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03-18-97 Regular DELRA~ BEACH CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING llI-Ameri~Ci~ :oo ?:os ,,,,,,.--- 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. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting March 18, 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 March 4, 1997 Special Meeting of March 12, 1997 6. Proclamations: A. National Records and Information Management Week - March 30 through April 5, 1997 B. National Building Safety Week - April 6-12, 1997 7. Presentations: A. RESOLUTION NO. 19-97: A Resolution recognizing and commending Commissioner Karen Kiselewski for her dedicated service to the City of Delray Beach. B. David Schmidt - 20th Anniversary of Sister City relationship with Miyazu, Japan. 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/WATER'S EDGE AT DELRAY BEACH: Approve the final boundary plat for Water's Edge at Delray Beach, a proposed 148 unit rental apartment complex to be located south of Lake Ida Road, between Davis Road and Congress Avenue. B. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve and authorize issuance of a funding subsidy totaling $9,581.35 for an eligible applicant under the Delray Beach Renaissance Program ($6,650.00 from HOME account #118-1923-554-83.01 through budget transfer from 118-0000-331-04.00, and $2,931.35 from SHIP Account No. 118-1924-554-83.01). 2 Regular Commission Meeting March 18, 1997 C. PUBLIC AGENCY AGREEMENT/MUNICIPALITY BASED COMMUNITY SERVICE PROGRAM: Approve a Public Agency Agreement between the 15th Judicial Circuit and the City concerning the Municipality Based Community Service Program. D. GRANT APPLICATIONS TO THE STATE OFFICE OF EMERGENCY MEDICAL SERVICES: Authorize staff to submit three grant applications to the State Office of Emergency Medical Services for funding support to purchase medical equipment and accessories for use by the Fire Department. These are 75/25 matching grants, with the City's share to be funded from FY 1997/98 budget (001-2315- 526-64.90 and 001-2316-525-52.20). E. ACKNOWLEDGMENT AND CONSENT FORM FOR MUNICIPAL LEAGUE CANDIDACY: Authorize the City Manager's name to be placed in nomination for the Palm Beach County Municipal League Board of Directors or for an officer's position in the Municipal League for Fiscal Year 1997/98. F. RESOLUTION NO. 26-97/INTERSTATE-95 SOUND BARRIER WALL BEAUTIFICATION GRANT AND MAINTENANCE AGREEMENT: Approve a resolution authorizing the Mayor to enter into a Highway Beautification Grant and Maintenance Memorandum of Agreement with the State of Florida Department of Transportation for landscape improvements to the 1-95 sound barrier wall. G. RESOLUTION NO. 23-97/GRANT APPLICATION TO FLORIDA INLAND NAVI- GATION DISTRICT: Approve a resolution authorizing a grant application to the Florida Inland Navigation District (F.I.N.D.) for funding in the amount of $77,261 or 50% of the total cost of $154,522, to replace the boat launching facilities and public restrooms at Knowles Park. H. RESOLUTION NO. 20-97/ABANDONMENT OF EASEMENTS AT PLAZA AT DELRAY: Approve a resolution vacating and abandoning certain easements within the Plaza At Delray shopping center in connec- tion with the renovation at the mall, subject to conditions and based on positive findings. I. RESOLUTION NO. 21-97: Adopt a resolution abandoning a portion of additional right-of-way for Dixie Highway located within the Aiden subdivision, on the east side of Dixie Highway south of Linton Boulevard. J. RESOLUTION NO. 22-97: Adopt a resolution assessing costs for abatement action required to remove nuisances on 41 properties throughout the City. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period Marach 3 through March 14, 1997. -3- Regular Commission Meeting March 18, 1997 L. AWARD OF BIDS AND CONTRACTS: 1. Purchase award via State contract to Gateway 2000 for 6 personal computers for the Police Department, at a total cost of $23,238 from 334-6112-519-64.11. 2. Contract renewal via the City of Boynton Beach co-op bid to Chemical Lime Company for the purchase of bulk quick- lime, at an estimated annual cost of $259,416 from 441-5122-536-52.21. 3. Bid awards through the Community Development Block Grant Program; $15,708 to Intercontinental Construction Corp. for a housing rehabilitation project at 406 S.E. 5th Street; and $16,889.25 to Alpha South Construction for 808 S.E. 10th Avenue, from 118-1963-554-49.19. 4. Bid award to Walcott and Sons for lot clearing and mowing through the Code Enforcement nuisance abatement projects, at an estimated annual cost of $16,500 from 001-2741-524- 34.30. 5. Bid award to Louis Bourg for Silver Terrace roadway and utility improvements, in the amount of $577,177.32 from 334-3162-541-61.20, 334-3162-541-61.17, 441-5161-536-63.47 through budget transfer from 441-5161-536-63.90, and a Federal Grant Fund in the amount of $200,000. 9. Regular Agenda: A. CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT PLUMOSA ELEMENTARY SCHOOL: Consider a request for conditional use approval to allow the installation of a communication tower at Plumosa Elementary School. The subject property is located at the southeast corner of NoE. 19th Street and N.E. 2nd Avenue (Seacrest Boulevard), and is zoned CF (Community Facilities) District. (CONTINUATION OF QUASI-JUDICIAL PROCEEDING) B. VAN POOL PROGRAM: Consider approval of an interlocal agreement between Palm Beach County and the City for the provision of one minibus, and a lease agreement between the City and Boca Raton Resort and Club relative to the establishment of a van pool program to provide transportation to and from the resort for City residents employed by the resort. C. TEMPORARY USE PERMIT/NORTH HALF OF ATLANTIC DUNES PARKING LOT: Consider a request from Florida AIDS Ride to use the north half of the Atlantic Dunes parking lot on May 18, 1997, as a rest area for bicycle rider participants. D. SPECIAL EVENT REQUEST/PAINT THE GROVE FLORIBBEAN: Consider a request from Pineapple Grove Main Street, Inc. for special event approval for "Paint the Grove Floribbean" to be held on April 19, 1997, including temporary street closure permit, staff support and consideration of overtime waiver. --4-- Regular Commission Meeting March 18, 1997 E. FUNDING REQUEST/ATLANTIC HIGH SCHOOL SPEECH & DEBATE TEAM COMPETITION: Consider a request from the Atlantic High School Speech and Debate Team for financial assistance in covering the costs incurred at the February competition in Boston. F. FEC BLANKET LICENSE AGREEMENT FOR UTILITY CROSSINGS: Consider approval of a blanket license agreement between the City and the Florida East Coast Railway Company (FEC) wherein the FEC grants to the City a license for each of the City utilities which cross the FEC's rail line. G. BID AWARD/MAJESTIC GROUP ENTERPRISES, INC.: Consider approval of a bid award in the amount of $134,990 to Majestic Group Enterprises, Inc. as lowest responsive bidder (second low bidder) for N.E. 1st Court utility improvements, from 334-3162- 541-61.17, 442-5178-536-61.78 through budget transfers from 442-5178-536-61.37 and 63.93. H. CHANGE ORDER AND CONTRACT ADDITION (C.O. 02 TO LIFT STATION 50 CONTRACT)/MURRAY LOGAN CONSTRUCTION, INC.: Consider Change Order #2 to the Lift Station 50 contract to Murray Logan Construction, Inc. for additional, unanticipated work at Lift Station 50 and contract additions for miscellaneous emergency and non-emergency repair work, in the amount of $52,763 from 001-4137-572-46.90, 442-5178-536-61.84, and 442-5178-536-61.46 through budget transfer from 442-5178-536-61.36. I. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE (RESOLUTION NO. 25-97): Appoint five members to the Affordable Housing Advisory Committee for two year terms ending March 31, 1999, and adopt Resolution No. 25-97. Appointments by Ms. Kiselewski, Mr. Egan, Mr. Ellingsworth, Mr. Randolph and Mayor Alperin. J. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Consider the appointment of members to the Nuisance Abatement Board as follows: two regular members for one year terms ending March 31, 1998; three regular members for two year terms ending March 31, 1999; and two alternate members for two year terms ending March 31, 1999. The appointments will be made according to the rotation schedule commencing with Seat #1. K. CONSTITUTIONAL REVISION COMMISSION POTENTIAL CONSTITUTIONAL AMENDMENTS: Review and comment on the initial list of potential constitutional amendments as compiled by the Florida League of Cities' General Counsel. 10. Public Hearings: A. TRANSFER OF SEACREST PROPERTY TO PALM BEACH COUNTY SCHOOL DISTRICT: Consider approval of the transfer of the Seacrest property from the City to the Palm Beach County School District. Regular Commission Meeting March 18, 1997 B. ORDINANCE NO. 12-97: An ordinance amending Article 4.6, "Supplemental District Regulations", of the Land Development Regulations by enacting a new Section 4.6.21, "Security Bars", and a related provision to Appendix A "Definitions". C. ORDINANCE NO. 13-97: (FIRST READING AND FIRST PUBLIC HEARING) An ordinance amending Ordinance No. 60-96 to extend the moratorium on the acceptance or consideration of applications for conditional use approvals for certain personal wireless service towers and tower facilities through June 15, 1997. If passed, a second public hearing will be scheduled for April 1, 1997. D. ORDINANCE NO. 14-97: (FIRST READING AND FIRST PUBLIC HEARING) An ordinance amending Section 4.4.13(D) of the Land Development Regulations to provide for moped/motor scooter rentals as a conditional use in the Central Business District; amending Section 4.3.3 to include restrictions on such use; and amending Appendix A, "Definitions", to provide for a definition of moped/motor scooter. If passed, a second public hearing will be scheduled for April 1, 1997. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 15-97: An ordinance rezoning a parcel of land from CF (Community Facilities) District and RR (Rural Residential) District to RM-7 (Medium Density Residential - 7 dwelling units/acre) for Coral Trace (Sned Property). The subject property is generally located north of West Atlantic Avenue, between the High Point and Sudan Subdivisions. If passed, a quasi-judicial/public hearing will be held April 1, 1997. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - March 18, 1997 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE PRESENTATION AGENDA IS AMENDED TO INCLUDE: 7. C. Tennis Center progress report from Brahm Dubin. CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 18, 1997 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CFIAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED AS FOLLOWS: 9. M. RESOLUTION NO. 27-97: A Resolution amending Resolution No. 17-97 establishing a coordinator for the ICMA Retire- ment Trust as established in Resolution No. 17-97. WHEREAS, the management and control of information is increasingly critical to every industry, business and government agency; and the systematic creation, distribution, storage and retrieval of records are of critical importance to the continued and efficient operation of any good organization; and WHEREAS, organizations that excel today and tomorrow will be those recognizing information as a major resource and structuring it as efficiently as they do other assets; and WHEREAS, an effective records management program assures the availability of information as a basis for sound decision making by providing security and control against loss by mismanagement, natural disaster, theft or inadvertent destruction; and WHEREAS, constantly changing technologies provide an array of information storage media from paper to electronic storage that require a concerted effort to assure proper retention and control; and WHEREAS, all Delray Beach citizens should recognize the significant and important role that records management professionals render in maintaining appropriate business, civic and government records; and WHEREAS, the Association of Records Managers and Administrators {ARMA) International has the purpose of promoting professionalism and education in Records and Information Management, and providing a forum for the exchange of information and the establishment of standards for records management practices. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim March 30, 1997 through April 5, 1997 as NATIONAL RECORDS AND INFORMATION MANAGEMENT WEEK in Delray Beach, and encourage all citizens to recognize the importance of this event. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 18th day of March, 1997. MAYOR JAY ALPERIN SEAL INFORMATION INFORMATION March 1, 1997 RECOFID } City Clerk RECORDEI city of Delray Beach 100 NW 1't Avenue Delray Beach, FL 33444-2690 RE: NATIONAL RECORDS AND INFORMATION MANAGEMENT WEEK PROCLAMATION Dear City Clerk: National Records and Information Management Week, March 31 through Apdl 5, 1997, was instituted in 1995 by the Association of Records Managers and Administrators (ARMA). In order to focus attention on the importance of good records and information management, your local Palm Beach Treasure Coast Chapter is requesting you assistance in the execution of the enclosed proclamation. ARMA is a, not-for-proffi organization whose pdmary purpose is to provide education in the field of records and information management. This goal is accomplished through local chapters, such as the Palm Beach Treasurer Coast Chapter, which serves an area from Ft. Lauderdale to Ft. Pierce, Flodda. The Palm Beach Treasurer Coast Chapter has been in existence for over 11 years providing educational meetings, workshops and seminars to the business community. Enclosed are a sample proclamation, poster and label pin for your use and display. Please forwarded the completed proclamation in the enclosed self-addressed, stamped envelope for our archives. Your cooperation and support is most appreciated. Please do not hesitate to call upon us if the Palm Beach Treasure Coast Chapter can be of any assistance to you in the future. Sincerely yours, PALM BEACH TREASURE COAST CHAPTER, ARMA INTERNATIONAL Rosemary Berger c/o Lake Worth Drainage Distdct 13081 Military Trail Delray Beach, FL 33484 (561) 737-3835 enclosures £1TY DF DELAIW 8EI £H B~G S~ ~ ~s sch~ for ~e week of April 6 ~ough 12, 1997; ~d, ~, ~e p~ose of ~e obse~ce of ~e w~k is to ~g~ght ~e se~ces pro~ded by B~g DesCents ~ ens~g ~e p~c's s~e~ ~ ~e b~t en~oment; ~d, ~, NA~ON~ B~G S~ ~ promotes s~e~ ~ b~g practices by cqllfng ~tenfion to sold b~g pr~ed~es used by con,actors work~g in ~e Ci~ of Dek~ Beach. NOW, ~~, L JAY ~, M~or of ~e Ci~ of Dek~ Beach, ~orida, on beh~f of ~e Ci~ Co~ssion, do hereby procl~ ~e week of April 6 t~ough 12, 1997, as '~.D~G S~~ ~" ~ the Ci~ of Delr~ Beach, ~orida. ~ ~SS ~F, I h~e here~to set my h~d ~d c~sed ~e ~fici~ Se~ of the Ci~ of Delr~ ~ach, ~o~da, to be ~f~ed ~s 18~ d~ of M~ch, 1997. MAYOR IAY AL~ T~ E~©PT A:,'~¥s M AFTERS . Agenda Xtem No. ~ '~ AGENDA REQUEST Date: Mar 10~ 1997 Request to be placed on:, x Regular Agenda Special Agenda Workshop Agenda When: Mar~.!8, 1997 Description of agenda item (who, what, where, how much)~ · Request city Commission approve Proclamation declarin~ April 6-1.2~ 1997 as National Build. inK .Safety Week for the City of Delray Beach. ORDINANCE/ P~ESOLUTfON REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of proclamation. Department Head Signature: ~. ,~M~/ Determination of Consistency with Comprehensive Plans 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: Appr°ved f°r agenda: ~-~NO ~A~THold Until: Agenda Coordinator Review: Received: Ac t ion: Approved / D i s approved MEMORANDUM TO: Dcrvid T. Harden, City Manager Fl[OM: Lula C. Butler, Director of Community Improvement {/0 DATE: March 10, 1997 SUBJECT: Request of Approval of Proclrrmc~tion Declaring April 6-12, 1997 as National Building Safety Week ITEM BEFORE THE COMMISSION: City Commission approval of Proclamation declaring April 6 - 12, 1997, as National Building Safety Week for the City of Dekay Beach. BACKGROUND: The Building Officials Association of Palm Beach County is encouraging all municipalities with Palm Beach County to participate in National Building Safety Week in order to promote building safety in our City. One of the methods of promoting building safety is by proclamation of National Building Safety Week. RECOMMENDATION: Staff is recommending City Commission approve the proclamation declaring April 6-12, 1997, as National Building Safety Week for the City of Dekay Beach. u:\clin e\wwdata~bsproc 9 7.doc RESOLUTION NO. 19-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING KAREN A. KISELEWSKI FOR HAVING SERVED WITH DISTINCTION AND DEDICATION AS AN OFFICIAL OF THE CITY OF DELP~AY BEACH SINCE 1992. WHEREAS, Karen Kiselewski was appointed to the City's Planning and Zoning Board in September, 1992, and served as that board's Chairperson from September, 1995 through April, 1996; and WHEREAS, on April 16, 1996, Karen was appointed to the Delray Beach City Commission to fill an unexpired term ending March 27, 1997; and WHEREAS, Commissioner Kiselewski has served with distinction and dedication in the performance of her duties and has consistently provided her knowledge and talents to the betterment of the city and its residents; and WHEREAS, true to her oath, Karen has well and faithfully performed the duties of Commissioner of the City of Delray Beach, Florida; and WHEREAS, Commissioner Kiselewski chose not to run for office in March, 1997, and the expertise and knowledge provided by this dedicated individual will be missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends COMMISSIONER KARENA. KISELEWSKI for her excellent record of dedicated and faithful public service, and extends the sincere thanks and appreciation of the citizens of Delray Beach for a job well done. Section 2. That the City Commission further wishes her the best of health and happiness in all of her future endeavors. PASSED AND ADOPTED in regular session on this the 18th day of March, 1997. ATTEST: / . DELRAY BEACH HOST COMMITTEE FOR JAPANESE VISITORS MINUTES February 6~ 199'7 Meeting Old School Square Tea Room Members attending: David Schmidt Larry Rosemrwelg Charlotte Durante Ned Gusty Jimmy Mihori Nancy King Larry Garito 1. Meeting called to order by Chairperson Charlotte Durante at 8:40am. She announced that nearly half of the committee members called to 'report that they were sick with the flu and could not attend today's meeting. 2. The Committee discussed plans for the upcoming visit of the delegation from Miyazu. - The following schedule was dr~ted: Saturday, May 1'7 l:30pm Guests arrive Palm Beach International Airport Travel agency will provide transportation to Holiday Inn. 2:40pm Guests ~rive Holiday *David Schmidt makes r~ervations *Mar,~orie Ferret provides gift bags *Nancy King provides Host Committee booklets * Committee members there to greet them '- Check-in and free time 4:30pm Transportation from Holiday Inn - Dinner-Theatre. Holiday Inn (Pick-up: ,~:30pm - Drop-off: 9:30pm) *Nancy King 5:00pm Dinner at Damiano's or D~otah * David Schmidt ,.nd Charlotte Durante 7:30pm Crest Theatre (Evening of music) *Joe Gillie, John Yurt, Charles Eschenberg, Ned Gusty Sundav~ May 1~ 10:00am Transportation from Holiday lnn-Morikami-Holiday Inn (Pick-up_'. 10:00am -.Dr0p-gff: 2:00pm) *Nancy King " I0:30am " Gardens Dedication, Tea Ceremony, and Brunch at Morikami *Larry Rosensweig, Nancy Stroud, Bill Wilshire P.O1 · FE~-O~--9? ~JAT 0~ :5? AM P~g¢ -2- 2:00pm Fr~ time Guests to choos~ C~i¢,ner COmr~'fittee members may ox~end p~r~onal lay}rations. *Jimmy Mlhori and Larry Rosenswelg Monday, May 19 8:45.~m Transportation from Holiday Inn-Oki School Square-Carver Middle School-Holiday Inn (Pick-up: 8:45. Drop.off: *Nancy King 9:00am Sculpture Dedication, Old School Square Greetings from Mayor AIperin 9:30am Ctrrver Middle School tour and lunch *Carol Blacharski :~;00 Frce time in afternoon 6:00pm Cocktails at Holiday Inn 7:00pm Dinner at Holiday Inn *Charlotte Durante and Larry Garlto Gifts presentation from th~ City Tug,da)', May 2orh B:40a.m Guests depart. ~'Larry Garito will videotape highlights of the vis'R; *Japan.American Society members will be available to escort gusts to places during the free time scheduled, 3. The mcctJng was adjourned at 9:45am. The n. ext meetln _will_b_.e held on uesdav,blgrch ,18, SIM01~ .~ND SCHI~IIDT ATTORNEYS AT LAW I=, O, BOX 2020 IOO NORTHEAST ~I~T~ AVENUE E~NEST G. SIMON TE~PHONE (~1) 27~2~1 WEST PALM BEACH DAVID W. SCHMIDT F~(~I) ~02~ 737-8222 March 3, 1997 Mrs. Barbara Garito City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Delray Beach Sister Cities Committee Dear Barbara: My artists have informed me that their sketches are not going to ready for tomorrow night's commission meeting. I must request that the Sister Cities' item be postponed. They have promised me that they will have something ready for the meeting on the 18th, but I will confirm that with you. Sincerely yours, David W. Schmidt CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - March 18, 1997 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE PRESENTATION AGENDA IS AMENDED TO INCLUDE: 7. C. Tennis Center progress report from Brahm Dubin. muv:: CHAMPIONS OF TENNIS Overview The Nuveen Tour is the premier competitive men's tennis circuit for 35-and-over professionals. Recently, the Nuveen Tour merged with IMG and the ATP Tour to create a single, unified, worldwide senior tennis circuit. The Nuveen Tour continues its commitment to "fan friendly" environments, featuring intimate stadiums and unprecedented player access and hospitality. Nuveen Tour events are conducted over a four to six day period and receive national television exposure. The Nuveen Tour has proven its ability to accomplish for tennis what the Senior PGA has achieved for golf. The Nuveen Tour showcases some of the greatest names in the history of the game, including Jimmy Connors, Bjom Borg, Guillermo Vilas, John McEnroe, Yannick Noah, Jose-Luis Clerc, John Lloyd, Johan Kriek, Andres Gomez, Roscoe Tanner, and others. Players compete for over $3.6 million in prize money and valuable Nuveen Masters Points throughout the season. The top eight point leaders are invited to compete in the $300,000 Nuveen Masters, the Tour's season- ending championship, played each March at the Kensington Golf& Country Club in Naples, Florida. Off the court, the players enjoy the opportunity to interact with their fans and sponsors. The players' high visibility and commitment to their supporters distinguishes the Tour from other sporting events. Nuveen Tour Success The Nuveen Tour has effectively returned tennis to its original spirit and intimacy. The players have thrilled audiences around the world and demonstrated the strong demand for 35-and-over tennis. Since its inception in 1993, the Tour has grown from three to twenty-one events with play on tbur continents, including the United States, Europe, Africa, Asia, and Australia. To date, the Nuveen Tour has drawn more than 700,000 spectators. The Players Players eligible for the 1997/98 Nuveen Tour season include: Jimmy Connors John McEhroe Bjorn Borg Andres Gomez Yannick Noah Roscoe Tanner Jose-Luis Clerc Eddie Dibbs Mansour Bahrami Johan Kriek Mel Purcell Ilie Nastase Guillermo Vilas John Lucas John Lloyd Dick Stockton Bob Lutz Gene Mayer Tim Wilkison Peter Fleming Hank Pfister Harold Solomon Sherwood Stewart Marty Riessen National Presenter National Presenter 1320 18th Street NW · Suite 100 · Washington, D.C. 20036 ·l[L: 202.785.4464 · FAX: 202.785.4468 The Fans Demographic surveys taken at Nuveen Tour events reflect a spectator base that is comprised of highly-educated professionals with active lifestyles and a considerable amount of disposable income. Female: 60% Male: 40% Median Age: 48 Income: 52% have household incomes exceeding $75,000 Education: 81% have a college or advanced degree Occupation: 67% are professionals or work in management positions Nuveen Tour Sponsors NUVEEN CHAMPIONS OF TENNIS Sponsors have joined the Nuveen Tour enthusiastically, with 87% of the Tour's sponsors either continuing or increasing their sponsorship support since 1993. The following is a sample list of sponsors in a variety of categories that have supported the Nuveen Tour: John Nuveen & Co. U.S. News & World Report Cadillac Coopers & Lybrand Chesebrough-Pond's USA Xerox, The Document Co. USAir Big Bear Supermarkets Bell Atlantic Nynex Mobile Corel Nationwide Insurance Cunard U.S. West Thrifty Car Rental Choice Hotels Northwest Airlines MFS Communications Wenger Swiss Watches Delta Airlines Ocean Spray Citibank John Nuveen & Co. is the Tour's Title Sponsor. Cadillac and U.S. News & World Report are the Tour's National Presenting Sponsors. Charity At each event, the Nuveen Tour strives to makes positive changes in the local community. To date, the Tour has raised over $1.25 million for charity. Charities supported by the Nuveen Tour include Children's Charities, the Los Angeles Food Bank, Cystic Fibrosis Foundation, Hospice of Southeastern Michigan, Adam Walsh Children's Fund, the Conservancy, and others. Nuveen Tour Highlights FOX and Fox Sports Net broadcast the Nuveen Tour to a national television audience. · Yannick Noah made his Nuveen Tour debut in Columbus, Ohio and captured the title in Johannesburg, South Africa in just his third Tour event. The list of tournament winners on the Tour also includes Jimmy Connors, John McEnroe, Bjorn Borg, Andres Gomez, Johan Kriek, and Jose-Luis Clcrc. · Andres Gomez became the first player other than Jimmy Connors to lead the Nuveen Masters Point Standings with his 6-3, 7-6 (12-10) victory over John Lloyd at the Corel Champions in Washington, DC. Connors had held the lead for 25 consecutive Nuveen Tour events, dating back to the inception of the circuit in August, 1993. · The 1996 Citibank Champions, held in August at Westchester Country Club, featured a sixteen player draw and set a Tour record for attendance (36,000). · The Tour made its South Africa debut with the MTN Champions, October 16-20, 1996 in Johannesburg. Yannick Noah captured his first Tour victory defeating hometown favorite Johan Kriek in the finals before sellout crowds. · The NTT Data Champions in Tokyo drew 25,000 fans over three days, including a single session attendance record of 9,000 people. · The Nuveen Tour merged with the ATP Tour and IMG to create a unified senior circuit. Television NUVI EN - CHAMPIONS OF TENNIS FOX Sports Net, the home of the Nuveen Tour, reaches over 40 million households, televising the non-stop action m~d intense competition of the Nuveen Tour worldwide. In its brief history, the extensive television exposure has contributed to the Tour gaining international recognition. Every Nuveen Tour event receives two to four hours of coverage during the semifinals and finals. The Challenge, presented by Quality Inns is one of the Nuveen Tour's highest-profile events. This year, it will be played at the world famous Broadmoor hotel in Colorado Springs. The Challenge features a special four-man player field (Jimmy Connors, John McEnroe, Bjorn Borg, and Yamfick Noah) and will be aired to a network television audience August 2 and 3 on FOX. Highlights of the Nuveen Tour semifinals and final matches are satellite uplinked to national news (CNN, ESPN), local network news and sport shows. This service is a part of the Nuveen Tour's comprehensive approach to generating extensive local, national and international exposure through television, radio and print media. NUVE N -- CHAMPIONS OF TENNIS SENIOR TENNIS TO FEATURE UNIFIED WORLDWIDE CIRCUIT IN 1997 FOR IMMEDIATE RELEASE OCTOBER 14, .1996 In an alliance combining the resources of Net Assets, the International Management Group (IMG) and the ATP Tour, men's senior tennis will grow dramatically in 1997 with the debut of a unified worldwide circuit featuring Jimmy Connors, John McEnroe, Bjorn Borg, Yannick Noah, Guillermo Vilas and other stars no longer active on the ATP Tour. The joint announcement was made by Mark Miles, Chief Executive Officer of the ATP Tour, Ray Benton, Chairman of Net Assets and Bob Kain, Senior Executive Vice President oflMG and represents, for the first time, a coordinated and cohesive presentation of senior tennis worldwide. The unified worldwide circuit will be comprised of the Nuveen Tour in NOrth America, the ATP Senior Tour of Champions in Europe, and the Champions Tour on other continents, all sanctioned by the ATP Tour. The circuit will consist of 22 events, with the top players in the worldwide point standings qualifying £or the Nuveen Masters, the season-ending event to be played in Naples, Florida in March. The unified worldwide circuit will be operated outside of Europe by Net Assets, founder of the Nuveen Tour. IMG and the ATP Tour, in a joint venture, will organize the European events on the ATP Senior Tour of Champions, which is the successor to the ATP Senior Tour, launched in 1992. All the tournaments will feature single-elimination formats in draws that will be standardized over time, but will likely include fields of eight, 12 or 16 players. "These great players have clearly demonstrated that they have tremendous appeal to fans all around the world," Miles said. "This circuit will enable us to expand our reach while giving fans the opportunity to see a different brand of tennis." National Presenter National Presenter 1320 lgth Street NW · Suite 100 · Washington, D.C. 20036 · TEL: 202.785.4464 · FAX: 202.785.4468 Yannick Noah added, "The ATP Senior Tour of Champions in Europe is a great opportunity for me to continue playing competitive tennis and renew old friendships and rivalries with champions who have helped make men's tennis so popular around the world. I am looking forward to playing next year." Connors, a partner in Net Assets, has been a catalyst in the success of the Nuveen Tour (formerly the Champions Tour), which began with three events in 1993 and has grown to 13 in the 1996-97 season, when Nuveen became title sponsor.' "It's gratifying for me to be part of something that has reached this level of success," Connors said. "We're happy to be associated with the ATP Tour and IMG. Clearly, combining all our resources is the best way to make this circuit the strong international attraction it deserves to be." "This is a logical extension of our building process of the past three years," Benton said. "The quality of the tennis is outstanding and we have had considerable success in the United States. With their resources and stature, we expect IMG and the ATP Tour to expand that success on a global level." Among the cities hosting events in 1997 on the unified worldwide circuit are Los Angeles, Washington D.C., New York, Detroit, Johannesburg and Tokyo. Six cities in Europe will be named soon and a calendar of events and sites for the worldwide circuit will be available. "We look forward to using our combined resources to bring this brand of tennis to fans around the world," Kain said. "The names, the personalities and the competition are sure-fire ingredients for success." For additional information, contact Pele Alfano, ATP Tour, (904)285-8000 and Steve Griffith, Nuveen Tour, (610)695-8881 ext. 107. NUVEEN CHAMPIONS OF TENNIS TENTATIVE 1997 SCHEDULE INTERNATIONAL CHAMPIONS CIRCUIT (Nuveen Tour - ATP Senior Tour of Champions - Champions Tour) Date Market Tournament March 3-9, 1997 Naples, Florida Nuveen Masters April 24-28, 1997 Richmond, Virginia Trigon Champions May 1-5, 1997 Los Angeles, California Coopers & Lybrand Champions May 15-19, 1997 Washington, DC Corel Champions June 12-16, 1997 Columbus, Ohio Big Bear ChamPions June 19-22, 1997 Prague, Czech Republic ATP Senior Tour of Champions July 17-20, 1997 Portschach, Austria ATP Senior Tour of Champions July 31-August 3, 1997 Colorado Springs, CO The Challenge presented by Quality Inns August 6-11, 1997 Purchase, New York Citibank Champions August 13-17, 1997 Boston, Massachusetts Cape Cod Champions August 21-25, 1997 Detroit, Michigan Mentadent Champions September 18-21, 1997 Paris, France ATP Senior Tour of Champions September 24-28, 1997 Johannesburg, South Africa MTN Champions October 10-13 1997 Pesaro, Italy ATP Senior Tour of Champions October 16-20, 1997 Houston, Texas (tentative) Houston Champions November 1-3, 1997 Tokyo NTT Data Champions November 7-9, 1997 Far East (tentative) Champions Tour November 11-14, 1997 Saudi Arabia Ford Champions November 21-24, 1997 Aschauffenburg, Germany ATP Senior Tour of Champions December 4-7, 1997 London, England ATP Senior Tour of Champions December 11-14, 1997 Sydney, Australia Sydney Casino ChamPions March, 1998 Naples, Florida Nuveen Masters Pending - Indianapolis; Dubai; West Palm Beach, Florida As of February 25, 1997 National Presenter National Presenter 1320 18th Street NW · Suite 100 · Washington, D.C. 20036 · TEL: 202.785.4464 · FAX: 202.785.4468 USA TODAY APRIL 23, '1996 · I ' ' ': '"* '?;';' / ~ '" ~' ~"~ ~ c id~ of markcfin8 lc~ playc~ p~[ U~cir' time ":~.-,d~ .:.? , . ~t Monday: WiU~ iB ~ ~-~-- ........ '~.' got a ..... , ,,,~.., annu~ly, ~ng wiUl todays to.~...;-, ,- · - ,- .u, ~e [our h~ ~own from ~me even~ in 1998 to aPro cc[ed 14 U~ y~. Incr~ in -~emo ........... ;, ~;(~.*:( :,' in ~nior golf. And attend~ce,-prcdict.. .ably drawing ~ucnt ~bu :c'?: ~ ~'.' ,.: c~ about.l~ below ~cgul=:~ ~eab,. : r~chcd a4,000 for a;lO~5 loummen[;:.,. ' ~:e tour 1:~' ~nflmen~l Mvori/~ ' :' ~o~, Bjom ~rg and'John M~nro~'. ., ' "" ,.. flqt tour/ounder~ ~d "-c~wner~' Ray " ~ntoa rays h~ b~t ,wOr~ ~a't ~:-: ., whc~mr any of today s young pr~ ~m~ day wilt become ~lablc ~Mo= ~lling -- to ~hmoom more Umn playc~ in ~el ~orls on TV fi: ,, . r :' ~. ne. MY b~t chaacngc ~,co~ B~M~IIiI~I~d 0oitmre ...... m~agemcnts p~coccupaUon wJUi ' , ',.~.,J q- 7- · UbS. :rom ad agca?, Wieaen & Kenaedy,'~wllt~?:~ a~ han~l~ Nike. We re not ~ng about'~pN s) ,.:- . ,. ':(~ ' ::{ S~Ccnter a~, Um cu~cnt.gold: s~dard'.jn '~ ~ . - nc~ork on~r prom~. Spo~Ccnter'a~"dcbut.~',- :,: lng Ap~I 29 include' a hila~o~ s~t ]n wMch'h~kcy ~ ~rdle HOWe, fl~crcd Umt'~PN's Itci~.~Olbe , paying a/tcnfion · , ~ ~ ~nt Mommy! No, ' P;~ Olbe~ann Io a wall'~un~l he Um ~mmb~own go~ to ~PN's b~b~l wiffl ~'PD Blue actor Nick Tu~u~o and :an Abc ~ncoln ': character. Wieden & Kennedy~howed pofi~m ~ ~ bi work /,orpr~idcnL ~UI uic ~n~ol~ ~ ~q. ar~9; y~ 'cai. 'mcminment..tor pJaccmcn~;':' t}:,.~ N~ pr~uc~ aired 80 ~n;~ ~ ~la0n& In' aM'fi'~ · ' .. $1~ million ~c '~wer ~' -~' ..... _P ' _ ~t~, to . :' "~ .... :' ' on ~Cs Feb. 16 H~nging wigi Ma · .:~:~(~7 . ' " 22~ of mercl~d~'~, Ot one ~ tO~!lcr, pr~udng.: ,'. .,....' ,.- .'. .- : ' g ~eo. ,,,: · ;,, .. ;~. .. ?...,'?': 4-.. .- k".':~'; .... - . ' ' · '-'t- ,. . .>.; .': ,[ .. · . ,. . ". '.~ . ' . .: .... . .,~ :' . .,, '. TENNIS slot on ABC to broadcast its version of golf's Skins Game, called The Challenge. It will feature Counors, McEnroe, Yah- nick Noah, and Andres Gomez competing MOVE OVER ARNIE for a purse of $325,000 and will air on mmm July 6-7 after NBC's Wimbledon finals. , Since the 12-man tour is invitation JIMMY'S HOLDING COURT only, it's easy to enforce a baseline quai- ification of what Benton calls "having fiat bellies and being able to run." Be- Connors' tour may do for tennis what the geezers did for golf sides, for lesser players, the $4o,ooo to $50,000 winners' checks make it worth M cEnroe over Connors. their while to stay in Borg over Vilas. It $?II. L ACE$: top form. For the sounds like flashbacks Connors is the champions, it's more to the searing red clay of a tour's star and about ego. "I'm in the French Open gone by. But half-owner best shape of my life," the lines in the players' faces says Borg, 40. are a little deeper, the grunts The tennis isn't bad for a bunch of a little louder. This is the players who are either looking 40 in the Nuveen Tour, tennis' answer eye or looking back at it. Advances in to the ?GA Seniors Tour-- racket technology help them keep the with one big difference, zip in their serves; the courts are clay, The difference is Jimmy which means more rallies and less stress Connors. At 43, the former on aging knees; and the 12-man draw bad boy of tennis is now the means that Cormors, Borg, and the other good entrepreneur of tennis, two top seeds (Gomez and McEnroe, Unlike the pro golf senior when available) have byes into the quar- tour, which is run by the PGA, terfinals. This is different from "the the senior men's tennis tour is boom-boom, hard-hitting tennis you a startup controlled by Net see.., today, where the points are over in Assets, which is 50%-owned two seconds," says Connors. "People like by Connors. to see rallies that last for 15 shots, that Connors and Ray Benton, mix it up--it's inspiring, makes them an ex-president of sports want to get back on the court." management biggie ProServ "AJ~ATI4Y.' If there is one obvious flaw in Inc., hatched the idea of a the tour, it's that Jimmy Connors, presi- men's senior tennis tour over dent of Net Assets, has written Jimmy drinks in 1993. There were Connors, the circuit's best player, 18 out and are--senior events run of 26 first-place prize checks. So what by the ATP, the governing happens when the star retires? The 30ish body of professional tennis, OAT PLACE TOURNAMENT pros that the tom' aims to attract in five but Connors saw a gap in the years or so---Stefan Edberg and Mats market. "There was no legiti- JUN[ 13 Columbus, Ohio Big Bear Champions Wilander, for example can't come close mate, competitive, knockdown JUNE 20 Pebble Beach, Calif. The Challenge (pre- to matching Connors' charisma. "The rCA circuit for me and my sented by Qualitylnns) Seniors started with [Arnold] Palmer, friends," he says ............................................................................................... Chi-Chi Rodriguez, Gary Player His concept was simple: tUG. l Harrison, N.Y. Citibank Champions names," says Connors, who gives himself Combine marquee names ............................................................................................. at least another five years on the tour. (himself, Bjorn Borg, John AUG. 14 Cape Cod Mentadent Champions "Now golf's events are established, less McEnroe) with lesser-known AUG. 21 Dearborn, Mich. Mentadent Champions dependent on the marquee, and we hope ex-champs (Roscoe Tanner, ......................................................................................... to be there, too." John Lloyd, Guillermo Vilas), D^T~NUW~,T0UR Benton concedes that "there is some enforce an all-players-must-schmooze- than half the revenue is from corporate amount of apathy about tennis in gener- with-fans-and-corporate-clients rule, and sponsors such as Coopers & Lybrand al right now. Corporations have a total emphasize singles rather than doubles, and Citibank, with the balance from box preoccupation with golf." But he points INCI~NT~ PAY. In six months, Connors seats, ticket sales, and concessions. Ex- out that the ?GA Senior Tour was creat- and Benton were running their first penses usually run about $750,000, with ed in 1980 as a marketing tool to help tournament. This yea~; 14 events are the largest being player compensation: counter the popularity of tennis. scheduled, 20 are planned for 1997, and $150,000 to $200,000 in prizes and an At a tournament in Washington in just last month the muni-bond invest- equal amount in "appearance money" May, a crowd of 3,000 watched Borg blis- ment firm John Nuveen & Co. signed which gives even losers the incentive to ter forehands past his foes. If their en- on as main sponsor to the tune of $1.5 do their share of meeting and greeting, thusiasm is any evidence, the old-timers million per year through 1998. "Some- All the domestic events on the Nu- of tennis could bring some fallen-away times we gross $650,000 [per event] and veen Tour are televised on the Prime fans back from the links. sometimes $850,000," says Benton. More cable channel. The tour also has bought a By Michael Goldstein in Washington Reprinted from BUSINESS WEEK, June 17, 1996, copyright by The McGraw-Hill Companies, Inc., with all rights reserved. Additional reprints may be ordered by calling Business Week Reprint Department (609) 426-5494. Scene from the '70s The top players from tennis' hottest era are back in the Nuveen Tour for men 35 and older, 2C Tour ~ 13 c~: Jimmy ~rs, ~, is ~ayi~ on ~e n~ MAY 8, 1996 ~:~ ~:~~ tour, along ~ Bjom ~rg, 39, and Guille~o ~las, t '70s l ter to seffior ckcffit '90s ~ Doug S~ tour s~r ~or ~r~ y~ ~e pla~ on our tour ~e USA TODAY "mk~ ~ ~ ~o~er level." p~ylng ~or ~e money," ~ Te~ ~ i~ a~x in d~k ~g to ~ put on our we love i~ I ~ow ~e day I · e ~te '7~ when Jimmy ~n- ~h~ule," he ~. "We e~t n~ch out ~e~ ~d don't no~, Bjom ~ ~d Gull- to have 18 to 20 toummen~ joy ~e ~nd, ~at's when ~t's lemo V~ ~t ~eR p~m~ ne~ ~. Wi~ 20 even~ a ~me for me to qui~" Milliom of new ~ were y~, we could ~ pla~ce ~e money, ~ou~ 1~ dram to ~e ~e, a~cted a mon~. ~en I'm ~ck m ~ o~e~ on ~e Senior ~ much b~ ~e em's in~ing plag~ ~ ~ ~me." PGA Tour, ~ ~ ~Rer. ~n~ ~ lB ~en[ Conno~ who ~ pla~ ~v- ~o~ ~ won 81.2 milton, ~at ~e ~o now ~ hel~ e~ m~ ~ur even~ ~ch '~rg $51~,000 ~d Jo~ ~ek lng ~b~h a men's ~d- y~, 1~ a ~t retch to $~8,0~ in ~or over dr~it ~ey vow ~ ~ ~o. 2 ~ ~chey Rene~ ~e ~ur ~ ~t~ to o~er come as successful as the 1~ week in ~e AT~T ~- $~ ~llion in p~ mone~ in i~ senior pro golf tour. lenge at Afl~. fl~ y~, or a~ut $1 mi~on "Jimmy is an American "Some of ~e ~ in ~eir 1~ ~ w~t w~ offer~ by hero, Bjom open~ up E~o~ ~ly a~ ~dy ~e ~ger to ~e ~or ~A in i~ fi~ ~. and I m a hero in ~u~ ~er- play ~e ~or tour," ~om ~e ~e p~yem who mdc im," ~gen~na's Vi~ m~. m~. "When I m ~ Aflan~ te~ lucm~ve ~ ~e '8~ "That ~ wh~ ~ cimuit ~ dlf- one ~y who ~ $$ ~d, 'K~p could do ~e ~e ~or ~e ~ terent ~d ~111~" me in ~nd.' Wi~ ~at ~nd of ~o~ of ~e '~. ~e Nuv~n Tour ~ ~ inter,.it ~ do n~ but "It w~'t j~ m~ '~m- debut in ~e ~in~on, D.C., get ~Rer." ~on, but even ~ ~fore a~ at ~ont ~un~ ~e tour's ~mre b~tem me," ~om m~. "~me Club in R~e, Md., ~n- considerably when former ~e mp ~ t~ay my ~ey ni~ ~ay. ~om, ~$; ~r~ ~d sim ~em si~ on. won't play ~niom but by ~e 3~; ~d Vil~, ~$, ~e mong a ~dr~ ~m~ ~, ~e lffi0 ~me ~e~ get ~e~, we'll ~ 12-player field vying ~or French ~n chmpion, won lot bi~r ~d have a lot more $1~,000 in si~ ~d doubl~ ~r~ ~ ~n h~ ~e ~. p~ mone~. ~y~ ~ey'~ at ~e ~v~y even[ ~m~ ~ p~g at ~ w~k's ch~ ~eir ~nd." Co,om ~ ~e emp~ even[ Nuv~n, ~1, U~. N~s & slill ~ on ~m~flven~ in John Mc~, ~7, ~ ~v- Wor~ ~, Menmden~ ~ a~e b~f~ee~t mtch~ en ~nd sim ~0~, won't ~ ~ · L~b~d ~d E~ ~e "~e're pla~ ~e ~d of in W~hingon but h~ co~t- mo~ p~ te~ we've ~ plaT~," ted to play ~ffior even~ in "We ~ve ~iffi~ ~d do a lot he m~ "~t w~ ~t to New York and ~ ~gel~ of ~i~ o~ ~e cou~ for ~e me. O~e~, I could have Ya~ick Nmb, $5, ~e lO8a s~ ~d ~e ~ple o~- smy~ on ~e ~ Tour and French Open champion, n~ ~e even~," ~rg ~. play~ a few more ~." m~ h~ ~ debut in June at "~e ~t ~ ~ ~ succ~ful. ~nno~ ~d ~ a~n~ ~y ~lumbm, O~o. Young ~ple, ~ well ~ ~ ~nton, ~ ~e tour in 1~ Connors, McEnro~, ~oah from our ~nem~on, ~11 ~t with three events olfering and Gomez will compete m ~ m p~. ~at mk~ m 8~50,000 ~n p~e money. Aver- June 2~2~ at Pebble ~ch, f~l a~ atend~ at 1~ ~n's ~l[fi, in ~e' ~len~, a ~ ~ h~ ~ to pl8~ 12 evenm: 20,50a. $~25,000 md~or-~ event (to a lew more ~. ~om The ~rd ~n ~m ~ ~r on ~ July ~7). ~o~ pm~ ~ ~ ~nd even a 1~ tour, offedng 82A ~1- m~ ~1 o~er ~enm ~ on ~- longer. lion. ~om m~ a r~ent, ble's ~me Ne~ork. "I ~'t let him get ~d of de~ ~at mdc Nuv~n ~e "I don't ~ink ~e ~ who me," ~o~ ~ B · WEDNESDAY, SEPTEMBER 7, 1994 · USA TODAY 3,OVER STORY Tennis changes with marketing game ~ontlnued from lB Chrysler and Cadillac as sponsors, is Becker play like a machine." "This e~ent is still in ils show-me Tennis also has great demograph- That's part of the attraction for stage,, says Brian Murphy, publisher ~e's tennis shoe division saw revenue ics. The average fan earns more sponsors, too. The star players of ten- of Sports Marketing Letter. "You ;ink 36% in the USA last year. Andre than $55,000 a year, is a college grad- nis are in their 20s, younger than need three or four years to know if ,kgassi and Monica Seles have uate and has a managerial, job. most vice presidents of marketing this is going to work." dropped off the Sports Marketing Champions, now in its second year, and CEOs of potential sponsors. The There are some concerns about letter's list of top 10 endorsers, wants to be to tennis what the Senior age difference can be hard to bridge, the. C...hamp. ions Tour! bumped by Dan Jansen and Nancy PGA is to golf. That means bringing The ability of corporate executives i. ~. ~.e.n. ms. mag.a..zme's Ado,rney to trot out the tenms gr Is the l ......... Kerrigan. In May, Sports Illustrated back the stars that made the sport a ' ea of ir adUltS me tour wm reinvigorate in- mn a cover story titled "Is Tennis hit and teaching them to work as generation is considered a market- retest tn tenms t)ecause a dray ap- Dying?" hard off the court -- schmoozing ing plus. Last year, Corel invited peals to current fans of the game. "It's "These are not statistical blips, with fans and sponsors- as they do~ some if its best customers, such as great for fans who remember These are real problems for the on the court trying to win. CompUSA, to matches and parties, the great rivalries of the '70s and ~port and the industry," Patterson "Borg! Borg/" shrieks a group of "Our guests were so impressed. They '80s. But we need to be thinking says. boys no higher than a tennis net, were meeting their heroes," says about the future of the sport and Critics blame everything from the chasing down the five-time Wimble- Valerie McCavour, director of corpo- cusing on encouraging newcomem." style of men's play, which has devel- don winner. Borg stops his stroll rote services for Corel. · It's a lot easier to play high-level oped into a battle of from the practice. Another advantage: price. "At a golf into your 30s and/Os Dan it is to power serves with court to the showers U.S. Open-type event, sponsorship play high-level tennis. "A fallolI in few volleys, to the ~Some players to autograph a hat, can range from a quarter of a mil- skill level will be a lot more obvious youth of current a water bottle, a T- lion up .to several million dollars," in tennis than in golf," says Don Dix- champions and art~ exI~riencL:'d on shirt and a tennis says Mark Adorney, publisher o! on, CEO of Lifestyle Marketing. "If their dearth of cha- this business side. ball. "Jimmy! Jim- Tennis magazine. "At a tour. like these guys are not in good shape, if risma. But connec- Some need to learn my!" the group is Champions, a local sponsor could be they're just going through the mo- l. ion is the constant now calling, chasing the big name for a quarter-million." tions, that will show." refrain. Fans want it. But connecting after Connors. Connors changes shirts three I~ People are calling this The Jim- to feel connected to with the sponsors Giving auto- times in one hour as he moves from my Connors Tour. What lmppens the sport and its and seeing they get graphs isn't the half event to event. A T-shirt showing the when he gives up play? "Connors is players. And that of what Champions Champions Tour charity, Pediatric the marquee guy out there. How do connection has what they Heed out players are asked to Aids Foundation, is the attire for the you make a tradition out of one play- been fading in ten- of each event is key ad. Every Tuesday center-court press conference. Then er?" Feinstein says. "If most are tun- his while improving to this tour.9 9 on the tour there's a back to the trunk of his renhal car for lng in to watch Jimmy play, this is a in other sports. The mandatory players an official tour T-shirt to wear at rite !ining for his pocket. But it's not go- problem, experts ~ Ila¥ B®nton, meeting where the Prince children's clinic. Back again, mg to make much of a difference to .say, is that tennis is schedule of events post-clinic, for a Reebok polo shirt, tennis overall." a consumer product ©o-~r~ator of tho is outlined. Who will "I'd forgotten how to pack for an en- Between afternoon clinics and the losing touch with its ~haml~ion$ Tour work which corpo- tire day out. Used to be I'd play and evening cocktail parties, Connors target market, rate party. Who will then head back to my hotel," he says. does get his golf bag out to hit the "Tennis is the staff the clinics. A But his trunk is packed with the day's course with fellow competitor Vitas worst-marketed sport in the country two-page assignment list is handed attire, tennis equipment and his golf Gerulaitis. Connors works in two in- terviews at the same time. Gerulaitis today," says John Feinstein, sports out so players know where they're bag. 'TII try to sneak that in between jokes that having press along has commentator and author, of Hard supposed to be. Benton makes sure commitments. Courts, a nonliction book about life they know why, too. "I'm used for a lot of things be- Connors on exceptional behavior. on the professional tennis circuit. "I talk to them about what we sides just tennis," he says. "I under-. Climbing into the golf cad after "Golfers every Wednesday have to need from them at different events, stand that. That's part of the work the second hole, Connors calls back ~ to Gerulaitis, "Hey, did you hear play Pro Ams, that means a profes- what each sponsor wants from the I'm doing And it is work. But we're someone calls us the Jurassic Tour?" sional gels out there with four ama- event," he says. Citibank, which trying to build something here." Gerulaitis shrugs. "Jurassic Park teurs for live hours, showing them sponsored the Champion Tour's stop It hasn't been easy. It took Benton made a lot of money." how to hit the ball, smiling no matter in Westchester, N.Y., in July, used three months to line up the tour's Connors, who didn't think the what they do. They consider it part the event to entertain corporate ell- first sponsor, grocery chain Big Bear, rassic label was too funny a minut( of their job. You ask a tennis player ents. corel, a software graphics corn- in 1992. Though it has grown to nine ago, now smiles. "Yeah, I guess we'l: to do that, and he'll look at you like party, will sponsor this month's Hil- events from three last year, the tour take that comparison." you just landed from Mars." ton Head, S.C., stop, and wants lacks an umbrella sponsor. Infiniti, The Champions Tour takes its publicity for its brand. "Some play- which was a sponsor last year, chose model from golf. The Senior PGA ers are experienced on this business to put money in the U.S. Open this Tour, which has kept greats such as side. Some need to learn it. But con- year. Ticket sales have been choppy Arnold Palmer and Jack Nicklaus on necting with the sponsors and seeing for the tour, which began in mid- the course, is considered a sports they get what they need out of each March and ends in Los Angeles next marketing coup. It has grown from event is key to this tour," Benton month. The ColumbUS stop is sold out two tournaments in 1980 to 43 this says. for the weekend matches. But stop year, now offering more than $21 "These are the players I grew up No. 2 in Las Vegas was a disappoint- million in prize money. Golf fans ~ with, the players I can relate to," merit. The May event failed to draw especially in the age group that loves says John Janzyk, attending the New full stadiums, even for the finals. Palmer and Nicklaus -- are a desir- Albany Country Club players recep- able consumer market and the Se- tion. "I'd mttter be out here with Con- nlor PGA has attracted the likes of. nors schmoozing than watching Bdt- Tennis Plen's over-35 te is thrives on the Nuveen Tour T hey call it the game fora lifetime, by Steve FLINK but in the professional arena tennis is ruled almost exclusively by the namcnts in followed ments can gross between $650,000 and young. Among the men, thc leading play- by five the in thc $8.50,000 with over half of the revenue ers peak predominarelv in coming from corporate sponsors like the senior tennis firm Coopers & Lybrand and the title sponsor of last week's Country Club in a multi- iTlatter ~We hae a veT, veT, good product and there are very few people that would come out to our to the cocktail parties with us and take with Clerc, McEnroe, Borg, clinics that would not enjoy themselves;' during a semifinal loss in Los Angeles at McEnroe lost his was in the midst of against thc ~ infu- riated with the lofty standards he always demands penalty, nsulted Gomez, and he will fill s the obvi- fan who told ous favorite. It may have been a hindrance to the tour but it was a credit to Jimmy's competitive integrity. He would no more ne~ to aste- down and gen- like a ~eed of a roe and . It's lit- ' he's been Christopher ; of our Brave of head- the Nuveen g, ref-shoving, athletes." value I am not complaining because we but we arc not "I don't think this have done quite well but it has litenllv been aboutstaging. We be a recurring · : for are about real, thing," Benton told sports com- me recently. "John the rewards of the arduous pe~on.~ was embarrassed. But e surely been substantial. Con- Undoubt- I canvassed our major edly, sponsors and asked investanent firm, they have signed a three- case. But P~? them point blank if leal to be the circuit's main sponsor, degree of inten- they would rather no less than $1.5 million into the sity surrounding the end of the 1997-98 th~ competition can still reach surp~y than ]ohn didn't come back the following his tourna- high levels, as evidenced by MeEnroe's year and they all said no, that they did ~t 18 TW August 15, him back. That didn't surprise mc because FLINK continued from page 19 there. We need to prove the test of time naments competing against each other. even when the sponsors' guests were dis- be from the ATP Tour to the Champions which I am certain we are going to do. But Somebody equated it to the old days when gusted with what they saw, they were also circuit. "Some guys didn't realize how hard one thing that gets lost in this whole thing WCT started out early in Open tennis and thrilled. And John apologized to the crowd it is to come out and start to play well on our is that we won't be three years old until the everyb, ody was competing against each the next day during his doubles match. He tour. They have to switch gears. Some may end of August." other for tournaments. But right now I am was frustrated because he is pushing himself have felt they could come out and cruise. Benton reflects on the state of senior impressed that Ray Benton has been able to hard to get to the top of his game." Well, nobody can come out and cruise, tennis and comments, "In a way I think we shake the marketplace with senior sponsor- Lee S. Pinkard, national director of Noah couldn't believe that a guy like John have spawned an industry. There is a lot more ship in a way we haven't been able to." marketing and communications for Coop- Lloyd could come out and beat him on clay 35-and-over activity. Advantage is doing ers & Lybrand, witnessed the Los Angeles of all places, but John is playing great ten- some events now. IMG is talking about /~ sked if there is a possibility that the incident with McEnroe and admitted, "It nis, maybe better than ever. So I think guys doing some events as is ProServ. We haven't ~.~ Champions Tour and the ATP was upsetting to me and I didn't think it have to realize that even if they are superstars gotten to the point where we are competing -~. ,~.Senior Tour could be linked some was necessary. I don't condone what John that they better be prepared to play." for players. Maybe someday we will but if time in the future, McManus responds, "I did, but it was clear to me that his compet- Kriek makes a cogent point. Everyone that happens it will mean the whole thing has would hope that some day it would eventu- itive fires were burning in that match. And is prepared and taking the endeavor very been a gigantic success. That would be what ally come under one umbrella. The good when he apologized on court the next day, seriously. And it appears as if the fans have I call a first class problem.' news is that tennis has grown so much along that was a milestone for him, a turning accepted that it won't always be the biggest Lloyd, however, is concerned about with other senior sports but the bad news is point. There is no question that this is a names who succeed because they are still possible fragmentation. He believes the that it isn't all under the ATP umbrella. But country club crowd and they are a little less showing up under any circumstances. As long range success of the Champions Tour that isn't to say that all tennis should be." tolerant, not the same as the U.& Open Benton points out, "In the semifinals of the will depend to a large extent on the loyalty Meanwhile, Benton believes some sig- crowd. But I think this was an isolated inci- Nuveen Masters this year--that is our and intelligence of the participants. "If nificant changes must be made in the struc- dent and John is learning this is a different finals--the four players were Ktiek, Clerc, exhibition tours for senior players don't tttrc of his circuit. "In order for this to work audience he is playing for." Gomez and Lloyd. We had 3,S00 seats and start turning up all over the place which over the long haul," he contends, "it needs John Lotka is vice president of adver- there wasn't one no-show. It was absolutely would result in the product getting watered input from local people and not just from tising for Nuveen and he is delighted with packed. We had a full house for the down all over the world, I think we can us. We do this in a unique way. We went the association his company has with the Gomez-Lloyd final in Washington this year. establish ourselves as a big, big circuit out and became the entrepreneur on every tennis players. Before making a direct What Jimmy does is draw the crowds but which everyone including Becker and single event and took the risk and the bur- assessment of the McEnroe moment in when they come out to see him it also gives Edberg and s.o on down the line will want den of raising the money. Ultimately, that is California, he said, "We at Nuveen happen them a chance to see a lot of other tremen- to play. If the players arc smart about this-- too big a burden for any one organization. to think that based on our experience that dous talents." and I think they will be--they will realize It takes leadership from community lead- these players represent a side of profes- John Lloyd concurs. Currently ranked if they want to be in the game for a long ers in each city." third in the Nuveen point standings behind time it will be important to them to play Nevertheless, thc battle has apparently Gomez and Connors, the genial English- the established circuit and not splinter it already begun. As Benton says, "All of our man wishes the media would examine the by taking quick paydays." foreign tournaments are owned now by tour from up close rather than judging Lloyd points out that he is not refer- promoters overseas and our Houston event about'professional athletes who behave from a distance in many instances. As he ring to thc ATP Senior Tour but strictly to this year is owned by a local promoter. We badly offthc field or offthe court. And we says, "It just hasn't clicked yet in a lot of thc exhibition events. The fellow who runs provide services for them and a national think that while many of these tennis play- places. Some reporters arc starting to give that tour is former American top ten player sponsorship but they are basically the risk ers had their share of antics off thc court, us more respect. When they come out to Jim McManus. How does he perceive thc takers. We will have at least one more event the way they currently represent them- the tournaments they see that we put on a Champions Tour and how does he view thc on that basis next year in the States and selves is very important to us because it damned good show. We have a very, very, marketplace? "In some respects there is no eventually I think we will end up owning rcflccts on Nuveen." good product and there arc very few peo- definition to senior tennis." he comments, only five or six tournaments. At any rate, I pie that would come out to our matches, "We are all striving to have our own &fin- sec us having a circiut of 20-24 top tier I n light of that philosophical statement, go to thc cocktail parties with us and take ition. They arc doing one thing that fits events in two years, with another 10-12 how did he feel about what happened part in our clinics that would not enjoy Jimmy and we are doing another thing that second tier tournaments with roughly 40 with McEnroc? "He is one of the most themselves. And thc reason why I believe fits 16 other guys of all ages. They have percent in the U.S., 30 percent in Europe competitive athletes that has ever played any we are enjoyable to watch is our variety of been successful in selling Jimmy and we and 30 percent in thc rest of the world." game and he is never one to hide his frus- shot has been retained." have had success with a lot of the tourna- In any case, when you add up all of trafions...John has made a commitment to continuing to play on the tour and with that ~ o be sure, these fellows offer an ments we have run." the elements and put thc three years of the Champions Tour into perspective, the comes an evolving understanding of what [ enormously appealing brand often- IT~ he mild-mannered McManus enterprise is working out exceedingly well. that commitment means. I can't change ~ nis to the public, featuring longer [ explains that the ATP Senior Tour, The future appears bright. As Lloyd pro- John McEnroe but in many respects he has rallies and sound strategic thinking. And ~ which began four years ago, started jccts, "We have to convince the tennis been very good for the tour because he has they are in excellent condition. You look with 11 events on their schedule for this industry and the press that we are going helped to round out a cadre of celebrity at Connors and Vilas as they approach the year but two tournaments lost sponsors and to be around a long time. A lot of people names that are playing. There is this issue age of 44, Borg at 40, Gomez at 36 and were cancelled this season. Is he worried have written that once Jimmy stops it is of whether or not we want to put up with McEnroe at 37. They are in remarkable about a growing battle for playcrs in the thc end of the tour, but I don't believe John's outbursts and that remains to be shape and their Champions Tour is seen senior game. "There is a danger," he that for a second. Jimmy was the most seen. But I can tell you that from our stand- regularly on Prime Network. But as it answers. "We have tried to stay out of each important person and the superstar we point as a sponsor he has been excellent and stands now only Pebble Beach is seen on other's way and will continue to do so, but needed to get us started, but now McEn- very cooperative with spending time with network television, and Benton knows that we forewarned our tournament directors roe and Borg and Noah are finding out our customers. Everybody has to give him is not enough, "We need a lot more televi- going in that there is no guarantee on the how much they enjoy it. We have known a chance to see whether there is a change." sion coverage," he asserts. "We need two dates that they have, that they will get cer- each other all of our lives and people pay Be that as it may, Johan Kriek for one or three rather than one event on network, tain players if they go up against Jimmy. If to watch us play in beautiful country believes that McEnroe and Noah and others That has been a real challenge. And the we are very successful it means we will have clubs. We are 40 years old and people are have learned how tough the transition can ticker tape at thc bottom of CNN Headline more tournaments and if Jimmy is more loving it. We meet great people. What continued on page 32 News, we need to be a regular performer successful it means we will have more tour- more could we ask for?" TW MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY M~2XlAGER~ SUBJECT: AGENDA ITEM # ~'~ '- REGULAR MEETING OF MARCH 18, 1997 FINAL PLAT APPROVAL/WATER'S EDGE AT DELRAY BEACH DATE: MARCH 13, 1997 This is before the Commission to approve the final plat for Water's Edge at Delray Beach, a proposed 148 unit rental apartment complex to be located south of Lake Ida Road, between Davis Road and Congress Avenue. The Site Plan Review and Appearance Board approved the site plan on December 18, 1996. All applicable permits for the project have been obtained. Recommend approval of the final plat for Water's Edge at Delray Beach. ref:agmemo3 Agenda Item No. ~' AGENDA REOUEST Date: March 11, 1997 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda When: March 18, 1997 Description of item (who, what, where, how much): Approval of final boundary plat for Waters Edge. All applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YES/~RAFT ATTACHED YES/~ Recommendation: Staff recommends approval of the final boundary plat f W 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-Waters Edge ag0311rq.doc MEMORANDUM TO: David T. Harden ~/~ City Manager ., /99? FROM: C. Danvers Beatty, P~ City Engineer SUBJECT: FINAL BOUNDARY PLAT WATERS EDGE DATE: March 11, 1997 Attached is an agenda request for Commission approval of the final Boundary plat for Waters Edge. The subject plat consists of 148 rental apartments and received site plan approval on 12/18/96. Planning and Zoning Board approval of the plat 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 March 18, 1997, Commission meeting for Commission approval. CDB/gm attachment: cc: TAC-WATERS EDGE Paul Dorling, Planning and Zoning file:s/eng/eng/tac/h20edge/finlplat.doc N.~L14'IH LAKE IDA SITE ~ r ,... , O~NS BAKER ROAD PA/.J4 TRAH FA CI U TY I N WATER'S EDCE AT DELRAY BEACH .~,.E~..o.,.,,,,o,, L O C A TI O N M A P -- DIG/TAL BASE MAP SYSTEM -- C.'\ DWO\ DANLOCAT. DWG ii¸ ~o ~ ~ .,, ~ . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~A/I SUBJECT: AGENDA ITEM # Y~ - MEETING OF MARCH 18, 1997 FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM DATE: MARCH 14, 1997 This is before the Commission to approve a funding subsidy for an eligible applicant under the Delray Beach Renaissance Program which focuses on very low, low, and moderate income persons. The Renaissance Program Memorandum of Understanding was approved by the Commission on January 23, 1996. In partnership with the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, the City is committed to providing homeownership opportunities to 80 home buyers through new construction and acquisition/rehabilitation beginning October 1, 1995 through September 30, 1997. The Renaissance Program's partner and first mortgage lender is the Community Financing Consortium, Inc., and the maximum subsidy amount per applicant is $20,000. The applicants are Avilus Pierre and Yoland Tassy for property located at 227 S.E. 1st Avenue, in the amount of $9,581.35. Recommend approval to fund a subsidy for an eligible applicant totaling $9,581.35; $6,650 from HOME (Account No. 118-1923-554- 83.01) through budget transfer from 118-0000-331-04.00, and $2,931.35 from SHIP (Account No. 118-1924-554-83.01). Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: March 12, 1997 Regular Agenda Special Agenda Workshop Agenda XXX Consent Agenda When: March 18, 1997 · Description of item (who, what, where, how much): Authorization and approval to issue subsidy to an eligible applicant under the Delray Beach Renaissance Program totaling $9,581.35. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached.--YES/NO Recommendation: Funds are to awarded from HOME Investment Partnership Program and State Housing Initiatives Partnership Program (SHIP) dollars. HOME total $6~650.00 Account # 118-1923-554-83.01 SHIP total $2,931.35 Account # 118-1924-554-83.01 (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Pending Budget Transfer A~tached~~}~ Funding alternatives: (if applicable) Account No. & Description:l!8_!923_554_83_0! Other Gr~s A~ds-$9]q,425.00 HOME Account Balance: !!8-!924-554-83_0! Oth~ Grants Aids-S133,180.40 SHIP City Manager Review: Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David Harden, City Manager Thru: Lula Butler, Community Improvement Director/f~ From: Michael Simon, Acting Community Development Coordinator.-);~~'~ Date: March 11, 1997 Subject: Delray Beach Renaissance Program Subsidy Recipient ITEM BEFORE THE COMMISSION: City Commission authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program. BACKGROUND: The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, The TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. The Renaissance Program focuses on very low, low and moderate income persons in Delray Beach. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit, are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less $40,000 per unit, are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION: Staff is recommending City Commission approval to fund subsidy for the eligible applicant of the following property: *Lot 10, Block 79, Town of Delray / $9,581.35 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 65.02 NAME Avilus Pierre and Yoland Tassy RPERTY ADDRESS 227 S.E. 1st Avenue, Delray Beach LEGAL DESCRPTION Lot 10, Block 79 Plat Book 1, Page 3 % OF AREA MEDIAN HOUSEHOLD INCOME 64 # IN HOUSEHOLD 5 COST OF HOUSE $77,767.00 COST OF LOT $10,500 CLOSING COSTS $4,401.35 TOTAL TRANSACTION $92,668.35 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 75,000.00 CFC Bank RATE 7.875% LTV 86.51% SECOND MORTGAGE $ 6,650.00 City of Delray, HOME $ 2,931.35 City of Delray, SHIP $. CRA of Delray $. Housing Authority THIRD MORTGAGE $ 4,000 Federal Home Loan Bank GRANT $. HTF "A" CITY PERMIT FEES WAVIED $ 1,118 APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $2164.00 TOTAL TRANSACTION $92.668.35 [IT¥ DF DELRII't BERgH CITY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816 POLICE LEGAL ADVISOR Ali.America City TO David Harden, City Manager 1993 FROM: Eric Hightower, Police Legal Advisor DATE: March 7, 1997 SUBJECT: Municipality-Based Community Service Program I have attached for consideration and approval by the City Commission two (2) original agreements regarding the above-referenced program. This program is similar to the Community Service Program that the City signed onto in 1994 but this program is being administered by Judge Cory Ciklin of the County Court Division. As with the other program, this program will have convicted defendants performing community service work as a part of their sentence. Liability will not increase for the City as the agreement sets out the protections granted to the City by F.S. 768.28. If you find this agreement acceptable, please expedite passage of this agreement as soon as possible. The program is slated to begin very soon and Judge Ciklin is asking that the agreement be executed and sent to him prior to our participation in the program. When the agreements are executed, please forward one (1) original to me so that I may send that original to Judge Cilkin for his records. Please feel free to contact me if I can be of further assistance in this matter. EDH:Ibg /'~ ~--~ Attachment Pr~nted on Rec?c/od Papez 15th Judicial Circuit Municipality Based Community Service Program Public Agency Agreement THIS AGREEMENT, dated this day of 1997, has been read and understood as evidenced by the execution hereof by an individual authorized to so sign on behalf of CITY OF DELRAY BEACH, hereinafter "AGENCY." WHEREAS, from time to time the Courts of the 15th Judicial Circuit direct defendants to perform a certain number of hours of community service; and WHEREAS, community service is performed by said defendants at various public agencies who meet established criteria; and WHEREAS, the services are performed at no cost to the public agencies. WITN ESSETH: For and in consideration of the referral of defendants to perform services for the AGENCY and for other good and valuable consideration designated below, the receipt of which is hereby acknowledged, AGENCY agrees that: 1. The Courts of the 15th Judicial Circuit may direct defendants to perform community services for AGENCY at no cost to AGENCY. 2. AGENCY agrees to monitor and oversee the work performed by any defendant sent by the Municipality Based Community Service Program and to accurately report, in a form approved by the Municipality Based Community Service Program, the number of hours each defendant works. 3. AGENCY understands and agrees that the Municipality Based Community Service Program, the Courts of the 15th Judicial Circuit, Palm Beach County and its Board of County Commissioners, and each of their agents, employees, and elected officials, are not responsible for the detail, manner, and/or method of any defendants' performance of services. 4. The AGENCY, Courts of the 15th Judicial Circuit, Municipality Based Community Service Program, and County, to the extent permitted by law, shall be responsible for its own negligence or willful misconduct or the negligence or willful misconduct of its agents, employees and officials. Nothing contained herein shall be deemed a waiver of sovereign immunity or the liability limits set forth in Florida Statutes Section 768.28. 5. The AGENCY may terminate this agreement upon thirty (30) days written notice and may reject any referral prior to or during the assigned community service if the AGENCY determines it is in its best interest. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the proper officers and officials. Attest: By: City Clerk Mayor Jay Alperin Approved as to form and Legal Sufficiency~. City Att~ney - Delray Beach Publ~ag AgtJ^greernent L.AO 3~7 Page 2 LAO lr29 97 PUBLICAG/Agreement MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ ~- REGULAR MEETING OF MARCH 18, 1997 GRANT APPLICATIONS TO THE STATE OFFICE OF EMERGENCY MEDICAL SERVICES DATE: MARCH 14, 1997 Staff is requesting authorization to submit three grant applications to the State Office of Emergency Medical Services for funding support to.purchase medical equipment and accessories for use by the Fire Department. They are 75/25 matching grants. The first grant application is for the purchase of ten 12-lead EKG Monitor/Defibrillators with cardiac pacing and accessories. The total cost of this equipment is $186,640. The City's share would be $46,660. The second grant will be used for the purchase of six headset systems for rescue trucks. Cost of this equipment is $20,400, with the City's share at $5,100. Both will be funded from the FY 1997/98 budget out of Account #001-2315-526-64.90 (Fire Operations - Other Machinery/Equipment). The third grant application is for funding to purchase six sets of equipment for the Community Emergency Response Team (CERT) classes for 60 citizens. The total cost is $12,000, with the City's share at $3,000. This will be funded from the FY 1997/98 budget out of Account #001-2316-522-52.20 (Emergency Management - General Operating Supplies). I recommend that staff be authorized to submit the grant applications. The matching requirements for any grants we are awarded would need to be funded in next year's budget. ref:agmemo5 [lTV OF DELAI:IY IIEI:II:H FIRE DEPARTMENT SERWNG DE~_R^¥ BE^CH · GULFS-mE^M · H,GH~,ND BE^CH ~ELR^¥ BE^CH Ail. America City ®MEMORANDUM 1993 TO: DAVID HARDEN, CITY MANAGER FROM: ROBERT B. REHR, FIRE CHIEF DATE: MARCH 7, 1997 SUBJECT: REQUEST CITY COMMISSION APPROVAL TO SUBMIT GRANT APPLICATION TO THE STATE OFFICE OF EMERGENCY MEDICAL SERVICES We have completed three (3) grant applications for the Fire Department. These grants are a 75/25 matching grant, with the State providing 75%, and the City providing 25% of the funding. The grants for this grant cycle are expected to be awarded in the early part of June, and the equipment must be purchased within 1 year from the date of award. The grants are listed below: 1) Ten (10) - Interpretive 12 Lead EKG Monitors with Cardiac Pacing and accessories. Total cost $186,640.00 State's share $139,980.00 City's share $ 46,660.00 Budget Account # 001-2315-526-64-90 2) Six (6) sets ~ Communication Headsets and accessories with intercom system for Rescue Trucks. Total cost $20,400.00 State's share $15,300.00 City's share $ 5,100.00 Budget Account # 001-2315-526-64-90 FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561~ 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Pnnte~t on Recycled Paper Grants March 7, 1997 Page 2 3) Six (6) sets - Equipment for "Community Emergency Response Team" (CERT) classes for sixty (60) citizens. Total cost $12,000.00 State's share $ 9,000.00 City's share $ 3,000.00 Budget Account # 001-2316-522-52-20 The purchase and use of this equipment has the approval and endorsement of our Medical Director, Dr. Randall Wolff. Attached you will find copies of the grant applications. We request these items be placed on the agenda for consideration by the City Commission at their meeting on March 18, 1997. If you have any further questions, please contact me. Fire Chief Attachments (3) CITY OF DELRI:I¥ BEI:I£H FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH Ali.America City M E M 0 R A N D U M 7993 TO: DAVID T. HARDEN, CITY MANAGER FROM: ROBERT B. REHR, FIRE CHIEF DATE: MARCH 10, 1997 SUBJECT: JUSTIFICATION FOR 12 LEAD ELECTRO- CARDIOGRAPHY LIFE PAK 11 The Fire Department is requesting the opportunity to enhance our ability to continue to provide quality emergency medical services to our citizens by upgrading to the Physio Control Life Pak 11. The new technology the Life Pak 11 offers is a 12 lead ECG that allows the paramedic and emergency department personnel to diagnose an Acute Myocardial Infarction (AMI) or heart attack in its earliest stages. This technology is now the 'standard of care' for patients suffering from a cardiac crisis in the pre-hospital setting. With the now-common use of a class of drugs known as 'thrombolytics' that can dissolve a blood clot lodged in a coronary artery and other technologies such as angioplasty, it is now possible to stop the AMI in progress. If the patient is treated early enough, blood flow to the heart can be restored before any permanent damage to the heart muscle occurs. The key is early and accurate recognition of the AMI using 12 lead electrocardiography in the pre-hospital field of patient care. Our present Physio Control equipment, the LP-10's are nearing the end of their ten year service life. The members of the EMS Standards Committee, along with Dr. Randall Wolffe, our Medical Director, are recommending that the department make every effort possible to replace the current LP-10's with the Physio Control Life Pak 11 (LP- 11). The LP-11 is a state of the art, diagnostic quality 12 lead ECG device, which incorporates a monitor/defibrillator/transthoracic pacemaker. It produces very high quality 12 lead ECG's using a three channel format. The machine records three leads at a time, storing 2.5 seconds of data for each lead, thus requiring only approximately ten seconds to obtain a full 12 lead ECG. FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 ° SUNCOM 928-7400 · FAX (561) 243-7461 PnnteO on Recyc/ed Paper Page - 2 - Memorandum March 10, 1997 Life Pak 11 The department has been using the Physio Control brand monitor/defibrillators since 1978. Their quality, performance and durability are unsurpassed when compared to other brands available. It is our opinion that the LP-11 represents the 'state of the arts' and is the device of choice for pre-hospital electrocardiography. As such, the City should consider it a necessity to replace our present LP-10 unit with the newer LP-11 units. This is an addendum to the grant request. If you have any questions please call me. Fire Chief Agenda Item No..- ~3/ AGENDA P-EQ~EST Date: March 7. 19q7 Request to be placed on: x Regular Agenda (Consent) Special Agenda Workshop Agenda When: March 18~ 1997. Description of item (who, what, where, how much): Seek City Commission approval to submit a grant applicatiou to the State Office of Emergency Medical Services for funding support to purchase six (6) sets of equipment for the "Community Emergency Response Team" (CERT) classes for sixty (60) citizens. This is a 75/25 match.inS grant. The total cost of this equipment is }12~000. The City's share would be $~000 which will be taken out of account ~001-2316-522-52-20. (Example: ..Request from Atlantic High School for $2,000 to fund project graduation). ORDIHANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval to submit ~an4 fund (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: City Attorney Review/ Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): %~ Funding available:~~/NO - Account Account Balance: No. & Descripti6n: City Manager Review: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved EMS Matching Grant. Application 75/25 Percent Form Office of Emergency Medical Services Florida Department of Health and Rehabilitative Services ID. Code (Assigned by the State EMS O~ce): M 1. Organization: Delray Beach Fire Department Grant Signer Name: Robert B. Rehr Titlel Fire Chief Mailing Address: 501 w, Atlantic Avenue County: Palm Beach City; Delray Beach State: Florida Zip:' 3__3444 Telephone: (56[) 243-7440 SUNCOM: 928-7400 2. Contac[ Person's Name: Doug Trawick Tilde: Division Chief ~ Mailing Address: 501 W. Atlantic Aven.e City:. Delray Beach State: Florida , Zip: 33444 Telephone: (56[) 243-7440 SUNCOM: 928-7400 3. Legal Status of Agency/Organization (Check only one response). (1) I-I Private Not For-profit ( attach copy of IRS's 501(c)(3) letter or other legal documentation of this status) (2) D Private For-profit(3) I-~ City/Municipality (4) I'-I County (5) I-] State 4. First Responders: If you are a first responder organization, you must attach a copy of youl MOU with a licensed provider. If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you operate cooperatively with providers, or'that you requested but did not receive a response from providers in your area. 5. Your Fiscal Year: Begins [0 / o[ Ends 09 / 30 Month Day Month Day 6. Your Federal Tax ID Number (nine digits): VF 5__ 9 6 0 0 0 3._.0_ ~ 7. Identify the one EMS state plan objective this project primarily will accomplish in whole or paR: 9E(To Be Determined) 8. Research Projects Only:. If this is not a research project skip this item and proceed to the next item. If this is a research project, attach at the end of the application concise statements of the hypothesis, design, method, instruments, methods to protect human subjects, and limitations of the study. Also attach research inStruments, forms, and a bibliography of other relevant studies. HRS Form 1767, October 96 39 EXECUTIVE SUMMARY Organization name: Delray Beach Fire Department Total amount of State funds requested: $ 9,000 The Delray Beach Fire Department and the communities we service currently have n_.Qo system to provide assistance in the absence of Fire Department response in the event of a disaster. The "Community Emergency Response Team" (C.E.R.T.) program will train approximately 60 citizens in basic emergency functions as outlined by the Federal Emergency Management Agency (F.E.M.A.). These citizens, with the equipment provided by this grant, will assess and treat large numbers of affected people in the City of Delray Beach and its contracted areas of the Towns of Gulf Stream and Highland Beach. This will enhance EMS by greatly assisting and providing basic emergency functions in the realistic delay that would exist in the event of a natural or man-made disaster. The list of necessary equipment was provided by the Federal Emergency Management Agency (F.E.M.A.) "Community Emergency Response Team" (C.E.R.T.) Train-the-Trainer program. ~.. Major Work Activities and Time Frames: Number of Months After ~cti__vity Grant Starts -Order Equipment Through Existing BID's with Purchasing Department 1 week -Receive all ordered items 1 month -Commence Community Emergency' Response Team · (C. E. R. T. ) Training and Dispense Equipment 2 months - Total Time Frame 3 months & 1 week Note: (1.) You must follow your schedule if grant is awarded. (2) You must justify in this application your time frame if your project will exceed 12 months. 10. Background: (1) describe your organization, its activities and responsibilities, and (2) how it relates to other EMS organizations in your area. Also provide, (3) date you first began operation; (4) your annual budget; (5) the number of your full and part time employees; and (6) your quantity of vehicles and I or other major resources. The Delray Beach Fire Department responds to all calls for assistance within the City limits of Delray Beach and contracted areas of the Town of Gulf Stream and Town of Highland Beach. These include fire suppression, special operations, fire prevention and safety, injury prevention, disaster response and emergency medical services including transportation. The Delray Beach Fire Department is a municipal agency located within Palm Beach County, we are one of several Emergency Medical Service (EMS) providers and participate in a county wide mutual aid program working in concert with the other agencies in a county-wide protocol. We began our EMS service in the 1950's providing basic first aid, evolving into the paramedic level service in 1979. Currently we provide first response medical assessment and treatment at the advanced life support level and transportation to local hospitals or trauma center. Our annual budget is $9,281,109.00. We have 138 full time employees. We operate six (6) paramedic equipped rescue vehicles with two (2) in reserve for back-up and scheduled maintenance with cellular phone/fax capabilities. Our remaining fleet consists of six (6) Engines, three (3) Aerial Trucks, one (1) Brush Truck, one (1) Special Events Rescue Vehicle, one (1) Special Operations Truck, one (1)Tanker, two (2) Command vehicles, one (1)Public Education Unit, twelve (12) Staff cars for a total of thirty-five (35) units. Other resources are provided under an existing county-wide mutual aid agreement. 4O 11. Project Description/Justification: Describe and justify your project. Include: (1) the current and projected number of persons who will be served directly by this project, and quantify what adverse condition of theirs the project will impact upon; (2) the involved geographic area; (3) the source(s) from which you obtained your data; and (4) the time frames of your data. The Delray Beach Fire Department and the communities we service currently have n_9_o system to provide assistance in the absence of Fire Department response in the event of a disaster. The "Community Emergency Response Team" (C.E.R.T.) program will train approximately 60 citizens in basic emergency functions as outlined by the Federal Emergency Management Agency (F.E.M.A.). These citizens, with the equipment provided by this grant, will assess and treat large numbers of affected people in the City of Delray Beach and its contracted areas of the Towns of Gulf Stream and Highland Beach. This will enhance EMS by greatly assisting and providing basic emergency functions in the realistic delay that would exist in the event of a natural or man-made disaster. The list of necessary equipment was provided by the Federal Emergency Management Agency (F.E.M.A.) "Community Emergency Response Team" (C.E.R.T.) Train-the-Trainer program. You may attach one additional page, if needed, to complete this item and to tell us in your own words what you are going to do, what you need and why. ~12. State Grant History. Briefly describe your current and previous state EMS matching and county awards for at least the past three years. Explain why this application does not conflict with i or duplicate them. If you have had no previous grants, state this fact. We have not received a matching grant in the past three (3) years. You may attach one additional page, if needed, to complete this item. 13. Provider Coordination. (1) If your service area has a regional EMS advisory council, attach from that council a letter commenting on this project. If there is no council, attach a letter from at least one licensed provider in or adjacent td your service area commenting on this project, or documentation that you requested the comments. (2) Include a letter of support from all other ' agencies that will be directly involved in this project. _ 41 17. ASSURANCES AND APPLICATION SIGNATURE Payment for Grant Project: I, the undersigned, understand and accept that due to state i~.ash flow and project priorities, I may not receive payment from the state for this project until several months after announcement of awards. The work activity time frames will be adjusted based on the date I receive payment, except the ending date of the grant will remain as specified in the Notice Of Grant Award letter. Statement of Cash Commitment: I, the undersigned, certify that my cash match will be ~xpended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this project, as the application on file in the state EMS Office requires. No costs count towards satisfying a matching requirement of a department grant if they are also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved project during the grant period. Acceptance of Terms and Conditions: I, the undersigned, understand and accept the grant terms and conditions in Chapters 1, 2 and 4 of, "Florida EMS Grants Program Handbook October, 1996", by the Department of Health and Rehabilitative Services, and acknowledge this when funds are drawn or otherwise obtained from the grant payment system for this project. Disclaimer:. I, the undersigned, hereby certify that the facts and information contained in this application and any attached and supplemental documents are true and correct to the best' of my knowledge, information, and belief. I further understand and accept that if it is subsequently determined that this is not correct, this grant funded under Chapter 401, Part II, F.S. and Chapter 1OD-66, F.A.C., may be revoked, and any monies erroneously paid plus interest earned, will be refunded to the department with any penalties which may be imposed by law or applicable regulations. .Notification of Awards: I, the undersigned, understand and accept the notice of award will be advertised in the FAW, and that 21 days after this advertisement I waive any right to challenge or protest pursuant to Chapter 120, F.S. .Maintenance of improvement and Expansion: I, the undersigned, understand and accept that my organization will maintain for five years after the project ends any improvement, expansion or other effect brought about in whole or part by grant funds, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plus interest if any, to the department as determined by the department. Si ed Grant Signer Date (Individual Identified in Item 1) 44 Agenc'[a Ttem No.: O Date: March ?~ 1997 Request to be placed on: X Regular Agenda (Consent) Special Agenda Workshop Agenda When: March 18, 1997 Description of item (who, what, where, how much): Seek City Commission approval to submit a grant application to the State Office of Emergency Medical Services for funding support to purchase ten(10) 12 lead EKG Monitor/Defibrillators with Cardiac Pacing and accessories, for use by thc Fire Departmmnt. Thm t~tm] momt of this equipment is $1,86.64fl. Thm City's share would be $4~.660. which will be taken from account {~001-2315-526-64-90. This is a 75/25 ~at~hing _~rant. (Example: ..Request from A~lan~ic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval to submit and fund (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: City Attorney Review/ Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO .... ~ _~,, ~ Funding alternatives:'~, ~'~~7 ~t~ (if appl$c~e) '~)~ l Account No. & Description: ~(-~l%CbZ(a,(~l-flO ~(~ ~}~c ~h/?;?'~lv, ~ Account Balance: ~ City Manager Review: Approved for agenda:Hold Until: ~// NO ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved EMS Matching Grant. Application 75/25 Percent Form Office of Emergency Medical Services Florida Department of Health and Rehabilitative Services ID. Code (Assigned by the State EMS Office): M 1. Organization: Delra¥ Beach Fire Department Grant Signer Name: Robert B. Rehr Title~ Fire Chief Mailin§ Address: 501 w. Atlantic Avenue County: Palm Beach City: pelray Bamch: State: F_E&.ezA6m~Zip:, 33444 Telephone: (561) 243-7440 SUNCOM:, 928-7440 2. Contact Person's Name: Dou8 Trawick Title: Division Chief .. Mailing Addfess: 501 W. Atlantic Avenue City;. De] rmy R,=n,~h State:~ Zip: 33444 Telephone: ( 560 243-7440 SUNCOM: 928-7400 3. Legal Status of Agency/Organization (Check only one response). (1) !-I Private Not For-profit ( attach copy of IRS's 501(c)(3) letter or other legal documentation of this status) (2) I-i Private For-profit (3) [] City/Municipality (4) r-i county (5) I-I state 4. First Responders: If you are a first responder organization, you must attach a copy of your MOu with a licensed provider. If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you operate cooperatively with providers, or',that you requested but did not receive a response from providers in your area. 5. Your Fiscal Year:. Begins t0 / 0t Ends 09 / 3o Month Day Month Day 6. Your Federal Tax lD Number (nine digits): VF 5__.~)..A. 0...0. 0 _3.. 0 8 7. · Identify the one EMS state plan objective this project primarily will accomplish in whole or part: 4(To Be Determined) 8. Research Projects Only:. If this is not a research project skip this item and proceed to the next item. If this is a research project, attach at the end of the application concise statements of the hypothesis, design, method, instruments, methods to protect human subjects, and limitations of the study. Also attach research instruments, forms, and a bibliography of other relevant studies. _ HRS Form 1767, October 96 39 EXECUTIVE SUMMARY Organization name: Delray Beach Fire Department Total amount of State funds requested: $139,980.00 Utilizing nm report review for calendar year 1996, we performed cardiac monitoring via Life Pak 10's on 1,862 patients in the City limits of Delray Beach and the contracted Towns of Gulf Stream and Highland Beach. We currently do not have the interpretive diagnostic capability or the computer enhanced process to record and archive data on 12 lead EKG's. With this grant 100% of our patients will be presented with the technology to have interpretive diagnostic 12 lead EKG's performed as needed and adequately record and archive this data. M~or Work Activities and Time Frames: Number of Months After Activ_____ity Grant Stads -Upon receipt of the grant, Purchasing will commence with BID Process 1 month -BID opening and award order placed 1 week - Delivery of Item 2 months ~Education and in-service of units for all Paramedics and EMT's ½ month -Total Time Frame 3 months 3 weeks Note: (!) You must follow your schedule if grant is awarded. (2) You must. justify in this application your time frame if your project will exceed 12 months. 10. Background: (1) describe your organization, its activities and responsibilities, and (2) how it relates to other EMS organizations in your area. Also provide, (3) date you first began operation; (4) your annual budget; (5) the number of your full and part time employees; and (6) your quantity of vehicles and / or other major resources. The Deiray Beach Fire Department responds to ail calls for assistance within the City limits of Delray Beach and contracted areas of the Town of Gulf Stream and Town of Highland Beach. These include fire suppression, speciai operations, fire prevention and safety, injury prevention, disaster response and emergency medical services including transportation. -The Delray Beach Fire Department is a municipal agency located within Palm Beach County, we are one of several Emergency Medical Service (EMS) providers and participate in a county wide mutual aid program working in concert with the other agencies in a county-wide protocol. We began our EMS service in the 1950's providing basic first aid, evolving into the paramedic level service in 1979. Currently we provide first response medical assessment and treatment at the advanced life support level and transportation to local hospitals or trauma center. Our annual budget is $9,281,109.00. We have 138 full time employees. We operate six (6) paramedic equipped rescue vehicles with two (2) in reserve for back-up and scheduled maintenance with cellular phone/fax capabilities. Our remaining fleet consists of six (6) Engines, three (3) Aerial Trucks, one (1) Brush Truck, one (I) Special Events Rescue Vehicle, one (I) Special Operations Truck, one (l)Tanker, two (2) Command vehicles, one (1)Public Education Unit, twelve (12) St~ff cars for a total of thirty-five (35) units. Other resources are provided under an existing county-wide mutual aid agreement. 4O :11. Project Description/Justification: Describe and justify your project. Include: (1) the current and projected number of persons who will be served directly by this project, and quantify what :adverse condition of theirs the project will impact upon; (2) the involved geographic area; (3) the source(s) from which you obtained your data; and (4) the time frames of your data. Utilizing run report review for calendar year 1996, we performed cardiac monitoring via Life Pak 10's on 1,862 patients in the City limits of Delray Beach and the contracted Towns of Gulf Stream and Highland Beach. We currently do not have the interpretive diagnostic capability or the computer enhanced process to record and archive data on 12 lead EKG' s. With this grant 100% of our patients will be presented with the technology to have interpretive diagnostic 12 lead EKG's performed as needed and adequately record and archive this data. You may attach one additional page, if needed, to complete this item and to tell us in your own words whet you are going to do, what you need and why. 12. State Grant History. Briefly describe your current and previous state EMS matching and county awards for at least the past three years. Explain why this application does not conflict with or duplicate them. If you have had no previous grants, state this fact. We have not received a matching grant in the past three (3) years. You may attach one additional page, if needed, to complete this item. 13. Provider Coordination. (1) If your service area has a regional EMS advisory council, attach from that council a letter commenting on this project. If there is no council, attach a letter from at least one licensed provider in or adjacent to'' your service area commenting on this project, or documentation that you requested the comments. (2) Include a letter of support from all other agencies that will be directly involved in this project. _ 41 '~. Budget. For each type of position include the pay per hour, number of hours, and cost of each benefit. For expenses include unit costs (e.g. if rental give the cost per square foot). For equipment include the cost per item and quantity. Expenditures (Complete items/Quantities and Positions/FTEs Cost this column after award) 10 - 12 Lead EKG Monitors/Defibrillators $18,6~4 ea. w/ Cardiac pacing, including accessories $186,640 Total Grand Total ......................................................... $186,640 75 Percent of Grand Total .(State Payment) ........................................ $139,980 25 Percent of Total -. (Your Payment) ......................................... $ 46,660 $ Note: You may attach additional pages, if needed, to complete this item or t{) jiJstify any budget item or its quantity. 15. Medical Director's Approvals. These are required for all projects which involve professional education, medical equipment, or both. (1) Professional Education. All continuing education described in this application will be developed and conducted with my input and approval, Medical Director:. Signature Date Printed Name: ~ndall L. Wolff Fla. Med. Lic. No.: ~ 0034223 (2) Medical Equipment. I hereby affirm my authority and responsibility for the use of ali medical equipment in this project. Medical Director:. Signature Date Printed Name: Randall L. Wolff Fla. Med. Lic. No.: ~m 0034223 42 RANDALL L. WOLFF, M.D. 628 SE 5Tit STREET #4 DELRAY BEACH, FLORIDA 33483-5249 FEBRUARY 24, 1997 Dear Sir: As the President of the Palm Beach County EMS Medical Directors Association as well as the Medical Director of Delray Beach Fire Rescue, a Cardiac Alert Program exists in Palm Beach Count'. All hospitals that Delray Beach Fire Rescue transports patients to, participates in the Cardiac Alert program. The opportunity to carry twelve lead EKG by Delray Beach Fire Rescue allows the Fire Department to interface with the county-wide Cardiac Alert Program and enhances patient care. Sincerely yours, Randall L. Wolff, M.D. Medical Director Delray Beach Fire Rescue Chief Doug Trawick Delray Beach Fire Department 501 W. Atlantic Avenue Delmy Beach, Florida 33~.~.~, Dear Chief Trawick: The Boca Raton Community Hospital MEDCOM Radio receiver located in our Emergency Department is capable of telemetPj reception. If you require further information please contact me at (561) 393-4128. Yours truly, Connie Gescheidt, RN Director, Emergency Services A TRADITION OF EXCELLENCE WITH THE PERSONAL TOUCH 800 MEADOWS ROAD - BOCA RATON, FLORIDA 33486 - 407-395-7100 A VOLUNTARY NON-PROFIT COMMUNITY HOSPITAL WITH NO TAX SUPPORT ID: FEB 25'97 ~:S~ No.O02 P.02 DELRAY Medical Center Tenet South Florida HoolthSystorn 5352 Union Blvd. Dolray Ber~ch, FI 33484 Tel 561,49§,4440 Doug Trawiok EMS Supervisor Delray Beaoh Fire Rescue February 25, 1997 To Whom it may oonc~at, The Dolray Medical Centex has the ability to rocdve from field paramedic units EKG information via telemetry equipment ingodled in the Emergenoy Depmment ofthe hospital. This allow~ us to participate in the county-wide'"cardiac aloft# program in Palm Beach County. Marianne N~ols, RN Director Emergency/Trauma Services Dolray Medical Center mmtENeL 03/06/1997 14:59 4512 ~ EMERGENCY ROOM PA~E 02 Bethesda Memorial Hospital March 6, 1997 To Whom It May Concern: The Bethesda Memodal Hospital Emergency Department has the ability to receive 12 lead EKG via fax transmission from the Delmy Beach Fire Department. Sincerely, Jeri Saltalamacchia Director, Emergency Services ~omrnon~ rresp~r~ekgl~' 2815 South Seacrest Boulevard.- Boynton Beach, Florida 33435 * (561) 737-7733 CARDIAC ALERT "12 -LEAD EKG" 1. Obtain a 12 lead EKG on all patients who meet the established criteria: - Chest Pain ~ Dysrhythmia (Heart Rate > 150 or < 50; Frequent PVC's; Other Abnormal Rhythms) - Epigastric Pain (Unless associated with G.I. Bleeding) - Thoracic Back Pain without Trauma - Diaphoresis ( Unless explained by Fever) - Shortness of Breath - Congestive Heart Failure/Pulmonary Edema - Abnormal Appearing Lead II EKG Rhythm Strips NOTE: Obtaining the EKG shall not delay transport or treatment 2. If the patient has chest pain and or symptoms of an MI and ST segment elevation of greater than one millimeter in two or more related limb leads (II, III, AVF) or precordial leads, then the patient meets the criteria for CARDIAC ALERT. If signs of acute infarction are not noted, refer to chest pain protocols. 3. Expedite transport while not compromising patient care. Encode the receiving hospital and advise that this is a "Cardiac Alert" and the estimated time of arrival. Describe the leads with elevation. 4. Follow the chest pain and other protocols as appropriate. : 5. If time permits, complete the 12 Lead Cardiac Assessment Form (see Appendix T). NOTE: AVOID UNSUCCESSFUL IV ATYEMPTS 6. ADMINISTER: Two (2) 80mg. Chewable aspirins if not allergic and no history of ulcers. 7. Repeat 12 Lead EKG if time allows. 8. Deliver one copy of the 12 Lead Cardiac Assessment Form (see Appendix T) and 12 lead EKG to the receiving hospital medical staff and retain a copy of each to attach to the department's record. * Note: Copy of page from the Delray Beach Fire Department Advanced Cardiac Life Support Protocols 16. Govemmental Agency and Non-profit Entity Only Request for Matching Grant Distribution (Advance Payment) Emergency Medical Services (EMS) In accordance with the provisions of paragraph 401.113(2)(b), Florida Statutes, the undersigne( hereby requests an EMS matching grant distribution (advance payment) for the improvement and expansion of prehospital EMS. Payment To:. city of Delray Beach. Fire Department Name of Agency or Organization 501 W. Atlantic Ave~ Address Delray Beach Florida ,3~4~ State Authorized Official: C~~,,~f___~ f~~ .~,//D~ate~:~~; Signature Robert B. Rehr ~re Ch~e~ Printed Name Title Sign and return this page with your application and copies to: EMS/Watching Grants/Office of Emergency Medical Services (HSEM) Department of Health and Rehabilitative Services 2002 Old St. Augustine Road, Bldg. 'D~ Ta//ahassee, Florida 3230 f -4881 Below this line is for use only by the Department of Health and Rehabilitative Services, Office of Emergency Medical Services Matching Grant Amount For State To Pay: $. Grant ID. Code: M Approved BY: Signature & Title of State EMS Grant Officer Date · HRS Fiscal Year:. FY - Organization Code E.O. Obiect Code 60-20-60-30-100 HS 7 Federal Tax ID: VF Grant Begins: ~/ /__ Ends: /~/ Month Day Year Month Day Year 43 ASSURANCES AND APPLICATION SIGNATURE Payment for Grant Project: I, the undersigned, understand and accept that due to state ~sh flow and project priorities, I may not receive payment from the state for this project until several months after announcement of awards. The work activity time frames will be adjusted based on the date I receive payment, except the ending date of the grant will remain as specified in the Notice Of Grant Award letter. Statement of Cash Commitment: I, the undersigned, certify that my cash match will be ~xpended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this project, as the application .on file in the state EMS Office requires. No costs count towards satisfying a matching requirement of a department grant if they are also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved project during the grant period. Acceptance of Terms and Conditions: I, the undersigned, understand and accept the grant terms and conditions in Chapters 1, 2 and 4 of, "Florida EMS Grants Program Handbook October, 1996", by the Department of Health and Rehabilitative Services, and acknowledge this when funds are drawn or otherwise obtained from the grant payment system for this project. Disclaimer:. I, the undersigned, hereby certify that the facts and information contained in this application and any attached and supplemental documents are true and correct to the best of my knowledge, information, and belief. I further understand and accept that if it is subsequently determined that this is not correct, this grant funded under Chapter 401, Part II, F.S. and Chapter 1OD-66, F.A.C., may be rev.oked, and any monies erroneously paid plus interest earned, will be refunded to the department with any penalties which may be imposed by law or applicable regulations. Notification of Awards: I, the undersigned, understand and accept the notice of award will be advertised in the FAW, and that 21 days after this advertisement I waive any right to challenge or protest pursuant to Chapter 120, F.S. Maintenance of Improvement and Expansion: I, the undersigned, understand and accept that my organization will maintain for five years after the project ends any improvement, expansion or other effect brought about in whole or part by grant funds, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plu~~artment as determined by the department. Sigfi~t'~re of'Authorized Grant Signer '-'/' - - baiZE (Individual Identified in Item 1) 44 Agenda Item No.: ~.~ AGENDA REQUEST Date: March 7, 1997 Request to be place~ on: x Regular Agenda (Consent) Special Agenda Workshop Agenda When: March 18, 1997 Description of item (who, what, where, how much): Seek City Commission ~pproval to submit a ~rant application to the State 0f~ice of Emer_~nny M~d~aal Services for funHin_~ support tO purchase s~x (&5 heaHset system.~ f~r pp~r,,~ Trucks. to be used by the Fire Department. This is a 75/25 matching gran$, The total go.~t of thi.~ mquipment i.~ ~20t400. The City's share would be $5,100 which will be taken out of account ~ 001-2315-526-64-90. ( Example: .. Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval to submit and fund (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: City Attorney Review/ Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ ~ ~ Funding alternatives: ' Account No. & Description:' -~ Account Balance: City Manager Review: Appr°ved f°r agenda: ~E~i/NOHOld Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved EMS Matching Grant. Application 75/25 Percent Form Office of Emergency Medical Services Florida Department of Health and Rehabilitative Services ID. Code (Assigned by the State EMS Office): M 1. Organization: Delray Beach Fire Department Grant Signer Name: Robert B. Rehr Title: Fire Chief Mailing Address: 5ol W. Atlantic Avenue County: Palm Beach City: Delray Beach_. State: ~_Ej~Lcha~ Zip:,' 33444 Telephone: (561) 243-7440 SUNCOM: 928-7440 2. Contact Person's Name: ])ous 'rraw±c~. Title: Division Ch'lef .. Mailing Address: 501 W. Atlantic Aven~ City:. De]~.v R~rh State:~Zip: 33444 Telephone: (56t) 243-7440 SUNCOM: 928-7400 3. Legal Status of Agency/Organization (Check only one response). (1) I-I Private Not For-profit ( attach copy of IRS's 501(c)(3) letter or other legal documentation of this status) (2) I-I Private For-profit (3) I'g City/Municipality (4) I-I County (5) I-I State 4. First Responders: If you,are a first responder organization, you must attach a copy of M0U with a licensed prOvider. If you do not have a MOU, attach documentation that .you made reasonable efforts to get one, that you operate cooperatively with providers, or'that you requested but did not receive a response from providers in your area. 5. -Your Fiscal Year:. Begins lo / ol Ends 09 / 3o Month Day Month Day 6. Your Federal Tax lD Number (nine digits): VF.2.. ~)._~. O L 00 .3_._0_.21. 7.. Identify the one EMS state plan objective this project primarily will accomplish in ~hole or parc, 4(To Be Determined) 8. Research Projects Only:. if this is not a research project skip this item and proceed to the next item. If this is a research project, attach at the end of the application concise statements of the hypothesis, design, method, instruments, methods to protect human subjects, and limitations the study. Also attach research instruments, forms, and a bibliography of other relevant studies. HRS Form 1767, October 96 39 EXECUTIVE SUMMARY Organization name: Delray Beach Fire Department Total amount of State funds requested: $15,300 Utilizing mn report review for calendar year 1996, we transported 3,923 patients in the City of Delray Beach and the contracted areas of the Towns of Gulf Stream and Highland Beach. Utilizing review of Departmental hearing tests for calendar year 1996, 89 out of 138 employees have documented hearing loss. Currently the Department uses conventional microphones with the mobile radios without an intercom system for radio communications during transport which interrupts patients care. The Department will install communications headsets in the Rescue trucks thus allowing our Paramedics hands-free communication via their mobile radios and on-board intercom system. This equipment enhances the delivery of emergency medical care by reducing outside noise interferences while improving hearing protection in 90% to 95% of the Paramedic transports and allows for uninterrupted patient care. )'7'- Major Work Activities and Time Frames: Number of Months After ~c.~tivity Grant Starts -Upon receipt of grant BID Process will commence 1 month -BID opening and award order placed 1 week -Delivery of Items 2 months -In-service education for all EMT's and Paramedics ½ month -Total Time Frame 3 months & 3 weeks Note:, (!) You must follow your schedule if grant is awarded. (2) You must justify in this application your time frame if four project will exceed 12 months. 10. Background: (1) describe your organization, its activities and responsibilities, and (2) how it relates to other EMS organizations in your area. Also provide, (3) date you first began operation; (4) your annual budget; (5) the number of your full and part time employees; and (6) your quantity of vehicles and / or other major resources. The Delray Beach Fire Department responds to ail calls for assistance within the City limits of Delray Beach and contracted areas of the Town of Gulf Stream and Town of Highland Beach. These include fire suppression, speciai operations, fire prevention and safety, injury prevention, disaster response and emergency medical services including transportation. The Delray Beach Fire Department is a municipai agency located within Paim Beach County, we are one of several Emergency Medical Service (FA/IS) providers and participate in a county wide mutual aid program working in concert with the other agencies in a county-wide protocol. We began our EMS service in the 1950's providing basic first aid, evolving into the paramedic level service in 1979. Currently we provide first response medical assessment and treatment at the advanced life support level and transportation to local hospitals or trauma center. Our annual budget is $9,281,109.00. We have 138 full time employees. We operate six (6) paramedic equipped rescue vehicles with two (2) in reserve for back-up and scheduled maintenance with cellular phone/fax capabilities. Our remaining fie. et consists of six (6) Engines, three (3) Aerial Trucks, one (1) Brush Truck, one (1) Special Events Rescue Vehicle, one (I) Special Operations Truck, one (1)Tanker, two (2) Command vehicles, one (l)Public Education Unit, twelve (12) Staff cars for a total of thirty-five (35) units. Other resources are provided under an existing county-wide mutual aid agreement. 4O 11. Project Description/Justification: Describe and justify your project. Include: (1) the current and projected number of persons who will be served directly by this project, and quantify what adverse condition of theirs the project will impact upon; (2) the involved geographic area; (3) the source(s) from which you obtained your data; and (4) the time frames of your data. Utilizing run report review for calendar year 1996, we transported 3,923 patients in the City of Delray Beach and the contracted areas of the Towns of Gulf Stream and Highland Beach. Utilizing review of Departmental hearing tests for calendar year 1996, 89 out of 138 employees have documented hearing loss. Currently the Department uses conventional microphones with the mobile radios without an intercom system for radio communications during transport which interrupts patients care. The Department will install communications headsets in the Rescue tracks thus allowing our Paramedics hands-free communication via their mobile radios and on-board intercom system. This equipment enhances the delivery of emergency medical care by reducing outside noise interferences while improving heating protection in 90% to 95% of the Paramedic transports and allows for uninterrupted patient care. You may attach one additional page, if needed, to complete this item and to tell us in your own words what you ar~ going to do, what you need and why. 12. State Grant History. Briefly describe your current and previous state EMS matching and county awards for at least the past three years. Explain why this application does not conflict with or duplicate them. If you have had no previous grants, state this fact. We have not received a matching grant in the past three (3) years. You may attach one additional page, if needed, to complete this item. 13. Provider Coordination. (1) If your service area has a regional EMS advisory council, attach from that council a letter commenting on this project. If there is no council, attach a letter from at least one licensed provider in or adjacent to'' your service area commenting on this project, or documentation that you requested the comments. (2) Include a letter of support from all other agencies that will be directly involved in this project. _ 41 '~4. Budget. For each type of position include the pay per hour, number of hours, and cost of each benefit. For expenses include unit costs (e.g. if rental give the cost per square foot). For equipment include the cost per item and quantity. Expenditures (Complete It.~ems/Ouantities and Positions/FTEs Cost this column after award) Head Set System with Accessories and Installation $3,400.00 ea. x6 $20,400 · 00 'total Grand Total ......................................................... $.zo.,Am3_ $, 75 Percent of Grand Total · (State Payment) ........................................ $.~5,300 $, 25 Percent of Total (Your Payment) .............. '.'. ......................... $ _5, loo $. 'Note: You may attach additional pages, if needed, to complete this item or tQ justify any budget item or its quantity. 15. Medical Director's Approvals. These are re. quired for al.__[ projects which involve professional education, medical equipment, or both. (1) Professional Education. All continuing education described in this application will be developed and conducted with my input and approval. Medical Director:. Signature Date Printed Name: ,,,,~,~,~ ,.. w~lff Fla. Med. Lic. No.: (2) Medical Equipment. I hereby affirm my authority and responsibility for the' use of all medical equipment in this project Medical Director:. Signature Date Pdnted Name: Randall L. Wolff Fla. Med. Lic. No.: 42 From: Clerk A. Lezare To: Doug Tr~vick at Delmy Beach Fire O~te: 2/26/Irt Time: 10:51:55 Page 'l of I Memorandmn .............................................................. CC: Lt. R Dmdford From: Clark g. Laz~c Date: l"cbrUary 26, 1 Re: I Icad.~'Lq with Motorola Mobile Head.sets in general are favorahly accepted in the Matching C~'ants proce,q,q; however, it would expedite thc ~om,~l~tual review of your grant appli~ti~n if we would have thc tcc~.nioal ~x.~ilioaliom of thc unit,~. Thank.~. 'q~il{ii{i~ii[~iiiliii[ii ....................... ""lllil ~...'.'=" 16. Govemmental Agency and Non-profit Entity Only Request for Matching Grant Distribution (Advance Payment) Emergency Medical Services (EMS) In accordance with the provisions of paragraph 401.113(2)(b), Florida Statutes, the undersigned hereby requests an EMS matching grant distribution (advance payment) for the improvement and expansion of prehospital EMS. PaymentTo: c±t¥ of Delray Beach Fire Department Name of Agency or Organization 501 W. Atlantic Avenue Address Delray Beach Florid~ 33444 Authorized Official: v - signa~'~'" Robert B. Rehr Fire Chief Printed Name Title Sign and return this page with your application and copies to: EMS Matching Grants/Office of Emergency Medical Services (HSEM) Department of Health and Rehabilitative Services 2002 Old St. Augustine Road, Bldg. Tallahassee, Florida 32301-4881 Be/ow this line is for use only by the Department of Health and Rehabilitative Services, Office of Emergency Medical Services Matching Grant Amount For State To Pay: $. Grant ID. Code: M Approved BY: Signature & Title of State EMS Grant Officer Date - HRS Fiscal Year:. FY - Organization Code E.O. .Object Code 60-20-60-30-100 HS 7 Federal Tax ID: VF Grant Begins: / /__ Ends: /__/__ Month Day Year Month Day Year 43 ASSURANCES AND APPLICATION SIGNATURE Payment for Grant Project: I, the undersigned, understand and accept that due to state ~sh flow and project priorities, I may not receive payment from the state for this project until ~several months after announcement of awards. The work activity time frames will be adjusted based on the date I receive payment, except the ending date of the grant will remain as specified in the Notice Of Grant Award letter. ~tatement of Cash Commitment: I, the undersigned, certify that my cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this project, as the application .on file in the state EMS Office requires. No costs count towards satisfying a .matching requirement of a department grant if they are also used to satisfy a matching ~requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for ithe departrnent's final approved project during the grant period. Acceptance of Terms and Conditions: I, the undersigne,~, understand and accept the grant terms and conditions in Chapters 1, 2. and 4 of, Florida EMS Grants Program Handbook October, 1996", by the Department of Health and Rehabilitative Services, and acknowledge this when funds are drawn or otherwise obtained from the grant payment system for this project. Disclaime~ I, the undersigned, hereby certify that the facts and information contained in this application and any attached and supplemental documents are true and correct to the best of my knowledge, information, and belief. I further understand and accept that if it is subsequently determined that this is not correct, this grant funded under Chapter 401, Part II, F.S. and Chapter 1OD-66, F.A.C., may be rev.oked, and any monies erroneously paid plus interest eamed, will be refunded to the department with any penalties which may be imposed by law or applicable regulations. Notification of Awards: I, the undersigned, understand and accept the notice of award will be advertised in the FAW, and that 21 days after this advertisement I waive any right to challenge or protest pursuant to Chapter 120, F.S. .Maintenance of improvement and Expansion: I, the undersigned, understand and accept that my organization will maintain for five years after the project ends any improvement, expansion or other effect brought about in whole or part by grant funds, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plus interest if any, to the department as determined by the department. Sig~'~re~f~uthorized Grant Signer (Individual Identified in Item 1) 44 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~ SUBJECT: AGENDA ITEM # ~'- REGULAR MEETING OF MARCH 18, 1997 ACKNOWLEDGMENT AND CONSENT FORM FOR MUNICIPAL LEAGUE CANDIDACY DATE: MARCH 13, 1997 Mayor Alperin has placed my name in nomination for the Palm Beach County Municipal League Board of Directors or for an officer's position in the Municipal League for Fiscal Year 1997/98. Before returning the required acknowledgment and consent form, I am requesting City Commission authorization to do so. ref:agmemo4 SENT BY:Xerox Telecop£er 7021 ; 3-11-97 ; 15:58 ; 561 243 3774;# 1 MEMO To: David T. Harden (561) 245-3774 From: lack L. Horaiman, Executive Director Subject: AcknoWledge and Consent Form for Municipal League Candidacy Date: March 11, 1997 You have been nominated for the Palm B~ach County Mumcipal League Board of Directors or for an officer's position in the Muncipal League for Fiscal Year 1997-1998. The League~s articles require that you sign the attached Acknowledgment and Consent form .prior'to your name b~ngplaced in Nomination at the General Membership meeting of March 26, 1~997. PLEASE RE~ THE ATTACHED FORM WITH YOUR SIGNATURE PRIOR TO MARCH 26, 1997 OR ELSE YOU NAME CANNOT BE PLACED IN NOMINATION. M~MORY TRANSMISSION REPORT TIME : MAR 12 '9? 10:40 TEL NUMBER : +4072437166 NAME : CITY OF DELRAY BEACH NBR FILE DATE TIME DURATION PGS TO DEPT NBR MODE STATUS 6?6 50 MAR. 12 10:59 01719 5 91561~55234~ G~ M OK FI City of Delray Bee=It t00 N,W. t~t Avenue Delray Beach, Florida 33444 [] Urgent E3 For your review [] Reply ASAP n Please comment ~$ENT B,' :Xerox Telecopier 7021 ; 3-11-97 ; 15:58 ; - 561 243 37?4;# 1 To: David T. Harden (561) 249;5774 From: Jack L. Homiman, Executive D~rector Subject: AcknoWledge and Consent Form for Municipal League Candidacy Date: March 11, 1997 You have been nominated for the Palm Boach County Municipal Leasue Board of Directors or for an officer's position in the Muncipal League for Fiscal Year 1997-1998. The League~s articles require that you sisn the attached Acimowledgmem and Consent form prior'to your name bcqngplaccd in Nomination at the General Membership meetin8 of' March 26, 1997. PLEASE RETURN THE ATTACHED FORM WITH YOUR SIGNATURE PRIOR TO MARCH 26, 1997 OR ELSE YOU NAME CANNOT BE PLACED IN NOMINATION. . _.~ENT ~Y:Xerox Telecopier 7021 ; 3-11-97 ; ]5:58 ; - 561 243 3774;~ 2 ACKNOWLEDGEMENT AND CONSENT CANDIDATE FOR OFFICE PALM BEACH COUNTY MUNICIPAL LEAGUE, INC. I, .. _~ ~:[ ~~ do hereby consent to serve in the following position (Candidate Name) the Palm Beach County Municipal Le,gue, Inc., if elected: (Position) F~er, M accordance with ~icle Seven of the Fourth ~ended ~icles of~co~oration ~icle T~ of the By-Laws of the Pflm Beach County MunicipM League, Inc., as mended on 24, 1993, I hereby acknowl~ge ~e duties ~d ~ponsibi~fies oftMs position ~r wMch I have no~mt~ md ~Ii se~e to the best of my abiliv if elected at the Regulm Election held by the Beach County Municipal League, Inc. Respective Municipality MEMORANDUM TO: DAVID HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT FROM: NANCY DAVILA, HORTICULTURIST ~)~ RE: 1-95 SOUND BARRIER WALLS - BEAUTIFICATION GRANT AND MAINTENANCE AGREEMENT BE'I'VVEEN CITY AND FDOT DATE: MARCH 13, 1997 ITEM BEFORE THE COMMISSION The item before the Commission is the Highway Beautification Grant and Maintenance Memorandum of Agreement generated by the Florida Department of Transportation which needs to be approved by the City Commission to enable the City to receive the grant funding, in the amount of $30,000 applied for-in connection with the landscape improvements to thb 1-95 sound barrier wall. BACKGROUND In July 1996 the City applied for a beautification grant through Beautiful Palm Beaches, Inc., for funding to improve the appearance of the 1-95 sound barrier wall. In January 1997 the City was notified that our grant application had been approved, subject to the execution of an agreement with the Florida Department of Transportation. On March 10, 1997 the City received the agreement package which needs to be approved and signed by the City and then returned to the FDOT for execution. RECOMMENDATION Staff recommends approval of the attached Highway Beautification Grant and Maintenance Memorandum of Agreement between the City of Delray Beach and Florida Department of Transportation, District Four, to enable the City to receive funding in the amount of $30,000 for the landscape improvements to the 1-95 sound barrier wall. ~ACS~M~L2 ~7'~-~:~ Wfiteffs Direct C~c: (~?) 243-709] DELRAY BEACH All. America Ci~ A~eement Be~een ~e Ci~ ~d FDOT I have reviewed ~e Ma~te~ce Memor~dum of Agreement ~d ~e ~e following co~e~ ~ 1. The fourth "Wll:EREAS' clause requires a resolution enacted by the City indicating the City's desire to enter into the Maintenance Memorandum of Agreement and authorizing the City's officers to do so. I am assuming that Alison is working on this resolution, but I just wanted to bring it to your attention. 2. I would suggest in Paragraph 3(a), that before the word "cost" in the second line, the word ``reasonable" be inserted and in Paragraph 3(b), prior to the word "expenses", the word "reasonable" also be inserted. 3. I would suggest that a subparagraph 6(c) be inserted that states, "by the AGENCY, by tendering the original amount contributed to the depad~uent and mu/ming the median to the condition that existed prior to the commencement of the Agreement, at the AGENCY'S expense following ten (10) days written notice. 4. I would recommend the following sentence be added to Paragraph 8. "Nothing contained herein shall be deemed a waiver of the City's sovereign immunity pursuant to 768.28, Florida Statutes". 5. I would suggest that if possible, Paragraph 14 be modified to include the words, "with venue in Palm Beach County", after the word "Florida", in the first sentence. anything further, please call me. cc: David Harden, City Manager Lula Butler, Director of Community Improvement RESOLUTION NO. 26-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELR3tY BEACH, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE 1-95 SOUND BARRIER WALL. WHEREAS, the City of Delray Beach, Florida, applied for a beautification grant through Beautiful Palm Beaches, Inc. for funding to improve the appearance of the sound barrier wall adjacent to Interstate-95; and WHEREAS, the City has been notified that the grant application has been approved, subject to execution of an agreement with the Florida Department of Transportation; and WHEREAS, the State of Florida Department of Transportation and the City of Delray Beach recognize the need for entering into an agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor of the City of Delray Beach, Florida, is hereby authorized to enter into the Highway Beautification Grant and Maintenance Memorandum of Agreement between the City of Detray Beach and the State of Florida Department of Transportation for FDOT Job No. 93220-3482, Interstate-95 adjacent to the sound barrier wall. Section 2. That a certified copy of this resolution shall be forwarded to the State of Florida Department of Transportation along with the executed agreement. PASSED AND ADOPTED in regular session on this the 18th day of March, 1997. ATTEST: A/O R ~City-C~rk / FLORIDA DEPARTMENTOFTRANSPORTATION t~oW'~¢~Rm~'n ~ ~ DISTRICT MAIiNF[ENANCE - DISTRICq' -~-~"~ 3400 West C ..... cial Bou| .... d, Fort Lauderdale, Florida 33309-3421 Telephone: (305) 777-4200 Fax: (305) 777-4223 March 10, 1997 Mr. David T. Harden City Manager 100 N.W. Ist Avenue Delray Beach, FL 33444 Dear Mr. Harden: RE: MPO G-rant, Beautiful Palm Beaches, Inc.. has selected your submittal for landscaping to be funded during the 1996/1997 Orant Program year. enclosed are the Maintenance Memorandum of Agreements that need to be executed by you and returned to me. Upon execution by the Departrnent one copy will be returned to for your records along with a Notice to Proceed. Should you have any questions, please call me at (954) 777-4219. Thank you. Sinc~flY, Carl B. Higgins, ASLA Landscape Architect CBH/c Enclosure cc: Joseph M. Yesbeck, Director Planning/Programs ~ RECYCI. ED pAPER DISTRICT FOUR (4) HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT DSF-REIMB Contract Number THIS AGREEMENT, made and entered into this day of 19 , by and between the STATE OF FLORIDA DEPARTM~ENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the City of Delray Beach a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY". WITNESSET~t WI:IE~REAS, as part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a six. (6) lane highway facility as described in Exhibit "A" attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facility that contains landscape medians and areas outside the travel way to the right of way line, excluding sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary replanting; and WltEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WItEREAS, the AGENCY by Resolution No. dated ,19. , attached hereto and by this reference made a part hereof, desires to enter into this ikgreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in plans and specifications included as Exhibit "B", with if any, the following exceptions: 2. The AGENCY agrees to maintain the landscaping within the median and areas outside the travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the Department's landscape safety and plant care guidelines. The AGENCY's responsibility for maintenance shall include all landscape/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas outside the travel way to the right of way line, excluding sidewalk, on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas flee from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way of the right of way line, excluding sidewalk. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding payment reduction, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. 3. If at any time after the AGENCY has assumed the landscaping installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Complete the installation or part thereof, with Department or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b) Maintain the landscaping or a part thereof, with Department or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and 2 remove, by Department or private contractor's personnel, all of the landscaping installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the Department may remove the same. 5. The Department agrees to reimburse the AGENCY an amount not to exceedS30,000 as defined in Attachment "C". Subject to this limit, the Department will pay only for the following costs: (a) Sprinkler/irrigation system (b) Plant materials and fertilizers/soil amendments. (c Paver bricks & other hardscape items. The Department's participation in the project cost, as described in Attachment "C" is limited to only those items which are directly related to this project. Payment shall not be made until (1) certification of acceptance is received from the AGENCY's Landscape Architect/or designee and (2) a Department Landscape Architect and/or his designee has approved the project for final payment. (a) Payment shall be made only after receipt and approval of goods and services as provided in Section 215.42, Florida Statutes. (b) Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. (c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, and bills for travel expenses specifically authorized by this Agreement, if any, shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (d) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the AGENCY's general accounting records, together with supporting documents and records, of the contractor and all subcontractors performing work, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. (e) The AGENCY agrees to return all monies received under the terms of this Agreement, to the Department, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 6. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. (b) By the Department, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received by the AGENCY in conjunction with this Agreement. 7. The term of this Agreement commences upon execution. 8. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY's negligent performance of the work under this Agreement, or due to the failure of the AGENCY to construct or maintain the project in conformance with the standards described in Section 2 of this agreement. 9. The AGENCY may construct additional landscaping within the limits of the right-of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. (b) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscaping installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the AGENCY resulting from the installation of landscaping added under this item. 10. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement fi.om the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year. 12. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof, and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 13. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 14. This Agreement shall be governed by and construed in accordance with thelaws of the State of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WI:IEREOF, the parties hereto have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Mayor or Chairman District Secretary Attest: ,(SEAL) Attest: ,(SEAL) Town Clerk Executive Secretary Legal Approval Legal Approval 5 JOB NO.: 93220-34~2 WPl NO.(s): 4147573 COUNTY: Palm Beach S.R. NO.: SR 9 CONTRACT NO.: EXHIBIT "A" PROJECT LOCATION 1-95 adjacent to the sound barrier wall JOB NO.: 9~220-34R2 , WPI NO.(s): 4147RTR COUNTY: Palm B~.ach S.R. NO.: SR 9 CONTRACT NO.: EXffEBIT "B" The Department agrees to reimburse the AGENCY for the installation of the project as reflected in the plans attached hereto and incorporated herein. PLEASE SEE ATTACHED PLANS JOB NO.: WPI NO.(s): 4147573 COUNTY: Palm B~ach S.R. NO.: SR 9 CONTRACT NO.: ATTACHMENT "C" (GENERAL) PROJECT COST This Exhibit forms an integral part of the Highway Beautification Grant Agreement between the State of Florida, Department of Transportation and the AGENCY. Dated I. PROJECT COST: $78;71 City of Delray Beach 48,718 Department of Transportation 3OJ3OQ 978,718 C:\WPDOC~ADMIN~DSF.REI {revision 07/10/96) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~?~'~ SUBJECT: AGENDA ITEM # ~'~-~' - MEETING OF MARCH 18, 1997 mIO TION TO INLAND NAVIGATION DISTRICT DATE: MARCH 14, 1997 Resolution No. 23-97 is before the Commission to authorize staff to submit a grant application to the Florida Inland Navigation District (F.I.N.D.) for funding in the amount of $77,261 or 50 percent of the total cost of $154,522, to replace the boat launching facilities and public restrooms at Knowles Park. This is a reimbursement type grant, with City funding being requested in the 97/98 Capital Improvement Fund. The project is noted in the Conservation Element of the City's Comprehensive Plan (B-3.3) Recommend approval of Resolution No. 23-97 authorizing the grant application to F.I.N.D. Agenda Item No.: ~_~. Date: March !0, 1997 Request to be' placed on: ~ Regular Agenda (Consent) Special Agenda Workshop Agenda When: March 18, 1997 Description of item (who, what, where, how much): Request City Commission approval to submit a grant application to the Florida Inland NaviKation District for ..fundins in the amount of $77~261 or 50Z of the total cost of $154_522 to too!ac9 the boat launchin~ facilities and public restrooms at Knpwles Park. Th4~ ~_~ ~ r-~bur.~e- ment tvpe Erant w~-t~. (~it¥ ~din~ DeinE requested in the 97/98 Ca~ita! Improvement 'fund. (Example: ..Re,est from Atlantic High School for $2,000 to fund project graduation). O~I~E/ ~SOL~ON ~Q~I~D: ~/NO Draft Attached: YES/NO Recommendation: Approval to submit application with accompanyin~ resolution for ass !stance (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ,~, .,~ /~ Department Head Signature: ~i~. City Attorney Review/ Recommendati n (if applicable): Copy of reso!uticn ..................... ~ ...... ~.~ for review. 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: Y~S./ NO ~.~ / Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DELRAY BEACH ~JI-Ameri~l~ MEMORANDUM TO: David T. Harden, City Manager FROM: Joe Weldo rector of Parks and Recreation DATE: March 10, ! 997 SLIB]ECT: REQUEST ITEM BE PLACED ON MARCH 18 CITY COMMISSION AGENDA. We have asked Doug Randolph to assist this Department in making application to the Florida Inland Navigation District for funding in the amount of $77,261 or 50% of the total cost of $154,522 to replace the boat launching facilities and public restrooms at Knowles Park. The application deadline is April 1,1997 and we request this item be placed on the March 18 agenda for City Commission approval. This is a reimbursement type grant with City funding being requested in the 97/98 Capital Improvement Fund. A copy of the required resolution has been forwarded to the City Attorney for review and approval. doc/kp ATTACHM'k'WT E-6 RESOLUTION FOR ASSISTANCE NO. 2 3- 9 7 UNDER THE FLOR/DA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WI-IF_REAS, T'rIE City of Delray Beach iS interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizera3, of Delray Beach and the State of Florida: Pro~ectTifle Knowles Park Boat Ramp Project Total Estimated Cost $ 154.522 (Proposal to FIND for $77.261 - 50% of total cost) B~efDescr/ption of Project: Knowles Park is a three acre City Park located on the Intracoastal Waterway. The purpose of the park is to provide public boat ramps and launching facilities for the Intracoastal. Due to serious structure deterioration the City is seeking matching funds to rebuild these boat launching facilities as well as the public restrooms serving'these users. AND, Flor/da Inland Navigation District financial assistance is requked for the program mentioned above, NOW II4ER~FORE, be it resolved by the City Commission of the City of Oelray Beack (Name of Agency) that the project desc~bed above be authorized, AND, be it fu~her resolved that said city Commission of the City of Delrav Beach (Name of Agency) make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said city of Delray B~_nch ('Name of Agency) AND, be it further resolved by the City Cormmission of the City of (Name of Agency) that it certifies to the following: I. That it will accept the terms and conditions set forth in FIND Rule 16T-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached Form No. 90- I I Rev. i0-14-92 (1) thereto unless prior approval for any change has been received from the District. 3. That it has ~he ability and intention to finance iu share of the cost of the project and that the project will be operated and maintained at: the expense of said City of Delray Beach for publ{c use. (Ns.me of Agency) 4. That k will not discriminate against any person on the basis of race, color or national origin in the use of a~y property or facility acquired or developed pursuant to tAis proposal, and shall comply with the terms and intent of the Title VI of the Civi/Rights Act of I964, P. L. 88-352 (I964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the ana/105 of the funding agreed to by FIND. This is to ce~fy that the foregoing is a true and correct copy of a resolution duly and city Commission of the legally adopted by the City of Delray Beach at a legs/mee6ng held on this 18th. day of March 19 97. -- ~'Signature ~Aiison MacGregor Harry ~///A~es~ay Alperin Title Mayor T~'tle City Clerk Form No. 90-11 Rev. 10-14-92 (2) Resolution No. 23-97 Page 2 of 2 ATTACHM~.NT E-2 WATERWAYS ASSISTANCE PROGRA~ PROJECT APPLICATION APPLICANT INFORMATION Applicant City of Delray Beach l~oject~tle: Knowles Park Boat Ramp Project Legislative District in which Project Site is Located: State Senate: 31 State House: 87 Liaison Agent: $oe Weldon Title: Director of Parks and Recreation Address: 50 N.W. Ist. Avenue D~lray Broach_. FI,: Zip Code: 33444 Telephone: 561 / 243- 7251 I hereby certify that the information provided in this application is true and accurate. Signature: Date: March 19, 1997 David T. Harden, City Manager ,, FIND OFFICE USE Date Received: Local FIND Commissioner Approval: Ail Required Supporting Documents: Applicant Eligibility: Project Eligibility: Compliance with Rule 16T-2 F.A.C.: Eligibility of Project Cost: Form No. 90-22 New 10/14/92, Rev. 6/24/93. ATTAINT E-2 PRO/ECT INFORMATION Total Project Cost: $ 154,522 FIND As~intznce Requested: $ 77,261 50 % of totnl cost $154~522 Amount and Source of Applicants Matching Funds: The $77,26! in matching funds will be provided out of the City's 97/98 Capital Improvement Fund Ownership of Project Site (check one): Own -- XXX Leased Other If leased, please describe lessor term and conditions: Project type (check one, or more of the following project elemena that are part of your project). Public navigation channel dredging ., Public navigation aids and markers Public boat ramps and launching facilities . Public boat docking and mooting facilities Public shoreline stabilization Inlet management Waterway signs and buoys for safety, regulation or information Public spoil disposal site development Waterways related environmental education programs and facilities Public fmhing and viewing piers Public waterfront boardwalks Waterways boating safety programs and equipment Beach renourishment Other waterway related projects Permits Requked: Agency Yes No N/A Date Applied For Date Received Anticipate !80 days WMD NO DEP YES , 03/24/97 ACOE YES 03/24/97 COUNTY/CITY yES 03 / 24 / 97 Other N/A . Form No. 90-22 New 10-14-92, Rev. 6/24/93. ATrACHIVLENT E-4 WATERWAYS ASSISTANCE PROGRAi~I APPLICATION EVALUATION AND RATING FORM The applicant is to complete this form by entering the project tide, applicant name and answers to the applicable questions. All applicants will answer the first part of the form which includes questions I through 11. Each applicant Mil then complete the questions in one attachment according to the applicant's project type. The applicant should determine his project type (if the project incorporates more than one project type) by determirting which project type is dominate in terms of project cost. The attachments that are not applicable to an applicant's project should not be included in the submitted application. APPLICATION TITLE: Knowles Park Boat Ramp Project APPLICANT: City of Delray Beach CATEGORY RATING EVALUATION CRITERLk & RATING POINTS POINTS AVAILABLE PRIORiTY LIST (1-5 points) (1) Where does the project rank on this years approved project priority list? (Applicant should refer to Attachment C in the application to determine project priority list mnk/ng. The application may only be of one type based upon the dominate cost of the elements of the project.) Our Project is third on this years approved project priority list. (Public Boat Ramps and Launching Facilities) WATERWAY RELATIONSHIP (1-3.5 poinra) (2) How does the project directly relate to District waterways? Knowies Park is a three acre City Park located directly on the Intracoastai Waterway. The purpose of the Park is to provide public boat ramps and launch- ing facilities for the Intracoastai Waterway. We are seeking matching funds to rebuild these boat launching facilities as well as the public restrooms serving these users. (1-3.5 point) (3) Does the project benefit public navigation? Yes, by allowing public access to the. Intracoastal Waterway for the purpose of launching and retrieving boats for recreational purposes. PUBLIC USAGE & BENEFIT (1-3 points) (4) Is the public usage of this project clearly quantified? Yes, this is the only public boat launching facility in Delray Beach located on the Intracoastal Waterway. These facilities are heavily used by the general public (14.5 points) (5) Can the pr~ect be reasonably used by residents ~om other counties of the District? Yes, there are no restrictions or special allowances made to Delray Beach residents on the use of these facilities. Knowles Park is easily accessed from Federal Highway and is open ~6 the general public. 2 TIMELINESS (i-s points) (6) Has the applicant presented a reasonable timeline for the completion of the project? In that we will be replacing existing structures and therefore expect no permitting or construction problems, we feel that we will be able to complete the project in the agreed ~o time elements~! COST- EFFECTIVENESS (1-2.5 points) (7) Does the project provide a reasonable public service for the money requested? Yes, replacement and upgrading is necessary for these facilities to continue to safely fulfill their intent of providing boat access to the Intracoastal Waterway. The docks show signs of serious deterioration. The current ramping facility does not conforra to a uniform slope and is hazardous to certain watercraft, i"ne exist- ing facilities do not meet ADA accessibility standards and improvements will be made to make the facilities, grounds and bathrooms user friendly for those who have mobility or other physical limitations. (1-2.5 points) (8) To what de~ee does the project demonstrate cost sharing or funding from other sources? The City of Delray Beach will provide the 50/50 match of funds to complete this project. VIABILITY (1-2 points) (9) To what extent does the project duplicate ex. isting efforts? This project does not duplicate any existing efforts. (1-2 points) (10) How will the project continue to be maintained at, er Distr/ct funding ceases? This proje6t is within a City Park and is maintained by City personnel. (1-3.5 points) (11) Will the program result in si~i~cant and lasting benefits? -In 1990 the City, through a grant from the Florida Boating Improvement Program, made some repairs to these facilities..Now, seven years later, it is evident that these structures are beyond the simple repair stage and need to be replaced. We have taken care to identify construction methods and materials which have proven to be effective and long-lasting in similar areas of South Florida. FIND FORM NO. 91-25 Rev. 4 ATTACHMENT E-4A WATERWAYS ASSISTANCE PROGRAM APPLICATION EVALUATION AND RATING FORM DEVELOPIVIENT & CONSTRUCTION PROJECTS - THIS ATTACHMENT IS TO BE COM[PLETED IF YOUR. PROJECT IS A DEVELOPMENT OK CONSTRUCTION. PROJECT BUT IS NOT AN INLET MANAGEMENT OF BEACH RENOURISHMEb~r PKOJECT. CATEGORY RATING E V:-kLUATION CRITERIA & RATING POINTS POINTS AVAILABLE (1-:~.5 point) (12) Have all permits been applied for? I/so, when? (I/the project is a Phase I project a ml.~raum score of 2 points will be awarded) As noted on Attachment E-2 all pertinent permits have been applied for on Hatch 24, 1997 (1-2.5 points) (13) Has the project received all of the required permits? (If the project is a Phase I project a minimum score of 2 points will be awarded) We expect to have all the permits in hand within 180 days (October 1997). 5 (1-I.S points) (I4) Has the design work been completed7 (A Phase I project will be ~valuated based upon ~ design work compk~-d to dam.) Yes, the survey work was completed by 0'Brien, Suiter and 0'Brien and the engineering work to include the preliminary design and permitting was completed by Gee and 3enson. The restrooms design work was designed internally. Final design work will .be completed upon execution o£ the Project Agreement. . ' (1-2~ po~ts) (15) Are the construction mate~als of lasting quarry? Yes, the boat ramp will consist of a series of interlocking geotextile concrete mats which will be secured to a properly graded foundation. The dock will consist of marine grade decking on a floating aluminum frame. The restrooms will be of ¢.B.S. construction. (l-2.s points) (16) Are the construction techniques appropriate for the project site? Yes, the techniques proposed for this site are common to the South Florida area. RATING POINT TOTAL (Note: The maximum score possible is 50 points and the mSnlmnm score possible is 16 points. A score of 35 points is required to be considered for funding.) Form No. 91-25A Rev 6 ATTAC~ E..5 FLORIDA. INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMATE PROJECT 'rrI~E: Knowles Park Beat .~.amp Projecl: AI~PLICANT: City of Delray Beach Proj~t ~menU Qu~ ~mat~ AppE~t's ~ ~umber ~or Cost Cost Cost Footage) SurveyfDesign/ Permitting ........................... $14,522 $ 7~261 $ 7,261 Demolition ........................... $10,000 $ 5.,000 $ 5,000 Ramp/Dock/?iling ..................... $59,300 $29,650 $29,650 Nature Boardwalk ..................... $20,7.00 $10,350 $10,350 Bathrooms ............................ $50,000 $25,000 $25,000 TOTALS $!54,522 $77,26! $77,26! Form No. 90-25 New 1~14/92 ATTACH1VIENT E-8 WATERWAYS ASSISTANCE 'PROGRAM PROJECT TIMELINE The applicant is to present a detailed timeline on the accomplishment of the components of the proposed project including completion dates, as applicable, for, permitting, design, bidai-g, applicant approvals, initiation of constxuction and completion of consu'uction. Completion Date. Ail permitting .................................. September !9, 1997 Final Design ..................................... August.15, 1997 Bidding .......................................... August 15, 1997 Applicant Approvals ............................. As determined by F.I.N.D. Initiation of Construction ....................... November 17, !997 Completion of Construction ....................... March 20, 1998 FIND Form 96-10 MEMORANDUM TO: Doug Randolph Grants Coordinator City Engineer SUBJECT: PROJECT COST KNOWLES PARK BOAT RAMP IMPROVEMENTS PROJECT NO. 96-61 DATE: March 6, 1997 As requested the consultant for the subject project, Gee & Jenson, has prepared a budget estimate for the construction cost. A breakdown of the cost is as follows: 1.) Demolition $ 10,000.00 2.) Boat Ramp/Dock/Piling 57,760.00 3.) Nature Board Walk 20,700.00 TOTAL $ 88,460.00 For budgetary purposes this number should be rounded up to $90,000.00. Additional cost associated with the project are the consulting fees outlined in the February 10, 1997 memo to Joe Weldon. Please call if you have any questions. CDB/gm cc: Joe Weldon, Director of Parks and Recreation file: Project #96-61 (E) file:s/eng/eng/proj/96-61/budget/costest.doc CITY OF DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: Doug Randolph Training & Development Manager From: Jos~ Aguila, A.I.A.(~r' Construction Manacj~r Date: March 6, 1997 Subject: Knowles Park Restrooms Project No. 96-033 I have reviewed the scope of work for the Knowles Park Restroom and am confident that a set of restrooms which will meet the minimum requirements of code as well as serving the needs of the users can be constructed for around $50,000. Should we desire to add a small storage area the cost would increase by around $15,000 for a total of $65,000. Over the next couple weeks I will have a layout with probable construction cost for your consideration and comment. Please let me know if I can be of further help. cc: Dan Beatty Joe Weldon File 96-033(A) s:\...\9633\cstest 1 DEPARTIVIENT OF ENVIRONMENTAL SERVICES ;~ ' " · MEMORANDUM ~, ~:," , . TO: Joe Weldon Director of Parks .and Recreation FROM: Dan Beatty, P.~'~ City Engineer DATE: February 11, 1997 SUBJECT: Scope of Services Knowles Park Boat Ramp Improvements As requested, I have obtained prices for consulting engineering and survey work at the subject project. The survey work will be conducted by O'Brien, Suiter and O'Brien in the amount of $2,380.00 (see attached service authorization). The engineering work will be conducted by Gee and Jenson and separated into two phases. The first phase will consist of preliminary design and permitting to satisfy the requirements of the F.I.N.D. application. The amount oftkis phase is $6,183.00. The second phase consists of final engineering plans for bidding and construction. The amount of this phase is $5,958.00. We have requested that Gee & Jenson prepare separate service authorizations for each phase. Prior to the F.I.N.D. grant all that is needed is the survey and phase one from Gee and Jenson. Please advise when funding has been identified and we will proceed. DB:mm cc: Doug Randolf, Training & Development Mgr/Human Resources File: Project No. 96-61 A S :\engine\proj ects\96-061 \letters\scope210.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~h2XlAGER~,. RESOLUTION NO. 20-97/ABANDONMENT OF EASEMENTS AT PLAZA AT DELRAY DATE: MARCH 14, 1997 This is before the Commission to approve Resolution No. 20-97 vacating and abandoning certain easements within the Plaza At Delray shopping center located at the northwest corner of Federal Highway and Linton Boulevard, in connection with the renovation of the mall. Facilities within the water, sewer and drainage easements will be relocated with development of the site per the site plan approved on September 20, 1995. New easements will be dedicated for the relocated facilities and will come before the Commission for acceptance at a later date. Staff recommends approval of the abandonment with the condition that replacement easements be provided and accepted. Recommend approval of Resolution No. 20-97 based on positive findings with respect to LDR Section 2.4.6(P) (5) and subject to the condition that replacement mains be installed and replacement easements accepted prior to the abandonment resolution being recorded. RESOLUTION NO. 20-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN UTILITY EASEMENTS AS SHOWN ON A REPLAT OF DELRAY MALL, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 58 AT PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO INSTALLATION AND ACCEPTANCE OF REPLACEMENT FACILITIES AND EASEMENTS. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of certain water and sewer easements as shown on A Replat of Delray Mall, as more particularly described herein, said property being located at the northwest corner of Federal Highway and Linton Boulevard; and WHEREAS, said application for abandonment of utility easements was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(P) (3) (c), the City Engineer has forwarded the application to the City Commission with the recommendation that the abandonment be approved, based upon positive findings and subject to conditions; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(P) (5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said utility easements, subject to installation and acceptance of replacement facilities and easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, subject to installation and acceptance of replacement facilities and easements, more particularly described as follows: WATER AND SEWER EASEMENTS PARCEL 1: A parcel of land in Section 21, Township 46 South, Range 43 East, 10 feet in width, lying five (5) feet on each side of the following described centerline: Commencing at the Northwest corner of A Replat of Delray Mall, according to the Plat thereof, as recorded in Plat Book 58 at Page 133 of the Public Records of Palm Beach County, Florida; thence, North 89 degrees 52' 49" East, a distance of 93.72 feet; thence, North 00 degrees 37' 35" East, a distance of 55.00 feet; thence, North 89 degrees 52' 49" East, a distance of 400.02 feet; the last three (3) calls being along the North line of said plat; thence, continuing North 89 degrees 52' 49" East, a distance of 28.56 feet; thence, South 00 degrees 38' 55" East, a distance of 46.65 feet to the POINT OF BEGINNING; thence, continuing South 00 degrees 38' 55" East, a distance of 47.10 feet; thence, South 81 degrees 10' 20" East, a distance of 65.24 feet to the POINT OF ENDING. The sidelines of said parcel to be lengthened or shortened to meet at angle points. ALSO: Parcels of land in Sections 20 and 21, Township 46 South, Range 43 East, 12 feet in width, lying six (6) feet on each side of the following described centerlines: PARCEL 2: (OMITTED FROM THE ABANDONMENT APPLICATION) Together with: PARCEL 3: Commencing at the Northwest corner of said plat; thence, North 89 degrees 52' 49" East, along the North line of said plat, a distance of 65.28 feet; thence, South 00 degrees 07' 11" East, a distance of 46.92 feet to the POINT OF BEGINNING; thence, - 2 - Res. No. 20-97 South 08 degrees 23' 05" West, a distance of 163.75 feet to Reference Point "A"; thence, continuing South 08 degrees 23' 05" West, a distance of 163.80 feet to Reference Point "B"; thence, continuing South 08 degrees 23' 05" West, a distance of 27.74 feet to the POINT OF ENDING; and Beginning at said Reference Point "A"; thence, South 81 degrees 36' 55" East, a distance of 27.33 feet; thence, South 08 degrees 23' 05" West, a distance of 26.00 feet to the POINT OF ENDING; and Beginning at said Reference Point "B"; thence, South 81 degrees 36' 55" East, a distance of 27.33 feet; thence, South 08 degrees 23' 05" West, a distance of 20.00 feet; thence, South 81 degrees 36' 55" East, a distance of 10.00 feet to the POINT OF ENDING. Together with: PARCEL 4: Commencing at the Northwest corner of said plat: thence, North 89 degrees 52' 49" East, a distance of 93.72 feet; thence, North 00 degrees 37' 35" East, a distance of 3.15 feet; the last two (2) calls being along the North line of said plat; thence, South 89 degrees 22' 25" East, a distance of 35.16 feet to the POINT OF BEGINNING; thence, South 81 degrees 37' 57" East, a distance of 222.13 feet to Reference Point "A"; thence , continuing South 81 degrees 37' 57" East, a distance of 95.60 feet to the POINT OF ENDING; and Beginning at said Reference Point "A"; thence, South 08 degrees 23' 05" West, a distance of 586.85 feet to the POINT OF ENDING. Together with: PARCEL 5: Commencing at the Northwest corner of said plat; thence, North 89 degrees 52' 49" East, a distance of 93.72 feet; thence, North 00 degrees 37' 35" East, a distance of 15.51 feet; the last two (2) - 3 - Res. No. 20-97 calls being along the North line of said plat; thence, South 89 degrees 22' 25" East, a distance of 54.01 feet to the POINT OF BEGINNING; thence, South 81 degrees 37' 15" East, a distance of 161.91 feet to Reference Point "B"; thence, continuing South 81 degrees 37' 15" East, a distance of 108.20 feet to the POINT OF ENDING; and Beginning at said Reference Point "B"; thence, South 08 degrees 03' 45" West, a distance of 297.70 feet; thence, South 08 degrees 35' 55" West, a distance of 275.70 feet to the POINT OF ENDING. Together with: PARCEL 6 Commencing at the Southwest corner of said plat; thence, North 08 degrees 23' 05" East, along the West line of said plat, a distance of 376.82 feet; thence, South 81 degrees 36' 55" East, a distance of 33.00 feet to the POINT OF BEGINNING; thence, North 15 degrees 22' 28" East, a distance of 263,43 feet; thence, North 08 degrees 33' 55" East, a distance of 256.04 feet to the POINT OF ENDING. Together with: PARCEL 7 ~ Commencing at the Southwest corner of said plat, North 89 degrees 44' 06" East, a distance of 122.00 feet; thence North 90 degrees 00' 00" East a distance of 197.48 feet; the last two (2) calls being along the South line of said plat; thence, North 00 degrees 00' 00" East, a distance of 138.58 feet to the POINT OF BEGINNING; thence, North 81 degrees 30' 05" West, a distance of 42.99 feet to Reference Point "A"'; thence, continuing North 81 degrees 39' 05" West, a distance of 215.90 feet; thence, North 08 degrees 20' 55" East, a distance of 100.87 feet; thence, South 81 degrees 36' 55" East, a distance - 4 - Res. No. 20-97 of 34.52 feet to Reference Point "B"; thence, North 08 degrees 23' 05" East, a distance of 148.50 feet to Reference Point "C" thence, continuing North 08 degrees 23' 05" East, a distance of 308.29 feet to Reference Point "D"; thence, continuing North 08 degrees 23' 05" East, a distance of 140.11 feet to the POINT OF ENDING; and Beginning at said Reference Point "A", thence, South 08 degrees 20' 55" West, a distance of 17.00 feet to the POINT OF ENDING; and Beginning at said Reference Point "B", thence, South 08 degrees 23' 05" West, a distance of 20.00 feet; thence, South 81 degrees 36' 55" East, a distance of 13.31 feet to the POINT OF ENDING; and Beginning at said Reference Point "C"; thence, North 81 degrees 36' 55" West, a distance of 55.50 feet to the POINT OF ENDING; and Beginning at said Reference Point "D"; thence, South 81 degrees 36' 55" East, a distance of 36.50 feet; thence, North 08 degrees 23' 05" East, a distance of 20.00 feet to the POINT OF ENDING. Together with: PARCEL 8 Commencing at the Southeast corner of said plat; North 90 degrees 00' 00" West, along the South line of said plat, a distance of 39.24 feet; thence, North 00 degrees 00' 00" East, a distance of 185.55 feet to the POINT OF BEGINNING; thence, North 31 degrees 41' 20" East, a distance of 201.40 feet to the POINT OF ENDING. Together with: PARCEL 9 Commencing at the Southeast corner of said plat; thence, North 90 degrees 00' 00" West, along the - 5 - Res. No. 20-97 south line of said plat, a distance of 204.62 feet; thence, North 00 degrees 00' 00" West, a distance of 394.60 feet to the POINT OF BEGINNING; thence, South 81 degrees 36' 00" East, a distance of 245.00 feet to the POINT OF ENDING. Together with: PARCEL 10 Commencing at the Southeast corner of said plat, thence, North 90 degrees 00' 00" West, along the South line of said plat, a distance of 261.91 feet; thence, North 00 degrees 00' 00" West, a distance of 366.30 feet to the POINT OF BEGINNING; thence, North 59 degrees 09' 05" West, a distance of 31.00 feet to the POINT OF ENDING. The sidelines of said parcels to be lengthened or shortened to meet at angle points. Section 2. That the abandonment of easements described in Section 1 above shall not become effective and this resolution shall not be recorded in the Public Records of Palm Beach County, Florida, until such time as replacement facilities have been installed and replacement easements accepted by the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 18th day of March, 1997. ATTEST: - ~City Cl~rk - - 6 - Res. No. 20-97 KEY MAP SHEET 1 OF 10 TO: DAVID T. HARDEN, CITY MANAGER THRU: ~ b EZ, C :r0'-~ DEPARTMENT OF PLANNING-A/ND ZONING FROM: IRE LY'TE;G~bqHAM, PLANNER SUBJECT: MEETING OF MARCH 18, 1997 **CONSENT AGENDA** ABANDONMENT OF WATER AND SEWER EASEMENTS AT PLAZA AT DELRAY The action requested of the City Commission is approval of the abandonment of certain water and sewer easements located in the Plaza at Delray shopping center. The subject property is located at the northwest corner of Federal Highway and Linton Boulevard. The easements are located within the Delray Mall plat (approved 1973; amended 1974; replatted 1987) and are to be abandoned in connection with the renovation of the mall. Facilities within the easements will be relocated with development of the site per the site plan approved September 20, 1995. New easements will be dedicated for the relocated facilities and will be before the Commission for acceptance at a later time. If approved the abandoments will not be recorded until the replacement facilties have been installed and the City has accepted the facilities and appropriate replacement easements. Prior to the granting of an abandonment the following finding must be made: · That the abandonment will not result in detriment for the provision of services to adjacent properties or the general area. City Commission Documentation Abandonment of Easements at Plaza at Delray (fka Delray Mall) Page 2 The City's Environmental Services Department has no objection to the requested abandonments, and replacement water and sewer easements are being proposed. No disruption of services to adjacent parcels is anticipated. Planning and Zoning Board review is not required for the abandOnment of easements. By motion, approve the abandonment of the water and sewer easements through the enactment of Resolution 20-97, subject to the following condition: That prior to recordation of this resolution, replacement mains have been installed and replacement easements accepted. Attachments: · Location Map · Exhibit A - Easements to be abandoned I I I S.W. lOTH STREET DELRA Y PLACE CONDOS EXECUHVE QUARTERS WILSON AVE. REIGLE AX. [ " FLORANDA STERLING AX, CENTRAL AK. TRAILER ~ S.E. 12TH RD. PARK SOUTHRIDGE RD. HARBOUR SIDE DOMAINE DELRA Y LINTON TRUSS BANYAN TREE LIN TON VILLA GE WOODS 3ANYAN -~. LANE HARBOURS ONE OLD HARBOUR EDGE L IN TON PLA ZA BL VD. LtN TON BOULEVARD ROYAL SUN BANK NA nONS PALM BANK /fOR TGA GE LIN TON BURGER CENTER Mc CLEARY STREET DELRA Y KING ;TRIAL PARK N PLAZA AT DELRAY PLANNING DEPARTMENT CITY OF DELRAY BEACH. FL -- DIGIFAL ~ASE MAP SYSTEM -- MAP REF: LM048 I I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~' - MEETING OF MARCH 18, 1997 RESOLUTION NO. 21-97 DATE: MARCH 14, 1997 This is before the Commission to adopt a resolution for abandonment of a portion of Dixie Highway and acceptance of a public utilities easement within the Aiden subdivision located on the east side of Dixie Highway south of Linton Boulevard. The area proposed for abandonment is the eastern 26 feet of the reserved right-of-way for Dixie Highway which runs along ~he western property line of Morse Body Shop. The applicant is requesting the abandonment of this right-of-way in order to expand the Morse facility. The public utilities easement is required to cover an existing force main, and is located in the north 13 feet of the abandonment area. Both the City Engineer and the City Attorney have reviewed the easement to the City and have no objections. The Planning and Zoning Board considered this item at its meeting of July 15, 1996 and voted 6-0 to recommend approval. Recommend approval of Resolution 21-97. RESOLUTION NO. 21-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF ADDITIONAL RIGHT-OF-WAY FOR DIXIE HIGHWAY AS DEDICATED BY THE PLAT OF AIDEN, RECORDED IN PLAT BOOK 29 AT PAGES 211 AND 212 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF AN EASEMENT DEED FOR PUBLIC UTILITIES. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of additional right-of-way for Dixie Highway as dedicated by the Plat of Alden, being located at the northeast corner of Dixie Highway and Fladell's Way (Avenue F), as more particularly described herein; and WHEREAS, the application for abandonment of a portion of said reserved right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O) (3) (d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed this item on July 15, 1996, and recommended approval of the abandonment, based upon positive findings pursuant to LDR Section 2.4.6(0) (5) and subject to the condition that a replacement easement be provided for public utilities; and WHEREAS, the City Commission of ~the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(0)(5) and subject to acceptance of an easement deed for public utilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, subject to acceptance of an easement deed for public utilities: The East 26 feet of the West 76 feet, dedicated as additional right-of-way for Dixie Highway, P~T OF AID~, according to the Plat thereof, as recorded in Plat Book 29 at Pages 211 and 212 of the Public Records of Palm Beach County, Florida. Containing 0.179 acre, more or less. Section 2. That this abandonment of right-of-way described in Section 1 above shall not become effective and this resolution shall not be recorded in the Public Records of Palm Beach County, Florida, until an easement deed for public utilities has been accepted ~ the City of Delray Beach, Florida. PASSED AND ~OPTED in regular session on this the 18th day of March, 1997. A~EST: - 2 - Res. No. 21-97 ESTA~ CONDOS [! SHERWOOD ~ ' 1~ ~ -- ~ ABANDONMENT OF 26' OF DIXIE HIGHWAY Prepared by: KURT S. ~RON, ESQ. 6363 N.W. 6th Way, Suite 420 Ft. Laude~dale, FL 33309 THIS INDENTURE, made thie day of: ~ , 1997, by and between MORSE OPERATIONS, INC. ,-~loride corPOr&ti~h, par~y of the first part, and the CITY OF DELRA¥ BEACH, a Florida municipal corporation in Palm Beach County, State of Florida, whose address Il 100 N.M. lot Avenue, Delray Beaoh, Florida 3344¢, party of the second part: WITNESSETH: That the party of the first part, for and consideration of the eum o£ Ten ($10.00) Doll&rs and other good and valuable considerations to it in .hand paid by the said party of the eeoond part, the receipt cf which is hereby acknowledged, does hereby grant, bargain, sell and role.ese unto the party of the second part, its eucoeseors and ass.zEno, a ,right of way and PerPetual easement for th.e pu. rpose of Lnstallat~on, operation and maintenance of public utzlit~ee with full and free right, liberty and authority to enter upon and to install, operate, and maintain such public utilit~es under, across, through and upon, over, under or within the following desoribed property located in Palm Beach County, Florida, to-witt THE NORTH 13.0 FEET OF THE FOLLOWING DESCRIBED PARCEL~ THE EAST 26 FEET OF THE WEST 76 FEET, DEDICATED AS ADDITIONAL RIGHT OF WAY FOR DIXIE HIGHWAY, PLAT OF AIDEN, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGES 2 l l AND 212 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ConcOmitant and coextensive w~h this right is the further r~ght in the party of the eeoond part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes o£ the easement. That this easement shall be subject only to those easements, restrictions, and reeervat£ons of record. That the pa~ty of the first pert agrees to provide for the release cZ any and mortgages or liens enoumberinq this easement. The party of the first par~ also agrees to erect no bu41dinq or effect any o.~her kind of construction or improvements upon the above-descrLbed proper~y. said land and v~ll defend the sane against the ~avful claims of all persons whomsoever cl&~mod by, through or under ~t, t~.a,t It has good righ~ a~d lavful authority to gr~nt the above described easement and that the sane £e unencunbered. ~here tho contex~ of this Easement Deed allo~s st permits, the mama shall include the successors or assigns o~ the parties. IN #ZTHESS ~HZRKOF, the party of the first pa~t has caused this Easement Deed to be executed by its authorized officers the day and year £1rst above w~i~tsn. ~ITNESSES~ HORSE OPF~ATIONS, IHt. ~r~ntod n~ne~ Edward ~r~n~od (Corporate Seal) STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me th~s . day of , , 1997 by EDWARD J. MORSE, mm ChLef Executive Officer of MORSE OPERATIONS, INC., & Florida corporation, on behal£ o~ the corporation. He (~___) is ~ersonally known.to me or (. ) has produced a Florida Dr~ver'o License as identification. Hy oonun~se~on expirest Notary Public, State of Florida TO: D~AR~~ MANAGER FROM: ~~ SUBJECT: MEETING OF MARCH 18, 1997 **CONSENT AGENDA** ABANDONMENT OF A PORTION OF DIXIE HIGHWAY AND ACCEPTANCE OF A PUBLIC UTILITIES EASEMENT The action requested of the City Commission is approval of the proposed abandonment of a portion of additional right-of-way for Dixie Highway, and acceptance of a public utilities easement. The subject right-of-way is located on the east side of Dixie Highway, south of Linton Boulevard. The area proposed for abandonment is the eastern 26 feet of the reserved right-of-way for Dixie Highway, which runs along the western property line of Morse Body Shop. The right-of-way was dedicated by the Alden Subdivision in October, 1972, and is unimproved. The property owner of Morse Body Shop has requested the abandonment in order to expand the facility. The public utilities easement is required to cover an existing force main, and is located in the north 13' of the abandonment area. The Planning and Zoning Board considered this request at its meeting of July 15, 1996. The Board unanimously recommended approval on a 6-0 vote. Conditions of approval included provision of a FPL easement, as requested by the utility company, and an easement to cover an existing force main. The City Engineer has reviewed the easement to the city and has no objections. The Assistant City Attorney has also reviewed the proposed force main easement and has indicated that "public utilities" City Commission Documentation Abandonment of Dixie Highway Right-of-Way Page 2 should be utilized on the easement deed rather than limiting it to only a water main. The applicant has made the changes as requested by the Assistant City Attorney. I-I By motion, approve the abandonment of the right-of-way through the enactment of Resolution 21-97 and accept the public utilities easement. Attachments: Location Map · Reduced Survey- Revised · Easement Deed · Planning and Zoning Staff Report u:\graha mc\ccdoc\morsecc.doc PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 15, 1996 AGENDA ITEM: V.B. ITEM: Abandonment of the east 26 feet of Dixie Highway, adjacent to the Ed Morse Toyota Used Car Sales Facility, located at the northeast comer of Dixie Highway and Fladell's Way. LIN TON BOULEVARD OELRA Y INDUSTRIAL PARK GENERAL DATA: SOLID WASTE Owner ............................. Morse Operations, Inc. TRA,,~R Agent .............................. Kurt S. Harmon, Esq. Location .......................... Northeast corner of Dixie Highway and Fladell's Way (Avenue F) MERCURY Property Size .................. 0.179 Acre Future Land Use Map ..... General Commercial DA~ Current Zoning ............... AC (Automotive Commercial) PARK Adjacent Zoning .... North: AC ED M~S~ East: AC South: AC West: OSR (Open Space and Recreation) Existing Land Use .......... Unimproved right of way PON~AC Proposed Land Use ........ Abandonment of a 26 ft. portion of right-of-way for Dixie Highway eA.~'~LL SO~OOL ED MORS~ USED CARS to accommodate the expansion of an existing paint & body shop. Water Service ................. Existing on site. Sewer Service ................ Existing on site. DELRA Y TOYOTA MO~ILE HOMES HONDA The item before the Board is that of a recommendation to the City Commission for the proposed abandonment of a portion of additional right-of-way for Dixie Highway, located within the Alden Subdivision. The subject right-of-way is located on the east side of Dixie Highway, south of Linton Boulevard. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The area proposed for abandonment is the eastern 26 feet of the '106 foot Dixie. Highway right-of-way of additional right-of-way for Dixie Highway, which runs along the western property line of Morse Body Shop. The right-of-way was dedicated by the Alden Subdivision in October, 1972, and is unimproved. The property owner of Morse Body Shop has requested the abandonment in order to expand the facility. A site plan to incorporate the area as the required landscape buffer area along Dixie Highway Js being reviewed. The subject right-of-way is Zi feet in width and ~00 feet in length (approximately ?,800 sq. ft. or .179 acre). Pursuant to LDR Section 2.4.6(O)(1), public property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels when abandoned. However, only the eastern 26 feet of the 106 feet of right-of-way is proposed for abandonment to allow installation of landscaping and a proposed drive in conjunction with the expansion of the Morse Body Shop. Further, as the entire right-of-way proposed for abandonment was dedicated by the Alden Subdivision, the 26 feet will revert to the owner of the Morse Body Shop. An overhead utility line exists along the eastern boundary of the proposed abandonment area. BellSouth has indicated that a BellSouth manhole and conduit run is located within approximately 20' of Dixie Highway, however, there is no objection to the abandonment. Florida Power and Light Company has indicated that the proposed abandonment would affect an existing feeder route and that proper easements must be provided to cover these existing facilities. The agent has indicated that any required easements will be accommodated by special instrument. The provision of adequate easement documents to cover the FPL facilities pdor to scheduling this abandonment before City Commission is attached as a condition of approval. All departments from the City have reviewed the proposal and no objections are noted. The Engineering Department has indicated it has no objection to the abandonment, however, additional location work will be required of the surveyor to determine if an existing force main encroaches into the area to be abandoned. If an encroachment exists an easement will be required. Additional location work by the surveyor to determine if the existing force main encroaches into the area is attached as a condition of approval. Planning and Zoning Board Staff Report Abandonment of a Portion of Old Dixie Highway (Morse Body Shop) Page 2 Dixie Highway south of Linton Boulevard is identified as a County collector in the Traffic Element of the Comprehensive Plan. The ultimate right-of-way in Table 4 of the Traffic Element is 80', which will accommodate a four-lane divided roadway. No plan,, to widen this section of Dixie Highway from the current two-lane facility is proposed in the near future. Currently along this property a total right-of-way width of 106' has been dedicated. If 26' is returned through the abandonment process the required 80' will remain. ............ .......... :: ................... ..................... ........... ........... ........ · ....... ,. ................................... , Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way Tot any public purpose. As the additional right-of-way is unimproved and there are no plans to widen Dixie Highway there is no need, nor will there be a need for the use of the right-of-way for any public purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. The right-of-way in question is unimproved and is located along the entire length of the Morse Body Shop. Morse Body Shop is accessed from Federal Highway and from Dixie Highway. Abandonment of the subject right-of-way will not prevent access to any lots of record. C) That the abandonment will not result in detriment for the provision of access and/or of utility services to adjacent properties or the general area. No access is taken from the subject right-of-way. The agent has agreed to provide any necessary easements to cover the FPL facilities. Should the additional location work required of the surveyor indicate the existing force main encroaches into the subject abandonment area, an easement will need to be provided to cover this area. With the required easements in place, no detriment will result in the provision of the above services. t~:::::~:~.::::~.~:::::.:~.>.:~'~'~ ~'~'~ :*'"'~ ~::~:~*~="~'~ ~:~'='~':'~'<':~:'~"~<'~:~:~ ~'~'~' **~ ~ ~ ~:::~: ~:~:~ ~:~:~:~ "'~ ~::::::::::::::::::::::::::::::::::::::: *'*::~:*'" '*:~* *" * ~:~:" ' '*:~'~"' *" "='~ '":" ~::~i ~'~'' '''' ~':::"~:'"-~'~:A~'"~'~:'=;:~ ~1 ': '~ ~'~'~:::'"'~:~'='i~';~A~:'=':~<'~'~:"~ ~'::~'~'"~':::~:"'~;~:~:'::~::~:':':~::: ~;~:~;:~: ~;;;:' As the subject right-of-way is unimproved and there are no plans to widen Dixie Highway, its intended use is limited. By abandoning the area to private interests, the property will be improved upon and properly maintained. In order to abandon the additional right-of-way an easement must be provided to accommodate the existing FPL feeder route. Additional location work will be required of the surveyor to determine if an existing force main encroaches into the subject abandonment area. A revised survey showing the utility easement and easement documentation must be provided prior to City Commission action on the abandonment. Planning and Zoning Board Staff Report Abandonment of a Portion of Old Dixie Highway (Morse Body Shop) Page 3 1. Continue with direction. 2. Recommend approval of the abandonment based on positive findings with respect to LDR Section 2.4.6(0)(5), subject to conditions. 3. Recommend denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). By motion, recommend approval of the abandonment the eastern 26 feet of the 106 feet of right-of-way for Dixie Highway based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1. That a utility easement be provided to cover existing and future BellSouth and FPL facilities. 2. That additional location work be required of the surveyor to determine if an existing force main encroaches into the subject abandonment area, and if it does, that an easement be provided to cover the encroachment into the subject abandonment area. 3. That a revised survey showing the utility easement and easement documentation be provided prior to scheduling the abandonment for City Commission. Attachment: E3 Location Map & Reduced Survey MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERial SUBJECT: AGENDA ITEM # ~.J° - MEETING OF MARCH 18, 1997 RESOLUTION NO. 22-97 DATE: MARCH 14, 1997 This is a resolution assessing costs for abatement action required to remove nuisances on 41 properties located throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 22-97 assessing costs for abating nuisances on 41 properties within the City. RESOLUTION NO. 22-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will 2 - Res. No. 22-97 accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1997. MAYOR ATTEST: City Clerk - 3 - Res. No.22-97 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, LT 3, ROBERT G. ALLEN & $ 61.00 BLK 47, PB 1, P 3, PATRICIA ALLEN 70.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (206 SW 2ND AVENUE) PRIESTS ADD TO ATLANTIC WILLIE BALAM $ 35.00 PARK GARDENS, PB 23, 150 SW 14TH AVENUE 70.00 (ADM. COST) P 70, PUBLIC RECORDS DELRAY BEACH, FL 33444 OF PALM BEACH COUNTY, FL (148150 SW 14TH AVENUE) TOWN OF DELRAY, LT 23, GRACE BARNETT $ 61.00 BLK 23, PB 10, P 69, 1401 39TH STREET 70.00 (A/DM. COST) PUBLIC RECORDS OF PALM WEST PALM BEACH, FL 33407 BEACH COUNTY, FL (509 SW 3RD STREET) DELRAY MANOR ADD TO ALPHONS J. & FERN BONET $ 57.00 TO DELRAY, LTS 45 & 46, 413 SW 10TH STREET 70.00 (ADM. COST) PB 12, P 59, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (SW 9TH COURT) SUB OF N 1/2 OF SE 1/4 JAMES & HATTIE BROWN $ 85.00 OF SE 1/4 OF SW 1/4, 802 SW 3RD STREET 70.00 (ADM. COST) UNREC LT 1, PB 1, P 3, DELRAY BEACH, FL 33444 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (802 SW 3RD STREET) TOURIST NOOK DELRAY, RUSSELL E. BROWN $ 53.00 LOT 21, BLK B, PB 11, c/o JUNE DIMON 70.00 (ADM. COST) P 47, PUBLIC RECORDS OF 9720 WILLOW ROAD PALM BEACH COUNTY, FL WILLIS, MI 48191-9727 (NW 8TH AVENUE) PRIESTS ADD TO ATLANTIC VIRGINIA BRYANT $ 30.00 PARK GARDENS, LT 1, 203 SW 14TH AVENUE 70.00 (ADM. COST) BLK 4, PB 23, P 70, DELRAY BEACH, FL 33444 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (203 SW 14TH AVENUE) - 4 - RES.NO. 22-97 ROSEMONT GARDENS, UNIT A, ALBERTO F. BUSBY & $ 35.00 LT 14, BLK 1, PB 29, GWENDOLYN J. BUSBY 70.00 (ADM. COST) P 118, PUBLIC RECORDS PO BOX 594 OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33425 (332 SW 8TH AVENUE) MONROE SUB, LT 23, DOROTHY J. BUTLER & $ 35.00 BLK 12, PB 14, P 67, PAUL JONES, JR. 70.00 (ADM. COST) PUBLIC RECORDS OF PALM 1117 SW 8TH STREET BEACH COUNTY, FL DELRAY BEACH, FL 33444 (620 NW 1ST STREET) TOWN OF DELRAY, S 67.1' JULES A. CADET $ 60.00 OF N 142.1' OF W 130.44' 128 NE 54TH STREET 70.00 (ADM. COST) OF E 155.44' OF E 1/2 MIAMI, FL 33137-2416 OF S 1/2 OF BLK 4, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (14 NW 7TH AVENUE) POINCIANA HEIGHTS OF CARTERET SAVINGS BANK $ 61.00 DELRAY BEACH, LT 24, c/o SPEAR & HOFFMAN 70.00 (ADM. COST PB 26, P 245, PUBLIC 700 S. DIXIE HWY #2 FLOOR RECORDS OF PALM BEACH CORAL GABLES, FL 33146 COUNTY, FL (332 NW llTH AVENUE) PRIESTS ADD TO ATLANTIC CHARLES D. CLINTON & $ 25.00 PARK GARDENS, LT 19, CARRIE Mo CLINTON 70.00 (ADM. COST BLK 2, PB 23, P 70, 132 SW 14TH AVENUE PUBLIC RECORDS OF DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (SO. OF 132 SW 14TH AVE VACANT LOT) PT OF SUB OF BLK 64 JESSIE C. GARZA & $ 56.00 DELRAY BEACH, LT 13, JUANITA L. GARZA 70.00 (ADM. COST PB 20, P 39, PUBLIC 333 SW 1ST AVENUE RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 COUNTY, FL (333 SW 1ST AVENUE) SUB OF SEC 20-46-43, GLENN R. HAGGERTY & $ 77.00 S 79.82' OF N 247.82' PATRICIA B. HAGGERTY, TRS 70.00 (ADM. COST OF E 1/2 OF W 1/2 OF 862 SW 21ST LANE LT 30, LYG EAST OF BOCA RATON, FL 33486 GERMANTOWN RD (LESS E 30' OF SW 10TH AVE IN PB 72, P 142), PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1113 WALLACE DRIVE) - 5 - RES. NO. 22-97 ESQUIRE SUB, E 200' GLENN R. HAGGERTY $ 69.00 OF LT 16, PB 23, P 43, 862 SW 21ST LANE 70.00 (A.DM. COST PUBLIC RECORDS OF PALM BOCA RATON, FL 33486 BEACH COUNTY, FL (1036 SW 9TH AVENUE) SOUTHRIDGE, LT 22, VALERIE C. HAMMOND $ 61.00 BLK 1, PB 13, P 38, 11610 CEDER CREEK RD. 70.00 (ADM. COST PUBLIC RECORDS OF PALM LOUISVILLE, KY 40229-3703 BEACH COUNTY, FL (REIGLE AVENUE) TOWN OF DELRAY, S 37.5' RUBY L. HARRIS $ 61.00 OF N 75' OF W 130.44' c/o P.C. WELLS 70.00 (ADM. COST) OF E 155.44' OF E 1/2 7012 SUNNYSIDE LANE OF S 1/2, BLK 4, PB 1, FT. WASHINGTON, MD P 3, PUBLIC RECORDS OF 20744-4325 PALM BEACH COUNTY, FL (NW 7TH AVENUE) WILLIAMS SUB, LT 2, ARNETTA HAYWOOD $ 25.00 PB 24, P 239, PUBLIC 325 ROOSEVELT AVE. 70.00 (ADM. COST RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 COUNTY, FL (236 SW 15TH AVENUE) WILLIAMS SUB, LT 4, ARNETTA HAYWOOD $ 24.00 PB 24, P 180, PUBLIC 325 ROOSEVELT AVE. 70.00 (ADM. COST RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 COUNTY, FL (228 SW 15TH AVENUE) TOWN OF DELRAY, S 73.5' EMMALINE HEASTIE $ 23.00 OF LT 11 & LT 12 OF 120 SW 3RD AVENUE 70.00 (ADM. COST PB 1, P 3, PUBLIC RECORDS DELRAY BEACH, FL 33444 OF PALM BEACH COUNTY, FL (120 SW 3RD AVENUE) TOURIST NOOK DELRAY, FRANCO JEAN $ 48.00 LTS 29, BLK A, PB 11, PO BOX 2514 70.00 (ADM. COST P 47, PUBLIC RECORDS DELRAY BEACH, FL 33444 OF PALM BEACH COUNTY, FL (248 NW 9TH AVENUE) TOWN OF DELRAY, N 50' ADELENE JENKINS $ 61.00 OF S 356.4' OF E 135' 336 SW 5TH AVENUE 70.00 (ADM. COST OF BLK 24, PB 1, P 3, DELRAY BEACH, FL 33444 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (322 SW 5TH AVENUE) - 6 - RES. NO. 22-97 ATLANTIC PARK GARDENS LENNARD & MEARLENE JOSEY $ 25.00 DELRAY, LT 19, BLK 4, 505 SUNSET ROAD 70.00 (ADM. COST PB 14, P 56, PUBLIC BOYNTON BEACH, FL 33435 RECORDS OF PALM BEACH COUNTY, FL (226 & 228 SW 12TH AVE) DELRAY BEACH HIGHLANDS ROGER J. KANE $ 45.00 SEC 2, LT 8, BLK 5, 2132 SW 13TH STREET 70.00 (ADM. COST PB 27, P 14, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (2132 SW 13TH STREET) TOWN OF DELRAY, N 50' OF ALAN KLASFELD, TR $ 77.00 W 135' OF BLK 20, PB 1, 701 NW 13TH STREET #B1 70.00 (ADM. COST P 3, PUBLIC RECORDS OF BOCA RATON, FL 33486 PALM BEACH COUNTY, FL (516 NW 1ST STREET) DELRAY SHORES, LT 12, MILDRED V. KURTZ & $ 15.00 BLK 2, PB 24, P 233, HENRY A. KURTZ 70.00 (ADM. COST PUBLIC RECORDS OF c/o SAMUEL KURTZ PALM BEACH COUNTY, FL 622 DAVIS ROAD (622 DAVIS ROAD) DELRAY BEACH, FL 33444 DELRAY MANOR ADD TO LOUIS V. LAJEUNE & $ 15.00 DELRAY, LT 18, PB 12, WALKY DELVA 70.00 (ADM. COST PB 12, P 59, PUBLIC 501 SW 10TH STREET RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 COUNTY, FL (501 SW 10TH STREET) TOWN OF DELRAY, N 58' IVERSON LASTER $ 61.00 OF S 312.12' OF E 135' PO BOX 1225 70.00 (ADM. COST BLK 10, PB 11, P 3, BOYNTON BEACH, FL 33425 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (NW 6TH AVENUE) SOUTHWERK AT THE TABARD LUZER ELECTRIC, INC. $ 250.00 PLAT, LT 2, OLD SCHOOL 3371 NW 154TH TERRACE 70.00 (ADM. COST SQUARE HISTORIC DISTRICT MIAMI, FL 33054-2465 PB 10, P 47, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (15 NW 2ND STREET) DEL IDA PARK, N ELY 10' ROGER MILLS $ 25.00 OF LT 16 & LT 17, BLK 5 518 NE 2ND AVENUE 70.00 (ADM. COST) (DEL IDA PARK HISTORIC DELRAY BEACH, FL 33444 DISTRICT), PB 9, P 52, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (518 NE 2ND AVENUE) - 7 - RES. NO. 22-97 TOWN OF DELRAY, LTS 14 & AMERICAN LEGION #65 $ 50.00 15, LESS E 5' SR R/W, c/o MILTON MYERS 70.00 (ADM. COST BLK 106, PB 1, P 3, PO BOX 1365 PUBLIC RECORDS OF 263 NE 5TH AVENUE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 (NE 6TH AVENUE) TOWN OF DELRAY, LT 25, WILLIAM PLUMMER, ET AL $ 77.00 PB 10, P 69, PUBLIC 329 LINCOLN LANE 70.00 (ADM. COST RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 COUNTYY, FL (SW 6TH AVENUE) TOWN OF DELl{AY, N 40' WILLIAM PLUMMER, ET AL $ 61.00 OF S 190' OF W 135' OF 329 LINCOLN LANE 70.00 (ADM. COST BLK 21, PB 1, P 3, DELI{AY BEACH, FL 33444 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (33 SW 6TH AVENUE) TOWN OF DELRAY, W 55' MARIE QUINCE $ 61.00 OF LTS 11 & 12, BLK 23 506 SW 14TH AVENUE 70.00 (ADM. COST PB 10, P 69, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (SW 3RD STREET) TOWN OF DELRAY S 40' DELORES RIGGINS $ 61.00 OF N 256' OF E 135' 6395 SEMINOLE CIRCLE 70.00 (ADM. COST OF BLK 31, PB 1, P 3, LANTANA, FL 33462-2295 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (220 SW 4TH AVENUE) TOURIST NOOK DELRAY, DELVERNA C. RILEY $ 61.00 BLK B, PB 11, P 47, 706 PLACE TAVANT 70.00 (ADM. COST) PUBLIC RECORDS OF DELRAY BEACH, FL 33445 PALM BEACH COUNTY, FL (NW 8TH AVENUE) TOWN OF DELRAY, N 37'5 ERVIN ROBERTS $ 69.00 OF W 130.44' OF E 155.44' 935 39TH COURT 70.00 (ADM. COST OF E 1/2 OF S 1/2, WEST PALM BEACH, FL 33407 BLK 4, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (NW 7TH AVENUE) ATLANTIC GARDENS DELRAY, P. & GENEVA ROBINSON & $ 35.00 LT 6, BLK 9, PB 14, P 63, E. & DELROIS JOHNSON, JR. 70.00 (ADM. COST PUBLIC RECORDS OF PALM 322 NW 3RD STREET BEACH COUNTY, FL BOYNTON BEACH, FL 33445 (SW llTH AVENUE) - 8 - RES. NO. 22-97 TOWN OF DELRAY, S 50' RPI MANAGEMENT, INC. $ 77.00 OF N 250' OF E 135' OF PO BOX 110637 70.00 (ADM. COST) BLK 13, PB 1, P 3, MIAMI, FL 33111-0637 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (20 SW 6TH AVENUE) RESUB OF BLK 29, CHARLIE TERRY $ 69.00 DELRAY BEACH, LTS 28 & 39 SW 9TH AVENUE #3 70.00 (ADM. COST) 29, PB 9, P 66, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (95 SW 5TH AVENUE) ROSEMONT PARK DELRAY, LOUISE WALLS $ 25.00 LT 24, BLK 2, PB 13, 702 SW 4TH AVENUE 70.00 (ADM. COST) P 60, PUBLIC RECORDS DELRAY BECH, FL 33444 OF PALM BEACH COUNTY, FL (702 SW 4TH AVENUE) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. - 9 - RES. NO. 22-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~'~' - MEETING OF MARCH 18, 1997 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MARCH 14, 1997 Attached is the Report of Appealable Land Use Items for the period March 3 through March 14, 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 IHRU: R DEPARTMENT OF PLANNING'AND-ZONING FROM: /0ASMIN ALLEN, PLANNER SUBJECT: MEETING OF MARCH 18, 1997 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MARCH 3, 1997 THRU MARCH 14, 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 March 3, 1997 through March 14, 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 March 18, 1997 Page 2 A. Approved (4 to 0, Little stepped down; Andrews and Pakradooni absent), a flat wall sign for Dentaland - The Plaza at Delray), located at the northwest corner of Linton Boulevard and Federal Highway. B. Approved (5 to 0, with conditions), a minor site plan modification and landscape plan associated with the installation of a 35 space parking lot, new driveways and associated landscaping for Verzaal Farms a floral sales and delivery business. The subject site is located on the west side of North Federal Highway approximately 150 feet north of N.E. 14th Street. C. Approved (5 to 0), the architectural elevation plans associated with the construction of a 1,232 sq. ft. open-air pavilion at Lake Ida Church of Christ, located at the southwest corner of Lake Ida Road and Roosevelt Avenue. The associated site changes will be approved administratively as a non-impacting modification. 1. Approved (5 to 0, Hurlburt absent) with conditions, the Certificate of Appropriateness, a major site plan modification, landscape plan and architectural elevation plan for Bankers Row Grille, located on the east side of N.E. 1st Avenue, north of Atlantic Avenue. The development proposal involves the conversion and expansion of an existing commercial building to a restaurant with two residential apartments on the second floor. 2. Approved (5 to 0), the Certificate of Appropriateness to allow the replacement of a window with a sliding glass door on the south elevation and the enlargement of two windows on the north elevation for a proposed single family residence to be located at 225 Royal Court. City Commission Documentation Appealable Items Meeting of March 18, 1997 Page 3 No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF MARCH 18, 1997 L-30 CANAL i LAKE IDA ROAD r ...... NW ATLANTIC AVENUE LOWSON BOULEVARD LINTON BOULEVARD ! BOULEVARD L .... ~ ~ I I i i i ! ~ ~ i- ..... _i ~z ~ ? ~ L-58 CANAL C-15 CANAL c,Ty L,M,TS ........... S.P.R.A.B.' H.P.B.' A. - DENTALAND (THE PLAZA AT DELRAY) 1. - BANKERS ROW GRILLE B. - VERZAAL FARMS 2. - 225 ROYAL COURT i MILE I C. - LAKE IDA CHURCH OF CHRIST I SCALE CITY OF DELRAY BEACH, FL PLANNING DEPARTMENT -- DIGITA~ 8~S£ MAP SYSTEM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGER~ SUBJECT: AGENDA ITEM ~ ~.~ - MEETING OF MARCH 18, 1997 AWARD OF BIDS AND CONTRACTS DATE: MARCH 14, 1997 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Purchase award via State contract to Gateway 2000 for 6 personal computers for the Police Department, at a total cost of $23,238 from 334-6112-519-64.11. 2. Contract renewal via the City of Boynton Beach co-op bid to Chemical Lime Company for the purchase of bulk quicklime, at an estimated annual cost of $259,416 from 441-5122-536- 52.21. 3. Bid awards through the Community Development Block Grant Program; $15,708 to Intercontinental Construction Corp. for a housing rehabilitation project at 406 S.E. 5th Street; and $16,889.25 to Alpha South Construction for 808 S.E. 10th Avenue, from 118-1963-554-49.19. 4. Bid award to Walcott and Sons for lot clearing and mowing through the Code Enforcement nuisance abatement projects, at an estimated annual cost of $16,500 from 001-2741-524-34.30. 5. Bid award to Louis Bourg for Silver Terrace roadway and utility improvements, in the amount of $577,177.32 from 334-3162-541-61.20, 334-3162-541-61.17, 441-5161-536-63.47 through budget transfer from 441-5161-536-63.90, and a Federal Grant Fund in the amount of $200,000. Agenda Item No.: fi/--- / AGENDA REQUEST Request to be placed on: Date: March 6, 1997 _XX_Regular Agenda __Special Agenda __Workshop Agenda When: March 18, 1997 Description of agenda item (who, what, where, how much): Purchase award for (6) six personal computer's to Gateway 2000, via State of Florida Contract #250-040-96-1 for a total cost of $23,238.00. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Vendor: Gateway 2000,via State of Florida Contract #250-040-96-1 at a total cost of $23,238.00. F/mdinkrf:rom account code #334-6112x-519-64.11. Department Head Signa~e :~~/~/~~ ~~ Determination of Consistency w~'h~Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: (~/NO ~ Funding alternatives: .(if applicable) Account No. & Description: Account Balance: ~g") ~ t'z.7__. 8'7 3110[~50 City Manager Review: Approved for agenda: O'/~/ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: K. Butler, Buyer ~ THROUGH: Joseph SaUce Director DATE: March 6, 1997 SUBJECT: DOCUMENTATION- CITY COMMISSION MEETING - MARCH 18, 1997 - PURCHASE A WARD OF SIX (6) PERSONAL COMPUTER'S ~_,POLICE DEPT. Item Before Commission: The City Commission is requested to approve the award for the purchase of six (6) personal computer's to Gateway 2000, at a total cost of $23,238. 00. Backeroun& The Police Department is requesting to upgrade their existing IBM 3477 terminals of which quality is starting to degrade. The new PC's are essential for implementing digitized mapping. Funding for this equipment is budgeted in the Police Department FY 96/97 budget, Account #334-6112-519-64.11. The personal computer's is available for purchase utilizing the State of Florida Contract #250-040-96-1. Recommendation: The Purchasing Staff concurs with the recommendation to purchase this equipment from Gateway 2000 at a total cost of $23, 238. O0 Attachments Memo from Police Department Dated February 23, 1997 Pricing per State of Fla. Contract#250-040-96-1 cc: Jacklyn Rooney, Purchasing Supervisor Delray Beach Police Department Memorandum To: David Junghans Administrative Officer From: Assistant Director Tina L. Lunsford ~ Support Services Division Date: February 23, 1997 Subject: PC'S FOR COMMUNICATIONS Six (6) PC's were approved in the 96/97 Budget for $29,890, out of Repair & Replacement for Communications. I have keyed in the following requisitions without the account codes for Finance: $128~ Gateway 2000, $23,238.00. 51295 DataCom Distribution Inc. $1,270.00 for Token Ring adapters. The new digitized mapping that was purchased t~om H.T.E. requires PC's with large monitors to implement the software. Currently IBM 3477, non-intelligent terminals, purchased 1989 with the original system are being used in Communications and their quality is starting to degrade. With the purchase of the new PC's six of the existing 3477 terminals in communications could be used in other areas of the department to replace existing monochrome monitors. These PC's are essential if we are going to implement digitized mapping. Attached you will find a copy of the bid f~om Gateway 2000, which must accompany the purchase order to Gateway. Ail items are on State Contract #250-040-96-1. Please approve and forward to Finance for approval. Your assistance is greatly appreciated. GATEWAY 2000 2/10/97 SPURS/f: 421249184-200 STATEWIDE SUPPORT LEVEL I & II STATE OF FLORIDA CONTRACT #250-040-96-1 P$-200 Pro wi MMX Technology FEATURES DRIVE OPTIONS n Intel200MHzP~tm~Processorw/MMXTeehnology 1.0GBEIDEDfive ............................................... subtract. $ 115 · 32MBSDRAMD~~leto64MB~--'~- - 2.0GBla]DEDrive ............................................... subtrac~.$ 65 · 256KB Pipeline Burst SRAM Cad~ 2G-B Seagate SCSIDrive with · Vivih-o~700Monitcn(15.9"viewable) Adaptee2940PCISCSIAdat~ ............................ add: $ 210 · ATIPCI local-bus grat~ca acceler'dor with 2MB SGRAM 4GB Seagate SCSIDrive with · 3.0GB llmsEIDEHardDdve Adap~ 2940 PCI SCSI Adapter ............................... add: $ 710 · 3.5" 1.44MB Diskette Drive VIDEO OPTIONS · 12X CD-ROM Cry~Scanl4Monitc~13.4"viewable) ............. subtract:. $ 360 · SloL~: three32-bitPC~two 16-bitISA, onePCI/ISA Crystal~Monit~13.9"viewable) ........... subtra~. $ 295 · Mini Tov~x~ Cry~Scan700Monito~lS.9" viewable) .......... subtract. $ 130 · 104+~ Vivit~xn~500Mc~itc~(13.9" view-able) ................. subtract. $ 245 · MS Intelh~ouse and Crateway Mouse Pad Vivitronll00Monit~lg.7'viewable) ...................... add: $ 710/ · Windov~ 95 and MS Office 97, SBEplus, onCD PCI1MBDRAMCn~hicsA~celen~or ............. ~btrac~. $ 55 OR PCI 2MB WRAM G-raphica Accel~x~ ................... add: $ 60 Windows 95 and MS Office 95, Professional Edition, on PCI 4MB WRAM Otap~ca Aecelerator ................... add: $ 145 ~ CD MULTIMEDIA OPTIONS OR lvl~_iX)S6.22/MSW.mdowsforWtnkgroups3.11 andMS,/_ ReeordableCD-ROM(w/SCSIcxatmller) .................. add: $ 399 8X SCSI CD-ROM(wfSCSI eoraroller) ...................... add: $ 125 Office Professional 4.3 on CD, Bookshelf'94 and Money Sound Blaster or Ensoniq Audio Kits 3'0(Or&rmmtsPedfYd~°ice°f°Pemth~gsYstemand withAlte~ACS-41 ...................................................... c~/_.d: $ 90 applicationsofiware) withAlteeAcs-41 w/Subwoofer .............................. add: $ 165 · Gateway Gold Service and Support with Altec ACS-410 w/ Subwoofe~ ............................. add: $ 210 $2480 DELIVERED PERIPHERALS Desktop Case ................................................................ add: $ N/C SOFTWARE OPTIONS Tow=Case ................................................................... add: $ 35 Substitute one of the following for MS Office 97, SBE plus, on TdePalh 33.6 Dala/14.4 Fax Modam for Windows* ........a~.$ 79 CD: TelePath 33.6 Data/14.4 Fax Modem* ..................... add: $ 89 G-enetafiona III Software Collection(Windows 95 only) 3COM ISA ~ TP/Cambo ................................ ad_d: $79/99 (ask your sales representafive for details) ............ add: $ N/C t 3COMPCI10/100TwistedPairEthemet ......... ad~ $ 149 MS Office 95, Profesaional Edition on diskette ........add: $ 100 SMCPCI10/100TwistedPairEthemet. ................... add: $ 129 MS Ottice 97, Professional Edition on CD ................ add: $ 29 ) SMCISAF_3.hemetTP/Ccmbo ................................... o&J.: $59/79 MS Office Professioml 4.3 and Money 3.0 SMC PCI Twisted Pair/BNC Ethernet ~ ........ _._r~___: $ 109 onff~skette ............................................................ add: $ 100 t OlicomPCITok~tRing .............................................. add: $ 279 To~pgradetoWindowslXTTWmkstafion3.51 ~4.0fixxn PCMCIA Card Reader ................................................ add: $ 159 Windows95 ...................................................................... add: $99 IOMEGA Intemal Zip Drive w/3 Zip Disks .............. add: $ 139 office Profeaslona197 val be avalahle a~ an upgrade for ~2~ from IOMF~A 1OB JAZ Ddve(w/SCSI ec~dxuller) ............ ~dd: $ 429 February3rd through February 23rd. Orders received on and after IOMEGA External ZIP Drive ..................................... add_: $ 199 February 24th, the upgrade price for ~ Profes~onnl 9'7 w~ become Szeg.0~ IOMEGA 3. 2GB TBUwith Tape ............................... add: $ 199, (Pim~: Waxk~wsl~ 351or 4.0isa32BitOlxan~ingsystansd~sign~ /TR4SCSITBUandTape(w/SCSIcca~ulle~) ............ add: $ 329 forbusin~applicafions. Ask your sal~ n~x~a~/iv~ for ~nwte~ on I.~P=SMBRAM~ ...................................... add: $ 60 *Limited upgrades and downgrades wi~h W'mdows 1NT. Note: Opened,software cannot be retwned for credit except when ~e system SERVICE CratewayGoldPmmium ............................................. ..__,j&J: $ 99~ Gateway Gold m-site system immllafion .................. add: $ 129 *When !~ an order ileaae retnm tl~ apec sheet wlth yonr parclmae order. 02/10/97dsh 610 Gateway Drive * P.O. Box 2000 + Noxlh Sioux City, South Dakota 57049 Agenda Item No. : d~--~. AGENDA REQUEST Date: 'March 11~ 1997 Request to be placed on:, X Regular Agenda Special Agenda Workshop Agenda When: March 18, 1997 Description of agenda item (who, what, where~ how much): Contract Renewal for the purchase of Bulk Quicklime with Chemical Lime Company, at an estimated annual cost of $259,416, via the City of Boynton Beach Co-op Bid #034-134-97/SP ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Renew contract with Chemical Line Company for the purchase of Bulk Quicklime via the City of Boynton Beach Co-op Bid #034-134-97/SP, at an estimated annual cost of $259.416. Determination of Consistency ' ' : City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~YES~/ NO . , .~ Funding alternativeS: ~1~5~%~ ~.~r~(~:~a ~ (if applicable) ~__~,; Account No. & Description: ~k~1~-~1~-~-'~3~.~3~-2~ ~%'~ C~,~w~',C~i~ Account Balance: :~ ~1.~ V~flq ~1~. City Manager Review: Approved for agenda~: ~/ NO ~Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney,.Purchasing Supervisor ~ THROUGH: Joseph ce Director DATE: March 11, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MARCM 18, 1997 - CONTRACT RENEWAL - BID #034-134-97/SP BULK QUICKLIME - CO-OP BID Item Before Commission: The City Commission is requested to approve the renewal of the contract with Chemical Lime Company, for the purchase of Bulk Quicklime, at an estimated annual cost of $259,416. Background: The City of Boynton Beach is the lead entity for this cooperative bid. The contract renewal was approved by the City of Boynton Beach Commission meeting of March 4, 1997. See attached memo dated March 5, 1997, to Chemical Lime Company from City of Boynton Beach. The vendor, Chemical Lime Company, has agreed to the renewal of this co-operative bid, per attached letter dated February 11, 1997. The Manager of Water Treatment Plant has approved the renewal of this contract. Recommendation: Staff recommends the renewal with Chemical Lime Company for the purchase of Bulk Quicklime via the City of Boynton Beach Co-op Bid #034-134-97/SP at at an estimated annual cost of $259,416. Funding from account #441-5122-536-52.21. Attachments: Letter Dated 03/05/97 From City of Boynton Beach Commission Agenda Dated April 30, 1996 cc: Don Haley, Manger Water Treatment Plant The Cit of Borvnton Beach Purchasing Department !00 E. Boynton Beach Boulevard P.O. Box Bo. ynton Beach, Florida 33425-0310 Telephone No: (561) $ 75.6520 FAX: (561) 375-6306 March 5, 1997 CHEMICAL LIME COMPANY OF ALABAMA, INC. P.O. BOX 1137 MULBERRY, FL 33860 REFERENCE: CO-OP BULK QUICKLIME - BID NUMBER: 034-134-97/SP ANNUAL CONTRACT PERIOD: MAY 15~ 1997 TO MAY 14~ 1998 Dear Representative: At the City Commission meeting of March 4, 1997, the bid for CO-OP BULK QUICKLIME, as per the same terms and conditions, was extended to your company. We would like to thank you for extending the bid for another year, If you have any questions, please feel free to call this office (561) 375-6322. Sincerely, /////Lana M. Ko~ster ,'.," / Purchasing ~ sp c: Central File File Bob Kenyon-Utilities Chester Cetlinski-Acme Improvement District Jacklyn Rooney-City of Delray Beach Tom Anderson-City of Lake Worth Nora Laudermiik-City of West Palm Beach Bryan Gayoso-South Central Regional WWP Jack Lee-Town of Highland Beach F~B-i2-1997 09:56' CLC MULBERRY 941 425 0686 P.02 1 CHEMICAl- LIME February I 1, 1997 City of Boynton Beach Purchasing Department ARm Lana M. Koester P.O. Box 310 Boynton Beach, FL 33425-0310 Dear L~na, I have received your request for extension of the Co-op quicklime bid for the following cities and or plants: Boynton Beach, Acme Improvement District, Highland Beach, Lake Worth, South Central Regional Wastewater, West Palm Beach, and Delray Beach. Attached you will find your extension request agreeing to extend and the required insurance forms. Thank your for your business. We look forward to servicing the Co-op with quicklime through the extended period &May 14, 1998. If there is anything els~ you need, pleas~ do not hesitate to give me a call. Sincerely, Mark Milner Business Development Manager C}IEMICAL LiME COMe'ANY 701 ~$r BAY $'I'RE~T }>C.C BOA 10lO [~).{ARLESTON. SOUTH CAROLI~'A 20403 (803) 724-3445 F~x (803) 72a-3446 FEB-12-199? 09~57. CLC MULBERRY 941 425 0686 P.03 NAM~ OF SZD: oO-O~ BU'I,~Q, UZCKT.,I.q~ 'grD#: 040-134-96/C~D Agreement between the C£t¥ of Boynton Beach, Owner; and (Company's Name) contract Kenewal Period: I~AY 15. I~7~_MAY 14. .... Yes Yes, I agree to re~lew existing contrac~ under the same Terms and Conditions. and agre~ %0 submi% a certificate of insurance along wi%h this agreement and will name the Ci%y of &~ditional insured. NO, I dO not wi~h to renew the contract at this time. Chemical Lime Compan_y_. ~, .~/~ ~,, . NAME OF COMPA/~Y SIGNATURE Mark Milner Business Development Mgr NARE OF REPRESENTATIVE TITLE (please Drint) (800) 695-5657 Febr~'~r¥ lZ, 1997 (94)) 4~5-1544 DATE (AREA COD~) + TELEFHONENU~EK A~R-30-'96 TUE'14,:~?'ID~DELRAY ENU. 5ERUICES TEL N0:407-~45-7060 ~609 PO1 TO: Sackie Rooney, Senior Buyer FROM: Don Haley, Manager WTP SUBJECT: BID AWARD RECOMMENDATION_ :_DULK LIME DATE: April 30, 1996 I have reviewed the bid documonts and specffication re/alive to supplying the WTP with bulk lime. Per Bid/1041-134-96, I rc.c, onmmml award of conlracl to low bidder, Cl~mlcal Lime Company; in thc estimal~l annual mount off $259.416.(}0 (2,700 tons at $96.08 per ton). Please prepare thc appropriate documents so that this item can be placed on the City Commission agenda of May 7, 1996. Thank yon DH:gl William Greenwood Richard Hasko AGENDA REQUEST Request to be placed on: Date: March 10, 1997 __ Regular Agenda Special Agenda __ Workshop Agenda xxxx Consent Agenda When: March 18, 1997 Description of item (who, what, where, how much): CASE// ADDRESS GRANT AMOUNT 94-023HR 406 S.E. 5th Street $15,708.00 95-032-HR 808 S.l~, 10th Avenue $16,889.25 (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of Community Development Block Grant__ Program Housing Rehabilitation Grant Awards and Contract Award(s) from Account__ # 118-1963-554-49.19 grant amount includes contingency. (Example: Recommend approval with funding from Special Events Account No. 001- 3333-555-44.55). Department Head Signature. ~ -~~~__~t ~ City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding available O [_..~ / ! 7 Funding Alternatives: .(if applicable) Account No. & Descrip~tion: Account Balance: J} ~' ~; O qo, 5-w> City Manager Review: Approved for agenda 0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH: Joseph Sa~~inance Director FROM: Jacklyn Rooney, Purchasing Supervisor DATE: March 12, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MARCH 18, 1997 - BID AWARD - BID #97-14 HOUSING REHABILITATION PROGRAM Item Before Commission: The City Commission is requested to make award to low bidders, as listed below, at a cost of $32,597.25 which includes contingency. Background: The Community Development Division handles and processes their formal bids on housing rehabilitation projects, with funding from their housing rehabilitation budget. Property: Contractor: Amount: 406 S.E. 5th Street Intercontinental Const. $15,708.00 808 S.~. 10th Avenue Alpha South Construction $16,889.25 Recommendation: The Purchasing Office concurs with the recommendation to award to the low bidder(s) as outlined above from account's 118-1963-554-49.19. Attachments: Memorandum from Community Development Bid Information Sheets cc: Lula Butler MEMORANDUM TO: David Harden, City Manager FROM: Michael Simon, Acting Community Development Coordinator ~ THRU: Lula Butler, Community Improvement Director [j~/~ DATE: March 10, 1997 SUBJECT: Community Development Block Grant Program Activities Housing Rehabilitation Grant Awards ITEM BEFORE THE COMMISSION This is to request approval for two Housing Rehabilitation Grant Awards. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidders plus a 5% contingency. The contingency may be used for change orders and all unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATION Staff recommends awarding the bids for two Housing Rehabilitation projects to the verified low bidders and authorizes the award of the Community Development Block Grant funds for the following: CASE# ADDRESS GRANT AMOUNT 94-025-HR 406 S.E. 5th Street $15,708.00 95-032HR 808 S.W. 10th Avenue $16,889.25 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 97-014HR APPLICANT: Mary Prado APPLICATION #: 97-014HR PROJECT ADDRESS: 406 S.E. 5th Street DATE OF BID LETTERS: February 12, 1997 DATE OF BID OPENING: February 24, 1997 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ 16,065.00 CRAFTMAN PLUS, INC. $ 18r~60.00 DAKOTA CONSTRUCTION INC. $ A. F. DOZER, INC. $ 15~637.50 FIRST CHOICE CONTRACTORS $ 16~00.00 RAY GRAEVE $ .P. BUILDERS, INC. $ HENRY HAYWOOD $ INTERCONTINENTAL CONST. CORP. $ 14~960.00 EDWARD J. KAPLAN $ TOMMY PRESTON $ 17~820.00 SOUTH FLORIDA CONSTRUCTION $ 19~000.00 CONTRACTOR AWARDED CONTRACT: Intercontinental Construction Corp. BID/CONTACT AMOUNT: SL 14,960.00 COMMENTS: Bid awarded to low bidder. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 97-014HR APPLICANT: Carmen Correa APPLICATION #: 97-014HR PROJECT ADDRESS: 808 S.W. 10th Avenue DATE OF BID LETTERS: February 12, 1997 DATE OF BID OPENING: February 24, 1997 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ ALPHA SOUTH CONSTRUCTION $ 16~085.00 CRAFTMAN PLUS, INC. $ DAKOTA CONSTRUCTION INC. $ A. F. DOZER, INC. $ 21,822.50 FIRST CHOICE CONTRACTORS $ 19,470.00 RAY GRAEVE $ .P. BUILDERS, INC. $ HENRY HAYWOOD $ INTERCONTINENTAL CONST. CORP. $ 19,335.00 EDWARD J. KAPLAN $ TOMMY PRESTON $ 16,970.00 SOUTH FLORIDA CONSTRUCTION $ 21,450.00 CONTRACTOR AWARDED CONTRACT: Alpha South Construction BID/CONTACT AMOUNT: $_ 16~085.00 COMMENTS: Bid awarded to low bidder. Agenda Item No.: gL4 AGENDA REQUEST Request to be placed on: Date: March 11, 1997 _XX_Regular Agenda __Special Agenda Workshop Agenda When: March 18, 1997 Description of agenda item (who, what, where, how much): Bid award - Nuisance Abatements - Lot Clearing and Mowing - Bid #97-13 - to Walcott and Sons, at an estimated annual cost of $16,500.00. Annual Contract for Code Enforcement ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Walcott and Sons - Bid #97-13 - Annual Contract for lot clearing and mowing for Code Enforcement at an estimated annual cost of $16,500.00. Funding ~ipm2e°ntuntH~0a0d 1~ i2g7n4~t~i i-34 ~~~ Determination of Consistency wit~prehensive 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: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: K. Butler; Buyer. THROUGH: Joseph~'ffirr~--~~nce Director DA TE: March 11, 1997 SUBJECT: DOCUMENTATION- CITY COMMISSION MEETING - MARCH 18, 1997 - BID AWARD - BID #97-13 NUISANCE ABATEMENTS- (LOT CLEARING AND MOWING) Item Before Commission: The City Commission is requested to award the annual contract for the above referenced subject to the low bidder, Walcott & Sons at an estimated annual cost of $16,500.00. Background: Bids were received on February 28, 1997, from five (5) vendors, all in accordance with City purchasing procedures. (Bid #97-13. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Community Improvement Director and Code Enforcement Administrator have reviewed the bids and recommend award to the low bidder, Walcott and Sons, per attached memo dated March 3, 1997. Recommendation: The Purchasing Staff recommends award to low responsible bidder, Walcott and Sons, at an estimated annual cost of $16, 500. 00. Funding from department's operating budget account code #001-2741-524-34. 30. Attachments Tabulation of Bids Memo from Code Enforcement Administrator Dated 3/3/97 cc: dacklyn Rooney, Purchasing Supervisor Lula Butler, Community Improvement Director Richard Bauer, Code Enforcement Administrator MEMORANDUM TO: Jackie Rooney, Senior Buyer ,/ THRU: Lula Butler, Community Improvement Director~.~ FROM: Richard Bauer, Code Enforcement Administrator SUBJECT: BID 97-13, NUISANCE ABATEMENTS DATE: March 3, 1997 I recommend that we award subject bid to Walcott & Son in its entirety. Mr. Walcott is currently our vendor and does an excellent job at a reasonable price. RB:mh CITY OF DELRAY BEACH TABULATION OF BIDS NUISANCE ABATEMENTS LOT CLEARING AND MOWING BID # 97-13 February 28, 1997 Walcott & Son RPMS Co. Inc. Tare Landscape Kemp Services, Item/Description [ Inc. Category I - Mowing Vacant And Occupied Lots: 1. Lots up to 4,000 sq. ft. 25.00 60.00 70.00 100.00 Flat Rate 2. Lots over 4,000 sq. ft. to 8,000 35.00 68.00 140.00 180.00 sq. ft. Flat Rate 3. Lots over 8,000 sq. ft. to 45.00 78.00 350.00 290.00 13,000 sq. ft. Flat Rate 4. Lots over 13,500 45.00 ! 198.00 350.00 350.00 sq. ft. + Flat Rate per 1,000 sq. 1.75 P/ 1000 1105.00 p/ 1000 70.00 p/ 1000 50.00 p/ 1000 ft. over 13,500 sq. ft. ~ sq. ft. sq. ft. sq. ft. ~ategory II - Accumulating And Removing Trash 5. Bid per hour Unit Price 16.00 p/hr. 32.70 p/hr. 11.00 p/hr. 12.00 p/hr. ~omments/Exceptions Submitted a Submitted a Submitted a Submitted a list of equip- list of equip- list of equip- list of equip- ment ment ment ment CITY OF DELRAY BEACH TABULATION OF BIDS NUISANCE ABATEMENTS LOT CLEARING AND MOWING BID # 97-13 February 28, 1997 Ocean Crown Environmental Item/Description Inc. Category I - Mowing Vacant And Occupied Lots: 1. Lots up to 4,000 sq. ft. 250.00 Flat Rate 2. Lots over 4,000 sq. ft. to 8,000 490.00 sq. ft. Flat Rate 3. Lots over 8,000 sq. ft. to 750.00 13,000 sq. ft. Flat Rate 4. Lots over 13,500 1000.00 sq. ft. + Flat Rate per 1,000 sq. 100.00 p/lO00 ft. over 13,500 sq. ft. Category II - Accumulatin~ And Removing Trash 5. Bid per hour ~ Unit Price 60.00 p/hr. Comments/Exceptions Submitted a list of equip- ment Agenda Item No.: ~'/-' AGENDA REQUEST DATE: March 10, 1997 Request to be placed on: x Regular Agenda ~ Special Agenda ~ Workshop Agenda When: March 18, 1997 Description of item (who, what, where, how much) Project No. 96-10 This project generally consists of the construction of approximately 3800 L.F. of 8" water line and 3800 L.F. of 8" sanitary sewer line, in addtion to, approximately 1700 L.F. of concrete drainage pipe. The project also includes construction of two sodded drainage retention areas, as well as, a roadway system consisting of approximately 9500 S.Y. of roadway inclusive of Miami Blvd., Park Ave., Central Ave,. Collins Ave, and Wilson Ave. in the Silver Terrace subdivision. The lowest responsible responsive bidder of the sixteen (16) bidders for this Project is Louis Bourg Construction Corporation with their bid in the amount of $577,177.32. Funding source for this project are Accounts No. Water & Sewer Capital Outlay 441-5161-536-63.47 $236,075.78 General Construction Fund: Silver Terrace 334-3162-541-61.20 $ 75,614.69 General Construction Fund: Street Reconstruction 334-3162-541-61.17 $ 65,486.85 Federal Grant Fund Federal Grant Fund $200,000.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Project No. 96-10, Silver Terrace Roadway & Utility Improvements to Louis Bourg Construciton Corporation. for their bid in the amount of $577,177.32. 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 ~NO Funding aitematives t,///~ , (if applica, ble) Account No. & Description ~I-FI(~/- Approved Hold Until: AgendaCoordinator Review: Received: Placed on Agenda: % Action: Approved/Disapproved file 96-10(A) projects/96-1 O/contract/agenda .doc II City Of Delray Beach · of Environmental Services MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: C. DANVERS BEATTY, CITY ENGINEER~ DATE: MARCH 10, 1997 SUBJECT: SILVER TERRACE ROADWAY & UTILITY IMPROVEMENTS PROJECT NO. 96-10 Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on March 18, 1997. The lowest responsive bidder is Louis Bourg Construction Corporation with a total evaluated bid of $577,177.32. This project generally consists of the construction of approximately 3800 L.F. of 8" water line and 3800 L.F. of 8" sanitary sewer line, in addtion to, approximately 1700 L.F. of concrete drainage pipe. The project also includes construction of two sodded drainage retention areas, as well as, a roadway system consisting of approximately 9500 S.Y. of roadway inclusive of Miami Blvd., Park Ave., Central Ave,. Collins Ave, and Wilson Ave. in the Silver Terrace subdivision. We are recommending award of the project to the lowest responsible responsive bidder of the sixteen (16) bidders for this project, Louis Bourg Construction Corporation, with their total evaluated bid in the amount of $577,177.32. The funding sources for this project are as follows: Funding Source Account Number Amount Water&Sewer Capital Outlay 441-5161-536-63.47 $236,075.78 General Construction Fund: Silver Terrace 334-3162-541-61.20 $ 75,614.69 General Construction Fund: Street Reconstruction 334-3162-541-61.17 $ 65,486.85 Federal Grant Fund Federal Grant Fund $200,000.00 Please place this item on the agenda for commission approval. Enclosure cc: Joseph Safford, Finance Director Richard Hasko, P.E., Assitant City Engineer File: Project No. 96-10 (A) projects/96/96-10/construct/agmemo.doc ~ rd), 8888 8888'88'8 888188818881'8888 8888 ~8888888:88 ' 3-18-1997 2;46PN FROM PLaNNING'AND REAL ES B61 434 8187 P. 2 THE SCHOOL DIb'T~CT [)R, JOAN R KOWAL OF PALM eEAC~ C(XJN'rY. FL~IOA PLANNING & REAL ESTATE ~3L~0 FORF.$¥ HILL BOULEVAR0, WEST PALM BEACH. FL 3340~.~813 (551) 434-8020 F~X (SM) 4.qa-St87 March 18, 1997 Jeff Costello, Planner Planning & Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 KE: Plumosa Elementary School Dear Mr. Costello: As agent for a petition for a communication tower at thc above school, I request that the application be withdrawn. Should' you have any questions or concerns, please do not hesitate to contact the undersigned. Sincerely, ^guj. z, . · .... Planning Specialist (Educational) Planning & Real Estate AAH:bkk ...... cc: Linda Hines Pat Steinkuehler Carol Dubinsky Elizabeth Rega, Sprint Elizabeth Decker, Area Executive Director Eula Mason-Berry, Principal, Pluraosa Diane Dominguez h:\d&~\wp 5 tMOC\'ca~it~eah?, ! ~¢k.twf An Equal Education Opportunity Provider and Affirmative Action Employer MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~ SUBJECT: AGENDA ITEM # ~' - MEETING OF MARCH 18, 1997 CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT PLUMOSA ELEMENTARY SCHOOL DATE: MARCH 14, 1997 This is before the Commission to consider a request for conditional use approval to allow the installation of a communication tower at Plumosa Elementary School. The subject property is located at the southeast corner of N.E. 19th Street and N.E. 2nd Avenue (Seacrest Boulevard), and is zoned CF (Community Facilities) District. Attached is a letter from the School District of Palm Beach County requestin9 another 90 day postponement based on direction 9iven at the School Board workshop on March 5, 1997. Recommend denial of the request. THE SCHOOL DISTRICT DR. JOAN R KOWAL ~ OF PALM BEACH COUNT~, FLORIDA SUPERINTENDEN~ OF SCHOOLS -- PLANNING & REAL ESTATE 3320 FOREST HILL BOULEVARD, C-331 WEST PALM BEACH, FL 33406-5813 , ~.,<x. } (561) 434-8020 FAX (561) 434-8187 BEACH CO~'z March 6, 1997 Diane Dominguez Director of Planning & Zoning City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 RE: Plumosa Elementary School Dear Ms. Dominguez: As agent for a petition for a communication tower at the above school, I request a 90 day postponement. This request is based on direction given at a School Board workshop on March 5, 1997. Should you have any questions or concerns, please do not hesitate to contact the undersigned. Sincerel~ A~n ~A. Hefnande~, AICP~ Planning Specialist (Educational) Planning & Real Estate AAH:bkk cc: Linda Hines Pat Steinkuehler Carol Dubinsky Elizabeth Rega, Sprint Elizabeth Decker, Area Executive Director Eula Mason-Berry, Principal, Plumosa h:XdataXwp 5 lXdocXvsXsiteXddah3 0 5k.twr An Equal Education Oppor~uni~ Provider and Affirmative Action Employer ~[L.E ~. 946 02,'!0 '97 16:16 ID:SP~iNT STV 954 2L:~6 ?~.05 P~G_,E 2 SPRINT PCS 861 N.W, 78~ Avenue Building '~", 2''d F)oor Plantntio., Florida 3.3324 (954) 423-$2~1 Fe~uary I0. 1997 Diane Domingugz AICP Director of Planning & Zoning !00 N.W. I '~ ^venue Dclray Beach, Florida 33444 ·Scnt ¥~a lax Fax Nu mb~ (56 !) 243-7221 ~¢: Plumos~ Elementary / Afire)dc ]-l[Jgh Schooh D~a~ Ms. Domin~uez: la connection with fl~e ~ve mentioned reference and the leu~ sent m David "i'. i*i~d~n. City M~mugcr un L~m~r 18, 1~6 (copy e~losgd), I)1~ ~cpt this loLLer as vcrific~ion frm~l u~ ~1~ if the Atl~ndc High Schoo~ si~ is a~rovcd wc wil} mnvc from U1e ~ot)o~d s~ at P~urno~ ElcmcnLary a.d cc~-Iocare wilh PfimeCo on the existing f~Jiity a~ AUankic High. F~hcr, Sprim~ ~ffcr m provide co-I~aaon at Ll'~e Aflmltic sitg is done in un ctTo~ m ~uce lhe proliferation of i~cili~ics wilh thc City iimit~ As t~T ~e application currently submi~ for approval on d~e Plumosa site, Sprin~ is not ~c applicant and ~crcfore h~ ap ability to withdrawal ~e ~ddon, Spd.I will c~locac at thc Atlantic ~m ~d agree tha~ i~ quipmen[ will not ~ u~ed ~ ~e Plumosa location. 11 is fur~cr agreed ~at Sprints' cooperation moving i~ ~ip~nt to Ibc Atlantic ~i~, the City wJlJ provide ~proval or ~e ~ite plan for Sprint through a NOn ~pacdng gitc Plan Approval pm~ss concurrently with ~imeCo's ~nd n~ require [u~hez public hearings or delays. S~uld you have ~ny ques6on, please du nc)t h~si~ate m ~nlac[ m~ ~t (~54)423-5216, Sincm:ly,~ ~i~beth ~ga / - ~ ~erty Munager to: F. Renald ~trim~a Richard Rngatin NNING/~ND Z~NING SUBJECT: MEETING OF DECEMBER 3, 1996 CONSIDERATION OF A CONDITIONAL USE REQUEST TO INSTALL A COMMUNICATION TOWER AT PLUMOSA ELEMENTARY SCHOOL. LOCATED AT THE SOUTHEAST CORNER OF N.E. 2ND AVENUE (SEACREST BOULEVARD) AND N.E. 19TH STREET. The action requested of the City Commission is that of a.o.oroval of a Conditional Use request to establish a communication tower at Plumosa Elementary School, within the CF (Community Facilities) zone district. The subject property is located at the southeast corner of N.E. 2nd Avenue (Seacrest Boulevard) and N.E. 19th Street. The development proposal is to install a communication tower at the center of the Plumosa Elementary School site for Sprint telecommunications and incorporates the following: · Installation of a 150 foot monopole communication tower with a 5' high antenna and lighting rod at the top of the tower; · installation of the associated equipment room within the 40' X 30' (1,200 sq.ff.) leased area located between the classrooms and the activity fields, with accommodations for an equipment room for a future cellular provider; · Removal of the existing 65' concrete monopole, which accommodates [he school's communication dish, and relocation of the existing equipment to the new tower; and, · Installation of an 8' high chain link along with associated landscaping around the perimeter of the leased area. City Commission Documentation Meeting of December 3, 1996 Communication Tower at Plumosa Elementary School - Conditional Use Approval Page 2 Additional background and an analysis of the request is found in the attached Planning and Zoning Board staff report. At its meeting of November 18, 1996, the Planning and Zoning Board held a public headng in conjunction with review of the request. There was testimony both for and against the proposal. The Board voted 3-2 (Schwartz and Carbone dissenting; Eliopoulos and McCarthy absent) to recommend to the City Commission approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the tower be a monopole structure no greater than 125 feet in height; 2. That trees be provided every 25' along the north, south and east property lines (east half of the school site); 3. Submission of a non-impacting site plan modification application addressing conditions of approval; 4. Verification from the F.A.A. (Federal Aviation Administration) that the location and height of the tower is acceptable and must be provided with the site plan submittal; 5. That any proposal to add dishes or other similar types of fixtures, and microwave relay dishes or other similar devices be processed as a conditional use modification; 6. That the trees be a minimum 16 feet in height at the time of planting, of Florida #1 Grade or better, and of a species that will have a mature height of at least 35'; and, 7. That the conditional use approval be limited to one tower at this location. In addition, staff suggests the following condition of approval be included: 8. That all obsolete and unused communication towers shall be removed within 12 months of cessation of use. (The applicant shall submit an executed removal agreement to ensure compliance with this requirement.) I ~: :i'"'i i ~ii' ? ................................. ' .............. T"i"; ?'''' '"'"'"'"'"'"'"'"'"'"'"'""'"'"'"'"'""""?'"'" '~' 'T'T'i'n' "~~~?~ '"'"'"'"'"'"'""i'"'""?i'; ....... :'""'"" '""'"'""'"'"'""'"'"'"'"'"'"'"'"'",'""" "'"'"'"'"'"'"'"'"'"'"'"'"'"'" Approve the conditional use request to establish a communication tower at Plumosa Elementary School, based upon the findings and recommendation of the Planning and Zoning Board along with the condition that any communication towers on the site that become unused or obsolete be removed within 12 months of cessation of use. Attachment: P & Z Staff Report and Documentation of November 18, 1996 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 18, 1996 AGENDA ITEM: ~V.B. ITEM: Conditional Use request to allow the installation of a 150' communication tower at Plumosa Elementary School, located at the southeast comer of Seacrest Boulevard (N.E. 2nd Avenue), north of N.E. 19th Street. ~ner ..................................... ~e School Board of Palm Appli~nt ................ : ................ Splint Communi~tions Agent ...................................... Agustin A. Hemandez Lo~tion .................................. Southeast ~mer of Sea.est Boulevard (N.E. 2nd Avenue) and N.E. 19th Street. Pmpe~y Size .......................... 10.5 Acres (1,200 sq.ff. lease area) Future kand ~so Map ............. Gommuni~ Faciflties - School Cuffent Zoning ........................ CF (Communi~ Fadlities) Adja~nt Zoning ............ No~h: R-I-~ (Single Family Residential) East: RM (Medium Density Residential) and CF South: R-I-~ West: R-I-~ and CF ~isting Land Use .................. ~isfing public elementa~ school ~th associated playgrounds, pa~ng areas, and lands~ping. Proposed Land Use ................ Installation of a 150' ~mmuni~tion tower on Water Se~i~ ......................... N/A. SeWer Se~i~ ........................ N/A. ' The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request and attendant sketch plan to establish a communication tower at Plumosa Elementary School, pursuant to Section 2.4.5(E). The subject property is located at the southeast corner of N.E. 2nd Avenue (Seacrest Boulevard) and N.E. 19th Street. The subject property is an unplatted property containing 10.5 acres of land. The school was constructed in 1955. In 1995, a review of a site plan modification was conducted for Plumosa Elementary School for the construction of new classroom buildings. The associated improvements are currently under construction. On February 8, 1996, the 104th Congress of the United States passed the Telecommunications Act of 1996 (Public Law 104-104). The Act addresses many topics including telecommunication services, broadcast 'services, cable services, regulatory reform, and other miscellaneous provisions. Section 704 of the Act addresses local government zoning of towers used for cellular, PCS (Personal Communications Services) and CMR (Commercial Mobile Radio Service) transmitters. VVhen regulating the placement of towers, local governments are prohibited from: 1) actions which discriminate between providers of "functionally equivalent" services; 2) actions which have effect of prohibiting the provision of wireless services; and 3) regulation of the placement of towers based upon Radio Frequency (RF) emissions. Local governments must act upon tower siting requests within a reasonable time and all denials must be in writing. State Statutes provide that schools may install communication towers for the school's purposes, however, commercial .towers on 'school sites must obtain local government approval, if applicable. Therefore, on October 4, 1996, a conditional use request was submitted to construct a 150' communication tower at the center of the Plumosa school site, and is now before the Board for action. There are also two other tower locations which are before the Board for consideration, each under separate petition. The development proposal is to install a communication and transmission facility/tower at the center of the Plumosa Elementary School site for Sprint telecommunications and incorporates the following: Planning and Zoning Board Staff Report Communication Tower for Plumosa Elementary School - Conditional Use Approval Page 2 r3 Installation of a 150 foot monopole communication tower with a 5' high antenna and lighting rod at the top of the tower; El Installation of the associated equipment room within the 40' X 30' (1,200 sq.ft.) leased area located between the classrooms and the activity fields, with accommodations for an equipment room for a future cellular provider; El Removal of the existing 65' concrete monopole, which accommodates the school's communication dish, and relocation of the existing equipment to the new tower; and, 13 Installation of an 8' high chain link along with associated landscaping around the perimeter of the leased area. !.~i~i-~...*:.:<.i ~!~i~ i.:! .'.'~!.? ~. :..*~ ~.:i ~i .~ ~.:! !i ~ .~-:iii~i~* :" '":-~:~ :'"": i~:~"* ~:":~!~-~' "*'~i '-"'~ ~' ~*'"' ;.-"~'" .~-:i':'"": ~."' :".~.' ~.:~!'" '"<.*:~ *<:~:';~;i":-: '*"i~:' "i:,'~"'"' ~:.~:.!: ~,~:'*~:;.~j"i-'."i:.::.:.':*" ~.:: .:,.'"' ~!~"~; "~i~'-'*' ~'~i *'~ :'*"~': ~ .*:'~'"' ~<.'-~ :: ::~:-~!'--."¢~-:~ ?: .-':,:.: '¢,¢-:-'' ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ...... , ..-: ..~ ...-.....~ .-..::: :.... ~ .:~ , ~..'.~;~ :.,.......:: ..~:~.~.........,..-...~ ..-...< ;:....: ..,..,,~,..::..::. :::.....:.. ~.~.::~::.,~,~:.:...:~¢~:::..-:~...,.:....:...'..~:~::::..-.~.:, CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - LO.S.) Pursuant to Section 3.1.1 {Requi~ed Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP; The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation is Community Facilities - School and is currently zoned CF (Community Facilities). The CF zone district is consistent with the Community Facilities - School Future Land Use Map designation. Within the CF zoning district, a communication tower is allowed as a conditional use [ref. LDR Section 4.4.21(D)(5)]. Based upon the above positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposed tower will be unmanned, and will not have any impacts on level of serv;ce standards as they relate to water, sewer, drainage, traffic, parks and recreations facilities, and open space. Based upon the above, a positive finding can be made with respect to Concurrency. Planning and Zoning Board Staff Report Communication Tower for Plumosa Elementary School - Conditional Use Approval Page 3 CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.$(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies are noted. SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered by the R-l-AA (Single Family Residential) zone district to the north and south; R-l-AA and CF (Community Facilities) to the west; and, RM (Medium Density Residential) and CF zoning districts to the east. The existing land uses are: to the north and south are single family residences; to the west are single family residences and Delray Beach Primitive Baptist Church; and, to the east are duplexes and a vacant parcel, which is a future location of a City water storage tank. Compatibility with the adjacent residences to the north, south and east is a concern. While the proposed tower will be centrally located within the school site and is set back a minimum 150 feet with landscaping provided around the base of the tower/compound, the tower will be 150 feet tall and will not be screened from the adjacent single family and duplex structures. As the tower will be of the monopole design, it will not be as obtrusive as the self-support tri-pod or guy wire towers. It was suggested that the height of the tower be reduced to minimize its visual impact on the residential areas. Information was provided indicating that decreasing the tower to 100' in height would also decrease the coverage/service area of the tower, eliminate 1he possibility of co-location of another cellular carrier, and lead to the installation of additional towers throughout the area, which is not desired. If the tower is approved, in order to mitigate visual impacts on the adjacent residences but maintain the ability to co-locate structures, the pole should be reduced to 125', and trees provided every 25 feet along the east half of the north and south property lines, and along the entire east property line. Planning and Zoning Board Staff Report Communication Tower for Plumosa Elementary School - Conditional Use Approval Page 4 It is noted that at Atlantic High School, approximately 1,100 feet north of Plumosa, a 150' monopole tower has been installed without first obtaining conditional use approval. An application for conditional use approval was submitted on November 6, 1996 and will be before the Board at its December 16th meeting.. While that pole is not approved and is not before the Board for action, it should be taken into consideration as the Atlantic and Plumosa locations are in close proximity to one another. As the Atlantic site is much larger than the Plumosa site, and the tower is set back a minimum 275 feet with taller structures, vegetation and activity light poles for visual screening, it may be a more appropriate location for a monopole tower. To minimize the proliferation of towers throughout the City, the cellular providers should coordinate tower locations with one another and encourage co-location of equipment. The Board may want to consider requiring the Plumosa carrier provider, Sprint, to co-locate on the Atlantic High School tower, if conditional use approval is granted for that tower. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Item" was identified. Exceptions to District Height Limitations: Within the CF (Community Facilities) zone district, the height limitation is 48 feet [ref. LDR Section 4.3.4(K)]. Pursuant to LDR Section 4.3.4(J)(3)(a) (Free- standing Features), the height limitation contained in LDR Section 4.3.4(K) shall not apply to free-standing antennas, chimneys conveyors, cooling towers, flag poles, radio towers, silos, or television towers. However, any part of any such structure, or feature, shall not extend above the height of 64 feet unless specifically approved by the City Commission. The request for a 150 foot monopole tower requires specific approval by the City Commission and will be acted upon in conjunction with the conditional use approval. Federal Aviation Administration A letter has been provided from the FAA stating that preliminary approval has been granted for height and location of the proposed tower. If the conditional Planning and Zoning Board Staff Report Communication Tower for Plumosa Elementary School - Conditional Use Approval Page 5 use is approved, written verification must be provided by the FAA stating that approval of the tower has been granted. Tower Fixtures i.e. Microwave Dishes and Antennas Elevations have been provided indicating the type of antenna for the proposed user will be affixed to the tower which will extend 6' from the top. The elevations should also indicate the type of antenna or dishes that will be utilized by future carriers. Any antenna installed in the future should be similar to the antenna currently proposed. Any proposals to install dishes should be processed as a modification to the conditional use.. VVith the site plan modification submittal, elevations which indicate all fixtures that will be affixed to the tower must be provided. The Board may want to consider limiting the number of fixtures that can be located on the tower at this time and indicate, as a condition of approval, that any proposal to add fixtures other than antennas (i.e. dishes) must be processed as a modification to the conditional use, thus requiring review by the Planning and Zoning Board. Safety (Tower Failure/Collapse) Information has been provided indiCating that a monopole tower can be designed to withstand a design wind speed of 120 mph with no failure. The tower is engineered to buckle if it does fail, thus the entire tower would not "fall over". In a worst case scenario (winds exceeding approximately 150 mph), the tower would buckle at 115 feet in height (approximately the top one-fourth of the tower). While the information references 150 mph as a worst case scenario, the monopole towers did not fail in the case of Hurricanes Andrew and Hugo, whose wind speeds exceeded the design wind speed. The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Community_ Redevelopment Agency: At its meeting Of October 24, 1996, the CRA reviewed and had concerns with the development proposal because of the proposed height, but did not make a formal recommendation. Site Plan Modification: If Conditional Use approval is granted, a non-impacting site plan modification submittal will follow. The site plan must address concerns raised through the conditional use petition. Planning and Zoning Board Staff Report Communication Tower for Plumosa Elementary School - Conditional Use Approval Page 6 Special Courtesy and Public Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: ~1 Lake Ida Property Owners Association I~ Seacrest Neighborhood Association Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Any letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. · .. ~<... .. ~. . · ~ ~ The proposal calls for the installation of a 150' monopole tower with associated equipment. The monopole towers are somewhat unobtrusive compared to the self-supporting tri-pod and guy wire towers. Ideally, the applicant should co- locate onto the Atlantic High School tower. However, if the Board feels this tower is appropriate, consideration should be given to reducing the tower height to 125 feet with trees provided every 25 feet along the north, south and east property lines of the school site, to mitigate any impacts on the adjacent residences. As co-location of cellular providers is desired to eliminate the proliferation of cellular towers, it is recommended that the applicant coordinate with the carrier at the Atlantic High School site (PrimeCo), which currently has an unapproved tower. If conditional use approval is granted for the Atlantic tower, the Plumosa applicant, Sprint, should locate to the Atlantic High School site. A. Continue with direction and concurrence, pending disposition of the Atlantic High School conditional use request, in order to determine if co- location of the providers onto that structure is possible. B. Recommend to the City Commission approval of the Conditional Use request to establish a communication tower at Plumosa Elementary School based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan su~bject to the following conditions: 1. That the tower be a monopole structure no greater than 125 feet in height; 2. That trees be provided every 25' along the north, south and east property lines; Planning and Zoning Board Staff Report Communication Tower for Plumosa Elementary School - Conditional Use Approval Page 7 3. Submission of a non-impacting site plan modification application addressing conditions of approval; 4. Verification from the F.A.A. (Federal Aviation Administration) that the location and height of the tower is acceptable and must be provided with the site plan submittali and, 5. That any proposal to add dishes be processed as a conditional use modification. C. Recommend denial of the conditional use request to establish a communication tower at Plumosa Elementary School based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, with the basis stated. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ;:::..~:~:~:.:l~i:.'<: j...'::.~...<:, :.~ ::: :::::~::::;::.<.-: >.: :-::: ~:~:..~::::::..::~: ~:~:~::~::::: :::::: Continue with direction and concurrence, pending disposition of the Atlantic High School conditional use request, in order to determine if co-location of the providers onto that structure is possible. Attachment: El Access Plan [3 Sketch Plan El Landscape Plan El Tower Elevations Report prepared by: Jeff Costello. Senior Planner £1TY DF [IELR#Y BE#£ Writer's Direct Line: (407) 243-7091 DELRAY BEACH Ali,America City M~MORANDUM 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Interlocal Agreement Between Palm Beach County (County) and City; Lease Agreement Between the City and Boca Raton Resort and Club (BRR&C) - Minibus The Interlocal Agreement between the County and the City is attached for your approval. The Agreement transfers title to the City for public transportation related purposes. The Agreement between the City and BRR&C is currently under review by BRR&C and was not ready for inclusion in the agenda packets on Friday. Once I receive the Agreemem, I will immediately provide it to you. cc: David Harden, City Manager minibus3.sar CITY ATTORNEY'S OR:ICE · t~z,.RAY BEACH, FLORIDA 33444 5,:,.C£IMILE 40?/27;5-4755 Writer's Direct Line: (407) 243-7091 DFLRAY BEACH Ali. America City MEMORANDUM ~ 9,~3 DATE: March 17, 1997 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Van Pool Agreements The Interlocal Agreement between the City and the County is included in your agenda packets. However, the Boca Raton Resort and Club (BRR&C) Lease Agreement with the City was not included, because the BRR&C had not finished their review. The BRR&C has now concluded its review and the Agreement is ready for City Commission action, along with the Interlocal Agreement. Please call me if you have any questions. Attachment cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Lula Butler, Director of Community Improvement vanpooi2.sar Pu,'~red on ~e£yc!e3 Paper [ITY OF DELAI:IY BE#CH CITY ATTORNEY'S OFFICE W~r's Dir~t L~: (~ 243-7~1 D~LRAY B[ACH F t O R ~ O n gl.~a ~i~ ~MO~~ ~993 TO: Ci~ Co~ssion ~OM: Sus~ A. Ruby, Ci~ Auomey SUB,CT: ~terlocal A~eemem Tr~fe~g a Mi~bus ~om Pa~ Beach Coun~ to · e Ci~; ~e Agreemem Be~een ~e Ci~ ~d Boca ~ton Reso~ ~d The essential m~s of ~e Interloc~ A~mem Be~een ~e Coun~ and Mi~bus ~re: 1. Transfers title to the minibus to the City as long as the use of the minibus is for public transportation related public purposes. If the City desires to use the minibus for another "public purpose", the use must be pre-approved by the County. If this provision is violated, the City must return the bus to the City. 2. If the City determines that it no longer desires to retain ownership, the City will transfer title back to the County. 3. The City may use the minibus, and may lease or license the minibus to third persons for the purposes described above. The essential terms of the Lease Agreement Between the City_ and BRR&C are: 1. The Agreement is for a two year term. 2. The BRR&C must use it for public transportation purposes, i.e. for the transport of City residents to their jobs at BRR&C. 3. BRR&C is responsible for all repairs. 4. The City's lease to BRR&C does not prohibit its use by the City or another licensee or leasee not in conflict with the BRR&C lease. Pr/nted on Recycted Paper City Commission March 14, 1997 Page 2 5. If fares are instituted by the City, the funds will be used for the operation of the minibus. 6. At the end of the lease term or the earlier termination thereof, BRR&C is required to return the minibus to the City in the same condition as received, less reasonable wear and tear, free from collision and damage. 7. No advertising is permitted. 8. A hold harmless and indemnification clause is included for liabilities except those caused by the City's sole negligent or intentional acts. 9. Insurance of $1,000,000.00 commercial general liability and comprehensive general liability insurance naming the City as an additional insured to be provided by BRR&C at its sole cost, among other types of required insurance. 10. Either party to the lease may cancel the lease upon 120 days written notice without cause. The lease may be immediately terminated by the City, if the City becomes aware that the minibus is not covered by insurance or BRR&C fails to perform a material provision of the lease that is not rectified after notice by the City. Please call if you have any questions. minibus2.sar INTERLOCAL AGREEMENT BY AND BETWEEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF DELRAY BEACH FOR THE PROVISION OF ONE MINIBUS THIS INTERLOCAL AGREEMENT is made and entered into this day of , 1997, by and between Palm Beach County, Florida, a political subdivision of the State of Florida, by and through its Board of County Commissioners (referred to hereinafter as "County") and the City of Delray Beach, a Florida municipal corporation, by and through its City Commission (referred to hereinafter as "City"). WITNESSETH WHEREAS, the City has implemented a program designed to provide employment opportunities and jobs to its citizens, and to transport individuals who have obtained employment to their job locations; and WHEREAS, the City has eXPressed a desire to obtain from County, one "minibus" to be used for this program as a "vanpool," an established alternative form of public transportation; and WHEREAS, the City represents that the minibus will be used to transport those individuals who have successfully obtained work, to their jobs (such use referred to hereafter as "Program" or "Vanpool Program"); and WHEREAS, the City has determined that it will implement this Vanpool Program within defined areas of the City's urban core where there is the greatest need for such a program and the greatest likelihood of successful implementation; and WHEREAS, the County finds that the provision of one minibus to the City for use in the City's Vanpool Program will assist the individuals residing in urban .core areas by providing an alternative means of transportation to job sites; and WHEREAS, the County further finds that City's Vanpool Program 1 will improve and enhance urban core areas by providing economic opportunities, reducing traffic congestion, and facilitating a "clean air" environment; and WHEREAS, the City and County have determined that the Vanpool Program described herein constitutes a valid public purpose. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants, and obligations set forth herein, the County and City agree as follows: Section 1. Incorporation of Facts: The facts set forth above, in the preamble to this Agreement, are true and correct and incorporated into this Agreement by reference. Section 2. Purpose: The purpose of this Agreement is to set forth the various duties, rights and obligations of the parties regarding the County's provision of one minibus to the City, and the City's use of the minibus in its Vanpool Program. Section 3. Representatives: The County's representative during the performance of this Agreement is IrVing Cure, Director of Palm Tran, whose telephone number is (561) 233-1166. The City's representative during the performance of this Agreement is David Harden, City Manager, whose telephone number is (561) 243-7010. Section 4. Conveyance of and Title to the Minibus: The County hereby agrees to convey to City one (1) "minibus" to be further described by the parties in the document attached hereto as Exhibit A to this Agreement. Title to the minibus shall be vested in City so long as the City shall use the minibus only for a public transportation related "public purpose." If the City desires to use the minibus for another ~public purpose," the use must be pre- approved by the County. If the City shall violate either of these conditions, causing County to request the return of the minibus, then upon notice of such request, City shall deliver the minibus to County, at a location designated for such purposes by County, and shall simultaneously convey title to the minibus to County free and clear of all encumbrances. If City determines that it no longer desires to retain ownership of the minibus, then City shall immediately convey or cause title to the minibus to be conveyed, free and clear of all 2 encumbrances, to the County and shall deliver the minibus to County at a location so designated by County. Section 5. Encumbrances: City shall not grant any security interest in the minibus to any person or entity, nor transfer or assign its interest in the minibus, in whole or in part to another. Notwithstanding the foregoing, the City may license or lease the minibus described in Exhibit "A" to third party contractor(s) for the purpose of operating the City's Vanpool Program or operating the minibus for another public transportation related public purpose or any other preapproved public purpose authorized under Section 4 of this Agreement. Any license or lease agreement entered into by the City shall contain the following clause: If at any time, the City shall determine that the use of the minibus is not in accordance with the terms and conditions of this Agreement, that it does not comply with any state, federal, county, or municipal law, regulation or rule, or that it does not constitute a valid public purpose, (the City's third party contractor) shall, upon the request of the City, immediately return the minibus to the City. In addition, any such license or lease agreement shall contain a clause subrogating the lessee's or licensee's interest in the minibus to the County's rights under this Agreement. Section 6. Public Transit System: The City represents and warrants that it is the public entity providing the Vanpool Program. Decisions regarding the service provided by the Vanpool Program, including but not limited to, the areas within the City to receive service, the populations to be served, the hours of operation and the routes, shall be made by the City. Section 7. Prohibition of Discrimination: The City represents that it will not discriminate in the performance of this Agreement and that its actions, as they relate to the use of the minibus, will be undertaken without regard to race, sex, sexual orientation, color, religion, disability, handicap, age, marital status, national origin or ancestry. Section 8. Assignment: Neither this Agreement, nor any interest herein, shall be assigned, conveyed, transferred or 3 otherwise encumbered, in whole or in part, by City without the prior written consent of County except as provided in Section 5 of this Agreement. Section 9. Remedies: This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement, or relating to the use of the minibus or the operation of City's Vanpool Program will be held in Palm Beach County. Section 10. No Waiver: No waiver of any provisions of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any such written waiver ~shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. Section 11. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 12. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 13. Entirety of Contract and Modifications: The County and City agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. N© modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 14. Notice: Ail notices required under this Agreement shall be sent by certified mail, return receipt requested to: As to the County: As to the City: Director of Palm Tran City Manager Building S - 1440 PBIA City of Delray Beach West Palm Beach, FL 33406 100 N.W. 1st. Ave. Delray Beach, FL 33444 4 Each party may designate another for receipt of notices, and change its address upon notice to the other. Section 15. Execution: This document shall be executed in four (4) counterparts, each of which shall be deemed an original. Section 16. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. IN WITNESS WHEREOF, the City and County have hereunto set their hands the day and year above written. Attest: PALM BEACH COUNTY, FLORIDA, BY Dorothy H. Wilken, Clerk ITS BOARD OF COUNTY COMMISSIONERS By: 'By: Deputy Clerk Chairman (SEAL) Attest: CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Mayor (SEAL) Approved as to form and legal sufficiency By: By: County Attorney City Attorney G:\...\eng\draney\adelray.pt4 Draft - Dated March 11, 1997 EXHIBIT "a" DELIVERY AND ACCEPTANCE OF VEHICLE DATE: County has delivered to City, and City has accepted the following vehicle to be used only in accordance with that certain Interlocal Agreement between Palm Beach County, Florida and the City of Delray Beach for the Lease of One Minibus. Vehicle Description: Make Model Year VIN # Capacity Engine Type & # Equipment Condition new used Odometer reading City acknowledges that it has inspected the vehicle and that it has accepted it in good and satisfactory condition. City acknowledges that the minibus and its installed equipment is of a size, design, capacity, construction and manufacturer satisfactory to City and suitable for City's intended use. County has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the fitness, merchantability, design, construction, capacity, suitability or performance of the minibus and equipment provided hereunder. City of Delray Beach Palm Beach County, Florida By: By: David T. Harden, City Manager Irving Cure, Director Surface Transportation Date Date G:\COMMON\WP DATA\ENG~JALBURY~VEHICLE.DOC AGREEMENT BY AND BETWEEN THE CITY OF DELRAY BEACH (CITY) AND BOCA RATON RESORT AND CLUB (BRR&C} FOR THE LEASE OF ONE MINIBUS THIS AGREEMENT is made and entered into this __ day of , 1997, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, by and through its City Commission ("CITY") and BOCA RATON RESORT AND CLUB ("BRR&C'). WITNESSETH: WHEREAS, the County has agreed to transfer to the CITY a minibus to be used for public transportation purposes, other public transportation related public purposes and other public purposes upon the prior consent of the County; and WHEREAS, the CITY desires to lease to BRR&C a "minibus" to provide employment opportunities and jobs to its citizens, and to transport individuals who have obtained employment to their job locations; and WHEREAS, the BRR&C desires to lease from the CITY the "minibus" for the purpose of ensuring safe travel of its employees to and from BRR&C; and WHEREAS, the parties desire to enter into this Lease Agreement to provide for the operation and maintenance of the minibus by BRR&C for the purposes set forth herein; and WHEREAS, the CITY and BRR&C desire to cooperate and work together to accomplish this public purpose. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants, and obligations set forth herein, the parties agree as follows: Section 1. Incor_tmration of Facts: The above representations are 'true and correct and are incorporated into this Agreement as binding covenants as if fully set forth herein. Section 2. I~llrp_o~: The purpose of this Agreement is to set forth the various duties, rights and obligations of the parties regarding the lease and use of one (1) CITY owned minibus for CITY'S Vanpool Program. Section 3. Effective Date. Term and Renewal: This Agreement shall take effect upon , 1997, and shall remain in full force and effect for a period of two (2) years, expiring on , 1999, unless soon terminated as provided herein. Section 4. Lease: The CITY hereby leases to BRR&C one (1) "minibus" to be further described, by the parties, in the document attached hereto as Exhibit "A' to this Agreement. The City Manager and a representative appointed by the BRR&C shall meet and determine the date, time, and location for operation of the minibus to and from the BRR&C job location. BRR&C will pay to CITY an annual lease fee of Ten Dollars ($10.00) which shall be due and payable to CITY on or before the first day of each year of the lease term. BRR&C will remit to CITY over the term of the lease a total lease fee in the amount of Twenty Dollars ($20.00). The attached exhibit will be executed by CITY'S and BRR&C'S representatives upon delivery to and BRR&C'S acceptance of the minibus. The lease of the minibus to BRR&C shall be for the time and dates mutually agreed upon by the parties. The CITY shall have the right to use the bus or license or lease the bus to other entities for the use of the bus for public transit or other public transit related public purposes which do not conflict with the BRR&C'S lease. Section 5. Fares: In the event the CITY shall determine to initiate a fare, all fare revenues shall be deposited with the CITY and shall be used solely to fund the operation of CITY'S minibus. Section 6. Title. Risk of Loss and Re~stration of Minibus: Title to the minibus is vested in the CITY and shall remain vested in CITY during the term of this Agreement. BRR&C agrees to use and operate the minibus in accordance with the terms, conditions and requirements of this Agreement. Moreover, upon delivery, BRR&C shall bear all risk of loss or damage to the minibus during the term of this Agreement, and upon its expiration or earlier termination, BRR&C shall continue to bear such risk until the minibus has been returned to and accepted by CITY. CITY will register the minibus leased hereuhder and will maintain the motor vehicle registration during the term of this Agreement. The motor vehicle license plate will show that the holder of the registration and license is the CITY. CITY shall conduct, in a timely manner and at its sole expense, any inspections or tests required for the maintenance or renewal of the minibus's motor vehicle registration. Section 7. ~: BRR&C shall provide and promptly pay for all labor, materials, goods, services and equipment necessary for the operation of the minibus. BRR&C shall not permit any lien, judgment, claim, or other encumbrance, of any nature whatsoever, to be filed or foreclosed on the minibus for any reason whatsoever, including but not limited to on account of any labor, service, good, material, or equipment furnished or installed upon the minibus. Section 8. Repairs and Maintenance: BRR&C is solely responsible for all service, repairs and maintenance of the minibus and all equipment located thereon. All maintenance shall be performed in accordance with the manufacturer's suggested maintenance 2 schedules, by appropriately certified or accredited mechanics, at the BRR&C'S sole expense. Only parts (including tires) and equipment meeting the manufacture's specifications shall be installed on the minibus. Section 9. O_Re, r. ato~: The minibus shall be operated only by safe, careful and legally qualified drivers having a proper license. All drivers will have and maintain a commercial driver's license and any other license or certification required by any law, rule or regulation for the operation of the minibus. BRR&C must ensure that all federal laws requiring drug and alcohol testing be adhered to by their drivers. Section 10. Americans with Disabilities: BRR&C shall comply with the Americans with Disability Act of 1990 (ADA). Section 11. Public Purpose or Lawful Use: If any time, the CITY shall determine that the use of the minibus is not in accordance with the terms and conditions of this Agreement, that it does not comply with any state, federal, county, or municipal law, regulation or rule, or that it does not constitute a valid public purpose, BRR&C shall, upon the request of CITY, immediately return the minibus to CITY. No liability shall accrue to CITY as a result of any such determination. BRR&C'S interest in the minibus is subordinate to the rights of the CITY and Palm Beach County under the interlocal agreement between the CITY and Palm Beach County. Section 12. No Agency RelationshiP: Nothing contained in this Agreement shall create an agency relationship between the CITY and BRR&C. Section 13. Notice of Accidents or Injuries: In the event the' minibus is, directly or indirectly, involved in an accident, or any passenger or waiting passenger sustains an injury to property or person, including death, attributable to the operation of the transit program and the use of the minibus, BRR&C shall immediately notify its insurer and CITY of such accident or injury. Upon the request of CITY, BRR&C will provide all information relative to the accident or injury, including but not limited to the date, time, place, and circumstances, the' names and addresses of the people involved, the owners of property damages, description and value of property damaged, and the names and addresses of witnesses. BRR&C agrees to fully cooperate with the CITY in any investigation either may conduct, the defense of any claim or suit in which CITY is named, and shall do nothing to impair or invalidate any insurance coverage applicable to it and/or the CITY. Section 14. Standard of Care: BRR&C shall cause the minibus to be operated with reasonable care and precaution to prevent loss and damage because of negligent or reckless use, abuse, fire, theft, collision, or injury to persons or property. 3 Section 15. Compliance with Rules, Regulations. etc.: The minibus shall not be used in violation of any federal, state, county or municipal statute, law, ordinance, rule or regulation applicable to its operation or use. Section 16. Illalle, iaiolla: BRR&C agrees that the minibus and the areas where it is kept or maintained, and all parts, inventories, insurance certificates or policies, maintenance and complaint records or logs, and all other records, directly or indirectly related to the operation of the minibus, shall be available for inspection by the CITY, their respective employees, servants, agents or contractors, at any time. Section 17. Condition of Vehicles: BRR&C will, at all times and at is sole expense, keep the minibus in good working order, condition and repair, and shall upon expiration of this Agreement, or its earlier termination, deliver the minibus and all equipment, including replacements, accessions and improvements, to CITY, in the same condition as received, less reasonable wear and tear, and free from collision and damage. Section 18. Maintenance and Availability of Records: BRR&C shall maintain adequate records indicating numbers of passengers transported. All records pertaining to the use, operation, maintenance shall be available for inspection by the CITY and subject to the requirements of Chapter 119, Florida Statutes. Section 19. A~: BRR&C shall not be permitted to use the minibus for any form of advertising. Section 20. Disclaimer of Warranty_: It is understood between the parties that CITY is not the manufacturer of the minibus or any equipment associated therewith, or the agent of the manufacturer, and that no warranty against patent or latent defects in material, workmanship, or capacity is given. The CITY does not warrant the minibus and any equipment furnished thereon as being fit for a particular purpose. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE GIVEN. ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. CITY SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, SAVINGS OR OTHER CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES ARISING OUT OF THIS AGREEMENT. CITY SHALL NOT BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE, BASED UPON A CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY OR BREACH OF WARRANTY. Section 21. Hold Harmless and Indemnity_ Obligations: BRR&C shall save, defend, indemnify and hold harmless the CITY, its officers, employees, servants or agents 4 from any and all liability which might inure to CITY. BRR&C agrees to protect, defend, reimburse, save, indemnify and hold the CITY, its officers, employees, servants and agents, free and harmless at all times from and against any and all suits, actions, damages, liabilities, interest, attorneys' fees, costs and expenses of whatsoever kind or nature arising out of its use, possession, operation and maintenance of the minibus, including any violation of federal or state laws, and whether directly or indirectly caused, occasioned or contributed to, in whole or in part, by reason or any action, omission, fault or negligence whether active or passive, of CITY, (excluding the CITY'S sole negligent or intentional acts) or anyone acting under CITY'S or BRR&C'S direction or control, or on their joint behalf. BRR&C further agrees to indemnify, defend, save and hold harmless the CITY, its officers, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of any conduct or misconduct of BRR&C not included in the paragraph above and for which the CITY or its officers, agents, servants or employees are alleged to be liable. BRR&C'S hold harmless and indemnity obligations shall apply to the fullest extent permitted by law. BRR&C'S obligations hereunder shall include and encompass any liability which may inure or accrue to CITY under the Florida Dangerous Instrumentality Doctrine as a result of CITY'S retention of title to the minibus. BRR&C'S liability may exceed the limitations established for state agencies and subdivisions as def'med under Section 768.28(2), Florida Statutes. However, nothing contained herein shall be deemed a waiver of the CITY'S sovereign immunity pursuant to Florida Statutes § 768.28. Section 22. Insurance: BRR&C agrees to insure the minibus for fzre, theft, bodily injury and death, property damage, collision and liability, and to maintain the coverage required, during all times this Agreement is in effect and until the minibus has been returned to and accepted by CITY, in accordance with the following requirements: A. All insurance policies shall be issued by companies authorized to do business in the State of Florida. BRR&C shall furnish certificates of insurance to the CITY'S representative prior to BRR&C'S receipt of the minibus. The certificates shall clearly indicate that the BRR&C has obtained insurance of the type, amount, and class-officiation as required for strict compliance with this section, and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CITY'S representative. B. BRR&C shall maintain during the life of this Agreement, commercial general liability, including contractual liability insurance in the amount of One Million Dollars ($1,000,000.00) per occurrence to protect the CITY from claims for damages for bodily and personal injury, including wrongful death, as well as 5 from claims of property damages which may arise out of or relate, in any manner, to BRR&C'S use of the minibus. C. BRR&C shall maintain during the life of this Agreement, comprehensive automobile liability insurance in the minimum amount of One Million Dollars ($1,000,000.00) per occurrence to protect the CITY from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the lease, use, maintenance or operation of the minibus whether such use, maintenance or operation be by the CITY or anyone directly or indirectly employed by BRR&C. D. BRR&C shall maintain during the life of this Agreement, adequate Workers' Compensation Insurance and Employer's Liability Insurance in at least such amounts as are required by law for all of its employees. E. All insurance is to be procured and maintained by BRR&C, shall be at its sole cost and expense, and other than insurance for Workers' Compensation, shall specifically include the CITY as "additional insureds.' Section 23. Default and Termination: The agreement may be terminated with or without cause immediately upon one hundred twenty (120) days written notice. If the CITY is notified that BRR&C has failed to maintain the insurance required by this Agreement or BRR&C has failed to perform any other provision of this Agreement deemed material to CITY, the CITY shall contact and notify BRR&C to ascertain whether there is the required insurance in effect and notify BRR&C of the failure of performance of a material term of this Agreement in an effort to resolve the matter. If the parties are unable'to rectify the situation, the parties understand that the CITY may immediately terminate this Agreement. If the CITY shall determine that it no longer desires to provide this Program, the minibus shall be returned to CITY in accordance with the terms and conditions of this Agreement. Section 24. Prohibition of Discrimination: BRR&C shall not discriminate in the performance of this Agreement. All participating persons shall be treated equally and without regard as to race, sex, color, religion, disability, handicap, age, marital status, national origin or ancestry. Section 25. A,~Jgllllle~t: Neither this Agreement, nor any interest herein, shall be assigned, conveyed, transferred or otherwise encumbered, in whole or in part. Section 26. Venue: Jurisdiction: This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County. Section 27. No Waiver: No waiver of any provisions of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. Section 28. Entirety_ of Contract and Modifications: The County and CITY agree that this Agreement sets forth the entire agreement between the parties, and that there are no premises or understandings other than those stated herein. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 29. Notice: All notices required under this Agreement shall be sent in writing and either hand-delivered or mailed or transmitted by fax to the following person at the address listed by certified mail, return receipt requested to: As to BRR&C As to CITY Michael M. Lawrence City Manager Vice President of Human Resources City of Delray Beach Boca Raton Resort & Club 100 N.W. 1st Avenue 501 E. Camino Real Delray Beach, Florida 33~.d~. Boca Raton, Florida 33431-0825 Each party may designate another for receipt of notices, and change its address upon notice to the other. IN WITNESS WHEREOF, the parties have caused these presents to be executed. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form and Legal Sufficiency: (SEAL) City Attorney ATTEST: BOCA RATON RESORT & CLUB By: Print Name: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH 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 (type of identification) as identification. Signature of Notary Public - State of Florida minibus,agt r~v. 3/14/97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lVI~NAGER~ SUBJECT: AGENDA ITEM # ~.~u REGULAR MEETING OF MARCH 18, 1997 TEMPORARY USE PERMIT/NORTH HALF OF ATLANTIC DUNES PARKING LOT DATE: MARCH 14, 1997 We have received a request from Florida AIDS Ride to use the north half of the Atlantic Dunes parking lot on Sunday, May 18, 1997, as a rest area for bicycle riders who are riding to raise funds for six AIDS service providers throughout the state. Mr. Weldon's memorandum outlines the details of the request. In addition to the Parks and Recreation Department, both Public Works and the Police Department have reviewed proposal and do not anticipate any problems. No overtime is involved. I recommend approval of the request to use the north half of the Atlantic Dunes parking lot as a rest stop for bicyclists on Sunday, May 18, 1997. ref:agmemo6 [ITY OF DELRRY BER[H ..... DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 NI-AmerimC~ 1993 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Florida AIDS Ride DATE: February 27, 1997 For your information, please find attached a request from Florida AIDS Ride to use the north half of the Atlantic Dunes parking lot on A1A on Sunday, May 18, 1997 for a rest area for bicycle riders who are riding to raise funds for six AIDS service providers throughout the state. In addition, they are asking to set up 8-10 portable toilets and a set of dumpsters the day before the event, and to set up 1-2 canopies, temporary bike racks, and to use the parking area for a 15' truck, 1-2 15 passenger vans, a medical van and other support vehicles the day of the event. I talked to Mr. Wilcox and he indicated all these accessories are self contained and would not impact on the park itself. I am still exploring their request for water and electric use. Mr. Wilcox indicated he anticipates 1,200 riders and they would need access by 6:00 AM on May 18th, and would be done by noon with trash picked up, the parking lot swept, and accessories gone with the exception of the portable toilets and dumpster. In addition to losing the parking revenue for one half day, this will require some sort of barricades and coordination with Public Works, Police and Parks and Recreation personnel. I would imagine if the barricades were provided on site, their staff could set them up and take down when finished, and should require little staff time from Public Works or Parks and Recreation. They are not requesting any roads or intersections to be closed since they say they will have teams along the route to help riders through intersections, but I would want the Police Department to sign off on that request. They also have general liability insurance. THE EFFORT ALWAYS MATTERS Pdnted on Recycled P~er If you are interested in proceeding, please advise if you wish this placed on an agenda for City Commission consideration. Joe ~ldon Dire~or of Parks and Recreation Attachment JW:cp Ref:aidsride Florida 3oo 954.5242,44 E. Las Dias Blvd. 954.5242268 FAX ~! DI~ PIli~i~ ~ Ft. Lauderdale, FL 33301 PRESENTED Tanqueray® "'THE IMPOSSIBLE IS OFTEN THE UNTRIED" Center One ,&IDS Resource AIhance Friday, February 14, 1997 ,~- ~.'t/ , Mr. doe Weldon Director, Parks and Recreation City of Delray Beach 50 NW 1st Avenue Delray Beach 33344 561-243-7268 (FAX) Dear Mr. Weldon, From May 16th to May 18th, 1997, some 1200 individuals will take part in Ra'Illa This event is a 3-day fund-raising dde -- not a race -- 275 miles from the Orange County Convention Center in Orlando to Miami Beach. We will ride through some of the most beautiful scenery Florida has to offer. The Ride hopes to generate $1 million for six AIDS service providers throughout the state, and will in turn continue to raise awareness and compassion about this devastating disease. A vital part in providing a safe and well-supported Ride, is the provision of rest areas (pit stops) located every 15-20 miles along our route. A pit stop allows the dder to refuel and stock up on water and carbohydrates, use the portable restroom facilities that we provide and a chance to rest before continuing their journey. I am writing to you to request permission to use the north ha~for the parking/o! located on the ~,es! side of,4/,4 of !he ,4!lan!lc Dunes Park on Sunday, May 18, 1997 for pit stop 1 on day 3 of our journey. Please review the information I have enclosed about our Ride and details about how we utilize a pit stop. Also enclosed is our pit stop permission form which, if you approve our request, can be filled out and faxed or mailed to me. Please contact us as soon as possible to let us know of your decision. If you have any further questions or concerns do not hesitate to contact me at (954) 524-2144, 524-0191 (voice mail), or 524-2268 (fax). Thank you for your consideration and support. Greg A. Wilcox Logistics Coordinator Enc.: Frequently asked questions, permission form. 1,200 Riders - 275 Miles · 3 Days · May 16-18, 1997 · Orlando to Miami / FREQUENTLY ASKED QUESTIONS ABOUT Florida AIDS Ride O WHAT IS Florida AIDS Ride Florida Florida AIDS Ride O presented by Tanqueray is one of the5 Tanqueray's American AIDS Rides, far and away the most successful AIDS Rid6 ~1~'~ AIDS fundraising events in history. Last year's Rides raised a combined $25 million for the fight against AIDS. Florida AIDS Ride P R E S E N E D B Y presented by Tanqueray offers a community a chance to participate in Tanqueray" and sa pport an event unlike any other in Flodda. The Ride will take place from May 16t~-18t~, 1997. Some 1200 riders will participate from across the world in a three-day, 275 mile fundraising event on bicycles. The Ride will take us from the Orange Center One County Convention Center in Odando to the breathtaking shores of the AIDS Resource Alliance Atlantic Ocean en route to Miami Beach. The event hopes to raise $1 Action for AIDS million for the AIDS related services of Center One in Ft. Lauderdale, Commun~tyResearchln,t,a~,¥e AIDS Resource Alliance in Orlando, Action for AIDS of Florida, Compreher:~,veA)D$ Program Community Research Initiative of Broward, Dade, and Palm Beach Tampa AIDS Ne~work Counties, Comprehensive AIDS Program of Palm Beach County, and Tampa AIDS Network. A WORD ABOUT OUR PIT STOPS Every 10-20 miles along the route, we provide a rest area (pit stop) to ensure the safety and well being of the participants of Florida AIDS Ride ~). Each pit stop, run by a volunteer crew, affords the dders with an opportunity to replace lost fluids and electrolytes, stock up on carbohydrates, use the portable restrooms we provide, and a chance to rest and stretch out tired muscles before beginning the next leg of their journey. Also on hand are skilled medical personnel to assist with any physical ailments the dder may be experiencing and bike technicians to repair any malfunctions of the rider's bicycle. Our volunteer crew begins their day at 4:30am, rising early to load their vehicles, eat and be on the road by 6:00am. Our first pit is open and ready for the first riders arrival by 7:00 am, closing at 1030am and our last pit stop opens at 11:00 am and closes at 6:30 pm. As the Ride progresses, we "collapse" the route behind the riders, cleaning up each pit stop, and leaving no trace of the Ride behind. This process allows us to maintain control of the dders safety and passage through each jurisdiction. Since the riders are traveling at their own pace, they will be stretched out over the route, separated by up to 60 miles between the first and last rider. Because of this spacing, we do not anticipate more than 100-200 riders utilizing a pit stop at any given time. The exception may be the pit stop designated as our lunch stop, where riders tend to stay a little longer to enjoy the boxed lunch we provide. When we scout the route for a pit stop site, we carefully choose our sites based on the following criteria: · A site on the right hand side of the road to make exits and entrances from the route safer for the rider. · A large enough site to accommodate our vehicles and partidpants at any given time, yet small enough for a small crew to maintain traffic and pedestrian control. · Ashadedarea. · A water source for our"misting" - cool off area. · An electric source for our medical team. · Site payphones. · Room for support vehicles and television news crews to enter and exit throughout the day. Equipment we will have on site will include the following: · 8 - 10 podable toilets (to be dropped off 1 day prior to our arrival.) · A 10' x 20' canopy (2at/unch stops./ · 10 - 20 10' temporary bike racks. · A 6' w x 8' h walk through 'mister". · Dumps/ers at/unch stops on/y(to be dropped off 1 day prior to our arrival.) · Megaphones used for rider and vehicle control. Vehicles parked on site will include: · A15'truck. · 1-2 12-person passenger vans. · A medical van. · A bike tech. support van. · A semi tractor trailer refn'geration truck at lunch stop only. We are aware we are being entrusted with the care of public and private properly and we will endeavor to be worthy of that trust. WHAT HAPPENS IF A RIDER IS INJURED? Florida AIDS Ride ~) takes salety seriously. We have put in place a comprehensive plan to ensure that in the event of an emergency, our riders and crew will receive immediate and professional care. This plan will be implemented with the use of cellular phones, 2 way radios and HAM radios. A rider will never be more than 8 miles from qualified medical treatment. Columbia Health Care Corporation is the Medical sponsor for the ride and is instrumental in supporting this plan. The ride will be esCOrted by ambulances, fully equipped and staffed by licensed EMT personnel. Our on-road staff will act stdctly in a triage model - stabilizing injured riders. We have begun contacting emergency teams along the route and will defer to local 911 emergency operations for necessary transpodation to local medical facilities. Finally, every rider and crew member will wear an identification bracelet. A matching tag is affixed to their bicycle. These bracelets have a toll-free 24 hour emergency number that will connect the caller with officials at our command center who will implement our emergency procedures. WHO IS RESPONSIBLE FOR THE GARBAGE THAT THE RIDE WILL GENERATE? Garbage will not be a significant problem along the route. Riders will be given food and ddnk at the pit stops we provide along the route. Riders are encouraged to leave their garbage at the pit stop or place it in their packs until it can be properly disposed of. Our road crews will continuously monitor the route, picking up any trash generated by our ri(~ers. Trash at pit stops is cleaned up and removed by our crews and disposed of in our dumpsters at camp. WILL BUSINESSES ALONG THE ROUTE BE ADVERSELY AFFECTED? Businesses along the route will not be adversely affected by the Ride. In fact, businesses such as coffee shops, grocery stores and convenience stores along the route are likely to see business increase as riders stop in to purchase items in order to meet their needs along the route. Furthermore, as people in the COmmunities along the route come out to support the riders, businesses are given a great opportunity to market to them as well. Is Florida AIDS Ride *9 INSURED AGAINST LIABILITY? Florida AIDS Ride ~) is fully insured for general liability and can provide a certificate of proof of insurance upon request. WHO IS COORDINATING THE ROUTE? Greg Wilcox, the Logistics Coordinator for the Ride, is the principle contact.. Please contact him at (954) 524-2144, 524-0191 (voice mail), or 524-2268 (fax) if you have any questions. Florida 3°° %4.~24.~,44 E. Las Olas Bird 954 524 2268 FAX AIDS~.~, ,-~Ridl!O0 ~, ~33L;1~derda,e'~ Day 3 Pit Stop 1 ~,~,.o,~ Pit Stop Permission Form A;~S Resource Alhar,~e In support of Flodda AIDS Ride O, I hereby grant permission to use the north half of the parking lot located on the west side of A1A of the Atlantic Dunes Park on Sunday, May 18; 1997 for the purpose of providing a rest area for participants in their event. This includes permission to: · Set up 8-10 portable toilets one day pdor to the date shown above. · Set up of 1 2 canopies. · Set up of temporary bike racks. · Use of the parking area indicated on the enclosed site plan. · Use of parking area for Ride vehicles including a 15' truck, 1-2 15 person passenger vans, a medical van and additional support vehicles. In addition, at the pit stop designated for the lunch stop: · Set up of a dumpster one day pdor to the date shown above. · Use of parking area for the refrigeration truck. I also understand that Flodda AIDS Ride O may have the need for the following on site services, and I hereby grant permission for the use of the following: (please initial where appropriate.) · Use of on site water standard garden hose hookup for thc. nHrnne,=, ,',,~ ..... ;~: ....:ooling mister". Signature ~,. ~-'~' t,200 Riders · 275 Miles · 3 Days · May t6-18, 1997 · Orlando to Miami ADMINISTRATIVE SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: ~'~Robert A. Barcinski Assistant City Manager DATE: March 13, 1997 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 18:1997 SPECIAL EVENT REQUEST PAINT THE GROVE FLORIBBEAN Action City Commission is requested to endorse "Paint the Grove Floribbean~ to be held on Saturday, April 19, 1997, 7:00 a.m. - 4:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(H) for use of City Rights of Way and to provide staff support per the attached letter for police security, barricade assistance and consideration of waiving overtime costs. Pineapple Grove Main Street, Inc. is planning an event similar to "Paint Up Delray' on April the 19th. In addition to painting, the event will be mini block party festival with some light entertainment with food and non-alcoholic beverages. They are requesting the closure of Pineapple Grove Way between N.E. 1st Street and N.E. 2nd Street from 7:00 a.m. to 4:00 p.m., police assistance for security, barricade assistance, and authorization for amplified music. Estimated overtime cost for this assistance is approximately $450.00. It is my understanding that the event organizers will handle trash and lifter pick up. Recommendation Staff recommends endorsement of this event, approval of the temporary use permit for the street closure, approval of staff support and consideration of the waiver of overtime. RAB:tas cc: Tom Fleming File:u:sweeney/agenda Doc:pntgrove.doc · - PINEAPPLE GROVE MAIN STREET, INc. 187 NE P~nF_APPLE GROVE WAY · DB. RAY BEACH · FLC~IDA 33444 PHone (407) 279-9952 · FAx (407) 279-0108 · e-malL tee 3 @rash.corn Memorandum TO: David Harden, City Manager Fao~n: Tom Fleming, Program Manager DATE: March 12, 1997 RE: Event Permit This memorandum constitutes our application for permit for the use of City rights- of-way, CRA property, and City services in connection with the proposed outdoor event, co-sponsored by and benefiting Pineapple Grove Main Street, Inc. ("PGMS"), as more fully set forth below: Paint the Grove Floribbean Saturday · April 19ta · 7:00 a.m. until 4:00 p.m. Pineapple Grove Way, between NE 1sT and 2na Streets General Overview. The event is being organized somewhat similarly to the City's "Paint Up Delray" event. However, in addition to the painting, we are organizing a "block party" mini- festival to complement the work and add some light entertainment and food/beverage vending in furtherance of our ongoing promotional efforts for the Pineapple Grove Main Street focus district. Description of Event. In advance of the festival day, the property owners will have their buildings prepped by professional service providers. Property owners will also purchase paint for their respective buildings. · On event day, volunteers will gather.at 7:30 a.m., be assigned to a team (one team per building, each with a trained "team captain") and go to work. Because two of the buildings are 2-story, we have invited Delray Beach firefighters to join the event and paint the second floors. All exposed walls will be painted (front, rear, and, where applicable, sides). · While the "paint party" is under way, merchants, shoppers, guests, and visitors can participate in a block party that might include sidewalk sales, a few food and non- alcoholic beverage vendors, live and/or pre-recorded music, and, perhaps, some games and/or contests. · Amplified live and pre-recorded music will be ongoing generally throughout the event, and a public address system will be in use for announcements and the like. PINEAPPLE GROVE MAIN STREEt, INC. 187 NE P~NEAPptE GROVE WAY · DELRAY BEACH · FLORIDA 33444 PHone (407) 279-9952 · F~(407} 27942108 · e-m~LtFF3@msn.com City Involvement. We seek the City's permits, as applicable: 1. to close Pineapple Grove Way, between and NE 1~ and 2"d Streets, on the day of the event from 7:00 a.m. through 4:00 p.m. 2. to utilize outdoor, amplified public address and sound systems during the hours of the event; 3. for such other purposes as might be suggested by the nature of the event, including waiver or reduction of tent permit fees. We further seek the City's support in connection with the following services: · barricades on Pineapple Grove Way at the intersections with NE 1" and 2"d Streets; · traffic control, event and parking directional signage and one or more uniformed police officers (at DBPD's discretion); and · such other City services that Department Heads might suggest. Pineapple Grove Main Street, Inc., is aware that the City, in connection with the services provided, may assess certain charges. We look forward to the City's input in this regard. As always, we stand ready to do everything in our power to assist the City's efforts in connection with the event. Department Heads are encouraged to call Tom Fleming at the Main Street office (279-9952) tocoordinate the details. Thank you in advance for your thoughtful consideration and attention to the foregoing. TFF MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGER&~( SUBJECT: AGENDA ITEM # ~' - MEETING OF MARCM 18, 1997 FUNDING REQUEST/ATLANTIC HIGH SCHOOL DEBATE TEAM COMPETITION DATE: MARCH 14, 1997 This is before the Commission to consider a request from the Atlantic High School Speech and Debate Team for funding support. The request is for $1,200 ($100 per student). The students are themselves working to raise money through car washes, etc. Recommend consideration of the Atlantic High School Debate Team funding request. To: Delray Beach City Commission PRINCIPAL From: Atlantic Speech and Debate Carole R. Shetler Re: Harvard Tournament ' i'i~'~ ~ :~'; ' ASSISTANT PRINCIPALS Richard H. Brtnker, ,Jr. Dear Commissioners, Linda Cowart Richard Hoffmeyer For the first time, the Atlantic Speech and Debate team is traveling Klm Hubert to Boston for the Harvard National Invitational Debate danice O. LaForte Tournament. This prestigious event falls on the Presidents' Day Michael McPherson holiday weekend. The City of Delray Beach has helped the dean Ann Thurber Atlantic Debate team in the past. We need your help again. The cost of the trip is nearly $6 thousand dollars. Please help with a donation of $100 dollars for of students making the trip for a total of $12 hundred dollars. The balance of cost is being raised through candy sales, car washes, and restaurant fund raisers. David Freeman. Rebecca Cutri-Kohart Speech and Debate Coach Debate Club President CITY DF ELRIIY BEfl£H CITY ATTORNEY S OFFICE · ~ 2:i,~ 2,~.V l~,i /,'71d~;: i: ~ ~:~1¢,;-,.~ LiEACH. FLORIDA 33444 Writer's Direr Li~e: (5~I) 24t-7~ DELRAY BEACH ~ MEMO~~ &ll4mad~a ~ll~------ DATE: Mamhll, 1997 TO: City Co~ission 1993 e~ FROM: David N. Tolces, Assistant City Attorn SUBJECT: FEC Blanket License Agreement for Utility Crossings The attached agreement, if approved, will be between the City and the Florida East Coast Railway Company ("FEC"). Under the agreement, FEC will grant to the City a license for each of the City utilities which cross the FEC's rail line. The crossings are indicated in Schedule "A" to the agreement. Schedule "A" to the agreement also lists the costs for each utility crossing. As you can see, FEC is increasing the fees over the next three years. Upon speaking with the FEC's Real Estate Manager, the fees have not been increased for many years. Thus, the proposed fees are based on current market conditions and are being imposed through the FEC's railway area. The remainder of the agreement places a majority of responsibility costs and indemnification on the City. FEC agreed to a 30 day period to remedy defaults in Paragraph 21 rather than a 10 day period, and FEC agreed to Palm Beach County as venue in Paragraph 30 in the event of litigation; however, the majority of the provisions require the City to notify, construct, and pay for any fees incurred by FEC for the improvement or replacement of the City's utilities. Overall, the proposed agreement will permit the City to continue to maintain its utility crossings in their current locations. Therefore, approval is recommended. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Richard Hasko, Assistant City Engineer Joseph Safford, Finance Director fec-3.dnt THIS BLANKET LICENSE AGREEMENT, made and entered into, in duplicate, this 18th day of March A.D., 1997 by and between FLORIDA EAST COAST RAILWAY COMPANY, hereinafter called "Railway" and the CITY OF DEL/lAY BEACH, a political subdivision of the state of Florida, 100 N.W. 1 st Avenue, Delray Beach, Florida 33444, hereinafter called "Licensee", WITNESSETH: WI-W~REAS, the Licensee has heretofore constructed and now maintains overhead and subgrade appliances and fixtures crossing on and across the Railway's right of way and over and under the tracks and facilities of the Railway at points listed on the schedule marked "Schedule A" attached hereto, and WI~REAS~Jae Licensee may desire in the future to construct and maintain additional crossings using certain pipes, poles, guys, anchors, suspension lines for the same, all of which are sometimes hereinafter called "appliances", "fixtures", or "facilities" on and across the fight of way and over and under the tracks of the Railway from time to time at other points along the right of way of said Railway, and WltEREASboth parties hereto are desirous of entering into an agreement which shall cover the terms upon which such crossings have heretofore been and may hereafter be made, NOW TItEREFORE, the Railway, for valuable consideration and the covenants and agreements of said Licensee hereinafter set forth, does hereby give to Licensee the right and privilege to construct, install and maintain said appliances, fixtures, facilities or crossings on and across Railway's right of way and over and under the tracks and facilities of said Railway at the points listed on the schedule marked "Schedule A" attached hereto and by this reference made a part hereof, and at such other points along its line of railroad that may be hereafter requested in advance of any construction or installation by the Licensee and subject to the approval of the Railway, upon the following terms and conditions, to-wit: 1. Whenever the Licensee shall desire to construct, modify, or maintain said appliances, fixtures, facilities or crossings, it shall make written application to the Railway, as per attached form, in duplicate, together with twenty (20) prints of plan and profile drawing containing all pertinent details for proposed crossing work. Said application will be mailed to Manager, Industrial Development and Real Estate, Florida East Coast Railway Company, P.O. Drawer 1048, St. Augustine, Florida 32085-1048, along with check made payable to Florida East Coast Railway Company to cover applicable non refundable application fee. 2. Plan shall show all information for carrier pipe and casing pipe, if used, and angle of crossing, Railway survey station, or distance to nearest mile post, right of way lines, tracks and all other Railway facilities near point of crossing. Profile shall show pipe or wire line in relation to actual profile of ground and tracks; if subgrade pipe, proposed method of installation, and location of jacking pit, which shall not be closer than thkty (30) feet from the center of nearest track. Open-cut method of installation through Railway's roadbed will not be pemaitted. 3. It is further mutually understood and agreed by and between the parties hereto that said subgrade crossing installation shall be marked by the erection of a suitable monument located on each side of the Railway's right of way. 4. The Railway shall, in writing, notify the Licensee whether it has any objections to the proposed crossing work and if so, shall specify the same, in which event, no crossing work shall be commenced by the Licensee hereunder until it receives the written approval of the Railway. If the Railway finds no objections to said crossing work, it will so notify the Licensee and the Licensee shall be permitted and allowed to commence the crossing work proposed. tl '~, File: 317-3-0 317-$-0AAGM Page I THIS BLANKET LICENSE AGREEMENT, made and entered into, in duplicate, this 18th day of March A.D., 1997 by and between FLORIDA EAST COAST RAILWAY COMPANY, hereinafter called "Railway" and the CITY OF DELRAY BEACH, a political subdivision of the state of Florida, 100 N.W. I st Avenue, Delray Beach, Florida 33444, hereinafter called "Licensee", WITNESSETH: WltEREAS, the Licensee has heretofore constructed and now maintains overhead and subgrade appliances and fixtures crossing on and across the Railway's fight of way and over and under the tracks and facilities of the Railway at points listed on the schedule marked "Schedule A" attached hereto, and WltEREAS,the Licensee may desire in the future to construct and maintain additional crossings using certain pipes, poles, guys, anchors, suspension lines for the same, all of which are sometimes hereinafter called "appliances", "fzxtures", or "facilities" on and across the right of way and over and under the tracks of the Railway from time to time at other points along the fight of way of said Railway, and WI-IEREASboth parties hereto are desirous of entering into an agreement which shall cover the terms upon which such crossings have heretofore been and may hereafter be made, NOW THEREFORE, the Railway, for valuable consideration and the covenants and agreements of said Licensee hereinafter set forth, does hereby give to Licensee the right and privilege to construct, install and maintain said appliances, fixtures, facilities or crossings on and across Railway's fight of way and over and under the tracks and facilities of said Railway at the points listed on the schedule marked "Schedule A" attached hereto and by this reference made a part hereof, and at such other points along its line of railroad that may be hereafter requested in advance of any construction or installation by the Licensee and subject to the approval of the Railway, upon the following terms and conditions, to-wit: 1. Whenever the Licensee shall desire to construct, modify, or maintain said appliances, fixtures, facilities or crossings, it shall make written application to the Railway, as per attached form, in duplicate, together with twenty (20) prints of plan and profile drawing containing all pertinent details for proposed crossing work. Said application will be mailed to Manager, Industrial Development and Real Estate, Florida East Coast Railway Company, P.O. Drawer 1048, St. Augustine, Florida 32085-1048, along with check made payable to Florida East Coast Railway Company to cover applicable non refundable application fee. 2. Plan shall show all information for carder pipe and casing pipe, if used, and angle of crossing, Railway survey station, or distance to nearest mile post, right of way lines, tracks and all other Railway facilities near point of crossing. Profile shall show pipe or wire line in relation to actual profile of ground and tracks; if subgrade pipe, proposed method of installation, and location of jacking pit, which shall not be closer than thirty (30) feet from the center of nearest track. Open-cut method of installation through Railway's roadbed will not be permitted. 3. It is further mutually understood and agreed by and between the parties hereto that said subgrade crossing installation shall be marked by the erection of a suitable monument located on each side of the Railway's right of way. 4. The Railway shall, in writing, notify the Licensee whether it has any objections to the proposed crossing work and if so, shall specify the same, in which event, no crossing work shall be commenced by the Licensee hereunder until it receives the written approval of the Railway. If the Railway f'mds no objections to said crossing work, it will so notify the Licensee and the Licensee shall be permitted and allowed to commence the crossing work proposed. File: 317-3-0 $17-3-0A.AGM Page 1 5. All crossing work shall be of the usual strength and fitness for the purpose intended and be done in good and workman-like manner by the Licensee at its sole cost and expense and in a manner satisfactory to the Railway. Within 30 days after completion of construction or installation, Licensee shall certify to Railway in writing that fixture has been installed in substantial conformance by the plan attached to this agreement. 6. The Licensee shall conslmct and maintain all appliances or fixtures crossing over, under or across the Railway's tracks and right of way, in conformity with Railway's specifications, together with such other laws and regulations as may be applicable. 7. If any crossings hereunder consist of a pipe or conduit to extend under the tracks of the Railway, the same shall be located not less than 5.5 feet below the bottom of ties in such tracks, and properly safe-guarded as may be necessary or as required by Railway. If it is a wire line to extend over the tracks of the Railway, the same shall be located not less than 43 feet above the rails with additional clearances at certain locations as prescribed by Railway. The poles carrying such wires shall be double-bracketed and of good and sufficient quality and size for purpose intended and located as hereina~er designated by the Railway. All poles must be securely planted and fastened so as to prevent the same from falling on the tracks or other property of the Railway or upon other wires on the right of way. No other facilities of the Licensee shall be located upon any of the Railway's property without its prior written permission. 8. In addition to the other terms of this agreement, any subgrade or above grade crossing of the Railway's right of way is subject to the terms of the "GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE CROSSINGS OF THE RAILWAY'S RIGHT OF WAY" issued by the office of Chief Engineer, Florida East Coast Railway Company, the terms and conditions of which are incorporated herein by reference. 9. The Licensee shall, obtain and maintain all necessary permits, licenses and franchises required by law. Whenever under this agreement, Licensee's appliances, fixtures or facilities are located near or adjacent to any communication or signal lines of the Railway or any licensed communication utility on the right of way of Railway, Licensee shall at all times prevent interference in any way with the construction, maintenance, or operation of such crossed or adjacent signal lines or communication lines, and in such event, Licensee shall adopt, use and maintain the best known and most effective methods to protect the aforesaid communication lines from physical hazard and inductive interference. 10. That Licensee shall and will cause due notice, and in no event less than forty-eight (48) hours, excluding Saturdays, Sundays and holidays, to be given in writing to the Railway when Licensee or its contractor or anyone chiming under Licensee, proposes to enter upon or cross the tracks, roadbed or other property of the Railway with such crossings or for excavations therefor, in order that proper protection may be provided for Irains. If Railway shall object to the notice as too short, or that the work has not therefore been authorized in writing by Railway, then no such work shall be commenced until approval is obtained in writing from Railway. 11. That said appliances, fixtures, facilities or crossings of the Licensee shall not at any time interfere with or endanger the track, roadbed, or other property of the Railway, or the operations, maintenance or improvements of the Railway, or of any other party thereon; and Licensee shall at its own expense, on notice from said Railway, forthwith change, improve or repair such appliance or fixtnres as may be prescribed by said Railway. 12. Should the provisions contained herein cause any change or alterations in the location or arrangement of the wires, poles, appliances, fixtnres or facilities of the Railway or the wires poles, appliances, fixtures or facilities of any licensed communication utility on the right of way of Railway, the cost of such alternations or re-arrangements shall be paid by the said Licensee. 13. Licensee agrees that if, by reason of any changes or additions made at any time by the Railway in its tracks, right of way, stmctnres and appliances thereon, or property, it becomes necessary to change the location of all or any part of the said crossings of the Licensee therefor, such changes as are necessary shall be made by Licensee promptly at the request of the Railway and at sole cost and expense of Licensee. $17-3-0^.AGM Page 2 5. All crossing work shall be of the usual strength and fitness for the purpose intended and be done in good and workman-like manner by the Licensee at its sole cost and expense and in a manner satisfactory to the Railway. Within 30 days after completion of cousmaction or installation, Licensee shall certify to Railway in writing that fixture has been installed in substantial conformance by the plan attached to this agreement. 6. The Licensee shall construct and maintain all appliances or fixtures crossing over, under or across the Railway's tracks and right of way, in conformity with Railway's specifications, together with such other laws and regulations as may be applicable. 7. If any crossings hereunder consist of a pipe or conduit to extend under the tracks of the Railway, the same shall be located not less than 5.5 feet below the bottom of ties in such tracks, and properly safe-guarded as may be necessary or as required by Railway. If it is a wire line to extend over the tracks of the Railway, the same shall be located not less than 43 feet above the rails with additional clearances at certain locations as prescribed by Railway. The poles carrying such wires shall be double-bracketed and of good and sufficient quality and size for purpose intended and located as hereinafter designated by the Railway. All poles must be securely planted and fastened so as to prevent the same from falling on the tracks or other property of the Railway or upon other wires on the right of way. No other facilities of the Licensee shall be located upon any of the Railway's property without its prior written permission. 8. In addition to the other terms of this agreement, any subgrade or above grade crossing of the Railway's right of way is subject to the terms of the "GENERAL SPECIFICATIONS FOR SLrBGRADE AND ABOVE GRADE CROSSINGS OF THE RAILWAY'S RIGHT OF WAY" issued by the office of Chief Engineer, Florida East Coast Railway Company, the terms and conditions of which are incorporated herein by reference. 9. The Licensee shall, obtain and maintain all necessary permits, licenses and franchises required by law. Whenever under this agreement, Licensee's appliances, fixtures or facilities are located near or adjacent to any communication or signal lines of the Railway or any licensed communication utility on the right of way of Railway, Licensee shall at all times prevent interference in any way with the construction, maintenance, or operation of such crossed or adjacent signal lines or communication lines, and in such event, Licensee shall adopt, use and maintain the best known and most effective methods to protect the aforesaid communication lines from physical hazard and inductive interference. 10. That Licensee shall and will cause due notice, and in no event less than forty-eight (48) hours, excluding Saturdays, Sundays and holidays, to be given in writing to the Railway when Licensee or its contractor or anyone claiming under Licensee, proposes to enter upon or cross the tracks, roadbed or other property of the Railway with such crossings or for excavations therefor, in order that proper protection may be provided for trains. If Railway shall object to the notice as too short, or that the work has not therefore been authorized in writing by Railway, then no such work shall be commenced until approval is obtained in writing from Railway. 11. That said appliances, fixtures, facilities or crossings of the Licensee shall not at any time interfere with or endanger the track, roadbed, or other property of the Railway, or the operations, maintenance or improvements of the Railway, or of any other party thereon; and Licensee shall at its own expense, on notice from said Railway, forthwith change, improve or repair such appliance or fixtures as may be prescribed by said Railway. 12. Should the provisions contained herein cause any change or alterations in the location or arrangement of the wires, poles, appliances, fixtures or facilities of the Railway or the wires poles, appliances, fixtures or facilities of any licensed communication utility on the right of way of Railway, the cost of such alternations or re-arrangements shall be paid by the said Licensee. 13. Licensee agrees that if, by reason of any changes or additions made at any time by the Railway in its tracks, right of way, structures and appliances thereon, or property, it becomes necessary to change the location of all or any part of the said crossings of the Licensee therefor, such changes as are necessary shall be made by Licensee promptly at the request of the Railway and at sole cost and expense of Licensee. 317- 3 ~O^.AGM Page 14. Licensee hereby assumes, and shall at all times hereafter release, indemnify, defend and save Railway harmless from and against any and ail liability, loss, claim, suit, damage, charge or expense which Railway may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Railway), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the presence, existence, operations or use of pipeline or any s~ucture in connection therewith, or restoration of premises of Licensor to good order or condition after removal, Except when proven to have been caused solely by the fault, failure or negligence of Railway. However, during any period of actual construction, repair, maintenance, replacement or removal of the pipeline, wherein agents or personnel of Licensee are on the railroad fight-of-way, Licensee's liability hereunder shall be absolute, to the extent permitted by law, irrespective of any sole fault, failure or negligence of Railway. Notwithstanding anything to the contrary contained in this agreement, no provision herein is intended or shall be construed as a waiver of sovereign immunity beyond the provisions of Section 768.28, Florida Statutes. 15. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in supervising, protecting and restoring the property of the Railway by reason of operations of Licensee. 16. Commencing with the initial term of this Agreement, Licensee shall pay in advance unto Railway for each year or fraction thereof, of the life of said crossings or other facilities, the applicable sums as listed on Schedule "A" attached hereto and made a part hereof, together with such future increases that may be dictated by market conditions. 17. In the event any other appliances, fixtures or facilities or crossings upon or across the right of way of the Railway shall hereinafter be found to exist as of the date hereof, although not shown on Schedule attached hereto, or to have been added during the life of this agreement, such appliances, fixtures or facilities or crossings upon or across the right of way of the Railway shall be part of this agreement by amendment thereto, given similar data as for the crossings or other facilities shown on the attached Schedule and all the terms of this agreement shall apply to such additional wire line facilities. 18. This agreement and Licensee's right hereunder shall not be assigned nor mortgaged by said Licensee without prior written consent of the Railway having been first obtained. 19. Licensee waives and relinquishes any legal rights and monetary claims which it might have against Florida East Coast Railway Company for full compensation, or damages of any sort, including but not limited to special damages; severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the licensed property specified in this Agreement whether such property is taken by eminent domain proceedings or sold under the threat thereof. 20. It is further mutually understood and agreed by and between the parties hereto that Licensee will not perform any work on Railway's property without having a railroad watchman present at all times work, hereunder is being performed, if one is deemed to be necessary by the Railway's Chief Engineer or other designated Company official; further, that Licensee covenants that it will include in any contract which it lets for the whole or any part of the said work to be performed hereunder by or for the Licensee, each and every of the following terms and conditions of the two (2) pages attached hereto and made a part hereof entitled, "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTA/NED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR OR LICENSEE," and, "INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DLrRING SUCH INDEMNITIES." 21. In the event Licensee shah default in the performance of any of the covenants contained in this agreement to be kept and performed by Licensee, and such default shall continue for thirty (30) days after written notice thereof shall have been given by the Railway to the Lessee, then at the option of the Railway, the license hereby granted may be declared forfeited as to the crossing or crossings or other facilities where such default occurred and thereupon all rights of the Licensee shall cease, as to such crossing or crossings or other facilities and Licensee will, at its own expense, remove said wire or pipe lines from the property of the Railway at such crossing or crossings, or other facilities. In the event of failure of Licensee to do so, the Licensee will promptly reimburse the Railway for its cost of doing the same. 317-3-OA.AGM Pa~e 3 14. Licensee hereby assumes, and shall at all times hereafter release, indemnify, defend and save Railway harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Railway may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Railway), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the presence, existence, operations or use of pipeline or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, Except when proven to have been caused solely by the fault, failure or negligence of Railway. However, during any period of actual construction, repair, maintenance, replacement or removal of the pipeline, wherein agents or personnel of Licensee are on the raikoad right-of-way, Licensee's liability hereunder shall be absolute, to the extent permitted by law, irrespective of any sole fault, failure or negligence of Railway. Notwithstanding anything to the contrary contained in this agreement, no provision herein is intended or shall be construed as a waiver of sovereign immunity beyond the provisions of Section 768.28, Florida Statutes. 15. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in supervising, protecting and restoring the property of the Railway by reason of operations of Licensee. 16. Commencing with the initial term of this Agreement, Licensee shall pay in advance unto Railway for each year or fraction thereof, of the life of said crossings or other facilities, the applicable sums as listed on Schedule "A" attached hereto and made a part hereof, together with such future increases that may be dictated by market conditions. 17. In the event any other appliances, fixtures or facilities or crossings upon or across the right of way of the Railway shall hereinafter be found to exist as of the date hereof, although not shown on Schedule attached hereto, or to have been added during the life of this agreement, such appliances, fmtures or facilities or crossings upon or across the right of way of the Railway shall be part of this agreement by amendment thereto, given similar data as for the crossings or other facilities shown on the attached Schedule and all the terms of this agreement shall apply to such additional wire line facilities. 18. This agreement and Licensee's fight hereunder shall not be assigned nor mortgaged by said Licensee without prior written consent of the Railway having been first obtained. 19. Licensee waives and relinquishes any legal fights and monetary claims which it might have against Florida East Coast Railway Company for full compensation, or damages of any sort, including but not limited to special damages; severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the licensed property specified in this Agreement whether such property is taken by eminent domain proceedings or sold under the threat thereof. 20. It is further mutually understood and agreed by and between the parties hereto that Licensee will not perform any work on Railway's property without having a railroad watchman present at all times work, hereunder is being performed, if one is deemed to be necessary by the Railway's Chief Engineer or other designated Company official; further, that Licensee covenants that it will include in any contract which it lets for the whole or any part of the said work to be performed hereunder by or for the Licensee, each and every of the following terms and conditions of the two (2) pages attached hereto and made a pm hereof entitled, "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR OR LICENSEE," and, "INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CON'IIL~CTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES." 21. In the event Licensee shall default in the performance of any of the covenants contained in this agreement to be kept and performed by Licensee, and such default shall continue for thirty (30) days after written notice thereof shall have been given by the Railway to the Lessee, then at the option of the Railway, the license hereby granted may be declared forfeited as to the crossing or crossings or other facilities where such default occurred and thereupon all fights of the Licensee shall cease, as to such crossing or crossings or other facilities and Licensee will, at its own expense, remove said wire or pipe lines from the property of the Railway at such crossing or crossings, or other facilities. In the event of failure of Licensee to do so, the Licensee will promptly reimburse the Railway for its cost of doing the same. 3,17-3-OA.AGM Pa~¢ 3 22. This agreement shall supersede all other contracts and agreements heretofore made between the Railway, and former Trustees of its property, on the one part, and the Licensee and all other predecessors and subsidiaries of the Licensee, on the other part, covering all crossings, appliances, fLxtures or facilities presently on or across the right of way of the Railway. The existing crossings shall be conclusively held to have been constructed under equivalent terms and conditions as those herein, and shall be maintained under the terms of this agreement. 23. Either party hereto shall have the right to cancel this agreement as to any one or more of the existing crossings, appliances, fixtures or facilities as shown on the attached Schedule or to any future crossings, appliances, f'txtures or facilities at any time upon thirty (30) days' notice in writing to the other party. 24. This agreement shall be for a term of one (1) year and shall be automatically renewed for additional terms of one (1) year subject to the terms and conditions herein contained. PROVIDED ALWAYS, that this agreement shall be subject to cancellation during the initial term or of any renewal term, in the manner hereinbefore provided in Paragraph No. 23. 25. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee and none of the covenants or agreements herein contained shall be waived or modified except by both parties hereto in writing and no alleged verbal waiver or modification shall be binding under any circumstances. 26. If Licensee be a municipality or a public or quasi public corporation then it agrees that no assessment or other charges or any nature whatsoever shall be levied or made against the Railway or against its property on account of the installation or existence of Licensee's facilities at this location. 27. NON-PAYMENT. It is expressly agreed by and between the parties hereto that any obligations of the Licensee under the terms of this agreement which are not paid within thirty (30) days of presentation of bills for same by the Railway shall bear interest at the rate of twelve percent (12%) per annum from the date of presentation of the bill until same shall be paid. 28. This Agreement shall be conslrued in accordance with the laws of the State of Florida. 29. This Agreement shall constitute the entire understanding of the parties on the subject matter hereof and each acknowledges and affirms that no promises, agreements, representations, terms or conditions other than contained and set forth in this Agreement, either express of implied, have been made or relied upon. 30. RAILWAY AND LICENSEE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. THE PARTIES SPECIFICALLY AGREE TO VENUE IN PALM BEACH COUNTY, FLORIDA. 31. In the event of litigation between the parties in connection with this Agreement, the prevailing party shall be entitled to a reasonable attorney's fee. 317-$-OA.AGM Page 4 22. This agreement shall supersede all other contracts and agreements heretofore made between the Railway, and former Trustees of its property, on the one part, and the Licensee and all other predecessors and subsidiaries of the Licensee, on the other part, covering all crossings, appliances, fmtures or facilities presently on or across the right of way of the Railway. The existing crossings shall be conclusively held to have been constructed under equivalent terms and conditions as those herein, and shall be maintained under the terms of this agreement. 23. Either party hereto shall have the right to cancel this agreement as to any one or more of the existing crossings, appliances, fixtures or facilities as shown on the attached Schedule or to any future crossings, appliances, fixtures or facilities at any time upon thirty (30) days' notice in writing to the other party. 24. This agreement shall be for a term of one (1) year and shall be automatically renewed for additional terms of one (1) year subject to the terms and conditions herein contained. PROVIDED ALWAYS, that this agreement shall be subject to cancellation during the initial term or of any renewal term, in the manner hereinbefore provided in Paragraph No. 23. 25. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee and none of the covenants or agreements herein contained shall be waived or modified except by both parties hereto in writing and no alleged verbal waiver or modification shall be binding under any circumstances. 26. If Licensee be a municipality or a public or quasi public coq~oration then it agrees that no assessment or other charges or any nature whatsoever shall be levied or made against the Railway or against its property on account of the installation or existence of Licensee's facilities at this location. 27. NON-PAYMENT. It is expressly agreed by and between the parties hereto that any obligations of the Licensee under the terms of this agreement which are not paid within thirty (30) days of presentation of bills for same by the Railway shall bear interest at the rate of twelve percent (12%) per annum from the date of presentation of the bill until same shall be paid. 28. This Agreement shall be construed in accordance with the laws of the State of Florida. 29. This Agreement shall constitute the entire understanding of the parties on the subject matter hereof and each acknowledges and afl'mm that no promises, agreements, representations, terms or conditions other than contained and set forth in this Agreement, either express of implied, have been made or relied upon. 30. RAILWAY AND LICENSEE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. THE PARTIES SPECIFICALLY AGREE TO VENUE IN PALM BEACH COUNTY, FLORIDA. 31. In the event of litigation between the parties in connection with this Agreement, the prevailing party shall be entitled to a reasonable attorney's fee. 317 -3-OA.AGM Page 4 IN WITNESS WHEREOF, the parties hereto have caused these presents to the duly executed in duplicate the day and year fzrst herein written. Signed, sealed and delivered FLORIDA EAST COAST RAILWAY in the presence off COMPANY, a Florida corporation, By: (seal) President Attest: Wimesses as to Railway Assistant Secretary Date of Execution: The CITY OF DELR~Y BEACH, a political subdivision of the State of Florida, By: Official Title Attest:. Witnesses as to Agency City Clerk File: 317-3-0 317-3-OA.AGM Page 5 IN WITNESS WltEREOF, the parties hereto have caused these presents to the duly executed in duplicate the day and year first herein written. Signed, sealed and delivered FLORIDA EAST COAST RAILWAY in the presence of: COMPANY, a Florida corporation, By: .(seal) President Attest: Wimesses as to Railway Assistant Secretary Date of Execution: The CITY OF DELRAY BEACH, a political subdivision of the State of Florida, By: Official Title Attest: Wimesses as to Agency City Clerk File: 317-3-0 317- 3-0A.AGM Page 5 INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES In further consideration of the sums of money herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify and save harmless the Florida East Coast Railway Company from and against all judgements, and all loss, damages, costs, charges, and expenses which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by. the operations, whether or not negligent, of the Contractor, or any subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contract, up to the total sums of money, as follows: A. On account of death, personal injuries, loss of income or earning ability of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East Coast Railway Company, employees and officers of materialmen, employees and officers of the Contractor, employees and officers of all subcontractors, in the limits of $1,00.0,000 each person injured or killed, and $2,000,000 each occurrence. B. Loss, damage, injury and loss of use or any real personal property (a) in which Florida East Coast Railway Company has any ownership interest and (b) personal property in the custody of Florida East Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the contents of the same, all in the aggregate limit of $2,000,000. C. Loss, injury, decline in market value or deterioration in quality of any perishable merchandise in the custody of Florida East Coast Railway Company occurring or originating during the first forty-eight (48) hours from, but excluding, the first five (5) minutes any break in the continuity or other obstruction of passage of trains, directly or indirectly arising from the Contractor's operations, upon said track or tracks, as the case may be, of Florida East Coast Railway Company at or within one hundred (100) feet of said location upon which the work is to be performed hereunder, the improvement, renovation, or repair of which is the subject matter of this construction contract, and also all expenses reasonably incurred by Florida East Coast Railway Company in and about the re-routing of its trains and cars to, via, and from the lines of railroad of other railroad common carriers during the first forty-eight (48) hours following any such break in the continuity of said track or tracks, as the case may be, of the Florida East Coast Railway Company at or within one hundred (100) feet of said area. INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR In further consideration of the sums of money herein specified to be paid to Contractor, Contractor, at its cost and expense, shall obtain and keep in effect, insurance policy or policies in the limits of $1,000,000 each person injured or killed and $2,000,000 each occurrence and $1,000,000 property damage per person and $2,000,000 property damage each occurrence directly by Contractual Liability Endorsement to Contractor's General Public Liability and Property Damage Insurance Policies insuring Contractor against loss or damage to Contractor upon the indemnities concurrently extended to the Florida East Coast Railway Company and within the limits specified in this paragraph. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid, Railroad Protective Liability Policies insuring Florida East Coast Railway Company directly as insured against losses and damages but within the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expense, maintain a Workman's Compensation Insurance Policy as available in the State of Florida. All such insurance, directly or indirectly for the benefit of the Florida East Coast Railway Company, shall be in a form satis- factory to its Manager of Insurance and issued by a casualty company/insurance company authorized to do business in the State of Florida that has a "Best's" rating or A or A+ and a financial category size of Class XII or higher. FLORIDA EAST COAST RAILWAY COMPANY OFFICE OF CHIEF ENGINEER GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE CROSSINGS OF RAILWAY'S RIGHT OF WAY I. GENERAL PROVISIONS A. A plan and profile drawing containing all pertinent details for the proposed crossing shall be submitted to the Office of the Chief Engineer for approval preliminary to prepar- ation of an agreement if approved. B. The plan will show all information for the proposed crossing installation with reference to the nearest Railway survey station or distance to nearest mile post, Railway right of way, tracks, or any other Railway facilities or structures in the vicinity. C. Request for installation shall be accompanied with a letter signed by the owner, company official, or government agent. D. The lessee will be responsible for any and all costs of re- pairs or maintenance of the Railway's property and structures disturbed or damaged due to the installation or construction after effects. E. The lessee of an installation approved by agreement will be required to provide proof of protective insurance for and during construction. II. SUBGRADE PIPELINE AND CABLES (Also see Addendum, p.6) A. All subgrade carrier pipelines and wirelines will be installed within a casing pipe. 1. All casing pipes will extend from right of way line to right of way line. 2. The Railway will not permit casing installation by open-cut method through the roadbed. B. Application will be accompanied with plans showing profile in relation to actual ground, track, and other facilities at the project site. 1. The method of installation will be detailed including the location of jacking pit as measured from centerline of near track. 1 2. The casing pipe must be installed at least 5.5 feet below bottom of tie. 3. Jacking pit location must be at least 30.00 feet from centerline of near track for pit down to 20 feet below grade. The pit will be protected with adequate sheeting, bulkheads, and sidewalls to protect the Railway's roadbed. Barricades and lights will be set around the pit for protection. C. Casing Pipe Specifications are as follows: 1. casing pipe shall have a minimum diameter of 2.0 inches and size 2.0 through 8.0 inch diameters must be gal- vanized and standard weight ASTM Specifications A53, Grade B. Thread coupling is allowed. 2. Casing pipe 6.0 and 8.0 inch diameters may be used complying with C-3. 3. Casing pipe shall be in accordance with current ASTM Specification A139 and be protected by a black bituminous coating for PROTECTION AGAINST CORROSION. Wall thickness shall be as follows: DIAMETER THICKNESS (inches) finches) 6 - 16 1/4 lS - 20 5/16 22 - 24 3/8 26 - 28 7/16 30 - 34 1/2 36 - 38 9/16 52 - 56 11/16 ~' 60 - 66 3/4 72 - 78 13/16 84 - 9o 7/8 96 - 102 15/16 108 - 114 1 120 1-1/8 4. Ail casing pipe joints will be welded in accordance with AISC Specifications, Section 1-7-2. All joint welds will be full penetration. 5. At no time will construction interfere with the normal and safe operation of the Railway. No construction, manpower, or equipment will enter the right of way beyond safety clearance limits of 20.0 feet from the centerline of near track. 6. Ail casing pipe installations where the diameter is greater than 48 inches will require a preconstruction conference at the project site. 7. Preconstruction arrangements will be made with the office Chief Engineer at least one week prior to construction. A Railway inspector must be present during the entire construction of the casing pipe. The inspector will have complete authority over the project on the Railway's right of way. 8. All costs to provide inspection will be borne by the lessee. D. Tunnel liner requirements are as follows: 1. All applicable preceding sections will govern tunnel liner usage proposals. 2. Tunnel liner plate will be 12 Pi, galvanized, and all bolts and nuts will be galvanized. 3. Live load will be based on E-80 Railway Loading using applicable formulae and computations performed by a registered professional engineer. The computation results will accompany the plans for review by the Office of the Chief Engineer. 4. Grout holes will be provided at 10 foot intervals along the roof and sides. 5. The tunnel liner jacking shield will protect 180 degrees of the upper section and material removed to allow for a minimum 1:1 slope with a minimum 2.0 feet of undisturbed soil supporting the overburden. 6. The tunnel line installation will progress with sufficient manpower and supervision for around the clock construction until the liner is completed. E. Carrier pipeline specifications are as follows: 1. Reinforced Concrete Pipe a. Materials: Modified bell and spigot or tongue and groove in accordance with current ASTM Specification C76 Class IV for Railway strength pipe or current specification for prestressed concrete pipe. b. Joints: Rubber and steel joint for prestressed pipe in accordance with current Lock Joint Pipe Company Specification on SP5, or equivalent. Joints for bell and spigot and tongue and groove pipe to be in accordance with current standard practice. Joints may be made using confined continuous rubber gasket. 2. Cast Iron Pipe a. Materials: Pipe must conform to current ASTM Specification A142 for "Standard Pipe." b. Joints: Bell and spigot, caulked with lead and oakum, or and approved mechanical type. 3. Polyethylene Pipe a. Materials: Pipe must conform to current ASTM Specifications D2104, Schedule 40, for standard pipe. 4. Steel Pipe a. Materials: Pipe must conform to current ASTM Specification Al20, Schedule 40. b. Joints: All joints must be welded or of an approved mechanical type. F. Carrier pipe with and internal pressure less that 30 psi shall have the ends of the casing pipe sealed after installation. G. Carrier pipe with and internal pressure of 30 psi and over shall have the casing pipe open at the ends if local conditions permit water from leaks to discharge into drainage ditch of manhole. If this is not practicable, the casing pipe shall be sealed at both ends and 4 inch relief vent provided at either end off the Railway's right of way, which shall discharge into drainage ditch or sewer. Casinq pipe shall have a minimum inside diameter of 6.0 inches qreater that the maximum outside diameter of the carrier pipe, includinq bell ends of flanqes. H. Uncased high pressure gas pipe line crossings will be permitted provided they comply with the requirements of Chapter One, Part 5.2, Specifications for Uncased Gas Pipe Line within the Railway Right of Way (1993), as is contained in the "Manual for Railway Engineers", issued by the American Railway Engineers Association". In the event of conflict the provisions of the "General Specifications for Subgrade and Above Grade Crossings of Railway's Right of Way" shall supersede. 4 III. ABOVE GRADE STRUCTURES A. All applicaDle preceding sections will govern the installation. B. Minimum clearance of 23 feet 6 inches over top of rail of highest track shall govern the proposed structure. C. Predesign conference with the Chief Engineer will set forth horizontal clearance of subgrade, grade and above grade construction and structural limits. IV. ABOVE GRADE WIRELINES A. All power lines and cables will provide a minimum clearance above top of rail of highest track of 43.0 feet for up to 50 KV. An additional 0.4 inch of clearance must be provided for each KV in excess of 50 KV. B. All power lines and cables lying within a grade crossing will provide a minimum clearance above top of rail of highest track of 50.0 feet for up to 50 KV. An additional 0.4 inch of clearance must be provided for each KV in excess of 50 C. All cable will provide a minimum clearance above top of rail of the highest track of 43.0 feet. D. Any wireline or cable at a grade crossing protected with crossing gates must clear the tip of the gate are by a minimum of 6.0 feet when the gate are is in the raised position. E. Should the Railway add crossing gates to grade crossing protection, raising of wirelines or cables shall be preformed immediately on notice and at the sole cost and expense of the lessee. F. All applicable preceding sections will govern the installations. V. MISCELLANEOUS A. Cathodic protection of pipelines, cables, or casings. 1. When cathodic protection is provided, it shall be installed so as not to induce currents which will interfere with the signal apparatus of the Railway. Any changes required in the manner, method, or location of such cathodic protection shall be made at the sole cost and expense of the lessee and to the satisfaction of the Chief Engineer of the Railway or his duly authorized representative. B. Proposed structures must maintain a minimum 10 feet of horizontal clearance to the base of the signal/crossing gates. SPECIFICATIONS ADDENDUM JULY 1995 FOR DIRECTIONAL BORE INSTALLATIONS: 1. 10 foot minimum cover from top of the tie (beneath track structures) to top of bored pipe. 2. 4 foot minimum cover from ground level to top of bored pipe when outside of track structures. Last revised November 14, 1995 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~{~° - MEETING OF MARCH 18, 1997 BID AWARD/MAJESTIC GROUP ENTERPRISES, INC.: DATE: MARCH 14, 1997 This is before the Commission to consider approval of a bid award in the amount of $134,990 to Majestic Group Enterprises, Inc. as lowest responsive bidder (second low bidder) for N.E. 1st Court utility improvements. The project consists of demolishing Lift Station No. 9 and constructing an 8" gravity sewer main from N.E. 1st Court to Lift Station 100A at Veteran's Park. Also included is the construc- tion of an 8" water main on N.E. 1st Court and an overlay of the pavement. Eight vendors submitted bids for the completion of this project; Estrella Construction Company of Florida is the low bidder, but is non-responsive because they have neither a proper contracting license nor a Palm Beach County Certificate of Competency. It is staff's recommendation that the Commission reject the low bid and award the contract to Majestic Group Enterprises, Inc. as lowest responsive bidder, in the amount of $134,990. Recommend approval of Majestic Group Enterprises, Inc., for the N.E. 1st Court utility improvements. Funding is available from the Street Reconstruction (Account No. 334-3162-541-61.17; Renewal and Replacement (Account No. 442-5178-536-61.78) through budget transfers from Lift Station 9 (Account No. 442-5178-536- 61.37), and from Improvements Other - Southeast Interceptor (Account No. 442-5178-536-63.93). Agenda Item No.: AGENDA REQUEST DATE: March 11, 1997 Request to be placed on: x Regular Agenda __ Special Agenda ~ Workshop Agenda When: March 18, 1997 Description of item (who, what, where, how much) Project No. 95-63, NE 1st Court Utility Improvements This project consists of demolishing Lift Station 9 and constructing an 8" gravity sewer main from NE 1st Court to Lift Station 100A at Veteran's Park. Also included in this project is the construction of an 8" water main on NE 1st Court and an overlay of the pavement. The lowest responsible responsive bidder for this project is Majestic Group Enterprises, Inc. with a bid in the amount of $134,990.00. The funding source for Paving & Drainage is from the General Construction Fund: StrA, btaca,LReconstruction account no. 334-3162-541-61.17 for $43,160.00. The funding source for Water is from the R&R account no. 442-5178-536-61.78 for $36,210.00. The funding source for Sewer is from the R&R account no. 442-5178-536-61.37 for $55,620.00. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Project No. 95-63, NE 1st Court Utility Improvements to Majestic Group Enterprises, Inc. for their bid in the amount of $134,990.00. 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 (~/NO Funding alternatives ~t,4 (if applicable) Account No. & Description '~/- 3/,4~.- 5¥/- g~/?_/"~, ~'~.v~ ?--~,,u2. ~ ['z~,,.,~ Accountaalance ~'),-5'/7J~.~'~,~'-4~.~,7~/,~,-~-~. E,~.~ ~FT ~-/'~'~'/',) . Hold Until: ~ ' Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 95-63(A) projeots/g5-63/contrac~a~563.doc City of Delray Beach · Department of Environmental Services MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER~ ,~5~,~ i~ ,2 1997' FROM: C. DANVERS BEATTY, CITY ENGINEER//,/~' DATE: MARCH 11, 1997 SUBJECT: NE 1 ST COURT UTILITY IMPROVEMENTS PROJECT NO.: 95-063 Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on March 18, 1997. Based on our review, the apparent low bidder (Estrella Construction Co. of Florida) is non-responsive because they do not have the proper contracting license required. They have provided a Certificate of Competency for Dade County. The City requires a Palm Beach County Certificate of Competency and the two are not reciprocal. Therefore, it has been determined that the lowest responsible responsive bidder is the second low bid. We recommend award to Majestic Group Enterprises, Inc. for their base bid of $134,990.00. This project consists of demolishing Lift Station 9 and constructing an 8" gravity sewer main from NE 1 st Court to Lift Station 100A at Veteran's Park. Also included in this project is the construction of an 8" water main on NE 1 st Court and an overlay of the pavement. The funding source for this project is as follows: Portion of Project Funding So?~rc.y~e Account Number Bid Amount Paving & Drainage Gen. Const. Fund: ~'. Recon. 334-3162-541-61.17 $43,160.00 Water R&R 442-5178-536-61.78 $36,210.00 Sewer R&R 442-5178-536~61.3¢, $55,620.00 Please place this item on the agenda for commission approval. Enclosure cc: Joseph Safford, Finance Director Richard C. Hasko, P.E., Assistant City Engineer File: Project No.: 95-063 (A) proj ects\95\95-063\official\arm9563 .doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2q'AGER~ SUBJECT: AGENDA ITEM # ~/~ - MEETING OF MARCH 18, 1997 CHANGE ORDER AND CONTRACT ADDITION (C.O. #2) TO THE LIFT STATION 50 CONTRACT/MURRAY LOGAN CONSTRUCTION, INC. DATE: MARCH 14, 1997 This is before the Commission to consider Change Order #2 to the Lift Station 50 contract to Murray Logan Construction, Inc. for additional, unanticipated work at Lift Station 50, and contract additions for miscellaneous emergency and non-emergency repair work at Lift Station 14, the Water Treatment Plant, and the boat ramp at N.W. llth Street on Lake Ida, all for a total cost of $52,763. Funding is available from Manhole Rehabilitation (Account No. 442-5178-536-61.84) and Media Replacement - Water Treatment Plant (Account No. 442-5178-536-61.46), through budget transfer from Renewal and Replacement - Intracoastal Crossings (Account No. 442-5178-536-61.36), and from Parks - Other Repairs and Maintenance (Account No. 001-4137-572-46.90). Recommend approval of the Change Order to Murray Logan Construc- tion, Inc. Agenda Item No. ~ AGENDA REQUEST Date: March 11, 1997 Request to be placed on: X Regular Agenda Special Agenda __Workshop Agenda When: March 18, 1997 Description of item (who, what, where, how much): Staff request the City Commission to consider approval of a Change Order / Contract Addition (C.O. #2) to Murray Logan Construction, Inc. for the Lift Station 50 Piping Modifications (Proj 95-26) The work includes a change order removal/replacement of a deteriorated cast iron main and concrete pump pedestals at Lift Station 50; emergency repair of Lift Station 14 (Del Harbor Dr and A1A); miscellaneous piping and valves at the Water Treatment Plant to purge lime sludge buildup impediments in the Filter Building, Recovery Basin, Clarifier and cleaning of tiles in Filter #1. Also included is the installation of a sand-cement rip-rap mat at Lake Ida Boat Ramp to prevent "Prop Wash~. The Contract Addition is in the amount of $52,763.00 Funding is available from Account Nuraber 442-5178-536-61.84 (MH Rehab R&R ) for $24,506.00; 442-5178-536-61.46 (Filter Media Replacement R&R for $24,447.00; and 001-4137-572-46.90 (Parks Maint R&M) for $3,810.00 A budget transfer for the 442 accounts is attached. ORDINANCE/RESOLUTION REQUIRED: YES~FT ATTACHED Y~N~ Recommendation: Staff requests the City Commission to consider approval of a Contract Addition (C.O. ~2~Mur~an ~ruction Department head sig : ., ~(~ 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 Agenda Item No. AGENDA REQUEST Date: March 11, 1997 Request to be placed on: X .egular Agenda ecial Agenda ~shop Agenda When: 1997 Description of (who, what, where, how much): St request the City Commission to of a Contract Additi (C.O. #2) to Murray Logan Construction for the Lift Station 50 P Modifications (Pro~ 95-26) The work removal/replacement of a orated cast iron main at Lift Station 50; ~ency of Lift 14 (Del Harbor Dr and A1A); miscellaneous and valves at the Treatment Plant to purge lime sludqe buildup il in the Buildinq, Recovery Basin, Clarifier and ~iles in Fi #1. Also included is the installation of a sand-cement at Lake Ida Boat Ramp to prevent "Prop Wash". The Contract the amount of $52,763.00 Funding is available from Account 442-5178-536-61.84 (MH Rehab R&R ) for $24,506.00; 442-5178-536-61 (Filter Media Replacement R&R for $24,447.00; and 001-4137-572-46 Maint R&M) for $3,810.00 A budget transfer for the 442 accounts [. ORDINANCE/RESOLUTION REQU~ YES~ ATTACHED YES/~ Recommendation: Sta~ requests the City approval of a Contract Addition #2) to Department head, ~ignature: ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: O/N9 Funding alternatives A/~ r(if applicable) Account No. & Description ~q2-[,?;. ~7)~ Account Balance qq2 ~'g7 7~3{ City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Divis~/ Date: March 11, 1997 Re: Change Order / Contract Addition (C.O. No. 2) - Lift Station 50 Piping Modifications - Project 95-26 Attached for Commission approval is an agenda request for a Change Order / Contract Addition (C.O. #2) to Murray Logan Construction, Inc. for the above referenced project. The scope of work includes change order for removal/replacement of deteriorated piping and pump pedestals at Lift Station (LS) 50; emergency repair of Lift Station (LS) 14 (Del Harbor Dr and A1A); miscellaneous piping and valves at the Water Treatment Plant (WTP) to allow purging of the lime sludge impediments. Also included is the installation of rip-rap at Lake Ida Boat Ramp to prevent "prop wash" under the existing concrete boat ramp. This item was requested by Joe Weldon and was the cheaper of two alternatives discussed; the other being a "Petrflex" interconnected concrete mat for approximately twice the cost of the rip-rap. Schedule "A" attached to the Change Order specifically references these adjustments. The amount of the Contract Addition is an add of $52,763.00. Funding is from Account No. 442-5178-536-61.84 (MH Rehab R&R) for $24,506.00; 442-5178-536-61.46 (Filter Media Replacement R&R) for $24,447.00; and 001-4137-572-46.90 (Parks Maint Other Repairs and Maintenance) for $3,810.00. A budget transfer is attached. File: Memo to City Manager 9526A 9526memo CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINA3~ CONTRACT CHANGE ORDER %2 PROJECT NO. 95-26 DATE: PROJECT TITLE: Lift Station 50 Piping Modifications TO CONTRACTOR: Murray Logan Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete repair/remedial work at Lift Station (LS) 50, Lift Station (LS) 14, Water Treatment Plant (WTP) and Lake Ida Boat Ramp per Schedule "A" attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 88,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 17,720.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $105,720.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 52,763.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $158,483.00 PER CENT INCREASE THIS CHANGE ORDER 60% TOTAL PER CENT INCREASE TO DATE 80% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. MURRAY LOGAN CONSTRUCTION (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Servece Department 442-5178-536-61.84 (MH Rehab R&R) for $24,506.00; 442-5178-536-61.46 (Filter Media Replacement R&R) for $24,447.00; and 001-4137-572-46.90 (Parks Maint Other R&M) for $32,810.00. DELRAY 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 Lift Station 50 Piping Modifications (Proj 95-26) Change Order / Contract Addition (C.O. 02) Schedule ~A" Page 1 1. L.S. 50 (Change Order)- Remove approx 95' of existing deteriorated 14" cast iron force main on Lowson Blvd outside station encountered during installation of piping for station; replace with 95' of 14" C-900 PVC piping. Tie-ins to existing piping at night during low flow conditions. $5,354.00 2. L.S. 50 (Change Order) - Remove and replace the three existing deteriorated concrete pedestal supports under pump bases; construct new concrete pedestals with anchor bolts. Pedestals constructed one at a time to allow station to remain in service. $5,000.00 3. L.S. 14 (Contract Addition) - Install emergency pumpout for bypass pumping during repairs; set-up and maintain bypass during rehabilitation; remove existing pump rails and PVC piping in wet well; furnish and install new piping; furnish and install new guide rails in wet well; replace plug valves; reinstall existing pumps and guide rail brackets; restore asphalt pavement outside station. $14,152.00 4. W.T.P. (Contract Addition) - At Filter Gallery (Filter #1) remove 24" tee/install blind flange to allow access for cleaning of tiles in filter; furnish and install 90 degree MJ DIP double ell on new concrete pedestal; cleaning of filter tiles by others. $3,928.00 5. W.T.P. (Contract Addition) - Install four (4) line cleanouts on drains at Filter Building including connection to existing 8" piping; bends and piping to above grade; 2" valve assemblies at each location. Cleanouts required to provide strategic access to piping to eliminate blockages due to lime sludge buildup during dewatering. $8,500.00 6. W.T.P. (Contract Addition) - Install 6" DIP tee and bypass drain outfall from Sludge Recovery Basin to Retention Area; regrade and sod. Bypass required to blowdown recovery basin in case of periodic sludge blockages in piping from Sludge Thickener to Retention Area. $3,419.00 Lift Station 50 Piping Modifications (Proj 95-26) Change Order / Contract Addition (C.O. #2) Schedule "A" Page 2 7. W.T.P. (Contract Addition) - At Clarifier No 2. modify two (2) 6" Piping including new check valves; furnish and install two (2) knife valves w/S.S, seats and 6" flange x PE pipe with uniflange at each location. Lime sludge buildup has caused the existing check valves and plug valves to not seat completely; new knife valves should provide should provide seat tightly. $8,600.00 8. Lake Ida Park Boat Ramp (Contract Addition) - Excavate at ramp; furnish and install mirafi filter fabric on grade; furnish and install 18" of sand cement rip-rap and 6" of bedding stone on top of filter fabric. Approximate area of installation is 21' x 20' area. Installation is required to prevent "prop wash" undermining of concrete ramp. $3,810.00 TOTAL CHANGE ORDER #2 $52,763.00 CONTRACT SUb94ARY Contract Amount $88,000.00 Contract Addition (C.O. ~1) (L.S. 81 & 83 Repairs) $17,720.00 Change Order/Contract Addition (C.O. #2) (Per Above) $52~763.00 TOTAL CONTRACT THRU C.O. #2 $158,483.00 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND ADOPTION OF RESOLUTION NO. 25-97 DATE: MARCH 13, 1997 The terms for Tokunbo Abiose (residential building industry representative), Sherry Johnson (representative of those engaged in home building), Thomas G. Hinners (citizen-at-large serving as an advocate for low-income persons), Fred Griffin (provider of affordable housing), and Elizabeth Debs (citizen-at-large) will expire on March 31, 1997. Mr. Abiose, Mr. Griffin and Mrs. Debs are not eligible for reappointment since each has served two successive terms. Ms. Johnson and Mr. Hinners were initially appointed to fill unexpired terms. They are both eligible and would like to be considered for reappointment. The Affordable Housing Advisory Committee meets on a bi-monthly basis (or as needed) for the purpose of developing strategies to provide housing to meet a wide range of economic abilities. The term is for two (2) years, begining April 1, 1997, and ending March 31, 1999. City residency is not required. The following persons have applied: Residential building iqdustry/contractor position (appointment by Commissioner Kiselewski, Seat #1) Albert McNamara Representative of those en~a~ed in home buildin8 (appointment by Commissioner Egan, Seat #2) Sherry Johnson (incumbent) Advocate for low-income persons (appointment by Commissioner Ellingsworth, Seat #3) Thomas Hinners (incumbent) * Carmelita A. Smith (has also applied as citizen-at-large) William T. Square Provider of affordable housing (appointment by Commissioner Randolph, Seat #4) No applications on file at this time, staff is pursuing qualified applicants. However, a citizen-at-large may be considered. Citizen-at-Large (appointment by Mayor Alperin Seat #5) Joseph D'Ambrosio Renee Dillon Joseph Farkas Edward McCall Ilse Nathan Pravin C. Shah Carmelita A. Smith (has also applied as advocate for low- income persons A check for code violations/municipal liens was conducted. None were found. Recommend the appointment of five members to the Affordable Housing Advisory Committee for two years, ending March 31, 1999. Once the appointments are made, formal adoption of Resolution No. 25-97 is requested. afford.doc RESOLUTION NO. 25-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO STATE LAW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida, under specific authority established by State Statute, has established the State Housing Initiative Partnership (SHIP) Program which requires the City to establish an Affordable Housing Advisory Committee; and WHEREAS, the Affordable Housing Advisory Committee was established pursuant to Ordinance No. 2-93, passed and adopted on second and final reading by the City Commission on February 23, 1993; and WHEREAS, the Affordable Housing Advisory Committee membership was established by Resolution No. 17-93 and Resolution No. 29-93, passed and adopted by the City Commission on March 10, 1993 and March 23, 1993, respectively; and WHEREAS, five of the nine membership positions on the Affordable Housing Advisory Committee will become vacant on March 31, 1997, due to the expiration of terms; and WHEREAS, the City Commission desires to appoint members to the Affordable Housing Advisory Committee to fill the vacancies created by the expiration of these terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following members of the Affordable Housing Advisory Committee are hereby appointed by the City Commission to terms commencing on April 1, 1997, and ending March 31, 1999: Albert McNamara , a representative of those engaged in the residential building industry Sherry Johnson , a representative of those engaged in home building Thomas Hinners , an advocate for low income persons Postponed to 4/15/97 (See Res. #36-97) , a provider of affordable housing Carmelita A. Smith , a citizen-at-large Section 2. That this resolution shall become effective immediately upon its passage. PASSED ~ ~OPTED in regular session on this the 18th day of March, 1997. ATTEST: ~City C~pk ..... ! - 2 - Ord. No. 25-97 AFFORDABLE HOUSING ADVISORY COMMITTEE 1997 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Tokunbo Abiose P Lloyd Hasher P Thomas Himners P Fred Griffin P Elizabeth Debs A Leslie Horenburger P George Maso Jones P Sherry Johnson (appnt :/97) AFFORDABLE HOUSING ADVISORY COMMITTEE 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Tokunbo Abiose p A P A Lloyd Hasher (appnt 3/96) P A A Vacancy ~ Thomas Hinners (appnt 11/96) ~ "=~ =~ Fred Griffin P ~ · A P P ~ Vacancy ~ ~ Elizabeth Debs A P A P Leslie Horenburger (ap[at 3/S$) P A P George Maso Jones (appr t 3/9t) P P A MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY M~AGER~fit~ SUBJECT: APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD DATE: MARCH 13, 1997 With the adoption of Ordinance No. 59-96 on January 21, 1997, the Nuisance Abatement Board was established to hear evidence relating to the existence of certain public nuisances on premises located in the City. The board is to consist of five (5) reqular members and two (2) alternate members each appointed by an affirmative vote of at least four members of the City Commission. Members must be residents of the City. The initial board is to be appointed as follows: Two regular members appointed for a term of one year ending March 31, 1998. Three regular members appointed for a term of two years ending March 31, 1999. Two alternate members appointed for a term of two years ending March 31, 1999. Applications were solicited through newspaper advertising as well as the posting of notices at City Hall, the Community Center, Pompey Park and the Police Department. In addition, notices were sent to the various homeowners associations throughout the City. To-date, the following applications have been received: Mary Alford Yvonne Baine Diane E. Borchardt Michael Coston Deborah D. Dowd William O. E±saman N. Jean Heinly Daryl Nathanson Edward A. Ostrowski, Jr. Willie Potts, Jr. (currently serving on the Pompey Park Advisory Committee) George A. Rotchford Vera Scott Jimmy Weatherspoon Clifford P. Wright, Jr. Members of the Nuisance Abatement Board shall be persons who reside in the City. Pursuant to Commission direction, a check for possible code violations and/or liens was conducted. Copies of landscaping violations and public nuisances are attached to the application of Mr. Weatherspoon. ~-]- MEMORANDUM: City Commission March 13, 1997 Page 2 The suggested appointment order is as follows: Commissioner Kiselewski (Seat #i) - a regular ~ 0©~3~ member to a one-year term ending March 31, 1998 Commissioner Egan (Seat #2) - a regular member O~ ~O~!~~ to a one-year term ending March 31, 1998 Commissioner Ellingsworth (Seat #3) - a regular D~-~I ~D5~7~ member to a two-year term ending March 31, 1999 Commissioner Randolph (Seat #4) - a regular member ~li~OF~D ~'~k~ to a two-year term ending March 31, 1999 Mayor Alperin (Seat #5) - a regular member to a ~OOOD~ ~'D~-~ two-year term ending March 31, 1999 Commissioner Kiselewski (Seat #1) - an alternate ~.~g~ ~'~l~ member to a two-year term ending March 31, 1999 Commissioner Egan (Seat #2) - an alternate member ~ZP <P5~3~5~ to a two-year term ending March 31, 1999 - Recommend appointment of five (5) regular members and two (2) alter- nate members for initial terms to the Nuisance Abatement Board. nui.doc CITY OF DELRAY BEACH BOARD MEMBER APPLICATION HOME ADDRESS (Street, City, Zip Co~) (LEGAL RESIDENCE) INCIPAL BUSINESS ADDRESS (~treet,"Cit~ Z~p Code) ' '~ .. oME P ONEf / BUSINESS PHONE ON.WHAT BOARDS ARE YOU INTERESTED IN ~ERVING LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS r~.*~ '~ ~ i'.~')¥-",, LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD DESCRIBE EXPERIENCES, SKILLS OR KNOWL£DGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD PLEASE ATTACH A BRIEF RESUME. I HEP, EBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 4/90 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ttOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) PRINCI?AL BUSINESS ADDRESS (Street, City, Zip Code) so~ I'SONE a~?~-/l~G BUSINESS ?HONE ON WBAT BOARDS ARE YOU INTERESTED IN SERVING LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD ~ rou~ ~s~st, o~ Host ~o[st ~o~, DESCRIBE E~ERIENCES, SKILLS OR ~O~EDGE ~ICH QU~IFY YOU TO SERVE ON THIS 2L~SE ATTACH A BRZEF ~S~. I ~E~Y ~ERTZ~ ~T ~L THE ~OVE sTAT~NTS ~E ~RUE, U~E~T~ T~T ~ ~ZSSTAT~NT OF ~TERZ~ FACTS 00NTAYNED ZN ~ZS ~PLZCA- ~ZON ~Y CAUSE FORFEZTURE UPON ~ P~T OF ~ ~POZN~NT Y ~Y RECEZVE, 6/90 Diane E. Borchardt, AICP 625 Heron Drive Delray Beach, Florida 33444 561-393-7959 (W) 561-272-1196 (H) PROFESSIONAL EMPLOYMENT June 1995 PLANNER, CITY OF BOCA RATON, DEVELOPMENT to present SERVICES, BOCA RATON, FLORIDA. Responsibilities include: · Reviews, prepares, and processes land development and land use applications · Presents findings and recommendations to the Planning and Zoning Board, Zoning Board of Adjustment, and City Council · Researches and drafts code amendments · Prepares technical studies and reports · Heavy contact with the public on a daily basis regarding zoning regulations, occupational licenses, and active land use petitions · Prepares new Conservation Element of the Comprehensive Plan for the Evaluation & Appraisal Report including new goals, objectives and policies, and data and analysis March 1992 ENVIRONMENTAL PLANNING OFFICER, CITY OF to June 1995 BOCA RATON, DEVELOPMENT SERVICES DEPARTMENT, BOCA RATON, FLORIDA. Responsibilities included: · Environmental analysis and approval o£all commercial and multifamily sites including sites designated conservation and environmentally sensitive · Management plan development and activities for all publicly owned environmentally sensitive preserves · Monitor all private preserves · Liaison with City designated boards and committees and County and State agencies pertaining to environmental issues · Development and processing of all municipal environmental legislation April 1991 PLANNER VI, OFFICE OF RAPID TRANSIT, CITY AND to December 1991 COUNTY OF HONOLULU, HAWAIi. Responsible for the timely production of the Final Environmental Impact Statement for the Honolulu Rapid Transit Project, an I g-mile fixed rail, elevated guideway rail system, for the Island of Oahu. Responsibilities included: · Evaluation of all environmental impacts and determination of mitigative measure effectiveness, alignment placement and impact analysis · Land use analysis for possible joint development projects · Development of Memorandum of Agreement with the Department of the Navy for extensive toxic waste cleanup Diane E. Borchardt- Page 2 PLANNER V, ENVIRONMENTAL AFFAIRS BRANCH, September 1989 DEPARTMENT OF LAND UTILIZATION, CITY AND to May 1991 COUNTY OF HONOLULU, HAWAII. Responsibilities included: · Development of wetlands legislation for the Island of Oahu · Development of Oahu seawall inventory process and database · Review and evaluation of development in the Special Management Area (SMA) and Shoreline Setback Area · Hearings o~cer and staffplanner for SMA and Shoreline Setback Variance (SV) public hearings · Make presentations to community and legislative groups · Review and evaluation o£ Environmental lmpact Statements for accurate and thorough documentation of environmental issues and compliance · Preparation of recommendations for the Department to City Council · Taught environmental portion ora college course offered to the public · Supervised two other planners in the division September 1988 PROJECT MANAGER, DHM INC., HONOLULU, to July 1989 HAWAII. Responsibilities included: · Determination and evaluation of project impacts relating to environmental, socio-economic and land use issues for a wide variety o£projects (see attached list) · Production of environmental assessments and environmental impact statements · Timely processing of all appropriate applications including zoning amendments, SMA determinations, special design districts, development plan amendments June 1984 STUDENT AND FELLOWSHIP COORDINATOR, to December 1987 SCHOOL OF HAWAIIAN, ASIAN AND PACIF1C STUDIES, UNIVERSITY OF HAWAll. Responsibilities included: · Management of 16 university-wide fellowship and scholarship programs · Coordination &Asian Studies graduate student academic program including advertisement, recruitment, admissions, advising, curriculum, and international publicity campaign Diane E. Borchardt - Page 3 EDUCATION May 1985 Masters - Urban and Regional Planning. University of Hawaii- Manoa August 1976 Masters - Political Science. University of Hawaii-Manoa June 1974 Bachelor of Arts - Psychology. University of Hawaii-Manoa PROFESSIONAL AFFILIATIONS * American Planners Association Intemational Association of East-West Center Alumni, Honolulu, Hawaii REFERENCES Furnished upon request. CITY OF DELl{AY BEACH BOARD MEMBER APPLICATION HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) .o~ m~om~ ~P7 ~ - ~ ~ 7 ]~USINESS PHONE ~ ?- 7/'~ ON W'MAT BOARDS ARE YOU INTERESTED IN SERVING ~\t~"~w%c~_ I ~,'~:~], y LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) l' LIST AB'Y RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR ~OST RECENT ~LO~ER, ,~ POSITION DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD PLEASE ATTACH A BRIEF KESUM~. I HE'IiI~¥ CERTIF~ TItATALL THE ABOVE STATEI~gNTS AKE TRUE~ AND I AGREE AND IIIfl)EP, STAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TIONM~¥ CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.. 6/90 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME Yvonne Baine 707 N.W. MLK Blvd. Delra¥ Beach FL 3344~ HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) P.O. Box 1565 Delray Beach FL 33444 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 278-9777 BUSINESS PHONE N/A ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Nuisance Abatement Committee LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) land use committee EDUCATIONAL QUALIFICATIONS B.S. Florida A&M University M.S. Columbia University LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD N/A GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Retired DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD I have lived and been active in the life of Delray Beach for 70+ yrs. as a resident, school teacher\ and community leader. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. SIGNATURE DATE 4/90 Yvonne Baine 707 N.W. MLK Blvd. Delray Beach FL 33444 561-278-9777 Objective: To serve as a member of the Nuisance Abatement Committee Highlights: · :}4 years as a Palm Beach County school teacher · strong leadership skills · strong sense of community · ability to be open, objective, and firm · a widow, mother, and grandmother Education: B.S. Florida A&M University M.S. Columbia University Employment: Retired (school teacher) Committees: · Eastern Stars Ocean City Chapter 116 · Nacirema club · Pianist for Mt. Olive · Sunday School Teacher at Mt. Olive · vocational Bible Studies at Mt. Olive · Phi Delta Kappa · Epoch committee FEB'lO-199'7 [~:3:S2 FIRST SOUTHERN E]~NK CI~ OF DEL~Y B~ ~0~ ~ER ~PL~ION N. Jean Heinly 2905 Salerno Way, Delray Beach, FL 33445 H~ ~D~SS (Street, C~, Z~p Code) (LEG~ ~SID~CE) First Southern Ba~, 1 South Ocean Blvd., Boca Raton, FL 33432 ~INC~ BUS~S ~D~SS (Street. C~ty, Zip Code) ~ ~0NE (561) 49~-3102 BUSI~SS P~O~ (561) 361-3484 ON ~T BOA~S ~ ~OU I~ST~ IN SERVING Nuisance Abat~ent Board and perhaps others that come available LIST ALL CITY BOARDS ON ~"~ICH YOU A~E C~NTL¥ SERVING OR HAVE PREVIOUSLY SERVF..D (Please ~nclude dates) none EDUCATIONAL QUALIFICATIONS Florida School of Banking Inactive Florida Real Estate Broker LIST A~Y ~LATED PROFESSIONAL CEJ[TIFICATIONS AND LICENSES UHICH YOU HOLD Real Estate Broker GIVE ¥0UR P~SENT, OR MOST ~CENT ~LOYER, ~ POSITION Vice President, Branch Supervisor, Co~ercial Lender DESC~BE E~ERIENCES, SKILLS OR ~O~EDGE ~ICH QU~IFY YOU TO S~VE ON ~IS Board of Director m~er of the Haven - 3 years; Treasurer, V.P., President & Advisor for Women's Exe~tive Club of So. P.B.Co., Past me~er of Cquqt~ Line Toas~aster's Club,Mother of son who has ~ drug problem. Have been active in trying to "keep him clean", used PLaK A~ACH A B~IEF ~S~. many technicques, including The ~archman Act. I H~Y CERTI~ ~T ~L ~ ~OVE STARTS ~ TRUE, ~ I AG~ ~ ~T~ ~T ~ ~SSTA~NT OF ~T~ PACTS CO~AI~ ~ ~IS ~PLICA- TION ~X ~USE FO~EI~ ~ON ~ P~T 0P ~ ~POI~T I ~Y ~CEI~.. 4/90 FEB-10-199? 09:S~ FIRST SOUTHERN BRNK ~ ~.~4/u4 ._N. Jean Heinly 2905 Salerno Way Delray Beach, FL 33445 (561) 499-3102 OVI~RVl]gW Remalts-oriented, highly motivated individual with ability to channel energies toward targeted goals. Proven experience in: Sales/Management/Operations/Lending/Business Development for Commercial Banks & Savings & Loan Assooiations; and Prior Real Estate Sales. EXlSEI~II~.NCE Firs[ Southern Bank, Boca Raton, FL, Vice President, Branch Supervisor of A1A branch and Commercial Lender - 8-95 to present. Have managed branch, established a team- oriented staff, changed deposit mix per Senior Management's instruction and doubled size of loan portfolio. 1st .United Ba~'dg Boca Rator~ FL, Vice President - 5/89 to 8/95. For last 1+ years established and managed MC/VISA Merchant Program and Credit Card Issuance DepatUnent for bank. From 5/89 to 6/94, waa Branch Manager of the Main Office responsible for daily operations, personnel, commercial and installment lending and business development. I was recruited for position by the Bank's President because of my banking connections in the Boca Raton area. During my employment at 1 st United Bank, I developed and serviced an $11,000,000 loan portfolio from prior customers and uheir referrals and have met ali deposit goal expectations. Flagler National Bank, West Palm Beach, FL, Asst. Vice President - 7/84 to 5/89. Banking Center Manager of Boca East office, one block fi-om ALP,_ Responsible for business development, commercial and installment loans, banking center operations and disseminafiorff'maplernentation of policies established by Senior Management. This position gave me the opportunity to develop a customer base with private banking customers and sophisticated business owners. I worked with many professionals and high net worth individuals. My banking style relates well to this clientele since I am adept and experienced in all aspects of banking including, but not limited to, investments, lending, counseling, etc. I develop close relationships with my customers and gain their respect and ioyalt% FEB-10-199? 09:53 FIRST SOUTHERN BANK 2 P.04/04 Jean Heiniy- Pa_ne 2 Gould Real~ of Florida, Inc., Wellington, FL. Sales Associate/Broker- 3/81 to 6184. Sold new homes and multi-family units in Wellington Sales record was $1,260,500 in 1981 (9 months); $2,480,500 in 1982 (#1 salesperson); and $3,532,577 in 1983 (#1 salesperson); and $1,346,202 in 1984 (6 months). Hom~ Feders) Savings ~ Loan Assn., Palm Beach, FL, Asst. Vice President - 7/78 to 2/81. Managed largest branch at the Palm Be~ch Mall. Responsible for direct supervision of branch, mortgage and installment loan activities, security and compliance. EDUCATION Windber, PA - High School (Commercial Degree) - Honor Student Univ. of Central FL - Business Management School, 1980 Univ. of Fl, Galnesville, FL - Florida School of Banking - Graduated in top 10% of class in 1987. Real Estate Salesman's License - 1980; Broker's License - 1982 Personal and business available upon receipt. TflTI~II P. ~ TEL N0,561 276-141.5 Hat 01,97 10:47 P.O; tOUC~TZO~ qU~Z~ZCArro~S _ _ ~{~ ~ I. IST &Iff ItiCLATF, D laROI*gSSI01~L CKP, IIFICATIOIq$ AND LIGE, IqS~S l, ll.llCtl YOU 1tO1.0 GIVE YOUR PF~SZI~T, OR I'~OST R~CENT ]L~LOYERo AND POSITION __-::: _ DZSC~BZ E~ZalENCES, SKILLS OR ~O~DOg ~I:CH ~U~IF~ YOU TO S~KVE ON TH~S __ T~. ~. ~~ ..... --~-: ..... - ..... FLF, d~K ATTACH A BRIEF R,~SUHE. ~T~ THAT ~ ~ISSTAT~HT OF ~TgRX~ F~T$ C~TAI~ IN THIS ~PLICA- TIOS ~ ~USE FO~EITUR~ ~PON ~ P~T OF ~ ~POXN~ X ~Y IEC~VE. t~.~/o6/~7 16:.55 ~'4072437816 DELRAY BEACH PD --- CITY CLERK 1~1002/002 OSTRO~ISKI TEl_ N0.$61 276-1415 Mar 0~,97 1~:32 P,01 F.D OSTROWSK! Df~.LE.~Y BF.^Cil, ~"I. ~3455-S125 ! movoJ to l)~r~y B~.h Jsnuary o1' 1~81, from wcst~cmt~ ~un~, i~t n~rIl~ Yo~ ~, My ~alion ~ due to ~ hn~n~ ~pt~ s m~ns~g ~ositkm wifl~ ~e n~ly form~ IBM Pe~ (~mpm~r In btc 1989 1 ~ invi~ ~ ~e P~tident~ Chief Ope~ting Officer and ~~ of a I~ Bdg~h ~mpany {13~ emplnyc~) lo~ated in I long ~n~ ~unn~ o~ns ~ Ash, ~fic Ba~, l~x~, C~s, Mcxicn snd ~e U.S., Si.~ ~c~g tn l)~ Bea~ ~ l~bru~'y of ~ 99~ I have ~y pa~pal~ ~l~x ~rk Thia le~udcs: 'l~a~in~ computer us~ to tenio~ ~ti~a~ throuRh "~lorNel", ~ ComplctWg flxe (X~% ~ Acnd~my. A.~l~ ~c D~l~y Beach Poli~ ~ $mi~), doini sn~lymi~ of c~me Wor~g ~ a l~ng F. nfo~c~t F~b~s~g, computer dina b~ for Ibc PIeS B~ng P~aident of ~e "Chu~ill" ~mdo Thc itcmm mn~li~d ** above led me to ~ive "voluntg~;r of th~, ,~pt~mbe~, 1995 fn)m the D¢lray Chamber of Commerce and thc l)¢lray TEL. N0.561 275-1Z115 P~ar 01,97 10:47 P.02 Ed .Ostrowski I am now retired after spending almost five years in Hung Kong. There I was President, Chief Operating Officer end Executive Director ufa large British company (13,000 employees) having operations in Asia, Pacific Basin, Europe, Canada and the U.S.. Prior to that I spent ;}1 years with IBM in numerous management positions at many different locations. [lTV OF IDELRRV BERgH CiTY ATTORNEY'S OFFICE ':~,,., .:::,.~,~"'~ ~''''~. ~,, ~. :::.._~,,~, :~ ~" "~": ~ ~:'~ ~-~'~ '~'~"~:'" ~'~'~'~' ~ Writer's Direct Line: (561) 243-7091 DELRA¥ BEACH lll.lmerica City MEMORANDUM 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Constitutional Revision Commission Potential Constitutional Amendments Our office has received a letter from the General Counsel of the Florida League of Cities, including an initial list of potential constitutional amendments that may be beneficial to cities. The League desires review and comment on the initial list by April 1., 1997. By copy of this memo to City Manager David Harden, our office requests that this matter be placed on the March 18, 1997 City Commission agenda for review and comment on the proposed changes. Please call me if you have any questions. cc: David T. Harden, City Manager consti, sar t4AR 12 1997 LEAGUE Memorandum To: Florida's City Attorneys From: Chip Morrison General Counsel Jane Haymanm~ Deputy General Counsel Re: Constitutional Revision Date: March 6, 1997 Beginning in June of this year and continuing through the 1998 general elections, a comprehensive review of Florida's Constitution will be undertaken by the Constitutional Revision Commission. The purpose of this memorandum is to respectfully request you take a moment of time to reduce to writing changes to Florida's Constitution you believe would be beneficial to municipalities. Under Art. XI, Sec. 2, Fla. Const., the Governor, the Speaker of the House, the President of the Senate, and the Chief Justice of the Florida Supreme Court will appoint the Constitution Kevision Commission within 30 days following the adjournment of the 1997 Legislature (i.e., early June, 1997). The Commission will have until early May, 1998, to review Florida's Constitution and to submit proposed amendments and revisions for placement on the ballot during the 1998 general elections. I've attached for your review and comment an initial list of suggested changes compiled by this office. Any comments on the suggested changes and any additional suggested changes from you would be greatly appreciated as we believe your knowledge places you in a very unique position to suggest changes that truly benefit municipalities. It would be our hope that those of you who 'respond to this request would ultimately help us to prioritize the suggested changes once we have compiled a comprehensive list of suggestions. Your response to this request by April 1 would be greatly appreciated. Please don't' hesitate to call Jane Hayman or me if you have any questions. Thank you in advance for your assistance. CM/thr attachment 201 West Park Avenue · P.O. Box 1757 · Tallahassee, Florida 32302-1757 · (904) 222-9684 · Suncom 278-5331 DRAFT POTENTIAL CONSTITUTIONAL AMENDMENTS HOME RULE · Provide that a local ordinance prevails over a state law to the extent of any conflict. Provide the state legislature cannot pass general laws that address matters that are primarily local in nature. Codify the judicial rule that municipal ordinances and municipal actions are presumed to be lawful. · Provide that municipalities are exempt from any state administrative procedures act. · Assure all zoning and land use powers are vested with local government. · Reestablish some form of municipal courts. · Revisit the extent to which counties may amend their charters to preempt the home rule authority of municipalities. · Permit municipalities to annex by ordinance. · Permit the creation, merger and/or dissolution of municipalities without a special act upon an affirmative vote of the citizens of the municipalities. · Require a "super majority" vote of the state's electorate to ratify any constitutional initiatives that limit municipal home rule authority or that limit municipal revenue authority. · Provide that a constitutional initiative that limits municipal home rule authority or that limits municipal revenue authority will not be effective in a municipality unless ratified by the municipality's electorate. STATE MANDATES · Strengthen the "mandates" provision. · Provide that statutes and agency rules promulgated thereunder do not apply to municipalities unless the statute is made specifically applicable to the municipality. · Eliminate the deference given to state agencies in the promulgation of their rules when the rules apply to municipalities. · Prohibit state mandated municipal employee benefits. · Eliminate civil service for those employees that collectively bargain. · Provide for a "mini-Hatch Act." TAXATION AND FINANCE · Permit municipalities to levy taxes not authorized by general law upon the affmuative vote of the municipality's electorate. · Eliminate double taxation. · Assure municipalities may receive reasonable compensation for the use of rights - of-ways within municipalities. · Assure all municipal property is exempt from taxation. · Remove the municipal ad valorem mileage limitation and provide an additional constitutional local option tax for municipalities (e.g., sales and/or gas tax). · Replace the cigarette tax as the dedicated source of municipal revenue sharing with a growing source of revenue and codify the dedicated source. · Permit taxes to be authorized by special act. · Codify existing municipal authority to levy user fees. · Provide for payments in lieu of municipal taxes by the state and its agencies and political subdivisions. · Require that all entities, including schools and universities, pay their fair share for the impact their development has on municipal services. · Revisit the distribution formulas for countywide taxes shared with municipalities. OTHER · Codify municipal sovereign immunity. · Modify financial disclosure to provide an element of privacy for disclosed financial information. · Modify the "dual office holding" prohibition to permit elected and appointed officials to hold multiple appointed positions. · Provide that the authority to penalize municipal officials for ethics violations is vested with the governing body of the municipality. · Modify the public records law and public meetings law to make them less burdensome to municipal officials and employees. 2 CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 18, 1997 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED AS FOLLOWS: RESOLUTION NO. 27-97: A Resolution amending Resolution No. 17-97 establishing a coordinator for the ICMA Retire- ment Trust as established in Resolution No. 17-97. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ - MEETING OF MARCH 18, 1997 RESOLUTION NO. 27-97 DATE: March 18, 1997 On March 4, 1997 Commission approved Resolution No. 17-97 which established a Money Purchase Plan and Trust through the International City Management Association Corporation for certain eligible employes. Resolution No. 27-97 is an addendum to that resolution which executes the Declaration of Trust of the ICMA Retirement Trust and established the coordinator of the program City Manager recommends approval of Resolution No. 27-97 MAR--18--9? TUE 09:~2 ICMA 2829624681 P.02 " ICMA RETIREMEN'r CORPORATION ! II 77~ North C~[~tol :Stleot. NE March 1 8, 1 997 W,~h,,gton. DC 2000~.42~0 202-962-4600 202.952-a60 t ~ T0~t-Fr~e ~-GG~.7400 David T. Harden City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Harden: We have received adoption materials to implement the ICMA Retirement Corporation Prototype Monev Purchase Plan for the City of Dolray Beach. To officially establish the plan, we must receive an addendum to the resolution which properly executes the Trust, end designates a plan coordinator. Assets in your 401 (a) plan that are administered by the Retirement Corporation are invested in the interests in the ICMA Retirement Trust, which was established to hold the commingled assets of the public employers who have adopted the Trust. Adoption of the Trust ensures the City's eligibility to invest its plan assets in interests iff the Trust end also preserves the City's representative control of the Trust through its right to vote for members of the Board of Trustees of the Trust. All assets submitted to the ICMA Retirement Trust from the City of Delray Beach cannot remain in the Trust without the modified resolution. Please review and execute the attached amendment and forward it to my attention prior to March 31, 1997. The official Notice of Plan Acceptance will be forwarded to you upon receipt of the modified resolution. Should you have any questions or require additional assistance, please contact me at 1 (800)326-7272. Sincer~v, Implementation ICMA-RC Services, Inc. Attest: MAR-- I 8--97 TUE I 6 - ~2 I~MA--RET I REMENT CORP P . 02~ March 18, 1997 Kecia Morton Implementation Analyst tCMA Retirement Corporation 777 North Capitol Street, N.E. Suite 600 Washington, DC 20002 RE: City of Delray Beach Account Number 109648 Dear Ms. Morton: The following is an addendum to Resolution No. 17-97 which was passed and adopted on the 4th day of March, 1997. BE IT FURTHER RESOLVED that the City of Delray Beach hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the ICMA Retirement Trust. BE IT FURTHER RESOLVED that the. (title) shall be the coordinator for this program; shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust; Shall cast, on behalf of the ~,;~,r~h ,~or= .'-~ 'L~p~,~-er~, any required votes under the ICMA Retirement Trust; Administrative duties to carry out the plan may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with the ICMA Re~rement Corporation incidental to the administration of the plan. Sincerely, City Manager Attest: RESOLUTION NO. 27-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 17-97; BY ADDING THE DECLARATION OF TRUST ON THE ICMA RETIREMENT TRUST; ADDING THE COORDINATOR FOR THIS PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the following is an addendum to Resolution No. 17-97 which was passed and adopted by the City Commission of the City of Delray on March 4, 1997, establishing a Money Purchase Plan and Trust (the "Plan") for certain eligible management match employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: the City of Delray Beach hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the ICMA Retirement Trust. Section 2: the City Manager shall be the coordinator for this program; shall receive necessary reports, notices, etc., from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the City of Delray, Florida, any required votes under the ICMA Retirement Trust; administrative duties to carry out the plan may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the plan. PASSED AND ADOPTED in regular session on this 18th day of March, 1997. ATTEST: ~ity-C~k I RESOLUTION NO. 17-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ESTABLISHMENT OF A MONEY PURCHASE PLAN AND TRUST THROUGH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION FOR CERTAIN ELIGIBLE EMPLOYEES; PROVIDING A MATCHING PROGRAM; PROVIDING FOR THE CITY TO ACT AS TRUSTEE; PROVIDING FOR ADMINISTRATION OF THE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach (the "City"), in addition to already established plans, desires to establish a Money Purchase Plan and Trust (the "Plan") for certain eligible management match employees, as designated in Exhibit A; and WHEREAS, the City desires that the money purchase retirement plan be administered by the ICMA Retirement Corporation and that the funds held under such Plan be invested in the ICMA Trust, a Trust established by public employers for the investment of funds; and WHEREAS, the City desires to provide a matching contribution for eligible employees as shown in the adoption agreement, subject to state and federal laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City hereby establishes a money purchase retirement plan (the "Plan") in the form of: The ICMA Retirement Corporation Prototype Money Purchase Plan and Trust, pursuant to the provisions of the adoption agreement as set forth in Exhibit B attached hereto. Section 2. That the City shall contribute a three percent (3%) match to the Plan for participating eligible match employees. Section 3. That the City hereby agrees to serve as trustee unde~ the Plan and to invest funds held under the Plan in the ICMA Retirement Trust. Section 4. That the City Manager shall cast, on behalf of the Employer, any required votes under the IC~ Retirement Trust, execute all necessary agreements with the IC~ Retirement Corporation incidental to the administration of the Plan, may receive all reports and notices from the IC~ Retirement Corporation and may delegate any ad~nistrative duties. PASSED AND ~OPTED in regular session on this the 4th day of March, 1997. ATTEST: ~City C~rk - 2 - Res. No. 17-97 Exhibit A Eligible Management Match Employees Who Have Opted Out of City Pension Plans Barcinski, Robert A. Butler, Lula C. Dominguez, Diane C. Greenwood, William H. Gusty, Edward J. Harden, David T. Overman, Richard G. Rehr, Robert B. Ruby, Susan Tolces, David N. Weldon, Joseph H. Exhibit "B" to Resolution No. 17-97 ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT #001 Account Number 9648 The Employer hereby establishes a Money Purchase Plan and Trust to be known as City of Delray Beach 40lA Plan (the "Plan") in the form of the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution money purchase plan. ~ Yes [] No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: I. Employer: City of Delray Beach II. Prototype Sponsor: Name: ICMA Retirement Corporation Address: 777 N. Capitol Street, N.E. Washington, D.C. 20002.4240 Telephone Number: (202) 962-4600 III. The Effectwe Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: IV. Plan Year will mean: The twelve (12) consecutive month period which coincides with the limita- tion year. (See Section 6.05(i) of the Plan.) [] The twelve (12) consecutive month period commencing on 10/1/96 and each anniversary thereof. MPP Adoption Agreement 12/23/94 ~1~ 001-94 V. Normal Retirement Age shall be age 55 (not to exceed age 65). VI. ELIGIBILITY REQUIREMENTS: 1. The following group or groups of Employees are eligible to participate in the Plan: All Employees All Full-Time Employees Salaried Employees Non-union Employees Management Employees Public Safety Employees General Employees x Other (specify below) Eligible management match employees who have opted out of City pension plans The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personal manuals or other material in effect in the state or locality of the Employer. 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be N/A (write N/A if an Employee is eligible to participate upon employment). If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is N/A (not to exceed age 21. Write N/A if no minimum age is declared.) VII. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows (choose one, if applicable): Fixed Employer Contributions With Or Without Mandatory Participant Contributions. The Employer shall contribute on behalf of each Participant 3 % of Earnings or $ for the Plan Year (subject to the limitations of Article VI of the Plan). Each Participant is required to contribute 3 % of Earnings or $~for the Plan Year as a condition of participation in the Plan. (Write "0" if no contribution is required.) If Participant Contributions are required under this option, a Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. MPP Adoption Agreement 12/23/94 Exhibit "B" to Res. No. 17-97 (Page 2 of 7) 001-94 The Employer hereby elects to "pick up" the Mandatory/Required Participant Contribution. UI Yes No [Note to Employer: Neither an opinion letter issued by the Internal Revenue Service with respect to the Prototype Plan, nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participant's gross income for federal income tax pur- poses. The Employer may seek such a ruling. Picked up contributions are excludable from the Participant's gross income under sect ion 414 (h) (2) of the Internal Revenue Code of 1986 only if they meet the requirements of Rev. Rul. 81-35, 1981-1 C.B. 255. Those requirements are (1) that the Employer must specify that the contributions, although designated as employee contributions, are being paid by the Em- ployer in lieu of contributions by the employee; and (2) the employee must not have the option of receiving the contributed amounts directly instead of having them paid by the Employer to the plan.] Fixed Employer Match of Participant Contributions. The Employer shall contribute on behalf of each Participant % of Earn- ings for the Plan Year (subject to the limitations of Articles V and V1 of the Plan) for each Plan Year that such Participant has contributed ~% of Earnings or $ .... . Under this option, there is a single, fixed rate of Em- ployer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contri- bution will be made on the Participant's behalf in that Plan Year. Variable Employer Match Of Participant Contributions. The Employer shall contribute on behalf of each Participant an amount de- termined as follows (subject to the limitations of Articles V and VI of the Plan): ~% of the Participant contributions made by the Participant for the Plan Year (not including Participant contributions exceeding ~% of Earnings or $. ); PLUS % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not includ- ing Participant contributions exceeding in the aggregate % of Earnings or $ ). Employer Contributions on behalf of a Participant for a Plan Year shall not exceed $ or % of Earnings, whichever is [~ more or ~ less. MPP Adoption Agreement 12/23/94 001-94 Exhibit "B" to Res. No. 17-97 (Page 3 ~f 7) 2. Each Participant may make voluntary (unmatched), after-tax contribution, subject to the limitations of Section 4.05 and Articles V and V1 of the Plan. ~ Yes IZI No 3. Employer contributions and Participant contributions shall be contributed to the Trust in accordance with the following payment schedule: Bi-weekly VIII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: (a) Overtime 121 Yes ~ No (b) Bonuses gl Yes lift No IX. LIMITATION ON ALLOCATIONS If the Employer (i) maintains or ever maintained another qualified plan in which any Par- ticipant in this Plan is (or was) a participant or could possibly become a participant, and/or (ii} maintains a welfare benefit fund (as defined in section 419(e) of the Code) or an indi- vidual medical account (as defined in section 415(1)(2) of the Code, under which amounts are treated as Annual Additions with respect to any Participant in this Plan) the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 6.03 and 6.04 of the Plan).. 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, other than a Regional Prototype Plan, the provisions of Section 6.02(a) through (f) of the Plan will apply as if the other plan were a Master Prototype Plan, unless another method has been indicated below. Other Method. (Provide the method under x~'hich the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) MPP Adoption Agreement 12/23/94 Exhibit "B" to Res. No. 17-97 (Page 4 of 7) 001-94 2. If the Participant is or has ever been a participant in a defined benefit plan main- tained by the Employer, and if the limitation in Section 6.04 of the Plan would be exceeded, then the Participant's Projected Annual Benefit under the defined benefit plan shall be reduced in accordance with the terms thereof to the extent necessary to satisfy such limitation. If such plan does not provide for such reduction, or if the limitation is still exceeded after the reduction, annual additions shall be reduced to the extent necessary in the manner described in Sections 6.01 through 6.03. The methods of avoiding the limitation described in this paragraph will not apply if the Employer indicates another method below. Other Method. (Note to Employer: Provide below language which will satisfy the 1.0 limitation of section 415(e) of the Code. Such language must preclude Employer discretion. See section 1.415-1 of the Regulations for guidance.) 3. The limitation year is the following 12-consecutive month period: X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements as noted and (2) the concurrence of the Plan Administrator. Years of Specified Minimum Service Percent Vesting Completed Vesting Requirements** Zero % No minimum One 100 % No minimum Two % No minimum Three % Not less than 20% Four % Not less than 40% Five % Not less than 60% Six % Not less than 80% Seven, or more 100 % Must equal 100% (**These minimum vesting requirements conform to the Code's three to seven year vesting schedule. If the employee becomes 100% vested by the completion of five years of service, there is no minimum for years three and four.) XI. Loans are permitted under the Plan, as provided in Article XIV: Iii Yes ~ No MPP Adoption Agreement 12/23/94 / 001-94 Exhibit "B" to Res. No. 17-97 (Page 5 of 7) XII. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XIII. The Prototype Sponsor hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 15.05 of the Plan or of the discontinuance or abandonment of the Plan. XIV. The Employer hereby appoints the Prototype Sponsor as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. XV. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XVI. An adopting Employer may not rely on a notification letter issued by the National or District Office of the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code. In order to obtain reliance with respect to plan qualification, the Employer must apply to the appropriate key district office for a determination letter. This Adoption Agreement may be used only in conjunction with basic Plan document number 001. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this day of , 19 EMPLOYER Accepted: ICMA RETIREMENT CORPORATION By: By: Title: Title: Corporate Secreta_ry Attest: Attest: MPP Adoption Agreement 12/23/94 Exhibit "B" to Res. No. 17-97 (Page 6 of 7) 001-94 401 QUALIFIED PLAN EMPLOYER DATA FORM · Instrucuons to £mployer: Provi& necessav,, informauon to establish your plan properly. Please contact Client Sen'ices at 1-800-326-7272, if you have any questions. RC Use Only IcM~ s RETIKEMENT CORPORATION 1. Employer Number General 2. Employer's Full Name (City of, County of, etc.) City of Delray Beach Plan Information 3. Employer's Mailing Address 100 N.W. 1st Avenue 4. City Delray Beach 5. State FL 6. Zip Code 33444 7. Employer's Federal Tax Identification Number 59-6000308 8. Number of Employees 744 9. Number of Employees Eligible for Plan 11 10. Last Month of Plan Year (write in month 01-12) 09 Contact 11. Title (not name) of Plan's Primary Contact Person Finance Director Information Primary Contact Person will automatically receive all RC correspondence, reports, and bulletins Telephone( .561 ) 243-71].6 12. Title (not name) of Contact Person for Benefit Payments Assistant F'inance Director' Telephone( 561 ) 243-7].34 5a Check here if Contact Person for Benefit Payments should receive RC correspondence, reports and bulletins ~, 13. Title (not name) of Contact Person for Contributions Assistant Finance Director Telephone( 561 ) 243-7134 . I~ Check here if Contact Person for Contributions should receive RC correspondence, reports, and bulletins Note: If neither of the boxes in 12 or 13 is checked, default correspondent will be Plan Coordinator named in the resolution. Implementation 14. Contribution Frequency (check one): I~ (W) Weekly ~ (M) Monthly I~ Other (specify) of Plan ~1 (B) Biweekly I:l (S) Semi-monthly 15. Contribution Data Format (check one): [~ (T) Tape I~ (QD) QUICK DISK ~ (E) EDT I~ (C) Contribution Statement ~ (D) Diskette 16. First pay date following plan implementation 3/21/97 17. Are employees covered by the plan also covered by another qualified plan? [~ Yes ~ No Exhibit "B" to Res. No. 17-97 (Page 7 of 7) £1T¥ DF DELRItV BE#IH Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Transfer of Seacrest Property to Palm Beach County School District The City and School Board are in the process of arranging for the transfer of the Patel and Nationsbank property to the Palm Beach County School District. As required by City ordinance, a public hearing must be held prior to the transfer of City-owned property. Following public hearing, the City Attorney's Office will work with the School Board to complete the transfer as soon as possible. If you have any questions, please call. DNT:smk Attachments cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office seacrest.dnt SEACREST AVE PROPERTY: LEGAL DESCRIPTION Parcel 1: Folio #12 43 46 04 00 000 7370 The East 340 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; LESS the following described parcels: 1. The South 15 feet of the above-described parcel; 2. The East 40 feet of the above-described parcel; 3. The West 130 feet of the East 170 feet of the North 150 feet of the South 290 feet of the above-described parcel; 4. The North 125 feet of the South 140 feet of the East 265 feet of the West 305 feet of the above-described parcel. TOGETHER WITH Parcel 2: Folio# 12 43 46 04 00 000 7380 The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the South 140.00 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. TOGETHER WITH Parcel 3: The North 150 feet of the South 290 feet of the East 170 feet of South the one-half of the Northwest one-quarter of the Southwest one-quarter; Less East 40 feet for road right-of- way, Section 4, Township 46 South, Range 43 East Palm Beach County, Florida, also described as: Commencing at an iron rod on the westerly right-of-way line of Seacrest Boulevard, which is 140 feet North of and 40 feet West of the Southeast corner of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; thence run South 89°47'35'. West for a distance of 130 feet to a concrete to a concrete monument; thence run North 0°32'25" West for a distance of 150 feet to a concrete monument; thence run North 89°47'35'' East for a distance of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence run South 0°32'25'' East along the westerly right-of-way line of Seacrest Boulevard a distance of 150 feet to the point of beginning. LESS AND EXCEPT any portion of the property used for public right-of-way for parcels, 1,2, and 3. Parcels 1, 2, and 3 containing 190,250 square feet, 4.37 acres, more or less. EXHIBIT A EXIqIBIT B NOTICE OF INTENT TO TRANSFER REAL PROPERTY NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its intention to transfer the following real property: Parcel 1: The East 340 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; LESS the following described parcels: 1. The South 15 feet of the above-described parcel; 2. The East 40 feet of the above-described parcel; 3. The West 130 feet of the East 170 feet of the North 150 feet of the South 290 feet of the above-described parcel; 4. The North 125 feet of the South 140 feet of the East 265 feet of the West 305 feet of the above-described parcel. TOGETHER WITH Parcel 2: The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the South 140.00 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. TOGETHER WITH Parcel 3: The North 150 feet of the South 290 feet of the East 170 feet of South the one- half of the Northwest one-quarter of the Southwest one-quarter; Less East 40 feet for road right-of-way, Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, also described as: Commencing at an iron rod on the westerly right-of-way line of Seacrest Boulevard, which is 140 feet North of and 40 feet West of the Southeast comer of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 south, Range 43 East, Palm Beach County, Florida; thence run South 89°47'35" West for a distance of 130 feet to a concrete monument; thence mn North 0032'25" West for a distance of 150 feet to a concrete monument; thence mn North 89o47'35" East for a distance of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence run South 0°32'25" East along the westerly right-of-way line of Seacrest Boulevard a distance of 150 feet to the point of beginning. LESS AND EXCEPT any portion of the property used for public right-of-way for parcels 1, 2, and 3. Parcels 1, 2 and 3 containing 190,250 square feet, 4.37 acres, more or less. The sale of the property is for public purposes pursuant to a contract entered into between the City of Delray Beach and the School District of Palm Beach County. Further information, as available, may be obtained from the City Manager's Office. The City Commission of the City of Delray Beach, Florida, shall hold a public hearing on the proposed sale at their regular City Commission meeting of March 18, 1997 at 6:00 p.m. in the City Commission Chambers, City Hall. Publish: The News Narch 7 and 14, 1997 NOTICE IS HERERY GIVEN Ittat City of Oelray Beach, Florida, neances its irde~tian to Wa~te~ tt~ Parcel 1: The East 34~ feet of anerte~ of the SeofW~est ~uarfi of Sect~ ,L To.turnip 46 South, Range 43 LESS rna toIIowillg i~cribed parcels: I. T~e ~u~ IS fee m me a~ova · an- scrit~l parcof; 2. Tie East 40 test of the above - de scrit~ parcel; 3. The West 130 leer of the East 170 ~ ~t of fl~e a~ve-~ribed parcel; 4. The Nerfl~ 1~ feet of rne Sot~tt ~net of the above ~,KrJpad I~. TOGETHER WiTH Parcel 2: The West 161.~ test of Ea~f 31~.1~ feof of fl~e ~ 12S.~0 fee vest quartes of rna ~auth~ ~uerte- Teem~ip 46 Seurn, Range ~3 East, Palm Bek-'h Co~mly, Florida. TOGETHER WITH Parce~ 2: The ~ 130 fet, f of S~vfll 29~ toof of the EaSt I~ fee of Sa~th h~e o~haH of rne ge~nwest ane~rte~ of rne saurnwast a~,.quarte'; Less East ~0 feet fi road right. Of.way, Sectian 4, Tew~ip 46 Seem. Range ~3 East, Palm Caen,, P fii~a, a~e ~escr i~,a as: Commancing at an iron ro~ on the westerly right of way JJr~ of Seecrest ~oulevard, w~ich is 14 le~ ~r~h of glip 46 Seetil, Range 43 East, Palm Seutt~ 19· 47' 35' Wes~ fi a 4istance of 130 ~.~ to a concrete manumem; distaKe Of 130 ~ to a cancrete ume~t; rnance run North ~ 47' East ~ a distance M 138 feet to an iran rod on lhe west~'ly right.f-way line of Seacrest Boulevard; thence run rig~t~.way line of Seacrest Bo~levar~ i 6tsta~ce of I~1 feof to ~t,e pofnt of be g~nJng. LESS 'AND EXCEPT any I~ of rig~t4l.way fix parcofs 1, 2, and 2. PM'eels 1, 2 'an(I 3 c~ntaining I~R,250 s~uare fees, 4~17 asres, more or lees. The sale of rne pro~rty is ~or public paq~s~ purauant to a contract e~. toted into ix, tweet W Cffy of Oofray Bnecl~ ami rne Scboof District of Palm Beech Comity. Fwlt~w ink~'mafian, as available, may bo abtained from rna City Maneger'a Otfoce, The City Canl- mission of the City of Oeira¥ Beach, Ffiida, shall ~ a p~lk: Mating an I~e prepos~ sale et Itmr reg~ City C~mmi~l~ ~n~ of Mm'ch 11, 1997 Chambers, City Hall. Publish: March 7 & 14, tW7 ~ Rato~ New NOTICE IS HEREBY GIVEN City ~ I~lray ~, FI~II, ~lowlng real praperty: P~ I: ~ E~ ~ ~ 3.~W~l~~ T~ETHER WITH T~HER WITH ~ay, ~ ~ T~ ~, F~, a~ ~i~ ~: E~a~~ L~ ~D ~ ~ ~ ~d~c~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~/D'~- REG~ MEETING OF, MARCH 18, 1997 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 12-97 (SECURITY BARS) DATE: MARCH 14, 1997 This is second reading and public hearing for Ordinance No. 12-97 which would regulate the use of security/burglar bars within the City's commercial zoning districts. The objective is to improve the appearance of commercial businesses, protect the character and value of surrounding properties and to promote an appealing streetscape. The ordinance prohibits the installation of security bars on building elevations which are adjacent to a street right-of-way on structures located in commercial, office, and mixed use (residential/nonresidential) zoning districts. It does not apply to residential zoning districts. Further, it provides an amortization clause for existing security bars to be removed within two years of adoption of the ordinance. Other provisions are that security bars may continue to be installed on buildings in industrial zoning districts, but will be subject to approval by the Site Plan Review and Appearance Board. Alternative security measures such as retractable security bars, gates and doors will be allowed subject to approval by SPRAB or the Historic Preservation Board, as appropriate. At one time, burglar bars were the only available alternative for protection against breakins. Now, however, there are a number of equally effective window security devices available. The Community Redevelopment Agency has indicated that, in an effort to assist business owners, it will fund 50% of the cost of protective film for the windows if the bars are removed within one year of the effective date of the ordinance. The Planning and Zoning Board considered the amendment at a public hearing on February 24, 1997, and voted 4 to 1 (Young dissenting; McCarthy and Schmidt absent) to recommend approval. At first reading on March 4, 1997, the Commission passed the ordinance by a vote of 4 to 1 (Mr. Randolph dissenting). Reco~-,end consideration of Ordinance No. 12-97 on second and final reading. Questions have been raised concerning security bars which are inside the window and bars which are an integral part of the architecture of the building. These questions require direction from the Commission, and may warrant revision of the ordinance. ref: agmemol 0 ~ FAILED ON 2ND/FINAL READING - 3/18/97 ORDINANCE NO. 12-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW SECTION 4.6.21, "SECURITY BARS', OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE PROHIBITION ON THE USE OF SECURITY BARS .ON STRUCTURES LOCATED WITHIN THE COMMERCIAL, OFFICE, AND MIXED-USE ZONING DISTRICTS; TO PROVIDE FOR A TWO YEAR AMORTIZATION PERIOD; TO PROVIDE FOR REVIEW BY THE SITE PLAN REVIEW AND APPEARANCE BOARD FOR SECURITY BARS IN INDUSTRIAL ZONING DISTRICTS; AMENDING APPENDIX A, "DEFINITIONS" OF THE LAND DEVELOPMENT REGULATIONS FOR THE CITY OF DELRAY BEACH; TO PROVIDE FOR A DEFINITION FOR THE TERM "SECURITY BARS/BURGLAR BARS,'; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to L.D.R. Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of February 24, 1997, and has forwarded the change with a recommendation of approval; and WHEREAS, pursuant to Florida Statute §163.3174(4)(c), the Planning and Zoning Board, siring as the local planning agency, has determined that the change is consistent with and furthers the objectives and policies of the comprehensive plan; and WHEREAS, a substantial number of commercial businesses have installed burglar bars on the exterior portion of their businesses; and WHEREAS, the City Commission of the City of Delray Beach finds that the presence of burglar bars on the exterior of commercial businesses creates an unsightly appearance in the City, diminishing the City's aesthetic attraction; and WHEREAS, the City Commission finds that there is a need to regulate the use of burglar bars on commercial businesses within the City; and WHEREAS, the City Commission finds that such regulations governing burglar bars will serve to promote the aesthetics, and welfare of the citizens of the City of Delray Beach; FAILED ON 2ND/FINAL RF_a%DING - 3/18/97 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ction 1. That Chapter Four, ``Zoning Regulations,' Article 4.6, "Supplemental District Regulations," of the I_and Development Regulations of the City of Delray Beach, be, and the same is hereby amended, and a new section, 4.6.21, "Security Bars," is hereby enacted to read as follows: Section 4.6.21 Security_ Bars. (A) Purpose and Intent: The objective of this section is to improve the appearance of structures within the Ci .ty's commercial, office, and mixed use (residential/nonresidentiaB zoning districts, to protect the character and value of surrounding properties, and to promote an ap_totaling streetscape. 03) Restrictions on Securi _ty Bars: (_13 The installation of permanent securi_ty/burglar bars is prohibited on th~ building elevations which are adjacent to a street right-of-way, on structures located within the City's commercial, office, and mixed use (residential/nonresid~ntial~ zoning (2) Owners of structures within the ci_ty's commercial, office, and mixed use (residential/nonresidential) zoning districts which contain permanent security, bars on building elevations adjacent to a street right-of-way, shall remove the security/burglar bars within two (2~ years of the effective date of this ordinance. (33 Security. bars may be installed on any elevation of structures located within the. industrial zoning districts subject to approval by the Site Plan Review and Appearance (C) Alternative Security_ Measures: The use of alternative security measures such am retractable security, bars. gates, and doors shall be subject to approval bv the Site Plan Review and Appearance Board. or Historic Preservation Board. as appropriate, ~ That Appendix A, ``Defirfitions", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended, and a new definition, ."Security/Burglar Bars," is enacted to read as follows: ``Securi _ty/Burglar Bars" Any steel, metal, or iron bars which are permanently affixed to the structure, including, but not limited to. burglar bars. window bars. door bars. or security_ bars. 2 ORD. NO. 12-97 FAILED ON 2ND/FINAL READING - 3/18/97 This definition does not apply to retractable security_ gates, bars and doors which are kept o_r~n during business hours. ~ That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. ~ That this ordinance shall become effective immediately upon its passage on the 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 March 4 r 1997 (Passed 4 to 1, with Mr. Randolph dissenting) Second Reading 3 ORD. NO. 12-97 FAILED ON 2ND/FINAL READING - 3/18/97 TO: DAVID T. HARDEN CITY MANAGER THRU: D OR DEPARTMENT~OF PLANNING AND ZONING FROM: J~i~Y A. COSTELLO S~ENIOR PLANNER SUBJECT: MEETING OF MARCH 4, 1997 CONSIDERATION OF AN AMENDMENT TO ARTICLE 4.6, SUPPLEMENTAL DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT REGULATIONS BY ADDING SECTION 4.$.21. SECURITY BARS. AND A RELATED PROVISION TO APPENDIX A (DEFINITIONS). The action before the City Commission is that of a.~.oroval of an amendment to Article 4.6, Supplemental District Regulations, of the Land Development Regulations by adding Section 4.6.21. Security_ Bars. and a related provision to Appendix A ~ This amendment has been requested by the City Manager, David T. Harden, to regulate the use of security/burglar bars within the City's commercial zoning districts. Pursuant to the City's home nile powers, the City may regulate the development of property on the basis of protecting the public's health, safety, and welfare; however, the regulations must be rationally related to the City's stated goal. The use of security bars are aesthetically unpleasing and may impact property values in surrounding areas as well as create an unappealing streetscape. The bars also create a perception of an area of high crime which negatively impacts the City's efforts to attract development. City Commission Documentation Meeting of March 4, 1997 Security Bars - LDR Text Amendment Page 2 The proposed ordinance would apply to all commercial, office and mixed use (residential/nonresidential) zoning districts. These zoning districts are primarily located along commercial corridors/roadways which are heavily traveled by residents, consumers, employees and visitors alike. VVhile the use of security bars within the City's commercial districts is sporadic, their use has a negative visual impact on the surrounding area and the City as a whole. The ordinance would not apply to residential zoning districts in which regulations regarding aesthetics are not as restrictive, and security bars can be installed in a manner that provide an attractive architectural element to the structure. The proposed amendment provides an amortization clause for existing security bars to be removed within two years of adoption of the ordinance. While the ordinance will prohibit the installation of security bars, it will not prohibit the installation of other security measures such as retractable gates and doors which are typically closed only during non-business hours and can be designed in an aesthetically pleasing manner. In order to assist business owners, CRA (Community Redevelopment Agency) stated at its meeting of February 24th that it would fund 50% of the cost of the protective film for the windows if the bars are removed within one (1) year of the effective date of the ordinance. I At its meeting of February 24, 1997, the Planning and Zoning Board held a public hearing regarding the proposed amendment. The Board voted 4-1 (Young dissenting; McCarthy and Schmidt absent) to recommend approval of the amendment. By motion, approve on first reading a text amendment to Article 4.6, Supplemental District Regulations, of the Land Development Regulations by adding Section 4.6.21. Security. Bars. and a related provision to Appendix A ~3J~, and setting a public hearing date of March 18, 1997. Attachments: · Ordinance by Others ~-~,~. ~. r~ ~ ~' ~ ~'~ ~ ' ' ' '~' - W~ter'sDiredL~e:(56])243-7091 AIPAmerica C~ MEMO~NDUM ~ 993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney S~JECT: Extension of Moratorium on Telecommunication Towers Aaached please find an ordinance extending the cu~ent moratorium on telecommunication towers. The current moratorium will expire on March 17, 1997. This ordinance will extend the current moratorium for another 90 days until June 15, 1997. ~e Planning and Zoning Board had previously reviewed a dra~ of the proposed ordinance on telecommunicmion towers at its regular meeting on Febma~ 24, 1997. At that time the Board determined that ~her review would be needed and scheduled this matter for discussion at its March 10, 1997 workshop meeting. As the current moratorium will expire on March 17, 1997, staff' felt that an e~ension of the moratorium for another 90 days would provide adequate time for any changes to the proposed ordinance as well as review by the City Commission. By copy of this memorandum to David Harden, City Manager, our o~ce requests that this ordinance be placed on the March 18, 1997 City Commission agenda for first reading. Please call if you have any questions. Auachment cc: David T. Harden, City Manager Alison MacGregor Harry, City Clerk Diane Dominguez, Director of Planning and Zoning ORDINANCE NO. 13-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 60-96 BY AMENDING SECTION ONE TO PROVIDE FOR THE EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OR CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES THROUGH JUNE 15, 1997; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board reviewed a proposed ordinance on telecommunication towers at its February 24, 1997 meeting and decided that the ordinance needed further study and scheduled another review of the proposed telecommunication tower ordinance for its March 10, 1997 workshop meeting; and WHEREAS, the Moratorium currently in effect will expire on March 17, 1997, and City staff desires another ninety (90) days to finish reviewing the proposed changes to its Code of Ordinances regarding telecommunication towers and to allow time for the Commission to review the proposed ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Ordinance No. 60-96 of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: f~I~f6~/ That the City of Delray Beach does hereby extend the current 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, to commence upon the expiration of the current moratorium, March 17, 1997, and to continue for another ninety (90) day period until June 15, 1997. Section 2. 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 immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 13-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITYM/~IAGER~ SUBJECT: AGENDA ITEM # /OD- REGULAR MEETING OF MARCH 18, 1997 FIRST READING/FIRST PUBLIC HEARING FOR ORDINANCE NO. 14-97 (MOPED/MOTOR SCOOTER RENTALS AS A CONDITIONAL USE IN THE CENTRAL BUSINESS DISTRICT) DATE: MARCH 14, 1997 This is first reading and the first public hearing for Ordinance No. 14-97 which amends LDR Section 4.4.13, "Central Business (CBD) District", to allow moped/motor scooter rentals as a conditional use in the Central Business District. The ordinance also amends Section 4.3.3, "Special Requirements for Specific Uses", to include restrictions on the use and amends Appendix A to provide for a definition of moped/motor scooter. The proposed use is one that would primarily cater to tourists in the downtown area. Currently, it is not addressed in the CBD regulations. Both the Community Redevelopment Agency and the Downtown Development Authority have reviewed the proposed amendment and recommended approval. The Planning and Zoning Board has discussed this proposal at length and formally considered it at a public hearing on February 24, 1997. There was public testimony in opposition to the request. After discussion, however, the Board voted 5 to 0 (McCarthy and Schmidt absent) to recommend that the text amendment be approved, including a definition for moped/motor scooter and related provisions to restrict the use. These restrictions are set forth at Section 2 of the ordinance and address such issues as outside storage and display, on-site fuel storage, service and repair, distance criteria, and safety helmets. Recommend approval of Ordinance No. 14-97 on first reading. If passed, a second public hearing will be scheduled for April 1, 1997. ref:agmemol4 FAILED ON. FIRST READING - 3/18/97 ORDINANCE NO. 14- 9 7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR MOPED/MOTOR SCOOTER RENTALS AS A CONDITIONAL USE; ENACTING A NEW SUBSECTION 4.3.3(A), "MOPED/MOTOR SCOOTER RENTALS," TO PROVIDE FOR THE PROHIBITION ON OUTSIDE STORAGE OF MOPEDS, A LIMITATION ON ON-SITE SERVICE, A LIMITATION ON OUTSIDE DISPLAYS, AND THE PROHIBITION OF PROPOSED MOPED RENTAL BUSINESSES WITHIN 1000 FEET OF EXISTING MOPED RENTAL BUSINESSES; AMENDING APPENDIX (A), "DEFINITIONS," OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE DEFINITION OF "MOPED/MOTOR SCOOTER"; PROVIDING A SAVINGS CLAUSE; A GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board has reviewed the subject matter of this ordinance, and has forwarded the change with a recommendation of approval; and WHEREAS, pursuant to Florida Statute §163.3174(4)(c), the Planning and Zoning Board, sitting as the local planning agency, has determined that the ordinance is consistent with and furthers the objectives and policies of the comprehensive plan; and - WHEREAS, during the past three years, the City of Delray Beach has experienced a tremendous gr6wth of businesses within its Central Business District; and WHEREAS, currently there are no regulations concerning moped/motor scooter rentals; and WHEREAS, the City Commission finds that in order to allow moped/motor scooter rentals, there is a need to adopt regulations governing the rental of moped/motor scooter rentals within the City; and WHEREAS, the City Commission f'mds that such regulations governing the rental of moped/motor scooter rentals will serve to promote the safety and welfare of the citizens of Delray Beach, and serve to promote the aesthetics of the City of Delray Beach. FAILED ON FIRST READING - 3/18/97 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: ~. That Chapter Four, "Zoning Regulations," Article 4.4, "Base Zoning District," Section 4.4.13, "Central Business (CBD) District," Subsection (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: Section 4.4.13 Central Business (CBD~ District: (D) Conditional Uses and Structures Allowe~l: The following uses are allowed as conditional uses within the CBD District: (16) Moped/Motor Scooter Rentals only as an accessory_ use to Bicycle Rentals. subject to the restrictions set forth in Section 4.3.3.(A). ~ That Chapter Four, "Zoning Regulations," Article 4.3, "District Regulations, General Provisions," Section 4.3.3, "Special Requirements for Specific Uses," Subsection (A), "Blank," of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: Section 4.3.3 Special Requirements for Specific Uses: By nature of characteristics unique to the following uses, such use may be established only in compliance with these special requirements. These requirements are in addition to those established elsewhere in these regulations. Description of each use in this section shall be of its common meaning or as pursuant to the Definitions Section of these regulations. (A) Moped/Motor Scooter Rentals: (1) Outside storage of mopeds/motor scooters is prohibited. (2) On-site storage of fuel for mopeds/motor scooters is prohibited. (3) On-site service and repair of mopeds/motor scooters is limited to tire repairs. (4) Outside display of mopeds/motor scooters is limited to no more than three mopeds/motor scooters or no greater than 10% of the total floor area of the business. whichever is less. subject to the provisions of Section 4.6.6(C)(3). 2 ORD. NO. 14-97 FAILED ON FIRST READING - 3/18/97 (5) Moped/motor scooter rentals shall not be established within 1.000 feet of an existing moped/motor scooter rental business. The distance is to be measured in a straight line from the nearest point of the building occupied by the existing business, to the nearest point of the building to be occupied by the proposed business. (6) Safe _ty helmets shall be issued to each rider of the moped/motor scooter. ~. That Appendix A, "Del'tuitions,'' of the Land Development Regulations of the City of Delray, be, and the same is hereby amended, and a new definition, "Moped/Motor Scooter," is enacted to read as follows: "Moped/Motor Scooter" Any vehicle with or without pedals to permit propulsion by human power, having a seat or saddle for the use of a rider, and designed to travel on not more than three wheels: with a motor not rated in excess of 2 brake horsepower, and not capable of Pro_~lling the vehicle at a speed greater than 30 miles ~r hour on level ground: and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged; and powered by an internal combustion engine with displacement not to exceed 50 cubic centimeters. Section 4. That should any section or provision of this ordinance, or any portion thereof, or 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 all ordinances or parts in conflict herewith be, and the same are hereby, repealed. Section 6. That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,1997. ATTEST: MAYOR City Clerk First Reading. Second Reading. moped.ord 3 ORD. NO. 14-97 FAILED ON FIRST READING - 3/18/97 TO: DAVID T. HARDEN, CITY MANAGER ZONING FROM: J/E~ A. COSTELLO //~ENIOR PLANNER SUBJECT: MEETING OF MARCH 18, 1997 CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4.13(D) [CENTRAL BUSINESS DISTRICT], TO ALLOW MOPED RENTALS AS A CONDITIONAL USE. The action before the City Commission is that of approval of an LDR text amendment to Section 4.4.13(D), Central Business District (CCD). Conditional Uses and Structures Allowed, which would allow moped/motor scooter rentals as a conditional use, and add related provisions to Section 4.3.3 (Special Reo. uirements for Specific Uses) and Appendix A (Definitions). This amendment has been requested by Allen Tate, AIA Bike Rental Inc., to allow the rental of bicycles and mopeds at the old Hertz building, located east of the Intracoastal Waterway on the north side of Atlantic Avenue, which is in the CCD zoning district. Moped rentals are not listed in the CCD regulations as a permitted use. At its meeting of December 18, 1996, the Planning and Zoning Board initiated a text amendment to allow moped/motor scooter rentals in the CCD zoning district as a conditional use. At its meeting of January 27, 1997, the Planning and Zoning Board reviewed the proposed text amendment. The Board discussed the proposal and suggested clarification be provided regarding the definition of mopeds and motor scooters; that a distance criteria be considered to prevent the proliferation of moped rentals throughout the CCD; and that moped rentals be City Commission Documentation Meeting of March 18, 1997 Moped Rentals in the CBD - LDR Text Amendment Page 2 considered as an accessory use to the primary use of bicycle sales/rentals. After lengthy discussion, the Board continued the item to the February 24th meeting. Additional background and an analysis of the request is found in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of February 24, 1997. There was public testimony in opposition to the request. One member of the public stated that if the Board recommends approval, they should limit the number of moped/motor scooters available for rent at any one location; rentals should include safety helmets for drivers and passengers; renters must have a valid driver's license; and there should not be rentals to minors. After discussing the text amendment, the Board voted 5-0 (McCarthy and Schmidt absent) to recommend to the City Commission that LDR Section 4.4.13(D) (Conditional Uses and Structures Allowed) be amended to include moped/motor scooter rentals as a conditional use, and add related provisions to Section 4.3.3 (Special Requirements for Specific Uses) to include restrictions regarding moped/motor scooter rentals, including safety helmets and a valid driver's license, and to amend Appendix "A" (Definitions) to provide for a definition of moped/motor scooter as found in the staff report. With regard to the provision requiring renters to have a valid driver's license, as State Statutes do not specify that a driver's license is necessary to operate a moped/motor scooter, the City cannot impose that requirement, and therefore, this item has not been included in the attached proposed ordinance. By motion, approve on first reading a text amendment to LDR Section 4.4.13(D) (Conditional Uses and Structures Allowed) to include moped/motor scooter rentals as a conditional use, and add related provisions to Section 4.3.3 (Special Requirements for Specific Uses) to include restrictions regarding moped/motor scooter rentals, and to amend Appendix A (Definitions) to provide for a definition of moped/motor scooter, and setting a public hearing date of April 1, 1997. Attachments: · P&Z Staff Report and Documentation of January 27, and February 24, 1997 · Ordinance by Others MEETING DATE: JANUARY 27, 1997 AGENDA ITEM: V.A - AMENDMENT TO LDR SECTION 4.4.13(D) [CENTRAL BUSINESS DISTRICT], TO ALLOW MOPED RENTALS AS A CONDITIONAL USE. The item before the Board is that of making a recommendation to the City Commission regarding an LDR text amendment to Section 4.4.13(D), Central Business District (CBD). Conditional Uses and Structures Allowed, which would allow moped/motor scooter rentals as a conditional use, and add related provisions to Section 4.3.3 (Special Reauirements for Specific Uses) and Appendix A (.Definitions). Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment has been requested by Allen Tate, ,~,IA Bike Rental Inc., to allow the rental of bicycles and mopeds at the old Hertz building, located east of the Intracoastal Waterway on the north side of Atlantic Avenue, which is in the CBD zoning district. While bicycle sales and rentals are permitted uses in the CBD, moped rentals fall into a different classification of vehicle and are not listed as a permitted use. At its meeting of December 18, 1996, the Planning and Zoning Board initiated a text amendment to allow moped/motor scooter rentals in the CBD zoning district as a conditional use. ============================= .............. :::.:: ............................................. ~::::::::::, ....... ~ ..* ..... ~ .-::: ......:.,.,..~,~.~.:.,~.: .~:~.::::.~:::~..::..:::~:~..:~...:~.~.:~:: The proposed use is one that would primarily cater to tourists in the downtown area and should be considered as either a permitted or conditional use in the CBD zone district. P & Z Board Memorandum Staff Report LDR Text Amendment - Moped Rentals as a Conditional Use in the CBD Zone District Page 2 It seems more appropriate to allow moped rentals as a conditional use as it may be appropriate to attach various conditions to the approval. A number of municipalities were contacted including Key West, Miami Beach, St. Augustine, Sanibel, Ft. Lauderdale, Orlando regarding moped rentals. The majority of municipalities allow moped rentals only as a conditional use while some allow moped rentals as a permitted use in commercial zoning districts which allow auto related uses. Currently, a moped rental operation could be established in the AC (Automotive Commercial) zone district, however, most of the AC zoned property is somewhat removed from the downtown and beach areas which is the destination of most visitors. While the vehicles are regulated by the Department of Highway Safety and Motor Vehicles, rental operations are not. Thus, some limitations on the intensity of the use should be provided through provisions found in LDR Section 4.3.3 (Special Requirements for Specific Uses). There are concerns with on-site repair of the vehicles other than tire and minor repairs. Cleaning of vehicles should be limited to an enclosed area with a proper drainage system which accommodates an oil separator. However, the storage of fuel and is inappropriate. The requirements of LDR 4.3.3 would provide for limitations on outdoor display, and restrictions on outdoor storage, storage of fuel, and maintenance of vehicles. While concerns have been expressed with regard to the noise generated by these vehicles, it is less than most automobiles and trucks, and is far less than that generated by motorcycles. The vehicle's motor is generally quiet with the only noticeable noise created by the vehicle's horn and when the vehicle is accelerated. Community_ Redevelopment Agency At its meeting of'January 23, 1997, the CRA recommended approval of the proposed text amendment. Downtown Development Authority_ At its meeting of January 15, 1997, the DDA recommended approval of the proposed text amendment. Courtesy and Public Notices: A special courtesy notice was provided to the following civic and homeowners associations: P & Z Board Memorandum Staff Report LDR Text Amendment - Moped Rentals as a 'Conditional Use in the CBD Zone District Page 3 · Beach Property Owners Letters of object!on and support, if any, will be presented at the Planning and Zoning Board meeting. -:~-.~ .............................................................................................. ~ ........ E~: :~E:~D :.:.'. ~ ....... ~.~ - :,~.:..-~'~ ..... ~.:~?-....~..:-:l~.~.-.,~.:.',-::.~ By motion, recommend to the City Commission that LDR Section 4.4.13(D) (Conditional Uses and Structures Allowed) be amended to include moped rentals as a conditional use, and add related provisions to Section 4.3.3 (Special Requirements for Specific Uses) to include restrictions regarding moped rentals and Appendix A (Definitions) to provide for a definition of moped. Attachment: · Proposed Ordinance TO: PLANNING AND ZONING BOARD MEMBERS FROM: JEFFREY A. COSTELLO SENIOR PLANNER MEETING OF: FEBRUARY 24, 1997 AGENDA ITEM: IV.A - AMENDMENT TO LDR SECTION 4.4.13(D) [CENTRAL BUSINESS DISTRICT], TO ALLOW MOPED/MOTOR SCOOTER RENTALS AS A CONDITIONAL USE. At its meeting of January 27, 1997, the Planning and Zoning Board reviewed the proposed text amendment. The Board discussed the proposal and suggested clarification be provided regarding the definition of mopeds and motor scooters; that a distance criteria be considered to prevent the proliferation of moped rentals throughout the CBD; and that moped rentals be considered as an accessory use to the primary use of bicycle sales/rentals. After lengthy discussion, the Board continued the item to their February 24th meeting. The following is an analysis of the Board's comments and recommendations: · With regard to the definition, Florida Statutes only defines mopeds and motorcycles. The primary difference is that mopeds may include an internal combustion engine with a displacement of not more than 50 cubic centimeters, or 50cc. If the vehicle displaces more than 50cc, it is then classified as a motorcycle. Thus, the style of vehicles referred to as "scooters", would be classified as a moped if it had an engine of 50cc or less and a motorcycle, if the engine is greater than 50cc. For the City's definition purposes, motor scooters and mopeds will be interchangeable. · Location or distance restrictions may be included to prevent the proliferation of moped/scooter rentals through the CBD. It may be appropriate to require a minimum 1,000 feet between properties containing moped/scooter rentals businesses. This would prevent more than two businesses within the same block and would restrict the establishment of a business within every block along Atlantic Avenue. · Consideration has been given to allowing moped/motor scooter rentals only as an accessory use to a bicycle rental business and has been incorporated into the text amendment. The use would require conditional use approval whereby additional To: P & Z Board Members Re: LDR Text Amendment - Moped/Motor Scooter Rentals as a Conditional Use in the CBD Zone District Page 2 conditions could bo imposed. Tho proposed amendment would not allow stand- alone moped/motor scooter rental businesses in tho CBD. ^ttached is a copy of the proposed ordinance based upon the Board's recommendations. Additional analysis of the LDR text amendment is found in the attached Planning and Zoning Board Staff Report of January 27, 1997. Attachments: · Proposed Ordinance · Planning and Zoning Board Staff Report of January 27, 1997 Some topics to consider in opposition to the moped ordinance: Safety: "Safety nightmare" on the roads. Moped drivers do not observe speed limits, local ordinances or signs. They drive too fast, too slow or recklessly. They are rented to people who have never been on one before. If rented by the day or week, they can be ridden at night when they are very hard to see. (The proposal is to rent them by the hour, day or week.) Parking: Moped rentals are a parking nuisance. They will park on the sidewalks and private property; in front of parking meters or in areas marked off for no parking or standing; and anywhere they stop, they park. Noise: They are a noise nuisance. They are too loud, especially when there are more than one. They are often rented in groups - to a group of individuals or to two couples. You cannot restrict where they ride, so they will ride in quiet residential neighborhoods. If rented by the day or week, they can be ridden at any hour, including late at night. Competition and congestion: They will compete with roller bladers, skate boarders, bicyclists, joggers, and walkers in the beach area. They will also compete with even more and more cars and trucks at the beach as the hotel expands. The five-story hotel addition will have 100 rooms, and the following will be included in the one story addition: two (2) banquest rooms, a large ballroom, lobby, atrium court, restaurant and lounge. We need to be careful about what we add to the beach area. If the congestion gets bad enough, no one - not tourist or resident - will be able to enjoy it. Minors will drive them: Even though the ordinance says that the renter has to have a driver's license, older friends or relatives (e.g., an older brother) will rent the mopeds so that a minor will be able to use it. Dangerous for the minor and dangerous for everyone else since they can be so reckless and they are completely inexperienced drivers. Negative impact on residential neighborhoods: These will driven on the residential sidestreets throughout the community. They will disturb the peace and quiet. Travelling often in groups, they pull up in front of homes and park in order to get a better look. This will be a particular problem for historic homes or those with outstanding architecture or lan_dscaping. For example, they will pull over to look at trees and other vegetation in front yards. This will also be an issue for Gulfstream. Security issues: The use of rental mopeds means easier access to residential neighborhoods to "check them out" or slip into homes to take purses, money or jewelry. This is an issue not only for Delray neighborhoods but also for Gulfstream. Negative impact on the bush~esses at the beach: The retail at the beach is a fun mix of stores, including some high-end retail (for example, Mark, Fore and Strikes's flagship store; Frances Brewster with another location on Worth Avenue; Snappy Turtle with a sister store in Kennebunkport; Nina Raynor with couture showings; Kientsky who advertises nationally in magazines such as Vogue and Town and Country, to name a few). Moped rentals cheapens the area anlt jeopardizes these types of businesses from continuing to be here in Delray. Village by the Sea: According to the Comprehensive Plan, we visualize ourselves as the "village by the sea." This proposed ordinance does support that type of ambiance. We are a residential- based resort town. Let's not destroy what we have. NO MOPEDS THE TOWN OF DELRAY IS CONSIDERING MOPED RENTALS. ON BLOCK ISLAND, Ri, THE ONLY DOCTOR RESIGNED LAST YEAR BECAUSE EIGHTY PERCENT OF HIS PATIENTS WERE VICTIMS OF MOPED ACCIDENTS! EIGHTY PERCENT!! Neeed we tell of the 7-month pregnant mother losing her baby? Or a brain-damaged teen-ager? Consider the consequences: Think of our children, our seniors, hospitals, doctors and police- our LAWSUITS! NO MOPEDSI PLEASE speak up about this. Write to: or call: 243 7000 Mayor Jay Aleprin .. City Hall, 100 NW 1st, Delray Beach, 33444 with copies to Commissioners(City Hall will make copies): Randolph, Egan, Ellingsworth, Kiselewski, Schmidt. FAX our Town Manager at 243 7166 with copies to the CommissiOners. THANK YOU. ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg~AGER~ .~0RDINANCE .NO. 15-97~. DATE: MARCH 14, 1997 This is first reading for Ordinance No. 15-97 rezoning a parcel of land from CF (Community Facilities) District and RR (Rural Residential) District to RM-7 (Medium Density Residential - 7 dwelling units/acre) for Coral Trace (Sned Property). The 44.98 acre property is generally located north of West Atlantic Avenue, between the Migh Point and Sudan Subdivisions. The majority of the parcel is vacant, with two existing nurseries located at the south end of the property. The rezoning is being processed to accommodate a 284 unit multiple family residential development. At its meeting of March 17, 1997 the Planning and Zoning Board will formally review this item, and its recommendation and comments will be presented at the March 18th Commission meeting. Recommend approval of Ordinance No. 15-97 on first reading. If passed, a quasi-judicial/public hearing will be held April 1, 1997. ORDINANCE NO. 15-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT AND RR (RURAL RESIDENTIAL) DISTRICT IN THE RM-7 (MEDIUM DENSITY RESIDENTIAL - 7 DWELLING UNITS/ACRE) DISTRICT; SAID LAND BEING GENERALLY LOCATED NORTH OF WEST ATLANTIC AVENUE AND SOUTH OF LAKE IDA ROAD, BETWEEN THE HIGH POINT AND SUDAN SUBDIVISIONS, 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 CF (Community Facilities) District, in part, and RR (Rural Residential) District, in part; and WHEREAS, at its meeting of March 17, 1997, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 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 RM-7 (Medium Density Residential - 7 dwelling units/acre) District for the following described property: A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida, said parcel being a portion of Lots 7, 8, 9, 10 and part of Lot 11 as recorded by Model Land Company's Subdivision of the North Half and part of the South Half of Section 18, Township 46 South, Range 43 East, in Plat Book 6, Page 51, of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: Commence at the north quarter corner of Section 18, thence with a bearing of South 89 degrees 13'05" East, along the North line of Section 18, 425.12 feet to a point; thence with a bearing of South 00 degrees 51'39" West a distance of 40.00 feet to a point on the South right-of-way line of Lake Worth Drainage District Lateral No. 32, said point also being the point of beginning, and the Northwest corner of Sudan Unit A, a subdivision as recorded in Plat Book 28, Page 144 of the Public Records of Palm Beach County, Florida; thence with a bearing of South 00 degrees 51'39" West along the West line of Sudan Unit A, a distance of 156.02 feet to a point; thence with a bearing of South 89 degrees 13'05" East along the South right-of-way line of Bishop Drive a distance of 116.65 feet to the northwest corner of Lot 1, Block 3; thence with a bearing of South 11 degrees 09'34" West along the West line of Block 3 and Block 4, a distance of 1084.58 feet to a point on the South right-of-way line of Ambrose Drive; thence with a bearing of South 89 degrees 15'22" East along the South right-of-way line of Ambrose Drive, a distance of 64.21 feet to the Northwest corner of Lot 14, Block 1; thence with a bearing of South 00 degrees 43'48" West along the West line of Lot 14, Block 1, a distance of 108.93 feet to a point on the South line of Sudan Subdivision Unit A; thence North 89 degrees 45'41" West 669.24 feet; thence run South 01 degree 03'02" East 150.00 feet; thence run South 89 degrees 45'41" East 150.00 feet; thence South 01 degree 07'23" East 193.97 feet~ thence South 89 degrees 53'11" East 152.92 feet; thence South 00 degrees 04'33" West a distance of 200~33 feet; thence North 89 degrees 55'27" West a distance of 649.64 feet; thence North 01 degree 05'55" West a distance of 100.02 feet; thence South 89 degrees 55'28" East 10.00 feet; thence run North 01 degree 05'55" West 100.02 feet; thence run 89 degrees 55'28" West 5.01 feet; thence run North 01 degree 05'55" West 345.81 feet; thence North 89 degrees 45'41" West 191.02 feet; thence with a bearing of North 01 degree 01'38" West, a distance of 1343.85 feet to a point on the South right-of-way line of Lake Worth Drainage District Lateral No. 32; thence with a bearing of South 89 degrees 13'05" East along the South line of Lateral No. 32 a distance of 1263.16 feet more or less to the Point of Beginning. - 2 - Ord. No. 15-97 Containing 44.94 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 reacling on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 15-97 GC ~~-'~~-~ ) PC /' - ICD N REZONING FOR CORAL TRACE PLANNING DEPAR~[NT FROM: CF(COMMUNI~ FACILITIES) TO: RM-7(MEDIM DENSI~ RESIDENTIAL CITY ~ DELRAY ~[ACH, FL ~ RR(RUR~ RESIDENTI~) 7 UNITS/AC) -- ~1~1~[ ~ ~ ~ -- MAP REF: LM138 TO: DAVID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING ANI~ ZONING / FROM: JANET MEEKS SENIOR PLANNER SUBJECT: MEETING OF MARCH 18, 1997 REZONING FROM RR (RURAL RESIDENTIAL) AND CF (COMMUNITY FACILITIES) TO RM-7 (MEDIUM DENSITY RESIDENTIAL - 7 DU/AC) FOR THE CORAL TRACE MULTIPLE FAMILY DEVELOPMENT (SNED PROPERTY). The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 44.98 acre parcel from RR (Rural Residential) and CF (Community Facilities) to RM-7 (Medium Density Residential - 7 du/ac) to accommodate a 284-unit multiple family development to be known as Coral Trace (Sned Property). The subject property is located north of West Atlantic Avenue and south of Lake Ida Road, between the High Point condominium development and The Sudan single family subdivision. The proposal incorporates unplatted parcels of land totaling 44.938 acres. The majority of the property is vacant with two existing nurseries located at the south end of the property. The parcel has an underlying land use of Medium Density Residential, which allows up to twelve (12) units per acre. The proposal is to rezone the subject property from RR (Rural Residential) and CF (Community Facilities) to RM-7 (Medium Density Residential -.7 du/ac). The rezoning is being processed to accommodate a 284-unit multiple family residential development to be known as Coral Trace. The development will consist of 112 duplexes and 172 quadraplexes, with a density of 6.32 units per acre. The proposed development units will be located within one story structures and each unit will be provided with a one car garage. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Meeting of March 18, 1997 Rezoning from RR and CF to RM-7 for Coral Trace Multiple Family Development (Shed Property) Page 2 The Planning and Zoning Board will formally review this item at its meeting of March 17, 1997. The Board's recommendation and comments will be presented at the March 18th City Commission meeting. By motion, approve on first reading the ordinance of the rezoning from RR (Rural Residential) and CF (Community Facilities) to RMo7 (Medium Density Residential - 7 du/ac) for Coral Trace (Sned Property), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(b) and (c), and setting a public headng date of April 1, 1997. Attachments: P & Z Staff Report and Documentation of March 17, 1997 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 17, 1997 AGENDA ITEM: v.c. ITEM: Rezoning from CF (Community Facilities) and RR (Rural Residential) to RM-7 (Medium Density Residential - 7 du/ac) for Coral Trace (Sned Property), a Multiple Family Development Generally Located North of W. Atlantic Avenue, Between the High Point and Sudan Subdivisions. ~uuuj t_JJ_LL_Z.Z2~J I LAK[ ID.A II GENERAL DATA: l ll.~ ~-I~I I~~"~. ,,~ Owners .......................................... William H. Shed Applicant ....................................... Aurora Homes, Inc. Agent ............................................. Ralph DeNuzzio kocation ......................................... North of W. Atlantic Avenue, betweenthe High Point and Sudan T ltl l I II I t, ,~ II!I! II1! I Subdivisions Property Size ................................. 44.938 Acres Future Land Use Map .................... Medium Density Residential 5-12 du/ac Current Zoning .............................. CF(Rural(CommunitYResidential)Facilities) & RR Proposed Zoning ........................... RM-7 (Medium Density Residential - 7 alu/ac) Adjacent Zoning ................... North: R-l-AB (Single Family Residential) East: R-l-AA (Single Family Residential) & RR South: RR & RM West: RM (Medium Density Residential) Existing Land Use ......................... Vacant land and a nursery operation Proposed Land Use ....................... Construction of a 284 unit residential development consisting of 112 duplexes and 172 -i quadraplexes, with a density of 6.32 units per acre. Water Service ................................ Water service is to be provided via installation of an 8" main within the access tract with connections to an side of the Sudan subdivision, a 10' water main within Davis Road and a 6" main within Bishop and Ambrose Drives, within the Sudan 1 Sewer Service ............................... Sewer service will be provided via gravity flow to a lift station within the Sudan subdivision, and construction of a new lift station which will connect to an existing 8" force main. -_ c ° c r c o u ~ s ~ "~~'~.~ VC. The action before the Board is making a recommendation to the City Commission on a rezoning request from Community Facilities (CF) and Rural Residential (RR) to Medium Density Residential - 7 du/ac (RM-7). The subject property is located west of Davis Road, South of Delray Shores subdivision, approximately 1,456 feet north of Atlantic Avenue and contains approximately 44.938 acres. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The proposal is to rezone the 44.938 acre parcel from CF (Community Facilities) and RR (Rural Residential) to RM-7 (Medium Density Residential- 7 du/ac). In December of 1986, Palm Beach County School Board acquired the CF zoned portion of the property for a contemplated middle school to replace Carver Middle School. After the acquisition of the property, the school district and the City evaluated the actual development potential of the property. It was determined that the access to the site from the north, through Delray Shores and from the east, Davis Road was unacceptable. In addition, the site was not well located to meet school district desires relative to a middle school. Thus, the school district began searching for an alternative site and eventually constructed Carver Middle School at the northeast corner of Barwick Road and Atlantic Avenue. At its meeting of November 8, 1988, the City Commission approved the annexation of the RR zoned parcel via Ordinance No. 126-88 with an initial zoning of ART (Agricultural Residential Transitional). The subject properties were zoned R-l-AA (Single Family Residential) and ART (Agricultural Residential Transitional) until they were rezoned to CF (Community Facilities) and RR (Rural Residential) with the Citywide rezoning associated with the approval of the Land Development Regulations in 1990. The d~velopment proposal is to rezone the subject property from Rural Residential (RR) and Community Facilities (CF) to Medium Density Residential- 7 du/ac (RM-7). The rezoning would accommodate a proposed residential development known as Coral Trace containing 112 duplex units and 172 townhouse units (quadraplexes) for a total of 284 units, and density of 6.32 units per acre. The proposed development will also -' P & Z Board Staff Report Rezoning from CF and RR to RM-7 for the Sned Property Page 2 incorporate 13.72 acres of open space which includes 2.81 acres of tree preservation areas, two lakes, two tennis courts, community pool, spa, cabana, tot lot, community center, and picnic areas. Access to the site will be provided from Atlantic Avenue by a street which will contain a 60' right-of-way including a landscape median and pedestrian access on one side of the road. REQUIRED FINDINGS; (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. F~ture Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use designation for the subject property is Medium Density Residential 5-12 du/ac and is currently zoned CF and RR. The rezoning to RM-7 (Medium Density Residential -7 du/ac) is consistent with the Medium Density Residential Future Land Use Map designation. The proposed multiple family development (duplexes and quadraplexes) is allowed as a permitted use in the RM zone district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. .~.g_g..al3:~B;~: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: The current zoning can accommodate a school and two residential homes. The change to a multiple family development will result in an increase in water and sewage flows. The projected water and sewer flows under the current zoning is 14,141 gallons per day, whereas the flows for a maximum potential of 314 units (44.938 acres x 7 du= 314 units) is 68,700 gallons per day. Water service is to be provided via installation of an 8" main within the access tract with connections to an existing 18" water main along the south side of the Sudan Subdivision, a 10" water main within Davis Road, and a 6" main within Bishop and Ambrose Drives, within the Sudan Subdivision. Sewer service will be provided via gravity flow to a lift station within the Sudan subdivision and construction of a new lift station which will connect to an existing 8" force main. P & Z Board Staff Report Rezoning from CF and RR to RM-7 for the Sned Property Page 3 The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. At the time of approval of the Comprehensive Plan, a medium density development was anticipated for this property and was factored into the plan. Thus, a positive finding with respect to this level of service standard can be made. Drainage: As the preperty is currently vacant, there are no problems anticipated with the ability of future development retaining drainage on-site within the proposed two lakes and complying with South Florida Water Management district Standards. Streets and Traffic: The applicant has submitted a traffic study for the proposed rezoning. The current CF zoning designation was to accommodate a school with 1,280 students and 95 teachers. Pursuant to the ITE Manual - Land Use Code 520, the average rate per student is 1.09 Average Daily Trips (ADT) and 3.42 ADT per teacher for a potential of 1,719 ADT. Traffic generated by the proposed 284 unit multiple family development will generate 1,988 ADT. Thus, there will be a slight increase in average daily trips under the proposed zoning. It is noted that pursuant to the traffic study, a median cut is warranted at the intersection of Atlantic Avenue and the proposed main entrance road, along with a right turn lane west bound Atlantic Avenue. This will require elimination of the median cut at Atlantic Avenue and NW 24th Avenue (Breezy Ridge Estates). This item will be further reviewed at the time of site and development plan review. Parks and Open Space: The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that the City meets the adopted level of service for parks and recreation facilities for the ultimate build-out population of the City. As a residential development with a maximum potential of 12 units per acre or 539 units was anticipated for the subject property in the Comprehensive Plan under the Medium Density Residential Future Land Use Map designation, and the maximum units allowed under the proposed RM-7 zoning is 314 units, a reduction in impact on this level of service will be realized. It is noted that a $500.00 park impact fee is required for each dwelling unit that will be collected prior to issuance of a building permit. Solid Waste: Under the current zoning the school would generate 264.5 tons of solid waste per year, where as a potential 314 unit multiple family development would generate 624.86 tons of solid waste per year. The Solid Waste ^uthority indicates in its annual report that the · established level of service standards for solid waste will be met for all developments which have been accounted for in their Comprehensive Plan. As a multiple family P & Z Board Staff Report Rezoning from CF and RR to RM-7 for the Sned Property Page 4 development with a potential of up to 539 units was anticipated for this property in the Comprehensive Plan and only 314 units will be allowed under the proposed RM-7 zoning, a positive impact on this level of service standard will be realized. 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Conservation Element Policy B-2.1: - Submission of a biological survey and a habitat analysis shall accompany land use requests for rezonings. However this requirement shall not apply where it is that there are not such resources. Conservation Element Policy B-2.2: Whenever and wherever significant or sensitive flora and fauna communities are identified pursuant to Policy B-2.1, they shall be preserved as if they were environmentally sensitiv,e areas as identified in Objective B-1. A biological survey has been submitted indicating that there is some protected plant and animal species on the site. A field visit revealed the location of seven gopher tortoise burrows in the northeastern portion of the site. The survey has been transmitted to the Department of Environmental Protection for review, however, a response has not yet been received. Mitigation measures may need to be taken to retain the burrows on site or the tortoises must be relocated in compliance with DEP standards. This item will be further reviewed at the time of site and development plan review Housing Elemertt Policy C-2.4: Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent development regardless of zoning designations. These policies shall be implemented through the review process associated with platting and site plan and shall be effective immediately. This policy will be further reviewed at the time of site and development plan review. However, it is noted that the adjacent residential development to the south (the Tate property) is currently vacant and has a land use map designation of Medium Density Residential with a maximum density of 12 units per acre; to the west is High Point with a density of 8.0 units per acre; to the east The Sudan subdivision with a density of approximately 3 units per acre and RR zoning with .33 units per acre; and to the north Delray Shores subdivision with a density of 3 units per acre. The following are the densities of the surrounding residential developments within a 2,000 foot radius of the subject property: " P & Z Board Staff Report Rezoning from CF and RR to RM-7 for the Sned Property Page 5 Subdivision Units/Acre Club Delray 8.0 units per acre Delray Shores 3.0 units per acre High Point 8.0 units per acre Homewood Lakes 6.0 units per acre Sherwood Forest 2.0 units per acre The Sudan 3.0 units per acre Development of the property should be reasonably consistent with the character of the surrounding residential developments. The current development potential of the property under the Medium Density Land Use designation could allow a maximum of 12 units per acre or 539 units. Under the proposed zoning of RM-7, the maximum density of 314 units would be allowed, and the request is for the development of 284 units with a density of 6.32 units per acre. Development at this density is generally Iow-rise, owner occupied product, which is compatible with adjacent development. Based on the above, a positive finding to this policy can be made. Land Use Element Ob_iecfive A-t: 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 considerations, is complementary to adjacent uses, and fulfills remaining land use needs. As stated under Housing Element Policy C-2.4, the property should be developed in a manner that will be complementary to the adjacent residential developments. The development of this property will fulfill the need for medium density residential development and lower density dwellings. The tortoise burrows may be negatively impacted by the development of the site. However as the property consists of almost 45 acres, and is primarily vacant, mitigation measures including possible relocation can be easily accommodated to avoid negatively impacting the burrows. Section 3.3.2 (Standards for Rezoning Actions): ~Standard B and C is not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within a stable residential area shall be denied. The property is designated as vacant residential on the Neighborhood Categorization Map. However, the properties to the west are noted as stable residential and to the north in need of stabilization. The change in the original zoning from residential (R-1AA) to CF was to accommodate a proposed school. As the school has been built elsewhere, it would be appropriate to change the zoning back to residential. This would also preclude a more intense use that could be allowed to be built under the CF zone district such as a governmental facility. P & Z Board Staff Report Rezoning from CF and RR to RM-7 for the Sned Property 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 proposed zoning of RM-7 is probably more compatible with the adjacent and nearby land uses which consist of residential neighborhoods than the CF zoning which would have allowed a public school. The rezoning will eliminate the potential impact of school bus and playground noise on the adjacent residential subdivisions. Compatibility of the specific development proposal with the adjacent developments will be appropriately addressed with review of a site and development plan request. Section 2.4.5(D)(5) (Rezonin_a Findin_as): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the rsasons 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 appro_orial;e for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: 'B. As per Mr. Sned, Palm Beach County School Board originally was to build on this site but decided to build their Middle School elsewhere and sold the property to him. C. The Future Land Use Plan designates the proposed site as Medium Density (5-12 units/ac) which is compatible more with the area than current zoning. Our plat and master plan will demonstrate 6.32 units/acre which is at the Iow end of the allowable density and better compliments the surrounding uses." Comment: The justification statement addresses Items "b" and "c" as the basis for which the rezoning should be granted. It is appropriate to make a finding that since the school has been built elsewhere, the current CF zoning is no longer appropriate. The RR zoning was given to the property to the south upon its annexation based on the 'existing use of the property as landscape nurseries. As the underlying land use ,. P & Z Board Staff Report Rezonir~ from CF and RR to RM-7 for the Sned Property Page 7 designation of the property was Medium Density Residential, it was anticipated that the rezoning of the these properties would occur to accommodate a residential development. Compliance with Land Development Regulations: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Site and Development plans have been concurrently submitted and the following items of concern have been noted: LDR Section 4.3.4 Development Standard Matrix: With the Site and Development Plan, the following Internal Adjustments will need to be granted from LDR Section 4.3.4 Development Standards Matrix in order for the development to be built under the current scenario: Reduction in the side yard setbacks from 15' to 7.5' for the duplex units; · Reduction in the side street setback from 25' to 15' for the duplex units; and · Reduction in distance between townhouse structures from 25' to 20'. LDR Section 4.6.9 Parking: Pursuant to LDR Section 4.6.9(C)(2)(a) and (b), tandem parking may only be used for single family homes and duplex structures. The development proposal utilizes tandem parking for the villas. Thus, a reduction in parking will need to be granted. It is noted that some guest parking has been provided throughout the site, and each unit has a garage. Reduction in Pavement Widths: - Pursuant to LDR 6.1.2(B)(3), the required pavement width for a local street is 24', and the development proposal is to provide a reduced pavement width which provides for 22' of asphalt with 5' sidewalks as well as drainage swales on each side of the road. The City Engineer has indicated that he supports the reduction in pavement width. Reduction in Right-of-Way Width: Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for a residential street is 60'. The applicant is requesting a reduction in right-of-way width from 60' to 50' for-the street system located in the duplex section of the development (access tracts are to be provided within the townhouse section). A reduction in the required right-of- way width may be granted by the body having approval authority of the associated development application, provided the reduction is supported by the City Engineer '[REF: Section 5.3.1(D)(4)]. The City Engineer reviewed the request and has P & Z Board Staff Report Rezoning from CF and RR to RM-7 for the Sned Property Page 8 determined that the proposed right-of-way width of 50' for this residential development is acceptable. OTHER ISSUE: Atlantic Avenue Median Cut: As discussed earlier in this report, a median cut is warranted at the intersection of Atlantic Avenue and the proposed main entrance road. This will require elimination of the median cut at Atlantic Avenue and NW 24th Avenue (entrance to Breezy Ridge Estates). Reconfiguration of the medians and relocation of landscape materials located within those medians will be required. The applicant will also be required to modify the City's permit through The Florida Department of Transportation for these improvements. Special concern is noted for the coordination of the redesign of the irrigation system which is a Toro/Irrinet system. The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Courtesy Notices; Courtesy Notices have been provided to the following homeowner's and civic associations: High Point Condominium Association (all sections) PROD (Progressive Residents of Delray) United Property Owners Rainberry Lakes Homeowner Association Sudan Homeowners Association Woodlake Homeowners Association Delray Shores Homeowners Association Rainberry Bay Hamlet Homeowners Association Greensward Village Hanover Square/Windy Creek 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. P & Z Board Staff Report Rezoning from CF and RR to RM-7 for the Shed Property Page 9 The rezoning from CF to RM-7 is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Also, positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the RM-7 zoning is more appropriate given the school has relocated to another site, and that the RM-7 zoning is more appropriate given the sites location in a residential area. A. Continue with direction. B. Recommend rezoning of Coral Trace from CF and RR to RM-7, based on positive findings with respect to Section 2.4.5(D)(1) (rezoning findings), Section 3.1.1, and the performance standards of Section 3.3.2. C. Recommend denial of a rezoning for Coral Trace, based on a failure to make positive findings with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .. ;:~:~:: i::~:' ::~:: ! i:i:! !:!:~::i::i: ;i:i ..!.~:: -:::"::!: ~:!: ;i:! ::~ .::! ::: :::' ':!::: ::!:; :: .:: ~::::::: ::::::::::::::: :: :::::::: :::::::::::::::::::::::::: Recommend approval of the rezoning request for Coral Trace from CF (Community Facilities) and RR (Rural Residential) to RM-7 (Medium Density Residential - 7 units per acre), based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachments: I~ Location/Zoning Map 13 Survey CANAL ND.