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08-05-97 Regular DELRAt BEACH CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~ AUGUST 5, 1997 - 6:OS P.M./PUBLIC HEARING 7:00 P.M. t I I COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph 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. Oenerally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under' these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. Ail comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting August 5, 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. 5. Approval of Minutes: Regular Meeting of July 15, 1997 Special Meeting of July 22, 1997 6. Proclamations: None 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. A. RESOLUTION NO. 54-97: Adopt a resolution requesting a pro-rata share of the County Emergency Medical Service Surcharge Award Program funds, and authorizing the Mayor to execute all docu- ments necessary to complete the request. B. RESOLUTION NO. 55-97: Adopt a resolution authorizing the City to join with other local governmental units as a participant in the Florida Municipal Investment Trust for the purpose of purchasing shares of beneficial interest in the Trust. C. RESOLUTION NO. 56-97/EASEMENT ABANDONMENT AND ACCEPTANCE OF REPLACEMENT EASEMENT: Adopt a resolution abandoning a portion of a 12' water distribution easement and acceptance of a replacement easement at the Wallace Ford Dealership site, located at the northwest corner of Linton Boulevard and Wallace Drive. D. OFF-SITE PARKING AGREEMENT BETWEEN THE CITY, GULFSTREAM EQUITY GROUP, AND DIOCESE OF PALM BEACH/PIZZAZZ CAFE: Approve an off-site parking agreement between the City, Gulfstream Equity Group, and Diocese of Palm Beach for the Pizzazz Cafe, a proposed restaurant to be located within the Eighth Street Market on the north side of George Bush Boulevard, west of the Intracoastal Waterway. 2 Regular Commission Meeting August 5, 1997 E. TRAINING AGREEMENT RENEWAL/SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve a renewal of the Agreement between the School District of Palm Beach County and the City for vocational education programs for the period July 1, 1997-June 30, 1998. F. CARVER ESTATES TRAFFIC AGREEMENT: Approve an agreement between the City and the Delray Beach Housing Authority for the enforcement of state and local traffic laws within Carver Estates. G. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FY 1998 BUDGET ACTIONS: Ratify establishment of user rate of $0.6955/gal. for cities; and accept the 1997/98 O&M Budget, Capital Projects, and Repair and Replacement expenditures for 1997/98 as approved by the SCRWTD Board on July 17, 1997. H. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions approved by the SCRWTD Board on July 17, 1997. I. RATIFICATION OF REAPPOINTMENT TO THE KIDS AND COPS COMMITTEE: Ratify the reappointment of William J. Fay, Jr. to the Kids and Cops Committee as the representative for Banyan Creek Elementary School. J. MODIFICATION OF STANDARDS OF APPROVAL/FINGER PIER AT 960 SEASAGE DRIVE: Authorize a modification of standards for approval as set forth at LDR Sections 7.9.7(C) and 7.9.9 governing Docks, Dolphins, Finger Piers and Boat Lifts to allow the construction of a finger pier with three mooring piers (dolphin piles) at 960 Seasage Drive. K. FUNDING SUBSIDIES/DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies totaling $43,027.49 for three eligible applicants under the Delray Beach Renaissance Program ($23,500 from HOME Account 118-1923-554-83.01 and $19,527.49 from SHIP Account 118-1924-554-83.01). L. APPOINTMENT OF OUTSIDE COUNSEL/SEAN DERUISE V. THE CITY AND LaFLEUR: Approve the appointment of outside counsel as recommended by the City Attorney. M. 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 July 14 through August 1, 1997. N. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Physio-Control Corporation, sole source for a Lifepak II Diagnostic Cardiac Monitor Defibrillator, in the amount of $12,004 from 001-2315-526-64.90. 3 Regular Commission Meeting August 5, 1997 2. Bid award to National Ambulance Builders via Boca Raton joint bid for the purchase of an Emergency Medical Care Vehicle for the Fire Department, at a total cost of $104,960.72 from 501-3312-591-64.20. 3. Purchase award to Atlantic Refrigeration Corporation for emergency replacement of an air conditioning unit at the Police Station, in the amount of $36,706 from 334-6112- 519-46.90. O. SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT: Approve a contract addendum with H.T.E., Inc. to provide for the implementation of our Cellular Digital Packet Data connection to set up the initial 5 Police vehicle laptops and the AS400 computer, in the amount of $38,880 from 112-2172-521-64.11. 9. Regular Agenda: A. ARCHITECTURAL ELEVATIONS FOR WATERWAY EAST RESTAURANT: Consider approval of revised architectural elevations for the Waterway East Restaurant located south of East Atlantic Avenue and west of Venetian Drive, adjacent to the Intracoastal Waterway in the Waterway East shopping center. B. EXTENSION REQUEST FROM THE CROSSROADS CLUB, INC.: Consider a request to extend the time frame for compliance with conditions of approval associated with The Crossroads Club, Inc. located at the southwest corner of N.E. 2nd Street and 4th Avenue. C. RESOLUTION NO. 57-97: Consider approval of a resolution amending Resolution No. 47-97 which established the High-Rise Fire Safety Task Team. D. OFFER TO SATISFY LIENS/123 N.W. 10TH AVENUE: Consider an offer to satisfy nuisance abatement liens which exist agains~ property at 123 N.W. 10th Avenue (Lot 4, Block A, West Side Heights). E. REQUEST FOR FUNDING/CENTER FOR EMPLOYMENT TRAINING: Consider a request from The Center for Employment Training for funding of Delray Beach residents seeking to enroll in the CET training program. F. FY 1998 BEAUTIFICATION FUND BUDGET: Consider alternative proposals for balancing the Beautification Fund. G. FY 1998 GENERAL FUND BUDGET/STATUS REPORT. H. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint three members to the Planning and Zoning Board for two year terms ending August 31, 1999. The appointments will be made by Commissioner Egan, Commissioner Ellingsworth and Commissioner Randolph. -4- Regular Commission Meeting August 5, 1997 I. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint three members to the Site Plan Review and Appearance Board for two year terms ending August 31, 1999. The appointments will be made by Commissioner Randolph (layperson), Mayor Alperin (architect/engineer) and Commissioner Schmidt (layperson). J. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three members to the Historic Preservation Board for two year terms ending August 31, 1999. The appointments will be made by Commissioner Schmidt, Commissioner Egan and Commissioner Ellingsworth. K. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two regular members and two alternate members to the Board of Adjustment for two year terms ending August 31, 1999. The regular member appointments will be made by Commissioner Randolph and Mayor Alperin, with the alternate member appointments by Commissioner Schmidt and Commissioner Egan. L. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint four members to the Board of Construction Appeals for two year terms ending August 31, 1999, as follows: architect (Mayor Alperin's appointment); master plumber (Commissioner Schmidt's appointment); general contractor (Commissioner Egan's appoint- ment); and sign contractor (Commissioner Ellingsworth's appointment). M. PROPOSAL REGARDING ENFORCEMENT OF CITY CODE SECTION 101.27, "ANIMAL REGULATIONS": Consider a proposal from Mr. John Marino to amend Section 101.27, "Animal Regulations", of the City Code, specifically to allow dogs on the north end of the municipal beach. 10. Public Hearings: A. ORDINANCE NO. 29-97: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Civil Service", of the City Code to conform with the changes to the Civil Service Special Act passed by the 1997 State Legislature as embodied in enrolled local bill HB 521. 11. C_-~--ents and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: None 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission --5-- [IT¥ OF i]ELR r DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Ail-America C~ 1993 TO: David T. Harden, City Manager FROM: Robert Rehr, Fire Chief DATE: July 25, 1997 SUBJECT: REQUEST CITY COMMISSION APPROVAL AND RESOLUTION TO ALLOW PARTICIPATION IN TItE COUNTY PRO-RATA GRANTS PROGRAM. Each year the County E.M.S. Program makes Pro-Ram funds available to licensed E.M.S. Providers. To utilize these non-matching funds we must submit an application requesting the purchase of equipment which is not budgeted through the City and a supporting resolution fi.om the City Commission. The resolution is needed to demonstrate that the Delray Beach Fire and Emergency Medical Services Department, in fact, represents the Emergency Medical Services for the City and that the equipment purchased with these funds expands and improves the level of care provided to our citizens. For FY 97°98 we wish to purchase Nine ( 9 ), Twelve lead ECG Monitors/Defibrillators with Cardiac Pacing and other accessories. We currently do not have the interpretive diagnostic capability or the computer enhanced process to record and archive all of the diagnostic data. With this non-matching grant we will have the technology needed to record and archive all the interpretive diagnostic dam and will allow our department to interface with the county-wide Cardiac Alert Program to enhance patient care. We request this item be placed on the August 5, 1997 agenda. A copy of the proposed resolution is attached for review. Robert B. Rehr Fire Chief RBR/dgr/pro a~chmcnts cc: D. Trawick, Div. Chief D. Randolph, Train. ~ Dev. Mgr. THE EFFORT ALWAYS MATTERS RESOLUTION NO. 54-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SFJ~RE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. WHEREAS, the City of Delray Fire and Emergency Medical Services Department represents the Emergency Medical Service interest of the City of Delray Beach; and WHEREAS, the City of Delray Beach Fire Department is requesting Pro-Rata grant funding for the purchase of nine (9) 12 lead ECG monitors/defibrillators with cardiac pacing, including accessories which will aid the EMT and Paramedics in provision of pre-hospital services; and WHEREAS, the City of Delray Beach Fire Department is eligible to receive funds collected by the Emergency Medical Service Surcharge, pursuant to Florida Statutes, Chapter 401.113; and WHEREAS, these funds are to be used to expand and improve the City's level of emergency medical care to the citizens of Delray Beach and will enhance the emergency medical service operation; and WHEREAS, these funds are to be spent on equipment not budgeted through the Cisy of Delray Beach and would be unavailable otherwise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor of the City of Delray Beach, Florida, is hereby authorized to execute all documents which are necessary to complete the request for a Pro-Rata share of the County Emergency Medical Service Surcharge Award Program Funds. PASSED AND ADOPTED in regular session on this 5th day of August, 1997. ATTEST: C~ty Clez~ - 10. Project Need and Outcome Statement: Write a clear, concise statement describing the need(s addressed by this project and the extent to which the need(s) will be changed by this project. Include:(1) the current and project number of people directly served by this project, (2) The geographic area, (3) the source and time frames from which you obtained your data, (4) the evaluation methods used to measure the efficiency and/or effectiveness of the project's outcome. You may attach additional pages, if necessary, to complete section. Utilizing run report review for calendar year 1996, we performed cardiac monitoring via LifePak 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 ECG's. With this grant 100% of our patients will be presented with the technology to have interpretive diagnostic 12 lead ECG's performed as needed and adequately record and archive this data. Attached are documents referencing our County-wide "Cardiac Alert Program" 12. 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, quantity, and cite vendor information. Items/Quantities and Positions/FTEs Cost Per Unit --12 Lead ECG Monitors/Defibrillators $18,644 ea. with Cardiac pacing, including accessories. (6 units in active response units) (2 units on reserve units; maintenance back-ups and extra high volume response units) (1 unit for Supervisor unit) 9 Units TOTAL $167,796. Memorandum To: David T. ~Manager From: Joseph M. ~r,_/,., ector of Finance Subject: Florida Municipal Investment Trust Date: July 23, 1997 Attached is a resolution authorizing the City of Delray Beach to become a participant in the Florida Municipal Investment Trust. We are recommending participation in the Trust as an alternative investment vehicle. BACKGROUND The Trust was created by and for the benefit of governments and is an approved investment by the State of Florida. The Florida League of Cities serves as the Administrator. The Trust is governed by a Board of Trustees which is made up of the President and First Vice President of the Florida League of Cities, Inc., two representatives from the Florida Municipal Insurance Trust, and up to three members who must be an elected official of an active member of the Trust and who are elected by the Trustees. The current investment advisory committee includes Mickey Miller, Director of Finance of the City of Orlando; Robert J. Nachlinger, Finance Director of the City of Miami Beach; James C. Maniak, Finance Director of the City of Daytona Beach, Damon R. Adams, Director of Finance of the City of Fort Lauderdale, Mervyn C. Timberlake, Jr., Financial Services Director of the City of Boca Raton; and Robert B. Inzer, City Treasurer of the City of Tallahassee. The Trust is managed by Atlanta Capital Management Company (ACM) which manages approximately $2 billion of fixed income, equity, and balanced portfolios for public funds, employee benefit trusts, endowments and individual investors. The Trust has a short-term bond portfolio as well as a long-term bond portfolio and consists of U.S. Treasuries, Federal Agency Securities, Instrumentalities and high grade Corporate Securities. The Trust is monitored by Fitch Investor's Service for credit quality and compliance with the investment policies of the funds. Both portfolios are rated AAA and are of Iow to moderate risk. The Trust is also monitored by Dahab Associates, Inc. which provides performance measurement. INTEREST EARNINGS The interest rate net of fees for the year ending June 30, 1997 was 6.42 for the short- term portfolio and 7.67% for the long-term porfolio. For the same period of time, the interest rate net of fees for the City's investment at the State Board of Administration was 5.45% and the investment in a one year certificate of deposit was 5.43%. RECOMMENDATION We recommend that the City participate in the Florida Municipal Investment Trust and request that this resolution be placed on the agenda of August 5, 1997 for City Commission approval. Investing in this Trust will allow for competitive diversification of City funds by investing in a state approved professionally managed porfolio of AAA rated instruments. RESOLUTION NO. 55-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY OF DELRAY BEACH (HEREIN REFERRED TO AS THE "CITY") TO JOIN WITH OTHER LOCAL GOVERNMENTAL UNITS AS A PARTICIPANT IN THE FLORIDA MUNICIPAL IN-VESTMENT TRUST FOR THE PURPOSE OF PURCHASING SHARES OF BENEFICIAL INTEREST IN THE TRUST. WHEREAS, Section 163.01, Florida Statutes, authorizes the state, or any county, municipality or political subdivision of the state, to jointly exercise any power, privilege or authority which such governmental entities share in common and which each might exercise separately, and further provides such authority is in addition to and not in limitation of those granted by any other general, local or special law; and WHEREAS, by Resolutions dated the 27th day of January, 1993, the 25th day of January, 1993, and the 14th day of January, 1993, the governing bodies of the City of Bradenton, Florida, the City of Lauderhill, Florida, and the City of Palatka, Florida, respectively, found the creation of the Florida Municipal Trust serves a municipal purpose and will offer diversified and professionally managed portfolios for the investment of the assets of participating municipalities and other agencies or political subdivisions in or out of the state; and WHEREAS, the authorized representatives for the City of' Bradenton, Florida, the City of Lauderhill, Florida, and the City of Palatka, Florida, have executed the Agreement and Declaration of Trust on the 28th day of April, 1993, creating the Florida Municipal Investment Trust which governs the purpose, administration and operation of the Trust and its activities; and WHEREAS, the constitutional, statutory and judicial authorities in the State of Florida authorize municipalities and other agencies or political subdivisions in or of the state to join with other municipalities and other agencies or political subdivisions in or of the state for the purpose of investing and reinvesting surplus public funds; and WHEREAS, under the terms and provisions of the Agreement and Declaration of Trust creating the Florida Municipal Investment Trust any municipality and any other agency or political subdivision in or of the state desiring to participate in the Trust as a member must become a party to the Agreement and Declaration of Trust; and WHEREAS, the Florida Municipal Investment Trust is an authorized investment under Section 218.415(15), Florida Statutes, for units of local government in Florida; and WHEREAS, it is the intent of the City to participate in the Florida Municipal Investment Trust as a member and become a party to the Agreement and Declaration of Trust. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City finds that participation in the Florida Municipal Investment Trust, a pool-investment program, would be in the best interest of the City, its officials, officers and citizens in that such a program offers diversified and professionally managed portfolios to meet investment needs, results in economies of scale that will create greater purchasing powers and will thereby lower the cost traditionally associated with the investment of assets of the City. Section 2. The City hereby expressly authorizes participation in the Florida Municipal Investment Trust as a member and will become a party to the Agreement and Declaration of Trust, as amended, which is adopted by reference with the same effect as if it had been set out verbatim in this section. Section 3. The City is hereby expressly authorized to purchase shares of beneficial interest in the Trust from time to time with available funds, and to redeem some or all of its shares of beneficial interest from time to time as funds are needed for other purposes, subject to the terms and restrictions of the Agreement and Declaration of Trust referred to in Section 2 and the most recent Informational Statement. These actions are to be taken by the officers designated for this purpose pursuant to general or specific instructions by the governing body of the City. Section 4. The Trustees of the Trust are designated as having official custody of the City's funds which are invested by the purchase of shares of beneficial interest in the Trust. Section 5. The City specifically finds and determines the following matters: - 2 - Res. No. 55-97 (a) the conditions of the agreement and the rights and responsibilities of members of the Trust are set forth in the Agreement and Declaration of Trust, as amended, and in the most recent Informational Statement; (b) participation in the Trust shall be terminable at any time by the City subject to the terms and restrictions of the Agreement and Declaration of Trust, as amended, and the most recent Informational Statement; (c) the Agreement and Declaration of Trust, as amended, and the purchase of its shares of beneficial interest are for the purpose of investing the City's funds as part of a pooled-investment program with other agencies or political subdivisions in or of the state, thereby achieving economic and other advantages of pooled investments, and the powers and scope of authority delegated are set forth in the Agreement and Declaration of Trust, as amended; (d) it is not necessary to finance the agreement authorized herein from funds of the City, except through the purchase of shares of beneficial interest in the Trust; (e) the Trust shall be managed by a Board of Trustees as set forth in the Agreement and Declaration of Trust, as amended; and (f) the Board of Trustees of the Florida Municipal Investment Trust adopted Resolution No. 93-2 providing for general disclosure policies of the Trust's operations and Informational' Statements for the benefit of members and prospective members of the Trust so that members and prospective members are fully aware of significant investment and administrative policies, practices and restrictions of the investment portfolios of the Trust. Section 6. The City designates and authorizes the Director of Finance (or other authorized representatives) to execute such applications and other documents as are required to invest and reinvest surplus funds of the City in shares of beneficial interest of the Trust's investment portfolios. Section 7. The City Clerk is hereby directed to furnish a certified copy of this Resolution to the Florida League of Cities. Section 8. This Resolution shall become effective immediately upon its adoption. - 3 - Res. No. 55-97 PASSED AND ADOPTED in regular session on this the 5th day of August, 1997. ATTEST: - Jcity -Cl~rk r The foregoing resolution is hereby approved as to form, language and execution on this the~. ~' day of City Attorney ~ - 3 - Res. No. 55-97 TO: DAVID T. HARDEN, CITY MANAGER THRU: DEPARTMENT OF PLANNINC:~'AND ZONING '7 FROM: CLAIRE LYTE-~G~RAHAM, PLANN / SUBJECT: MEETING OF AUGUST 5, 1997 **CONSENT AGENDA** ABANDONMENT OF A PORTION OF A 12' WATER DISTRIBUTION EASEMENT AND ACCEPTANCE OF A REPLACEMENT EASEMENT On June 5, 1996, the Site Plan Review and Appearance Board (SPRAB) approved a minor site plan modification for a body shop expansion and addition of executive offices to Wallace Ford. A portion of an existing water main was relocated to accommodate the construction of the executive offices. The 12' distribution easement is being amended to reflect this relocation. 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. The City's Environmental Services Department is aware of the relocation of the water main and has no objections to the requested abandonment as a replacement easement is being provided. The relocation of the water main has not resulted in the disruption of services to adjacent parcels. By motion, approve the abandonment of a portion of the water distribution easement through the enactment of Resolution 56-97, and accept the replacement easement for the portion of relocated water main. Attachments: · Location Map and Exhibits RESOLUTION NO. 56-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A WATER DISTRIBUTION EASEMENT AS SHOWN ON THE PLAT OF WALLACE FORD RECORDED IN PLAT BOOK 60, PAGES 174 AND 175 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF A REPLACEMENT EASEMENT. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of a 12 foot water distribution easement as shown on the Plat of Wallace Ford, as more particularly described herein, said property being located at the northwest corner of Linton Boulevard and Wallace Drive; and WHEREAS, said application for abandonment of a water distribution easement 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 water distribution easement, subject to acceptance of a replacement easement for the portion of relocated water main. 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 receipt and acceptance of a replacement easement, more particularly described as follows: A parcel of land lying within the plat of "WALLACE FORD", according to the plat thereof, as recorded in Plat Book 60, Pages 174 and 175 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCING at the Easternmost Northeast corner of said plat; thence South 89 degrees 49'49" West, along the north line thereof, a distance of 284.00 feet; thence South 01 degree 21'19" West, a distance of 186.68 feet to the POINT OF BEGINNING; thence South 37 degrees 59'05" East, a distance of 36.41 feet; thence South 65 degrees 23'45" East, a distance of 48.52 feet; thence South 24 degrees 30'21" West, a distance of 12.00 feet; thence North 65 degrees 23'45" West, a distance of 51.47 feet; thence North 37 degrees 59'05" West, a distance of 43.63 feet; thence North 71 degrees 41'07" East, a distance of 12.00 feet to the POINT OF BEGINNING. Section 2. That the abandonment hereinabove described shall not become effective and this Resolution No. 56-97 shall not be recorded in the Public Records of Palm Beach County, Florida, until such time as a replacement easement has been accepted and recorded by the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 5th day of August, 1997. ATTEST: /City ~i~k - 2 - Res. No. 56-97 PLATTS ACRES BB. 21, P~47) NORTH LINE ~ ~l~&~j" ~ WALLACE FORD TRACT 'A" '~ ~ ~ ( RB. 60,PGS. 174'175) 174-175) P.O,C.- P~NT ~ ~M~T ~ P.O,B.- P~NT ~ BE~NNING P.B. -- PLAT ~  P6S. -- P~ES / NOTES: Reproductions of this sketch are not valid unless sealed with an embosaed aurveyor'a seal. 2.Lands shown hereon are not abstracted fo~ Rights-of-Nay,'~aeements, O~nerehip, or other Instruments of Record. 3.Bearings shown hereon ere relative to the record plat base~ on the North line of said plat bearing S 89" 49' 49" W. 4.The "LAND DESCRIPTION" hereon was prepared by the Surveyor. 5. Data shown hereon was compiled from the instrument of record and does not constitute a field survey as such. DESCRIPTION: & parcel of land lyingwithin the plat of ~WALLACZ FORD", according to the plat thereof, as recorded In Plat Book 60, Pages 1~¢ and 115 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCING at the Easternmost Northeast corner of said plat; thence S 89' 49' 49" W, along the north line thereof, a distance of 284.00 feet; thence S 01" 21' 19" W, a distance of 186.68 feet to the POINT OF BEGINNING; thence S 37" 59' 05" E, a distance of 36.41 feet; thence S 65' 23' 45" E, a distance of 48.52 feet; thence S 24" 30' 21" W, a distance of 12.00 feet; thence N 65" 23' 45# W, a distance of 51.47 feet; thence N 37e 59' 05" N, a distance of 43.63 feet; thence N 71' 41' 07# E, a distance of 12.00 feet to the ~OINT OF BEGINNING. Said lands aL[Date in the City of Delray Beach, Palm Beach County, Florida. Subject to Easements, Restrictions, Reservations, Covenants, and Rights-of-Way of Record. CERTTFICATE: I hereby certify that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction on May 5, 1997. I further certify that this Sketch of Description meets the Minimum Technical Standards set forth in Chapter 61G17-6 adopted by the Florida Board of. Surveyors and Mappers pursuant to Florida Statutes 472.027. ORN.BY , ~. CKO.BY ' WALLACEFORDWATER~ISTRIBUTION) PACE~O'BK'~ EASEMENT ABANDONMENT ~ w Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this __ day of , 1997, by and between Wallace Ford, Inc. , with a mailing address of P.O. Box 9002~ Delray Beach, FL ,33/447-90( party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($I0.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate~ and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns'~of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. * (but not members of the public) That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property, which, in the reasonable opinion of the party of the second part, endanger or interfere with safe and efficient installation, operation or management of such utility. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever c!aimed by, through or undcr it, ~hat it has good right and lawful authority to grant the above-described easement and that the same is (or wi_ii 1: unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. Gloria Siu _ (name printed or typed) Print Name: William- L. Wallace WITNESS #2: .4 f/ -Barbara ~riffi~l{ (name printed or typed) STATE OF Florida . COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 13 day of June , 1997 by William L. Wallace, Presiden~name of officer or agent, title of officer or agent) of Wallace Ford, Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. HeAF, he-is personally known to me or-lra~-p~ (type of identification) as identification. Sigha~-ure of Notary Public EASECOR.DED NICOLA A. ROBINSON Nota~ Public. State of Florida My Comm~ss,~o~ E~ptres Ju~e 7, ~1~ Commission ~CC380214 /~sE g 12~ ~-=--$~:~ '~ x ~c.~ ~ ' ~ ' ~ ~ ~ ~ o ~ ~ ' I~1~ ~ T~' ~ ~ ' [~Jl/~ ~ ) .... ...... ',' ~ ~' I GIf¢~ ~,-'¢~, ~~ ~" ~~. ~, ~~~'~~~ .~'~ ~ ~,~; ..~,..~ ! LOCATION MAP n.t.s. j. ~ Rmv, ~ ~ / I ORN,B Y: ~, 407 * ~2.1~1 WALLACE FORD I WATER DISTIBUTION EASEMENT, ,,, i o PLATTS ACRES (PB. 21, PG. 47) NORTH LINE ~ l N.~ ~RNER N7 w~ LL~CE FORD EO/ TRACT P.O.C.- P~NT OF COMMENCI~ENT P.O.B.- P~NT OF BE~NNING P.B. --PLAT BOOK PG$. --P/~ES NOTES: ~.~" 1. Reproductions of this sketch are not valid unless seale~ with a~ embossed surveyor's seal. / / 2. Lands shown hereon are not abstracted for Rights-of-Way, Easements, Ownership, or other Instruments of Record. 3. Bearings shown hereon are relatJve to the record plat based oo the ~orth line of said plat bearing S 89~ 49' 49" W. 4. The "LAND DESCRIPTION" hereon was prepared by the Surveyor. 5. Data shown hereon was compiled from the instrument of record and does not constitute a ~ield survey as such. DESCRIPTION: A parcel of land lying within the plat of 'WALLACE FORD", according to the plat thereof, as recorded In Plat Book 60, Pages 174 and 175 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: C~MENCING at the Easternmost Northeast corner of said plat; thence S 89' 49' 49" W, along the north line thereof, a distance of Z84.00 feet; thence S 01" 21' 19" W, a distance of 186.68 feet to the POINT OF BEGINNING; thence continue S 01" 21' 19" W, a distance of 6.75 feet; thence S 24° 34' 16" W, a distance o~ 63.82 fee%; thenc~ S 65 25' 44" E, a dis%ance of 78.23 feet; thence N 24° 30' 21" E, a distance of 41.21 feet; thence S 65° 25' 44" E, distance of 12.00 feet; thence S 24° 30' 21" W, a distance of 53.21 feet; thence N 65° 25' 44" W, a distance of 102.24 feet; thence N 24e 34' 16" Z, a distance of 73.35 feet; thence N 7~e 41' 07" E, a distance of 12.00 feet to the POINT O~ BEGINNING. Said la~ds situate In the City of Oe~ray Beach, Palm 8each County, Florida. Subject to Easements, Restrictiqns, Reservations, Covenants, and Rights-of-Way of Record. C~RTIFICATE: I hereby certify that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction on May 5, 1997. I further certify that this Sketch of Description meets the Minimum Technical Standards set forth iff Chapter 61G17-6 adopted,by ~e~lorida Boar~f.SN~y~s and Mappers pursuant to Florida Statutes 472.027. %~4~ 6c R~. ~ Surv~r 15302~ s~of no~d. SHEET 2 OF 2 LB ~3591 ~. -, ~ ..... . ....... s ...... / ITM~ I 7~1A~I ~ ~ ~d-~ I~ 4~7 - ~2.1~1 ~ IO~N'~Y ' ~ i / WALLACE FORD I PAGE 12' WATER DISTIBUTION EASEMENT, [~ ~o. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~" SUBJECT: AGENDA ITEM # ~'~' - MEETING OF AUGUST 5, 1997 OFF-SITE PARKING AGREEMENT BETWEEN THE CITY, GULFSTREAM EQUITY GROUP, AND DIOCESE OF PALM BEACH/PIZZAZZ CAFE DATE: AUGUST 1, 1997 This is before the Commission to approve an off-site parking agreement between the City, the Gulfstream Equity Group and the Diocese of Palm Beach, for the Pizzazz Cafe. The subject property is known as the Eighth Street Market which is located east of N.E. 9th Avenue on the north side of George Bush Boulevard. The City earlier received a request to convert a retail space in the Eighth Street Market to a bakery/cafe. However, during building permit review, it was noted that 15 additional parking spaces would be required to establish the restaurant use, and that they could not be accommodated on-site. An off-site parking agreement has been submitted between the Pizzazz Cafe and the St. Vincent Ferrar Church located directly across the street, which will provide the required parking spaces along the frontage of the church's property. The church and the restaurant will have different hours of operation. At its meeting of July 23, 1997 the Site Plan Review and Appearance Board approved the off-site parking arrangement pursuant to LDR Section 4.6.9(E) (5) subject to the condition that a recorded copy of the off-site parking agreement be provided prior to issuance of an occupational license for the cafe. Recommend approval of the off-site parking agreement between the City, the Gulfstream Equity Group, and the Diocese of Palm Beach for the Pizzazz Cafe. TO: DAVID T. HARDEN CITY MANAGER THRU: OMINGUEZ, D R DEPARTMENT OF PLANNING AND ZONING FROM: , SENIOR PLANNER SUBJECT: MEETING OF AUGUST 5, 1997 **CONSENT AGENDA** OFF-SITE PARKING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, THE GULFSTREAM EQUITY GROUP. AND THE DIOCESE OF PALM BEACH FOR PIZZAZZ CAFE The action requested of the City Commission is that of approval of an off-site parking agreement between the City of Delray Beach, The Gulfstream Equity Group, and The Diocese of Palm Beach for the Pizzazz Cafe. The subject property is known as the Eighth Street Market which is located east of N.E. 9th Avenue on the north side of George Bush Boulevard. At the beginning of this year, the City received a request to convert a retail space located within the Eighth Street Market to a bakery/cafe known as Celebres Bakery/Pizzazz Cafe. During review of the building permit, it was noted that 15 additional parking spaces would be required to establish the restaurant use. As the site is built-out, the additional parking spaces could not be accommodated on site. The applicant had submitted a site plan to construct a 17 space parking lot on the adjacent vacant lot (northwest corner of George Bush Boulevard and NW 9th Avenue), however withdrew that petition as it was cost prohibitive. City Commission Documentation Meeting of August 5, 1997 Off-Site Parking Agreement for the Pizzazz Cafe Page 2 Pursuant to LDR Section 4.6.9(E)(4), parking for a use may be provided off-site in non- residential zoning districts, provided that the properties are located within 300 of each other along an acceptable pedestrian route, that it does not diminish the ability of the off-site property to meet its own parking requirements, and approval is granted by the Site Plan Review and Appearance Board for the off-site parking. Off-site parking arrangements are then accommodated through the execution of an agreement which stipulates that the off-site parking area may not be sold or otherwise disposed of, except in conjunction with the building which it is intended to serve, so long as those parking facilities are needed. Such an agreement has been submitted between Pizzazz Cafe and the St. Vincent Ferrer Church which is located across the street. The agreement provides for the provision of 16 parking spaces along the frontage of the church's property. The off-site parking is located within 300' of the cafe; is adjacent to a pedestrian route i.e. a sidewalk which is located within George Bush Boulevard right-of-way adjacent to the church's property; and the church and restaurant will have different hours of operation. At its meeting of July 23, 1997, the Site Plan Review and Appearance Board approved the off-site parking based on positive findings with respect to the above requirements. Pursuant to LDR Section 4.6.9 (E)(5), the associated off-site parking agreement must be approved by the City Commission as the City is a party to the agreement. At its meeting of July 23, 1997, the Site Plan Review and Appearance Board approved the off-site parking arrangement pursuant to LDR Section 4.6.9(E)(4) on a 5-0 vote with the condition that a recorded copy of the off-site parking agreement be provided prior to issuance of an occupational license for Pizzazz Cafe. By motion, approve the off-site parking agreement between The City of Delray Beach, The Gulfstream Equity Group, and The Diocese of Palm Beach for the Pizzazz Cafe pursuant to positive findings with respect to LDR Section 4.6.9(E)(5) subject to the condition that a recorded copy of the off-site parking agreement be provided prior to issuance of an occupational license for Pizzazz Cafe. Attachments: *Off-Site Parking Agreement I:ITY OF DELRFIY BEIII:H CITY ATTORNEY'S OFFICE ~'"~ "~'¥ ~*~ ' ..... ,..,~ ,.:,,t.,,_ - Di'I.R..\Y BE:\C}I, FI.ORZDA 33444 FACSD, IILE · )7'278-4755 Writer's Direct Line: (561) 243-7090 DELRA¥ BEACH Ail. America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorney'~ SUBJECT: Off-Site Parking Agreement - Pizazz Caf6 The attached off-site parking agreement is to be entered into between the City, Gulfstream Equity Group, and the Diocese of Palm Beach. Due to the lack of parking, the City's ordinances require Gulfstream to provide parking off-site for the Pizazz Caf6. The sixteen (16) parking spaces will be across the street at St. Vincent Ferrer Catholic Church. In the event the church terminates the agreement, the restaurant owners will have sixty days to provide new parking. Failure to provide the parking will result in termination of the restaurant use. The agreement is before the City Commission for approval pursuant to Section 4.6.9(E)(4) and (5) of the City's LDR's. If you have any questions, please call. DNT:smk Attachment cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office Janet Meeks, Senior Planner cafe.dnt Prepared by Edward D. Lewis Return to Edward D. Lewis P.O. Box 431, Palm Beach, FL 33480 Will Call //71 LICENSE AGREEMENT Background: J. Keith Symons, as Bishop of the Diocese of Palm Beach, his successors in office and assigns forever, a corporation sole, c/o Real Estate Dept., P.O. Box 109650, Palm Beach Gardens, FL 33410-9650 ("Licensor") owns property described in Exhibit "A" attached hereto which is located in Delray Beach, Florida. Gulfstream Equity Group, a Limited Liability Company under the laws of the State of Florida 900 E. Atlantic Avenue, Suite 1, Delra¥ Beach, FL 33483 ("Licensee"), owns property in the same area of Delray Beach described in Exhibit "B" attached hereto. Licensee has requested Licensor to grant Licensee the use, during periods when Church services and affairs are not being held, of certain of the Licensor's parking spaces located on Exhibit "A". The City of Delray Beach, a Florida municipal corporation, (the City") is required to be a party to this Agreement under its Ordinances, NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES EXCHANGED, THE PARTIES AGREE AS FOLLOWS: 1. The LICENSOR does hereby grant to the LICENSEE the right to use, during periods when Church services and other Parish affairs are not being held, sixteen (16) parking spaces located as shown on Exhibit "C", attached hereto, on LICENSOR's property. 2. The LICENSEE will save and hold harmless LICENSOR, his agents and employees from and against any and all expenses, damages, claims, suits, actions, claims, judgments and cost whatsoever, including reasonable attorney's fees, arising out of, or in any way connected with actions or omissions of LICENSEE, its managers, officers, agents, employees, customers and patrons as a result of the activities contemplated herein. The LICENSEE will save and hold harmless the City, its agents and employees from and against any and all expenses, damages, claims, suits, actions, claims, judgments and cost whatsoever, including reasonable attorney's fees, arising out of, or in any way connected with actions or omissions of LICENSEE, its managers, officers, agents, employees, customers and patrons as a result of the activities contemplated herein. 3. The LICENSEE will be responsible for providing security for its patrons and customers, it being a provision hereof that LICENSOR is not undertaking the provision 0077331.01ELEWlS - 1 - of security for the parking lot when in use by LICENSEE, its officers, employees, customers, patrons or invitees. LICENSEE shall keep the parking spaces in a neat, clean, and sanitary condition, free from all garbage, trash, litter and debris and provide whatever maintenance is required thereon, including, but not limited to, asphalt repair or repaving, and painting lines thereon to clearly mark the parking spaces. 4. During the term of this License, LICENSEE will name LICENSOR as an Additional Insured under its comprehensive public liability policy. The policy will have limits of not less than 91,000,000/92,000,000 and shall not be cancelable without 30 days advance notice to LICENSOR. Renewals of insurance shall be made before the expiration of existing policies. Proof of insurance, in a form acceptable to LICENSOR's insurance consultant, shall be delivered to LICENSOR before LICENSEE attempts to make use of the spaces. 5. This License may be terminated by the LICENSOR at any time upon 30 days written notice to LICENSEE, immediately if the required insurance coverage is not provided, immediately should the City of Delray Beach notify LICENSOR that their parking spaces are insufficient to maintain the LICENSOR improvements as a conforming use, and immediately should the use of the parking spaces threaten or cause the area of the parking spaces or the parent tract to be placed on the tax rolls. 6. In the event this Agreement causes either the area of the parking spaces or the LICENSOR's parent tract to be placed on the tax rolls, the LICENSEE agrees to immediately pay the resulting taxes so imposed. 7. In any action brought to enforce the terms of this Agreement, the prevailing party shall be entitled to attorneys' fees and costs at all levels. 8. LICENSEE WAIVES ALL RIGHTS TO RECOVER FROM LICENSOR FOR ANY DAMAGES CAUSED BY NEGLIGENCE OF LICENSOR, ITS AGENTS OR EMPLOYEES. 9. LICENSOR agrees to give the City 30 days written notice at the time notice of cancellation of this Agreement is given to LICENSEE. 10. If this Agreement is recorded, the LICENSEE shall pay all the costs of recording. The parties hereto agree that this Agreement shall be cancelled of record if an Affidavit indicating that this Agreement is terminated is executed by the Bishop of the Diocese of Palm Beach, or by one of the priests of the said Diocese, indicating that the Agreement is terminated is filed of record. No document signed by the LICENSEE is required to be filed to cancel this Agreement of record. O077331.01ELEWIS - 2 - 07/31/97 THU 11:26 FAX 15515332251 ALLI~Y ~AA$S ~oo3 11. If this Agreement is terminated, it is agreed that no later than 60 days after termination, LICENSEE shall provide sixteen (16) parking spaces elsewhere in accordance with the regulations pertaining to parking which exist at the time of termination. Failure to provide the 1 6 parking spaces will result in termination of the LICENSEE'S use operating on the property described in EXHIBIT B. Dated this __ day of August, 1 997 Witnesses: GULFSTREAM EQUITY GROUP, a Limited Liability Company {Printed Name of Witness) By Manager, Dale N. Everett By {Printed Name of Witness) -Manager, John D. Gwynn As to LICENSEE J. KEITH SYMONS, as Bishop of the (Printed Name of Witness) Diocese of Palm Beach, his successors in office and assigns forever, a corporation sole (Printed Name of Witness) As to LICENSOR CITY OF DELRAY BEACH, FLORIDA BY: - ATTEST: CITY CLERK Approved as to form: City Attorney O077331.01ELEWI$ - 3 - 07/31/97 THU 10:21 [TX/RX N0 8457] EXHIBIT "B" THE EAST HALF OF LOTS 10 AND 11, LESS THE SOUTH 10 FEET THEREOF, AND LESS THE WEST 2.0 FEET THEREOF, BLOCK SOPHIA FREY SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 37 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. MEMORANDUM TO: David T. Harden, City Manager FROM: Douglas G. Randolph, Training and Development Manage~, THRU: Edward J. Gusty, Director of Human Resources DATE: July 28, 1997 SUBJECT: REQUEST CITY COMMISSION APPROVAL TO RENEW THE TRAINING AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH Our annual agreement needs to be renewed for the period July 1, 1997 through June 30, 1998. As you are aware, this agreement allows the City to continue to provide high quality educational training including computer software training to our employees at an extremely Iow cost. For the first time in two years, there has been a small increase in training fees. Computer software classes will increase from $35 to $40 for the 16 hours of training and the wellness classes will increase from $4 to $5 per class. Costs for the employee and supervisory development classes offered by the Industry Services Department will remain the same. While the Fire Academy is also covered under this agreement, ! will not be using them in the future for our CPR and First Aid classes. The Fire Academy has lost support funding from the State which will significantly increase the costs of their classes. As an example, the CPR/First Aid 8 hour class that was $13.50 will now be in the $50 range. These classes can be purchased elsewhere for less. ! am currently researching these sources including our own Fire Department's capabilities. David Tokes has reviewed the agreement and finds it sufficient as to legal sufficiency and form. Upon your approval, please place this item for Commission approval on the August 5, 1997 Commission meeting agenda. attachments: ~f~ oc,schoo, Agenda Item No.: ~'f AGENDA REQUEST Date: Jul~ 28, 1997 Request to be place~ on: xxx Regular Agenda (Consent) Special Agenda Workshop Agenda When: August 5, 1997 Description of item (who, what, where, how much): Request City Commission Beach County ~n~ the City of Delrav ,~each for the period July 1. 1997 thru June 30~ 1998. (Example: ..Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOL~TIONREQ~IRED: YES~ Draft Attached: YES/NO Recommendation: Approval (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: ~_~ / F)_,.i~. City Attorney Review/ Recommendation (if applicable): The City Attorney has rev.fewed and approved the A~reement. Budget Director Review (require~ on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: Vario~ department budgets City Manager Review: Approved for agenda: ~ NO /~ / ~ ~ou~ n~j~o Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved South Technical Education Center Palm Beach County Schools 1:300 SW :30th Avenue, Boynton Beach, Florida :3:342_6 (561) 369-701 3 Director Industry Services Coordinator James L. Ras¢o Debbi Ross July 14, 1997 City of Delray Beach Attn: Doug Randolph 100 NW 1 st Avenue Delray Beach, FL 33444 Dear Doug: The enclosed contract is the same document, with current dates, as the contract that the city signed for vocational training last school year. The matriculation fees, as we have previously discussed have changed effective 7/1/97, to $.70 per student hour for Job Prep ( now called - Certificate Vocational Training) and $1.00 per student hour for Supplemental ( now called - Career Education). Please have both copies of the enclosed contract signed and return BOTH to me as soon as possible. The contracts will then be signed and sealed by the district and a complete one returned to you at the city for your records. Call me if you have any questions. Thanks for all your support! Debbi Ross Coordinator AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY CITY OF DELI{AY BEACH FOR VOCATIONAL EDUCATION PROGRAMS This agreement is entered into between the Cfty of Delray Beach hereinafter referred to as the "AGENCY", and The School DistriCt of Palm Beach County ~hereinafter referred to as the "PROVIDER" which are the parties hereto. For and in consideration of the mutual covenants contained herein, the sufficiency of which the parties acknowledge, the parties to this agreement agree as follows: I. Sc0De of Services The PROVIDER will provide vocational education programs for students of the AGENCY. II. The PROVIDER Agrees to.: A. Provide a liaison for all vocational education activities between the PROVIDER and the AGENCY. B. Provide qualified and certified vocational instructors for each course. Addendum B is hereby incorporated as part of the agreement. 1. Whenever possible provide a qualified substitute instructor in the case of absence of the regularly assigned vocational instructor. 2. Require instructors to assume instructional responsibility for students in their classes. C. Share the achievement records of the assigned students in the courses with the AGENCY. D, Provide and prepare an instructional schedule for teachers and students which will conform to the needs of both the PROVIDER and the AGENCY. E. Not discriminate against any students or employees because of race, color, religion, sex, national origin, marital status, age, ancestry, sexual orientation, or disability. F. Submit any vocational education reports as required by the Florida Department of Education. III. The AGENCY Agrees to: A. Provide a liaison to coordinate and supervise vocational education activities between the PROVIDER and the AGENCY. B. Provide the minimum number of eligible students, with input from the PROVIDER, to achieve and maintain the required membership for each course. C. Review the continued eligibility of selected students for participation in the vocational education programs with input from the PROVIDER. D. Provide agency orientation for the PROVIDER'S vocational instructional staff. E. Provide proper and adequate facilities and standard utilities including water,.lights, phones, heating, and air conditioning for all classes. F. Provide needed A/V equipment, copier services, student materi~ls, consumables, laboratory materials, and textbooks as requested by the PROVIDER. G. Provide janitorial and maintenance services for all AGENCY based classroom and shop/lab facilities. Provide staff and support services for timely, appropriate and adequate screening, counseling, and follow-up services to students. I. When applicable, provide and maintain clerical support for the full-time vocational education program staff. J. Provide any vocational education reports needed by the PROVIDER and as required by law. K. All asbestos and lead w~rk must be completed in accordance with the findings and recommendations of the School District's · Environmental Audit and with all applicable federal, state and local regulations. In addition, the School District must be notified prior to the start of any such work and reserves the right .to retest the areas in question to confirm proper environmental cleaning procedures were used. IV. Both Parties A~ree Tha~: .. A. Responsibility for day-to-day coordination and supervision of the vocational education program shall be vested in the AGENCY'S liaison of education. B. The AGENCY'S liaison of education may participate with the PROVIDER in recommending instructional personnel. C. Through their designated representatives, both parties shall collaborate in the development of policies and operational procedures for the efficient management and operation of the vocational education programs, in accordance with the PROVIDER contract~ for PROVIDER personnel. D. The performance of obligations hereunder shall be in accordance with all applicable laws, rules, and regulations now or hereinafter in effect. E. This agreement will be governed and construed in accordance with the laws of the State of Florida. F. No amendment to this agreement shall be valid or enforceable unless submitted in writing and executed by duly authorized representatives of both parties executing and entering into this agreement. G. If either party terminates for convenience herein, they shall not be liable for breach of contract, loss profits, or other such damages consequential or inconsequential. --~-- H. Both PROVIDER and AGENCY are subdivisions of the State. Notwithstanding anything to the contrary contained herein, the total liability of PROVIDER and AGENCY under this agreement for negligent acts or omissions of PROVIDER or AGENCY, their agents and employees shall be subject to the limitations and procedures set forth in Section 768.28, Florida Statutes. DouKh Bmndolph/Frank Ryncarz (Fire) is designated AGENCY liaison'of education and is responsible for enforcing performance of this agreement's terms and conditions and shall serve as a liaison with the specialist of the PROVIDER, and shall approve all invoices prior to payment. The AGENCY liaison of education will also be required to meet with the PROVIDER at least once during the agreement period to review the services rendered. This agreement shall be effective July 1, 1997 , and shall remain in effect through June ~0, 1998 Should one party fail to conform to all material conditions provided herein, the other party may, at its option, cancel this agreement upon 30 days written notice. Dated this. day of , 19 QITYOF D~LRAY BEACH Agency ; The School District of Palm Beach County, Florida B~ By Agency Administrator Paulette Burdick, Chairman (SEAL) Attes% Attes~ Joan P. Kowal Superintendent Reviewed and Approved B~: Attorney -3- Addendum B ~CHOOL DISTRICT SUPPLIED INSTRUCTION pART-TIME PROGRAMS AGENCIES requiring a School District instructor to provide classroom training will agree to: 1. Provide matriculation fees to the PROVIDER as set by the Florida Legislature. CITY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816 DELRAY BEACH POLICE LEGAL ADVISOR Ali,America City TO' David Harden, City Manager 1993 FROM: Eric D. Hightower, Police Legal Advisor DATE: July 11, 1997 SUBJECT: Carver Estates Traffic Agreement Attached for your review and Commission approval are two copies of the above- referenced agreement regarding traffic enforcement within Carver Estates. The Department feels allowing enforcement of state and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. The Housing Authority will pay $1.00 a month to cover costs of enforcement and will add the City as an additional insured on a liability insurance policy for $100,000.00. This insurance plus Paragraph Four (4) of the agreement which states our immunities per F.$. 768.28 minimizes any potential liability the City may face in enforcing this agreement. If this agreement meets your approval, please place this agreement on the Consent Agenda at your earliest convenience. When both copies have been executed, please forward the copies to me so that I may send them to the Housing Authority for their signature. Please feel free to contact me if I can be of further assistance in this matter. Chief Richard Overman ~[q Attachments Ha~eng. d~d~mem~c~mang Printecl on Recycled Paper DELRAY BEACH HOUSING AUTHORITY TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in Carver Estates as effective as possible; and WHEREAS, the DELRAY BEACH HOUSING AUTHORITY (hereinafter referred to as "AUTHORITY") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the AUTHORITY feel that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, the AUTHORITY agrees to provide liability insurance to cover the City in the amount of $100,000.00 and provide a certificate of insurance naming the CITY as an additional insured; and WHEREAS, Section 316.006(2),(b),(1),(2), Fla. Stat. allows for such enforcement on private roads pursuant to a written agreement approved by the CITY Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and other terms as are mutaally agreeable to by the parties. Now, therefore, in return for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the AUTHORITY. 2. The enforcement of the traffic laws will occur 24 hours a day, 7 days a week. 3. In consideration of the CITY enforcing all state and municipal traffic laws on the AUTHORITY'S roads, the AUTHORITY shall hereby pay to the CITY $1.00 per month for the terms of this agreement. 4. The parties agree nothing herein shall be deemed a waiYer of the privileges and immunities granted to the CITY under Section 768.28, Fla. ~tat. 5. The AUTHORITY shall provide general comprehensive liability insurance in the amount of $100,000.C0, and the AUTHOIq'.ITY shall provide the CITY with a certificate of insurance evidencing proof of such insurance, and naming the CITY as an additional insured under the policy, to cover all actions taken by the CITY and AUTHORITY with respect to this Agreement. 6. This agreement shall not take effect until approval by the Delray Beach City Commission and the Delray Beach Housing Authority and execution by the City Mayor and Clerk. This Agreement shall continue in full force and effect for one (1) year from the date set forth below. The terms of the agreement may be extended by mutual agreement of the parties. Under no circumstances may this agreement be renewed, amended, or extended except in writing provided to the other party. 7. Either party may cancel their participation in this agreement upon providing 30 days written notice to the other ps~rty. Cancellation will be at the direction of the subs=ribing party. 8. The AUTHORITY'S representative, by signing below, affirms t!'~at he has read this agreement and understands this agreement, and that they have been given the opportunity to have the attorney of thei' choice review this agreement. This agreement made and entered into on this day of ,1997. City of Del~.,~eac~~ y~//er~Jay .~n T~omas Carney Jr, Chairman Delray Beac, h Housing Authority ATTEST: ~1_ City Clerk Approved as to form and legal sufficiency Ce~ doc/~kx~/ag~eeme~ L.A.O. ~/97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ '? SUBJECT: AGENDA ITEM # ~'G. - MEETING OF AUGUST 5, 1997 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS RELATED TO FY 1998 BUDGET DATE: AUGUST 1, 1997 This is before the Commission to ratify various expenditures approved by the SCRWTD Board at its meeting of July 17, 1997. By a vote of 8-0 the Board approved the following. · Authorization to establish user rate of $0.6955/1000 gallons to cities for FY 1997/98. · Authorization for acceptance of 1997/98 O&M Budget, Capital Projects, and Repair and Replacement expenditures. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 1997, by a vote of 8-0, approve AUTHORIZATION TO ESTABLISH USER RATE TO CITIES FOR FISCAL YEAR 1997/98 AS FOLLOWS: 1997/98 OPERA TIONS & MAINTENANCE $0.5805/1,000 GAL OCEAN OUTFALL ~0. 0030/1, 000 GAL SINKING FUND $0. 1120/1,000 GAL TO TAL ~0. 6955/1, 000 GAL WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 1997, by a vote of 8-0, approve AUTHORIZA TION FOR ACCEPTANCE OF 1997/98 0 & M BUDGET, CAPITAL PROJECTS, AND REPAIR AND REPLACEMENT EXPENDITURES. (Budget Enclosed) WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney I'~.~GI£ 01 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARI} ANNUAL BUDGETS: ACTUAL, BUDGETED, PROJECTED DF_qC R! PTION 1990-91 1994-95 1995-96 1996-97 1996-97 1997-98 ACT[ 'Al. ACT11AL ACTI JAI. B! ~I)C. F_T PRCI.II~CTF I) BI !FIC~ FT SUMMARY TOTALS PERSONNEL SERVICES $1,176,339 Sl,078,816 $1,058,230 $1,123,250 $1,089,500 $1,148,000 OPERATING EXPENSES: 1,775,732 1,632,906 1,721,973 1,744,000 ! ,680,000 1,812,400 SERVICES 742,680 556,757 652,92 i 667,500 62 ! ,500 668.000 OPEP~TIONS/MAINTEN ANCE 755.934 718,439 712,186 703,500 684,500 734,400 CI[EMICALS/S UPPLIES 277. I 18 357,710 356,866 373,000 374,000 410,000 TOTAL PERSONNEL AND OPERATING EXPENSES 2,952,071 2,711,722 2,780,203 2,867,250 2,769,500 2,960,400 OPERATING CONTINGENCY 0 8,055 0 50,000 0 50,000 ENGINEERING 132.867 22,664 11,873 40,000 20,000 40,000 TOTAL BUDGET $3,084,938 $2,742,441 $2,792,076 $2,957,250 $2,789.500 $3,050,400 as of 07/07/97 P~GE o2 SOUTH CENTRAL REGIONAL WA.gTE. WATER TREATMENT AND DISPOSAL BOARD ACCOUNT NO. BI,'gCRIPTIONI 1990-91 1994-95 1995-96 1996-97 1996-97 1997-95 " A("TI!Al. Al'TI!Al. ACTI1AI. BI.ri)GET PRO.P,~CTF 1~ BI!DC, ET ]2]2 REGULAR WAGES $840,485 $748,140 $759,]81 $799,000 $780,000 S828,000 12121 SICK LEAVE REDUCTIONS ~ ~ 9,920 ],917 699 3,000 5,000 5,000 12122 PAYROLL CONTINGENCY 338 982 211 ] ,000 1,000 1.000 1214 OVERTIME 38,628 56,360 54,794 43,000 43,000 43.000 1215] EMPLOYEE ASSIST. PROG. 691 593 593 750 600 750 12152 PLANT PERFORMANCE 35,979 0 ]0,]45 10,000 ] 0,000 l 0,000 1221 SOCIAL SECURITY .. i 7] .! 54 64,037 62,038 64,000 62,000 68.000 1223 HEALTH INSURANCE 70,-189 59,138 50,796 62,000 55,000 56.000 ]2231 DENTAL INSURANCE 6,498 6,767 7,322 · 8,500 7,500 7.000 ]2232 DISABILITY INSURANCE 8,325 5,763 5,302 6,500 6,500 6.500 12233 LIFE INSURANCE 2,060 870 834 1,000 900 1 1224 WORKERS' COMPENSATION 29,929 48,]26 22,363 41,500 33,000 33,750 1225 UNEMPLOYMENT 885 8,87] 2,207 3,000 ],000 1,000 1236 PENSION 60,958 77,252 8] ,745 80,000 84,000 87,000 TOTAL PERSONNEL SERVICES $ ],] 76,339 $] ,078,8!6 $] ,058,230 $],]23,250 $] ,089.500 $1,148,000 PAGE 03 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND I)ISPOSAL BOARD RERVII"E5 ACCOUNT 1991g91 1994-95 1995-96 1996-97 1996-97 1997-98 ~ I)I,?~{TRIPTION AC'T! ~AI. ACTI IA !. Ag'TI IAI. BI ~DG F_T pROJl,~17 TF D B! 71)GFT 3100 MEDICAL SERVIC 'F_3 $81 $1,668 $2,255 $3,000 $2,000 $3,000 3110 LEGAL (GENERAL & ADMIN) : 30,452 37.413 13,617 22,000 10,000 17.000 3112 LEGAL (TOXICITY) 39,986 0 0 5,000 0 5,000 i' 3120 SERVICES (G & A) 19,564 42,084 28,178 15,000 11,000 15.000 3200 AUDITING 16,497 15,950 18,790 20,000 19,(XX) 20.000 3400 PRETREATMENT 8,328 7,869 I 1,610 20,000 10,000 · 15,000 3402 TOXICITY TESTING 14,375 26,844 27,047 30,000 26,000 25.000 3404 CtlEMICAL ANALYSIS 2,145 4,081 4,828 5,000 5,500 6,000 3406 METER CALIBRATION 7,028 5,333 6,812 9,000 11,000 I 1,000 3410 SLUDGE ItAULING 564,572 325,673 469,713 425,000 420,000 425.000 3411 GRIT HAULING 20,897 29,882 25,645 51,500 56,000 64.000 3412 TRASII HAULING !,068 1.191 1,033 2,000 1,000 2,000 3500 SERVICES (O & M) 17,687 58,769 43,393 60,000 50,000 60,000 TOTAL SER~,rlCES $~742,680 $556,757 S652,921 $667,500 $621,500 $668,000 PAGE 04 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OpER ATIONR/M AINTI~NANCP. ACCOUNT 1990-91 1994-95 1995-96 1996-97 1996-97 1997-98 NO. DERg"RI PTION ACTUAl. ACT! 1Al. ACT! IAI. BI ~DC. FT I~R O.I1Zf'TF D B! ~I)GFT 4000 VEHICLE EXPENSE $6,996 0 $5,520 6,000 $7,000 $8,000 4020 BOARD CONTINGENCY ~ 4 5,970 !, 192 1,844 3,000 1,500 3.000 4100 TELEPItONE 9,158 11,306 13,488 12,000 14,000 12.000 4102 POSTAGE - - - 3,000 3.000 3,000 4300 ELECTPd CITY 456,390 469,034 476,235 450,000 450,000 450,000 4302 WATER 8,930 17,840 14,320 14,000 15,000 14,000 4400 EQUIPMENT RENTAL ., i 520 10,619 661 3,000 2,000 3,000 4500 INSURANCE 81,089 98,545 97,436 103,500 97.000 110,000 4600 M & R EQUIPMENT 127,747 47,673 48,539 44,000 37,000 44,000 4620 M & R VElllCLES 5,130 5,980 0 8,000 4,000 9,000 4630 M & R GROUNDS 2,959 0 3,000 2,000 2,000 2,000 4640 M & R BUILDINGS 13,083 5,606 6,231 5,000 5.000 5,000 4650 M & R UNSPECIFIED 19,623 23,156 25,585 20,000 20,000 20,000 4900 ADVERTISING 1,115 !,079 401 1,000 1,000 1,000 4902 LICENSE & PERMITS 2,609 15,211 11,934 13,000 14,000 14,000 5400 MEMBERSHIP DUES & SUBSCRIP 2,123 2,513 1,874 3,000 2,000 3,000 - 5410 TECHNICAL TRAINING 8,706 8,223 2,883 10,000 7,000 10,000 5420 EDUCATIONAL EXPENSES 3,786 462 2,235 3,000 3,000 5,000 6400 CAPITAL ASSETS 0 0 0 0 0 18,400 TOTAL OPERATIONS&t AINT. $755,934 $718,439 $712,186 $703,500 $684,500 $734,400 PAGE 05 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACCOUNT 1990-91 1994-95 1995-96 1996-97 1996-97 199'/-98 NO` DI~_{;f'RIPTION AC'TI 'Al. ACT! 5100 OFFICE SUPPLIES ~S7,218 $8,718 $7,108 $5,000 S$,500 $6,000 5201 SAFETY SUPPLIES 14,442 5,059 4,997 5,000 5,000 5,000 5202 GENERAL OPERATING 16,337 14,046 15,717 i 6,000 17,000 20,000 5203 JANITORIAL SUPPLIES 4,890 1,561 1,981 2,000 2,000 2,000 5204 LABORATORY SUPPLIES 16.839 29,529 28,120 30,000 27,000 35,000 5210 CHEMICALS 191.474 270,698 274,617 285,000 292,000 307,000 5220 OIL, FUEL, LUBRICANTS 6,727 13,862 6,156 10,000 I 1,000 15,000 5230 CONSTEUCTION MATERIALS 2,749 1,672 2,425 3,000 2,000 3,000 5240 UNIFORMS 4.488 5,486 6,015 7,000 6,000 7,000 5250 SMALL TOOLS < S500 '7.347 2,477 4,364 5,000 3,000 5,000 5251 OFFICE EQUIPMENT < S500 2,488 652 2,782 4,000 2,500 4,000 5252 LAB EQUIPMENT < $500 2,122 3,950 2,584 1,000 1,000 1,000 TOTAL CHEMICALS/SUPPLIES S277.118 $357,710 $356,866 $373.000 $374,000 $410,000 SERVICES $742,680 $556,757 $652,{.r2 ! $667,500 $621,500 $668,000. OPERATIONS/M AINTENAN CE 755,934 718,439 712,186 703,500 684,500 734,400 CHEMICALS & SUPPLIES 277,118 357,710 356,866 373,000 374,000 410,000 TOTAL OPERATING EXPENSES $1,775,732 $1,632,906 $1,721,973 $1,744,000 $1,680,000 $I ,812,400 PAGE 06 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPF..R ATIN~ CONTIN~I~NCY ACC OUNT 1990-91 1994-95 1995-96 1996.97 1996-97 1997-95 ~(}. D~gCRIPTION : ACTI'~], ACTIIAI. ACTIJAI. BUDGFT PRO.fI~CTI~Ir) RIII)~FT 4990 OPERATING CONTI]qGENCY $0 58,055 $0 $50,000 50 $50,000 TOTAL OPERATING 50 58,055 $0 $50,000 50 $50,000 CONTINGENCY ................................................... P~G £ 07 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACCOUNT 1990-91 1994-95 1995-96 1996-97 1996-97 1997-98 _NO, IIF. qCRTPTIO~ ~ ~ ACTI~AI. BUI)C,F~T PRO.II~_CTI;' fi BI~I)C,F_T GENERAL $106,314 $22,645 $9,202 $30,000 $20,000 $30,000 3160 BIOTOXICITY -' 17.249 0 0 5,000 0 5000 3162 PRETREATMENT 9,304 19 2,671 5,000 0 5000 TOTAL ENGINEERING $132,867 $22,664 $ I 1,873 I;40,000 $20,000 $40,000 SOUTIt CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1997-98 ACC..T~L ~ IIESCR ll'TION BUD_GET 1212 REGULAR WAGES Base wages - 23 Employees $828,000 4 Administrative 4 Lab & pretreatment 10 Operators 5 Maintenance · Includes 4% merit pay increase 12121 SICK PAY REDUCTIONS Employees have the annual option to 5,000 tt~ cash out (at 50% payment) all sick days in excess of fifteen (15) accrued in sick day bank. (4 employees over limit of 66 days ) 12122 PAYROLL CONTINGENCY Employee annual appreciation dinner 1,000 and luncheons (i.e.: retirements, recognitiom, and safety awarcls). 1214 OVERTIME .. 3 Shift coverage as required for plant operations. Employees working over 40 hours per week (excluding sick hours) are paid at time and a half. 12141 Hurricane Watch 3,000 12142 Maintenance 5,000 12143 Shift 1 Coverage 6,000 12144 Shift 2 Coverage 4,000 12145 Shift 3 Coverage 4,000 12146 Training 2,000 12148 Holiday Coverage 15,000 12149 Lab/Pretreatment 2,000 12150 Special Projects 2,000 ............. 43,000 12151 EMPLOYEE ASSISTANCE Board cost: $2.25 per employee per 750 PROGRAM month. Provides family counseling and referral services to employees and their families. 12152 PLANT PERFORMANCE Award given to those employees whose performance 10,000 has contributed to overall efficiency of Plant as recommended by Executive Director and approved by the Board.. 1221 SOCIAL SECURITY/ Employer's estimated cost: 7.65 % 68,000 MEDICARE currently -- Social Security - 6.2%; Medicare- 1.45%. 1223 BLUE CROSS/BLUE SHIELD Board cost per employee is estimated @ 56,000 HEALTH INSURANCE $200.00 monthly. (Dependent coverage not provided by Board). 12231 DENTAL INSURANCE Board cost per employee: $25.00 monthly 7,000 (Dependent coverage not provided by Board).. AS OF 07/07/97 I_'ERSONNEI. tcont.) 1997-98 ACCT. NO. ACCOUNT TITI.E DE.qCRII'TION ~ 122:32 DISABILITY INSURANCE Long tcrm disability imurance provided 6.500 by the Board at approximately 1% of 40 hour base pay per employee. Cost: $0.95/$100.00 compensation. 12233 LIFE INSURANCE Board provides $I0,000 life insurance. 1,000 $.82 per $1,000. 1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 33,750 " base pay. 1225 UNEMPLOYMENT Paid on a reimbursable basis according 1,000 ~ ~ to claims received. 19.236 PENSION Defined Board contribution based on 40 87,000 hours base pay for participants plus administrative fees ............... TOTAL PERSONNEL $1,148,000 ' OI'ER~TING EXI'ENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPI'LIES A~ A~ DY. SCR1P_TIO~ BUDGET 3100 MEDICAL SERVICES Employee physicals, drug screens, tetanus and $3,000 Hepatitis A vaccine. 3110 LEGAL (ADMIN & LABOR) Attorney fees: : 31101 Admin- Federspiel $13,000 31103 Pension- August & Comiter 2,000 31104 Lewis, Longman & Walker 2,000 17,000 3112 LEGAL (TOXICITY) Continuing Operational Permit Legislation 31121 Federspiel 1,000 31125 Lewis, Longman & Walker 4,000 5,000 3120 SERVICES: 31201 Aecouming & Bookkeeping 4,000 General & Administrative, 31202 Computer Consultant 2,000 Professional, & Maintenance 31203 Lobbyist 5,000 ,,~ 31206 Copier Maim. Contract 2,000 31208 Others 2,000 .............. 15,000 3200 AUDIT FEES 32001 Annual Audit 20.000 3400 PRETREATMENT PROGRAM Monitoring of program; required quarterly 15,000 effluent; influent and sludge priority pollutant se. aris, sample permitted facilities, newspaper publications. 3402 TOXICITY TESTING EPA/DER: Discharge permit wiil require 25,000 acute toxicity testing ($15,000) and chronic toxicity testing (S10,000) 3404 SLUDGE, L1QU1D, CHEMICAL (1) fecal, copper, and cyanide - monthly; (6) 6,000 ANALYSIS TESTING heavy metals. (2) grease samples and 1 distil]ed water yearly 3406 METER CALIBRATION Calibration of transmitters, totalizers, 11,000 FLORIDA SERVlCE recorders, and flowmeter pump as required. 3410 SLUDGE HAULING $24.06/1,000 gallons hauled. Est. 8 to 9 loads per 425,000 day average; haul based on short distance. 3411 GRiT HAULING 125 trips @ $515.00 per trip. 64,000 rOIq:~RA~'ING I':XIq:.NSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES (cont.) A~. A~ DESCRIPTION BUDGET 3412 TRASH AND HAULING Tipping fee for trash hauling. 2,000 3500 SERVICES: ' 35001 Centrifuge 15,000 Operations, MaintenanCe, &' 35002 Air Scrubbers 2,000 Professional 35003 Generators 5,000 35004 Lawn Maintenance 30,000 ~ ~ 35005 Admin. Building Cleaning 5,000 35006 Lab Equipment Calibration 1,000 35008 Other 1,000 35009 Contract Labor 1.000 TOTAL SERVICES $668,000 OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES OPERATION.q/MAINTENANCE 1997-98 ~ ACC..T_._T.I_T. LE D_ESCRIPTION BUDGET 4000 VEHICLE EXPENSE Lease vehicle; Mileage reimbursement @ S0.20/mile; Fuel for 2 pickup trucks and I leased automobile. 40001 Leased Vehicle $4,000 : 40002 Mileage Reimbursement 1,000 · 40003 Fuel for Vehicles 3,000 $8,000 4020 BOARD CONTINGEI~Y Public relations, good will tours, floral arrangements or fruit baskets, cards for illnesses or funerals, and miscellaneous business expenses: 40201 Board Expense: Appreciation 1,000 40202 Board Expense: Meals and Entertainment 1,000 40204 Board Expense: Travel, Lodging 1,000 ............. 3,000 4100 TELEPHONE EXPENSE Monthly base fees and long-distance usage 12,000 including Fax machine and I cellular phone. 4]02 POSTAGE U.S. Mail, Fedex, etc. 3,000 4300 ELECTRICITY $0.045 per KWH including surcharge for 450,000 peak usage. 4302 WATER CONSUMPTION Budgeted for !,000,000 gallons monthly 14,000 @ $1.45 per 1,000 gallons (estimate). 4400 EQUIPMENT RENTAL Cranes, various equipment, and instru- 3,000 ments as required in maintemnce and operations. 4500 INSURANCE EXPENSE 45001 Property Liability Package 59,500 45002 Vehicle Insurance 6,500 45003 Public Officials and Employees 6,500 Liability 45004 Fidelity and Public Officials Bond 1,000 45005 Pollution Liability 30,000 45006 Boiler & Machinery 6,500 110,000 4600 M & R EQUIPMENT Annual repair items for pumps and plant equipment: 46001 lnfluent Building 5,000 46002 Aerators 1,000 46003 Blower Building 4,000 46004 Scrubbers 4,000 46005 Clarifier 1,000 46006 Return Building 3,000 46007 Chemical Building 7,000 46008 Chlorination 3,000 46009 EQ Building 1,000 46010 Effluent Building 4,000 46011 Shop Building 1,000 46012 Office Building 2,000 46013 Deehlorination 2,000 46014 Miscellaneous 5,000 46015 Operators Office 1,000 OI'ERATIONS/MAINTENANCE fconL'} 1997-98 ACCT.-NO. A C C_T..._TIT. LE DESCRIPTIO~q BUDGET 4620 M & R VEHICLES Annual repairs for vehicles: 46201 Trucks and Tractor 3,000 46202 Leased Auto 500 46203 Service Carts 2,000 46204 Boom Truck 3,000 46205 Other 500 ............. 9,000 4630 M & R GROUNDS Landscaping, sprinkler systems, retention 2,000 : ponds, piping, fertilizer, etc. 4640 M & R BUILDINGS Painting, Repair or replacement of doors, 5,000 screens, locks, windows, ceiling tiles, ~" electrical, plumbing, and lighting. 4650 M & R UNSPECIFIED Funds for emergency or unidentified 20,000 equipment deficiencies that require upgrade or improvement in operation. 4900 ADVERTISING Advertisement and legal ad allowance 1,000 related to plant operation or bids and public no, ices. 4902 LICENSES AND PERMITS 14.000 STATE Lab Certification 400 Operating Permit 7,500 Storage Tank 100 8,000 PALM BEACH COIJN.T_Y Operators' Licenses 3,150 Air Pollution Licenses 100 Wellfield Permit 350 Storm Water 1,150 Tags on Trucks 100 4,850 CITY & .RPECIAI. DISTRICT Solid Waste Assessment 300 Special District Fee 175 Other 675 1,150 5400 MEMBERSHIP DUES AND Dues - Professional organizations (FWPCOA, 3,000 SUBSCRIPTIONS WPCF, AMSA). Professional Registration Journals, Newspapers, Personnel, and Human Resources subscriptions and Dues. Operational subscriptions and Dues; Safety Council. . OIq:_RA, TIONS/MAINTENANCE {cont3 1997-98 · ACC.T._NO. ACCT. TITLE. DESCRIPTION BUDGET 5410 TECHNICAL TRAINING Operators' Short Schools, Regional schools. Lab Technical, and Quality Assurance Short Schools; Personnel Seminars; Computer Classes; WPCF Convention; Technical Schools; Annual Conference. 54101 Conferences 4,000 54102 Meals 1,000 54103 Travel & Lodging 5,000 10,000 5420 EDUCATIONAL EXPENSES Classes, books, and fees. 5,000 6400 CAPITAL ASSETS Purchase of needed Assets Required for ~ Continuous Operation and not amoritized in Sinking Fund. 64001 Replace Two Golf Carts 7,000 64002 Replace Computer & Printer in Acct. Dept. 3,000 64003 Composite Sampler 5,400 64004 Replace Computer in Lab 3,000 18,400 TOTAL OPERATIONS/MAINT. $734,400 OI'ERATING EXI~NSE$:_SERYlCE~_MAINTILNANCE; CHEMICALS & SUPPLLE$ CH£M ICALS AND ~lJlqqJF.~ 1997-98 A~O- Ac~C-.OJ~hLT-IITI,E DESCR ll'TION BUDGEI 5100 OFFICE SUPPLIES Annual projection: Copier paper, 6,000 stationery, business cards, check printing, general office supplies, & necessities. 5201 SAFETY SUPPLIES ., Gloves, protective glasses, face shields. 5,000 heating protection, overboots, ear-plugs, muffs, emergency eye wash station, t1 ~ emergency showers, cartridge respirators, gas cartridge, sterile storage bags for reap- irators, disinfection systems for respirators, fit test ampoules, respirator storage cabinets, disposal respirators, chemical spill absorb- ems, oil sorbent, liquid chemical neutralizers, barricade tape, hazardous materials response kit. salvage drum, diffusion deteotor tubes, signs, labels, tags, fa'st aid supplies, fire ,, ! extinguishers and accessories, hazardous area lights, emergency small tools, safety charts, book.s, 5202 GENERAL OPERATING Operating supplies, raingear, hard-hats, 20,000 SUPPLIES boots, drager tubes, gloves, hoses, firehoses, chart pens, charts, sludge jugs, flags, coffee supplies, water cooler supplies, batteries, hurricane supplies, and other miscellaneous supplies. 5203 JANITORIAL SUPPLIES Mops, brooms, paper goods, brushes, all 2,000 necessary janitorial cleaning supplies. 5204 LABORATORY SUPPLIES Laboratory upgrades and replacements. 35,000 Reagents. glassware, replacement of equip- ment, apparatus. Lab supplies consumed by testing procedures including Chlorine Testing. 5210 CHEMICALS 52101 Polymer: 50,000 lbs @ $1.65/1b. $95,000 52102 Lime: Calculated 650 tons ~ $96.00 53,000 per ton. 52103 Chlorine: 250 tons @ $400.00/ton. 90,000 52104 Biosulfite: 8 shipments @ $4,500. 36,000 52105 Misc. Chemicals 3,000 52106 Caustic 25,000 gal ~$1.34 per gal 30,000 307,000 CHEMICALS AND SUPPLIES {cont 1997-98 ~ ACCOUNT TITLE 5220 OIL. GREASE, DIESEL, AND 10,000 gallons Diesel fuel for generator, gas, 15,000 LUBRICANTS grease, oil. and lubricants for pumps and mowers. 5230 CONSTRUCTION MATERIAL Walkways, signs, fencing, rails, platforms, 3,000 small shelters, concrete, etc. Additional office and storage units. 5240 UNqFORMS Board participates 50~ in uniform rental. 7,000 Board cost: $3.75/week. Cost to purchase 7 ~, pants and 7 shirts provided on a one-time basis cost of $225.00 per employee. (Provides 3 new sets each year: $100.00). Annual work shoe allowance: $75.00 per employee per year. Annual prescription Safety Glasses: $75.00. 5250 SMALL TOOLS AND EQU1P- Han&ools, drills, bits, files, small toolboxes, 5.000 MENT PURCHASE elecxrical equipment, and small maintenance tools < $500.00 value. 5251 OFFICE EQUIPMENT Filing cabinets, chairs, calculators, adding 4,000 machines, office mats, shelves, printers, tables < $500.00 value. 5252 LAB EQUIPMENT Magnetic stirrers, automatic titration attach- 1,000 ment, oxygen probe, and small equipment < $500.00 value .............. TOTAL CHEMICALS AND SUPPLIES $410,000 OPERATING CONTINGENCY b, CCT. NO. ~ ~ LO~L] ~ ~T~.TJ.~ DESCRIPTION ~ 4990 OPERATING CONTINGENCY To be utilized as a supplement for any line $50,000 items which are exceeded during the budget year. Status of this Fund to be reported to Board. . £NC, INEERING 1~9'/-9~ ~CCT. NO. ~ Dt-:.qC R II'TION ~ 3150 GENERAL 31501 Permit Assistance $15,000 31502 Process Control 15,000 $30,000 3160 BIOTOXICITY 5,000 5,000 3162 PRETREATM ENT 5,000 5,000 TOTAL ENG INEERI~IG $40,000 CAPITAL P RO_'I ECT$ ! 997/1998 NORTHWEST REUSE PROJECT $2,000,000 AMOUNT APPROPRIATED 1994/95 BUDGET 1,000,000 1996/97 BUDGET .. 5,550,000 SFWMD GRANT 300,000 CONTRACT HAS NOT BEEN SIGNED MONIES AVAILABLE ~' 6,850,000 CONTRACT A~,VARDED ENGINEERING BROWN & CALDWELL - PRELIMINARY DESIGN 279,000 279,000 0 BROWN & CALDWELL,~ DESIGN & INSPECTION 950,000 729,854 220,146 TOTAL 1,229,000 1,008,854 220, ! 46 CONTRACT AWARDED CON~71'RUCTION SEM SCO 99,032 99,032 0 CENTERLINE 95,067 95,067 0 RIC MAN 2,418,310 34,791 2,383,519 J. J. KIP. LIN 4,440,000 129,211 4,310,789 TOTAL 7,052,409 358,101 6,694,308 LEGAL, EASEMENTS, PERMITS, TESTING, EST. CHANGE ORDERS 600,000 184,000 416,000 GRAND TOTAL 8,881,409 1,550,955 7,330,454 APPROPRIATED 6,850,000 SPENT 1,550,955 AMOUNT AVAILABLE 5,299,045 AMOUNT NEEDED -- 7,330,454 - 5,299,045 = 2,031,409 - APPROX. 2,000,000 SINKING FUNI 1997/1998 Replace Filters for Hoffman Blowers - Blower Building $6,000 Replace Cutoff Saw - Maintenance Building 4,000 Replace two (2) Caustic Pumps H2S Scrubber 7,000 Replace Motor & Shaft H2S Scrubber 5,000 Replace Various Components Plant Flow Meters 7,000 Replace Chemical Pumps B Scrubber 3,000 Electric Lighting Replacement throughout Plant 5,000 Replace Polymer Blend System 20,000 Replace Overhead Door 1st Floor & Hoist over 2nd Floor Screening Bldg. 10,000 Replace Polymer Tanks 20,000 Replace Scrubber H arch Covers 3,000 Modify Existing Sludge Disposal System 1,150,000 TOTAL $1,240,000 as of 07/07/97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~I SUBJECT: AGENDA ITEM #-- "~"~' - MEETING OF AUGUST 5, 1997 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS DATE: AUGUST 1, 1997 This is before the Commission to ratify various expenditures approved by the SCRWTD Board at its meeting of July 17, 1997. By a vote of 8-0 the Board approved the following. · Authorization for modification of Quail Ridge Reuse Agreement to include Home Owner Associations. · Authorization to enter into a three-year lease agreement with Dan Burns Oldsmobile, Inc. at a rate of $297.85 per month for the Executive Director's vehicle. · Authorization to increase J.J. Kirlan's contract for the Northwest Reuse Project from $4,440,000 to $4,469,795 to cover $29,795 of change orders (Capital Projects). · Authorization to increase Ric-Man's contract for the Northwest Reuse Project from $2,418,310 to $2,477,738.09 to cover $59,428.09 of change orders (Capital Projects). · Authorization to enter into a License Agreement with Florida East Coast Railway for utility crossing of railroad right- of-way. · Authorization to enter into an agreement with South Florida Water Management District to pay South Central Regional Wastewater $300,000 for the reuse water project. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 1997, by a vote of 8-0, approve AUTHORIZATION FOR MODIFICATION OF QUAIL RIDGE REUSE AGREEMENT TO INCLUDE HOA. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 1997, by a vote of 8-0, approve AUTHORIZATION TO ENTER INTO A THREE (3) YEAR LEASE AGREEMENT WITH DAN BURNS OLDSMOBILE, INC. A T A RATE OF ~297.85 PER MONTH FOR THE EXECUTIVE DIRECTOR'S VEHICLE. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 1997, by a vote of 8-0, approve AUTHORIZATION TO INCREASE J. J. KIRLAN'S CONTRACT FOR THE NORTHWEST REUSE PROJECT FROM $47.~.0,000 TO $4,469,795 TO COVER $29,795. OF CHANGE ORDERS (Capital Projects). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this __ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 1997, by a vote of 8-0, approve AUTHORIZATION TO INCREASE RIC- MAN'S CONTRACT FOR THE NORTHWEST REUSE PROJECT FROM ;~2,418,310 TO ;~2,477, 738.09 TO COVER $59,428.09 OF CHANGE ORDERS (Capital Projects). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 1997, by a vote of 8-0, approve AUTHORIZATION TO ENTER INTO A LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY FOR UTILITY CROSSING OF RAILROAD RIGHT OF WA Y. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 17, 1997 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 17, 1997, by a vote of 8-0, approve AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO PAY SOUTH CENTRAL REGIONAL WASTEWATER ;300,000. FOR REUSE WATER PROJECT. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM # ~.- REGULAR MEETING OF AUGUST 5, 1997 RATIFICATION OF REAPPOINTMENT TO THE KIDS AND COPS COMMITTEE DATE: AUGUST 1, 1997 We have received a request to have William J. Fay, Jr. reinstated as the representative from Banyan Creek Elementary School on the Kids and Cops Committee. Mr. Fay's absences were due to unavoidable circumstances. Reappointment is recommended. Recommend ratification of the reappointment of William J. Fay, Jr. to the Kids and Cops Committee to complete his unexpired term ending April 22, 1998. ref:agmemo5 Delray Beach Police Department NI-AmedcaCity (561) 243-7888 Fax (561) 243-7816 MEMORANDUM 1993 TO: Executive Asst. Anita Barba City Clerk FROM: Officer Jeffrey Messer'~ Public Relations - Kids and Cops DATE: July 22, 1997 SUBJECT: REAPPOINTMENT TO KIDS AND COPS COMMITTEE Per our previous conversations, Mr. Bill Fay has missed three (3) consecutive Kids and Cops Committee Meetings; April, May and June 1997, which resulted in his removal from the Kids and Cops Committee. On June 9, 1997, I spoke to Mr. Fay at his school (Banyan Creek Elementary) and he told me that he still would like to participate on the Kids and Cops Committee; however during two (2) of the meetings he was faced with extensive dental work and a family emergency, respectively, that prevented him from attending. It is my understanding that the June 1997 meeting was missed due to Mr. Fay's responsibilities as principal during the winding down of the 1996-97 school year. I am requesting the powers that be strongly consider reinstating Mr. Fay for the remainder of his previous term on the Kids and Cops Committee as he is an energetic, enthusiastic and valuable member of this committee. Please feel free to contact me at any time reference this and any other matter. vis 4243 Sabal Lakes Road Delray Beach, Florida 33445 · (407) 243-1575 · Fax (407) 243-1592 William J. Fay, Jr., Principal · Barbara G. Scott, Assistant Principal July 10, 1997 David T. Harden, City Manager City of Delray Beach 100 Northwest 1st Avenue Delray Beach, FL 33444 Dear Mr. Harden, I am responding to your letter to me advising me of my removal from the Kids 'n Kops Committee. Circumstances beyond my control forced my absence, ie: death in the family, conflicting district meetings. My attendance to that point had been near perfect, if not perfect. I have been an active 'and supportive member of the committee and deserve to remain so. Please resubmit my name for reappointment. I certainly apologize for my absence and any inconvenience it may have caused. I would appreciate a response to my explanation and request. Please advise. William j.~ Principal (j ~.._~___~ ...... ~ WJF/ptg cc: City Clerk Mayor Alperin Officer Jeffrey Messer . ~.~, ~ CITY OF DELRAY BEACH gOARD MEMBER APPLICATION NAME William J. Fay, Jr. __ 392-3 Prestwick Circle Palm Beach Gardens,, FL 33418 L HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDenCE)' Banyan Cr~.e~k Elementary 424B Sabal Lakes Road Delray Beach,. FL_ B.3445 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)- HOME PHONE 407-624-8150 BUSINESS ~ONE (407)243-11 75 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Kids N Kops LIST ALL C1TY BOARDS ON WltlCH YOU ARE CURRENTLY SERVING OR HAVE PREVI )USLY SERVED (Please inc, lud~ dates) EDUCATIONAL QUALIFICATIONS Masters in Ed. I.]ST A~Y RELATED PROFESSIONAL CERTIFICATIONS AND L'ICENSE8 WHICH YOU HOLD Florida Educator's Professional certific~ge _ GIVE Your PRESENT, OR MOST RECENT EHPI,OYER, AND POSITION Principal, Banyan Creek Elementary ! DESCRIBE EY~PERIENCES, SKILLS OR KNOW~EDGE W~ICN QUA~IFY YOU TO SERVE ON THIS BOA~ PLEASE ATTACH A BRIEF RESUME. 1 HEREBY CERTIFY THAT ALL THE ABOVE STATEmeNTS SuRE TRUE, AND ! ACRE~ A~D UNDERST~ND THAT ANY MISSTATEMENT OF MATERI~ FACTS CONTAINED IN THIS APPlICA- TION MAY CAUSE FORFEITURE UPON M~f P~RT OF ~ A~PO%N~M~NT ~ M~Y RECEIVE. /~' 12/13/95 4/90 MEMORANDUM TO: David Harden - City Manager FROM: Lula Butler - Director, Community Improvement ~9 SUBJECT: Request for Waiver to Sections 7.9.7(C) and 7.9.9 of the Land Development Regulations - 960 Seasage Drive DATE: July 29, 1997 ITEM BEFORE THE COMMISSION: City Commission consideration of waiver to Sections 7.9.7(C) and Section 7.9.9 of the Land Development Regulations governing Docks, Dolphins, Finger Piers and Boat Lifts pursuant to Section 7.9.4 (A) for the property at 960 Seasage Drive. BACKGROUND: Section 7.9.7(C) provides that for waterways greater than 100 feet in width, the maximum distance a dolphin or pier may be installed shall be 25 feet from the extended property line. Section 7.9.9 requires that the distance between finger piers shall not be more than 25 feet. Mr. Cohen has submitted an application, and plans to construct a 40 foot long by 5 foot wide finger pier with three mooring piers (dolphin piles). His property is located along a 300 foot width section of the intercoastal waterway. PBCDERM requires 36 inches of water depth at mean low tide in the area in which a boat is moored. The configuration of his property does not achieve this until a distance of 19 feet waterward of the seawall, thus creating a hardship. The Commission has granted waivers to two (2) properties just north of this location under similar conditions. Approval from PBCDERM is attached for your reference. RECOMMENDATION: We would recommend Commission approve the waiver with the condition that the plans be amended to comply with comments and code requirements as determined by the Chief Building Official. JSZ:DQ ~ Attachments ~.ff~S/,~]~"] r~o~k. CC Date: July 29, 1997 Agenda Item No. ~r. ~. AGENDA REQUEST Agenda request to be placed on: _~X Regular __ Special __ Workshop __ Consent When: August 5, 1997 Description of Agenda Item: Request for Waiver to Article 7.9 Regarding Docks, Dolphins, Fingers Piers and Boat Lifts for 960 Seasage Drive Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~~-~ ~ City. Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Altematives: (if applicable) Account # & Description: Account Balance: City. Manager Review: Approved for agenda: ~//No [~'~'~' I Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 Associates, Incorporated July ~3, 1997 Mr. Jerry Sanzone, Building Official City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 RE: Variance From 25' Length Requirement for Cohen Dock Permit - Applic. #97-48194. Dear Mr. Sanzone: In accordance with our meeting of July 22, 1997, we would like the referenced dock application to be considered by the City's Board of Commissioners and be granted a vadance from the 25- foot maximum dock length requirement. As you are aware, the environmental agencies are continually playing a larger role in the permitting of docks and related improvements. In this particular case, we are caught between the City's maximum dock length ordinance, and a minimum water depth requirement as stipulated by the Palm Beach County Department of Environmental Resources Management (PBCDERM). Specifically, PBCDERM requires that we maintain a minimum of 36" of water depth at mean Iow tide in the area in which a boat is to be moored. Since we do not achieve this 36' minimum until we are a distance of 19' waterward of the seawall, our client would only be allowed to moore a six-foot long boat. Therefore, we believe this to be a hardship' on the property owner. It is my understanding that the two property owners immediately north of this site have already enjoyed similar variances from the Board and have installed docks in excess of 25 feet in length. Therefore, we are merely requesting like treatment of this application. Again, please schedule this vadance request for consideration at the next available Board of Commissioners meeting. Should you have any questions, or if you need any additional information, please do not hesitate to call. Sincerely yours, En~~~es, Inc. C:~OFFICE\WPWlN\WPEX3CS~GEN~SANZONE 1.713 3767 Lake Worth Road, Suite 108 · Lake Worth, Florida 33461 Fax (561) 968-0170 Toll Free (800) 965-9801 Phone (561) 965-9800 Associates, Incorporated Ju~y ~3, 1997 Mr. Jerry Sanzone, Building Official City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 RE: Variance From 25' Length Requirement for Cohen Dock Permit - Applic. #97-48194. Dear Mr. Sanzone: In accordance with our meeting of July 22, 1997, we would like the referenced dock application to be considered by the City's Board of Commissioners and be granted a variance from the 25- foot maximum dock length requirement. As you are aware, the environmental agencies are continually playing a larger role in the permitting of docks and related improvements. In this particular case, we are caught between the City's maximum dock length ordinance, and a minimum water depth requirement as stipulated by the Palm Beach County Department of Environmental Resources Management (PBCDERM). Specifically, PBCDERM requires that we maintain a minimum of 36" of water depth at mean Iow fide in the area in which a boat is to be moored. Since we do not achieve this 36' minimum until we are a distance of 19' waterward of the seawall, our client would only be allowed to moore a six-foot long boat. Therefore, we believe this to be a hardship' on the property owner. It is my understanding that the two property owners immediately north of this site have already enjoyed similar variances from the Board and have installed docks in excess of 25 feet in length. Therefore, we are merely requesting like treatment of this application. Again, please schedule this variance request for consideration at the next available Board of Commissioners meeting. Should you have any questions, or if you need any additional information, please do not hesitate to call. Sincerely yours, En~~-~s, Inc. C:~OFFICE~WPWlN~WPDOCS~GEN~ANZONE 1,713 3767 Lake Worth Road, Suite 108 · Lake Worth, Florida 33461 Fax (561 ) 968-0170 Toll Free (800) 965-9801 Phone (561 ) 965-9800 Department of Environmental F, esources Management · -,-'..7~ l~,e!ve,l,:re I.'..oad. l:,uddmg 502 June 26, 1997 \V,:st l'nl:~ Beach. FI. 35.10o-1545 t5¢~I ) 255-2400 i:..~x ,',,,I; 255-::4)4 CERTIFIED-RETURN RECEIPT Starcom 274-2400 htq7 !.:w;vwco palm-buach fl tls Mr. Albert Cohen 4301 North Ocean Boulevard Apartment 608 [] Boca Raton, FL 33431 Dear Mr. Cohen: Palm Beach County Board o£ County SUBJECT: WETLANDS ALTERATION PERMIT; ERM# DF-187-97 Commissioners Enclosed please find the subject permit which has been issued by the )Surf .~,"t FO 1150 I1. Department of Environmental Resources Management of Palm Beach ;qaud~' Ford l.ee. Vice Chair County. Karen T Marcus Please be advised of the specific terms and conditions set forth in the c~,~o~ .-~ ~ob~ts issued permit. Aisc, note that in the event of failure to comply with W.~rro, ~. ,~:,'e~ the terms and conditions set forth in the permit, the County may pursue formal enforcement proceedings. Mar.v McCarty Ken U Foster If yOU have any questions concerning this permit, please contact Mr. Frank Sperber at (561) 233-2452. County Administrator / //' Z'"'" , Deputy Director LC6vironmental Resources Management JVA:FS:Iz Enclosure cc: DEP-ERP(w/o enclosure) City of Delray Beach EnviroDesign Associates, Inc. '..ln Equal Opporno;iO' .'Vfw,:a;ive Action £mployer" printed on recycled paper  PERMIT TO ALTER WETLANDS PERMITTEE: PERMIT NO. DF-187-97 Albert Cohen EXPIRATION DATE: 06/26/98 4301 No. Ocean Boulevard, Apt. 608 SECTION/TOWNSHIP/RANGE: 21/46/43 Boca Raton, FL 33431 Department of Environmental '~ Resources Man,-x~ement 55£5 P, elvedere l-~oad. Budding 502 This permit is issued under the authority of the Wetlands Protection Section of the Palm Beach County Unified Land Development Code, Adicle 9, Section 9.4. If no \v,.st Palm P, em:h. FL 33400-1:348 objection to this permit is received within twenty (20) days, permittee will be (r,,,~ ~ 255.2400 deemed to have accepted the permit and all enclosed terms and conditions. The E.xx ~s,)l, :~s-::4~4 above named permittee is hereby authorized to perform the work shown on the ..;,,,,c,,, 2:4.z4~,~ application and approved drawing(s), plans, and other documents enclosed herewith or on file with the Department and made a part hereof and specifically described as imp :lwww c(I p.~im-bcach t'l us foJJows: PROJECT DESCRIPTION: To construct a 40' long by 5' wide dock, and install three (3) mooring pilings. Palm Beach County Board of County IN ACCORDANCE WITH: Commissioners Bur[ ..\3ronson Chairman Conditions 1-8 and three (3) enclosed sheets. .M.-tude [:~Hd Lee. x.'tce Chart LOCATED IN: t';.aren T Marcus C;zrol :\ B. oberts The Intracoastal Waterway, Class III Waters, at 960 Sea Sage Drive, Delray Beach, Palm Beach County. Warren Ft. Ncwell Mar,' McCar~y CONDITIONS: Ken L Foster 1. It is the responsibility of the permittee to obtain all other necessary federal, state or local authorizations for the work described herein, including municipal or County building permits. County Administrator 2. This permit shall be kept at the work site of the permitted activity during the entire period of construction or operation. F, obert Vt~.zsma~. I~E. 3. The permittee shall adhere to all construction details and methodology indicated on the enclosed permit drawings. Any deviation from the approved plans will require prior authorization from this Department. 4. Turbidity screens (or other means of turbidity control) shall be utilized during construction such that turbidity levels in the project area do not exceed 29 N.T.U.'s above natural background. ",'Dr £qua[ OI)portunfO' A.(fiirmattve Action Employt'r" C,~,~C~, .. ' Fnnted on recycled paper Albert Cohen Permit No. DF-187-97 Page 2 5. The permittee shall ensure that all construction activities in open water will cease upon sighting of manatees within 200 yards of the project area. Construction activities will not resume until the manatees have departed the project area. 6. The permittee agrees that the contractor will instruct all personnel associated with the project of the presence of manatees and the need to avoid collisions with manatees. The permittee and/or contractor may be held responsible for any manatee harmed, harassed or killed as a result of any permitted activity. 7. The permittee is directed to contact Mr. Ron Miedema of the U.S. Army Corps of Engineers at (561) 687-6714 for his/her single-family dock and boatlift permit. The Department cannot issue an SA J-9 permit due to close proximity of the structure to the navigation channel. 8. The Department may conduct on-site compliance it?spections at anytime it chooses to do so, including anytime following the permit expiration date. If any portion of the project is found to be in noncompliance of the permit conditions set forth herein, the permittee shall be responsible for resolving the violation even if such remedies are not sought until after the permit expires. The permit expiration date shall not hinder compliance or enforcement activities of the Department. Recommended by: Issued this c7~' day of ~ ,1997 Palm Beach ~o-~nty Department of Environmental Resources Management JVA:FS:Iz · '~ ! SEA ~w ~ ~ ~7-13 En~roDesign CO~N DOCK ~socia~s, ~c. ~9-97 INSTAI.I.~0N ~ · ~' ~~ ~ ~ ~ke Worth, Florida 33461 ~ (56J) 965-9800 1 oF 4~ i_DOCI<, ~'~ ~0' I ti I] ./~), ~,~. ) '~.:.- -, /:'/~-:"9';::'x \ .... ' X,%:::-.. ......:;:~ 5,:' 2 I5 '-,j *., .','----..._--- SC^LE: t"=iO' "-:C2" .~''2J. PROFILE EnviroDesign COHEN DOCK ,~o,~t~. i~. i -'" '- Engineers Harlne Contracf. ors INSTALLATION £n~ironmentai Consultsnt= 3767 L~ke Worth Ro~d - SuHe 110 Loke Worth, Florido 33461 ~c-~' ',c (56~) ~65-98oo .: ~ ~ITE LOCATION MAP SEC E~, T~P 4e, En~roDeSign COHEN DOCK INSTAI,T.~TION ~,~ · ~0 c~~ s-~4-~ ~767 Lake Wodh, Florida 33461 ~_ (~e~) ee~-esoa 1 or 1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/I SUBJECT: AGENDA ITEM # ~'~' - MEETING OF AUGUST 5, 1997 FUNDING SUBSIDIES/DELRAY BEACH RENAISSANCE PROGRAM DATE: AUGUST 1, 1997 This is before the Commission to approve and authorize issuance of funding subsidies totaling $43,027.49 for three eligible applicants 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, Inc., the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, the City is Committed to providing home ownership opportunities to 80 home buyers through new construction and acquisition/ rehabilitation beginning October 1, 1995 through September 30, 1997. The three applicants are Pamela Marie Newsome for vacant property located on N.W. 9th Avenue in the amount of $16,315.29; Audrey Hankerson for vacant property on N.W. 13th Avenue in the amount of $13,611.60; and Jeffrey A. Bowleg for property located at 210 S.W. 6th Avenue in the amount of $13,100.60. Recommend approval to fund subsidies for three eligible appli- cants totaling $43,027.49 ($23,500 from HOME Account 118-1923- 554-83.01 and $19,527.49 from SHIP Account 118-1924-554-83.01). Agenda Item No: AGENDA RE QUF_nST Date: July 30, 1997 When: August 5, 1997 Request to be placed on: __ Regular __ Special ~ Workshop XX Consent Description of Agenda Item: Authorization and approval to issue subsidy to three eligible applicants under the Delray Beach Renaissance Program totaling $ 43,027.49 ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy award. Funds are to be awarded from HOME Investment Partnership Program and State Housing Initaitives Partnership Program (SHIP) dollars. HOME total $ 23,500.00 Account # 118-1923-554-83.01 SHIP total $19,527.49 Account # 118-1924-554-83.0~ Department Head Signature: - - City_ Attorney Review/Recommendation (if applicable) Budget Director Review (required on all invovling expenditure of funds): Funding Available: Y~ No Funding Alternatives: (if. applicable). Account # & Description: i1~ -I~Z Account Balance: ~ !~4:qZZ City Manager Review: ApprovedHold Until:f°r Agenda: ~/No Agenda Coordinator Review: Recieved: Action: Approved / Disapproved agcnform.wpd Memorandum To: David Harden, City Manager Thru: Lula Butler, Community Improvement Director~y/~ From: Michael Simon, Acting Community Development Coordinator Date: July 30, 1997 Subject: Delray Beach Renaissance Program Subsidy Recipient ITEM BEFORE THE COMMISSION: City Commission authorization and approval to issue subsidy to three eligible applicants under the Delray Beach Renaissance Program. BACKGROUND: The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, The TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. 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 properties: Lot 46/47, Block 15, Town of Delray/$13,100.60 ~ Lot 3, Block 4, West Side Heights/$16,315.29 ' Lot 8, Block A, Carver Memorial Park/$13,611.60 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 68.02 NAME Jeffrey A. Bowleg PROPERTY ADDRESS 210 S.W. 6th Avenue, Delray Beach LEGAL DESCRPTION Lots 46/47, Block 15, Town of Delray Plat Book 13, Page 18 % OF AREA MEDIAN HOUSEHOLD INCOME 59 # IN HOUSEHOLD 1__ COST OF HOUSE $69,800 COST OF LOT $8,500 CLOSING COSTS $4,188 TOTAL TRANSACTION $ 82,488 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 55,200.00 CFC Bank RATE 7.50 % LTV 66.51% SECOND MORTGAGE $ 10,000.00 Ci_ty of Delray, HOME $ 3,100.60 Ci_ty of Delray, SHIP $ CRA of Deh'ay $ Housing Authofi _ty THIRD MORTGAGE $ 4,000.00 Federal Home Loan Bank GRANT $ HTF "A" CITY PERMIT FEES WAVIED $ 3,150.00 APPLICANT FUNDS Pre-paids $' 305.00 Escrowed $ 500.00 Paid at closing $6.333.00 TOTAL TRANSACTION $82,488.00 subreqst.wpd DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 67 NAME Pamela Marie Newsome PROPERTY ADDRESS XXX N.W. 9th Avenue, Delray Beach LEGAL DESCRPTION Lot 3, Block 4, West Side Heights Plat Book 13, Page 61 % OF AREA MEDIAN HOUSEHOLD INCOME 50 # IN HOUSEHOLD 3 COST OF HOUSE $70,3.97 COST OF LOT $9,000 CLOSING COSTS $5,193.10 TOTAL TRANSACTION $ 84,590.10 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 59,000.00 CFC Bank RATE 7.50 % LTV 71.08 % SECOND MORTGAGE $ 13,500.00 City_ of Delray, HOME $ 2,815.29 City_ of Delray, SHIP $ CRA of Delra¥ $ 1,812.81 Housing Authority THIRD MORTGAGE $ 4~000.00 Federal Home Loan Bank GRANT $ HTF "A" CITY PERMIT FEES WAVIED $ 1,041.00 APPLICANT FUNDS Pre-paids $'305.00 Escrowed $ 500.00 Paid at closing $1.616.00 TOTAL TRANSACTION $84,590.10 subrcqst.wpd DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 67 NAME Audrey Hankerson PROPERTY ADDRESS XXX N.W. 13th Avenue, Delray Beach LEGAL DESCRPTION Lot 8, Block A, Carver Memorial Park Plat Book 20, Page 56 % OF AREA MEDIAN HOUSEHOLD INCOME 57 # IN HOUSEHOLD 2 COST OF HOUSE $72,600 COST OF LOT $9,750 CLOSING COSTS $5,301.60 TOTAL TRANSACTION $ 87,651.60 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 61,800.00 CFC Bank RATE 7.50 % LTV 74.82 SECOND MORTGAGE $. City_ of Delray, HOME $ 13,611.60 CiW of Delray, SHIP $. CRA of Delray $ 1,500.00 Housing Authority THIRD MORTGAGE $ 5,000.00 Federal Home Loan Bank GRANT $ HTF "A" CITY PERMIT FEES WAVIED $ 3,187.00 APPLICANT FUNDS Pre-paids $ '305.00 Escrowed $ 500.00 Paid at closing $1.748.00 TOTAL TRANSACTION $87,651.60 subrcqst.wpd [ITY OF DELRRY BEI:I[H CITY ATTORNEY'S OFFICE ~°° ~ ~^~' ~""^~ ~^~"' ~°"~^ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH Ali. America City MEMORANDUM 'ill'~...'lr DATE: Augustl, 1997 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Sean Demise v. Michael LaFleur Our office has received pleadings in the above-named lawsuit stating that the plaintiff intends to add the City as a named party. This lawsuit arises from an arrest of Mr. Demise on October 20, 1996. Due to a conflict, our office requests the appointment of Fred Gelston of Damsel & Gelston to defend Officer LaFleur. The hourly rate is $100.00 per hour. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed on the August 5, 1997 consent agenda for City Commission SAR:jw cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Eric Hightower, Police Legal Advisor deruise2.sar MEMOR~ND~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~i~j SUBJECT: AGENDA ITEM # ~'l~' - MEETING OF AUGUST 5, 1997 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: AUGUST 1, 1997 Attached is the Report of Appealable Land Use Items for the period July 14 through August 1, 1997. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. TO: DAVID T. HARDEN, CITY MANAGER THRU: NGUEZ, DIR/~CTOR~ DEPARTMENT OF PLANNING AND~ONING SUBJECT: MEETING OF AUGUST 5, 1~97 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JULY 14, 1997 THRU AUGUST 1, 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 July 14, 1997 through August 1, 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 August 5, 1997 Page 2 There were no appealable items considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for final action. · Approved on a 6 to 0 vote (Carbone absent), the preliminary plat and certified the final plat for Delray Ocean Estates North, a proposed 5 lot single family subdivision, located at the southeast corner of Andrews Avenue and Harbor Court, west of A-1-A. · Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 4.4.19 MIC (Mixed Industrial and Commercial) district regarding the allowable principal, accessory and conditional uses. · Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 4.4.20(D) I (Industrial) district and Section 4.4.21(D) CF (Community Facilities) district relating to the list of allowable conditional uses. A. Tabled (5 to 0, Pakradooni absent), the request to add cellular communication equipment building for Bell South Mobility, Inc. on the roof of the Sun Sentinel Building located at the northeast corner of Congress Avenue and the L-38 Canal. B. Approved (5 to 0), the architectural elevations to recanvass an existing awning for the proposed Fronrath Vehicle Financing Company, located at the southeast corner of La Mat Avenue and Federal Highway. C. Approved (5 to 0), an off-site parking agreement for Pizzazz Cafe, located within the Eight Street Market at the northeast corner of George Bush Boulevard and N.E. 9th Avenue, to allow the use of 16 parking spaces at the St. Vincent Ferrer Church. D. Approved with conditions (5 to 0), the site plan, landscape plan and architectural elevation plan for Ocean Isles atDel-Raton City Commission Documentation Appealable Items Meeting of August 5, 1997 Page 3 Phase II, a proposed 3 unit townhouse development located on the east side of Frederick Boulevard, south of La Mat Avenue. E. Approved with conditions (5 to 0), a minor site plan modification, landscape plan and architectural elevation plan associated with construction of a 3,000 sq. ft. office/conference building and a 4,500 sq. ft. assembly hall at Emmanuel Catholic Church, located on the east side of Military trail, north of Linton Boulevard. F. Approved with conditions (4 to 0, Sheremeta stepped down), a minor site plan modification and landscape plan for the proposed Waterway East Restaurant, to be located at the southwest corner of East Atlantic Avenue and Venetian Drive, adjacent to the Intracoastal Waterway. The request seeks to modify the approval previously granted by adding 550 sq. ft. of floor area (storage and equipment area) for a total of 7,530 sq. ft., and to allow the construction of a seawall and boardwalk along the Intracoastal Waterway. With respect to the building elevations, the Board felt that while the architectural elevations are not consistent with the style of the shopping center, they should be approved. The Board therefore forwarded the elevations to the City Commission with a recommendation of approval. Concurrently, the Board approved a waiver not to require trees along the west half of the south property line (due to the location of a 15' wide utility easement) with the condition that trees be planted adjacent to the service area. 1. Approved (4 to 0, Johnson, Hurlburt and Damiano absent), the Certificate of Appropriateness to allow accordion style aluminum hurricane shutters for a single family residence located at 348 N.E. 1st Avenue. 2. Approved (4 to 0), the Certificate of Appropriateness for a business sign for Avenue Creative Group, a graphic design, advertising and photography business to be located on the second floor of the historic Masonic Lodge building at 10 S.E. 1st Avenue. 3. Approved (4 to 0), the Certificate of Appropriateness to allow replacement of the front door and windows to one of the three City Commission Documentation Appealable Items Meeting of August 5, 1997 Page 4 cottages constructed in 1935 for famed cartoonist Fontaine Fox located at 118 S.E. 7th Avenue. 4. Approved (4 to 0), the Certificate of Appropriateness for two wall signs for Pottery Play House, located at 812 East Atlantic Avenue. 5. Denied (4 to 0), the Certificate of Appropriateness to allow a change in the roof material from wood shingles to fiberglass shingles for a contributing single family residence at 109 Dixie Boulevard. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR OULr STRIA,, BL,,O. CITY COMMISSION MEETING OF AUGUST 5, 1997 L-30 CANAL LAKE IDA ROAD [=. N.W. 2ND S.W. 2ND LOWSON BOULEVARD LINTON BOULEVARD  BOULEVARD ? L-38 CANAL C-15 CANAL C,T~ L,M,TS ........... S.P.R.A.B.: H.P.B.: A. - BELLSOUTH MOBiLil~{, INC. 1. - 348 N.E. 1ST AVENUE B. - FRONRATH VEHICLE FINANCING COMPANY 2. - 10 S.E. 1ST AVENUE MILE I C. - PIZZAZZ CAFE .3. - 118 S.E. 7TH AVENUE I I D. - OCEAN ISLES AT DEL-RATON PHASE II 4. - 812 E. ATLANTIC AVENUE SCALE E. - EMMANUEL CATHOLIC CHURCH 5. - 109 DIXIE BOULEVARD F. - WATERWAY EAST RESTAURANT N CITY OF DELRAY BEACH, FL PLANNING DEPARTMENT -- DIGIT~.Z ~145E ~ ~T£M -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ - MEETING OF AUGUST 5, 1997 AWARD OF BIDS AND CONTRACTS DATE: AUGUST 1, 1997 This is before the Commission to approve the award of the following bids and contracts: 1. Purchase award to Physio-Control Corporation, sole source for a Lifepak II Diagnostic Cardiac Monitor Defibrillator, in the amount of $12,004 from 001-2315-526-64.90. 2. Bid award to National Ambulance Builders via Boca Raton joint bid for the purchase of an Emergency Medical Care Vehicle for the Fire Department, at a total cost of $104,960.72 from 501-3312-591-64.20. 3. Purchase award to Atlantic Refrigeration Corporation for emergency replacement of an air conditioning unit at the Police Station, in the amount of $36,706 from 334-6112- 519-46.90. AGENDA REQUEST Date: July 22, 1997 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: August 5~ 1997 Description of item (who, what, where, how much):Purchkse of. Lifepak II Diagnostic Cardiac Monitor, Defibrillator with 12 lead EKG capability .and pacinK. Allowable trade in of $4~500~ on present Lifepak 10 Model Total budgeted ao~t will then be $12,004. for the unit (Example: .Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/'RESOLUTIONREQUIRED: YES/NO Draft Attached: YES/NO Recommendation: (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Hea~ Signature:/~.~j~~97rx City Attorney Review/ tlecommendatio~ (if applicable): Budget Director Review (required on all items involving expenditure of funds):  Funding available: ~/ NO Funding alternativesq-- ( i~ app~i~ab~9) Account No. & Description: Account Balance: City Manager Review: ~pproved for agenda: ~/ NO ~'~ Hold Until: . Agenda Coordinator Review: Rece ired Placed on Agenda: Action~ Approved/D'isapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Roo~chasing Supervisor~ THROUGH: Joseph Saffo~inance Director DATE: July 28, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING AUGUST 05, 1997 - PURCHASE AWARD LIFEPAK 11 CARDIAC MONITOR Item Before Commission: The City Commission is requested to approve the purchase of one (1) Lifepak 11 Diagnostic Cardiac Monitor Defibrillator from Physio-Control at a total cost of $12,004. Background: This equipment requested will upgrade the existing Lifepak 10 equipment in the Fire Department and have capability to perform diagnostic 12 lead EKG's and to electronically store data for later reference for reports and planning for the future. The Lifepak 11 equipment is available from Physio-Control as a sole source procurement. See attached sole source letter from Physio-Control dated July 24, 1997, and their quote dated 07/17/97. The Fire Department is requesting the purchase of this Diagnostic Cardiac Monitor from Physio-Control at a total cost of $12,004. This total includes a 12 1/2% discount and an additional reduction of $4,500 for trade in of the current Lifepak per attached memo dated July 22, 1997, from Fire Department Recommendation: Staff recommends the purchase of one (1) Lifepak 11 Diagnostic Cardiac Monitor Defibrillator as a sole source purchase from Physio-Control for a total cost of $12,400. Funding from account 001-2315-526-64.90. Attachments: Memo From Fire Department Dated 07/22/97 Memo From Fire Department Dated 07/24/97 Letter From Physio-Control Dated 07/24/97 lily JIF [IELIIRY BEI:I[H FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH DELRAY BEACH Ali. America City 1993 TO: DAVID T. HARDEN, CITY MANAGER FROM: M.B. WIGDERSON, ACTING FIRE CHIEF DATE: JULY 22, 1997 SUBJECT: PURCHASE OF LIFEPAK 11 CARDIAC MONITOR The Fire Department had budgeted monies to purchase from account #001-2315- 526-64.90 one Lifepak 11 Diagnostic Cardiac Monitor Defibrillator. The normal price for the unit is $18,600. We were able to negotiate with Physio Control to bring about a 12 1/2% discount on the purchase price of the Lifepak 11 and to receive a trade in rate for a Lifepak 10 unit of $4,500. This brings the total purchase price of the unit down to $12,004. This will be the first unit of our anticipated upgrade to the Lifepak 11, allowing us to perform diagnostic 12 lead EKG's and have the ability to electronically store the data for later reference for reporting and statistical planning for the future. The remaining units are requested in our CIP program. If I can b~ of any additional assistance to you with information, please call me. l have attached a copy of the quote from the vendor, Physio-Control Corporation, as well as an Agenda Request and the Requisition for purchase. Your concurrence with this project will be appreciated. M. B. Wi~derson Acting Fire Chief MBW/mmh FiRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper CiTY DF DELRrlY BEACH FIRE DEPARTMENT SERV,N~ DELRAYBEACH · ~L~STREA~ · H,~H~,NDBEAC~ DELRAY B~ACH lll.~fica Ci~ ~9~EMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: D.R. TRAWICK, DIVISION CHIEF DATE: JULY 24, 1997 SUBJECT: SOLE SOURCE VENDOR This memo is to verify that Physio-Control is the sole source vendor for the purchase of LifePak equipment. We are requesting to purchase one LifePak 11 unit from them. This device will be consistent with our existing battery support systems, current maintenance agreements and helps keep familiarity with consistency of equipment by our personnel. Attached is a letter from Physio-Control in reference to them being a sole source vendor. If this office can be of any additional assistance please notify us. D.R. Trawick Division Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 P~,,nted o~? Recycled Paper ~ ,,~. ~-z~-ol , o.~u~l , ~ALr_b Ur_r'l-~ 561 !43 7461;~ 2/ 2 Po~I Ofllm~ Ih~ 9~023 LIFESAVING TOOLS FOR LI[:r.-SAVING TEAM~ July 24, 1.997 Dear Customer, I~t response to your recent request, I am writing to verify that Physic-Cc trol Corporation is the only .source from .which to obtain the LIFEPAK® 11 card!ac care system and its accessories, parts and service in your marketplace. Physic-Control does not. utilize thc services of any dealers or distributors sales of our products in your marketplace. If you have ~xy further quest[oas, please feel free to contact me at (800) 11,;2 ext. 4280. Sincerely, Steve Oerow Customer Operations Supervisor PH.YS[O-CONTROL CORPORATION Iuly 1.7, 1997 Ellen Wickert Delray Fire Department Delray Beach. FL FAX: 561-243-7461 Dear Ellen: Thank you for your interest in PHYSIO-CONTROL products. I have enclosed li, teramre and information on our LIFEPAK® 11 diagnostic cardiac monitor and LP11 Defi~ w/pac, 0C & lxlls produc~ for your evaluation. · PHYSIO-CONTROL has long been the leading manufacturer of portable monitor/recorder/ defibrillator packages, having many years of proven performance and expertis4 in this field. Our equipment is preferred by a majority of hospit~s and cardiac-equipped ambulance services due to its reliability, ruggedness, and simplicity of operation. I Warranty intbrmation, terms, and conditions are stated on the back of the quotafidn. Only factory-trained professionals work on your equipment. We offer a 24-hour, 7-day a week response to service calls. If necessary, loaners are provided for the life of your equipment, at no c 'barge. As your requirements arise, ! welcome the opportunity to visit with you to f'urther!di~uss your needs. In the meantime, if you have any questions or if I can be of service in any manner, please do not hesitate to call me at 800-442-1142 x2003. Sincerely, Paul Faiwe Account Consultant PHYSIO-CONTROL CORPO~TION PF:CLB Enclosures(s) To: Ellen Wickert Page #: ! Delray Fire Department Quote Date: 7/17/97 Delray Beach, FL Sales Representative: Paul Faivrc FAX: 561-243-7461 800-442-1.42 x21X)3 FOB: Redmond, WA Shipping: 30-45 Terms: Net 30 Da' This quote is Fu'm until: 9/15/97 Unit ~ es c r~_~!.~llL[~ Ot¥ l?rice_ Total 1. 80~300 [,IFEPAK~ II diagnostic cardiac monitor 1 S9,695,00 59,695.00 Po~ble ~ diagnos6c monitor fca~ a Mgh ~olu~on LCD mo6tor, inm~ 1~ mm r~o~, dphanum~c ke~M, ~g~bl~ menus wi~ soft ~ys, ime~l land-~e m~em and cellul~ ~sm~slon ~, ~m~ensive auuo~on doc~e~tion ~pabit~ wi~ ~ e~ CODE ~ic~ event r~rd. ~cludes one o~ng ~otm, s~cc m~t~. one ius~ vld~ (PN 8~520), ~[ead p~t cable wi~ 6-1eM ~rdi~ ~hlc for a~ulsition of diug~s~c 12-1eM ECG (PN 8~26551.03&~), one 6R RI-Il ~ l~-~e cable (PN 8055~-~) for ~d-line ~issi~. o~ set of II~-PATCII~ pm, gell~ ECG el~d~, ~o m~ of 1~ mm w~ty on p~ ~d 806545 LPll Beth w/pac, QC & pdls 1 $6,495.0(} $6,495,00 LI~EPAK® 11 defibrillator/pacemak~x with QUiK-COMBOm module md standard laddies modal, e, Portable defilbrillator/pat~maker for use witl) tile LI~EPAK 11 diagnostic cardiac motlitor. Supplled with both the QUIK-COMBO module (3006439) 0ald the statldaxd paddies module 0006440). Shipping kit includes one Operating Instructions, one FASTPAK battsxry, one set o1: QUIK-COMBO ele. clrode~, one QUIK-COMBO carryiug bag, one ScL of QUIK-PACE eleelmdes, and one paddles tray. 1 year warranty o~t p~rts and labor. 3. 806098.07 Carrying Case for [,Pll mid i $179.00 $179.00 ,gott carr,ving case for IJF~PAK. 11 monitor and defibrillatox/paceta akcr Continued next page.., CI,B NOTE: '1 ERMS CONTAINED ON Ti IE RFVEf{SE RID~ OF THIS DOI;UMEN'I ARE EXPRESSLY MADE PART OF THIS To: Ellen Wickct¢ Page #: 2 Delray Fuc Depan~ent Quote Date: 7/117/97 Delray Beach, FL Sales Representative: Pau~ FEvrc FAX: 56 I.-243-7461 800-442-1 !.42 x2003 FOB: Redmond, 'NA Shipping: 30-45 Terms: Net 30 Day~ This quote is firm until: 9/15/97 Unit Ot¥ Price ~ Continued... 4, 805550-02 QUIK-COMBOTM therapy cable tester I $135.00 $135.00 Trade-in value I -54,500.00 -S4,500.00 for I,II:g, PAK 10 &fibrillator/monitodpacemaker TOTAL THIS QUOTE , $12,004.00 Dis~ounts: ~ Dis~unt $4.5:00.00 CT, Il NOTE: TEr{Ms CON'IAINFD ON THE RLVERSE SIDF or THIS DOCUMENT ARF EX~ESSLY MADE PAHr OF TI IlS '.~OC:~ ifm:~t;,'.',': ~, ', 4 ,.,, ;,.,.~. ,', 4.: ........ ~e ,ner. ul Terms . ' Physio-Control acceptance of the Buyer's order Is expressly conditioned on the Buyer's assent to the terms set forth in th[ deck,men: and its attachments, Physio-Control agrees to fur[tish the goods and services ~3rdered by the Buyer only on these terms, and the ~ ;uyer's acceptance of any portion of the goods and services covered by this document ;halt confirm their acceptance by the Buyer. These terms constitute the complete agreement between the par'des and they shall govern any conflicting or ambiguous terms on the Buyer's purcha, e order or o~, ethos documents submitted to Physio-Control by the Buyer. These terms may not be revised in any manner without the prior w~ t'ten consent of an officer of physio-Control. Pti©lng Unles~ otherwise indicated in this document, prices of goods and Services covered by this document shall be Physio-Contr, effect et the time r. ff' dellvew. Prices do not include keight, insurance, freight forwarding fees, taxes, duties, import or expo~ )ermlt fees, or any other similar charge of any kind applicable to the goods and services covered by this document, ~ales or use taxes on don ,as[lc {USAI deliver- les will be invoiced in addition to the price of the goods and .~arvicee covered by this document unless Physio-Cohtrol recai ,es a copy of a valid state exemption cerrJficate prior to delivery. Please forward your tax exemption cerlificate to the PhyRio-Contro; Tax Deparl merit, P.O. Box 97006, Redmond, Washington 98073-9706. Payment Unless otherwise ind]ca~d in this document'or otherwise =onfirmed by Philo-Control irt wdting, payment for goods and s ~rvic~s suppi~ed by Phyrdo-Contmi ;hall be subject to the follc~wing terms: Domes[la {USA) Sales - Upon approval of credit by Physio-Control, 100% of invoice due thirty (30} days after invoice International Sales- Sight draft or'acceptable {confirmed} irrevocable fatter of credit, Physio-Control may change the terms of payment et any ti~e prior to delivery by providing written notice to the Buyer. Phy~,io-Control rese,'ves the tight tO charge a 15% restocking fee for returns. I Delivery Unless othem/i~e indicated Jn this document, delivery shall be FOB Physio-Control point of shipment and ,title and risk. of Io~ shell pass to the Buyer at that polrtL Partial deliveries may be made end partial invoices shall be permitted and shall become due m ccccrdanc~ with the payment terms, in the absence of shipping i~utructlens from the Buyer, Physio-Control will obtain transportation on the Buyer s behalf and for the Buyer's account. Delays Delivery dotes are approximam. Physlo-C~ntrol will not be liable for any loss or damage of any kind due to delays ~n d,~iive~ or non-delivery resulting from any cause beyond its reasonable control, including but not limited to, acts of God, labor disputes, the requirements of any governmental authority, war, c~vll unrest, delays in manufacture, obtaining any required license or permit, and Phy~o-C:omroi inability' to obtain goods from its usual sources_ Any at,ch delay shall not be considered a breach of Physio-Control and the Buyer's agreement ~nd the dates ;haSt be extended ~or the length of such delay. ~ delivery Claims by the Buyer for damage to or shortages of goo~s delivered shell be made within thirty (3~} days after shipment by providing Physio-Control with written notice of any deficiency. Payment is not contingent upon immediate correc/ion of any deficicncie~ and Physio-Control prior approval is required before the re[urn of any goods to Physio-control. PhysiO-Control warrants its producm in accordance with the terms of the standard Physio-ContruJ product'warra~ty applicable[to the product to be supplied, and the remedies provided under such warranty shall be the ~uyer'$ ~ole and exclusive remedies. Physio-Contro! makes no other warranties, express Or implied, including, without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR · PAFI~ICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO-CONTROL BE LIABLE FOR INC/DENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. Patent kldemnlty Upon receipt of prompt notice from the Buyer and with the 8uyer's authority and assistance, Physio-Control agrees to defend, ndemnify and · hold the Buyer harmless against any claim the[ the Physio-Control products covered by this document directly infringe any U~ ted States of Ama[ica patent. Miscellaneous · e) The Buyer agrees that products pumhassd hereunder will not be re;hipped or resold to any persons or places prohibited b~ the laws of the United States of America. bi Through its purchase of Physio-Control products, the Buyer does not acquire any interest in any tooling, drawings, design i~ ~formation, computer programming, parents or copyrighted or confidential information related to said products, and the Buyer express ¥ agrees not to reverse e~glneer or decompile such products or related software and information. cl The rights and obligatlone of Physio-Control and the Buyer related to the purchase end sale of products and services descril)ed in this document shall be governed by the laws of the State of Washington, United States of America. All costs and expenses incur'ted by Physio-Control related to enforcement of its rights under this document, includin9 reasonable attorney's fees, shall be raiml: ur;ed by the Buyer. MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn ~urchasin~ Supervisor THROUGH: Joseph Sa~inance Director DATE: July 29, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING AUGUST 05, 1997 - PURCHASE AWARD EMERGENCY MEDICAL CARE VEHICLE CITY OF BOCA P~ATON RFP ~97-054 Item Before Commission: The City Commission is requested to approve the purchase of one (1) Emergency Medical Care Vehicle from National Ambulance at a total cost of $104,960.72. Back~round: The City of Boca Raton is the lead a~ency for this joint proposal with the City of Delray Beach (RFP #97-054, Emergency Medical Care Vehicle). Bids were received from five (5) firms on June 20, 1997. A tabulation of bids is attached for your review. The City of Boca Raton awarded this RFP #97-054 at their July 22, 1997, Council Meeting. See attached Council Approval Procurement Recommendation. The Fire Department is recommendin~ the purchase of this vehicle per the attached memo dated July 24, 1997, at a total cost of $104,960.72. Recommendation: Staff recommends the purchase of one (1) Emergency Medical Care Vehicle from National Ambulance at a total cost of $104,960.72. Fundin~ from account 501-3312-591-64.20. Attachments: Memo From Fire Department Dated 07/24/97 Tabulation OF Bids Boca Raton Council Approval Procurement Recommendation Date: Request to be placed on: XX Regular Agenda Specmal Agenda Workshop Agenda When: August 0g~' 1997 Description of' item (who, what, where, how much}: Purchase of heavy rescue/ transport vehicl~ usinK a tag-along on Boca Raton Bid RFP No. 97-05a. Em,r~,n~y · .Medical Care Vehicle. This was a ~oint bid with'Boca Rat9~ in order to rec~eve best cost for units. National Ambulance .is the low bid and both Delray Beach and Boca Raton Fire Rescue are in process. (Example: -Request from Atlantic High School for $2,000 to fund project graduation}.. ORDINANCE/-'RESOLUTIONREQUIRED: YES/NO Draft Attached: ~ES/NO Recommendation: Staff recommends acceptance of this tag-along bid proposal. Award to National Ambulance at a total cost of $104,960.72. Fundin~ from account #50~-3312-591-64.20 (Example: Recommend. approval with funding from Special Events Account . Department Hea~ Signature: ~ ~~ City Attorney Review/ Reco~en~n (if applicable}: Budget Director Review (require~ on all items involving expenditure of fun~s}: Funding available~R  Funding alternative~ (~f ~appl~cable) Account No. ~ Description: Account Balance: ~!0~!~ City Manager Review: ~pproved for agenda: E~ NO ~,~Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved £1TY I]F DELRRY BERgH FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH DELRAY BEACH ~ MEMORANDUM Ali. America City FROM: M.B. WIi~DERStON,/W¢ ASSISTANT FIRE CItlEF DATE: JULY 24, 1997 SUBJECT: PURCItASE - REPLACEMENT RESCUE VEHICLE The City of Boca Raton Purchasing Department has gone out for bids for the purchase of a heavy rescue/transport vehicle, RFP No. 97-054 Emergency Medical Care Vehicle. As I had requested in my memo dated February 3, 1997, this was a joint effort to purchase with Boca Raton. There were five companies responding to this bid (see attached spread sheet). Our Specifications Committee has evaluated the low bidder, National Ambulance, and has recommended the purchase of a unit from National Ambulance at a total cost of $104,960.72. National Ambulance is also the choice of the City of Boca Raton Fire/Rescue and they plan to bring this before their commission the second week of August, 1997. This bid base price is guaranteed to us for eighteen months from the date of the purchase order, so we will be able to lock in this price. The money for this purchase is held in the Vehicle Replacement Program in the amount of $100,000. line item number 501-3312-591-64-20. I have prepared an agenda for this purpose as well a requisition number #54926. Your concurrence with this project will be appreciated and we will proceed as soon as possible. M. B. Wigderson Assistant Fire Chief MBW/mmh cc: R. Barcinski, Asst. City Manager H. Owens, Director Public Works J. Rooney, Senior Buyer, Purchasing FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper MEMORANDUM To: David Harden, City Manager From: Richard V. Sandell, Fleet Maintenance Sup Thru: Hoyt Owens, Deputy Director of Public Work~~ Date: July 30, 1997 Subject: PURCHASE OF REPLACEMENT FIRE RESCUE UNIT We concur with the request to purchase the fire rescue unit from the City of Boca Raton's RFP 97-054. The cost of $104,960.72 will be funded from Vehicle Replacement Fund Account #501- 3312-591-64.20. Delivery will occur in FY 1998 therefore funds will be encumbered and roll over from FY 97 to FY 98. /rvs c: Robert Barcinski, Assistant City Manager Robert Rehr, Fire Chief Joseph Safford, Finance Director National Wheeled Coach Road Rescue First Response Excellance I Boca Base 115820.06 117619.00 119975.00 125361.00 136202.00 2 Delray Base 117757.37 117369.00 121975.00 126911.00 145229.00 Boca Fac Disc -5791.00 Delray Fac Disc -5887.86 Boca COD Pay -2895.50 Delray COD Pay -2943.93 Delivery Charge 2000.00 Perform. Bond 3405.00 Boca Adj 106633.56 141607.00 Delary Adj 108925.58 150634.00 2-1 Boca Trade -3000.00 -3254.00 -1500.00 0.00 -2000.00 2-2 Delray Trade -4500.00 -8449.00 -1500.00 0.00 -3000.00 Adjusted Boca 103633.56 114365.00 118475.00 125361.00 139607.00 Adjusted Delray 104425.58 108920.00 120475.00 126911.00 147634.00 I .~v~,. Warranty/'~,o~,~.: /5'~,~o 1373.00 920.00 3275.00 1305.00 '7I' 3-1 Telma Brakes 55~,¢.o~/~ ~/~ 6700.00 5500.00 7289.00 5679.00 3-2 B&W TV 2305.00 1800.00 3175.00 3831.00 3-3 Power locks 1300.00 1166.00 1500.00 1650.00 3-4 Kicker n/a n/a 1150.00 1108.00 3-5 Hepa Filter 471.90 N/C 440.00 1275.00 ; n/a 3-6 Vogel Lub 1815.00 1289.00 1238.00 908.00 1225.00 3-7 Federal ArroTM 375.00 490.00 n/a 447.50 477.00 3-8 Rollup Doors , 3217.50 4500.00 2500.00 7495.00 3456.00 3-9 Warranty 1500.00 1373.00 920.00 3100.00 1305.00 3-10 Femo Cot Sys n/a 1765.00 150.00 485.00 949.00 3-11 Generator 7437.23 9400.00 8195.00 7500.00 8800.00 3-12 Backboards 618.00 136.00 n/a 540.00 453.00 3-13 Stretcher 459.00 403.00 n/~ 459.00 413.00 3-14 Extrication 258.00 109.00 121.00 258.00 278.00 3-15 Trac Splint 214.00 180.00 n/a 214.00 194.00 3-16 Vac Splint 279.00 76.00 n/a 73.00 251.00 3-17 Chair Stretcher 688.00 578.00 *I 688.00 620.00 3-18 Cot Fastnet 2075.06 1816.00 2486.00 2075.00 1867.00 3-19 Thumper 6640.77 n/a n/a 5399.00 5669.00 3-20 Immobilizer n/a 241.00 n/a 279.00 150.00 3-21 Suction 586.80 428.00 600.00 575.00 505.00 3-22 CPR Board 84.21 65.00 n/a 125.00 75.00 3-23 02 Regulator 147.00 352.00 314.00 172.00 3-24 Flow Meter 84.00 264.00 226.00 210.00 3-25 Pry Axe 163.00 190.00 170.00 150.00 3-26 Walkthru 1700.00 -100.00 1500.00 N/C 3-27 Power Everything 868.00 920.00 N/C N/C 3-28 Slide Out Tray n/a 840.00 350.00 666.00 3-29 Extended Cab 8000.00 6957.00 4247.00 6957.00 3-30 Purair Ultra Viol 875.00 400.00 650.00 959.00 3-31 Motorola Radio 3004.00 n/a 3200.00 3274.00 2611.00 3-32 Upgraded Trans 1842.45 2908.00 2763.00 N/C 2763.00 3-33 Compt. Modificat 275.00 N/C N/C 350.00 N/A Vehicle Replacement for Fiscal Year 1996/97 February 3, 1997 Page -2- 4. We are turning in F-8803 Ford Crown Victoria and F-8711 Suburban. Both vehicles have remained in service longer than originally intended and have served us well. The Ford Crown Victoda has a proven Iow maintenance record. When you amortized the cost difference of $2,867 o~/er the next seven to eight years it makes sense to replace full size vehicles with full size in order to fully meet the needs of our Department. If you concur with our request, I will contact Hoyt Owens to prepare the necessary paperwork. We are also requesting to go out to bid jointly again with the City of Boca Raton to purchase a heavy rescue/transport vehicle. Per our extended replacement program, F-9064, a Ford E-350, 1990 Rescue vehicle, which has served two additional years in reserve status, should now be replaced with a heavy rescue/transport vehicle. Our rescue fleet is made up of the following vehicles, including Highland Beach's vehicle F-9368. Reserve Current Extended Unit Number Make Year Status Date Mileage Replacement v'/F8963' Ford/E-350 1989 1994 70 764 1996 (Feb. 1997) '~FF9.064 Ford/E-350 1990 1995 68 018 1997 9065 Ford/E-350 1990 1995 63 962 1998 9161 Ford/E-350 1991 1996 ,. 53 110 1999 F9262 Inter. National 1992 1999 59 494 2000 F9367 Inter. National 1993 2000 48 437 2001 F9368 H/B Inter. National 1993 2000 24 313 2001 F9569 Inter. National 1995 2002 17 360 2003 Fire Chief RBR/tw cc: Robed Barcinski Hoyt Owens FROM : PHON~ NO. : Jul. 2~ 1997 ~8:5-~AM Pi (4~7) 291-2224 ~ax July 22. 199'/' Dek~ lower windows in doors Powerloc~ on DD ~cl module er~y d~ ~ $470.9t Vanner inverter for roof top NC $1A49A~ Delete two Slate UPS 188 strobe packs Upgrade Inb~com ta David Clark 5ys~m $501.1il Oplianal overhead air duding sys~n , TOTAL $104,~ Na~onal Ambulance Builde~ MEMORA ND UM TO: David Harden, City Manager FROM: K. Butler, Buyer THROUGH: Joseph Safford, Finance Director DATE: July 31, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - AUGUST 5, 1997 - PURCHASE AWARD- EMERGENCY REPLACEMENT OF AIR CONDITIONING UNIT ~ POLICE DEPARTMENT Item Before Commission: The City Commission is requested to approve the emergency replacement of tt~ air conditioning unit for the Police Department to Atlantic Refrigeration Corp., for a total cost of $36,706.00 Background: ~ Police Department air conditioning unit needs to be replaced. Proposals were received from two (2) vendors Atlantic Refrigeration Corp., and State Air Conditioning Inc. The Deputy Director of Public Works, recommends award to Atlantic Refrigeration for the purchase and replacement of this unit per attached memo dated July 30, 1997. Recommendation: The Purchasing Staff concurs with the recommendation to purchase the air conditioning unit on an emergency basis to Atlantic Refrigeration for a total cost of $36,706.00. Funding from account code #334-6112-519-46.90. Attachments Memo from Public Works Dated July 30, 1997 Prosposal from Atlantic Refrigeration Corp and State Air Conditioning Inc. cc: Jacklyn Rooney, Purchasing Supervisor Hoyt Owens, Deputy Director Public Works agenda.doc Agenda Item No.: ~3 AGENDA REQUEST Date: '3uly 31, 1997 Request to be placed on:- Consent X R~f~{~-r Agenda Special Agenda Workshop Agenda When: A11511~t ~5: 1QQ7 Description of agenda item (who, what, where, how much): Emergency Purchase award to Atlantic Refrigeration Corp. for replacement of air condttionin~ units at Police Department at a total cost of ~36;706. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Emergency purchase award to Atlantic Refri_~eration at a total cost o.f $36,706. Funding from account code 334-6112-519-46.90 City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds }: ~ Funding ava ilabl~NO~~ Funding alternative :B~--~ (i,f applica~le)~ Account No. & Description: B Account alance: City Manager Review: Approved for agenda~:Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved I~IEFIORAN DUM ~[~ ~9~ TO: David T. Harden, City Manager FROM: Hoyt Owens, Deputy Director Public Works ~ DATE: August 1, 1997 j SUBJECT: POLICE DEPARTMENT PACKAGE AIC SYSTEM REPLACEMENT RTU As part of Public Works Division's assessment of capital equipment, we have previously evaluated the air conditioning systems at the Police Department. In early July 1997, Ralph Hahn and Associates, Inc. was authorized to evaluate the replacement of the air conditioning mechanical components at the Police Department. The review centered on replacement of existing hardware with similar equipment or retrofit the mechanical components to a chilled water system. The cost analysis, dead load structural restraints and the footprint of the existing building indicated that the system should be replaced with like equipment. We had anticipated replacing RTU//5 (46 ton unit) at midyear. $40,000 was designated for this purpose in Account #334-6112-519-46.90. The cost analysis review by Ralph Hahn and Associates, Inc. delayed the replacement of this unit. On or about July 22, 1997 RTU #4 (36 tons; stage 1 ~ 20 tons; stage 2 ~ 16 tons) developed compressor problems in stage 2 of the unit. After evaluating the compressor replacement costs at $5,000-$7,000 it became evident, that we should shift our focus and replace this unit in lieu of RTU #5, as previously anticipated. After discussion with you we proceeded on an emergency basis to order a replacement unit for RTU g4 ~ $36,706. Carrier Corporation anticipates that it will take 5 weeks to manufacture the unit + 5-10 days for common carrier delivery. We have requested Police Department to lighten the air conditioning load in the affected area(s) during this period to the extent that operations will allow. If you have any questions, please call. HO/sdl c: Robert A. Barcinski, Assistant City Manager Chief Overman, Police Department David Junghans, Administrative Officer Jim Schmitz, Superintendent Streets and Traffic REF: HO/080197C.MEM MEMORANDUM To: David Harden, City Manager Through: Hoyt Owens, Deputy Director of Public Works From: Jim Schmitz, Building Mainten~rintendent Date: July 30,1997 ~' Subject: Police Department Air Conditioning Replacement Recommendation As requested, we have secured two quotes from the H.V.A.C. contractors that are presently on annual contract with the City, Atlantic Refrigeration Corp., our primary contractor and State Air Conditioning Inc., our secondary, or back up contractor. Mike McGann, Operations Manager of Atlantic Refrigeration has submitted their proposal for this retrofit at $ 36,706.00, and Alfonso Correa, of State Air Conditioning Inc. has proposed the same job at $ 38,906.97 (please see the attached quotations). I have been satisfied with Atlantic Refrigeration's performance and integrity in the past. State Air Conditioning is primarily a residential air conditioning contractor, and while they have completed other jobs for the City, their experience does encompass heavy commercial installations. Based on the price and reputation of the Company, I am recommending the job be awarded to Atlantic Refrigeration ~ $36,706.00 Note: Carrier Corporation has indicated that the unit will be d ARO with a lag time of 5 weeks + for delivery. c: Robert Barcinski, Assistant City Manager w/attachments Joe Safford, Finance Director w/attachments David Junghans, Administrative Officer, Police Dept. w/attachments Monday, July 28, 1997 Jim $chmitz City of Delray Beaoh 100 NW 1st Ave, Delray Beach, FL $3445 Dear Jim: I have Deeri working on the finalization of my bid as related to the replacement of the 40 ton R.T,U. At the police department. AS an alternative, I have selected the Carrier Unit described below; Alternative Unit Carrier Mod # $0EKBO44-a-ED EER: $.$ Nominal Capacity: 40 tons Accessories; Variable Frequency Drive ( Toshiba ) Barometric Pressure Relief Damper Economizer Microprocessor based controls Adapter Curb The projeot is being quoted to include disposal, crane service, shipping, rigging, 5 year compressor(s) warranty, commissioning, calibration of anoillary oontrols and start up. Availability is within $ weeks of the placement of the order. The Carrier unit is equipped with the drives and bypass to provide for a more exa~ting control of the buildings internal pressure. Costs associated with the replaoement of this unit as desoribed would be submitted as $ 36,706.00. Please let me know if you need any more information or if you should like to initiate this job. Thank You; Mike McOann Operations Manager ATLANTIC REFRIGERATION CORP. JUL--29--9? 84:44 PM STATE A~C INC. 561 964810! P.81 ...... -- ~- III I II I STATE Air Conditioning Inc. ~,~2~ r,,,.,.., ~i~, ~,,~ ~:,..~, ~,:,,,,, ~,.,,,.~, ~.',. ~'~4,~ 642-5025 24h,-. [.i,. ..................... ~ · ' ........ I ....... 2 ........................... ~ ........ f ....... --. .~ r~. ~ t ..... ' ..... '"'" .... "' ~ ......./"' ' ~~ /~ac~ ~3~ ,..,.,,,,~ ..... - ..... ~ ..............r" ~'--~-':": ............ ., '~ ...~ .... ~,T'~F~:~'~ ....... ~-~:'~'--2 ..................... ,.,r',~ v.~'.i.~ ~..'..'~,, ...... . .:.~, ~,.~..,,, .... >: , ,,xmi.~.,~>. : ......~ .,. ~:r:"r . .... ~ ...... ~ ~/~ ....... ~~ ~......:o ~~ ~W~ ~6, ~ ~,~.~ : ~ _ ~_.~ ...................... ~~__..~._~ ............ ~ ..... , .................................... 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Dat~ ...................... .~f '~ '~.i" ~ .t~( '~.'~ ~,' ~.m .~ ~.,x ~, -- ,.,,,.,,,,,,.,, ........ ()~ X Fit-~) '*' 1 #lttlcr~'tand llt,t ltd ~ t ,~'r~t~'m hill RI:I~I lieF' "1',..,,I,, ~,,;,,~ ........... "... ~ ....... ~ ........... ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~,~ SUBJECT: AGENDA ITEM # ~' ~/ '- MEETING OF AUGUST 5, 1997 SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT DATE: AUGUST 1, 1997 This is before the Commission to approve a contract addendum with H.T.E., Inc. (sole source vendor) to provide the Mobile Digital Terminal System for implementation of our Cellular Digital Packet Data (CDPD) connection to set up an initial five police vehicles so that the officers' laptops can communicate directly with the AS400 computer. This project will allow the laptop computers used by our officers to communicate with the AS400 to receive calls from dispatch, submit reports electronically, access National Crime Information Center/Florida Crime Information Center and the H.T.E. police records application. Recommend approval of the supplement to the H.T.E. agreement, in the amount of $38,880 from the Law Enforcement Trust Fund Computer Equipment (Account No. 112-2172-521-64.11). Date: August 1, 1997 Request ~o be pl~ce~ on: x Regular Agenda Special Agenda Workshop Agenda When: Ausust 5~ 199~ DeszriDtlon of agen4a item (who, what, whore, how much}: c~t HTE for.,the. implementation .... of. our Ce]],,]mr D4~=] Packg~.Data, (CDPD%. Contract covers modmms, mOftWarm, m~t..~r~ licens.e~ {m~]~m~nt~tJng.: services- nrnj.ct maRagement~ aetuD/configurat~n~- trm~n4n~ mnH ~,ppm~ ORDINANCE/ RESOLUTION REQUII%ED= YES/NO Draft Ar=ached: YES/NO Recommendation: ~ Department Mead Signature: Deter~.ination of Consistency with Comprehensive Plan= City Attorney Review/ Recommendation (if applicable): Budget Dire0=or Review of fun~s):  Funding available~ ~E~ NO Funding alt~rna~ives~__, · ........ (if agplioable) Aoaoun~ Balance: ~ City Mama,s= ~v~w. Hoi~ U~til: Agenda Coordinator Review: .Recmive~: Action~ ApDrove~/DisaDp~ovm~ Delray Beach Police Department Memorandum To: Director David Junghans From: Assistant Director Tina L. Lunsford Date: July 30, 1997 Subject: HARDWARE/SOFTWARE PURCHASE FOR CDPD CONNECTION Attached you will find the contract addendum from H.T.E. to provide the Premier MDT System that is needed to setup the initial five (5) vehicle with Cellular Digital Packet Data (CDPD) connection between the laptops and the AS400. The contract covers the modems, sof~ware, software license, implementation services, project management, setup/configuration, training and support fees. This project will allow the laptops used by our officers in those five (5) vehicles to communicate with our AS400 to receive calls from dispatch, submit reports electronically, have access to NCIC/FCIC and the H.T.E. records application. H.T.E. is the sole source vendor. I keyed in the following requisition for your approval: #55101 H.T.E $38,880 The funds for this project are coming from the Block Grant Project #97008. The support fees of $4,135.50 will not be due until 90 days after acceptance of the sof~ware and have been figured into the 97/98 budget. Please forward this information for Commission approval. DELRAY BEACH Delray Beach Police Department Nl-~eri;aCity (561) 243-7888 Fax (561) 243-7816 MF_,MO~~ 1993 TO: City Manager David T. Harden FROM: Admin. Services Director D. Jungh DATE: August 1, 1997 SUBJECT: CITY COUNCIL AGENDA REQUEST Enclosed please find the backup information for our agenda request. The required information from HTE was received July 30, 1997, that is why we are late in submitting this request. This contract is required so we can implement the second phase of our overall laptop program; the vehicle connection to our AS400. This phase is currently scheduled for completion by August 31, 1997. Should there be any questions, please call me at 243-7852. vis Enclosures · FILE No. 513 07/30 '97 11:44 ID:HTE/MAILROOM 407 246 8835 PAGE 2 SUPPLEMENT TO H.T..E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN [I.T.E., INC. AND CITY OF DELRAY BEACH SCHEDULE A-PRICING AND PAYMENT SCHEDULE CONTRACT NO. HTE-DLRB-970702 ! PHASE [ This Supplement i.~ to the Original AGRI~EMBN'I' FOR. H.T.E., INC. LICENSED PROGRAMS dated October 17, 1985, between H.T.E., INC. (HTR) and City of Delray Beach (Customer). Unless otherwise stated beloW, all terms and conditions as s:atc-,d in thu Agreement shall remain in effect. nmb ilml H'['n-Sierra MP200 CDPD TrunkM~em w/Hardware (5) Third Par~ ~f~nre Premier MDT Se~er (1-10 Users) 13,0~.00 $ 3,~.00 Premier MDT Client SoRware (5 [Jsc~) 2,975.~ MS gNA Server Client License (5 U~rs) 485.~ SCA-CAD III Interface Module 3,~0.~ On Site Implcmcn~tion Se~i~ Project Mnn~ement 2,~.00 Premier MDT ~rver Retu~config. 3,250.~ One Day 'rtalning - Administrative 2,600.~ One Day Training ~e Trainers 2,~.~ TOTALS -' $ Licensed Fees $ 25,435.00 $ 12,717.50 $ 12,717.50 installation Fees !1.245.{)0 4,122.50 4,122.50 Training Fees 5,200.00 5,200.00 Support Fees 4,135.50 $ 4, t35.50 TOTAL $ 43,1)15.50 $ 16,840.00 S 22,040.00 $ 4,135.50 Foutnote~ *CDPD Hardware is user radio .~hop inst,'died, l,stallntion und/or on.~ite training by specialist can be contracted at additional cost. Note: 'll~is proposal supports CDPD connectivity. Annual Support Services The initial term of ~t,pport service.~ .~h=ll comme,~ce ninety (90) duys after Acceptance Test upproval i)f~c Licensed Program(s) Olb-a 1 ' FILE 'No. 513 07/30 '97 11:45 ID:HTE/~ILRIXII 407 246 8835 PAGE 3 and extend l'or a term of twelve (12) months from delivery. Support toes for the initial term of support are due prior to the commencement of support. Subsequent farms of support will be ['or twelve (I 2) month periods, commencing at the end et'the initial support period, and support toes will be due ~ the then prevailing rate. 'l"he Customer will have thirty (30) days after delivery el'each Licensed Prog,'am For non productive use as a testing perkv, t. The purlx~Se ~d: the testing period is to pel~nit the Customer to determine whether the l.ice, nsud Program I:unctions selected by the Customer operate together and to ~ssist the Customer in determining whether to Licensed Program meets the Customer's requirements. The testing period will begin ten (10) days after sipmcnt of tho Licensed Prog,'a~n by I-I1'13. Warranty HT£ warranties will only apply to any lITE I.icensed Program(s) or Servic¢~ that may be included I~erein. LJnless otherwi~ stated, Customer shall enter into separate purchase of maintenm~ce agreements with each individual hardware supplier for thc equipment. Warranty and maintenance offerings i¥om I.ITE for its Program Products do not apply to any hardware supplied under this Schedule. SCA Pr~,lucts SCA Products utc subject to 5CA's wan'antics, IJ~ilitles m~d terms and conditions. HTE d~es warrant, however, that the SCA software will perform the stated [`unctions. SCA' will submit a Licen.~ tu Usc to the Customer. Travel Actual re.a,~nahle travel and living expenses arc in addition to the prices quoted t'or the appli~tlons end will be invoiced as incurred. Services, I#stallation, Trainini[ Additional services, installation, o,' training, if requested by Costume,', will be invoiced as incurred at the then prevailing rate per d Conversio~ Conversion, if necessm% will be invoiced a.s incurred at the prevailing rate per hour. Data ,nest be given to H'I'£ ill an 113M c~mpatible [brmat on a specified magnetic media. Data must match data field definition. Input data file clean up must be responsibility of Customer. It is understood that no twa systems and file ,structures are exactly alike and them may be a need for some manual conversion etTort t~ take place along with thc electronic conversion. Modiricatio~s Mc~dilications will I~ controlled by thc HTE "System Change I~quest" term which will be prepared for the Customer by the HTE or gCA Project Manager responsible for that module. HTE will proceed on the SCR when the signed SCR is returned with the City's authorization alo,~i with 50% payment. The final 50% payment is due upon completion. Cancellation Peaalty The Customer acknowledges that HTE makes every effort el ~hedulc n~m-cmcrgcncy Customer pa:raise visits sul'ficicntly in advance to obtain favorable travel and living costs, which are payable by tl~e Custolner. An), Customer premi.~e visit canceled I'c~r the benefit el'thc Customer after being sci~cduled by HTE may be sub. leer to a penalty charge. HTE's curt'eat penalty charge for any Customer pmmi,se visits canceled by th~ Customer within ~ven (?) clays of the date scheduled by HTF, is fifty percent ($0%) et'the original cost of such service as provided al~wo. Fees [`or Customer premise visits canceled within seventy two (72) hours of the scheduled date shall he fully due and payable b), thc Customer. Th~ charges and p~nalties quoted above do not include any direct I'~e~ or penalties incurred by lITE resulting From such cancellation, including hut not limited to non-ref'undablu travel and living ~xpenses, wl~icl~ alkali also be due ,qnd payable by the Customer. Notwithstanding the above, I ITLi will endeavor to reschedule HTE pers~mnel dm'lng the time canceled so us to r~duce any subsequent penalty m th~ Customer. DIb-a 2 · FIkE-No. 513 07/:30 '97 11:46 ID:HTEdlqlLRfl]U ~07 246 8~35 [:~GE 4 Non-Hiring Statement During the term et'this Ag~ement and fbr a period oflwonty-t'aur (24) months at,er thc tcrminaion of this Agreement. the Custnmer may not offer to hire or in any way employ or compen.~at.e any et' thc employees ot'l ITI~ or persons wl~o have b~n employed by HTI2 within the immediate past twenl, y-hmr (124) months without prior con.sent of ! IT£. Prices quoted above will he honored through August 31, 1997. · :. :.'.. :. :. :. :. :- :-: LIY: ~y: ~ .... Ronald ~. Gotxlrow Vice P~sident - Operations 7/29/97 Title Date Title ' Date Olt~-a 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ ' - MEETING OF AUGUST 5, 1997 ARCHITECTURAL ELEVATIONS/WATERWAY EAST RESTAURANT DATE: AUGUST 1, 1997 This is before the Commission to consider approval of revised architectural elevations for the Waterway East Restaurant, to be located south of East Atlantic Avenue and west of Venetian Drive, adjacent to the Intracoastal Waterway within the Central Business District. At its meeting of March 15, 1995 the Site Plan Review and Appear- ance Board recommended approval of architectural elevations subject to the condition that the west side of the dining porch, adjacent to the Intracoastal Waterway) have no less than 30 percent of the window panels in a fixed position. On March 21, 1995 the City Commission approved these architectural elevations with this condition. The current proposal is to change the architectural style of the restaurant in conjunction with a minor site plan modification, to increase the building's size from 6,980 sq.ft, to 7,530 sq.ft., construct a 131 linear foot sea wall with riprap and a 6 x 80 x 30 foot U-shaped boardwalk along that portion of the Intracoastal Waterway adjacent to the restaurant; and installation of a paver block patio area on the west side of the restaurant. At its meeting of July 23, 1997 the Site Plan Review and Appear- ance Board considered the proposed architectural elevations in conjunction with the site plan modification, and voted 4-0 to recommend approval based on positive findings with respect to LDR Section 4.6.18(B) (13) (b), that although the style and color differs from that of the shopping center, the building will be complementary to the overall shopping center and the surrounding area. Recommend approval of the revised architectural elevations for the Waterway East Restaurant. · o: c,7 ND ZONING FROM: ~~Y A. COSTELLO ~R PLANNER SUBJECT: MEETING OF AUGUST 5, 1997 APPROVAL OF ARCHITECTURAL ELEVATIONS FOR THF WATERWAY EAST RESTAURANT TO BE LOCATED AT THF SOUTHWEST CORNER OF EAST ATLANTIC AVENUE AND VENETIAN DRIVE. The action requested of the City Commission is that of approval of architectural elevations for the proposed Wate~ay East Restaurant, pumuant to Section 4.6.18(B)(13). The subject prope~y is located at the southwest corner of East Atlantic Avenue and Venetian Drive, adjacent to the Intracoastal Wate~ay, within the CBD (Central Business District) zone district. The subject properly is unplatted and contains 3.29 acres. The pmpe~y is improved with a 31,207 sq.ff, condominiumized shopping center known as Wate~ay East (900 East Atlantic Avenue). At its meeting of Mamh 15, 1995, the Site Plan Review and Appearance Board approved a major site plan modification for the Wate~ay East Restaurant, subject to conditions. The development proposal was to construct a 6,980 sq.ff. Florida Vernacular style restaurant (Wate~ay East Restaurant) with an enclosable outdoor dining area (west side of the building, facing the Intracoastal Wate~ay), an enclosed se~ice cou~yard/Ioading ama (south side of the building), and parking and landscaping improvements. City Commission Documentation Meeting of August 5, 1997 Waterway East Restaurant - Architectural Elevations Page 2 At that meeting, the Board recommended approval of the elevations subject to the condition that the west side of the dining porch (adjacent to Intracoastal Waterway), have no less than 30% of the window panels in a fixed position. On March 21, 1995, the City Commission approved the architectural elevations with this condition. The current proposal is to change the architectural style of the restaurant from Florida Vernacular to Italian Renaissance Revival in conjunction with a minor site plan modification to increase the building's size from 6,980 sq.ft, to 7,530 sq.ft. (550 sq.ft. increase for equipment and storage); construct a 131 linear foot sea wall with riprap and a 6' X 80' X 30' Uoshaped boardwalk along that portion of the Intracoastal Waterway adjacent to the restaurant; and, installation of a paver block patio area on the west side of the restaurant. Although the proposed structure will be located primarily behind the existing shopping center, it is technically considered an outbuilding and is therefore, subject to the provisions of Section 4.6.18(B)(13) (Outbuildings and Shopping Centers). This code section states that outbuildings within a shopping center shall be compatible in terms of color, materials, and architectural st_vie and that the Site Plan Review and Appearance Board shall make a finding of such compatibility prior to approval of outbuilding elevations. If the Board determines that there is not compatibility with respect to any of the items, then it shall deny the elevations. However, if the Board feels, despite the incompatibility, the elevations should be approved they shall forward the elevations to the City Commission with a recommendation of approval and the City Commission shall take final action. The building approved in 1995 was to be constructed of concrete block and was of the Florida Vernacular architectural style with a centrally located cupola. The structure as currently proposed will be constructed of concrete block with a stucco finish. The revised design can be best described as an eclectic contemporary interpretation of the Italian Renaissance Revival style. The characteristics which define this style are the portion of the roof which is flat, the rounded windows and arches, the decorative cornice, and the verandas on the second floor. The tiled gable roof, columns and the quoins are typical of the Renaissance Revival style. The roof will have two decorative chimneys. The decorative wood arbor which is to be provided on the second floor will provide balance to the structure and serve as an enclosure for the mechanical equipment. The architectural elements also include decorative railings, awnings over a portion of the arches on the north and east sides of the building, and decorative metal louvers over the arches on the west side of the building. The building will be painted pink while the roof tile will be gray. The awnings and decorative louvers will be blue and the columns will be white. The trim colors will consist of blue, teal, off-white and white. City Commission Documentation Meeting of August 5, 1997 Waterway East Restaurant - Architectural Elevations Page 3 The windows on the north and south sides will not be operable. While a door has been provided on the south side of the building adjacent to the dining area, the door is an emergency exit to be used and equipped for emergencies only. On the west side of the building (facing the Intracoastal Waterway), 30% of the windows will not be operable. Also, on the south side of the building a canvas awning will be installed over the service area. The above items address the previous conditions of approval of 1995, which were imposed in order to mitigate potential impacts on the adjacent residences. The restaurant is of a different architectural style and finish than the existing shopping center. The colors of the shopping center have been incorporated as trim colors for the proposed restaurant. The proposed structure is located to the rear of the shopping center and is somewhat isolated thus, it will not detract from the center. The architectural style is in keeping with that used in other developments throughout the City i.e. Northern Trust Bank and Atlantic Plaza, and is superior to the architectural style of the existing shopping center. At its meeting of July 23, 1997, the Site Plan Review and Appearance Board considered the proposed architectural elevations in conjunction with a minor site plan modification for the Waterway East Restaurant. The Board had no objections with the proposed elevations and felt that the structure will be an enhancement to the area. The Board then voted 4-0 (Mr. Sheremeta stepped down) to recommend to the City Commission approval of the architectural elevations, based upon positive findings with respect to LDR Section 4.6.18(B)(13)(b), that although the architectural style and color differs from that of the shopping center, the building will be complimentary to the overall shopping center and the surrounding area. By motion, approve the architectural elevations for the Waterway East Restaurant subject to the findings as recommended by the Site Plan Review and Appearance Board. Attachments: · Approved Elevations · Proposed Elevations .NORTH ELEVATION SOUTH EL'EVATION MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'1 SUBJECT: AGENDA ITEM ~ ~' -MEETING OF AUGUST 5, 1997 EXTEND TIME FRAME FOR COMPLIANCE WITH CONDITIONS OF APPROVAL/THE CROSSROADS CLUB, INC. DATE: AUGUST 1, 1997 This is before the Commission to consider a request from The Crossroads Club, Inc. to extend the time frame for compliance with conditions of approval. The subject property is located at the southwest corner of N.E. 2nd Street and 4th Avenue within the CBD zoning district. At its meeting of January 9, 1996 the Commission granted condi- tional use approval for the facility. The Commission agreed to allow the club to occupy the building provided that within one year of occupancy, the required parking and lease agreements be finalized. The club is now requesting a six-month extension (until January 22, 1998) to comply with the conditions of approval. They are negotiating with the F.E.C. Railroad to purchase the property across from the club on N.E. 2nd Street. However, even if the club is successful in purchasing the property, the parcel is not large enough to accommodate all the remaining required parking. It will still be necessary to obtain agreements from other properties located within 300 feet. Staff recommends approving the request to extend the time frame for compliance for six months, but require that the parking area on the north side of the building currently used as an outside seating and smoking area be immediately reinstated and kept available for use as a parking lot until such time that either (1) formal off-site parking and lease agreements are finalized; (2) an alternative parking plan is provided which includes letters from adjacent property owners consenting to permit Crossroads Club to utilize their properties for parking; or, (3) the meeting schedules and capacity are revised and reduced to not exceed the number of on-site parking spaces available. Recommend approval of the request to extend the time frame for compliance with conditions of approval for The Crossroads Club, Inc., subject to the recommended conditions. TO: DEPARTMENT OF 12EANNING AND ZONING SUBJECT: MEETING OF AUGUST 5, 1997 CONSlDE~TION OF A REQUEST TO EXTEND THE TIME F~ME FOR COMPLIANCE WITH CONDITIONS OF APPROVAL ASSOCIATED WITH THE CROSSROADS CLUB. LOCATED AT THE SOUTHWEST CORNER OF N.E. 2ND STREET AND N.E. 4TM AVENUE. The action requested of the City Commission is that of apDroval of a request to extend the time frame for compliance with conditions of approval associated with the Crossroads Club. The subject pmpe~y is located at the southwest corner of N.E. 2nd Street and N.E. 4th Avenue, within the CBD zone district. At its meeting of Janua~ 9, 1996, the City Commission granted conditional use approval for the Crossroads Club meeting facility. The building was significantly deficient in terms of the parking requirement for the use (88 spaces required, 23 provided on site). The applicants indicated that they were working with adjacent pmpeAy owners to pumhase or lease pmpeAy for additional parking, but they wanted to proceed with the improvement and occupancy of the building. The Commission agreed to allow them to move fo~ard, subject to the following conditions: 1. That the maximum occupancy be limited to 350 people; 2. That be~een the houm of 7:00 a.m. and 5:00 p.m., Monday through Friday, activities and meetings/groups be limited to a maximum of 92 people in order to not exceed the capacity of the 23 on-site parking spaces; and, 3. That within one year of occupying the building, either formal off-site parking and lease agreements must be finalized; an alternative parking plan must be provided; or, the meeting schedules and capacity must be revised and reduced so as not to exceed the number of on-site parking spaces. City Commission Documentation Crossroads Club - Time Extension Page 2 Crossroads moved into the building on July 22, 1996. Shortly afterwards, they blocked off one of the parking areas with bollards in order to provide an outdoor seating and smoking area for meeting participants. The improvements were made without approval of the City, and resulted in the elimination of 4 required parking spaces, including the handicapped accessible space, further exacerbating the parking shortage. On October 14, 1996, the Crossroads Club was issued a violation notice by the Code Enforcement Division (Case No. 96-33121)for making the changes without first obtaining approval. On February 7, 1997, they submitted an application for a conditional use modification to have the changes formally approved. ,At its meeting of March 17, 1997, the Planning and Zoning Board considered the request to allow the outside seating area to remain. The Board was very concerned with the elimination of the parking, but noted that the greatest demand for the facility seemed to be in the evenings, when other parking was available (i.e., by agreement with the FIo-Gas Company located across N.E. 2nd Street, and along N.E. 4th Avenue). The Board agreed to approve the modification and allow the tables to remain for the duration of the time frame by which they had to comply with the requirement for providing additional off-site parking (July 22, 1997). They also reduced the maximum number of meeting participants that could be accommodated during the weekdays. The conditions of approval for the modification were as follows. 1. The maximum occupancy between 7:00 a.m. and 5:00 p.m., Monday - Friday, be limited to that which can be accommodated by the 18 on-site parking spaces, or 72 people; 2. That within one year of occupying the building (July 22, 1997) either formal off-site parking and lease agreements must be finalized; an alternative parking plan must be provided which includes letters from adjacent property owners consenting to permit Crossroads Club to utilize their properties for parking; or, the meeting schedules and capacity must be revised and reduced to not exceed the number of on-site parking spaces; and, 3. That if the Crossroads Club is not in compliance with the previous conditional use approval requirements by July 22, 1997, that the matter be presented to the City Commission. Planning and Zoning Department staff has had numerous meetings and discussions with Crossroads representatives to assist them in achieving compliance. They are continuing to discuss alternatives with adjacent property owners, however, as of this date they have not resolved their parking deficiency. They are now requesting a 6 month extension (until January 22, 1998) to comply with the conditions of approval. According to their letter of request the Club is currently negotiating with the F.E.C. Railroad to purchase the property on the north side of N.E. 2nd Street, across from the subject property. The property owner to the south (Cary) has indicated that the Club may utilize the north portion of his property for parking while negotiations with the F.E.C. are on-going. It is not clear if they intend to pave or otherwise improve the portion of the property that they would be using. City Commission Documentation Crossroads Club - Time Extension Page 3 The improvements associated with the conditional use modification, which include relocation of the handicapped accessible space, would result in a total of 18 spaces on the site (deficiency of 70 spaces). Even if the club is successful in purchasing the F.E.C. property, that parcel is not large enough to accommodate all of the remaining required parking. Thus, it will still be necessary to obtain agreements from other properties located within 300 feet in order to meet the parking requirement. Further, it is noted that proposed parking spaces/lots must have a paved surface or other hard surface acceptable to the City Engineer, and must comply with all other applicable IDR requirements. The existing mulched surface on the F.E.C. property is not acceptable. ^. Continue with direction. B. Approve the request to extend the time frame for compliance with conditions of approval associated with the Crossroads Club for 6 months (January 22, 1998). C. Approve the request to extend the time frame for compliance with conditions of approval associated with the Crossroads Club for 6 months (January 22, 1998), but require that the parking area on the north side of the building be immediately reinstated and kept available for use as a parking lot until such time that the following condition approval is met That either formal off-site parking and lease agreements must be finalized; an alternative parking plan must be provided which includes letters from adjacent property owners consenting to permit Crossroads Club to utilize their properties for parking; or, the meeting schedules and capacity must be revised and reduced to not exceed the number of on-site parking spaces. D. Deny the request to extend the time frame for compliance with conditions of approval associated with the Crossroads Club for 6 months (January 22, 1998), and require that the occupancy of the building (daytime and evening) be reduced so as not to exceed the capacity of the on-site parking area). By motion, approve Alternative "C" above. Attachments: · Request Letter · Location Map s:\planning\document\reports\ccxroad2.doc THE CROSSROADS CLUB INC, 306 NE 2ND STREET · DELRAY BEACH, FLORIpA 33483 · (561) 278-8004 TO: JEFF COSTELLO FROM: TONY ALLERTON SUBJECT: CROSSROABS PARKING I HAVE JUST (4PM on 7/23/97) SPOKEN WITH MR. BAGLEY Of THE F.E.C. RAILROAD. HE HAS AGREED TO TAKE AN OFFER Of $2/sq,FT. FOR THE 7,500 SQ.FT. ACROSS THE STREET FROM US TO HIS REAL ESTATE COMMITTEE FOR THEIR ACCEPTANCE OR REJECTION. MR. BAGLEY COULD NOT GIVE ME AN EXACT TIME FRAME BUT INDICATEO THAT THE COMMITTE~WOULO ACT "PROMPTLY". AS I MENTIONEO TO YOU ON THE PHONE YESTERDAY, MR. CARY SAID THAT IT IS ACCE~ABLE TO HIM FOR US TO USE THE NORTH HALF OF HIS LOT ON 4th AVE. FOR PARKING WHILE WE ARE IN NEGOTIATIONS TO PURCHASE THE PROPERTY AS LONG AS IT IS ALL RIGHT WITH THE CITY. BECAUSE THE NUTTING ENGINEERING PRELIMINARY SOIL REPORT ON THE CARY PROPERTY IS' STILL BEING COMPILEO AND WE WON'T HAVE A FINAL DETERMINATION ON THE SOIL CONDITIONS UNTIL THE MAIN REPORT IS COMPLETED, WE REQUEST AN EXTENSION OF C.E,B. CASE NO. 96-33121 FOR A PERIOD NOT TO EXCEED SIX MONTHS. pLAt4,~/~G & ZONING . N.£. 2ND ST. ~ ~1/ iE/-----I' N.E. 1ST ST. SCHOOL ~ PLAZA SQUARE ATLANTIC AVENUE ~ CROSSROADS CLUB ~NING ~P~[NT OTY ~ DC~AY GEAr, ~ August 1, 1997 TO WHOM IT MAY CONCERN Crossroads Club has permission to park on the north half of the property at ~0 N.E. ~ Ave., Delray Beach as indicated on the attachment, Douglae D. Cary SITE PLAN MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ f0 - REGULAR MEETING OF AUGUST 5, 1997 RESOLUTION NO 57-97 (HIGH-RISE FIRE SAFETY TASK TEAM) DATE: AUGUST 1, 1997 On June 17, 1997, the Commission adopted Resolution No. 47-97 which established the High-Rise Fire Safety Task Team. The purpose of the task team is to examine the impacts and make recommendations with respect to the issue of requiring fire protection sprinklers in high-rise buildings, including costs to retrofit these buildings and adequate time schedules for compliance. At the July 15th meeting, during public comments, the Commission heard from both residents and managers of some of the affected buildings. Their comments primarily had to do with moving the time frame for the task team back some 90 days (to the beginning of November) so that the majority of the high-rise building residents would be back in town during the study. In addition, greater representation from the residents and building managers was suggested, as well as the addition of a technical person such as a fire protection engineer. The Commission and staff were amenable to the suggested changes and, as a result, Resolution No. 57-97 is on your agenda for consideration. It modifies the original resolution by increasing the number of resident representatives from 2 to 5, the number of building manager representatives from 1 to 2, and adds a fire protection engineer, for a total membership of thirteen (13). Also, the time frame has been moved back three months so that the task team is charged with completing their study by March 31, 1998 as opposed to December 31, 1997. Recommend approval of Resolution No. 57-97. ref:agmemo7 RESOLUTION NO. 57-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 47-97 WHICH ESTABLISHED THE HIGH-RISE FIRE SAFETY TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION, TO REVISE THE COMPOSITION OF SAID TASK TEAM; AND AMENDING THE TIME FRAME AND SUNSET DATE FOR SAID TASK TEAM. WHEREAS, on June 17, 1997, the City Commission adopted Resolution No. 47-97 establishing the High-Rise Fire Safety Task Team to examine the impacts, formulate ideas and make recommendations with respect to the issue of fire protection sprinklers in high-rise buildings, including costs to retrofit high-rise buildings and adequate time schedules for compliance. WHEREAS, the City Commission wishes to amend Resolution No. 47-97 in response to input and comments received from the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2 of Resolution No. 47-97 be, and the same is hereby amended to read as follows: Section 2. That the High-Rise Fire Safety Task Team shall consist of a membership as follows: 1 - Fire Marshal 1 - Chief Building Official ~ ~ - Resident representatives from the affected high-rise buildings: Banyan House Barr Terrace Barr Harbor Barton Coastal House Court of Delray Delray Beach Club Apartments (3 buildings) Delray Summit Dorchester Seagate Towers North and South Seagate Manor ~ ~ - Building manager representative~ 1 - Insurance industry representative 1 - Real estate representative 1 - Fire sprinkler contractor 1 - Fire Drotection enqineer The membership shall be appointed by the City Commission. A majority of the membership (!~ members) shall constitute a quorum. A Chairperson shall be elected by and from among the task team membership. Section 2. That Section 3 of Resolution No. 47-97 be, and the same is hereby amended to read as follows: Section 3. That the High-Rise Fire Safety Task Team shall ~~~ pursue its assigned task with a target of accomplishing said task by ~~/~//~ March 31, 1998. Section 3. That Section 4 of Resolution No. 47-97 be, and the same is hereby amended to read as follows: Section 4. That the High-Rise Fire Safety Task Team shall disband upon the discharge of its assigned task or by ~~/~ ~99~ March 31, 1998, unless otherwise extended by action of the City Commission. PASSED AND ADOPTED in regular session on this the 5th day of August, 1997. ATTEST: ~~M~ - 2 - Res. No. 57-97 WRXTER'$ D[]~ECT L~E: (~6D 243-?~ DELRAY BEACH F L O ~ I D A ~ Au~s~ 6, 1997 Al~AmeHca C~ Ernest G. S~on, Esq. 1993 S~on and Sc~dt P.O. Box 2020 Delray Beach, FL 33483 Subject: Offer to Satisfy Liens 123 N.W. 10th Avenue Dear Mr. Simon: The City Commission, at its August 5, 1997 meeting, rejected your offer of $1,000.00 to satisfy the liens on your property. If you have any questions, please call. Sincerely, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA David N. Tolces, Esq. Assistant City Attorney DNT:smk Lula Butler, Director of Community Improvement cc: 4 Alison MacGregor Harry, City Clerk simon,dnt CITY OF DELRIIY BEACH Writer's Direct Line: (561) 243-7090 DELRAY BEACH AlI.Amedca City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Request to Satisfy Liens, 123 N.W. 10th Avenue Lot 4, Block A West Side Heights Mr. Ernest G. Simon sent the attached letter to my office. Mr. Simon filed a foreclosure action against the current owner of the property. The City is a party to the lawsuit due to the filing of nuisance abatement liens on the property. As of July 31, 1997, the total amount of the lien and accrued interest is $1,646.50. Last year Mr. Simon offered $500.00 to satisfy the liens. At this time, Mr. Simon is offering $1,000.00 to satisfy all the existing liens on the property. The City Commission is requested to either approve or reject the $1,000.00 settlement offer. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager westside.dnt Silv~o~ ~I~ ScI-II~II)~ ATTORNEYS AT LAW m. O. BOX :~020 IOO NORTHEAST FIFTH AVENUE Ow? :l~,.a."X' ]~]F..~.C.t~, ~[O~]~ 33~G ERNEST (3. SIMON TELEPHONE {561) 278-2601 WEST PALM BEACH OAVID W. $CHMIOT FAX(581) 2~q*02~ 73'7-8222 July 23, 1997 David N. Tolces, Esquire Office of the City Attorney 200 N.W. 1st Avenue Delray Beach, Florida 33444 ................ Re: Simon v. Straghn, et al. Case No. CL 93-5539 AN My File No. 101.81-S.8 Dear Mr. Tolces: I am the plaintiff in this mortgage foreclosure action. The City was named as a defendant due to several nuisance abatement liens 'that .Were,recorded against the.subject property. The liens recorded prior to. the suit being filed total $1,268.63, and the liens recorded after the Notice of Lis Pendens total $268.26. ' · '~- In March of 1996, I made a settlement offer of $500.00, which the City Commission rejected. I would now like to offer a payment of $1,000.00 to settle the nuisance abatement liens. I would request that this offer be placed on a forthcoming City Commission agenda for their consideration. 'Ve~ truly Ernest G. Simon MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'%'"I SUBJECT: AGENDA ITEM # ~ - MEETING OF AUGUST 5, 1997 REQUEST FOR FUNDING/CENTER FOR EMPLOYMENT TRAINING DATE: AUGUST 1, 1997 This is before the Commission to consider a request for emergency funding from the Center for Employment Training (CET), a non-profit organization dependent upon federal and local funding. The funding need comes as a result of the Private Industry Council's delay in executing new contracts for their fiscal year which began July 1, 1997. The Workforce Development Board, an advisory board to the Private Industry Council, made a decision to defer until September or October contract executions that normally occur in May. Ten Delray Beach students were recruited for vocational training anticipating money being available on July 1st. Without immediate assistance, these students will have to delay job training. According to research done by Mrs. Butler, the agency has designated dollars from the Martin/Palm Beach County Foundation that could be reallocated to address this urgent interim need. In view of the availability of funds from other sources, I recommend that we not fund this emergency request. Mr. Gainer has submitted for a FY 1998 charitable contribution from the City. This request will be considered through the normal budget process. Center for Employment Training 301 S.W. 14th Avenue · Delray Beach, FL 33444 Phone: 407-265-1405 Fax: 407-243-2596 July 14, 1997 Mr. David L. Harden, City Manager 100 N.W. lst Avenue Delray Beach, FL 33444 Dear Mr. Harden: Please accept this letter as an urgent request fi.om The Center for Employment Training for funding of Delray Beach Residents seeking to enroll in the CET training program. Mr. Harden, although we have applied for a City of Delray Charitable and Benevolent Contribution Request for the 1997 and 1998 period, we find that because of the depletion of other funding we must seek your office's help in offsetting the costs of training for the residents of this community listed: Jill Serota 378 N.E. 6th Ave Delray Beach, F1 33483 Mary-Jane McManus 551 Greenward Lane Delray Beach, Fl 33444 Temmka Hollis 328 Southridge Road Delray Beach, F1 33444 Savanna Brown 378 N.E. 6th Ave Delray Beach, F1 33483 Jose Oreus 211 Southridge Rd Delray Beach, F1 33444 Cora Lamonge 415 S.E. 3rd Ave Delray Beach, F1 33444 Cynthia Street 651 Udell Lane Delray Beach, F1 33445 Tyrone Bean 902 S.W. 3rd Street Delray Beach, F1 33444 Shirley R. Bertha 304 S.W. 1 lth ave Delray Beach, F1 33444 Fred Traynham 304 S.W. 1 lth Ave Dekay Beach, FI 33444 I would appreciate a prompt response to this matter, for whatever your contribution it will strengthen Delray Beach and ensure that our residents are adequately trained to lead this All American City. Sincerely, Duane R. Gainer Corporate Offices: 701 Vine Street · San Jose, CA 95110 · Phone: 408-287-7924 · Fax: 408-993-8421 MEMORANDUM DATE: July 23, 1997 TO: David Harden, City Manager FROM: Lula Butler, Director, Community ImprovementV~'" RE: Request fQr Funding/Center For Em.Dloyment Training I have reviewed the funding request addressed to you from the above-referenced agency and made a personal contact with Mr. Gainer for clarification by telephone. The agency's urgent funding need is a result of the Private Industry Council's delay in executing new contracts for their fiscal year which began July 1. Most of this agency's funding comes from JPTA dollars that are now under the purview of the Workforce Development Board. This board made a decision to defer contract executions that would have normally occurred in May until September or October, 1997. Mr. Gainer states he has been recruiting students for participation in vocational training anticipating money being available July 1. Tuition costs range between $3,000 - $6,500 per student, per course depending on which vocation is selected. He believes his office could be in jeopardy and potentially closed if interim funding is not found. His office claims to have graduated 80 - 95 students with a 85% successful job placement over the past two (2) years. A significant number of his students are Delray Beach residents. His request for funding does not ask for a specific amount, however, during my telephone conversation, he stated a contribution in the range of $40,000 - $60,000 would help their interim situation. This agency is expected to generate local support for their job training program. The parent company is located in California. Based on what I know of this agency, they do provide excellent job training and placement opportunities. The JPTA moneys are fairly certain for the fall and are allocated based on the number of anticipated participants. Students are eligible for Pell Grants and other sources of financial aid. It appears these 10 students, without immediate assistance, will have to delay job training and he believes he will loose a significant number of them thereby jeopardizing the corporate office confidence in their ability to generate local support. Their Belle Glade office was recently closed; participants from the western part of the County must now travel to Delray Beach. My recommendation would be not to fund the emergency request based on information gained from my research. Incidentally, the agency has designated dollars from the Martin/Palm Beach County Fundation that could be reallocated to address this urgent need. Mr. Gainer indicated that he is requesting approval to do this. MEMORANDUM TO: City Commission From: David T. Harden, City Manager cynic-.- i SUBJECT: Beautification Trust Fund DATE: August 1, 1997 The Beautification Trust Fund Committee was established in 1985. This Committee developed a comprehensive beautification program for the City which was financed largely by a $3.1 million bond issue. With most of its work completed, the Committee dissolved in 1990. Over the past seven years we have continued to complete beautification projects which were part of the original program, but which were delayed because of road construction. Also, a number of projects have been completed which were not part of the original beautification program. Although construction of these projects may not have been funded from the Beautification Trust Fund, maintenance is being funded, or is being proposed for funding from the Trust Fund. The end result is that this year, as staff has predicted for the last two or three years, the Beautification Trust Fund as presented in your Proposed Budget shows a deficit of $30,000 to $100,000. This deficit must be resolved before the budget is finally adopted. Currently, The Trust Fund pays for maintenance of the following areas, which were not envisioned as part of the Comprehensive Beautification Program: Atlantic Avenue Greenways $16,300 Military Trail medians at DeI-Airo 5,660 N.VV. 9th Avenue lot, north of Atlantic 4,160 In addition, the following are proposed to be added this year: Atlantic Avenue east of the Intracoastal $25,000 1-95 Sound Barrier Walls 17,000 Also, Lake Ida Road, which was part of the original program, is to be added this year at an estimated cost of $35,000. In general, we have three options for dealing with this problem: 1) Shift enough areas to the General Fund to balance the Beautification Fund and cover the cost by cutting back other General Fund programs. Beautification Trust Fund Page 2 2) Shift enough areas to the General Fund to balance the Beautification Fund and direct Parks and Recreation to do the best they can with the resources they have. 3) Increase the utility tax from 9.5% to 9.7% and thus the amount dedicated to beautification from 1% to 1.2%. Alternative (1) means shifting part of the cost of beautification to the property tax, something the Trust Fund Committee and the Commission did not want to do in 1985- 88. Alternative (2) would result, I believe, in rapid deterioration in the appearance of many public areas of the City. Our Parks Maintenance staff has difficulty keeping up with their workload already. I recommend alternative (3) as most acceptable. For someone whose electric bill averages $300 per month, it would mean a 60¢ per month increase. DTH:kwg File:u:graharn/ccomm Doc.:Budget. BTF M,~P OF BEAUTIFICATION TARGET AREA ~3EAUTIFICATION TARGET AREAS NORTH/SOUTH FEDERAL HIGHWAY (C-15 CANAL TO GULFSTREAM BLVD.) CONGRESS AVENUE (C-15 CANAL TO L-29 CANAL) HOMEWOOD BOULEVARD (LINTON BLVD. TO W. ATLANTIC AVE.) SWlNTON AVENUE (LINTON BLVD. TO GULFSTREAM BLVD.) EAST/WEST LAKE IDA ROAD (MILITARY TRAIL TO I.C.W.W.) ATLANTIC AVENUE (MILITARY TRAIL TO OCEAN BLVD) S.E. 10th STREET (HOMEWOOD BLVD. TO S.E. 6th AVE) N.E. 8th STREET (SWlNTON AVE. TO I.C.W.W.) LINTON BOULEVARD (MILITARY TRAIL TO OCEAN BLVD.) INTERCHANGE WEST ATLANTIC AVENUE AT 1-95 LINTON BOULEVARD AT 1-95 -Ii- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~"~ / SUBJECT: AGENDA ITEM ~ ~M'- REGULAR MEETING OF AUGUST 5, 1997 APPOINTMENTS TO THE PLANNING AND ZONING BOARD DATE: JULY 31, 1997 The terms for Patricia Archer, Robin Bird and Carolyn Young will expire on August 31, 1997. Mrs. Archer was appointed in April, 1997, to fill an unexpired term. Mr. Bird was appointed in January, 1996, to fill an unexpired term. Mrs. Young was appointed in August, 1995, and has served one full term. They are all eligible and would like to be considered for reappointment. Attendance records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. The term is for two (2) years, beginning September 1, 1997, and ending August 31, 1999. The list of applicants is attached for your review. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. Copies of non-conforming landscape violations are attached for Carolyn Young. Mrs. Young has met with the landscape inspector and has stated that she is in the process of correcting the violations. The order of appointment will be as follows: Commissioner Egan (Seat #2) Commissioner Ellingsworth (Seat #3) Commissioner Randolph (Seat #4) Recommend appointment of three (3) members to the Planning and Zoning Board for two year terms ending August 31, 1999. re f: agmemo Appointments to the Planning and Zoning Board City Commission Reqular Meetinq of Auqust 5, 1997 The following have submitted applications for consideration: Sandra Almy Donald Allgrove (currently on Civil Service Board) Edward Aptaker (currently on the Affordable Housing Advisory Committee) Patricia L. Archer (incumbent) J. Kent Atherton John G. Baccari (currently on the Board of Adjustment; has also applied for SPRAB) Robin Bird (incumbent) William C. Branning (also applied for SPRAB, BOA & BCA) Ronald Brito (has applied for reappointment to BCA and also for SPRAB, HPB and BOA) Maryellen Byrne-Murphy Helen Coopersmith (also applied for SPRAB) Peter E. Costello Kenneth J. Damian (also applied for SPRAB) Michael S. Dudeck, Jr. Joseph Farkas (also applied for HPB) Bernard Federgreen (also applied for SPRAB, HPB, BOA) Sharon Fowler (also applied for SPRAB, HPB) Michael Goldman Bob Griek Ruth Hauser (also applied for HPB) Daniel P. Hess (currently on BCA with term ending 8/31/97, not eligible for reappointment; has also applied for SPRAB) Anne Hoctor (also applied for BOA) (continued ...) George Maso Jones currently on the Affordable Housing Advisory Committee; has also applied for SPRAB, HPB) Leo Koppman (also applied for BOA) Mark Krall Harriet Lerman Gall Lee-McDermott (also applied for SPRAB, HPB) P. Michael Manning Arthur J. Menor William E. Morris Ralph Morse (also applied for HPB) Rosalind Murray (currently on the Education Board) Steven Neubarth (also applied for SPRAB) Arthur B. NeJame Sylvia Gwynn Pecaro Michael K. Plum Sherry Morris Potts Scott Reinhart Benjamin F. Ricker III (also applied for BOA) Randee S. Schatz (also applied for SPRAB, HPB, BOA) Timm R. Sweeney (also applied for HPB) Stanley Watsky Carolyn L. Young (incumbent) Gregory E. Young (also applied for SPRAB, HPB) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~:[ SUBJECT: AGENDA ITEM # ~'- REGULAR MEETING OF AUGUST 5, 1997 APPOINTMENTS TO SITE PLAN REVIEW AND APPEARANCE BOARD DATE: JULY 31, 1997 The terms for Richard Sheremeta (engineer) and E. Conrad Sittler, Jr. (layperson) will expire on August 31, 1997. In addition, there is a vacancy for a layperson due to the recent appointment of Mark Little to the Community Redevelopment Agency. Mr. Sheremeta has served two full consecutive terms and is not eligible for reappointment. Mr. Sittler has served one full term. He is eligible and would like to be considered for reappointment. Attendance records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. In addition, one member shall be a registered architect or a registered professional civil engineer. The term is for two (2) years, beginning September 1, 1997, and ending August 31, 1999. The list of applicants is attached for your review. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The order of appointment will be as follows: Commissioner Randolph (Seat #2) - layperson Mayor Alperin (Seat #5) - architect/engineer Commissioner Schmidt (Seat #1) - layperson Recommend appointment of three (3) members to the Site Plan Review and Appearance Board for two year terms ending August 31, 1999. ref: agmemol Appointments to the Site Plan Review and Appearanceg Board City Commission Reqular Meetinq of Auqust 5, 1997 Applicants for architect/enqineer position: Shane Ames (architect; also applied for HPB) John Baccari (architect; currently on BOA with term expiring 8/31/98; also applied for P&Z) John Krane (engineer) David Martin (architect) Applicants for layperson positions: Bonnie Ansbacher (also applied for HPB) William C. Branning (also applied for P&Z, BOA, BCA) Robert Brewer (also applied for HPB) Ronald Brito (has applied for reappointment to BCA and also for P&Z, HPB and BOA) Helen Coopersmith (also applied for P&Z) Kenneth J. Damian (also applied for P&Z) Michael Eisenrod (also applied for BOA) Bernard Federgreen (also applied for P&Z, HPB, BOA) Anne R. Ford Sharon Fowler (also applied for P&Z, HPB) Daniel P. Hess (currently on BCA with term ending 8/31/97, not eligible for reappointment; has also applied for P&Z) Richard Kheel George Maso Jones (currently on the Affordable Housing Advisory Committee; has also applied for P&Z, HPB) Barbara Libbey Gail Lee-McDermott (also applied for P&Z, HPB) Steven Neubarth (also applied for P&Z) (continued ...) Randee S. Schatz (also applied for P&Z, HPB, BOA) Rhonda Sexton (also applied for HPB) E. Conrad Sittler (incumbent) Chris Stray (currently on Code Enforcement Board) Charles Williams Gregory E. Young (also applied for P&Z, HPB) SITE PLAN REVIEW AND APPEARANCE BOARD 1997 Jan Feb Nar Apr Nay Jun Jul Aug Sep Oct Nov Dec VACANCY Arnold Smith (appnt 4/97) P A/P P/P P/P J. Michael Pakradooni P/A P/P A/A P/P/P p/P P/A P/A Richard Sheremeta P/P P/P P/P A/P/P P/P P/p p/p Thuy Shutt P/P P/p ?/p P/P/P p/p P/P P/P Daniel Carter A/P P/P P/P P/P/P P/P P/P P/P E. Conrad Sittler, Jr.~ P/P P/A P/P P/P/P P/p A/P A/P SITE PLAN REVIEW AND APPEARANCE BOARD 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mark Little A/P p/p p/p P/A P/A P/P P/P/P P/P P p/p p/p p/p Patty Miller Andrews P/P P/A P/A P/P P/P P/P A/P/Pi P/P A P/P P/p p/p J. Michael Pakradooni (appnt 4/96) P P/P P/A P/A/PI P/P P A/P P/P P/P Richard Sheremeta p/p p/p p/p p/p p/p P/P A/P/Al P/P P P/P P/P P/A Thuy Shutt (appnt 8/96) P P/P P/P P/P Daniel Carter P/P P/P P/p P/P P/A P/P A/P/PI P/P P p/p p/p E. Conrad Sittler, Jr P/P P/P P/A P/P A/P P/P P/P/Pi P/P P P/P A/P P/A SITE PLAN REVIEW AA~D APPEARANCE BOARD 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Patty M. Andrews P/P P/P P/P P/P PPP P/A P/P P/P P/P P/P P/P P/P Richard Mouw P/P P/P E/P P/P PPP P/A P/A P/P P/A P/P P/P P/A Charles Toth P/P P/P P/P A/A PPP P/P P/P P/P A/P A/P P/P A/P Daniel T. Carter P/P P/E P/P P/P PPP P/P P/P P/A P/P P/P P/P P/P Richard Sheremeta P/P P/P P/P P/P PPP A/P P/P A/P p/p A/P P/P P/P Mark Little P/P P/P P/P A/P PPP P/P P/P P/P P/P P/P A/P P/P E. Conrad Sittler, Jr. (appnl 8/95~ P/P P/P P/P P/P MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~7- _ REGULAR MEETING OF AUGUST 5, 1997 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD DATE: JULY 31, 1997 The terms for John Vaughn, Debora Turner Oster and Anthony Damiano will expire on August 31, 1997. Mr. Vaughn has served two full consecutive terms and is not eligible for reappointment. Mrs. Oster has served one full term. Mr. Damiano was appointed in March, 1997, to fill an unexpired term. They are both eligible and would like to be considered for reappointment. Attendance records are attached. Please note that on the attendance for Mr. Damiano, the first regular meeting for July was cancelled. The City Attorney does not feel the three meeting rule can be enforced since there were not three regular consecutive meetings held. Mr. Damiano was out of the country attending culinary school. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. In addition, the City Commission shall appoint professional members from the fields of architecture, landscape architecture, history, architectural history, licensed contractor familiar with restoration, planning, archaeology, or other historic preservation related fields such as design, urban planning, American studies, American civilization or cultural geography, provided there are applicants available. Laypersons of knowledge, experience and judgment having an interest in historic preservation should compose the balance of the membership. Further, preference should be given to professional and lay people who own property within historic districts or whose property is listed in the Local Register of Historic Places. The term is for two (2) years, beginning September 1, 1997, and ending August 31, 1999. The list of applicants is attached for your review. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The order of appointment will be as follows: Commissioner Schmidt (Seat #1)-~P~,~n~ Commissioner Egan (Seat #2)-~?~,'~ Commissioner Ellingsworth (Seat Recommend appointment of three (3) members to the Historic Preservation Board for two year terms ending August 31, 1999. ref:agmemo2 Appointments to the Historic Preservation Board City Commission Reqular Meetinq of Auqust 5, 1997 The following individuals have submitted applications for your consideration. The list is separated into those persons owning property in an historic district and other applicants. Owns property in an historic district: Shane Ames (architect; Del-Ida Park; also applied for SPRAB) Cecil A. Jamison (architectural drafting; Del-Ida Park) Mary Lou Jamison (interior design courses; Del-Ida Park) Tony Keller (contractor; Del-Ida Park) Frank Rozzo (layperson; Old School Square) Other applicants: Bonnie Ansbacher (interior design; also applied for SPRAB) Janet Baron (layperson; real estate background; currently serving as a regular member on BOA) Robert Brewer (layperson, architectural studies; also applied for SPRAB) Ronald Brito (has applied for reappointment to BCA and also for P&Z, SPRAB and BOA) Anthony Damiano (incumbent; layperson leasing historic house Gloria Elliott (layperson) Joseph Farkas (layperson; also applied for P&Z) Bernard Federgreen (retired; also applied for SPRAB, P&Z, BOA) Sharon Fowler (geography; xeriscape advisor; planning courses; also applied for SPRAB, P&Z) Ruth Hauser (geography/planning degree; also applied for P&Z) George Maso Jones (layperson; realtor; currently on the Affordable Housing Advisory Committee; has also applied for SPRAB, P&Z) Gail Lee-McDermott (art major; architectural courses; also applied for SPRAB, P&Z) (continued ... Ralph Morse (layperson; photography; also applied for P&Z) Debora Turner Oster (incumbent; landscape architect) Randee S. Schatz (attorney & realtor; also applied for SPRAB, P&Z, BOA) Rhonda Sexton (interior design; also applied for SPRAB) Carmelita Smith (teacher; currently on the Affordable Housing Advisory Committee) Timm R. Sweeney (marketing; also applied for P&Z) Gregory E. Young (attorney; also applied for SPRAB, P&Z) HISTORIC PRESERVATION BOARD 1997 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Debora Turner Oster P/A P/A P/P P/A P P/A P Anthony Damiano (appnt. 3/97); P P/P P A/A A John Vaughn P/P A/P P/P P/A P P/P aP John P. Johnson P/P P/P P/P A/P P P/P '~A Vera R. Farrington A/A P/P P/A P/A P A/P i~p~ Betty Diggans P/P P/P P/P P/P P P/P P Susan Hurlburt P/P P/P A/P P/P P P/A A HISTORIC PRESERVATION BOARD 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Debora Turner Oster P/P P/A A PPP P/P A/P P/P A/P P/P A/P A Pat Healy-Golembe P/P P/A A AAP P/P P/P P/P P/P A/A P/P P John Vaughn P/P P/P P PPP P/P P/P P/A P/P P/P A/P P John P. Johnson ~ P/P P/P P PPP P/A P/P P/P IA/P P/A P/A P Vera R. Farrtngton :~ A/P P/P P AAP A/P P/P P/P [A/P P/P P/P P Betty Diggans (avvnt 8 95~ P/A A/A P/P P Susan Hurlburt (appnt 3/96) P PPP P/P A/A P/P P/P P/P P/A P HISTORIC PRESERVATION BOARD 1995 Jam Feb Mar Apr May Jun Jul Aug Sep 0¢~ Nov IIII I III I I I · · James "Buck" Miller P P/P P/P P/P P/P P P P P/P P/A P/P P/P Vera R. Farrington P P/E E/P P/P A/P P P A P/P P/P A/P Julie Morgan P E/P P/P A/P P/P A P P P/P A/P P/P P/P John Vaughn P P/E P/P P/P P/A P P P P/A P/P P/P John Johnson (appnt 6/ 75) P P P/P P/P P/P P. Healy-C;olembe (appn 8/95! A/P P/A P/P Debora Oster (appnt 8/ 75) P/P P/P P/P MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~ / SUBJECT: AGENDA ITEM # ~'~'- REGULAR MEETING OF AUGUST 5, 1997 APPOINTMENTS TO THE BOARD OF ADJUSTMENT DATE: JULY 31, 1997 The terms for reqular members Cheryl Lee-Bennett and Jess Sowards will expire on August 31, 1997. Mrs. Lee-Bennett has served two full consecutive terms and is not eligible for reappointment. Mr. Sowards was appointed in November, 1995, to fill an unexpired term. He is eligible and would like to be considered for reappointment. The terms for alternate members Richard Brautigan and Perry DonFrancisco will also expire on August 31, 1997. Mr. Brautigan is not interested in being considered for reappointment. Mr. DonFrancisco is eligible for reappointment and would like to be considered for regular membership as well as alternate. Attendance records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. The term is for two (2) years, beginning September 1, 1997, and ending August 31, 1999. The list of applicants is attached for your review. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The order of appointment will be as follows: Commissioner Randolph (Seat #4) - regular member d~D ~;l~ Mayor Alperin (Seat #5) - regular member Commissioner Schmidt (Seat #1) - alternate member ~n£ Commissioner Egan (Seat #2) - alternate member~£~f~g~ Recommend appointment of two (2) regular members and two (2) alternate members to the Board of Adjustment for two year terms ending August 31, 1999. ref:agmemo3 Appointments to the Board of Adjustment City Commission Reqular Meetinq of Auqust 5, 1997 The following have submitted applications for consideration: William C. Branning (also applied for SPRAB, P&Z, BCA) Ronald Brito (has applied for reappointment to BCA and also for SPRAB, HPB and P&Z) Perry DonFrancisco (incumbent as alternate; interested in regular membership as well) Michael Eisenrod (also applied for SPRAB) Bernard Federgreen (also applied for SPRAB, HPB, P&Z) Anne Hoctor (also applied for P&Z) Leo Koppman (also applied for P&Z) Benjamin F. Ricker III (also applied for P&Z) Randee S. Schatz (also applied for SPP~AB, HPB, P&Z) Jess Sowards (incumbent, regular member) BOARD OF ADJUSTMENT 1997 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Jess Sowards P John Baccari P Cheryl Lee-Bennett P Janet Baron P Lee Wilder, Jr. A ALTERNATES Richard Brautigan A Perry DonFrancisco P BOARD OF ADJUSTMENT 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jess Sowards P A P P P A P P/P P P John Baccari P P P P A P P P/P P P Cheryl Lee-Bennett P P A P A P P A/P P P Janet Baron (appnt ref member 8/9( ) P/P P P Lee Wilder, Jr. A P P P P P P/P P A (reg. member 2/9(i) Alternates Richard Brautigan (apg 2/96) A A A A A A/A A A Perry DonFrancisco (a]pnt 8,96) P/P P P BOARD OF ADJUSTMENT 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Michael G. Park P P/P p p p Robin Bird P P/P P p p John Baccari (al,Pnt 8/95) P/P P P P Cheryl Lee-Bennett P p/p p p p Jess Sowards (appnt' [1/95)i p p Alternates C. Lee Wilder Ex A/A P p MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~'~' - REGULAR MEETING OF AUGUST 5, 1997 APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: JULY 31, 1997 The terms for the following members on the Board of Construction Appeals will expire on August 31, 1997: Roy Simon (architect) Daniel P. Hess (master plumber) Ronald Brito (general contractor) Donald MacLaren (sign contractor) Mr. Simon and Mr. Hess have both served two full consecutive terms and are not eligible for reappointment. Mr. Brito and Mr. MacLaren have each served one full term. They are eligible and would like to be considered for reappointment. Attendance records are attached. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. The term is for two years, beginning September 1, 1997, and ending August 31, 1999. The list of applicants is attached for your review. Please note there are no applications at this time for the master plumber position, although staff is actively seeking qualified applicants. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The order of appointment will be as follows: Mayor Alperin (Seat #5) _ architect~~ Commissioner Schmidt (Seat #1) - master pl Commissioner Egan (Seat #2) - general contractor~~ , Commissioner Ellingsworth (Seat #3) - sign contracto~z{~~~ Recommend appointment of four (4) members to the Board of Construction Appeals for two year terms ending August 31, 1999. If no applicants are available for a position, I recommend postponement of that particular appointment until a qualified applicant becomes available. ref:agmemo4 Appointments to the Board of Construction Appeals City Commission Reqular Meetinq of Auqust 5, 1997 The following have submitted applications for consideration: Applicants for architect position: George Brewer Applicants for master plumber position: No applications on file at this time. Staff is continuing to solicit applications through the Community Improvement Department. Applicants for qeneral contractor position: William C. Branning (also applied for SPRAB, BOA & P&Z) Ronald Brito (incumbent; also applied for P&Z, SPRAB, HPB, & BOA) Dominick Sarlo Leonard R. Sheppard Applicants for siqn contractor position: Donald MacLaren (incumbent) BOARD OF CONSTRUCTION APPEALS 1997 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Ronald Brito P P Daniel T. Davis A P Daniel P. Hess P p Roy M. Simon P p Michael Lang P P Michael Kilbourne P A Donald MacLaren P A Murray Gold P P Joseph Pike P P BOARD OF CONSTRUCTION APPEALS 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Ronald Brito P P Daniel T. Davis P P Daniel P. Ness P P Roy M. Simon P ~ ~ A Michael La~g (appnt 8/96) ~ ~ p Michael Kilbourne A ~ ~ P Donald MacLaren A P Murray Gold P A Joseph Pike P A BOARD OF CONSTRUCTION APPEALS 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Daniel T. Davis p A Arthur King P P Michael Kilbourne P P Murray Gold P P Joseph Pike P P Daniel T. Hess Ex P Roy M. Simon P A Donald MacLaren Ex P Ronald Brito (appnt. /95) P ~&I~C~~ ggSZ~SS ~D~SS' (BCreeC, ,City, Zip CO~e) .. LXST ~L CXTY ~0~S ON ~I~ ~OU ~ ~Y.S~VI~G OE ~VE ~V/OUSLX SEXVE~ (Please ~clu~e ~aces) LIST'~ ~LkT~ ~EOTESSIOR~ CEETZEICATZOtIS ~ LZC~SZ$ ~ZC~ YOU ~OLD GI~ X~ ~S~, OX ~OST ~CE~T ~LO~E, ~ POSITION DESCRIBE ~[~CES, ~gTI,LB OR ~O~,~fiE ~TCR QITAT.T~ YflH TO ~ERVE OB ~I~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ ~- REGULAR MEETING OF AUGUST 5, 1997 PROPOSAL REGARDING ENFORCEMENT OF CITY CODE SECTION 101.27, "ANIMAL REGULATIONS" DATE: AUGUST 1, 1997 Attached is a request from Mr. John Marino to consider his proposal to allow dog owners to take their dogs to the beach without penalty. Specifically, he proposes that dogs be allowed on the north end of the municipal beach. I asked for comments from the Director of Parks and Recreation and the Police Chief. Their responses are attached as well as comments from our Beach Supervisor. I have also included a copy of Section 101.27 from the code. I recommend that Mr. Marino's proposal be rejected. ref:agmemo8 Section 101.25(E) The Commission shall place restrictions on the activity as it deems appropriate. (E) The Commission shall not permit, and nothing herein shall be construed to allow, the activity proscribed or prescribed herein to be conducted on any portion of the State Road A1A (Ocean Boulevard) right-of-way maintained by the state, or its designees. ('80 Code, Sec. 17-22) (Ord. No. 54-83, passed 8/9/83) Penalty, see Sec. 101.99 Section 101.26 SIGNS. No person shall expose, distribute or place any sign, advertisement, circular, notice or statement, or display any banner, emblem or design, within any park, recreation or municipal beach site without specific permit from the Parks and Recreation Department. Penalty, see Sec. 101.99 Section 101.27 ANIMAL REGULATIONS. (A) No person shall herd, graze or permit to run at large within any park any cattle, horse, mule, donkey, goat, swine, sheep or other animal, or any poultry or other fowl. (B) No person shall bring into, have or keep in any park, recreation or municipal beach site, any cat, dog or other animal without a specific permit from the Parks and Recreation Department. Penalty, see Sec. 101.99 Section 101.28 OBEDIENCE TO LIFEGUARDS. The duly employed lifeguards of the city are authorized to require persons using the beach to obey reasonable commands designed to protect the public and public property in the use of the municipal beach, and the failure to obey any lawful command of the guards shall be a violation of this code. ('80 Code, Sec. 17-15) (Ord. No. 33-79, passed 5/29/79) Penalty, see Sec. 101.99 $gction 101.29 UNDRESSING ON BEACH: INDECENT APPAREL. (A) No person shall dress or undress on the beach except in taking off or putting on dressing robes and shoes. ('80 Code, Sec. 17-16) IX. 148 '7/28/97 - Joe Weldon Chief Overman Please review the attached proposal a~[pro~'i~e with your comments asap. M~. Marino has requested that this be placed on the August 5th agenda. Joh ~'~ M~ 0 Thanks! July 25, 1997 To the City Manager and the Town Council of Delray Beach: Honorable Jay Alpem, Mayor Mr. David Randolf, Commissioner Mr. Kenneth Ellingsworth, Commissioner Mr. Kevin Egan, Commissioner Mr. David Schmidt, Commissioner Gentlemen, Attached is a proposed compromise to the current situation regarding enforcement of ordinance 101.27, Animal Regulations. I am a qualified voter of the city and am respectfully asking the commissioners to reconsider the ordinance in light of the attached proposal. I would like to be placed on the agenda for the August 5, 1997, regular meeting of the City Commission, or speak at the public hearing segment of that meeting's agenda. I believe this proposal is a fair and reasonable compromise to the present state of affairs. Given Delray's past reputation as a group of citizens willing to work together, and the commission's desire in the past to make this a reality, I think we can arrive at a solution acceptable to all of'the diverse needs of our citizens. Thanking you in advance for your attention to this matter. Sincerely, 815 Palm Trail, PH, Delray Beach, Florida 33483, (561)272-4699 COMPROMISE PROPOSAL TO AMEND ORDINANCE 101.27 - ANIMAL REGULATIONS Prepared for Town Council Meetin~ - 8/5/97 Submitted by: John Marino 815 Palm trail, PH Delray Beach, FL 33483 (561) 2724699 Current Situation Within the past two months, the Delray Beach Police department has been enforcing ordinance 101.27, which prohibits any animal on municipal beach sites without a permit. This has resulted in fines and/or arrest records for dog owners who, prior to this, have for a long period of time (in some cases, eight years or longer), taken their dogs to the beach without penalty. This creates a situation of disharmony between the city and its citizens, as xvell as among citizens with opposing points of view on the matter. This has prompted my proposal, which I hope ~vill be seriously considered. Proposed Compromise - Alternative One The Northernmost area of Delray's municipal beach (See below map) is less populated by bathers. Specifically, this is an area approximately 200 yards along AIA (Ocean Avenue) that begins about one quarter mile (1/4 mile) south of George Bush Blvd. (NE 8th Street) and continues south to Beach Drive. Tiffs encompasses the Boat launching area and the north most entrance to the municipal beach. This also includes two other points of entry and one shower facility. The proposal is simply to permit dog owners entry at these northernmost points and permit them to go north, either within Delmy or beyond to neighboring towns. There would be a prohibition from going any further south into the Atlantic Ave area and beyond where the heavy concentration of bathers, etc. congregate.' In addition, recognizing that part of the problem is the conduct of the dog owners, a code of etiquette for dog owners (see attached) would be posted and strictly enforced not only by authorities, but by other dog owners who encounter bre~ches to the rules. This compromise provides everyone with a win win situation, and requires no bureaucratic amendments, costly referendums, etc. We should give this compromise a trial run until the end of the year and reconvene at the first Town Council meeting in 1998 to evaluate the merits of this compromise and make permanent an agreement. In the meantime, the police and the courts need to refrain from the arrests and fines they are imposing on citizens. Boat Launching Area George Bush E~Ntt & A1A Beach Dnye & A1A Northmost Entrance Entrance Entrance ~ully Submitted, Attached: Dog owner Code of Etiquette [IT¥ ElF BELRI:I¥ IIEI:I[H RE~LRoAY. B,E^~ ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 1993 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: John Marine's Proposal DATE: August 1, 1997 I have asked our Ocean Rescue staff to review the proposal of Mr. John Marine concerning allowing dogs on the north end of the beach. Attached for your review are their recommendations. I concur with these recommendations, and do not believe that dogs should be allowed east of the curb on A1A. As you are aware, many people use our beach for recreational activities, as well as the walkway along A1A for walking, jogging or just an evening stroll. I have personally witnessed individuals bringing their unleashed dog on the north end of the beach and disturbing other beach patrons. Also, I do not believe dogs on the beach are compatible with our efforts to encourage turtle nesting. Should you need any additional information, please contact me. Jo ldon Direr-for of Parks and Recreation Attachment cc: Chief Richard Overman, Police Chief Rich Connell, Beach Supervisor Ref:dhnodogs THE EFFORT ALWAYS MATTERS Printed on R~ycted P~er Delray Beach Ocean Rescue 340 South Ocean Blvd. · Deiray Beach, Florida 33483 · (561)243-7352 · FAX(561)243-7270 To: Director of Parks and Recreation o Joe Weldon From: Beach Supervisor - Richard Connell Subject: Proposal to City Manager and Council from Mr. John Marmo Date: 1, 1997 I have not or counties m SoutheaSt Florida which allow dogs or any other animals at Lcoa~ ducted a telephone survey of Palm Beach and information on~ig subjoct. Approximately three years ago the mayor of anfl/Owner,.proP'~ to the city council that dogs be allowed on Ft. Lauderdale a programsuper~ised by Park Ranger Earnest Jones of the Ft. Lauderdale Appr0 ~xjmately a 100 yard width of the beach has been designated for 5:00 p.m. and 9:00 p.m. Dog owners must purchase a are required to wear highly visible identification tags. The dogs ~e the park ranger is physically present for the duration to supervise the I met with three police officem:~xom~tla6 Police Department to discuss this matter. Our consensus was that this type to manage. Unlike Ft. Lauderdale beach, our beach is not visible fromthe persons to illegally bring dogs onto other areas of the beach. What about, Me do~er,,~o~ ~forg~ his perma, and other issues such as who would patrol or enforce this pro~m~!~blice ~/~P~k Range~? What liabil~'.occurs for the city m the event a dog slips outside the de~i~., ~ area and;~attaCkS· a ~ch patronT. ~O..will, be responsible for the enforcement of the clean~?6f dog' feces? Where and how will owners properly dispose of dog feces? How will unruly dog ~0r~managed? what about other types of animal pets and their owners? Who will issue citations to::;O'e~sons refusing to comply with such a program? Another issue involves the sea turtle egg laying season from April 1 to October 1. During this time of year it is illegal to disturb sea turtle egg nests buried in the sand. A basic canine instinct is to dig in the sand, therefore it would not be prudent to encourage the presence of dogs at the beach during the turtle nesting SeaSOB. ref.' weldon2.doc t: EIVE0 AOB' 1 I love dogs and have owned several dogs over the years. Although I empathize with the dog owners, I cannot agree it is practical or prudent to designate a specific area of the beach for dogs. Due to our history of dog bites, poorly trained dogs, and dog owners who fail to remove feces after their pets relieve themselves, I recommend the existing city codes remain in force to insure the general public's safety and health. Richard Connell Beach Supervisor cc: Assistant Director of Parks and Recreation - Joe Dragon ¥~: weldon2.doc DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: David Harden, City Manager ~-~ FROM: Chief Richard G. Overman Police Department DATE: July 29, 1997 SUBJECT: ENFO~ OF CITY ORDINANCE 101.27 ANIMAL RF. IgULATIONS, SPEOFIC, AII,Y ON TglE BEACH. First and foremost the Delray Beach Police Department has taken a proactive enforcement position because we were requested to do so by the Parks and Recreations Department, The Sea Turtle Management Team and numerous citizen complaints about dogs on the beach. Because of our new community policing deployment plan we can now give problems such as this far more consistent attention than in the past. When the enforcement effort first began a 30 day warning period was imposed in reference to those who had been violating in the past and had not been challenged. Since the initial warning period, summons have been issued to violators. As you know, we do not establish policy on matters such as this but enforce them where possible. My input for your decision making purpose is as follows: 1. The police department was requested to take action by Parks & Recreations because the lifeguards experience problems with violations. 2. The "Turtle Management Team" continually complain every year about harassment by dogs on not only them personally but to the turtle nests also. 3. Numerous citizen complaints come to the department from private citizens concerned about the dogs. Mr. Marino has taken a reasonable approach by offering a solution. I personally do not believe it will work. Although, I am sure he would comply fully, others will not. Because I live on the beach and I am over there almost on a daily basis I will say that my first hand observation is that it is a nuisance especially at, er 5 p.m. when the lifeguards leave. Dogs are released uncontrolled and while most are not dangerous, I have encountered larger more intimidating dogs that I was not sure of. Should you require any further discussion or input please advise. haw XC: Joe Weldon MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~7' ~ I SUBJECT: AGENDA ITEM # /O~- REGULAR MEETING OF AUGUST 5r 1997 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 29-97 (AMENDMENTS TO CIVIL SERVICE ACT) DATE: AUGUST 1, 1997 The 1997 legislature passed and enrolled HB 521 which provided for certain amendments to the Delray Beach Civil Service Act. The enrolled bill is attached for your information. Ordinance No. 29-97 amends the City's code to conform with the changes in the Act. In summary, the changes are as follows: Section 1: Part time employees, assistant city managers, police majors (along with department heads, temporary employees and those appointed by the City Commission) are not covered under the Act. Provides for the return of police majors to a previously held civil service position. Section 2: The word "grade" is omitted and the words "position" and "classification" are substituted. Provides layoff and bumping rights, and for recall upon restoration of position. Section 3: Provides for dismissal due to changes in the work and appointment to vacant positions if qualified. Section 4: Repeals Section 35.014. Section 5: Renumbers Section 35.015 to 35.014. At first reading on July 15, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 29-97 on second and final reading. ref:agmemo6 ORDINANCE NO. 29-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "CIVIL SERVICE", SECTION 35.002, "APPLICATION; EXCLUSIONS", BY AMENDING SUBSECTION (A), TO PROVIDE CLARIFICATION OF POSITIONS NOT COVERED BY THE ACT AND BY CREATING A NEW SUBSECTION (C), TO PROVIDE CERTAIN PROTECTIONS FOR POLICE MAJORS WITH PREVIOUS CIVIL SERVICE STATUS WITH THE CITY; AMENDING SECTION 35.007, "FIXING PAY AND GRADE THROUGH BUDGETARY PROCESS", BY AMENDING THE TITLE TO "FIXING PAY, POSITION AND CLASSIFICATION THROUGH BUDGETARY PROCESS"; AND SUBSECTIONS (A), (B), (C) AND (D), TO PROVIDE REFERENCES TO POSITIONS AND CLASSIFICATIONS, BUMPING RIGHTS, RIGHTS UPON RESTORATION OF POSITION, AND A HEARING PROCESS TO DETERMINE CONTESTED SENIORITY RATINGS; AMENDING SECTION 35.013, "DISMISSAL", BY AMENDING SUBSECTION (A) TO PROVIDE FOR THE DELETION OF REFERENCES TO GRADE, SUBSTITUTING THE WORD POSITION, PROVIDING FOR REAPPOINTMENT BY THE CITY MANAGER TO VACANT POSITIONS UNDER CERTAIN CIRCUMSTANCES; REPEALING SECTION 35.014, "RETAINMENT OF RANK, GRADE AND SENIORITY; REDUCTION OF NUMBER IN GRADE"; AMENDING SECTION 35.015, "PREFERENTIAL BONUS POINTS", BY RENUMBERING SECTION 35.015 TO SECTION 35.014, "PREFERENTIAL BONUS POINTS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, authorized changes to the Civil Service Special Act; and WHEREAS, the changes to the Special Act were passed by the 1997 Legislature of the State of Florida, as embodied in enrolled local bill HB 521; and WHEREAS, the City Commission desires to amend its ordinance to conform to the changes enacted by the legislature. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", heading "Civil Service", Section 35.002, "Application; Exclusions", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 35.002 APPLICATION; EXCLUSIONS. (A) All persons regularly employed by the municipality in any department shall be construed to come within the provisions of this subchapter, except Assistant City Manaqers, D~epartment heads and Police Majors ~ /~ /~~ /~~ /~ /~ /~ /~ ~~ /~~ /~. This subchapter shall not include any officer or person employed part time or for temporary duty only; nor shall it include employees covered under the terms of a collective bargaining agreement, or expired collective bargaining agreement which is subject to renegotiation unless otherwise expressly provided in this subchapter or in the code of rules and regulations or in the collective bargaining agreement. (B) The provisions of this subchapter shall not apply to those persons appointed by the City Commission. (C) An employee appointed to the position of Major in the police department after October 1, 1996, with previous permanent status under the Civil Service Act, shall have the riqht to return to the employee's previously held civil service position. Section 2. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", heading "Civil Service", Section 35.007, "Fixing Pay and Grade Through Budgetary Process", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 35.007 FIXING PAY, POSITION AND CLASSIFICATION ~ THROUGH BUDGETARY PROCESS. (A) The City Commission ~~//~~//~f//~ ~~l~ shall fix the pay of all employees, shall fix the number of positions ~~ in each particular classification in each department ~ and may increase or reduce the number of positions in any classification or the number of classifications in each department ~/~, or may abolish any classification or position in any or all departments ~/~, through the budgetary process. The City Manager may vary the number of positions ~~ in any classification or the number of classifications in any or all departments ~ during the budget year to meet city requirements. - 2 - Ord. No. 29-97 B) In the event of a reduction in the number of positions i__n ~~ /~f any classification in any or all departments or a reduction of classifications in any or all departments ~, the employees ~~ shall be retained ~ /~ /~ according to seniority~i/~/~/~~/~/~/f~/~/~/~/~/~/ ~/~~/~~/~/~/~/~/~/~/ In the event of the elimination of a position or classification within a department, employees who are affected shall have the opportunity to bump back within the department to another position or, if applicable, to another classification, if the employee, in the opinion of the Department Head and the City Manaqer, is qualified for the proposed position and has received a satisfactory performance evaluation for the year precedinq the reduction in force. The employee shall thereafter receive the pay applicable to the new position or classification. In the event the position or classifications previously eliminated in the reduction in force ~ is again increased, those employees ~6~ forced back as aforesaid shall be first to succeed to the restored position or classification previously held by the employee with permanent status ~ /~ according to seniority, without further examination or probationary period. (C) In the event a reduction in the force ~f /~/~ ~~f causes an employee ~/~~/~f/~/~~/~/~f/~/~ to go into inactive duty, the inactive employee ~ /~~ /~ ~~/~ shall not receive any pay, but the inactive employee ~~ shall not lose ~ seniority, provided ~ the inactive employee remains inactive for a period not to exceed one year~ and reenters ~ active duty within ten days after notice has been given to the inactive employee ~ by the City Manager that the ~ position previouslV held by the employee is open. ~~//I~//~II//~//~f~//~f//~ll//~l~//~//~ ~~/ In the event an employee ~ /~~ dissents to the ~ seniority rating, a hearing shall be held by the Board and the seniority determined, and the findings of the Board shall be final. Section 3. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", heading "Civil Service", Section 35.013, "Dismissal", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: - 3 - Ord. No. 29-97 Section 35.013 DISMISSAL. (A) Any permanent employee of the municipality may be dismissed by the City Manager when there is no longer any need for the position held by the employee ~/~/~/~/~~ because of A ~ change in work~ ~/~/~%~~/~f/~/~%~%~/ In the event a vacancy exists elsewhere in the City, ~/~/~/~ ~/~/~/~/~~/ the City Manager may, if the City Manaqer ~ so desires, appoint the ~ employee to fill the vacant position if the employee is qualified for the position and the employee's performance evaluation for the precedinq year was satisfactory./ ~ /~ ~n the event there is no other work for the employee, the employee's dismissal shall be final and there shall be no appeal of the dismissal to the Civil Service Board. (B) Any permanent employee who is dismissed for misconduct or delinquency or who resigns while charges are pending, shall be disqualified from taking any civil service examination in the city within a period of five (5) years thereafter. Section 4. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", heading "Civil Service", of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 35.014, "Retainment of Rank, Grade, and Seniority; Reduction of Number in Grade" I I I I I I Section 5. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", heading "Civil Service", of the Code of Ordinances of the City of Delray Beach is hereby amended by renumbering Section 35.015 to 35.014, to read as follows: Section 35.015~ PREFERENTIAL BONUS POINTS. A preferential bonus of five points shall be added to the examination score of any eligible veteran competing for a civil service position in the city. A preferential bonus of ten points shall be added to the examination score of any eligible disabled veteran or widow of a disabled veteran competing for a civil service position in the city. - 4 - Ord. No. 29-97 Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ~OPTED in regular session on second and final reading on this the 5th day of Au~st, 1997. ~TTEST: City Cl~k First Reading July 15, 1997 Second Reading August 5, 1997 I - 5 - Ord. No. 29-97