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07-23-96 Regular pE, LR~. BEACH, C'F~¥ OF DE'r.9_A¥ B~AC~, FT,O~TDA - CT?¥ CONMISSTO~ R~GU'r.A~ NE~?']'NG AII-AmericaCi~/ The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocat.ed. 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 July 23, 1996 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of July 9, 1996 Special Meeting of July 16, 1996 6. Procl~unations: None 7. Presentations: A0 Frank McKinney - Olympic Torch Bo Cotleur Hearing, Inc. - Lake Ida Road Beautification C. Land Design South - 1-95 Sound Barrier Wall Beautification 8. Consent Agenda: City Manager recommends approval. A. INITIATION OF A CHANGE OF ZONING FOR THE SEACREST PROPERTIES: Initiate a change of zoning from NC (Neighborhood Commercial) District and POD (Professional Office District) to CF (Community Facilities) District for City-owned property located on the west side of Seacrest Boulevard across from Atlantic High School. B. PERMANENT CLOSURE OF S°W. 3RD STREET BETWEEN S.W. 2ND AND 3RD AVENUES: Approve the permanent closure of S.W. 3rd Street between S.W. 2nd and 3rd Avenues associated with the Merritt Park parking improvements, based on positive findings with respect to the City's street closure policy and the Comprehensive Plan. C. FINAL PLAT APPROVAL/EMMANUEL CATHOLIC CHURCH: Approve the final boundary plat for Emmanuel Catholic Church Plat Two. The 2 Regular Commission Meeting July 23, 1996 subject property is located on the east side of Military Trail between Linton Boulevard and Sherwood Boulevard. D. FINAL PLAT APPROVAL/LA SEDONA: Approve the final plat for La Sedona, a proposed 66 unit townhouse development on 11.61 acres. The subject property is located on the west side of Military Trail, approximately 2,800 feet north of Atlantic Avenue. E. RATIFICATION OF CONSENSUS/LAKEVIEW GOLF COURSE CLUBHOUSE: Ratify the Commission consensus of July 16, 1996, to proceed with Option B relative to the Lakeview Golf Course clubhouse project. F. LETTERS TO CONGRESS AND GOVERNOR CHILES ON PROPOSED RULES BY THE FEDERAL COMMUNICATIONS COMMISSION (FCC): Approve and authorize staff to send letters to Governor Chiles and our Congressional delegation requesting their support of efforts to get the FCC to modify its proposed rules concerning open video systems (OVS) and reception devices (satellite dishes). G. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR LAKE IDA ROAD MEDIAN IMPROVEMENTS: Approve an agreement with Palm Beach County specifying the amount of joint project funding with respect to the installation of curbed medians in conjunction with the widening of Lake Ida Road between Congress and Swinton Avenues. The City's portion is $40,966.70, with funding from 334-4144-572-63.31. H. VOCATIONAL TRAINING AGREEMENT WITH THE SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve an agreement between the City and the School District of Palm Beach County for vocational training programs for City employees, with funding from various departmental budgets. I. RENEWAL OF EMPLOYEE ASSISTANCE PROGRAM CONTRACT: Approve renewal of the contract with Human Affairs International, Inc. for the Employee Assistance Program (FY 96/97), at a cost of $3.55 per employee/month, or approximately $29,820.00, with funding from 551-1576-591-31.90. J. MANAGED CARE ARRANGEMENT WITH GENEX SERVICES, INC./WORKERS' COMPENSATION: Approve a 'managed care' arrangement with Genex Services, Inc. for workers' compensation medical claims, at an annual fee of $22,912.56 ($2.63 per employee/month) from 551-1575-591-45.20. K. FUNDING SUBSIDIES/DELRAY BEACH RENAISSANCE PROGRAM: Approve and authorize issuance of funding subsidies totaling $74,398.05 for four eligible applicants under the Delray Beach Renaissance Program ($55,950 from HOME Account #118-1923-554-83.01, and $18,448.05 from SHIP Account #118-1924-554-83.01). L. CHANGE ORDER #2 AND FINAL PAYMENT/MCTEAGUE CONSTRUCTION CO., INC.: Approve deduct Change Order #2 in the amount of -3- Regular Commission Meeting July 23, 1996 $36,596.16 and final payment in the amount of $58,381.34 to McTeague Construction Co., Inc. for the Pompey Park pool and bath house project, from 334-4170-572-63.45. M. AMENDMENT NO. 2 TO SERVICE AUTHORIZATION ~15/CH2M HILL: Approve Amendment No. 2 to Service Authorization #15 with CH2M Hill for consulting services in conjunction with Phase II of the filter media replacement project at the Water Treatment Plant, in the amount of $4,263 from 442-5178-536-61.46. N. RESOLUTION NO. 61-96: Approve a resolution authorizing the City to acquire property located at 235 S.Wo 1st Avenue for the purpose of providing housing pursuant to the City's Affordable Housing Program. Funding in the amount of $33,000.00 is available from 118-1922-554-61.10 (HOPE 3 Program). O. RESOLUTION NO. 56-96: Adopt a resolution assessing costs for abatement action required to board up an unsafe building at 332 N.W. llth Avenue. P. RESOLUTION NO. 57-96: Adopt a resolution assessing costs for abatement action required to remove a septic tank at 4015 N.W. 7th Court. Q. RESOLUTION NO. 58-96: Adopt a resolution assessing costs for abatement action required to demolish an unsafe building at 239 N.W. 10th Avenue. R. RESOLUTION NO. 59-96: Adopt a resolution assessing costs for abatement action required to board up an unsafe building at 303 S.W. 2nd Avenue. S. AERO DRI MATTER/CITY V. AGRICULTURAL INS. CO., ET AL: Authorize the City Attorney to pursue an agreed final judgment in the referenced matter. T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period July 1 through July 19, 1996. U. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Sullivan Brothers, Inc. in the amount of $365,765 for the Brandon Drive utility improvements which include water main, sanitary sewer line including laterals, a lift station, and restoration of driveways and sodded swale areas, with funding from 440-5179-536-69.12. 2. Bid award through the Community Development Block Grant Program to Intercontinental Construction Corp. for a housing rehabilitation project at 507 S.W. 6th Avenue, in the amount of $17,561.00 from 118-1963-554-49.19. -4- Regular Commission Meeting July 23, 1996 3. Grant awards through the SHIP and HOME programs for the rehabilitation of two single family housing units, to be awarded as follows: $15,183 to Intercontinental Construc- tion Corp. for 318 S.W. 9th Street, and $16,559 to Henry Haywood for 350 S.W. 10th Avenue, with funding from SHIP Account No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-49.19c 9. Regular Agenda: A. FY 1996/97 BUDGET - ESTABLISHMENT OF PROPOSED MILLAGE RATE. B. CONTRACT ADDITION (C.O. #2)/GOLDEN EAGLE ENGINEERING CONTRACTORS: Consider a contract addition (Change Order #2) in the amount of $61,822.00 with Golden Eagle Engineering Contractors for installation of an auxiliary sanitary force main, via the East Atlantic Avenue improvements project, with funding from 442-5178-536-61.36. C. SPECIAL EVENT REQUEST/PEACH UMBRELLA PERFECT HARMONY FESTIVAL: Consider a request from the Peach Umbrella Plaza Association for special event approval, including temporary use permit, partial street closures and City staff assistance, for the Perfect Harmony Festival to be held on Saturday, October 5, 1996. D. UNDERWRITING AGREEMENT: Consider terminating the City's underwriting agreement with Smith Barney, Inc. and Stifel, Nicolaus and Company, Inc., and authorize staff to negotiate a new agreement with Smith Barney, Inc. and Raymond James and Associates, Inc. E. WATER BILL ADJUSTMENT POLICY/STATUS REPORT: F. COMMUNITY REDEVELOPMENT AGENCY/SUPPORT REQUEST FOR THE FARMERS MARKET: Consider a request from the Community Redevelopment Agency for support of the proposed Farmers Market to be held on Saturday mornings between November 15, 1996 and May 31, 1997. G. PALM ACTS CONTRACT: Consider approval of a substitute agreement between the City and Palm Acts, Inc. POLICE/FIREFIGHTER PENSION MATTERS/PROPOSED RULES: Consider authorizing the City Attorney to file a challenge to Proposed Rules published by the Division of Retirement pertaining to police and firefighter pension matters. I. APPOINTMENT TO THE EDUCATION BOARD: Appoint a regular member to the Education Board for a two year term ending July 31, 1998. Mayor Alperin's appointment. J. 2ND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY AND THE CRA/SOUTH COUNTY COURTHOUSE: Consider approval of the 2nd Amendment to the Interlocal Agreement -5- Regular Commission Meeting July 23, 1996 between the County, the City and the CRA governing the South County Courthouse project. 10. Public Hearings: A. FIRST READING AND FIRST PUBLIC HEARING: An ordinance amending LDR Section 4.4.24(D) to allow 'Open Air Farmers Market' as a conditional use in the Old School Square Historic Arts District (OSSHAD), and amending Appendix "A" of the Land Development Regulations by adding a definition for 'Farmers Market'. If passed, the second required public hearing will be held on August 6, 1996. B. ORDINANCE NO. 13-96: An ordinance amending LDR Section 6.3.3, "Movable Fixtures within the Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks. (Continued Hearing) 1. ORDINANCE NO. 27-96:: Consideration on FIRST READING of an ordinance amending the City Code by repealing Section 102.40, "Newsracks", and enacting a new Section 102.40, "Movable Fixtures Within The Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks; and repealing LDR Section 6.3.3, "Movable Fixtures within the Right-of-Way". If passed, public hearing August 6, 1996. C. ORDINANCE NO. 25-96: An ordinance amending the Marina Delray SAD (Special Activities District) by modifying the schedule for completion of improvements. The subject property is located at the southeast corner of George Bush Boulevard and Palm Trail. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: None 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JULY 23, 1996 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: WITHDRAWAL OF 8.D. FROM THE CONSENT AGENDA: D. FINAL PLAT APPROVAL/LA SEDONA: The developer has withdrawn this item from the agenda. ADDITION OF 9oK. TO THE REGULAR AGENDA: K. PURCHASE OF H.T.E. SOFTWARE AND NEC COMPUTERS: Consider Police Department purchase of 16 NEC laptop computers from USA Flex, Inc. in the amount of $32,057.64; and software from H.T.E., sole source vendor, in the amount of $43,400, for a total of $75,457.64 from 115-0000-248-99.00. CIT~ O~ DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JULY 23, 1996 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: ADDITIONAL MATERIAL TO 9.E. OF THE REGULAR AGENDA: E. WATER BILL ADJUSTMENT POLICY/STATUS REPORT: Review the City's policy for handling utility bill complaints, including Section 52.51 of the Code of Ordinances which specifies the appeals process. Venture Concepts International, Incorporated July 11, 1996 David Harden RECE~¥E City Manager J~J[ City of Delray Beach 100 N.W. 1st Avenue CITY U~e~p, Delray Beach, Florida 33444 ....... - .. Dear David, In a follow up to our telephone conversation regarding the 1996 Olympic Torch and my sincere hope that, for years to come, all who visit City Hall will be able to enjoy the fact that the Olympic Flame passed through Delray Beach I wish to submit the following for your consideration: l) I would give to the City of Delray Beach, on permanent loan, the 1996 Olympic Torch that I carried thru Delray Beach on July 5th, 1996. 2) I would arrange for a glass case to be built to display the torch. 3) I would request that it be displayed in a location where it will be easily visible for the general public to enjoy, yet be safe from theft (authentic torches that carried the Olympic Flame are being sold for upwards of $10,000). I would suggest a location such as the Commission Chambers lobby, the Commission Chambers or the Building Department lobby, 4) I would like to present it to yourself, the Mayor and City Commission sometime between the next Commission meeting and the end of the 1996 Olympics - I feel the sooner the better so all who see the torch can share in the Olympic spirit during the Olympics. 5) I will supply a plaque that would be displayed with the torch that would read: 1996 OLYMPIC TORCH Commemorating the Olympic Flame passing thru Delray Beach on July 5, 1996 Donated by 1996 torchbearer Frank E. McKinney Let me know your thoughts. Sincerely, Prank E. McKinney FEM/jm 72 Southeast 6th Avenue ° Delray Beach, Florida 33483-5314, U.S.A. Telephone 407. 274.9696 ° Fax 407. 274.0850 MEMORANDUM TO: DAVID HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENTiz~.~ FROM: NANCY DAVILA, HORTICULTURI ST &~¢~/ PRESENTATION OF LAKE IDA ROAD BEAUTIFICATION PLANS DATE: JULY 16, 1996 ITEM BEFORE THE COMMISSION The item before the Commission is the presentation of the proposed beautification plans for Lake Ida Road, between Congress Avenue and Swinton Avenue. The Landscape Architectural firm of Cotleur Hearing will be making the presentation. BACKGROUND Cotleur Hearing, Inc. was selected to prepare the irrigation and landscape plans for Lake Ida Road and to prepare the grant package for application to Beautiful Palm Beaches, Inc., for additional funding. The landscape design within the medians on Lake Ida, between Congress Avenue and Swinton Avenue, will utilize Washingtonia Palms to provide continuity between the 5 medians. Specimen Seagrape Trees, Pigeon Plum Trees, Silver Buttonwood and Live Oak Trees will add to the palette of upper level materials. The understory plantings will be comprised of Saw Palmetto, Cocoplum, Spider Lilies, Ilex shillings and the limited use of Crown of Thorns at the ends of the medians for color. Landscape and irrigation plans are also being done to address N.W. 10th Avenue, for the recently constructed roadway to Spady Elementary, from Lake Ida Road. There will be no grass in the medians. The mulch will be noncypress mulch and weed block fabric will be installed between the curbing and the first row of plants (approximately 2 feet) to reduce the weed growth. Ail planting areas will have a granular pre-emergent herbicide incorporated within the planting beds to reduce weeds as well. The irrigation system has been designed using the Toro/Motorola Irrinet System to be consistent with the City's master irrigation plan for water conservation. Plans are included in your packets for your review. Copies of the plans have been forwarded to the Parks Department for comments and the Site Plan Review and Appearance Board is scheduled to review the plans on Wednesday, July 17, 1996. Funding in the amount of $130,000 is available in Account 334-4144-572- 63.31. Additional funding for the Section of N.W. 10th Avenue, the entrance to Spady Elementary School, in the amount of $15,000 has been requested in the 96/97 fiscal year. The first six months maintenance is included as this is eligible for our portion of the 'match', however, this will be funded our of the Parks Department's budget for the 96/97 fiscal year. Our grant application is requesting funding in the amount of $48,000 from Beautiful Palm Beaches, Inc. Total project costs are estimated at $201,854.00. RECOMMENDATION Staff recommends that the City Commission give consideration to the approval of the proposed irrigation and landscape designs as prepared by Cotleur Hearing, Inc., with funding to come from 334-4144-572-63.31 in the amount of $130,000 to be 'loaded' in the next fiscal year. Additional funding in the amount of $15,000 to be allocated in the 1996/97 budget for the improvements to N.W. 10th Avenue, and approximately $10,000 to be allocated in the Parks Department's Budget for the first 6 months maintenance. The amount of the grant request to Beautiful Palm Beaches, Inc., will be $48,000.00. Date: July 18, 1996 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X__ Regular __ Special __ Workshop __ Consent When: July23, 1996 Description of Agenda Item: Presentation of Lake Ida Road Beautification Plans by Coteur Hearing 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 Alternatives: (if applicable) Account # & Description: Account Balance: City. Manager Review: Approved for agenda: ~e/~/No Hold Until: ' Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 City of Delray Beach PALM BEACH COUNTY, FLORIDA ' - ~ - = ~o~ - Z ~ ~ ~ C - ~ ~ o~ - ~ ~ ~,. ~ .~,.~ ~,~ ~ = = = = ~'~o s,~' z, z ' ' Z ~ 0 ~ ' ::::::::::::::::::::: Z o ~ ~ :~: ~: ~::::: ~ ~:.~::: :J~..~Jl '" Lake Ida Road Beautification ,:., '" City of Delray Beach jjj m ' Palm Beach County; Florida Z -~, Z Z Z Z Lake Ida Road Beautification Palm Beach County, Florida City of Delray Beach E ~ < II ~ tl City of Delray Beach Palm Beach County, Florida MEMORANDUM TO: DAVID HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ FROM: NANCY DAVILA, HORTICULTURIST ~ RE: CITY COMMISSION AGENDA ITEM PRESENTATION OF 1-95 SOUND BARRIER WALL LANDSCAPING DATE: JULY 17, 1996 ITEM BEFORE THE COMMISSION The item before the Commission is the presentation of the proposed landscape design for the 1-95 Sound Barrier Wall, by Land Design South. BACKGROUND Land Design South was selected to prepare the landscape plans for the 1-95 Sound Barrier Wall and to prepare the grant application for additional funding through Beautiful Palm Beaches, Inc. The landscape design features groupings of Washingtonia Palms with an understory planting of Seagrapes shrubs, generally framing the graphics on the walls. Groupings of Sabal Palms underplanted with Fakahatchee Grass, as well as groupings of Royal Poinciana Trees and massings of Slash Pine Trees will also be provided to soften the wall and break up the expanse of the wall by the installation of strong vertical elements. Reduced copies of the plans are included in your information packets for review. The Site Plan review and Appearance Board is scheduled to review the plans Wednesday, July 17, 1996. Funding in the amount of $50,000 has been requested in the 1996/97 budget. The City is requesting approximately $35,000 in additional funding through the grant. Funding for the first six months maintenance has been requested in next years budget out of the Parks Department's operating expenses. RECOMMENDATION Staff recommends that the City Commission give consideration to the approval of the proposed landscape design prepared by Land Design South. Funding in the amount of $50,000 is proposed for allocation for this project in the 1996/1997 fiscal year, and roughly $35,000 will be requested through the Beautiful Palm Beaches, Inc. grant. Date: July 18, 1996 Agenda Item No. ~d AGENDA REQUEST Agenda reqllest to be placed on: X__ Regular __ Special __ Workshop __ Consent When: July 23, 1996 Descripti011 Of Agenda Item: Presentation of 1-95 Sound Barrier Wall Landscaping by Land Design South 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 ~'~/A~'l'[ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 !l]':Ji~l]]!t ~1~ ,. 1-95 SOUND. I LAND~\~/~ ~ I ,~, ,, ;', I'!il ~1 BARRII R' WALLS DESlGN~~{ , :2,~... .... -./...,, CITY, OF., DELR'~'Y.~BEACH I~TEI~TATE !~ D- MATC~LINE "A" - ~ SEE 5~EET 2 OF 4 "~ii ~ BARRII R WALLS DESIGN~ ~i] i~ i~" ~ PREPARED FOR THE SOUTH ?,T_.C~J~ "~,, _ SEE SHEET ~'=0"~'=4''=''' --=------"---= =----"=w~e~a''~ --1 _= ---"----=-----=--.I--- I" I" i,, i~,, Ill. ~[ 1-95 80UND BA~IE~ WALL8 DESIGN~ CITY OF DEL~AY BEACH CITY OF D~RAY BEACH, FLORIDA ~ ~ I ~ ~ MATC.,HLINE "~" - '-- '"'T '-' '" ~ --- ~ --' --" "' -' SEE 5NIEET 2 OF 4 I , t[ ~ ii t ~ ~ PREPARED FOR THE SOUTH~ JJ!JiJJ JJl[!J!]JJ!~J ]JJJ ._j.Jj 'Jill II,JJj jjljjl:lJ Ill ~ 1l ' ':[,'lIi II- ,,,. I ] ~,.I~!. J ~,.,1:,,~j j,~:~l i ~J J ~J~j ~Ji!~! I Jill JjJ~ ?jil~llJli JJiJ]J~!lJ~Jllj~Jjili ;:1I j' [~ ~, I:! ii': I,,. i., ,1 : .i.,., ll[~ t ,., ,. ,I. :..1 ,,, I.,~ ~. I.J,~, ,Iii,,, ', d, j: . .,, I, J~, ,, ,, .~ . ,,,,I,. ,J .... ~, ~ ~t l,,, .' l~i,~ . ', . ~ ,, 1, ~,.,,t,, ,ii !~iji ,,il, l~l, ,111 ~ Ii !~i. I ~ lit I. .tJ ! 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C. _. _ _ _ _ _ ~. _. _.. _. _. _ _. _ _ ~EE SHEET4 OF !li~l!~ll~t ~[I 1-95 SOUND ~ND~~~ ~1., ~ ~.i, I'.~!i ;~1 BARRIER WALLS DESlGN~ ~ I ~1~ I~ I~ I~ I~ I I~1 ~1 PREPARED FOR THE ~HTM ~ B al~ I~ I~1 I~ I ~ mi CITY OF DELRAY BEACH I I I I III I c.~ O~OE~.~eE~CH.~O.~ ,SEE ,SHEET BARRIER WALLS DESIGN PREPARED FOR THE SOUTH CITY OF DELRAY BEACH CITY OF D~RAY BEACH, FLOR~A ~~1~~ : = BARRIER WALLS DESIG, N~ PREPARED FOR THE SOUTH~ ,],,i I!!, ll!i!ll!, [I i ,d,-.,:,,,,,, ,,,,,, ,:lid j!t J'! h! !Iii- I ,I ,,,,, ,,,,,, ,,, .... ,,lid,il. Ii,,,,,: .,,,, ,.,,,. Ji: Ill !h~, ~i!i], ,Il, jijjJlIii il!! 'I ,'" l,,," lJ '"" jjj ,I, ,J, '"'"" ii! ! ~Jl i'! ~ilj Jl ill ,.,~ ,; "-~:".,..~ iii !Il 1 Ill it., El! '":: ''"'l'': , ! ,ill jjlkJ,,, '"' ill i''j ,U t, '~"'~,!i '.,ii ~ ~, ,,,, ~I'[::I II l~l :" "!~ "l ,,,, ,,, ,r, ~! !!I ~ " ,.,,,il~I~ ,,..--.,, ~ ": l!' P' ': - I,~ ,i , , ... ~ -= ~.: ~ ,~-' ~ BARRIER WALLS DESIGNJ ~ - CITY OF DELRAY BEACH ....... TO: DAVID T. HARDEN, CITY MANAGER FROM: DIANE DOMINGUEZ, DIRECTOR .FL~~,Z2~ DEPARTMENT OF PLANNING AND ZONING (~ ..._.~ SUBJECT: MEETING OF JULY 23, 1996 INITIATION OF A CHANGE OF ZONING FROM NC (NEIGHBORHOOD COMMERCIAL) AND POD (PROFESSIONAL AND OFFICE DISTRICT) TO CF (COMMUNITY FACILITIES) FOR THE SEACREST PROPERTIES The action requested of the City Commission is initiation of a change of zoning for City- owned property located on Seacrest Boulevard, across from Atlantic High School. This request relates to property that is the subject of an agreement between the City, Palm Beach County, and the Palm Beach County School Board, for development and use in conjunction with Atlantic High School. The property consists of approximately 4.5 acres, which was recently purchased by the City. The existing zoning, which is a combination of NC and POD, does not permit the intended use as school/community facilities. The appropriate zoning district for the project is CF, Community Facilities. Once the rezoning is initiated, the Planning and Zoning Board will consider this item at an upcoming meeting. The Board's recommendation will be forwarded to the Commission. By motion, initiate the rezoning of the City-owned Seacrest property, as further described in the attached legal description and location map, from NC (Neighborhood Commercial) and POD (Professional and Office District) to CF (Community Facilities). Attachments: · Location Map · Legal description s.w. 56TH AV~. ~ ~V~F ~TREAM BOULEVARD · L1 SEACREST / INN R PRESBY~RIAN ~ I I IXX ~J c&~o~b~&o~ ~ ~o~ I~111- I~1~ ' UNITY CHURCH ~ ~ z ~ OF TH ..... ~, k - '' ' · , ~ ~, c,L~' ~ ~, ~t11~~ ' ~~H~--~ ~RY ~[ i~l ~11// / ~ ....... ~= [~, //~ ,w/~,= N.W. 17TH ST. ~~S~-- ~ / I I I I I TRAA FR I ~ ' I ~ ' ..... F~ ! ~1 / ~-I N.W. 16TH ST. I I I I I L ~ i i ~ ~ N~ ,~=H ~ N ~ ~,H ~= ~ i~l~ /~L , ~ ' ........... N ~ REZONING ~^~N,~ OE,^R~N~ FROM: -NC- & -POD- TO: -CF- Cflh' OF DELRAY BEACH, FL -- DIG/?/tL B,4SE ..t~P SY$?EM -- MAP REF: LM081 LEGAL DESCRIPTION PARCEL 1: The East 340 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; Less the following described parcels: 1. The South 15 feet of the above-described parcel; 2. The East 40 feet of the above-described parcel; 3. The West 130 feet of the East 170 feet of the North 150 feet of the South 290 feet of the above-described parcel; and, 4. The North 125 feet of the South 140 feet of the East 265 feet of the West 305 feet of the above-described parcel. TOGETHER WITH PARCEL 2: The West 168 feet of the East 300 feet of the North 125 feet of the South 140 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. TOGETHER WITH PARCEL 3: The North 150 feet of the South 290 feet of the East 170 feet of the South one-half of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter; Less the East 40 feet for road right-of-way, Section 4, Township 46 South, Range 43 East, Palm Beach County Florida, also described as: Commencing at an iron rod on the Westerly right-of-way line of Seacrest Boulevard, which is 140 feet North of and 40 feet West of the Southeast corner of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; thence run South 89047'35'' West for a distance of 130 feet to a concrete monument; thence run North 0032'25'' West for a distance of 150 feet to a concrete monument; thence run North 89047'35'' East for a distance of 130 feet to an iron rod on the Westerly right-of-way line of Seacrest Boulevard; thence run South 0032'25'' East along the Westerly right-of-way line of Seacrest Boulevard a distance of 150 feet to the point of beginning. THRU: DIANE DIRECTOR __ DIRECTOR OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 23, 1996 CLOSURE OF S.W. 3RD STREET BETWEEN S.W. 2ND AND S.W. 3RD AVENUES TO ACCOMMODATE A PARKING AREA FOR MERRITT PARK The action requested of the City Commission is approval of the proposed closure of S.W. 3rd Street between S.W. 2nd and S.W. 3rd Avenues to accommodate a parking area for Merritt Park. In May, 1996, the Planning and Zoning Department received a request from the Department of Environmental Services to process a City-initiated project for the creation of an improved parking area to serve the users of Merritt Park. In order to provide the parking area, one block of S.W. 3rd Street will be closed to through traffic. The proposed parking area is part of a City plan to make the park safer and more user- friendly. The Merritt Park parking area plan depicts 24 parking spaces, (including two handicap spaces), drainage, landscape irrigation, a fire hydrant, gate and fence. A landscape plan for the parking area will be prepared by the City Horticulturist. This item was discussed at the City Commission workshop meeting of May 14, 1996, with direction given by the Commission to move forward with the plans. The attached Planning and Zoning Staff Report contains additional information on the closure. The Planning and Zoning Board considered this item at its meeting of June 15, 1996, and unanimously recommended approval of the closure. There was no public testimony regarding the closure. City Commission Documentation Closure of S.W, 3rd Street Between S.W. 2nd and S.W. 3rd Avenues Page 2 o By motion, approve the permanent closure of S.W. 3rd Street between S.W. 2nd and S.W. 3rd Avenues, based upon positive findings with the City's street closure policy and the Comprehensive Plan. Attachment: Q Planning and Zoning Staff Report MEETING OF: JULY 15, 1996 AGENDA ITEM: V.B. CLOSURE OF S.W. 3RD STREET BE'rWEEN S.W. 2ND AND S.W. 3RD AVENUES TO ACCOMMODATE A PARKING AREA FOR MERRITT PARK The item before the Board is that of making a recommendation to the Ci~ Commission regarding the closure of S.W. 3rd Street be~een S.W. 2nd and S.W. 3rd Avenues to accommodate a parking ama for Merri~ Park. In May, 1996, the Planning and Zoning Depa~ment m~ived a request from the Depa~ment of Environmental Se~ices to process a Ci~-initiated project for the creation of an improved pa~ing ama to sewe the usem of Merriff Park. The proposed pa~ing ama is pa~ of a Ci~ plan to make the park safer and mom user-friendly. The reasons for the closure request include the following: ~ Make the park ~afer and encourage use by mom families; ~ Deter drug activi~ (which uses the street for easy access); and, ~ Provide parking area for park usem. No improved parking is available and visitom currently park vehicles on the grass swales adjacent to the park and on nearby vacant pmpe~ies. The MerriE Park parking ama plan depicts 24 parking spaces, (including ~o handicap spaces), drainage, landscape irrigation, a tim hydrant, gate and fence. A landscape plan for the parking area will be prepared by the Ci~ HodicultuHst. In reviewing the Comprehensive Plan for the Ci~ the need to ~enhance pa~ facilities" is noted in the Open Space and Recreation Element, and the following policy: O~ective A-2; Park and recreation facilities shall be adequately and efficiently provided ~rough the implemen~tion of the policies. V.R. Planning and Zoning Board Staff Report Recommendation to the City Commission Regarding the Partial Closure of S.W. 3rd Street Between S.W. 2nd and S.W. 3rd Avenues Page 2 Policy A-2.4: ...the installation of, or conversion to, multipurpose fields (which provide for soccer among other uses) and support facilities, e.g., parking, at existing parks and school sites... The installation of parking facilities to the existing Merritt Park field furthers this policy. The City has developed a street closure policy that first requires temporary closure. As this street closure is a City initiated proposal and involves installation of physical improvements, the closure is being processed as a permanent closure. Pursuant to the street closure policy approval of the street closure is based on the ability to meet the following goals: [] if it is an action which enhances the stability of residential neighborhood; [] mitigates the adverse impacts which exist between commercial and residential land uses; El controls traffic from non residential land uses through residential areas; and, El mitigates the improper use of substandard facilities (insufficient right-of-way along N.E. 7th Avenue). This closure should enhance the stability of the residential neighborhood by decreasing the drug traffic in the area and providing designated spaces for park patrons which currently park in swales and on vacant lots in the area. The goals which relate to mitigating commercial traffic in residential areas or mitigating improper use of substandard facilities are not applicable in this case. Cost estimates for the street closure has been prepared by the Department of Environmental Services and are attached to this report. A summary of these estimates is as follows: PARKING LOT CONSTRUCTION SUBTOTAL $36,150.00 WATER & DRAINAGE CONSTRUCTION SUBTOTAL $16,160.00 - FENCING, LANDSCAPE, IRRIGATION AND BASKETBALL HOOP $16,740.00 The current street closure policy allows the Planning and Zoning Board to take the final action on street closures. However, as the City will be funding the installation of the improvements for the permanent closure, the request is to be presented before the City Commission. Planning and Zoning Board Staff Report Recommendation to the City Commission Regarding the Partial Closure of S.W. 3rd Street Between S.W. 2nd and S.W. 3rd Avenues Page 3 Merritt Park Homeowners Association: Formal notice has been provided to the Merritt Park Homeowners Association. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: A courtesy notice has been provided to all property owners within 500' of the closure. Letters of objection, if any, will be presented at the Planning and Zoning Board. iiii?.:i~-~.;~:~ ~':~i~..';.~':~i'.ii~ ........................ ~:' i~:~.~:':':'.':.'=¢,' ":"?;.'~ "'"~?:'~'~'~'~'~i":':'~-~'~':'::::';'.'i:~:':'~i~'i'-':': -':':<':~';~;~'~':?: ............. ":':~*~~' '~ ";.~."~: .... -.>::..:..-.~.<..',~.-:.~.,'.:.~',':.'~,'.~i-.'.-..-,' ~:-::o.'.:.:,,::,,.'.:::~' '.:-: .. - ~ ~_.' ....... ~:-:-,':: ~{-~' :~:::¥~=.'::::::.'.:.:..-..:>..?.:.--':::..,,:.o.::o:-.-o:~.'.-~:.:~',-'.'.~.~ 1. Continue with direction. 2. Recommend to City Commission that the closure be approved. 3. Find that it would be inappropriate to approve the closure as it has failed to achieve the street closure goals. By motion, recommend to Ci~ Commission that it would be appropriate to approve the closure of S.W. 3rd Street be~een S.W. 2nd and S.W. 3rd Avenues, based upon the ability to-make positive findings with the street closure policy and the Comprehensive Plan. Attachments: - C! Location Map E] Reduced Merritt Park Parking Area Plan S:PLANNI/DOCUME/REPORTS/MERRI'CI'PZ.DOC ATLANTICi AVENUE i ', COMPLEX COUNTY COURT HOUSE S.W. 1ST ST. S.E. 1ST ST. ~ ~ ~ ~ IIII IIII 111 III $.W. 2ND SI. $.£. 2ND SI. S.W. 3RD ST. 3RD S.W. 4TH ST. S.E. ,4TH ST. , CITY OF DELRAY BEACH , ... PUBLIC WORKS I Ill COMPLEX -~~ STREET RE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~ 'II DATE: JULY 17, 1996 This is before the Commission to approve Emmanuel Catholic Church Plat Two, a boundary replat. It is intended to aggregate the church's holdings by combining a platted parcel with an unplatted parcel. The subject property is located on the east side of Military Trail, between Linton Boulevard and Sherwood Boulevard. A reduced copy of the replat is attached. R~commend approval of Emmanuel Catholic Church Plat Two. ref: agmemo6 Agenda Item No. AGENDA REOUEST Date: July 12, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: July 23, 1996 Description of item (who, what, where, how much): Approval of final boundary plat for the Emmanuel Catholic Church. All applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YES~,~RAFT ATTACHED YES~ Recommendation: v ' for the Emmanuel Catholic Ch~. ~ Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: NO ~ Hold Until: ~J Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DB :mm File: TAC AG723. DOC DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Dan Beatty, P.E. }~:~ City Enginee~r~ DATE: July 12, 1996 SUBJECT: Final Boundary Plat Emmanuel Catholic Church Plat Two Attached is an agenda request for Commission approval of the final boundary plat for Emmanuel Catholic Church. The subject plat does not require approval by the Planning and Zoning Board. All applicable permits for the project have been obtained. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the July 23, 1996, Commission meeting for Commission approval. DB:mm attachment cc: Claire Lyte-Grahm, Planner File: Emmanuel Catholic Church AG723MEM.DOC LOWSON · , ~ s.~ ~".L SHERWOOD '.'.','.'.'.'.C~7~1(3UC.'.'.'.'.'.'.'. THE KING , ~ :...:.:.:-:.....~..:.::-:...:..:............~:......... ~o~ ~ ....................... 5~ ¢LARE LAKE~EW G~ COURSE s o~c~ SITE CEN~R OELRA Y TO~ CEN~R LINTON EQUITY BANK LINTON TDICAL PALM COURT BOCARA Y PLAZA O~CE PLAZA ,~os ~ L 0 0 D' 5 N EMMANUEL CATHOLIC CHURCH ~.~,.~ ~,..~ L 0 CATI 0 N M A P Q~ OF ~Y ~ACH, ~ -- O/~ ~ ~ S~ -- C:~D~L~D~ ALBANESE HOMES, INC. 390 SABAL LAKES ROAD DELRAY BEACH, FL 33445 (561) 495-'1326 July 23, 1996 David Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33445 Re: Postponement of the La Sedonia Plat Dear Mr. Harden, Please accept this letter as an official request to postpone the La Sedonia Plat from the City Commission's Consent Agenda for the July 23, 1996 meeting. Sincerely, .J ~/D~in Beaty, City Engineer Agenda Item No. f~ AGENDA REOUEST Date: July 12, 1996 Request to be placed on: X Regular Agenda Special Agenda __Workshop Agenda When: July 23, 1996 Description of item (who, what, where, how much): Approval of final subdivision plat for the La Sedona. All applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YES/~DRAFT ATTACHED YES~ Recommendation: Staff recommends approval of the final subdivision plat for La Sedona. ~~ ~~ Department head signature: _ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: ~> Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DB:mm File: TAC AG723.DOC MEMORANDUM TO: MAYOR AND CIT~ COMMISSIONERS FROM: CITY MANAGER ~/~"/~ SUBJECT: AGENDA ITEM # y~' - REGULAR MEETING OF JULY 23, 1996 FINAL PLAT APPROVAL/LA SEDONA DATE: JULY 18, 1996 This is before the Commission to approve the final plat for La Sedona, a proposed 66 unit townhouse develol~uent. The subject property is located on the west side of Military Trail, approximately 2,800 feet north of Atlantic Avenue and contains 11.61 acres. The plat was reviewed and approved by the Planning and Zoning Board on March 18, 1996. All staff comments have been addressed and applicable permits for the project have been obtained. A reduced copy of the plat is attached. Recommend approval of the final plat for La Sedona. ref:agmemo8 DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Dan Beatty, PzEE~~ City Engineer/~'~ DATE: July 12, 1996 SUBJECT: Final Subdivision Plat La Sedona Attached is an agenda request for Commission approval of the final subdivision plat for La Sedona. The subject plat consists of 66 patio home lots and was previously approved by the Planning and Zoning Board at the March 18, 1996, Planning and Zoning Board meeting. All applicable permits for the project have been obtained. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the July 23, 1996, Commission meeting for Commission approval. DB:mm attachment cc: Claire Lyte- Grahm, Planner File: La Sedona AG723MEM.DOC CANAL L-52 , , , , , ,~___~ WA TKINS MOTOR LINES SELF k,_./ HIGHPOINT '-'~K~ STORAGE TEXACO N.W. 3RD ST. ........ M ^Z'Z-~. ............. DR~ ................ EXTRAS TORA CLOSET GE McGOVERN DRIYE ,,.. N.W. POST OFFICE LAKE 145 TER/DR BOYS' FARMERS MARKET SITE END PLAZA K.F.C. CANAL I K-MART DELRA Y SQUARE i~-- PLAZA DELRA Y MARKETPLA CE -- EXECUTIVE INDOOR OF SQUARE FLEA DELRA Y MARKET :~ AL ~ ~r--1 CHURCH I I-- I N LA SEDONA SUBDIVISION PLAT ~.,~.~ o,,,,s,o,,, L 0 C ATIO N M A P C~1'¥ OF D~,.RAY BI[ACH, FL -- o/c~rAz a4s~ /44P 5757Eu -- MEMORANDUM TO: MAYOR AND CITY CO~SSIONERS /~/ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JULY 23, 1996 RATIFICATION OF CONSENSUS/LAKEVIEW GOLF COURSE CLUBHOUSE DATE: JULY 18, 1996 This is before the Commission to ratify the consensus reached at the July 16, 1996, workshop to proceed withOption B relative to improvements for the LakeviewGolf Course clubhouse. Option B involves the conversion of the equipment storage building to the clubhouse, renovation of the existing structure to continue its use for equipment maintenance and storage use on the lower level, and construction of a new cart storage area. The total estimated cost for Option B is $273,800. Approximately $75,000 is available in the Lakeview Capital Account, withthe remaining $200,000 to be financed. Staff is confident that the additional debt service can be paid without running a deficit over the five year period. If, for some reason, Lakeview is not able to break even or operate at a profit, earnings from the main golf course could be used to offset any deficit since both facilities operate from the same fund. Recommend ratification of the commission's consensus to proceed with Option B for the LakeviewGolf Course clubhouse project. ref:agmemol2 [IT¥ I)F I)ELRR¥ BER[H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 NI-AmedcaCity 993 TO: David T. Harden, City Manager FROM: ~ Robert A. Barcinski, Assistant City Manager / SUBJECT: Workshop item #~¢/~'~ty Commission Meeting, July 16, 1996 Lakeview Golf Caurse - Clubhause DATE: July 11, 1996 ACTION City Commission is requested to provide staff direction concerning options related to improvements needed to the Lakeview Golf Course Clubhouse. BACKGROUND Prior to acquiring the Lakeview Golf Course, July 1995, City staff, along with Mr. Dubin reviewed facility, equipment and course conditions, which included roofs, air- conditioning units, electrical and structural elements, ADA requirements, irrigation, greens, tees, equipment, etc. Our best estimate at that time, in terms of cost to complete repairs, was approximately $175,000. A budget in the amount of $166,000 was approved for these repairs ($125,000 of this total is funded from bond proceeds, $41,0130 from operating revenue). After we acquired the course, Robert Currie Partnership, Inc. was hired to prepare plans for the existing Clubhouse (none existed), to review the structure in terms of code and ADA requirements, and to prepare preliminary plans and cost estimates. Staff refined these cost estimates and included cost estimates for parking lot and landscape improvements. The total estimated cost to bring the building and site up fo code and meet ADA requirements, including architect fees and contingency, is $232,500 (Option A). Due to this high cost of renovation, staff explored other options. Two options are presented for consideration. Option B involves the conversion of the existing equipment maintenance and storage building to a pro shop/snack bar, renovation of the existing building for use as equipment and chemical storage, and equipment maintenance, and construction of a new cart storage area, Total estimated cost for this option is $273,800. Option B1 involves conversian af the existing equipment maintenance and storage building into a pro shop/snack bar, demolition of the existing clubhouse, and construction of a new cart storage area and equipment and chemical storage and maintenance building. Total estimated cost for this option is $383,500. ~Pr~fe~onReey~lea'P&oer THE EFFORT ALWAYS MATTERS Workshop Item Page 2 Additional details for these options are included in the attached memorandum from Jose Aquila. RECOMMENDATION Staff is recommending that we pursue Option B versus renovation of the existing structures. Although the renovation is less expensive, if we do a renovation we would have a 30-year old renovated structure. FINANCING Af this time we have a balance in the Lakeview Capital Account af approximately $75,000. In order fo fund Option B we wauld need fa borrow approximately $200,000. Attached is a revised five year pro forma for the Lakeview Golf Course. The pro forma includes additional debt service of $17,000 for the recommended Option B. (Debt service for 20 years for $200,000. The pro forma illustrates that over a five year period Lakeview Golf Course, on its own, would break even. The pro forma includes increased expenses programmed in FY '97/ '98 for debt service for the purchase of the property and a rental increase for new golf carts. Also included in the projection for FY '98/'99 are increased expenses for regrassing the greens and major repairs to the irrigation system. At this time, staff feels that we will definitely need to regrass the greens, however, the need for replacing the in-graund irrigation system will depend on whether we have problems. This item may be deferred as we gain more knawledge of the course. Even with these added expenses the projections show increases in net revenue for FY '99/'2000 and FY '2000/'2001. We are estimating combined retained earnings for both golf courses to be approximately $200,000 at the end of this fiscal year. RAB:kwg File:u:graham/agenda Doc.:clubhse.lkv ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: Robert A. Barcinski Assistant City Manager From: Jos6 Aguila ~ Construction 'Manager Date: July 10, 1996 Subject: Lakeview Golf Course Improvements Project No. 95-65 As a follow-up to my memo of April 11, 1996, a meeting was scheduled at the Lakeview site, with several City staff.members and the City Manager, to review the various alternatives available for consideration in order to bring the building into compliance with current codes. Following is a summary of the items discussed and the options available. Option A - Renovate existing facility This option involves the renovation of the existing clubhouse building and cart maintenance area below, to correct code violations, make necessary ADA improvements and bring the existing parking lot up to code. ADA improvements include ramping the west building entrance, ramping interior seating area for accessibility, make restroom renovations and pro shop/restaurant counter spaces accessible. The estimated costs are as follows. Phase I Electrical corrections $ 7,000.00 Mechanical corrections $11,500.00 Remove hand sink $ 600.00 Re-roof cart maintenance area $18,000.00 Provide 2hr separation (between building and cart area) $15,000.00 Termite treatment $ 3,500.00 Equipment storage building improvements (floor slab and chemical containment area) $!5,000.00 Estimated cost phase I $70,600.00 Phase II ADA improvements $67,500.00 Parking area overlay & restripe $15,000.00 Landscaping $15,000.00 Building re-roof $16,500.00 Exterior paint $ 5,000.00 HVAC work - outside air $ 1,700.00 Relocate water heater $ 1,200.00 Estimated cost Phase H $121,900.00 Total phase I & II $192,500.00 Contingency & testing fees $ 20,000.00 Consultant fees $ 20,000.00 Total estimated cost for Option A $232,500.00 Please note that the reduction in cost, from the April 11, 1996, memo reflects the omission of course restroom upgrades ($4,500), kitchen hood and accessories ($15,000) and can wash area with grease interceptor ($8,000). Option B - Uo2rade existing facility and new construction This alternative includes new construction and/or alteration to both the existing clubhouse, as well as the equipment storage building to the south. The proposed improvements are as follows. Convert the existing equipment storage building to a new clubhouse. This option will require plumbing, electrical work, ak conditioning, all interior finishes, and a floor slab. Additionally, the exterior walls will require insulation, windows, and finishes on both sides of the wall. The advantage to this 2100 SF building is that it is a relatively new and solid building and the exterior elevation is relatively level with the exterior grade solving the accessibility problem with the codes. My opinion of cost of construction is in the range of $65 to $75 per square foot or $136,500.00 to $157,500.00. The existing building would be reused as an equipment storage and maintenance building on the lower level, and the upper level could be temporarily used for storage. The roof over the existing lower portion would still have to be reroofed. Also, the electrical corrections to comply with code will still have to be made. With the new clubhouse location, 15 new parking spaces could be added to provide the required handicapped spaces, as well as to offset the lost spaces due to landscape improvements to the existing parking area. A new cart storage area will need to be constructed somewhere on site, probably adjacent to the renovated clubhouse. The design of this facility is still to be reviewed, but $20,000.00 should suffice. The work for this option could be separated into two phases as indicated below. The estimated costs for these improvements are as follows. Phase I Building conversion $157,500.00 Additional parking spaces (15) $ 15,000.00 Landscaping improvements $ 10,000.00 Roofing above cart maintenance area $ 14,500.00 Electrical corrections $ 2,300.00 Estimated cost Phase I $199,300.00 Contingency & testing fees $ 8,000.00 Consultant fees $ 16,000.00 Total estimated cost Phase I $223,300.00 Phase II Existing parking overlay & stripe $ 15,000.00 Landscaping improvements $ 8,000.00 Cart storage $ 20,000.00 Estimated cost Phase II $ 43,000.00 Contingency & testing fees $ 3,500.00 Consultant fees $ 4,000.00 Total estimated cost Phase H $ 50,500.00 Total estimated cost for Option B $273,800.00 Option BI - Upgrade existing facility and new construction This option is similar to option B, except that the entire existing clubhouse and maintenance area below would be demolished, and a new maintenance area and equipment storage would be constructed, probably in the same general location. A new cart storage area would be required as well. The work in this option could be separated into two phases similar to the option above. The costs would be as follows. Phase I Building conversion $157,500.00 Additional parking spaces (15) $ 15,000.00 Landscaping improvements $ 10,000.00 Estimated cost Phase I $182,500.00 Contingency & testing fees $ 8,000.00 Consultant fees $ 30,000.00 Total estimated cost Phase I $220,500.00 Phase II Existing parking overlay & stripe $ 15,000.00 Landscaping improvements $ 8,000.00 Demolition (including grading) $ 12,500.00 New maintenance & equipment facility $100,000.00 Cart storage $ 20,000.00 Estimated cost Phase H $155,500.00 Contingency & testing fees $ 3,500.00 Consultant fees $ 4,000.00 Total estimated cost Phase H $163,000.00 Total estimated cost for Option B1 $;58;5,500.00 Provisions will have to be made to house the can maintenance and equipment storage area elsewhere during demolition and construction. These estimates do not include funding needed for green improvements and/or other course improvements. Current balance, Bond Account is approximately $75,000.00. cc: William Greenwood File 95-65 (A) ~a~9565~optiona LAKEVIEW GOLF CLUB 09-Jul-96 1996/97 1997/98 1998/99 1999/00 2000/01 TOTAL INCOME Golf $671,600 $704,500 $699,500 $781,500 $820,000 $3,677,100 Restaurant $13,375 $14,575 $15,175 $16,975 $17,900 $78,000 Debt proceeds $200,000 $0 $250,000 $0 $0 $450,000 TOTAL INCOME $884,975 $719,075 $964,675 $798,475 $837,900 $4,205,100 EXPENSES Golf Course $196,000 $201,880 $204,295 $213,625 $220,034 $1,035,834 Administration $128,076 $131,918 $132,394 $139,504 $143,689 $675,581 Golf operation $126,620 $153,579 $156,920 $164,063 $169,805 $770,987 TOTAL EXPENSES $450,696 $487,377 $493,610 $517,192 $533,528 $2,482,402 NET INCOME $434,279 $231,698 $471,065 $281,283 $304,372 $1,722,698 CAPITAL G C equip $15,000 $15,000 $15,000 $16,000 $17,000 $78,000 Clubhouse $200,000 $2,500 $2,500 $2,500 $2,500 $210,000 Greens/Tees $0 $0 $50,000 $0 $0 $50,000 Irrigation $0 $0 $200,000 $0 $0 $0 Parking $5,000 $0 $0 $0 $0 $5,000 Misc $0 $2,500 $2,500 $2,~500 $2,500 $10,000 TOTAL $220,000 $20,000 $270,000 $21,000 $22,000 $553,000 NET CASH, Befre $214,279 $211,698 $201,065 $260,283 $282,372 $1,169,698 Debt&City adm chrg Debt service $175,790 $198,190 $200,120 $196,760 $198,320 $969,180 Golf course $0 $0 $21,000 $21,000 $ZL, 000 $63,000 Clubhouse $9,000 $17,000 $17,000 $17,000 $17,000 $77,000 Admin chg $10,000 $11,000 $12,000 $13,000 $14,000 $60,000 CASH $19,489 ($14,492) ($49,055) $12,523 $32,052 $518 DELRAY BEACH GOLF CLUB CASH $75,408 $78,823 $61,351 $135,166 $160,703 $511,451 NET CASH $94,897 $64,331 $12,296 $147,689 $192,755 $511,969 ADMINISTRATION 1996/97 1997/98 1998/99 1999/00 2000/01 TOTAL Advertising $13,500 $13,905 $13,000 $14,500 $14,935 $69,840 Insurance $27,000 $27,810 $28,644 $29,504 $30,389 $143,347 Gen liability $5,148 $5,302 $5,462 $5,600 $5,768 $27,280 Acct Audit $500 $515 $530 $550 $567 $2,662 Othr contract $42,000 $43,260 $44,558 $46,000 $47,380 $223,198 Licenses $1,500 $1,545 $1,591 $1,650 $1,700 $7,986 Misc exp $300 $309 $250 $325 $335 $1,519 Supplies $4,200 $4,326 $4,000 $4,500 $4,635 $21,661 Repair club $6,500 $6,695 $6,000 $7,000 $7,210 $33,405 Postage $300 $309 $250 $325 $335 $1,519 Telephone $4,000 $4,120 $4,000 $4,400 $4,532 $21,052 Promotion $600 $618 $500 $650 $670 $3,038 Share admin $10,000 $10,300 $10,609 $11,000 $11,330 $53,239 Utilities $12,528 $12,904 $13,000 $13,500 $13,905 $65,837 TOTAL EXPENSES $128,076 $131,918 $132,394 $139,504 $143,689 $675,581 INCOME ROUNDS 55000 56000 51000 57500 59000 278500 Play cards $120,000 $125,000 $135,000 $140,000 $145,000 $665,000 Green fees $176,200 $185,000 $180,000 $205,000 $217,000 $963,200 Cart fees $360,200 $377,000 $366,000 $414,000 $433,000 $1,950,200 Merchandise $14,000 $16,000 $17,000 $20,000 $22,000 $89,000 Misc income $1,200 $1,500 $1,500 $2,500 $3,000 $9,700 TOTAL INCOME $671,600 $704,500 $699,500 $781,500 $820,000 $3,677,100 GOLF OPERATION Payroll $91,000 $93,730 $96,542 $99,438 $102,421 $483,131 Mdse (75%) $10,500 $12,000 $12,750 $15,000 $16,500 $66,750 Group ins $3,120 $3,214 $3,310 $3,700 $3,811 $17,155 Supplies $4,200 $4,326 $4,000 $4,600 $4,738 $21,864 Cart Rental $11,500 $36,000 $36,000 $36,000 $36,000 $155,500 Uniforms $300 $309 $318 $325 $335 $1,587 Cart repair $6,000 $4,000 $4,000 $5,000 $6,000 $25,000 TOTAL EXPENSES $126,620 $153,579 $156,920 $164,063 $169,805 $770,987 COURSE MAINT 1996/97 1997/98 1998/99 1999/00 2000/01 TOTAL Payroll $112,100 $115,463 $117,000 $122,500 $126,175 $593,238 Gr ins $8,400 $8,652 $8,912 $9,100 $9,373 $44,437 Utilities $8,310 $8,559 $8,816 $9,000 $9,270 $43,955 Gas & oil $3,300 $3,399 $3,400 $3,600 $3,708 $17,407 Supplies GC $6,000 $6,180 $6,000 $6,500 $6,695 $31,375 Repairs $15,000 $15,450 $15,500 $16,250 $16,738 $78,938 Uniforms $2,000 $2,060 $2,122 $2,200 $2,266 $10,648 Irrigation $10,000 $10,300 $10,609 $11,000 $11,330 $53,239 Gardening $30,000 $30,900 $31,000 $32,500 $33,475 $157,875 Equip rent $600 $618 $637 $650 $670 $3,174 Misc exp $290 $299 $300 $325 $335 $1,548 TOTAL EXPENSES $196,000 $201,880 $204,295 $213,625 $220,034 $1,035,834 INCOME Food $12,500 $13,500 $14,000 $15,500 $16,000 $71,500 Beverage $10,000 $11,000 $11,500 $13,000 $14,000 $59,500 TOTAL INCOME $22,500 $24,500 $25,500 $28,500 $30,000 $131,000 COST/SALES Food $5,625 $6,075 $6,300 $6,975 $7,200 $32,175 Beverage $3,000 $3,300 $3,450 $3,900 $4,200 $17,850 Bev tax $500 $550 $575 $650 $700 $2,975 TOTAL COST $9,125 $9,925 $10,325 $11,525 $12,100 $53,000 GROSS PROFIT $13,375 $14,575 $15,175 $16,975 $17,900 $78,000 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ FEDERAL COMMUNICATIONS COMMISSION (FCC) DATE: JULY 19, 1996 As directed at the July 16th workshop, the attached letters have been prepared to send to Governor Chiles and our Congressional delegation requesting their support in efforts to have the FCC modify its proposed rules on satellite dishes and open video systems. The proposed rule on satellite earth stations preempts and renders unenforceable any state or local health, safety or aesthetic regulations that would affect the installation and location of these reception devices that are one meter or less in diameter. The rule on open video systems preempts state and local authorities to franchise or control access to public property for commercial use by private companies. It further subordinates local right-of-way controls, both management and compensation, to federal requirements and oversight. Both actions exceed the intent and provisions of the Telecommunications Act of 1996. I recommend approval of the letters and authorization for staff to send them out immediately. ref: agmemo 14 DELR^Y BE^£H ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 ~l-A~wimCity 1993 The Honorable Lawton Chiles Office of the Governor Tallahassee, FL 32399-0001 Dear Governor Chiles: I am writing to call your attention to a recent action by the Federal Communications Commission (FCC) that threatens the gains we secured during action on the "Telecom- munications Act of 1996". State and local governments worked together to ensure that federal government actions respect state and local authorities, particularly our rights to manage and be compensated for the use of public rights-of-way when private companies elect to use and occupy this property. On May 31st, the FCC approved a final rule implementing Section 302 of the "Tele- communications Act of 1996" which establishes the federal regulatory regime for companies that choose to offer cable like services over an open video system (OVS). Under this rule, the FCC, not state and local governments, will grant rights to private companies to use our public rights-of-way. The FCC prescribes the terms of compensation for the use of this property and establishes itself as the overseer of our right-of-way management practices. This distorts what we achieved together in Congress, specifically adoption of House and Senate floor amendments and refinements of the conference agreement during Congressional action on the legislation. In addition, we are opposed to the FCC's recent rule on satellite dishes and certain other reception devices. This rule, based on an acknowledged, sparse record, simply assumes that all state and local regulations impair a viewer's reception of video programming. Consequently, the rule preempts all state and local zoning, building codes or any other state or local rule or action that might affect the placement or installation of a number of antennae, including those not targeted by the Act. I am requesting your support of our efforts to get the Federal Communications Commission to modify these rules. This month the FCC will be considering petitions by local governments and others, asking the agency's reconsideration. We need the FCC to act on these petitions and change the rules. I am also writing to our Congressional delegation, urging them to get involved in this issue. It would be helpful if you could convey your interest to the delegation as well. Thank you for your attention to this matter. Sincerely, Jay Alperin Mayor THE EFFORT ALWAYS MATTERS ~rmfed on ~yc!e¢ P~e; CiTY OF DELRR¥ BER£H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmericaCity July 24, 1996 1993 United States Senate 517 Hart Senate Office Building Washington, DC 20510 Dear Senator Mack: I am writing regarding a Federal Communications Commission (FCC) role that largely negates our efforts together to ensure that federal government actions respect state and local authorities, specifically our fights to manage and be compensated for use of state and local fights-of-way by private companies who elect to use the public's property. On May 31st, the FCC approved a final rule implementing Section 302 of the "Telecommunications Act of 1996" which establishes the federal regulatory regime for companies that choose to offer cable like services over an open video system (OVS). Under this rule, the FCC, not state and local governments, will grant rights to private companies to use our public fights-of-way. The FCC prescribes the terms of compensation for the use of this property and establishes itself as the overseer of our right-of-way management practices. This distorts what we believe you and others in Congress intended in approving House and Senate floor amendments and changes in the conference report during Congressional action on the the legislation. In addition, we are opposed to the FCC's recent rule on satellite dishes and certain other reception devices. This rule, based on an acknowledged, sparse record, simply assumes that all state and local regulations impair a viewer's reception of video programming. Consequently, the rule preempts all state and local zoning, building codes or any other state or local rule or action that might affect the placement and/or installation of a number of antennae, including those not targeted by the Act. This month the Federal Communications Commission will be considering petitions by local governments and others, asking the agency's reconsideration. We ask that you support a f'mal rule that embodies the federal interest in OVS -- and Section 302 permits should be limited to federal interests -- without intruding into state and local rights and interests in the property being used. Our principal concern with these rules is that they ignore legitimate state and local property fights and interests. The FCC's rules vest the federal government through the FCC, not state or local governments, with the power to grant private companies rights to use state and local fights-of-way. This is an unprecedented intrusion into the domain of state and local governments. The Act does not mandate, dictate or imply such a result. This is not about respecting federalism. It is not even about eliminating state and local barriers to entry. This is about federalizing or appropriating our property and its management. I do not believe that Congress intended to create a power of eminent domain at the FCC, whereby this independent federal regulatory agency would be granted the authority to convert state and local property into federal properly. It makes no sense for this federal agency to take an action that creates a risk of potential federal budget liability related to the condemnation or taking of state, local and private property. Thank you for your prompt attention to this matter. Sincerely, Jay Alperin Mayor THE EFFORT ALWAYS MATTERS FYinted On Recycled Paper £1TY OF DELRRY BER£H ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 407/243-7000 NI-AmericaCity July 24, 1996 993 United States Representative 2267 Raybum House Office Building Washington, DC 20515 Dear Representative E. Clay Shaw: I am writing regarding a Federal Communications Commission (FCC) rule that largely negates our efforts together to ensure that federal government actions respect state and local authorities, specifically our rights to manage and be compensated for use of state and local fights-of-way by private companies who elect to use the public's property. On May 31st, the FCC approved a final rule implementing Section 302 of the "Telecommunications Act of 1996" which establishes the federal regulatory regime for companies that choose to offer cable like services over an open video system (OVS). Under this rule, the FCC, not state and local governments, will grant rights to private companies to use our public rights-of-way. The FCC prescribes the terms of compensation for the use of this property and establishes itself as the overseer of our right-of-way management practices. This distorts what we believe yOU and others in Congress intended in approving House and Senate floor amendments and changes in the conference report during Congressional action on the the legislation. In addition, we are opposed to the FCC's recent rule on satellite dishes and certain other reception devices. This rule, based on an acknowledged, sparse record, simply assumes that all state and local regulations impair a viewer's reception of video programming. Consequently, the rule preempts all state and local zoning, building codes or any other state or local rule or action that might affect the placement and/or installation of a number of antennae, including those not targeted by the Act. This month the Federal Communications Commission will be considering petitions by local governments and others, asking the agency's reconsideration. We ask that you support a final rule that embodies the federal interest in OVS -- and Section 302 permits should be limited to federal interests -- without intruding into state and local rights and interests in the property being used. Our principal concern with these rules is that they ignore legitimate state and local property rights and interests. The FCC's rules vest the federal government through the FCC, not state or local governments, with the power to grant private companies rights to use state and local rights-of-way. This is an unprecedented intrusion into the domain of state and local governments. The Act does not mandate, dictate or imply such a result. This is not about respecting federalism. It is not even about eliminating state and local barriers to entry. This i~ about federalizing or appropriating our property and its management. I do not believe that Congress intended to create a power of eminent domain at the FCC, whereby this independent federal regulatory agency would be granted the authority to convert state and local property into federal properly. It makes no sense for this federal agency to take an action that creates a risk of potential federal budget liability related to the condemnation or taking of state, local and private property. Thank you for your prompt attention to this matter. Sincerely, Jay Alperin Mayor THE EFFORT ALWAYS MATTERS Pnnted on F~ecycle~ Paper £1TY OF DELRRY BER£H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ·407/243-7000 NI-AmeficaCity July 24, 1996 1993 United States Representative 506 Cannon House Office Building Washington, DC 20515 Dear Representative Foley: I am writing regarding a Federal Communications Commission (FCC) rule that largely negates our efforts together to ensure that federal government actions respect state and local authorities, specifically our rights to manage and be compensated for use of state and local rights-of-way by private companies who elect to use the public's property. On May 31st, the FCC approved a f'mal rule implementing Section 302 of the "Telecommunications Act of 1996" which establishes the federal regulatory regime for companies that choose to offer cable like services over an open video system (OVS). Under this rule, the FCC, not state and local governments, will grant rights to private companies to use our public rights-of-way. The FCC prescribes the terms of compensation for the use of this property and establishes itself as the overseer of our right-of-way management practices. This distorts what we believe you and others in Congress intended in approving House and Senate floor amendments and changes in the conference report during Congressional action on the the legislation. In addition, we are opposed to the FCC's recent rule on satellite dishes and certain other reception devices. This rule, based on an acknowledged, sparse record, simply assumes that all state and local regulations impair a viewer's reception of video programming. Consequently, the rule preempts all state and local zoning, building codes or any other state or local rule or action that might affect the placement and/or installation of a number of antennae, including those not targeted by the Act. This month the Federal Communications Commission will be considering petitions by local governments and others, asking the agency's reconsideration. We ask that you support a f'mal rule that embodies the federal interest in OVS -- and Section 302 permits should be limited to federal interests -- without intruding into state and local rights and interests in the property being used. Our principal concern with these rules is that they ignore legitimate state and local property rights and interests. The FCC's rules vest the federal government through the FCC, not state or local governments, with the power to grant private companies rights to use state and local rights-of-way. This is an unprecedented intrusion into the domain of state and local governments. The Act does not mandate, dictate or imply such a result. This is not about respecting federalism. It is not even about eliminating state and local barriers to entry. This is about federalizing or appropriating our property and its management. I do not believe that Congress intended to create a power of eminent domain at the FCC, whereby this independent federal regulatory agency would be granted the authority to convert state and local property into federal properly. It makes no sense for this federal agency to take an action that creates a risk of potential federal budget liability related to the condenmation or taking of state, local and private property. Thank you for your prompt attention to this matter. Sincerely, Jay Alperin Mayor THE EFFORT ALWAYS MATTERS Printed o~ IRecycled Paper [lTV (IF EIELRli¥ BER£H ~ 100 N.W. 1st AVENUE ·DELRAY BEACH, FLORIDA 33444 ·407/243-7000 AII-AmericaCity July 24, 1996 1993 United States Representative 2458 Raybum House Office Building Washington, DC 20515 Dear Representative Johnston: I am writing regarding a Federal Communications Commission (FCC) rule that largely negates our efforts together to ensure that federal government actions respect state and local authorities, specifically our rights to manage and be compensated for use of state and local rights-of-way by private companies who elect to use the public's property. On May 31st, the FCC approved a f'mal rule implementing Section 302 of the "Telecommunications Act of 1996" which establishes the federal regulatory regime for companies that choose to offer cable like services over an open video system (OVS). Under this rule, the FCC, not state and local governments, will grant rights to private companies to use our public rights-of-way. The FCC prescribes the terms of compensation for the use of this property and establishes itself as the overseer of our right-of-way management practices. This distorts what we believe you and others in Congress intended in approving House and Senate floor amendments and changes in the conference report during Congressional action on the the legislation. In addition, we are opposed to the FCC's recent rule on satellite dishes and certain other reception devices. This rule, based on an acknowledged, sparse record, simply assumes that all state and local regulations impair a viewer's reception of video programming. Consequently, the rule preempts all state and local zoning, building codes or any other state or local rule or action that might affect the placement and/or installation of a number of antennae, including those not targeted by the Act. This month the Federal Communications Commission will be considering petitions by local governments and others, asking the agency's reconsideration. We ask that you support a final rule that embodies the federal interest in OVS -- and Section 302 permits should be limited to federal interests -- without intruding into state and local rights and interests in the property being used. Our principal concern with these rules is that they ignore legitimate state and local property rights and interests. The FCC's rules vest the federal government through the FCC, not state or local governments, with the power to grant private companies rights to use state and local rights-of-way. This is an unprecedented intrusion into the domain of state and local governments. The Act does not mandate, dictate or imply such a result. This is not about respecting federalism. It is not even about eliminating state and local barriers to entry. This is about federalizing or appropriating our property and its management. I do not believe that Congress intended to create a power of eminent domain at the FCC, whereby this independent federal regulatory agency would be granted the authority to convert state and local property into federal properly. It makes no sense for this federal agency to take an action that creates a risk of potential federal budget liability related to the condemnation or taking of state, local and private property. Thank you for your prompt attention to this matter. Sincerely, Jay Alperin Mayor THE EFFORT ALWAYS MATTERS Pr~nted o~ Recycled Paper £1T¥ DF DELRR¥ BER[H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 NI-AmericaCity July 24, 1996 993 United States Representative 1039 Longworth House Office Building Washington, DC 20515 Dear Representative Hastings: I am writing regarding a Federal Communications Commission (FCC) rule that largely negates our efforts together to ensure that federal government actions respect state, and local authorities, specifically our rights to manage and be compensated for use of state and local rights-of-way by private companies who elect to use the public's property. On May 31st, the FCC approved a final rule implementing Section 302 of the "Telecommunications Act of 1996" which establishes the federal regulatory regime for companies that choose to offer cable like services over an open video system (OVS). Under this rule, the FCC, not state and local governments, will grant rights to private companies to use our public rights-of-way. The FCC prescribes the terms of compensation for the use of this property and establishes itself as the overseer of our right-of-way management practices. This distorts what we believe you and others in Congress intended in approving House and Senate floor amendments and changes in the conference report during Congressional action on the the legislation. In addition, we are opposed to the FCC's recent rule on satellite dishes and certain other reception devices. This rule, based on an acknowledged, sparse record, simply assumes that all state and local regulations impair a viewer's reception of video programming. Consequently, the rule preemPts all state and local zoning, building codes or any other state or local rule or action that might affect the placement and/or installation of a number of antennae, including those not targeted by the Act. This month the Federal Communications Commission will be considering petitions by local governments and others, asking the agency's reconsideration. We ask that you support a f'mal rule that embodies the federal interest in OVS -- and Section 302 permits should be limited to federal interests -- without intruding into state and local rights and interests in the property being used. Our principal concern with these rules is that they ignore legitimate state and local property rights and interests. The FCC's rules vest the federal government through the FCC, not state or local governments, with the power to grant private companies rights to use state and local rights-of-way. This is an unprecedented intrusion into the domain of state and local governments. The Act does not mandate, dictate or imply such a result. ., This is not about respecting federalism. It is not even about eliminating state and local barriers to entry. This is about federalizing or appropriating our property and its management. I do not believe that Congress intended to create a power of eminent domain at the FCC, whereby this independent federal regulatory agency would be granted the authority to convert state and local property into federal properly. It makes no sense for this federal agency to take an action that creates a risk of potential federal budget liability related to the condemnation or taking of state, local and private property. Thank you for your prompt attention to this matter. Sincerely, Jay Alperin Mayor THE EFFORT ALWAYS MATTERS PHn~eci o~ Recycled Pal,er £1TY OF DELRI:iY BEI:IIiH DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ·407/243-7000 AlI-AmericaCity July 24, 1996 ® The Honorable Bob Graham 993 United States Senate 524 Hart Senate Office Building Washington, DC 20510 Dear Senator Graham: I am writing regarding a Federal Communications Commission (FCC) rule that largely negates our efforts together to ensure that federal government actions respect state and local authorities, specifically our rights to manage and be compensated for use of state and local rights-of-way by private companies who elect to use the public's property. On May 31st, the FCC approved a f'mal rule implementing Section 302 of the "Telecommunications Act of 1996" which establishes the federal regulatory regime for companies that choose to offer cable like services over an open video system (OVS). Under this rule, the FCC, not state and local governments, will grant rights to private companies to use our public rights-of-way. The FCC prescribes the terms of compensation for the use of this property and establishes itself as the overseer of our right-of-way management practices. This distorts what we believe you and others in Congress intended in approving House and Senate floor amendments and changes in the conference report during Congressional action on the the legislation. In addition, we are opposed to the FCC's recent rule on satellite dishes and certain other reception devices. This rule, based on an acknowledged, sparse record, simply assumes that all state and local regulations impair a viewer's reception of video programming. Consequently, the rule preempts all state and local zoning, building codes or any other state or local rule or action that might affect the placement and/or installation of a number of antennae, including those not targeted by the Act. This month the Federal Communications Commission will be considering petitions by local governments and others, asking the agency's reconsideration. We ask that you support a final rule that embodies the federal interest in OVS -- and Section 302 permits should be limited to federal interests -- without intruding into state and local rights and interests in the property being used. Our principal concern with these rules is that they ignore legitimate state and local property rights and interests. The FCC's rules vest the federal government through, the FCC, not state or local governments, with the power to grant private companies rights to use state and local rights-of-way. This is an unprecedented intrusion into the domain of state and local governments. The Act does not mandate, dictate or imply such a result. This is not about respecting federalism. It is not even about eliminating state and local barriers to entry. This is about federalizing or appropriating our property and its management. I do not believe that Congress intended to create a power of eminent domain at the FCC, whereby this independent federal regulatory agency would be granted the authority to convert state and local property into federal properly. It makes no sense for this federal agency to take an action that creates a risk of potential federal budget liability related to the condemnation or taking of state, local and private property. Thank you for your prompt attention to this matter. Sincerely, Jay Alperin Mayor THE EFFORT ALWAYS MATTERS . ~;,~::: ,RECEIVED lily aF llELA#V BEA[H .-" o,.,,, ,.,,;.,., IIITY ITTOflNEY'$ OFFICE :00 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 Afl. America City MEMORANI)UM ~993 TO: David T. Har~ City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Proposed Rules by FCC on Satellite Dishes Attached please find the proposed rules on Over-the-Air Reception Devices fi-om the FCC. The comment period expired in May of this year, however, in speaking with ~Iacqueline Spindler of the FCC she informed me that the rules would be adopted by the FCC and disbursed on August 6, 1996, and comments requesting that the FCC reconsider the adopted rules would be accepted during a 30 day period following the August 6 disbursement. I informed Ms. Spindler of the City's current restrictions on satellite dishes relating to the landscaping requirement and she responded that under the proposed rules the City would not be allowed to regulate the landscaping required for certain sizes of satellite dishes. Ms. Spindler did state that the FCC had received numerous comments from municipalities on this issue and that the FCC would consider those concerns prior to adopting any final rules. Cc: Susan A. Ruby, City Attorney Pr:n*,ed on Recycled Paper '>??!~nd~ Uses: Submitted information will be used to evaluate requests for · ~.'?:¥~:.~.~ . . · ~:~aratory ruling regarding the reasonableness of state and local ,~'~trictions, or requests for waiver of the rule. I. Notice of Proposed Rulemaking 1. .On February 8, 1996, the Telecommunications Act of 1996 (the "1996 Act") became law. Section 207 of the 1996 Act directs that the Commission shall, "pursuant to Section 303 of the Communications Act, promulgate regulations to prohibit restrictions that impair a viewer's ability to receive video programming services through devices designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service, or direct broadcast satellite services." In this Notice of Proposed Rulemaking, we address the statutory mandate with regard to television broadcast service ("TVBS") and multichannel multipoint distribution service ("MMDS"). 2. In a recent Report and Order and Further Notice of Proposed Rulemaking, FCC 96-78 (released March 11, 1996) (61 FR 10710, March 15, 1996) ("Order and Further Notice"), the Commission considered the issue of preemption of state or local restrictions, such as zoning ordinances, on devices used to receive direct broadcast satellite ("DBS") services. Noting that section 207 expands the range of preemption to include non-governmental entities such as homeowners' associations, the Order and Further Notice proposes a per se preemption of restrictions imposed by non-governmental entities as they affect reception of DBS signals. In this Notice of Proposed Rulemaking, we seek to provide similar implementation of section 207 regarding TVBS and MMDS. 3. In the Order and Further Notice we adopted a rule for satellite receivers less than one meter in diameter, including DBS receivers. Section 207 of the 1996 Act groups TVBS, MMDS, and DBS receiving devices together, which suggests that they should be treated similarly. However, antennas used to receive TVBS signals can be of various forms and sizes, and may not always be comparable to DBS antennas. Therefore, while we propose a rule for TVBS and MMDS devices that does not draw distinctions among receivers based on size, we invite comments on whether and when such distinctions might be justified, within the Commission's authority to implement the statutory language pursuant to section 303 of the Communications Act. 4. The Order and Further Notice establishes a presumption that restrictive state or local regulations are unreasonable, and therefore preempts them, if they affect the installation, maintenance, or use of a satellite earth station antenna that is one meter or less in diameter. The presumption could be rebutted by obtaining a "final declaration" from the Commission or a court of competent jurisdiction that the state or local regulation is both necessary to accomplish a clearly defined and expressly stated health or safety objective, and as narrowly drawn as possible to accomplish that objective. We tentatively conclude that this same presumption is applicable to MMDS and TVBS antennas. In the Order and Further Notice we also determined that any state or local authority that wished to maintain and enforce regulations inconsistent with the preemption rule could apply to the Commission for a full or partial waiver. Such a request must show local concerns of a highly specialized or unusual nature, and must include the particular regulation for which waiver is sought. We tentatively conclude that this determination applies to MMDS and TVBS as Copr. (C) West 1996 No claim to orig. U.S. govt. works . · 131~ ~;~;~ PAGE 4 FR 10710, *10711) ~s that install or use satellite antennas. 12 Any Significant Alternatives Minimizing the Impact on Small Entities ~ Consistent With the Stated Objectives This Notice solicits comments on any suggested alternatives. List of Subjects in 47 CFR Part 25 Satellites. Federal Communications Commission. William F. Caton, Acting Secretary. Proposed Rules Part 25 of Title 47 of the Code or-Federal Regulations is proposed to be amended as follows: PART 25--SATELLITE COMMUNICATIONS 1. The authority citation for Part 25 continues to read as follows: Authority: Sections 25.101 to 25.601 issued under Sec. 4, 48 Stat.'1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 101-104, 76 Stat. 416-427; 47 U.S.C. 701-744; 47 U.S.C. 554. Section 25.104 is amended by adding new paragraph (f) to read as follows:. s25.104 Preemption of local zoning of earth stations. (f) No restrictive covenant, encumbrance, homeowners' association rule, or other nongovernmental restriction shall be enforceable to the extent that it impairs a viewer's ability to receive video programming services over a satellite antenna less than one meter in diameter. [FR Doc. 96-6380 Filed 3-14-96; 8:45' am] BILLING CODE 6712-01-M 61 FR 10710-01, 1996 WL 111623 (F.R.) END OF DOCUMENT Copr. (C) West 1996 No claim to orig. U.S. govt. works THE UNITED STATES CONFERENCE OF MAYORS 1620 EYE STREET. NORTHWEST ~SHINGTON. D.C~ 20006 TELEPHONE ,202)293 7330 FAX (202)293 23'2 J~Jt I July 3, 1996 CITY M/~,t,"r~,,~ TO: The Mayor FROM: Mayor Michael Guido, Chair, Subcommittee on Communications SUBJECT: Need Letters Sent to Congress and Governors on FCC's Open Video System (OVS) Rule * Please Give Immediate Attention * At the outset I wanted to thank you and the many mayors all across the country who have been engaged in trying to resolve telecommunications issues affecting our communities. We need to mobilize once again. The Federal Communications Commission (FCC) recently issued a final rule governing the establishment of "openvideo systems," an action which has the effect of "federalizing" traditional state and local right-of-way authorities and "nationalizing" state and local property rights. Under this final rule, FCC grants approval to private companies to use our public rights-of-way, prescribes the terms of compensation for the use of this property and establishes itself as the overseer of our right-of-way management practices. This action is quit~ e×tmordinary~ Fur~hermore, it violates the spirit and intent of the Congressional debates on the rec~nt ~elecommunications legislation, which included indisputable Congressional efforts to respect state and local property rights. By way of background, you should know that under the "Telecommunications Act of 19~6" (Section 302), an open video system or OVS is one of the ways private companies (e.g. local telephone and other providers) can elect to offer cable television like services to citizens in your city. The FCC's OVS rule implementing Section 302 was released on May 31, 1~96 (Federal Re~ister, June 5, 1~6). Attached is a legal analysis of the rule. You should know that the Conference membership just adopted a policy resolution, which is attached, during the Annual Meeting in Cleveland. As directed in the resolution, the Conference will be joining with our other local government partners to petition the FCC to reconsider this rule by the July 5 deadline, which is the same date the rule takes effect. We are also examining our judicial options in the event FCC refuses to make the key changes we are seeking. I will contact you later this month to explain these options further. In the meantime, I would ask you to take the following steps: o Please write your Governor (see attached draft), asking him/her to get engaged (as well as the National Governors' Association) in this issue. · Please write your Congressional delegation (see attached draft), advising them of your concern about this issue and requesting them to take action to get FCC to change this rule. I am now preparing a sample op/ed piece that I will provide to you in a separate mailing. Please take a few minutes to help on this matter. I will forward more information shortly. LAW OFFICES OF 1VIH~LER, CANFIELD, PADDOCK AND STONE, P.L.C. S~DNEY T. MILLER (18~4-'1040! A I~OZ~.SSZONAL Lz2vwr~ LLxazLrrY COM2~ANY GEOR(3E L. C,~FIELD (lees-lO28) BLOOMFm. i:) HILl.I, IdiCi4lG~ql L~/V~S H. PADDOCK (1 See-1036) ]..~..~ Z%l*~N~-L]~.~2%ITH S~, N.Vv'. OETROIT. MICHI(I~I FE, RPJS O. STONE i~882-1046) ~ 400 KALAMAZOO, MlCt. U(~M~ INCOflPOflABNG THE PRACTIC~ OF WAS]*~'qOTON, D.C. 20036 M~LLER & HO~OOICE NE~V YORK, N.Y. W,41~INQTON. TELEPHONE (202) 429-5575 (202) 785-0600 AFF~UATED OmCF. S: PEN~,ACOLA, IR. OFUDA FAX (202) 331-1118 ST. PrrrmsauRo, FLORK)A (202) 785-1234 QOAJ~SK. POLAHO WAfl~AW, POLAND TO: The Honorable Mayor Michael Guido City of Dearborn, Michigan FROM: Miller, Canfield, Paddock and Stone, P.L.C. RE: FCC Order on Open Video Systems (OVS): Key Issues DATE: July 3, 1996 On June 3, the FCC issued an order establishing rules for open video systems ('OVS'). The OVS provisions of the Telecommunications Act of 1996 were intended to provide local telephone companies with a new way to provide video services as an optional alternative to the traditional federal Cable Act model. Under the 1996 Act, OVS is relieved of some of the f~eral requirements of the Cable Act, in return for setting aside up to two-thirds of its capacity for others on a quasi-common carrier basis. The Fee's OVS Order, however, goes disturbingly far beyond the 1996 Act. Rather than confining itself to making federal rules that OVS operators must follow, the FCC has intruded into state and local relationships with right-of-way users. The Order claims to preempt all local government right-of-way franchising authority over OVS. And the Order states that anyone - including existing cable operators under many circumstances - may become OVS operators. In essence, this is an attempt by the FCC to give everyone a federal right to use local public rights-of-way, without having to negotiate with the local government for use of its property. Thc Order not only misinterprets Congress' intent, but poses a serious threat both to cable franchising and to local government property rights. I. An OVS will essentially be-a cable television system immune from local franchise requirements. · An OVS can be -- and in the near term almost certainly will be -- technologically identical to a cable system. Thus, OVS will be a cable system in all but name. CANFIELD, PADDOCK AND STONE, P.L.C. -2- · The FCC, not the local government, approves OVS operation. And the FCC process is pro forma: The FCC approves an OVS on ten days' application, with only five days for public comment. In addition, the OVS operator is not required to give notice of its application specifically to the local governments whose streets the OVS operator will use. · Once an OVS is certified by the FCC, the FCC appears to believe that a local government cannot evict it or keep an OVS out of the local rights-of-way. · Although the new Telecommunications Act provides that OVS is supposed to be open to use by video providers unaffiliated with the OVS operator, the FCC's rules largely insulate the OVS operator from challenge if it refuses to carry an unaffiliated video provider. The rules are an open invitation to the OVS operator to make back-room deals with one or two friendly "unaffiliated" programmers so that the OV$ operator, just like a cable operator, controls virtually all capacity on the system. H. Any person can get FCC authority to build and operate an OV$ in your streets. · The Order allows not only LECs, but any other person, to become an OVS operator. · Even the local cable operator may convert to OVS by FCC waiver, or if there is "effective competition." · The FCC requires no financial, technical, or legal qualifications to get an OVS certificate. IH. The FCC restricts the compensation paid by OVS operators for use of the public rights-of-way. · In terms of cash compensation, an OVS operator will pay only a fee "in lieu of" a franchise fee to the local government. This will reduce the revenues paid to local governments. Although the fee is capped at the same rate as the cable operator's franchise fee, the base on which the OVS fee is calculated will be smaller, because the fee will not apply to the revenues of 'unaffiliated" video programming providers on the OVS system. · In terms of in-kind compensation: CANFIELD, PADDOCK AND STONE, P.L.C. -3- · The OVS operator never has to do more than the existing or previous cable franchise's PEG obligations. And the Order contains ambiguous 'cost sharing" language suggesting an argument that the OVS operator and the cable operator in the same community may simply split the cable operator's existing PEG requirements. · The community cannot require an OVS operator to build an institutional network or extend service to the entire community, even if the cable operator has to do so under its local franchise. IV. The FCC professes to preserve local right-of-way management authority, but in practice negates that authority. · The FCC apparently seeks to preempt all "franchise-like" state and local law requirements, even though the Telecommunications Act refers only to federal Cable Act franchise requirements, not to local governments' general franchise authority. · The FCC provides no mechanism for a local government to impose and enforce terms and conditions for access to and use of the rights-of-way. · The FCC appears to say that any right-of-way management requirements imposed on the OVS operator must be equal to those imposed on all other users of the rights-of-way. In many jurisdictions, this may be impossible to do, and it fails to reflect the real differences that exist between different right-of-way occupants, even among telecommunications companies. · The FCC's language could allow OVS operators to bypass any individual negotiations between OVS operators and the community to resolve issues such as size of project, experience of the company and impact on third parties, or issues such as insurance, indemnification, construction standards, right-of-way location, frequency of trenching, minority contracting standards and similar issues. · The FCC appears to prohibit local government review and approval of OVS technology or installation plans. MU.T.~'R, CiNlm~n, PADDOCK AND STONE, P.L.C. -4- V. OVS rules may wipe out cable operators' incentive to bargain in good faith in cable franchise renewals. If a cable operator is dissatisfied with renewal negotiations or is denied renewal, it may argue that the FCC's rules permit it to become an OVS operator and avoid any updated franchise obligations. VI. The rules create a loophole that telephone and long distance companies m~y use to avoid negotiating compensation for their other uses of the public rights-of-way. · Some LECs and long distance companies are in the public fights-of-way now under outdated franchises or implicit authority fled to the old concept of monopoly utility service. · The FCC OVS process allows a LEC to enter the video business without meeting with local officials to discuss revisions to the LEC's outdated telephone franchise. · Once in the right-of-way with OVS authority, LECs may argue that the FCC rules permit any other use of the OVS facility, including telecommunications, without further negotiation with the local government. The deadline to file a petition asking the FCC to reconsider its rules is Friday, July 5. Oppositions to the petition for reconsideration are due Monday, July 15. The deadline for appealing the rules to a court will be Monday, August 5, 1996. WAFSI~l$899.4~107~/74X~01 Resolution Adopted at 64th Annual Conference of Mayors June 21-25, 1996 Cleveland, Ohio FEDERAL COMMUNICATIONS COMMISSION AND PREEMPTION OF LOCAL AND STATE AUTHORITIES WHEREAS, the Federal Communications Commission (FCC) in its initial implementation of the Telecommunications Act of 1996 has moved aggressively to preempt traditional and legitimate state and local government police power authorities; and WHEREAS, these actions have occurred in final rules issued in March 1996 regarding the regulation of satellite earth stations and again in June 1996 regarding the regulation of Open Video Systems; and WHEREAS, the rule on satellite earth stations preempts and renders unenforceable any and all state and local health, safety, or aesthetic regulations that may affect the installation and location of these devices, an action that exceeds the intent and provisions of the Telecommunications Act of 1996 or other existing law; and WHEREAS, the rule is totally unprecedented in its intrusiveness into affairs properly reserved for state and local governments and responds to unjustified industry claims that the exercise of these legitimate local and state authorities bar or effectively prohibit these devices; and WHEREAS, this rule attempts to use the federal "commerce clause" to reach into the domain of traditional and appropriate local government powers without clear congressional intent, substantial federal interest, or appreciable adverse impacts on interstate commerce; and WHEREAS, the rule on open video systems preempts state and local authorities to franchise or control access to public property for commercial use by private companies and further subordinates local fight-of-way controls, both management and compensation, to federal requirements and oversight, another action that exceeds the intent and provisions of the Telecommunications Act of 1996 or other existing law; and WHEREAS, the open video systeTM rule is also totally unprecedented in its intrusiveness into affairs properly reserved for state and local governments and responds to unjustified industry claims that the exercise of these legi 'tunate local and state authorities bar or effectively prohibit the establishment of these systems; and WHEREAS, the rule on open video systems extends the federal "commerce clause" into the domain of traditional and appropriate local government powers and intrudes on the rights of local government under the 5th Amendment to the Constitution of the United States; and WHEREAS, The U.S. Conference of Mayors has joined with individual cities, counties, the National Association of Counties, the National League of Cities and others in filing comments with the Federal Communications Commission to state the above complaints; and WHEREAS, the comments of local governments were largely rejected by the Federal Communications Commission, and The U.S. Conference of Mayors has joined in filing petitions for reconsideration that are now pending before that agency; and WHEREAS, the Federal Communications Commission is now proposing additional preemption of other local powers and further intrusion into local community control and compensation for use of those rights-of-way, NOW, THEREFORE, BE IT RESOLVED that The U.S. Conference of Mayors calls upon the Federal Communications Commission to restore normal and traditional federal relations with respect to state and local powers and local property rights and to withdraw or to substantially amend the agency's recent rules on satellite earth stations and open video systems; and BE IT FURTHER RESOLVED that The U.S. Conference of Mayors calls on the Federal Communications Commission to cease and desist from any future actions that might obstruct state and local actions to exercise normal police power over normal community activities, or to negotiate reasonable compensation or to control use of public rights-of-way; and BE IT FURTHER RESOLVED that The U.S. Conference of Mayors is directed by its member mayors to continue to seek such results from the Federal Communications Commission and to urge Congressional intervention or action to secure these changes; and BE IT FURTHER RESOLVED that The U.S. Conference of Mayors, in partnership with individual cities and other local government interests, should seek judicial remedy to invalidate these federal agency intrusions and to preserve and protect traditional and legitimate local government authorities over zoning, public health, public safety, public welfare, and the public rights-of-way; and BE IT FURTHER RESOLVED that The U.S. Conference of Mayors is directed to raise resources from its members to support these judicial actions. MEMOPJtNDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY M_~IAGER~ SUBJECT: AGENDA ITEM # 0 ~. - MEETING OF JULY 23, 1996 JOINT PROJECT AGREEMENT WITH PALM BEACH COUNTY FOR LAKE IDA ROAD MEDIAN IMPROVEMENTS DATE: JULY 19, 1996 This is before the Commission to consider a Joint Project Funding Agreement with Palm Beach County concerning the City's joint participation project with the County in conjunction with the widening of Lake Ida Road between Congress and N.E. 2nd Avenues. In the Joint Project Agreement dated July 5, 1994, the City agreed to pay the additional cost associated with the installation of curbed median improvements. The City's cost portion has now been determined to be $40,966.70, based on the County's contract with Smith and Company, Inc. Funding is available from East Lake Ida Road Beautification (Account No. 334-4144-572-63.31). Recommend approval of the attached Joint Project Funding Agree- ment for $40,966.70 pursuant to the Joint Project Agreement with Palm Beach County for the Lake Ida Road median improvements. Agenda Item No. AGENDA REOUEST Date: July 15 1996 Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda When: July 23,1996 Description of item (who, what, where, how much): Staff requests CQmmission approval of an Interlocal Aqreement with Palm Beach County for a joint participation project in conjunction with the widening of Lake Ida Road, between Congress Avenue and N.E. 2nd Avenue, for additional costs associated with the installation of curbed medians for which the City's cost portion is $40.966.70. Funding is from account 5334-4144-572-63.31, East Lake Ida Road Beautification, Project No.91- 003,2 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Interlocal Agreement with Palm Beach County. ~~~ Department head signature: ..... Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available~NO Funding alternatives"---~ Of applicable) Account No. & Description~-~/~-~-~ ~! ~-X/C¢~ ~ 3m~> Account Balance ~ ~t~70.'~ ~,~ ~ ~ City Manager Review: ~ ~~7~g Approved for agenda: ~ES/N Hold Until: ~ [~T/ Awenda Coordinator Review: Received: Placed on A~enda: Action: Approved/Disapproved File: AG~Y23.DOC DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: C. Danvers Beatty, P.~ City Engineer DATE: July 15, 1996 SUBJECT: Interlocal Agreement with Palm Beach County - Lake Ida Road Median Improvements - Project No. 91-003.2 Attached is an agenda request, approval from the City Attorney's office and a copy of an Interlocal Agreement with Palm Beach County for a joint participation project in conjunction with the widening of Lake Ida Road, between Congress Avenue and N.E. 2nd Avenue. Also attached is a copy of the previously executed Joint Project Agreement, dated July 5, 1994. This agreement addresses additional cost associated with the installation of the curbed medians; for which the City's cost portion is $40,966.70, based on the County's contract with Smith and Company, Inc., the low bidder for this project. I have reviewed the items and quantities and am in agreement with the proposed amount. Funding for this portion of work is from account #334-4144-572-63.31, East Lake Ida Road Beautification. I am requesting that you place this item on the July 23, 1996, regular Commission meeting agenda for their consideration. DB:mm cc: William H. Greenwood, Dir. of Environmental Services Victor O. Majtenyi, Construction Tech. Barbara Garito, Deputy City Clerk File: Project No. 91-003.2 (D) AGMEM612.DOC Board of Coun~ Commissioners County Administ~tor Ken L. Fostec Chairman Robert Weisman Bu~ Aaronson, Vice Chairman Karen T. Marcus C~ol A. Robe,s Department of Engineering Wa~en H. NeweH and Public Works MaT McCa~y ~ Maude Ford Lee April 17, 1996 City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 ATTN: C. Danvers Beatty, P.E. city Engineer RE: LAKE IDA ROAD FROM CONGRESS AVENUE TO SWINTON AVENUE JOINT PROJECT FUNDING AGREEMENT PALM BEACH COUNTY PROJECT %90502 Dear Mr. Beatty: Enclosed herewith are three original Joint Project Funding Agreements for the median modifications on the referenced project. Smith & Company, Inc. was the lowest responsive bidder which included your items of work in the amount of ~, which the contract was awarded by the Board of Co~..ty Commissioners on November 7, 1995. ~~&,7~ Please review and request the City to execute the agreements and return all three originals for execution by the County. If you have any questions regarding this matter, please feel free to contact this office. Sincerely, ~.~ Ronald L. Crone, P.E., P.L.S., Director ~i::~ Roadway Production Division '.~ RLC:~:rac Eric. cc: Edwin Jack, P.E., Deputy County Engineer L. Javier Lopez, P.E., Program Manager, Roadway Production Tanya N. McConnel!, P.E., Project Manager Carl Miller, Director, Construction Coordination Ronald L. Terrell, Sr., P.E., Roadway Production Evelyn Allen, Director, Administrative Services Joseph F. Bergeron, CPA, Capital Budget Manager/OFMB "An Equal Opportunity - Affirmative Action Employer" (~printodonrecyclodpal~or BOX 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000 [lTV Oi: OEI. RIq¥ ..... -~ '- -' Writor's Direct Line: (407) 243-7091 DI~LRAY BI~ACH AII.Am~ca City MEMORANDUM ~ ~,)3 TO: C. Danvers Beatty, P.E. City Engineer FROM: Brian Shutt, Assistant City Attorney SUBJECT: Agreement for Median Improvemems Lake Ida Road I have reviewed the attached agreement for legal sufficiency and have no comments or changes. Please call if you have any questions. AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF DELRAY BE~CH FOR JOINT PROJECT FUNDING IN CONSTRUCTION OF LAKE IDA ROAD FROM CONGRESS AVENUE TO SWINTON AVENUE PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 90502 THIS AOREEMENT, made and entered into this day of 1996, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida herein referred to as "COUNTY" and the CITY OF DELRAY BEACH, a political subdivision in the State of Florida, herein referred to as the "CITY", the COUNTY has caused to be ~HEREAS, prepared roadway construction plans and specifications for improving Lake Ida Road from Congress Avenue to Swinton Avenue, Palm Beach County Project #90502, hereinafter referred to as the "Project". WHEREAS, the COUNTY and CITY have entered into a Joint Project Participation Agreement dated July 5, 1994, (R-94-796-D) to construct certain median and other improvements within the right-of-way of the "Project", hereinafter the "Work"; and WHEREAS, the CITY desires to construct the "Work" and has caused the COUNTY's plans to be modified to include the construction of the "Work"; and WHEREAS, Florida Statutes, Section 163.01, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and /%GREEMENT WITH THE CITY OF DELRAY BEACH WHEREAS, both the COUNTY and the CITY declare that it is in the public interest that the "Work" be constructed with the aforementioned "Project"; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: 1. The agreement between the COUNTY and the CITY for the Joint Project Participation in Construction of median and other improvements for Lake Ida Road from Congress Avenue to Swinton Avenue, dated July 5, 1994 (Resolution R-94-796-D), attached hereto (Attachment "A"), is incorporated by reference and made a part of this agreement. 2. The CITY agrees to pay directly to the COUNTY ali costs attributable to construction of the "Work" as outlined and shown in the Bid Documents for Palm Beach County Project #90502. 3. S~id summation of costs is stated in the amount of ~~n accordance with the attached bid tabulation (Attachment "B") and summary (Attachment "C") for the specified work. 4. Costs shall be adjusted upon actual contract costs and completion of the project using contract unit prices and actual constructed quantities, said quantities being measured by the Palm Beach County Engineering and Public Works Department. AGREEMENT WITH THE CITY OF DELRAY BEACH 5. The CITY agrees to fund those contributions set forth in Paragraphs 1 through 4 above within thirty (30) days of receiving written notice from the COUNTY that funding is required. 6. The COUNTY is to be responsible for administering the funds in accordance with the Agreement. 7. The COUNTY shall obtain CITY approval for any change orders which increase the cost attributable to the.construction of the "Work" to an amount greater than the contract amount as stated in Paragraph 3 of this agreement. The CITY shall be responsible for any cost caused by th~ CITY's delays including but not limited to change orders attributable to the roadway improvements as it relates to the CITY's work. 8. In the event that additional work and funding is required, the additional cost attributable to said construction of the "Work" as outlined in the specifications for this project is the responsibility of the CITY. In the event of an under run attributable to said construction of the "Work" as outlined in the specification, the CITY will be credited the excess amount. ~GREEMENT WITH THE CITY OF DELRAY BEACH 9. Without waiver of limitation as provided for in Section 768.28 (5), Florida Statutes, and to the extent permitted by law, COUNTY agrees to indemnify and hold harmless the CITY from and against any claims, losses, demands or causes of action of whatsoever kind or nature that the CITY, its agents or employees, may or could sustain as a result of or emanating out of the terms and conditions contained in this agreement that result from the COUNTY's negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.28 (5), Florida Statutes, and to the extent permitted by law, CITY agrees to indemnify and hold harmless the COUNTY from and against any claims, losses, demands or causes of action of whatsoever kind or nature that the COUNTY, its agents or employees, may or could sustain as a result of or emanating out of the terms and conditions contained in this agreement that result from the CITY's negligence or willful misconduct. 10. Ail provisions of this Agreement calling for the expenditure of ad valorem tax money by either COUNTY or CITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. 11. Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. AGREEMENT WITH THE CITY OF DELRAY BEACH All notices to the CITY shall be sent to: City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 ATTN: Mr. C. Danvers Beatty, P.E. City Engineer All notices to the COUNTY shall be sent to: George T. Webb, P.E., County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416-1229 ATTN: Roadway Production IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA, By: By: Mayor Chairman ATTEST: ATTEST: DOROTHY H. WlLKEN, CLERK BY: BY: City Clerk Deputy Clerk APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL LEGAL SUFFICIENCY: SUFFICIENCY: BY: BY: city Attorney County Attorney 5 H :~roa~lway~agrmt\90502.CDB Final 4/16/96 ,, AGREEHENT BETWEEN ~HE CX~Y OF DE~Y BE~CH ~D P~ BE~CH COUNTY~ F~RIDA FOR JO~N~ PR~E~ P~CIPA~ON IN CONSTRU~ION OF ~ IDA FROH CONGRESS AVE~E ~O SWINTON AVE~E PA~ BEACH CO~TY~ F~R~DA BEACH COUNTY PR~E~ NO. 90502 ~; day of 1994., by and between the CO~ Ol ~ PA~ BEACH, a political of Florida, subdivision of state ' "'~ !i hereinafter called and referred to as the mCOUNTY" and the ~-OF DE~Y B~CH, a municipality in the S2ate cE Florida, hereinafter called and refferred to as the "CITY", IITNBB SBTH I ~. WHEREAS, the COUNTY has caused to be prepared roadway · construction plans and specifications for improving the :!Lake Ida Road from Congress Avenue to Swinton Avenue~ and WHEREAS, the CITY desires to construct certain median and other improvements within the right-of-way of Lake Ida Road !; from Congress Avenue to Swinton Avenue, in conjunction with the i; COUNTY's roadway construction improvements of Lake Ida Road from ,: Congress Avenue to Swinton Avenue; and NHBREI%S, Florida Statutes, Section 163.01, allows :! governmental units to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage; and WHERE&S, the execution of this agreement is in the best interest of both governmental units by promoting efficient construction of road improvements along the Lake Ida right-of-way referred to previously; CITY OF DELI~AY BBACH NOW, THBREFOIt~, for and in consideration of the mutt covenants contained herein, the Parties to this Agreement ag~ as follows: ['.:'":' ~; 1. The CITY agrees to pay directly to the COUNTY all !! attributable to those CITY designed median end other lmprovemen~ ~- ~} for Lake Ida Road from Congress Avenue to Swinton Avenue, ..' Ii outlined and shown tn the Bid Documents for Palm Beach Coun~ · ' Project # 90502. ,! 2, The CITY will be responsible for the difference construction costs between the COUNTY's current design and th CITY's proposed design revisions. The costs would reflect th actual bid unit prices. 3. The CITY agrees to pay those contributions as set fort! ~ in Paragraphs i and 2 above within thirty (30) days of receivin~ ii written notice from the COUNTY that payment is required. 4. The COUNTY ts to be responsible for administering the " funds tn accordance with the construction contract agreement. !i 5. The COUNTY will perform all Inspections to the CITY's iidesign changes to certain median and other Improvements within the right-of-way of Lake Ida Road from Congress Avenue to Swtnton Avenue I and 6. The COUNTY shall obtain CITY approval for any change orders which Increase the cost attributable to the roadway improvements designed by the CITY to an amount greater than the contract amount as stated tn Paragraph 1 of this agreement. The CITY shall be responsible for any cost caused by the CITY's delays included but not limited to change orders attributable to ; the roadway improvements as it relates to the CITY's work. ~'OITY OF DRLRAY BB~CH i! 7. In the event that additional work and funding it .i required, by the CITY, the additional cost attributable to saic . construction of road improvements as outlined, in th~ iil specifications for this project is the responsibility of th~ :-!".- ,'CITY. In the event of an under run attributable to said I~Jc0nstructi°n of. road improvements as outlined in the lispecification, the CITY ,ill be credited the excess amount. '.' :' 8. #tthout waiver of limitation as provided for in Section ~768.28 (5), Florida Statutes, and to the extent permitted by law, 'cOUNTY agrees to indemnify and hold harmless the CITY from and i against any claims, losses, demands or cause of action of lwhateoever kind or nature that the CITY, its agents or employees, !ima¥ Or.could sustain as a result of or emanating out of the terms ~;and conditions contained in this agreement that result from the :COUNTY;s negligence or willful misconduct. Without waiver of limitation as provided for in Section ! 768.28 (5), Florida Statutes, and to the extent permitted by law, iiCITY agrees to indemnify and hold harmless the COUNTY from and iiagainst any claims, losses, demands or causes of action of !lwhatsoever kind or nature that the COUI~TY, its agents or I!employees, may or could sustain as a result of or emanating out : of the terms and conditions contained in this agreement that result from the CITY's negligence or willful misconduct. 9. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either COUN?Y or the CITY are subject to annual budgetar~ funding and should either Party involuntarily fail to fund any of their respective obligations ~ursuant to this Agreement, this Agreement may be terminated. 10. This Agreement shall be executed in triplicate and th !1 COUNTY shall retain two (2) and the CITY shall retain one (1 II copy. All shall be considered an original. 11. Any and all notices required or pernitted to be givel hereunder shall be deemed received five (5) days after same ar( deposited in U.S. Mail sent via ~ertified mail, return receipt requested. Ail notices to the CITY shall be sent to: City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 ATTH:Hr. Richard Hasko, P.E. Deputy city Engineer ii ;' Ail notices to the COUNTY shall be sent to: I~ George T. Webb, P.E., County Engineer . Engineering and Public Works Department ti P.O. BOX 21229 iI West Palm Beach, FL 33416 ATTH: Roadway Production OXTY OF DRLR~Y XM WXMgH ~X~OF, the County of Palm Beach~ Flo~Xda ha caueed ~hXs AgFeemon~ ~o be slued by ~he ChaX~an of ~he Boar( o~ County Co~issione~s and ~h~ I~al.o~ said Board to ~e affix~ hereto and attested b~ the Clerk of sa~d Board, pursuant tc ' authority granted b~ sa~d Board, and ~he C~ty of Delray Beach ha~ caueed this Agre~ent to b~ signed In its na~o by ~ts Cha~a~ and its seal to ~e affAxed hereto, a~tested by its Secre~a~, the "/ date and year Eirst above ~itten. CITY OF DE~Y B~CH P~ B~CH ~Y, F~RID~, BY ITS BO~D OF CO~TY CO.IlS ~ONERS ~GA~ SUFFICIENC~ ~ SUFFICIENCYl H:~roadway%alt nn t%OO~90.502m. I db (final ATTACH~4ENT "B" PROJECT NAME: LAKE IDA ROAD/CONGRESS AVENUE TO SWlNTON AVENUE A3-1'ACHMENT "C" PROJECT NUMBER: 90502 CITY OF DELRAY BEACH ITEM QUANTITY UNIT UNIT PRICE AMOUNT ROADWAY ITEMS INCREASED QUANTITIES 8 Embankment (Compacted in place) 478 CY $ 4.75 $ 2,270.50 30 Inlets (Type 10) 11 EA $ 1,410.00 $ 15,510.00 43 Concrete Pipe Culvert (15") 823 LF $ 27.65 $ 22,755.95 57 Concrete Valley Gutter 168 LF $ 7.00 $ 1,176.00 59 Concrete Curb (Type"D") 4,421 LF $ 6.30 $ 27,852.30 60 Concrete Traffic Separator (Type IV) (4") 610 LF $ 17.50 $ 10,675.00 $ 80,239.75 DECREASED QUANTITIES 9Type C Stabilization 3,495 SY $ 1.75 $ 6,116.25 10 Limeroc'k Base (8") (Dbl. Course) (Incl. Prime Coat) 3,128 SY $ 5.60 $ 17,516.80 65 Type S-1 Asphalt Conc. (2 3,128 SY $ 5.00 $ 15,640.00 $ 39,273.O5 Total Increase $ 80,2;~9.75 Total Decrease $ 39,273.05 $ 40,966.70 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf7i I RENEWAL OF TRAINING AGREEMENT FOR VOCATIONAL EDUCATION PROGRAMS/SCHOOL DISTRICT OF PALM BEACH COUNTY DATE: JULY 19, 1996 This is before the Commission to approve renewal of a training agreement between the School District of Palm Beach County and the City of Delray Beach for the period July 1, 1996 through June 30, 1997. This agreement, which has been reviewed by the City Attorney, allows the City to continue prividing high quality educational training including computer software training to City employees at low cost. All training costs remain unchanged from last year's rates, and funding will be available from individual departmental budgets. Recommend renewal of the training agreement with The School District of Palm Beach County, for the period July 1, 1996 through June 30, 1997. Agenda Item No,: 0[/ ' AGENDA REQUEST Date: July 15, 1996 Request to be placed on: XXX Regular Agenda (CONSENT) Special Agenda Workshop Agenda When: July 23~ 1996 Description of item (who, what, where, how much): ~uuest City Commission C~ntv and the City of Delrav Be~c~ for the Deriod J~lv 1. 1996 th~ 3~e 30. 1997 (Example: ..Request from Atlantic High School for $2,000 to fund project graduation). ORDIHANCE/ RESOLUTION REQUIRED: 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: City Attorney Review/ Recommendation (if applicable): The City Attorney has reviewed°and approved the material. Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: Various Department Budgets City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Douglas G. Randolph, Training and Development Manager'S.~' THRU: Edward J. Gusty, Director of Human Resources ~ DATE: July 15, 1996 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, 1996 thru June 30, 1997. 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 low cost. All training costs remain unchanged from last years rates. Susan Ruby 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 July 23, 1996 Commission meeting agenda. attachments: doc/school MEMORANDUM T~ Susan Ruby, City Attorney /~M:"~--~ Doug Randolph, Training and Development Manager'<~?,) ~-- THRU: Edward J. Gusty, Director of Human Resources DATE: July 10, 1996 SUBJECT: SCHOOL BOARD AGREEMENT - VOCATIONAL TRAINING PROGRAMS I have provided you with a copy of the agreement between the School Board of Palm Beach County and the City of Delray Beach. As you are aware, this agreement allows us to continue to provide educational training to our employees at an extremely low cost. In reviewing the new agreement, I find no changes from last years document. After your approval, ! will submit an agenda request for City Commission Approval at the July 23rd. meeting. attachments [ · I C4 ~ doc/yep ~/I~. (~'"' ~ 'JUL I0 1996 ,, AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY CITY OF DELRAY BEACH FOR VOCATIONAL EDUCATION PROGRAMS This agreement is entered into between the City 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. Scope 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 re~ulariy 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 t~e courses with the AGENCY. D. Provide and prepare an instructionatschedule for teachers and students which willConform~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. 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 al~ classes. F. Provide-needed A/V equipment, copier services, student materials, 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. H. 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 work 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 Aqree That: 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 instructiona~ 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 contracts 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 law~ 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~ -2- 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 768.2'8, Florida Statutes. Dou§ Randolph/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 Jul~ 1. 1996 , and shall remain in effect through Jun, 20. 1997 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 CITY OF DELRAY BEACH Agency The School District of Palm Beach County, Florida By B~ Agency Administrator Sandra Richmond, Chairman (SEAL) ~ Attest '~ Attest ~ -Joan P. Kowal Superintendent ___R~ewed and Approved By: Attorney -3- Addendum B SCHOOL DISTRICT SUPPLIED INSTRUCTION PART-TIME PROGRAMS AGENCIES re.quiring a School District instructor to provide classroom training will agree to: 1. Provide matriculation fees to the PROVIDER as set by the Florida Legislature. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f~ / SUBJECT: AGENDA ITEM # ~'- MEETING OF JULY 23, 1996 RENEWAL OF HUMAN AFFAIRS INTERNATIONAL, INC. EMPLOYEE ASSISTANCE PROGRAM DATE: JULY 19, 1996 This is before the Commission to consider renewal of the contract with Human Affairs International, Inc. for the Employee Assis- tance Program. The proposed rate of $3.55 per employee per month is a seven percent increase over the current rate of $3.32. This rate adjustment takes into account higher case utilization and includes cost of living factors. Recommend approval of the contract renewal with Human Affairs International, Inc., with funding from Insurance Fund - Professional Services Other (Account No. 551-1576-591-31.90). Agenda Item No.: f'~' AGENDA REQUEST Date: July 12, 1996 Request ~o be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 07/23/96 Description of agenda item (who, what, where, how much): Renewal of Human Affairs International Employee Assistance Pro~ram (EAP). $3.55 per employee per month. (Presently we have approximatley 700 employees). Renewal date of October 1~ 1996. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: ~p~-~_ Department Head Signature:~--~~:~~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items .involving expenditure of funds): Funding available: YES/ ~ Funding alternatives: (if applicable) Account No. & Description: 551-1576-591-31.90 (F/Y 96-97) Account Balance: ~29~820.00 City Manager Review: Approved for agenda: / NO Hold Until: Agenda Coordinator Review: Received: Ac t ion: App roved / D i s approved Human AIfairs International, Inc. 3500 Piedmont Road, Suite 775 Atlanta, GA 30305 (404) 814-4800 May 17, 1996 Mr. Edward Gusty Human Resources Director City of Delray Beach 100 NW 1 st AvenUe ' ' Delray Beach, FL 33444 Dear Ned: In preparation for the renewal of the EAP contract for the City of Delray Beach effective October l, 1996, I am submitting, for your consideration, HAI's proposed renewal rate for 1996-97. HAI's Underwriting Department has reviewed the renewal pricing and has determined the renewal rate to be $3.55. This represents a 7% increase from the current rate of $3.32. This rate adjustment covers cost of living factors as well as adjusting for the higher case utilization experienced in this program year. For the first six months of this program year, 26 cases have already been opened in comparison with a total of 23 cases opened for all of the program year 1994-95. Included with this letter are the financial assumptions upon which the renewal rate is based. I will call you after you have had an opportunity to review this renewal request so that we can address any questions or issues which you may have. Please know that HAI looks forward to a continued partnership with the City of Delray Beach in the forthcoming program year. Best regards. Martha Ann Rabon, LCSW Account Executive MAR/nn Enc. . HU, IN , AFMIR , Behavioral Healthcare Solutions~ Program Fees Human Affairs International is committed to providing the highest quality of mental health and substance abuse care and service to plan participants, while achieving effective control of care costs. We are pleased to offer HAI's Employee Assistance Program (EAP) to City of Delray Beach at the following rate: Cost Per Employee Per Program Model Month (PEPM) 1-8 EAP $3.55 These monthly rates include access 24 hours a day every day of the year, up to eight assessment sessions, referral, crisis intervention, standard customer reports, and a comprehensive communications package. The program cost is determined by the EAP selected and the number and location of covered employees. Other Fees: Occasionally, a client requests services not included in the standard HAI program. Special reports and requests for information which would require extra computer programming time, special documentation, or additional administrative input will be addressed at the time the request is made. Financial Assumptions: , The rate quoted for this voluntary EAP is valid for the proposed contract period of October 1, 1996 through September 30, 1997. , The rate assumes that City of Delray Beach does not have an ongoing mandatory or random drug testing program. . The rate quoted assumes a covered employee population of 680 employees. If the number of employees differs by more than 10% during the contract period, HAl reserves the right to adjust the proposed renewal rate. , The rate quoted assumes no hours of employee/supervisor orientation sessions. Employee/supervisor training is available at $150 per hour (excludi/ngmonlocal travel expenses and special instructional material, if any). ~ n Critical incident debriefing (CID) services provided at th~,vork place are charged at $190 per hour (excluding travel expenses). Clinical services provided/at HAl service locations in response to crises are covered under standard EAP pricing. n The rate quoted includes HAI's comprehensive EAP communication package: 50 behavioral health newsletter articles, 2 employee and 2 supervisory orientation videos, 4 different posters (1 set per 150 employees), introductory brochure with detachable wallet card (supplied at 1.3 per employee), and workplace assistance supervisory brochure (supplied at 1 per 10 employees). Additional communication materials or required text changes to HAYs standard communication materials will be charged on a fee-for-service basis. If City of Delray Beach engages in producing its own communication materials, HAI reserves the right to review all materials prior to distribution. Program Fees (Cont.) The rate quoted includes HAl's standard quarterly utilization reports for one division. If more frequent reports, or reports for additional locations are desired, they will be charged on a fee-for- service basis, depending on requested services. NOTE: A minimum of 300 employees is needed to provide location-specific reports due to concerns over confidentiality. The rate quoted assumes that the medical plan coverage for behavioral health benefits does not require access to the EAP in order to obtain an enhanced behavioral health benefit. Should the plan design reflect such an incentive, HAI reserves the right to adjust the rate accordingly. The rate quoted assumes that program administration shall follow HAI's standard administrative practices. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~' - MEETING OF JULY 23, 1996 MANAGED CARE ARRANGEMENT WITH GENEX SERVICES, INC./ WORKERS ' COMPENSATION DATE: JULY 19, 1996 This is before the Commission to consider a formally managed care arrangement with Genex Services, Inc., for medical claims as required by Florida Statute 440.134 (Workers' Compensation). Genex has a direct computer interface with Gallagher Bassett Services, the City's third party claims administrator. This arrangement should provide prompt and efficient care, minimize paperwork, and ensure that the computer files of each entity are current; thereby resulting in more effective case management. Based on an employee count of 726 (full and part time), the rate of $2.63 per employee per month results in an annual fee of $22,912.56, with funding from Insurance Fund - Claims Handling (Account No. 551-1575-591-45.20). Recommend approval of Genex Services, Inc. for the handling of the City's Workers' Compensation medical claims. Agenda Item NO.: V~ AGENDA REQUEST Date: Request ~o be placed on: X Regular Agenda Special Agenda Workshop Agenda When: July 23, 1996 Description of agenda item (who, what, where, how much): Florida (Workers' Compensation) Statute 440.134 requir¢~ a "Manased Cara" madinm] provider program be instituted by ~ployers no later than January 1. 1997. Three such contractor programs were f~rmm]]y r~H ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: GENEX Services, Inc. should be given the contract as soon as possible. Annual fee will be $22,9~3.00 ($2.63 per employee per month @ 726 employeps, full and part-time). Co~tract reviewed by Ned Gusty, Joe Safford and Frank B~bin with union representatives. Department Head Signature: ~~ ~ ~ }~~ Determination of Consistency w'~~oomprehensive Plan: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (require4 on all items.involving expenditure of funds): Funding available: YES/ ~(X Funding .alternatives: ~) (if applicable) Account No. & Description: 5~1-1575-591-45.20 Account Balance: $75,000.00 (w~ City Manager Review: Hold Until: Agenda.Coordinator Review: Received: Action: Approved/Disapproved [ITY JIF EIELAI:IY BEI:I[H DELRAY BEACH ~ 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 1993 TO: 6oseph M. Safford, Finance Director,,./~ FROM: Frank Babin, Risk Management Officer [ ~ ~/ DATE: July 16, 1996 SUBJECT: Managed Care Arranqement Florida Statute 440.134 (workers' compensation) requires a "Managed Care Arrangement" be instituted by employers no later than January 1, 1997. A Managed Care Arrangement is a formally managed amd State approved medical provider network. You, Ned Gusty and I formally interviewed three contractors who could provide such a M~laged Care Arrangement, and provide related return-to-work, case management services, at the most cost effective price for the City. We unanimously selected GENEX Services, Inc. I will note that union representatives also met initiail¥ with GENEX representatives and expressed satisfaction with their organization. The GENEX proposal is as outlined in the attached July 15, 1996 letter from the Marketing Manager, Nancy Sterlacci, who has been our direct contact since the start of these negotiations. In general, we agreed that GENEX offers the most extensive service package, at the most competitive pricing: Complete case management, from initial contact with an injured employee until the return-to-work. GENEX "leases" the medical provider network, presumably allowing for a more objective assessment of the quality of service. Our current insurance broker system (Arthur J. Gallagher and Gallagher Bassett Ser¥ices) recommends GENEX. GENEX has an existinq computer interface directly with Gallagher Bassett Services, the City's third party claims administrator. This arrangement should minimize paperwork, and ensure the computer files of each entity are current, resulting in a ~re effective case management. Also eliminated, under such 'broker recommended' selection, is the excuse by either party that problems encountered are "not our fault". THE EFFORT ALWAYS MATTERS Printed on Recycled Paper Joseph M. Safford, Finance Director July 16, 1996 Page 2 The pricing was a "flat rate" and is considered exceptionally reasonable. Based on an employee count of 726 (full and part-time), the rate of $2.63 per employee per month calculates into an annual fee of $22,912.56. While there will be other additional direct costs ($1,000.00 State application fee; printing costs for Managed Care Arrangement wall posters, wallet identification cards, pamphlets), I don't believe them to be significant. If you concur, then please place this item on the "Agenda Request" for the July 23, 1996 City Commission meeting. I understand the signed request should be in the City Manager's Office by this Wednesday, July 17, 1996. We should get the application into the State as soon as possible since there probably will be a "rush" by employers to get these Managed Care Arrangements approved. FB/rc Attachment GENEX Services, Inc. 3300 University Drive Suite 625 Coral Springs, FL 33065 954-796-8633 fax: 954-796-8625 July 15,1996 Frank Babin City of Delray Beach 100 N.W. 1st. Avenue Delray Beach, FL 33444 Dear Mr. Babin: I would like to thank you and your colleagues for meeting with me over the last several months. I appreciate the opportunity you have given me, to discuss the GENEX solution to Managed Care. We are currently working with many Florida Municipalities as a Managed Care Partnership. As a National Company with 170 offices, and 17 years experience in the Managed Care industry, I believe you will find that GENEX is ready and able to provide the quality and service you expect. GENEX is offering the City of Delray Beach a Total Managed Care Arrangement for the cost of: $2.63/employee/month. This will include: 24 hour Registered Nurse Availability Telephonic Case Management Grievance Procedure Medical Bill Review with PPO Access On-site Case Management Assistance with development of employee education materials Administrative assistance with the state filing This pricing option excludes vocational case management and catastrophics, which will be billed at $71.00/hour. In addition, you are guaranteed four free employee education seminars which I, a Registered Nurse, will conduct. Each additional seminar is $200.00. Frank, I will be more than glad to work with you on the cost of the employee education seminars. At this point, once you have completed both forms, and produce a $1,000 check to AHCA, we can proceed with evaluating your employee education tools. I look forward to working with you, the City's Administration and the City's employees. If you ever have any questions or concerns regarding our services, please do not hesitate to call me. Again, thank you for your time. ~ Sincerely, Marketing Manager NS/mhb Enclosures Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: July 16,1996 Regular Agenda Special Agenda Workshop Agenda ~ Consent Agenda When: 3u1¥ 23, 1996 · Description of item (who, what, where, how much): Authorization and approval to issue subsidies to four eligible applicants under the Delray Beach Renaissance Program totlaing $74,398.05. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Funds are to be awarded from HOME Investment Partnership Program and State Housing Initiatives Partnership(SHIP) Program dollars. HOME Total $55,950 Account # 118-1923-554-83.01 SHIP Total $18,448.05 Account # 118-1924-554-83.01 (Example: Recommend approval with funding from Special Events Department Head Signature: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~ .- Funding availabl~O . Funding alternatives: ~ (i~ applicable) Account No. & Description: %i~-IQ~-~I~.-OI ~O,~c~.~.~{~% Account Balance: ~ ~ ~7,.~ ~,~.. I1~'-~l~ -~--q {~-- ~".~o~ %¢b~C~.~ 6v~ City Manager Review: Approved for agenda: ~/NO ~ / Hold Until: ~ .-- Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David Harden, City Manager Thru: Lula Butler, Community Improvement Director~ From: Dorothy Ellington, Community Development Coordinator Date: July 16, 1996 Subject: Renaissance Program Subsidy Recipients ITEM BEFORE THE COMMISSION: City Commission authorization and approval to issue subsidy to four eligible applicants under the Delray Beach Renaissance Program and approval to exceed the $20,000 maximum subsidy limits for one applicant. BACKGROUND: The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, The TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. The Renaissance Program focuses on very low, low and moderate income persons in Delray Beach. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The maximum subsidy award under the program is $20,000. An exception to this rule is necessary for one applicant because of the family's very low income status. The applicant is a Priority for both the Renaissance Program and for the U.S. Department of Housing and Urban Development. The Cranston-Gonzales Act was enacted to provide homeownership opportunities for persons living in Public Housing and/or receiving government rental assistance. The applicant is at 36% of median household income and currently receives Section 8 housing assistance. The Grant is secured by a Promissory Note approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit, are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less $40,000 per unit, are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION: Staff is recommending City Commission approval to fund subsidy for the eligible applicant of the following property: *Lot 18, Block 1, Rosemont Park/$13,603.35 *Lot 17, Block 1, Rosemont Park/$22.666.60 *Lot 9, Block 10, Atlantic Gardens / $20,000 *Lot 17, Block 47, Town of Delray / $18,128.10 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 68.01 NAME Pamela Flowers RPERTY ADDRESS XXX S.W. 1 lth Avenue, Delray Beach LEGAL DESCRPTION Lot 9, Block 10, Atlantic Gardens % OF AREA MEDIAN HOUSEHOLD INCOME 67 # IN HOUSEHOLD 2 COST OF HOUSE $70,950 COST OF LOT $.8,500 CLOSING COST $3,451.00 TOTAL TRANSACTION $82,901.00 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 54,500 CFC Bank RATE 7.75 LTV 65.66% SECOND MORTGAGE $ 15,000 City of Delray, HOME $ 5,000 City of Delray, SHIP $ CRA of D~lray $ Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ 5,000 HTF "A" CITY PERMIT FEES WAVIED $ 1,300 APPLICANT FUNDS Pr¢-paids $ 305.00 Escrowed $ 500.00 Paid at closing $1296.00 TOTAL TRANSACTION $82,901.00 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 68,01 NAME D~nni~ and Cirillo RPERTY ADDRESS XXX S.W. 4th Avenue. Delra_v Beach LEGAL DESCRPTION Lot 18. Block 1. Rosemont Park % OF AREA MEDIAN HOUSEHOLD INCOME 62 # IN HOUSEHOLD 5 COST OF HOUSE $68,700 COST OF LOT $9,000 CLOSING COST $4.166.35 TOTAL TRANSACTION $81,866,35 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 66,500 (~F(~ B~mk RATE 8,00 LTV 85,26% SECOND MORTGAGE $ 10,125 City_ of Delray. HOME $ 3,478.35 City_ of D~lray: SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ BUILDER/CDC CONSESSION $ APPLICANT FUNDS Pre-paids $ 255.00 Escrowed $ 500.00 Paid at closing $1,008.00 TOTAL TRANSACTION $81,866,35 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 67 NAME John Brown an~l Wendy mosley RPERTY ADDRESS 229 S.W. 3rd Avenue. Delray Beach LEGAL DESCRPTION Lot 17, Block 47, Town of D~lr~y % OF AREA MEDIAN HOUSEHOLD INCOME 69 # IN HOUSEHOLD ~ COST OF HOUSE $70,500 COST OF LOT $10,000 CLOSING COST $4,028,10 TOTAL TRANSACTION $84,528.10 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 65,000 CFC Bank RATE 7,625 LTV 80,75% SECOND MORTGAGE $ 13,950 City_ of Delray, HOME $ 4,178,10 City of Delray. SHIP $. CRA of Delray $. Housing Authority THIRD MORTGAGE $. Federal Home Loan Bank GRANT $~ APPLICANT FUNDS Pre-paids $ 3 I0.00 Escrowed $ 500.00 Paid at closing $ 590.00 TOTAL TRANSACTION $84,528,10 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 69,04 NAME Mary Lam0n~ RPERTY ADDRESS XXX S.W. 4th Avenue. Delray Beach LEGAL DESCRPTION Lot 17, Block 1, Rosemont Pork % OF AREA MEDIAN HOUSEHOLD INCOME 36 # IN HOUSEHOLD 2 COST OF HOUSE $60,950 COST OF LOT $9,000 CLOSING COST $3,218,42 TOTAL TRANSACTION $73,168,60 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 37,000 GF(~ Bank RATE 8,00 LTV 50,01% SECOND MORTGAGE $ 16,875 (~ity 0fDelray. HOME $ 5,791,60 (~ity 0fDelray. SHIP $ CRA of D~lray $ 2,500 Housing Authority THIRD MORTGAGE $ 6,001 Federal Home Loan Bank GRANT $ HTF "A" CITY PERMIT FEES WAVIED $ 1,200 BUILDER/CDC CONSESSIONS $ 2,500 APPLICANT FUNDS Pre-paids $ 280.00 Escrowed $ 0.00 Paid at closing $1021 .00 TOTAL TRANSACTION $73,168,60 MEMOR~DUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # O'~-' - MEETING OF JULY 23, 1996 CHANGE ORDER #2 AND FINAL PAYMENT/MCTEAGUE CONSTRUCTION COMPANY, INC. DATE: JULY 19, 1996 This is before the Commission to approve deduct Change Order #2 in the amount of $36,596.16 and Final Payment in the amount of $58,381.34 to McTeague Construction Company, Inc. for their work on the Pompey Park pool and bath house project. The work has been completed and all contract close-out documents have been received. Recommend approval of deduct Change Order and Final Payment to McTeague Construction Company, Inc. Funding is available from the General Construction - Pompey Park Pool (Account No. 334-4170-572-63.45). Agenda Item No. ~' AGENDA REQUEST Date: July 11, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: July 23, 1996 Description of item (who, what, where, how much): Staff request City Commission approve deduct Change Order #2 in the amount of $36,596.16 and Final Payment in the amount of $58,381.34 to McTeague Construction Co., Inc., for their work on the Pompey Pool project. Funding is available from Account No. 334-4170-572-63.45. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve deduct Change Order #2 in the amount of $36,596.16 and Final Payment in the amount of $58,381.34 to McTeague Construction Co., Inc., for their work on the Pompey Pool project. Department head signature: ~/r~.~~ ~Z/~/~,~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available :~/NO Funding alternativ%%/6/f~ (if applicable) Account No. & Description '~,-~[(7D-~'7D~.~C~rA/ Account Balance ~ ~'~, 977. ~ City Manager Review: Approved for agenda: ~N0 .~/~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Di s approved \, esd~ 9356~agreq72~ ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila, R.A[~ Construction Maimger Date: July 11, 1996 Subject: AGENDA REQUEST 7/23/96 Pompey Park Poll & Bath House Project No. 93-56 Attached is an Agenda Request for City Commission approval of deduct Change Order #2 in the amount of $36,596.16, and Final Payment in the amount of $58,381.34 to McTeague Construction Company, Inc., for their work on the Pompey Park Pool and Bath House project. The work has been completed for some time now and all Contract close-out documents have been received. I have attached a copy of the Contractors Performance Evaluation for your review. Generally, the work has been completed in accordance with the Contract Documents but the project was poorly supervised and administered by the contractor resulting in many necessary corrective measures. Funding is available from Account No. 334-4170-572-63.45. cc: William Greenwood 7/23/96 Agenda File Project File 93-56 (A) esdx9356Xagmem723 ENVIRONMENTAL SERVICES DEPARTMENT ~:,, ~o~-, s~,,,~roN ~¥EN~E · ~E~.,~¥ eE,~,. ~,o,~o,~ 407 24.3-7300 · TELECOPIER: 407,243-7060 June 4, 1996 (Revised) Mr. Michael McTeague McTeague Construction Company, Inc. 314 NE 3rd. Street Boynton Beach, Florida 33435 Re: Pompey Park Pool & Bath House Project No. 93-56 Dear Mike: The project has reached a point of contract close-out, now that the work has been completed and accepted by the City, therefore following is a list of those items which require contract adjustment. Contract additions: 1. Control room finish $ 262.50 2. Additional block work $ 271.00 3. Turnstile modification $ 386.00 4. Additional shutters $2775.00 5. Additional bike rack $ 465.00 6. No diving signs $ 850.00 7. Pool static vacuum line $ 500.00 8. Plumbing extras $ 201.50 sub-total $5711.00 overhead/profit $ 856.65 bond $ 164.19 Total add $6731.84 Contract credits: 1. Unused contingency allowance $35,000.00 2. Metal to wood shutters $ 7,400.00 3. Share of storm drain clean-up $ 500.00 4. Best lock charge for coiling doors $ 328.00 5. Failed Proctor and Density test $ 100.00 Total deduct $43,328.00 Based on the above, the contract will require an adjustment, via Change Order #2 for project close-out as follows: Original Contract Sum $1,030,780.00 Previous Change Orders (COl) add $ 63,165.00 Contract Sum to date $1,093,945.00 Change Order2 deduct $ 36,596.16 Final Contract Sum $1,057,348.84 Previous payments to-date $ 998,967.50 Final Payment Due $ 58,381.34 I have attached Change Order #2 for your signature. After signing, please forward to Carey Moulton for his signature and then return to me for execution. You will need to prepare the Final Payment request, Final Receipt Form and other contract close-out documents so we can finalize this project. Finally, please expedite the wading pool blanket delivery and the proper installation of the plaque. Call me if you have any questions on any of the above. Sincerely, Construction Manager cc: Care,/Moulton, Gee & Jenson Joe Weldon, CDB File 93-56 (A) csd\9356\cntradj CITY OF DELRAY ~m~CH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Two (2} PROJECT NO. 93-56 DATE: June 4, 1996 PROJECT TITLE: Pompey Park Pool and Bath House TO CONTRACTOR: McTea~ue Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final project close-out contract adjustments, based on additions and deletions to the ~cope of the work. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,030,780.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 63,165.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,093,945.00 COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,057,348.84 PER CENT DECREASE THIS CHANGE ORDER 3.55% TOTAL PER CENT INCREASE TO DATE 2.57% EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 0 CALENDAR DAYS TO 1/4/96 date CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. S IG~ATUR~ (ARCHITECT) ' (sign & seal) TO BE FILLED OUT' BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 334-4170-572-63.45 DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Com~nission RECOMMEND: By: ENGINEER/D IRECTOR MAYOR ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK esd\9356\co2 final MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~J~' ( DATE: JULY 18, 1996 This is before the Commission to approve Amendment No. 2 to Service Authorization #15 with CH2MHill in the amount of $4,263.00 for consulting services in conjunction with Phase II of the filter media replacement project at the Water Treatment Plant. Funding is available from Renewal and Replacement - Media Replacement - Water Treatment Plant (Account #442-5178-536-61.46). R~commend approval of Amendment No. 2 to Service Authorization #15 with CH2M Hill. ref:agmemo9 AGENDA REOUEST Date July 12, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: July 23, 1996 Description of item (who, what, where, how much): Staff re_quests Commission approval of Amendment ~2 to Service Authorization ~15 for CH2M Hill in the amount of S4.263.00 for provision of consulting services in conjunction with Phase II of the Filter Media Replacement project at the City's Water Treatment Plant PN 94-075. Funding will be from R&R Account #442-5175-236-61.46 (Budget Transfer attached) ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Amendment ~2 to Service Authorization ~15 for CH2M Hill. Department head signature: ~_~~~'-~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available. Y~E~"~NO Funding alternatives ~- (if applicable) Account No. & Description~Z-.~l'~~.~l-q~~ ~ -~ ~'~(~¥~,~ ~'~ 'Account Balance ~ % City Manager Review: Approved for agenda: NO " Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM e /I/~-O TO: David T. H~den City M~ag~r FROM: Rich~d C. Hasko, ~ Asst. City Engineer ~ SUBJECT: WTP FILTER MEDIA ~PLACEMENT-PHASE II PROJECT NUMBER 94-075 DATE: July 16, 1996 As you are aware, a contract addition for Sunshine Painting was recently approved by City Commission for the replacement of the Filter Media in the remaining four filter bays at the Water Treatment Plant. Attached are three sets of Amendment #2 to Service Authorization #15 for CH2M Hill in the Amount of #4,263.00 for provision of construction administration services in conjunction with this second phase of the project. CH2M Hill has provided valuable assistance during the course of project development and Phase I construction and staff considers their continued participation in the project important to its successful completion. Funding is from R & R Account #442-5178-536-61.46, Media Replacement WTP (Budget Transfer attached). Insofar as total current fees for this project exceed $10,000.00, please place this item on the Agenda for Commission consideration at the July 23 meeting. RCH/gm Att: 1 cc: William H. Greenwood, Dir. of Environmental Services Don Haley, Manager, Water Treatment Plant Howard Wight, Deputy Director of Construction File: Project 94-75 (A) File: s:/engl/eng 1/proj/94075/official/filters.doc Amendment No. 2 to the Service Authorization No. 15 to the Agreement for Engineering Services Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. No. 532792 City Expense Code: 442-5178-536-61.46 City P.N. Title: Filter System Evaluation Category of Work: Professional Engineering Services - Services During Construction General This SERVICE AUTHORIZATION AMENDMENT shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an Amendment to this agreement. This SERVICE AUTHORIZATION AMENDMENT is for providing services during construction for each of the CITY's gravity filters at the Water Treatment Plant (WTP). Filters 3, 4, 5, and 6 will be rehabilitated under a change order to the existing contract with Sunshine Painting for rehabilitation of Filters 1, 2, 7, and8. Introduction See Service Authorization No. 15. Scope of Services In addition to the services described in the original Service Authorization and Amendment No. 1, the CONSULTANT will provide the following specific services to the CITY: Task 1 · Review submittals and pay requests. · Provide two sets of reviewed shop drawing documents to the CITY · Review the change order for rehabilitation of Filters 3, 4, 5, and 6. · Attend progress report meetings and prepare a sun*unary of meeting rrdnutes. · Provide a rnaximurn of 40 additional labor hours for periodic site visits to evaluate underdrain conditions to review rehabilitation work, and to be present for approval of final sand and anthradte backwashings. DFB/10014F1B.DOC ! - CH2M HILL SERVICE AUTHORIZATION 15. DATE: Page 2 of 3 Assumptions Unless indicated otherwise in- this Amendment, all assumptions contained in the original Service Authorization No. 15 will remain in effect. Obligations of the City During the completion of the tasks specified herein, the CITY will provide the following: · Draining of selected filter bays based on predetermined and agreed upon schedule · Reproduction, bidding, and execution of the Contract Documents · Primary oversight of agitator system repair work · Primary oversight of filter basin painting and concrete repairs Compensation to the CONSULTANT Compensation for professional consulting engineering services as described herein is estimated at $4,263. Compensation for services shall be in accordance with Article VII.A.2 of the AGREEMENT. Exhibit A attached presents a breakdown of the estimated labor and expense charges per the Agreement. Project Schedule The CONSULTANT agrees to perform the services described herein within 90 calendar days from receiving written authorization from the City, unless otherwise extended by the, CITY. OF~/10014FIB.OOC SERVICE AUTHORIZATION 15 DATE: Page 3 of 3 This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encom- passed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may ter- minate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: C1TY OF DELRAY BEACH: CH2M HILL, INC. (Corporate Seal) ~ohl. F. durtiss, P.E. ' (Date) [Vic President ger South Florida Operations Jay A1perin ~ Mayor ~. ~~~,~. Witness Attest: STATE OF FLORIDA COUNTY OF BROWARD The foregoing ins.trument w~as acknowledged before me this g' day of ~z~,- , Approved as to Legal 1996, by John F. Curtiss, vic~ PreSident, Sufficiency and Form Manager South Florida Operations, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and did not take an oath. Bobbie J. Willcox0/ Notary Public _~¥Po. BOBBLE J WILLCOX State of Florida ~ ~ ~ COUUtSSION # CC 4e37~ ¢r~ ..~15 EXPIRES JUN 20, 1900 :-0~r I=v~' ' ATLANTIC BONDING CO., INC. BR~/10014FIB.DOC MEMORANDUM TO: David Harden, City Manager THRU: Lula Butler, Community Improvement Director FROM: Dorothy Ellington, Community Development Coordinator DATE: June 24, 1996 SUBJECT: HOPE 3 Acquisition/235 S.W. 1st Avenue, Delray Beach ITEM BEFORE THE COMMISSION This is to request approval to acquire one single family housing unit under the HOPE 3 Program. The 235 S.W. 1st Avenue unit will be purchased at a cost of $33,300. The property will be purchased for rehabilitation and resale to an income eligible buyer and the HOPE 3 Program. BACKGROUND The City in partnership with the Palm Beach County Housing Partnership, Inc. has participated in the HUD-funded HOPE 3 Program since being awarded a Grant of $430,000 in March 1994. We purchased our first property in December 1994 and have since purchased six additional units, two of which have been sold to income eligible home buyers. These properties are located within various neighborhoods throughout the City, often having been boarded-up while waiting for HUD to dispose of them Once we acquire the property, we will rehabilitate them to standard code requirements and sell them at appraised value to a qualified low/moderate income home buyer. When the properties are sold, sales proceeds will be revolved to provide additional homeowner opportunities. We expect to purchase three additional units buy March 1997, for a program total of 10 units, in order to complete the City's HOPE 3 funding agreement. RECOMMENDATION Staff recommends approval of this request, authorizing the closing on the property as listed above. Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: June 24, 1996 Regular Agenda Special Agenda .___ Workshop Agenda XX Consent Agenda When: ~ .Description of item (who, what, where, how much): This is to request approval to acuire one single family housin~ unit under the HOPE 3 Pro~ram. The Resolution to purchase the unit is bein~ handled by the Cit~ Attorney's Office. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends a~proval of this request, authorizin~ the closin~ on the propert~ as listed above. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: .<.~'-~"~ ~t. 6 ~ ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available~NO Funding alternative~-. · ,(if applicable) Account No. & Description: l~-I I~_-~ ~i~/o L~%,~(-~ ~,~'~ ~'~ Account Balance. City Manager Review: YE~S ~ ~ Approved for agenda: NO Hold Until: .-. Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Writer's Direct Line: (407) 243-7091 Ali. America City MEMORANDUM ~ DATE: July 2, 1996 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Hope 3 Property Purchase - 235 S.W. 1st Avenue The attached resolution incorporates a contract for the purchase of the above-stated property for $33,300.00 as part of the Hope 3 Program. Closing is to occur by August 6, 1996. If you need additional information, please contact Dorothy Ellington, Community Development Program Coordinator, or our office. Attachments cc: David T. Harden, City Manager Lula Butler, Director of Community Improvement Dorothy Ellington, Community Development P.C. Sharon Morgan, City Clerk's Office RESOLUTION NO. 61-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SET.T.W.R CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SET.T.V.R AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain residential property located at 235 S.W. 1st Avenue to provide for housing pursuant to the City's Affordable Housing Program; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLL(TWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from the United States DeparUnent of Housing and Urban Development, as Seller, land to provide for afforM~hle housing opportunities for iow income individuals, for the purchase price of Thirty-Three Thousand and 00/100 Dollars ($33,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: Lot 13, Block 63, TENBROOKS, Subdivision of Part of Block 63 of the map of Linton (now Delray Beach, Florida), according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 6, Page 3. Section 2. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the City of Delray Beach, Florida. Section 3. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein as Exhibit "A". PASSED AND ADOPTED in regular session on this the 23rd day of July, 1996. ° City Clsrk EXHIBIT "A" to RESOLUTION NO 61-96 U,S. Department of Housin§ and Urban DeVelopment Of/ice of Housing .,-'"' _,, Program Federal Housing Commissioner OMB Approval No. 2502.0306 {exp 9/30/95) o" i HUt) Casu N~ t I*urch:,..;cr(s)) agruu h, lUii'chasc ,m Iht tc,',n ~ ~c[ f~,rlh hcruin. Ibc l'oll,~win¢ pr,,pcrty, a~ ,nm'c l)arl JuularJ} j 092--34 [285 described in thc dccd omvcyin¢ Iht property to thc Secrchu'y t~f~n8 and Urban Development: ........... _ 235 S.W. 1st Avenue, Delray Bea¢/~, 3~&44 _ (slree{ number, s{reel name. uni{ number, ff appllcab~ e. city, c~unly, Sin{e) 2. Secretary of Housing and Urban Dcvch,pmcnl (Seller) agrees to sell Ibc property at lbo price and terms scl I~cd 3. Th~ agreed purchase price o fth~ property is ................................................................................................... ~m Putchaserh~paid$ 50fi.tiff ~nestmoneytobeappliedonthepur~Z~ice~dagr~es ,~ ~. ~ll... d~ t~aytheba~ance~f~hepurchasepric~p~us~rminuspr~rati~ns~atthetime~fc~si~g~in~~ Th~ ~ ~. ~~/ ea~estmoneydepositshallbeheldby ~ ~ ~ ~ . ~~ 4. ~ Purch~er is applying for HUD/FHA insured financing with a cash down payment of ~ ~ 7" . ''/ due at clo~ing and the balance secured by a mortgage in the amount of $ for months (does not include HUD/FH A Mortgage Insurance Premium). ~Saidmortgageinvolvesarepakescrowamountingto ......................................................................... ~ 4. $ ~ ~ Purchaser is paying c~h or applying for conventional or other financing not involving HUD/FHA. 5. Seller will pay reasonable and.customaW costs, but not more than actual costs, nor more than paid by a typical Seller inthearea, ofobtainingfinancingand/orclosing(excludingbroker'scommission)inan amountnottoexceed ~ S. $-0-' 6. Upon sales closing, Seller agrees to pay to the broker identified below a commission (including selling bonus, ifofferedbyseller)of ............................................................................................................... ~ 6. S-tiff 7. ThenetamountdueSelleris(P~chaseprice, hem3,1esshem4escrow,ifany,lesshemsSand6) ................. ~ [ 7.$~a_~0~.~0 8. Purchaser is: ~ owner-occupant (will occupy this property as primary residence) , -' ~ investor ~ nonprofit organization ~ public housing agency ~ other government agency. 9. Time is of the essence as to closing. ~e sale shall close not later than 6fl days from Seller's acceptance of contract. Closing shall be held at office of Seller's designaed closing agent or at a plava ~ont~a~aa hy ~ 10. If Seller does not accept this ~ffer, Seller ~ may ~ may not hold such offer as a back-up to accepted offer. I1. L~d based paint addendum ~ is ~ is not attached; Other addendum ~ is ~ is not attached hereto and made part of this contract. 12. ~hould Purchaser refine or othe~se faa to perform ~ accordance ~th th~ contrac~ ~clu~ng ~eiime hmimfion, Seller may, at Seller'ssole option, rem ~ aU or a poaion of the deposit m liq u iaatea a~ages. The Sener r~e~es thd right to~ t~arn~t mjney, or any ~nion ~ereof, to any su~Which m ay be owed by the Pu~haser m ~e Seller for rent. v,r~aoga)~n,i~s?.~.r~ 13. This contract is subject to the Conditions of Sale on the reverse hereof, which are inco~orated herein and made part of t~ comract, ga~lfieatlon o~ Purehaaor: The undersigned certifies that in afF~ing his/her/its signature'tO th~ contract he/she/ii dfidersmnds: (1) a~ the contents thereof (~cluding the Conditions of Sale) and is in agreement therewith ~thout P'rotest; (2) helshe/it:~'f~sponsible for ~tisfying i~elf as to the full condition of the prop~ ~k~ller wul not PerfO?m repair:~:aft~r acceptance 0i'ihis contract, Purchaser{s): (lype or prim names, ~ial security numbers, & sign) J Purchaser(s) Address: Housing P n~ ~ ~~_ ~.va~.~/c.n COMMUNITYDEVEEOPEMENT ~<an n _ _ Selx e~cre/ ~ _~ ~f Housln and U~an Develo e ~O Z) 6~ ! ¢;te.. ~n~r~cl Accepted Oy HUD: '. ~c~f -- ' g ...... ~nt By: (lypename&tide.&s,gn) ..... Ceeficat~ o~roker: Thc u~cd ccrtfics that: (t) neither he/she nor anyone amhorizcJ to ac[ for him/her has d~clincd [o sell thc properly d¢~rib~crc~? ~r [o m~c ii ~ilablc for inspection or consideration by a prospcciivc purchaser because ct his/her race, color, religion,s~x, sta~afio~ origin, or disabili~; (2) hc/shc has both provided and explained [o Ih¢ purchaser ibc notice rcearJin¢ usc uf HUD's closin¢ ~gcnt; (3) he/she h~s ~plMncd fully ~o thc purchaser ibc entire terms o~ thc contract, ~cluding Condition B on [he reverse hereof; and (4) he/she is in compliaqc¢ with HUD's c~ncs[ money policy as sci forth on HUD forms S~S- t t i6 and SAMS- I t [ 6A. S¢ltin¢ Broker [n~ormafion anJ Certification, which he/ she h~ executed ~n8 fil¢d wi~h Seller. Brokers Business N~e & Address: (for IRS repo~ing} (include Zip Code) Broker's SSN or Employer ID No. (include hypnens) SAMS SL-NA Number: . Stgnalure el Broker: [ Broker's Phone No: Type or print ~e n~e ~d phone number of sales person: iec,ion I ]Return Earnest ~eposit X ~~"/ ~. ~ Prev,ous editions are obsolete ~py 1: To ~D Io~1 ~fflcg; upo~:.~pro~l, ~UD.wlll relurn ref ~and~o~k~310 5 torm HUD-9548 (3,9u . . ., signea ~py 1 to uroKer lor aellvew to ~urcn~er - ' 07/~2/1996 1I: 54 407-243-722i CITY OF DELRAY,, PAGE. Bi ',,," ' '' !~~, ~;~Pq I'"' "~'~'" · - ~--'o ~" , I ~1 i~ ~"~ ' ..~ . . . . 0?/02/96 TL~ 10:43 [TX/RX N0 6992] MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~f SUBJECT: AGENDA ITEM # ~'' 0 ' - M~,ETING OF JUT,Y 23, 1996 RESOLUTION NO. 56-96: DATE: JULY 19, 1996 This is a resolution assessing costs for abatement action required to board up an unsafe building on property at 332 N.W. llth Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $1,555.23 remains unpaid. Recommend approval of Resolution No. 56-96 assessing costs to board up an unsafe building on property at 332 N.W. llth Avenue. RESOLUTION NO. 56- 96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his.designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, ' WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the COde of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land DevelOpment Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted t° the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the'costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s)' indi- cated thereon. Said assessments so levied shall, if not paid'Within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 56-96 Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the 'subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1996. MAYOR ATTEST: City Clerk - 3 - Res. No. 56-96 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT Carteret Sav",ngs Bank TO: c/o Spear and Hoffman ADORFSS: .... _].5_41_S_uns~Jl_Dr. suite__202_~. Coral Ga. ble. s,__F1 33143 --PRO?ERTY~ 332 NW llth Avenue, Delray Beach, Fi 33444 LEGAL'DESCRiPTION: Lot 24, Poinciana Heights of Delray Beach according to Plat Book 26 Page 245 of the official records of Palm Beach County, -~; You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of by resolution of the City Commission of the City of Delray Beach, Florida, dated , -'1 9__, has been levied against the above described property. The cosls were incurred as a result of an abatement action regarding the above described property. You were given nolice on 5-23-96 that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. , " x You failed to appeal the decision of the Cl~ief Building Official to the Board of Construction Appeals although you were informed of your right ~0 an appeal and of the procedures lot obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. ...... You appealed the decision of the Chief Building Official to the Board of Construction Appeals, You were given written nollflca{lon on that you were required to lake the corrective aclion requ' [ed._~y the decision of the Board of Construction Appeals within a stated period of time: You failed to take lhe action as required by the order of the Board qf Construction Appeals. ....... _You appealed the decision of the Chief Building Official to the Board of Construction Appeals on · The Board of Construction upheld the decision of the Chief Building Officia .b/ The City of Delray Beach has therefore taken remedial action to remove ll~e unsafe condition exisling on the above described property on .... .5_%31-96 at a cost of $1,555.23 which includes a ten percent (10%) administrative fee.,/J~ you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described properly. THE CITY MAY ENFOR'CE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF TI-IE LIEN, WHICH SHALl_ BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF AC.TION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CiTY COMMISSION City Clerk' - 5 - Res. No. 56-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~''% / SUBJECT: AGENDA ITEM # ' - MEETING OF JULY 23, 1996 RESOLUTION NO. 57-96 DATE: JULY 19, 1996 This is a resolution assessing costs for abatement action required for emergency removal of a septic tank on property located at 4015 N.W. 7th Court. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $563.17 remains unpaid. Recommend approval of Resolution No. 57-96 assessing costs for removing an unsafe building on property at $563.17. RESOLUTION NO. 57-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUB DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s)~ indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 57-96 Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach CountY, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1996. MAYOR' ATTEST: City Clerk - 3 - Res. No.57-96 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: Dutton Lumber Co., f/k/a Julie Miron Co. ADDRESS: c/o John L. Korthals, Esq. 2401E. Atlantic Blvd., S.400 Pompano Beach, Fi 33062 PROPERTY: 4015 NW 7th Court, Delray Beach, F1 33445 LEGAL DESCRIPTION: Lot 103, Block 1, Lake Forest South, Plat Book 43, Pages 152+153 of the official records of Palm Beach County, Fi. You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $563.17 .by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19__, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 5-23-96 that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action requ. ir. ed_by the decision of the Board of Construction Appeals within a stated period of time~ You failed to take the action as required by the order of the Board c~f Construction Appeals. .... You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. - 4 - Res. No. 57-96 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on .5-28-96 at a cost of $563.17 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED iN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk -~- Res. No. 57-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER C~'~. ~ SUBJECT: AGENDA ITEM # ~ .- MEETING OF JULY 23, 1996 RESOLUTION NO. 58-96 DATE: JULY 19, 1996 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property at 239 N.W. 10th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $3,844.39 remains unpaid. Recommend approval of Resolution No. 58-96 assessing costs to demolish an unsafe building on property at 239 N.W. 10th Avenue. RESOLUTION NO. 58-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the'Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his idesignated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and " did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building OfficiaI would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, TMEREFORE, BE IT RESOLVED BY TME CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ection 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s)..indi- cated thereon. Said assessments so levied shall, if not paid'within thirty (30) days after mailing of the notice described in Section'7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice (s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of aSsessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 58-96 Section 4, That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1996. MAYOR.. ATTEST: City Clerk i. - 3 - Res No 58-96 I ,: CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE · NOTICE OF ASSESSMENT TO: Estate of Ora Wallace ADDRESS: 239 NW lOth Avenue, Delray Beach, F1 33444 PROPERTY: 239 NW lOth Avenue, Delray Beach, F1 33444 LEGAL DESCRIPTION: Lot 6, Block A, Tourist Nook Delray according to Plat Book 11, Page 47 of the official records of Palm Beach County, Fi. You, as the record owner, of, or holder' of an interest in, the above described property are hereby advised that a cost of $3,844.39 .by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19__, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 4-11-96 that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initia, ted by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to the Board ot Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action 'requjred__by the decision of the Board of Construction Appeals within a stated period of time~ You failed to take the action as required by the order of the Board qf Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. -4- Res. No. 58-96 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 5-24-96 at a cost of' $3,844.39 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administratiVe and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk' -'6 - Res. No. 58-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ ~' ' - MEETING OF JULY 23, 1996 RESOLUTION NO. 59-96 DATE: JULY 19, 1996 This is a resolution assessing costs for abatement action required to board up an unsafe building on property at 303 S.W. 2nd Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $132.26 remains unpaid. Recommend approval of Resolution No. 59-96 assessing costs to board up an unsafe building on property at 303 S.W. 2nd Avenue. RESOLUTION NO. 59 -96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS~ PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, ~'~ WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the'building was to be Vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore ~Pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section ~. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s)~'indi- cared thereon. Said assessments so levied shall, if not paid.~ within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and With the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 59-96 Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1996. MAYOR :.' ATTEST: ~: City Clerk - 3 - Res. No. 59-96 CITY OF DELRAY BEACH UNSAFE BUiLDING/STRUCTURE NOTICE OF ASSESSMENT 'TO: Estate of Lillian Munnin,~s ADDRESS: 303 SW 2nd, Avenue~ Delray Beach, F1 33444 PROPERTY: 303 SW._2nd Avenue, Dca. ray Beach, F1 ~3444 LEGAL DESCRIPTION: .. ,960' of NIFO' nf WlZ~O.~' n.l' Town of Linto~ according to Plat Book l, Page 3 of the official re~brds of Fala 5each County, F1 You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $~3~-~ by resolution of the City Commission of the City of Delray Beach, Florida, dated . , 19w, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described properly. You were given notice on 5-23-9§ that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Offidial to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. __You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action requ. i[ed_._by the decision of the Board of Construction Appeals within a stated period of time: You failed to take the action as required by the order of the Board cf Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. - 4 - Res. No. 59-96 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 5-7-96 at a cost of $132.26 whiCh includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION ' City Clerk' " - 5 - Res. No. 59-96 £1TV JIF DELRR¥ BER[H Writer's Direct Line: (407) 243-7091 DELRAY BEACH Ali. America City MEMORANDUM 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Aero Dri Matter - City v. Agricultural Ins. Co.. et al. The purpose of this memorandum is to inform you that the City's appeal against various insurance companies for coverage of the City's losses for the pollution to the City's wellfield was denied by the Federal Eleventh Circuit Court of Appeals and to get authorization to enter into an agreed final judgment. As you may remember, the City initially obtained a .judgment in the approximate amount of $8.6 million at the trial court level. The attorneys for Aero-Dri appealed and the state appellate court awarded approximately $3.1 million for past damages indicating that the remaining amount was speculative. The order was appealed to the Supreme Court of Florida which upheld the City's right to collect for future damages and upheld the district court opinion which remanded to the trial court the determination of the correct amount of future damages to be incurred up to December 10, 1997. A stay was filed in the state court action so that the City could pursue its appeal in the federal court in an effort to obtain insurance coverage for the City's losses, as the judgment was deemed uncollectable otherwise due to the bankruptcy of Aero-Dri. The 1 lth Circuit Court of Appeals did not certify the issue of coverage on the pollution exclusion coverage (because our Supreme Court held that the language in the policies precluded coverage) and did not certify for a determination the City's argument that under the policies the trespass on the City's wellfield constituted personal injury to the land under the comprehensive liability aspects of the policy and were not excluded from coverage. Therefore, the 1 lth Circuit Court of Appeals' decision of no coverage is the law of the case and there is no other action to be taken at this time, except to attempt to fix the total amount of the judgment. I do not recommend that we resume the trial on the future damages due to the fact there is no insurance coverage and there is no reason to incur Memo to City Commission July 18, 1996 Page 2 further costs in this case. I do recommend that we attempt to reach agreement as to an amount for the total judgment in light of the fact there is no insurance coverage, for the purposes of placing the judgment on record. By copy of this memorandum to David Harden, City Manager, our office requests that this authorization for our office to pursue an agreed final judgment 'to fix the amount of the judgment, be placed on the City Commission agenda of July 23, 1996. The amount of the final judgment once ascertained will be subject to your approval. any questions. cc: David Harden, City Manager Bill Greenwood, Director of Environmental Services aero.sar MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY M3~AGER~I SUBJECT: AGENDA ITEM # ~7- - MEETING OF JULY 23, 1996 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JULY 19, 1996 Attached is the Report of Appealable Land Use Items for the period July 1 through July 19, 1996. 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: DI DEPARTMENT OF PLANNING AND ZONING FROM: ! JASMIN ALLEN, PLANNER SUBJECT: MEETING OF JULY 23 1996 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JULY 1, 1996 THRU JULY 19, 1996 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 1, 1996 through July 19, 1996. 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 July 23, 1996 Page 2 A. Approved with conditions on a 6 to 0 .~ vote, a modification of a conditional use to allow the establishment of a sandwich shop at the existing Shell Oil Gasoline Station, located at the southwest corner of Atlantic Avenue and Military Trail. B Approved (5 to 1, Gary Eliopoulos dissented), the temporary closure of S.£. 4th Street, lying between S.E. 6th Avenue (Northbound Federal Highway) and S.E. 7th Avenue. There were no other appealable items. The following items which were considered by the Board will be forwarded to the City Commission for final action. · Recommended approval (6 to 0), of the abandonment of the East 26 feet of Dixie Highway, adjacent to the Morse Toyota Used Car Sales Facility, located at the northeast corner of Dixie Highway and Fladell's Way. · Recommended approval (5 to 1, Schmidt dissented), of the permanent street closure for S.W. 3rd Street, lying between S.W. 2nd Avenue and S.W. 3rd Avenue. · Recommended approval (6 to 0), of an amendment to the Land Development Regulations, Appendix "A" Definitions to add a definition of "Farmers Market" Other Items considered by the Board. · Tabled ( 6 to 0), the request to modify the SAD (Special Activities District) for Lavers North to incorporate the existing temporary reception buildings as part of the approved site plan of record. 1. Approved (4 to 0), a request for a color change at Citation Club, located on the east side of Military Trail, south of Linton Boulevard. City Commission Documentation Appealable Items Meeting of July 23, 1996 Page 3 2. Approved (4 to 0), a request to change the architectural elevations to allow the addition of awnings for Gerber Art Gallery, located at the southeast corner of East Atlantic Avenue and S.E. 5th Avenue. 3. Approved with conditions (4 to 0), a minor site plan modification, landscape plan and architectural elevation plan for the Delray Beach Municipal Golf Course Clubhouse Expansion associated with a 2,335 sq. ft. addition to the clubhouse facility. 4. Approved with conditions (4 to 0), a request for a color change at the existing Old Harbor Plaza, located at the northeast corner of U.S. Highway No. I and Linton Boulevard. 4. Approved (5 to 0, Little stepped down), flat wall signs for Giacomo's / Old Harbor Plaza, located at 1705 South Federal Highway. 5. Approved (6 to 0), the architectural elevation plan for Atlantic Congress Plaza, located at the northwest corner of Atlantic Avenue and Congress Avenue. The development proposal is to construct a 13,666 sq. ft. retail building containing a 11,333 square foot carpet store and a 2,333 square foot retail bay. Previously the Board approved the site plan and landscape plan. 6. Approved (6 to 0), a request for a color change at the existing Executive Motors, located on the west side of Federal Highway, south of Fladell's Way (Avenue "F") 7. Approved with conditions (6 to 0), a minor site plan modification, landscape plan and architectural elevation plan in conjunction with the addition of a 3,625 sq. ft. masonry storage building for McCoy Culligan Water Conditioning, located on the west side of N.E. 5th Avenue, north of N.E. 4th Street. 8. Approved (6 to 0), a minor site plan modification, landscape plan and architectural elevation plan associated with the construction of a 450' communication tower for Hardrives Communication Towers, located on the east side of Congress Avenue, south of Germantown Road. City Commission Documentation Appealable Items Meeting of July 23, 1996 Page 4 9. Approved with conditions (6 to 0), the master sign program for The Plaza at Delray (former Delray Mall), located at the northwest corner of Linton Boulevard and U.S. Highway No. 1. Concurrently, the Board tabled action on the sign requests for Eckerds, Party City, Home Place and Regal Theaters. 10. Approved (3 to 2, Andrews and Sheremeta dissented, Little stepped down), a free standing sign for Quality Imports, located at 246 N.E. 6th Avenue. Other non-appealable items which were considered by the Board. · Approved (6 to 0), the landscaping of the medians in conjunction with the widening of Lake Ida Road between Congress Avenue and Swinton Avenue. · Approved (6 to 0), the landscaping improvements for the 1-95 Sound Barrier Wall. V. Approved (5 to 0), a request for a Certificate of Appropriateness to change the text to an existing nostalgic roof sign at Doc's All American, located at the Northwest corner of Atlantic Avenue and Swinton Avenue. W. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness, landscape plan and architectural design elements associated with the conversion of a residential structure to a counseling office known as Pineapple Grove Counseling Center, located on the west side of N.E. 1st Avenue, between N.E. 2nd Street and N.E. 3rd street. The associated site improvements will be approved administratively. City Commission Documentation Appealable Items Meeting of July 23, 1996 Page 5 X. Approved with conditions (6 to 0), the site plan and landscape plan for the CRA Parking Lot Phase II, located on the east side of N.W. 1st Avenue, north of Atlantic Avenue. Concurrently, the Board approved several waivers, namely: · Eliminating the 5' landscape area adjacent to the north/south alleyway; · Reducing the required landscape strip along the south property line; · Eliminating the requirement to provide an additional 10' of right-of- way for N.W. 1st Avenue. Y. Approved with conditions (6 to 0), a Certificate of Appropriateness in conjunction with alterations to the front facade of a contributing single family residence, located at 227 N.E. 'lst Avenue. Z. Approved (4 to 2, Farrington and Turner dissented), a Certificate of Appropriateness to allow a gazebo to be constructed at Sloan Hammock Rental Complex, located on the west side of S.E. 7th Avenue, between S.E. 1st Street and S.E. 2nd Street. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF JULY 25, 1996 L-~O CANAL O LAKE IDA ROAD NW ! ATLANTIC AVENUE LOWSON BOULEVARD LINTON BOULEVARD 3: L-38 CANAL C-15 CANAL c,Ty L,~,TS S.P.R.A.B. P. & Z.: 1. - CITATION CLUB A. - SHELL OIL (ATLANTIC &: MILITARY TRL.) 2. - GERBER ART GALLERY B. - TEMPORARY STREET CLOSURE i MILE I I 3. -- DELRAY BEACH MUNICIPAL GOLF (S.E. 4TH STREET) COURSE CLUB HOUSE EXPANSION SCALE 4. -- OLD HARBOR PLAZA H.P.B.: 5. - ATLANTIC CONGRESS PLAZA I~,1 6. - EXECUTIVE MOTORS V. - DOC'S ALL AMERICAN I~1 7. - McCOY CULLIGAN W. - PINEAPPLE GROVE COUNSELING CENTER ~ 8. - HARDRIVES COMMUNICATION TOWER X. - C.R.A PARKING LOT 9. - THE PLAZA AT DELRAY Y. - 227 N.E. 1ST AVENUE CITY OF DELRAY BEACH, FL (FORMERLY THE DELRAY MALL) Z. - SLOAN HAMMOCK PLANNING DEPARTMENT 10. - QUALITY IMPORTS -- l)/C/1;4/ E,4$E ~ $~TEI~ -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ / SUBJECT: AGENDA ITEM ~ ~U - MEETING OF JULY 23, 1996 AWARD OF BIDS AND CONTRACTS DATE: JULY 19, 1996 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Bid award to Sullivan Brothers, Inc. in the amount of $365,765 for the Brandon Drive utility improvements which includes water main, sanitary sewer line including laterals, a lift station, and restoration of driveways and sodded swale areas, with funding from 440-5179-536-69.12. 2. Bid award through the Community Development Block Grant Program to Intercontinental Construction Corp. for a housing rehabilitation project at 507 S.W. 6th Avenue, in the amount of $17,561.00 from 118-1963-554-49.19. 3. Grant awards through the SHIP and HOME programs for the rehabilitation of two single family housing units, to be awarded as follows: $15,183 to Intercontinental Construc- tion Corp. for a project 318 S.W. 9th Street and $16,559 to Henry Haywood for 350 S.W. 10th Avenue, with funding from SHIP Account No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-49.19. Agenda Item No.~J AGENDA REOUEST Date: July 12, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: July 23. 1996 Description of item (who, what, where, how much): Project No. 93-24. ~ran~on Driv~ Utility Improvements. The work generally consists of the construction of approximately 3.000 linear feet and 2.800 linear feet of g-inch water main and 8-inch sanitary sewer line respectively, including l~terals, on Brandon Drive. The construction will also include a lift station and the restoration of several existing driveways and existing sodded swale areas. Finally, this project will include overlaying all of Brandon Drive. Funding for this project is from account ~440-5179-536-69.12, 1993 Water & Sewer'Bond. Brandon Drive. The lowest r~ponsible responsive bidder for this project is Sullivan Bros.. Inc. with a bid in the amount of ~365.765.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Project No. 93-24, Utility Improvements to Sullivan Bros.. Inc. for their bid in the amount of Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds : Funding available: Y~NO Funding alternatives hJ/~ / (if applicable)_ \ Account No. & Des~riptio~q~ Account Balance ~/ City Manager Review: Approved for agenda, //NO Hold Until. Agenda Coordinator Review: Rece ired: Placed on Agenda: Act ion: Approved/DJ sapproved file: 93-24 (A) file: projects/9617/official/arf9324.doc(A) DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: WILLIAM GREENWOOD ~/~ DIRECTOR OF ENVIRONMENTAL SERVICES DATE: JULY 12, 1996 SUBJECT: BRANDON DRIVE UTILITY IMPROVEMENTS PROJECT NO. 93-24 Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on July 23, 1996. Predicated on the base bid, the lowest responsive bidder is Sullivan Brothers, Inc. with a total evaluated bid of $365,765.00. It should be noted that the alternate bid for construction of PVC water main in lieu of ductile iron results in a deduct of almost $45,000. While we generally solicit alternate bids for PVC water main to maintain current cost records, our construction standards specify ductile iron pipe for pressure conduit applications, because of the superior material strength and resistance to damage. We only diverge from this standard in areas where buried conduits may be exposed to corrosive elements such as salt water or organic soils. These areas are generally limited to the Barrier Island and areas immediately west of the Intracoastal Waterway. Based on the foregoing and previous experience with Sullivan Brothers on City work, we are recommending award of the project to Sullivan Brothers in the base bid amount of $365,765.00. The funding sources for this project are as follows: Funding Source Account Number Bid Amount 1993 Water & Sewer Bond 440-5179-536-69.12 $365,765.00 Please place this item on the agenda for commission approval. Enclosed cc: Joseph Safford, Finance Director Richard Hasko, P.E., Assitant City Engineer C. Danvers Beatty, P.E., City Engineer File: Project No. 93-24 (A) jL~L--22--'B6 MO'I-,I 15 ~0 F'. 81 MAJESTIC GROUP ENTERPRISES INC. COVER SHEET DATE: ~ TIME: __~ PLEASE DELIVER TllE FOIJf)WING PAGES TO: . C~ty et~rks Off!c9 NAME C.ity Of Delray- Please O~s~ribute ~.o ail of the city FIRM commissioners. 243-3774 FAX NUMBER FROM: Michael Pantori TOTAL ~3MBER OF PAGES INCLUDING COVER LETTER: Dear City&Manager MESSAGE: Dear Commissioners, Please review the attached 6 pa,ues of information, relative to item on the agenda for 7/23/96 me.e t i ng. PLEASE ~VISE US OF ~ DIFFIC~TIES IN RECEIVIN~ ~IS T~ISSION JL~L--2='2--96 ~O.N 15 :~1 P. ~]2 MAJF_&'TIC GROUP ENTE S , INC. P.O. Box 4384 Deer'field Beach, FL 33442 · (407) 394-0852 · Fax (407) 362-8643 City of Delray Beach 7/22/96 C/O Jackie Rooney,Senior Buyer Purchasing Department 100 NW let Ave. Oelray 8ch., F1.~444 Re: Brandon Drive Project 93-24 On Agenda For 7/23/96 6;00pm Dear Jackie, Attached for your review and information are manufactors data sheets and letters from representatives of the manufactors iDdi- caring the advantages of PVC as opposed to the lesser qualities of D.I.P., that was proposed in the bid package and the request as an alternate the price difference for PVC pipe. The difference is substantial (approx. $50,000.00). The saving of the water main installion doesn't take into consideration the extra cost the residents will experience with the service taps associated with D.I.P. Additionally, this procedure may produce a strong form of electrolysis, accellerating the already high quality of corrosion that is so prevalent with the use of D.I.P. in high grousd water areas that are in close property line regions, at Brandon Drive. Naturally, the above should be examined to the criteria of impor- tance that is best for the general public in a sense of health,well being and economical view point. Michael M. Pantori, Pres. Majestic Group Enterprises, Inc. cc: City Commissioners; Mr. Ellingsworbh, Hr. Egan, Hr. Randolph, Mrs. Eiselewski Mayor~ J. Alperin City Engineer Mr. Dan Beatty City Manager Hr. Dave Harden FMK, INC. MIKE KEY EBAA IRON SALES 6621 PINE TREI~ CIRCLE JM PIPE I.AKE CLARKE.SHO~ES, FLORIDA CASCADE MFO, BOW.SMITH Telephon,~ 407-$47-1105 Fox 407-547.1 ~,07 July 15, 1996 RB'. Michael Pantori MAJESTIC GROUP ENTERPRISES, i~C. P. O, Box 4384 Deeffield Beach, Florida 33442 Dear Mr Pantori, As the Manufacturing Representative for J-M Pipe, I am writing to assure you the use of PVC piping as an alternative to Ductile Iron Pipe. The use of PVC pipe has been widely accepted for water and force main applications for over 30 years When properly installed according to our pipe installation guide (attached), PVC pipe is an attractive alternate to other piping materials, The bedding and trench requirements are similar to other pipe products and offer some attractive benefits. Those include corrosion resistance, chemical resistance, strength to weight ratio, long term tensile strength, abrasion/wear resistance, impact strength and superior coefficient of frimion. These factors contribute to the long life of PVC pipe both due to exterior/interior corrosion being eliminated and soluble encrustants, such as calcium carbonate, not readily precipitating onto the smooth walls of PVC pipe. This virtually eliminates tubereulation and encrustation in water distribution lines resulting in lower maintenance cost and a more e~cient initial pipeline design. If any ~urther information is required, please feel tree to contact myself or our Product Assurance Manager, Ma-. Doug Boitz at 1-800-621-4404 ext. 2118. Sincerely, Mike Key J-M Pipe Manufacturers Representative cc' Doug Boitz, J-M Pipe George Smith, Davis Me~er & Supply .-T %' I_ -- 2 2 -- '~, ~_,. 1'401'4 ! ._,=' : ~.~ F:'. 04 4f~?-243-?.]14 ENGINEERING DE:P! }D4 P82 JUN 11 '96 15:L~9 JIdL--22--96 I~IlD~I 15 :54 F'. ~5 . JE~L--22--96 MO.~q 15 :~6 municipal water systems, firelines and other critical services. Strength !;r~vice lite Class 100, 150 and 200 Blue Brute water Because it is nonmetallic, the pipe does pipes have long*term hydrostatic not rose strength due to either potable strength that meet the commonly water corrosion or external galvanic or accepted high safety requirements of soil corrosion. And its design incrudes a municipal water systems. Blue Brute surge allowance for a 2 ft./sec, stoppage conforms to cast iron O.D.'s and is "~"' of flow. available in 4", 6", 8", 10" and 12" sizes '~,ing-Tite joints wilh in Class 100, 150, and 200. ~,~ctory installed rings B~ue Brute's Ring-Tire joint can be Meets AWWA C9OO assembled quickly. Seated in a deep Underwriters Laboratories and NSF groove, the flexible elastomeric ring Listed, Factory Mutual Approved. provides a tight seal that protects the J-M Manufacturing's Blue Brute line from shock, vibration, earth move- Class 150 and 200 PVC water pipes Corrosion resistance ment and compensates for expansion are listed for critical use in firelines Blue Brute is unaffected by electrolytic or arid contraction of pipe lengths. And and water mains and are F/M approved, galvanic corrosion, or any known soil or there's no field mixing or application t~lue Brute Class 100 is intended for water condition, You don't have to wor~ of cement. It's a simple push-together water mains, about tuberculation, or the need for costly joint that remains tight under normat lining, wrapping, coating or cathodic operating conditions. Light weight protection. ;~r~ /ire joint wdh A 20 foot length of Class 150, 8" Blue !actor installed rin Brute water pipe weighs approximately Quality control . Y ........ 9 factory installed Spigot pipe 181 pounds, That makes It easy to load, Without exception, each length of pipe is rubber sealing easy to transport and easy to handle, hydrostatically tested and subject to ends are Installers prefer it because it goes into the inspection by our quality control ring provides supplied . tight, flexible from factory ground quickly -- thus saving on inspectors throughout every step of the installation costs, manufacturing process, seal with bevels. Long laying lengths Flow capacity A standard laying length of Blue Brute This PVC water pipe has a smooth PVC water pipe is 20 feet. That means interior that stays smooth over long years you can cover a lot of ground during of service with no loss in carrying installation. At the same time, you capacity. Its coefficient of flow is C = 150 eliminate the cost of unnecessary joints. (H&W) -- the best available in common use in water systems. This capacity often allows savings in pumping costs as well as savings on the size of pipe required. The bell is an integral Field cutting part of the pipe length You can cut Blue Brute with a powersaw with the same strength. or an ordinary handsaw. It eliminates the need to Invest in costly cutting equipment, r,~stallation Product should be installed in accordance with J-M Publicalion TR-704B, "Blue Brute~ PVC Class Waler Pipe, Installation Guide." JldL--22--'_~.E. I~IO.F-I 15 : ~8 P. 07 ................ ~ Pipe stiffness This specification designates general The pipe stiffness using F/Ay for PVC requirements for unpfasticized polyvinyl crass water pipe is contained in the table chloride {P¥C) plastic class waler pipe below: with integral bell and spigot joints for Class DR the conveyance of water and other fluids. 100 25 129 150 18 364 200 14 815 Pipe shall meet the requirements of AWWA C900, "Polyvinyl Chloride (PVC) Quick burst test Pressure Pipe". All Class 100 pipe shall Randomly selected samples tested in meet the requirements of DR 25, Class accordance with ASTM O 1599 shall 150 pipe shall meet the requirements of withstand, without failure, pressures DR 18 and Class 200 the requirements listed below when applied in 60-70 of DR 14. seconds. Minimum 5 ~ i-s-~ ...... Class pressure at 73~'F (psi) · All pipe shall be suitable for use as pressure conduit. Provisions must be 100 535 · ~': ::::: made for expansion and contraction at 150 7'55 each joint with an elastomedc ring· 200 ._ 985 Accesso~,, The bell shall consist of an integral wall Blue Brute is backed up by all the items it section with a lactory installed, solid Drop impact test takes for smooth installation of water cross section elastomeric ring which Pipe shall withstand, without Iaiiure al pipe. Direct taps can be made with proper meets the requirements of ASTM F,477. ?'3~F, an impact of a falling missire, Tup tapping tools. (See detailed instructions The bell section shall be designed to C, at the folrowing levels. (Per ASTM D on tapping in the "Blue Brute Installalion be at least as hydrostatically strong as 2444), the pipe wall and meet the requirements Pipe Guide", TR-704B) of AWWA C900. Sizes and dimensions shall be as shown in this specification, size (i_n~ ........ (ftJ___l_b_s.) 4 100 6 t00 ~d~o testing Each pipe shall be tested to four times 8 100 10 120 ¢.; Ihe pressure crass of the pipe for a 12 120 rninir'num of 5 seconds. The integral ?.,..:; bell shall be lested with the pipe. There shall be no visible evidence of ;, n da rd Layi ng Leng ths shattering or spritting when the energy is Standard laying lengths shalr be imposed, 20 feet (-+ 1") for all sizes. Cast iron L) Available in 4", 6", 8", 10" and 12." sizes, this pipe can be connected directly into cast and ductire iron fittings without adaptors or complicated procedures. P.O! ~ J'LIL-2~-gE, TUE 1~ ~ 14 P.O. Box 4384 Deer'field Beach, FL 33442 · (407) 394-0852 · Fax (407) 362-864,5 COVER SI~EET DATE: 7/23/96 TiME: 2: 00 pm PLEASE DELIVER THE FOf.JJgWINO PAGES TO: City Clerks Office, Att: Anita, please pass along to all. NAME City of delray Beach- Plesae distribute to All City commis- FIRM signers, Mayor and city manager. 243-3774 FAX NUMBER FROM: Michael Pantori TOTAL NUMBER OF PAGES INCLUDING COVER LETTER: 2 ~SSA_GE: Dear MayQr,. Commissioners and Cit.y Manaqert _kf.~mo_h~d for your_r.~¥_~.e..~_.~3/ld_/OformaL~on i~ an article that may be of interestt..relg~_~.y_~___t_9 the choice of piping material considered for the Brando~ Drive Proiect 9~-24 that willbe on the agenda set _for this eveninG 7/23/96~?his may be an opportuity not to repeat /J3/~' the err°rs °f Yes%erd~Y'CC> O~ P.E~2 - "-' shift De ray may add for sewer installation The $2 r~tillion beautification pro~ By CAROL LEWIS ject fo:' East Atlantic Avenue, east of Slaff Writer the Intracoasta[ Waterway, kicked off DELRAY BEACH -- Thi~ City Corn- in April and was due to be finished in mission wilt consider adding a night October. shift to install a backup sewer main to But in May, city commissioners ap- the barrier island and Highland Beach proved the installation o! the sewer to avoid further delays in the East At- line, pushing the 'completion date to lantie Avenue Beautification project, early November. The night labor would cost $8,430 Commissioners this month opposed and boost the sewer main installation a request for a 14-day extension for the tab to $61,822, but beach merchants work, saying additional delays would and city officials said on Monday the tmrt merchants during the tourist plan will keep all sides happy, season. "I think we can live with the cost as So the alternate plan, adding a night long as we don't extend the time," said shift, will be presented for their eon- , 'i .:'. City Commissioner David Randolph. sifferation tonight. "The merchants are going to scream The city had two sewage lines their heads off if the work runs into the Beach commissloma~ SEWER /5B season." P~ EASE SEE shift to install a sewer line aloa~ FROM PAGE er," Randolph said, "We would , Beach merchants have to resurface it. That'S too favor much money;" n,s.,;.h,shift a federal grant 'will pay $1.9 to finish project mmm of thc project eost,~with the city paying the rest from utili- recently, when the South ty fees and tile Decade of Excel- Central Regional Treatment Wa- lence bond is$ue. ~//~/..~r//.ff-" .ter Board abando.ed one. Whe. the r~oadwa¥ beautifiea' .e ' That pipe takes raw sewage to tton project i~ complete, it will /'5' 'the treatment plant, disinfects it signal an end to approximately (j~~/V /gg~/~ :and dumps it one mile out into the $110 million of improvements the 'ocean, said Bill Greenwood, dj- city has made in the past seven / years. Paved' walkways, palm /~' 05'//~ ~-~ X%"' ~rect°r of envir°nmental services' ~ The pipe, made of~is trees and lu~h'landseaping found /~' 35-40 yearsoId and cb~and west of the Intracoa~tal Will ~ [,/, C- 'workers have had to patch it for stretch to tho ocean, OId'fasll. /'/ *. ~x~,OC', 4 };~ 0%' J/~ ? "That,~ipelino is in bad shape,"avenue.i°ned lamp pO~ts will light, ap the. /.aM/.j4. o - .,~. ~7r:2. ~t' he said. If the pipeline fails, the ~/'~-/e'-,- f'¢ t/~/~y 'only place it can go is into the In- Merchant~ ~,said business is [~C' ,~1:v~"'7 , tracoastal Waterway." down because some customers x/ ~[ /~,~ s The new main would be in- are avoiding {he constr/iction, /~ ~/~,/,~/ ' tailed along East Atlantic Ave- Others may not realize the stores r-~ ,..~__~ hue from Venetian Drive to the are open during construction, .~ - ....Jr'-" ¢,~ ~,~ 5;~ lntracoastal Waterway, City offi- said Barbara 011inert, an' owner /~--Ozff&~zc4' / "i cials agreed now is the best time of the Beach Mini Market at 1130 v~Vy-' 'F'-_ ~/~ ~-...,/}~ to install it, while contractors E. Atlantic Ave. .. ~}/V j/fftt/f/go~.~' ~/~/yz...~,'. have the road dug up burying ,,i think it,s an excellent idea [O, electric lines, laying brick side- do the work at hi§hr,''~ Ollmert walks and beautifying the said. "They should have thought roadway, about it a long ago. It only makes "If we don't get the piping in sense to do something to get It' now,~while it's open, w~will have done ~¥icker." Agenda Item No.: ff/J ,,q~ AGENDA REQUEST Request to be placed on: Date: _July 12~ 1996 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda When: _July 23~ 1996__ Description of item (who, what, where, how much): CASE# ADDRESS GRANT AMOUNT 93-038HR 507 Southwest 6th Avenue $17~561.00 (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of Community Development Block Grant Program Housing Rehabilitation Grant Awards and Contract Award(s) from Account # 118-1963-554-49.19 grant amount includes contingency. (Example: Recommend approval with funding from Special Events Account No. 001- 3333-555-44.55) Department Head Signature: ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda:~qO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Dorothy Ellington, Community Development Coor~nator 2~)~r THRU: Lula Butler, Community Improvement Director ~/"~ DATE: July 8, 1996 SUBJECT: Community Develol:ment Block Grant Program Activities Housing Rehabilitation Grant Awards ITEM BEFORE THE COMMISSION This is to request approval for 1 Housing Rehabilitation Grant Awards. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders. All unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATION Staff recommends Housing Rehab. Grants be awarded for the following: CASE# ADDRESS GRANT AMOUNT 93-038HR 507 SOUTHWEST 6TH AVE. $17,561.25 MEMORANDUM TO: David Harden, City Manager THROUGH: Joseph Saff~ance Director FROM: Kathy Butler, Buyer )J~ DATE: July 15, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 23, 1996 - BID AWARD - BID #96-51HR HOUSING REHABILITATION PROGRAM Item Before Commission: The City Commission is requested to make award to low bidder, as listed below, at a cost of $17561.00 which includes contingency. Background: The Community Development Division handles and processes their formal bids on housing rehabilitation projects, with funding from their housing rehabilitation budget. Property: Contractor: Amount: 507 Southwest 6th Ave. Intercontinental Const. Corp. $17,561.00 Recommendation: The Purchasing Office concurs with the recommendation to award to the low bidder as outlined above from account # 118-1963-554-49.19. Attachments: Memorandum from Community Development Bid Information Sheets cc: Lula Butler CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 96-51HR APPLICANT: CHRISTINE SHARPE APPLICATION #: 93-038HR PROJECT ADDRESS: 507 SOUTHWEST 6TH AVENUE DATE OF BID LETTERS: JUNE 14, 1996 DATE OF BID OPENING: JUNE 27~ 1996 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ ALPHA ULTRA INC. $ ARTHUR BADALOO $ BEEKMAN CONSTRUCTION $ CSB CONSTRUCTION $ DAKOTA CONSTRUCTION $ No Bid 1ST CHOICE CORP $ INTERCONTINENTAL CONST. CORP. $16,725.00 HENRY HAYWOOD $ ! 8,630.00 PRESTON CONTRACTION $ RADA ENTERPRISES, INC. $ RAY GREAVES $ SOUTH FLORIDA CONSTRUCTION $17,035.00 IN-HOUSE-ESTIMATE: $ 15,~ 110.00 CONTRACTOR AWARDEDCONTRACT: Intercontinental Construction Corp. BID/CONTACT AMOUNT: $ 16 ~ 725.00 COMMENTS: BID AWARDED TO LOW BIDDER BIDFORM/PG1 Agenda Item No.' AGENDA REQUEST Request to be placed on: Date: _July 12, 1996__ __ Regular Agenda Special Agenda __ Workshop Agenda xxxxx Consent Agenda When: July 23, 1996 Description of item (who, what, where, how much): CASE# ADDRESS SHIPAMT HOME AMT TOTAL 93-036HOSH 350 SW 10th Ave $ 4,140.00 $12,419.00 $16,559.00 93-033HOSH 318 SW 9th St. $ 3,796.00 $11,387.00 $15,183.00 (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQU1ED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of aff'ordable rehabilitation grant award through the State Housing Initiatives Partnership Program (SHIP) account 118-1924-554-49.19 & HOME Investment Partnerships Program (HOME) account 118-1923-554-49.19 (Example: Recommend approval with funding from Special Events Account No. 001- 3333-555-44.55) Department Head Signature: ~.~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: /~0 Funding AlternativeS: ~ , ., _ (if applicable) Account No. & Description: [[C~'-iq2,q- ~c~. 4%/q · Account Balance: TgIqq3 ' City M~ager Rehew: Approved for agenda:~mO Z~/~b Hold Until: /~] Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved~isapproved MEMORANDUM TO: David Harden, City Manager THROUGH: Joseph Saffoq~"~nance Director FROM: Kathy Butler, Buyer L~ DATE: July 15, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 23, 1996 - BID AWARD - BID #96-52HS HOUSING REHABILITATION PROGRAM Item Before Commission: The City Commission is requested to make award to low bidders, as listed below, at a cost of $31,742.00 which includes contingency. Background: The Community Development Division handles and processes their formal bids on housing rehabilitation projects, with funding from their housing rehabilitation budget. Property: Contractor: Amount: 350 SW 10th Ave Henry Haywood $16,559.00 318 SW 9th Street Intercontinental Constr. Corp. $15,183.00 Recommendation: The Purchasing Office concurs with the recommendation to award to the low bidder as outlined above from account # 118-1924-554-49.19 & 118-1923-554-49.19. Attachments: Memorandum from Community Development Bid Information Sheets cc: Lula Butler MEMORANDUM TO: David Harden, City Manager FROM: Dorothy Ellington, Community Development Coordinator THRU: Lula Butler, Community Improvement Director DATE: July 12, 1996 SUBJECT: CONSENT AGENDA Home Investment Partnership Program (HOME) & State Housing Initiatives Partnership Program (SHIP) Rehabilitation of Owner Occupied units. ITEM BEFORE THE COMMISSION This is to request approval for two Housing Rehabilitation Grant Award through the State Housing Initiatives Partnership Program (SHIP) & the Home Investment Partnership Program (HOME). This request is in accordance with the City's approved Housing Assistance Plan developed for the SHIP Program as well as the agreement of HOME funds between the City and Palm Beach County. BACKGROUND This grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change order. All unused funds remain with the SHIP & HOME grant programs. As required by the Home Agreement between the City and Palm Beach County we will obtain a Promissory Note from the homeowner, record it in the public records of Palm Beach County. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Contract Award and Bid Summary Sheets are attached for your reference. RECOMMENDATIONS Staff recommends Housing Rehab. Grant through the (SHIP) & (HOME) programs. Twenty Five percent (25%) of total funds will be charged to the SHIP account and the remaining seventy five percent (75%) of funds will be charged to the HOME account for the following: CASE# ADDRESS SHIP AMT HOME AMT 93-033HOSH 318 SW 9TH ST. $ 3,796.00 $11,387.00 93-036HOSH 350 SW 10TH AVE. $ 4,140.00 $12,419.00 CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 96-52HS APPLICANT: VIRGINIA HOUSTON APPLICATION #: 93-036HS PROJECT ADDRESS: 350 SOUTHWEST 10TH AVENUE DATE OF BID LETTERS: JUNE 14~ 1996 DATE OF BID OPENING: JUNE 27~ 1996 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ ALPHA ULTRA INC. $ ARTHUR BADALOO $ BEEKMAN CONSTRUCTION $ CSB CONSTRUCTION $ DAKOTA CONSTRUCTION SNo Bid 1ST CHOICE CORP $ INTERCONTINENTAL CONST. CORP. $ 19,675.00 HENRY HAYWOOD $ 15,770.00 PRESTON CONTRACTION $ RADA ENTERPRISES, INC. $ RAY GREAVES $ SOUTH FLORIDA CONSTRUCTION $ 18.655.00 IN-HOUSE-ESTIMATE: $ 19~570.00 CONTRACTOR AWARDED CONTRACT: Henry Haywood BID/CONTACT AMOUNT: $ 15 ~ 770.00 COMMENTS: BID AWARDED TO LOW BIDDER BIDFORM/PG1 CITY OF DELR4 Y BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 96-52HS APPLICANT: JOHN & MATTIE DUNCAN APPLICATION #: 93-033HS PROJECT ADDRESS: 318 SOUTHWEST 9TH STRET DATE OF BID LETTERS: JUNE 14, 1996 DATE OF BID OPENING: JUNE 27, 1996 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ ! 6, ! 20.00 ALPHA ULTRA INC. $ ARTHUR BADALOO $ BEEKMAN CONSTRUCTION $ CSB CONSTRUCTION $ DAKOTA CONSTRUCTION SNo Bid 1ST CHOICE CORP $ INTERCONTINENTAL CONST. CORP. $14,460.00 HENRY HAYWOOD $ PRESTON CONTRACTION $ RADA ENTERPRISES, INC. $ RAY GREAVES $ SOUTH FLORIDA CONSTRUCTION $16,240.00 IN-HOUSE-ESTIMATE: $ 13,890.00 CONTRACTOR AWARDED CONTRACT: Tntmrmmn~inon~nl n,~',~-~',,o~-!o- Corp. BID/CONTACT AMOUNT: $14.460.00 COMMENTS: BID AWARDED TO LOW BIDDER BIDFORM/PG1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ' - MEETING OF JULY 23, 1996 CONTRACT ADDITION (C.O. #2) /GOLDEN EAGLE ENGINEERING CONTRACTORS, INC. DATE: JULY 19, 1996 This is before the Commission to consider a contract addition (Change Order No. 2) in the amount of $61,822.00 to Golden Eagle Engineering Contractors, Inc. for installation of an auxiliary sanitary force main, in conjunction with the East Atlantic Avenue Beautification project. The main is proposed at this time due to the on-going construction on Atlantic Avenue. Installation of this new main will provide the City with alter- nate means of sewage discharge from the barrier island across the Intracoastal Waterway. Presently, the only Intracoastal crossing is at Lowery Street. If the Lowery main were to break, there would be no other means to discharge sewage flow from the island. This item was denied by the Commission at the July 9, 1996 meeting due to Golden Eagle's request for 14 additional calendar days to complete the project. It is now their intent to construct the majority of the work at night, which will require additional lighting and labor costs not included in the original quote of $53,392. The additional $8,430 included in this request will compensate Golden Eagle for these requirements. Recommend approval of the contract addition to Golden Eagle Engineering Contractors, Inc. in the amount of $61,822, with funding from the Water and Sewer Renewal and Replacement - Intracoastal Waterway Crossing (Account No. 442-5178-536-61.36). Agenda Item No. /~2 AGENDA REQUEST Date: July 17~ 1996 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda When: July 23, 1996 Description of item (who, what, where, how much): Contract Additions to Golden Eaqle Enqineerinq Contractors on the East Atlantic Avenue Beautification Project (93-68). The scope of work includes the abandonment of the existinq 14" force main presently aliqned via Venetian/Atlantic/Seabreeze and Lowery. A new main would be installed per these Contract Additions and would aliqn the force main via Venetian/Atlantic/East Road and Lower%, with a stub out west on Atlantic to the Intracoastal Waterway. The 16" C-900 PVC force main stub out to the Intracoastal will eventually be connected to an existinq abandoned main under the Intracoastal at Atlantic Avenue which was previously utilized as an ocean outfall. The force main on East Road will be installed by Marandola Construction as approved by Commission on July 9, 1996. The installation of this new main will provide the City with alternate means of sewaqe discharqe from the barrier island across the Intracoastal. The mains are proposed at this time due to existinq construction on-qoinq at East Atlantic Avenue. The request is made for a Contract Addition (C.C. #2) of $61,822.00 and 0 additional calendar days to Golden Eaqle on the Atlantic Avenue Project. ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YES~ Recommendation: Commission approval for Contract Addition to Golden Eaqle Enqineerinq Contractors. ~,~.~ ~~ Department head signature: _ _~_ 7H~,~ ~/~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~red on all items involving expenditure of funds): Funding available:~~ Funding alternatives (~f applicable) Account No. & Description~/7~- Account Balance ~/0~.~. City Manager Review: Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Divi~ Date: July 17, 1996 Re: Contract Addition for auxiliary Intracoastal sanitary force main crossing Attached for Commission approval is an agenda request for a Contract Addition to Golden Eagle Engineering Contractors on the East Atlantic Ave Beautification Project (93-68). The scope of work includes the abandonment of the existing 14" force main presently aligned via Venetian/Atlantic/Seabreeze and Lowery. A new main would be installed per this Contract Addition and would align the force main via Venetian/Atlantic /East Road and Lowery with a stub out west on Atlantic to the Intracoastal Waterway (see attached). The 16" C-900 PVC force main stub out to the Intracoastal will eventually be connected to an existing abandoned main under the Intracoastal at Atlantic Avenue which was previously utilized as an ocean outfall. The force main on East Road will be installed by Marandola Construction as approved by Commission on July 9, 1996. The completion of this new main will provide the City with alternate means of sewage discharge from the barrier island across the Intracoastal. Presently the only Intracoastal crossing is at Lowery St. If the Lowery main were to break there would be no other means to discharge sewage flow from the island. This proposal is made at this time due to existing construction on Atlantic Ave. The request is made for a Contract Addition (C.O #2) of $61,822.00 and 0 additional calendar days to Golden Eagle on the Atlantic Ave Project. This agenda item was denied by Commission at the July 9, 1996 meeting. Staff has discussed the concerns of a time extension with the Contractor. The original request was in the amount of $53,392.00 and 14 additional calendar days. It is their intent to sonstruct the majority of the work at night requiring additional lighting and labor overtime costs not included in their original quote. The additional $8,430.00 included in this request will compensate Golden Eagle for these requirements. Funding is available from Acct. No. 442-5178-536-61.36 (Intracoastal Crossings). CC: Dan Beatty, City Engineer William H. Greenwood, Director of Environmental Services Dick Hasko, Assr City Engineer 9368D > IW A T~ \ ' AST RD. < --~, -- , ~ . EEZE : / ~VENUE " :~ I__ __ PALM AVE. i . i ~ .I ii ~ i ~ " BRONSON AVE. ~ ', i~ ANDREWS CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #2 PROJECT NO. 93-68 DATE: PROJECT TITLE: East Atlantic Avenue Beautification TO CONTRACTOR: Golden Eagle Engineering Contractors, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Contract Addition to construct 14"/16" force main per attached proposal dated July 16, 1996. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,791,563.65 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 64,020.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,855,583.65 COST OF CONSTRUCTION CHANGES THIS ORDER $ 61,822.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,917,405.65 PER CENT INCREASE THIS CHANGE ORDER 3.0% TOTAL PER CENT INCREASE TO DATE 7.0% Additional 0 calendar days are added by this change order. Adjusted completion dates are: Substantial: September 22, 1996 Final: October 22, 1996 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. GOLDEN EAGLE ENGINEERING CONTRACTORS, INC. (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CKANGE ORDER Environmental Services 442-5178-536-61.36 DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY /rD/~RAY/~7~ BEACH, FLORIDA by its City Commission William H. Greenwood, Directo~ Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk . '07/16/96 16:41 FAX 305 9743982 GOLDEN EAGLE ~001 , ,, L=r#0725-03&R/July 16. 1996 City of Delray Beach 434 S. Swiuton Avenu~ Delray Beach, Florida 33444 Attn: Mr. Howard Wight, Construction Re: City o~ Delray Death Projec~/Eas~ A=lan=ic A~. Seau=ifica=ion ~93-68 Item: ~vised Cost For Force. in Addition ~ East ~aa (Incl~es Nigh= Work) ~ nt le~n: With respect Co =he above captioned project and item a~ per sheets C~6, and C17, ~he ~oll~i~ details our cost breakd~n for 2) l&" Plug Valve 1 Ea ~ $ A,239.00 = ~ 4,235.00 3) 14" ~ ~ends 2 Ea ~) 1~" ~C Pipe, C90~, C1 235 -150 ~ ~ ~ 29.50 - ~ 11,925.00 ~) 16" ~C Pipe, C90~, C1 23S 170 ~ ~ $ 83.~0 - $ 1~,19~.00 6) 16" ~ Solid Cap 1 Ea ~ $ 622.00 = ~ 62~.00 7) 16" ~ ~emds 2 Ea 8) Plug Exstg. 14" Porce~in 1 LS ~ ~ 3,7~0.00 = $ 3,750.00 9) Rem. Old 1~" Force. in 2~0 LF 10) Light T~e= 1 ES ~ $ 1.200.00 - $ 1,200.S0 12) ~isccllaneous Costa 1 LS ~ 6 700.00 - }. _700.00 13) Revised To=al Cost; = $ ~1,822.00 ..... No=e* - I= will be necessary ~o have an e~gency crew on site a~ all ~i~s during nigh=~i~ opera=ions from City of Delray ~acb co handle e~rgency's and c~flic=s which ~y be encouu=mre~. Please be iafo~d that we reserve che risht ~o claim for ~ne~a=y da~es ~or and equlp~nt and labor downti~ associa=ed wicb delays due =o unresolved con~llcta, conflicts ncc resolved ~imely a~fec~i~ crews amd due ~o ~=ezial pzocure~n= fo= work =ha~ is necessary ~o resolve unforeseen occurrances. These costs ace based on secure and ~ safe the station 9+80. The City is to pr~ide contai~mt or a p~ins vehicle (i~ required) fo= sewage ~ischa=gea f=~ =he exis~i~ force.in while ~he force.in connection is being ~de, The City shall also secure and ~ke sa~e ~he exis=ias 1~" force.in a= Seabreeze A~uue in order for us =o be able ~o cut and plug as indicated and in o=~er ~o initiate pipe re~val, ~ince che design plan for =his work does no~ provide a depch profile o~ =he proposed ~C ~o=ce~ins, ~..have assu~d =haC the depth will no~ be ~rma~e= =hen 52" from finished szade, if the excavation is gzea~er =hen ~iv~ feet or bed~i~ ~erial is requited out unit price ~o= installation o~ pipe will be increased accorain&ly. Pield modlficacions or conflicts encountered shall be consldezed as eztra work, additional costs ~==d~ ~d...~:- = --- ~ shall be co~uced as ~eded. We hope ~ha~ ~his de=ailed revised proposed is satisfactory for you= purpose&. CC: ~cord~/Sil/File/lcc~g [ITY DF I)ELA;lY BEI:IgH DELRAY BEACH ~ 100 N,W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmedcaCity TO: David T. Harden, City Manager 1993 ~_ s~ FROM: Hoyt Owens, Deputy Director of PuBlic Work SUBJECT: AGENDA ITEM It ~'~-~ CITY COMMISSlO NI~,,ETING, 7123196 SPECIAL EVENT - PEACH UMBRELLA PLAZA ASSOCIATION, INC. PERFECT HARMONY FESTIVAL, OCTOBER 5, 1996 DATE: July 17, 1996 ACTION City Commission is requested to endorse and approve the Perfect Harmony Festival on Saturday, October 5, 1996. Approval to include the following: 1. Temporary Use Permit, per LDR's Section 2.4.6(H)3 for partial closure of Atlantic Avenue Jclose both west bound lanes of traffic on the north side of the street from N.W. 4th Avenue to N.W. 6th Avenue). 2. City staff assistance to apply for the street closure permit from F.D.O.T., use and set-up of City stage, police security and traffic control, barricade installation and removal, trash pick-up and street cleaning. BACKGROUND The Peach Umbrella Plaza Association, Inc. will again be conducting their Perfect Harmony Festival on October ,5, 1996. Activities include gospel rally the evening of October 4, at the Tennis Center, entertainment throughout the day, vendor booths, and a trolley four of historical sites. The attached letter requests partial street closure and City assistance. Estimated overtime cost for this event is approximately $3,000-$4,000. Peach Umbrella Plaza Association, Inc. will arrange and pay for their portable sanitary facilities, all rental barricades, and will obtain their own approvals for use of any private parking areas. RECOMMENDATION Consider the request from the Peach Umbrella Plaza Association, Inc. for a temporary use permit, street closures and City staff assistance. All City permit fees and overtime costs will be paid by Peach Umbrella Plaza Association, Inc. HO/sdl Attachment REF: MEETINGS/071796A.MEE THE EFFORT ALWAYS MATTERS Pnnted on Recycled Paper Pe^cI-I Pi ^z^ ASSOCIATION, I c. 2160 W. ATLANTIC AVENUE · SUITE 100 · DELRAY BEACH, FL 33445 PHONE: (407) 265-0200 ° FAX: (407) 265-3536 July 11, 1996 Mayor, City Commissioners and City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor, Commissioners and City Manager: Again, we would like to present the Visions of Perfect Harmony Festival as one of the events for Heritage Month. The concept of this festival is to showcase the multi-cultural diversity of the All-America City of Delray Beach, Florida. This letter is to ask for your approval of this event for 1996. The proposed date for the all day street festival is Saturday, October 5, 1996 plus a gospel rally on the evening of Friday, October 4th. The street festival will be coordinated with and will include the Fire Department's Fire Safety Week culminating activities. The evening gospel rally is proposed to be held at the Tennis Center. Mr. Paul Felsberg, the new manager of the tennis center, is our festival coordinator for this year and will work with us on details needed for using the tennis center for a gospel rally. The hours of operation for the all day street festival will be from 10:00am to 5:00pm allowing until 6:00pm for all vendors to clear out of their spaces. The festival will be recruiting vendors offering food, arts, and crafts representing various cultures and ethnic groups. As in previous years, stage entertainment will be presented throughout the day and will also represent various cultures. Additionally, Mt. Olive Baptist church in celebration of its centennial and as the oldest church in Delray Beach will join the festival with a very special historical exhibit and video presentation inside their fellowship hall throughout the day of the festival. The early morning narrated trolley tour of historical sites was an enjoyable addition to the festival last year and we have been asked to repeat it again this year. The proposed location of the all day street festival is on West Atlantic Avenue from NW 4th Avenue to NW 6th Avenue. The proposed plan is to close of the west bound lanes of West Atlantic Avenue between those streets with the west bound traffic being routed at NW 4th Avenue to NW 1st Street to return to West Atlantic at NW 8th Avenue. Vendor spaces would be located on West Atlantic Avenue's west bound parking lane and the inside driving lane with the outside driving lane as the pedestrian shoppers lane. The stage and bleachers would be set, with the stage facing east, in the street at the 6th Avenue end of the festival area. NW 5th Avenue would be closed off about one half block north of West Atlantic Avenue. The Fire Department will have various activities on the 5th Avenue driveway area of their building as well as some vendor spaces on the West Atlantic Avenue vendors area in front of their building. A children's playland area and promotional Hoop-It-Up basketball goals will be located on the 5th Avenue corridor just to the north of the Fire Department's driveway area. Attached is a street map with hi-lite marking the area which would be closed to vehicular traffic for the day of the festival. Attached for your information is a list of the festival committee members. A financial statement of last year's festival will be sent to you directly by our accountant, Stahl and Associates. Thank you very much for the kind support which you have always extended to us. Sincerely,~z~!_, ~_~ Charlotte G. Durante, President cc: Bob Barcinski Attachment 9.B. PEACH UMBRELLA PLAZA ASSOCIATION PERFECT HARMONY FESTI- VAL: Consider a request from the Peach Umbrella Association for a temporary use permit, street closures, City staff assistance and waiver of overtime costs and stage rental fees for the Per- fect Harmony Festival on October 7, 1995. Mr. Barcinski stated that the Peach Umbrella Plaza Association has requested the Commission's endorsement and ap- proval of the Perfect Harmony Festival on October 7, 1995, in- cluding the following: (1) temporary use permit for the partial closure of Atlantic Avenue (one lane of traffic on the north and south side of the street from 2nd Avenue to 5th Avenue); (2) City staff assistance to apply for the street closure to the Florida Department of Transportation, apply for temporary power with FP&L, use and set up of City stage, Police security and traffic control, barricade installation, trash pick-up and street clean- ing; (3) waiver of staff overtime; and (4) use of the Tennis Center and waiver of fees. The Association will be responsible for obtaining the necessary approvals for extra parking at Mt. Olive Church and at the South County Courthouse. Estimated overtime cost for the event is between $3,000.00 and $4,000.00. Concerning the request for use of the tennis stadium, Mr. Barcinski noted that any entertainment functions have to comply with the contract with Palm Acts, Inc., and that this request has been forwarded to the City Attorney's office. Discussion by the Commission followed. With respect to waiving fees for the tennis stadium, Dr. Alperin reiterated his concern about setting a precedent for similar requests in the future. Mayor Lynch expressed concern about the request to waive staff overtime costs, noting that the Commission has been alerting organizations with similar requests that the City cannot continue to do this. Charlotte Durante, Founder and President of the Peach Umbrella Association, expressed her appreciation for the City's support in the past. While she recognizes that the budget is getting tighter, she asked the Commission to consider the waiver of overtime costs. Next year the Association will be aware of this situation and will be able to start early in the planning process for the extra money. Ms. Durante stated that in her initial letter, she had indicated that the Florida A&M University (FAMU) Marching Band would be performing at either the tennis stadium or the Atlantic High School football field. She commented that the tennis stadium will probably not be large enough to accommodate the band, and they prefer to march on a football field. Ms. Durante explained that the FAMU Marching Band will be traveling from Tallahassee and that the Steering Committee is looking for spon- sors to house and feed the band's 250 to 300 members. Mr. Randolph moved to endorse and approve the Peach Umbrella Plaza Association's Perfect Harmony Festival on October 7, 1995, to include the following: (1) Temporary Use permit for partial closure of Atlantic Avenue (one lane of traffic on the north and south side of the street from 2nd Avenue to 5th Ave- nue); (2) City staff assistance to apply for the street closure to FDOT, apply for temporary power with FP&L, use and set up of City stage, Police security and traffic control, barricade in- stallation, trash pick-up and street cleaning; and (3) waiver of staff overtime in an amount up to $2,000.00, with the understand- ing that this is the last time the City will absorb this cost. There will be no waiver of fees for any use of the tennis stadium which may occur. The motion was seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 4 to 1 vote. 9.C. TEMPORARY USE PERMIT/GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH: Consider a request from Greater Mount Olive Missionary Baptist Church for a temporary use permit, closure of a portion of N.W. 4th Avenue on July 22, 1995, and waiver of overtime costs associated with the closure, for a Church-spon- sored mini-carnival (no rides) to be held July 21-23, 1995. Mr. Barcinski stated that the request is to close off a portion of N.W. 4th Avenue on Saturday, July 22, 1995, as part of the Church's fund raising event. The Church will be conducting a mini-carnival (no rides) beginning at 7:00 p.m. on Friday, July 21st, through Sunday evening, July 23, 1995. Overtime costs associated with the closure are estimated at $60.00. Mrs. Smith moved to approve the temporary use permit for street closure and deny the waiver of overtime costs, second- ed by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.D. CHARITABLE ORGANIZATION DESIGNATION/"HOOP-IT-UP": Consider approval of the suggested list of charitable organiza- tions as the designees for receiving dollars from the "Hoop-It- Up" event scheduled for October 14-15, 1995. Mr. Barcinski stated that the request is to designate twelve charitable organizations which would receive monies raised by the "Hoop-It-Up" event, per paragraph 4(j) of the Agreement dated February 15, 1995, with Streetball Partners International, Inc. Streetball Partners is actively pursuing this project and would like to have the names of the organizations for use in their efforts to secure sponsors. The charitable groups will share in the proceeds based on the amount of their volunteer participation. It is estimated that between $10,000 and $12,000 will be generated for charitable purposes. The suggested list -s- 7/lS/95 Agenda Item No.: ,w/ AGENDA P-EQUEST 7/1/96 Date: Request to be placed on:, Regular Agenda Special Agenda Workshop Agenda When: 7/16/96 Description of agenda item (who, what, where, how much): Terminate the contract between the City, Smith Barney Inc. and Stife~ Nlcolaus and Company,-In~ dated 6/Z~/~4 and · · · · authorize staff to brln~ back a new contract with Smith Barney Inc., and RaYmond 3ames an.d Assoc., ~ft~r thirty days no~ice is,~iven to Smith Barney and Stifel'Nicolaus. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Rmommmmnd the above. Department' Head Signature: City Attorney Rev'{ew/ ,Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO n/a Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: E~ NO ~ '~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM To: City Commission From: David T. Harden, City Manager ~t?5. [ Subject: Underwriting Agreement Date: July 8, 1996 The City's Underwriting Agreement dated June 29, 1994 between Smith Barney, Inc., and Stifel, Nicolaus and Company, Incorporated permits termination with or without cause and at the convenience of either party upon the delivery to the other party thirty (30) days written notice of the termination. Staff recommends that the City terminate this agreement due to the fact that the primary underwriter at Stifel, Nicolaus is now employed with Raymond James and Associates, Inc. We further recommend Commission authorization for staff to negotiate a new agreement with Smith Barney Inc., and Raymond James and Associates, Inc. which will enable us to benefit from the consistency of service. If authorized to do so, staff will bring back a new agreement once the thirty (30) days has expired. c: Rebecca S. O'Connor, Treasurer MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~ SUBJECT: AGENDA ITEM # ~ - MEETING OF JULY 23, 1996 WATER BILL ADJUSTMENT POLICY/STATUS REPORT DATE: JULY 19, 1996 Our recommendation is that we have adjusted Mrs. Harris' bill as much as we possibly can. Additional information will be provided. Staff will be prepared to discuss the matter further at the meeting. To: David T. ~Manager From: Joseph M. ~ance Director Date: July 17, 1996 Subject: Status Report- Water Bill at 513 Dolphin Drive (Harris) Mrs. Harris, residing at 513 Dolphin Drive, experienced an irregular water consumption in July, August, and September of 1995. The normal usage at this address for the past several years has been between 8-12 thousand gallons. In July of 1995 her consumption was 24 thousand, in August of 1995 her consumption was 204 thousand, and in September of 1995 her consumption was 69 thousand. Following these erratic months, her consumption resumed normal levels. Following the reading for August, 1995 which showed her consumption of 204 thousand, our Field Inspector returned to this meter for a recheck and filed a service order (Service Order No. 61282 dated 9/12/95) since he found that the meter was runmng with nobody at home. TNs finding usually signifies a leak of some type on the customer side of the meter. There was a slight leak at the house valve, but the work order mentioned that there was a possible internal leak at the same time. The meter read 0685 on 8/31/95 (month using 204 thousand gallons) and the recheck on 9/12/95 read 0745 signifying that 60 thousand gallons had been used in a 12-day period following the 204 thousand. If left unchecked, the final usage for September would have been approximately 150 thousand gallons. A message was left with the resident at 3:00 p.m. regarding the fact that their meter was continuing to nm with nobody at home and to notify our offices. The normal monthly reading made on 10/2/95 was 0754 which means that from 9/12/95 to 10/2/95 this meter registered 9 thousand gallons which is normal usage for this house. Some action was taken to curb the erratic consumption after 9/12/95. Mr. Harris called and left a message that he would call on 9/13/95 and set up an appointment. Mrs. Harris came into the office on 9/26/95 to talk with our Customer Service Representatives about the "excessive water bill". She stated that she had a plumber check her house and that he found no leaks. She asked for our billing clerks to recalculate her bill using average usage and was informed that they did not have the authority to do this and would have to speak with the Finance Director. A second meter check was made on 10/12/95. The metered water consumption from 10/2/95 to 10/12/95 was 3 thousand gallons which verified that the meter was now re~istering normal usage. Mrs. Harris was issued a credit for the sewer charges over 12 thousand gallons but we advised her that we could not issue her credit for the water that registered through her meter in accordance with our policy ordinances and bond covenants. She stated that, even with this credit, she would seek additional relief from the City Commission. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'ti SUBJECT: AGENDA ITEM # ~ MEETING OF JULY 23, 1996 WATER BILL ADJUSTMENT POLICY/STATUS REPORT DATE: JULY 22, 1996 This is additional information provided for review of the City's policy for handling utility bill complaints. The attached memo from Joe Safford outlines our policy and how it is applied by staff. Also attached is Section 52.51 of the City Code which describes in detail the appeals process available to customers who have a complaint about their utility bill. To: David T. Harden, City Manager From: Joseph M. Safford, Finance Director Date: July 19, 1996 Subject: Policy Regarding Handling of Utility Bill Complaints Recently, a customer complained that their water consumption of 204,000 gallons in one month, where their normal usage was 10,000 to 13,000 on average, was ridiculous and demanded an immediate credit based upon their average usage. They could not find any reason for this abnormal usage. This type complaint is only one of many different type complaints that are addressed by the Utility Billing Customer Service Representatives on a daily basis. It is our intent in this memorandum to explain, in general, our policies in handling these complaints. The Utility Billing Division water meter reading and water and sewer billing operation has to be in accordance with the City Code of Ordinances. Section 52 of the City Code covers water operations and Section 53 cover sanitary sewers. In addition, the operations of this Division have to comply with revenue bond covenants (promises) that have been established with bondholders and the courts. In general, the City Code of Ordinances sets the rates, fees, and charges and establishes the guidelines on what is to be charged. It identifies when a service is to be turned on and off; when a monthly bill becomes delinquent, when a service is to be discontinued, even when a meter is to be removed. It sets out the rules regarding allowing access of a meter reader to a meter, and the various fees for additional services. Section 52.30 specifically states 'Whe owner of the property being serviced by city water shall be responsible for all charges against that property for water use...". Section 52.34(E) states "The customer charges and capacity charges as set forth in this section shall be due and payable each and every month for as long as the meter is installed, regardless of whether or not the meter is actually turned on or off`and without regard to use or occupancy." The City Code has a specific grievance policy for the customer to follow and the Utility Billing Division cannot terminate service while this grievance procedure is in process. This grievance procedure covers the submission of evidence and facts by both parties in support of their positions and stipulates the steps to be taken to resolve the issues. Page 2 In addition to the City Code of Ordinances, the Utility Billing Division is required to adhere to bond covenants made to bondholders and to the courts that approved the issuance of the bonds (if applicable). In general, one of the primary bond covenants that must be adhered to is one that states that the City cannot provide any free services, even to itself. This basically means that any consumption registered through a meter must be paid for. It is this promise, or covenant, which a bondholder relies upon to insure that his debt instrument will be paid off. These policies, procedures, and bond covenants are more particularly explained in there respective instruments. If any further detail is required, we would gladly elaborate on any or all of these practices. We would hope that this memorandum clearly identifies the general policies and procedures that regulate the day to day operations of the Utility Billing Division and its field operations. Section 52.50 BILLINGS Sect/on 52.50 RENDERING OF BILLS: WHEN PAYMENT DUE. (A) Bills for all water service, including the customer charge, capacity charge, and commodity charge, shall be rendered to each customer (the person whose name the account is in) upon installation of the meter, and on a monthly basis thereafter, and shall be due and payable forthwith. (B) A billing cycle shall consist of approximately thirty (30) days and is determined to be from one meter reading to the next. Initial and final billing shall be prorated based on service dates. ('80 Code, Sec. 29-21) (Ord. No. 23-82, passed 3/23/82; Am. Ord. No. 55-93, passed 11/23/93; Am. Ord. No. 25-95, passed 5/16/95) Section 52.5! DELINOUENT BILLS: DISCONTINUING SERVICE. Any bill remaining unpaid for a period of thirty (30) days after rendition shall become delinquent. If a delinquent bill is not paid within 18 days, the water will be cut off and the service terminated, unless a protest and/or appeal is filed pursuant to the following procedure: (A) After the customer's account is delinquent, the Water Department shall notify the customer in writing that it intends to terminate water service eighteen (18) days from the date of the delinquency, stating the reasons therefor, the amount of arrearage, if any, and the date after which water service may be terminated. The Water Department must include in this notification .that the customer has six (6) business days (from the date of postmark) in which to make a written protest to a designated officer or managerial employee of the Water Department, stating in the notification the last day for filing a protest. The protest will be considered timely filed if it is received or postmarked not later than the last day for filing a protest. Any legible written statement which may be reasonably construed as a protest and filed within the prescribed time shall be accepted. If a protest hereunder is filed, water service will not be terminated while the protest is pending. V.60 Section 52.51(B) (B) (1) If a protest is not filed, then after the expiration of that period of eighteen (18) days and before the water service is terminated, the Water Department shall determine if the customer and water user are one and the same person. If they are one and the same person, the water service will then be terminated. If'the user is a different person from the customer, the user (if less than eight per one account) shall be notified in writing of the delinquent bill; that the Water Department intends to terminate the water service 18 days from the date of postmark, if the notice to the user is mailed, or from date of delivery, if the notice to the user is personally delivered; the reasons therefor; the amount of arrearage, if any; the date after which water service may be terminated and that the user has six (6) business days (from the date of delivery of notice, if personally delivered, or from the date of postmark if the notice is mailed) in which to make a written protest to a designated officer or managerial employee of the Water Department, stating in the notice the last day for filing said protest. (2) If the customer is the owner or representative of eight or more users, as in the case of, but not limited to, an apartment house, condominium, cooperative, or multi-family residence building, the users will be notified by posting a written notice on the premises of the delinquent bill, stating that the Water Department intends to terminate the water service 18 days from the date of the notice posted, the reasons therefor, the amount of arrearage, if any, the date after which the water service may be terminated and that the users have six (6) business days (from the date of posting the notice) in which to make a written protest to a designated officer or managerial employee of the Water Department, stating in the notice the last day for filing a protest. (3) The protest will be considered timely filed if it is received or postmarked not later than the last day for filing a protest. Any legible written statement which may be reasonably construed as a protest and filed within the prescribed time shall be accepted. If a protest hereunder is filed, water service will not be terminated while the protest is pending. (C) If a protest is filed pursuant to the aforementioned procedure, the Water Department officer or managerial employee shall address himself to the customer's or user's communication, make a bona fide inquiry into the dispute presented by the customer or users and make a direct individual response, explaining in detail the Water Department's position upon the matter. V.61 Section 52.51(C)(1) (1) If the response is oral, the Water Department shall, within a reasonable time thereafter, reduce the same to writing and deliver a copy thereof to the customer. The written response shall contain a notice that the customer or users may file an appeal requesting a hearing, if the customer or users are not satisfied with the aforementioned finding of the Water Department, within Six (6) business days (from the date of postmark) stating the last day for filing the appeal; that the appeal must be in writing and must be accompanied by a deposit of $25 or an amount equal to the Water Department's bill to the customer or residence of user for the month prior to the month the account became delinquent, whichever is lower. (2) If there was no bill for the month prior to the month said account became delinquent, the deposit shall be 825. The deposit shall be made with the city'and held in an escrow account until the hearing is concluded and a'decision rendered by the person conducting it. Water service will not be terminated pending the outcome of the hearing. Any legible, written statement which may reasonably be construed as an appeal and filed within the prescribed time will be accepted as a proper request for a hearing. The appeal will be considered timely if received by the Water Department or postmarked not later than the last day for filing the appeal. (D) Upon receipt of a request for a hearing and applicable deposit, the protest and request for hearing shall be assigned by the Water Department to a person to conduct the hearing. The hearing may be conducted by any adult person, including an employee of the city, provided he is not an employee of the Water or Finance Departments. The person to whom the protest has been assigned for hearing shall notify the customer or user as to the date, place, ana time of the hearing. This notice shall be at least five (5) business days prior to the date of the hearing. The hearing shall take place within thirty (30) calendar days from the date the request for hearing is received by the Water Department, and shall be open to the public. (E) The hearing shall be as informal as is compatible with justice and shall include the following procedures: (1) Ail parties shall have an opportunity to respond, to present evidence and argument on all issues involved, to conduct cross-examination, and submit rebuttal evidence; (2) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not that evidence would be admissible in a trial in the courts of the state; V.62 Section 52.51(E)(3) (3) Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath; and (4) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding, unless it would be admissible over objection in civil actions. (F) The customer or user will be notified of the outcome of the above hearing and the reasons for the decision. If the decision is in favor of the customer or user and no portion of the bill is found due, the amount of the deposit shall be returned to him immediately. If the decision is adverse to the customer or user, the amount of the deposit shall be applied against the arrearage found due the Water Department. If the deposit is in excess of the arrearage, the excess shall be remitted to the customer or user. If the deposit is less than the arrearage, the notice shall inform the customer or user of the amount of the arrearage due, after crediting the deposit, and 'that water service will be terminated five (5) days after the notice is postmarked. The notice will specify the date after which service may be terminated. If the customer or user tenders the amount of the arrearage due the Water Department prior to the aforementioned termination date, the customer's or user's account will be credited, and water service will not be terminated. (G) The Water Department will not terminate water service while any of the aforementioned procedures are pending. (H) Prior to the filing of any lien for unpaid water bills, the Water Department shall notify by first class mail the owner of the subject real property against which the lien will be imposed (as the ownership and address of the owners appears on the current county tax rolls) that the city shall file a lien against that real property in the amount of the unpaid bill fifteen (15) days after the date of the notice if the amount in arrears remains unpaid as of that date. ('80 Code, Sec. 29-22) (Ord. No. 23-82, passed 3/23/82) V.63 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDR ITEM # ~F - REGULAR MEETING OF JULY 23, 1996 REQUEST FROM COMMUNITY REDEVELOPMENT AGENCY FOR FARMERS MARKET SUPPORT DATE: JULY 18, 1996 We have received a request from the CRA for assistance with the Farmers Market program. The market is proposed to operate on Saturday mornings between November 15th and May 31st, and will be set up in the CRA parking lot between N.W. 1st Avenue and Swinton Avenue. The support request basically involves the use of City manpower for set-up and break-down as well as the cost of materials storage. As indicated in the attached memo, Mr. Weldon estimates the cost to be in the area of $17,000. We do not b~ve these funds budgeted for next year. He has also identified several dates when the market could not be held due to conflicts with events already scheduled. I recommend t_hat the support request not be approved unless the CRA is able to cover the costs incurred by the City. ref:agmemoll I:ll¥ ElF DELRI:I¥ BEI:II:H '"" ~ 100 N.W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmericaCity 1993 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Green Market DATE: July 12, 1996 Attached please find a request from Eugene Herring of the Community Development Agency asking for assistance with their Green Market program. Mr. Herring is requesting the City store, transport, set up and break down thirty-five 15' X 15' tents, barricades, and signs for the Green Market that runs from November 15th through May 31st. In discussing this with Mr. Herring and Parks Maintenance, we anticipated this requiring 6 men (two 3 man crews) approximately 3 hours to set up and 2 1/2 hours to tear down and transport back to a storage area. Additionally, the tents, signs, etc. would have to be stored which would require rental of a storage bin at least 20' X 10' at about $211.00 per month. I have attached approximate cost estimates for your review. These figures are only estimates since the exact time needed to set up the tents and the size of the storage area are as yet unknown. However, it is estimated the personnel will cost about $14,545 and the storage about $2,532 for a total of $17,077. These funds have not been requested in next year's budget. The Green Market will have 35 vendors (originally estimated at 22) setting up in the CRA parking lot and using City Hall for parking. Because of the many activities scheduled on weekends at the Community Center, they will have a volunteer to limit parking at the Community Center to customers of the Community Center and direct others to use City Hall parking lot. THE EFFORT ALWAYS MATTERS t:r,nted on Recycled Paper -2- From November 15th through May 31st there are 29 Saturdays. However, there are several dates that the CRA cannot do their Green Market. They are as follows, and the cost estimate reflects a total of 25 Saturdays: October 12 and 13, 1996 - Hoop It Up December 6 - 8, 1996 - Legends Tournament February 1 and 2, 1997 - John McEnroe Tournament February 15 and 16, 1997 - Historical Society Antique Show Please review and advise. Dii~of Parks and Recreation Attachment JW:cp Ref:greenmkt COST ESTIMATES 6 men at an average overtime wage of $17.63 per hour at 5 1/2 hours each for 25 Saturdays from November 15, 1996 to May 31, 1997 = $14,544.75 Storage of thirty-five (35) 15' X 15' tents, signs; would require probably an area at least 20' X 10' at $211.00 per month = $2,532.00 Manpower $14,544.75 Tent storage (12 months) 2~532.00 Total $17,076.75 Community Redevelopment ;Agency June 12, 1996 Mr. Joe Wcldon Director City of Delray Beach Parks and Recreation 100 N.W. 1st Avenue Deb'ay Beach, FL 33444 Dear Joe, Thank you for taking the time to speak with me last week in regard to the Delray Beach Green Market. The following is a recap of our discussion about the assistance that we request from thc Department of Parks and Recreation: 1) Set-up and break-down of the Green Market; i.e., 22 tents @ 10 minutes each, barricades and signs 2) Storage of the tents and crates 3) Transportation of thc tents and crates 4) The issue of parking will require further discussion. Thc Green Market is scheduled for every Saturday from November 15, 1996 through May 31, 1997. The hours of operation will be: 6:00am-7:00am Set-up 7:00an-t-!:00pn~ Open fro' customers 1:00pm-2:00pm Break-down Your support is greatly appreciated. If you have any questions, please call me. Sincerely, / / :_~ VafgSne K. Herring West Atlantic Avenue Project Manager 24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 CITY OF DELRFIY BEfl[:H Writer's Direct Line: (407) 243-7091 DELRAY BEACH Ali.America City 1993 DATE: July 19, 1996 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Palm Acts Contract Brahm Dubin, Paul Felsberg and I met with Palm Acts representatives to work out a substitute agreement. The agreement currently is in legislative format so that you can more readily review the changes. It is also anticipated that once this agreement is signed, that Palm Acts will request approval of a sublicense/assignment agreement with Charisma. As to the substitute agreement before you for discussion and/or approval, the major changes are as follows: 1. The use of the lower level of the clubhouse and courts are excluded from use unless specifically authorized. 2. The term is for five (5) years from the date of execution of the substitute agreement with a five (5) year renewal, so long as the City reasonably determines that Palm has performed satisfactorily. The right to match other offers is also contingent on satisfactory performance and applies only to the second five (5) year term. 3. The events are expanded from a maximum of eight (8) to a maximum of twenty (20) events, with no more than ten (10) events to be held on weekends and no more than ten (10) events to be held on weekdays. The minimum events remain at four (4). Palm may provide one event during the Delray Affair. The event must be approved by the City. The language which previously counted scheduled events that did not occur as counting toward the number of events to be held is deleted. Under the substitute agreement, Palm must actually hold at least four (4) events. City Commission July 19, 1996 Page 2 4. The scheduling of events was made less onerous. 5. The substitute agreement provides that all concessions for food and beverages be conducted under a ticket redemption system. The Substitute Agreement provides that the City will be paid ten percent (10%) of the ~ from all food and beverage concession tickets sold, less the actual cost of the goods sold which does not include packaging, labor, profit or overhead costs. This is a change from the previous agreement in which the City was to obtain ten percent (10%) of the net profit for all concessions. 6. The City or its designee shall be able to prohibit or limit the sale of alcoholic beverages during an event if the City determines that the sale or continued sale of alcoholic beverages poses a risk to the public or to the facility. 7. The new agreement provides that Palm, instead of the City will pay for utilities. It also provides that Palm will pay for cleanup and maintenance after the event. The City, or its designee may approve of the cleanup providers. 8. The new agreement calls for a flat payment of $3,000.00 instead of $2,000.00 and 10% of net revenues, whichever is greater. As stated above, in addition to the $3,000.00, the City will be paid 10% gross revenues of food and beverage concessions, less the cost of goods sold. 9. The performances must end at 12:00 instead of 11:30 p.m. under the substitute agreement. 10. The old agreement provided that the City would provide a stage and covering at the City's expense. The new agreement specifies that the City will provide a 40' x 40' stage and that Palm shall provide the stage covering. Palm and the City shall equally share in the cost of installation of and removal of the stage. The City shall provide, install and maintain the court covering. These costs must be approved in advance by the city. If City and Palm cannot agree on the costs, then the City reserves the right to install and remove the stage with its own forces with Palm and the city sharing equally in the costs. Palm shall pay for and install the stage covering. Palm is to be liable for damage to the court surface if the court covering is in place and the court is damaged by persons or events that Palm has a duty to control. 11. The contract was modified to afford that the City's designee has authority to act on behalf of the City. City Commission July 19, 1996 Page 3 These are the essential changes. By copy to David Harden, City Manager, please place this agreement on City Commission regular agenda for July 23, 1996 for City onsideration. SAR:c[ ~ Attachment cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Mr. Brahm Dubin Mr. Paul Felsberg Drew Levitt, Esq. palmactk.sar SUBSTITUTE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND PALM ACTS. INC. THIS SUBSTITUTE AGREEMENT made this ~ day of ,1996 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as' "CITY") and PALM ACTS, INC., a Florida corporation, (hereinafter referred to as "PALM"). WITNESSETH: WHEREAS, CITY owns and controls certain park land upon which is located the Delray Beach Municipal Tennis Center, hereinafter called "Tennis Center"; and WHEREAS, CITY has determined that it is in the best interest to present broad-range programming responsive to the wishes of the City of Delray Beach community in the Tennis Center that will serve the best overall interest and needs of all citizens of the City of Delray Beach; and WHEREAS, PALM has presented to CITY that it would like to use the Tennis Stadium, consisting of the Tennis Stadium Court an~ . upstairs level of clubhouse, and grounds, excluding the lower level of the clubhouse and courts, unless specifically authorized (referred to herein as the "Stadium" or "Tennis Stadium", ~.ere:.naffer .efer:..~. . ~ ,.?.~ ~-~ +~.~.~ ,,c,~.~:..~,,~~.~.~.. / located at the Tennis Center to provide CITY'S residents with a broad and varied cross-section of entertainment programming; and WHEREAS, CITY has determined that it is in the public interest to enter into an agreement with PALM to promote and produce events at the Tennis Center. WHEREAS. the CITY entered into an a_m'eement with PALM on December 14. 1994: and WHEREAS. the CITY and PALM desire to enter into this substitute a_m'eement to clarify the rights and obligations of the parties. NOW, THEREFORE, it is mutually agreed as follows: 1. Incorporation of Whereas Clauses. That the provisions set forth and the clauses set forth above and commonly referred to as "WHEREAS" clauses are hereby in- corporated into the body of this agreement and shall have full force and effect herein. For the purpose of this Agreement, the term "Event" shall mean each and every performance, or group of performances at the Stadium which requires a separate admission fee or, for non-charged admissions, or each separate attraction for which persons are invited to the Stadium. 2. Purpose. The parties agree that PALM shall promote and produce the entertainment in a manner which complies with contemporary community standards and appeals to the interest of the general public for the Stadium and to use its best efforts to promote the Events at the Tennis Center. PALM, at its sole cost and expense, shall provide management and personnel experienced in the promotion and production for the purpose of supervising and directing PALM'S obligations under this Agreement. PALM agrees to use its best efforts to work with local charities to hold fund-raising events in association with PALM'S events. 3. Exclusivity_. PALM shall have exclusive authority, subject only to the provisions and limitations set forth in this Agreement, to negotiate all contracts or agreements, including, but nOt limited to, the contracts and agreements with suppliers, exhibitors, performers, concessionaires, advertisers, television and radio media and other media, sponsors and other parties relating to the Event. PALM retains the right to sell and locate advertising within the Tennis Stadium for each Event, subject to approval by CITY or its designee, which approval shall not be unreasonably withheld. All contracts and agreements of any kind or nature whatsoever shall be negotiated and executed by PALM in its name and shall not be contracts and obligations of CITY~r..iI~lf,,~,i~. All contracts or agreements of any kind or nature entered into by PALM shall specifically contain language which provides that CITY, or its designee is not a party to such agreement and is not obligated in any manner by any of the terms therein. 4. Independent Contractor. It is understood between the parties that the relationship of CITY and PALM is that of an independent contractor. PALM shall have no authority to employ any person as an employee or agent on behalf of the CITY for any purpose. Neither PALM nor any person engaging in any work relating to PALM'S rights and -2- obligations set forth herein at the request of or with the consent (whether actual or implied) of PALM shall be deemed an employee or agent of CITY, nor shall any such person represent himself to others as an employee or agent of CITY. Should any person indicate to PALM or any employee or agent of PALM, by written or oral communication to PALM, that the person believes PALM or an employee or agent of PALM to be an employee or agent of CITY, PALM shall use its best efforts to correct or cause its employee or agent to correct that belief. 5. Compliance with Licensing Requirements. PALM, prior to commencement of any activities pursuant to the provisions of this agreement, shall comply with all applicable federal, state, county, or city licensing requirements and receive all necessary permissions, permits, approvals and licenses which are required to perform the activities of producer and promoter as set forth herein. 6. Term and Renewal. This Agreement shall be for a period of five (5) years and shall become effective upon the proper approval of both parties. So long as the City. reasonably determines that PALM has performed satisfactorily under this Agreement, at the conclusion of the five year term, CITY shall have in its sole discretion the option to amend and renew this Agreement for m,,oth~ an additional five year period. At the conclusion of the initial five year term, if the Ci_ty reasonably determines that PALM has performed in a satisfactory manner, and in the event the CITY r-eeei-ves decides that it is in its be~t interest to accept another offer with respect to the obligations performed by PALM, CITY shall grant PALM the ability to submit a proposal to match the offer. CITY shall accept PALM'S offer if it is equal to or better than the other party's offer. This right applies only to the second five year term. 7. Events. ~ PALM agrees to hold no less than four (4) and no more than a l[otal of twenty_ (20~. _ ¢'.'gkt r~w~ Events at the Stadium :f-c~,ds-Gem~ during each year of this Agreement unless prior apProval from the CITY is obtained, pALM shall not be permitted to hold more than ten (10) Events on weekerlds, i.e. Friday evening through Sunday evening, and pALM shall not be permitted to hold more than ten (10) Events that take place during -3- eekd ~" pALM h 11 be permitted one event during the Delray Affair each time the Delray Affair occurs during the duration of this A_m'eement. The event must be approved by the CITy, or its designee. Prior to scheduling Events at the Stadium, PALM shall obtain approval from the City or its d.c. aiga~ Ccm:n!g:icn for the proposed Event. For purposes of determining the required minimum and allowable maximum number of events pursuant to this Para~aph 7. a new year shall commence upon the signing of this Amendment and subsequent one year periods, for purposes of this Para_m'aph 7. shall be determined based upon the anniversary_ dates of the execution of this Amendment. r, .... ,,~+:~_~ ,... +,.~ _~.w .... .~r r,,mv, ~. ............... ; .... v .......... , ...... a cancellation minimum requ:'red Event~. Failure to hold at least four Events per year shall be grounds for (he CITY to terminate the Agreement subject to the CITY giving PALM 30 days written notice, r~.~w e h~,~ .....~'~ ag . ~.~.,~ '~ · ~'~ pe.-'fcrm.~ ............. ., ....... - ~- .- - e, .......... , 8. Other Agreements. The parties hereto, their successor and assigns agree to negotiate in good faith in order to have a cooperative effort in scheduling events to meet the needs of the parties. PALM acknowledges that CITY has obligations with Liddun International and Kingdom, Inc. (collectively referred to as "Liddun") and with Palm Beach County and the Palm Beach County Sports Commission (collectively referred to as "County") for use of the Stadium. The CITY'S obligations to provide use of the Stadium to PALM is subordinate to the CITY'S obligations under the agreements with Liddun and County. CITY agrees not to enter into any other agreements with any promoter for non-sport events. 9. Event Scheduling. The scheduling of PALM'S events shall be subject to the availability_ of the Stadium. subject to the restrictions contained in the Liddun and the County Agreements. and subject to Paragraph 8 herein. At each meeting in which PALM proposes -4- an event. PALM shall present possible alternate dates, if possible, which may be used in the event the Stadium is unavailable. No later than 3 days after each meeting, the CITY or its designee shall inform PALM of the approval or denial of an event. The parties agree to meet as soon as possible following the action of the CITY or its designee in order to mschedule and/or ret>lace events which were cancelled. first week of Jmn'~D', .... , 10. Compliance with Laws. PALM agrees to comply M~ ~1 applicable federal, state, co~ty, ~d local laws ~d regulations reg~ding non-discrimination ~d specifically agrees not to discriminate ag~nst ~y person on ~e basis of color, race, religion, age, creed, sex, nation~ origin or disabili~. 11. Concessions. P~M may sell food, beverages, co~ections, re~es~ents ~d novelties or may, subject to approval by CITY, or its designee, con~act wi~ another to provide such se~ice. PALM shall provide a ticket redemption system for all food ~d -5- beverage concessions. With prior approval from the CITY, ~ PALM may provide temporary structures at its own expense, for the sale of concession items. In providing the concession service, PALM or any person, finn, or corporation with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply with the following provisions provided, however, that PALM shall remain ultimately responsible to CITY for all obligations required of the concessionaire: a. Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. c. Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the CITY or its designee shall cause undue litter. d. Concessionaire shall have the option to sell beer and wine at the Tennis Center. Sale of beer and wine must comply with all federal, state, county, and municipal laws, ordinances and regulations and must be properly licensed by the State of Florida. Additionally, the CITY. or its designee, shall have the authori~ to prohibit or limit the sale of alcoholic beverages at or during an Event. if in the CITY'S discretion, it determin¢~ that th~ sale of. or continued sale of alcholic beverages poses a risk to the oublic or to the facility. e. Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to CITY ~ for approval prior -6- to installation of any items. For the purpose of this Agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. f. The Concessionaire shall provide all maintenance, repair and service required on all equipment used in connection with e~ the concession. g. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by CITY ~r.J.~_d.~gll~. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. h. Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. i. If the concession is operated by a person, firm or corporation other than PALM, such person, firm, or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be cancelled or amended without at least ten (10) days written notice to the Risk Manager of CITY and shall name CITY, or its designee, its officers, agents and employees as additional insureds. 12. Utilities and Clean-Up. PALM CITY shall pay for provide utilities for properly scheduled Events at the Tennis Center. PALM CITY shall also provide for -7- maintenance and cleanupv..v.~":~ *"~v ~.,~-~ upon completion of any. events. The CITY. or its designee, shall have prior approval of maintenance/cleanup providers, The cleaning shall not interfere with the load in, load out, or mn of any Event. For multi-night Events, cleaning shall occur daily at a mutually convenient time between CITY and/or its designee and PALM so as to not to interfere with the Event. 13. Event Personnel and Equipment. PALM shall provide all personnel needed for the Event, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. PALM shall be responsible for the installation or removal of any additional staging. All sound or lighting which is to be utilized for the Event or any other equipment of any type or nature which is needed for the Event is PALM'S sole responsibility. PALM shall designate an event coordinator in a timely manner who will coordinate events with the CITY. 14. Poliee and Emergency Personnel. PALM agrees to make arrangements with the City Police Department to provide for CITY police personnel which the CITY determines, in its sole discretion, is necessary for the Event. The officers shall be paid at the prevailing off- duty detail hourly rate in effect at the time of the event. PALM shall, at least thirty (30) days prior to an Event, consult with the Chief of Police or his designee to determine the proper scheduling of security for each Event. Also, PALM shall contact the City Fire Department to make arrangements for Emergency Medical Technician personnel to be present at the Events at PALM'S expense. 15. City's Right to Control Premises. CITY~ at all times reserves the right to eject or caused to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither CITY, or its designee, nor of any its officers, agents or employees shall be liable in any manner to PALM or its officers, agents or employees for any damages which may be sustained by PALM through the exercise of this right by CITY or -8- 16. Insurance. PALM shall obtain insurance of the type, nature, and amount and pursuant to the terms which are set forth on Exhibit "A" which is attached hereto and in- corporated herein by reference. The CITY. and its designee, shall be named as an additional insured on all insurance certificates for PALM'S events. 17. Use of the Facilities. In the exercise of the rights and privileges herein granted, PALM shall be entitled to the use of the Tennis Stadium during the term of this Agreement for the following purposes: a. to utilize the Stadium, ~v;~,;~_ c.~:,:,;~ ~,~.~ ^~ said premises, including restrooms, seating, lighting and other facilities and equipment provided by CITY; b. to install and utilize such sound and lighting systems as it shall deem necessary for its show and performances; c. to film, video tape, record or authorize others to film, video tape, or record any show or performance presented by it or with its permission and to install equipment necessary for such purposes, e~..~......_ .. ........... PAL?- ~ pe..m.i~ing .... ~' .... :~ o ~, ~s ~u~,, ;~,..az :"~h revenue: :~ grcas d. to vend or authorize the vending of programs, posters, souvenirs, during and after its events or performances; e. PAL~s. ~..~..~' ...~:~'-'~ ........... .~.~...~ .~;' ....~.-. ~: 18. Conclusion of Performance. All performances shall end no later than 12:00 a,m. I I :~0 P.M. unless otherwise approved by the CITY. ~ 19. City's Rights and Responsibilities. CITY shall have absolute and full control of the building and all its appurtenances during the term of this Agreement and may make such changes and alterations therein, and in the grounds surrounding same, as may be -9- determined by CITY. CITY. or its designee shall provide PALM with reasonable notice prior to CITY making any change 6r alteration in the Tennis Center, its building and appurtenances, and CITY ~ shall consult with PALM in connection with the timing of such change and alterations provided, however, that the final decision as to timing shall be in the sole discretion of CITY. CITY shall have the right during the term of this Agreement after notice and consultation is provided above to make changes, alterations and improvements in the premises, and to the buildings and facilities located thereon, as it may determine. 20. Par_!r~. The CITY shall make available parking spaces on CITY owned or controlled property for each such event based on PALM'S estimated requirements and the available number of CITY owned or controlled parking spaces. ~ PALM shall be responsible for obtaining all additional parking that may be necessary to provide sufficient parking for an event. The CITY shall provide ~ signage to direct the general pubIic to the Event. The CITY may require PALM to make arrangements for such additional parking as may be necessary in the opinion of the CITY, in order to ensure adequate parking is provided for an event. Revenues and fees fi.om parking on private property will be governed by the terms of agreements.with private property owners. 21. Right to Enter. CITY. its designee, and authorized agents and employees shall have the right to enter upon thc subject premises at any and all reasonable times for the purpose of inspection and observation of PALM'S operation to assure that requirements of this Agreement are upheld and that no violations of the rules, statutes, ordinances or regulations have occurred or are occurring. During these inspections, CITY shall, without disrupting thc Event, have the right to utilize photographic devices and any other instruments for recording conditions and Events taking place upon the subject premises. Said inspections may be made by persons identified to PALM as CITY employees or its -10- designee authorized for such inspection or may be made by independent contractors engaged by CITY. 22. Sublicense and Assignment. PALM shall not sublicense the subject premises or any part thereof or allow the same to be used or occupied by any person or for any other use than that herein specified, nor assign said Agreement nor transfer, assign or in any manner convey any of the rights or privileges herein granted without the written consent of CITY. Neither this Agreement nor the rights herein granted shall be assignable or transferable by any process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy either voluntary or involuntary or receivership proceedings. 23. Alterations. PALM shall not make any permanent alterations, additions or improvements to the Tennis Center or any part thereof without the prior approval of CITY. 24. Requested Facilities. PALM shall provide the CITY 9.r. Jla_lt.~J.gll~ with a list of CITY facilities needed for each event at the time the event schedule is determined. 25. Bond Limitations. It is recognized by PALM that the Tennis Stadium has been financed with proceeds of tax exempt debt and may be refinanced from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities, such as the Tennis Stadium, in order to maintain the tax exempt status of debt issued to finance the same. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall automatically terminate, without any required notice by the CITY, if any payment required to be made under this Agreement to the CITY would, together with any other payments made or required to be made by any entity or person for the use of the Tennis Center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes of interest on any obligation (herein "Negative Tax Consequences") of the CITY issued to finance or refinance the Tennis Center or any part thereof. Such a termination shall not constitute a default on the part of either party to this Agreement. Upon such termination, it is the intention of the parties hereto to enter into a new agreement which would contain different or modified payment terms acceptable to both of the -11- parties hereto and which in the opinion of the CITY'S Bond Counsel would not have Negative Tax Consequences. 26 ~ CITY shall provide a 40' x 40' stage. , ~ :"..~+~-~ :- rt_,.;r.:+ .o,, 11':+~ a Ol1:+fl~1 ...... ~' + .... *"* '~ '~''*' ..... A!ZC', PALM shall install and remove the stage provided by the CITY. The cost to install and remove the stage shall be shared equally. The total cost of installation and removal must be approved in advance by the ~ designee. If the CITY and PALM cannot agree on the cost in advance, the CITY reserv~,s the right to install and remove the stage with its own forces with PALM and th~ CITY sharing equally in the cost of installation and removal. PALM shall provide, install, and remove any covering necessary_ to protect its equipment and performers at PALM'S cost. Aa covering shall be provided bY the CITY for the tennis court to insure against damage to the surface. The CITY shall install, maintain, and remove the coverine. PALM shall .net be liable for damage to the court if such court covering is in place and if the court is damaged by persons or events that PALM has a duty_ to control. PALM will have access to the existing public address system for use during the Event. r,~-vv~.., o..~.~" ~'~,~ ........ .~ovv..o.~.~;~ ~.c^- .~.~,.~, o~,-~* up and 27. Seating Available. The total seating capacity of the Stadimn will be at least eight thousand (8,000) seats prior to installation of the stage. 28. Notice of Defects. PALM shall report safety deficiencies or any defects it notices on the premises immediately to CITY'-& or its designee, P3z~A Managzr and CITY'S P~Icz and P, ecreatic, n Directc, r and shall cooperate fully with CITY. or its designee, in the investigation of accidents incurring on the subject premises. 29. Failure to Remedy. If PALM shall fail, neglect or refuse within fifteen (15) days after receiving notice thereof fi.om CITY to conform to the following: any direction or instruction that may be properly given by CITY. or its designee, or to any applicable law, ordinance or regulation of the city, county, state, or federal government, or shall fail, neglect or refuse to pay any amount due hereunder within forty-five (45) days after the same shall become due or shall default in the performance of any of the material terms or provisions herein required, it shall then be lawful for CITY, at its option, to declare this Agreement terminated and null and void and CITY may thereupon obtain a judicial determination to this effect. ~L_02-9. Indemnification.~ PALM does hereby release and agree to indemnify, defend and save harmless CITY. its officers, agents or employees, from and against all claims, actions, causes of action, demand, judgments, costs, expenses, and all damages of every kind in nature incurred by or on behalf of any corporation o~, person or governmental authority.. whatsoever predicated upon injury or death of any person or loss over damaged property of whatever ownership or copyright infringement arising out of or connected with PALM'S operation pursuant to the terms of this agreement, whether or not the incident giving rise to the injury, death, loss or damage occurs within or without the premises. 31. Tastes. PALM shall pay any and all taxes assessed on the property by reason of PALM'S use thereof pursuant to the provisions of this Agreement and on any personal property and improvements belonging to PALM located on the premises and all applicable sales and other taxes which may be levied against its operation. 32. Release. PALM acknowledges and agrees that CITY. its officers, agents, and employees assumes no responsibility whatsoever for any property placed in the premises provided for herein and CITY, its officers, agents, and employees are is expressly released and discharged fi.om any and all liability for any loss, injury, damage, theft, vandalism or other wrongful acts or acts of any kind or nature resulting in damage or loss to persons or property which may sustained by PALM'S use of the premises. PALM further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply equipment or wires furnished for the premises or by reason of any loss or impairment of light, current or water supply which may occur fi.om time to time for any cause, or by reason of any loss or damage sustained by PALM resulting from fire, water, hurricane, tornado, civil commotion, riot, theft or other acts of God, and PALM hereby expressly waives -13- all right, claims and demands and forever releases and discharges CITY, its officers and agents from any and all demands, claims, actions and causes of actions arising from any of the causes aforesaid. Additionally, if Concessionaire shall be different from PALM, PALM shall require this waiver in any contract it enters into with such concession. 33. Fees. PALM shall pay to CITY for the rights and privileges granted herein Three Thousand Dollars ($3.000.00) r~_~ m,, ...... ,4 ~':"e u,,.a.~a r~^,n.~ tel ~nn nm for the use ~ of the .Tennis Center for each performance day during an Event,~ .............~. ~...~ .....-.u;~'u ...... ~. ir, ~,.~..~..*~" This payment. _olus tax is due no later than thirty (30) calendar days after an event concludes ...... v ........... cugtc .q 34. Concession Revenue. PALM shall pay to CITY ten (10.0%) percent of g/_~ revenues, less the cost of_eoods sold. --~--~+ v-~---~'~'+ -~-:"~a, ~ by D,~,...~.,.~s from all food and ~ concession tickets sold during an Event. Cost of goods sold shall be deemed actual costs with no mrovision for labor, overhead, oacka~in~ or r>rofit. 35. Advertising Revenue. PALM shall be entitled to retain all advertising and sponsorship revenues generated by advertisers or sponsors of evelltS promoted by PALM at -14- the Stadium. except as may be otherwise be provided in the CITY'S agreements referred to in Paraerat>h 8 i. ~AA;4.;^~ 4-~ ^4.1., ........... *h~ ~n~4-; ....... 4- ...... lhr A;,,;A .......... 36. Failure to Pay. If' PALM neglects to make any payment to CITY within ten (10) days after the day on which the payment is due and owing, PALM shall pay to CITY for such privilege an additional charge of Twenty-Five ($25.00) Dollars per day for each day's delay in payment, retroactive to and beginning with the first day of' the delinquency. CITY'S right to assess the penalties for payment made later than the day upon which such payment is due, shall be in addition to its right to terminate the license in the event payment is due and owing for more than forty-five (45) days. CITY'S right to assess the penalties for payment made later than the day upon which payment is due, shall be in addition to its right to terminate the license in accordance with Paragraph 29. 37. Accounting and Right to Audit. PALM shall provide a complete accounting of all concession ticket revenues {md-fx-pf~ in accordance with generally accepted accounting principals, in conjunction with the event when payment is tendered to the CITY. CITY shall have the right to audit and review PALM'S financial records. 38. Waiver of Breach. Neither the waiver by CITY or its designee of any breach of' the agreement, condition or provision of this Agreement or the failure of' CITY 9r its ~ to seek redress for violation of or to insist upon strict performance of, any agreement, condition or provision, shall be considered m a waiver of' the agreement, condition or provision, or of any subsequent breach of any agreement, condition or provision. No provision of this Agreement may be waived except by written agreement signed bY the CITY 39. Deposit. Upon agreement by the parties, PALM shall deposit with the CITY some form of security acceptable to the CITY to cover the cost of refunding tickets for Events. The security shall be in cash, or a certified or cashier's check payable to CITY, a -15- bond executed by a surety or sureties approved by CITY, naming CITY as principal and CITY as obligee, or other security acceptable to the CITY. The security shall be conditioned upon the faithful performance by PALM of all of the terms of this Agreement and may also be used to refund ticket sales for events which do not occur, and such portion as may be due shall be returned to PALM at the termination of this Agreement so long as PALM was not responsible for damages to the Stadium, ordinary wear and tear excepted. 40. Controlling Law. This Agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. 41. Entire Agreement. This Agreement constitutes the entire agreement between CITY and PALM and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the Agreement with all the same formalities as this Agreement. 42. Strikes and Unavoidable Causes. CITY or its designee shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than CITY), enemy action, civil commotion, fire, unavoidable casualty or similar causes or any other causes beyond the control of CITY ~z_JI~gle,~gg~. The cancellation provisions of Paragraph 7 herein shall also apply in this paragraph. 43. Notice. Any notice or communication under this Agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, thegn by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: CITY: David Harden, City Manager -1t5- City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 PALM: Harold L. Van Amem Chairman of the Board Palm Acts, Inc. 1301 W. Newport Center Drive Deerfield Beach, Florida 33442 Copy to: Drew M. Levitt, Esq. Palm Acts, Inc. 1301 W. Newport Center Drive Deerfield Beach, Florida 33442 Either party may at any time by giving ten (10) days written notice designate any other address or person(s) and substitution of the foregoing address or person(s) to which the notice or commtmication shall be given. 44. Subtitles and Captions. Paragraph headings are for reference purposes only and in the event that such paragraph headings conflict with any of the substantive paragraphs of this Agreement, the paragraph headings shall be disregarded. IN WITNESS WI-IEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form and Legal Sufficiency: City Attorney PALM ACTS, INC. ATTEST: By: Harold L. Van Amem -17- Chief Executive Officer State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this day of , 1996 by HAROLD L. VAN ARNEM, Chief Executive Officer of PALM ENTERTAINMENT CORPORATION. He is personally known to me. NOTARY PUBLIC STATE OF FLORIDA My Commission Expires: palm.agt -18- t // £1TY DF UELRAY BEACH Writer's Direct Line: (407) 243-7091 DE[RAY BFACH Ali. America City MEMORANDUM DATE: July 18, 1996 1993 TO: City Commission David Harden, City Manager Joe Safford, Finance Director FROM: Susan A. Ruby, City Attorney SUBJECT: Police/Firefighter Pension -- Proposed Rules The Division of Retirement (DOR) has published proposed rules that may impact the City's "local law" plan. Specifically, the City's plan provides for a normal retirement of 2.5% of the average monthly earnings for each year of continuous service, with a maximum of 75 % of the average monthly earnings. The maximum amount allowed under the City's plan is based on thirty (30) years of employment. The DOR rules would require payment for all years which would eliminate the 75 % cap in the City's plan. In addition, the City's plan excludes overtime, bonuses and other non-regular payments from the definition of earnings (i.e. compensation). The DOR rules would include overtime, etc. in the definition of compensation. As to disability benefits, the City's definition of disability comports with that proposed by DOR. The proposed rule, however, would prohibit changes to the definition in the future. As indicated in the attached letter from Jim Linn, the League of Cities and other cities are expected to challenge the rule. The deadline to challenge the proposed rule is July 30, 1996. If the City desires to challenge the rule, we must file a challenge by that date. Our office requests that this matter be placed on the City Commission agenda for July 23, 1996 to seek authorization to file a challenge, if it is the desire of the City July 18, 1996 Page 2 Commission. If the City Commission authorizes the challenge, our office requests the appointment of Jim Linn to file the challenge. SAR:ci Attachment pfrules.sar ~'//'~'//"db 12: .35 LEW I S LONGMFIN "~ 40? ;298 4'755 NO. 841 wu;-' TO: Municipal and Fire District Clients FROM: Jim Linn ...~L RE: Police/Firefil~hter Pension Matters - Proposed Rules Published by Division of Retirement DATE: July 17, 1996 The Division of Retirement has published proposed rules which could have a significant impact on police and firefighter pension plans throughout Florida. The proposed rules, which are very similar to the draft rules developed by the Division last month, were published in the July 12, 1996 edition of the Florida Administrative Weekly. A copy of the proposed rules is attached, and a summary of significant provisions is included at the end of this memo. under Florida's Administrative Procedure Aa (Section 120.54(4), Florida Statutes), any substantially affected party may challenge the validity of the proposed rules by filing a petition with the Division of Administrative Hearings (DOAH) within 21 days after the date of publication. The July 12 Administrative Weekly was actually published on July 9. To avoid any potential problem concerning timeliness, petitions challenging the Division of Retirement's proposed rules should be filed on or before July 30. We believe there are strong legal grounds for challenging several provisions of the rules as they apply to local law plans, based on the First District Court's opinion in Leaeue of.Cities v. Dept._of Insurance, 540 So. 2d 850 (Fla. 1st DCA 1989), and on the legislature's subsequent failure to substantially amend Chapters 175 and 185. In the of Cities case, the court held that on ly those statutory provisions which the Legislature made expressly aoolicable to local law plans apply to such plans. The proposed rules would require local law plans to comply with a number of statutory provisions that do not expressly apply to local law plans. 07/17/96 WED 11:33 [TX/RX NO 7043] July 17, 1996 Page -2- The Florida League of Cities, as well as some individual cities, are expected to challenge the proposed rules. All rule challenge petitions will likely be consolidated into one proceeding. A formal administrative hearing will be conducted by a DOAH hearing officer on the rule challenges. The hearing officer's order is final, and may be appealed to the district court of appeal. The proposed rules cannot take effect until all challenges are resolved through the hearing process or by a settlement agreed to by all parties. Those cities and districts that would incur significant increased pension costs as a result of the proposed rules should consider filing or joining in the rule challenge, to ensure their specific issues are addressed. In addition, any affected party may request a public hearing on the proposed rules by sending a written request to Patricia Shoemaker at the Division of Retirement by July 30. The public hearing provides an opportunity to present evidence and argument on the rules. However, the Division is not required to modify the proposed rules based on comments received at the public hearing, and the public hearing has no effect on rule challenges or when the proposed rules take effect. If requested, the public hearing will be held at Division of Retirement offices in Tallahassee on August S. Si~nlficant Provisions of the Proposed Rules: 1. Definition of "Local Law Plan' (&OZ-1.026(4) and 1.2.107(4)- the proposed rules state that local law plans are "subject to the minimum standards established by Chapters 175 and 185." It is unclear whether this is intended to mean local law plans are subject to the minimum standards for chapter plans. 2. Credited Service (&OZ-1.02&(6) and 2.017(6) - defined as all years of service as a firefighter or police officer. This would effectively prohibit any maximum limit on the number of years of credited service a member could earn. 3. Police Compensation (&0Z-1.026(8) - defined as total cash remuneration, including overtime, shift differential, incentive pay, and virtually any other payment for services rendered. The words "at a minimum" were added to the published definition. 4. Minimum Benefit (&OZ-1.027 and 2.018) - 2% per year of service. Offsets for Social Security benefits would be prohibited (this provision was also modified in the published rules). 5. Disability Benefits (60Z-1.028 and 2.019) - the proposed rules require local law plans to incorporate the chapter plan disability standard (i.e., a member will be considered totally and permanently disabled if unable to perform the duties of a police officer or 07/17/96 WED 11:33 [TX/RX NO 7043] july 17, 1996 Pase -3- firefighter), as well as the presumptions for heart disease, hypertension and communicable diseases. Please call me if you would like further information, or if you would like us to take further action on your behalf. Attachment 07/17/96 I~D 11:33 [TX/RX NO 7043] / ~ ~~ W~ 21 DAYS OF T~ D~ OF P~CE: A~e~ f~ Hul~ C~ ~IS ~iC~ A ~G W~ BE ~ AT THE D~ve, B~l~ng 3, fi~t ~ D~ ~ ~CE SHO~ B~OW: T~i~, ~: A~ for H~ C~ A~i~st~. 272~ M~n PRO~S~ ~U~ ~D A~ ~-lb~. II-I~i, I-I-~, F~ I~.0~~ Tali~n~e, ~o~dn 3230[, NAME OF SUPERV~OR OE 5~-1.~0 Ad~ve ~gs. ~E PRO~S~ RULE: ~ C~y~ D~ .~m l.l.~. Am~ ~?e, Fm~y t~-~s. ~ad DEPART~NT OF M~AGEIT ~ Ma~ S, T~, S~M A~, A~cy for ~M~ C~ MunicipM ~ice ~n' ~I A~nia~ 27~ Mi Ofie, ~iI~g 3, Sui~ 3~7, Tm~ Fu~ ~1 T~l~m, ~da 3~. (~)921-~9 RU~ ~: ' R~ NOS.: N~ OF SU~[SOR OR ~ON ~O APPRO~ Cr~i~d Ye~s of Se~e Com~M A~ for H~ ~ A~on ~fini~ ~1.~6 D~E ~O~S~ RU~ A~RO~: Ju~ 26. 1~6 ~nefi~ Disa~li~ ~mont 6~ 1.028 R~ ~ RU~ NO.: ~ pl~ o~nI ir SUGARY: ~ RMe 5~8~, F.A.C. ~le d~hMs ~m~ f~ ~ ~ ~n~u f~ .~ ~qU~ ~ 21 DAYS O~ T~ ~ OF ~W ~F~~: lO.0i, ~.~ ~ ~D DATE: 9:~ ~,, W~n~di~. AuSUS~ t4, 1996 Section H - Prollor~d R, ales 4109 07/17/96 WED 11:33 [TX/RX NO 70431 ~ ~U~ ~N 21 DAYS OF ~ DA~ OF m~c~diw ro a ~licc o~c~ P~: R~m ~0, ~d ~ Co~em~ R~, BuUdlng B, ~ "S~ con~tinn' m~ m ~ ~s~m~ tn " ~m ~udvc C~. 2639 No~ Mon~ S~ mu~ci~iU~ e~iclmfine un~r this ~ ~SON TO BE CO~A~ ~GARD~O T~ ~lle~ wi~in ~ corm limi~ ~O~ED RU~ ~: ~cia P. Sh~m~er, Red--em m~icin~. ~ ~vid~ in ~don I~.~_ ~ ~LL ~ OF ~ PRO~ED RU~ ~: fl1 U~ ~er ~d I~M ~l.~C~d Y~ ofS~ce C~. ~~n mdmment ~t ~ at ~t.2 ~ f~ ~h y~ or r~do~ Ye~. ~ c~ s~e mul6n~ ~-1.~ No D~6~ Afar No~nl R,~ent Dna. con~s ~iv~ ~nu~t m ~ ~et ~ in~ua~ ~ ~, to m~t ~ 2 ~g ~nlmum s~E~ A~ty IU~] ~. ~ I~m~ t[S.~7) ~. His~ ~e~t rmuirmenC in which in sm[e con~bu~9~ ~ci~d ~d~ I11 '~jvision'. m~nt ~ DJ~sJ~ of ~ll, ~6~eflt bfiU under a chno~r ~. I~a] !~ pin. ~ '~r"_ ~ '~.flr~, 185"_ mf~ m ~a~ 185. (31 ~ ~r ~ ~r ~d ~ ~ ~n~ ~1 ~! ~er pine' ~ n ~e~ nl~ ~n~ ,,,~, ~de~ laws ~lm~ to ~e di~ami~d~. No ~a~r I B5_ ~ ~ ~isi~f of ~a~r 195 a~ to n ~ Ol~ shll ~YMe for ~~ ~d~ent ~M ~ of ~ l=~lnn~ or by m,mlr;~l ~inn~. Wirh ~ ~ s~ c~bEs~ bY ~-~r 185 ~c~ M ~c~a~e wi~ S~fi~ 185.1L ~a~r 185 ~ s~ym~ M~t. -' paint o( ~hli~ ~Mfi~ to ~i~ ~cJoadnf u~et ~s chaD~_ ~d ~l incJoa, ~ e~ M t~ ~o~ t~ dudee ~. ~ ~nal ~ of s~c~ h ~ mili~ s~e flf ~r emolovment wi~ c~o~ ~u~ is av~nMe ~ Uni~ Stuff A~ ~ or Me.hint M~ u~t ~ ~c~ ~ed ~ M~ a ~r or Imnl hw M~ ~es, ~nl ~in ~m~icnMe fli~nq~ ~ 'Cm~m6ofl". ~r chL~ lJ~! ~d l~j ~ I~ lA 1~ 34. lis 3~{l) ~. ~~ , m~ns. M n ~nimm. ~e t~t ~Mh ~wm~on ~d bY 41 ! 0 SectioD H - Proposed Rulcs 07/17/96 WED 11:33 [TX/RX NO 7043] / NAME OF PERSON OKIG]:NATUdG I~ROPO$:ED R~ ~) Ch~mr o]~" ~Ds f ~h~n F. Sh~m~c ~ent Ad~nis~, M~i~pel ~lcr l?5.-wim ~ ~v~slons of C~ ! B~u of ~ R~t Sys. m4, ~vision of ~fi~cnt ~ m~ic~ ~inn~ o[ D~O~RU~A~OV~:Julyl, 19~ ~s. ~i~s. and ~fi~. RU~ ~~ ~: RU~ C~ NO.: ~6} ~[ed ~ ~di~ ~" for ~r ~d R~ ~-q? 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M~dtS~. c~fln of ~ 5 ~ p~g ~r ~ 175, R~i~ S~m~. 2.018, ~s ~n ~ ~c~a~g u~r ~ 175, M~da pl~_ ~ ~d in ~ ~ "ave~,~nd ~~". 5~C A~~Y: 175.341 ~. ~ s~ ~ifi~. 175,121,175.1~. 175.191,175,~!, 17~,333, !~5,351 ~, muScOVites and s~i~ fi~ ~ ~ ~cim6nf ~~ D~: I~ tm,, Au~sl S, 1~6 ~ ~l ~st6cC u ~vi~ ~ ~ ~, 2639 N~ Mon~ S~L Ad~~, ~ce ~ ~ P~ion ~fld O~+ ~visi~ of ~ ~ ~m~ mm ~~ E O, Box 3010, T~I~u~c, ~o6~ 32315-MJO, y~. ~ ~ ~r_ of ~l~: (~)~67 ~h~'s n~ ~ ~ ~ ~T OF ~ PRO~5~ RU~S IS: ~i~ ~n~ eu~nt s~m ~fi~ ~ ~a~ to [1} '~sinn~ m~M ~ ivisJ~ f~mmenr Sec~on 13 - Ptotxned Rnles 4111 07/17/96 WED 11:33 [TX/RX NO 7043] ~J A s~;nm ~ off~sh~ ~ ~ appfied to ~flsion for Se~ces, Applic~on ~ fl~dis~mi~w ~ in com~ia~e wi~ ~ stoic and ~8ble time h~ for mci~Du of mH~oo ~d no Io~~ ~ duties ~ a fl~fif~r. ~en if N{ OF P~N O~OO ~O~ED RU~: NOTJ~ OF ~~W~ arum of ~d b~unf 3~s. Di~s~n of R~r~eat ~5.~ V~I ~ ~M~ for Notices of ~ges, Co~ecfio~ ~d ~aw~s NO~ OF ~~w~ !~1 .~ ~ for C~~n ~ p~n~d ~ 8 i~r d~. ~B~ A~DA ON ~LY ~3. 1~6 41 t2 Secdou I]] -Nodces of Clt~nB~s, Corrections and W~thdraw~ls 07/17/96 WED 11:33 [TX/RX NO 7043] MEMORANDUM TO: MAYOR AND CITY C(I~MISSI~ APPOINTMENT TO THE EDUCATION BOARD DATE: JULY 17, 1996 As of July 31, 1996, three regular member terms on the Education Board will expire. At the July 9th regular meeting, Rebecca Jennings and Denise May were reappointed, leaving a vacancy for a regular member. Mayor Alperin requested that this appointment be postponed to the July 23rd regular meeting. The term is for two (2) years, beginning August 1, 1996, and ending July 31, 1998. Members of the Education Board must either be residents of the city, or have a child attending Delray Beach public schools, or own property and/or own or operate a business within the city. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have sutanitted applications: Anne R. Ford Claire Friedman W. Robert Reardon H. Paul Sayrs Marilyn Schneider Sylvia Wolf A check for code violations and/or municipal liens was conducted. None were found. The appointment will be made by Mayor Alperin (Seat #5), b~ving been postponed from the July 9th meeting. Recommend appointment of a regular member to the Education Board for a two year term ending July 31, 1998. ref: agmemo5 [ITY I]F DELIlI:IY CITY ATTORNEY'S OFFi ' :,444 ~ i~?!i ! ,:': ,-'!:., Writer's Direct Line: (407) 243-7091 p ELL roaY. B,ea.c H~ ~ ]V[EMO~~ AII.Ame~ica City ,Jlll~/ DATE: July 19, 1996 TO: City Commission 1 993 FROM: Susan A. Ruby, City Attorney SUBJECT: Second Amendment to Interlocal Agreemexlt Attached for your approval is the Second Amendment to the Interlocal Agreement between the County and the City and the CRA governing the Courthouse project. The CRA has already approved the second amendment. The second amended agreement provides as follows: 1. The CRA does not have to convey Parcel 3 under the agreement, as was provided in the previous agreement. 2. Parcel 1 and 2 need not be conveyed to the County unless the County notifies the CRA of the need for the property by December 31, 2000. 3. If Parcel 2 is required by the date setforth above, the CRA will provide a pedestrian walk connecting Parcel 2 with S.W. 2nd Avenue. 4. The upgrades for parking on the existing site will be made at the time another structure is built. All approvals will be based on existing codes. The interim upgrade to the parking will occur by December 31, 1997 pursuant to the attached plan, if acceptable to the CRA and the City. By copy of this memorandum to David Harden, City Manager, please place this Agreemem on the July 23, 1996 City Commission agenda for approval. Attachment cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Chris Brown, Director, CRA Robert Federspiel, Esq. cthse.sar SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY This Second Amendment to that certain Interlocal Agreement dated August 12, 1986, as amended by the First Amendment dated August 17, 1993, is made and entered into between Palm Beach County, hereinafter called "County", a political subdivision of the State of Florida, and the City of Delray Beach, hereinafter referred to as "City", a municipal corporation existing under the laws of the State of Florida, and the Delray Beach Community Redevelopment Agency, hereinafter referred to as "Agency", an agency established pursuant to Florida Statute Section 163 Part III. W I TN E S S E TH: WHEREAS, the City, Agency and County entered into an Interlocal Agreement on the 12th day of August, 1986~ and WHEREAS, the said Interlocal Agreement was amended by a First Amendment thereto dated August 17, 1993; and WHEREAS, pursuant to said Interlocal Agreement the County constructed a courthouse and other governmental facilities~ and WHEREAS, it is the County's intent to expand the above described South County Courthouse's facilities and services which will require the occupation and improvement of additional property as depicted on the sketch attached hereto as Exhibit "A"~ and WHEREAS, the Agency has heretofore acquired title to that real property described as Parcel 2 and Parcel 3 on Exhibit "A"~ and WHEREAS, the needs of the County and the Agency have changed since the Interlocal Agreement was amended; and WHEREAS, the County and the Agency wish to amend the Interlocal further to reflect the current needs and long-term plans of both parties. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree that the Interlocal Agreement is amended in its entirety to read as follows: 1. (A). The Agency agrees to acquire and subsequently C~\doc~\cl~e.ts\cra\courthouse.agr 5-21-96 convey to the County, at no cost to the County, the property described as Parcel 1 on Exhibit "A", upon having received one (1) year advanced written notice from the County requesting such conveyance. The parties hereby agree that the County shall not provide written notice to the Agency prior to January 1, 2000 for the conveyance to the County for Parcel 1 and in the event such written request shall not have been delivered by December 31, 2000, the Agency shall be under no further obligation to acquire Parcel 1 or to convey Parcel 1 respectively to the County. In the event such request shall be delivered by the County to the Agency, the Agency shall convey to the County such property by Warranty Deed free and clear of all liens and encumbrances whatsoever with the exception of those which have been approved in advance by the County. The Agency shall supply the County at Agency's expense, at the time County takes possession of the property, with a marketable title policy insuring the County's interest in the property in an amount equal to the assessed value or the Agency's acquisition cost of such Parcel whichever is greater. (B). The Agency agrees to acquire and subsequently convey to the County, at no cost to the County, the property described as Parcel 2 on Exhibit "A", upon having received one (1) year advanced written notice from the County requesting such conveyance. The parties hereby agree that the County shall provide written notice at any time to the Agency prior to December 31, 2000, for the conveyance to the County for Parcel 2 and in the event such written request shall not have been delivered by December 31, 2000, the Agency shall be under no further obligation to acquire Parcel 2 or to convey Parcel 2 respectively to the County. In the event such request shall be delivered by the County to the Agency, the Agency shall convey to the County such property by Warranty Deed free and clear of all liens and encumbrances whatsoever with the exception of those which have been approved in advance by the County. The Agency shall supply the County at Agency's expense, at the time County takes possession of C~\do¢$\clients\cra\courthouse.agr 5-n-96 2 the property, with a marketable title policy insuring the County's interest in the property in an amount equal to the assessed value or the Agency's acquisition cost of such Parcel whichever is greater. (C). Upon the CRA's conveyance of Parcel 2 to the County pursuant to written request under this Agreement, the CRA agrees to provide at the CRA's expense, a pedestrian accessible, lighted sixteen foot (16') in width walkway along the alley lying immediately to the south of Parcel 3, connecting Parcel 2 with S.W. 2nd Avenue, together with such required crosswalk improvements as shall be required by the City of Delray Beach's Land Development Regulations and Code of Ordinances. (D). The Agency is currently obligated to convey Parcel 3 to the County. The County and the City have determined that the County can expand the South County Courthouse facility by an additional 50,000 square feet and provide adequate parking and circulation under the requirements of the Delray Beach Land Development Regulations and Code of Ordinances in force as of this date without utilizing the property in Parcel 3. The County hereby releases the CRA from any obligation to convey Parcel 3 to the County pursuant to this Agreement or any prior version thereof. The City hereby agrees that any Site Plan approvals, building permit applications or other development approvals required on the property on which the South County Courthouse and parking lot is currently constructed and on all property conveyed pursuant to this Interlocal Agreement, as amended, shall be reviewed based upon the Delray Beach Land Development Regulations and Code of Ordinances in existence as of this date. The City further agrees and acknowledges that the County's obligation to upgrade the parking lot on its current South County Courthouse campus to the standards required by the Delray Beach Land Development Regulations and Code Ordinances currently in effect shall not be required until the County shall commence the construction of an additional building or structure on said lands. In the interim, the County shall upgrade the current parking lot in such a manner that, while not meeting C~\docs\clients\cra\courthouse.~gr 5-21-96 3 current codes, is acceptable to the City and the CRA, as evidenced by the plan attached as Exhibit "B" provided; however, the interim upgrade of the parking lot shall occur no later than December 31, 1997. (E). In the event the Agency is dissolved, is deauthorized or ceases to exist for any reason, then, in that event the City shall assume all rights of the Agency and agrees to undertake and fulfill all of Agency's obligations under this Agreement. 2. City agrees to initiate and complete the processing of all necessary changes to the City's Comprehensive Land Use Plan to make these proposed projects consistent and in conformity with the city's code of laws and ordinances. The County shall be required to submit the proposed project for development review pursuant to the City's normal review process. The City agrees to expedite the review of such submittals. 3. The Agency, at its election, may demolish the structures existing on the property described in Parcel 1 and/or Parcel 2, or both as set forth in Exhibit "A" prior to the conveyance of such property to the County. In the event the Agency elects to demolish said structures, the County agrees to reimburse the Agency for the expense thereof, no later than the next fiscal year in which a budget for this reimbursement can be approved, provided the Agency has received the County's written approval of such costs prior to performing such demolition. Reimbursement to the Agency for the demolition costs, by the County, after the Agency presents documentation of actual expenditures in a form acceptable to the County, shall be made no later than sixty (60) days thereafter. 4. The parties hereby agree that in the event the County shall ever elect to dispose of its interest in any of the real property described in Exhibit "A", the Agency shall have a right of first refusal to acquire such real property from the County. Prior to taking any action to dispose of the property, the County shall offer the property to the Agency "as is" at a purchase c~\docs\clie,ts\cra\courthouse.agr 5-21-96 4 price equal to the fair market value of the improvements to the land made by the County (excluding land value). The County shall provide the Agency written notice of its intent to dispose of such real property together with an appraisal as to the said improvements to the lands and the Agency shall have a period of thirty (30) days to exercise its right of first refusal as hereinabove provided by giving the County written notice of such election. Closing shall occur ninety days (90) thereafter. 5. At the time the Agency conveys Parcel 1 and/or Parcel 2, or both, to the County, the Agency shall, simultaneously with the delivery of the Warranty Deed(s), notify the County in writing of the Agency's request that the County construct a multi- level parking garage rather than a surface parking lot on the property being conveyed. Such notice shall contain a description of what type of facility the Agency would like constructed, the number of spaces necessary and the amount of funding available to the Agency. During the ninety (90) days following such request, the County shall meet with the Agency to determine the feasibility of the County constructing a multi-level garage rather than a surface parking lot. At the end of the ninety (90) day period, the County shall notify the Agency of its election. The County shall not be obligated to build the facility requested by the Agency. 6. The City represents and confirms that water, sewer and storm drainage facilities are available at the street, contiguous to the properties, and there is adequate capacity to service one hundred fifty thousand (150,000) square feet of the courthouse and/or other governmental facilities at no cost to County. When utilities are available and present at the site, County agrees to pay all standard user charges pursuant to the City policy. 7. The parking lot constructed by the County may be available for after normal business hour use to the City and/or the Agency for special events pursuant to Real Property Temporary Use Agreements to be entered into between the County and the Agency administratively on the form attached as Exhibit "C". The County C,\docs\clients\cra\courthouse.agr 5-~-9~ 5 agrees to not unreasonably withhold its consent for the City and/or the Agency's utilization of said parking. 8. (A). The City represents and confirms that there currently exist, or provisions have been made at no cost to County, for all necessary signalization on Atlantic Avenue (i)at the western property line of the Courthouse project, (ii)at the intersection of the shared access driveway and Atlantic Avenue; and, (iii)for all necessary stacking and deceleration lanes and other roadway modifications to accommodate traffic associated with the development of the ten acre site in conjunction with the new public safety building. (B). The City acknowledges that adequate lighting of the ten acre facility is necessary to enhance the safety and security of individuals utilizing the site. The City agrees to allow lighting adequate for the purposes of the site, provided that such lighting shall comply with City Codes and Land Development Regulations. 9. The City agrees to initiate and process the abandonment of Southwest Second Avenue between Atlantic Avenue and First Street contiguous to any property actually conveyed by the Agency to the County pursuant to this Agreement; and any other abandonments requested by the County for alleyways or rights-of-way contained within the property to be conveyed to the County pursuant to Paragraph 1 of this Agreement. Said rights-of-way shall be conveyed to Palm Beach County as part of any conveyance of contiguous property or at such time as the County reasonably requests the abandonment. Such abandonment shall exclude such underground utility easements as the City shall require for existing underground utilities, provided however, that in the event the City receives notice from the County that the County intends to construct a structure(s) on such abandoned right-of-way where underground utilities exist, the City shall at its sole cost and expense remove and abandon said underground utilities within six (6) months after having received written notice as above described from the County. The City shall provide County with a marketable C:\docs\clients\cra\courthouse.agr s-n-96 6 title insurance policy in an amount equal to the fair market value of the property subject to the abandonment at the time the abandonment is completed. The City shall bear the full cost of processing all such abandonments. 10. The City and County have heretofore provided each other, at no cost, with the necessary easements to allow for joint access to the site to be shared by traffic generated by the courthouse project and the City's new public safety building. 11. If in the sound discretion of the Chief Judge of the Fifteenth Judicial Circuit, there is an apprehension of inadequate facility security at the site, then upon written request of the Chief Judge, the City agrees to assign one full-time police officer to the security of the site and immediate surrounding areas, full time, extending from one hour before and continuing until one hour after the normal operating hours of the facility, at no cost to County. This security will continue to be provided by the City until such time that the Chief Judge is satisfied from statistics or any other circumstances that the site is adequately secure without the specific assignment of such a patrol officer by the City. 12. For the purpose of this Agreement, notices provided for herein shall be deemed sufficient when addressed to the following addresses and deposited in the United States Mail: a. Palm Beach County Office of the County Administrator 301 North Olive Avenue, Suite 1101 West Palm Beach, FL 33401 WITH A COPY TOt Palm Beach County Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 b. City of Delray Beach Office of the City Manager 100 N.W. First Avenue Delray Beach, FL 33444 c. Office of the Executive Director Delray Beach Community Redevelopment Agency 24 North Swinton Avenue Delray Beach, FL 33444 C,\docs\¢lients\era\courthouse.agr 5-21-96 7 WITH A COPY TO: Robert W. Federspiel, Esq. 501 East Atlantic Avenue Delray Beach, FL 33483 This Agreement shall be null and void if not signed by all parties by , 19 Date Chair, Ken Foster Palm Beach County Date Dorothy H. Wilken, Clerk Palm Beach County Date CITY OF DELRAY BEACH BY MAYOR ATTEST: CITY CLERK CITY OF DELRAY BEACH Date Witness John Weaver Community Redevelopment Agency APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney C,\docs\clients\cra\courthouse.agr s-n-96 8 ATLANTIC AVENUE S W. 1 ST STREET LE61rN~ i -EXHIBIT A- a pol~t~c~ s~bd:Lv~s~on o~ the St&~e o£ F],orf. d& (L~oenoee) ~L~S T.TCB~GB AGP.~8~HT, made ~nd entered ~o ~s day o~ , ~99 , b~ and bo~veen P~ ~. Co~ty iS ~e o~er of ca. Bin real p~pe~y in Palm ~a~ ~ty, Florida. as Gaid prope~y is l~a~ly descried ~n ~lt ua" a~ed hereto and by roferenc~ made a pa~ hereof C2he "~pe~"): and ~~. Licensee dee~ree to USe a for ~, county ~G willing ~o ~an~ lio~e ~o use said ~ope~y ~or ~e p~oses here~lft~ def~. ~W ~PQ~ ~ ~ oonsideratLon of ~e c~e~ts and ~eemen~s here~af~ se~ ~or~ on the pa~ of ~o ~c~see to be o~se~ed and parroted. ~e Catty hereby g~ts r~voc~le 1ice.s ~o use the Premises as h~einefter deled upon ~ foll~ng te~ and co.dj=ions; ~TXC~ X ~e praises whi~ ~e t~e s~ject o~ ~is A~e~en~ aons~st o~ approx~tely __ acre~ of ~e Prope~y loca~ .. as aleph--(ced mn ~he Site Pla~ attached herato as Exhibit "B" (the "Prem4ses"). 8ec~o~ 1.0~ Length of Te~ ~d 0o~en~en~ D~te. ~e ~e~ o~ this A~e~en~ shall be for a per~o~ o~ (__) days c~enc~ng on ~e da~ o~ ~, 199 "Co~ence~en~ Date") and e~ir~ng on , 199_ (~e "~o~u], un,ess sooner =e~ina=e~ pursuant uo ~he pr~isions of Agre~en~. L~C~SH F~ He=~on ~.o~ L~cense Pea. L~censee. s~ltaneuu~ wi~h ~ts oxe~t~on of ~is sh~ pay Co~y for ~he use ~d occupan~ of ~e ~ses ~o= T~ 0E ~s A~ro~en~ a L~c~se Fee off ~llars ($ ), C~e2her v~h applicable ssles taxes ~eceon. go=t~on 8.02 Oe~L~ ~c~ee, s~ul~neo~ly vi~ its ~ecut~on of ~is ~e~en~ sh~l deposi~ w~ ~e co~y ~e s~ of Dollar~ (5 ,) aa sanity ("~ecu=ity ~posi~") for ~e fai~ul perforce ~d obee~anc~ by Licensee of ~8 te~, conditions, covenants ~d provisions of =his A~e~ent, ~clu~ing without l~ta~ion the surr~er of possession of ~e Pr~ses ~o Co~y p~an= to Se~ion 3.05 of ~his Ag~emen=. The ~e~ri=~ De. lit may be c~ingle~ with o~er f~ds o~ ~e Co~=~, ~d cowry shall have no li~ility for the actual or pa~= ot ~ ~erest 1 ~hereon. In =he event of the failure of Licensee to keep and option, ~y a~rop~a~e and apply ma~d Sec~y ~epo~, or so ell loss or dm~e nusta~ed or suffered by County duo to such defau~ or ~ailure on ~e pa~ o~ ~c~see. should an~ po~on ~e SeQ~y nepoe~ be so appropriated ~d appl~ by Co~y, ~h~ L[c~see s~ll, upon ~e d~d cf CO~, ~O~Vi~ re~t Co~y a sur~c~en~ ano~ ~n cash ~o ~es~o~e ma~ Be~ Depo~ ~o ~e or~q~al s~ de~s~, and L~censee*s fa~u~ to do so ~n ~en~y-Eo~ (~4) hours a~her receipt or such d~d sha~l co~tu~e a de,sulk o~ ~s Agre~ent. Should Licensee w[~ all o~ ~e te~, covenants and conditions of ~s ~e said SalAry oepos~ shall be red,ned ~ ~ull ~o Licensee within one (X) mo~ a~er ~he end o~ ~is Agz~. ~TZ~ ZZZ Seet~o~ 3.0~ Uae o~ ~r~oes ud b~s o~ 0p~on. . 2censee shall not use, pe~t su~er ~a ~m o~ the ~ises ~or any o~mr b~tness o~ p~oso vha~so~er. ~he use o~ ~e ~uises by ~c~see fha~ not tn~erf~e vi~ co~F's use o~, access ko ~d parking C~ty's conti~ous Prope~y. ~c~see hereby agrees ~at shall bo attenuated and conEinad ~o ~he ~ises. ~ic~ee, i~S sole cos~ and e~ense, shall provide all traffic con~o1 ~fo~~ necessa~ ~o ensure ~a~ ~icensee' s use o~ ~he ~omises ~at ~ore will be no ent~ or uae el any Co~ty b~lding on ~ope~y by ~ Licensee' s a~ent, employees or ~i~eu. ~ic~mmo*s hours o~ operation on ~e Praises ~all beg~ ~censee eha~l have ~e r~ght, ~t ~ts o~ co~t ~d expense, to ~tall its sole cos~ ~d e~ense, percale ba~o~ faollities and gen~atora for ele~rictty o~ ~e ~ises. E~ens~e s~tll fu~her ~pr~ets, 8l~e=ations or additions to ~s ~ses wi~out ~m prior ~i~cen consent of County. Ltcense~ a~mmm and p~fumnt to this Section or o~e~ise, Is proffered ~d acc~plished solely for ~e benefit a~d convenl8nc8 of Lic~soe, a~d no~ ~or ~e benefit o~ cowry, such work bei~ n~e~elass subject to each and evo~ provision oE this A~eement. nice~ee sAall not co. it or suffer ~o bm co~itt~ any ~te upon ~e ~emlses or any nuisance or other a~ or ~g whi~ may may effete County's fee ~terest in ~e Praises. L~ce~ee shall no~ store o= d~spose an~ con~in~ts including, but no~ to. hazar~us or ~oxic s~s~mncee, che~ical~ or o~er ag~, includes a~y petrolm~ pF~uct~, used or pr~ucod in ~oenseoms operation, on ~e Pre.sos or in ~y ~er no= po~od by law. sole cos~ and expense and Licensee will keep suc~ refGse tn proper fireproof =on~iners on ~e interior of ~e ~ises ~til Licm~e~ will keep ~e a~cess to ~e ~i=ma, ~m paring ~mas. driv~ay~ and o~her contiguous areas to ~e Premises free ~d cle~ of obstruction. Licensee. at its mole cost and expense, will the Pre~iees free o1: re--eats, germ:La and o~e~ peB~s. ~y re.ired pe~i2s ~d comply wi~ ail re~lations of all co~tM, municipal, state, federal and Q~er applic~ie gove~tal au~oriti~, n~ in force, or whi~ may hereaf=er be pe~aining ~o Lite.ce or its use of ~e ~ses, and ghall fai~lly obse~e in ~e use of ~e Praises all m~icip~ and co~ty ordinates ~d s~te and E~deral statutes n~ in Eorc8 or which may hereafter be in force. ~censee g~all ~ly ecol~ical re~ir~enCs to operate i~= busines~ on ~e ~censee shall lady,fy, defend and save County harems from any ~d all penalt~, ~ines, costs, ~ee, soars, cla~; or obliga~ions specified in ~i= section. Sectiom 3. OS Non-DAscr~ina~ion. ~censuu shall as~e ~d ce~i~ ~at it wiX1 comply Title IV of the Civil Rights Act o~ 1964, as am~ded, ~d Pain Bea~ cowry Resolu~ion No. R92-13, and shall not against any in~ivl4ual on ~e basis of ~eir ~ce, color, national origin, religion, ~cmst~, s~, age, m~iaX s~atus, ori~ation or ~ismbili~y with respect to a~ activity oc~~ on feotion 3.0s Surrender of ~pon e~ira~ion oF earlier ~e~ina~ion o~ Licensee's XAconse ~o ~e ~e ~ises, Lice~ee. at its sole cost and e~e, ~ove &~ or its ~ovem~ and pe~so~l p~ope~y PF~ses an~ shall su~endez ~e 9~isoa to ~e Co~ In at Xeast ~e s~e condition the 9remises were in as o~ ~e ~ate et this Agra~. ' ~AZ~ ~ ~~ OF section 4.0X aeoponsibi~A~2 of countT nd Lia~ee. co~2 shall no~ be ~bliqated or re,ired ~o n~e o~ condu~ an~ ~imten~ce or repairs wha~soev~ ko ~e P~iseH. potions o~ ~e ~ises and all ~prov~s ere~ed on ~ises shall be ~pt ~ good repair ~d condition by LicenSee. ~pon e~ira~ion or earlier kelly, ion of ~his Ag~e~nt, ~icensee shal~ deliver ~e ~em[ses to Count2 in ~ood ~pair ~d co~i~ion as speci~iod here~. Xn ~e event o~ ~y d~e to ~ho Coun2M may conplo~e ~e necessa~ repaArs and ~ceneee shall re~sa Co~y for all e~ses in~ed by Cowry in doing so. BOO,ion S.01 Li~AZ~ ~c~see shall, ~ing ~e entice T~ hereo~, Xoop in ~1 ~o=c8 and e~Zec~ General Li~ility Xnsu~ce in ~ ~o~ not less ~ O~ ~LLION ~ ($1,000,000)* par oc~ence c~ed s~ngle l~it bodily inju~ and pr~erCy d~lge l~abil~ty Wor~rs Compensatio~ ~rance cov~g all employees In acco~ance with ~apter 440 Florida S~tes. ~e Gene~l L~ili~y shall includ~ c~erage for Praises - O~erations, Contractual ~od~ct L~abili~y~ Indep~den~ contractors, con~rac~ual L~li~y and Broad Fo~ Prope~ D~ge Li~ll~y c~e~ges. gection S,08 e~neral ~Z'ovisions. an ~n~ana~ c~pany l~c~s~ ~o do bus~e~ ~ns ~e F~o~d~ and sub~ec~ ~o ~ apv~ova~ of ~e ao~ty ~ s R~sk l~as~ ~y (30) ~ys prior notice of ~ancella=ion ~erial ~ange ~n =~erage. In no event shell ~e l~it~ of said instance righ~ of ~ng~ion, or Co~ty may ~ia~ely =o~ate ~is Agro~=, ~otvi~t~g any pr~lsion~ herein ~o ~e No~wi~hs~nding ~e fore~oing, Licensee shall and does ~e~i~, de~nd and hold Co~ty hapless fr~ any loss or such ~surance. L~cenmee fhmll ~nd~i~y, deled and save Co~ty ha~lefs expense in oo~ec~ion wi~= (i) los~ of life, persu~l ~Ju~ and/or ~age t~ or des~c~lon of prope~y aris~g from or out of ~ oocur~ce ~n, upon or at ~e Praises; (~] ~e oc~p~ or use ~ ~censee of ~e ~ses or an~ p~ ~ereof; or a~ or omission of Linasec, its agars, cont~ctors, ~plo~es ~nvite~. In case cowry shall ~e nado a ~a~y ~o ~y l~t~gat~on ~en ~neee s~a11 protec~ ~d ~old Cowry h~le~ ~d pay all costs an~ at~orney*s ~ees in~ea by Co~ty in c~neu~ion such l~tlgation~ and any appeals ~ereof. BeeChen S.04 Waiver ~ L~c~see and ~oenseets ~ns~ers of ~ogation. In ~e ev~t of loss or d~aqe ~o ~e ~ses ~d/or ~y of Lice~eeJs ~mpr~tm, ~8 Licensee ~all look solol~ =o any ~ance in its favor wi~out m~i~ any claim against ~d ~he L~cenBeo shall obtain a~d deliver ~o the C~ty, fr~ i~rer ~der each ~oli~ of such insu=~ce, an agreem~t wher~ su~ l~urer valves s~roga~ion of ~y ala~ against ~e co~ty for loss or 4aMge w~hiA the scope of ~e ~surance, 8~d ~o for ~=self an~ its ~naurer~, waives all su~ i~ured =la~ a~a~nst Licensee shall be solsly rospo~ible Eot and pro~tly directly to ~e u~i~ity or other pr~ider of su~ se~ice all cha~ee and asses~ents for water, gab, el~=r~ci=y, collection ~d r~oval or any o~er utility used or cons~ed Pr~ses. N~v~st~4~ng ~n~ to ~e contra~ contnin~ hera~, r~gh~s q~ted to L~cansee ~reu~er ~o~t only ~o a licue to use ~e ~ises, ~i~ l~ce~e is e~esnl~ ~evooable · or ~y reason whatsoever upon notice to Licensee. ~on Lio~see' s rucu~ o~ not~oe f~m co~y o~ ~e ~uvocation o~ 4 granted hereby, this Agreaent shall te~Ltnste and County shall be ~elieved of all £~trther obligation h~~ acc~ing ~se~n~ to ~Q da~e of ~U~ ~e~nat~on. BeeChen T.o2 lnfor=~en~ In ~e ~unt ~at l~ g~ll bec~e necesso~ ~or fe~ in=ed by Co~y in co~eotion wi~ ~e enforc~ent of Co~ty* s rights ~der ~s ~re~ent, ~nclud~ng w~out l~m~ea~ion, part ~Ortof as i~ ~11~ se~ ~o~ he~ein, constitute all a~ents, conditions and understandings between License concern~g ~8 Premises. ~1 rapragentationm, ei~er or ~itten, shall be de~ to bm me.ed ~to ~ia ~cept as herein o~o~ise pr~ided, no s~se~ alteration, waiver, ~ge or additAon to ~is A~eement sha~l be b~ng upon Co~y o~ ~c~ses unless ~educed to ~itin~ and si~ed by them. Section B. OI Botlceo. ~y conm~t., approvals ~d pe~issions by ~o Co~=y ~all be o~fective and valid only i~ in wri~in~ and any notice by eider dUly give~ only If mailed prepaid by ossified mail ~t~ receipt (a) If to the County at: Prepay ~d Real Es~a~e Manag~ent Division 3323 Belvedere Ruud, Bldg. 503 ~os~ PB~ ~ach, FL 334o6-1548 vi~ a copy At~: C~y A~o~ey 3ol No~ Olive A~enue West Pein ~ench, FL 33401 (b) I~ to ~e Licensee at: Licensee shall not record ~his Agreement. or any memorandum or short fo~ thereoE, without ~he ~itten cons~t ~d j oinder of c~ty. section 1.04 ~ili~y cE Co~t~. License ~all look ~olt~y to ~e osta=e and co~ ~ ~e ~lses ~or ~e collection o~ ~y j~ent, or connection vt~ any o~er ~udicial pzocess, re~rin~ ~e p~ent ~ money by co~ty in ~e ev~t of any ~efaul= b~ coun=y w$~ rospo~ to any el ~e te~, cow.ants and condi~ions of ~re~t to be obBe~ed and po=fo~ed by Co~ty. or o~er enforce~nt procedures for ~e set.faction o~ Lice~ee~s The parties hereto vaive tria! by Jury in pr~eedings or commercials b~ugh~ ~ eider of ~e pa~ies hereto aqainst ~ o~er, ~ co~ection wi~ ~is ~eemen~. ~is Agrm~ent mhali be gove~ed by ~d inte~t~ Bea~ eve~ p~v~s~on o~ th~s A~eemen~ ~n watch t~me ~ wX~9O b~OF~ County ~d ~cenaea f~t ~e written. P~ B~ CO~, F~RIDA, A WI~: ~TZ~ ~D~GION OF STATE OF LICeNSeE: WITNESS: l~y': (seal) Type or Print Name APPROVED AS TO FORM AND rXGAL SUFFICIENCY BTWXB3?A' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #~ - MEETING OF JULY 23, 1996 PURCHASE OF H.T.E. SOFTWARE AND NEC COMPUTERS: DATE: JULY 23, 1996 This is before the Commission to authorize the Police Department purchase of 16 NEC laptop computers from USA Flex, Inc. in the amount of $32,057.64; and software from H.T.E., sole source vendor, in the amount of $43,400, for a total of $75,457.64. This is Phase I of the first year implementation of the Police Department's five year plan to issue laptop computers to all Field Operations personnel. Recommend approval for the Police Department purchase of 16 NEC laptop computers from USA Flex, Inc. and software from H.T.E., in the total amount of $75,457.64, with funding from Federal Forfeiture Funds (Account No. 115-0000-248-99.00). Agenda Item No.: //\~ AGENDA REQUEST Date: July 23, 1996 Request to be placed on:, xx Regular Agenda Special Agenda Workshop Agenda When: July 23, 1996 Description of agenda item (who, what, where~ how much): Purchase Award- Purchase of 16 laptop computers and software, at a cost of $7~,457.~4 C 16 Laptop Computars from USA Flex, Inc. at a cost of $32.057.64 omputer Software from H.T.E. at a total cost of $43.400.00,) ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award purchase of Laptop Computers and Software at a total cost of $75,457.64. Funding from account #115-2112-521-49.90 Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:Q/ NO Funding alternatives: ¥~. ccount Balance :~!~, City Manager Review: Approved for agenda..: Hold Until: . · Agenda Coordinator Review: Received: Action: Approved/Disapproved DELRAY BEACH Delray Beach Police Department ~ AII-AmedcaCity (407) 243-7888 Fax (407) 243-7816 199.3 MEMORANDUM TO: David T. Harden, City Manager (~ FROM: David Junghans, Administrative Offic DATE: July 23, 1996 SUBJECT: ADDITION TO THE CONSENT AGENDA The Police Department requests that our purchase of 16 computers and support software be added to tonight's City Commission meeting under the Consent Agenda. Computers will be purchased using federal forfeiture money and are part of the Department's ongoing five year computer program. DJ/ppt Delray Beach Police Depart~nent Memorandum TO: David Junghans Administrative Officer FROM: Assistant Director Tina L. Lunsford Support Services Division DATE: June l lth, 1996 SUBJECT: LAPTOP ACQUISITION We would like to move forward with acquisition of the equipment and software necessary to implement our laptop project. I entered requisition/344180 for USA Flex, Inc. and//44633 for H.T.E. This is the first year of our five year plan of issuing laptop computers to all Field Operations personnel, both sworn and non-sworn. These computers would be utilized as report writing/data collection devices and information storage systems. Docking stations at the Police Department would allow for rapid downloading of information without the need for support personnel assistance. The first year implementation will be done in two phases as outlined below: Purchase of H.T.E. software and sixteen (16) laptops. H. ~E. Requisition #44633 · CRhMES/Field Incident & Accident Reporting Software for the AS400. 0 ~ $26,000.00. Note: The fee is being credited per our March 18, 1996 contract with H.T.E. · CRIMES/Field Incident & Accident Reporting Software for sixteen (16) $28,800.00 laptops ~ $1,800 per unit. Payable at contract signing. · Software Maintenance Fees $500.00 · Training Fees $4,800.00 · On-site Assistance $1,600.00 · Project Management $3,000.00 · Customer Support and Product Enhancetnent Fee $4,700.00 TOTAL FOR H.T.E. PHASE I $43,400.00 USA Flex Inc. Requisition #44180 · (16) NEC Versa 550D Laptops ~$1,699.00 each $27,184.00 · (16) 8MB Memory Upgrades ~ 199.00 each $3,184.00 · (16) Carry Cases ~ $39.00 each $624.00 · (16) Inverter for Laptops/Cigarette Plugs @ $59.00 each $944.00 · Shipping & Handling $121.64 TOTAL FOR USA FLEX $32,057.64 GRAND TOTAL PHASE I $75,457. 64 Through the use of laptop computers the efficiency of operations would be greatly improved. The most substantial impact would be on the elimination of support employees having to manually input each and every report. Each employee would be able to download their daily reports at the end of their shift, thus eliminating the possibility of transcription errors. The reports produced would be neat, professional, and court presentable. There would be almost immediate access to report information as opposed to the current system in which the information is not available until someone else enters the information into the system twenty-tour (24) hours later. Each of' the laptop computers will have the capability to be upgraded to a mobile digital terminal which provides tremendous capabilities for the officer/employee on the street. After the five year implementation of the laptop project has been completed then the four (4) support employees could be reallocated to other areas of the Department. Note: H.T.E. is a sole source vendor. I have included price quotes from two additional vendors for the laptop equipment. Your prompt action will be appreciated. SUPPLEMENT TO H.T.E., INC. SOFTWAIr/E LICENSE AGREEMENT BY AND BETWEEN H.T.E., INC. AND CITY OF DELRAY BEACH This Supplement is to the Original AGREEMENT FOR H.T.E., INC. LICENSED PROGRAMS dated October 17, 1985, between H.T.E., INC. (HTE) and City of Delray Beach (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. PHASE I *CRIMES/Field Incident&Accident $ 26,000.00 4 $ 3,200.00 $ 500.00 Reporting (Server) *CRIMES/Field Incident & Accident Reporting (Client) 16 units ~ $1,800/unit 28,800.00 1 800.00 Less credit per 3/18/96 proposal (26,000.00) PHASE I1 *CRIMES~Tield Incident & Accident Reporting (Client) 19 units ~ $1,800/unit 34,200.00 1 800.00 TOTALS $ 63,000.00 6 S 4,800.00 $ 500.00 License Fees: $ 63,000.00 $ 28,800.00 $ 34,200.00 Software Maintenance Fees 500.00 $ 500.00 Training Fees 6 days ~ $800/day 4,800.00 4,800.00 On-Site Assistance: 2 days ~ $800/day 1,600.00 1,600.00 Project Management 30 hrs ~ $100/hr 3,000.00 3,000.00 Customer Support and Product Enhancement Fee 4,700.00 4,700.00 iTOTAL $ 1i7,600.00 $ 28,800.00 S 43,600.00 $ 5,200.00 Footnotes HTE no longer markets the Smartbeat Application Software referred to in the March 18, 1996 Price Proposal; however CRIMES/Field Accident Reporting is offered instead. CRIMES/Field Accident Reporting is a batch update only without mobile data capabalities. Availability is expected by the end of the fourth quarter of 1996. During the terms of this Agreement, if the Customwr chooses to the proposed product fully mobile (ie: RF/Radio Frequency) there will be an additional charge to the Customer of $25,000 for Host Based Switching Software. PROGRAM PACKAGE DISCOUNT The above quoted prices on License Fees reflect a substantial discount. This discount is based on the purchase o1: all applications at the prices detailed above and applies only to umnodified applications purchased on a single contract. DLB-A.XLS 6/6/96 I PHASE II Phase II delivery will be scheduled to occur thirty (30) days after contract execution. Training Training will consist of 3 classes, 2 days per class with 7 students in each class. Additional training, if requested by Customer, will be invoiced as incurred at the prevailing rate per hour. Conversion Conversion, if necessary, will be invoiced as incurred at the prevailing rate per hour. It is understood that no two systems arid file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. Modifications Modifications will be controlled by the HTE "System Change Request" form which will be prepared for the Customer by the HTE Project Manager responsible for that module, HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with 50% payment. Final payment is due when SCR is completed. Prices quoted above will be honored through June 30, I996 Vice President 6/6/96 Title Date DLB-A.XLS 6/6/96 2 07/23/96 14:40 '~4072437816 DELRAY BEACH PD --- CITYHCR ~002/003 Delray Beach Police Department (407) 243-7888 Fax (407) 243-7816 llll 1993 Captain Al~rto M. Malls Direct Line (407) 243-7855 VIA FAX Gateway Computers ATrN ANGEL 505-232-2801 Dear Sir or Madam: We are looking to pumhase forty (40) laptop computers to tun s specific application. The application requirements are as follows · 4a~ It SO Ml"lz or better · 15 MB mm or 200 MB .tomge or better In addition we require fiat the so'can be color, duel scan passive Is acceptable, ami that tim computers can operate end/or be ~KI from · vehicle's 12v system. Please quote e per un# price for atx~ve as ecoordlng to c~t we may be e~e to buy mom or lea~. it is our Intention that over the next three or so years we wllJ oiJtflt 175 people with them. BeGauae we ere under severe time constraints due to the grant that we em operating under, end the fact that we must submit · grant plan no later than the ci~le of business day for Friday, 28 /kodl 05, please fax us the ~ce$ no later than tomom~v, 25 April g~ at 17:00 Eastern Daylight. Please fax to the attention of: Ma. Tine Lunsfo~fl Systems Manager FAx(407) 243-7816 VOICE (407) 243-7833 For any questions, please call Ms. Lunsfo~l or me. My voice mall Is (407) 243-755~. Your premix coo.ration Is ve~/much appr~:lated. L.~.~ Sincerely, Community Policing Commend~ QUOTATION 5/30/96 DELRAY BEACH POLICE DEPT Phone Numberl 407-243-7888 TINA LUNSFORD Fax Numberl 407-243-7816 300 W ATLANTIC AVE DELRAY BEACH FL 33444 For fast service you can reach me at UNITED STATES 1-800-872-3539. After you hear the recording press 1, then my ext. 7003. Dear TINA LUNSFORD, Thank you for calling USA Flex and allowing us the opportunity to assist with your quotation. We appreciate being considered as a source for you~ computer needs. For your convenience, we have assigned a price quotation reference number # . 210/053096/080033. Part Number Qty Item Description Price Each PC6300-454B 16 VERSA 550D/CYR~XlOO/540MB/SMB/lO.4 DSTN 1,699.00 N1202 16 8MB ~EMORY F/VERSA 2000 199.00 TAR-NPAC 16 NOTEPAC CARRY CASE 14"Xll"X2.5" 39.00 Dl-~VI25 16 INVERTER F~R LAPTOPS/CIGARETTE PLUG CD.' 59..00 Sub Totall 31,936.00 Freight~ 121.64 Order Totall 32,057.64 HOLDIN~ 35 PIECES - SYSTEMS IN STOCK - GINT - T~KS Terms Of Sale Are~ NET 30 DAY Quototion is based on today's prices which may change. We will honor this quotation as long as possible. Please feel free to call if you have any questions. Sincerely, GINT VENCLOVAS T : /2 9 1~:4~ WINBOOK CO~PUTER CORP. ~F~RENCE: ~1-~-~64~88 1160 STEELWOOD ROAD SALES ID: SC5104 COLUMBUS, OH 43ele A~BOCIATE: SUSANNAH CURPHEY (800) 468-?502 STATION: 551WB QUOT AT I ON QUO TAT I ON QUO~TAT I ON QUO TAT I ON QUOTATION FOR: DELRAY BEACH POLICE ~EPARTMENT MS TINA LUNSFORD TINA LUNSFORD DELRAY BEACH POLICE DEPARTMENT ~00 WEST ATLANTIC AUENUE 300 WEST ATLANTIC AVENUE DELRAY BEAOH~ FL 33444 DELRAY BEACH, FL ~444 <407) ~43-783~ PRICING GUARANTEED UNTIL: 05/09/96 = GENERAL PO NUMBER:~ QUOTE Qty Description SKU Unit P'pice Amount 1 WINBOOK XP~ P?5 ~40MB/F D10.4N A ~40 ~E eoe90~ 1,561.~0 1~561.0~0 1 WINBOOK XP5 16MB MEMORY MODULE 16 MEG 16 144915 798.00 798,0~ THE COST OF THE WINBOOK XP5 IS NORMALLY $1681,00 PLUS $798~00 FOR 16 MB OF RAM. THIS QUOTE APPLIES TO AND IS DEPENDENT ON THE PURCHASE OF 'ii 40 UNITS. THE COST OF SHIPPING ONE UNIT UPS SECOND DAY IS $~.00. OTHER RAT~S ARE AVAILABLE FOR QUANTITY PURCHA~E~ 1 XTEND XP/XP5 CAR ADAPTER . 210344 79.9~ 79.95 ~ SUBTOTAL: ~ 438.95 TAX: 0.00 SHIPPING: 35.00 TOTAL: 2,473. 915 84/,..;, :,o 4~,~',~.,'t1.~.~ ~-;ELL C[3~:/'irER C.~.,: Page QUOTATION Tina Lunsford April 25 1996 City of Delray Beach TAi,I2J~U~'~SEE, FL 32399 SKU ~- QTY DESCRI PTI ON UN I T EXTENDED ~ i 220-1605 I Dell Latitude XPi 90MHz ~' ,939.00 2,939.00' Pentium Notebook with 10~ 4" Dual Scan Display and 8M of RAM 310-3035 I Carrying Case For Dell Latitude Notebook 310-3043 1 No Factory 'Installed Modem 310-6091 I 8MB RAM,: FPM, 1 DIMM, Factory Installed 340-5855 I 540MB EIDE Hard Drive, Factory Installed 420-6032 I DOS 6.22/Windows 3.11, No Diskettes, Factory Installed 900-90'10 I 3 Year Limited Warrant~' Upgrd; .00 .00 Year I NBD On-Site, Years 2 & 3 Upgrade to NBD ;ii' On-Site 310-2563 I Automobile Power Adapter 73.00 73.00 For Latitude and Latitude XP Customer Installed ******** 0 WIN1TER~OF THE TORTURE ******** 0 PC/COMPUTING MAGAZINE **e*~*.** 0 (MAY ISSUE 1996) For your convenience, we have listed your sales representative, Sales I~epresentative: : your quote number and your customer number which will provide Ii you with faster service when you are ready to place your order, KY'r.R RUSH iii Quote #: 7597631 Prices and tax rates are subject to change. Business Leasing Program Is provided by Leasing Group Inc.;Lr~asing Fee-S35 Customer #: 182 6223 DE!,L MARKETING LP.. 2214 WEST BRAKER LN, BLDG 3 AUSTIN,TX 78758 i:i ($00)727-1~00 (TEL) ($00)365-$329 CEAX) ~ QUOTATION Tina Lunsford April 25 1996 City of Delray Beach TALLAHASSEE, FL 32399 This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement is subject to the applicable Dell standard terms of sale. SUB TOTAL 3,012. ~' TAX . ~ ~ SHIPPING & HANDLING . Thank you for calling Dell TOTAL $3,012. Far your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide you with faster service when you are ready to place your order. KYLE Quote #: 7597631 Pdces and tax rates are subject to change. Business Leasing Program is provided by Le.slng Group Inc.;Leasi.g Fee-S35 Customer #: 182 6223 DELL MAI~KRTING LP.. 2214 WEST BRAKER LN, BLDG (8~{})727-1100 (TEL) (800)365-5329 (FAX) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FR~M: CITY MANAGER .~l SUBJECT: AGENDA ITEM # /OR - REGULAR MEETING OF JULY 23, 1996 FIRST PUBLIC HEARING & FIRST READING FOR ORDINANCE NO. 28-96 (FARMERS MARKET AS CONDITIONAL USE IN OSSHAD) DATE: JULY 19, 1996 ~nis is first reading and the first of two required public hearings for Ordinance No. 28-96 which amends Section 4.4.24(D) of the Land Development Regulations by adding 'Open Air Farmers Market' as a conditional use in the Old School S~3~e Historic Arts District (OSSHAD). It also provides for a definition of 'Farmers Market' to the definitions appendix of the LDRs. ~ne proposed text amendment is in response to the Joint Venture's proposal to have a farmers market in the CRA parking lot across from the community center/tennis center. It is planned for Saturday mornings during mid-November through the end of May. The use is proposed as a conditional use which will provide greater control through review of potential impacts and application of appropriate conditions. The specific definition of a ' farmers market' is included to clearly differentiate it from a flea market which would not be appropriate for inclusion in the OSSHAD district. The Planning and Zoning Board considered the amendments at public hearings on June 17, 1996 (adding the use) and July 15, 1996 (definition). There was no public testimony and the Board voted unanimously to recommend approval. Recommend approval of Ordinance No. 28-96 on first reading. If passed, a second public hearing will be scheduled for August 6, 1996. ref: agmemo6 FAILED ON FIRST READING - JULY 23, 1996 ORDINANCE NO. 28-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING 'OPEN AIR FARMERS MARKET' AS A CONDITIONAL USE; AMENDING APPENDIX A, "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS BY ADDING A DEFINITION FOR ' FARMERS MARKET'; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meetings of June 17, 1996, and July 15, 1996, and voted unanimously to forward the change with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF D~.~AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Sc~e Historic Arts District (OSSHAD)", Subsection 4.4.24 (D), "Conditional Uses aD~ Structures Allowed", of the Land Develolm~ent Regulations of the City of Delray Beach, Florida, be, aDx~ the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the OSSHAD: (1) The existence of more than one residential use on a parcel upon which there is mixed use (residential and non-residential usage). More than one residential unit may be located within a mixed use structure. (2) On a parcel that has as its principal use a non-residential use, residential use which occurs other than as provided for in Subsection (C) (2). (3) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (4) Adult congregate living facilities, alcohol and drug abuse treatment facilities, child care, adult day care, continuing care, convalescent homes, and nursing homes. FAILED ON FIRST READING - JULY 23, 1996 FAILED ON FIRST READING - JULY 23, 1996 (5) Parking lots not associated with a use. (6) Open Air Farmers Market Section 2. That Appendix A, "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amer~_ed by a~ng, alphabetically, the following definition: FARMERS MARKET An occasional or periodic market held in open air where agricultural produce and related products are offered for sale to the general Dublic by the .growers or producers from open or semi-open facilities or temporary structures. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR AT~ES~: City Clerk First Beading Second ~ling - 2 - Ord. No. 28-96 FAILED ON FIRST READING - JULY 23, 1996 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIAN~F~DOMINGUEZ, DIRECTOR ~ E~NNING AND ZONING FROM: PAUL DORLING U PRINCIPAL PLANNER SUBJECT: MEETING OF JULY 23, 1996 AMENDMENT TO LDR SECTION 4.4.24(D) ADDING "OPEN AIR FARMER'S MARKET" AS A CONDITIONAL USE WITHIN THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT AND AN AMENDMENT TO THE DEFINITION SECTION OF THE LDR'S TO ADD A DEFINITION OF "FARMER'S MARKET". The action requested of the City Commission is that of approval of amendments to LDR Section 4.4.24(D) and the definition section of the LDR's. The amendments will add "Open Air Farmers Market" as a conditional use to the OSSAD zoning district and a new definition of Farmer's Market to the definition section of the LDR's. The amendments are in response to the Delray Beach Joint Venture request to conduct a Farmer's Market in the CRA parking lot located between Swinton Avenue and N.W. 1st Avenue, just north of Atlantic Avenue. The event is planned once a week (Saturdays) during the growing season (approximately 5 1/2 months a year). The parking lot has a zoning designation of OSSHAD, which currently does not allow Farmer's Markets as a permitted or conditional use. The overall intent of allowing the use (Farmer's Market) is to promote revitalization of the downtown through a mix of uses intended to generate pedestrian activity along Atlantic Avenue and the adjacent streets. A Farmer's Market in the area will draw a number of people to the downtown on a regular basis, and is consistent with the City's City Commission Documentation Farrrcer's Market Use and Definition Amendments Page 2 plans for redevelopment of the area. Farmer's Markets also evoke a sense of tradition and community, which are consistent with the preservation theme of the OSSHAD zoning district. The use is proposed as a conditional use, which will provide greater control through review of potential impacts and application of appropriate conditions. In reviewing other municipalities' regulations and how they define farmer's markets, West Palm Beach and Palm Beach County consider farmer's markets similar to flea markets. Both governments classify flea markets and similarly farmer's markets as "outdoor retail sales area in which parcels of land are rented to individual merchants to display and sell goods". The City of Delray Beach's definition of flea markets is listed as "A market, usually in the open air, selling antiques, used household goods, curios, or the like". Flea markets will not promote revitalization of downtown nor evoke a sense of tradition and community. Therefore, flea markets are not allowed, nor are they desired in the OSSHAD district. To dispel any confusion between the types of uses a specific definition of a "farmer's market" is required. The attached definition meets this requirement. The Planning and Zoning Board considered the requests at public hearings on June 17, 1996 (adding the use) and July 15,1996 (definition). No one from the public spoke for, or against the proposal. The Planning and Zoning Board recommended approval to add the conditional use on a unanimous 7-0 vote and to add the definition on a 6-0 vote (Carolyn Young absent). By Motion, approve Ordinance No. 28-96 to LDR Section 4.4.24(D) adding "Open Air Farmer's Market" as a conditional use to the OSSAD zoning district and adding a definition of "Farmers Market" to the definition section of the LDR's. Attachments: ,, Strike Through and Underline of Changes · Copy of Ordinance No. 28-96 LDR Section 4.4.24 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (1) The existence of more than one residential use on a parcel upon which there is mixed use (residential and non-residential usage). More than one residential unit may be located within a mixed use structure. [Amd. Ord. 13-93 2/23193] (2) On a parcel that has as its principal use a non-residential use, residential use which occurs other than as provided for in Subsection (C)(2). [Amd. Ord. 13-93 2~23~93] (3) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. [Amd, Ord. 13-93 2123193] (4) Adult congregate living facilities, Alcohol and Drug Abuse treatment facilities, Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. (5) Parking lots not associated with a use. (6) Open Air Farmer's Market, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FRAM: CITY MANAGER NEWSRACK ORDINANCE D~R: JULY 18, 1996 Oralinance No. 13-96 concerning the regulation of newsracks was presented to the City Commission on March 5, 1996, for first reading. It passed 4-0 and was scheduled for public hearing on March 19, 1996, with a workshop session to be held on March 12th. At the w~rkshop, enough headway was made with the ~ewspaper representatives that Commission agreed not to take final acticJ~ at the March 19th hearing. The ordinance was ultimately continued to the date certain of July 23rd in hopes of developing an ordinance acceptable to all parties. The City Attorney's office has developed an alternate ordinance which is outl/ned in Mr. Tolces' July 18th memorandum and recommended for your consideration. It is numbered as Ordinance No. 27-96. Frcm a procedural standpoint, if the Commission wishes to consider the alternate ordinance, Ordinance No. 13-96 should be voted down on second and final re~__~ing. Then, Ordinance No. 27-96 should be considered on first rea~/ng. If it is passed, a public hearing will be scheduled for August 6, 1996. Recommend consideration of Ordinance No. 27-96 on first reading. re f: agmemo8 ~r's D~cct L~: (~) 243-?~ DELRAY BEACH Ali,America City ~ DATE: July 18, 1996 TO: Ci~ Co~ssion ~O~: David N. To]ccs, Assis~nt Ci~ Atto~ S~J~CT: ~ovab]c ~m~c Ordi~nce The attached ordinance is the latest edition of the proposed movable fixture ordinance. The primary revisions are as follows: 1. The movable fixture ordinance will be located in Section 102.40 of the Code of Ordinances as opposed to the LDR's. This will assist in the consolidation of the City's code which will allow City employees to review the ordinance without having to use both the LDR and code books. 2. Definition of "modular newsrack" on Page 3. 3. The addition of other locations where modular newsracks may be placed, and as a result, individual newsracks will be prohibited. The additional locations are the North Federal Highway Redevelopment Area, and the West Atlantic Redevelopment Area. This revision is on Page 6. 3. The removal of the term "reasonable" before the word "graffiti" in Section 102.40(D)(6) on Page 7. 4. The addition of item 102.40(D)(6)(h) which requires the publishers to maintain the area surrounding the newsracks in a neat and orderly condition. This addresses the issue of litter and trash around the newsracks. The parties agree that the publishers should be responsible for cleaning up around their newsracks. 5. On Page 8, Section 102.40(E)(1)(c) was deleted. Newsracks will be allowed to be placed on sod or grass. The publishers feel very strongly that if the City prohibits the placement of newsracks on sod or grass that a City Commission July 18, 1996 Page 2 substantial majority of their locations will be eliminated. This provision, in the publishers' minds, effectively bans newsracks from the City. 6. On Page 9, Section 102.40(E)(8), the clear zone at an intersection is being reduced to 25 feet from 40 feet. The parties briefly discussed the nature of the 40 foot limitation. It was agreed that the 40 foot distance is not needed, and that a 25 foot clear zone would adequately protect the City's concerns with public safety. 7. On Page 11, Section I02.40(E)(9)(d) will prohibit a publisher from locating a newsrack within a 150' radius of another newsrack which distributes the same paper. If demand warrants, a double-wide newsrack of no greater than 40" in width may be placed in a location. 8. On Page 10, Section I02.40(F), the publishers and distributors will have to execute an indemnification agreement in the City's favor prior to placing newsracks within the right-of-way in addition to providing insurance. The indemnification agreement should protect the City from liability in the event of an injury resulting from the placement of a newsrack. I distributed the ordinance to the publishers in June. The only substantive comments I received were from the Palm Beach Post who requested the width of a double newsrack be 40 inches, and that the effective date of the ordinance be 180 days after passage in order to allow for the installation of the concrete pads for the modular newsracks. No other comments were received. At this time, Commission consideration on first reading is requested. Please call if you have any questions. DNT:smk Attachment cc: Susan A. Ruby, City Attorney David T. Harden, City Manager Lula Butler, Director of Community Improvement Richard Bauer, Code Enforcement Administrator Diane Dominguez, Director of Planning & Zoning news-5.dnt ORDINANCE NO. 2%96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 6.3.3, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; REPEALING SECTION 102.40, 'NEWSRACKS' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; ENACTING A NEW SECTION 102.40, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, substantial growth in the number of newspaper operators and Newsracks in the City has produced a significant increase in the number of Newsracks installed in public rights-of-way; and WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services; and WHEREAS, the installation and placement of Newsracks in public rights-of-way has resulted in concerns by the public and City officials with regard to the safety, convenience and aesthetics thereof; and WHEREAS, the City Commission finds that there is a need to regulate and establish procedures regarding installation, placement maintenance and insuring of Newsracks within the City; and WHEREAS, the City Commission finds that such regulations and procedures governing Newsracks will serve to promote the health, safety, aesthetics and welfare of the citizens of Delray Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: ~8alKoa. l. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use and Work in the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of-Way", of the City of Delray Beach Land Development Regulations is hereby repealed in its entirety: ~. That Title 19, "General Regulations", Chapter 102, "Streets and Sidewalks", Section 102.40, "Newsracks', of the Code of Ordinances of the City of Delray Beach, is hereby repealed in its entirety and a new Section 102.40, "Movable Fixtures Within the Right-of-Way" is hereby enacted to read as follows: Section 102.40 MOVABLE FIXTURES WITI-IIN TI-IE RIGItT-OF-WAY: (A~ Purnose and Scone: The purpose of the following is to promote the public health, safety_ and welfare through the re_cmlation of placement. ~.pe. appearance, servicing, and insuring of newsracks on public rights-of-way $o as to: (1) Provide for pedestrian and driving safe .ty and convenience. (2~ Restrict unreasonable interference with the flow of pedestrian or vehicular traffi~ including in,ess into or egress from any residence or place of business, or from the street to tho sidewalk by persons exiting or entering parked or standing vehicles, (3~ Provide for public and property_ safety_ during hurricane conditions, (4~ Provide reasonable access for the use and maintenance of poles, posts, traffic signs or ~i_tmaIs. hydrants, mailboxes and access to locations used for public transportation purposes. (5) Relocate and/or replace newsracks which result in a visual blight and/or excessive space $11ocatign on the public rights-of-way or which unreasonably detract from the aesthetics of store window displays, adjacent landscaning and other imnrovements, as welt as to have abandoned newsracks removed. (6) Maintain and protect the values of surrounding pro_nerties and prevent damage to ~tn'ass right-of-way areas. (7~ Reduce unnecessary_ exposure of the public to t~ersonal injury_ or property, damage. (8) Treat all newspapers equally regardless of their size. content, circulation, or frequency of publication. 2 ORD NO. 27-96 (9~ Maintain and preserve freedom of the press. (10_1 Coo_nerate to the maximum with newsmner distributors. (BI Definitions: For the purpose of this subsection the following definitions shall apply unl~s the ¢gntext clearly indicates or requires a different meaning, 'Advertising Circular.' Any publication that contains only advertising and no news ",Auxiliary. Lane.' A turn lane or on-street t~arking area. 'Bike Path.' That portion of a right-of-way imt}roved, designed, or ordinarily used for 'Controlling Enti~.' The person or enti_ty responsible for t}laeing and maintaining a movable fixture, the owner of the movable fixture, or the publisher of the newspaper vended within a newsrack. "Downtown Area." The rectangular area bounded generally by the western right-of-way of S.W./N.W. 4th Avenue on the west. the northern right-of way of N.W./N.E. 2nd Street on tl~ north, and the Intracoastal Waterway on the east. In addition, on the east side of the Intraeoastal Waterway. Lowry_ Street on the north. Miramar Street on the south, and the western right-of-way of Ocean Boulevard on the east. Also including N.E. 2nd Avenue from Atlantic Avenue north to N.E. 4th Street. 'Intersex:ting $idestreet.' Any roadway or driveway on which traffi¢ is required to stop prior to entering the intersection. "Modular Newsraek." A connected grouping of six or eight newsracks placed on a p~lestal which is installed or used for the display, sale. or distribution of newspaper or other news tmriodieals or advertisine circulars. 'Movable Fixture.' An_v newsrack, bench, or other non-attached fixture. 'Newsrack.' Any self-service or coin-operated box. container, storage unit. or other di _~nser installed, used. or maintained for the display, sale. or distribution of newspaper or other news _neriodicals or advertising circulars. 3 ORD NO. 27-96 "Paved Surfaces." Any hard maintained surface used or built for the purpose of transporting vehicles, bicycles or pedestrians, including parking areas. Surfaces shall include, but not be limited to. asphalt, concrete, paver block, tree grates and/or rocks. "Public Agency." The City_ of Delray Beach. Palm Beach County.. the State of Florida. itq subdivisions, denartments or authorized agents. ~llight-of-Way." All that area dedicated to public use or otherwise owned by a public agency for public street purposes and shall include, but not be limited to. roadways, swales, bike paths, and sidewalks. "Roadway." That portion of a fight-of-way improved, designed, or ordinarily used for vehicular traffic. "$idewldk." p, ny surface within a right-of-way provided for the exclusive or primary_ use (C) Certificate of Comnliance Required: The publisher or distributor of any newspaper or written periodical distributed from any newsrack location within a ci.ty right-of-way shall notify, the Code Enforcement Administrator or his/her designee, in writing, of the location or change of location of any such newsrack by filing a certificate of comnliance in accordance with the provisions of this section no later than 14 days after the placement or relocation of the newsrack. (1) Reviewing and Enforcement authority.: The a~lthoriry responsible for reviewing the certificates of compliance to verify, compliance with the ordinance provisions and enforcing the terms of this ordinance shall be the Code Enforcement Administrator or his/her desi_maee. (2) Certifications; The controlling entity_ shall file with the (2ode Enforcement /~drninistrator a written certificate of comnliance which shall contain the followine (a~ The name. address and telephone number of the controlling entity., who is the owner and/or principal responsible for the newsrack(s). ~) The name. address and telephone number of a responsible person whom the City may notify_ or contact at any time concerning the controlling entity's Ilewsrack(s). including notifications for enforcement purposes. 4 ORD NO. 27-96 The proposed location of the newsrack($), (d~ Names of newspapers or periodicals to be contained in each newsrack. (e) A certification that the newsrack(s) is (are) installed in conforman~ with the provisions of this ordinance in their entire _ty. (fl Executed indemnification a_m'eement and insurance certificate in compliance with Section 102.40(F~. More than one newsrack location may be included on a certificate of compliance. (3~ Denial of Certificate of Compliance: If a certificate of comtdiance for newsrack location is incorrect, or the newsrack is not located, maintained, or installed in conformity_ with the certification or this section, the certificate of compliance shall be deemed denied, and an order to correct the violation shall be issued pursuant to Section Standards for Newsrack Maintenance and Installation: Any newsrack which in whole or in part rests upon in or over any public property, or fight-of-way shall comply with the following standards: (1) A newsrack shall not exceed 4 feet. 6 inches in height. 40 inches wide. or 24 inches in depth. Modular newsracks may exceed the size limitations. (2~} Newsracks shall carry, no advertising except for the name of the publication being distributed, and a cardholder kept in a neat and untorn condition describing the publication being distributed. (3) Coin operated newsracks shall be equipped with a coin return mechanism tO _~rmit a person wishing to purchase a newspaper or ~eriodical to secure an immediate refund in the event the newsrack is inoperable. At all times, the coin return mechanism ~hall be maintained in good working order. (4) The controlling entity, shall permanently affm to its newsracks a label which states a 24 hour onerable telenhone number of a workine telenhone service which the customer may call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism. The label shall feature clearly on its face. the nam~ and address of the distributor to give the notices provided for in this chapter. 5 ORD NO. 27-96 (5) Modular Newsracks. (a) In the following locations, individual newsracks are not permitted. Modular newsracks may only be placed on concrete pads which will be constructed bY the City. in the following areas: 1. Within the Downtown Area. Modular newsracks may be placed in the following locations: a. East Atlantic Avenue east of the FEC Railroad Tracks adjacent to the parking lot on the west side of S.E. 3rd Avenue, b. On the east side of the building located at the southwest corner of southbound Federal Highway and Atlantic .Avenue. c. The Municipal Tennis Center. in close proximity, to the clubhouse building. d. In front of City. Hall on N.W. 1st Avenue. e. At the Gleason Bath House at Atlantic Avenue and South Ocean Boulevard. f, Adjacent to the building located at 40 South Ocean 2. Within the North Federal Highway Redevelopment Area. ~3, Within the West Atlantic Avenue Redevelopment .Area. 4. A modular newsrack may be placed on the west side of South Ocean Boulevard approximately 1.000 feet south of Linton Boulevard. b. The modular newsracks shall be installed and maintained bv the distributors in conformity, with existing Ci_ty ordinances. The color of the modular newsrack shall have eloss black bases, and forest ereen sides and doors. A color sample is available in the Community. Improvement Department. Any modular newsrack found to be in violation of the City_ ordinances is subject to the enforcement provisions contained in Section 102.40 (I-I)~. 6 ORD NO. 27-96 (6) The controlling enti _ty shall maintain each movable fixture in a neat and clean condition, and in good repair at all times. Each movable fixture shall be maintained so (a) It is free of c, raffiti: (b'} It is reasonably flee of dirt and _re'ease: (c) It is reasonably free of chipped, faded, peeling and cracked paint ill the visible painted areas thereof.' (d) It is reasonably free of rust and corrosion in the visible metal areas thereon: (e) The clear t~lastic or glass parts thereon, if any. through which the publications are viewed are unbroken and reasonably free of cracks, dents. blemishes, and discoloration. (f) The paper or cardboard parts or inserts thereof are reasonably free of tears, are not peeling, or tearing: and (g~ The structural parts are not broken or unduly misshapen. ~) The surrounding area upon which the newsracks is placed will also be maintained in a neat and orderly condition. The use of a bench for advertising purposes is strictly prohibited. (8) Any newsrack being installed, placed, or maintained on a public right-of-way. street or sidewalk or other public property_ shall be installed in a safe and secure manner ~o as to prevent the newsrack from being stolen or becoming a hazard in severe weather. At any time. the total weight of the newsrack and any weighting device shall not be less than one hundred twenty_-five (125) pounds. (9) Iii the event of the issuance of a hurricane warning by any entity_ with jurisdiction to issue such a warning, the newsrack shall be secured to the _m'ound or placed in such a manner $o that the ney/stack is parallel to the _m'ound., Prohibited Locations: 7 ORD NO. 27-96 (1) Landscaped Areas: Movable fixtures shall not be placed or installed or erected on any landscaped area within an improved public right-of-way or public property_. The landscaped areas include, but are not limited to. those areas in which the followint~ ground cover materials pla¢¢~l: (a_~ Decorative plants, or (la) Native plants maintained to match the surrounding flora. (2) Public Utilities: Movable fixtures shall not be placed, installed, or erected to obstruct the use of any public utili.ty pole or structure. These areas are designated as follows: (a~} Drainage structures: Movable fixtures shall not be physically attached. chained, or bolted to any drainage structure, inlet pipe. or other physical object meant tO carry_ water for drainage purposes: (b~ Utility_ Poles: Movable fixtures shall not be physically attached. chained, or bolted to a utility, pole: (c~ Fire Hydrants: Movable fixtures shall not be located within 15 feet of (3] Traffic Control Devices: Movable fLxtures shall not be physically attached. chained, bolted, or erected to obstruct the function Qf traffic signals, traffic signs or pavement markings. These areas shall be desi_tmated as follows: (a) Traffic signals. (Ih Movable fixtures shall not be physically attached, bolted, or chained to a traffic signal pole. (_2'~ Movable fLxtures shall not be placed in such a manner which obstructs the free pedestrian flow to and from a pedestrian traffic signal push button. In order to allow for the free pedestrian flow. and handicap access, to and from pedestrian traffic si_tnaal push buttons, movable fixtures ~hall be placed at least 36 inches away from such pedestrian traffic si_tm,al (b) Traffic signs, Movable fixtures shall not be physically attached. bolted, or chained to a traffic sign or post used for the support of a traffic sign or 8 ORD NO. 27-96 (4) Paved Surfaces: No movable fixture shall be placed, installed, or erected directly on a paved surface which is intended primarily for the use of motor vehicles t (5~ Sidewalk: Movable fLxtures placed or maintained on a sidewalk shall leave a clear area for traffic of not less than 40 inches. (6) Bike Path: Movable fLxtures which are placed or maintained on a bike path shall 1¢a¥¢ a clear area for traffic of not less than 8 feet. (7) Clear Zones: Movable fixtures shall not be installed, placed or erected wjthiq clear zones as defined in this section. Clear zones are defined as follows: (a~ The area measured within four feet of the face of a six inch hieh vertically faced curb. Where the four foot minimum is impractical, the minimum may be reduce to 2 1/2 feet. Co) In all other locations, the movable fixture shall be located no less than ten (10) feet away from the edge of the pavement. If there is not ten (10) feet available, the movable fixture shall be located as far away from the edge of the pavement as possible (8) Sight Areas: Movable fLxtures shall not be placed, attached, installed or erected within the sight areas defined in this section. For purposes of this section, sight areas extend vertically from a point commencing 3 feet above the payment elevation, and encompass the trian~lar area of property_ located at a coruer formed by the intersection of two or more public right-of-way, with two sides of the triangular area extending twenty.- five (25'~ feet from their point of intersection along the edge of pavement, and the third side being a line connecting the ends of the other two lines. (See Fi_cure 1). All obstructions to the required sight distance shall be removed within the area shown in 9 ORD NO. 27-96 T_vp_ ical Intersection (9) Other Areas: Movable fixtures shall nor be olaced, installed, or erected in any of the areas defined in this section. (al The area within 50 feet of any railroad track. (bi On any ci~ property_ unless the location has been specifically desi_~nated by the City Manager or any authorized representative. (D The City_ Manager or the duly authorized Cit~ representative shall designate locations at Ci_ry facilities for ~he placement of movable (2~ The City shall prepare a map for each Ciw facili~ illustrating the designated locations for the placement of movable fixtures. The location mans shall be available for insncction at the office of the City_ Clerk. (3~ Movable fixtures which are placed at Ci_ry facilities are subject to all nrovisions of Section 102.40. Improperly placed movable fixtures shall be considered abandoned movable fixtures. 10 ORD NO. 27-96 The area within the medians of a divided roadway. (d`} Newsracks may not be placed within a one hundred fifty_ foot (150') radius of another newsrack containing the same newspaper, news periodical, or advertising circular except where separated by a street corner. Where warranted by the quantity of newspaper sales, the Code Enforcement Administrator may allow a double newsrack not more than forty_ (40"~ wide otherwise complying with the requirements of Section 102.40(D). re`} Newsrack locations may be fi_creed upon by mutual consent of the City., publishers and distributors. (10`} Fixture Placement: Movable fixtures shall not be placed on any roadway, bike path or swale area in front of. to the rear of. or to the side of a single family residence within the City_. (FI Insurance and Indemnification: (I'} Insurance. Every. publisher or distributor who places or maintains a newsrack on a nublic right-of-way or public property, shall nrovide to the Code Enforcement Administrator a current certificate of insurance, naming the City_ as an additional insured on October 1st of each year. Such insurance shall be comorehensive general liability_ or commercial general liability_ coverage on a form no more restrictive than the latest edition of the Comprehensive General Liability. Policy or Commercial General Liability filed by the Insurance Services Office. Minimum limits of total coverage shall be $300.000.00 per occurrence combined single limit for Bodily Injury_ Liability_ and Property. Damage Liability.. Reasonable evidence of equivalent self-insurance coverage may be substituted by the applicant for the above certificate of insurance, subject to the approval of the City's Risk Manager. Insurance under this section shall run continuously with the presence of the applicant's newsrack(s`} in the City's fight-of-way, and any termination or lapse of such insurance shall be a violation of this Section. subject to the appropriate remedy by the Code Enforcement Division under Chapter 37 of the City's Code of Ordinances and the Enforcement provisions of this Chapter. (2) Indemnification. Every_ publisher or distributor who places or maintains a newsrack on a public right-of-way, public sidewalk, street, or swale in the City_. shall execute and deliver a written a_m'eement under which it agrees to indemnify, hold harmless and defend the City_. its officers, agents and employees from any loss. liability_, or damage SUstained by any person as a result of the installation, use and/or maintenance of a newsraek within the City_. This shall not be construed to affect in any way the Ci_ty's rights, privileges, and immunities as set forth in Section 768.28. Florida Statutes. 11 ORD NO. 27-96 Abandonment: (1) In the event a newsrack remains em_oW for a period of 30 continuous days. it shall be deemed abandoned, and may be treated in the same manner as provided in 102.40 (I-I) below for movable fixtures in violation of the provisions of this subchapter. (2) If the controlling entity_ is not identified on the movable fixture, it will be considered abandoned and posted as such. (3) If the newsrack is placed at a City_ facility_ in a location not previously approved, it will be considered abandoned and posted as such. (H~ Enforcement: (1) Correction of Violation: Upon determination by a Code Enforcement Officer that a movable fixture has been installed, used. or maintained in violation of Section 102.40. and order to correct the violation shall be issued to the controlling entity_. If the newsrack is considered abandoned, an order will not be issued. (2'} The order to correct the violation shall specifically describe the violation and may suggest actions necessary, to correct the condition or violation. Such order shall be mailed by certified mail return receipt requested to the controlling entity.. (3) Failure to properly correct the violation within 15 days of the receipt of the order, shall result in the offending movable fixture being removed by the City_. Any movable fixture removed by the city_ thereunder shall be stored at the controlling enti .ty's expense for a period of 30 days. The movable fLxmre shall be released uoon a proper showing of ownership and pa_vment of removal, administrative, and storage charges. The administrative charge is $55.00 and the storage charge is $2.00 per day. up to a maximum of 30 days. In the event the movable fLxmre is not claimed within the 30 day period, the movable fixture may be sold at public auction and the proceeds applied first to removal. administrative and storage charges, and the remainder, if any. then paid into the General Fund of the City_. (4) If the movable fixture is posted as abandoned and not removed within 7 days from the date of posting, or the City is not contacted by the controlling entity, within 7 days from receipt of an order to correct the violation, the City_ may remove the movable fixture immediately. The City_ shall store the movable fixture for 30 days and if not claimed within that time. the entity_ may dispose of the movable fixture in any manner it 12 ORD NO. 27-96 deems appropriate. If the movable fixture is claimed, the entity claiming the movable fixture shall pay for all removal, administrative and storage charges prior to release of the fixture. If the charges are not paid withir~ 15 days of claim being made. the City_ may dispose of the movable fixture. (5) At least ten days prior to the public auction, the City_ Clerk shall publish a description of the movable fixture, the location from where it was removed, and notice of the auction in a newspaper of general circulation in the city_. Any publication may includ~ multinle listings of movable fixtures. The City shall also provide the controlling entity. identified on the movable fixture, or if otherwise known, with written notification of the auction by certified mail. return receipt requested. Provided. however, that the City Manager. or his designee, may dispose of the movable fixture in any manner it sees fit. including negotiating the release of the movable fixture to the controlling enti _ty for less than full payment of all storage charges if the City_ Manager or his designee is of the oninion that such disposal will be more advantageous to the City_ than auctioning off the movable fixture. (6~ In the event the controlling entity_ appeals the order to correct the offending condition, as nrovided for in Subsection 102.40 (13 below, then removal of the movable fixture shall be stayed pending final dispositign of the appeal, which final disposition shall include any judicial review. The city_ shall reimburse the controlling entity_ any storage charges paid pursuant to an order issued by the city_ in the event the decision on the appeal is rendered favorable to the controlling entity, (1~ Appeals: Any person or controlling entity, aggrieved by any order, finding, or deter- ruination, taken under the provisions of this QrOinance. (hereinafter an appellant) may file an appeal with the Code Enforcement Board for the Ci.ty of Delray Beach. The appellant must effect their appeal within 15 days after receipt of the order mailed t0 the appellant pursuant to this ordinance. In order to effect the ap~al, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. A hearing before the Code Enforcement Board shall be scheduled on the appeal no later than 30 days following the receipt of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant shall be given at least 7 days written notice of the time and place of the hearing. The Board shall give the appellant and any other interested party_ a reasonable opportunity to be heard in order to show cause why the fixture is not violatine this ordinance. At the conclusion of the hearing the Board shall make a final and conclusive determination. The determination shall be reduced to writing and signed by the Board and filed in the Office of the City Clerk within 15 days of the hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective when rendered. The decision of the Board may be appealed as provided for by law. 13 OR.D NO. 27-96 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other that the part declared m be invalid. ~. That all ordinances or parts of ordinances which conflict herewith be and the same is hereby repealed. Section ~. That this ordinance shall become effective one hundred eighty (180) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,1996. ATTEST: MAYOR City Clerk First Reading. Second Reading 14 ORD NO. 27-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 ORDINANCE NO. 13-96 AN ORDINANCE OF TI-I~ CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, substantial growth in the number of newspaper operators and Newsracks in the City has produced a significant increase in the number of Newsracks installed in public rights-of-way; and WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services; and WltEREAS, the installation and placement of Newsracks in public rights-of-way has resulted in concerns by the public and City officials with regard to the safety, convenience and aesthetics thereof; and WHEREAS, the City Commission finds that there is a need to regulate and establish procedures regarding installation, placement maintenance and insuring of Newsracks within the City; and WHEREAS, the City Commission finds that such regulations and procedures governing Newsracks will serve to promote the health, safety, aesthetics and welfare of the citizens of Delray Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: S~tion 1. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use and Work in the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of- Way", of the City of Delray Beach Land Development Regulations is hereby amended to read as follows: Section 6.3.3 Movable Fixtures Within the Right-of-Way: (A) Purpose and Scope: FAILED ON 2ND/FINAL R~ADING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 The purpose of the following is to promote the public health, safe_ty and welfare through the re_eulation of placement, type. appearance, servicing, and insuring of newsracks on public rights-of-way so as to: (1) Provide for pedestrian and driving safe .t3, and convenience. Restrict unreasonable interference with the flow of pedestrian or vehicular traffic including in_re'ess into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles. Provide for public and property, safety, during hurricane conditions. Provide reasonable access for the use and maintenance of poles, posts. traffic signs or signals, hydrants, mailboxes and access to locations used for public transportation purposes. (5'} Relocate and/or replace newsracks which result in a visual blight and/or excessive space allocation on the public rights-of-way or which unreasonably ~Jetracl; from the aesthetics of store window displays, adjacent landscaping and other improvements, as well as to have abandoned newsracks removed. (6`} Maintain and protect the values of surrounding properties and prevent damage to grass right-of-way areas. (7`} Reduce unnecessary, exposure of the public to personal injury, or pro~rty damage. (8`} Treat all newspapers equally regardless of their size. content, circulation. or frequency of publication. (9) Maintain and preserve freedom of the press. (10) Cooperate to the maximum with newspaper distributors. lB) Definitions: For the purpose of this subsection the following definitions shall apply unless the context clearly indicates or requires a different meaning. "Advertising Circular." Any publication that contains only advertising and no news reports. "Auxiliary Lane." A turn lane or on-street parking area. 2 No. 13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 "Bike Path. ' That portion of a right-of-way improved, designed, or ordinarily used for bicycle traffic. ~Controlling Entity.' The person or entity responsible for placing and maintaining a movable fLxture, the owner of the movable fLxture, or the publisher of the newspaper vended within a newsrack. "Equivalent newsrack." Any newsrack which is of the same size. dimensions and sty_ le of the specified newsrack. ~Intersecting Sidestreet.' Any roadway or driveway on which traffic is required to stop prior to entering the intersection. ~Movable Fixture. ~ Any newsrack, bench, or other non-attached frxture. "Newsrack. ~ Any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, sale, or distribution of newspaper or other news periodicals or advertising circulars. "Paved Surfaces." Any hard maintained surface used or built for the purpose of transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to, asphalt, concrete, paver block, tree grates and/or rocks. "Public Agency." The City of Delray Beach, Palm Beach county, the State of Florida, its subdivisions, departments or authorized agents. "Right-of-Way." All that area dedicated to public use or otherwise owned by a public agency for public street purposes and shall include, but not be limited to, roadways, swales, bike paths, and sidewalks. 'Roadway. ' That portion of a right-of-way improved, designed, or ordinarily used for vehicular traffic. 'Sidewalk.~ Any surface within a right-of-way provided for the exclusive or primary use of pedestrians. (C) Certificate of Compliance Required: No person shall place, affix, erect, construct or maintain a newsrack without first providing a certificate of compliance for each newsrack in accordance with the provisions of this section. (1) Reviewing and Enforcement authority: The authority, responsible for reviewing the certificates of compliance and enforcing the terms of this section shall be the Code Enforcement Administrator or his/her designee. The Code Enforcement No. 13-96 3 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 administrator or his/her designee is responsible for fairly coordinating and administrating the physical placement of the newsracks. (2~ Certifications: The applicant shall file with the Code Enforcement Administrator a written certificate of compliance which shall contain the following (a) The name. address and telephone number of the applicant, who is the owner and/or principal responsible for the newsrack(s). (b) The name. address and telephone number of a responsible person whom the City may notify or contact at any time concernine the a~nlicant's newsrack(s). (c) The number of newsracks and the proposed location of each. (d) Names of newspapers or periodicals to be contained in each newsrack. (e) T.vpe or brand of newsracks, including an illustration and description of the newsrack and mount if other than a box ty_ pc. or a newsrack manufactured with modifications to the door. window and cabinetry, of the above-described newsracks to accommodate vertically-formatted ("Tabloid- ty_ pc") newspaper display and distribution, as per section 6.3.3 eEL (f) A certification that the newsrack is installed in conformance with the provisions of this ordinance in their entirety. (3) Verification of Certificate of Compliance: The Code Enforcement Administrator may verify, that the newsrack is in compliance with the provisions of this section. 4) Denial of Certificate of Compliance: If a certificate of compliance for newsrack location is incorrect, or the newsrack is not located, maintained, or installed in conformi .ty with the certification or this section, the certificate of compliance shall be deemed denied, and an order to correct the violationshall be issued pursuant to Section 6.3.3(4 D. No. 13-96 4 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 .(Dh General Placement of Newsracks; The publisher or distributor of any newspaper or written periodical distributed from any newsrack location within a cit3,' right-of-way shall notify_ the Code Enforcement Administrator or his/her desi_maee, in writing, of the location or change of location of any such newsrack by filing the certificate of compliance no later than 14 days after the placement or relocation of the newsrack, (C F.,) Standards for Newsrack Maintenance and Installation: Any newsrack which in whole or in part rests upon in or over any public property or right-of-way shall comply with the following standards: (1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24 inches in depth. (2) Newsracks shall be wide base. non-pedestal. K-JACK IC1-960. K J-860. SHO-RACK TK-80. or TK-500 newsrack or equivalent. If demand warrants, the newsrack may be a KJ-950D or equivalent. Manufactured modifications to the door. window, and cabinetry, for the above described newsracks to accommodate vertically- formatted. "tabloid ty. pe" newspaper display and distribution are acceptable. Under "warranted demand." a Newspaper Publishing Company may show that it is necessary. to include, with ordinary, demand, a reasonable percentage factor to accommodate peak yearly distribution in the quantit7 of newspapers dispensed. If the demand is warranted, the Ci.ty shall not unreasonably withhold approval of such proposal by the Newspaper Publishing company in accordance with Section 6.3.3(A~. (3} Newsracks shall have gloss black bases, forest green sides and door. and forest green coin box. coated per standard specifications. (4) Newsracks shall carry no card holders or advertising except the name of the newspaper being dispensed centered fifteen inches (15") from the top of the cabinet. with duplicate lettering on the front, sides and back of the cabinet, such lettering not exceeding two and one-half inches (2 1/2"~ in height. The above fifteen inch (15"~ dimension may be ad_lusted on the door by the manufacturer to accommodate modifications for vertically-formatted. "tabloid-Wpe" newsracks. ~.~ Coin operated newsracks shall be equipped with a coin return mechanism to permit a person wishing to purchase a newspaper or periodical to secure an immediate refund in the event the newsrack is inoperable. At all times, the coin return mechanism shall be maintained in good working order. L63 The controlling entity shall permanently affix to its newsracks a label which states a 24 hour operable telephone number of a working telephone service which the 5 No. 13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 customer may call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism. The label shall feature clearly on its face, the name and address of the distributor to give the notices provided for in this chapter. (D7) The controlling entity shall maintain each movable fixture in a neat and clean condition, and in good repair at all times. Each newsrack shall be maintained so that: (al It is reasonably free of graffiti: _(b) It is reasonably free of din and grease: (c) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof: (d) It is reasonably free of rust and corrosion in the visible metal areas thereon: (e) The clear plastic or glass pans thereon, if any. through which the publications are viewed are unbroken and reasonably free of cracks, delat~, blemishes, and discolorations. (t3 The paper or cardboard pans or inserts thereof are reasonably free of tears, are not peeling, or tearing: and (g) The structural parts are not broken or unduly misshapen. (~ The use of a bench for advertising purposes is strictly prohibited. ~ Any newsrack being installed, placed, or maintained on a public right-of-way, street or sidewalk shall be installed in a safe and secure manner so as to prevent the newsrack from being stolen or becoming a hazard in severe weather. At any time. the total weight of the newsrack and any weighting device shall not be less than one hundred twen _ty-five (125) pounds. (10) In the event of the issuance of a hurricane warning by any entity, with jurisdiction to issue such a waming, the newsrack shall be removed. ~ F) Prohibited Locations: (1) Landscaped Areas: Movable fixtures shall not be placed or installed or erected on any landscaped area within an improved public right-of-way. The landscaped areas include, but are not limited to, those areas in which the following ground cover materials placed: No. 13-96 6 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 (a) Decorative plants, or (b) Native plants maintained to match the surrounding flora, or (2) Public Utilities: Movable fixtures shall not be placed, installed, or erected to obstruct the use of any public utility pole or structure. These areas are designated as follows: (a) Drainage structures: Movable fixtures shall not be physically attached, chained, or bolted to any drainage structure, inlet pipe, or other physical object meant to carry water for drainage purposes; (b) Utility Poles: Movable fixtures shall not be physically attached, chained, or bolted to a utility pole; (c) Fire Hydrants: Movable fixtures shall not be located within 15 feet of a fire hydrant (3) Traffic Control Devices: Movable fixtures shall not be physically attached, chained, bolted, or erected to obstruct the function of traffic signals, traffic signs or pavement markings. These areas shall be designated as follows: (a) Traffic signals. (1) Movable fixtures shall not be physically attached, bolted, or chained to a traffic signal pole. (2) Movable fixtures shall not be placed in such a manner which obstructs the free pedestrian flow to and from a pedestrian traffic signal push button. In order to allow for the free pedestrian flow, and handicap access, to and from pedestrian traffic signal push buttons, movable fixtures shall be placed at least 36 inches away from such pedestrian traffic signal push buttons. (b) Traffic signs. Movable fixtures shall not be physically attached, bolted, or chained to a traffic sign or post used for the support of a traffic sign or signs. (4) Paved Surfaces: No moveable fixture shall be placed, installed, or erected directly on a paved surface which is intended primarily for the use of motor vehicles. (5) Sidewalk: Movable fixtures placed or maintained on a sidewalk shall leave a clear area for traffic of not less than 40 inches. 7 No. 13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 (6) Bike Path: Movable fixtures which are placed or maintained on a bike path shall leave a clear area for traffic of not less than 8 feet. (7) Clear Zones: Movable fixtures shall not be installed, placed or erected within clear zones as defined in this section. Clear zones are defined as follows: (a) The area measured within four feet of the face of a six inch high vertically faced curb. Where the four foot minimum is impractical, the mhaimum may be reduce to 2 1/2 feet. (b) In ali other locations, the movable fixture shall be located no less than ten (10) feet away from the edge of the pavement. If there is not ten (10) feet available, the movable fixture shall be located as far away from the edge of the pavement as possible (8) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected within the sight areas def'med in this section. For purposes of this section, sight areas extend vertically from a point commencing 3 feet above the payment elevation, and encompass the triangular area of property located at a comer formed by the intersection of two or more public right-of-way, with two sides of the triangular area extending forty feet from their point of intersection along the edge of roadway, and the third side being a line connecting the ends of the other two lines. (See Figure 1). All obstructions to the required sight distance shall be removed within the area shown in Figure 1. Figure 1 Typical Intersection (not to scale) (9) Other Areas: Movable fixture shall not be placed, installed, or erected in any of the areas defined in this section. No. 13-96 8 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 (a) The area within 50 feet of any railroad track. (b) On any city property unless the location has been specifically designated by the City Manager or any authorized representative. (1) The City Manager or the duly authorized City representative shall designate locations at City facilities for the placement of movable fixtures. (2) The City shall prepare a map for each City facility illustrating the designated locations for the placement of movable fixtures. The location maps shall be available for inspection at the office of the City Clerk. (3) Movable fixtures which are placed at City Facilities are subject to the same abandonment and enforcement provisions included in Sections 6.3.30~ t:D and (13 I) Improperly placed movable fixtures shall be considered abandoned movable fixtures. (c) The area within the medians of a divided roadway. (10) Fixture Placement: Movable fixtures shall not be placed on any roadway, bike path or swale area in front of. to the rear of. or to the side of a single family residence within the City. Insurance: Every. publisher or distributor who places or maintains a newsrack on a public right-of-way shall provide to the Code Enforcement Administrator a current certificate of insurance on October 1st of each year. Reasonable evidence of equivalent self- insurance coverage may be substituted by the applicant for the above certificate of insurance, subject to the approval of the City's Risk Manager. Insurance under this section shall run continuously with the presence of the applicant's newsrack(s) in the City's right-of-way, and any termination or lapse of such insurance shall be a violation of this Section. subject to the appropriate remedy by the Code Enforcement Division under Chapter 37 of the City's Code of Ordinances and the Enforcement provisions of ~ It). Abandonment: (1) In the event a newsrack remains empty for a period of 30 continuous days, it shall be deemed abandoned, and may be treated in the same manner as provided in 6.3.3. (-G I)below for movable fixtures in violation of the provisions of this subchapter. 9 No. 13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 (2) If the controlling entity is not identified on the moveable fixture, it will be considered abandoned and posted as such. (G I) Enforcement: (1) Correction of Violation: Upon determination by a Code Enforcement Officer that a movable fixture has been installed, used, or maintained in violation of Section 6.3.3, and order to correct the violation shall be issued to the controlling entity. (2) The order to correct the violation shall specifically describe the violation and may suggest actions necessary to correct the condition or violation. Such order shall be mailed by certified mail return receipt reqUested to the controlling entity. (3) Failure to properly correct the violation within 15 days of the receipt of the order, shall result in the offending movable fixture being removed by the City. Any movable fixture removed by the city hereunder shall be stored at the controlling entity's expense for a period of 30 days. The movable fixture shall be released upon a proper showing of ownership and payment of any and all storage charges. In the event the movable fixture is not claimed within the 30 day period, the movable fixture may be sold at public auction and the proceeds applied first to removal, administrative and storage charges, and the remainder,, if any, then paid into the General Fund of the City. (4) If the movable fixture is posted as abandoned and not removed within 7 days from the date of posting, or the City is not contacted by the controlling entity within 7 days from receipt of the order, the City may remove the movable fixture immediately. The City shall store the movable fixture for 30 days and if not claimed within that time, the entity may dispose of the movable fixture in any manner it deems appropriate. If the movable fixture is claimed, the entity claiming the movable fixture shall pay for all removal, administrative and storage charges prior to release of the fixture. If the charges are not paid within 15 days of claim being made, the City may dispose of the movable fixture. (5) At least ten days prior to the public auction, the City Clerk shall publish a description of the movable fixture, the location from where it was removed, and notice of the auction in a newspaper of general circulation in the city and shall provide the controlling entity identified on the movable fixture, or if otherwise known, with written notification of the auction by certified mail, return receipt requested. Provided, however, that the City Manager, or his designee, may dispose of the movable fixture in any manner it sees fit, including negotiating the release of the movable fixture to the controlling entity for less than full payment of all storage charges if the City Manager or his designee is of the opinion that such disposal will be more advantageous to the City than auctioning off the movable fixture. 10 No. 13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 FAILED ON 2ND/FINAL READING - JULY 23, 1996 (6) In the event the controlling entity appeals the order to correct the offending condition, as provided for in Subsection 6.3.3 (G_i), below, then removal of the movable fixture shall be stayed pending final disposition of the appeal, which final disposition shall include any judicial review. The city shall reimburse the controlling entity any storage charges paid pursuant to an order issued by the city in the event the decision on the appeal is rendered favorable to the controlling entity. ~ J) Appeals: Any person or controlling entity aggrieved by any order, f'mding, or determination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an appeal with the Code Enforcement Board for the City of Delray Beach. The appellant must effect their appeal within 15 days after receipt of the order mailed to the appellant pursuant to this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. The Code Enforcement Board shall hold a hearing on the appeal no later than 30 days following the receipt of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant shall be given at least 7 days written notice of the time and place of the hearing. The Board shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the fixture is not violating this ordinance. At the conclusion of the hearing the Board shall make a final and conclusive determination. The determination shall be reduced to writing and signed by the Board and filed in the Office of the City Clerk within 15 days of the hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective when rendered. The decision of the Board may be appealed as provided for by law. ~. 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 that the part declared to be invalid. ~. That all ordinances or parts of ordinances which conflict herewith be and the same is hereby repealed. ~. That this ordinance shall become effective one hundred eighty (180) days after its passage on second and Em. al reading. PASSED AND ADOPTED in regular session on second and f'mal reading on this the ~ day of ,1996. MAYOR ATTEST: First Reading. City Clerk Second Reading. newsrac2.ord 11 No. 13-96 FAILED ON 2ND/FINAL READING - JULY 23, 1996 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~?~i SUBJECT: AGENDA ITEM $ /O'C'- MEETING OF JULY 23, 1996 SECOND READING/PUBLIC MEARING FOR ORDINANCE NO. 25-96 (AMENDMENT TO THE MARINA DELRAY SPECIAL ACTIVITIES DISTRICT) DATE: JULY 19, 1996 This is second reading and public hearing for Ordinance No. 25-96 which amends the SAD (Special Activities District) Ordinance (No. 31-95) for Marina Delray to modify the schedule for completion of the associated improvements. The subject property is located at the southeast corner of George Bush Boulevard and Palm Trail. On June 2, 1995, the City Commission granted rezoning and attendant site plan approval to reestablish the SAD (Special Activities District) via Ordinance No. 31-95, subject to conditions as well as an improvement schedule set forth in Section 4 of the ordinance (copy attached). The schedule has not been met, although certain improvements have been made including the swimming pool, second floor awning, building renovations to accommodate the second floor apartment, and facade improvements (painting). While the applicant has experienced delays, staff has continued to work with the applicant to obtain compliance. The proposed change to the improvement schedule will allow for the continuation of the use and conditions of approval to be addressed. The schedule proposed in the subject ordinance should help prevent further delays with the installation of improvements. The Planning and Zoning Board considered the request at a public hearing on June 17, 1996. There was no public testimony. The Board unanimously recommended approval of the amended improvement schedule. At first reading on July 9th, the Commission voted 3-2 (Commissioner Ellingsworth and Mayor Alperin dissenting) to pass the ordinance. Recommend approval of Ordinance No. 25-96 on second and final reading. ORDINANCE NO. 25-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 31-95 BY REPEALING SECTION 4. IN ITS ENTIRETY AND ENACTING A NEW SECTION 4. TO MODIFY THE SCHEDULE FOR COMPLETION OF THE IMPROVEMENTS ASSOCIATED WITH THE REESTABLISHMENT OF THE MARINA DELRAY SAD (SPECIAL ACTMTIES DISTRICT) , LOCATED AT THE SOUTHEAST CORNER OF GEORGE BUSH BO~ AND PALM TRAIL; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on June 20, 1995, the City Commission approved Ordinance No. 31-95 which reestablished the Special Activities District (SAD), subject to conditions, for property known as Marina Delray and located at the southeast corner of George Bush Boulevard and Palm Trail; and WHEREAS, Section 4. of Ordinance No. 31-95 provided that the develolmuent of and improvements to the subject property were to be in accordance with a specified improvement schedule; and ~WHEREAS, the applicant has sut~uitted a request to amend the approved improvement schedule; and WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and Zoning Board reviewed the subject matter at public hearing on June 17, 1996, and voted unanimously to forward the change with a recommendation of approval; WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY ~SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. ~nat Section 4. of Ordinance No. 31-95 be, and the same is hereby repealed in its entirety, and a new Section 4. of Ordinance No. 31-95 is hereby enacted to read as follows: Section 4. That the develo~ent of and improvements to the subject property described in Section 1, above, shall be in accor~znce with the following improvement schedule: * That within thirty (30) days from second reading of Ordinance No. 25-96, permit applications must be sutmmitted to the Community Improvement Department (Building) for the associated improvements (i. e. removal of excess paving, installation of parking/landscaping, sidewalks, fencing and dumpster enclosure); and * That within ninety (90) days from the issuance of the permits, installation of the associated improvements ( i.e. parking/landscaping, sidewalks, fencing and dumpster enclosure) must be completed. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become ~ffective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 23rd day of July , 1996. t~ty C-1 er~ ' First Reading July 9, 19 9 6 Second Reading July 2 3, 19 9 6 - 2 - Ord. No. 25-96 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR ~~ DE~.J~RTMENT OF PLANNING AND ZONING FROM: PAUL DORLING PRINCIPAL PLANNER SUBJECT: MEETING OF JULY 9, 1996 APPROVAL OF ORDINANCE NO. 25-96 AMENDING THE MARINA DELRAY SAD (SPECIAL ACTIVITIES DISTRICT), LOCATED AT THE SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND PALM TRAIL. The action requested of the City Commission is that of approval of an amendment to the SAD (Special Activities District) for Marina Delray, pursuant to LDR Section 2.4.5(D). The subject property is located at the southeast corner of George Bush Boulevard and Palm Trail, within the SAD (Special Activities District) zone district. At its meeting of June 20, 1995, the City Commission granted rezoning and attendant site plan approval to re-establish the SAD (Special Activities District) for Marina Delray via Ordinance No. 31-95. The proposal included a site plan which provided: parking (11 spaces) and landscaping improvements; reservation of right-of-way along George Bush Boulevard; dedication of right-of-way along Palm Trail; installation of a water main and fire hydrant; elimination of excess paving within the adjacent street rights-of-way; screening of the existing boat racks; installation of an awning over the 2nd floor terrace; renovations to the building to accommodate a 2nd floor apartment; and, installation of a swimming pool. City Commission Documentation Amendment to SAD Ordinance No. 31-95 for Marina Delray Page 2 Concurrently, the approval was conditioned on the following improvement schedule which was sought by adjacent property owners, who were frustrated by the lack of progress made in completing improvements under the marina's previous ownership: · That within 45 days from second reading of the SAD ordinance, Site Plan Review and Appearance Board (SPRAB) approval must be obtained for the proposed landscaping; · That within 30 days from the SPRAB approval permit applications must be submitted to the Community Improvement Department (Building) for the associated improvements i.e. parking/landscaping, water main and fire hydrant.; and, · That within 90 days from the issuance of a building permit, installation of the associated parking/landscaping, water main and fire hydrant must be completed. The above improvement schedule has not been met. Certain improvements have been installed including the swimming pool, second floor awning, building renovations to accommodate the second floor apartment, and facade improvements. SPRAB has approved the site/landscape plans, however, the improvements have not been made, nor have permits for the improvements been issued. The Fire Department has since determined that the water main upgrade and fire hydrant are not necessary. The applicant has submitted a justification statement regarding the basis for the delay in obtaining the various approvals and the installation of improvements. In summary, the previous consultant was dismissed and new consultants (architect, engineer, landscape architect) had to be hired to redraw the plans. The request before the City Commission is to amend the improvement schedule and eliminate the language which pertains to the installation of a water main and fire hydrant. The following amended improvement schedule is proposed: That within 30 days from second reading of Ordinance No. 25-96, permit applications must be submitted to the Community Improvement Department (Building) for the associated improvements (i.e. removal of excess paving, installation of parking/landscaping, sidewalks, fencing and dumpster enclosure); and, That within 90 days from the issuance of the permits, installation of the associated improvements (i.e. parking/landscaping, sidewalks, fencing and dumpster enclosure) must be completed. City Commission Documentation Amendment to SAD Ordinance No. 31-95 for Marina Delray Page 3 The Planning and Zoning Board considered the request at a public hearing on June 17, 1996. No one from the public spoke for, or against the proposal. The Planning and Zoning Board recommended approval of the improvement schedule recommended by staff on a unanimous 7-0 vote. By Motion, approve Ordinance No. 25-96 amendment the Marina Delray SAD based upon positive findings with the policies of the Comprehensive Plan, and Chapter 3 of the Land Development Regulations, incorporating the new improvement schedule as provided in the attachment. Attachments: El Stdke Through and Underline of Changes Location Map El Copy of Ordinance No. 31-95 S:PLANNI/DOCUME/REPORT/CCMARINA.DOC The proposed modifications to Section 4 of Ordinance No. 31-95 are as follows: Section 4. That the development of and improvements to the subject property described in Section 1, above, shall be in accordance with the following improvement schedule: v,~v , ,.M,, , ~v,,~,.-,, ~,,~ · ~l~l..v.M,~, ,v~-, ,..-v~.~, ~ ~v, , -., ~1 ~1.~..* vv.M, ,,,~ ~ · That within thirty (30) days from second reading of Ordinance No. 25-96, permit applications must be submitted to the Community Improvement Department (Building) for the associated improvements (i.e. removal of excess paving, installation of parking/landscaping, sidewalks, fencing and dumpster enclosure); and, · That within ninety (90) days from the issuance of the permits, installation of the associated improvements (i.e. parking/landscaping, sidewalks, fencing and dumpster enclosure) must be completed. ORDINANCE NO. 31-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REESTABLISHING THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION FOR A-PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND PALM TRAIL KNOWN AS MARINA DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; GRANTING SITE PLAN APPROVAL WITH CERTAIN CONDITIONS; PROVIDING FOR AN IMPROVEMENT SCHEDULE FOR THE INSTALLATION OF IMPROVEMENTS TO THE SITE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS,-on December 12, 1989, the City CommisSion approved. Ordinance No. 73-89 which established a Special Activities District (SAD), subject to Conditions, for the property hereinafter described; and WHEREAS, the SAD conditions of approval pursuant to Ordinance No. 73-89 were never addressed and site improvements were not installed; and WHEREAS, the Special Activities District (SAD) was never established and expired as of June 12, 1991; and WHEREAS, on April 7, 1995, an application to reestablish the SAD (Special Activities District), including an attendant site plan to accommodate a marina and accessory uses, was submitted for review and consideration; WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and Zoning Board reviewed the subject matter at public hearing on May 15, 1995, and voted 6 to 0 to recommend that the request be approved, subject to conditions; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is' consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1.' That the following described property in the City of Delray Beach, Florida, is hereby zoned and reestablished in the SAD (Special Activities District) as defined in Section 4.4.25 of the Land Development Regulations of the City of Delray Beach, to-wit: Ail of a tract of land, less the South 250 feet " thereof, situate, lying and being in Section 9, Township 46 South, Range 43 East, Palm Beach County, Florida, and more particularly described as follows: From the Quarter Section corner of the South boundary of Section 9, Township 46 South, Range 43 East, run North 0 degrees 13' 20" East, a distance of 1,746.55 feet along the Quarter Section line to a point on the North boundary of Lot 6, Model Land Company's Plat of said Section 9, as recorded in Plat Book 8 at Page 40 in the Public Records of Palm Beach County, Florida; thence easterly at an angle measured from North to East 89 degrees 23', a distance of 591.06 feet to a point; thence in a southerly direction at an angle measured from East to South of 96 degrees 24' 24" for a distance of 33.21 feet to the point of beginning of this description; thence from the point of beginning run in a southerly direction at an angle of 175 degrees 06' 03", measured from North to East to South a distance of 465.73 feet along the East line of Palm Trail to a point in the South boundary line of said Lot 6; thence in an Easterly direction at an angle of 88 degrees 30' 13" measured from North to East, along the Southern boundary of said Lot 6 a distance of 201.52 feet to a point of intersection with the West right-of-way line of the Intracoastal Waterway; thence in a Northerly direction at an angle of 98 degrees 07' 01", measured from West to North along said right-of-way line a distance of 470.42 feet; thence in a Westerly direction at an angle of 81 degrees 52' 19" measured from South to West a distance of 255.58 feet to the point of beginning. The subject property is located at the southeast corner of George Bush Boulevard and Palm Trail; containing 1.14 acres, more or less. ~ That the uses allowed for the subject property described in Section 1, above, pursuant to Section 4.4.25(B) of the Land Development Regulations of the City of Delray Beach, Florida, shall be as follows: * Full Service Marina, excluding restaurants * In/out dry storage * Sale of fuel for boats only * Small marine engine repair and sales - 2 - Ord. No. 31-95 * Sale of bait, beverages and miscellaneous convenience items * In water dock rental * Charter boat rentals * New and used boat sales * Fabrication of boat tops and canvas w~rk (restricted only to storage and dockage clients) * Marine towing services * One residential dwelling unit, to be occupied by the property owner, business owner, proprietor or employee with a garage and swimming pool as an accessory use to the residence ~ That the development of and improvements to the' subject property described in Section 1, above, shall be in accordance with the site plan and attendant conditions as recommended for approval by the Planning and Zoning Board on May 15, 1995, and as approved by the City Commission on the date that this ordinance is passed and adopted on second and final reading. ~ That the development of and improvements to the subject property described in Section 1, above, shall be in accordance with the following improvement schedule: * That within forty-five (45) days from second reading of this Ordinance No. 31-95, Site Plan Review and Appearance Board (SPRAB) approval must be obtained for the proposed landscaping; * That within thirty (30) days from the SPRAB appro%al, permit applications must be submitted to the Community Improvement Department (Building) for the associated improvements (i.e. parking/landscaping, water main and fire hydrant); and * That within ninety (90) days from~ the issuance of a building permit., installation of the associated parking/landscaping, water main and fire hydrant must be completed. ~_~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 3 - Ord. No. 31-95' ~ 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 pa~t declared t~ be invalid. ~ That this ordinance shall become effective on August 1, 1995. PASSED AND ADOPTED in regular session on second and final reading on this the 20th day of June, 1995. ATTEST: First Reading June 6, 1995 Second Reading June 20, 1995 - 4 - Ord. No. 31-95. LAKE AVENUE S. BOND WAY WITHERSPOON LANE McKEE LN. I WATERWAY NORTH CONDO "" I INLET ~ ICOVE COND I GEORGE BUSH BOULEVAR[ GEORGE THE I I I I I I ST. VlNCENT'S LANDINGS N.E. 7TH CT. CHURCH N.E. 7TN ST. ""J ACURA ~:~ M.S.A. M.S.A. TRACT OF I.--- TRACT DELRA Y BEA CH N.E. 6TH ST, N.E. 5TH ST. WAL - GREENS I.F'. S BEACH DRIVE PLANNING DEPARTMENT OTY O~ DELRAY SE:ACH, FI. -- OlGIl*.4{. J,A$&"' MA,o SYSTEM -~ MAP REt: LM072