08-20-96 Regular,
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
COMMISSION C~AMBERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. Ail
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
Regular Commission Meeting
August 20, 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 does
not provide or prepare 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 August 6, 1996
6. Proclamations: None
7. Presentations: None
8. Consent Agenda: City Manager recommends approval.
A. ADDENDUM NO. 2 TO SERVICE AUTHORIZATION NO. 1/SHEREMETA
ASSOCIATES, INC.: Approve Addendum #2 to Service Authorization
#1 to the contract with Sheremeta Associates for services in
conjunction with the Highland Beach Force Main reconstruction
project, in the amount of $26,983.88 from 442-5178-536-63.92
through budget transfer from 442-5176-536-63.51.
B. SETTLEMENT/CITY V. CARY: Approve settlement of the referenced
eminent domain matter as recommended by the City Attorney.
C. RESOLUTION NO. 63-96: Adopt a resolution assessing costs for
abatement action required to remove nuisances on 14 properties
throughout the City.
D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Historic Preservation
Board during the period August 5 through 16, 1996.
E. AWARD OF BIDS AND CONTRACTS:
1. Purchase of 18 submersible lift station pumps under the
City's annual contract with Southeastern Pumps, in the
amount of $42,476 from 442-5178-536-61.83.
Regular Commission Meeting
August 20, 1996
2. Award multiple annual contracts through Palm Beach County
Co-op bid, for road cOnstruction materials at an estimated
annual cost of $81,811.25 from various Streets and
Construction Divisions.
3. Bid award to Handex of Florida, Inc. for the removal of
known tanks, exploration for and removal of unknown tanks,
and other miscellaneous items at the Seacrest property, in
the amount of $23,900 from 334-6111-519-62.19 through
budget transfer from Prior Year Reserves.
4. Bid awards through the Community Development Block Grant
Program; $19,414.50 to Henry Haywood for a housing
rehabilitation project at 221 N.W. 4th Avenue; $19,372.50
to Intercontinental Construction for 1411 S.W. 4th Street;
$16,878.75 to South Florida Construction for 336 S.W. 8th
Avenue; and $15,897.00 to Abisset Corporation for 336 S.
Swinton Avenue, from 118-1963-554-49.19.
9. Regular Agenda:
A. SPECIAL EVENT REQUEST/HARVEST FEST: Consider a request from
the Chamber of Commerce for special event approval to include
street closure, sign waiver, staff support, and 50/50 overtime
cost split, for the 9th Annual Harvest Fest to be held on
November 16-17, 1996.
B. REJECTION OF BID AND AUTHORIZATION TO RE-BID: Consider
rejecting all bids received for the purchase on an ozone
generator and an air preparation unit for Environmental
Services (Public Utilities Maintenance), and authorize staff to
revise the specifications and re-bid the project.
C. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD:
Appoint a member (layperson) to the Site Plan Review and
Appearance Board for a two year term ending August 31, 1998.
The appointment will be made by Commissioner Randolph.
D. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate
member to the Board of Adjustment to fill an unexpired term
ending August 31, 1997. The appointment will be made by
Commissioner Ellingswortho
E. THIS ITEM HAS BEEN REMOVED.
F. RESOLUTION OF ACCESS ISSUES/CONCEPTUAL CONSIDERATION: Consider
the proposed resolution of the access issues concerning the
Sned/Tate parcels.
G. FY 1996/97 WATER AND SEWER FUND BUDGET:
-3-
Regular Commission Meeting
August 20, 1996
10. Public Hearings:
A. SALE OF CITY-OWNED PROPERTY (HOPE 3 PROGRAM)/SIMMONS: Consider
approval of the Contract for Sale and Purchase between the City
and Anthony and Shuntell Simmons for property located at 511
Angler Drive in the Delray Shores Subdivision, through the HOPE
3 Program.
B. SALE OF TWO CITY-OWNED PROPERTIES UNDER THE RENAISSANCE
PROGRAM: Consider approval of the Contracts for Sale and
Purchase to convey two properties as subsidy for eligible
applicants under the City's Housing Renaissance Program in the
amount of $9,500 each; Lot 2, Block 22, Town of Delray to
Jeffery and Veronica Bowleg, and Lot 3, Block 22, subdivision
of the north 1/2 of Block 22, Town of Linton to Deborah Bell.
C. ORDINANCE NO. 29-96: An ordinance repealing Section 101.01,
"Charges for Use of Tennis Center", of the City Code and
enacting a new Section 101.01 to provide that the rates and
charges for use of the tennis center shall be established by
the City Commission on an annual basis.
1. FY 1996/97 POLICIES AND RATES FOR MUNICIPAL TENNIS CENTER:
Consider approval of the operating policy and proposed FY
1996/97 rates for the Municipal Tennis Center.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 30-96: An ordinance amending Chapter 56,
"Stormwater", to delete references to the interim method of
collection, and to provide that Lake Worth Drainage District
(LWDD) exempt properties are identified through LWDD boundary
maps. If passed, public hearing September 3, 1996.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
MEMOR_~NDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA ITEM ~ ~A - MEETING OF AUGUST 20, 1996
ADDENDUM NO. 2 TO SERVICE AUTHORIZATION NO. 1/SHEREMETA
ASSOCIATES, INC.
DATE: AUGUST 16, 1996
This is before the Commission to approve Addendum #2 to Service
Authorization #1 to the contract with Sheremeta Associates for
services in conjunction with the Highland Beach Force Main
reconstruction project.
Addendum No. 2 is to provide the construction phase services for
Phase I of the project. The total fee for this addendum is
$26,983.88. The total for Service Authorization No. 1 (including
this addendum) is $83,499.68.
Recommend approval of Addendum No. 2 in the amount of $26,983.88.
Funding is available from Renewal and Replacement - Highland
Beach Sewer Main (Account No. 442-5178-536-63.92) through budget
transfer from Renewal and Replacement - Sewer Mains (Account No.
442-5176-536-63.51).
Agenda Item No.:__
AGENDA REOUEST
Date: August 13, 1996
Request to be placed on:
xx__ Regular Agenda
__ Special Agenda
__ Workshop Agenda When: Aogust_ 20. 1996
Description of item (who, what, where, how much) Staffrequests Commission approval of Addendum
No. 2 to Service Authorization No. 1 for Sheremeta Associates, Inc. in the amount of $26,963.88 for
provision of construction phase services in conjunction with Phase I of the Highland Beach Force Main
Replacement ProjeCt (PN 95-032). This addendum will bring total engineering fees to date for the project
to $83,499.68, equivalent to approximately 9% of current construction cost estimates. Funding is from
R&R account #442-5178-536-63.92, Highland Beach Sewer Main (budget transfer attached).
ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YES/~
Recommendation: Staffrecommends approval of Addendum No 2 to Service Authorization No I for
Sheremeta Associates, Inc ~~ ~
Department Head Signature: _z~.J///~ _ /~5/~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (~red on all items involving expenditure of funds): Funding availabl~fNO
Funding alternatives ~/.~- ,. (if applicable)
Account No. &Des. criptiontprt~-~'-/'7~- 53/r-
Account Balance
City Manager Review:
Approved for agenda:/~S//NO
Agenda Coordinator Review:
Received
Placed on Agenda:
Action
Approved/Disapproved
file: s;/eng/eng/proj/9 5 3 2/o ff/agenbudg.doc
F1EGt:iVED
MEMORANDUM ~ITY I~,~ ~ ........ nrr?.~
TO: David T. Harden
City Manager (~
FROM: Richard C. Hasko, P.E.
Asst. City Engineer
DATE: August 13, 1996
SUBJECT: SHEREMETA ASSOCIATES, INC.
ADDENDUM NO. 2 TO SERVICE AUTHORIZATION NO. 1
HIGHLAND BEACH FORCE MAIN RECONSTRUCTION
PROJECT NUMBER 95-032
In ~iccordance with the conditions of Service Authorization No. 1 to Sheremeta
Associates, Inc. for consulting services in conjunction with the reconstruction of the
Highland Beach Force Main, Addendum No.2 to the contract has been submitted for
provision of construction phase services for Phase I of the project. The total fee for this
Addendum is $26,983.88 and the total for Service Authorization No. 1 (including this
addendum) is $83,499.68. Current Engineering cost estimates for the project are as
follows:
o Phase I Force Main (Casuarina & Venetian to Hibiscus & A-l-A)
1. Force Main Replacment $355,278.00
2. Water Main Upgrade (Seagate) 101.415,00
TOTAL PHASE I $456,693.00
o Phase II Force Main (Hibiscus & A-1-A to City Limit)
1. Force Main Replacement $466.620.00
TOTAL PROJECT ESTIMATE $923,313.00
Approval of this Addendum will bring project engineering fees to 9.04% of current
estimated construction cost. Additional fees anticipated will be for permitting, bidding
and negotiation and construction administration for Phase II of the project currently
scheduled for FY 96/97.
Funding for this expense is from R&R Account #442-5178-536-63.92, Highland Beach
sewer Main (Budget transfer attached).
Please place this item on the August 20, 1996 Agenda for consideration by Commission.
RCH/gm
Att:2
cc:' William H. Greenwood, Director of Environmental Services
file: Project - 95-032
file: s :/eng/eng/proj/9532/off/agenbudgdoc
SB'EREMETA ASSOCIATES, INc.
CITY OF DELRAY BEACl~
EX'I~RIT A
CONSULTING SERVICE AUTHORIZATION
CITY PROJECT NO. 95-032
DATE: July 30, 1996 SAI PROJECt NO. 95193.820
SERVICE AUTH. NO. 1 (Addendum #2) FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 442-5178-536-6392
TITLE: Highland Beach Force Main Replacement - Phase I
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the Contract.
TITLE: Agreement for General Civil/Sanitary Consulting Services
I. PROJECT DESCRIFFION
Construction Phase...
Il. SCOPE OF SERVICES
Basic Construction Phase services as defined under Section Ill - E of Agreement
with City and as outlined under attached Exhibit "B".
III. BUDGET
Lump Sum - $ 26,983.88
See Exhibit B
IV. COMPLETION DATE
Substantial Completion of Construction Contract as defined in project
specifications.
Page 1 of 2
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 encompassed 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 terminate the contract
without incuning 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: Sheremeta Associates, Inc.
CITY OF DELRAY BEACH Date
Jay Alperin, Mayor
Witn~
Attest: STATE OF Florida
COUNTY OF Palm Beach
: The foregoing instrument was
ackno, wledged before_me this
Approved as to Legal ~~ day of J~ ,
Sufficiency and Form /~ by Richard W~ Sheremeta
President (name of
officer or agent, title of
officer or agent), of
Sheremeta Associates, Inc.
(name of corporation
acknowledging), a Florida
corporation, on behalf of the
corporation. He~ is
personally known to me and did
not take an oath.
~nature' of Person Taking
Acknowledgement ' '
Signature of Acknowledger Typed,
Prin~~_~
Page 2 of ~ cc II
SAI # 95193.820
Date: July 30, 1996
S¥1'F~REMETA ASSOCIATES, INC.
CITY OF DELRAY BEACH
EXI~RIT B
Consulting Service Authorization No: 1 - Addendum
Title: Highland Beach Force Main Replacement
Contract: Agreement for General Civil/Sanitary Consulting Services
III. Budget (See Exhibit A, Page I):
A. Office - Preconstmction Meeting; Shop Drawings; Coordination/Scheduling;
Pay Estimates; Conflict Resolution; Final Certification.
Principal - 15.00 hrs. x 93.75 ........... $1,406.25
Project Engr. - 20.00 hrs. x 55.50 ........ 1,110.00
Proj. Coord/Adm. - 24.00 hrs. x 45.00 ...... 1,080.00
Clerical - 24.00 hrs. x 30.00 ............. 720.00
Subtotal $ 4,316.25
B. Field -
1) General Observation:
Principal - 24 wks. x 1 hr./wk, x 93.75 .... $ 2,250.00
Project Engr. - 120 days x 3 hr./day x 55.50 19,980.00
Subtotal $22,230.00
2) Substantial Completion (Punch list & final inspections):
Principal - 1.50 hrs x 93.75 ........... $ 140.63
Project Engr. - 4.00 hrs. x 55.50 ....... 222.00
Proj. Coord/Adm. - 1.00 hr. x 45.00 .... 45.00
Clerical - 1.00 hr. × 30.00 ........... 30.00 ..
Subtotal $ 437.63
TOTAL - S 26,983.88
Page 1 of 1
[lTV DF DELRI:I¥ BERgH
CITY ATTORNEY'S OFFICE :' '~"" '~:~ ""~::~'~:"~ ~' .~o~,, ~,~.~
FACSIMiI.E 407/27~ .4755 W~'s ~ L~e: (407) 243-7091
DELRAY BEACH
Ail. America Ci~ MEMO~NDUM
~lllj~llll[ DA~: Au~st 16, 1996
~ 99~ TO: City Co~ssion
FROM: Bfi~ Shutt, ~sist~t Ciw Attorney
S~CT: City v. C~ - SeUlement
The City has received ~ offer to settle t~s e~nent dom~n manet for $12,976.75. T~s
~ount includes $10,000.00 for the prope~, $900.00 for attorney's fees ~d $2076.75 for
the o~er's appr~ser's fees ~d costs. The City's appr~ser pla~ the vflue of the propeny
at $8500.00. The City's i~tifl offer to ~. & ~s. C~ was for $10,000.00.
Our o~ce reco~ends settlement oft~s ~er, as additionfl costs and fees would have to
be p~d if the case proceeded ~nher. By copy of t~s memor~dum to DaSd H~den our
office requests that t~s matter be placed on the Au~st 20, 1996 City Co~ssion agenda.
Please cfll if you have ~y questions.
cc: David T. Hmden, City M~ager
~son Mae~egor H~, Ciw Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~'~° - MEETING OF AUGUST 20, 1996
RESOLUTION NO. 63-96
DATE: AUGUST 16, 1996
This is a resolution assessing costs for abatement action
required to remove nuisances on 14 properties located throughout
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 63-96 assessing costs for
abating nuisances on 14 properties within the City.
RESOLUTION NO. 63-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
W~EREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time desiHnated at the hearing wherein a decision was rendered
adverse to the property owner (s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied aHainst the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgaHes and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property aHainst which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
- 2 - Res. No. 63-96
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1996.
MAYOR
ATTEST:
City Clerk
3 - Res. No. 63-96
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, LOT 3, ROBERT G. & PATRICIA ALLEN $ 51.00
BLOCK 47, PB 12, P 81, 206 SW 2ND AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF PALM DELl{AY BEACH, FL 33444
BEACH COUNTY, FL
(206 SW 2ND AVENUE)
TOWN OF DELRAY, W 1/2 ALBERT MARTIN & $ 43.00
OF LOT 7, BLOCK 30, PB 1, MARYLIN S. BARON 70.00 (ADM. FEE)
P 3, PUBLIC RECORDS OF P.O. BOX 414002
PALM BEACH COUNTY, FL MIAMI BEACH, FL 33141-0002
(SW 5TH AVENUE)
DELl{AY SHORES, LOT 5, LORIN BROWN $ 32.00
BLOCK 11, PB 24, P 133, 1120 NW FIRST STREET 70.00 (ADM. FEE)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(ANGLER DRIVE)
PINE TRAIL SEC. 4, ROY C. ELLIS $ 51.00
E 40 FT OF LOT 11, 651 LINDELL BLVD. 70.00 (ADM. FEE)
BLOCK 8, PB 35, P 151, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(5235 NW 6TH COURT)
TOWN OF DELRAY, N 50 FT ADELENE JENKINS $ 67.00
OF S 356.4 FT OF E 135 FT 336 SW 5TH AVENUE 70.00 (ADM. FEE)
OF BLOCK 24, PB 1, P 3, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(322 SW 5TH AVENUE)
TOWN OF DELl{AY, LOT 9, ALBERTA P. GAINES, TR $125.00
BLOCK 25, PB 5, P 2, 343 NW 7TH AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(306 NW 4TH AVENUE)
TOWN OF DELRAY, S 50 FT T. & OLETHA JONES $ 61.00
OF N 300 FT OF W 135 FT P.O. BOX 1571 70.00 (ADM. FEE)
OF BLOCK 33, PB 1, P 3, DELRAY BEACH, FL 33447
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(NW 4TH AVENUE)
TOWN OF DELRAY, LOTS FREDDY MC CLOUD, ET AL $ 48.00
13 & 14, BLOCK 41, 13050 SW 104TH AVENUE 70.00 (ADM. FEE)
PB 5, P 65, PUBLIC MIAMI, FL 33176-5502
RECORDS OF PALM BEACH
COUNTY, FL
- 4 - RES.NO. 63-96
TOWN OF DELRAY, LOTS FREDDY MC CLOUD, ET AL $ 48.00
13 & 14, BLOCK 41, 13050 SW 104TH AVENUE 70.00 (ADM. FEE)
PB 5, P 65, PUBLIC MIAMI, FL 33176-5502
RECORDS OF PALM BEACH
COUNTY, FL
(NW 2ND AVENUE)
OSCEOLA PARK, LOTS 20 JOSEPH C. ARISTILDE & $ 69.00
& 21, BLOCK 6, PB 3, PROMESSE BIEN-AIME 70.00 (ADM. FEE)
P 2, PUBLIC RECORDS OF 119 SE 6TH STREET
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(119 SE 6TI4 STREET)
DELRAY SHORES lST ADD, GLENN R. MEE, PA $ 24.00
LOT 18, BLOCK 15, 517 SW 1ST AVENUE 70.00 (ADM. FEE)
PB 28, P 2, PUBLIC FT. LAUDERDALE, FL 33301
RECORDS OF PALM BEACH
COUNTY, FL
(2655 DORSON WAY)
TOWN OF DELRAY, S 40 FT DELORES RIGGINS $ 51.00
OF N 256 FT OF E 135 FT A/K/A DELORES QUINCE 70.00 (ADM. FEE)
OF BLOCK 31, PB 1, P 3, 6395 SEMINOLE CIRCLE
PUBLIC RECORDS OF PALM LANTANA, FL 33462-2295
BEACH COUNTY, FL
(222 SW 4TH AVENUE)
TOWN OF DELRAY, LOT 22, JoW. & MARGARET YOUNG $ 43.00
BLOCK 32, PB 6, P 97, 317 SW 5TH AVENUE 70.00 (ADM. FEE)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(SW 4TH AVENUE)
RIDGEWOOD /~EIGHTS, RPI MANAGEMENT $ 51.00
DELRAY, LOT 23, BLOCK C, P.O. BOX 110637 70.00 (ADM. FEE)
PB 14, P 44, PUBLIC MIAMI, FL 33111-0637
RECORDS OF PALM BEACH
COUNTY, FL
(1106 SW 7T~ AVENUE)
DELL PARK, LOT 18 & RICHARD M. & $ 16.00
W 25 FT OF LOT 19, SUSAN R. PATTISON 70.00 (ADM. FEE)
BLOCK 10, PB 8, P 56, & JANET C. RAYWOOD
PUBLIC RECORDS OF 7 NE 9TH STREET
PALM BEAC}{ COUNTY, FL DELRAY BEACH, FL 33444
(7 NE 9TH STREET)
VIOLATION IS: SEC 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
- 5 - RES.NO. 63-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~:~6. 1
SUBJECT: AGENDA ITEM # ~' D' - MEETING OF AUGUST 20, 1996
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: AUGUST 16, 1996
Attached is the Report of Appealable Land Use Items for the
period August 5 through August 16, 1996. It informs the Commis-
sion 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: DIt~,NF: DOMINGUEZ, DIREC ro~TM~
DEPARTMENT OF PLANNING ANI~ ZONING
FROM: / JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF AUGUST 20, 1996' CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
AUGUST 5, 1996 THRU AUGUST 16, 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 August 5, 1996
through August 16, 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 August 20, 1996
Page 2
A. Approved (5 to 0), a request for a Certificate of Appropriateness for
exterior lighting and hanging plant baskets at the Blue Anchor Pub,
located at the southeast corner of East Atlantic Avenue and Palm
Square.
B. Approved (6 to 0), a request for a Certificate of Appropriateness to re-
install arched fabric awnings for Pineapple Counseling Center, located
on the west side of N. E. 1st Avenue, between N. E. 2nd Street and N. E.
3rd Street.
C. Approved (6 to 0), a request for a Certificate of Appropriateness to allow
the installation of fabric awnings at the Blank House, located at the
northeast corner of S.E. 6th Avenue (Northbound Federal Highway) and
S.E. 1st Street.
D. Approved (6 to 0), a request for a Certificate of Appropriateness to allow
a small addition to the rear of a single family residence at '11 Dixie
Boulevard.
No Regular Meeting of the Board was held during this period.
No Regular Meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING I
AUGUST 20, 1996
...... L-30 CANAL
0 LAKE IDA ROAD
¢
°
>~
LINTON BOULEVARD .-r
L-38 CANAL C-15 CANAL
c~w uM,s -.-----~ H.P.B.:
A. - BLUE ANCHOR PUB
B. - PINEAPPLE GROVE COUNSELING CENTER
MILE
) . ) c.- ~.~ .ousE
~.-,~ o,x,E .OUL~V^RD
SCALE
CITY OF DELRAY BEACH, FL
PLANNING DEPARTMENT
-- DIG/TA~ ~.~EE ~ SYSTEM --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (
SUBJECT: AGENDA ITEM # ~'~' - MEETING OF AUGUST 20, 1996
AWARD OF BIDS AND CONTRACTS
DATE: AUGUST 16, 1996
This is before the Commission to approve the award of the follow-
ing bids and contracts:
1. Purchase of 18 submersible lift station pumps under the
City's annual contract with Southeastern Pumps, in the
amount of $42,476 from 442-5178-536-61.83.
2. Award multiple annual contracts through Palm Beach County
Co-op bid, for road construction materials at an estimated
annual cost of $81,811.25 from various Streets and
Construction Divisions.
3. Bid award to Handex of Florida, Inc. for the removal of
known tanks, exploration for and removal of unknown tanks,
and other miscellaneous items at the Seacrest property, in
the amount of $23,900 from 334-6111-519-62.19 through budget
transfer from Prior Year Reserves.
4. Bid awards through the Community Development Block Grant
Program; $19,414.50 to Henry Haywood for a housing rehabili-
tation project at 221 N.W. 4th Avenue; $19,372.50 to
Intercontinental Construction for 1411 S.W. 4th Street;
$16,878.75 to South Florida Construction for 336 S.W. 8th
Avenue; and $15,897.00 to Abisset Corporation for 336 S.
Swinton Avenue, from 118-1963-554-49.19.
Agenda Item No. ~
AGENDA REOU~ST
Date: August 13, 1996
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda When: August 20, 1996
Description of item (who, what, where, how much): Staff requests
Commission approval for the purchase of 18 submersible lift station
pumps under the City's annual contract with Southeastern Pu~Ds for the
total cost of S42,476.00. The pumps will be used in conjunction with
Project 93-064 for Rehabilitation of Lift Station ~10, 88, 105, 3, 32
and 83. This p~rchase will reduce construction time by eliminating lead
time for the contractor for pump supply and will save approximately
$7.000.00 in sales tax and contractor markups. Funding is from R & R
Account ~442-5178-536-61,83, Lift Station Conversion to Submersible.
ORD~N~CE/RESOLUTION REQUIRED: ~S(~D~ A~AOH~D
Recommendation: Staff recommends approval of pU~D purchase.
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 ~ (~f applicable)
Account No. & Description ~£~~
Account Balance ~ ~[~,~ ' '
City Manager Review:
Approved for agenda: ~N0 ~i
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: Project No. 93-064 'AG3064.DOC
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
t:?'" C' t/ED
TO: David T. Harden O,~rv ~,..
City Manager
FROM: Richard C. Hasko, P.E.
Asst. City Engineer
DATE: August 13, 1996
SUBJECT: Lift Station Rehabilitation
L. S. #10, 88, 105, 3, 32 and 83
Project No. 93-064
Attached is an agenda request and a copy of quotes for the purchase of submersible
pumps and base elbows for use in the rehabilitation of the subject lift stations. We
propose to purchase the pumps from Southeastern Pump under our annual contract for
submersible lift station pumps and supply them to the successful bidder on the
rehabilitation project for installation. Through this process we can minimize lead times
for order and delivery of these items normally experienced by contractors who must wait
until contract award and shop drawing approval to order pumps from the supplier. We
also anticipate a cost savings of approximately $7,000.00 on the purchase of these pumps,
sin.ce we will not be paying sales tax or contractor's markups as would normally be the
case were they included in the bid quantities.
A total of 18 pumps will be purchased for the sum of $42,476.00. Funding is from R & R
Account #442-5178-536-61.83, Lift Station Conversion to Submersible.
Please place this on the agenda of August 20 for consideration by Commission.
RCH:mm
cc: William H. Greenwood, Dir. of Environmental Services
Robert Bullard, Supt. of Maintenance
Jackie Rooney, Senior Buyer
File: Project No. 93-064 (A)
AGMEM813.DOC
oo. . /
Broward (305) 781-8400
SOUTHEASTERN PUMP Palm Beach (407) 734-1949
P.O. Box 100727 Dade (305) 947-9515
SEPCO Ft. Lauderdale, FL 33310 FAX (305) 781-8434
July 17, 1996
City of Delray Beach, FL
cio Eckler Engineering
9381 West Sample Road
Coral SpringS, FL 33065
Attention: Mr. Doug Hammann
Subject: Lift station Rehabilitation Project
City of Delray Beach Project No. 93-064
Eckler Engineering Project No. 215.K1
Gentlemen:
In accordance with the proposed bid documents, we are pleased to offer the following pumps
for purchase. All prices are in accordance with the City of Delray Beach Bid #96-33
"Submersible Wastewater Pumps Annual Contract" which was awarded to Southeastern Pump
and is currently in force:
Base Bid Stations would include the following items purchased directly by the City of Delray
Beach:
L.S. #10 Pump Model Imp. Dia. Qt~j. Price, ea. Cost
PUMPS 4SE11334L 8-inch 3 $2,020.00 $6,060.00
BAF-4 2 $416.00 $832.00
L.S. #88 !Pump Model Imp. Dia. Qty. Pdce,'ea. "Cost
PUMPS 4SE11334L 8-inch 3 $2,020.00 $6,060.00
BAF-4 2 $416.00 $832.00
L.S. #105 Pump Model Imp. Dia. Qty. Price, ea. Cost
PUMPS 4S E2894L 5.50-inch 3 $1,307.00 $3,921.00
BAF-4 2 $416.00 $832.00
$ 8,537.oo
SOUTHEASTERN PUMP · 1368 S.W. 12th Avenue · Pompano Beach, FL 33069
AddlAltemate ~tations would require the following equipment be purchased by the City of
Delray Beach:
"ES. #3 iPump Model Imp. Dia. Qty. Price, ea. Cost
PUMPS 4SE7534L 7-inch 3 $1,859.00 $5,577.00
BAF-4 2 $416.00 $832.00
L.S. #32 ;Pump ModeI . Imp. Dia. Qty. Price, ea. Cost
PUMPS 4SE7534L 7-inch 3 $1,859.00 $5,577.00
BAF-4 2 $416.00 $832.00
L.S. #83 Pump Model Imp. Dia. Qty. Price, ea. Cost
PUMPS 6SE18034L 9.50-inch 3 $2,987.00 $8,961.00
BAF-6 2 $1,080.00 $2,160.00
$23,939.00
Please note the one change we made from the specification documents for L.S. #3, we have
scheduled a Model 4SE7534L instead of the 4SE4534L. Should any of these stations have
208V power instead of 230V power, we will need to know as soon as possible, as certain
allowances must be made in the pump construction.
Should you require Shop Drawings For Approval prior to purchase, please do advise us.
Thank you for your efforts on this project, we look forward to moving ahead. Please contact us
with any questions that may arise.
Respectfully Submitted,
Agenda Item No.:
AGENDA REQUEST
Date: August 12, 1996
Request to be placed on:,
XX Regular Agenda Special Agenda Workshop Agenda
When: August 20~ 1996
Description of agenda item (who, what, where, how much): R~d Award
Bid #96-42 - Co-op Bid - Road Construction Materials - Annual Contract
Award to various 'vendors at an estimated annual cost of $81~811.25 for City of
Raanh. Th~s is a FY 96-96 Budget Items (Vendors: Hardrives of Delray $47,650.00,
Community Asphalt $3,152.50, Austin Tupler $10,148.75 and L.B. Trucking $20,860.00)
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to various vendors listed at an estimated annual cost
of $81~811.25 for City of Delray Beach. Funding from various department's (Streets
Division and Construction Division) operating budgets.
Department Head Signature:
_fl
\
Determination of Consistency wikh~.~omprehensive Plan:~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: _rES/ NO
Funding alternativeB~-~ (if applicable)
Account No. & Description: ~t(-~C~%
Account Balance: ~Jq~ b~,,~
City Manager Review:
Approved for agenda..: ~ NO ~
Hold Until: ~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Senior Buyer ~
THROUGH: Joseph Safford, Finance Director
DATE: August 12, 1996
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
AUGUST 20, 1996 - BID AWARD - BID #96-42
CO-OP BID - ROAD CONSTRUCTION MATERIALS - ANNUAL CONTRACT
Item Before Commission:
The City Commission is requested to award multiple annual contracts for
Road Construction Materials to vendors listed below, at an estimated annual
usage of $81,811.25.
Background:
The City of Delray Beach is the lead organization for this Co-op Bid. Nine
(9) vendors submitted bids on June 26, 1996, based on estimated annual
quantities from seven (7) governmental entities. (Bid #96-42 on file in
the Purchasing Office.) A tabulation of bids is attached for your review.
Delivery Costs:
A separate schedule of pricing sheet was included in bid specifications for
delivery to each participating entity.
Pick-Up Prices:
To obtain a more accurate cost for picking up road construction materials
with City trucks, total cost concepts were placed in the Co-op
specifications (this cost was calculated by sending a driver to pick up a
load of road rock and the average multiplier for annual vehicle costs and
hourly personnel costs). Awards are to be made individually by each
participating entity based on an average cost of $.72 per mile that each
entity adds to the truck load price. Each entity clocks the round trip
distance from their respective facility to each vendor's pick-up site.
In addition to the unit price of the material, now the costs involved in
picking up the material are also considered in determining the true low
cost to each entity.
Attached for your review is a revised tabulation sheet showing Delray's
cost per truck load for each vendor. Recommendations are being made to
vendors with the low truckload cost.
The recommended vendors for the City of Delray Beach are as follows (see
attached breakdown for the City of Delray quantities):
Vendor Est. Dollar Amount
Hardrives of Delray 47,650.00
Community Asphalt 3,152.50
Austin Tupler 10,148.75
L.B. Trucking 20,860.00
Total $ 81,811.25
The Deputy Director of Public Works and Construction Manager have reviewed
the bids and recommend awards as stated above.
Recommendation:
Staff recommends the multiple awards as outlined above. Funding from
department's operating expense budget.
Attachments:
Memo To Co-op Members and Tabulation Of Bids
Memo From Deputy Director Of Public Works and
Cost Analysis for City of Delray Beach
cc: Robert Barcinski, Asst. City Manager
Hoyt Owens, Deputy Director of Public Works
Scott Solomon, Superintendent Streets and Traffic
Howard Wight, Construction Manager
MEMORANDUM
TO: Jackie Rooney, Senior Buyer Purchasing
FROM: Hoyt Owens, Deputy Director of Public Works
DATE: August 7, 1996
SUBJECT: CO-OP BID
ROAD CONSTRUCTION MATERIALS
BID//96-42
The recommendation of award for the above referenced bid is attached for your review
with a total estimated annual cost for Delray Beach, as compiled by myself and Howard
Wight.
Recommendations for award are os follows:
Streets Division/Construction Division
Hardrives of Delray 47,650.00
Community Asphalt 3,152.50
Austin Tupler 10,148.75
L. B. Trucking 20,860.00
TOTAL $81,811.25
If you agree with the recommendation, please proceed with Commission agenda
request.
Hoyt Owens, eputy irector of Public Works Date/
Ho,V-~r(~Wight, Construction Manager Da
HO/sdl
Attachments
c: Robed Barcinski, Assistant City Manager
Scott Solomon, Superintendent Streets and Traffic
Howard Wight, Construction Manager
Contract Notebook
REF: HO/080796B.MEM
CITY OF DELRAY BEACH
ESTIMATED USAGE
PICK-UP MATERIALS
GROUP A:
. - 250 tons Hardrives $27.00 ;[ $6,750.00
k2 Type II Asphalt 100 tons Hardrives $27.00 ' ! ' $2,~00.00
k~3! Type III Asphalt 250 tons Hardrives $27.00 ~ $6,750.00
~.. Cold Patch Asphalt ! 50 tons Hardrives $35.00 i~ $5,250.00
i5,. RC #70 Tack Oil 500 gallons No Bids N/A ~' N/A~
ff. Permanent Cold Patch (ton) 65 tons Community Asphalt $48.50 __ $3,152.~50
GROUP B:
================================================================================
il. Crushed Course Limerock 650 tons Hardrives $10.00/ton $6,500.00
~2. Pit Run Shell Rock 400 yards J Austin Tupler $2.50/yd I~- ~i,000,00
I3. Drainfield Rock 100 tons ! Hardrives $12.00/ton '. $1,200~00 '.
!4. Precast Car Bumper w/pins 200 each I Hardrives $15.00/ea ~- - $3,000100
Total For Pick-Up Materials $36,302.50
CITY OF DELRAY BEACH
ESTIMATED USAGE
DELIVERED MATERIALS
GROUP A:
J-21 Type S-1 Asphalt 250 tons Hardrives $31 $7~750i07
Type III Asphalt 250 tons Hardrives $31.00/ton ~_ $7,750.00
GROUP B:
t~1. Crushed Course Limerock 1,350 tons Austin Tupler $6.65/ton ' $8,977.50
12. Pit Run Shell Rock 600 cy L.B. Trucking $6.90/cy $~,140.0C)
Drainfield Rock 400 tons L.B. Trucking $8.05/ton $3,220.00
i4. Best Mason Sand 25 tons Austin Tupler $6.85/ton $171.25
15. Crushed Concrete (Recycled) 1,500 cy L.B. Trucking $9.00/cy $13,500.00 ~
~'ol:a:l. ~'or De'l±vered Mater±a'ls $6,5,508.75
KEF :BIDS.XLS/sdl/8/7/96
CITY OF DELIb%Y BEACH
TABULATION OF B~DS
"BID ~96-42
]une 26, 1996 CO-OP BID ROAD CONSTRUCTION MATERIALS
'ICK-Hp MATERIAL GROUP A - Road Matertale - Asphalts ....
D.S. Eakins East Coast Googe ICommunity Southern llardrive$ Austin Tupler 'L,B. Trucking & Beady Road
Construction Asphalt Corp. Transport Inc IAsphalt Corp Aggregatee of Delray Ina ~rucking Inc. Ext, Inc. Repair Inc.
TEM DESCRIPTION
1. Type S-1 Asphalt
26,25 ton 27.50 ton 27.00 ton 29.00 ton
2. Type II Asphalt 26.25 ton 27.50 ton 27.00 ton
29.00 ton
3. Type III Asphalt 26.25 tou 27.50 ton 27.00 to~ 29.00 ton
4. Crushed (recycled)
Asphalt 8,50 ton 8.50 ton*
5. C~ld Patch -''
Asphalt 48.50 ton 35.00 ton
6. RC#70 Tac Oil
7. Permanent Cold
Patch 48,50 ton 45.95 ton
Permanent Cold
Patch (55 lbs.) 10.50 pail 7.00 pail'
{p~!ls__p_/lb.) (45 lbs.) '
PICK UP MATERIAL GROUP B'- Road lat'~ials' Non-Asphalt '"
1. Crushed Course 10,00 ton 2,52 ton ~ 2.55 ton
Limerock
2. Pit Run Shell
Rock 4,75 yard 3.5~ ton, 6.10 yard
3. stabilizer - / ! ....
Rock ~24 4.00 ton 9.00 ton 2.55 tea 3.75 ton
'4." Drainfield ........
Rock 3/4" 10.00 ton 14.50 yd 12.00 ton 4.25 ton 3.85 ton
§~ Beet Hasoa
Sand 13.00 ton 3.75 ton 3.75 ton
6. Clean-F~l 1.80 yd -
Dirt 3.00 yard 1.45 ton 1.55 yard 2..35 yard
7. Precast Car
Bumpars/w pins 1S.O0 each 10.95 each
8. I Crushed
Recycled Concrete 7.00 cu yd 7.10 cu yd
tare Precise Pick-Up #3,4, &6 1790 NW 27 St. '¢795 Hooper Group A 1 & 4 Group A - 2741SW 36th
oration 500 Benoist Ft. Lauderdale Road, WP Bch. ~1,2,3,5, Whtterock Rinker Aephalt Street, Fort
Farms Road 3300 SW 11 St. 1200 S. 'Power-Quary, 122nd So. Blvd. Laudardale
West Palm Deeriield Bch line Road ~ Ave NW 186th SR 441
~8 ~ '1 - " or"2101 S, · S~. Miami Group B -
~OO'Ri~er '1 ~ Congress Ave. #2 & 3 Ryan, ~1 ~inker Fac.
Way, Lake Delra¥. LOX PJt .'"'~lMiami.
Worth *R.A.F. (4)on Lox Road 4.5 ~2,~,~,
500 Banoist availability" miles W of ~1 Rowan Pit
Farms Road Group B Parkland Boyntou
WPB -- #1,3,4,5,7 #5, 6 Rowan #3, 4 Sunshine
Kail:oad ADc 2101 S'Congress2 mlles'N of Pit (SR27)
Lake Park Delray, Boynton Bch #8 D.S. Eakins
2 & 6, Blvd. on W. (Lake Park)
Loxahatche~' side of 441
· gntr. Pit #7 Cement
5 miles w of Craft, 2200
SR 441 on N Dixie
Lox Road Hollywood
Agenda Item No. ~-~."~
AGENDA REOUEST
Date: August 15, 1996
Request to be placed on:
% Regular Agenda
Special Agenda
__Workshop Agenda When: August 20, 1996
Description of item (who, what, where, how much): Staff re_quests
Commission approval for a contract to Handex of Florida. Inc.. in the
amount of S23.900 for the removal of existing known tanks, as well as
exploration and removal of unknown tanks at the Seacrest Property. The
contract includes removal of the building slab. pump islands and
concrete parking surfaces. Funding is available from Account Number
prior year reserves. Additional budget~,ct~ansfer for environmeqJ~l of $15,590.
ORDINANCE/RESOLUTION REQUIRED: YES/~O~DRAFT ATTACHED YES~} COSTS
Recommendation: Staff recommends City Commission award a contract to
Handex of Florida. Inc.. in the amount900 for the above
described work at the Seacresi~prc~mertv.f'~/'~ ,
Department head si~_ature
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds ):
Funding available: ~ES~NO
Funding alternatives'--- ~ ~(if applicable)
Account No. & Description
Account Balance ~'(~O'(3b' (~/~_"7-7'~'
City Manager Review:
Approved for agenda: ~NO
Hold Until:
Agend.a Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Di sapproved
File: AG820.DOC
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Dan Beatty, ~'~-'~-~
City Engineer, j.J/~
DATE: August 15, 1996
SUBJECT: FUEL TANK REMOVAL
SEACREST PROPERTIES
PROJECT NO. 96-08
Attached is an agenda request and a copy of the quote from Handex of Florida, Inc. for
the removal of existing known tanks, as well as exploration and removal of unknown
tanks at the Seacrest Property. This contract also includes removal of the building slab,
pump islands and concrete parking surfaces. The attached site map indicates tanks that
have been confirmed for removal in addition to tanks, which have not been confirmed.
· The total cost for the proposed work is $23,900 and will be funded from account number
334-6111-519-62.19 Additional costs for environmental assessments and
costs are $15,590.
Please place this on the agenda of August 20 for consideration by City Commission.
DB:mm
cc: Robert A. Barcinski, Assistant City Manager
William H. Greenwood, Director of Environmental Services
File: Project No. 96-08 (A)
AGMEM815.DOC
08/14/96 13:43 FAX 407 995 9830 HANDEX/HFP ~00~
I-land zx'
1001 Broken 8ound Parkway, N.W., Suite C, Boca Raton, FL 3~87 · (407) gg5-9551 · Fax: (407) 995-9830
July 15, 1996
Mr. Barron Caronite, E.i. --
City of Delray Beach
4~ $. Swinton Avenue
Delray Beach, Florida 3~i44
Re: Tank Removal Bid Request for the Seacrest Property Acquisition located at
2200-2300 $eaore~ Boulevard, Delmy Beach, Flodda.
Dear Mr. Caronite,
Handex of Flodda, Inc. (Handex) has prepared this revised proposal to meet your work
task requests.
Based on our July 12, 1996 phone conVersation with Mr. Caronite of the City of Delray
Beach Handex has revised the quote to include test pits for items 8, 11, 12, 13, 16 and/or
the removal of items 9, 10, 14, 15, 17, 18, 19, 20, 21, 22, 23, and, 24. Any add'~onal
~ encountered will be removed upon the request of the ci~ of Delray Beech at an
additional cost.
Handex will prepare a Health & Safety Plan to encompass all site work activities performed
by Handex or any subcontractor provided by Handex. Utility locations will be performed
~ to ally ~ ac~Jvitie~. Ail concrete slabs such as the building foundation, pump
I~tartds, and ~ parking eurfauaa will be broken up ar~ prepared for removal. 'i'hie
t~m loads. Additional concrete beyond ten loads are Included as contingency Items. Test
pits WIll i~e conducted to determine If items 8, 9, 10, 11, 12, 13, 16, 19, 20, and21 exiat on
site, ~ te~ pi~ will be conducted in Ihe areas indic~r~d on the ~calecl rnape provided
~y Nt~irlg. NuEIng will coll~ct samples l~r ~ of any fluids or sludges. Fluids
and sludges will be stored on site once characterization analyses is reviewed waste will
be disposed. Upon receipt of the analy~ reports, Handexwill schedule the pumping and
the proper manifesting of any fluids or sludges as per the contingency items.
All piping associated with work scope items referenced above will be property
disconnected and removed for disposal. At this point these structures will be removed
and properly ixepm'ed for dispcaal. Items 9, 10, 14, 15, 17, t8, 19, 20, 21, 22, 23, and,
24 will be disposed of based on this proposal. Additional items discovered will be
disposed of based on the contingency items. The proposed price for this project is based
A SUBSURFACE RECOVERY COMPANy
08114/96 13:44 F~X 407 995 9830 ttA.NDEXf~FP ~005
on estimated tank and/or tank pad sizes provkled to Handex by Nutting in their letter dated
June 27, 1996. Due to the pad sizes the estimated quantity of dry ica is 200 pounds.
The proposed price includes 100 cubic yards of clean backfill material. Prices for
additional backfill material are Included as a contingency item on a cost per cubio yard
basis, The ~on areas will be bac, ldilled with r. Jean fill as necessary, and the City of
Delray Beach will be charged according to the unit price.
Handex will provide 40 h~[~' OSHA trained personnel required to perform the above
referenced work descriptions, including equipment operatom, aite foremen, and field
technicians. Equipment included in this task will include a trackhoe, backhoe, safety
barricades, caution tape, and tools_
The proposal is based on four working days. Should the total project time exceed four days
due to client delays, additions to the work so,ope, or ~ weather delaye, additional
costs will be invoiced on a time and material basis in accordance with the contingency
Items outlined on the attached page. The above referenced bid is based on the removal
and disposal of items g, 10, 14, 15, 17, 18, 19, 20, 21, 22, 23, and, 24. Should the work
be cempleted in less than four days or less work be performed, the cost savinga will be
passed on to the City of Delray Beach.
in the event that add'~ianal sttuclures are discovered which the city wishes to be removed,
Handex will perform the removal and disposal tasks on a time and material basis in
acx~rdance with ~e contingency items, or a change order if necessary.
The total c~:mt for the above referenced bid excluding Ihe contingency items is
~ yO~l have arty questions or commerlts regarding Ibis letter, please feel free to contac=t me
at (407) 995-9551.
Sincerely,
HANDEX OF FLORIDA, INC.
Hydrogeologist II
*Contingency Items.
Pump ~nd dispose of fluids from tank(s):
· Moblliz~on of vacuum track.
v~ume Removed 0 $ -4 ~ /~d~n C~gency
. Two techrddans t0 pump flukes ~0m lank(s).
11me~ Q $ s?.SO/h0ur C<m~ge~y
~move md ~ of ~udge from t~k(s):
. ~ ofvactmm0rp~mptmckmtds~pp0rtveNde.
a d~y(s) · $ ~e°-~,~'day C, onUnge~y
· inYodsimofSSgallondmmsO$ 4s /cmn ~
·~ of sludge scruple for predisposal chamc~edza~on
testh~.
0 $ 60/sample Contingency
· Pfudisposaf ~rlz~ofl of Mudge- to be provided by NEF. N/A
165 - 302.50
302.50 - 632.50
· ~ of h~zard0u~ek~e O S , Idmm C0n~nger~
Miscellaneous:
Daily rate for heavy equipment and operators @ $3~74B.91 / day ,
(supervisor, operator, technicians, hydrogeologist,
truck, backhoe, trackhoe, safety barricades~ caution
tape and tools)
Dry ice per 100 pounds @ $157.50 / 100 lbs.
Steel Tank Disposal @ $316.25 / tank
Removal and Disposal of clean concrete @ $172.50 / add'l load
Remobilization cost @ $109.25 / re-mob
(only applicable if heavy equipment is removed from site)
Provision of clean *backFill (to replace excavated soil and/or
structures @ $1O.gO / cubic yard
Excavation and disposal of "excessively contaminated" eoil:
Should 'excessively contaminated" soil (as defined in Chapter 62-770
Rodale Administrative Code as currently adopted by the DEP) be
encountered during tank removal activities, the tainted soll will be
containerized within 55-gallon drums or placed on harmed vtsqueen
plastic sheeting pending disposal. The soil will be excavated and
disposed according to the following units rates (quantity to be based
on time spent on site and the volume excavated):
· Provision of 55 gallon drums 0 $ 45 /drum Contingency
·Pmvtsion of rolls of visqueen plastic sheeting 0 $ 75 . /roll Contingency
· Trackhoe rental with operator · $ ~ ~ o ./hour Contingency
· Combination backhoe rental with operator Q $ 7 4. s /hour Contingency
· Technician,S as _/hour Contingency
· Predisposal characterization of tainted soil at state certified
environmental laboratory (baaed on non-hazardous petroleum waste.
hazardous waste by separate quote)- To be provided by NEF. N/A
· Transportation and disposal of contaminated soil by separate quote
based on the results of the above analysis. Contingency
· Provision of dean backfill (to replace excavated soil) · $ lo. s /cubic Contingency
yard in place.
The bid submitted by my firm (the above s'heeta and attached contract) inoludes all the
co~ts associmed with an appropriate scape of work for removal of the tank(s) on the
subject property. This bid is valid for sixty (60) days.
· NEF was informed that seven of the sixteen tanks were reportedly removed in tank
locations 1-7.
· Removal of the nine underground atorage tanks (us'rs) in accordance with
applicable federal, state and local regulations.
· The approximate tank sizes or pads are as follows:
Tanks 1 - 6:-3,000 gallons (removed 1989)
Tank 7:-550 gallons (waste oil - removed 1989)
Tank 8: -5" x 3' pad
Tank 9:. -3' x 3' pad
Tank 10: -5' x 5' pad
Tank 11: -28' x 7' pad
Tank 12: -20' x 6' pad
Tank 13: ~4'x 4' pad
Tank 14: -5' x 3' pad
Tank 15: -3' x 3' pad
Tank 16: -7' x 5' pad
Any associated piping
· Anomalies other than USTs to be removed
I.ocetion 17 & 18: Hydraulic lifts
Location 19: Oil/water separator
Location 20: Dry well
[zx:atlon 21: Septio tank
Loce~ 22 & 23: Concrete pump Islands
t.ocatim 24: Approximate 50' x 30' building slab
Please forward one ~3opy of your bid to our office and one cepy to the ollent at
City of Del;ay Beach
Delray Beach, FL 33444
Attn: Mr. Barton Caronite, E.I. Phone (407) 243-7337 FAX (407) 243-7314
NUTTING
ENVIRONMENTAL
I iI
9~.~° , , ,,
= s...j 2 23~
~.~ ~ ~ ~ _
7 '~"~ ~ ~ ~~ :~ ~ ~,,~; ,.~ ' ~ ~'
~-~ 14~
i I
· e~ e$82
I
~ I
~ ~ ~ ~J~o~ IT.S T0 BE R~OVED ~ER THIS PROPOS~
~ ~o~ ~ ~rfoM IT.S TO BE EXPLORED ~ER THIS PROPOS~
~0~ BO~C ~ ~0~ ~ ~0~
II II I
AGENDA REQUEST
Request to be placed on: Date: August 12,, 1996
Regular Agenda
Special Agenda
__ Workshop Agenda '
xxxx Consent Agenda When:August 20, 1996
Description of item (who, what, where, how much):
CASE# ADDRESS GRANT AMOUNT
92-032HR 221 Northwest 4th Ave. $19~414.50
93-016HR 1411 Southwest 4th St. $19~372.50
93-031HR 336 Southwest 8th Ave. $16,878.75
94-008HR 536 South Swinton Ave. $15,897.00
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIED: YES/NO Drat~ 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: ~tNO i~ 5gl~g'i%['
Funding Alternatives: ~ . (if applicable)
Account No. & Description:
Account Balance: ~ 77 _~ ~'x '5z~~
City Manager Review:
^, rov d o ag nda: *O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action ' Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
THROUGH: Joseph~nance Director
FROM: Jacklyn Rooney, Senior Buyer ~k~
DATE: August 15, 1996
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 20, 1996 - BID AWARD - BID #96-57HR
HOUSING REHABILITATION PROGRAM
Item Before Commission:
The City Commission is requested to make award to low bidders, as listed below, at a
cost of $71,562.75 which includes contingency.
The Community Development Division handles and processes their formal bids on
housing rehabilitation projects, with funding from their housing rehabilitation budget.
Property.: Contractor: Amount:
221 NW4th Ave. Henry Haywood $19,414.50
1411 SW 4th St. Intercontinental Const. Corp. $19,372.50
336 SW 8th Ave. South Florida Construction $16,878.75
336 South Swinton Ave. Abisset Corporation $15,897.00
Recommendation:
The Purchasing Office concurs with the recommendation to award to the low bidders as
outlined above from account #118-1963-554-49.19.
Attachments:
Memorandum from Community Development
Bid Information Sheets
cc: Lula Butler
MEMORANDUM
TO: David Harden, City Manager
FROM: Dorothy Ellington, Community Development Coordinator ~J/l~
THRU: Lula Butler, Community Improvement Director//~
DATE: August 12, 1996 L't~-¥ '~
SUBJECT: Community Development Block Grant Program Activities Housing
Rehabilitation Grant Awards
ITEM BEFORE THE COMMISSION
This is to request approval for 4 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
92-032HR 221 NORTHWEST 4TH AVE. $19,414.50
93-016HR 1411 SOUTHWEST 4TH STREET $19,372.50
93-031HR 336 SOUTHWEST 8TH AVE. $16,878.75
94-008HR 336 SOUTH SWINTON AVE. $15,897.00
CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
Bi]) #: 96-57HR
APPLICANT: Denise Jackson
APPLICATION #: 92-032HR
PROJECT ADDRESS: 221 NORTHWEST 4TH AVENUE
DATE OF BID LETTERS: JULY 16~ 1996
DATE OF BID OPENING: JULY 26~ 1996
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
ALPHA ULTRA INC. $
BEEKMAN CONSTRUCTION $
CSB CONSTRUCTION $
DAKOTA CONSTRUCTION INC. $
1ST CHOICE CORP $
INTERCONTINENTAL CONST. CORP. $ 21~175
HENRY HAYWOOD $ 18~490
PRESTON CONTRACTION $
RAY GREAVES $
SOUTH FLORIDA CONSTRUCTION $ 22~580
IN-HOUSE-ESTIMATE: $ 19~835
CONTRACTOR AWARDED CONTRACT: Henry, Haywood
BID/CONTACT AMOUNT: $ 18~490
COMMENTS: BID AWARDED TO LOW BIDDER
BIDFORM/PG1
CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 96-57HR
APPLICANT: Carrial Herrin~
APPLICATION #: 93-016HR
PROJECT ADDRESS: 1411 SOUTHWEST 4TH STREET
DATE OF BID LETTERS: JULY 16~ 1996
DATE OF BID OPENING: JULY 26, 1996
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
ALPHA ULTRA INC. $
BEEKMAN CONSTRUCTION $
CSB CONSTRUCTION $
DAKOTA CONSTRUCTION INC. $
1ST CHOICE CORP $
INTERCONTINENTAL CONST. CORP. $ 18,450
HENRY HAYWOOD $
PRESTON CONTRACTION $
RAY GREAVES $ 21,350
SOUTH FLORIDA CONSTRUCTION $ 19~440
IN-HOUSE-ESTIMATE: $ 17,435
CONTRACTOR AWARDED CONTRACT: Intercontinental Construction
BID/CONTACT AMOUNT: $ 18,450
COMMENTS: BID AWARDED TO LOW BIDDER
BIDFORM/PG1
CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 96-$7HR
APPLICANT: Geraldine Knight
APPLICATION 0: 93-031HR
PROJECT ADDRESS: 336 SOUTHWEST 8TH AVENUE
DATE OF BID LETTERS: JULY 16, 1996
DATE OF BID OPENING: .JULY 26~ 1996
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
ALPHA ULTRA INC. $ 16,295
BEEKMAN CONSTRUCTION $
CSB CONSTRUCTION $
DAKOTA CONSTRUCTION INC. $
1ST CHOICE CORP $
INTERCONTINENTAL CONST. CORP. $ 17,760
HENRY HAYWOOD $ 17~350
PRESTON CONTRACTION $
RAY GREAVES $ 18~655
SOUTH FLORIDA CONSTRUCTION $ 16,075
IN-HOUSE-ESTIMATE: $ 17~325
CONTRACTOR AWARDED CONTRACT: South Florida Construction
BID/CONTACT AMOUNT: $ 16,075
COMMENTS: BID AWARDED TO LOW BIDDER
BIDFORM/PG1
CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 96-57HR
APPLICANT: C.J. Mosley
APPLICATION 0: 94-008HR
PROJECT ADDRESS: 336 SOUTH SWINTON AVENUE
DATE OF BID LETTERS: JULY 16~ 1996
DATE OF BID OPENING: JULY 26, 1996
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $ 15~140
ALPHA ULTRA INC. $ 17~075
BEEKMAN CONSTRUCTION $
CSB CONSTRUCTION $
DAKOTA CONSTRUCTION INC. $
1ST CHOICE CORP $
INTERCONTINENTAL CONST. CORP. $ 17~140
HENRY HAYWOOD $
PRESTON CONTRACTION $
RAY GREAVES $ 21~060.
SOUTH FLORIDA CONSTRUCTION $ 16~530
IN-HOUSE-ESTIMATE: $ 16~100
CONTRACTOR AWARDED CONTRACT: Abisset Corporation
BID/CONTACT AMOUNT: $ 15~140
COMMENTS: BID AWARDED TO LOW BIDDER
BIDFORM/PG1
[lTV OF DELRI:IV BEACH
p ,Lr Y.
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ·407/243-7000
1993
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant Cify Manager
DATE: August 14, 1996
SUBJECT: Agenda Item ~4' City Commission Meeting August 20, 1996
Special Event Request- Harvest Fest
Action
City Commission is requested to endorse the 9th Annual Harvest Fest to be held on
November 16-17, 199& to grant a temporary use permit per LDE's Section 2.4.6(H) for use
of City property and rights of way, to waive LDR's section 4.6.7(D) (3) (J) (ii) to allow
signage to be put up more than one week prior to the event, fo provide staff support as
indicated in their June 17, 1996 letter, and to split the overtime cast's 50/50.
Backqround
The Chamber of Commerce is requesting City support and endorsement of the 9th
Annual Harvest Fest to be held on November 16-17. The event will be held on SE 3rd
Avenue between Atlantic Avenue and SE 1st Street and on Atlantic Avenue from SE 3rd
Avenue to NE/SE 4th Avenue. I have been informed by Lynn Bafaloukos that they will not
need the stage. I have also advised Lynn that she will need to get permission from Sun
Trust to use their lot. City support for security, street barricading and trash/garbage pick
up would be needed. Estimated overtime costs for this event are approximately $900.00.
We will lry to minimize our overtime to reduce this cost.
Recommendation
Staff recommends approval of the Chamber of Commerce request to include street
closure, sign waiver, staff support, and splitting overtime cost's 50/50.
THE EFFORT ALWAYS MATTERS (~./31 .
The GREATER
DELRAY BEACH
Chamber of Commerce
August 1, 1996
Mayor and City Commission
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Dear Mayor and City Commission:
This letter serves as an addendum to the odginai request letter sent in June. As you
know the Greater Delray Beach Chamber of Commerce is organizing the 9th
Annual Harvest Fest '96 to be held on November 16 and 17, 1996. The typical
venue for this event has been East Atlantic Avenue, east of the Intracoastal.
However this year is proving to be a bit of a challenge. Due to the East Atlantic
Beautification program, construction will not allow for this year's event to be staged
in its usual home.
In spite of this. challenge, Harvest Fest will go on with your assistance. We are
requesting the use of Atlantic Avenue, between 3rd Avenue and 5th Avenue; 3rd
Avenue, between Atlantic Avenue and 1st Street; and the parking lot directly to
the west of the SunTrust building.
We have been. proud, of this event, growing the number of exhibitors and
affendance each year. Hopefully this change will not effect those numbers, but
instead bdng better exposure and more people to Harvest Fesf '96.
We sincerely appreciate all of the efforts of the City employees and look forward to
a great. Harvest Fest in 1996. We hope each of you will be a part of the festivities.
Yours truly,
William J. Wood
President
WJW:lhb
cc: David Harden, City Manager
C' f'~ ~ dkl~..~ Greater Delray Beach Chamber of Commerce, Inc.
64 S.E. Fifth Avenue, Delray Beach, Florida 33483 ~-~c,~
Chamber Accredited by United States Chamber of Commerce
The GREATER '"' I - 1996
DELRAY BEACH
Chamber of Commerce -, ~,.-~ -
June 17, 1996
Mayor and City Commission
City of Delray Beach
100 NWI st Avenue
Delray Beach, FL 33444
Dear Mayor and City Commission:
The Greater Delray Beach Chamber of Commerce is organizing the 9th Annual
Harvest Fest '96 scheduled to be held on November 16 and 17, 1996. We have
been proud of this event and hope this year to expand it even more to be a better
happening in the City. Our future intention is to develop the Harvest Fest into an
known event, much like the Delray Affair. and stage it east of the Intracoastal every
fall. To ensure this event's success we are requesting assistance from the City.
Please consider approval of the following items:
1. Endorsement by the City Commission;
2. Use of public parking facilities in and around the event site for parking,
etc.;
3. Blocking off Atlantic Avenue from Venetian to A1A. We request City
staff to prepare a detour route and make the necessary application to
Florida Department of Transportation (FDOT);
4. Provide City staff support to the Planning Committee as necessary with
assistance from, but not limited to, Police, Fire, Streets, Engineering,
Community Improvement, Parks and City Manager Office;
5. Allow this to be the only Commission approved event dudng these two
days. Allow all vendor permits to be assigned by the Chamber of
Commerce only;
6. Permission to erect signs promoting the event from October 25
through November 18;
DELRAY BEACH
Greater Delra¥ Beach Chamber of Commerce, Inc. tm.M~m~
64 S.E. Fifth Avenue, Delray Beach, Florida 33483
Chamber Accredited by United States Chamber of Commerce '
9th Annual Harvest Fest '96 - Page 2
7. Provide limited City staff support dudng the event for street closing and
maintenance;
8. Permission to use the large covered stage for all day continuous
entertainment.
We request the City to share the cost of these overtime services 50/50 with the
Chamber of Commerce.
We are aware of the Commission's effort to assist community non-profit
organizations and will attempt to provide these groups with any fund raising
opportunities.
We sincerely appreciate all of the efforts of the City employees and look forward to
a great Harvest Fest in 1996. We hope each of you will be a part of the festivities.
Yours truly,
William J. Wood
President
WJW:lhb
cc: David Harden, City Manager
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Senior Buyer ~
THROUGH: Joseph Safford, Finance Director
DATE: August 14, 1996
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
AUGUST 20, 1996 - REJECTION OF BID ~96-48
PURCHASE ONE (1) OZONE GENERATOR, ONE (1)
AIR PREPAR3kTION UNIT
ACTION:
The City Commission is requested to reject all bids received for the
purchase of one (1) Ozone Generator and one (1) Air Preparation Unit.
Bids for this purchase were received from six (6) vendors, all in
accordance with City purchasing procedures. (Bid #96-48. Documentation on
file in the Purchasing Office.) A tabulation of bids is attached for your
review.
While reviewing and evaluating the bid submittals, it became apparent that
detailed specifications were imprecise.
Per attached memo from EDS Director dated August 13, 1996, staff recommends
rejection of all bids received.
Based on the evaluation findings, the best interest of the City would be to
reject all bids at this time. The staff is remodifying and preparing
detailed specifications for this project to be re-bided in the near future.
RECOMMENDATION:
The Purchasing Staff recommends all bids be rejected, and that if directed
by Administration, revise the specifications and re-bid the project.
Attachments:
Tabulation of Bids
Memo From ESD Director
Agenda Item No. : -/~/'
AGENDA REQUEST
Date: August 14, 1996
Request ~o be placed on:
xxx Regular Agenda Special Agenda Workshop Agenda
When: Auqust 20, 1996
Description of agenda item (who, what, where, how much): Bid Rejection -
Bid #96-48 reject all bids received for the purchase of one (1) Ozone
Generator and one (1) Air Preparation Unit for Public Utilitv Maintenance
Division.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Reject all bids for Bid #96-48, and recommend staff
remodifu_ specification to be rebid.
Department Head Signature:"~_~
Determination of Consistency w~t~/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:
Action: Approved/Disapproved
~UG-14-'D6 ~ED ~:17 ID:DELR~Y ENU. SERb~ICES TEL NO:4~?-~4G-?080 ~78~ P01
TO: Kathy Buffet, Buyer
FROM: William H. Greenwood, ESD Director ~f--~
SUBJECT: BID REJECTION-OZONE GENERATO]K
DATE: August 13, 1996
After a careful review of the bids received on this project, staff recommended they be rejected. The basis
for that recomnaendation was that the specifications contained in the request for qualifications were
inconcise; and as such, the bid we received ranged from $9,775.00 to $36,680. Staff has gathered more
reliable data and will prepare modified specifications so that this project can be re-bid.
By this memo I am requesting you prepare the necessazy documentation to place this item before the City
Commission at their next regular meeting.
WHG:cl
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID #96-48
OZONE GENERATOR AND
AIR PI~EPERATION UNIT
RGF 03 W.E.S., Inc.
Systems, Inc
Pricing:
$ 9,775.00 $10,775.00'
Description:
STC-1A, AU-1 Catalytic Odor
~r approved equal Oxidizer Oxygen Generator
(16 grams/hour)
Mm~ufacturer /
RGF 03 Systems
~odel Number
Model HF 16000
Model - LS
Delivery Time Delivery in 30 calendar Delivery can be made within
days after reciept of order 28 - 42 calendar days
after receipt of purchase order
Warranty Any part of Oxidizer failing (1) One year limited warranty
under normal use in 1st year
from date of purchase
will be replaced, at no
charge to the City.
Somments/Exceptions The Ozone Generator comes
Separate document attached
w/RGF's 5year/lO,O00 hour
Ozone Output Warranty. If
Generator is below 80% of Will extend, pricing, terms, and
it's original rated level
9GF will service it, Free conditions to other members of
of charge, the P.B. County Co-op Purchasing
Council.
Will extend same pricing, * One (1) Telemetry Interface
terms, and conditions to (using your PLC) ............
other P.B. County Co-op (Will supply quote after pilot
Purchasing Council. station has been running without
system failure)
Separate document attached
1
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID #96-48
OZONE GENERATOR AND
AIR PREPERATION UNIT
Aqua-Fie, Inc. PCI Ozone & Control
Systems, Inc.
pricing:
- $23,625.00 $ 14,790.00
Description:
GTC-lA, AU-1 Ozone Generator Ozone Generator
Brapproved equal Air Preperation unit Air Preperation unit
Manufacturer /
Model Number CD3OASI2 , 120V PCI Model G-1
PCI Model AP-0.5
~elivery Time Delivery in 30 days after
Delivery in 45 calendar days
receipt of order after receipt df purchase ordez
~Varranty (i)One year limited warranty
to original purchaser from (1) One year parts and labor
date of purchase
Comments/Exceptions If becomes unserviceable due PCI's ozone generator is water
to defects in workmanship cooled requiring .25 gpm of 70F
during this period, Aqua-Flo potable.
will replace or repair at
~tion without charge.
Bidder rejects Page 2
"Indemnification" in its
Will extend same pricing, term,
entirety, and conditions to other members
of the P.B. County Co-op ,.'?:
Will extend same pricing, Purchasing Council.
term and conditions to other
members of the P.B. County
Co-op Purchasing Council. Separate document attached
2
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID #96-48
OZONE GENERATOR AND
AIR PREPERATION UNIT
A. Guthrie & Blue Mountain Group
Associates, Inc.
?ricing:
$23,500.00 $ 36,680.00 *
Description:
3TC-1A, AU-1 Ozone Generator
Ozone Generator
>r approved equ~ Oxy/Gen 5
6000 BTU Air Preperation Unit
Manufacturer /
Blue Mountain Group
Model Number Airozoner SC~S-12
SLS-4000
Delivery Time
Delivery within (4)four to Delivery in 45 calendar days
(6) six wk's after P.O. recvr after receipt of order.
~Varranty Productshall be guaranteed (3) Three year limited warranty
free of defects for a minimur on Ozone Generator. (1) One year
of two years, limited warranty on Air
Preperation unit
~omlRents/ExceptioBs Separate document attached *Alternate Bid: $24,000.00
Blue Mountain Group/SLS-3500 &
Will extend same pricing, Sewer Lift Station order control
terms, and condition to unit #3500 ~
other P.B. County Co-op !Delivery in 45 days after receipt
Purchasing Council. of order.
(3) three year limited warranty
on Ozone Gen. (1)one year limite~
warranty on workmanship and
defects.
Will extend same pricing, term,
and conditions to other members
of the P.B. County Co-op Purchasing
Council
Separate document attached
3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/
- \
SUBJECT: AGENDA ITEM ~ ~'C' - REGULAR MEETING OF AUGUST 20, 1996
APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD
DATE: AUGUST 15, 1996
The terms for four members on the Site Plan Review and Appearance Board
will expire on August 31, 1996. Three of the four vacancies were filled by
the Commission on August 6, 1996. The fourth appointment was postponed by
Commissioner Randolph to this meeting.
The remaining vacancy is for a layperson. To qualify for appointment, a
person shall either be a resident of or own property in the city, and/or
own a business within the city. The term is for two (2) years, beginning
September 1, 1996, and ending August 31, 1998. The list of applicants is
attached.
Pursuant to Commission direction, a check for code violations and municipal
liens has been coD~ucted. There are none.
The appointment will be made by Commissioner Randolph (Seat ~4).
Recommend appointment of a member (layperson) to the Site Plan Review and
Appearance Board for a two year term ending August 31, 1998.
ref: agmemo 1
Appointment to the Site Plan R~view and Appearance Board
City Commission ~egular Meeting of Augq..st 20, 1996
The following individuals have submitted applications for your
consideration:
Shane Ames
Bonnie Ansbacher
Patricia L. Archer
John Baccari (reappointed to BOA 8/6/96)
Richard Brautigan (currently serving on BOA)
Robert Brewer
Ronald Brito (currently serving on BCA)
Kenneth J. Damian
Mark David
Perry DonFrancisco (currently serving on Kids and Cops; also applied
for BOA)
Michael Eisenrod
Anne R. Ford
Sharon Fowler
Louis G. Glesmann III
Henry Heller
Daniel P. Hess (currently serving on BCA)
Richard Kheel
Russell Jennings
George Maso Jones (currently serving on Affordable Housing Advisory
committee )
Michael Lang (appointed to BCA 8/6/96)
Jon Levinson
Barbara Libbey
David Martin
(continued ... )
Gail Lee-McDermott
Steven Neubarth
J. ~ichael Pakradooni (incumbent)
Janet Phipps
Rhonda Sexton
Arnold B. Smith
Chris Stray (currently serving on CEB)
Charles Williams
Gregory E. Young
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~.~. - REGULAR MEETING OF AUGUST 20, 1996
APPOINTMENT TO THE BQARD OF ADJUSTMENT
DATE: AUGUST 15, 1996
At the August 6th regular meeting, Janet Baron was appointed to serve as a
regular member on the Board of Adjustment. She had been serving as an
alternate member on that board. Hence, a vacancy has been created for an
alternate member to fill Ms. Baron's unexpired term ending August 31, 1997.
To qualify for appointment, a person shall either be a resident of or own
property in the city, and/or own a business within the city.
The following have sutmmitted applications for your review:
Edward Aptaker
RDn Brito
Perry DonFrancisco (currently serving on Kids and Cops; also applied for SPRAB)
Anne Hoctor
Leo Kop~man
Janet Phipps (also applied for SPRAB)
Benjamin F. Ricker, III
Sid Soloway
Pursuant to Commission direction, a check for code violations and municipal
liens has been conducted. There are none.
The appointment will be made by Commissioner Ellingsworth (Seat $3).
Recommend appointment of an alternate member to the Board of Adjustment to
fill an unexpired term ending August 31, 1997.
ref: agmemo3
[IT¥ OF DELRI:I¥ BEI:I£H
CITY ATTORNEY'S OFFICE ~,~~°° ~w ~ ~o?~?..~^v~. ~_~. ~,^~,. ~o~^ ~,,
Writer's Direct Line: (407) 243-7091
DELRAY BEACH
Ali. America City MEMO~~
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution of Access Issues - Conceptual Consideration
As you are aware, the City purchased the Temple Sinai right-of-way for the purpose of
providing eventual access to properties located to the north of the Temple property. In
order to facilitate that access, Mr. Sned, current owner of property located to the north,
is proposing a resolution of the access issues as set forth in the attached memorandum.
By copy of this memorandum to David Harden, City Manager, our office requests that
this matter be placed on the City Commission agenda for direction.
Please call if you have any questions.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Diane Dominguez, Director of Planning and Zoning
access.sar
q?
Pr/nted on Recycled Paper
~UG.16.1996 3:35PM BRACKETT~COOK~SMED~PA NO.811 P.2/6
B~c~, S~r2~, W~wc~.
T~~ ~ F~c~, P.~
August 15, 1966
ViA FAX AND REGU~ARMAIL
Susan A. Ruby, City Attorney
City of Delray Beach
200 N. W. 1st Avenue
Delray Beach', F16rida 33444
Re: Proposed Access Agreement Letter of Intent
Dear Susan:
Pursuant to my telephone conversation, I would offer the
following:
1. To deed or plat or give for right-of-way purposes, the
east 30 feet of the Mildred Smith property at no cost to the City.
2. The City would quitclaim together with the Lake Worth
Drainage District any right, title, and interest it has in the
Davis Road parcel lying east of the Tats parcel to Tats.
3. That the City will quitclaim and release any right, title,
and interest it has to the Davis Road parcel lying east of the
Travis parcel to Travis.
4. That the City would join in a proposed plat or deed the
Temple Sinai property to itself as a right of way to facilitate the
access to the Shed, Tats, and Travis parcels.
5. That my purchaser, Aurora Homes, Inc., will pay for all
road and bridge improvements together with all permit fees to build
a road and bridge at no cost to the City and Tats. Said road and
bridge shall extend from Atlantic Avenue through to the Shed
parcel.
6. That the Aurora Homes plat (my buyer) shall plat an access
road to the City in place of the Owens Baker Road access to be
approved by the City Attorney. It is anticipated that an approved
site plan 'showing access to the water treatment plant will be
08/16/96 FRI 14:31 [TX/RX NO 7137]
~UG,1G.199G 3:35PM BRACKETT~COOK~SN£D~PA NO.$11 P.3/G
Susan A. Ruby, City Attorney
Page 2
August 15, 1998
submitted with the Aurora Homes' application.
7. That Tare will dedicate the west 20 feet of his 20 acres
~o a public right of way to provide access for the Travis and Tare
parcels to be purchased by Aurora
S. That the parties agree that this agreement shall not be
admissible in the Tare, City of Delray Beach, and Lake Worth
Drainage District lawsuit per the prior stipulation.
9. The City makes no representations Herein ~uaranteeing
zoning of any parcel regarding the number of units per acre. Ail
zoning must go through all application requirements by city
ordinance.
I am enclosin~ a.copy of the April 5, 1996, letter of intent
between Stanley Tare and myself for reference only, The reference
in paragraph 4 to 200 units refers only to road capacity. There is
no 9uartntee without proper zoning application as to the number of
units.
Sincerely,
cc: James W. vance, Esq.
08/16/96 FRI 14:31 [TX/RX NO 7137]
'~ '" NO'81i P,4/6 I
1175 N.E. i2:Jfh g~et
Sttite 102 "
Ndrd't Mi..nj, Ft:." ]3161 '
Tiffs lettir is to reference the intent crt' W'fllJam linecl ("!~ned") and Stanley Tats, Tmst.'-c ;: ',
("Trustee"} to enter into a propoied agreement aloL~g thc followirll~ t~rm~t kd coliclLltt~ ~et forth ,
below and such Additional terms and provisio~ ~ the l~artiml lind thelt r¢ipeetiv8 attorneys agree)
on on or beibt¢ ~:00 o'clock p.m0 est. on_ , . 199~, to ~t: s "
I; "Shed" mca.ns William Shed and/or oilier 0Wrier of property/mmedlately noP, h oft~ ' '
Trite Property owned by Trustee. '
2. ; .."T. ms~ee" means S! ,a,nley Tats, Trustee, or o~eti~rope~ t~wr~t iff~e ~i~perty ow~ect i.'
"(3id David Ro~" consisting of ~pptt~xlma[ely 4,20 ici-ii ("'t'atc) Prop~ffy~').
3' ~ned would either deed or cause to be deeded good ad marketabJt~ tltl. to the right- !i;.,
of-way to ~i eait 30 feet of the "Mllcked Sm]~ Parcel" located bri Atlantic Aveh~ie tu the City of
.D, elray Beach, Florida ("City") for publtc road/mci uilltl7 I~urpo~s so thai the cll'~ ~I1 have good
titl~ to a 60 f00t public road right, of'-way from Athh~ic Av~ntt~ io.the sotiiliwest b~tlridar,7 of th~
: Tats l~roperiyi ln~ludJn~ ~ nece-~sa'y permltl rrorn the L~ Worth D~alniii: Dbtnd over ihs LJ~ ,
.' Cim~l to permit ~uch right-of-way (?gencrai locattoii br~tich rlSht-ot-w~y ~oi. dd I~ on t:he westin i'.' '
boanddry bE the Tats Property rur~ng aczosl tile t-~iJ Ciinil arid theft cohflnUlfi~ kloh~ th~ ~esterii '
boiLndai-y Of f~e Total:lc Sinai property to Adan~lc' A¥i~nuet ~ the kt~a tl~J3erally shown c~h "
~ d.tti~e~efl hereto and m/de a peri h~reof ("Righ{-of-Way'9.
'., · i. Parties o~cr than Trustee woilld construct idiqtlate ~oaflwk.Y improveni~is (to ~erve
,
., tit Tatg. Pro~cn'7 .~l~ epproxLma!el¥ 2.00 tlfiit.d thereon) ori the Itlght, oi'-Way In the area generally ,,
: shown on ~ f~om AtlanE~ A'~_.~ to the Tate,~ro~ei'~ inct Would co~trttct lay rJght-ot'-
' ~ ' ,'' .... ; i,
· ' ,,7'
08/16/96 FRI 14:al [TI/RI' NO
IY: XERO~muG. i6. 1996' ~ ~:B6PM ]BRACKETT~COOK~SNED=PA
Tucker & Peach, P,A. '~'~
wa~ improvements owr ~ "Tat~ ~ght-of-Way ~at" (~ h=r=M~e~ d~) ("~gh~of-Way '
5. Sn~d Would caus~ ~ood ~d m~k~mbl~ tifl~ t0 ~ approxlma[~ly ~ ~ foot ~Mp
located i~ufely m ~e e~t ~d adjac=at to ~ T~te Ptope~y wh[~ is [~ ~ ~ g~uer~ly .,.
known as ~= "Old Davis ~ght-of-Way'L~ be conveye~ b T~sfee ~d, ~ e~ mMn~u~n ,''
lee e~c[ leg~ ~=;cfiption ofsu=h prope~ toge~cr wit~ · ~TA Fo~ B rifle policy in~; ~u~
propc~y in T~tee would be provided.
dcid ~ ~te Ci~ ~8 westerly 6o fed of ~e Tat= Prop~ ("Tat~ ~gh~-of-Wa~ ~ea'3 to be ~ for
public road ~d utility ~oaca (amorc spedfic legfl descrlpfio~ W~Uld be required pd~t to the
ekceu~on of ~ Agreement), res:~ing access over such Tat~ ~g~t. of-Way for ~ benefit ~f flxe ~ ,
Tare Prope~y, ,',
; 7. The Kiglxt-oLWay ~om Ail~tic Avenue m ~ Tat= Prope~ to$efl~et wi~ gl
nccesa~ p~l~ (including ~y p=~itg requited by ~he L~e Wo~ Br~hage Db~d) a=c=s~ '
to con:~ct ~e improvemen~ in fi;e road ~ght-of-Way from A~tli Avenue to the Tn~ Prop=~
per Oity s~eoiflcafion~ sh~ll have b==n obtained on or bef~r~ ~d ~e road
improvement~ in tl~ road ~ght-of-Way fr~m Ad.tlc Avenue to ~e Tat~ Pmpe~ (n~es$~ to
~e~e ~e Tat= Pmpe~) shM! be completed on or before ~ ~wi~ all p~l~s. ~as~ ~d "
co~t~c~on exp=nse~ to be bomc by p~ies o~er ~ Tm~e;. -
[a~;~ment }h~ }~e o~t of fl~= sn~d prope~ Will ~ompl~e :cons~ctlon of d~e r~adwsy ..,
ilnProv~mefitS in ~e Tare ~ght~f-Way to Cliy spe=Jfi~aflon$ ~ ~ll pe~l~, cos~ ~d
=onstmcfio~ eXpeh~s to bc borne by ~e o~er office Shed ~ropc~ [~d to ~ ~i~nt ~e own~
~ ~e.. Tats_ P~e~v. uppn commence ~ ent of d~vduu~.t_. =. of ~v .uo~loff~ pf ~e g~$d. Prouc~v. . l, ;' ', ,
9. ' ~e te~{ of ~s ~tter, a= WoH ~ ~o coh~mplatc~ ~gtc=meUt, ~e ~or p~oses of "."
defineal ~ ~y ~d ~ doc~n=nis, d~so~ssions, ~ ~ ,.
sdtlement tof ~e "Lawsuit" fas hereln~r ' ' ': ' ' '
co~e~pond~ca bt O~er c~n~ca~ *i~ reged ~eem ~ no(a~issible ~ ~e law. it styled: ,
St~ O. Tare Vs, City of Delrmy Beach and L~e Wo~ Driiniie Dts~lot, C~e No, 93-5198AI "
08/16/96 ~I 14:31 fTX/RX NO 7137J
~?'~",r~,F.l~l[~iJG. !G. 199E~ r ~ = szPn-
~,,' ti.*...~ · : , :,.
' ~rnc~ett, Sit~d,'W~lch, D'~glo, ' ;"
, I~96 ~e~c~n ~c Ci~, WIUtm Sne~ Tale m~ thi L~ Wo~ D~hl~e DisPel. ",.
10. - ~s letter of intent m~y be ex~euted ~ ~o bt ~orl coun~s, al~ ofwlfich shall
cons~tuti one ~d~ Sine le~er. Thee may be dupiicat~ og~ ~f~s le~e~ ofln~nt, o~y ccc ~.
intent as of ~[S dat~ md d6es not constitute ~ offer to cheer into i eOnb~t Or ~ o~er ~pe o~ ','
agre~mcat. At such time = ~e p~es have ~ly ~ ~pon ~1 t~ ~d d~dli o~ ~e ..'.
proposed ~sacflon, tt ~a om mten[ ~at ~ A~eemeflt woatd b~ ~d by ~el of ~e p~s .,
~d fl~at auc~ A~cement would be evld~nce~ by a blhd~g Agreement exec~d by T~t~e,
City ~d ~e L~e Wo~ Drelnage Dl~lct. ~ ".
'.
If ~e foregoing meets M~
intent md retm s~e to the ~dersl~ed. ' .. :.'
'
Vc~
B~C~ SNED, ~LCH, D'ANOIO, ,,'..
' ' i:.
By: "'
' ACCgP~D ~ AG~ED:
St~ley Tate, Trustee
,
~',
~cur.~ et Rtdllelnl NQ( Cuarlnl~ed . .
,
12' V'tlUTY [)~.'.'~CSdCl,(T
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ ~ ~ - REGULAR MEETING OF AUGUST 20t 1996
FY 1996/97 WATER AND SEWER FUND BUDGET
DATE: AUGUST 16, 1996
Included with the agenda packets are the Commission's budget books.
Detailed budgets for water and sewer have been included. We have been able
to reduce the proposed water and sewer rates from a 3% increase to a 2%
increase.
Staff will be prepared to discuss the water and sewer budget and answer
Commission's questions on Tuesday evening.
ref:agmemol0
CITY OF DELRAY BEACH
PROPOSED WATER RATES
OCTOBER 1, 1996
PREVIOUS PROPOSED
RESIDENTIAL CUSTOMER
CUSTOMER CHARGE (PER METER) 1.55 1.59
CAPACITY CHARGE (PER UNIT) 7.62 7.78
COMMODITY CHARGE (PER 1,000 GALLONS)
00 to 03 1.05 1.08
04to 20 1.16 1.19
21 to 35 1.26 1.29
36 to 50 1.37 1.40
over 50 1.58 1.62
Single Family using 10,000 gallons-- 20.44 20.94
CITY OF DELRAY BEACH
PROPOSED SEWER RATES
OCTOBER 1, 1996
PREVIOUS PROPOSED
RESIDENTIAL CUSTOMER
CUSTOMER CHARGE (PER METER) 1.55 1.59
CAPACITY CHARGE (PER UNIT) 9.27 9.46
COMMODITY CHARGE (PER 1,000 GALLONS) 1.13 1.16
SCRWTDB CHARGE 0.75 0.77
Commodity Charge maximum 12,000 gallons
Single Family using 10,000 gallons-- 29.62 30.35
Memorandum
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director (f{9
Dorothy Ellington, Community Development Coordinator/~3 ~
From:
Date: August 12, 1996
Subject: HOPE 3 Contract for Sale/Anthony and Shuntell Simmons
ITEM BEFORE THE COMMISSION
This is to request approval to execute a Contract to sell a housing unit acquired through the HOPE
3 Program to an income eligible family of four who are at 75% of median household income.
BACKGROUND
The unit to be sold is located at 511 Angler Drive, in the Delray Shores subdivision. We purchased
the property on April 14, 1995 at a cost of $41,400. The rehabilitation has been completed to the
unit at a cost of $21,985 and has appraised for $73,000.
Federal regulations require that the unit be sold at appraised value. Because the buyer for this
property only qualified for a $43,280 first mortgage, we have the flexibility in this program to attach
a subordinate mortgage for the difference between the first mortgage amount and the appraised value.
The purchaser of the property is required by the program guidelines to contribute 3% of the appraised
value to the purchase of the unit. Therefore a Promissory note in the amount of $27, 530 will be
recorded in the public record. The note stipulates a full recapture provision for the first six years with
a decrease of 168th of the original balance per month for the next 14 years. If the unit is sold by the
purchaser before the 20 year note expires, only the amount of down payment, principal payments and
property improvements made by the purchaser will be available to he/she/them at the sale.
RECOMMENDATION
Staff recommends approval to execute the contract to sell this HOPE 3 unit to Anthony and Shuntell
Simmons.
Io.A ·
CONTRACT FOR SALE AND PURCHASE
PARTIES: The CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"),
of 100 N.W. 1st Avenue, Delray Beach, Florida 3.3444 (Phone: 407-243-7000) and
Anthony Simmons and Shuntell Simmons .~ ("Buyer"), of
4226 Brandon Dr. ~ Delray Beach, Florida 33445 (Phone: )
hereby agree that the Seller shall sell and the Buyer shall buy the following real property ("Real
Property") and personal property ("Personalty") (collectively for Real Estate Transactions
attached ("Standard(s)") and any addendum to this instrument.
I. DESCRIPTION:
(a) Legal description of Real Property located in Palm Beach County,
Florida: Lot 33, Block 2~ Delray Shores, according to the Plat thereof on
file in the Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 24, Pages 232 and 233.
(b) Street address, city, zip, ofthe Property is: 511 Angler Drive, Delray Beach,
Florida 33445
(c) Personalty:
II. PURCHASE PRICE: .................................... $ 73,000. oo
(a) Deposit(s) to be held in escrow by N/A
in the the amount of $
Co) Additional escrow deposit within N/A days after Effective
Date in the amount of $
(c) Subject to AND assumption of mortgage in good standing
in favor of N/A having an approximate
present principal balance of $
(d) Purchase money mortgage and mortgage note bearing annual
interest at 8. 625 % (see Addendum) herein, in an amount of $ 43,280.00
(e) Other: Homebuyer Assistance from the Seller to be $ 27,530.00
secured by Promissory Note/2nd Mortgage attached.
(f) Balance to close (U.S. cash, LOCALLY DRAWN certified or
cashier's check), subject to adjustments and prorations $ 45,470.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before Sept. 15, 1996 , the deposit(s) will, at Buyer's
option, be returned to Buyer and the offer withdrawn. A facsimile copy of this Contract
for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all
purposes as originals. The date of this Contract ("Effective Date") will be the date when
the last one of the Buyer and the Seller has signed this offer.
IV. FINANCING:
(a) If the purchase price or any part of it is to be financed by a third-party loan, this
Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1) or
(2) or (3)): (1) ~ a fixed, (2) . [] an adjustable or (3) [] a fixed or adjustable rate loan
within 60 days after Effective Date, at an initial interest rate not to exceed 8. 625 %,
term of 30 years and for the principal amount of $ 43,280 buyer will
make application within 30 days after Effective Date and use reasonable diligence
to obtain the loan commitment and, thereafter, to meet the terms and conditions of the
commitment and close the loan. buyer shall pay .all loan expenses. If Buyer fails to
obtain the commitment or fails to waive Buyer's rights under this subparagraph within
the time for obtaining the commitment or after diligent effort fails to meet the terms and
conditions of the commitment, then either party thereafter by prompt written notice to the
other may cancel the Contract and Buyer shall be refunded the deposit(s).
V. TITLE EVIDENCE: At least 7 days before closing date, Seller shall, at
Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A,
(CHECK (1) or (2)): (1) [] abstract of title or (2) l] title insurance commitment and,
after closing, owner's policy of title insurance.
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on September 15, 1996 ., unless extended by other
provisions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½
feet in width as to the side lines, unless otherwise specified herein); taxes for year of
closing and subsequent years; assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the foregoing and none of them
prevents the use of Real Property for residential purpose(s).
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to
Standard F. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all
risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Property in their
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this
Contract):
a)~q Coastal Construction Control Line Rider
b)[3 Condominium Rider
c)r'l Foreign Investment in Real Property Tax Act Rider
d)[3 Insulation Rider
e)[-1 FHA/VA Rider
f)[] Other:
XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1)[2]may assign or (2)[2may not
assign Contract.
X. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1)Elis attached OR (2)[]is
not applicable.
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT.
XIV. DISCLOSURES: Buyer [] acknowledges or x--1 does not acknowledge receipt of the
agency/radon/compensation and estimated closing costs disclosure. BUYER'S
INITIALS.
SELLER: BUYER:
City of Delray Beach, Florida ///
Jay AlprSn, Sayor PrintNme:
ATTEST:
State of Florida
City Clerk County of Palm Beach
Approved as to Fo~: The foregoing inst~ent was
ac~o~ledged before me this '3l day of
~,.~5 (name of officer or
agem, title of officer or agem) of
(name/ of'corporation a[lm~wledging), a
(state or place of
incorporation) corporation, on behalf of the
corporation. He/She is personally known to
me or has produced ~t~ O,'T~e-v
(type of identification) as identmc~x .a~~,q/./
did (did not) take an oath
~ignamre 0f~otary Public-
~///~/~, 8T
Deposits) ~der P~agraph II received· IF OTHER T~ CASH, THEN SUB~~m
CLE~CE: (Escrow Agent) By:.
4
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
BUYER:
PROPERTY ADDRESS:
IXV. SPECIAL CLAUSES (Continued):
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder
("Regulations"), shall be required to withhold such amount as is necessary to comply with the
Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly completed remittance forms. If, however, on or before closing, Seller provides
Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-
Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that the Withholding Document furnished by Seller is false, as determined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the amount so
withheld to the Internal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing
of an application for a Withholding Document with the Internal Revenue Service and gives
notice of such pursuant to the Regulations to Buyer and said application is still pending as of the
date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any
amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
determination is made regarding said application at which time said amount shall be disbursed in
accordance with said final determination.
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding
obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to
satisfy the withholding obligation. In the event Buyer determines after the closing that the
Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to
withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have
the authority to withhold from any additional amounts due to Seller in accordance with the
Regulations, all or such portion of said additional amount due to Seller as Buyer deems
necessary to comply with Section 1445 and to remit the amount so withheld and report such
information as required under the Regulations to the Internal Revenue Service.
ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPHS
D AND N:
The parties.hereby agree that the time periods for the inspections referred to in Standard D and
Standard N shall be modified to be made within seven (7) days from the effective date of this
Contract. In addition to the rights provided to Buyer in Standard D and Standard N, if, for any
reason, the Buyer is not satisfied with the results of such inspections, Buyer shall have the right
to notify Seller in writing of Buyer's election to terminate this Contract within said seven-day
inspection period and receive the remm of all deposits made hereunder.
6
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if
not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title
toReal Property recorded in the public records of the county wherein Real Property is located, through Effective Date and which
shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this
transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully
paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of
the deed to Buyer, an owner's policy of title insurance in the amount of the pur~:hase price, insuring Buyer's title tO real property,
subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by
Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or
qualifm~tions set forth in ConWact. Marketable title shall be determined according to applicable Title Standards adopted by
authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment,
from date of receiving evidence of title to examine it. If title is found defective, Buyer shall; within 3 days, notify Seller in
writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from
receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it
then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall
release one another of all further obligations under the Contract. Seller will, if title is found unmarketable, use diligent effort to
correct defect(s) in title within the time provided therefor, including the bringing of necessary suits.
B. PURCItASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and
mortgage note to Seller shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace
period if second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall not permit
acceleration or interest adjustment in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in
good standing and forbid modifications of or future advances under prior mortgage(s); and the mortgage, note and security
agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses customarily found in
mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks
located in the county wherein Real Property is located. All Personalty and leases being conveyed or assigned will, at Seller's
option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the
final payment will exceed the periodic payments thereon.
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real
Properly surveyed and certified by a registered Florida surveyor. If survey, shows encroachment on Real Property or that
improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions,
Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have
Real Property inspected by a Florida Certified Pest Control Operator to determine if there is any visible active termite infestation
or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will have 4 days
from date of written notice thereof, within which to have all damages, whether visible or not, inspected and estimated by a
licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase
price. Should such costs exceed that amount, Buyer shall have the option of canceling Contract within 5 days after receipt of
contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event
Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of
the purchase price. "Termites" shall be deemed to include all wood destroying organisms required to be reported under the
Florida Pest Control Act.
D. INGRESS AND EGRESS; Seller warrants and represents that there is ingress and egress to the Real Property sufficient for
the intended use as described in Paragraph VII hereof, title to which is in accordance with Standard A.
F. LEASES: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and
estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and
security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be
furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants
to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting tothe absence, unless otherwise provided for
herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been
no imi~rovements or repairs ~;o Property for ninety (90) days immediately preceding date of closing. If Property has been
improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general
contrat:tors, subcontractors, suppliers, and materiaimen in addition to Seller's lien affidavit setting forth the names of all such
general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs
which ~ouid serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing of this
Contrail
H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office oftbe attorney or
other closing agent designated by Seller.
I. TIME: Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or
natiomfl legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall
extend to 5:00 p.m. of the next business day.
J. IIOCUMENT FOR CLOSING: Seller shall fUrnish deed, bill of sale, mechanic's lien affidavit, assignments of leases,
tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage
note, security agreement, and financial statements.
lC EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary
stamps, intangible tax and recording purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall
be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if
assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by
prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. · Advance rent and
security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be
prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other
,exemptions. If closing occurs at a date when the current year's .milage is not fixed, and current year's assessments is available,
taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then
taxes will be prorated on the prior year's tax. If there are completed improvements on real property, by January 1st of year of
closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the
prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to
the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration
based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition
that a statement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not
as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement
has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified
and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public
body.
N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of ten (10) days prior to closing, the ceiling,
roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water
damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in
WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Florida
license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items
that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not
less than ten (I0) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be
deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up
to three pement (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected
by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect
to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to
closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for
inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and
shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of
property prior to closing in order to confirm compliance with this standard.
8
accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject
only to such matters as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless
included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing
and executed by the party or parties intended to be bound by it.
W. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Real Property
which are not readily observable by Buyer or which have not been disclosed to Buyer.
10
O. RISI( OF LOSs. If
3% of the aSsess~ '. the Propers, is ~
Proceed purs,,~u. valuation ofth-',¥ oamaged bv fir- -
Percent (3%~ ~'~,.~ [o the term o£~-" rropeny so dam~'~'~ or other casual ....
is, toget~,.. '. ~.~.ule assessed vo,..~.°,ntract with rest~2s.Yu' cost ofrestor~'~.°_et.°re closin a .....
~'-ceimg C^-- ~-~- me three -- -,,,c Improve .... o,o cscrowed ~, ~,_ . -~ an Obli~a · ~ .'o,-rat~on d
·,-wact and receivin'~'~._P, ercent (3%) or ~,,:~a.~s so damaged ~.:."°Smg. It the '~2t~Tn~°fthe Seller an?f~s, n:t exceed
s ,eturn °fdeposit(s~'"'Y insurance p~oc~.~Yer Shall have th2~f.~_.°.~ the restoratio."_ c*osmg Shall
1'. I'ROCEEOS O1~ Sat,l~; eLOSlN ...... ~ payable t~ ....Z "puon o£eith ...... '.' exceeds thr~
evidence of title shal, · : -,hue of SUch I~¥' ,,u~mg Property
aelter's titl~ ;~ - ? omer mutu ~,. ~" "~ date of ~ "~. t, tle in Bu ..recorded u o _
the d-e~. ' '" rendered ,,,,...~al~.a~ceptable ~,,. _ the last eviden yet, without _P n clearance o
and Seller th ou,.,-Z w. ent for, c?. 'roc ts or th any e _ .um..h ces o r ? abstra
~:_ ~c~ect, ail denn .... '?, nave 30 da,,o ~- ...... ~autt of n,.- ~r/od O£not I,,-- e. Sale shall ~. ~_,_ r charge whi,-~..-..ct,
°"nuttaae~,,.,. ~."~,qs) shall ,.-_ ~° ,rom date .,e- . o,~yer, BU,,er ~,, ',-get than $ .~-- ~"~ -cia in ese~ ..... ~" would
wa,~-- 'T.TM with suo~ -- , -t~on writte., -, "-rece,pt of,,.~ ..... "'. within ,~- - . ,,sys t/om ~,,,~ _~ -'~- oy
any iaten,--. ' '=uyer fai~ -- - oUyer shal~ .- ;, oUyer an~ ....... "", ~o cure ~ -, 2 '"'~, notify .~.,,_ . -.s date. it'
twac of.~Zi ~.'a mbc derivea ~'"'~ff oe availabi,..~ ~."~Und, BUyer ~'-~,'~ ~cal Progeny o'~,.,.u, oc rc~ume,~ .~ ~mety cure
~"on/~ct ~_.. r ~'ccoures for *~ "oum~lonal tin-- : uy virtue ~.. uoe as is .,~:- . ,,uvcy It to ~. _ :~ and
dis§..o.~ ocucr Shall h ...... ctOSing, and fo- -- :'-a~cing or reti- "~ warranties c._. '. -roving all riph,- - ~,~ucr by SPecial
~or. mcnt ,~e ~ --c me rioL., w~ ulsburse,~ .... ma~cinp ..... u-rained i- -~- _ ~"'"~ against ~.
proced,,~ ~-mortgaoe ___ ~,- to rcauir~ ~ --,,,-.t Of~o,.,__ °' "quirement~ ^,~ ~. ,, mc cleed t: ~v.cr as to
[to~n~ ~,c required by -?. ~roceeds as a r~.~,-,- ~ ~orn thc lend;~~ ?gage proceeds ~f~ mc lendin . · .~..a Portion or
~ '~,cnaed. ~,uara may ~,~. . t' ~,y title de~-~- sti'"uon a wri'.~- n, u~ OVcr Co-,'-- [1-.. o.a [0
~ ~" watved if ti'~ -,.~a attributable ,_ ~-cn conlrnitm,~ .... ,,trary provisi~- .-
· -c agent in~..-~ -- ,o ~uycr.,~- -"'"' mat it w;n - ,~,t tn this
~"'~ adverse ..~,~_ '"~'rtgagor, ~h~ '- not Withhold
.... .~rs pUrsuam ~ o~ eSCrow and cl ·
' ~' o~ct~on 627 7~, os~ng
Q ESCROw: Any escrow agent ,,
da;rPe;~ntethn:rn~a:~uTPe tlY2 hold same in ('e'sAccgr:n~t) receiving fund~ --
FaJUeS///U~o)). -agreCrncm . ,,a. not e--- - anee, dis~--- - ,n~zc~ and --
thc n~.;._ '"'Y agree to i ..... '", '~gcnt may o.. ~cuse BUyer's .~ -urse thcrn in ..... agrees by ac ....
~_ ~-,,~ or Agent ~ .tn atsbursemcn, __ ~' ", ~gent's o~,:- ycrtormance re · "~.coraance wi,~, .- '~Prance of th,*~
~uncerned of su,*~ ~f.:ay deposit With ,~'~'~ .or until a judo,~.uo?, continue ~,~ '~_,'. in doubt as ,~ ," t~rms and co,.~:.Y~'t to
P._reviously del;7.~ a?°n' all liabild.;"_''~c clerk of the c~::~.~nt Ora COurt o£,.~'ora the subject ~.~_'~gent's duties nT~°.n.,s of
(1987) ~_ ,*fred out oe ~- ,,:v on thc Dart ~r . .-.mt court h~,,;-- · ~"mpetent i rio~_.? ',,alter of th ~' 'ao~tities
in o-~? aa amended A~.. ' ~crow. If a 1i~'~- ~."~gent shall a.,, ~"'gJurisdictio~, ^3u.;'°~'ctmn shall a~. e escrow until
· "fy suit wh~--- * uy suit be, .... *~stsea real .... ,u,ty tcrmino,~ *, ,nme dis~..- ~ctermine ,~._ . .
recurred with';~'~m~ Agent interol~'~e~ n.~Uyer and Se/~ff.~ta.te broker, Aoe~;~'.,e. xcept to the e*~' ~Pon notirvi,7~,r,~gnts of
Agent sh~- ,-c tees and ^~--' --~° me subiect ~_~ '~' where A~c,, :f "~.w111 COmply ,,;,L ~;tt[ °taccoun · -- ~'_6 att parties
rnio~-,. ,,,~u not be liab~ ,~ ~osts to be char-~ Tarter o£ the ,~o~ "' ,s mane a n~,~.'~ ..... n Provision~ ~, ~.ng for any
°~=uvery is due to ,,,~Td°. .any party or ,,~.sff_~ and assessed ~°_~'°w' Agent sh~l'~;~_°ecause of actino"~°o~'~ t~'t~apter 475
~,.ss neglioe ...... :~r or Seller ~e :. e, eva~lin~ oam, ~ o ,ees ~d co~
PU~oses of this St~' ~ h~: ~n ~y litigation ~i ' ~ .... °~ Agent. ~' ,[ems subject ~ ~ v, r~ies a~ree
or BUyer's broker, shall ~ en.~~ - 1 include Selle~ n Stag out of this ~- . '~ ,ms escrow -
, unless SUch
-uea to re .... , nUyer, Ii i.~ ~ . ~ontract, t ~ --
c~'~r re~on~,_ ~-'s oroKee ~_ , h~ Prevaitino
-~,c aaOmey's tees ~ffff~r s broker ~d ;~,m such liti~ati .......
~,u ~os~. "~ sunagents to ~ '5" ?mca, for
· "~ nst~ng broker
& FAILURE O~p
,~?~ Upon liquida;;~?s) paid by buw.~"{er tails to pe~o~ -
~'.~?~eUpon, BUyer ~,~ ~ages, cons~c~' ~a deposit(s) a ~ ,m th,s COn,act wit · .
~u~ to en~n,~ ~;7 oe,er sba ~ ~ ~emt~on for tk. ~ Ced to be o 'd -- -fire the nme · .
m~ea~ T'~ aehcr's H_~. I. ~c relieved hr.,, ~'~ execution ~7' ,,~ay be rc~i,~ . SpcCl~cd (incl.,~*
n~ ~,c a~er dili .... ,~n~ under thi~ ~ ~' ~u obligatio .... ~ m~s Cont~. ..;~u oy or for ~,~ - -umg paymcm ~
;-;)~,mance or ~. ~"' cttbn, ~c"~- ~ ~ontmct. ~e ~ "~ under Contr~.. '-~ ~a in t~ ~.~'~ aCCOunt o ~,,-' ~'
aeUcr's breach ..... ~o receive th~ ~';~' taus, ne~lec,~ ~, ~or ~y re~o, ;;7~'' or Seller, a~ ~t ~mement or ~ ~?er ~
P "~ WZthout ,~ ~.~ .ns CO~t~, .. ~.cr ~o ~. ~ ~..O~u t~
T. AGREEMENT N -,creoy Waivi.~ ~', me BU~e. - ~ oetter's title
~co~ in ~ . OT R~CO
for ~.. - ~ontext pe~'~ ' .,,o ~On~act -~ - o ~OUND. ~,~ esulting from
~ P~ Shall be ~ .... ~, singul~ snap :- a?tl hind ~d in- ' t~OTICE: Neita
~ ~zective ~ ie_. ' mc/uric n/urn, .ure to the ~. ~, mis Contra--
. 'g~ven by or to ,[~. ~ ~a One ~ena~. ~'~'~ ot the n~;~ ~ nor ~y noti
· ,*~ p~. ~ ~, ~natt include ~il '~ ~a their succe~,u Shall be
5~~::~:~r~elter shall convey title to Rea, Prope ..... ,or or to the
' P Pr/ate ~o ~he status of Seller, subjec~ ~vb~ s~a~u~o~ wa~ .... · '~o~ce oi ..... ~o~a m imerest.
~-tatned in Pa-~ ~,~onal repres
~"~ mose Otherwise
9
O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed
3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall
proceed pursuant to the term of Contract with restoration costs escrowed at closing. If the cost of the restoration exceeds three
percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as
is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of
canceling Contract and receiving return of deposit(s).
p. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract,
evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which would
render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's
attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If
Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of
the defect and Seller shall have 30 days from date of receipt of such notification tO cure the defect. If Seller falls to timely cure
the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special
warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to
any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion or the
, , ' ' to be derived from institutional financing or refinancing, requirements of the lending institution as to place,
purch~e, price ,~s .... ~A. ~sin" and for disbursement of mortgage proceeds shall control over contrary provision in this
time ot say aha proceuur~ ~,, ~,,, 5,
Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold
disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing
procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S.
(1989), as amended.
Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to
deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of
agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities
under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the
parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of
the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. UpOn notifying all par'ties
concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items
previously delivered out of escrow. If a licensed rea[ estate broker, Agent will comply with provisions of Chapter 475, F.S.
(1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or
in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and ca3sts
incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party~ Parties agree that
Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such
misdeliveW is due to willful breach of contract or gross negligence of Agent.
R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contraci, the prevailing party in such litigation which, for
the purposes of this Standard, shall include Seller, Buyer, listing broker, Buyer's broker and any subagents to the listing broker
or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costs.
S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of
all deposit(s)), the deposit(s) paid by buyer and deposit(s) agreed to be paid, may be retained by or for the account of Seller as
agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims;
whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in
equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from
Seller's breach.
T. AGREEMENT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be
recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney
for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's personal representative's or
guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise
9
NOTICE IS HEREBY GIVEN, that the
City ef Delray Baacfl, Florida, has
~ri~ ~:
~ 24, Pa~ ~ a~ 2~ ~ ~e P~
~ Circuit C~ ~ Palm ~ach C~
~, F~.
~e in C~ Hal; )~a~ at l~ N.W
1~ A~, ~lray Beach,
~. T~ Ci~ C~mi~ ~ )~ C~
CiN Commi~ C~am~, Cit~
CITY O~ DELRAY BEACH
Ali~ ~acGr~r
CiN Oerk
T~ N~
NOTi£E IS HEREBY GIVEN, fftat Yne
¢;~y o~ D~ray Beth, FWJda, ~
~, F~.
CiTY OF ~LRAY BEACH
Al~ ~Gr~
C~ C~
~4 Ra~ray ~h
MEMORANDUM
To: Alison MacGregor-Hart. City Clerk
Thru: Lula Butler, Community Improvement Director,?~'-
From: Dorothy Ellington, Community Development Coordinator
Subject: HOPE 3 Contract for Sale/Anthony Simmons
Date: July 2, 1996
Please publish the attached in the August 6th and 13th issue of The News. If you
require additional information or if clarification is needed, call me at ext.7282.
Thank you for your assistance.
NOTICE OF INTENT
TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has
determined to sell the following described property:
Lot 33, Block 2, Delray Shores, according to the Plat thereof recorded
Plat Book 24, Pages 232 and 234 of the Public Records in the Office of
the Clerk of the Circuit Court of Palm Beach County, Florida.
The sale of the property is for public purpose pursuant to a contract entered into
between the City of Dekay Beach and Anthony and Shantel Simmons. Further
information, as available, may be obtained from the City Manager's Office in City
Hall located at 100 N.W. 1st Avenue, Delray Beach, Florida 33444. The City
Commission of the City of Delray Beach, Florida shall hold a public hearing on the
proposed sale at their regular City Commission meeting of August 20, 1996 at
7:00pm in the City Commission Chambers, City Hall.
Memorandum
To: David Harden, City Manager
Butler, Community Improvement Director f/~
Thru:
Lula
From: Dorothy Ellington, Community Development Coordinatort/[" ~.~
Subject: Conveyance of Two City Owned Lots/Renaissance Program
Date: August 12, 1996
ITEM BEFORE THE COMMISSION
This is to request approval to execute a contract to convey two City lots for use as subsidy for two
income eligible applicants of the City's Housing Renaissance program.
BACKGROUND
The City acquired two vacant properties in May 1994, at a cost of $9,500 each for use as subsidy in
the affordable housing program. These properties are located on Southwest 6th Avenue and legally
described as:
Lot 2 and Lot 3, Block 22, Subdivision of the North Half (N 1/2) of Block 22 Town of
Linton, according to the Plat thereof recorded in Plat Book 10, Page 38, of the Public
Records of Palm Beach County, Florida.
The value of the lots will be secured by the City Attorney-approved Promissory Note/2nd Mortgage
and recorded on record with the Clerk of the Circuit Court of Palm Beach County.
RECOMMENDATIONS
Staff'recommends approval to execute the contracts to convey the above listed lots as subsidy under
the Delray Beach Renaissance Program.
MEMORANDUM
TO: MAYOR AND CITY CC~94ISSIONERS
FR~4: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /0-d*- REGULAR MEETING OF AUGUST 20, 1996
xNG/P ,zc FOR -9-96 (roTES
CHARGES FOR USE OF THE TENNIS CENTER)
DATE: AUGUST 15, 1996
This is second reading and public hearing for Ordinance No. 29-96 which
repeals Section 101.01, "Charges For Use Of Tennis Center", of the City
Code and enacts a new Section 101.01 to provide that the rates and charges
will be est_~blished by the City Commission on an annual basis. ~urrently,
the specific dollar figures are codified and passage of an ordinance is
required before any changes or adjustments can be made.
Staff feels it would be preferable to treat the tennis center the same way
as the golf courses. That is, based on recommendations from management,
the Commission has the flexibility to review and establish the rates on an
annual basis through administrative approval of proposed changes.
At first reading on August 6, 1996, the Commission passed the ordinance by
unan/mous vote.
I recommend approval of Ordinance No. 29-96 on second and final reading.
If passed, the proposed tennis center rates for FY 96/97 are also scheduled
for Commission consideration.
ref: agmemol 1
ORDINANCE NO. 29-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES AND
RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF
DP.T.RAY BEACH, BY REPEALING SECTION 101.01, "CHARGES FOR
USE OF TENNIS CENTER", IN ITS ENTIRETY, AND ENACTING A
NEW SECTION 101.01, "CHARGES FOR USE OF TENNIS CENTER",
TO PROVIDE THAT THE RATES AND CHARGES SHALL BE
ESTABLISHED BY THE CITY ~SSION ON AN ANNUAL BASIS;
PRDVIDING A GENERAL REPF~L~R CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission desires the flexibility to review the
rates and charges based on recommen_~ations from management ada est_ablish
reasono~le rates and charges for use of the tennis center on an annual basis;
and
WHEREAS, the City Commission finds that the establishment of rates
and charges is more appropriately an administrative matter and need not be
codified in the Code of Ordinances of the City of Delray Beach, thereby
requiring legislative action to be amended.
NOW, THEREFORE, BE IT OPJ)AINED BY ~ CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations", Chapter 101,
"Parks, Beaches and Recreation", of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended by repealing Section 101.01,
"Charges For Use Of Tennis Center", in its entirety, and enacting a new
Section 101.01, "Charges For Use Of Tennis Center", to read as follows:
Section 101.01 CHARGES FOR USE OF TENNIS CENTER.
The rates and charqes for use of the municipal tennis center, for
residents and non-residents, shall be est_~blished by the City Commission on
an annual basis through administrative approval of proposed rate chanqes.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 20%h day of Auqust , 1996.
City C]-er~
First Reading August 6, 1996
Second Reading August 20, 1996
- 2 - Ord. No. 29-96
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FR~M: ~ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
SUBJ~Jf: AGENDA ITEM #/O-cl./- REGULAR MEETING OF AUGUST 20, 1996
APPROVAL OF TENNIS CENTER POLICIES AND RATES
DATE: AUGUST 14, 1996
ACTIC~:
City Commission is requested to approve the operating policy changes and
rates proposed by Mr. Dubin for the Tennis Center for FY 1996/97.
Attached are copies of proposed policy changes and rates for the Tennis
Center as sukmitted by Mr. Dubin.
The key policy changes include elimination of six month memberships,
reorganization of the pro shop to bring merchandise in on a consignment
basis, institution of 3-tier lesson rates, and revisions to daily court
fees to lower rates for afternoon and offseason play.
Increases in membership rates range from 7.5% to 10%. Other fee increases
and decreases are based on market conditions.
Also attached is a rate comparison summary with other courts.
RE(X]~TI ON:
Staff recommends approval of the policy changes and rates as proposed by
ref: agmemo5
DELRAY BEACH TENNIS CENTER
OPERATING POLICIES
1996/1997
Tennis Center Pro Shop will be r~organiz~d by bringing in metchand/se on a
~nsi~t ~is. Ci~ ~ no~ ~v~ ~y money ~d ~1 ~ive 15% of~e ~
~V~U~.
P~y~ ~1 be ~low~ to ~1 ~ ~d ~s~e ~ 3 days ~ ~~ v~ ~e
~t one ~y. 1 PM m~: 3 PM fll o~m.
~e or ~o ~difion~ USTA s~cfioned t~ ~B ~ ~d~ ~ 1~7 ~ m~ m~
Money s~id ~ent ~ ~ held.
~m 10 Wee~nd "Non T~s Ev~t" ~ ~.
M~ I0 W~k~y '~on T~s Ev~" in s~
Elimin~c 6 mon~ mem~ps.
~e revi~d ~ly co~ f~ ~cl~ low~ ~s for ~oon play ~d en~
off~..
~fi~ 3 tier lesson roms; m~s, co~ ~si&n~, ~ o~.
DELRAY BEACH TENNIS CENTER
BUDGET NOTES
1996/1997
MEMBERSHIP RATES
EXISITNG PROPOSED
# 1995/96 1996/97 %
NON-RES1T)ENT FAMILY 25 $450 $495 10.0%
NON-RESIDENT SINGLE 90 $325 $350 7.7%
RESIDENT FAMILY 75 $300 $325 8.3%
RESIDENT SINGLE 150 $200 $215 7.5%
340
MEMBER BENEFITS
· MERCHANDISE DISCOUNTS
· DISCOUNTS ON SPECIAL EVENTS HELD AT TENNIS CENTER
· CITY RESIDENTS AND MEMBERS HAVE ADVANCE CALL IN PREFERANCE
· MONTHLY TOURNEY - SION UP PREFERANCE
· LESSON PROGRAM DISCOUNTS
AMENDED 6/15/96
DELRAY BEACH TENNIS CENTER . '
1996/1997
DAILY FEES
I. COURT FEES - DAILY
8:00 AM - 12:30 PM 1:30 PM- 4:30 PM
6:00 PM - 7:30 PM
EXISTING PROPOSED EXISTING PROPOSED
NOV 1 -APRIL 30
CITY KESIDENTS
ADULTS 6.36 6.50 6.36 5.50
JUNIORS (<I 8YRS) 3.18 4.00 3.18 3.00
COUNTY RESIDENTS
ADULTS 7.95 8.00 7.95 7.00
JUNIORS (<I 8YRS) 4.25 5.00 4.25 4.00
NON-RESIDENTS
ADULTS 7.95 10.00 7.95 9.00
JUNIORS (<ISYRS) 4.25 7.00 4.25 6.00
MAY 1 -OCT 31
CITY RESIDENTS
ADULTS 6.36 6.00 6.36 5.00
JUNIORS (<ISYRS) 3.18 3.00 3.18 2.00
COUNTY RESIDENTS
ADULTS 7.95 7.00 7.95 6.00
JUNIORS (<18YRS) 4.25 4.00 4.25 3.00
NON-RES~S
ADULTS 7.95 9.00 7.95 8.00
JUNIORS (<ISYRS) 4.25 6.00 4.25 5.00
ALL RATES ARE TAX INCLUSIVE
II. LESSON RATES
MEMBERS COUNTY RESIDENTS ALL OTI-IERS
EXIS~G PROPOSED EXISTING PROPOSED EXISITNG PROPOSED
SENIOR STAFF
1/2 HOUR 25.00 22.50 25.00 25.00 25.00 35.00
1 HOUR 45.00 40.00 45.00 45.00 45.00 55.00
STAFF
1/2 HOUR 20.00 18.00 20.00 20.00 20.00 30.00
1 I-IOUR 40.00 35.00 40.00 40.00 40.00 50.00
III. MISCELLANEOUS RATES EXISITNG PROPOSED
ALL RATES ARE PLUS TAX
LIGHTS 3.00 3.30
LOCKER FEE
MONTHLY 5.00 10.00
YEARLY 50.00 30.00
BALL MACHINE RENTAL 15.00/HR 10.00
RACQUET RENTAL 5.00 5.00
IV. POLICY
COURT RESERVATION WILL BE CHANGED FROM ONE DAY ADVANCED CALL IN TO THREE
DAY ADVANCED CALL IN.
TIMES WILL REMAIN UNCHANGED: 1PM MEMBERS & RESIDENTS
3PM ALL OTHERS
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FR~M: RDBERT A. BARCINSKI, ASSISTANT CITY MANAGER
SL~kT~C~: bJ~3A ITEM # /~.~' - REGULAR MEETING OF AUGUST 20, 1996
FIRST READING FOR ORDINANCE NO. 30-96 AMENDING STORM~ATER
PJDGUIJkTI(~qS
DATE: AUGUST 15, 1996
City Commission is requested to approve on first reading Ordinance No.
30-96 which amends certain sections of Chapter 56, "Stormwater", of the
City Code.
BACN~%OUSD:
Staff has reviewed Chapter 56, "Stormwater", of the City Code and is
reco~m~u~ng the following changes:
(1) Remove all references to "interim method of collection" from the Code.
These references were included to accommodate collections the first
year the or~nance was in effect.
(2) Revise Section 56.16(D) (1) to provide that the 25% discount to
properties in the Lake Worth. Drainage District (LWDD) will be based on
the LWDD' s boundary map as opposed to Palm Beach County' s
name-address-legal (NAL) file. We have found discrepancies with the
County's NAL. As a result, some properties which should be receiving
a discount are not while other properties are receiving a discount
when they should not be getting one. By making this change, staff can
override the NAL designation and issue proper credits or debits.
T~ese changes will not affect the proposed FY 96/97 budget.
PJ~f~ATION:
Staff rec~,-.mends approval of Ordinance No. 30-96 on first reading. If
passed, a public hearing will be scheduled for September 3, 1996.
ref: agmemo8
ORDINANCE NO. 30-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, ~FLORIDA, AMENDING CHAPTER 56, "STORM~ATER", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 56.04, "DEFINITIONS", TO CORRECT THE
DEFINITION OF ' DIRECTOR', DELETE ' INTERIM COT.T.WCTION
METHOD', AND MODIFY 'UNIFORM COLT.~.CTION METHOD'; AMENDING
SECTIONS 56.16, 56.17, 56.18 AND 56.19 BY DELETING
REFERENCES TO THE INTERIM COT.T.RCTION METHOD; REPEALING
SECTION 56.21, "INTERIM METHOD OF COLT.~TION'', IN ITS
ENTIRETY; AMENDING SECTION 56.16(D)(1) TO PROVIDE THAT
PROPERTIES LOCATED WITHIN THE LAKE WORTH DRAINAGE
DISTRICT SHALL BE DEFINED BY THE DISTRICT'S BOUNDARY MAP;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, City staff has reviewed and recommends certain changes be
made to Chapter 56, "Stormwater", of the Code of Ordinances of the City of
Delray Beach, Florida; and
WHEREAS, upon enactment of Chapter 56, "Stormw ter", an interim
collection method was set forth; and
WHEREAS, the interim method of collection is no longer applicable
because the City has adopted the uniform method of collection; and
WHEREAS, all uncollected amounts levied prior to the adoption of
this amendment shall remain due and owing, and nothing contained herein shall
be construed as nullifying the previously assessed amounts; and
WHEREAS, the City Commission finds that certain provisions of
Chapter 56, "Stormwater", of the City Code are either obsolete or should be
amended to provide for the more efficient administration of the stormwater
management utility.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 56, "Stormwmter",
Section 56.04, "Definitions", of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby amended to read as follows:
Section 56.04 DEFINITIONS.
"DIRECTOR." The ~¢¢~/~/~¢/~ Assistant City Manager or
his designee.
~/~/~/~¢/~/ /¢~¢~¢~/~/~3/~/¢~¢~/ /~/~/~/~¢~/ /~
"UNIFORM COT.T.~CTION NETHOD." The method ,f¢~¢¢IbY.//~$//~Y.~¢~/r~l~¢
I~?$~/~/YJ~/~¢~[ to be utilized by the City for the yea= commencing
October 1, 1991, and each year thereafter for the Billing, collection and
enforcement of the payment of the stormwater management assessments, as
authorized pursuant to F.S. Section 403.0893, as amended and supplemented,
emil F.S. Chapter 197, as amended and supplemented.
Section 2. That Title V, "Public Works", Chapter 56, "Stormwater",
Section 56.16, "Est_~blishment of Rates for Stormwater Management
Assessments", of the Code of Ordinances of the City of Delray Beach, Florida,
is hereby amended by repealing Subsection 56.16(A)(2) in its entirety.
Section 3. That Title V, "Public Works", Chapter 56, "Stormwater",
Section 56.16, "Est_~blishment of Rates for Stormwater Management
Assessments", Subsection 56.16(D)(1), of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended to read as follows:
(D) All properties are subject to the rate classifications
contained within Sec. 56.16(C). However, some properties may be entitled to
cumulative discounts. The discount rates are as follows:
(1) Lake Worth Drainage District. All properties located
within the Lake Worth Drainage District (LWDD), as ~1~¢~¢~//~/y3~¢//~3~
~9~/~l~/~q~¢~l~¢~¢~/~/~/F/$6; defined by the LWDD boundary map,
shall receive a twenty-five percent (25%) discount.
Section 4. That Title V, "Public Works", Chapter 56, "Stormwater",
Section 56.17, "Adjustment of Stormwater Management Assessments", of the Code
of Qr~inances of the City of Delray Beach, Florida, is hereby amended to read
as follows:
Section 56.17 ADJUSTMENT OF STORM~ATERMANAGEMENTASSESSMENTS.
(A) Owner-initiated adjustments. Requests for adjustment of the
stormwatermanagement assessment shall be sulmuitted to the Director, who
shall have authority to adjust stormwater management assessments, to
administer the procedures and stao~ards, and to review criteria for the
adjustment of such assessments as established herein. In the review of
adjustment requests, consideration shall be given to properties with valid
surface water management permits indicating the provision of functional
retention facilities. The following procedures shall apply to all requests
for adjustments of the stormwater management assessment permitted under this
chapter:
(1) Any owner who believes the stormwater management
assessment is incorrect may, subject to the limitations set forth in this
section, sutxait an adjustment request to the Director.
- 2 - Ord. No. 30-96
(2) The adjustment request shall be in writing and shall set
forth, in detail, the grounds upon which the correction is sought.
(3) ~1~¢11~'~1¢~¢¢~11~¢~1~1~11~1~11~¢
~$~11~ ~e adjus~ent r~est must ~ ~de ~n si~y (60) ~ys after
~ceipt ~ ~e ~er of ~s or her ~ bill con~i~g ~e stouter
~g~t asses~ent. ~/~/~~/~~/~/~/~/~/~/~
~~l~~l$~l~~l ~e adjus~t r~est ~11 ~ revie~d by
~e Director ~n a fo~ (4) mon~ ~ri~ fr~ ~e ~te of filing of ~e
adjus~ent r~est. ~nsideration ~ ~e Director of ~e ~er's r~est for
adjus~ent s~ll not relieve ~e ~er of ~e obligati~ to ~e t~ely
~ent of ~e stouter ~g~ent assessment. In ~e event ~ adjus~ent
is ~ted ~ ~e Director ~ch decreases ~e stouter ~g~ent
asses~ent, ~e ~er s~ll ~ entitl~ to a ~f~ of ~e excess stouter
~g~ent assessments ~id. ~1~1~~1~~1~1~~11~
~/~//~/~ ~e ref~d s~ll ~ ~iled by ~e Pa~ ~ach ~ty T~
~llector (~e "~ ~llector") ~ess ~e ~ ~llector ~ ~e City agree
o~e~se.
(4) The owner requesting the adjustment may be required, at
his own cost, to provide supplemental information to the Director including,
but not limited to, survey data certified by a professional land surveyor
and/or engineering reports approved by a professional engineer and acceptable
to the Director. Failure to provide such information may result in the
denial of the adjustment request.
(5) The adjustment to the stormwater management assessment
will be made upon the granting of the adjustment request, in writing, by the
Director. The document granting the adjustment request will be provided to
the owner and]/ $~ /~!~¢ /~W~l~/~¢~!~/ ~ / ¢~¢¢~/ $~ /~J~/~¢~/~ / ~!~¢ /~ ~l~~
~9~¢/~¢~¢~$ will also be sent to the Tax Collector. A denial of an
adjustment request shall be made in writing by the Director, a copy of which
shall be provided to the owner.
(6) All non-residential properties located within the Lake
Worth Drainage District with private drainage systems on site shall not be
eligible for an adjustment based on on-site retention of stormwater. All
other non-residential properties with private drainage systems on-site shall
be eligible for an adjustment based on on-site retention of stormwater.
(B) Appeals. All determinations of the Director pursuant to this
section may be appealed to the Board of Appeals. These appeals must be filed
within thirty (30) days of receipt of the written determination of the
Director. The Board of Appeals shall complete a review within sixty (60)
days of .receipt of the request for review and shall be evaluated based upon
the stao~ards and review criteria set forth in this chapter. The decision of
the Board of Appeals shall be final. The Board of Appeals shall be comprised
of the City Manager, the City Engineer, and the Planning and Zoning Director,
or their designees.
- 3 - Ord. No. 30-96
(C) City-initiated adjustments. ~II~III~~II~¢Y-~III~f
¢~;~¢¢~L~l~ll~ll~¢e]ll~2l~¢ll¢~%2ill~ _Any errors in ~e stouter
~g~ent assessment, or faille to c~ge a stouter ~gement
asses~t, ~y ~ correct~ by ~e Director ~ sixty (60) ~ys aft~
o~ng of ~e ~ roll for collec~on. ~/~/~~/~/~//~~
~ ~ / ~ / / ~ / ~ / / ~ / / ~ ~ I / / ~2 / / ~ / / ~/ / ~ / / ~%~ %~ / /~~ ~
~ ~ ~ I / ~ / ~ ~ / %~ / ~ / / ~ / ~~ ~ /~~% / ~ ~ ~ ~ I /~ / /~
~~1~11~~1 ~rrections ~ch reset in ~ increase in ~e
stouter ~gement assessment c~ot ~ ~s~ ~til ~e ~er ~s
consent~ in ~iting to ~e increase or ~s ~en given at least ten (10)
~ys' ~tice by ce~ifi~ ~1 ~ ~ o~~ to ~ he~. ~ce ~e
adjus~ent is fi~liz~, ~e Director s~ll se~ d~en~tion reflecting ~e
adjus~ent to ~e ~er ~d~/$~//~/~~/$~//~/~~$~/$$//~$~
~$~y/~/~~$~/~ ~so ~/~ to ~e ~ ~llector.
(D) Inspections. The City may require an annual inspection of
on-site retention/detention facilities on parcels to which an adjustment to
the stormwater management assessment has been granted. The owner benefiting
frcm such adjustment shall be required to pay to the City an annual
inspection fee in an amount determined by the Director. For the purpose of
protecting the health, safety and welfare of the citizens of the City, the
Director may cause an inspection of any property within the benefited area.
Such inspection shall be made upon reasooable notice to the owner or occupant
of the property unless an emergency exists, as determined solely by the
Director.
Section 5. That Title V, "Public Works", Chapter 56, "Stormwater",
Section 56.18, "Delinquent Stormwater Management Assessments", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as
follows:
Section 56.18 DELINQUENT STORM~ATERMANAGEMENTASSESSMENTS.
~ The provisions under F.S. Chapter 197, regarding
delinquencies, penalties and tax certificates and tax deeds shall be
applicable with respect to the non-payment of the stormwater management
assessments~ ~¢~/Y3~¢/~~/~¢y_~k~/~//¢~¢¢~$~/~l~/~3~¢~/~D~¢~/~//y.~¢
¢~/
- 4 - Ord. No. 30-96
Section 6. That Title V, "Public Works", Chapter 56, "Stormwater",
Section 56.19, "Stormwater Management Assessment Lien/Enforcement", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
Section 56.19 STORM~ATER MANAGEMENT ASSESSMENT LIEN/ENFORCE.
(A) All stormwater management assessments assessed pursuant to
this chapter, shall be a lien upon the property to which such assessment
relates from the first day of the year for which said assessment is imposed
until such assessment is paid. The owner of every building, premises, lot or
house shall be obligated to pay the stormwater management assessments. All
delinquent stormwater management assessment liens may be enforced at any time
by the City at least thirty (30) days subsequent to the date of the service
of the notice of lien for the amount due under such recorded liens, including
all interest charges, plus costs and a reasonable attorney's fee by a
proceeding in a court of law or equity to enforce or foreclose such liens in
the manner in which a mortgage lien is foreclosed under the laws of Florida,
or the collection and enforcement of payment thereof may be accomplished by
any other method authorized by law. It shall be lawful to join in any
complaint or foreclosure or any legal proceedings, any one or more lots or
parcels of land that is the subject of a lien or liens. In the case where a
tenant in possession of any premises or buildings shall pay said assessment,
it shall relieve the land owner from such obligation and lien; but the City
shall not be required to look to any person whatsoever other than the owner
for the payment of such assessment. No changes of ownership or occupation
shall affect the application of this chapter, and the failure of any owner to
learn that he purchased property against which a lien for stormwater
management assessment exists, shall in no way affect his or her
responsibility for such payment. ~/~;l~{/~/f.~¢//~¢~/~/~3~¢/¢)~¢~//~
_The annual stozrm4ater management assessment ~//¢~¢~g~/~;{~//~//~!~¢
~/J~//~¢~//~//¢~¢¢~//~ shall be subject to all collection
provisions of F.S. Chapter 197, as amended and supplemented, including
provisions relating to discount for early payment, prepayment by installment
method, deferred payment, penalty for delinquent payment, and issuance and
sale of tax certificates and tax deeds for nonpayment, as provided by law.
Such stoznmwater management assessment is subject to becoming a lien against
homestead, as provided in Section 4, Article X, of the Florida Constitution.
- 5 - Ord. No. 30-96
Section 7. That Title V, "Public Works", Chapter 56, "Stormwater",
Section 56.21, "Interim Method of Collection", of the Code of Ordinances of
the City of Delray Beach, Florida, is hereby repealed in its entirety.
Section 8. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 9. 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 10. That this ordiu~ce 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
City Clerk
First 9~ading
Second Reading
- 6 - Ord. No. 30-96
gOMMENTS FROM CITY COMMISSION
REGULAR MEETING OF AUGUST 20, 1996
11. Comments and Inquiries on Non-Agenda Items from the
Public - Immediately following Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
In response to a/prior inquiry regarding the condition
of portable classrooms at Carver Middle School, the City Manager
stated that by State law, the City cannot regulate the location
or the condition of portables on school property. In addition,
the City cannot require the school to paint the portables or
landscape the area. City staff, however, has had discussions
with the Palm Beach County School Board staff requesting that the
portables be painted. The City Manager stated that the portables
have all been painted the same color. The City Manager
reiterated that under State law there is nothing more the City
can do and suggested that those people who are unhappy about the
situation should complain to their State legislators.
11.B. From the Public.
11.B.1. Alice Finst, 707 Place Tavant, stated she previously
expressed concern about,/signs on the right-of-way at the beach
advertising long distance rates. She feels there is a similar
situation occurring on Military Trail in the median just north of
the Boca/Delray canal advertising "gases coming soon" (natural
gas, etc.). She feels some activity needs to be done to prevent
these signs from being erected in the rights-of-way.
11.B.2. Gerald Defoe, President of Progressive Residents of
Delray (PROD), thanked the City Manager for his assistance in
talking to the principal of Carver Middle School regarding the
portables. He stated that indeed the portables have been
painted, however, was informed this afternoon by the principal's
office that bushes will be planted in back of the portables.
Mr. Defoe stated that PROD may be asking for assistance
from the City in an effort to secure more funding from the State
for education and w6hools. Currently, he is asking for the
Commissions support and will keep the Commission advised as to
the assistance PROD will need in the future.
Lastly, Mr. Defoe expressed concern over the J~s
shelters. Palm Tran has informed Mr. Defoe that it would~st
between $4-6,000 to install aluminum and plastic bus shelters.
He stated that Palm Tran does not have the money and feels
without the shelters, this will not work.
On behalf of PROD, he thanked the Commission for their
continued support regarding the newracks.
11.B.3. George Rotchford, 2129 S.W. 35th Avenue, thanked and
commended the Parks and Recreation Department, the Environmental
Services Department, and the City Manager's office for their help
and quick response to the wood chip mulch problem he and others
experienced in the subdivision where he lives. In addition, he
extended his gratitude to the Police Department and the Fire
Department for presenting such a superb program on arson. He
stated that the brochure that was distributed during the program
was quite informative. Further, Mr. Rotchford feels that the
spirit of everyone's help throughout the City is greatly
appreciated.
11.B.4. Helen CooDersmith, 1222-D South Drive Way, expressed
concern over the ~chool issue and feels that the County and the
City should not play politics with the schools or its children.
She feels that the Palm Beach County School Board needs to tend
to the needs of the children and make it more accessible for the
children to get from classroom to classroom. She urged the
Commission to do a marketing study to figure out how much space
is actually needed in the schools. She urged the Commission to
be supportive of the schools and reiterated that the politics in
the school system needs to stop.
11.B.5. Jerry Marshall, 499 S.W. 29th Avenue, commented on the
~chool issue and feels there needs to be a 1% sales tax to
mandate money to be used only for the construction of schools to
alleviate the problem of over crowded schools. He concurred with
Mrs. Coopersmith's comments and reiterated that people need to be
more supportive of our schools.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager
The City Manager gave a brief status report on the
Marina Delray. Me stated that on July 23, 1996, the City
Commission approved an extension to the deadline dates for the
Marina Delray SAD (Special Activities District). He stated that
permits for parking and landscaping improvements were to be
submitted within 30 days of that approval. Permit application of
the parking lot was received on August 2nd and is currently being
reviewed. The application for the landscape permit is expected
to be received before the end of this week which will meet the
deadline. Once the permits are issued, the owner has 90 days to
complete the improvements. The City Manager stated that he will
keep the Commission informed of the status.
With respect to Mayor Alperin's concern at t~e last
meeting regarding Police overtime and how it affected ~ensions,
the City Manager stated this is one of the reasons why the City
was opposed to the Division of Retirement (DOR) rule changes.
The City's present definition of earnings for Police Officers and
Firefighters' pension purposes is "basic wages paid to a member
excludinq overtime, bonuses, and any other non-regular payments".
The City Manager stated that at this time, the money earned in
overtime does not add to the pension benefit. Further, the City
Manager explained that DOR tried to get this passed through the
legislature and was almost successful.
Thirdly, the City/Manager stated that the City is
working towards getting the ~Christmas tree up again this year.
The City Manager explained that he expects the costs for getting
the tree up will be approximately $12,000. Robert Barcinski,
Assistant City Manager, met twice last week with Marjorie Ferrer,
the Public Works staff, and representatives from Mouw
Construction, and Mizner Electric to discuss maintenance needs
and requirements for the Christmas tree. It was the consensus of
those present that due to the condition of the metal frame and
electric wiring, that all the wiring should be removed, the frame
should be sandblasted, reprimed, and painted. The tree should
also be rewired and the wiring done differently to avoid pinching
and cracking the wiring in the frame. The City Manager stated
that this will involve a considerable amount of time and money to
complete. Due to time and funding restraints, it could not be
completed until after the tree is taken down this season. It is
estimated that it will cost approximately $50,000 to do all this
work. It is also estimated these repairs will last approximately
8-10 years if the tree frame is stored on a concrete pad and
covered. It is estimated that an additional $8-10,000 will be
needed to do this. The City Manager stated that Mr. Barcinski
recommended that the City do the minimum to get the tree up this
season, and consider all or part of the major maintenance after
the tree is taken down. At this point, the City is planning to
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steel brush the worst rust areas and paint over the spots with
green paint, and repair the existing wiring.
13.B. City Attorney
/ Regarding the Division of Retirement (DOR) rules from
the ~lice and Firefighters', the City Attorney stated she
believes that the DOR has withdrawn their proposed rules. She
informed the Commission that she will have more information when
the paperwork is reviewed.
Also, regarding the Solid Waste Authority lawsuit, the
City Attorney commented that there has been a request by the
attorney of the Noland company to act as amicus curiae ("friend
of the court") by submitting a court brief. The Commission
concurred with the City Attorney's comments.
13.C. City Commission
13.C.1. Mr. Ellingsworth
Mr. Ellingsworth suggested erecting a permanent ~gn
(east of 1-95 on West Atlantic Avenue and on North & South
Federal Highway) in which the City could have 4x4 inserts or
changeable slots (i.e. Jazz on the Avenue). Me stated that this
way when a new event is held, no one has to dig a new hole to
erect a sign for a special event. He feels that a permanent sign
will show consistency throughout the City and urged the City
Manager to look into what the cost may be for this type of sign.
Secondly, Mr. Ellingsworth stated that at a Florida
League of Cities meeting he noticed people wearing permanent
logos with their names and identification. He feels this an
extremely good idea. Mr. Egan commented that what Mr.
Ellingsworth is referring is known as a "blazer crest" Mr. Egan
stated he will obtain samples and give them to Nancy King, Staff
Editor.
13.C.2. Mr. Randolph
Mr. Randolph commented about the scheduling and
completion dates of the Lake Ida Road Beautification Project and
the East Atlantic Avenue Beautification Project. In response,
the City Manager stated he would look into this matter and advise
Mr. Randolph of the status of these two projects.
13.C.3. Mr. Eqan
Mr. Egan had no comments or inquiries.
13.C.4. Ms. Kiselewskl
Ms. Kiselewski had no comments or inquiries.
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13.C,5~ Mayor Alperin
In response to concerns regarding the school~/issue,
Mayor Alperin stated that the school size is determined by the
Palm Beach County School Board. Mayor Alperin stated that he
served on The Education Concurrency Task Force for 1 1/2 years
and they tried to convince the Palm Beach County School Board to
reduce the school size so that the quality of education could be
enhanced. The School Board's response was that they increased
the school size from what it was before.
Mr. Ellingsworth asked if the School Board would
maintain the level of construction if the 1% sales tax were
passed? In response, Mayor Alperin stated that the Palm Beach
County School Board says the level of construction would be
financed by that 1% sales tax and the percentage would not
increase. Mayor Alperin stated that concurrency, the way the law
is written, will not help the municipalities. He feels that Palm
Beach County School Board keeps making political decisions and
they are not making decisions based on the best interest of the
students.
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