Loading...
10-15-96 Regular · . DElRAY BEACH I , u . , () ... CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~ OCTOBER 15 , 1996 - 6: 00 P.M. ¿PUBLIC HEARING 7: 00 P.M. , III1 ' COMMISSION CHAMBERS - The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD) , 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION (1) PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. 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: 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 meeting , individuals wishing to address the Commission 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. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. · . Regular Commission Meeting October 15, 1996 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA J::. Roll Call. ¡. Invocation. ..3". Pledge of Allegiance to the Flag. *~ Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of October 1, 1996 Special Meeting of October 8, 1996 6. Proclamations: A. Recognizing the heroic actions of certain individuals in a life-threatening situation B. Mount Olive Missionary Baptist Church Centennial Celebration C. First Annual Pineapple Festival in the Grove - October 26, 1996 OF NOTE: D. Head Start - A Happy 31st Birthday E. National Epilepsy Awareness Month - November, 1996 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. A. RESOLUTION NOS. 76-96 & 77-96/ACOUISITION OF PROPERTIES UNDER THE HOPE 3 HOUSING PROGRAM: Approve Resolution No. 76-96 authorizing the acquisition of property at 303 S.W. 2nd Avenue and Resolution No. 77-96 authorizing the acquisition of property at 521 S.W. 10th Street to provide housing opportun- ities under the HOPE 3 Program. -2- Regular Commission Meeting October 15, 1996 B. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve and authorize issuance of a funding subsidy in the amount of $18,927 under the Delray Beach Renaissance Program for property located on the east side of S.E. 4th Avenue, between S.E. 2nd Street and S.E. 3rd Street ($13,587 from HOME Account #118-1923-554-83.01 and $5,340 from SHIP Account #118-1924-554- 83.01). C. AMENDMENT #001 TO CHILDREN'S SUBSTANCE ABUSE GRANT: Authorize the execution of Amendment #001 to the Children's Substance Abuse Grant contract funded through the Department of Health and Rehabilitative Services (HRS ) on behalf of Mad Dads' Excel Focus Five Program, incorporating Project Independent and Subcontracting with Minority Vendors clauses and a revised Attachment II stipulating audit requirements. D. UNDERWRITING AGREEMENT: Approve the firms of Raymond James and Associates and Smith Barney, Inc. as Underwriters for the City. E. AGREEMENT FOR FINANCIAL ADVISORY SERVICES/PUBLIC FINANCIAL MANAGEMENT. INC. : Approve an agreement with Public Financial Management, Inc. for financial advisory/consultant services. F. REIMBURSEMENT RESOLUTION NO. 78-96: Approve Resolution No. 78-96 declaring the City's official intent to seek reimbursement for expenditures made with respect to the City Hall Envelope Project as well as the Golf Course Clubhouse Expansion Project from proposed 1996 Utility Tax Note proceeds. G. RELEASE OF WATER SERVICE AGREEMENT/SHS ASSOCIATES: Approve the release of the water service agreement with SHS Associates (aka Spence property) , located on the west side of Military Trail approximately 1,400 feet north of West Atlantic Avenue. H. CLOSEOUT CHANGE ORDER #3 AND FINAL PAYMENT/MOLLOY BROTHERS. INC. : Approve Closeout Change Order #3 in the amount of $13,966.86 and final payment in the amount of $111,515.58 to Molloy Brothers, Inc. for completion of the Atlantic Avenue/ Miramar Drive Stormwater Pump Station project, with funding from 448-5411-538-62.46 ($49,078.61) ; 442-5178-536-63.51 ($48,470.00) ; 442-5178-536-61.78 ($8,687.73) ; 442-5178-536- 61.84 ($5,279.13) . 1. CLOSEOUT CHANGE ORDER #9 AND FINAL PAYMENT/MOLLOY BROTHERS. INC. : Approve Closeout Change Order #9 in the amount of $30,875.28 and final payment in the amount of $56,585.27 to Molloy Brothers, Inc. for completion of the Northwest/Northeast Street Reconstruction and Utility Improvements project, with funding from 442-5178-536-61.84 ($9,605.27) ; 228-3162-541-61.19 ($31,980.00) ; 442-5178-536-63.90 ($15,000.00) . -3- Regular Commission Meeting October 15, 1996 J. CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT /RIC-MAN INTERNA- TIONAL. INC.: Approve Closeout Change Order #1 in the net deduct amount of $11,423.00 and final payment in the amount of $29,587.72 to Ric-Man International, Inc. for completion of the N.E. 7th Avenue Utility and Roadway Improvements project, with funding from #441-5181-536-69.19. K. CONTRACT ADDITION (C.O. #1 FINAL) AND FINAL PAYMENT/MARINE ENGINEERING CONTRACTORS. INC.: Approve a contract addition (Change Order #1 Final) in the amount of $750.00 and final payment in the amount of $14,510.00 to Marine Engineering Contractors, Inc. for completion of the Water Treatment Plant Walkway Modifications project, with funding from #441-5161- 536-63.42. L. FINAL PAYMENT/ECKLER ENGINEERING. INC.: Approve final payment in the amount of $869.07 to Eckler Engineering, Inc. for professional engineering services related to the Water Treatment Plant Walkway Modifications project, with funding from #441-5161-536-63.42. M. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Ratify the reappointment of Donald Samis in the capacity of 'Other Representation' for a two year term ending October 31, 1998, the appointment of Dorothy Reilly in the capacity of 'Other Representation' to fill an unexpired term ending October 31, 1998, and the appointment of Mary Rollins Caglioni, representing Plumosa Elementary School, for a term ending April 22, 1998. N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period September 30 through October 11, 1996. O. AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors via Palm Beach County Co-op Bid for the purchase of gasoline and diesel fuel at an estimated annual cost of $229,530, with funding from #445- 4714-572-52.11, #446-4714-572-52.11 and #501-3311-591- 52.51. 2. Purchase award to Metro Service Consultants, Inc., sole source for fire hydrant audit services, via Palm Beach County bid, at an estimated cost of $57,500 from 441-5123-536-34.90. 3. Add£ndLLm ~~hE-.D -4- Regular Commission Meeting October 15, 1996 9. Regular Agenda: A. EXPANSION OF WATER TREATMENT PLANT SITE: Consider authorizing staff to pursue negotiations for the acquisition of three residential properties located immediately east of the Water Treatment Plant site for construction of a storage facility. B. REOUEST FOR FEE WAIVER/GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH: Consider a request for waiver of land development processing fees for the Greater Mount Olive Missionary Baptist Church to establish a child care center at its 40 N.W. 4th Avenue location. C. EXTENSION OF CONDITIONAL USE APPROVAL/STRAGHN FUNERAL HOME: Consider a request for an extension of the conditional use approval granted on August 8, 1995, for Straghn Funeral Home. The subject property is located on the west side of S.W. 5th Avenue, approximately 150 feet south of Atlantic Avenue within the GC (General Commercial) zone district and the West Atlantic Avenue Overlay District. D. FEASIBILITY STUDY/SHALLOW WATER ARTIFICIAL REEF: Consider authorizing the feasibility study for the proposed shallow water artificial reef (snorkeling reef) in the area of the municipal beach, with funding from recreation impact fees (#117-6111-519-34.90) . E. EDUCATION BOARD RECOMMENDATION/PROPOSED ELEMENTARY' SCHOOL BOUNDARY CHANGES: Consider approval of the Education Board's recommendations concerning proposed boundary changes affecting Delray Beach elementary schools for school year 1997/98. F. PROSPECTIVE DONATION OF SCULPTURE FOR BEACH PATROL HEADOUARTERS : Consider accepting the donation of a sculpture by Don Seiler entitled "Rescue" to be incorporated into the landscaping design in front of the new Beach Patrol Headquarters. G. COASTAL CONSTRUCTION CONTROL LINE ( CCCL) IN PALM BEACH COUNTY: Consider a proposal whereby the State Department of Environmental Protection would delegate CCCL authority to Palm Beach County. H. AMENDMENT TO THE SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT: Consider approval of an amendment to the franchise agreement with BFI for solid waste and recycling collection to provide for reardoor service rather than curbside service for the Spanish Wells Condominium complex. I. CHANNEL 20 MUNICIPAL SURVEY: Consider whether or not there is interest in having City Commission meetings broadcast on Channel 20, Palm Beach County's Government and Education Station. -5- Regular Commission Meeting October 15, 1996 J. BID AWARD/DELRAY GARDEN CENTER: Consider approval of a bid award in the amount of $31,560.00 to Delray Garden Center as the lowest responsible bidder (fourth low bidder) for landscape maintenance on Atlantic Avenue from west of the CSX Railroad to Military Trail, from 119-4144-572-46.40. K. BID AWARD/JAM SANDBLASTING AND PAINTING.: Consider approval of a bid award in the amount of $13,980 to JAM Sandblasting and Painting as the lowest responsive bidder ( second low bidder) for the Tennis Center Clubhouse wood siding removal and replacement project, from 334-4145-572-63.43. L. REOUEST FOR ADDITIONAL MAINTENANCE/HUNGERFORD CANAL: Consider a request for the City to provide additional maintenance of the Hungerford Canal within the Tropic Palms Subdivision. 10. Public Hearings: A. ORDINANCE NO. 34-96: An ordinance amending the Laver's North SAD (Special Activities District) located on the east side of S.W. 10th Avenue, south of Linton Bouldevard, to allow the temporary sales and reception building on the north side of Egret Circle to be incorporated as part of the approved site plan of record. QUASI-JUDICIAL HEARING B. ORDINANCE NO. 45-96: An ordinance amending LDR Section 2.4.6(H) , "Temporary Use Permit" , to add "Seasonal Farmer's Market" as an allowable temporary use. C. ORDINANCE NO. 43-96: An ordinance rezoning the Seacrest property, located on the west side of Seacrest Boulevard across from Atlantic High School, from NC (Neighborhood Commercial) and POD (Professional Office District) to CF (Community Facilities) District. QUASI-JUDICIAL HEARING D. ORDINANCE NO. 44-96: An ordinance rezoning the Sandoway House property, located on the west side of South Ocean Boulevard between Sandoway Park and Ingraham Park, from RM (Medium Density Residential) District to CF (Community Facilities) District. QUASI-JUDICIAL HEARING E. ORDINANCE NO. 46-96: An ordinance amending LDR Section 4.6.9, "Off-Street Parking Regulations", by adding parking lot dimension details, striping details, reducing guest parking requirements, amending compact car marking details and other minor modifications to related sections. 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. -6- Regular Commission Meeting October 15, 1996 12. First Readings: A. ORDINANCE NO. 47-96: An ordinance amending Ordinance No. 33-96 enacting Chapter 51, "Garbage and Trash", of the City Code to provide that Spanish Wells Condominium shall receive reardoor/ sidedoor service; clarifying that vegetative waste may not be placed in roll-out carts; clarifying the use of mechanical containers; clarifying the disbursement of recycling containers; clarifying lawn maintenance and landscaping companies disposal sites; stating the times permitted for placement of garbage receptacles at curbside; and correcting certain grammatical errors. If passed, a public hearing will be scheduled for November 5, 1996. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -7- CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 15. 1996 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: ADD ITEM 8.0.3. TO THE CONSENT AGENDA: 8.0.3. Bid award to Otto Industries, Inc. for an additional 850 32 gallon sanitation rollout carts, at a total cost of $26,562.50 from 344-3711-534-52.27. . --~ - -..--" ---- _. - ._~ - - 01( ~ .. .' ~, on September 24, 1996, an emergency call was received by the Delray Beach Fire Department indicating that a man had collapsed at 16244 South Military Trail; and 1IHBRBAS, upon arrival it was determined that Mr. Albert Hirsch had suffered cardiac arrest. However, the responding paramedics were pleasantly surprised to discover that effective CPR was already in progress; and 1IHBRBAS, Susan Sloan, R.N., was performing mouth to mouth ventilations in conjunction with cardiac compressions by Medical Technician Douglas Schuster. Offering assistance were Dr. Kenneth Baron, Paula Ward, Dr. Louis Snyder, and Stacey Whitby, R.N.; and 1IHBRBAS, within minutes Mr. Hirsch had regained a pulse and adequate blood pressure to be successfully transported to Delray Community Hospital where staff reported a favorable prognosis for recovery; and WHBRAS, the unselfish actions, qualified medical assistance and immediate response of all those involved are directly responsible for Mr. Hirsch's recovery at the scene. . NOW, THEREFORE, X, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby commend those attending to Mr. Hirsch for their heroic actions and thank them for the assistance rendered. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of October, 1996. MAYOR JAY ALPERIN SEAL ~A [;l( ri1 WHEREAS, in 1895, pioneer families from Saginaw, Michigan, and the pioneer families of Fagan Henry and Jane Monroe, from the Florida Panhandle, purchased and settled land which was then called the Town of Linton; and WHEREAS, the Town of Linton's first settlers men and women, black and white . exhibited unmatched perseverance and determination, working together through great hardship to settle and develop what has become Delray Beach; and WHEREAS, in March 1896, Mount Olive Missionary Baptist Church was founded by the Rev. N.B. Williams, and is the oldest Black Baptist Church among the tri-cities of Delray Beach, Boca Raton and Boynton Beach; and WHEREAS, during those hard years, strength came from the faith of the pioneer families and through their perseverance, a building for worship was soon erected that seated 150-200 members. This building was destroyed in 1928 by a disastrous hurricane but the spirit of the people was kept alive by prayer, faith and hard work, and another building was constructed in 1929; and WHEREAS, through the years Mt. Olive Church has not faltered but has continued to serve its congregation. With continued expansion and growth in membership it currently has a sanctuary with seating for over 1000 members, a Christian School, and a day-care center for both children and senior citizens; and WHEREAS, the year 1996 marks the 100th Anniversary of the founding of Mt. Olive Missionary Baptist Church. Therefore, we seek to honor those early pioneers and Delray's humble beginnings. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and congratulate MOUNT OLI¥E MISSIONARY BAPTIST CHURCH on its Centennial and urge all of our community to come together and celebrate this proud heritage. IN WZTNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of October, 1996. MAYOR JAY ALPERIN SEAL b ¡ß Dk {Ï'- ì WHEREAS, the Pineapple is traditionally the symbol of hospitality; therefore, it is fitting that Pineapple Grove Main Street, Inc. hosts the FIRST ANNUAL PINEAPPLE FESTIVAL IN THE GROVE; and WHEREAS . the proposed outdoor event is a celebration to showcase the history of Pineapple Grove and the revitalization plans underway and under consideration; and WHEREAS, events and activities are designed to attract families with young children during the afternoon and early evening hours, with emphasis shifting more toward the grown-ups later in the evening; and WHEREAS, the festival will include children's activities, exhibitions and fun educational programs, a roving video-taker conducting interviews with attendees, a video kareoke, a pineapple-oriented recipe and eating contest, a scavenger hunt which will direct contestants throughout the neighborhood, photos taken with "Mr. Pineapple" , and an outdoor slide show featuring the Grove's "Yesterday, Today, and Tomorrow" , along with craft, food and drink vendors. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby support and endorse the FIRST ANNUAL PINEAPPLE FESTIVAL IN THE GROVE on Saturday, October 26, 1996, and encourage all residents to come out and enj oy a day full of fun and entertainment along with an awareness of the history of this cultural center of our city. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of October, 1996. MAYOR JAY ALPERIN SEAL 6.(}· · D!< tt~/1 I I WHEREAS, the Association for the Education of Young Children and other local organizations, in conjunction with the National Association for the Education of Young Children, are having a celebration in Palm Beach County; and WHEREAS, by call ing attention to the need for quality child care for young children within our community whose parents must work outside the home, these groups hope to improve the quality and availability of such services; and WHEREAS, the quality of services is primarily determined by the individual teachers and caregivers who perform this valuable work; and WHEREAS, the work of early childhood professionals is not fully understood and is under-appreciated; and WHEREAS, quality child care services can help provide the basis for a good beginning for children's sound growth and development. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim A HAPPY 31st BIRTHDAY HEAD START and urge all citizens to recognize the valuable contributions of early childhood teachers and caregivers and to actively support making more and better child care available within our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of October, 1996. MAYOR JAY ALPERIN SEAL b·D. DK 2/Jt/l WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings; and WHEREAS, as long ago as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation frÒm the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder; and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena; a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses; and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage; but in sixty percent of the cases, the cause is unknown; and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy and of this number, 150,000 are Florida residents; and WHEREAS, with the administration of anticonvulsant drugs, two thirds of those afflicted with Epilepsy are drug controlled so that workers with Epilepsy make reliable and conscientious workers who often rate better in job performance, attendance, safety and job stability that non-handicapped workers; and WHEREAS, studies carried out in the United States over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby declare the month of November, 1996, as NATIONAL EPILEPSY AWARENESS MONTH in Delray Beach, Florida, and urge all of its citizens to become aware of this disorder and encourage those afflicted to take their rightful place in society and become productive citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of October, 1996. MAYOR JAY ALPERIN b'£' {/< L/'··[ /1 MEMORANDUM TO: David Harden, City Manager THRU: Lula Butler, Community Improvement Directo~ FROM: Dorothy Ellington, Community Development Coordinator f!i€ DATE: October 7, 1996 SUBJECT: HOPE 3 Acquisition! 303 S.W. 2nd Avenue, Defray Beach 521 S.W. 10th Street, Delray Beach ITEM BEFORE THE COMMISSION This is to request approval to acquire two single family housing units under the HOPE 3 Program. The 303 S. W. 2nd Avenue unit will be purchased at a cost of $35, 1 00 and the 521 S. W. 10th Street unit will be purchased at a cost of $43,200. The properties will be purchased for rehabilitation and resale to an income eligible buyer and the HOPE 3 Program. BACKGROUND The City in partnership with the Palm Beach County Housing Partnership, Inc. has participated in the HUD-funded HOPE 3 Program since being awarded a Grant of $430,000 in March 1994. We purchased our first property in December 1994 and have since purchased seven additional units, three of which have been sold to income eligible home buyers. These properties are located within various neighborhoods throughout the City, often having been boarded-up while waiting for HUD to dispose of them. Once we acquire the property, we will rehabilitate them to standard code requirements and sell them at appraised value to a qualified low/moderate income home buyer. When the properties are sold, sales proceeds will be revolved to provide additional homeowner opportunities. The purchase of these two units will bring the total to ten, which will meet the required number of units under the City's HOPE 3 funding agreement. RECOMMENDA TION Staff recommends approval of this request, authorizing the closing on the property as listed above. ?~. '>·f~ U.S Department of Housing and Urban Development Jacksonville Office ~ç ~ ~ Community Planning and Development ! ., "i '" * ' *" 301 West Bay Street, Suite 2200 \. 1111111 ~i Jacksonville, FL 32202-5121 '94tN DE"fo"o 4HDM2 '-""CJV i"\ C 'oJ :.. ED SEP ? 3 1996 I COMMUNITY !)fVElOPEMENT SEP 1 9 1996 ! ,j Ms. Dorothy Ellington Community Development Coordinator 100 NW 1st Avenue Delray Beach, Florida 33444 Dear Ms. Ellington: SUBJECT: HOPE 3 Program Grant No. H3-92-FLOO15-I-A Environmental Release City of Delray Beach, Florida We have reviewed the environmental threshold information which you provided to us in your letter of August 27, 1996, for the Implementation Grant under the HOPE Single Family Homes ) Program. Our determination for the property listed in your .' submission is as follows: Approved Properties The following properties do not exceed any of the thresholds that activate the Federal environmental laws and authõrities. Therefore, HUD approves the use of these properties in your homeownership program. You may proceed to commit or exPend qrant funds or match to undertake property acauisition or rehabilitation activities. 9. 521 SW 10th Avenue 10. 303 SW 2nd Avenue Delray Beach, Florida Delray Beach, Florida . . For further assistance, please phone your HOPE 3 Program Coordinator, Nick Sotiropoulos, at (904) 232-1202. ~incerelY~ t ~Y) ~ J m Nichol Director Community Planning and Development Division, 4HD t .'-'~"-'~ .- -.'. ._.,.'~"'''~' ..,,>~'." ···._._,__·w·__ "_" -, .,'- ._..._---"..-.~- - ._.~~.~ -"---"-", --« -"'-' ...-,._~ uT--- ..... ... ...-... .. ~ ---- -.-. ....--.-..-. ~-~~_..,--~...~ I : RESOLUTION NO. 76-96 I I , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, i FLORIDA, AUTHORIZING THE CITY '!O PURCHASE FROM SELLER CERTAIN I , REAL PROPERTY IN PALM BEACH COUNI'Y, FIDRIDA, AS DESCRIBED HEREIN, i I HEREBY INCORPORATING AND ACCEPI'ING THE CONI'RACI' STATING THE TERMS , AND CONDITIONS FOR THE SALE AND PURCHASE BE'IWEEN THE SELLER AND I " THE CITY OF DELRAY BEACH, FIDRIDA. i WHEREAS, the City of Delray Beach, Florida, in conjunction with the Housing Partnership, Inc., wishes to acquire certain residential property located at 303 S.W. 2nd Avenue to provide for housing pursuant to the City's Affordable Housing Program; and WHEREAS , the Seller hereinafter named desires to sell the property i hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, I I to purchase said property for the purpose described above. , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY I BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, I in conjunction with the Housing Partnership, Inc. , as Buyer, hereby agrees to purchase from the United States Department of Housing and Urban Developnent, as Seller, land to provide for affordable housing opportunities for low income individuals, for the purchase price of Thirty-Five Thousand One Hundred and 00/100 Dollars ($35,100.00), and other good and valuable consideration; said parcel being more particularly described as follows: South 60 feet of the North 140 feet of the West 140.6 feet of Block 56, according to the Plat of the TOwn of Delray, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 20, Page 55. i Section 2. That the costs of closing and transactions, title insurance, , document preparation and attomey I s fees shall be bome by the City of Delray Beach, Florida. Section 3. That the terms and conditions contained in the contract for , sale and purchase and addenda thereto between the City of Delray Beach, Florida, and I the Seller as hereinabove named are incorporated herein as Exhibit "A". , i PASSED AND AOOPI'ED in regular ~SSil7. A¡¡;:: of October, 1996. r , A'ITEST: OJ1~'IJJ1L'- Hj'rl!rh~ Cl.ty Clerk ¡ ....~t....! I Sales Contract.:-!,.., u.~. Departm~!nt of Housing and Urba~"...Developm9nt... -, :..:... ._.., ,_.~.:.~_:::':...:.___ ._.., '--'. -. . . . --- -..--.. ·-OffIC90f·HouSlOg- .--' ---.-----.-.:-.--,.-. -. ---..... - Pro'party Disposition Program Federal Housing Commissioner .,....,...., OMBApproval No. 2502-0306 (exp. 9/30/95) 1. I (We). Housing Partnership. Inc.';' <'.';; :'''1, I ,'1i'9~~0919';¡ '¡C';\! (Purchaser(s» agree to purchase ~n th~ termsset forth herein. the .follq~ing property. as more particularly desc~it)ed in thedeed conveying the property to the Secretary ofHou;i~g and Urban Development: W 2nd Aven e Delra Beach FL 33444 ' r (Slreelnumber, SIreelname, unllnumber, if applicable. diy, counly,Slale) " 2. The Secretary of Housing and Urban Development (Seller) agrees to sell the property at the price and terms set containing a covenant which warrants against the acts of the Sellerand all claiming by. through or under him. Title name(s) and style: City of Delrav Beach'; ." 3. The agreed purchase priceofthe property is ......:.......:.....:;:..........;::.:;................................................::...........)0- , -.' Purchåser has paid $ 1;00 _ 00' as earnestmoney to be 'applied on the purçhase price. and agrees to pay"the balance ofthe purchase price. plus or minus prorations~ atthe time of c!osi!'g. in cash to Seller. The .earnest monC(ydep(lsit shall be held by ImD . 4.( . Purchaser is applying for H UD/FHA insured financing with a cash down payment of S. due at closing and the balance secured by a mortgage ili the amount of $ . - : "" for nionths (doesnotincludeHUO/FHAMortgageInsurancePremi~m). .' . ;¡ . D S ·d . . I· . . . "-- 4 $ . J:;)- . al mortgage IOVO ves a repalr escrow amounhng t~ .....................................................:,.................. ~. : , . jJ Purchaseris paying cash or applying forconvention'al or other financing not ~nvolvingHUI?IFHA. " :,> c,. ' ., 5. Seller will pay reasonable and customary costs. but "ot more tharÎaCtuiLI costs. nor more tha~ paid by.a typical Seller,. . --:, . . ;c, '" in the area. of obtaining financing and/or closing (exclu'ding broléer's Commission) in an am~unt notto exceed >- S. $ . ,'.J2I . '. . 6. Upon sales closing. Seller agrees to pay to the broker identified below acommissio'n(includilig . .'. ~ ._ .--:". ": ,:~'~;. " selling bonus. ifoffered by seller)ofw¡;,,,x~X5__;¡IIIV ...,.llC.IoK.ìU.............~............................~.... >-. q'.$q:""::~ . '~": -. 7. The net am~untdue Sellec.~ (PUrChasepri~e.Iten-i3: rës.šltem4 êscrow. ~fany.les~ Itèins 5 and 6) ................. )." 1:~t·~:)$j~:Ûø~n <'. "'. . ',' I 8. Purchaser IS: B owner-occupant (wtll occupy thIs property as pnmary resIdence) '. . . investor bJ nonprofit organization 0 public hoùsing agency 0 other government agen~y:' . ". ".' ' 9. Time is (If the·essence as 10 cl~sing. The sale shall close not later than 60 days from Seller's acceptance'of contract. Closing shall be held at office of Seller's designated closing agent or a PT.aC'F. nF.~TC::NA'J'F.n BY RHn· 10. If Seller does not accepllhis offer, Seller 0 may GJ may not hold such offer as a back-up to accepted offer. : .;: ....,." ..... 11. Lead based paint addendum D is GJ is not" attached;pther addendum D is GJ is not attached herèto and made pàrt of this contract. ;'(-- ·'0u.1d Pu~h~er'r~(~e ofotherWis.e fail toPerroi~¡:ió\~êC?[dance ~~if'~~!S ~~~~:ra~~~nc'~a~~g.~~Wijè~~~~ß~~:;,~~1!~trna!,~~ . ·.,ellèr'ssole option, retam all ora portton oftbedeposltas liquidated dantages~ TheSeller reserves the ragbttoa . tbeea~éštmoney, ,. :,:./~:ö~~.,Y¡j9.rti6n thereof, to anys.ums which lÓay be9,~~,l)y~é.'~r~~~es:-,toih~~~I~er~~':_fil1~~~.-.<~~: - ~."'. :iJ.~~séJí~!tJi¡~{:. . ·<:.··d : ,".:...--;- .::-"-.. - ~~:' - - - ."'._ ~\.,. ::.....:._-.:..-""'!"~ .<.,\~~.~...j;""';.t.;,- ,. ,·h,._-ft:. ...f"-"'-' t ..·f....,.·.... .v ,.', -'f'I:._ ~æt'ì!t': ,Ii, t ~~p.ü~t:t1~ .......-..:'1.. t 3. This contract is subjecttotheConditionsofSaleon the reverse hereof. which are incorporated herein and made part ofth contract.,..c""'- Ce'1lflcatlon of Purchaser: The undersig~ed !=~rti.f!esth:,t h! affIXing hislher/its signature to. this <:ODtr~c~be!s,líe/iti,.bd!i!rstands:; ~c (1) 1I'!J~~ ~o,n!ents .thereof (inel ud,i,ng .t~e C~ndi,t~p~~-,?¡f\Sa,le~; ~~,~ I~ ,in agre~~~~ttherewi,t.b.'!itþQ.Ul:pr9t!!S~;i(~.¡' ~e!~"'e!i\{sJI;~~.poDsjblet, IV;,- for ~~i~fYI~~.,t~~lf ItS tl) the ful1.condltl~n oPh~J~.r.ap.tr,~J'~l";~'~ ,(~),tbat Seller will DO,t,P!!,r,form, r~pa,~r~:ar.t!!.-:s!Ç,£.~('~9tç;e;Rf~~hÆ~.9..~tr~~~~ ß i; Purchaser(s): .(Iype or prlnl names. social securily numbers. & sign) . Purchaser{s) Address: . ""," . nc" " 310 Clematis Street. Su1te409 ',. . West Palm Beach FL 33401 ,'. _ ., Phone No: Dale P\Jrchaser(s)Slgned c:ntract: ...: ... , .Seqretary of Housing an~ Urban Development By: (Iype name.& Ìib, & sign) Date Contr~ Accept!'d by HUD: Xi ---', _ 'J7-9~ f í'2 " Of... CertlflcàUon òf Broker: The un e Igned certì'fies thaí:'( } neither he/she nor anyone authorized to act for him/her has declined to sell the property deScribed herein to or to m alee it available for inspé'ction or cdnsideration by a prospective purchaser because of his /her race. color. religion. sex. fam ilial status, national origin. or disability; (2) he/she has both proÝÎded and explained to the purchaser the notice regarding use ofHUD's closing agent; (3) he/she has explained fully to the purchaser the entire terms of the contract. including Condition B on the reverse hereof; and (4) he/she is in compliance with HUD's earnest money policy as set forth on HUD fonns SAMS-I t 16 and SAMS-1116A.ß,ellingRroker Informatli.lh and Certificatioó:which he! she has executed and filed with Seller. :" ... Broker's Business Name & Address: (10( IRS reporting) (Include ZIp COde) Brokår's SSN 0( Employer ID No. (include hyphèns) sAt&; SL-NA Number: . " . .. , . NGPR459i JNU.ø~,IiIlU:lXItDWnlIX.tiU~UUa:tP~. .' . ~( !I~XJ'v:ÚI 1.¡;¡JH[Jt.ic;~IIWJI1t . -.' . ·Slgnature.oIBro~èr: Broker's Phone No: ". ~ .'. ØØ~XJiIIIA~~Øpl'JI~ Direct Sale ~ Type or printlhe name and phone number of sales person: this eUon for HUD use only. Broker notified of: Authorizing Signature & Dale: Acceptance Back-Up No. . ~ ___ . ? - ;< f -/ b Rejection Return Earnest Money Deposit X ~ ~ ..--~ Previous editions are obsolete Copy I: ro Hue local oWca; upon approvat. HUe will ralurn ref, Handbook 4310.5 form HUD-9548 (3194) .Igned Copy 1 to Broker for delivery (0 Purch..er Exhibit "A" to Resolution No. 76-96 . ~ ,~~~~f:-.·I~. ,1 ~ . ~liJ. <T\ litv.\ U) I'-~.) I-.~ I :1'" I', I 1___ .. :I"V ',,-. ' '!; J. tlV': '. " '\",>~ I·{· . .2J:.j ~-L-LL. ..I~) " ~~,,~. ¿ ~~,Íj' ,.~~,z . ....~., - '" . ,¡~ . ___.L.þ-.;..' - . ,;-..".'. '_ ~.,..'~ \._ >I~ '" 'I' . . ". ~, . ".. . ,. _" .-:1 I" III N ... -þ _., J. ) :. ~~h~ )t~L.:...;Ü" Þ. 10 1-: :m:. ~ ;,f::, ~ Ir .I~ ~ ~ It ~:. ~r: i -. . . n .~:. i'i€.J. . .' ~"" <0, <2 .. " " 50 ;J:]. -", - .' '(/) \1.1 r..& TH .' f-) .J ') ...J.-' ) ~ ..!. ~ . a ; ), .!, 10' So . 'to> :¡o ... ~ø .,~.s.-:. \·.~I ) ~. ~, 5'0 ,o0 .!>O, l '.;J~ , //.. - ~"', 1.~: ,l;.:~..:...,.,. ':~'. ~::':l~ ~i., :';;:.~ .~. Em'··' .. t~ ~.,~-üi I:; !:" ~ll< ·H "I~ \ '. ...'.; ~ "'. ,. ~ P. ,,:, . ' 1\)". ~ ' \;. . , VI .~. .~~,<:;. 7..,,:. ' .>~ ,/.).~;. ("..I' j. IJ ~'- 0 Ø): >~ -"; " :~~;~~.'" ~. ~ ,..I'.. \)·~·.: r~::µ~~~ f!. ~ I~'~ ;;~~'''. ~ ~)?=,:~Iõ~ ~bC'¿~~p! I~, ~ IN' ,. ~ ~'I~ liõ I . ' ~...."- "', r~ U" '" 01>1__ r-~. '. . >.., !~ ,. '~."".~"7 ~.;~~ ; . .... , I ._~ ~ . c> _ '¡- . . 'to .,'.) ," ,.-f '~.- ;'.é ~" :':" -'. 'S~,~; \ - ... ~ 50,' .:>0 '.S' ) ,'~ , . ,.' , . . ~¡, 5 \,' E' ~ .' ~'.. - ~.: . ',~,..~.., .' I~. ..' ì. 9" so ~ WJ .,~ so r.lõo 'I . ~. '",.,.. )' . ~ .J-~ -, , '.-, ) -. '''.::'.. ,'~" -'.:: . úI ~ 10t (;I ø ~ - ' . :: - ;'7 0 .,~ ~ "", .: (}¡ 1(11 . U'V 0 ~~. ,- '..:c: c' '. it., ,- .,..:\tI..... '.'. ~:".l.. ~ ".';'. .... . .J~.,,,., ~:...;\,.'.'..¡. i~. - . t::' t "" ~ ~ I::!' , I .. , , :;r:r . ~ :_~, ~ f~ i ' , ~ ~ " . '. ~ ~.., I,,' . . :.:. ~ ~ (ã1-' ...u.J. .,.., " '7i. I.e- 'r · -;. \"'. :C~ p .~~, ,V~~ S :t '.!¡;; J... '.,... " I 'fI5'"1I ~I . ~~," 'f",. I IUl JT ~~ Iõ Ian It,,;· I ... ¡// . ;,;,> tõ· i.~ ..... k.,¡ .:: ~..;..'~ . ' it i? ~. "1<.0 ¡- 1-' VI -:- à L" 0' ~\ m. ~ " IN, · 0 . '..... . , ,'. . . r. Q \ , ~, . 1'$,:* i/ ',1/'/. ), -. -- ''''0 78 ~~ so of<' ,~ ~o . 1.00 ~ - : S . W . 4TH I '. :fiI' '. ,.t._'~6a~, -eo' ~. 80, lro~ ~ _?~ " 703 75~':: ~:'5Pè ~/.5"l(ß ~ ~'~ ~. ~IN' ) ~ r" \1S ~ ~~. _ ~I~ I.... I-Þ ~ I~ 1- lõ i~ ~ . C' 0 ';; -... ~ .-.; ~ r ~ ') ~... .:-.J J J ~ . ~ ~ , oiìII ¡. -. ' ¥ I'- 'J 110.., __ --- ~ ~ .iõ'.. l~ .~.l.t"~.i#~f~~ . lM.~~ (II ,~- .., , . 'fij .' ~; t ~'. '. ' - Ir.~ I ì .~ ~,\ ~ Ie. . [.- I'" ~IN ¡; if\; I~ N ~ ~N- ;:¡: . -¡.~ 11- i ~ '" M ::¡¡, r>' ocr . .. --'I¡ ~ .þ -f' I ,,~' -'29 . . 60"~ 9Ó .': ,.80i 109 ~:i 106.10 93 75 ~s, 5I.5l 5~~ . IS/.!> -." '" ,- . I ~ - ~ .. ,5 ..-.. ~ 3 R{) . . _ _.. - . .' õ Þ ;~ I~ I:. ;; ~ ~ ~ ~ ;~ I ~~ j~;: I ; i ~ l.J ~ ~ ~ ~ I>Ji" ~~t'" . ~ ~ ~.~ N- o:> u) ~:\I"I ~t . ~ ~ 1::- 6 lco ~1<7' 4 ï. 't<ti l,i ~~'J .~ ~~~ ~ - ' ." ~ ---... 0 ~I,-\ . If) 5 S', foc; 100 løO ~D lor 7.. , ';" - ~ y ~ ND ~: '-0 271' 60 eo ~~o ":')0 I~ ~ 10\ ~ WI~ -- 0 \ Ie.,' . 1- !~ IN: t. ~ IÑ 10 N) CD ~ It;; ~ , ~~ "OJ ' ~ 1-1 CIm ~ ~ I' ~.þ. ; ~ œ ~ ~. ~ - .... 0. ., ., _ ~ -N;!::J -III / ~ . / ~ I'" , ~ \) Q ~ - U .~\' I -.. 1.ÞJ. IN ~ 1M. 1-: 1= 1::- ~I;-h ~ ~ ~I '" ~(- IN ,~. \~Fñ ~ I~E.' ... --.: . fj E: ':'. ':' N, U' '" ç"': " ~ (t7 U1 ~ ",.31 '0 þ Go Cbl'f ~i: ~k.-.,.c . ''''~''''' ~~ __ 88_g _ ï ö; __ ~ 5 ;5 W ,~, , ST ,.:;: I :".J~, EO, 60 'e.d 100 iO. 1i0 511 ,QÑ o ~, _ ~ J....~. g¡ '" 1= ì¡\; I¡;; I;;: v. Iõ. I::; ~ Iz I::>~, ¡¡: lõ' ~ i¡;¡ 1;;:/ ~ ¡;; I::;; Ii$ ~ LO· ~ en : ) , ,,;) ) I~ ' :;: 00, <1 = <% i .. 7~~r ~ø - . J J , ,) . 't .. _ !!!-''''' .... ~j ,,)... 10 ÌD I'" I.... Iò> 101 I" I'" I'" f- t ~\" ~ /9' I~- I... I'" I'" I- I~ I'" ~ I~ '- ~:;;-¡¡::;,I¡ I ~ "'0 C;¡¡tf5 ~ ~ QZ.5" 57.S C;;O c;o 6~ s. 100 --. -.... -----.-... '_.J,h__:_ .... . !.- -J';":""'..~ ""~'-::~'-'.""'"''-''-'"'''' · ..- -"....-_..,. _u,__~.· ,__ .....". _.......-.,-~....~ .. .~._.._,...~.., .....".-.~~ ---'._'-.--~" .~----. -~_.._.--~"._--""-'. _.._- f: ._-. -'- - -- - ....,~_.- ~'-~.,~ ..,,- .~ ._._. ... A",,·_.,_' ..,...._--0 I RESOLUTION NO. 77-96 I , I A RESOLUTION OF THE CITY CCM-1ISSION OF THE CITY OF DELRAY BEACH, I ¡ FWRIDA, AUTHORIZIOO THE CITY 'IO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNI'Y, FLORIDA, AS DESCRIBED HEREIN, HEREBY IæoRPORATIOO AND ACCEPI'ING THE CONI'RACT STATn~ THE TERMS I , AND CONDITIONS FOR THE SALE AND PURCHASE BE'IWEEN THE SELLER AND I ; ! THE CITY OF DELRAY BEACH, FLORIDA. I I WHEREAS, the City of Delray Beach, Florida, in conjunction with the Housing Partnership, Inc., wishes to acquire certain residential property located at 521 S.W. 10th Street to provide for housing pursuant to the City's Affordable Housing Program; and WHEREAS , the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NCM, THEREFORE, BE IT RESOLVED BY THE CITY CCM-1ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLI..CMS: Section 1. That the City Commission of the City of Delray Beach, Florida, in conjunction with the Housing Partnership, Inc. , as Buyer, hereby agrees to purchase from the United States Deparbnent of Housing and Urban Developnent, as Seller, land to provide for affordable housing opportunities for low income ìndi viduals , for the purchase price of Forty-Three Thousand Two Hundred and 00/100 D::>llars ($43,200.00), and other good and valuable consideration; said parcel being more particularly described as follows: Lot 13, DELRAY MANOR ADDITION 'ro DELRAY, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 12, Page 59. Section 2. That the costs of closing and transactions, title insurance, document preparation and attorney I s fees shall be borne by the City of Delray Beach, Florida. Section 3. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein as Exhibit nAn. i PASSED AND AOOPI'ED in regular session on this the 15th day of October, ! , 1996. ~~ i I A'ITEST: 011 '<J/J1?YfJLJ{j (~7 /-Irff~/ ity Cler , Sales Contract u.s. Department of Housing and Urban Development ;"'" . ... . . . Office of Housing .-._.- .... -"-" ...-. - Property QISposltlon Program Federal Housing Commissioner OMBApproval No. 2502-0306 (exp. 9130/95) HUO ea.e No. 1. I (We). Housing Partnership Inc. . 92-31811'. (Purchaser(s» agree 10 p~rchase on Ihe lerms s~1 forlh herein, the follgwing properly, as more particularly ð 9~"~ 7 t ,,~cf described in the deed conveying the property to the Secretary of Housing and Urb,an Development: . . , 521 S.W. 10th Str·eet, Delr~ Beach~ FT. '\'\&&4 ' (street number, slreet name, unit number,lI applicable, diy, county. State) . 2. The Secretary of Housing and Urban Development (Seller) agrees to sell the property at the price and terms set forth he 0 prep containing a covenant which warrants against the acts ofthe Seller and all claiming by, through or under him. Title taken In the followi name(s) and style: . 3. The agreed purchase priCe ofthe property is ......~...................................................;,............................;...... ... >- 3. $ 4'\, ?on. on Purchaser has paid $ 500 .00 as earnest money to be appliedon the purchase price. an grees . 1l1.'r- . -C- to pay the balanceofthè purchase price, plus orminus prorations,a~the time of closing, in cash to Seller The It) Yo V: Iõ. eO u,... d. e~est money deposit shall be held by. ' '. Ali µ.p- J·t ..,4-11 t ' J . 4 J Purchaser isapplying for HUD/FHA insured financing with ac~h down paymentpf, $ due al closing and the balance secured by a mortgage in theamouÍ\( of $ . . for monlhs (docs not include HUD/FHA Mortgag,eInsurance Premium). 'OS ·d . I· . f "- al mortgage Invo ves a repair escrow amounting to ......................................................................... ,. I!J Purchaser ispaying cash or applying for conventional orotherfinåncing not involving HUDIFHA. 5. Seller will pay reasonable and customary costs, but not more than actual costs, nor more than paid by a typical Seller in'the area, of obtaining financing and/or closing (excluding broker's commission) in an amount not io exceed >- . 5. $ . 6. Upon sales closing. Seller agrees 10 pay to the brokeridentified below acommlssion (including .. ". sellingbonus,ifoffçIedbyseller)of.......~AaMlU~~...............:.........................>- .6.$.. .... ... . .. ',. 7. The net amountdueSeller is (Purchase price, Item 3. less Item 4 escrow,ihny, less Items 5 and 6) ................. >- 7f:$:4j';iòo'2øÒ" ""'}; ......., 8. Purchaser is: B owner-occupant (will occupy this property as primary residence) . . . '. . .... . . . inveslor ¡;J nonprofilorganization 0 public housing agency 0 other governmenl agency. '. 9. Time is of the essence as to closing. The sale shall close not later than 60 days from Seller's acceptance of contract. Closing shall be held at office of Seller's designated closing agenl or A PLACE DESIGNATED BY HUD 10. If Seller does not accepllhis offer. Seller 0 may GJ may not hold such offer as a back-up to accepted offer. 11. Lead based paint addendum 0 is GJ is not attached; Other addendum 0 is g is not attached hereto and made part of this contract. J )ould Purch~er refu~e or otherwis.e fail to peño~ in'~cc?rdance ~iÍ1 ~liiš Co~tr;tct; including th~ .ti.mè'I~~j~ti?¡~:t S~~í~;f.~~y; at - oJeller'ssole.option, retam all ora portIOn oftbedeposltas bquldatedda~âges. Tbe~ellerres~rvest~~....gbtt?a .. tbe.e~J1Ies~mo~_ey! _ -. orany~rti~nthe~eof,toanysumsw~ichmaybeowed~.~tbe~rch~t~~eSelIerf?r.~,e~~ ~~~~(síl~~s; ;;:..P~~~:~I~~;~~.' 13. This contract is subject to the Conditions of Sale on the reverse hereof, which are incorporated hereinand made part of this contract. CertlflcaUon of Purchaser: The undersigned certifies that in affiXing his/ber/its signature to this. contr.act.be/sbe!.it, understands: "'.:'.' (1).~",tbe··coDte~:.s·tbere.of (indudiDgtbe.C9nditi~~~ o.r S~lé) a~d is in agr~e~~...ttbe¡'ewitb wjtb()utprote,st~(~) ·be./~~e/ifÞ,res,R().nsible;¡ ". rot:~tlsfying i~~l.r ~ t~the.fu II condition of the pr.oper.ty~ .apfl. (~) tbat SeU~J~ill. Dot perform rep~ir$ ~n~x .~f.Ç,~P~9f~9f.tt~ä~2!?tr,a.!=!.:;!' Purchasør{s): (type or print names, social security numbers. & sign) Purchaser(s) Address: Rousing 159-2704597 319 Clematis Street. Suite 409 West Palm Beach FL 3 401 Phone No: Date Purchaser{s)Signed Contract: 659-1201 .2-1.s--~ By: (type nårne & tiUe, & sign) . Date Contract Accepted by HUO: ~Q ~~ O..Q.· 20 I e-~ ~~. ~ ,~ ker: The un rsigned certifiesthat: (1) neither he/she nor anyone authorized to act for him/her has declined to sell the property described . t r to make it available for inspection or consideration by a prospective purchaser because of his /her race, color, religion, sex, fam ilial status, national origin. or disability; (2) he/she has both provided and explained to the purchaser Ihe notice regarding use of HUD's closing agenl; (3) he/she has explained fully tu the purchaser theentire terms of the contracl, including Condition B on the reverse hereof; and (4) he/she is in compliance with HUD's earnest money policy as sel forth on HUD forms SAMS-1116 and SAMS-l 16A, Selling Broker Infor'Înalion and Certification, which hel she has.exec~ted and filed with Seller. Brokers Business Name & Address: (tor IRS reporting) (Include Zip Code) Brokers SSN or Employer 10 No. (Include hyphens) \-\ ~ SIgnature ot Broker: Broker's Phone No: -DI·(U.~ ~'-£ - - Type.Of print the name and phone number of sales person: This section for HUD use only. Broker notified ot: Authorizing Signature & Date: Acceptance Back-Up No. ~).. 9 - ¿;.. ,- 1þ Rejection Return Earnest Money Deposit X Previous editions are obsolete Copy 1: ro HUD local office; upon approval. HUO will ra.urn ref. Handbook 43 to.5 form HUD-9548 (3/94) .igned Copy 1 to Broker for delivery to Purch..er . 7 7 9 6 Exhibit "A" to Resolut~on No. - . . . 4~r- -- . /',." "" I' ¡ ~" , .. }..., ~. ........... ' '.?~' ~:7'-/) ,?,;.' .. -',' .' -, ' - ". . . ~ ," '" 4 .' 'c:;! "."..¿:. > "'i'>:' . '0'" 9\ c . ~."- ~. .f 01' ' , . . '. ~[J -- ""f'.'..y .' ~ ~ ~ ., , .', . ~.. I' \' ~.. ~ . ~ -r '... ~ 4 / \" , , [j.í . ,...-"".;" .... s... '. .f) ,) , , c : ,'., . .- it¡ , ' , " " 'f'" _ ,_' .//-'::' '+-~__-, -- 1,.__1_ i .~ t, . ~ , . ,.....-,- (~ ) . _ _ ~. : \ . . _ t3'/ J - . Ij\)~: ,;) " ':.1 ' ~ (1)) ¡;.. " ~ \,b} ~\" J.:¿,o \ If :-. . . . S, I W t4 \ .- B:tk;Ç., 'j.. ":..- A \ 115 " , - '" ,'.". ) - ~ - _ .. .: ' . '" .. t..~..... IT\ V j' ~ 10'" . .. ~ ~T '0"- fl ,. . . \ -. ",. \ ... ~}~.o ~ ,...~ .;r~'" '~ " o.s~ 'T~ ;"'0 .=~~;:;~ . . I {~:¡¡¡J "Sd ~~ ---,- .... t. - ~ \~~. . ' . )-3 '\:~~... " '- ....~...:./ - 1+ ~..1. ~ .'.' , .;, ,'Ot, " ~'.j '1 '-' ~ ~, -( .~~ 1;>' I.....· -~, ~ "_ k.... ~~ .).+ ~ ~' ... l.: it .\4: ~ ,."n..... ;, '\~J ~ \{. ¡' 01, Y t 1;" ~' _ 100 . 'Iw ~11" Jo ..- \C)' ~ . >"'i;... ':" .s. ~ . ~....... ........ .. . . - 1: Pi I;· ~~. \'" c .. ~ ~;¡ ....~. J .- 1.,1', { . "¡'~ . \(ý ¡. ,"'.. '. . ~ .... . \" ~ r \~ ~ ~. . \~ ::fV \ \ ";0' r.... ~ '. ~:l; ....J~ .. ~ (~~ ¡~' ~.. ~\i S'ø' '~f> ~ '- .. .... , ¡!kÞ, "I --.:J._ . ~" ..' '\. 0:> ._~. . .t (oj Jl,.,,, . ,}It '-1ft. '.' t~' ,e.., - f".' . Jt' ' .. ..i~. :1'": - ,vi ~ "J . \1\. iii ("~.... ¡ ) _.' .'" ~ '.' ~ ¡ '.' 'C .,.:) h.~ .:.r~; " . "~..;, .' " IDS '''''', .. . t' ) ,-I \1 ~. . . ..rt:.·.t~"{ì \. ·~w·-..~ ~ ~.~ '- ~\... Þ'"~'" ~~ ~) '",__j~ . fl'" . ., .... ,. . J, -.. ý1" ~C,.~ ò.Á« ..~.. J- '~' ,-- 1 . - .' ',od w:. \S'Z "7\! i!"", ';<'~,.... l""'\ _ I..., ~~--¡¡ V~: ,... l /. .. ~ . tJJ\~ ' )" j ç ·w' -. 711: f ,..,~.".'~ ~~"'.<: f "'- ~ ~ ~ ~ ø' - . . I \~ '): ~~ :. } ".~., . ~ji¡ , ~. ~r."~ . ~ ~b.)!"~ l,sO o;.~. - - k . ( I'. ... o:t .'~ \;:::.. .' ..c--...... ..~, ..,r- W Iv.- ." ., ..;;; ,. . \.'0 . r-- ~ '....- . ", -. .~ \ . , ,'" ~ ,. ,.~ ,~ I. _ . ,:........:, ~ \ \-'~...,"'" . f . ............. .~ .' () 'f~.., 1:1 \ P - f ~. ~;)._ Iiit' ~ '" t;I¡ ~~, « I ,,'\.'~.) ~ \:i- ~ r-{~" ¡" ( «:' ~ \'t-I}'" ~ . ~ _.... \õ ,'; '\.~ , 'ì:~,"" ~) \:"- L.- .~, ,\,. 7'·~. II !.' I ~.~ ~I, · ~,\~.. ~'.~':'. r./ ;' ~ ~ ~ ~ '( t.. "ca ~ \~ W;. '.._. ""',.' . ! I -~ '. " - -. i..''''' . .....~ ¡;, ~ -..J -' t \~ I ,\-D--? ... :-=~ ~ ' " r"!.¡\~' L ~ ';', . - -...; ~,~~) ~ ~ I ~ \..0 ~.~ \~... ~~ í ." ¡; . 'Q . iI\',,~ i~II:.Ll - .' " ...." . 'tINT"" Uò"ILc.~· "I<!IO('" l~ ~06 , J ~ . '" '. [\A' .' , . "'J ~/_' '\ 6..n..... ·A~ L.:~. -'. \ ..-", '.-.....-. ...... [ .'_ ......... ",\":,¡-,~-.",... ,v /" t· -....... . < '..lÜi ~.¡).:~g _-\~} \~ ~ . F.~I W \'5. .. . ~I;o, II.....,..~Q IL \~ . . ¡.. \\ (), '. r ~ . I, ,~ '\~~i~ "~, ~ I \~ t ~ ~ ",IOot\ ~'1:è. ',ÚoI J,~ '-\\.t '\\1\, "" ivjlN I ~ -..1.~-:1 .-...--._ '-:- /0 ,¡- ,i ....~. v-G'" j- A ~ ~IÞ- . ~~ ~ . J \J ~\ ~ l ~- C) <ß. . \ :~..." ,'-S' ,~ ~ ~ "-'~ "-' ( '" -. -':>\'-~ . ....,." f 'CJ.. ~. -- - '.. . ¡' . I ! · '.' IN' ,-^. ::j .;:!~ ~. \.... () ~ ~ ~ ~N~~~'~~~~··,111N-· IN N1N ,µ2: '. -::J' - <' 'of. ......\'" ~~. . - ~ I' 0 - '" vi.. ~. -' ~\ '- i'>.. ~ \!A -J - .,. _ ,. .- :Or-.' . ~- - .... I. ) , . . 0 IPS >-'I~, J · \:.., ç; ~ I \r~ . k· ~ I \ . -::: ".' ,'. -" Sò 1. h , \ - ,- :...... ". ~~..... . 1.. '1 6TI. . ,;- ~ 'X - - '\r'- "~ ;I~) \- ,.. ":."~ I ... '.. . , .~.. ~ \SI.... ,_....;' . ..;../ <.s ., . " " \H' SO 74·15 . . ,,,) 'ì . -.c . f ~ n -I , .. ~, .' A' {\,o . " ... I' ~~ - i .. f. ;; ~-.. \~ ~- 6].- ~ '", ,) . __..... ~ ~ ètfiii ',:s;:~ ·It;. .l't;:. 1= \"" ~I\) ,;,/- ~' ~~' -... \JI ~ ... ... '\- W:" ' C. ~'_ . g ~ . . \l.,. \ So -- ~... \,J'}'J, '"s " " "" " .~( ~ ~,.." . , . ._ ( . .,..... . ~'I ·r;s ,~' -, . 'Ö5 U ~.~ . '\ . . _ \'i. i' a-.\:- N . ! ; \ , ~_" ''1 ~ Q ¡o ~ ., " " . . . / ;,. ~~ S>: ,_ 'os;. co . ..... - ,e- I' ...... ;..:.. . _ . .' '. ~ ~, ,ÿ> '"~ .' r ·'1,;1, ,,&; 1 .,. h"?o ~ ~N / ~ ,--.. k.! II\) ,-"It ,s.- ,.. ~ .... i.i\ . 'I .' ,-;i, "'b. ( w.~ ~ . , ./ . crY~:. ... , .....,... . tv t\S ~y _. ~¡:¡;Þvl ~_ _~... !': '. * -'. s."*W~ 4 T,b.- "A\¡ r:: . ~ t' - ;,- ~ : \:.~ Î>JI~~ .oG· ,00 I lei" ! <;:=> -' . . . :,: - G'._ ¡=:"\7: f· "r ,.,~ I ',_.. .~~ \- ~ ® J) \ff" t '\-) ~ \ ~'I\_ i ~ ~ B. =,...... ; _".' " ., _ ..: 1\ 2. I ... '.. ~''t, " ..... ~ .. ~. _ . .! ~ . ¡ ".~ \ .... .~\'-'I~ "'v' ..' ~'I¡; .~ 11' \ ,.~. " ~I~. \~'t-j ~~ ~,~ "" ~ IN.: ,.¡j ,,;.1 it \IJ'J.. \/-;. .i\3ll', .t~~/'t. ~ -:"'"f)~-..I~\ \~tvs'\u\ ~ ':1 "h <::ð t. ... . '. \~ r'- ,..¡, "-'r" . . . ,,... -'i ,~,. 0 . . j{ I f"'''- .' '. ~,. -Å .... -; I!,<; . .. ,. - " , ~...~ '\.... '-U "~',Ii \.~ ..- \0 \ ~6' = ~~ t' .\~·ð s: \~ I . ~ ':.. ..1.1 . I~ ,I, '\ ~ ' 117 11;. I . . , lJ I~ "'I','''' J. . \ . . 'I... i ~, " ...¡. ¡.....-- '" ..... ~ ,r.; '6' W\ t t::"~ À- ,!i ~ ~~ I \" ~ &'/ \\t, '~. "0 ',""'. I!: "-'\\1\ ~ ~ ¥- . 1112. /12. (~ " I \~ !5tt: ',. . ¡Oo 10," . ¡W,I/'t. \~ . I ï >" . \ ~ ,I.þ ~ \f$' ;-----,(;: \<J) u:'" -: \~ '\.- 1- f..o ,\~ \- ~ ~~,' ) , \~ . t ~ ::-, '" '" 0; ,. I' - . ..' 'I" .::.. ~ . .. ': / , ~ - ..-, , .', ~ .,¡ -< - 0 - ~~: . \ OCt ð' ','~ I~ \~ ,. \~ -:---f \ ~ "':<-. ,93, '\-- ~ ~ \~ , " ....,.... ': \ \ ~ 'to. \ ~,\ " . 100 \OQ . \ 00 ~ .' L _ ,. , ;, ;:> W AV¡:: . \ . .' - .- C/\ r'Î~/1 l, Memorandum To: David Harden, City Manager Tbru: Lula Butler, Community Improvement Directorcb From: Dorothy Ellington, Community Development Coordinator ~, Date: October 7, 1996 Subject: Renaissance Program Subsidy Recipients ITEM BEFORE THE COMMISSION: City Commission authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program. BACKGROUND: The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23,1996. In partnership with the Delray Beach Community Development Corporation, The TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. The Renaissance Program focuses on very low, low and moderate income persons in Delray Beach. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and infonnation on [mancial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate tenns. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit, are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less $40,000 per unit, are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION: Staff is recommending City Commission approval to fund subsidy for the eligible applicant of the following property: *Lot 21, Block 103, Roebuck's Resubdivisionn / $18,927.00 ð fJ· ·. Agenda Item No.: 6/34 AGENDA REQUEST Request to be placed on: Date: October 7, 1996 Regular Agenda Special Agenda -_. Workshop Agenda xx Consent Agenda When: October 15, 1996 .Description of item (who, what, where, how much): Authorization and approval to issue subsidy to an eligible applicant under the the Delray Beach Renaissance Program totaling $18,927.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Funds are to awarded from HOME Investment Partnership Program and State Housing Initiatives Partnership Program (SHIP) dollars. HOME total $13,587.00 Account # 118-1923-554-83.01 SHIP total $5,340.00 Account # 118-1924-554-83.01 (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: ~,~~ ...... City Attorney Review/ Recommendation (if 'ppliCable): 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 c¡.- . Ic· . f \. ~tL~t;t ,-,,' /-'.'>---£:,¡--£/ ~ (............. - ~_. Hold Until: . '~ .' \, ( -1. y, _ .-. '-·l . ¡--1- J --, ..h-.,--( v~_ - Agenda Coordinator Review: t." r:::rL - :'1'" L~" ;.~ .'-~, ., - - -¡{: /ct (7'-.vL~i Received: ¿--\-< /_ \v'l"~¡ . ". Placed on Agenda: Action: Approved/Disapproved · . DELRA Y BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 65.02 NAME Carlos Zepeda RPERTY ADDRESS XXX S.E. 4th Avenue. Delray Beach LEGAL DESCRPTION Lot 21. Roebuck's Resubdivision of Block 103 Delray Beach. Plat Book 2. Page 19 % OF AREA MEDIAN HOUSEHOLD INCOME ..1L # IN HOUSEHOLD -º- COST OF HOUSE $80.150 COST OF LOT $12.000 CLOSING COSTS $4.038.00 TOTAL TRANSACTION $96,188.00 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 73.000.00 CFC Bank RATE 8.00% LTV 79.35% SECOND MORTGAGE $ 13.587.00 City of Del ray. HOME $ 5.340.00 City of Delray. SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF"A" CITY PERMIT FEES W A VIED $ 1.160.00 APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $2.296.00 TOTAL TRANSACTION $96.188.00 ~ ~ ·1· 15~~1. j . t th..~ H' \8 i ~~" I ~ILJt!j " .- ~ß;"; ~ IZß -." ~ SE ISi, Sf. -:r >- ~ tl1C- ~ . .L /f--,--- 1'1.... .... t> ~ 85' \ ~ 1 9 · . ,~'). . . 20 , ~ l3 24 : ø.~ he ~ In 11'!i , ~ .L _ ~ J. ~ 2- ~ I II ~ , U , - ~ ~~ " ~ -' - .,. 'J r 'JJI . ~ :1.1 '- i - I 1\ . I- Ib). ~ - .¡:¡ IL - :: -- ....., ~. J 13 ... I .. 2' , , ]A '-- . - >:1 · \- 12 ~ ~ ~2 W~ (:) ~ . QJ ~ D~ ~ ....... ~ . .. 14 '- ~ ~ ~ . \ ~I ~~. @J.k :g'li 12.1 ~ 2. .-J ._~ If J:' e:( ~~ ~1 , L'1.!~ ~ l!)1 ~ 5 I ~ \ ~ 5.1 IJ.I ~ Q:; 1'- II - . I '- ~ .. 16 ~ W11;~ ~'l5. : II. ~ ~ . i. . - I NS I ~.- ' &1 ~ ~I 86 . 17 ....... it _ -~ ~ CO~ 1Z ' t 135 I lJ' . y ..... , "« I :¡ 7 .. ~ ( 0 18 ~ i ~ .l§ d , - ~ ~ . - o¡: I bi\'\ .,.: .1, (~ ,35 J SE ./ '2ND' 51 . \ '. 19J oj . . '. · ~, - ...... ..4. r 7 . - I P.2..., lJ ¡ ~. ' t . . 1)'1 13~ V' /I.' _ ~ 3 .) I ~ 1.: . ow.. It' '-'\ I fJ~ tI_ \0 _ _ ',131- J SAYOY~, 2· ~w -Á; ~ 23 I ) CO'NOO - , ~. ~ 2. " - , t - ¡ I:It ' hi, - 1 ,"- > I .. -! ' .., ª ~..." .', . ~ I~"'." ~ <:( 1 ~ ~ ld . . I ./ . U) t §.. . ~ 0 -~ I · - It ~. i.hL. - 1.) 1 . G. 1&:.J ,~ IG. «. 'º ~ . I · _ ~ ./6AC U) It -2~ . t ~ ~ 16 ïll' JQ . · ß.'~ (J 'I·i. . '0.;"..:. ~!i. I: . ,,¡ I , ~ 2 ~ Þ" 18 ,. - , ,. ,. JI. .,., .,.9. ., ~~) J> . 6 ., - 18 . ,~ I · U' . ~ '\0 19 q kJ 1 8 19 ¡ ,- ,,.., ~ III I .~ I . 8, - lL.. J- - 19' L .' , ~ '. _ r' ~ II 1 \' . ~ lO · 0 - 17 . I ..,_ . 9. . I . :. 12 lJ_ . II . ¡ ~ I § 21· ';J: «' ~'.' ¡¡! . I · 13 . I' - .' I .. -: . : I! 1 !,JR JL . ß.I !. ~ 10 ZZ F<T" ~ · IQ, ~. 12 ~ ~ ~ .... 14 J - //" . .- ; Sf: -.' ,>, I" J,~ 23,1 . ~1I.2 11:1 ¡~~4B ~ ~ QJ ~!!- "" L- , ~¡. p~11\~O 51 -i. . . , > <\0 '51 . ;" {.., , [ . Iì'." . . I"~ · -1.2 --.- '. , ,... ;...t~ .1 Q""iJ1"" ~. .' ~ ~.IM':~~" \ . ',~ '.:>&' .' '. '0: ¡ .J. . . ~ " ..... , 2 . ;.1 ~ M ( ~ 2 .y . 14 - . 23 ¡ 1 f, . '" ~ ~.. ~ ." ~ l.2 ; ".J. 15' ~ ª I 4:;¡, ; :. 5, ~ 12, i/i 180 . . · -,.., I -- . \ L ~ ,. .' · . ~ ~' 8' . f> ~!, ", ,,"- ,~ ZQ" '~¡ , .. ~, . . _.'" IT ~ ¿.... . Q (f -, W · ..' :--', ' . . ~... . c/) '" .1)(" ,,(1 ) "7 ~ b .\2-:, 8 6 <ib Uì. .5. <\)' . · . -i., ~ _.. . . , . , _ .11M ¡ "J 7fj;) '\, ,.' ~ . 7 . .- , _ . ". , , '. ~, ~ jl, k .w ~ LJ. ':f. l' ". . . - ~ 13' ,-.. '. r ~ ,-21, -.. - (",' ' ~ 8,1 . ~ I ' ",' 1k" . . .1CL7 or. ~ . - ~ ~~ - . . ~..' ... . . ,~. .~", IV>7 ~" K¡ - · ') '.' '.' ,. . . . ;.c. . r; -. '" . ill 12 . ,.\ .1§ . . ~.tt· >- Î;U . ~ .' ; ., ..~ ~ 21·- -,.., "., .; J 'f;...~~ ~ª:,. 4 'I . -¡Cd 11.. !!.. -:- . ~ rt, ,,].3-_. < ~;~'. 0' ..~, . '" .'~.. ¡a,O;: pe.~· :c. S . ~ ~ .~ . -'Þ~'~ ..,'. ~lå:¿"" ... ':',~~ : .:. - .¡, \ . . , &:4t,. . , . ' '. ~ '. 'ti. ~' r!i"'" · ·NO TE . . - . . --. . -, ~, '. -- - .,. , , .. * f.' . ' .... . -<,. ',,' ,C :0'..., ' .... . StJPtC01 r: r ~Q: t::.-,' . . .. ,." ',' ", ,..... -~ -- .. ;, . .: '1< ( (:p- 1 Memorandum To: David Harden, City Manager Thru: Lula Butler, Community Improvement Director From: Dorothy Ellington, Community Development Coordinator Date: October 9, 1996 Subject: Amendment #001 Children's Substance Abuse Grant ITEM BEFORE THE COMMISSION This is to request authorization to execute Amendment #001 to the Substance Abuse Contract (Health and Rehabilitative Services). BACKGROUND Since March, 1995 the City has been the Fiscal Agent on behalf of MAD DADs for a Substance Abuse Prevention Grant funded by the Florida Department of Health and Rehabilitative Services. These funds are used to provide prevention services through the Excel Focus Five program to 24 fifth graders at Pine Grove Elementary. This amendment incorporates into our contract the following: 1. A requirement to notify the Department of Health & Rehabilitative Services of employment opportunities associated with Excel Focus Five for persons currently receiving public assistance. 2. A requirement to develop goals for doing business with minority owned/operated vendors, should any part of the HRS contracted dollars be subcontracted out. 3. A revised Attachment II which stipulates Audit Requirements applicable to this grant and the address the audit is to be sent. RECOMMENDATIONS Staff recommends approval to authorize the execution of Amendment #00 I to the Substance Abuse Contract funded through HRS on behalf of MAD DADS' Excel Focus Five Program. J·e· Agenda Item No.: r~ AGENDA REQUEST Request to be placed on: Date: 10/09/96 Regular Agenda Special Agenda --- Workshop Agenda x Consent Agenda When: 10/15/96 .Description of item (who, what, where, how much): Request authorization to execute Amendment #001 to the Substance Abuse Contract (Health and Rehabilitative Services). (Example: Request from Atlantic High School for $2,000 . to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached~YES/NO Recommendation: Staff recommends approval to authorize the execution of Amendment #001 to the Substance Abuse Contract funded through HRS on behalf of MAD DADS' Excel Focus Five Program. (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: YES/NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved. for agenda: é!J;JNO ¡~~ -æL~-4 '---",/ ì~,-' ¿....---"-- Hold Unt~l: ~,.' _JJX. I"::T- -~~, . C\/"~ ~- .-. /'~ :t -c~ t L _~,~'J Agenda Coordinator Review: )~ ÁJv - ,'"7'-7vO ' Received: Placed on Agenda: Action: Approved/Disapproved [IIJ.~ ~~. Jb(Ó1l FLORIDA DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES Working in partnership with local communities to help people be self-sufficient, experience good health and live in stable families and communities. RECEIVED OCT 0 3 1996 September 13, 1996 COMMUNITY DEVELOPEMENr Ms. Dorothy Ellington Community Development Coordinator City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Ms. Ellington: Enclosed are four (4) copies of Amendment 001 to our FY 1996-97 contract #IH321 incorporating Project Independent and Subcontracting with Minority Vendors clauses and the revised Attachment II. ~~ _.u~~ Please review, sign and return all four ~4} copies of the contract amendment to the Department~Health and Rehabilitative Services, Alcohol, Drug Abuse and Me al Health Program Office, P.O. Box 3084, Lantana, Florida 3346 no later than September 24, 1996. \ ~ \ ~\ h If you have any questions please call e at (407) 540-1308. ) ,_\ q D\,-j ¡;¡;~ Phil Fleisher Human Services Program Director Alcohol, Drug Abuse & Mental Health Enclosure RECE/VE-L~ SEP 1 8 1996 4f2MLNIS TRAìì ON P.O. Box 3084. Lantana. FL 33465 LAWTON CHILES, GOVERNOR . " . . Amendment #OOI THIS AMENDMENT, entered into between the State of Florida, Department of Health and Rehabilitative Services, hereinafter referred to as the "department" and The city of Delray Beach, hereinafter referred to as the "provider" amends contract IH321. 1. Attachment I, Section D, paragraphs 5 and 6 are hereby added to the contract: 5. Project Independence The provider has implemented Project Independence, an initiative to assist public assistance recipients to enter and remain in gainful employment. Employment of Project Independence participants is a mutually beneficial goal for the provider and the department in that it provides qualified entry level employees needed by many providers and provides substantial savings to the citizens of Florida. The provider or its agent agree to notify the department of entry level employment opportunities associated with this contract which require a high school education or less. The department will provide information to the provider identifying Project Independence clients who are referred to the provider. In the event that the provider or its agent employs a person who was referred by the department's Project Independence office, the provider will notify the department. 6. Subcontracting with Minority Businesses The provider agrees to develop agency goals for doing business with minority owned/operated vendors, should any part of HRS contracted dollars be subcontracted out. Minority status is defined as: provider is at least 51% owned or controlled (i.e., composition of governing board if not-for-profit) by: a) Black, Hispanic, Asian or Native American, b) American Women and c) Combination of ~a" and ~b" (use only if ~a" does not equal at least 51%) Prior to executing any subcontracts, the provider agrees to demonstrate to the department (Contract Manager) the following: · How the provider attempted to recruit and select minority vendors. · How many responses were received by the provider. · Why a minority vendor was/was not selected. 1 . ., . ... . . City of Delray Beach Amendment #001 IH321 (Continuation) 2. Attachment II is hereby revised and attached hereto. This amendment shall begin on October 1, 1996, or the date on which the amendment has been signed by both parties, whichever is later. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. This amendment and all its attachments are hereby made a part of the contract. . IN WITNESS WHEREOF, the parties hereto have caused this 4 page amendment to be executed by their officials thereunto duly authorized. PROVIDER: STATE OF FLORIDA THE CITY OF DELRAY BEACH DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES SIGNED SIGNED BY: BY: NAME: Jay Alperin NAME: Suzanne Turner - Mayor TITLE: TITLE: District 9 Administrator DATE: DATE: FEDERAL ID NUMBER: 59-6000308 2 . - - . . . . * ATTACHMENT II FINANCIAL AND COMPLIANCE AUDIT This attachment is ~plicable, if the provider or f[;antee. þer~inafter referred to as provider, is any 10 government entlg, non&ro It orgamzation, o~ for~rofit . 0Pianization. An audIt performed by e Au Itor General shall satIsfy e requlTements o this attachment. PART!: FEDERALLY FUNDED This Rart is applicable if the provider is a 10ëãI government entÍ!y or nonprofit orlZanization and receives a total of $25,000 or more in federal funds fassed through the department durinlZ its fiscal creear. The provider has "received" federa funds when it has obtained the cash -from the epartment or when it has incurred reimbursable expenses. Local governments shall co~' with the audit r~irements contained in Office of Management and Budget (0 ~ Circular A-128, udits of State and Local Governments. Nonprofit provi eI1\ shaH comply with OMB Circular A-I33, Audits of Institutions of HicÆher Learning and Other Nonprofit Institutions, except as modified herein. Such au Its shall cover the entire or~anizatÍon for the o~anization's fiscal year. The audit report shall include a schedule of mancial assistance at discloses each state . .' . contract by number. . -'.. -- . .... - .. Compliance fmdings related to contracts with the department shall be based on the contract r~irements, including anrh rules, regulations, or statutes referenced in the contract. e fmanciãl statements s all disclose whether or not the matchint r~uirement was met for each ~filicable contract. All ~uestioned costs and . abilities due to the department shall be y disclosed in the au It report with reference to the department contract involved. . Ifth:fsrovider has receivëd any funds from a Æants and aids afepropriation, the provider . will so submit a compliance report in accor ance with the ru es 0 the Auditor General, .' Ch~ter 10.600, and inèiicate on the schedule offmancial assistance which contracts are fun ed from state grants and aids appropriations. The provider agrees to submit the required reports as shown in Part IV. P ART IT: STATE FUNDED This P.art is applicable ifthetrovider is a npnpfofit onzanization.tha~ receive~ a total of $100,000 or more from the epartment dunnQ Its fiscàI year, whIch IS not~aId from a rate contract baseò on a set state or area-wi de-fixed rate for service, and 0 which less than $25,000 is federally funded. The provider has "received" funds when it has obtained the cash from ihe department or when it has incurred reimbursable expenses. The provider a2Tees to have an annual fmancial audit gerformed by independent auditors in accordance with the current Government Audit~ tandards issued by the Comptroller General of the United States. Such au Its shall cover the entire oreanization for tlie organization's fiscalruear. The scope of the audit p'erformed shall cover-the fmancial statements and inc ude r~orts on internal control and compliance. The audit repon shall include a schedule of mancial assistance that discloses each state contract by number. Compliance fmdinlZs related to contracts with the department shall be based on the contract r~iremeñts, including any rules, regulations, or statutes referenced in the contract. e financial statements shall disclose whether or not the matchin¥ requirement was met for each ~f¡licable contract. All guestioned costs and iabilities due to the department shall be u 1y disclosed in the audIt report with reference to the· department contract involved. If th~rovider has received any funds from a IZrants and aids a~DroFriation. the provider will so submit a compliance report in accoraance with the ru és 0 the Auditor General, Page 1 of 2 06/25/96 3 . --. --~- ._.-- -- - y . . . - ATTACHMENT II Ch~er 10.600. and indicate on the schedule of financial assistance which contracts are fun from state grants and aids appropriations. The provider agrees to submit the required reports as shown in Part TV. . PART ill: CHAPTER 10.600, OR NO AUDIT REQUIREMENT This part is applicable if the ~ro\'ider is either (1) a ior-yrofit o~anization, (2) a local ~overnment entity receiving ess than $25.000 In federa funds rom the deßartrnent uringits flScal y'e3f. ~3) a Donwofit organization receivin! less than $100. 00 from the depanment, ofwhicJi ess than 25.000 1S federal1~ funde , during its fiscal year, or (4) a nonprofit or~anization receiving a total of $100.0 0 or more from'" the deg¡anm ent from a rate oontract ased on a set state or area-wide fixed rate for service, ofw 'ch Jess than S25.ooo is federally funded. The provjàer has "received" fund:; wben it has obtained casti from the department or when it has incurred reimbursable expenses. If the provider receives funds from a grants and aids appropriatioç., the provider shall have aD audit, or submit an attestation statement, in accordance with the rules of the Auditor General. Chafcter 10.600. The audit report shall include a scheåule of financial assistance which disc oses each state contract b)' number and indicates which contracts '. - are funded from s~te_grants ~~ aids ap~ropri8:tio~. ." . .' . . . The provider agrees to submit the required reports as shown in Part IV. Otherwise. if the provider does not receive funds from a grants and aids appropriation, the provider has no audit or attestation requirement required by this attacI:iIÍ1ent. PART IV: SUBMISSION OF REPORTS - Copies of the audit report and any management letter b~ the independent auditors. or attestation statemenà f«?quired by this attachment shall e submitted within 180 days after ,. the endoítbe provi er's fiscal year to the following, unless otherwise required by Florida Statutes; A. Office oíIntemal Audit (OSIA) 1317 Winewood Boulevard Building 1. Room 301G Tallahassee, Florida 32399-0700 B. Contract manager for this contract. . C. Submit to this address only those regorts prepared in accordance with OMB Circular A-b3: Federal Audit Clearinghouse P. O. Box 5000 JefiersoDviHe. Indiana 47199-5000 D. Submit to this address only those rep'orts Ffeepared in accordance with the rules of the Auäitor Deral, Chapter 10.600: Tun Dwyer Office of the Auditor Genera! P.O. Box 1735 TalJahassee. Florida 32302 Th~ provider shall ensure that audit wprkinf~apers are made available to th~ departlpent, or Its desJfmee, upon request for a genod 0 lve vears from the date the audIt repon IS issued. unIess extended 1D writing y the departrrient. Page 2 of2 06/25/96 4 · {/\ rIA-I I MEMORANDUM To: David T. Harden, City Manager From: Joseph M. s~or of Finance Subject: Underwriting Agreement Date: September 24, 1996 The City Commission has previously directed staff to negotiate an agreement between the City and Smith Barney Inc., and Raymond James and Associates. We have attached an agreement which would allow these two (2) firms to provide underwriting services on future borrowings for a period of five (5) years with termination with or without cause by either party upon thirty (30) days written notice of the termination. The contract also allows for the determination of the book-running Senior Manager which provides for the selection to be approximately equally and ratably over the term of the agreement. Compensation to the Underwriter's will be negotiated during each financing. We recommend the execution of this agreement. The agreement has been re- viewed by the City Attorney and approved as to form and legal sufficiency. c: Rebecca S. O'Connor, Treasurer \underwr\newk y./). Agenda I t em No. : ?b AGENDA REQUEST Date: 9/24/96 Request to be placed on: . x Regular Agenda Special Agenda Workshop Agenda When: October 1, 1996 Description of agenda item (who, what, where, how much): Approve Raymond James & Associates and Smith Barney, Inc. as the City1s Underwriters for a five year term with termination with or without cause by either party upon thirty days notice of termination. ORDINANCE/ RESOLUTION REQUIRED: Y2S/NO Draft Attached: YES/NO Recommendation: Approve the above contract. Department Head Signature: Determination of Consistency s -\ , ~ J City Attorney Review/ Recommendation (if applicable): ì' ó¿W2- ,. Budget Director Review (required on all items involving expenditure of funds) : Funding available: YES/ NO N/A - Compensation paid with Bond proceeds. . Funding alternatives: (if applicable) \ Account No. & Description: Account· Balance: /" PL--S' ~. t-.t \lVí ,Pd:: ct,Ç>¡fS· City Manager Rev iew: Approved for agenda: §I NO Z1v) Hold Until: Agenda Coordinator Review: Received: - . Action: Approved/Disapproved UNDERWRITING AGREEMENT This Underwriting Agreement (the "Agreement") dated as of , 1996 is by and between Smith Barney, Inc., Raymond James & Associates, Inc. and Company, Incorporated (collectively, the "Underwriters") and the City of Delray Beach, Florida (the "City"). WHEREAS, the City wishes to retain an underwriting team to assist the City with its financial needs for the term of this Agreement; WHEREAS, the City desires the benefits of consistency of service in its bond underwritings and capital financial planning available through retaining an underwriting team for the term of this Agreement; and WHEREAS, the Underwriters agree to provide services contemplated by this Agreement for the term of this Agreement; and WHEREAS, this Agreement is not designed to preclude the City from entering into borrowings which may be more cost effective than public offerings. such as bank loans and lines of credit and competitive bond issues; NOW, THEREFORE, in consideration of the terms set forth herein, the Underwriters and the City agree as follows: 1. The recitations set forth above are incorporated herein. 2. AQreement to Hire and Provide Services. The City hereby agrees to retain the Underwriters as its sole underwriting team for bond issues. In.. that capacity, the Underwriters shall provide underwriting services including the following: a.) Maintain an understanding of and provide input where appropriate into the capital financing plans of the City by reviewing relevant documents and attending pertinent meetings; b.) Work with City staff, advisors and counsel to assist in developing financial plans tailored to the short and long term financial needs of the City, which take into consideration the most cost effective techniques available in the marketplace; c.) Participate in the implementation of financing plans by serving as the underwriters for the City's bond issues; d.) Provide only such other services as are mutually agreed upon by the City Manager or designee and the Underwriters which mayor may not include the purchase of securities for escrow accounts and brokerage of other securities and investment products for the City. 3. Determination of Book-RunninQ Senior Manaaer. The City Manager or designee shall select one of the Underwriters to be the book running senior manager for each bond issue. The City will attempt to have such selection be approximately equal and ratable between the Underwriters over the term of this contract, however, failure to achieve this goal will not be considered a breach of the Agreement. 4. Adiustments to Underwritina Team. The City may add other underwriters to serve on the underwriting team as co-managers on issues greater than twenty million dollars face value of securities at the City's discretion. 5. Compensation. The Underwriters shall receive fees for its services at the completion of financings on terms then negotiated and agreed to by the Underwriters and the City and upon agreed terms for other services separately requested by the City. 6. Terms of the Aareement: Termination. This Agreement shall extend for a term of five years from the date of execution of this Agreement. This Agreement may be terminated with or without cause and at the convenience of either party upon the delivery to the other party thirty (30) days written notice of the termination. 7. Jurisdiction and Venue. The Underwriters agree that any dispute or cause of action arising out of this Agreement shall be governed by the Laws of Florida with venue in Palm Beach County, Florida. 8. Compliance with Laws. The Underwriters shall comply with all the applicable requirements of Federal, State and applicable County laws and all codes and ordinances of the City of Delray Beach, as may be amended from time to time. 9. Assianment. This is a personal services contract wherein the particular" reputation and skill of the Underwriters is of paramount concern to the City. This Agreement may not be assigned or transferred to a successor corporation or other successor or legal entity of any kind involving a material change in ownership without prior written approval of the City. 10. Insurance. Underwriters must submit either (a) evidence of a guarantee of the Underwriter's obligations pursuant to this Agreement by the corporate parent of such Underwriter in a form acceptable to the City, or (b) evidence of Fiduciary Liability Insurance or Professional Liability Insurance in an amount acceptable to the City. The City shall be named as an additional insured. The insurance must be maintained as long as the corporation is in existence and proof of such insurance shall be submitted to the City upon the execution of this Agreement and each anniversary thereafter. 11. Indemnification. Each Underwriter shall indemnify, hold harmless and defend the City, its officers, and employees against any and all claims, losses and causes of action, arising from the performance or non- performance of that Underwriter's duties pursuant to the Agreement, including actions or inactions that constitute negligence and/or willful, reckless, malicious or intentional actions or inactions which may result in liabilities incurred by the City, its officers and employees as a result of each Underwriter's performance or non-performance under this Agreement. Each Underwriter also agrees to indemnify, hold harmless and defend the City, its officers and employees against any liability arising solely from or based solely on a violation by that Underwriter of any Federal, State, County or City laws, or respective charters, ordinances or regulations. This indemnification shall survive the termination of this agreement and shall be binding on the successors and assigns of each Underwriting or service provided. 12. Entire Agreement. This Agreement represents the entire integrated Agreement between the City and the Underwriters and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any way, at any time, after the execution hereof, except by written approval of the City and the Underwriters. IN WITNESS WHEREOF, the City has caused this Agreement to be executed by the proper officers on ,1996. CITY OF DELRAY BEACH, FLORIDA By: Mayor Attest: By: City Clerk . Approved as to form and legal sufficiency: · . - IN WITNESS WHEREOF, Smith Barney Inc., has caused this agreement to be executed by its proper officers on ,1996. Smith Barney Inc. By: Witness Name and Title Witness Attest: By: State of Florida County of The foregoing instrument was acknowledged before me this _ day of ,1996 by (name of officer or agent, title of officer or agent), of Smith Barney Inc., (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of indentification) as identification and did (did not) take an oath. Signature of Person Taking Acknowledgement Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any . . IN WITNESS WHEROF, Raymond James and Associates,lnc., has caused this agreement to be executed by its proper officers on , 1996. Raymond James and Associates, Inc. By: Witness Name and Title Witness Attest: By: State of Florida County of The foregoing instrument was acknowledged before me this _ day of ,1996 by (name of officer or agent, title of officer or agent), of Raymond James and Associates, Inc., (name of . corporation acknowledging) a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any Df.( r:J0 MEMORANDUM To: David T. Harden City Manager From: Joseph M. * Director of Fina Subject: Public Financial Management -- Contract Renewal for Financial Advisory Services Date: September 24, 1996 Public Financial Management (PFM) has provided financial advisory services relative to all of the City's Bond Issues for the past six years. Public Financial Management has agreed to provide us with the same rate structure that we have had since 1990 for the next five year period. The fees are as follows: 1. For services related to Debt Transactions, (including Bonds) PFM will receive a fee of $0.75 per $1,000 of bonds subject to the following minimum transaction fees: Negotiated Sale $12,500 Competitive Sale $15,000 . Refunding $15,000 2. For services related to financial planning and policy development, PFM will receive an hourly rate for assigned tasks as follows: Managing Director $175 Senior Managing Consultant $160 Consultant $130 The contract also permits termination with or without cause by either party at their convenience upon thirty days written notice to the other party. We have been more than satisfied with the level of expertise and consistency that PFM has provided and therefore, recommend approval of the contract. This agreement has been reviewed by the City Attorney and approved as to form and legal sufficiency. !~ & /1/5/96 -'1-0 F·E· ~-~/ . . {I ' [J1.·1 MEMORANDUM To: City Commission From: David T. Harden, City Manager Subject: Reimbursement Resolution Date: October 9, 1996 This resolution declares the City's official intent to seek reimbursement for expenditures made with respect to the City Hall Envelope Project as well as the Golf Course Clubhouse Dining Room Expansion from proposed 1996 Utility Tax Note proceeds. This resolution is in compliance with IRS regulations which require municipal borrowers to make a declaration of official intent to reimburse funds for prior capital expenditures made from proceeds of tax-exempt financings. The declaration must be made within 60 days of the first construction expenditure and must be reimbursed within an 18 month period. c: Rebecca S. O'Connor, Treasurer fF t - - -.,.- -~- .'- ~ '... --- -" _. - . _. ...- .~-- - --_. - ,.- '-""--.- I ..".~--- i RESOLUTION NO. 78-96 I A RESOLUTION OF THE CITY CG1MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE CITY OF DELRAY BEACH'S OFFICIAL INI'ENI' 'TO SEEK REIMBURSEMENT FOR CERTAIN CAPITAL EXPENDITURES MADE AND 'TO BE MADE WIlli RESPECT 'TO THE DESIGN, ENGINEERING 1 CONSTRUCI'ION AND EQUIPPING OF A RENOVATION AND REMODELING PROOECT 'TO THE CITY HALL BUILDING, INCLUDING THE FINANCE DEPAR'IMENT AND RELATED FACILITIES; THE DESIGN, ENGINEERING, CONSTRUCTION AND EQUIPPING OF AN EXPANSION PROJECT 'TO THE CITY-OONED GOLF COURSE CLUBHOUSE; ALL FROM PROCEEDS OF ITS NO!' 'TO EXCEED $3,000,000 UTILITY TAX REVENUE OBLIGATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida (the "Commission") did, on December 3, 1991, adopt Resolution No. 98-91 (as amended and supplemented, the "Original Resolution"), authorizing the issuance from time to time of revenue obligations secured by the proceeds of the utilities services tax levied by the City of Delray Beach, Florida (the "City") pursuant to Chapter 166.231 Florida I , Statutes; and , WHEREAS, pursuant to the terms and provisions of the Original Resolution, the Commission will adopt on or about October 29, 1996, a resolution (herein, the "Note Resolution") authorizing the issuance of Utili ties Tax Revenue Bonds or Notes in the principal amount of not to exceed $3,000,000 (herein, the "Notes"); and ! WHEREAS, pursuant to the Note Resolution, the City will be authorized to I borrow up to $3,0001000 to finance all or a portion of the cost of design, I engineering, construction and equipping of a renovation and remodeling project of City Halll including the Finance Department and related facilities and to finance all or a portion of the design 1 engineering, construction and equipping of a municipal ! golf course clubhouse expansion (collectively, the "Project II ); and WHEREAS, it is intended by the City that the interest on the Notes will be excludable from gross income for Federal income tax purposes; and I WHEREAS, the City has incurred or anticipates that it will incur certain I! capi tal expenditures relating to the Project prior to the issuance of the Notes; and WHEREAS, it was necessary for the City to incur wi thin the last 60 days and , i the City will incur prior to the issuance of the Notes certain capital expenditures I I I, (herein, "Prior Expenditures") with respect to the Project; and I WHEREAS, such expendi tures were paid out of Golf Course and General I Construction monies of the City on an interim basis; and I WHEREAS, the City incurred or will incur the Prior Expenditures with the i expectation of seeking reimbursement from the proceeds of the Notes; and WHEREAS, the Internal Revenue Code of 1986, as amended, and the regulations I promulgated thereunder (the II Regulations II ), permi t the reimbursement of prior I incurred capital expendi tures from the proceeds of tax-exempt obligations if the issuer, among other things, declares its official intent regarding such reimbursement; and i i , .". _ .-. __ _.'~ z_.____ . . ,,",. ~.._. _.'-~.~- ---_. ,- ---~-- --" _. ---- .,.- ._-- _. --~.,-~.. .-,,- .- ~- WHEREAS, it is intended by the Conunission that this Resolution constitutes such official intent with respect to the reimbursement of the Prior Expenditures from a portion of the proceeds of the Notes. NCM, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI..I.(MS: Section 1. That the recitals set forth above are adopted by the Conunission as the findings of the City and are incorporated herein. Section 2. That this Resolution constitutes the "official intent" with respect to the reimbursement of the Prior Expenditures from a portion of the proceeds of the Notes as required by, and in conformance with, the provisions of Section 1.150-2(E) of the Regulations. Section 3. That the expenditures to be reimbursed pursuant to this Resolution have been incurred wi thin 60 days prior to the date hereof or will be incurred after the date hereof in connection with the Project. Section 4. That the City reasonably expects to reimburse the Prior Expenditures with a portion of the proceeds of the Notes subsequent to the date hereof, and no funds from sources other than the "reimbursement bond issue" (as such I term has the meaning assigned to it under the Regulations) portion of the Notes are, or are reasonably expected to be, reserved, allocated on a long term basis, or I otheJ::Wise set aside by the City pursuant to the City's budget or financial policies to pay such Prior Expenditures. Section 5. That the City will, upon receipt of the proceeds of the Notes, allocate in writing the amount of proceeds of the Notes used to reimburse the Prior Expenditures. Such allocation will be accomplished wi thin the later of 18 months from the earliest date such Prior Expenditures were incurred or the date the Project is placed in service, but in no event later than 3 years after the first Prior Expenditure was incurred. Section 6. That this Resolution shall became effective immediately upon its adoption. I I PASSED AND AOOPI'ED in regular session on this the 15th day of October, , 1996. I I A'ITEST: I ()bnn'1k;<!ú.~ /JrIJ4; I I ity Cler i , ! - 2 - Res. No. 78-96 I i I I I . ')/ . C I \ (-¡~1 .(_1- TO: DAVID T. HARDEN QJNAG~ c- . \ lL MAQ~~ THRU: ~OMI EZ, DIREÒTOR D PARTMENT OF PLANNING D ZONING 1;Ønw-., ~ FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF OCTOBER 15,1996 ** CONSENT AGENDA** RELEASE OF WATER SERVICE AGREEMENT FOR SHS ASSOCIATES (AKA SPENCE PROPERTY) I·::·~:::::~~:~:::::::::::::~:::::::::::::::::::::;::::::::::::::::::':::::~~:~::'::~:~::::::llmIÎI::~~Bllg:llllï:::ÎI:~:.I:::IÎMII.IÎR:::::~:::::~:::~:~::::::::::::::::::::::::~::::~:.:::~:::::::~:::::::~::::::::::::::::::::::::1 The action requested of the City Commission is approval of the release of the Water Service Agreement for SHS Associates (aka Spence Property) located on the west side of Military Trail approximately 1,400 feet north of West Atlantic Avenue. I::::::::::::::::::::::.·::::::::::;~:::::::::::::~::::::::::::::::::::::::::.Ir:::::::::·::::.:::~:::::::::::::::::::~::~:::::::':::::::~.:::::::::::::::::III:Îlllglg::~:I~~::~~:~::~~~:·:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:::~:~::~:::::::::::::::~:::::::::::::::::::::::::::::~:::::.::::::::::~::::::::::::~ An Agreement for Water Service for SHS Associates (aka Spence Property) was approved by the City Commission at their meeting of September 24, 1985. The property has not been developed and water has not been needed. Subsequently, a petition for voluntary annexation was processed and approved by the City Commission on December 5, 1995. Since the property has been annexed into the City, the agreement is no longer relevant. The property owner has requested that the agreement be removed, as it encumbers the title. I::·:~:::::::::·~:··:::·;·:·::~:::::::::~··:::·::::.::.::::·:::~.::::.::.:.::·:.·i:::.:~:::.::::::¡::::·:::::::::::::.;:IIMIÑ:ïll:::IIIIR:::::;::::::::~:~~::::::¡:::::':~¡::::'::'::::'::.::::.::::.;::'::.:::::.:::::::.:::::::::::::~:::::~:::::::.::::::.:~::::::::::~.:::::1 By motion, approve the release of the Water Service Agreement for SHS Associates. Attachment: . Release of the Water Service Agreement Ref/ccshs f·G· · This instrument prepared by return to: R. Brian Shutt, Esq. 200NW. lstAve. Delray Beach, FL 33444 RELEASE OF WATER SERVICE AGREEMENT This release, is made this day of , 1996, by and between the City of Delray Beach, Florida ("City") and Regina W. Spence, Trustee ("Owner"). WIT N E SSE T H: WHEREAS, the tenns and conditions of the Agreement for Water Service dated August 30, 1985 between the City and SHS Associates have been fulfilled; and, WHEREAS, the current owner of the property is requesting a release of this agreement. NOW, THEREFORE, the parties agree as follows: 1. The tenns and conditions of the Agreement for Water Service dated August 30, 1985, between the City and SHS Associates and recorded in the Official Records of Palm Beach County, Florida, Book 4721, page 0627 have been complied \\'ith regarding the following described real property: SE 1/4 of the SE 1/4 of the NE 1/4 and the E 1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 less the E 50' road RIW, Section 14, Township 46 S, Range 42 East, Palm Beach County, Florida. 2. Therefore, as the tenns and conditions of the Agreement have been fulfilled, the City and the Owner release each other £fom the Agreement for Water Service dated August 30, 1985. . . . IN WITNESS THEREOF, the City and Owner have set their hand and seals on the day and year first above written to this Release. WITNESSES: Regina W. Spence, Trustee (Name printed or typed) (Name printed or typed) ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to fonn: City Attorney watre1.agt , . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERr~J{ SUBJECT: AGENDA ITEM # ?;.!. - MEETING OF OCTOBER 15, 1996 CLOSEOUT CHANGE ORDER NO. 3 AND FINAL PAYMENT/MOLLOY BROTHERS, INC. DATE: OCTOBER 11, 1996 This is before the Commission to approve Closeout Change Order No. 3 in the net add amount of $13,966.86, and final payment in the amount of $111,515.47 to Molloy Brothers, Inc. for the Atlantic Avenue/Miramar Drive stormwater pump station and drainage improvements. Change Order No. 3 encompasses the final plus/minus as-built quantity adjustments, utility adjustments/ relocations and modifications to the drainage outfall flapgates. It also includes adjustments to Contract Addition Nos. 1 and 2 for the sanitary sewer removal replacement on S.W. 2nd Street. Recommend approval of Change Order No. 3 and Final Payment to Molloy Brothers, Inc. Funding is available from Atlantic Avenue/ Miramar Drive Pump Station Account No. 448-5411-538-62.46 ($49,078.61) ; Renewal and Replacement - Sewer Mains Account No. 442-5178-536-63.51 ($48,470.00) ; Renewal and Replacement - Water Distribution Improvements Account No. 442-5178-536-61.78 ($8,687.73) ; and Renewal and Replacement - Manhole Rehabilitation Account No. 442-5178-536-61.84 ($5,279.13) . Agenda Item No.: g-;;' AGENDA REQUEST Date: October 8. 1996 Request to be placed on: _ Regular Agenda _ Special Agenda _ Workshop Agenda When: October 15. 1996 Description of item (who, what, where, how much) Staff request Commission approval for af:enda reqµest for Close-out Chanf:e Order #3 to Molloy Brothers. Inc. for the Atlantic AvenuelMiramar Drive Pump Storm Water Pump Station - Project 95-30. Chanf:e Order #3 encompasses the final plus/minus as-built quantity adjustments: utility adjustments/relocations and modifications to the drainaf:e outfall flapf:ates. It also includes adjustments to Contract Additions (e.O. 1-2) for the sanitary sewer removal replacement on SW 2nd Street. Chanf:e Order #3 is for a net add of$13.966.86. Also staff request Commission approval for fmal payment to Molloy Brothers. Inc. in the amount of $1l1.515.~ ~ A Contractor Evaluation is attached for review. Fundinf: sources for this project are Account No. 442-5178-536-61.78 W/S R & R Water Distribution Improvements for $8.687.73 and 442-5178-536-61.84 W/S R & R Collection System for $5.279.13. ORDINANCElRESOLUTION REQlßRED: YEe DRAFT AITACHED YEsn(c) Recommendation: Staff request approval for Chanf:e Order #3 and final payment to Molloy Brothers. Inc. Department Head Signature: Determination of Consistency with Comprehensive Pan: City Attorney ReviewIRecommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available @?No Funding alternatives ¡vi / It (if applicable) '1 Account No. & Description 'Podi S'fJ980 tNf-· 91// - C?1¿v6,;) V," C"i1Mv.,^-~~, MZ ,4vE /¡YI¡~¡¡'¿fc.1Ý') Lfct,c?S,I-1 Account Balance F(l1[ffI.- P A '(Mio---,q- lll(;) ·~Sl7R - c;"51, ~ /, 5 s-¡ (~ is . R ~. Iv~) "yg. '-170 ,> Iv' (;\Æ-' tv. r./tJ¡nI G- ; , .; C'ty MR' l{1./') ~ s-oS - ti5( ~ t! tfi (w.¡S ¡¿.¡¡.7 (JríT !fY-,f') í OO( h"V. <¡;'~77; I anager eVlew: .' . '/ " 1(l()-S17f·~ç.?t - f::,(.~Y(W-fSf¡¿-rre¡ LC¿(~7>'N)""7P'\~ "iA7'!¡ '> .- Appmvedfo'3genda: ~O . I tfir-$v SIMf" II~ S/>:V7 r .tZ¡L, , Hold Until: t . Agenda Coordinator Review: . Received: Placed on Agenda: Action: Approved/Disapproved /agenda.doc Memorandum To: David T. Harden, City Manager From: Howard wight, Dep Dir Construction Di Date: October 8, 1996 Re: Atlantic Ave / Miramar Drive Storm Water Pump Station - Project 95-30 Final Closeout Change Order and Payment Request Attached for Commission approval is an agenda request for closeout Change Order #3 to Molloy Brothers, Inc. on the above referenced Project. Change Order #3 encompasses the final Contract plus/minus as-built quantity adjustments; utility adjustments/relocations and modifications to the drainage outfall flapgates. It also includes adjustments to Contract Additions (C.O. 1-2) for the sanitary sewer removal replacement on SW 2nd St. Change Order #3 is for a net add of $13,966.86. Also attached for Commission approval is an agenda request for final payment to Molloy Brothers, Inc. in the amount of $111,515.41· A Contractor Evaluation is attached for your review. Funding Sources are 442-5178-536-61.78 W/S R & R Water Distribution Improvements for $8,687.73; and 442-5178-536-61.84 W/S R & R Collection System for $5,279.13. File: Memo to City Manager 9530A :finalpay CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3, Final PROJECT NO. 95-30 DATE: PROJECT TITLE: Atlantic A venue I Miramar Drive Stormwater Pump Station TO CONTRACTOR: Molloy Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final PluslMinus As-built Quantity Adjustment per Schedule "A" Attached SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $727,955.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 22,800.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $776,425.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 13,966.86 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $790,391.86 PER CENT INCREASE THIS CHANGE ORDER 1.9% TOTAL PER CENT INCREASE TO DATE 8.6% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Molloy Brothers, Inc. Funding Source: 442-5178-536-61.78 W/S R& R Water Distribution Improvements for $8,687.73; and 442-5178-536-61.84 W/S R & R Collection System for $5,279.13 DELLRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: William H. Greenwood, Director Jay Alperin, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk ATLANTIC A VENUE/MIRAMAR DRIVE ~D STORMW ATER PUMP STATION AND DRAINAGE IMPROVEMENTS PROJECT NO. 95-030 5 cflE/J/) ú ~A /, NO. DESCRIPTION UNIT CONTRACT UNIT PRICE TOTAL PRICE AS-BUILT UNIT PRICE TOTAL PRICE QTY. QTY. I Site mobilization LS I S30,000.00 $30,000.00 I $30,000.00 $30.000.00 2 Maintenance of traffic LS 1 S5,OOO.00 S5,OOO.00 1 S5,OOO.00 S5,OOO.00 3 Clearing and grubbing LS 1 515,000.00 SI5.000.00 I SI5,OOO.00 SI5,OOO.00 4 Pavement removal SY 4.100 $2.50 510,250.00 4.217 $2.50 S10,542.50 5 Demucking CY 5,500 51.00 55.500.00 2,538 S1.00 $2.538.00 6 Grading LS 1 S8,OOO.00 S8,OOO.00 1 S8,OOO.00 S8.000.00 7 15" RCP drainage pipe LF 97 S50.00 $4,850.00 84 550.00 $4,200.00 8 3D" CMF removal LF 48 S85.00 $4,080.00 48 S85.00 $4,080.00 9 24" RCP drainage pipe LF 24 $70.00 51,680.00 28 $70.00 SI,960.00 10 36" RCP drainage pipe LF 353 SI25.oo $44,125.00 369 S125.00 $46.125.00 1\ 42" RCP drainage pipe LF 300 S14O.00 $42,000.00 297 S140.00 $41.580.00 12 54-Inch drainage pipe LF 487 $200.00 S97,400.00 512 $200.00 SI02,400.00 13 StOImwater MH (12-14) Type J7 (6'x6') EA 2 $7,000.00 SI4,000.00 2 S7,OOO.00 SI4,OOO.00 14 StOImwater MH (8-10) Type 17 (6'x6') EA I $6,000.00 S6,OOO.00 I S6,OOO.00 S6.000.00 15 StoImwater MH (6-8) Type 17 (6'x6') EA I $3,500.00 $3,500.00 1 $3,500.00 $3,500.00 16 Type "C" inlet wlUSF 5130 frame & grate EA 2 51,500.00 S3,OOO.00 2 SI,500.00 53.000.00 17 12" Compacted subgrade (98%, T -180) SY 4.000 $2.00 S8,OOO.00 4,005 $2.00 58.010.00 18 12" Limerock base SY 4.000 S1\.50 $46,000.00 3,949 SI1.50 $45,413.50 19 1 'h" Type S-Ill asphalt (2 lifts) SY 4.000 $3.95 S15,800.00 3,228 $3.95 SI2, 750.60 19b I W' Type S-III asphalt. 1st lift Venetian SY 0 51.98 SO.OO 615 S1.98 51,217.70 20 1 W' Type S-III asphalt overlay TN 150 $45.00 $6,750.00 52 $45.00 52,340.00 21 Plug existing 30" culvert EA I S750.00 S750.00 I 5750.00 S750.00 22 Grout existing 30" CMF outfall LF 90 $20.00 SI,800.00 0 $20.00 SO.OO 23 Type "D" curb LF 900 S9.00 S8,100.00 878 S9.00 $7,902.00 24 Pavement marking stop bars (!henno) EA 4 585.00 5340.00 3 585.00 5255.00 25 Double 4" striping parking stalls (paint) LF 55 $4.00 $220.00 85 $4.00 $340.00 26 Car stops EA 40 S15.00 S600.00 85 S15.00 SI.275.00 27 Misc. 4"line (!henno) MacFarlane LF 200 $4.00 S800.00 0 $4.00 SO.OO 28 Venetian Drive striping LS I 52,500.00 S2,500.00 0 $2,500.00 SO.OO 29 Sod (floritam) SY 1.000 S2.50 $2,500.00 1.384 $2.50 S3.460.00 30 Seagrape replacement 6' high min. EA 77 $75.00 S5,775.00 77 $75.00 S5,775.00 31 Concrete sidewalk SF 450 $2.00 S900.00 275 $2.00 S550.00 32 Stormwater pump station installation LS 1 5157,500.00 S157,500.00 I 5157,500.00 $157,500.00 33 Installation of pump and controls . LS I $23,100.00 $23,100.00 1 $23,100.00 . $23,100.00 34 Flap valve 42" outfall EA 1 56,000.00 $6,000.00 I $6.000.00 $6.000.00 - Stainless Stl Hardwan: & Epoxy - 42" Flap 0 S714.15 SO.OO 1 $714.15 $714.15 35 24" Drainage force main (C-900) LF 900 S80.00 $72,000.00 879 S80.00 $70,320.00 36 Flap valve 24" outfall EA 3 $3,500.00 SIO,500.00 3 53.500.00 S10,500.00 - Outfall Flap Gate Modifications· 24 "Flap EA 0 SI,968.69 SO.OO 3 SI.968.69 S5,906.07 37 Channel excavation & rubble rip-rap LS I $3,000.00 S3,OOO.00 I $3,000.00 $3.000.00 38 Ajust water valve boxes EA 7 S100.00 $700.00 2 SIOO.OO $200.00 39 Tie-in to existing water line EA 2 SI,500.00 $3,000.00 2 SI.500.00 $3,000.00 40 8" Gate valve EA I S550.00 $550.00 2 S550.00 SI.100.00 41 Fire hydrant relocation EA 1 S1,OOO.00 SI,OOO.OO I SI,OOO.OO 51,000.00 - Fumiah New Fire Hydrant / 6" Valve EA 0 SI,081.87 SO.OO I SI.081.87 SI,081.87 - Extend and Offset Fire Hydrant EA 0 51,2111.115 SO.OO I 51.2111.85 51.2111.115 42 8" C-900 PVC water main w/fittings LF 80 S60.00 $4.800.00 80 S60.00 $4.800.00 43 Removal of existing water line pipe LS I SI.500.00 SI,500.00 I SI,500.00 SI.500.00 44 2" Backtlow preventer EA I S900.00 S900.00 I S900.00 S900.00 45 Relocate existing water service LS 1 S500.00 S500.00 I S500.00 S500.00 46 Seawall LF 40 S650.00 $26.000.00 40 S650.00 S26,OOO.00 47 Permanent sheet piling LF 0 S175.00 SO.OO 0 S175.00 SO.OO Page 1 10/10/96 ATLANTIC A VENUE/MIRAMAR DRIVE (~ STORMWATER PUMP STATION AND DRAINAGE IMPROVEMENTS PROJECT NO. 95-030 NO. DESCRIPTION UNIT CONTRACT UNIT PRICE TOTAL PRICE AS-BUILT UNIT PRICE TOTAL PRICE QTY. QTY. 48 Dumpster (w/enclosun:) relocation LS I SI,500.00 SI,500.00 1 SI,500.00 SI.500.00 49 Guardrail w/flarcd end sections LF 25 $75.00 SI,875.00 30 $75.00 $2.,250.00 50 Case II reflectors EA 2 S175.00 $350.00 4 S175.00 $700.00 51 Tie-in existing inlets EA 3 S500.00 SI.500.00 4 S500.00 $2.,000.00 52 Plug existing sanitary invert EA 1 S500.00 S500.00 1 S500.00 S500.00 53 AM and _ valve LS 1 S5.750.00 S5,750.00 1 S5,750.00 S5.750.00 54 Replace existing sanitary sewer service EA 2 S950.00 SI,900.00 2 S950.00 SI,900.00 55 Adjust existing san. sewer MH ring &. cover EA 2 SIS0.00 $300.00 2 SIS0.00 $300.00 - Adjust SB Manhole at MiramarlMacfarlane EA 0 $495.00 SO.OO 1 $495.00 $495.00 56 Video recording allowance 18 1 S500.00 S500.00 0.26 S500.00 SI29.00 57 Utility allowance: 18 1 $7.500.00 $7,500.00 0 $7,500.00 SO.OO - Install Linestop- Macfarlane EA 0 $4,427.00 SO.OO I $4,427.00 $4.427.00 - Offset Gu Main - Macfarlane EA 0 S2,879.75 SO.OO 1 $2.,879.75 $2.,879.75 - Offset Telephone - Macfarlane EA 0 SI,711.74 SO.OO 1 SI,711.74 SI.711.74 - Utility Location / Traffic Maintenance EA 0 SI,975.00 SO.OO 1 SI,975.00 SI,975.00 - Mise 950 Loader Rental EA 0 S3.810.00 SO.OO I $3,810.00 $3.810.00 58 Indemnification LS 1 S10.00 S10.00 1 S10.00 S10.00 - Change Order #1 - 12" VCP SW2nd St Mobilization and Traffic Maintenance L5 1 SI,600.00 SI,600.00 1 SI,600.00 SI,600.00 Remove Exist 12" VCPI Inst 12" C-900 LF 168 S75.00 SI2,600.00 168 $75.00 SI2,600.00 Service Lateral Replacement EA 1 S500.00 S500.00 0 S500.00 SO.OO Tie-in to Existing Manhole EA 2 $750.00 SI,500.00 2 S750.00 SI.500.00 Roadway Restoration SY 250 $23.00 S5,750.00 250 $23.00 S5,750.00 5wale Grading / Sprinkler Repair LS I S850.00 S850.00 I S850.00 S850.00 - Change Order #2 - 12" VCP SW2nd 5t Mobilization and Traffic Maintenance 15 1 $1.600.00 SI,600.00 I SI,600.00 $1,600.00 Manhole (lO' Depth EA 1 $2.,450.00 $2.,450.00 1 $2.,450.00 $2.,450.00 Drop Manhole (10' Depth) EA 1 $2.,950.00 $2.,950.00 1 $2.,950.00 $'2.950.00 Remove Exist 12" VCP/ Inst 12" C-900 LF 161 $75.00 S12,075.00 161 $75.00 SI2.075.00 Service Lateral Replacement EA 2 S500.00 SI,OOO.OO 0 S500.00 SO.OO Tie-in to Existing Manhole EA 0 S750.00 SO.OO 8 $750.00 S6,000.00 Roadway Restoration SY 215 $23.00 $4.945.00 215 $23.00 $4,945.00 Swale Grading / Sprinkler Repair 15 1 $650.00 S650.00 1 S650.00 S650.00 Clean and TV Video Existing Sewer 18 0 $779.13 SO.OO I $779.13 $779.13 TOTALS $776.425.00 $790,391.86 Page 2 10/1 0/96 Atlantic Avenue I Miramar Drive Stormwater Pump Station and Drainage Improvements PROJECT NO. 95-30 CONTRACTOR: Molloy Bros., Inc. 800 N.W. 27 Ave. Ft. Laud. Fl. 33311 Date: 9/23/96 ORIGINAL CONTRCT SUM $ 727,955.00 CHANGE ORDERS $ 62,436.86 TOTAL TO DATE $ 790,391.86 TOTAL COMPLETE TO DATE $ 790,391.86 Retainage $ - TOTAL LESS RETAINAGE $ 790,391.86 TOTAL PREVIOUS PAYMENTS $ 678,876.3' CURRENT PAYMENT DUE $ 111,515.4fP BALANCE INCL. RETAINAGE $ - AMOUNT CERTIFIED $ 790,391.86 Molloy Bros., Inc. City of Delray Beach, Envr. Servo Dept. 800 N,W. 27 Ave. Ft. Laud. FI. 33311 434 So. Swinton Ave. Delray Beach Fl. 33444 Att: Howard Wight SIGNED: SIGNED: BY: Thomas W. Molloy Pres. BY: DATE: DATE: · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [71'-'"1 SUBJECT: AGENDA ITEM # g.f-. - MEETING OF OCTOBER 15, 1996 CLOSEOUT CHANGE ORDER NO. 9 AND FINAL PAYMENT/MOLLOY BROTHERS, INC. DATE: OCTOBER 11, 1996 This is before the Commission to approve Closeout Change Order No. 9 in the amount of $30,875.28 and final paYment in the amount of $56,585.27 to Molloy Brothers, Inc. for completion of the Northwest/Northeast Street Reconstruction and Utility Improve- ments project. Change Order No. 9 includes adjustments to Contract Addition Nos. 1-8 such as Alley Block 12 paving, Veterans Park paving and utility modifications, DelAire manhole replacement, Andrews Avenue water main extension, storm drainage and swale grading on Seacrest Circle, N.W. 13th and N.W. 17th Streets, asphalt resurfacing, and fire hydrant installations. Recommend approval of Closeout Change Order No. 9 and final payment to Molloy Brothers, Inc. Funding is available from Renewal and Replacement - Manhole Rehabilitation Account No. 442-5178-536-61.84 ($9,605.27) ; Decade of Excellence - Streets Phase II Account No. 228-3162-541-61.19 ($31,980.00) i and Renewal and Replacement - Other Improvements Account No. 442-5178-536- 63.90 ($15,000.00) . ¿- Agenda Item No.: {t- AGENDA REQUEST Date: October 8. 1996 Request to be placed on: _ Regular Agenda _ Special Agenda _ Workshop Agenda When: October 15.1996 Description of item (who, what, where, how much) Staff request commission approval for agenda request for Closeout Change Order #9 to the Street Reconstruction and Utility Improvements - Project 92-06. Change Order #9 encompasses the fmal plus/minus as-built adjustments to the Contract for Street Reconstruction and Utility Improvements in the Northwest and Northeast sections of the City. It also includes as-built adjustments to Contract Additions (C.O. 1-8) such as Alley Block 12 Paving: Veterans Park Paving/Utility Modifications: Del Aire Manhole Replacement: Andrews Avenue Water Main Extension: Stonn Drainage/Swale Grading on NW 13th. NW 17th and Seacrest Circle: asphalt resurfacing: and fire hydrant installations. Change Order #9 is for a net add amount of$30.875.28. Also staffrequest Commission approval for final payment to Molloy Brothers. Inc. in the amount of $56.585.27 for the above referenced project. A Contractor Evaluation is attached for review. Funding sources for this proiect are Account No. 228-3162-541-61.19 DOE Street Reconstruction PH II for $15.875.27 and 442-5178-536-63.90 W/S R & R Other Improvements for $6.000.00 and W/S R & R Other Improvements for $9.000.00. ORDINANCElRESOWTlON REQUIRED: YEii]y DRAFT A IT ACHED YEQ Department Head Signature: Detennination of Consistency with Comprehensive Pan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available @NO . ~ Funding alternatives (,4 (if applicable) Ifl(") '-SI 7J-.n,-,/ ~(I¡¡t s, 12411../ fl/YlUlrLlV 'll£;ç:) 7 Account No. & Description '22 - 3f{, ~ - ,?l(I- (, 1/ '7 Å;7.,¡.Æ:- .I ìtk7.E' IV JL ~ 3/ 7 k{!.(fv Account Balance '31, '1 &v n.> , L(t(')..-·t;77S'-'Y's¿-{'J. 'ió(u"tS( l!~ ôT/2- //v\p) 6/7;"~·o.e.c City Manager Review: "*2/'O/17Z,':':' <;b $Sç.). 7 ~'l / (jÇ..;:;{~ /o/rofìr. ' Approved for agenda: E . 0 t {"-' J Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved /agenda.doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction ~~on Date: October 8, 1996 Re: Street Reconstruction and Utility Improvements - Project 92-06 Final Closeout Change Order and Payment Request Attached for Commission approval is an agenda request for closeout Change Order #9 to Molloy Brothers, Inc. on the above referenced Project. Change Order #9 encompasses the final plus/minus as-built quantity adjustments to the Contract for Street Reconstruction and utility Improvements in the Northwest and Northeast sections of the City. It also includes as-built adjustments to Contract Additions (C.O. 1-8 ) such as Alley Block 12 Paving; Veterans Park Paving/Utility Modifications; Del Aire Manhole Replacement; Andrews Ave Water Main Extension; Storm Drainage/Swale Grading on NW 13th, NW 17th and Seacrest Cr; asphalt resurfacing; and fire hydrant installations. Change Order #9 is for a net add of $30,875.28. Also attached for Commission approval is an agenda request for final payment to Molloy Brothers, Inc. in the amount of $56,585.27. A Contractor Evaluation is attached for your review. Funding Sources are 228-3162-541-61.19 DOE Street Reconstruction PH II for $15,875.27; and 442-5178-536-63.90 W/S R & R Other Improvements for $6,000.00; and W/S R&R Other Improvements for $9,000.00. File: Memo to City Manager 9206A :finalpay CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #9 PROJECT NO. 92-06 DATE: PROJECT TITLE: Street Reconstruction and Utility Improvements TO CONTRACTOR: Molloy Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final plus/minus as-built adjustments per attached ~Schedu1e An. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,025,935.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 234,612.25 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,260,547.25 COST OF CONSTRUCTION CHANGES THIS ORDER $ 30,874.28 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,291,422.53 PER CENT INCREASE THIS CHANGE ORDER +3.13% TOTAL PER CENT INCREASE TO DATE +26% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. MOLLY BROTHERS, INCORPORATED (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Funding Sources: 228-3162-541-61.19 DOE Street Reconstruction PH II for $15,875.27 and 442-5178-536-63.90 w/S R & R Other Improvements for $6,000.00, and W/S R & R Other Improvements for $9,000.00. DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By William H. Greenwood, Director Jay Alperin, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk 5 LH 60 U Lt \1 A II (I) CITY OF DELRA Y BEACH STREET RECONSTRUCTION & UTILITY IMPROVEMENTS PROJECT NO. 92-06 CONTRACTOR: Molloy Bros., Inc. 800 N.W. 27 Ave. Ft. Laud. Fl. 33311 Date: I 9/23/96 Contract Items Estimated Unit Total Est. Used To Cost To Quantity Price Price Date Date 1. Maint of Traffic 1 $ 10,000.00 $ 10,000.00 1 $ 10,000.00 2. Clear & Grub 1 $ 20,000.00 $ 20,000.00 1 $ 20,000.00 -. Add1 PavtlCurb Removal NE 14 StI3rd Ave o $ 2,500.00 $ . 1 $ 2,500.00 3. Remove Pavement 1 $ 20,000.00 $ 20,000.00 1 $ 20,000.00 4. Const. 1.5" Asphalt 9400 $ 9.65 $ 90,110.00 8364 $ 80,112.60 5. Const. 1" level Course 1800 $ 31.00 $ 66,600.00 2124.64 $ 100,811.68 6. Pavement Repair 6000 $ 1.00 $ 42.000.00 1725 $ 54,015.00 1. Overlay Drive 1" 1000 $ 4.00 $ 4,000.00 151 $ 628.00 8. Drive Incl. Umerock Base I 1050 $ 10.00 $ 10,500.00 2495 $ 24,950.00 9. 6" Concrete Drive 700 $ 23.00 $ 16,100.00 508 $ 11,684.00 10. Repair Gravel Drive 120 $ 10.00 $ 1,200.00 118 $ 1,180.00 11. Repair Brick Drive I 15 $ 15.00 S 225.00 57 $ 855.00 12. 2' Valley Gutter 3100 $ 7.50 $ 23,250.00 2715 $ 20,362.50 13. Type "D" Curb 230 $ 6.00 $ 1,380.00 747 $ 4,482.00 14. Header Curb I 60 $ 6.00 $ 360.00 45 $ 210.00 15. Concrete Sidewalk 4400 $ 1.15 $ 1,700.00 2150 $ 3,762.50 16. Concrete Apron for Inlet I 9 $ 100.00 $ 900.00 9 $ 900.00 17.4" Double Stripe WI RPMs 2000 $ 0.50 $ 1,000.00 2680 $ 1,340.00 18.24" Stop Bar 40 $ 20.00 $ 800.00 71 $ 1,420.00 -. RIR X Thenno N.E. 14 St. $ 195.50 $ . 1 $ 195.50 19. Adjust Valve Box 15 $ 150.00 $ 2,250.00 o $ - 20. Adjust Man Hole Cover 30 $ 150.00 $ 4,500.00 24 $ 3,600.00 21. Adjust Inlet Grate 10 $ 150.00 $ 1,500.00 4 $ 600.00 22. 6" Stab. Shoulder 10500 $ 1.00 $ 10,500.00 2000 $ 2,000.00 23. Grade Swales 1 $ 20,000.00 $ 20,000.00 1 $ 20,000.00 24. Const. Retention Area 1 $ 10,000.00 $ 10,000.00 1 $ 10,000.00 25. Install Sod 17754.67 $ 1.50 $ 26,632.01 11154.61 $ 26,632.01 26. Type "C" Inlet WIApron 12 $ 1,250.00 $ 15,000.00 10 $ 12,500.00 27. Type "E" Inlet WI Apron 1 $ 2,500.00 $ 2,500.00 1 $ 2,500.00 28. 4' Conflict Manhole 1 $ 2,500.00 $ 2,500.00 1 $ 2,500.00 29. Mitered End Section 1 $ 1,500.00 $ 1,500.00 o $ - 30. 15" Concrete Pipe 40 $ 30.00 $ 1,200.00 65 $ 1,950.00 31. 18" Concrete Pipe 450 $ 35.00 $ 15,750.00 452 S 15,820.00 32. 24" Slotted RCP WI Drain 230 $ 50.00 $ 11,500.00 151 $ 7,550.00 33. Core Drain Structure 1 $ 500.00 $ 500.00 1 $ 500.00 34. Clean I Flush Drain I 1 $ 4,000.00 $ 4,000.00 1 $ 4,000.00 35.6" CI. 52 D.I.P. 850 $ 24.00 $ 20,400.00 1536 $ 36,864.00 36. 8" CI. 52 D.I.P. 5500 $ 27.00 $ 148,500.00 4459 $ 120,393.00 37.6" Gate Valve 8 $ 400.00 $ 3,200.00 7 $ 2,800.00 38. 8" Gate Valve 30 $ 500.00 $ 15,000.00 22 $ 11,000.00 39. 6"X6" Tap & Valve 10 $ 1,200.00 $ 12,000.00 6 $ 7,200.00 40. 16"X8" Tap & Valve 2 $ 3,900.00 $ 7,800.00 2 $ 7,800.00 41. Relocate Fire Hydrant 2 $ 1,500.00 $ 3,000.00 4 $ 6,000.00 42. Fire Hydrant Assembly 18 $ 1.700.00 $ 30,600.00 18 $ 30,600.00 42a.Fire Hydrant AssemblyfTap Sleeve & Valve o S 3,000.00 $ - 6 $ 18.000.00 43. Fill & Flush Connection 8 $ 1,200.00 $ 9,600.00 8 $ 9.600.00 (1) CITY OF DELRAY BEACH STREET RECONSTRUCTION & UTILITY IMPROVEMENTS PROJECT NO. 92-06 CONTRACTOR: Molloy Bros., Inc. 800 N.W. 27 Ave. Ft. Laud. Fl. 33311 Date: I 9/23/96 Contract Items Estimated Unit Total Est. Used To Cost To Quantity Price Price Date Date 44. Bac. T. Sample Point 15 $ 150.00 $ 2,250.00 11 $ 1,650.00 45. 1- Single Water Servo 65 $ 250.00 $ 16,250.00 71 $ 17,750.00 46. 1.5- Double Water Servo 10 $ 400.00 $ 4.000.00 5 $ 2,000.00 -. Service Hook Ups $ 200.34 $ - 81 $ 16,227.54 -. 16-x1.5- Water Serv 2Av $ 845.00 $ - 5 $ 4,225.00 47. Customer Water Servo 3000 $ 3.00 $ 9.000.00 500 $ 1,500.00 48. Water Meter Box 25 $ 75.00 $ 1,875.00 12 $ 900.00 49. 2- Jumper Connection 10 $ 500.00 $ 5,000.00 8 $ 4,000.00 50. Blow Off Assembly 1 $ 750.00 $ 750.00 3 $ 2,250.00 51. Plug Water Main 15 $ 375.00 $ 5,625.00 10 $ 3,750.00 52. Manhole 0' - 6' 5 $ 1,000.00 $ 5,000.00 3 $ 3,000.00 53. Manhole 6' . 8' 3 $ 1,500.00 $ 4,500.00 2 $ 3,000.00 54. Drop Manhole 6' - 8' 2 $ 4.000.00 $ 8,000.00 2 $ 8,000.00 55. 8- PVC Sewer O' . 6' 4300 $ 15.00 $ 64,500.00 3537 $ 53,055.00 56. 8- PVC Sewer 6' . 8' 2800 $ 17.00 $ 47,600.00 2202 $ 37,434.00 57.8- PVC Sewer 8' . 10' 450 $ 25.00 I $ 11,250.00 o $ . 58. 8- DIP Sewer O' . 6' 100 $ 17.00 $ 1,700.00 50 $ 850.00 59. S- DIP Sewer 6' . 8' 30 $ 20.00 I $ 600.00 30 $ 600.00 60. Sewer Servo WI Clean out 125 $ 500.00 $ 62.500.00 86 $ 43,000.00 61. 10- CI. 52 DIP Force Main 60 $ 75.00 $ 4,500.00 o $ - 62. Utility Allowance 1 $ 25,000.00 $ 25,000.00 o $ . a. 4- Unestop N.W. 9th St o $ 3,200.00 $ · 1 $ 3,200.00 b. Repair 4- WM N.W. 9th St o $ 951.63 $ - 1 $ 951.63 C. Offset 8- WM @NW 9th St/2nd St o $ 2,600.32 $ - 1 $ 2,600.32 d. Offset 8- WM @Swinton Cr o $ 1,985.00 $ · 3 $ 5,955.00 e. FM Interconnect SE 1st StI7th Ave o $ 3,480.00 $ - 1 $ 3,480.00 f. Repl Sewer ServlWye on Exist Main o $ 1,200.00 $ - 12 $ 14,400.00 g. NE 14 St/3rd Ave 18- RCP conflict w/10"WM o $ 3,950.00 $ · 1 $ 3,950.00 h. Mod DrainStruct 13A - Conflict w/existing o $ 662.00 $ · 1 $ 662.00 i. Mod DrainStruct 12 . Conflict w/existing o $ 1,324.00 $ · 1 $ 1,324.00 j. Mod DrainStruct 9 . Conflict w/existing o $ 1,324.00 $ · 1 $ 1,324.00 k. Mod DrainStruct 11 . Conflict w/existing o $ 662.00 $ · 1 $ 662.00 I. 4- PVC Sleeves NE 14th St/3rd Ave o $ 2,220.00 $ · 1 $ 2,220.00 m. Sprinkler System, Repair/Replace o $ 23,120.34 $ · 1 $ 23,120.34 n. Street Lighting, Repair/Replace o $ 2,211.08 $ - 1 $ 2,211.08 o. Excavation, Ocean Outflall Atlantic Ave/Intracoastal o $ 585.59 $ · 1 $ 585.59 p. Water Main Location Swinton Ave/Swinton Cr o $ 147.50 $ · 1 $ 147.50 63. Testing Allowance 1 $ 12,000.00 $ 12,000.00 0.75 $ 9,010.00 64. Video Allowance 1 $ 3.000.00 $ 3,000.00 0.42 $ 1,260.00 65. Indemnification 1 $ 10.00 $ 10.00 1 $ 10.00 Change Order No.1. Alley Blk 12 1. Mobilization 1 $ 900.00 $ 900.00 1 $ 900.00 2. Clearing and Grubbing 1 $ 1,500.00 $ 1.500.00 1 $ 1,500.00 3. 12- Compacted Subgrade 530 $ 3.00 $ 1.590.00 530 $ 1,590.00 4. 8- Limerock Base 450 $ 7.50 $ 3,375.00 450 $ 3.375.00 5. 1 1/2" Type S·IIJ Asphalt 450 $ 6.00 $ 2,700.00 450 $ 2,700.00 6.1" Type S-III Overlay 110 $ 4.00 $ 440.00 110 $ 440.00 ll) CITY OF DELRA Y BEACH STREET RECONSTRUCTION & UTJUTY IMPROVEMENTS PROJECT NO. 92-06 CONTRACTOR: Molloy Bros., Inc. SOD N.W. 27 Ave. Ft. Laud. FI. 33311 Date: I 9/23/96 Contract Items Estimated Unit Total Est. Used To Cost To Quantity Price Price Date Date 7. Valley Gutter Curb 365 $ 16.00 $ 5,840.00 365 $ 5,840.00 S. Concrete Apron 1 $ 300.00 $ 300.00 1 $ 300.00 9. Furnish and Install Sod 200 $ 1.50 $ 300.00 200 $ 300.00 Change Order No.2· Vet Pk 1. Mobilization 1 $ 900.00 $ 900.00 1 $ 900.00 3. 12" Compacted Subgrade 425 $ 3.00 $ 1,275.00 425 $ 1,275.00 3. Sawcut Existing Pavement 250 $ 0.50 $ 125.00 50 $ 25.00 4. S" Umerock Base 425 $ 7.50 $ 3,187.50 425 $ 3,187.50 5. 1 1/2" Type S-III Asphalt 400 $ 6.00 $ 2,400.00 400 $ 2,400.00 6. 1" Type S-III Overlay 75 $ 37.00 $ 2,775.00 75 $ 2,775.00 7. Adjust MH Ring and Cover 3 $ 150.00 $ 450.00 3 $ 450.00 S. Furnish and Install Type D Curb 300 $ 12.00 $ 3,600.00 126 $ 1,512.00 9. Wheel Stops 20 $ 15.00 $ 300.00 15 $ 225.00 10. Remove/Replace Sidewalk 1 $ 500.00 $ 500.00 1 $ 500.00 11. Remove Existing Fence 1 $ 405.00 $ 405.00 1 $ 405.00 12. Install New Fence per Plan 1 $ 2,875.00 $ 2,875.00 1 $ 2.875.00 13. Striping per Plans 1 $ 900.00 $ 900.00 1 $ 900.00 14. Handicapped Signs/logo 2 $ 1i5.00 $ 350.00 2 $ 350.00 -. Furnllnst 24" Flange Cap @ LSt¡¡tion Demolition o $ 810.64 $ - 1 $ 810.64 -, Remove Vault Conflict - Vet Pk II o $ 831.00 $ . 1 $ 831.00 -. Furnllnst Top/Hatch San - NE 1st o $ 2,375.00 $ - 1 $ 2.375.00 -. Rem Fill Seawall Repair o $ 947.84 $ - 1 $ 947.84 -, San Svc Rambling Rose o $ 1,500.00 $ - 1 $ 1,500.00 Change Order No.3. Del Aire Blvd Replacement 1 $ 8,850.00 $ 8,850.00 1 $ 8,850.00 Change Order No.4 - Sanitary Sewer NE 1st (Vet Pk) 1 $ 9,490.00 $ 9,490.00 1 $ 9,490.00 Change Order No.5 - Andrews Ave WM 1. Maintenance of Traffic 1 $ 4,500.00 $ 4,500.00 1 $ 4,500.00 -. Pavement Removal in Swales 1800 $ 0.25 $ 450.00 o $ - -. Furnllnstall12" C-900 PVC Water Main 1960 $ 49.25 $ 96,530.00 1894 $ 93,279.50 -. Furnllnstall12" CI 52 Water Main 40 $ 51.65 $ 2.066.00 40 $ 2.066.00 -. Furn/lnstall Polywrap for 12" DIP 40 $ 2.00 $ 80.00 40 $ 80.00 -. Furnllnstall 8" C-900 PVC Water Main 60 $ 42.75 $ 2.565.00 24 $ 1.026.00 -. Furnllnstall 6" C-900 PVC Water Main 25 $ 42.25 $ 1,056.25 8 $ 338.00 43. Fill and Flush 1 $ 1,200.00 $ 1,200.00 1 $ 1,200.00 -. 12" Gate Valve 2 $ 1,200.00 $ 2.400.00 2 $ 2,400.00 37.6" Gate Valve o $ 400.00 $ - 1 $ 400.00 38. 8" Gate Valve 4 $ 500.00 $ 2.000.00 3 $ 1,500.00 -, 6" x 6" Tapping Sleeve and Valve o $ 1,200.00 $ - 1 $ 1,200.00 -. 6" x 10" Tapping Sleeve and Valve 1 $ 2.500.00 $ 2,500.00 1 $ 2,500.00 -. 12" x 12" Tapping Sleeve and Valve 1 $ 2.900.00 $ 2.900.00 1 $ 2.900.00 -. 8" x 8" Tapping Sleeve and Valve 3 $ 2.000.00 $ 6.000.00 3 $ 6.000.00 44. Sample Points 5 $ 250.00 $ 1,250.00 5 $ 1,250.00 42. Furnllnstall Fire Hydrant Assembly 1 $ 1,700.00 $ 1,700.00 1 $ 1,700.00 -. 8" DIP (0-6) Sanitary Sewer @ Water Main X-ing 40 $ 50.00 $ 2.000.00 20 $ 1,000.00 25. Furn/lnstall Sod 1000 $ 1.50 $ 1,500.00 500 $ 750.00 3. Removal of Existing Pavement over Trench 2085 $ 3.00 $ 6,255.00 1960 $ 5.880.00 6. Open Cut Pavement Repair 2085 $ 8.50 $ 17,722.50 1960 $ 16,660.00 (4) CITY OF DELRA Y BEACH STREET RECONSTRUCTION & UTIUTY IMPROVEMENTS PROJECT NO. 92-06 CONTRACTOR: Molloy Bros., Inc. 800 N.W. 27 Ave. Ft. Laud. FI. 33311 Date: 9/23/96 Contract Items Estimated Unit Total Est. Used To Cost To Quantity Price Price Date Date 9. 6" Concrete Driveways 30 $ 23.00 $ 690.00 o $ · 8. Construct Type S-III Asphalt Drive, Incl Limerock 112 $ 10.00 $ 1,120.00 o $ · 11. Repair Brick Driveways 15 $ 15.00 $ 225.00 o $ · 64. Video Allowance 1 $ 250.00 $ 250.00 o $ · -. 1" Type S-III Asphalt Leveling/Overlay 325 $ 37.00 $ 12,025.00 325 $ 12,025.00 Change Order No.6· Delay Swinton Cr Start 1 $ . $ · 1 $ · Change Order No.7· Vet Pk 16" San Swr Bypass 1 $ 10,300.00 $ 10,300.00 1 $ 10,300.00 Change Order No.8 I. Outfall Mod - N.W. 13th St. 1 $ 4,875.00 $ 4,875.00 1 $ 4,875.00 II. Add Stonn N.W. 17 St 1. Maint of Traffic 1 $ 500.00 $ 500.00 1 $ 500.00 2. Clear & Grub 1 $ 1,200.00 $ 1,200.00 1 $ 1,200.00 3. Remove Pavement 1 $ 1,100.00 $ 1,100.00 1 $ 1,100.00 6. Pavement Repair 379 $ 7.00 $ 2,653.00 280 $ 1,960.00 8. Asphalt Driveway 20 $ 10.00 $ 200.00 105 $ 1,050.00 9. 6" Concrete Driveway 30 $ 23.00 $ 690.00 30 $ 690.00 10. Concret Inlet Apron 4 $ 23.00 $ 92.00 o $ · 23. Grade Swales N.W. 4th Ave 1 $ 1,500.00 $ 1,500.00 1 $ 1,500.00 25. Install Sod 450 $ 1.50 $ 675.00 450 $ 675.00 26. Type C Inlet 4 $ 1,250.00 $ 5,000.00 4 $ 5,000.00 31. 18" RCP 227 $ 35.00 $ 7,945.00 227 $ 7,945.00 -. 18" Slotted RCP 162 $ 49.00 $ 7,938.00 150 $ 7,350.00 1. Maint of Traffic o $ 285.00 $ · 1 $ 285.00 2. Clear & Grub o $ 2.75 $ · 290 $ 797.50 3. Remove Pavement o $ 4.25 $ · 360 $ 1,530.00 23. Grade Swales o $ 1.50 $ · 650 $ 975.00 25. Install Sod o $ 2.65 $ · 650 $ 1,722.50 -. Landscaping o $ 1,155.26 $ - 1 $ 1,155.26 -. Swale Grading/Sodding Seacrest Cr Maintenance of Traffic o $ 570.00 $ · 1 $ 570.00 Clearing and Grubbing o $ 2.75 $ - 1038 $ 2,854.50 Pavement Removal o $ 4.25 $ · 573 $ 2,435.25 Grade Swales o $ 1.50 $ · 1611 $ 2,416.50 Install Sod o $ 2.65 $ - 1611 $ 4,269.15 Valley Gutter Curb @ Entrance o $ 7,855.00 $ · 1 $ 7,855.00 Sprinkler Repair o $ 1,425.60 $ - 1 $ 1,425.60 TOTALS $ 1,260,547.26 $ 1,291,422.53 - · CITY OF DELRAY BEACH STREET RECONSTRUCTION & UTILITY IMPROVEMENTS PROJECT NO. 92-06 CONTRACTOR: Molloy Bros., Inc. 800 N.W. 27 Ave. Ft. Laud. Fl. 33311 Date: 9/23/96 Contract Items Estimated Unit Total Est. Used To Cost To Quantity Price Price Date Date CHANGE ORDERS APPROVED No. Date Add 1 8/10/94 $ 16,945.00 2 8/29/94 $ 20,042.50 3 9/6/94 $ 8,850.00 4 9/13/94 $ 9,490.00 5 9/13/94 $ 168,984.15 6 2/23/95 $ - 7 1/25/95 $ 10,300.00 8 2/10/95 $ - 9 10/15/96 $ 30,815.28 Total $ 265,481.53 ORIGINAL CONTRCT SUM $ 1,025,935.00 APPROVED CHANGE ORDERS $ 265,487.53 TOTAL TO DATE $ 1,291,422.53 TOTAL COMPLETE TO DATE $ 1 ,291 ,422.53 Retainage $ - TOTAL LESS RETAINAGE $ 1,291,422.53 TOTAL PREVIOUS PAYMENTS $ 1,234,837.25 CURRENT PAYMENT DUE $ 56,585.27 BALANCE INCL. RETAINAGE $ - AMOUNT CERTIFIED $ 1,291,422.53 Molloy Bros., Inc. City of Delray Beach, Envr. Servo Dept. 800 N.W. 27 Ave. Ft. Laud. Fl. 33311 434 So. Swinton Ave. Delray Beach Fl. 33444 Att: Howard Wight SIGNED: SIGNED: BY: Thomas W. Molloy Pres. BY: DATE: DATE: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [nv'\ SUBJECT: AGENDA ITEM # F·J· - MEETING OF OCTOBER 15, 1996 CLOSEOUT CHANGE ORDER NO. 1 AND FINAL PAYMENT/RIC-MAN INTERNATIONAL, INC. DATE: OCTOBER 11, 1996 This is before the Commission to approve Closeout Change Order No. 1 in the net deduct amount of $11,423.00 and final paYment in the amount of $29,587.72 to Ric-Man International, Inc. for completion of the N.E. 7th Avenue Utility and Roadway Improve- ments project. Change Order No. 1 encompasses the final plus/minus as-built adjustments to the contract. It also includes $8,001. 34 for two air release valves/vaults which will be reimbursed by the South Central Regional Wastewater Treatment and Disposal Board. Recommend approval of Closeout Change Order No. 1 and final payment to Ric-Man International, Inc. Funding is available from the N.E. 7th Avenue Improvements (Account No. 441-5181-536- 69.19) . Agenda Item No.: r f AGENDA REQUEST Date: October 9. 1996 Request to be placed on: _ Regular Agenda _ Special Agenda _ Workshop Agenda When: October 15. 1996 Description of item (who, what, where, how much) Staff reqµest Commission ap,proval for agenda request for close-out Change Order # 1. Final to Ric-Man International. Inc. on NE 7th Avenue Utility and Roadway Improvements Proiect No. 94-49. Change Order # 1 encompasses the final plus/minus as-built adjustments to the Contract. Additionally. it includes $8.001.34 for two air release valves/vaults which will be reimbursed by the South Central Regional Wastewater Treatment and Disposal Board (see attached memo). Change Order #1 is for a net deduct of$I1.423.00. Also staff request Commission approval for final payment to Ric-Man International. Inc. in the amount of $29.587.72. A Contractor Evaluation is attached for review. If-'i./- 57J/ - f?'"f¿.. 1.'l.t7 ~. Funding source for this project is Account No. 228 3162 541 61.19- NE 7th Street Improvements. ORDINANCElRESOLUTION REQUIRED: YES® DRAFT A IT ACHED YE~ Recommendation: Staff request approval for Change Order #1 and final payment to Ric-Man International. Inc. Department Head Signature: Determination of Consistency with Comprehensive Pan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~/NO Funding alternatives A- (if applicable) Account No. & Description L{L[ Account Balance .., tJ w'6 1\/ t; "1-f1\. e City Manager Review: h:r~< (ojrù/7(, Approved for agenda:~o UV! Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir construction~~on Date: October 9, 1996 Re: NE 7th Avenue Utility and Roadway Improvements - Project 94-49 Final Closeout Change Order and Payment Request Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Ric-Man International, Inc. on the above referenced Project. Change Order #1 encompasses the final plus/minus as-built quantity adjustments to the Contract. Additionally, it includes $8,001,34 for two air release valves/vaults which will be reimbursed by the South Central Regional Wastewater Treatment and Disposal Board (see attached memo) . Change Order #1 is for a net deduct of $11,423.00. Also attached for Commission approval 1S an agenda request for final payment to Ric-Man International 1n the amount of $29,587.72. A Contractor Evaluation is/þttached for your review. '-ILf 1- ¡¡"S-I- '776 - 6 ~, I' {ÇJ.- Funding Source is '2:20 G2 541 61.19 N. E 7th st Improvements File: Memo to City Manager 9449A :finalpay CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 94-49 DATE: PROJECT TITLE: NE 7th A venue Utility and Roadway Improvements TO CONTRACTOR: Ric-Man International, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. mSTIFICATION: Final As-built Quantity Adjustments per Schedule "A" Attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $259,145.50 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $259,145.50 COST OF CONSTRUCTION CHANGES THIS ORDER -$ 11,423.00 ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $247,722.50 PER CENT DECREASE THIS CHANGE ORDER -4.4 % TOTAL PER CENT DECREASE TO DATE -4.4 % CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Ric-Man International, Inc. Funding Source: 228-3162-541-61.19 NE 7th Ave Improvements for -$11,423.00 DELLRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: William H. Greenwood, Director Jay Alperin, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk OCT-12I9-1996 1219:1213 FROM RIC-MAN INTERNATIONAL TO 15612437314 P.12I2 RIC-MAN INTERNAnoNAL, INC. 2601 N.W. 48TH STREET . POMPANO BEACH. FlORIDA 33073 DATE: SEPTEMBER 30. 199& REQUEST FOR PAYMENT , PROJECT: NE 7TH AVENUE UTILITY REQUESTlON NO: 5 - FINAL AND ROAlYtNA Y IMPROV!MI!NTS , , OWNER: CITY OF DELRAY BEACH GENTl.EMEN: , TH~ REQUeST FOR PA YMI;;NT IS FOR WORK COMPlETED ON THE ABOVE REFEREIIICED PROJli:1T FOR THE PAY PeRrOD ENDING: SEPTEMBER 30. 199$, , TOTAt.$ I I '!'HI S TO DATE ! REQUEST ONLY ¡ , AMOUNT OF ORIGINAL CONTRACT 1, $ 259.14ð~SO XXXXXXXXXXXX I APPROVED ChANGE ORDERS-INCREASI;. (DECREASED) ~. $ o.þo TOtAL. CONTRACT & APPROVED CHANGE ORDERS 3. $ 25Ø~~________________ --- --------....................---- ------- ì VALUE OF WORK PERFORMED 4. $ 241.722F 18,096.94 (peR ~EAKOOWN Al'YACHI!D) í I VAL\J!: OF MAT!RIALS STORED ON SITE ð. . OjOO 0.00 I TOTAl REQUISmONED 8. ~:..'"....=~47,722~_ 18.096.94 LESS: 0% RETAINAGE 7. $ 0100 0.00 AMOUNT EARNED TO DATE 8. $ 247,722]50 18.096.94 1.e5S: PREVIOUS APPLICATIONS 9. i (218,134178) ADO: RELEASE RETAlNAGe 11,49O.7! i AMOUNT DUE 10, $ 29.587i72 29.587,72 j BALANCE TO COMPI.ETE 11. $ 11 ,423loo I THE CONTRACTOR CERTIFIES THAT ALL M4,TERlAL5. LABOR AND SERVICES FURNISHED BY HIMtTHROUGH THE ABOVE MENTIONED PAY PERIOD HAW BEEN FULLY PAID FOR (EXCEPT AS llSTEO HeREON BELOW) AND THE PREMISESioF THE ABOVE NAMED JOB CANNOT 8f MADE SUBJECT TO AN"" VAliD LIEN OR ClAIM BY ANYONE WHO F\JRNISHEC MATERIAL, LABOR OR sel!McE5 TO THE CONTRACTOR TO USE IN SAID JOB: AND THE CONTRACTOR HEREBY RELEASI;;S THe: OWNER FROM ANY FURTHER LIAelll..!TY , IN CONNECTION WITH ALL MATERIALS. LABOR AND SERVICES FURNISHED BY THE CONTRACTO~ THROUGH THIS PAY PERIOD. THIS RELEASE IS GIVEN IN ORDER TO ìNOUCE PAYMeNT IN THE AMOUNT OF 29,587:72 AND ON ReCEIPT OF 5AID PAYMeNT BY ¡HE CONTRACTOR nus RELEASE BECOMES IN FULL fORCE I~D eFFECT. I i : , CONTRACTOR , , 8Y: , DAVID i-tt. MANCINI TITLE: PR~ID!NT DATE: se ,TEMBER 30. 1996 , I I ¡ i II Us g 8 g ~ 8 8 g g 8 8 8 g 8 8 8 8 .. (I) II' . . . .. .. _ . _ _ _ . . . . ~ ~~~~IK _ I § ~ ~ _ ~ ~ ~ ~ I I ~ I _ ~z IO~"~ ~ N ~ o.~. N = N ~ N _..- uJ ~"r ~ ::i ~ ~ :: w 1\ > I ..,. II o II CI:: _ II ~ . II ::¡ 0 II - (0) II > 0::: u~ 0 ~ ~ œ ~ ~. ~ ~ ~ ~ ~ _ .... ~ N ~ W wrl~ ~ 0 0 ~ - ~ 0 s: CD ~IO "':. 0 0 N C"!. 0 o ::!t -, <.1- N .... -.... .... w < UJ I.U 0 II fO t ~II gfl wC:: W Q.II II >c tJ) " II « Z .. II ~~ e ~~I~~ ~ 0 ~ ~ 0 0 0 0 0 0 ~ 0 coo 0 0 r--I- ~II-UJ '::J II - ~¡:~ CI:I II !Iii ::t , (J) '11 ~::) .. V œ II)II~() 1.1.1 CD - 11" ::I . .... 0"11 0( 0 \I Z Z ~ Z" ~ ~ 0 _ _ œ ~ ~ ~ N ~ ~ ~ ~ _ _ ~ N t t ~ ~U BuS ~ 8 8 ~ ~ 8 W L1J ...... II - II r N ........- - ...- -, -, ::E::tl Gill ~ ~ i ~II 0:::11 c. c. u. wI! C.II II II " >ß- 0 .... .... 0 ~ $ N . ~ ...- M M ..- .... ~ N II 1::11 ~ g N II;¡¡:;~" - -- I1<ZIl N .... .... 11 ..J.... U II Il. ~ II II -oJ II I all II U8 8 8 8 ~ g 8 8 8 8 8 8 g g 8 8 g ~~Ii~ N ~ ~ ~ g ~ ~ ~ ~ ~ ª ~ g i ~ ~ z-o:::"r-- N ~ .... ...... ...... .... N ::) II.... Il. II II \I II II ..... II " ~II~ > ø tJ) ~ ~ ~ <. ~ ~ < < c < Cw < < II ~11~ ø ~ ~ ~ ~ ~ ~ w w w w w UJ W W (") II II t::; 1/ II . i') II I (,) M II 2: II ~ UJ - .:c II .::J : ell.... z z z u..... - .. ~ - - - -> z < e::: II ~ z 4: I ~ < 1-0 II W ¡¡¡ - ::iE ~ ffi c::: §~~ ~ ~ i ~ ~ ffi w ~ ~ ~c::% < z ~ ffi ~ ~ ~ ffi ~ ~~y (,) ~ ~ ~ i > ~ ~ ~ ~ ~ ~~~ ~ < Q 0 ~ ~ z i h ~ ~ J ~ ~'o d~ ~ 0 0 ~ ~ ~ ~ ~ ~ ~ w œ 0 ;¡¡:;>z lIæ z z Z Z 0::: ~ ~ _ _ _ 0 ~ z <z>~ III- ~ ~ ~ ~ w ~ ~ ~ = ~ 5 ~ ~ :i a.; II~ ~ ~ sa ~.... ~ -< ~ x x ffi S!2 ~ ð~~ ß"w m ~ ~ ~ ~ ~ w ~ ~ ~ ~ w w w ~ ~ ~~~ " z~o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 º ~ ~ ~ II Qn% 0 0 0 0 - 9: <. < :> It I- I- r- W t) Q ¡ U ~"~ ~ ~ ~ ~ ~ C ~ :> W Q ~ ~ t ~ ~ ~ ~ II -~w ~ ~ :> ~ ~ N ~ W .... Z W w W ~ Z z : ~~~~¡ ~ ~ ¡ ~ d ~ ~ i ~ ~ ~o i fa ~ ~ Sw o I1~WIl~ L1J UJ W W · N...J 0 '""..... 1-.. "-oU~ ~ ~ ~ ~ ~ ~ ~ ~ - ~ U 0 U '"" ~ ~ O~ (J) II II ø II II W II II ....~ "~Oll 0 '"" ~ ~ ~ ~ ~ ~ ZO "w ß...- N ~ . ~ ~ ~ ~ ~ _ _ _ _ _ '"" _ '"" 00 II ~z II (,) 0( II 11 £0'd v1£¿£vè19S1 01 l~NOl1~N~31NI N~W-JI~ WO~~ Þ0:60 9661-60-1JO ·,1, II'IQ 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 ~ Q o 0 0 0 0 0 0 0 ~ 0 0 0 ~ 0 . 0 ~ 0 M ~ ~~~d ci 6 ci ci ci d ci ~ ~ d d ~ ci ~ d ~ d ~ ~ Z hN 0 0 0 0 0 ~ ~ ~ 0 ~ 0 . 0 ~ _ 0 N ~ =>ò(IICL ~ q, C'''- co I;!. I;!." ~ q "t "'=- M It')...._ q "':. - O~"~ ~ ~ ~ ~ M N ~ M ~ M.... œ ~ ~ W~ ~"N .... .... r ~ ~ 20" N III ; iCtl-" W ... II ~ ~ ß ' ~ ~ n , ~ ~ " i :t 0 11 ' _ CO) II > ~ III, ~ 0 0 N 0 ~ ~ 0 ~ ~ 0 1;1 .... * M ~ * ~ N ~ W LUll..... ¡ 0 N CD ~ I() Q) 1;1 M b I'- ß :t ¡;g 1-11 M i C'I!. C'I!. '"'" 'II;, ('of. 1;1 c:o 1;1 ~ 1;1 Q 2 N ~II' - m N N.... .... .... we w UJ 011 :;)0 F ~U 011 Za::: a..!(n I- ~o ~ ~~ ¡ <2 .." I ~~ 0 rffil- 1;1 0 q 0 0 0 0 0 ~ 0 0 0 0 ~ 0 ~ _ ~ N ~ç ~ ~ ~z I ~ 0 0 ~ ~ .:::::¡ ;z ¡::~ i ~~¡ ~ ~ z~ : Z;:) æ I <;:) I ~ .... ~ ãu : < Ó .... 0 ¡ z z ~ z ~ ~ 1;1 6 N 1;1 _ .... 0 ~ ~ c S .... ~ ~ ~ * ~ N I- I- ~ ~ ~.... ~ : ~ ~ .... ~ ~ ~ ~ 0 8 (,)u .... 0 i . (\¡ C\ iS w w ." -, ... t.n ............ a a ~ ~ ~ i 0:: ~ a::: ~ Œ ! 11.. 11.. IL W I 0. «II , > II ~ ~ ~ N .... ~ '"'" 8 ~ ~ ~ s ~ .... ~ .... .... .... N ~~" N. ~ ~ M ~ ~ ~ ~"I .... ~ N N < " . Q.:)11 On; " ¡ II i ßg 8 8 8 8 8 8 8 ~ 8 8 8 ~ 8 ~ 8 8 g ~ II' , " , . . . . . . , . , , . , . . . "8 g ~ 8 g g g ~ N , · $ ø 8 - 8 ~ ~ 2 I!::~II i ~ co. co. CD ..... 10 ~ is_ Z~" : N .... ... ~ N ~ I' :J Q. II I - II , II ' II i I- II I ~¡¡~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ CO) '" """ n i , ~ II ~ M II 11 II 11 e"" a::: . c 1\ 11 UJ ~~ II II i ~ I- I- 21-0 "" I 0 I- Z ºw~ ß" i I ~ ª w ~w~ "" I Z i ~ a: . I II <: 0 w ~~5 L II I 2 < ~ Œ ~ ø a: ~ ß Uz, Z a: ~ ~ ~ ~ WI-X II 11< i :< Q e c.; '- ....J >- < Ix; II "et:' a:.... w ~ ~ S ~ ¡~o d ro z ~ Q i a ~ a: S w ~ w ~ e ~~~ n s ~ ~ ~ ~ w ~ 5 t ~ ~ ø w U ~ 5~~~ II a: a: ~ a::: ~ ~ I ø ~ - ~ u z ~ ~- »0 Q 0 0 ~ ~ ~ ~ < 0 2 z« c () II I- ~ ~ ~ ~ w ~ _ z a ~ > æ~~ , ~ ~ ~ ~ ~ ~ : 0 ~ ~ ~ ~ ¡ ~ ~ ~ ~ w II ~ ~ ~ I- ~ 2 ~ ~ 8 ~ ~ & < ~ ~ j ~ ~ ~ I II~" a..~'9t;W{)¡:¡.~:¡:~J;~~ <>-z.., z II Q:I~ U 0 a.. . :t W . u 55 . w ::I ~ 0 ~ :E ~ 0:: ~~"~ ~ ~ ~ & ~ ¡ ~ Zo < ~ ~ ~ < 00 ~ ~~ ~ ~ o I-Wll- - IE- ~?: 0 >- .... >- a:: - z- I- -O"N ~ ~ ~ 0 ~ 0 ~ _ I- .... I- ø > - < .. II'" - oø II ctw II a:LU II g§ m¡~~ ~ ~ ~ ~ ~ ~ ~ æ ~ ~ æ ~ ~ ~ ~ I ~ ~ (,) < - II : I , I v0'd v1E¿Evc19S1 01 l~NOl1~N~31NI N~W-JI~ WO~~ v0:60 9661-60-1JO SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue. Delray Beach. Florida 33445 ROBERT J. HAGEL Telephone EucutilJr Dinctor (407) 272-7061 (407) 734-2577 Fax: (407) 265-2357 MEMORANDUM TO: All BOARD MEMEBERS FROM: Robert J. Hagel, Executive Directo DATE: February 26, 1996 RE: AIR VALVES In the 1995/96 Budget, the Board approved installing new air valves in the effluent force main. Two of the eleven (11) valves which must be replaced are in N.E. 7th Avenue in Delray. Since the City of Delray presently has a roadway improvement project in 7th Avenue, I have, after consulting with the Chairman, authorized the City of Delray to issue a Change Order in the amount of $8,000 which we will reimburse for installing new concrete vaults and air relief valves under their improvement project. By doing this, we will not have to tear up N.E. 7th avenue when we bid the rest of our project. cc: R. Federspiel, Esquire R. Hasko H. Wright T. McLean, Hazen & Sawyer B. Whitaker FILE 14-101 HAGELIAIRVALVE.CHG ~ " _....- ',,,,, ..~.. " ... _. ""''',...-,,":~....... ...,~. ·HI....· ~., !:~._..'" " :t->. - .~... " fG? m.llC=MAN llN1rIEm.NA 1rllONAILg llNCo ... GENERAl CONTRACTORS 2601 N.W. 48th Street . Pompano Beach. Florida 33073 BROWARD: (305) 426-1042 . FAX: (305) 426-0717 February 22, 1996 Letter No. 01 Faxed :!-øl.;z-9¿, Mr. Howard Wight Construction Manager Enviromental Services Department City of Delray Beach 434 South Swinton Ave. Delray Beach, Florida 33444 Re: N. E. 7th Avenue Utility and Roadway Improvements Project No. 94-49 Subject: Add Air Release VAlves Dear Mr. Wight: We are in receipt o£ your facsimile dated February 21, 1996 requesting a price for adding two ARV's to the Project. Our normal price for theese is $3,400.00 to $3,500.00 for furnish and install during the work sequence. Since it is now necessary to re- excavate and perform a larger excavation to get under the pipe, and hot-tap it in place, our price is $4,000.00. The above price breaks down as follows: 1- Concrete V aul t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,948.00 1- Comb ARV, saddle and Ace..................... $ 279.34 ---------- $2,227.34 tax.... $ 133.64 ---------- $2,360.98 1- Labor & Equipment for typical instalation.... $ 820.00 ---------- $3,180.98 10Y. OIH & Profit 318.09 ---------- Sub Total.... $3,499.07 1- Lab & Equip for additional excavation, hot-tap, re-work .. $ 456.00 10X O/H & Profit .. $ 45.60 FEB 2 b 1996 ------- Sub Total . . 501. 60 $ 501. 60 EI~Gjf~èERING ---------- Total . . . . . $4,000.67 ..~t... MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [/1"/( SUBJECT: AGENDA ITEM # ?K - MEETING OF OCTOBER 15, 1996 CONTRACT ADDITION (C.O. #1 FINAL) AND FINAL PAYMENT/ MARINE ENGINEERING CONTRACTORS, INC. DATE: OCTOBER 11, 1996 This is before the Commission to approve a contract addition (Change Order No. 1 Final) in the amount of $750.00 and final payment in the amount of $14,510.00 to Marine Engineering Contractors, Inc. for completion of the Water Treatment Plant Walkway Modifications project. Change Order No. 1 is for the installation of aluminum support angles on the walkway for additional electrical conduits and wiring running along the walkway. Recommend approval of the contract addition (Change Order No. 1) to Marine Engineering Contractors, Inc. Funding is available from Water and Sewer New Capital - Sludge Handling System (Account No. 441-5161-536-63.42) . Agenda Item No.: 11{ AGENDA REOUEST Date: October 8. 1996 Request to be placed on: _ Regular Agenda _ Special Agenda _ Workshop Agenda When: October 15. 1996 Description of item (who, what, where, how much) Staff request Commission approval for agenda request for Contract Addition (Change Order #1 Final) to Marine Engineering Contractors. Inc. for the Water Treatment Walkway Modifications - Project No. 93-28. Change Order #1 is for the installation of aluminum support angles on the walkway for additional electrical conduits and wiring running along the walkway. The amount of Change Order #1 is an add of$750.00. Additionally. approval is requested to make final payment to Marine Engineering Contractors. Inc. in the amount of $14.510.00 for the above proiect. A Contractor Evaluation is attached for review. Funding source for this proiect is Account No. 441-5161-536-63.42 Water and Sewer New Capital (Sludge Handling System). ORDINANCE/RESOLUTION REQUIRED: YESrf!} DRAFT ATTACHED YESB Recommendation: Staff request approval for Change Order # 1 and final payment to Marine Engineering Contractors. Inc. Department Head Signature: {! CLrW ~ Detennination of Consistency with Comprehensive Pan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available~/NO j (if aZliCable) Funding alternatives ¡VI A Account No. & Description lfcf 1- 57 M - 0£ - (,3 1./-;2 ~ 5ü<ðó'è-=- fMA,òL fA-&') Account Balance 'Fò 9-/ ¿J!( 7 7 1> /3 7£Oc1i , ð-1<. ßov(,,:- "> SCo. r¡' City Manager Review: ß!;rJ{. (oÍrv/v C- rÞ/\ Approved for agenda: ~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Di~ Date: October 8, 1996 Re: Water Treatment Walkway Modifications - Project 93-28 Contract Addition and Final Payment Request Attached for Commission approval is an agenda request for a Contract Addition (C.O. #1 Final) to Marine Engineering Contractors Inc. for the above referenced Project. C.O. #1 is for the installation of aluminum support angles on the walkway for additional electrical conduits and wiring running along the walkway. The amount of C.O.#l is an add of $750.00. Additionally approval is requested to make final payment to Marine Engineering Contractors, Inc. in the amount of $14,510.00 for the project. A Contractor Evaluation is attached for your review. Funding Source is 441-5161-536-63.42 W/S New Capital (Sludge Handling System) . File: Memo to City Manager 9328A CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 93-28 DATE: PROJECT TITLE: Water Treatment Plant Walkway Modifications TO CONTRACTOR: Marine Engineering Contractors, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Install additional support angles for electric conduits and wiring as field directed by Don Haley (WTP Plant Manager). SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $137,600.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $137,600.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 750.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $138,350.00 PER CENT INCREASE THIS CHANGE ORDER .54 % TOTAL PER CENT INCREASE TO DATE .54 % CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Marine Engineering Contractors, Inc. Funding Source: 441-5161-536-63.42 W/S New Capital Oulay (Sludge Handling Systems) DELLRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: William H. Greenwood, Director Jay Alperin, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk ~ ECKLER ENGINEERING CONSUL TING CIVIL ENGINEERS September 17, 1996 215.J3 Mr. Howard Wight City of DeIray Beach 434 S. Swinton Avenue DeIray Beach, Fl 33444 Dear Mr. Wight: Reference: Pay Request Number 3 (Final) Water Treatment Plant Walkway Modifications City Project Number 93-028 Enclosed are three (3) copies of Pay Request Number 3 (Final) from Marine Engineering Contractors, Inc. for the work completed during the period of June 27, 1996 through August 20, 1996. We recommend funding the requested hard cost amount of $14,510.00 as final payment for the above referenced project. This payment recommendation is based upon the finalization of all work required for this project and the additions of work in accordance with Contract Modification Number 1. These items to date are as follows: 1. Completion of all work required for Water Treatment Plant Walkway Modifications. 2. The completion of the work covered by Contract Modification Number 1 for the installation of additional support angles for electric conduits and wiring as requested and approved by Mr. Don Haley, City of DeIray Beach. 3. Final release of retain age being withheld for the project. Attached with these payment applications are copies of the Consent of Surety for Final Payment in the amount of $14,510.00, the contractor's final receipt and Warranty of Title, material supplier Releases of Uen and final Building Department approvals as required by the specifications. Please review the enclosed Pay Request Number 3 (Final) documents and if everything is satisfactory, please sign and date all copies where indicated by Owner and place this pay request in line for payment at your earliest possible convenience. One copy of the payment request is to be returned to Marine Engineering Contractors, Inc. with their payment and one copy is to be returned to Eckler Engineering for our files. Celebrating our 11th Year of Service to South Florida 9381 WESTSAMPLE ROAD 954/755-1351 CORAL SPRINGS, FL 33C65 PrInted on Recycled P_, FAX 954/755-2741 Mr. Howard Wight September 17, 1996 Page 2 If you have any questions or require additional information pertaining to this payment recommendation or the project status in general, please do not hesitate to contact our office. Sincerely, lJauþ. tf~ Douglas K. Hammann, P.E. Encl. 215J3.015 PAYMENT APPLICATION DATE: August 20, 1996 AND CERTIFICATE PROJECT No 93-028 APPLICATION NO. : 3 PERIOD FROM June 27,1996 TO August 20, 1996 PROJECT: Water Treatment Plant Walkway TO OWNER: City of Delray Beach FROM CONTRACTOR: Marine Engineering Contractors, Inc. THRU ENGINEER: Eckler Engineering 1. ORIGINAL CONTRACT SUM: 137,600.00 2. APPROVED CONTRACT MODIFICATIONS: 750.00 3. CONTRACT MODIFICATIONS APPROVED THIS PERIOD (LIST CONTRACT MODIFICATIONS NO.'S) #1 750.00 AND ATTACH COPIES OF CONTRACT MODIFICATIONS 4. REVISED CONTRACT AMOUNT (Sum of Lines 1 & 2 ) 138,350.00 5. TOTAL VALUE OF WORK COMPLETED TO DATE: 138,350.00 6. LESS AMOUNT RETAINED : <-~) 0.00 7. SUBTOTAL ( Line 5 - Line 6 ) : 138,350.00 8. LESS PREVIOUS CERTIFICATES FOR PAYMENT: 123,840.00 ( Line 7 from Previous Application) 9. CURRENT PAYMENT DUE (Line 7 - Line 8) 14,510.00 10. BALANCE TO FINISH PLUS RET AINAGE : 0.00 11. PERCENT PROJECT COMPLETE: ( 100% ) CONTRACTOR'S CERTIFICATION The Undersigned Contractor Certifies: 1. The work covered by this Application for Payment has been completed in accordance with the Contract Documents. 2. All previous progress payments received from the OWNER on account of Work done under the contract referred to above have been applied to discharge in full all obligations of the CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 thru --ª- inclusive. 3. Title to all materials and equipment incorporated in said work or otherwise listed in or red by this Application for Payment will pass to the OWNER at time of pa me free and clear of ens, claims, security interests and encumb nces cept suc as ove d by bond cceptable to the OWNER ). ~\~$l Payment of the Amount In ~"~ Line 9 is Recommended. Date ... o 0 000 0 000 >- ~ 0 ö 0 0 0 0 0 0 0 ~ ~ 66600006 0 ~ - IV ro - ~ ~ ..... !: ~ 88888888 8 - . . . . . . . . . ë ~ ~ ~ø 0 0 0 0 0 0 0 0 0 Q) 0) :I: :¡ B'Ë I E 0) ñi ü:o œ......- m_ Q) 0 ..... N I- ..... ..... If) - ~ ~ *' ~ ~ ~ ~ 'if- ~ $! 5> ..Þ~ 0 0 õ 0 0 0 0 0 ...... g ~ ~ø 0 0 0 0 0 0 0 0 0 ::> « (Y') ............. ...... ...... ...... ...... ...... ..... ...... ,.... ¡ 0 0 0 8 0 0 0 0 0 .. Ølí¡;: ~ ~ ~ . ~ ~ ~ ~ ~ ~ ~~~+ 0 0 0 0 0 0 0 0 0 W E0ft 8 0 0 0 0 0 0 ~ ~ W m o~ow 0 (Y') N ø 0 (Y') ~ (Y') I-::?; °-00+ ø ~ ~ ~ ~ œ ~ ø « ~ ~i-O ø N (Y') o z ~ ....... ,.... z z o 0 - 0 .. - - w 0 I- I- I- "'..... - . « « - ~'- ~ 0 Ü .ft! ë ¡; 0 w g g u..t5:150 "'")0 ....J....J ¡¡¡ ~ éi5 ~ Q. Q. ::Ea... 0 a: Q. Q. z Q. « « - o 0 0 0 0 0 000 00000000 0 -0 6 0 6 0 0 0 600 W .!!!.g ~ L() ..eel> ~ t- o 'O~a... !: .:!! - II> ~ ~ o - 0 õ ...... 0", 8 8 0 0 8 0 0 8 œ ~ ~g~ 0 0 0 0 ~£~ ~~~~ 0 0 0 0 0 0 0 0 !:~(Y') >CI>ft! 8 8 0 0 0 8 0 0 0~(Y') 0 ~~+ (Y') N ø (Y') ~ ü œ ~ E~o ø ~ ~ ~ ...... œ ~ t- C)Q)'O 0 C) e<- ø N C'? E~~ œ!: ~ ...... ~ !: 0 Q) .~ Q)Q)- m Q) Q)«>u.. >- Q) 0 0 0 0 0 8 0 0 E - ('\ !: 0 0 0 0 0 0 0 ~~ € -Q)~ ~ 1: 0 0 0 0 0 0 0 0 wõO ..... ~II> 0 0 0 0 0 0 0 0 ......> 0 w Ü ~~ ~ ~ ~ ~ w ~ ~ ~ ~ > Õ œ ~> W (Y') t- ~ ...... 0) C'? t- -,....Q) - If) ø N (Y') m~~ ~ ~ ,.... ::?;~~ u W .J « ð b ~ Q) I- ('\ E ~ N 0.. ('\ ,.... ð - ~ ~ ~ ~ ;: .D ('\ 0 u.. c~ _ 0 Q) > '0 0..... o E _ > If) !:'- Q) .. m ~ Q) Ü - ~ ('\ mm a: D. 0 '0 oS ~ o~::?; o .. 1; að æ ~ ~ 00:Sot I- a: :: !:!: Ü OR. Ü . . w 0 .0 ° '0 Q) If) E :!E Q. « ~ w ~ ~ ~ ~ ~ ~ õ~ g: w Z N t: ~ 0 0 ~ E œCl) Z Z C) 1) j2 0 .~ $! '0 E ~('\ o ~ Z ~ ~ õ ~ ~ æ ~ 8!:t Ü 0 W ~ a: ü u.. Q. r « W « ~£ ,.... N (Y') ~ ~ ~ ~ W ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER rjt-il SUBJECT: AGENDA ITEM # ð'L - MEETING OF OCTOBER 15, 1996 FINAL PAYMENT/ECKLER ENGINEERING, INC. DATE: OCTOBER 11, 1996 This is before the Commission to approve final payment in the amount of $869.07 to Eckler Engineering, Inc. for professional engineering services related to the Water Treatment Plant Walkway Modifications project. Recommend approval of final payment to Eckler Engineering, Inc. Funding is available from Water and Sewer New Capital Outlay - Sludge Handling System (Account No. 441-5161-536-63.42) . ." - Agenda Item NO.:.Jf.b- AGENDA REQUEST Date: October 9. 1996 Request to be placed on: _ Regular Agenda _ Special Agenda _ Workshop Agenda When: October 15. 1996 Description of item (who, what, where, how much) Staff request Commission approval for a&enda request for fmal payment to Eckler Eneineerin&. Inc. in the amount of $869.07 for the Water Treatment Walkway Modifications - Proiect No. 93-28. Funding source for this proiect is Account No. 44t-5161-536-63.42 Water and Sewer New Capital Outlay (Sludge Handline System). ORDINANCEIRESOLUTION REQUIRED: YEr?J¡ DRAFT A TTACHED YE~ Recommendation: Staff request approval for final payment to Eckler Engineering. Inc. Department Head Signature: Determination of Consistency with Comprehensive Pan: City Attorney ReviewlRecommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding availabl~O Funding alternatives ¡./jlt- ~if applicable) Account No. & Description I¡lfI ~Ç]bl- 50£ - £3, Y"~ tIftç~ SL'v\ô6~ f/-A-N1)((iV¿~) Account Balance <f: ;?<:;ò() ,')- / City Manager Review: &2tÄ ({//(0/1,:; Approved for agenda: ~O r~/v1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedJDisapproved /agenda.doc Memorandum. To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Di~n Date: October 8, 1996 Re: Water Treatment Walkway Modifications - Project 93-28 Eckler Engineering Final Pay Attached for Commission approval is an agenda request for final payment to Eckler Engineering, Inc. in the amount of $869.07 for the above referenced project. Funding Source is 44i-5161-536-63.42 W/S New Capital Outlay (Sludge Handling System) . File: Memo to City Manager 9328A ~ ECKLER ENGINEERING AUG 2 2 1996 E' ; r', ,-,.." . . .., . . .. . - ... . -' '1 I~ :... ¡ ~ I.. i.. ,: : ~ .,,; CONSUL TING CIVIL ENGINEERS INVOICE City of Delrav Beach Expense Code: 442-5l78-536-3l.90 Project Number: 95-032 Date: August 17, 1995 Purchase Order Number: 534755 Client Reference No.: 2l5.J1 Task Order Number: 11 Invoice Number: 95-176 Professional Engineering Services relative to the design of new walkways at the sludge dewatering building at the water treatment plant. Period Ending: Julv 25, 1995 PERSONNEL HOURS RATE AMOUNT TOTAL D. K. Hammann 12 $21. 25 $ 255.00 L. C. Fracasso 1.7 $14.00 $ 23.80 Labor Subtotal $ 278.80 Labor X 3.0: $ 278.80 X 3.0 = $ 836.40 EXPENSES Mileage $ 27.90 Postage $ 2.52 Tolls/Parking $ 2.25 Expenses Subtotal $ 32.67 $ 32.67 TOTAL $ 869.07 Contract Amount $ 5,117.64 Amount Earned This Period 25.82 Amount Previously Earned 5,091.82 Total Amount Earned 5,117.64 Amount Remain~ng $ 0.00 Celebrating our 11th Year of Service to South Florida 9381 WESTSAMPLE ROAD 954/755-1351 CORAL SPRINGS, FL 33065 Printed on Recyc/ed Paper FAX 954/755-2741 MEMORANDUM '10: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t11/1 SUBJECI' : AGENDA ITEM # F!1 - REGULAR MEETING OF œroBER 15 , 1996 RATIFICATION OF APPOINI'MENTS '10 THE KIDS AND COPS COMMITI'EE DATE: OC'IOBER 9, 1996 Donald Samis' term on the Kids and Cops Cormni ttee expires on October 31, 1996. Mr. Samis was appointed in November, 1994, under the 'other Representation' category. He is eligible for reappointment and has confirmed his willingness and ability to serve an additional term. The term is for two years, ending October 31, 1998. Attendance records are attached. We have also received an application from Dorothy Reilly to fill a vacancy under the 'Other Representation I category. If ratified, Ms. Reilly would complete an unexpired term ending October 31, 1998. In addition, Mary Rollins Caglioni has subnitted an application to serve as the representative from Plurnosa Elementary School. This position has been vacant for some time. The term would run through April 22, 1998. A check for municipal liens and/or code violations was conducted. None were found. Recommend ratification of the reappointment of Mr. Samis for a two year term ending October 31, 1998, the appointment of Ms. Reilly to fill an unexpired term ending October 31, 1998, and the appointment of Mrs. Caglioni for a term ending April 22, 1998. ~orJ ~ 10//6/9 b ref:agmem06 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME ~Clr \ \ ~ N£. \ T-t-\ LJLj HOME ADDRESS (Street, City, I/)~ 1\1£ ~nd 3+ De1r~ h- 3L344 L/ PRINCIPAL BUSINESS ADDRESS (Street, City, Z P Code) HOME PHONE BUSINESS PHONE ó2 L/3-IS Ie, ~ ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~I<b ~ CapS LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ./6.ids ~ CorS C b- d-~-Cl c¡ to Lf - d- 3- 9 ç, ) EDUCATIONAL QUALIFICATIONS "ßAz..- ì (\ ? .AucoJtO(\ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD "V\ D ("" i rlttt. \ &cheXn(j r E-í-\-t~' ~-\--~ GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION .p\ ~mo~o.... Ej.eýY\eA~i - ,3 rot S ,oJ -e...- +Z-ar h e.-r DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD -K 1'\0l0 ¡ eJ§ Q. cR !oc.o-\ s+uJe(\+,,\ PLEASE ATTACH A BRIEF RESUME. r HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. mæ~ /ð --j-96 ~NATURE DATE 4/90 .. . KIDS AND COPS . 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee Nancy Gross Kaylor PIA A Yvonne Odo. PIA P ~ Mary R. Pilgrim PIP P David J. Ptak PIA A Perry DonFrancisco PIP A Joe Dragon AlA ~ P ell ,.. Sean Anderson PIP ~ P 1! Edward Smith PIA ~ P f ~ Donald Samis A/A P . William J. f~~,,~JÍ1Q~ P P Lisa Hender~gg: / PIP A a nt 1 96 Matthew Weiner I PIP A a'Ot>nt 1 96 . .' KIDS AND COPS 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee Nancy Gross Kaylor P P P P P P P P A . Sean Ander8011 (appnt 1. /95) P ~ Mary Rollins Pilgrim Ex P A A P A P P A David Ptak (appnt 11/9 ) NO P P Perry DonFrancisco P Ex P P P ME ETING~ A P P A Joe Dragon P Ex P P A P P P P Edward Smith A P P P P P P A P Yvonne Odom P P P A A P A P P ~ Donald Samis P A A P P P A P P I - . KIDS AND COPS (1994 ) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee Agartha Gragg P PAP P Ex re~igne Larry Kramer Ret red Barbara Brown A A A A A Ex res gned. Yvonne Odom A P PAP Ex P P P Curt Lavarello A A A A Not reap¡ointEd Ivan Retzignac C adué ted Clyde Harris A A A A (of-t comm tteE) Rev. L.C. Johnson A A A A (off comm ttee Dan Burns A A A resi¡¡ned) Perry DonFrancisco P PAP P P P P P Joe Dragon PAP A A Ex Ex P P Jeffrey Miller PAP A A "" P P P P Q Ross Licata P P P P P ë re ~igne I ~ I ~ r Pansy Coleman (app /94) P A ~ P P Ex ¡ P . . Chn les Ridley P P PAP :a Ex Ex Ex Ex ' c ~ Mary Rollins Pilgrim (app 6/91.) ~ P P P P .::; Ed Smith (appnt 9/94 ~ Ex Ey P - --- -.- .---. _. --. .- Rev. Bernard Pecaro (appn 9/9¡) X Ex P Ex - :z "'fc Donald Samis (appnt ll/~ 4) P Kathy Hillier (appnt. 11/94) Ex Nancy Gross (appnt 10/~ 4) P P P Thomas Bruckner (ap¡ nt. ] 0/94) P P Ex Sept.- Mrs. Brown sent Tom Bruckner in her place MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tYlv"ì SUBJECT: AGENDA ITEM # g N· - MEETING OF OCTOBER 15 , 1996 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: OCTOBER 11, 1996 Attached is the Report of Appealable Land Use Items for the period September 30 through October 11, 1996. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. D¡< E'lv1 TO: DAVID T. HARDEN, CITY MANAGER ~~ ~lW) THRU: DIA E DOMINGUEZ, DIRECT R DEPARTMENT OF PLANNING AND ZONING t/~n ~ FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF OCTOBER 15,1996 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 30, 1996 THRU OCTOBER 11, 1996 t,¡¡::::¡:·:¡:::·:::,:.:::::::::::¡:::¡:¡:::::::¡:::::::¡:::~::~¡::¡:::¡::.::::::¡:¡:::¡:::¡lmæJ.II::::IIII§.ml:I:::II:::mftÎ:::IIIIJ.IIJ.II:~::¡:~:::¡~:¡¡:::::::¡:::::::::::::::':::¡::::¡:::¡:¡:::::¡:::::¡:::,:::::,:::::::::¡:::¡,t The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of September 30, 1996 through October 11, 1996. , ..j....... r····· ·r::···· .:. ·n······· 'n······· ... .:..... ................ ·ii¡--·············..·..··········· j...... .,..... ..,..,...... .,.................. ·.1 :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::IIIIIIIIII::¡::::¡¡::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::¡::::::::::¡:¡:¡:::¡:::¡:;:¡::¡;::: 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 October 15, 1996 Page 2 I::·:·::::::::::::::::¡:¡::::¡::::::::::::::::::¡:¡:¡::¡::::::::¡::¡::::::::::::::::¡:::::::::::::I..'I,:::I..:::_I.I:.I::¡:I'111]1'f;OOII'::::::::::::::::::::::::::::::¡:¡:::¡::¡:::¡¡:::I¡:¡:¡:::¡::::::::::::¡::::::::::::::::::¡:::::::I ................................................................................................................................................................................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . No Regular Meeting of the Board was held during this period. A. Approved (6 to 0), requests for a color change and business signs for NTW (National Tire Warehouse) located on the north side of West Atlantic Avenue, east of Congress Avenue (1801 West Atlantic Avenue). B. Approved (5 to 0, Little stepped down), requests for a change in the architectural elevation plan associated with facade changes, color change and a flat wall sign for Musicians Exchange, located on the north side of East Atlantic Avenue, east of N. E. 2nd Avenue (Pineapple Grove Way) at 213 East Atlantic Avenue. C. Approved (6 to 0), two flat wall signs and two free standing signs for The Arbors Office Park. D. Approved (6 to 0), a request for a change in the architectural elevation plan (awning addition) for Rosario's Restaurant, located on the west side of S. E. 5th Avenue (Southbound Federal Highway), south of Atlantic Avenue. E. Denied (6 to 0), a request for a change in the architectural elevation plan to allow the addition of neon around the fascia of the Video Avenue building (now under construction), located on the east side of South Federal Highway, north of Lindell Boulevard (within the South Delray Shopping Center). City Commission Documentation Appealable Items Meeting of October 15, 1996 Page 3 F. Approved (6 to 0), a request to change the architectural elevation plan (parapet addition) for State Gallery-Antique Store, located at the northeast corner of North Federal Highway and Bond Way. G. Approved (5 to 1, Little dissenting), a request for a color change for a proposed single family residence to be located within the Sabal Lakes Phase II master plan development. H. Tabled (6 to 0), a request for a change in the architectural elevation to allow the addition of security bars at the BPOE -1770 Elks building, located on the east side of N. E. 4th Avenue, between N.E. 2nd Street and N.E. 3rd Street. I:"':H' ·!'··:"¡"1¡···· H H. H." ·11" H.... H H H H.. '¡Iii:! r H H H..·· H.". r il!· H· H.. H'.. "11' r H H H H H.. H. r r liH H H H. H.! T:i H. H H. H H.."" H. H. H H H H H·" "n:-·....···· if·..··· H" "1 ¡¡¡:¡::¡¡¡¡¡:¡¡¡::¡~~::¡:g~lællll¡::llllllllmllll¡:::111111Mllmllll~¡¡II:::glillll¡¡¡l.i:¡:I:III¡¡¡¡¡¡¡¡:¡::¡¡::¡:¡:::¡:: 1. Approved (5 to 0), a request for a Certificate of Appropriateness, site plan, landscape plan and architectural design elements for 11 South Swinton Professional Office, located on the east side of South Swinton Avenue, south of Atlantic Avenue. The proposal involves the demolition of a contributing structure (Andre's Market) and construction of a 3,100 sq. ft. professional office building. 2. Tabled (5 to 0), a request for Certificate of Appropriateness for the commercial building located at 2 East Atlantic Avenue to allow changes to the previously approved facade and to complete the proposed improvements in phases. The Board tabled the item in order to allow the property owner to provide a time-table and cost breakdown of the phasing schedule. 3. Approved (5 to 0), a request for a Certificate of Appropriateness associated with facade changes to a contributing single family residence located at 235 N.E. 1st Avenue. 4. Approved (5 to 0) a request for a Certificate of Appropriateness to change the roofing material from cement tile to dimensional fiberglass shingles for a non-contributing duplex located at 2261228 N.E. 5th Terrace. City Commission Documentation Appealable Items Meeting of October 15, 1996 Page 4 .-............'.',..','..,',',',',.....'..,'..,',',',',',.,......'...,','..,',',.....-----...-....,'.-........",',','."'- ---...",.,.,',....."'.""..------.......-----......--------....._----.-,. 5( -rablëd(TItoO),~r~qO~stforªGertjfic~tØC)f.tXpprôpriâtêt1ëS$toª low røOQ¥ªt.i()ntQtt'î~fr()t1tfaqªg~i '1çILJ9iºgin~ta lªti()n()fª$i9rlfQtl'hQ "" ..,...-.....,.,..... "-:':'-"»»»::::»>"':',"-:.:::.:::::-:-:,"<>"<»-.::::::-:::::::::.:.::..:.....:..:.:::::.::'::::::.::--::.::.'":":::::":::""<:-:::::'::::":'--::::::":'-.:-::-:::<"::::-:::::::':':':::::-:-:-:-:-:::-::"'::::::<::'::-,:." 'å.ê~r()()rr1,IC)~tëdQrtth~~óutI1Sí9ØofËÆi$tì1.tlaOtíC:!MlønY~,ëø$t?Qf $VJit1t()OÆ\\Jøt'\t.J~.J"þ~(iJ()ªl'dtªPIØgtt1~r~I.J~$tirtºtcf~rtºªU(),^,th~ .--..-..'."""....-----....".------......"...-----..-'.-.....------...""""..--.-..........--..""'."..----.--........--....."""..-.."""...--.-."."..----..-.... .----..".""....----..........----....."."..---.--........--.----.....""'......-........---.--"""'......--........-----......"'......."""............,...-------.... ªpplic:ãnt~()c()()r(lihªt~th~~~c;~ªJ1g~§"Yitt'îáfytLJrepr()þ()§ªlt()ªcfت diOlngd~bf{6rft~êrø()fôftti~bLJUgin~'^'hiçhreqyir~~ªrÆiiIÎð~l. 6. Approved (5 to 0), a request for a Certificate of Appropriateness to allow facade changes to a contributing single family residence located at 246 North Swinton Avenue. 1:::::::,:::::,:::::':':::::1::::':::::':::::::::'::::::::'::::.:::::::::::'::::::::::::::::':.:::::::::::':::::::':.::.:::::..::'::.:::::.:::::&11111":111:::111111::::::::::':::::::::::::::::::::.:::::::':::::::::::::::::::::::::::::::::::::::::'::::::::..:::::::::::::::::::,:::::':::::::::::::::::':::::::::::1 By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF OCTOBER 15, 1996 L-30 CANAL '" => ® z ~ < -' ~ < a:: I-- I-- Z - ~ c CII < e LAKE IDA ROAD a:: ~ u ~ a:: < CD ---,.. J SW 2 ST ~ ~ < < CXI . C ~ ~ a:: ~ CII CII '" -' => e LOWSON BOULEVARD CD c e ~ '" :::IE e J: ~ ~ i3 :r -' >- Z < < a:: !j z < < I-- e u ::::; .... '" :i >< U I Õ i= z '" < ¡::! < ---.-.-.-.-----.-.-.- L-38 CANAL C-15 CANAL CITY LIMITS --- S.P.R.A.B.: H.P.B.: A. - N.T.W. (NATIONAL TIRE WAREHOUSE) 1. - 11 S. SWINTON PROFESSIONAL OFFICE B. - MUSICIANS EXCHANGE 2. - 2 EAST ATlANTIC AVENUE I MILE I C. - THE ARBORS OFFICE PARK 3. - 235 N.E. 1 ST AVENUE I D. - ROSARIO'S RESTAURANT 4. - 226/228 N.E. 5TH TERRACE SCALE E. - VIDEO AVENUE 5. - THE BACKROOM F. - STATE GALLERY-ANTIQUE STORE 6. - 246 N. SWINTON AVENUE N G. - SABAL LAKES H. - B.P.O.E.-1770 ELKS - CITY OF DELRAY BEACH, FL PLANNING DEPARTMENT - - DIGITAL BASE MAP SYSTEM -- . . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [fJ./t SUBJECT: AGENDA ITEM # ¿?(). - MEETING OF OCTOBER 15, 1996 AWARD OF BIDS AND CONTRACTS DATE: OCTOBER 11, 1996 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Bid award to multiple vendors via Palm Beach County Co-op Bid for the purchase of gasoline and diesel fuel at an estimated annual cost of $229,530, with funding from #445-4714-572-52.11, #446-4714-572-52.11 and #501-3311-591- 52.51. 2 . Purchase award to Metro Service Consultants, Inc. , sole source for fire hydrant audit services, via Palm Beach County bid, at an estimated cost of $57,500 from 441-5123-536-34.90. 3 ~ ~~ · \ ., - Agenda I tern No. : g.O·/ AGENDA REQUEST Date: October 08, 1996 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: October 15, 1996 Description of agenda item (who, what, where, how much) : Bid Award - Purchase of gasoline and diesel fuel via the Palm Beach County Co-oP Bid ¡¡CJ6-17R/WM to multiple vendors at an estimated annu8.1 cost of $229.530. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to various vendors for purchase of gasoline and diesel fuel via Palm Beach County Co-oP Bid at an estimated annual cost of $229,530. Funding from accounts 445-4714-572-52.11, 446-4714-572-57.11 and 501-3311-591-52.51 pepartment Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~ NO (if applicable) Funding alternatives. Account No. & Description: \«;I..-( \ ¡'\.( ::) Account Balance: ø City Manager Review: ".- Approved for agenda: éj) NO r~\ Hold Until: " Agenda Coordinator Review: Received: Action: Approved/Disapproved M E M 0 RAN DUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Senior Buyer ~ THROUGH: Joseph sa~ce Director DATE: October 08, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING OCTOBER 15, 1996 - BID AWARD - BID #96-178/WM CO-OP BID - GASOLINE AND DIESEL FUEL Item Before Commission: The City Commission is requested to make multiple awards as listed below for gasoline and diesel fuel, at an estimated annual cost of $229,530. Background: Palm Beach County Purchasing Department is the lead agency for this Co-op annual bid. Bids were received on September 11, 1996, from six (6) vendors per attached bid tabulation and agenda summary from Palm Beach County. This contract was approved by the Palm Beach County Board on October, 1, 1996. The low bidders for City of Delray Beach are as follows: Diesel #2 Without Biocide (Tankwagon) Estimated Annual Cost F.H. Foster at $.0700 mark-up $ 57,015.00 Regular Unleaded (Transport) Petroleum Traders $.0106 mark-up $ 172,515.00 This contract allows for price fluctuation (escalation) based on prices published in the Oil Price Information Service (OPIS) for Miami. However, the vendor markup or discount (incl uding delivery and all other costs) shall not change during the time of the contract. Recommendation: Staff recommends multiple awards as stated above at an estiamted annual cost of $229,530. Funding from accounts 445-4714-572-52.11, 446-4714-572-52.11 and 501-3311-591-52.51. Attachments: Bid Estimated Quantities For City Of Delray Beach OPIS Report - Miami Bid Re-Cap Sheet From Palm Beach County cc: Robert Barcinski William Greenwood Chief Rehr Brahm Dubin Don Haley Chief Overman f· Q. / 10/01195 08: 15 ¡:rOII: Kristen A. Dawson 40723353?? Page 1 of 1 OPIS REPORT - MIAMI AVERAGE PRICES DIESEL UNLEADED GASOLINE REGULAR SUPER PREMIUM REPORT #2 Low #2 High 87 Oct. 89 Oct. 93 Oct. DATE* .5517 .5472 .6025 .6402 .6972 July 1,96 .5728 .5657 .6220 .6592 .7174 July 8, 96 .5866 .5772 .6479 .6832 .7440 July 15, 96 .5962 .5868 .6607 .6977 .7566 July 22, 96 .6004 .5912 .6216 .6593 .7188 Aug 5, 96 .6310 .6131 .6542 .6984 .7511 Aug 12, 96 .6368 .6260 .6322 ,6688 .7272 Aug 19,96 .6432 .6356 .6310 .6676 .7260 Aug 26, 96 .6756 .6747 .6415 .6786 .7377 Sept 9, 96 .7148 .7099 .6656 .7020 .7623 Sept 16, 96 .7134 .7055 .6408 .6785 .7376 Sept 23, 96 .7445 ,7365 .6404 .6771 .7377 Sept 30, 96 Estimated Quantitites For City of Delray Beach: Diesel 112 (Tahkwagon) 70,000 gallons Regular Unleaded (Transport) 265,000 gallons Breakdown: Based on current Miami OPIS (Oil Price Information System) for Septêmher 30, 1996 Vendor / OPIS Estimated Unit Price x Qty. = Description Bid Prices Price Quantity Total Dollar Amount ., i· Diesel 112 F.B. Foster .7445 70,000 gallons .8145 (.0700 + .7445) Tankwagon + .0700 x 70,000 = $57,015.000 (without Biocide) Regular Petroleum .6404 265,000 gallons .6510 (.0106 + .6404) Traders x 265,000 = $17?,515.00 +.0106 Total Estimated Dollar Amount For City of De1ray Beach $ 229,530.00 (57,015 + 172,515 = 229,530) BID #96-17S/WM ¡ . GASOLINE & DIESEL FUEL, CO-OP TERM CONTRACT LOT 1 (BOCA RATON. BOYNTON BEACH. DELRAY BEACH. MANALAPAN & OCEAN RIDGE AREA) ITEM DESCRIPTION TRANSPORT TANKWAGON 1- ULTRA-LOW SULPHUR DIESEL + A-I SPECIALTY + A-I SPECIALTY #2 WITH BIOCIDE $.0295 RICK ZOBEL $.0950 RICK ZOBEL (561) 697-2781 (561) 697-2781 AFTER HOURS 683-1361 AFTER HOURS 683-1361 2. ULTRA-LOW SULPHUR DIESEL + PETROLEUM TRADERS + F.H. FOSTER #2 WITHOUT BIOCIDE $.0124 GAYLE, SALLY, $.0700 DANIEL FOSTER DANIELLE OR BRENDA (561) 732-2433 (800) 348-3705 X 318 AFTER HOURS 575-2729 3. SUPREME UNLEADED - COASTAL REFINING & MRKTG + BP OIL $.0229 ANN BLAKELY $.0502 SANDRA JOHNSTON (800) 793-3835 (800) 544-3210 OPTION 7 AFTER HRS (800) 733-4261 BEEPER (800) 608-9774 AFTER HRS (770) 426-5619 4. REGULAR UNLEADED + PETROLEUM TRADERS + F.H. FOSTER $.0106 GAYLE, SALLY, $.0700 DANIEL FOSTER DANIELLE OR BRENDA (561) 732-2433 (800) 348-3705 X 318 AFTER HOURS 575-2729 5. UNLEADED PLUS - COASTAL REFINING & MRKTG + BP OIL $.0055 ANN BLAKELY $.0589 SANDRA JOHNSTON (800) 793-3835 (800) 544-3210 OPTION 7 AFTER HRS (800) 733-4261 BEEPER (800) 608-9774 AFTER HRS (770) 426-5619 * SPLIT LOAD CHARGES, TRANSPORT ONLY: A-I SPECIALTY $35.00¡ PETROLEUM TRADERS $40.00¡ , COASTAL $20 . 001 "is. f', od ';;ZO.OD LOT 2 (CITY OF GREENACRES. LAKE WORTH & LANTANA AREA) ITEM DESCRIPTION TRANSPORT TANKWAGÇ>N' 6. ULTRA-LOW SULPHUR DIESEL + A-1 SPECIALTY + A-1 SPECIALTY #2 WITH BIOCIDE $.0295 RICK ZOBEL $.0950 RICK ZOBEL (561) 697-2781 (561) 697-2781 \ AFTER HOURS 683-1361 AFTER HOURS 683-1361 7. ULTRA-LOW SULPHUR DIESEL + COASTAL REFINING & MRKTG + CONSOLIDATED OIL #2 WITHOUT BIOCIDE $.0165 ANN BLAKELY $.0690 DISPATCHER (800) 793-3835 (800) 683-5823 AFTER HRS (800) 733-4261 AFTER HRS-HARVEY JACOBSON (305) 795-7914 8. SUPREME UNLEADED - COASTAL REFINING & MRKTG + BP OIL $.0229 ANN BLAKELY $.0502 SANDRA JOHNSTON (800) 793-3835 (800) 544-3210 OPTION 7 AFTER HRS (800) 733-4261 BEEPER (800) 608-9774 AFTER HRS (770) 426-5619 9. REGULAR UNLEADED + COASTAL REFINING & MRKTG + CONSOLIDATED OIL $.0135 ANN BLAKELY $.0690 DISPATCHER (800) 793-3835 (800) 683-5823 AFTER HRS (800) 733-4261 AFTER HRS-HARVEY JACOBSON (305) 795-7914 10. UNIJEADED PLUS - BP OIL + BP OIL $.0025 SANDRA JOHNSTON $.0589 SANDRA JOHNSTON (800) 544-3210 OPTION 7 (800) 544-3210 OPTION 7 BEEPER (800) 608-9774 BEEPER (800) 608-9774 AFTER ERS (770) 426-5619 AFTER ERS (770) 426-5619 LOT 3 (LOXAHATCHEE. MANGONIA PARK. PALM BEACH. WELLINGTON & WEST PALM BEACH AREA) ITEM DESCR:IPT:ION TRANSPORT TANKWAGON 1l. ULTRA-LOW SULPHUR DIESEL + A-1 SPECIALTY + A-I SPECIALTY #2 WITH BIOCIDE $.0295 RICK ZOBEL $.0950 RICK ZOBEL (561) 697-2781 (561) 697-2781 AFTER HOURS 683-1361 AFTE~ HOURS 683-1361 . 12. ULTRA-LOW SULPHUR DIESEL + A-I SPECIALTY + CONSOLIDATED OIL #2 WITHOUT BIOCIDE $.0195 RICK ZOBEL $.ú690 DISPATCHER (561) 697-2781 (800) 683-5823 AFTER HOURS 683-1361 AFTER ERS-HARVEY JACOBSON (305) 795-7914 13. SUPREME UNLEADED - COASTAL REFINING &: MRKTG + BP OIL $.0175 ANN BLAKELY $.0602 SANDRA JOHNSTON (800) 793-3835 (800) 544-3210 OPTION 7 AFTER ERS (800) 733-4261 BEEPER (800) 608-9774 AFTER ERS (770) 426-5619 14. REGULAR UNLEADED + COASTAL REFINING &: MRKTG + CONSOLIDATED OIL $.0175 ANN BLAKELY $.0690 DISPATCHER (800) 793-3835 (800) 683-5823 AFTER ERS (800) 733-4261 AFTER ERS-HARVEY JACOBSON (305) 795-7914 IS. UNLEADED PLUS - BP OIL + BP OIL $.0003 SANDRA JOHNSTON $.0689 SANDRA JOHNSTON (800) 544-3210 OPTION 7 (800) 544-3210 OPTION 7 BEEPER (SOO) 60S-9774 BEEPER (800) 608-9774 AFTER HRS (770) 426-5619 AFTER ERS (770) 426-5619 LOT 4 (JUNO BEACH. JUPITER. LAKE PARK. NORTH PALM BEACH. PALM BEACH GARDENS. RIVIERA BEACH & SINGER ISLAND AREA) :ITEM DESCR:IPT:ION TRANSPORT TANKWAGON 16. ULTRA-LOW SULPHUR DIESEL + A-I SPECIALTY + A-I SPECIALTY #2 WITH BIOCIDE $.0295 RICK ZOBEL $.0950 RICK ZOBEL (561) 697-2781 (561) 697-2781 AFTER HOURS 683-1361 AFTER HOURS 683-1361 17. ULTRA-LOW SULPHUR DIESEL + A-I SPECIALTY + CONSOLIDATED OIL #2 WITHOUT BIOCIDE $.0195 RICK ZOBEL $.0790 DISPATCHER (561) 697-2781 (800) 683-5823 AFTER HOURS 683-1361 AFTER ERS-HARVEY JACOBSON (305) 795-7914 18. SUPREME UNLEADED - COASTAL REFINING &: MRKTG + BP OIL $.0155 ANN BLAKELY $.0602 SANDRA JOHNSTON (800) 793-3835 (800) 544-3210 OPTION 7 AFTER ERS (800) 733-4261 BEEPER (800) 608-9774 AFTER ERS (770) 426-5619 '19. REGULAR UN'LEADEU + COASTAL REFINING & MRKTG + CONSOLIDATED OIL $.0175 ANN BLAKELY $.0790 DISPATCHER (800) 793-3835 (800) 683-5823 AFTER ERS (800) 733-4261 AFl'ER ERS-HARVEY JACOBSON (305) 795-7914 20. UNLEADED PLUS + BP OIL + BP OIL $.0019 SANDRA JOHNSTON $.0689 SANDRA JOHNSTON (800) 544-3210 OPTION 7 (800) 544-3210 OPTION 7 BEEPER (800) 608-9774 BEEPER (800) 608-9774 AFTER ERS (770) 426-5619 AFTER ERS (770) 426-5619 . LOT 5 (BELLE GLADE & PAHOKEE AREA) . " ,,' J:TEK DESCRJ:PTION TRANSPORT TANKwAGON ", 2l. ULTRA-LOW SULPHUR DIESEL + A-I SPECIALTY + A-I SPECIALTY #2 WITH BIOCIDE $.0375 RICK ZOBEL $.1275 RICK Z6BEL (561) 697-2781 (561) 697-2781 AFTER HOURS 683-1361 AFTER HOURS 683-1361 22. ULTRA-LOW SULPHUR DIESEL + PETROLEUM TRADERS + BP OIL #2 WITHOUT BIOCIDE $.0204 GAYLE, SALLY, $.0865 SANDRA JOHNSTON DANIELLE OR BRENDA (800) 544-3210 OPTION 7 (800) 348-3705 X 318 BEEPER (800) 608-9774 AFl'ER ERS (770) 426-5619 23. SUPREME UNLEADED - COASTAL REFINING & MRKTG + BP OIL $.0125 ANN BLAKELY $.0602 SANDRA JOHNSTON (800) 793-3835 (BOO) 544-3210 OPTION 7 AFTER HRS (BOO) 733-4261 BEEPER (800) 608-9774 AFTER HRS (770) 426-5619 24. REGULAR UNLEADED + PETROLEUM TRADERS + BP OIL $.0156 GAYLE, SALLY I $.0867 SANDRA JOHNSTON DANIELLE OR BRENDA (800) 544-3210 OPTION 7 (800) 348-3705 X 318 BEEPER (800) 608-9774 AFTER HRS (770) 426-5619 25. UNLEADED PLUS + BP OIL + BP OIL $.0015 SANDRA JOHNSTON $.0689 SANDRA JOHNSTON (800) 544-3210 OPTION 7 (800) 544-3210 OPTION 7 BEEPER (800) 608-9774 BEEPER (800) 608-9774 AFl'ER HRS (770) 426-5619 AFTER HRS (770) 426-5619 BIDDE~S SHALL LIST TO THE 6TH DECIMAL POINT THE VARIOUS AMOUNTS FOR TAXES AS LISTED, IF APPLICABLE. l. ULTRA-LOW SULPHUR DIESEL #2 WITH BIOCIDE A. Environmental Tax .020713 B. Super Fund C. Inspection Fee D. State Road Tax .040 E. County Road Tax .1170 F. Motor Fuel Tax .085 2. ULTRA-LOW' SULPHUR DIESEL #2 WITHOUT BIOCIDE A. Environmental Tax .020713 B. Super Fund C. Inspection Fee D. State Road Tax .040 E. County Road Tax .1170 F. Motor Fuel Tax .085 3. SUPREME UNLEADED GASOLINE A. Environmental Tax .020713 B. Super Fund C. Inspection Fee .00125 D. State Road Tax .040 E. County Road Tax .1670 F. Motor Fuel Tax .085 4. UNLEADED PLUS GASOLINE A. Environmental Tax .~ -02.071 ~ B. Super Fund C. Inspection Fee .00125 D. State Road Tax .040 E. County Road Tax .1670 F. Motor Fuel Tax .085 5. REGULAR UNLEADED GASOLINE A. Environmental Tax .~ · (:> 2..0 1 , ::, B. Super Fund C. Inspection Fee .00125 D. State Road Tax .040 E. County Road Tax .1670 F. Motor Fuel Tax .085 \ .. ". BID RE-CAP SHEET . .¡: BID # 96-178/WM TITLE GASOLINE & DIESEL FUEL. CO-OP TERM CONTRACT BUYER MARC MOSTO~ ~ . - ,. ,.... IFB APPROVED 7-14 .lIC. ~ POSTING APPROVED 'i' (:3' ,,~.~;.-: GOAL SETTING MEETING 1·2.<.iJjt. ~ COPY TO SPEC. PROJ. COORD. C:¡' ~")C. ~_ NEWSPAPER ADVERTISING ~ ~ DATE/TIME BID POSTED 'f -I; ~, ~.. _. BID OPENING ... ~ DATE/TIME BID REMOVED 'i-U'"'' ~l- MWBE EVAL. RETURNED ., . ~ RECAP TO MWBE & PA 9 -:I.., ...:!:: .=:::..._ DEPT EVAL. RETURNED 9··0·tlt. ,"",M IF TERM CONTRACT GENERATED: TERM 10 o'r/g ,·'¡O:~d¡~ÂQ:J:i:ao'n,'7.:. LOT 1 RJ:COK LOT ;Z RECOK LOT 3 RJ:COK LOT .. RECOI' LOT 5 RJ:COIC UY UY UY UY UY . lIiL1. mlL'§' .uu....u ~ .umL..U TRANSPORT TßANSPORT TRANSPORT TRANSPORT TRANSPORT A-I SPECIALTY 1 A-I SPECIALTY 1 A-I SPECIALTY 1 A-I SPECIALTY 1 A-I SPECIALTY 1 + $.0295 + $.0295 + $.0295 + $.0295 + $.0375 COASTAL 2 COASTAL 2 COASTAL 2 COASTAL 2 COASTAL 2 + $.0295 + $.0315 + $.0361 + $.0389 + $.0420 SKIPPERS 2 SKIPPERS 2 SKIPPERS 2 SKIPPERS z.. SKIPPERS "1- + $.06012 + $.0626 + $.0626 + $.0651 +$.0651 PETROLEUM 3 PETROLEUM 3 PETROI.EUM 3 PETROLEUM PETROLEUM SOURCE 5 SOURCE SOURCE SOURCE SOURCE 3 -$.03325 -.01891 - $.02282 - $.02458 - $.02706 LOW BIDDER DETERMINED BY . PPM GUIDANCE 1.TID:I...J. .ITJili..i DELlJ. IIID:W..§. nmLU TANKWAGON TANKWAGON TANKW^GON TANKWAGON TANKWAGON A-I SPECIALTY 1 A-I SPECIALTY 1 A-I SPECIALTY 1 A-I SPECIALTY 1 A-I SPECIALTY 1 + $.0950 + $.0950 + $.0950 + $.0950 + $.1275 SKIPPERS 2 SKIPPERS 2 SKIPPERS 2 SKIPPERS 2 SKIPPERS 2 +$.16512 + $.1700 + $.1700 + $.1851 + $.2500 ~ .uID:LZ. 1.:rIDLli 11ID:I.Jl. .Im:I....4.6. TRANSPORT TRANSPORT TRANSPORT TRANSPORT hU;~'-TRANSPOR1;:t.; PETROLEUM 1 COASTAL 1 A-I SPECIALTY 1 A-I SPECIALTY 1 -, ·~Ë.ii~ï:E;;M~ ¡'~ 1 TRADERS + $.0165 + $.0195 + $.0195 TRADERS + $.0124 BP OIL 2 COASTAL 2 BP OIL 2 + $.0204 COASTAL 2 + $.0181 + $.0211 + $.0238 BP OIL 2 + $ .0145 PETROLEUM 2 BP OIL "2 COASTAL + $.0239 -a.. + $.0259 BP OIL 2 TRADERS + $.0215 PETROLEUM COASTAL + $.0162 + $.0204 PETROLEUM 2 TRADERS ~ +$.0270 . A-I SPECIALTY 2 A-I SPECIALTY 2 TRADERS + $.0254 A-I SPECIALTY ~ + $.0195 + $.0225 + $.0254 SKIPPERS L +$.0275 SKIPPERS 2 SKIPPERS 2 SKIPPERS 2 + $.0501 SKIPPERS 1- + $.04512 + $.04762 + $.04762 PETROLEUM 3 +$.0501 PETROLEUM 3 PETROLEUM 3 PETROLEUM 3 SOURCE PETROLEUM 3 SOURCE SOURCE SOURCE - $.02706 SOURCE - $.01891 - $.02282 _ $.02458 -$.3325 .rmu. .u:IDL1. I:rJm..ld l:m!L1l .Im:I....4.6. TANKWAGON TANKWAGON TANKWAGON TANKWAGÒN TANKWAGON F. II. FOSTER 1 CONSOLIDATED 1 CONSOLIDATED 1 CONSOLIDATED 1 BP OIL 1 + $.0700 + $.0690 + $.0690 + $.0790 + $.0865 BP OIL 2 BP OIL 2 F. II. FOSTER 2 A-I SPECIALTY 2 COASTAL 2 + $.0765 + $.0765 + $.0700 + $.0850 + $.0950 CONSOLIDATED 2 F . H. FOSTER 2 A-I SPECIALTY 2 BP OIL t,. A-I SPECIALTY 2- + $.0790 + $.0700 + $.0850 + $.0865 +$.1075 A-I i¡PECIALTY 2 A-I SPECIALTY 2 BP OIL 2 COASTAL l SKIPPERS ~ + $.0850 + $.0850 + $.0865 + $.0950 +$.2500 COASTAL 2 COASTAL 2 COASTAL 2 SKIPPERS CONSOLIDATED.,. + $.0950 + $.0950 + $.0950 + $.1701 Z, +$.2790 SKIPPERS 2 SKIPPERS 2 SKIPPERS 2 + $.1501 + $.1550 + $.1550 .DE1...l. 11ID1.1!. 1:m!....U 1IID:I.....1.§. .Dm:L.U TRANSPORT TRA}!SPORT TRANSPORT TRANSPORT TRANSPORT COASTAL 1 COASTAL 1 COASTAL 1 COASTAL 1 COASTAL 1 - $.0229 - $.0229 - $.0175 - $.0155 - $.0125 BP OIL 2 BP orL 2 BP OIL 2 BP OIL 2 BP OIL 2 - $.0128 - $.0112 - $.0090 - $.0068 - $.0072 PETROLEUM 2 PETROLEUM 2 PETROLEUM 2 PETROLEUM t- PETROLEUM ... TRADERS TRADERS TRADERS TRADERS TRADERS ~ - $.0091 - $.0041 + $.0009 +$.009 -$.0041 A-I SPECIALTY 2 A-I SPECIALTY "2 A-I SPECIALTY 2 A-I SPECIALTY t.. A-I SPECIALTY z,. + $.0195 + $.0195 + $.0195 +$.0195 +$.0225 SKIPPERS 2 SKIPPERS 2 SKIPPERS 2 SKIPPERS ;z. SKIPPERS + $.04512 + $.0476 + $.0476 .$.0501 +$.0501 ~ PETROLEUM 3 PETROLEUM 3 PETROLEUM SOURCE 3 PETROLEUM ::z. PETROLEUM SOURCE SOURCE - $.02143 Sr.:UR::i!: ;7 SOURCE :!þ - $.01643 - $.01989 -$.02360 -$.02901 1.'Œ1...l. 1m!1....§. lIID:LU ~ .1I.IW-li TANKWAGON TANKWAGON TANKWAGON TANKWAGON TANKWAGON BP OIL 1 BP OIL 1 BP OIL 1 BP OIL 1 BP OIL 1 + $.0502 + $.0502 + $.0602 + $.0602 + $.0602 F . II. FOSTER 2 CONSOLIDATED 2 CONSOLIDATED 2 CONSOLIDATED 2 COASTAL 2 + $.0700 + $.0609 + $.0690 + $.0790 + $.0950 CONSOLIDATED 2 F.II. FOSTER 2 F . II. FOSTER 2 A-1 SPECIALTY ~ A-,1 SPECIALTY .. + $.0790 + $.0700 + $.0700 +$.0850 +$.1075 A-I SPECIALTY 2 A-I SPECIALTY "2 A-I SPECIALTY 2 COASTAL 1- SKIPPERS ¡. + $.0850 + $.0850 + $.0850 +$.0950 +$.2500 COASTAL 2 COASTAL "2 COASTAL 2 SKIPPERS CONSOLIDATED J,. + $.0950 + $.0950 + $.0950 +$.1701 t- +$.2790 SKIPPERS 2 SKIPPERS "2 SKIPPERS 2 + $.1501 + $.1550 + $.1550 1IitU. IIt!:U. .u:IDL1.i ml1J.2. .D.'JW..4.i TRANSPORT TRANSPORT TRANSPORT TRANSPORT TRANSPORT PETROLEUM 1 COASTAL 1. COASTAL 1 COASTAL 1 PETROLEUl1 1 TRADERS + $.0135 + $.0175 + $.0,175 TRADERS + $.0106 BP OIL "2 BP OIL 2 A-I SPECIALTY 2 + $.0156 COASTAL 2 + $.0153 + $.0175 + $.0195 BP OIL 2 + $.0109 PETROLEUM "2 A-I SPECIALTY 2 BP OIL ~ + $.0193 BP OIL 2 TRADERS + $. 0195 +$/~197 A-I SPECIALT'l .J + $.0137 + $.0156 PETROLEUM 2 PETROLEUM +$.0225 ".. A-I SPECIALT'l 2 A-1. SPECIALTY 2 TRAERS TRADERS ¿. COASTAL 2.- + $.0195 + $.0195 + $.0206 +$.7206 +$.0225 SKIPPERS 2 SKIPPERS 2 SKIPPERS "2 SKIPPERS J SKIPPERS ¿.. + $.04512 + $.0476 + $.0476 +$.0501 v +$.0501 PETROLEUM 3 PETROLEUM 3 PETROLEUM 3 PETROLEUM PETROLEUM :IOURCE SOURCE SOURCE SOURCE .3 SOURCE 3 - $.01643 - $.01989 - $.02143 -$.02360 -$.02901 LOW BIDDER DETI~RMINED BY COIN TOSS m.I:U. . . ITEM -9 . l.IE.!:L..!1. 1:OOU.2. ~ l ;11>HKWAGOJ! TANKWAGON TANKWAGON TANKWAGON TANKWAGON I F.H. FOSTER ... 1 CONSOLIDATED 1 CONSOLIDATED 1 CONSOLIDATED 1 BP OIL 1 I + $.0700 + $.0690 + $.0690 + $.0790 + $.0867 BP OIL 2 BP OIL 2 F.H. FOSTER 2 A-I SPECIALTY 2 COASTAL 2 + $.0767 + $.0767 + $.0700 + $.0850 to + $.0950 CONSOLIDATED 2 F.H. FOSTER 2 A-I SPECIALTY 'l- BP OIL A-I SPECIALTY C- + $.0790 + $.0700 + $.0850 +$.0867 +$.1075 A-I SPECIALTY 2 A-I SPECIALTY 2 BP OIL z... COASTAL 2- SKIPPERS 'Z- + $.0850 + $.0850 + $.0867 +$.0950 +$.2500 COASTAL 2 COASTAL 2 COASTAL t.. SKIPPERS t.- CONSOLIDATED %- + $.0950 + $.0950 + $.0950 +$.1701 +$.2790 SKIPPERS 2 SKIPPERS 2 SKIPPERS z..- + $.1501 + $.1550 + $.1550 llfJL2. 1.:rn!:U..Q. ITEM 15 ITEM 20 l.IID:1..ll TRANSPORT TRANSPORT TRANSPORT TRANSPORT TRANSPORT COASTAL 1 BP OIL 1 BP OIL 1 BP OIL 1 BP OIL 1 - $.0055 - $.0025 - $.0003 + $.0019 + $.0015 BP OIL 2 COASTAL 2 COASTAL 2 COASTAL 2 COASTAL 2 - $.0041 - $.0025 + $.0025 + $.0025 + $.0075 PETROLEUM 2 PETROLEUM 2 PETROLEUM Z. PETROLEUM Z. PETROLEUM 1- TRADERS TRADERS TRADERS TRADERS TRADERS + $.0049 + $.0099 + $.0149 +$.0149 +$.0099 A-I SPECIALTY 2 A-I SPECIALTY 2 A-I SPECIALTY z.. A-I SPECIALTY z.. A-I SPECIALTY Z- + $.0195 + $.0195 + $.0195 +$.0195 +$.0225 SKIPPERS :2 SKIPPERS 2 SKIPPERS ~ SKIPPERS SKIPPERS 1- + $.04512 + $.0476 + $.0476 +$.0501 t.-- +$.0501 PETROLEUM 3 PETROLEUM 3 PETROLEUM 3 PETROLEUM PETROLEUM SOURCE SOURCE SOURCE SOURCE ~ SOURCE 3 - $.01643 - $.01989 - $.02143 -$.02360 -$.02901 LOW BIDDER DETERMINED BY COIN TOSS .DE:I...2. .uID:L1.Q. .ITID:I....1.2 l:IIDLl.Q. 1J:ID1...li TANKWAGON TANKWAGON TANKWAGON TANKWAGON TANKWAGON BP OIL 1 BP OIL 1 BP OIL 1 BP OIL 1 BP OIL 1 + $.0589 + $.0589 + $.0689 + $.0689 + $.0689 F.H. FOSTER 2 CONSOLIDATED 2 CONSOLIDATED 2 CONSOLIDATED 2 COASTAL 2 + $.0700 + $.0690 + $.0690 + $.0790 + $.0950 CONSOLIDATED 2 F.H. FOSTER 2 F.H. FOSTER 'L COASTAL 't.- A-I SPECIALTY Þ + $.0790 + $.0700 + $.0700 +$.0950 +$.1075 A-I SPECIALTY 2 A-I SPECIALTY 2 A-I SPECIALTY :z.. SKIPPERS 1- SKIPPERS ~ + $.0850 + $.0850 + $.0850 +$.1701 +$.2500 COASTAL 2 COASTAL 2 COASTAL z.. CONSOLIDATED + $.0950 + $.0950 $.0950 +$.2790 1- SKIPPERS 2 SKIPPERS 2 SKIPPERS ..... + $.1501 + $.1550 + $.1550 KEY(S) FOR RECOMMENDATION: (1) RECOMMENDED AWARD - LOWEST RESPONSIVE BIDDER MEETING SPECIFICATIONS; (2) ~ AWARD, RESPONSIVE, BUT NOT LOWEST BIDDER MEETING SPECIFICATIONS; (3) tlQ Þ.WARD, NOT RESPONSIVE TO BID; (4) NOT TECHNICALLY EVALUATED RECOMMENDED AWARD TO CERTIFIED MjWBE? YES_ NOl(. IF NO TO ABOVE, RECOMMENDED BIDDER RESPONSIVE TO MjWBE REQUIREMENTS? YES-Â- NO_ IF YES TO ABOVE, TOTAL DOLLAR VALUE OF MjWBE PARTICIPATION: $ CATEGORY:_ DOES EVALUATING DEPARTMENT CONCUR WITH RECOMMENDATION? YESÁ- NO_ REMARKS : *THÊ'FOLLOWING HAS BEEN PROVIDED AS PART OF THE AWARD PROCESS: (;Q CERTIFICATE OF INSURANCE, IF REQUIRED ( ) PERFORMANCE AND PAYI1ENT BOND, IF REQUIRED ( ) DEPOSIT/BID BOND, IF REQUIRED ( ) PUBLIC ENTITY CRIME SWORN AFFIDAVIT ( ) CERTIFICATE OF COMPETENCY, IF REQUIRED ( ) RELATED LICENSES AND PERMITS, IF REQUIRED ( ) \'IARRANTY INFORMATION, IF REQUIRED (,<) QUALIFICATION OF BIDDERS INFORMATION, U' REQUIRED '1 ....J:... \t~) I..C) ;:1::,; C'". Ç"~:I '0:"",' ,":, ''''':.ï (..".., I.·.....:·, :£:'";, ./::: (.....'. CJ'" .; I:;:' · / \ \ / Agenda I tem No. : ð'. () ..;¿ AGENDA REQUEST Date: October 10, 1996 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: October 15. 1996 Description of agenda item (who, what, where~ how much) : Purchase award - Sole Source for fire hydrant audit services to Metro Service Consultants. Inc. at an estimated cost of $57.500. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Metro Service Consultants. Inc. for fire hydrant audit services at an estimated cost of $57.500. Funding from account 441-5123-536-34.90. Sole Source Procurement pepartment Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): r____. Funding available: ~ NO Funding alternative ': (if a~PliCable)_ Account No. & Descrip!:ion: YY\-~l2~-s3((),~L{-(lO (% ¡- !n+(l-{~-f10l ~kí¡j ¡ Ú:) Account Balance: Þ "t21L-lln :!~ City Manager Review: Approved for agenda: @NO p;v} Hold Until: . Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Sr. Buyer cr-- THROUGH: Joseph Safford, Finance Director DATE: October 10, 1996 SUBJECT: DOCUMENT AnON - CTIY COMMISSION MEETING OCTOBER 15, 1996 - PURCHASE AWARD FIRE HYDRANT AUDIT SERVICES Item Before Commission: The City Commission is requested to award to Metro Service Consultants, Inc. for fire hydrant audit services at a estimated cost of $57,500. Background: The Water/Sewer Network has a requirement to audit 2,300 fire hydrants in accordance with City's ISO Insurance requirements. These services are available from Metro Service Consultants, Inc. at a unit cost of $22.50 per hydrant with an AutoCad service at $2.50 additional per hydrant. Pricing is based on the bid award to Metro Service Consultants via a Palm Beach County bid and other using entities as a sole source procurement. The vendor has submitted a sole source justification letter stating scope of work and pricing. See attached memo dated October 03, 1996. The Manager of the Water/Sewer Network recommends award to Metro Service Consultants, Inc. per attached memo dated October 07, 1996. Recommendation: Purchasing staff has verified with three (3) of the using entities and concurs with Water/Sewer Network Department recommendation for sole source award to Metro Service Consultants, Inc., at a estimated cost of $57,500. Funding from account 441-5123-536-34.90. Attachments: Memo Dated October 03, 1996 From Metro Service Consultants, Inc. Memo Dated October 07, 1996 From Manager Water/Sewer Network Memo Dated June 14, 1996 From Manger Water/Sewer Network ?D·:J. . - MEMORANDUM TO: David T. Harden, City Manager FROM: Michael S. Offie, Manager W/S Network SUBJECT: FIRE HYDRANT MAINTENANCE AL TERNA TIVES DATE: June 14, 1996. As a result of a discussion with Mike Cato, Division Chief, City of Delray Beach Fire Department, I was informed that aU City fÍre hydrants would be tested for operation at least once per year. Discrepancies would be reported by work orders sent to Water Distribution to repair or replace etc. In accordance with ISO criteria, aU hydrants must be operated once per year for three (3) consecutive years with documentation to) maintain the cities rating by ISO. In addition to the above, 10% of aU hydrants must be t:ImY. tested once p~r year. Water/Sewer Networks estimate of fire hydrants needing some type of cosmetic attention is approximately 40% or 920. Complete sandblasting, priming and painting is estimated at 25% or 525 hydrants. In my opinion, the fire hydrant audit should receive the highest priority for the following reasons: · Summary reports are provided listing all hydrants by manufacturer classification. · Summary reports on required repairs by category to include: major repairs, miscellaneous repairs, hydrants needing painting, hydrants out of service, hydrants requiring replacement. · An estimate for the cost of these repairs plus the time required for all repairs. · An estimate for sandblasting, priming and painting. · Palm Beach County has a contract with vendor that may be "piggy-backed". The hydrant audit will exceed the ISO requirement to flow test 10% of aU hydrants by a factor of 10. This alone may reduce the City's insurance premiums. The cost to contract this service is approximately the same as hiring two (2) positions except the audit is usually completed within a few weeks versus a year for in house personnel. Michael S. Offie MSO/laa cc: William H Greenwood file/hydmai r~1.... 'j METRO S,·:nVICE CONSULTANTS, 11'1C. 1'0. !lOX 1\(, ClIANNFLVIEW. TEXAS 77530 {~~ 171 ì)I'17-2404 FAX (713) 457-2419 )UIL " September 30, 1996 Ms. Jacki/~ Rooney Purchasing Department City ofDdray Beach 100 N.W. First Avenue Delray Beach, liL 3344,1 Jill: Palm Beach Cormty Documentation Dear Ms. Rooney: I have been asked to supr1y you with the following information and am pleased to supply the details of our bid results with P-llm Beach County, FL. Mr. William C. "Bill" !Ia:1thorn, 561/641-3416, is our contact l'er~,on at the County. As we understand, you would lil e to "piggyback" the Audit and AutoC:ld ~ ervice portion of that contract. J)ertinent documentation is provided for your use. The pricing of $:'2.50 for the Audti & $2.50 for AutoCad Service, per hydrant unit, is the pricing you will be intcre: led in using. Met! 0 SITvice Consult,¡nt" Inc., is pkascd to ofTer the City of Delray Beach the same pricing schedule as presented to Palm Beach County. You may elect to use any or aU of the services we ofJèrcd to the County, as well, and to modify these services as agreed upon between you and Metro Service. I have enclosed a copy of lhe bid and renewal information. If you should have any questions or W JuJd like to discuss any oFthis information, do not hesitate to contact me anytime. I remain, -J1~'~ ~'Jr()'-=Y1(!)~ Mina C. J {odlin, President & c.E.O. METRO ŒRVICE CONSULTANTS, INC Enclosun s: P,llm Beach County Contract Rf ;newal Information COMPLETE FIRE HYDRANT SERVICE - MEMORANDUM TO: Jackie Rooney, Senior Buyer FROM: Michael S. Offie, Manager Water/Sewer Network SUBJECT: FIRE HYDRANT AUDIT DATE: October 7, 1996 Fiscal year 1996-1997 Water Distribution budget included funding for a fire hydrant audit under line item 441-5123-536-34:90. Amount approved is $57,500.00. I recommend that we sole source this contract to Metro Service Consultants, Inc. as this company is able to perform required data acquisition, inputting, processing, and supplying Autocad 12 for the Engineering staff. They have extended the same pricing structure offered Boca Raton, West Palm Beach and other utilities, copy enclosed. 2,300 hydrants X $22.50 each = $51,750.00. Autocad is an additional $2.50 per hydrant. 2300 X $ 5,750.00 total for audit $57,500.00. Thank you for your assistance. ~~4Ø-· Michael S. Offie cc: William Greenwood !ì le:firehyd Oct-03-96 08:02A Metro Service Consultants 713 457-2419 P.02 . - - . .. - Î METRO SERVICE CONSULTANTS, INC. P.O. BOX 146 CHANNELVIEW. TEXAS 77530 (713)457-2404 rAX(713)457-2419 October 3, 1996 Ms. Jackie Rooney Purchasing Department City of Del ray Beach 100 N.W. First Avenue Delray Beach. FL 33444 Dear Ms. Rooney: Based upon infTomation available in the market place. no other company is capable of performing the services required by the City of Delray Beach. These services include gathering. inputting. processing information. providing custom O.D.B.C. connectivity using AutoCad 12 for Windows linking and providing our software to the Water & Sewer and Engineering Departments. per your requirements. The cost of the Audit including a single residual flow test is $22.50 per hydrant with the AutoCad service priced at $2.50 per hydrant. Other Utilities to utilize this or simular services including our Fire Hydrant Information Program and consider Metro Sel,rice Consultants, Inc. sole source are as follows: Metro-Dade Water and Sewer Department Brent McMahan 305/547-7004 City of Lake Worth Mike Thew 561/586-1671 Siesta Key Utility Authority John Lester 941/349-5971 The \Voodlands Joint Powers Agency lim Stenson 713/367-1271/238 Houston, TX City o1'Friendswood, TX Kaz Hamidian 713/996-3383 If I may provide further information, do not hesitate to contact me anytime. Thank you for the opportunity to provide the best in serivce to the City of Delray Beach. I remain. ~ rc-n¡~~ Mina C. Modlin. President & C.E.O. METRO SERVICE CONSULTANTS, INC. COMPLETE FIRE HYDRANT SERVICE · CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 15. 1996 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: ADD ITEM 8.0.3. TO THE CONSENT AGENDA: 8.0.3. Bid award to Otto Industries, Inc. for an additional 850 32 gallon sanitation rollout carts, at a total cost of $26,562.50 from 344-3711-534-52.27. . . Agenda I tern No. : focE AGENDA REQUEST Date: October 15. 1996 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: October 15. 1996 Description of agenda item (who, what, where " how much) : Emergency Purchase Award to Otto Industries. Inc.. for an additional 850 extra 32 gallon sanitation rollout carts. at a total cost of $26.562.50 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Emergency purchase of 850 extra 32 gallon sanitation rollout carts to Otto Industries. Inc. at a total cost of $26.562.~O Funding from account 11344-3711-534-52.27 (Funded from prior year surplm;) pepartment Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: @/ Approved for agenda<: NO cnl Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . Cf {'xi MEMORANDUM TO: David Harden, City Manager 'l FROM: Jacklyn ROO~ior Buyer '- (, THROUGH: Joseph Saffòf í -..' aI).ce Director DATE: October 15, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING OCTOBER 15, 1996 - EMERGENCY PURCHASE AWARD SANITATION ROLLOUT CARTS Item Before Commission: The City Commission is requested to approve the purchase of an additional quantity of 850 sanitation roll out carts to Otto Industries, Inc. , at a total cost of $26,562.50. Background: The purchase of these carts was previously awarded to Otto Industries, Inc. at the June 18, 1996, City Commission. The City is in need of these additional carts for several neighborhoods which rejected the 95 gallon cart and requested a 32 gallon cart. These carts need to be ordered immediately to start production for delivery to meet our requirements of the garbage collection contract. The vendor has agreed to extend to the City the same prices as awarded to them at the June, 1996, Commission meeting. Recommendation: Staff recommends the purchase of 850 extra 32 gallon sanitation rollout carts to Otto Industries, Inc. , at a total cost of $26,562.50. Funding from account #443-0000-301-46.00 (Prior Year Surplus) to #433-3711-534-52.27. g'·O·j. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [).-/1 SUBJECT: AGENDA ITEM # qA· - MEETING OF OCTOBER 15, 1996 EXPANSION OF WATER TREATMENT PLANT SITE DATE: OCTOBER 11, 1996 This is before the Commission to consider authorization to proceed with negotiations for the purchase of three residential properties immediately east of the Water Treatment Plant to accommodate a new chemical storage building. Appraisals for the three properties total approximately $150,000. The Water Treatment Plant and other Utility Divisions currently share storage space with Public Works in a building within the Environmental Services Department compound. This storage area contains no provision for secondary containment as required for chemical/controlled substance storage in a wellfield zone. Acquisition of the properties along S.W. 2nd Avenue will provide a strategic location for chemical storage. There is sufficient area for construction of a storage building to accommodate the needs for plant chemical storage while providing secondary containment features required for chemicals used in daily opera- tion and maintenance activities such as phosphate and polymer. Additional benefits of the proposed land purchase will include space for additional parking facilities for Environmental Services/Public Works employees (a current chronic problem) and an increase in the controllable buffer area around the chlorine storage room at the northeast corner of the plant. This is of concern in the event of a gas chlorine leak. Recommend pursuing negotiation for acquisition of the three properties east of the Water Treatment Plant. C~ ¡; Ú/LCJU..¿ t1t.L9~ Agenda Item No. C¡I1 AGENDA REOUEST Date:October 11, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When:October 15, 1996 Description of item (who, what, where, how much) : Staff requests Commission Authorization to pursue negotiations for the acquisition of three (3) residential properties immediately east of the City's Water Treatment Plan site for construction of a chemical storage facility to be used by the WTP for onsite storage of non-hazardous chemicals used in the water treatment process. Current storage facilities are inadequate in size and do not provide secondary containment facilities as required for chemical storage in a wellfield zone. Composite appraised value of the parcels is approximately $150.000.00. Funding for the acquisition will be proposed from Capital Outlay. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO n Department head IÓ'II- (, Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds) : Funding available: YES/NO Funding alternatives if applicable) Account No. & Description Account Balance City Manager Review: @/NO Approved for agenda: [flV) Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden City Manager ~ FROM: Richard C. Hasko, P .E. Asst. City Engineer SUBJECT: EXPANSION OF WATER TREATMENT PLANT SITE PROJECT NO. 97-003 DATE: October 11, 1996 Attached is an Agenda Request soliciting Commission Authorization to pursue negotiations for the purchase of three (3) residential properties immediately east of the City's Water Treatment Plan site (refer to attached sketch). The additional land is needed to accommodate a new chemical storage building for use by the WTP for onsite storage of non-hazardous chemicals used in the water treatment process. The WTP currently shares storage space with Public Works in a building within the ESD Compound. Storage space in this facility is limited relative to the number of users and there is no provision for secondary containment as required for chemical/controlled substance storage in a wellfield zone. Acquisition of the properties along S.W. 2nd Ave. will provide a strategic location for chemical storage in terms of access for deliveries and proximity to the WTP chemical room. There is sufficient area for construction of a storage building of adequate size to accommodate the needs for plant chemical storage while providing secondary containment features required for chemicals used in daily operation and maintenance activities such as phosphate and polymer. Additional benefits of the proposed land purchase will include space for additional parking facilities for ESDlPublic Works employees (a Current chronic problem) and an increase in the controllable buffer area around the chlorine storage room at the northeast corner of the plant. This is of concern in the event of a gas chlorine leak. Appraisals for the three (3) properties total approximately $150,000.00 and funding for the acquisition will be proposed from Capital Outlay. Please place this item on the October 15 Agenda for Commission consideration. RCH/gm Att: cc: William H. Greenwood, Director of Environmental Services C. Danvers Beatty, P.E., City Engineer Don Haley, Manager of WTP file: Project #97-003 file: s/ eng/ eng/proj ects/97 00 3 / offi c iallbudm em 0 .doc :rHÀ'Í'CH.ER CITY OF DELRAY BEACH 16:17:54 M. A. F. tX>UNTY TAPES INQUIRY 6/18/96 ~ (Opt. 1 ) GENER' I N FOR MAT ION '1 PID': 12 43 46 20 07 000 0080 prop.Addr: 119 SW 7TH ST A/c Type: NONE I Prop. Descrp: SINGLE FAMILY Bathrooms: 1 Stories: 1 Owner Name: RODRIGUEZ LUIS B & CANDIDA R Roof Structure: GABLE OR HIP Owner Addrl: 119 SW 7TH ST Roof Cover: Owner Addr2: DELRAY BEACH FL Heating Fuel: NONE Owner Addr3: 33444 Heating Type: NONE Ext Wall-I: CB STUCCO Legal Descrp: NICHOLS 1ST ADD TO DELRAY BCH Ext Wall-2: LT 8 Int Wall-I: PLASTERED Int Wall-2: Int Floor-I: TERRAZZO MONOLI Int Floor-2: CF3: End CFI2: Backup CF4: Menu CF6: Search Enter: Next FI: HELP · , THATCHER CITY OF DELRAY BEACH 16:16:57 M. A. F. "QUNTY TAPES INQUIRY 6/18/96 (Opt. 1) G ENE R A I N FOR MAT ION '1 PID': 12 43 46 20 06 000 0091 Prop.Addr: 124 SW 6TH ST A/c Type: NONE ~ ~ Prop. Descrp: SINGLE FAMILY Bathrooms: 1 Stories: 1 OWner Name: ESTIMON WILHERME & Roof structure: GABLE OR HIP OWner Addrl: ESTIVERNE CLEUS Roof Cover: OWner Addr2: 124 SW 6TH ST Heating Fuel: NONE OWner Addr3: DELRAY BEACH FL 33444 Heating Type: NONE Ext Wall-I: CB STUCCO Legal Descrp: SELLERS ADD, DELRAY BEACH Ext Wall-2: W 57.5 FT OF LT 9 Int Wall-I: PLASTERED Int Wall-2: Int Floor-I: CARPET Int Floor-2: CF3: End CFI2: Backup CF4: Menu CF6: Search Enter: Next Fl: HELP XHÀ-rCHER CITY OF DELRAY BEACH 16:16:18 M.A. F. "'OUNTY TAPES INQUIRY 6/18/96 (Opt.1) GENERl I N FOR MAT ION 'I PID': 12 43 46 20 06 000 0080 ~ Prop. Addr: 125 SW 6TH ST Ale Type: NONE Prop. Descrp: SINGLE FAMILY Bathrooms: 2 3- Stories: 1 Owner Name: SAUVEUR GERARD & PAULA Roof Structure: GABLE OR HIP Owner Addrl: 125 SW 6TH ST Roof Cover: Owner Addr2: DELRAY BEACH FL Heating Fuel: NONE Owner AddrJ: 33444 Heating Type: NONE Ext Wall-I: CB STUCCO Legal Descrp: SELLERS ADD, DELRAY BEACH Ext WaI1-2: LT 8 Int Wall-I: PLASTERED Int WaI1-2: ~ Int Floor-I: TERRAZZO MONOLI Int Floor-2: CF3: End CF12: Backup CF4: Menu CF6: Search Enter: Next PI: HELP . I "' 10 \ ' . I í '- - ~~ " ( ® P, 1- '3-1 t', -- - ~ J: .;......- ~ ;,:) WA TER ~ORKS ,~ (\ I 1 '" ~ 4- ~ '1/'/ ./ \ ~ ~ .,- ; :;..-' .,,- 'f: .: - ¡' l \ 70 -, , 1 ) Vi 1.- .S\~ . ,- ~ II ,2 " I' /" --'" / f " :. 7 . \ þ ~ t '3 ; /' ./ '" 1.\ ð- o ,.. ,,- . - - , \ '" 4>+ 164- ~~ 70 C~ - - - ID 'l J'l-. 1'5 14- I~ ,,, ,7 Ie 10 1\ \1- ,1- 14 '" ? 0 ~~ - î \~ '" , .,,- /' .,- ,,¡I ,,; ,- o / '" /' / ". c- t d -1) ÖS' - /' \ - 07 ";'" ~ 13~ ~ í rb -~ - :v ...,,., '"".~ C-> . / )y (- \ '3~O ~" © - \~?) / . )/~ ç \ - . ? 3 A :iI I - ) 3D4> i '" 2.¿ I 2 . // 9°2./ . .¡ ~:t-J - I ~ 1- . .~j A- I!) ~ ::-;;." I.~S A( ;.. I~ ~ /~ (\1- ,.. . ;/ ./ C,'..o 0 dC . ;r, r1 Íi'1<'1I ~ !~ 110 ~ -"z ,1. Ln· lJ . iJ- "-. / - ijI .;J '1 - \ " . , S. YV. "" ,E"!' .. - "'7 .., rZ ., 2 ,,~ ~1' t;,Q .0 65 15"· 70 7{" 78 " ~ I ,.. "., - .- J-; 1- "i 1..\ ~.\ '... 1... /, I .~ \ 3·\. A,\ N !.- ~ It.\ .!).I b.t 1.\ g.J" 9.1, ./ = y./ ;/ , '" /;; ~ :3 .kÙ ./ - /' ;;: /' '" 1, /" ." ..,... ~ " .. r.i, .- _: - .,5 , .!>' RI -.. > .2¡;'2.. . ,., '0 '0 I...... 1 <::" i.f : < <I <:( ~ I'~ f3 JJ.;l 9.\ g~ 1.\ ~ N 11 ' A.\- I~ .' C - .- I ~iÍ ./ \1.' I"" ¡s.' I'" .\ l~) 1'1-·\ II ~ ../ /' ' :: C\J ' /' / ./ /" = - , j¡) I {..ð loti ./ ./ /' ....- '-- ~ :' 5"._' 70 (,,, - "" 73 - .¿T,') . - t . - 'V - 8~ CT \ <::. /6 tJI ., { . '- It¡ (" I ;-:' - ''-l;¡:-~ 71. 11.- 1. ~ I -', \ r~ b" -- '-' - \ ;to ~?; ~!~ -c ;: '" _ ì12'.4: ~ ! - /1- 4 @ 1- J I -3 = ~ ~4 <t' \ 3' 4}- . ,-,I OJ ~ ;-J1-¿ (.0 ./'" '..... /~ '" (. ---.2 ~I - - õZ\ ./ 70 ï· ¡ /, ./ ,... 3 32) 32 ,~~3",,- ',('",: H..¿. 02. -""(Õ2 . ~ ~ ~fo ~'. Ì' .' / 7f) 70 bO hD 0.... S I a ì'~ !3" . (é;; - ? & 1 \~,90 1(1.1 I\~I¡ , \ ,,.: 1. 4.... 1 ./ ....- ...."" r~ 10 ......'- \ , 1 \/ (/ '/ I~' y:;;.-" ::7 -- = " -0 /2 ~ ~ '.Q 8.i. - 1\.- ~ .- \ u, \ 1-3 . '- . L' !. ,,¡I - - ,,¡I , - : ~'- $: ·W - ,9 T!è ST. -,- FIR ~ Ç'O 80 I~O . - I:;'Y /... -. '. (B~<I;"'''''' _11.''':1) " - ,. ," ~... I'~ rr . r--- 'Ii;. 9,,1 ~' '~1. 1ft I z. ~- 4-" ~ úI ~ (1 681 ... L,,:, ;:, ~. "':.03 ~ ,;' 1- ;/ ~ :/ ~ -n ¡{fî1 \ ~ I~ 1.' 1\' 16-" Ib ... ;..... .- -... ',,,I. ~ . -~ · '12 .... ." '.I, ./ -'" ð 1~f61 I ~ t, D' ". ¡...~.:~ ":'j r .' - "/ . "v' () , , -;... ~ . .~ I ~ ~ -, s/ .. ~ f ';:!»'~I ~ .,!f ¡@ ¡ IJ h, 11--.1 . I ~ . :. ~~, -~ ~~ ~:J ~'" :;1 75 ,no ~ 6, './ . . r,õ I' i f.'\ "S I . 50 ~ I ì .. ,,-no. ( J -' I \ -I- . .' , ,- I ," · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Lfft.-/ì SUBJECT: AGENDA ITEM # q 13 - MEETING OF OCTOBER 15 , 1996 REOUEST FOR FEE WAIVER/GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH DATE: OCTOBER 11, 1996 This is before the Commission to consider a request for waiver of land development processing fees for the Greater Mount Olive Missionary Baptist Church to establish a child care center at its 40 N.W. 4th Avenue location. A change in zoning and abandonment of an alleyway are needed in order to develop an off-site parcel of land as a playground area. Fees associated with the land use portion of this project include $900 for rezoning, and $500 for abandonment of right-of-way. Pursuant to LDR Section 2.4.3(K) (7), waiver of fees may be granted by the City Manager upon a written request from eligible service organizations and non-profit organizations that receive funding from the City or United Way. By this criteria the Church is not eligible for a waiver using this process since they do not receive City or United Way funding. However, the Commission may want to consider granting a waiver, as the City has had good reciprocal working agreements and arrangements with the Church for parking at Tennis Center events, etc. Recommend waiving the land development processing fees for the Greater Mount Olive Missionary Baptist Church. ~~ Jf-o 'k U· (ìV1 \ TO: DAVID T. HARDEN CITY MANAGER ~~ THRU: DIÄNE DOMIN~~CTOR DEPARTMENT OF PLA ING AND ZONING ~ FROM: SUBJECT: MEETING OF OCTOBER 15, 1996 WAIVER OF PROCESSING FEES FOR GREATER MT. OLIVE MISSIONARY BAPTIST CHURCH I:;::::::::·::,::.::·::::::::,::::,:::::::::::::::i::::i:,::::::::::::::,:::::'::::::::::::::llmlll:::lilg:11111:::II:::II;i::IIIIIIIIII:::::::::::::::::::::::i:::::::.i:::::::::i::::::::::::::::::::::::::::::::::i::i:·:::;:::::::1 The action requested of the City Commission is that of waiver of the land development processing fees for the Greater Mt. Olive Missionary Baptist Church. ". H H. H H H H H. H H H T:.r r.. H:.. H ..:H'.:.,H,T:,r H HH' H.H H' H H H. H H H H H H H. H HH .H'H H H. H H H. H H HHH., H. H H H H H H H H. H H H H. H H H H H H H H. H. H H. HH H H H. H H H H H.H. H. H. H~ ,::::i:::::::::::::::::::::::::::ii:i:::::::':::::::::::::::::::::::::::::::::::':::::::::::::::::"::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::'::11111111111'::::::::::::::::::::::::::::::::::::':::::::i::::::::::::::::::::::::::::::::::::::::::'::':::::::::::::::::::::::::::::::::::::i::::::::::::::'::::::::::::::::::::::i:::i::::: The Greater Mt. Olive Missionary Baptist Church is seeking to establish a child care center at its campus on N.W. 4th Avenue. In order to do so a change in zoning and the abandonment of an alleyway are needed in order to develop an off-site parcel of land as a playground area. The fees associated with the land use portion of this project include: * Rezoning $900.00 *Abandonment of Right-of-Way $500.00 The church has asked that the City waive these fees, for reasons as stated in the attached letter from Charles Broadnax, Chairman of Trustee Board for Greater Mt. Olive Missionary Baptist Church. - City Commission Documentation Waiver of Processing Fees for Greater Mt. Olive Missionary Baptist Church Page 2 Pursuant to LOR Section 2.4.3(K)(7), the waiver of payment of processing fees and permit fees may be granted by the City Manager upon a written request from eligible service organizations and non-profit organizations that receive funding from the City or United Way. While Greater Mt. Olive Missionary Baptist Church is a non-profit organization, they do not receive funding from either the City or the United Way. Therefore, they are not eligible for a waiver under the City's standard process. However, the City Commission may want to consider granting a waiver for the reasons stated in Mr. Broadnax's letter. I":": "'t"·" "":""""""""" "" """ ":""""""""" """:""" "i'·":'"" "":"i":":"""" "":""":""" "i"" "":""":".""". ":"I";'i"! ""i!·:·¡"·"" "¡" "¡¡"i":I!"!"," "'"¡"i"I"" ":"I"!"¡··"· ":"I"!"!"."!!":"¡"'":":"'"'!"¡"!"::!":!" "!;¡"¡¡lililr ":".r"""""""""""""""""" """':"¡:""""."" "".."."" "".""""""""""""""""" "" """ """""" "i :::::::::;::::::::::::::;:::::::¡¡=::::::::::::::i.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::IIIIIIIII:III:i.111111:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::i.:::::::::'::::::::::::::::::::::::::: Commission discretion. Attachment: Letter of Request from Charles E. Broadnax, Chairman of Trustee Board .. . - §'r-Eater. cIlI(t. <0 [íUE cIlI(Üj.wna'r-!J !Baþtíj.t Chu 'r-ch 40 NW. 4th Ave., Delray Beach, Florida 33444 Phone 276-5196· Fax 243-9880 September 6, 1996 .. City of DeIray Beach Planning and Zoning Department Delray Beach, Florida 33444 Dear Sir: The letter is to request a waiver for the processing fee of$500 for filing the application for the abandonment of Right-of -Way for the alley separating our property in Block 28 and the processing fee of $900 for filing the Rezoning Application for Lots 4.1 and 4.2 in Block 28. We are requesting this waiver because our reciprocal agreements for parking arrangements which has benefited the city of Delray Beach (the American City) during your tennis events. We have been very supportive and cooperative in allowing the city to utilize our parking lot for the Delray Beach Tennis Facility. Therefore, we asking the city to waiver the fees for the above two applications which will help us to rezone our general commerce property to match our existing property which is zoned community facility. We hope that you will be supportive of us as we implement our plan for the Mount Olive Campus which will have one of the best educational facility in Delray Beach. With your help in securing this Right-of- Way abandonment of the alley and the re-zoning will help us to implement an essential part of our plan for a child care facility. Thanks in advance for this waiver. Sincerely your, C~~. Charles E. Broadnax, Chainnan of Trustee Board cc: Mr. David Harden, City Manager ; ~ ...., .~ . !. ;.; ': ,', . ,", ': "-~.<~" ·i í .:' ".,.;~./f SEP 13 t996 pt¡i,NNING &. ZONING cRw. ...£e:na'td C. Jol'mj.on, Q:Jaj.to't · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [;/viI SUBJECT: AGENDA ITEM # qc· - MEETING OF OCTOBER 15, 1996 REOUEST FOR EXTENSION OF CONDITIONAL USE/STRAGHN AND SON FUNERAL HOME DATE: OCTOBER 11, 1996 This is before the Commission to consider granting a request for extension of Conditional Use Approval for Straghn and Son Funeral Home located on the west side of S.W. 5th Avenue approximately 150 feet south of West Atlantic Avenue. The subject property is located within the GC (General Commercial) District and West Atlantic Avenue Overlay District. The development proposal is to construct an 1,800 square foot chapel addition, 33 parking spaces, and associated landscaping. At its meeting of August 8, 1995, the Commission approved a conditional use request, and on September 25, 1995 a site plan application was submitted. Technical comments were transmitted to the applicant's agent on October 19, 1995; however, revised plans addressing them were not submitted until October 8, 1996. As a result construction has not begun and, unless an extension is approved, the conditional use for the project will expire on February 8, 1997, which does not allow sufficient time to obtain permits and construct 25 percent of the improvements. Pursuant to LDR Section 2.4.4(F), extensions may be granted to a previously approved application if a written request for an extension has been received by the City at least 45 days prior to the expiration date and that, if granted, shall be for 18 months unless otherwise stated. A written request in which the basis and reason for the extension is set forth was submitted in a timely manner. Staff recommends approval of the request for an extension of the Conditional Use approval pursuant to LDR Section 2.4.4(F) (Extensions) , and Chapter 3 (Performance Standards) , to be valid for 18 months with the condition that the site plan approval be obtained within six months (April 16, 1997) . Recommend approval of the request for extension of the conditional use for Straghn and Son Funeral Home. rJpp!l~ (VJ ~ Lj-o (, // L\ (. -;C !) l , 11_11__1. TO: DAVID T. HARD CITY MANAGER THRU: DEPARTM OF P NNING D ZO G FROM: EY A. COSTEllO OR PLANNER SUBJECT: MEETING OF OCTOBER 15, 1996 REQUEST FOR AN EXTENSION OF A CONDITIONAL USE APPROVAL FOR STRAGHN FUNERAL HOME. I:'::::'::'::,:::::'::::::::::::::::::::::::::::::::'::::::::,:::'::::'::::::::::,:::::::::::,111111::::1111:111111'::11:::111:::11111&111:::::::::::::::::;::::,'::::-::::::::::::::::::::::::::::::::::-::::,::::::::::::::::::::::::~ The action requested of the City Commission is that of granting an extension of a Conditional Use approval for Straghn Funeral Home. The subject property is located on the west side of S.W. 5th Avenue, approximately 150 feet south of W. Atlantic Avenue, within the GC (General Commercial) zone district and West Atlantic Avenue Overlay District. J:':::::::::::::::::::::'::::::::::::::::::'::::::::::::::::::::::::::::::::::::::::,:::::,::::;:::::,:::::::::::,:::::::::::::::::::::::,::::::::::::::::::::::::::::':::::::III:IIBIIIII::::::I:::::::::::':::::::,:::::::::::::::,::::::::::::::::::::::::::::::::::::::::::::::::::':::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;::::::::::::~ At its meeting of August 8, 1995, the City Commission approved a conditional use request for Straghn Funeral Home with the condition that a site plan application be submitted and approval obtained. The development proposal is to construct an 1,800 sq.ft. chapel addition, 33 parking spaces and associated landscaping. The proposal required rezoning of a vacant parcel immediately south of the existing funeral home from RM (Medium Density Residential) to GC (General Commercial) in order to accommodate parking for the proposed chapel addition. The rezoning was approved on August 8, 1995. On September 25, 1995, a site plan application was submitted and technical comments were transmitted to the applicant's agent on October 19, 1995. City Commission Documentation Meeting of October 15, 1996 Straghn Funeral Home - Request for Extension of Conditional Use Approval Page 2 However, revised plans addressing the technical comments were not submitted until October 8, 1996, almost a year later. Thus, construction has not commenced on the project. Unless an extension is approved, the Conditional Use for the project will expire on February 8, 1997, which does not allow sufficient time to obtain permits and construct 25% of the improvements. ,::::::::::::::.:::~:.~:::.::::::::::::::::::.:::~:.::::::::::.:::::::::::::::::::::::::::::~::.:::~!t!t~:¡:::~\:::::¡l::!::l::~II1\§IIJ.II·::II!líill~I::::::::::::::::::::::::::~:::~:~:II~::::::::::::::::::::::::::::::::::::::::::::::::::::~~::::~:~:~\¡I:'::::¡:::::::::::::::::::::::::::::.:::\~ Pursuant to lDR Section 2.4.4(F) (Extensions), extensions may be granted to a previously approved application pursuant to the following: · A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; · The letter must set forth the basis and reason for the extension; · The extension shall be considered by the same body which granted the original approval; · The extension, if granted, shall be for eighteen (18) months unless otherwise stated. Additionally, when an extension is requested for a project on which construction has not commenced, or construction has not been deemed substantial, the granting body must make findings as outlined in Article 3.1 of the LDRs. These are the same findings that were made for the original approval, which relate to Consistency with the Future land Use Map and Comprehensive Plan, Concurrency, and Compliance with the land Development Regulations. The letter of request was submitted by the owner, Alfred "Zack" Straghn, in a timely manner. The basis for the request is that the Mr. Straghn has been in the process of changing the architect, who had to redraw the plans, as well as hiring a landscape architect and civil engineer. There have been no changes in the Land Development Regulations since the time of the original approval which would make any aspect of the proposed chapel non-conforming. Similarly, a finding of concurrency can be made for this project with respect to the Level of Service Standards (LOR Article 3.2). Revised plans addressing staffs comments were submitted. Final action on the site plan rests with the SPRAB (Site Plan Review and Appearance Board) and is anticipated in November. City Commission Documentation Meeting of October 15, 1996 Straghn Funeral Home - Request for Extension of Conditional Use Approval Page 3 I······ ................................. ....:'........ 'liIil1":1"" .... ·Iiill"l···· ·!I·········· 'r!'" ···""iT·;-·····························..···········..··· '1 ....................................................................................... ................................................... ........................................................................... :~:::::mI:~:~:~~~~~:~::::::::m:~:::::~:~:~~:~~:~::::::::::::::::::::::::::~:~~~~~~:::::::::::~:::::::~::::::::::~:~~~~~::~:::::::::::::::::I§§..IM:g§g:::II;EJ.II::::~:::::::::::::~::::::::::::::~::::::::::::::::::::::::::::::::'::::::::::::::I:::~:::::::::~:::::::::::::::~:::::::::::::::~::::::::::::::::::::: By motion, approve the request for an extension of the Conditional Use approval for Straghn Funeral Home, pursuant to LOR Section 2.4.4(F) (Extensions), and Chapter 3 (Performance Standards); said approval to be valid for eighteen (18) months, with the following condition: 1. That site plan approval be obtained within 6 months (April 16, 1997). Attachments: · Request Letter · Location Map · Sketch Plan i 15"ó" ~trngqn & ~nn ALFRED "ZACK" STRAGHN Wri-OIittl Jff un~rnl ~nme, ;1Jnr. TERESA M. FRAZIER Owner RANDY STRAGHN 26 Southwest 5th Avenue - Defray Beach, Florida 33444 Ucensed Funeral Directors Phone 407-272-8396 Fax 407-272-0774 September 9, 1996 to: Mr. Jeff Costello Senior Planner FRON: A1fred "Zack" StraghD µ. RE: Conditionai Use Modification Extensíon Please be iDforrned that I would like to request a Conditional Use Hodification extension for the chapel addition at Straghn and Son Tri- Ci ty Funeral HOJ:1e, This extension is needed because I had LO change my architect. J¡t~llW1EIDt SE? 10 \996 ''-'' PlANNING & ZONING ~ ) " . . .. I I I J I II I "I I I I 1-' I L-..J L-.J I I I 1II.W. '~n srR U I Ie ~ 11= l'iI "--- I... I~ ~ ..... Inl ~ - - L.-- B: - Ii cm - - .r- HALl 'I II - n L - I N.w. mID [[] om. 0 ..J 1:& Ii I ~ ~~i¡ -¡: )! z~ z z - - . n~ i--- I . S~~ TEN"IS 1 I IIIIllIIIIll STADIIN I ATLANTIC , AVENUE I II U. I ~ ~ pouœ SOUlH D£PAR11IENl COUN'N - COURl - - HOUSE -- ! < ~ . - < - - - - 1S1 ST. S.W. I !!! :¡ I- I--- ~ < GO fie f-- I--- f-- æ ~ - i--- i--- C ¡: 1i iii H ~ ~~ì I ~ e I 1 - ~ - - - f- s.w. 2ND ST. I "'< litE rr 1111 I I I ~ 0 S 2' · 0 ffim _ en )". ...,j':l-¡: . ¡...: f \ iii I Tl HI ¡: . I t-- )t 1/ I I "- uS ¡ I'" III iii T I iii I ~ III N STRAGHN FUNERAL HOME ~ DEPAIf1MEHT a1Y Of' IIEUIA y øu.ai. F\. - DlfJlTAI. MSF IIAP ~ - ~ I~ t r-- ; I I I G:I I I N ~ r..: ¡ ~ - ¡ , /<:?,_ ~.O€ / -i- I ... ~ N '.- . I i ~ N ...,s) "0 ('t) . "c:::::::I ~ , S¡ I . O:£s:' ...( V , ~~ ~ ~~ ÇZ C) , '. Ò ~C:O~ ",0 () ~ IWa ~~ ~~ V I ~~~ ~ ,0 :>S t ~ ~~~~ () ~~ ~ ~ 0 ¡.. "'~ I/) It) ~~ ~ " ... , ..~ , I .9~ê ' , -þ 'O'=' , ~ . ~ <:¡ ,.) '\ III . ~~~~ ~~ , p. ~o C \0 "'~~~ t\,;0 ~ . JI') ,~ , . .~. ... - ~ '\ ~ " .; < ~ -' -: -:: :::...~} I" '! , ~ ::: '. . -þ '0" I i ~ ~, \.) ~. , ~ ~*~ I.¡ , . ~~~~~'>..:::~:~.<.~~.~.!~~ I~ <:J '\ ...:..:.;::.~./.::; ~~æ¥ ~ ~ . , ' ...... ~ ". .'. (!) - .,~ ~ ~.:. ..:~. :'. '."." ~~>.~.:..: ~'~ :".:: .:.~.~..:. ',' .,:' :"', ~ :...~..~,... :~..". ': .,...... ,.~ ~ . .'. ." -:.~~. '" \. ',' , ""'.' ..:' ':..:---';.: ...::.~ .... ~~.~~~~~~ .,.~ " I '·t.. ! I~ , ":,~ "- , HI . I L;> !' , ì~l~ " ~ ~ ~ >!' ~ ~ ::: t I ~ .¡ ., I~ .., Ii \l} . v, , \r\ ) '~il ,01 J ~ 'j <o::t ..... __ r') r-- (f) .... tI\ 10 t-k ,j. en .......... ........... '" '" C\ ,¡'il IY) . '.' '1. v ~ " i . <.. ..d ~;,. .I N ", I .' - I~~ I ~ 1 'I' - i I ·jt -----r-'':' ~ . I I i ~ ,~~,¿.:.:~,,%~~L ~%~~~~~~~~~¥~ I ¡ ~ ;: ,\:5'. 8\:/ -, LU .~ ..: t"'" ~ "-...:' - - ,I <" + ' . D i STRAGHN FUNERAL HOME I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~¡v'1 SUBJECT: AGENDA ITEM # qb. - MEETING OF OCTOBER 15, 1996 FEASIBILITY STUDY/SHALLOW WATER ARTIFICIAL REEF DATE: OCTOBER 11, 1996 This is before the Commission to consider authorizing a feasi- bility study for the proposed shallow water artificial reef (snorkeling reef) in the area of the municipal beach. Permit requirements have been received from the Florida Department of Environmental Protection. Coastal Planning and Engineering has presented a proposal to provide engineering and environmental analysis services which will address location criteria, engineering and construction requirements, and provide cost estimates for reef planning, design and construction. The cost of the feasibility study proposed by Coastal Planning and Engineering is $3,905.37. Funding is available from recreation impact fees (Account No. 117-6111-519-34.90) , through budget transfer from prior year surplus, recreation impact contribution. Recommend approval of a feasibility study for the proposed shallow water artificial reef in the area of the Municipal Beach. PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: D~. City Manager 0(;, - ~ R~ CII" M ~ THRU: Diane Dominguez. irect~~anning and Zoning 4~""",,, , r¡t:p John Walker, Project COOrdin~ áJß-' ICt FROM: DATE: October 1, 1996 l/I SUBJECT: SHALLOW WATER ARTIFICIAL REEF This is a follow up to our meeting in August to discuss direction for a nearshore artificial reef in the area of the Municipal Beach. We determined that the next step would be to: . Get information on permit requirements from the Florida Department of Environmental Protection (FDEP). . Solicit a proposal from Coastal Planning & Engineering (CPE) to develop a feasibility study with locational criteria and preliminary cost estimates. Both these items have now been received, and copies are attached. I believe the results of the feasibility analysis will give the City Commission sufficient information to decide the next steps - proceed with design as a City project, joint venture with Palm Beach County, etc. The cost of the feasibility study is $3,905.37. Funds are available in the Beach Restoration Fund. Looking ahead, funds may be available from the State for reimbursement of a portion of the construction costs, but study and design costs will not be reimbursable. Please let me know if you would like the proposal to go before the City Commission for authorization, or whether it can be approved administratively. Funds available from 117-6111-519-34.90, pending a transfer from prior year surplus, recreation impact contribution. COASTAL & OCEAN ENGINEERING COASTAL SURVEYS ÇOASTAL PLANNING & ENGINEERING, INC. BIOLOGICAL STUOIES GEOTECHNICAL SERVICES BOCA RATON: 2481 N.W. BOCA RAiON BOULEVARD, BOCA RATON. FL 33431 (407) 391-8102 TELEFAX: (407) 391-9116 JACKSONVILLE: 1542 KINGSLEY AVENUE. SUITE 142E. ORANGE PARK. FL 32073 (904) 264-5039 TELEFAX: (904) 264-5039 TOMS RIVER: 250 WASHINGTON STREET, SUITE B. TOMS RIVER, NJ 08753 (908) 244-3366 TELEFAX: (908) 244-3664 00296 t:~:ò.: . September 26, 1996 ~Æ(clli: ITWIEJD) Mr. John Walker SEP 30 1996 Project Coordinator City of Delray Beach PLANNiNG & ZON(NG 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Engineering Services Proposal for the Proposed Shallow Water Artificial Reef Dear John: This is a proposal to provide engineering and environmental analysis services for a proposed shallow water artificial reef. This proposal is for a feasibility study which will address artificial reef location criteria; investigate the study, engineering and construction requirements; and provide cost estimates for reef construction and associated professional services. The City of Delray Beach has one of the most successful beach maintenance and preservation programs in the United States. Through beach renourishment, the beach has been maintained and enhanced despite its location in a region of chronic beach erosion. Nevertheless, the construction of the proposed nearshore artificial reef could effect the City's beach renourishment program. The feasibility study will address the location of the artificial reef, identifying areas which will preserve the City's ability to maintain the beach while providing a shallow water artificial reef site. Additionally, the feasibility study will list project requirements and cost estimates for artificial reef planning, design, and construction. This is a proposal to provide the following services: (1) Study of the artificial reef location, considering the potential effect of location on the beach nourishment program. Specific considerations to be addressed, at minimum, are as follows: (a) Location of the artificial reef in relationship to the theoretical equilibrium toe of fill for the beach renourishment project. The 1992 beach renourishment fill will be used to determine minimum distances from shore. (b) Location of the artificial reef in relationship to the mixing zone established for construction of the beach nourishment project, using the 1992 mixing zone variance limits. (c) Location of the artificial reef in an area which will not interfere with the acquisition and transport of offshore sand onto the beach. Included will be areas · . 00296 September 26, 1996 Page 2 which have been identified through geophysical study and areas which are likely to contain sand resources. (d) Location of the artificial reef in an area as near to shore, and as accessible, as possible (while avoiding problems with the beach renourishment program). (e) Location of the artificial reef in an area along the coastline, or fronting the public beach, which meets City criteria for lateral positioning of the artificial reef. (t) Consideration of "traditional" and established diving sites, such as the Delray W reck site at the southern end of the public beach, as sites for shallow water artificial reef establishment . (2) Presentation of the required steps to establish the artificial reef related to environmental, engineering, cultural resources and other important considerations. (3) Cost estimates for the following required items: (a) Field studies (mapping of bottom area, environmental, etc.) required for the design and permitting of the artificial reef project. (b) Engineering services (planning, design and easement and permit acquisition). (c) Construction cost estimate. The cost to provide the services for the feasibility study is $3,905.37. A cost spreadsheet is enclosed for your review. If you should have any questions, please call me. Sincerely, cc: Thomas J. Campbell, P.E., CPE Craig Kruempel, CPE Liz McCarthy, CPE d: \palmbch\delray\arltrprp .239 COASTAL PLANNING & ENGINEERING, INC. ¡:l., O~ ~8 or) 0 . <r'! V ."';N 0 ~N::: U {,'}{,'} 00 e.:;¡¡:l., O~ Z~ V V"';O . M V UJO {,'}- U {,'} F-< ",0 0 '-O'C! µ.. .q"",,;'O 0 ~ .q ",0 < (,'}N U 0 {,'} r-c 0 ~ U F-< ~ ~~ Z 1'-1'- <UJ ¡...; ~ ",,,,~ --F-< ~~ c5 UJ '" V . .,.; '" ~~ ~ 0 VvO UJ¡:l., =z u {,'}~ F-<~ r-cu ~o ~Ioo-I u~ ~u ~¡;¡;. <~ 00 oe.:;¡ ;;;J1oo-I ~~ ~~ O\~ u25 ~z ~ o .0\ V N V -'0'0 e.:;¡~ ~¡...; ~ "'", ~~ ~~ {,'}{,'} Z~UJ o u ~~ ~~ mUJ~ Ioo-I~ ~UJ¡:l., ==< ~c(!'#.. 1'-0 íe25§2 ~ø~ Nt"-: E9~ e.:;¡ N o . N me.:;¡ Z V V _VV F-<ZO ~~ r-cZ ~ UJ '-0'0 µ"UJ~ O¡...;~ {,'}{,'} ~ II ~O ~ZM r-c~ ~Z~ t- O¡:l.,1I ¡...;<~ 0 M II~~ <~ v)'" u~~ I'- . V) F-<°O ~= ~~ UJ V OONg; 0 µ..UU V V N V --0 O'\~ ~e.:;¡~ Uoo =~~ ¡:l., ~N S< M offi ~< {,'} tA ..~~ Zr-c Ooo~ II 00 ~<oo ,....:¡ Uz ~O UJ -< 00 ~U F-< E-< ~Ioo-I ~ .. ~ 0 ~t) ~~ ..... Z E-< ~~ F-< 0 m ..... 00; >- UJ F-< O~ ~~ 0 Oµ.. F-< ~ 2' ;;;J~ ~ m 0 ~oo F-<UJ 0 < oo~ m~ m Oz m U ¡:l., m ~O ~ Z e:J~ ð ~ ~ UJ U ~U ~ 0 OUJ ¡:l., < ~ ..... ~F-< ..... g mUJF-< ~ ;;;J ~ F-< ~~ F-< ~F-<O 00 < U ~~F-< ~ ¡:l., == m 0 ~æ~§2 ~ U ª o ~ ~ 0 o¿~ ¡:l., ::r: ~ ~ mO F-< ~ m UJ25.....o UJ ~~ m UJC)g~ F-< Z ~ 25z~,-, ..... ~~ 0 UJ e.:;¡UJO~ m U ¡: Z µ.. 0::r: Z~""'-< 0 UJ UJm o¿ UJ UJ-<~U ..... ~ g-< e.:;¡ ~~ F-<F-<UJÇ2 F-< ~ ~F-< ~ ~< um~UJ ~ ¡:l.,U .....¡: ¡:¡< ~ < 3~ OO~u m ..... dS@ ~U II ..... U ~ 25 ..... S~ ¡:l., II II ~ µ.. UJm m~ IIC)~UJ ~ ~ >Z e.:;¡ <m UJZ~~ 0 UJO ffi æo¿ ¡:l.,UJ u -< < OU -< ~ U 0 W Department of Environmental Protection Marjory Stoneman Douglas Building Lawton Chiles 3900 Commonwealth Boulevard Virginia B. Wetherell Governor Tallahassee. Florida 32399-3000 Secretary September 26, 1996 John Walker, Planner City of Delray Beach 100 Northwest First Avenue Del ray Beach, Florida 33444 Dear Mr. Walker: This letter is in response to your request for information on the authorizations required from the Department of Environmental Protection for the construction of a nearshore artificial reef. The construction of a nearshore artificial reef will require a joint coastal permit in accordance with Chapter 161 and Part IV of Chapter 373, Florida Statutes, and authorization to use sovereign submerged lands in accordance with Chapters 253 and 258, Florida Statutes. An application form is enclosed for your use. In reference to our telephone conversations regarding application information requirements, particularly note item numbers 20, 24, and 33 on the application form. Item 20 refers to topographic survey information of the project area. The Bureau can provide you with access to survey information obtained in the monitoring of the Delray Beach beach restoration project. Item 24 refers to final construction plans and specifications and Item 33 refers to an analysis of the effects of the proposed activity on the coastal processes and natural communities. You may consider deferring the preparation of final plans and evaluate the effects of the proposed activity based upon a conceptual design. The conceptual design and analysis of effects on the coastal system should be prepared by a consulting coastal engineer. Prior to submittal of a formal permit application it is recommended that the conceptual design and analysis be submitted to the Bureau for review and comment. If I may be of any further assistance, please contact me by telephone at 904/487-4475. Sincerely, ::::: ~~;Jff( Bureau of Beaches and Coastal Sysif))~«:;rn:rrw1G"TU' RMB ~~~ ~~ Enclosure (),p <:'>0 \::;96 '" ..' \".¡.J . "Protect, Conserve CJnd Manage Flondo's Environment and Natural Resources~LANNING & ZONING Printed on recycled paper. --~.- - . .. . J; .., ::. ~~\ ?~QiECTIO~ ~ "oj;,., ~ .. - .": ~ Ii': .11 ~~ ~ ·f~. ~ ....., ~ 'ltl ~ ~ ~ FLOR A ~ ,,'J . ~~~,. ~~~~~~ ~ ~~_~-..J._ ~~~~__~_~_ ___~ ~~ JOINT APPLICATION FOR JOINT COASTAL PERMIT . AUTHORIZATION TO USE SOVEREIGN SUBMERGED LANDS FEDERAL DREDGE AND FILL PERMIT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION U.S. ARMY CORPS OF ENGINEERS . JOINT APPLICATION FOR JOINT COASTAL PERMIT/AUTHORIZATION TO USE SOVEREIGN SUBMERGED LANDS/FEDERAL DREDGE AND FILL PERMIT APPLICATION INSTRUCTIONS MAIL TO: STREET ADDRESS: Florida Department of Environmental Protection (Do Not Mail to this address, Division of Environmental Resource Permitting For Hand Delivery Only) Bureau of Beaches and Coastal Systems Capital Center 3900 Commonwealth Boulevard - Mail Station 300 5050 West Tennessee Street Tallahassee. Florida 32399-3000 Building B Tallahassee, Florida INTRODUCTION Attached is a Joint Coastal Permit application for: 1} activities which require an individual permit under Part IV Chapter 373, F.S.; 2) activities which require authorization to use sovereign submerged lands; 3} activities which require a federal dredge and fill permit; and 4} activities regulated under Chapter 161.041, F.S. Certain activities may qualify for an exemption. If any activity qualifies for an exemption, an application is not required, although the use of this application form is the most expeditious way for the agencies to make the determination that the activity qualifies for an exemption. COPIES/APPLICATION FEES Submit one original signed application form plus five copies of the form and six complete sets of all the requested drawings and other information to the Department. Submit the appropriate fee with your application. Application fees are listed on the attached worksheet. . DISTRIBUTION TO THE U.S. ARMY CORPS OF ENGINEERS When activities are proposed in, on or over wetlands or other surface waters, the Department shaH forward a copy of the application to the Army Corps of Engineers (ACOE). The ACOE will advise you of any additional information that may be required to complete the federal dredge and fill portion of the permit application. The information requested in this application form may be more than required to make a complete application to the ACOE. However, it is useful and may be essential for subsequent evaluation. CONSULTATION Applicants are encouraged to consult with Department staff prior to submittal of the formal application. If you have any questions, please consult with the staff of the Department of Environmental Protection (DEP), Bureau of Beaches and Coastal Systems prior to submittal of the formal application. The applicant is required to provide the information on page six. Failure to provide this information will delay processing. NOTE: The information listed in this application package is not intended to be all-inclusive. Additional information may be requested by the reviewing agency in order to complete your application. DNR Form 73-500 (6/95) - ~ - . - - - - .. . ~~..-~ . ....~S... JOINT APPLICATION FOR JOINT COASTAL PERMIT/AUTHORIZATION TO USE . r{~ ~~f\ SOVEREIGN SUBMERGED LANDS/FEDERAL DREDGE AND FILL PERMIT ~. ; - ~ f FtORdfl.-i\ GENERAL APPLICATION INFORMATION Please Type or Print in BLACK Ink FOR AGENCY USE ONLY .- '" ACOE Application Number: DEP Application Number: Date Application Received: Date Application Received: 1. Name of authorized agent fer permit application (if applicable) Mailing Address City State Zip Code Telephone ( ) 2. Name of applicant Mailing Address City State Zip Code Telephone ( ) 3. Name of activity 4. Location of activity (use additional sheets, if needed): County(ies) Sedion(s) Township Range Section(s) Township Range Section(s) Township Range latitude Longitude . State Plane Coordinates DNR reference monument(s) land Grant name, if applicable Tax Parœlldentification Number Street address, road, or other location City, Zip Code if applicable 5. Describe in general terms the proposed activity including any phasing. 6. Are you requesting any exemptions? 0 YES o NO If yes, provide explanation and cite rule number(s) 7. Describe the purpose and need of the proposed activity including any public benefits. o Check here if information is continued on an attached sheet. DNR Form 73-500 (6/95) Page 1 of 6 '·0 . 8. Identify the requested permit duration. years. 9. Please identify by number any Wetland ResourcelERP/ACOE Permits pending, issued or denied for projects at the location, and any related enforcement actions. Agency Date No.rrype of Application Action Taken . 10. Have you obtained' approval from the Department of State, Division of 'Hist~rical Resources? 0 YES o NO If yes, provide a copy of the letter of approval. 11. Has an Erosion Control Line been established pursuant to Sections 161.141 - 161.211, Florida Statutes? DYES o NO 12. Are you requesting authorization to use Sovereign Submerged Lands? DYES o NO o UNDETERMINED , "'0 C) "'0 '> "'0 0 k ~ p., ü. C) r= p:¡ - ....- 0 ALL APPLICANTS ARE TO SUBMIT THE FOLLOWING ITEMS AS ATTACHMENTS: <: f-< 13. A copy of the Division of State lands title determination. If you do not have title DO determination, department staff will request that the Division of State lands conduct a title check. 14. Written evidence of title to the subject riparian upland property in the form of the DO recorded deed, title insurance, legal opinion of title, or a long term lease which specifically includes riparian rights. Evidence submitted must demonstrate that the applicant has sufficient title interest in the riparian upland property. If the applicant is not the property owner, then authorization for such use from the property owner must be provided. 15. A detailed statement describing the existing and proposed upland uses and DO activities. For projects sponsored by a local government, indicate whether or not the facilities will be open to the general public. Provide a breakdown of any user fees that will be assessed to the general public and indicate whether or not such user fees will generate revenue or will simply cover costs associated with maintaining the facilities. 16. A list of the names and addresses of owners of all riparian property within 1,000 feet DO (and within a 500 ft radius) of the proposed coastal construction, from the latest county tax roll. If the property is under cooperative or condominium ownership, the name and mailing address of the cooperative or condominium association will be adequate. 17. Written evidence. provided by the appropriate governmental agency having DO jurisdiction over the activity, that the proposed activity, as submitted to the Department, is consistent with the state-approved Local Comprehensive Plan. 18. A fee, as set forth in Rule 628-49.006, Florida Administrative Code. DO DEP Form 73-500 (6195) Page 2 of 6 ~. --_._.~ . . . 19. SIGNATURE(S) A. By signing this application form, I am applying, or I am applying on behalf of the applicant, for the permit and any proprietary authorizations identified above, according to the supporting data and other incidental information filed with this application. I am familiar with the information contained in this application and represent that such information is true, complete and accurate. I understand this is an application and not a permit, that work prior to approval is a violation. and any permit issued or proprietary authorization issued pursuant thereto, does not relieve me of any obJigation for obtaining any other required federal, state, water management district or local permit prior to commencement of construction. J agree, or I agree on behalf of my corporation, to operate and maintain the permitted system unless the permitting agency authorizes transfer of the permit to a responsible operation entity. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. Typed/Printed Name of Applicant (If no Agent is used) or Agent (If one is so authorized below) Signature of Applicant/Agent Date (Name of political subdivision, municipality, or business entity and title of person signing on its behalf, if applicable) AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLLOWING: B. I hereby designate and authorize the agent listed above to act on my behalf, or on behalf of my corporation, as the agent in the processing of this application for the permit and/or proprietary authorization indicated above; and to furnish, on request, supplemental information in support of the application. In addition, I authorize the above-listed agent to bind me, or my corporation, to perform any requirement which may be necessary to procure the permit or authorization indicated above. I understand that knowingly making any false statement or representatioli- in this application ¡sa violation of Section 373.430, F.S. and 18 U..S.C. Section 1001. Typed/Printed Name of Applicant Signature of Applicant Date (Name of political subdivision, municipality, or business entity and title of person signing on its behalf, if applicable) Please note: The applicant's oriainal sianature Inot a COpy) is reauired PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING: C. r either own the property described in the application or I have legal authority to allow access to the property, and I . consent, after receiving prior notification, to any site visit on the property by agents or personnel from the Department of Environmental Protection and the U.S. Army Corps of Engineers necessary for the review and inspection of the proposed project specified in this application. I authorize these agents or personnel to enter the property as many times as may be necessary to make such review and inspection. Further, I agree to provide entry to the project site for such agents or personnel to monitor permitted work if a permit is granted. Typed/Printed Name of Applicant Signature ?f Applicant Date (Name of political subdivision, municipality, or business entity and title of person s¡gning on its behalf, if applicable) DEP Form 73-500 (6/95) Page J of 6 .- ----_. . _..--- -_.. ~ . ."- " INFORMATION FOR ASSESSMENT OF IMPACTS TO THE COASTAL SYSTEM "0 1S t) 'ij 0 "0 :ë . 'S: =' ra e B' .~ "0 :\.. t:::: i5.. ~ C) ... 0. Ü C) -< ALL APPLICANTS ARE TO SUBMIT THE FOLLOWING ITEMS AS ATTACHMENTS: !3 CO > .... õ -< {:. ra :?; Z 20. Two copies of a topographic and bathymetric survey drawing of the proposed project 0 0 0 0 site in accordance with Rule 628-41.007(1 )(h), FAC. Identify the elevation of the mean high water and mean low water referenced to NGVD for each wetland or surface water site and the source of the tidal datum information. 21. Provide a legal description of all property involved including sovereign submerged 0 0 0 0 land used in carrying out the project. 22. Describe how boundaries of wetlands or other surface waters were determined. If 0 0 0 0 there has ever been a jurisdictional declaratory statement, a formal wetland determination, a formal determination, a validated informal determination, or a revalidated jurisdictional determination, provide the identifying number. 23. An engineering description or as-built drawings, if available, of any existing 0 0 0 0 structures on the site which may be directly or indirectly affected by, or which may directly or indirectly affect, the proposed activity. 24. Two complete sets of construction plans and specification for the proposed activity, 0 0 0 0 certified by an engineer duly registered pursuant to Chapter 471, Florida Statutes. The plans shall include the following: 0 0 0 0 a. Plan view of the proposed activity depicting the mean high-water line any easement boundary, or the erosion control line, within the area of influence of the proposed activity. Identify the boundaries of significant geographical features (e.g., . channels, shoals) and natural communities (e.g., submerged grass beds, hardbottom, or mangroves) within the area of influence of the activity. 0 0 0 0 b. A sufficient number of elevation views of the proposed activity depicting the mean high-water line, any easement boundary, and the erosion control line, within the area of influence of the proposed activity. Identify the boundaries of significant geographical features and natural communities in the area of influence of the proposeå activity. 0 0 D 0 c. Details of construction, including materials and general construction procedures and equipment to be used (e.g., construction access, dredging method, dredged material containment, pipeline location). 25. In addition to the full-size drawings requested above, the information required under 0 D D 0 Paragraphs (20), (23) and (24) above shall be provided on 8 1/2-inch by 11-inch paper. 26. An aerial map of a scale of 1" = 200', showing: the project boundaries, DNR D D 0 D Reference Monument locations, major county landmarks, and special aquatic or terrestrial sites (parks, sanctuaries, refuges, etc.) within the project bounòary and one quarter mile in both shore parallel directions of the project boundary; 27. A proposed construction schedule. D 0 D 0 28. Permit applications for excavation or fill activities shall include the following detailed D 0 D 0 information concerning the material to be excavated: a. Core boring logs and sediment grain size analyses from representative points 0 D 0 0 throughout the area to be excavated. Logs should extend at least two feet below the proposed bottom elevation. The depth of each visible horizon in the log should be reported relative to NGVD and the material in each stratum classified according to grain size. b. Particle size ar:lalysis to the sediment and a measure of the percent organics by D D 0 0 dry weight. Gradation curves should be produced from sieve analysis of each stratum in the core. Grain size distribution must be determined down to the standard unit 200 sieve size. D D D c. Chemical analyses shall be required if there is reason to suspect that the 0 sediments are contaminated. DE? Fonn 73·500 (6/95) Page': of 6 - - -----~ - ~ .... "0 . ~ - õ ~ ~ «> "0 :õ .:;: ë- tV 0 ~ .~ "0 ... ~ ë.. ~ ¡l. 0.. .c «> ... ~ < tJ CO .?: ~ -< ,0 c:I Õ 29. Using an established natural community classification system, describe each natural ~ ;?; Z community within the area of influence of the proposed activity and include: DO 0 0 a. Acreage. 0 0 0 0 b. Identification of the flora and fauna to the lowest taxon practicable. 0 0 0 0 c. Characterization of dominant and important flora and fauna and estimates of 0 0 0 0 percent biotic cover. d. Sampling locations, date of sampling or measurements; and methods used for 0 0 0 0 sampling. 30. Detailed information on season of occurrence, density, and location of threatened or 0 0 0 0 endangered species whose range occurs within the proposed activity. 31. Results of available wildlife surveys that have been conducted on the site, and any 0 0 0 0 comments pertaining to the proposed activity from the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. 32. A general description of all commercial and recreational fisheries, diving regions, 0 0 0 0 and other recreational uses within the area of influence of the proposed activity. 33. Analysis of the expected effect of the proposed activity on the coastal system 00 0 0 including but not limited to: 0 0 0 0 a. Analysis of the expected effect of the proposed activity on the existing coastal conditions and natural shore and inlet processes. 0 0 0 0 b. Analysis of the compatibitity of the fill material with respect to the native sediment at the disposal site. The analysis should include all relevant computations, the overfill ratios, and composite graphs of the grain-size distribution of the fill material and the native sediment at the disposal site. c. Demonstration of consistency with an inlet management plan or a proposed draft DO 0 D inlet management plan in accordance with Rule 628-41.005(16), FAC. If the proposed project is not included in the inlet management plan the applicant will provide the information specified in Rule 628-41.008(1)(m), FAC. d. Analysis of how water quality and natural communities will either be impacted, 0 0 0 0 undisturbed, preserved or maintained within the area of influence of the proposed activity with an estimate of the affected acreage of each impacted community. 34. Describe the location and details of the erosion, sediment and turbidity control 0 0 0 D measures to be implemented during each phase of construction and all other measures used to minimize adverse affects to water quality. 35. Describe any methods proposed to protect threatened or endangered species. D 0 0 D 36. A written statement providing the necessity and justification for the potential impacts DO 0 0 to the coastal ecosystem which may be caused by the proposed coastal construction. 37. A narrative description of any proposed mitigation plans, including purpose, D 0 0 0 maintenance, monitoring, estimated cost, construction sequence and techniques. 38. An analysis of available alternatives to the proposed coastal construction. on meeting 0 0 0 D the stated performance objectives and any related affects on the coastal system. NOTE: Additional information may be required by statute or rule, or if found by staff to be reasonably necessary for proper evaluation of the application under applicable statutory and rule criteria. Specific Authority 161.041, 253, 258, 370.021, 370.12 Part IV of 373, Florida Statutes DEP Form 7J-500 (6/95) Page 5 of 6 - .- _. -~. JOINT APPLICATION FOR JOINT COASTAL PERMIT/AUTHORIZA TION TO USE SOVEREIGN SUBMERGED LANDS NOTICE OF RECEIPT OF APPLICATION This information is required in addition to that required In other sections of the application. Please submit five copies of this notice of receipt of application and all attachments with the other required Information. Please submit all information on 8 1/2" x 11" paper. Project Name: County: Owner. Applicant Applicant's Address: 1. Indicate the activity boundaries on a USGS quadrangle map. Attach a location map showing the boundary of the proposed activity. The map should also contain a north arrow and a graphic scale; show Section(s), Township(s), and Range(s); DNR reference monuments; political boundaries; identifiable landmarks; and must be of sufficient detail to allow a person unfamiliar with the site to find it 2. Attach a depiction (plan and section views), which clearly shows the construction or other activities proposed to be constructed. Use multiple sheets, if necessary. Use a scale sufficient to show the location and type of work. 3. Provide the names of all wetlands, or other surface waters that would be dredged, filled, impounded, diverted, drained, or would receive discharge (either directly or indirectly), or would otherwise be impacted by the proposed activity, and specify if they are in an Outstanding Florida Water or Aquatic Preserve: 4. Briefly describe the proposed project (such as "beach restoration", "inlet maintenance dredging", "terminal groin"): 5. Specify the acreage of wetlands or other surface waters, by natural community type, that are proposed to be filled, excavated, or otherwise disturbed or impacted by the proposed activity: 6. Provide a brief statement describing any proposed mitigation for impacts to natural communities (attach additional sheets if necessary): FOR AGENCY USE ONLY Application Name: Application Number: Office where the application can be inspected: Note to Notice recipient: The information in this notice has been submitted by the applicant. and has !lQ1 been verified by the agency. It may be incorrect, incomplete or may be subject to change. DEP_Form ;3-500 (6/95) Page 6 of 6 I . {// \ ¿''Jvì MEMORANDUM TO: David T. Harden, City Manager FROM: ?J! Robert A. Barcinski, Assistant City Manager SUBJECT: Education Board Recommendation· Proposed Elementary School Boundary Changes School Year 1997· '98 DATE: October 11, 1996 Action City Commission is requested to approve the Education Board's recommendations concerning proposed boundary changes affecting Delray Beach Elementary schools for school year 1997-'98. Background I. Education Board - Goals and Obiectives A summary of the City of Delray Beach Education Board's goals and objectives as enumerated in the 1990 Consensus Statement and the 1994 Sharing for Excellence document are as follows: 1. Achieve and maintain a stable and satisfactory racial balance in each and every school with a goal of keeping the percent of African American Black students at 40% or less. 2. Encouraging cohesive neighborhoods by reducing the number of attendance zones and schools our students attend. 3. Drawing School District boundaries so that each District comprises a contiguous area around a school, minimizing to the extent possible the creation of non-contiguous enclaves. 4. Try to develop, wherever possible, natural geographic boundaries. 5. Enhance existing school facilities and campuses to meet Southern Association standards, bringing older school facilities up to standard, and to implement special programs for the benefit of the school and surrounding communities. 6. Try to minimize overcrowding. 7. Minimize the busing of Delray Beach students to schools outside of Delray Beach. 9·£· Agenda Item # Page 2 A copy of these goals and objectives as contained in the above-listed documents is attached. All of these goals and objectives are interrelated. I feel we have been very successful in achieving these goals and objectives over the last six years. Currently, only one school in Delray Beach has a Black student population over 40%, Pine Grove, which is at 80%. All the other public schools in Delray Beach have a percentage of Black students of between 34% and 40%. We have also been successful in trying to keep our overall minority percent in the schools at 55% or less, which closely reflects our student population per the 1990 U.S. Census. We have been able to get, through hard fought efforts, improvements made to physical plants at Atlantic High School, Spady Elementary School, Plumosa Elementary School, and Pine Grove Elementary School. We have been able to minimize busing and overcrowding through the construction of Carver Middle School, Banyan Creek Elementary School, Orchard View Elementary School and the soon to be built Morikami Elementary School. Through our hard fought efforts in 1995 we were able to reduce the number of elementary and middle school attendance zones. consolidate neighborhoods. and reduce the number of schools our students attended and were bused to. These changes reduced the number of elementary school attendance zones from 16 to 10 and the number of schools from 11 to 9. The Education Board feels that it is very important to keep a stable racial balance in our schools by keeping the percent of African American Black student population at 40% or under, even though the School Board agreement with the Office of Civil Rights now allows that percentage to increase to 49%. The reasons that the Education Board feels that the percent of Black students at our schools should remain at 40% or less are as follows: 1. Historically, schools with over a 40% Black population have been neglected in terms of physical plant improvements. technological improvements. and program improvements. 2. Schools over this percent tend to have less tenured experienced teachers with lower levels of education. 3, In reality, whether based on fact or fiction, we experience a leaving of these schools by white students, thus further exacerbating the racial balance of these schools. City Commission, at your September 17, 1996 meeting, reviewed proposed boundary changes affecting our middle schools and approved the Education Board's recommendations. The following section outlines proposed changes affecting our elementary schools and your Education Board's recommendations. Agenda Item # Page 3 II. Proposed Boundarv Chanaes/Recommendations A. ABC Committee Recommendation 1. Morikami Elementarv School It is being proposed that SAC's 299C, 2990 and 299H be reassigned to the new elementary school. Students in SAC 299C now attend Calusa; students in SAC's 2990 and 299H now attend Forrest Park Elementary School. These changes were recommended by the Education Board in 1995. The projected Black student population would be 29%. Our students would have a sense of being in a Oelray Beach school and busing would be reduced. B. Education Board Recommendation 1. Morikami Elementarv School Approve reassigning students in SAC's 299C, 2990 and 299H to Morikami Elementary School. A. ABC Committee Recommendation 2. Pine Grove Elementarv School Residents of Bass Creek and Tropic Palms have requested that students in SAC's 304 and 305 be reassigned to Orchard View Elementary School. After careful review the ABC Committee is now recommending that these students not be reassigned, A concern has been raised regarding further increases in Black student population from 80% to 83% and in reducing the number of teacher units at the school, thus affecting programs. In 1995 the Education Board recommended, and the School Board agreed, to reassign students when a special (magnet) program was instituted at Pine Grove, To date, a special program has not been instituted. B. Education Board Recommendation 2. Pine Grove Elementarv School The Education Board recommends that students in SAC's 304 and 305 not be reassigned at this time. A. ABC Committee Recommendation 3. Plumosa Elementarv School The principal at Plumosa and the ABC Committee are recommending that SAC's 289, 291, 292 and a portion of SAC 274B, located in Boynton Beach, be reassigned to Plumosa. In addition, they are recommending that students living in SAC's 294A, 294B and 294C who do not attend Spady Elementary School, be reassigned from Hagan Ranch Road School to Plumosa Elementary School. These proposed changes would increase the percent of African American Black students at Plumosa from 34% to 44% and increase the overall minority population to around 60%. With the new addition to Plumosa the school capacity has increased to 611 students. The current school membership is approximately 485 students. Agenda Item # Page 4 B. Education Board Recommendation 3. Plumosa Elementary School The Education Board is recommending that SAC's 289, 291, 292 and a portion of SAC 274A be reassigned to Plumosa. The total number of students to be moved is 31 with approximately an equal number of Black and other students being moved. This would only increase the Black population to 35% from 34%. The Board, however, does not recommend reassigning the 87 students from SAC's 294A, 294B and 294C not attending S.D, Spady, mainly Black students from Hagan Ranch Road, to Plumosa. The Board feels that the increase in the percent of Black students at this school to 44% is unacceptable even though the Office of Civil Rights will accept 49%. The Board feels that other means, such as program changes or the reassignment of other students, should be utilized to increase the enrollment at this school. School Board reassignment calculation sheets with maps for all the above noted changes are attached for your review. Recommendation Approve and endorse the Education Board's recommendation affecting elementary school boundary changes for school year 1997·'98 and forward these to the School Board and Superintendent. RAB:kwg Attachments File:u:graham/agenda Doc.:ElemBoun.dry -......--;.-,.....-..- .......'...- - . ... . ".' "-"'1..: .,,' / \ . . 1990 CONSENSUS STATEMENT 7. The Task Force agreed that the School Board should review planning of programs at Pine Grove which will enhance District racial balance goals at the school. II. CARVER MIDDLE SCHOOL l. The Task Force agreed the School Board should construct a new middle school west of Interstate 95 within the neutral zone to replace Carver Middle School and examine the possibility of community use of the present Carver facility prior to relocation. 2. The Task Force agreed that the City of Delray Beach be allowed to have some input on discussions with the School Board regarding the use of Carver Middle School prior to making any final decisions. III. NEW SCHOOLS A. Morikami Area Elementary l. The Task Force recommends construction of a second new elementary school referred to in the "Sharing for Excellence Planll as Proposal I I, Morikami Elemen tary, when j usti fied. 2. The Task Force recommends that the School Board will request that the Florida Department of Education perform a spot survey in western Delray Beach for an additional school in the Morikami area. B. The Task Force members agree that any new schools located in Delray Beach should be located in a IIneutral zone" which is an area that is generally of equal distance for various races to reach and theoretically, therefore, would allow for naturally occurring integration. C. The Task Force agreed that is would be appropriate and time ly for the Schoo 1 Board to identi fy a si te as Elementary School "s" which is not only within the School Board's defined geographical limits but also in the Delray suggested limits of Military 'rr.::: i 1 , Linton 30ulevë':rd a:.d th.? C-15 Canal. IV. RACIAL BALANCE l. The Task Force agreed that efforts should be made to reduce the number of inner-city attendance zones to less than 13. .. .. >. . . . . I , .. - ~ . 2. The Task Force agreed that busing should be accomplished as equitably between racial groups as possible. 3. The Task Force agreed the School Board's present racial balance goals are satisfactory to their purpose and the 60% other, 40% black intermediate goal is attainable. 4. The Task Force recommends that particular emphasis be placed on the importance of that portion of the School Board's Racial Balance Policy which deals with natural geographic boundaries. 5. The Task Force agrees with the School Board's effort to discourage housing developments that will cause further deterioration of racial balance in schools. 6. The Task Force agreed that there will be naturally occurring boundary changes with the opening of new Elementary School "s" that will include a re- alignment of many boundaries in Delray, and new boundaries for Pine Grove will endeavor to create the best racial balance possible. v. TIMETABLE 1. The Task Force agreed that a priority list for the construction and occupancy of new schools should be developed. 2. The Task Force recommends that the improvements to Spady Elementary be completed by the 1991/92 school year. The Task Force also recommends that Elementary School "s" (school located east of Mili tary) be scheduled for opening in the 1991/92 school year. 3. The Task Force recommends that the relocation of Carver Middle School be completed in the 1992/93 school year. ...~', ~. I' ."~ <~I;," ~~J . J \ . .. ....." VI. SUPPLEMENTAL RECOMMENDATIONS 1. The Task Force agreed that schools should not be called neighborhood schools because to do so im- plies segregation. 2. The Task Force recommends that the City and the School Board work together jointly to develop long-range plans that would create natural inte- gration in public schools such as the location of affordable housing. 3. The Task Force agrees that community participation is essential to promote racial balance in schools and integration in neighborhoods. Strategies and policies which address the following areas must be collaboratively developed and implemented: community awarness, land use policies, affordable housing, fair housing and lending practices, and equal employment opportunities. 4. The Task Force commends and supports the Ci ty in their efforts to spend 4.2 million dollars to improve the educational system in Delray. ...... . '--...'-- . ..j: " . . 1994 SHARING FOR EXCELLENCE IN SCHOOLS DOCUMENT GOALS 1. Achieving and maintaining a satisfactory and stable racial balance in each and every elementary, middle and high school attended by student residents of Delray Beach. 2. Minimizing the bussing of Delray Beach students to schools outside of Delray Beach. 3 . Minimizing overcrowding. 4. Enhancing existing public school campuses and facilities, meet Southern Association standards, including special facilities/programs to the benefit of the school and the surrounding community. 5. Encouraging the cohesiveness of residential neighborhoods by lessening the number of school districts to which the students residing in such neighborhoods are assigned. 6 . Drawing school district boundaries so that each district comprises a contiguous area around a school, minimizing to the extent possible the creation of non-contiguous enclaves. 7. Flexibility to protect individual schools by adding or subtracting areas adjacent to their existing school districts rather than by employing enclaves located elsewhere. 8 . Overcoming the often false and lingering negative public perceptions which inhibit achieving and maintaining a proper and stable racial balance in the public schools of Delray Beach. .. õ fD:É g. ~ ~ .... co W .., :;, ... ...J « ...J W II II o II :É 11 W II ...J o ~O....fD""~O~ W ~W~O"'OO UJ ~OfD~CO"" ~ ~~N~ :É ~NN ~ W ........ "'...J ~ fD W WfD........~~ VI Wco CO W W o ~ W ~ ~ ~N .., W ~ ...J ~ UJ ~ ~ ~ 0 ~ % ~ W ~ . 0 ~O ~~O ~~O ~~O :E . en . , . ' W ~OfDOOOOfD >~~""OOfD ~~~..,ON.~ O%~~fDOfD $~~fDfD ...J 0 fD fD OUJO N N WUJO _UJO ~UJO........ W ~ ~W~ ~W~ ~w~ ~W~........ < m <Om ~Om WOm UJOm ~~ ~~ c~ ~~ W~ ...J~ ~O %0 ~O ~O ~o<UJ O...J -:.í...J ::...J fr...J ..: wOO 0 0 ::;'c*OO<ow~ :;'O*m~mo :;'O*<WO% :;'0* ~ :;'O*ri QO<OfD~fDfDfDfD O%OfD~fDfD 0%0................ O~O~.... O%O~ ..:~~<~~OOOO ~O<~moo ~O<................ ~O<~.... ~O<m ~OUJN~"""" ~UJUJN~"" ~UJUJ"""" ~UJUJN" ~UJUJN :;L;\::r~ ~ ~ IiI ~ <:;ffi· 0 j:Q:.: 0'·""· i~I¡~= ~ ~: "-~:~= ~ I- > :j~~5 g II: 0 OØ::6~ _ Q II: II:I~. 11:< ~~; ~ ~ g::ª~, 0 ~~ I- :¡¡II¡¡¡¡ ~ ~ i - 10 ~~~ ~::a= ~ Ie ~ .~ -~~ ~~ ~ 2::~= U)zW .,:':;;::¡~ < 0 "- !:Lo;::¡ ~¡::o ::t:::1Z! ~ '^ < z ~:ö v# ~::~= 0 ffi ffi ~t;::e ~~... ~",... ~ II: ~ a. ~::~ ::e a. a. ~ 10 ~ ~~~ (J'« 0 Z ¡:: ~}" ~ ~ CI~ < ~. :..::;.:: U) ". ",. <. W ~ '0.::-... A. . . <oIW...J Q~o ~ü)01l) ~-%~ Q:æoUJ ..J Z:<UJw o ~:!::Éc o -~w< :: ëO ~ ¡;¡ ~:::¡:ïrlo _ ! ~ .. .', ..,¿, --à. '!', ':;. ro . .~ ~~ v~.~V>~~ , "S-~, ¿o. ."..>;;;;:: 0 " "" ~ 'j . \ it -. ; ¡~~'; i - .11 .-.-1 .~~- ?: ~ , "f ' :J U i-- " , 'Æ /, .J ¡ '. i I, ~:~, . , ~ê~'"~;d~4i~¿---' -, ~ : .l: !.::-~~ '; '..nl , _ , ' _un :, · ó :o . "', ..' -, · ... L .,. '.. , ! .__._-'__L.-,;;¡-. .-- i:" "" , , ---- I I I.. 'i-<,_. \ :... ,. " , A", : ~r-'l;r¡(r.::\ éf,· , -- l'tJ. r\ : : ' lS[JW' I, ! ~: : , :., '" · ,,-- VJ i I ; i ·";--"r-- -- :~;l---r - L] "i I i ¡, I ~\ I I i I I , ! i ~.'·----1L -:~-- ,; -:~~C'i'L., ¡.:u 1 ;~; ~~~;~~: r:r !~~t'~ i I . r.. r , ,,_", '...., ."_~ ¡ r-: ¡,~~ \"'" ,j ~:j~,J:~ k I , ..",. , I , : ! ----'" '".--'-~--.-.- -'- '''-. ,. .--- ........-:-..-........-.-. --. \J II ~ -- -- ------, '.. ~ .. ., \ "', - . i I ''''''''.''''M_. I.! : ---..- I I I ,1/ j! 1', I. ._._._.~._. ' " -_.......- C .'" I , ..._....~" ..,.1.-.. '-~""'-i-""-" -..--.,. ~..c!:,::"'T'-'" -.f--'---"-r"-" .: l I L_ ; .. . r-·t if' <t' I .. - -' ..-.- .. ....-. .. ..-.--.-- - '-'- ..... . ---- I , ¡ I - I ,..' .'- . . , .' , '. "'", >~. ,. '" - // ~ ,..... .... J I~)··, en : ...,. , :É a:: II ! .- UJ UJ!..- CO ,... : ~~ ~N N , UJ· I- I ~~ 0 i UJ0 I _UJ I >0 :s:: ~~ 0N"-~ I <~ j . / "'~..J III I ~~O , "'00 'It I '" ~ 0 I ~OO <~~ ì i "'¡1-0 0MM ¡ : I o 0 ... I /::: =. Ci';:¡::: "~: ~:~~~ ~: ":G Z= II: :: : ! ~ :~~\~ ::: ";I!. ';ft. :~~~ I ...J !A::O ¡.. ..-..,. ,',,",,': , ~~::ã ~ ~ en en ii.~ II) en en :'''''., ! ¡:b,. ; ~"r ~g , ~ .~ c" I; ~~~a ~ I i~ I ~: :;~:;; ~ ~ =1;; ''''''''ë!a:I~ . ~ ::I ~ 101 ~,~ g 1oI~ ~ g::~..,¡~ ~ ~~ !:! I :::~§~ õ ~~ ¡;; , ;t~~..-..- e~ ~¡: ..¡a.c, N M en II) ¡.. - 101 101 r.¡:::i5 en..,. CO) II) U ¡.. c 0 III".¡.. a:I ,... ";" CD 101 U z: ::I .::£,.u, ::£ .. < _ ¡.. r,,¡"x 101 ~ .. 0 '" ::¡:::,.¡¡::£..~ ~t '" >- UJrJ ' ¡.._ ... a:: >' <ëõ ~ ¡..=: ~ < 1::.:. 00 CD <I;; < I- U. ," « ~ - ¡.. Z -< .'.' ::£ z: 0 =: UJ .....=: 101"- 0 IDe:!: <.101 00.. I- W U· ., .. --.- :::. 5 ::¡ UJ0..J· .....J 1;;0 ::I W. 0 0 ..,¡ :::J-- < I. U OW =:UJo z: UJ > 0 c ~ ~ .,¡ c¡ _I a:: ~ ~ a:: ~ ..; q b. .. ~ ..,¡ -c ~ . '" 0 Z! w W g!:! UJ ::e ,;¡,;¡ ~: ..... _. ~ ~'.è -~-. ~ ~ ~ ~---_...... - .-- __________._ ....Ä ~_ ~I ...,..".....~ ....."'....!>"".~.~", . . ..'>t-lo1t.._.~....""""""",,,~þ- .. / I I ~ I . . r·, . ...., " . 'f;jgjJ', . . ,. ii..;tf1 , ;_ ;B.i¥:;iili¡'{Jli(i1; i !þ- ,,;; (1:C",c'" ' ',-;;¡;",. .", If;¡~. . ",".,. '·r· ,,µ ",.,. ,', ">..e. ' ':11;: . r,''iif¡'' , ¡C'+L-: 1<-'. '...": i;.j, U ,. ,W,. ; ':,,' "'iiI" ' 'f Æ.:i , ' , " . " .. . ~[~.. ':;')~; í ,,,' '.. ~~. , .;-.~:::;; 'i, . (!~ ~1l~'. '" ! ......, ...-Je;~/:f "¡;'- 'tJ.. i ' , a , , ~, .... " ~: ~. .. ~ I, . ,¡ I r.1 : f\i;, ," . ... . '-"''''-i'-''~' "- '-... -". 'r ¡ ! I , g:¡. i I : ';. , ' I C!j' '. ' . . : : I. _...: ~ . : : ....; '.: ~~ : ." . ~ : : !" . ~ . : ~ i...·! ~,,'''''' T....... ''''''!'''' ! . , ' . ", , ' , '. ~, .j".. I., .... <¡. : , ., if . I I .... .... , I " I !, . .'" " , , i! I I ¡ í ,,':, . ~ , . . '. "-'" .. '. 4.) I ': í¡ 1:;1 (:~j} / ~' ,,/ /. ; t ~ .' ~ .-- ""'f .. to ,-. II) .... co .... II II II ~MM ~ ~MNOII) . ~O""O.... W........ W W :!õ W ~ ~ ~ W ~ o W~ 0 m~ 0 C~ W~ ~MM 0<0 ~""NmN >0 ~r-.tO..... o W O.M CO OW 0 .... j ~C j ~C j m ffi~ m ~~ m ~~ W~ I ~Õ , ~Õ I ~< :!õo *<mo ~O ~ O. OZ 0... OZ 0m....N <,-. ~O <mmm ~O <comm 0N ~0 0NNN ~0 0NNN a. o ,::;,,~ ~ ~ ~I'ê ~~ ~ (I} 2: 0;'50 ~~,> ~ g: ~ 3:~",a:: .... N a::~,';:§= ~ :g·ii~ .J ~ ~ ~~~§ ~ g: oO',Q ,. a::~"Jo .' .0':<" N CO 0 ..H::¡= co.... 0 O~! ..... to f·f:ë ~C~~....,-. ~ ~ Q N ~ ..... u Jo .'.. ..... M >- ~/o tO~.. a:: ,....::U) ,... N..... cø Z ~;~=...., .... is Ilol ::~ = o.Q :: ~ ~ ~ II.';i3 I- co m ~ E:;,o ;:¡ en r-. Jo II> =,=~ oo g¡..~ co,-..... N Jo Ilol ~ Jo ,i!; en M N CO ~ Q O =.1- = II) .... · _ t :ëen :ë . ::: . o Jo ~Jo Q Z ~:ë 2: II> ~.. 0.... ~ ~ >- < 0 .... oo = >- 1-. 00 to <en' < ~ ¡:¡ CL II> ~ I- ....~ <:ë !ë? Oa:: ' r- I>. a:: Jo _ c Z < !oJ 0 0 II. . .U I>. ~ w II- W r---'- -- .- 5 0 -i. i,,¡: æ ~ ! I~I ~ Ii; 0 3 !~ '!\':~- I~ ~ ! ~I g R'o u i.:'\'¥ ¡ß W i :t,;¡, z oJ C! ~ ~\ '-' \ i~ < : !ol< 0 .¿ 0 l- I ~ --<:".; 0 I I~ 0 0 0 d 0 i ... ~~ ~ J.. 0 !..J :«10 0 0. III 2: . ~"': W .., :0. l:!õ:!õ .... III J -:---. ~..., ..c...., e:: :0 .!oJ. '.U ',." ~ w W !oJ : 3t,':e:: ::¡ i= ¡::;;I~ W II) ...... 0 :..;,. :< ~ : t« ~ ~ , 0 0 ¡ ·.êj"'!Za. ¡~.~Ia.W~ :c:c ~ .-..-- .,..;.,~_..:;... . ...L____ .---.-__.h_.______._......... _.. ~~~ ---"--- ¡ . ~ 1 i Of 1 a-- f' L .J:.. " ~ ¡-~ t t; -=:.. 14 ~ } .':. ~ .s- ~ ~ , U) ~ ¥ r- ., ii ~ ~ 1~ ß ,f; - ti \\l. (.t' f: , t Þ ~~~~ ~~ ~ .~_ H~_ \- . ~ ~ ~.s ~. R- --r~ .. . ....-->.__ _. .___ .._ _ _ _ . rI' ~ ~_. - w----- ~ -- IJ) - < ~-';:t i ):- ~:t h :=S ~ ~ "0 .. ~ ~ ~ ¥.~. Œ ~ \2 \J) ~ ~I/) æl r=£ ~.' ;;; ........... ..... \ -,.- -ilL -- --.. "'0. : "'", :I:-,;_21· I ,.... ·17 / , I ¡ : . , , i I , I' ! I'····~ I : ¡ ¡ ¡ i I I I __jL~¿: I ~",'~""- ' :: r;ê';n.~'3-.j, I .' ,;... -'; ¡OJ ~c" I . ~ ï(:'" ¡ nO.: :'h:C~:: tl) : ,~ "~~.::r I; i t rv. I I. , I ....... I id-L..._...__.. -+----~..·l·-·---..--....·-----r-....··--- '-f' ! i I I Iì':' I _.._._! f 1 I ..... I ! I I ..J;. .-... i ¡ ~ I ¡ ·---l.,-1---;-"·-·· .-- ') to!' '-i I I ~ " ~ I; i I /-j: : "Þì:. ~.__.__._~_ L_._.......__. !, i: . . I ~ I -..... I 1""" ì _..~..J,_.._._._ .__ I 'y~ : ~~ :! ~ ! : .. t ¡i ¡ i ¡ _" f'!l}~ (,' : ',;~J~éi~j d . . '---r- -.--,.. , '.- _ "':... , II ' I; :;" : '__'; "'-: ; , I , : ~--\ . ..¡/ -- -.. ¡..-- .j". / . ! ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t?""Î SUBJECT: AGENDA ITEM # 1F - MEETING OF OCTOBER 15, 1996 PROSPECTIVE DONATION OF SCULPTURE FOR BEACH PATROL HEADOUARTERS DATE: OCTOBER 11, 1996 This is before the Commission to consider the offer of sculptor Don Seiler to donate his piece entitled "Rescue" for incorporation into the landscaping design in front of the new Beach Patrol Headquarters. Mr. Seiler's 36 inch model of this piece has been displayed in several museums, including Old School Square's Cornell Museum, and a picture of the model is attached. The completed work will be approximately three-quarters life size. David Miller, the architect for the Ocean Rescue Headquarters believes the style of this sculpture would be compatible with the style of the headquarters. Another work by Mr. Seiler, the football monument "Y.A." , can be seen at Atlantic High School. I recommend that we accept Mr. Seiler's generous offer to donate his "Rescue" sculpture to the City. fll~ &~ .tj -0 '/ -///, / , c. ~ ~ --:,1-,'-~\, c "·c "- [IT' DF DELRAY BEA[H SfP 30 1996 DElRAY BEACH CITY Mð~I"M'''''''' "t:.F f LOR IDA . ·/r.F td.td 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243·7000 All-America City , III J! MEMORANDUM 1993 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Prospective Donation of Sculpture for Beach Headquarters DATE: September 30, 1996 Attached is a photograph of a sculpture titled ' , Rescue' , created by Don Seiler, a noted Florida sculptor and artist. He is also the father of Lance Seiler, Ocean Lifeguard Lieutenant. Also attached is a letter I received from Mr. Don Seiler. I spoke to Mr. Seiler directly, and confirmed that he would like to donate his sculpture ' , Rescue' , to be incorporated into the landscaping design in front of our new Ocean Rescue Headquarters. ' , Rescue' , will be approximately three-quarters life size, and a model has been displayed in several museums, including Old School Square's Cornell Museum. David Miller, the architect for Ocean Rescue Headquarters, has seen the model and believes its style would be compatible with the style of headquarters. If you concur, I will schedule this for the Site Plan Review and Approval Board for their approval. Parks and Recreation Enclosure Ref:dhrescue @ Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS D CD 1-3- 9-CJCs, òYtA FrA ..L~.W.¿~~dV\ ~"'- .' ''^1 \¡V\Îït\ .s~ k'^-Cz. (Lt. Lwcl= S,e t L~f\.. \ D~CA-J ~...cÁ 0~ o¡uW\.Ls elL ~d.t. þ~ ~ AGv~~ ~\k~1-- Uf.'.,UN cl~ D\-. ~~U . C AA\\~Q~- t'ÀJ .e.- l\ 4 ~ A Q...o\t\ c.-Llf t- J-' u<- G <-L \1\ w~v-f- \~3 V"'vL\<-.z :r-vnD-:i ~S [ vJ .¿\,\ - c>J-ú\ V ~-r ~ CA-.. , "S Co I, 'Î'4'- e>d.e-L ~ . \-'1 . tJ I<-e.JL ~L cl, \~ . ~N-"'--<-"'~ ~ 0-\.s \"^ ~~ - th.J.!Iß- ; .,¡y'\ "",,,-.L~" ""' ~~ tJ ð&i1;, 1J'J ~O--'( Q; ~ (;.vv,-¡-h ~ c>A S ,,"M~ tl\z>~~~ ì.s \ S oJ~ 7-)·3 ~"1c) So.~CÀ-U1 . J W~JJV- '/00 e1J.J... ~ l~ ~ ~~ ~ LD c>k . tA'¥'L.c Ç.U~ oM kl ¡: WL~k ') 00 ~ -þ vYìA-tu.. J-- \' c> c)/1(L" . y..{-L/^. -{ \ ~k- 1h-t.s ~ <ULWve.-r D- ~~ ~ V\U'<\f\.~ .{ \-L~-RÀ\'^11 - .~~~ \fY\.PJ'--~ A ~ LV:.. (LAIA uÀ IN\. ~ - t.,ut ~ C- ~ :-r. "'^- 'M- \, 1A!S: ) S n.D w-e- J 4-<> rl...- ~ A '-)'~ ~ ,~ J Jyu+ -to ')I\, D A \.J 0\. -: · "VV'-d ~~ ~~ 'Y-o!À~ - 'A s \ ~ A vJ <^ ~ '~ iL:... -\i ~ '^- S <.J d.... I.. ~'t!c- ~uUkL.) r¡o owL 'Yn' OX k--c fu-- CV" ~4 ~ J Y'-- . . ~~ j t ~~ \ d-ú\..~' cÑ\. ~ \[Y\:u"i'\. <-<- ~. cJL ,I ¡v f>(VI/'---o.- CI } ~ VL bfl· 1-0 ¿o vA 1\A-\~ P^Dþ&SA-L ßves:. i':J ~fð'A~^",~Où~ ~"Ae.LV3~ ~ fL -1 \J\. ~ ~ I.e-- M\O--L ~ A ~ ..sLU~~ ~00l-~J ~ . C--V0\ Q»V'\ \ G~ A.LSk~ Lv-d u ~ _~c;>LV ~VÙ'I\~~~f-A.~ ~~~ Sy'~ ~ A ~jy~__?___SI~~ J- ~ \ ~ .At\j \ ~) tLe- ~ut'\ ~~ &c-o--c:..-~ÆA :k 'þ-e.LAp'-ï ~ ì 5 S4M~4{ L..IJ'. ~ A ~rÁ . oJ ~ vvJ\. U;"Yn'YY\ U 'Y\ " ~. t1/0 \~ .A\\.-~\1-e.. - '(U-J b. -\iLz ~ÙUUC- 9-- v"- P ~ ~'J-L vL'M-ß'^- þJL DV ~ ~J0'Y\r'~W~" (JAIN-Z- ~'}-~~ t\\ \s wY'0 fCAA~ \\"-'- ly ~ v.r (~ðI. 0 k r .- ~~\~vA~A' ~tS;)J-v~ I S;:..L\1oV' ^ ~ ~ .-:... ìV-~ 1v 'flU., ~ DJ-G~\ --vY\15Y\V'N\-~~ j:!:.ti - ~~ ts j'<.-t ~ tt'-~\o..<;L"'--z>óL , ~-e..-h~ i"'- \lµ.. & D's __ T}v>.~~ ~ )<:10 "'-"" ~ U..LW \-v -rlì:S \¡v..W YY\2> ~ V\f'-'Lv-k- ~ . ,\ ~ c..dV\. S L ì: ò U ~ \J'-.--L4-ð \.I ~ îY'- --\ tA;t r 0- C.Ò v\1. ~ A ~'L-o.- -- 1\ 0 y\ yU/\ ~ . , . (1~'" " @) fA J rr-00\~ fl,Us _ A'f'r.. ~,~ ~ ~ ~ 10 ~"~ II '~ J\R.sp~ LD~ I __ a...~ do ~~ ~(DV '\\ A ~U~ A Wk J ~ ~J.~. e¡Aì!A. - fA-<!'^~':( -sLuU ¡v.¡) +-- ~ ('....éYY\£ ¡ J -VI. -¿<L ~ Ò c..u.s S. Lv{J, )~ d¥\ ~ Æ&! ~'c.. tA- u~ A.~ S l ØV'- \ 0 Lo\. \,L c.-e... ~ S u c-t 0'\ ~ (/v Lr ~ rfV'> ~ ~~Lu ~-6o~ 0--' AJ 1- D.¿LA~~ ~~ct . ~~ ~ ~'^J ks A4 C(oJs.r ) ~dV\ ~\ ~J SC u lr~ . 7\f} çw 'I t\ ð'n A I PlA- -g3?BfaS' í~ - LJ4-I-13S--o ~.1-! . (, (. [~7Sil a TO: DAVID T. HARDEN, CITY MANAGER FROM: JOHN WALKER, PROJECT COORDINATO~ ø~ SUBJECT: MEETING OF OCTOBER 15, 1996 COASTAL CONSTRUCTION CONTROL LINE (CCCL) IN PALM BEACH COUNTY I::':)::))¡::):)::::':::::·:':\·)):):::)::::)::)):¡)\;\;n;::,::~:::::;::::::))::::::::)')::llæÎII::::I.III.1:::li\::mHI):)IIIIÎ_ÎB::j::j::j::jj)j\:j\))\))j));;:¡::;::::::::;:;:::))::):::;))):)~:)j;'\\))'):¡:::::::::::::::::1 The action requested of the City Commission is that of consideration of a proposal whereby the State Department of Environmental Protection would delegate CCCL authority to Palm Beach County. I'·" ':" 'r:"1" H"",',"""..,.""""",""',"""'" '1:1'::-"""""""""""" f' j.."..""""""" ']' H..."""""",·""", H;" H' r·.."""""'" H..".'..,·,,· H'.,.,,' '1""""""""· H.'" 'r:'rr:":',1 ::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;1111111111::::::::::::::::::;::;'::::::::::::::::::::::::::::::::::::::::::::;:':::::::::::::::::::::::::::::::::::::::;::::::::::::::::::::::::::::::::::::::;:::':::,:::::::::::::::::::: A September 30th memorandum from the Coastal Communities Coalition indicates that the Florida Department of Environmental Protection (FDEP) is willing to delegate the authority to establish and enforce the Coastal Construction Control Line (CCCL) to Palm Beach County if all the coastal municipalities agree. The ability for counties to receive such delegation has been part of the statutes for some time. At the October 8th City Commission Workshop, Kathy Daley provided additional information, reporting that the first step of such a delegation would be a study to address the site-specific characteristics that could lead to a "zonal approach" to establishing the CCCL. Partial funding for the study may be available from the State; the remainder would come from local sources. The zone approach may be to establish the CCCL based on local conditions, to create east-west zones allowing different levels of development, or a combination of both. In general, a zone approach that regulates development in east-west strips does not appear to be an improvement over the current approach, except that it provides a level of certainty for property owners as to what can be developed without the need to go through the studies currently 9.C· · City Commission Documentation Coastal Construction Control Line (CCCL) In Palm Beach County Page 2 required by the FDEP. The studies would be done in conjunction with creating the zones. On the other hand, evaluating segments of the coast on a site- specific basis to establish portions of the CCCL does appear to have the potential to better address the goal of protecting structures from being located in areas of risk. For example, in an area with a long-term beach nourishment program and where the local government has made a commitment to maintain a level of storm-damage protection, the area at risk can be further east. In an area where there is no beach management program, the area at risk may be much further west. I::::'::::::::::::::·:::::::::::::::::'::::::::::::::::::::::::::::::::::::::::::::.:::::.:::::.:::::::::::::::::::::::::::::::::::::::::':::::::::::'11111111:glg:::I~III:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::¡:::::::::::::::::::::::::::::::::::::::::::::::::::::::.,::::1 At this time, there is insufficient information available for us to express an opinion on the benefits of delegation, or a new approach to establishing the CCCL. The Coastal Communities Coalition meeting scheduled for October 17th may provide the information, and the City should be represented at that meeting. Once the scope of the proposed approach is known, we can be in a better position to make a recommendation on whether the cost of locally establishing and regulating the CCCL is a good public investment. S:\adv\beach\CCCL 1 I ! --~. ( - - I C I') (.~V"G{.,¿ '--<___.. I ,/ '" COASTAL COMMUNITIES COALITION MEETING NOTICE OCT 21996 CITy M41tt1ll"""') TO: Coastal Municipal Managers and Elected Off icials f)~¡::lf;¡' FROM: Arlin Voress, Chairman ~V~~ DATE: September 30, 1996 SUBJECT: Coastal Construction Control Line in Palm Beach County MEETING: Date: October 17, 1996 Place: Manalapan Town Hall - 600 South Ocean Boulevard Time: 1~00 P.M. (AlA) ------------------------------------------------------------------ ------------------------------------------------------------------ As all of you are aware, in 1992 the then DNR (now DEP) proposed to establish a new Coastal Construction Control Line (CCCL) in Palm Beach County under Florida statute 161. Public Hearings were held in the county and many disagreed with the proposed positioning of the line. The Coastal Communities Coalition was formed in 1992, in an effort to assist many concerned parties along the coast and to tell their story to DEP. Over the intervening time, much work has been done by many, in looking at the model used by the State, to develop the CCCL proposal. While the PEER review group that assessed the $300M study of the model, reported their concerns with the model, the DEP is not able to accomodate some of the unique features of our coastal area into their activities. Hence, the DEP will use the existing CCCL proposal, or some small modification thereof, to set the new CCCL in the county. The DEP is willing to delegate this authori ty to the County only if all coastal communi ties agree. Such delegation would allow a "zonal" approach in setting the line, to accomodate local zone characteristics, in the county. The County would only be interested in such an activity if all of the coastal municipalities requested such action. It is important to understand whether there is any interest in this approach and how it would be accommodated. I look forward to meeting with you to discuss this issue. YOUR DECISION IS REQUIRED NOW!!! MARGOT K. BECK, TOWN ADMINISTRATOR TOWN OF SOUTH PALM BEACH (561)588-8889 · (/ ('( .. lJ'--\ £ITY aF aELRRY BER[H CITY ATTORNEY'S OFFICE 2(,::) ~'; \\' l:-,t . " > j.LU',\Y DEACH, FLO¡{lD.·\ 3.H~~ F.:-'\CS!\liLL ..; Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F LOll: t D A tI.f.Itd AII·America City MEMORANDUM " III! DATE October 10, 1996 1993 TO: City Commission ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Amendment to the Solid Waste and Recycling Collection Franchise Agreement The City entered into an Agreement with Browning-Ferris Industries of Florida, Inc. (BFI) on August 8, 1996, for the collection of solid waste and recycling materials within the City. On September 20, 1996 the City received a letter from the Spanish Wells Condominium Association requesting that their collection service be reardoor rather than curbside. City staff reviewed this request and due to the configuration and location of the units it was determined that curbside service would not be practicable in this area. As the contract with BFI currently provides Spanish Wells receiving curbside service, the agreement must be amended to include this change. By copy of this memorandum to David Harden, City Manager, our office requests that this amendment to the Solid Waste and Recycling Collection Franchise Agreement be placed on the October 15, 1996 City Commission agenda. Please call if you have any questions. cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Joe Safford, Finance Director ~ .1./-0 a:, Or,'r-"'-~ --¡ nn Re'-"y-"(1(j Pì"'''' 9H '.~' . ,-," ',- -" ,'~ c,' ~ C i-"" "'....--' - AMENDMENT TO SOLID WASTE AND RECYCLING COLLECTION FRANCmSE AGREEMENT DATED AUGUST 8. 1996 THIS AMENDMENT to the Solid Waste and Recycling Collection Franchise Agreement dated August 8, 1996 is made this _ day of , 1996 by and between the CITY OF DELRAY BEACH (the City) and BROWNING-FERRIS INDUSTRIES OF FLORIDA, INe. (BFI). WITNE SSETH: WHEREAS, the parties entered into a Franchise Agreement dated August 8, 1996, to provide for the collection of solid waste and recycling materials within the City; and, WHEREAS, the parties desire to amend the Agreement to provide for reardoor service, rather than curbside service, for the Spanish Wells Condominium complex. NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. The Agreement dated August 8, 1996, is hereby amended to provide that the Spanish Wells Condominium Complex shall receive reardoor service at the same cost as provided for under reardoor service in the Agreement. 3. This Amendment together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 4. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any · amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to legal form and sufficiency: City Attorney WITNESSES: BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC. a Delaware corporation By: William B. Johnson, Vice President ONameprimedor~e~ (Corporate Seal) OName printed or ~ed) bficon.rev MEMORANDUM 'IO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1JA.;!l I SUBJECT: AGENDA ITEM # C¡:f. - REGULAR MEETING OF OC'IOBER 15 , 1996 CHANNEL 20 MUNICIPAL SURVEY DATE: ccroBER 9, 1996 We have received a request to determine the Conunission's interest in broadcasting meetings on Channel 20, the County's Government and Education Station. The fee for this service is approximately $250.00 per hour. Most managers with whom I have discussed broadcasting Commission meetings feel that it has had a negative effect on their meetings. Unfortunately, sometimes people are elected as Commissioners who tend to grandstand for the TV camera. As a result, issues are not always dealt with in the most constructive manner. Furthermore, we do not have this in our budget. I recommend responding that we are not interested in having our meetings broadcast. (!~ - /Ilo ~ ref:agmem07 ·_ ----;:- ¡C!I<> ~ OC'I October 1, 1996 elf < Ið.. y 414 'lJfó AIA,,¡- I . ~'''' , 1)- ·¡:flf.~ Mr. David Harden City Manager Department ofPabUc AffaIn City of Delray Beach Cllannel ao 100 N.W. First Avenue p.o. Box 1989 Delray Beach, FI. 33444 West Palm Beach, FL 33402-1989 (407) 355-4573 Dear Mr. Harden: PAX: (407) 355-6760 Channel 20, Palm Beach County's Government and Education Station, is contacting municipalities in Palm Beach County to ascertain if your · councilor commission is interested in having its meetings broadcast on Channel 20. The Board of County Commissioners is interested in I'abn Beach Couaty determining the county-wide level of interest. IIoud of Couaty Conunlølonen There is a fee for this service. It costs approximately $250.00 per hour to KenL.Foster.Chairman broadcast the meetings. Channel 20 charges for recovery costs only. There is no profit calculated into the hourly rate. Bun Aaronson. Vice Chairman Karen T. Marcus Please fill out the attached survey and return it to Channel 20 in the self- CarolA. Robens addressed-stamped envelope provided. We would appreciate it if you I could complete the survey even if your municipality is not interested in Warren H. Newell h .. . b d h"· aVlng Its meetings roa cast at t IS time. Mary McCarty Maude Ford Lee If you have any questions, please call me at (561) 355-4573. Thank you for your assistance with our survey. County AdmInIatrator Sincerely, ~ /J /J . RobertWeisman.P.E. ~. ~J.P ~ie Brechbill Channel 20 Station Manager cc: Board of County Commissioners Robert Weisman, County Administrator Denise Coté, Public Affairs Director ·Aft EqwJI Opportunity \ A/finru1.tivc Action Employer" @ I'fIntrJd on recyc:Ied peper ~- - ~ - - . . '. Channel 20 Municipal Survey · 1) Municipality: 2) Is your municipality interested in having its commission or council meetings broadcast on Channel 20 for a fee? Yes No 3) If no, would your municipality be interested in the future? Yes No If yes, approximately when would your municipality be interested in the service? · 4) On what day does your council or commission meet? 5) Would your council or commission still be interested in the broadcast service if your meetings were tape-delayed and not broadcast live? Yes No · · · Contact Julie Brechbill with questions. Telephone: 355-4573 Return survey to: Channel 20 301 N. Olive Ave., Suite 104 West Palm Beach, FL 33401 . - ---"~. · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER trf1·1 SUBJECT: AGENDA ITEM # C¡f - MEETING OF OCTOBER 15, 1996 BID AWARD/DELRAY GARDEN CENTER DATE: OCTOBER 11, 1996 This is before the Commission to consider approval of a bid award to the Delray Garden Center as the lowest responsible bidder, for landscape maintenance on Atlantic Avenue from west of the CSX Railroad to Military Trail. Bids were received from nine vendors. The bids were reviewed by the City's Horticulturist and the Director of Parks and Recrea- tion, who recommend award to the fourth low bidder, Delray Garden Center, at a total estimated annual cost of $31,560. The low bidder withdrew his bid from consideration, and the second and third low bidders' quotes for mulching were considered too low to provide the services requested in the bid package. Recommend approval of the bid award to the Delray Garden Center, in the amount of $31,560 from Repair and Maintenance Services - Beautification Maintenance (Account No. 119-4144-572-46.40) . ~ J./-O ~~ Item No.: 97 Agenda AGENDA REQUEST Date: Sept. 25, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: October 15, 1996 Description of agenda . ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation: Award contract for Bid 1196-54 to Delray Garden Center, at an estimated annual cost of $31.560. Funding from account 119-4144-572-46.40 Department Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available, ~ NO Funding alternative' . ~ ~-4bf ~) ~ \ Account No. & Des~f\i~tion: 1 I /-...,- - 5" . ~ ·iu ~ Account Balance: J S )0 City Manager Review: Approved for agenda: ~ NO ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn RO~~y, Senior Buyer ~ THROUGH: Joseph saÇ;~~nce Director DATE: October 02, 6 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING OCTOBER 15, 1996 - BID AWARD - BID #96-54 LANDSCAPE MAINTENANCE - ATLANTIC AVE. - WEST OF CSX RAILROAD TO MILITARY TRAIL Item Before Commission: The City Commission is requested to award to Delray Garden Center for Landscape Maintenance - Atlantic Avenue at an estimated annual cost of $31,560. Background: The Parks and Recreation Department has a need for a annual contract for landscape maintenance services for Atlantic Avenue - West of CSX Railroad to Military Trail. Bids were received from nine (9) vendors on August 26, 1996, all in accordance with Purchasing policies and procedures. (Bid #96-54. Documentation on file in the Purchasing Office) . A tabulation of bids is attached for your review. The Director of Parks and Recreation, Parks Superintendent and City Horticulturist have reviewed the bids received and recommend award to fourth low bidder, Delray Garden Center, at a total estimated annual cost of $31,560. See attached memo dated September 25, 1996. Recommendation is to award to fourth low bidder, as the low bidder withdrew his bid due to errors on bid form per attached memo from Complete Property Services dated August 28, 1996. In reviewing the bids from the second and third low bidders, their unit prices for mulch are extremely low and the Parks Department feels that they could not provide the services required. Recommendation: Staff recommends award to fourth low bidder, Delray Garden Center, at an estimated annual cost of $31,560. Funding from account 119-4144-572-46.40. Attachments: Tabulation Of Bids Memo From Parks And Recreation Dated September 25, 1996 cc: Joe Weldon Ray Eubank Nancy Davila [IT' OF DELRA' BEA[H DElRAY BEACH I t f) " I )-,\ tzad 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000 f'fifi! MEMORANDUM '¡q¡ TO: Joe Safford, Finance Director FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Recommendation for Bid #96-54 DATE: September 25, 1996 Attached please find a spread sheet for landscape maintenance on Atlantic Avenue west of the CSX railroad to Military Trail. The City received 9 bids with the low bidder, Complete Property Service, pulling their biQ. because of a mistake in their bid during the bid process. Both Ray Eubank, Parks Superintendent, and Nancy Davila, Horticulturist, ass.ilsted in reviewing the bids and do not recommend the next 2 low bidders, Tony Scott Complete Lawn Maintenance and First Genesis Lawn Service, because their quotes for mulching are extremely low and could not provide the services required. In addition, Tony Scott was contracted by the City in 1991 and 1992 for landscape maintenance and we decided not to renew his contract because of problems with his service. Therefore, I recommend the bid go to the next low bidder, Delray Garden Center, in the amount of $31,560.00 and charged to account #119-4144-572-46.40. -~ Parks and Recreation Attachment cc: David Harden, City Manager Sharon Morgan, Executive Assistant Ref:bid9654 @ Printed 0fI Recycled Paper THE EFFORT ALWAYS MATTERS [IT' DF DELRA' BEA[H DELRA Y BEACH f l 0 . 0 A bad 100 N.W. 151 AVENUE· DELRAY BEACH, FLORiDA 33444 . 407/243-7000 ;mrm Jackie Rooney, Senior Buyer 1993 FROM: Ray Eubank, Parks superintende~ - Nancy Davila, Horticulturist "ð-t-'L-<LC THROUGH: Joe Weldon, Director of Parks and Recreation DATE: September 23, 1996 SUBJECT: Bid #96-54 . After reviewing the bids for the maintenance of West Atlantic Avenue between CSX R.R. and Military Trail we recommend awarding the contract to Delray Garden Center. Both Tony Scott's and First Genesis' quotes for mulching are extremely low and could not provide us with the service requested in the bid package and First Genesis failed to include the turf area in their bid. Tony Scott was contracted by the City in 1991-92 and we did not renew with him because of problems with his service. Complete Property Services has pulled their bid because of a mistake on their part in the bid process.. RElsb ® Ponte-d on Recycled Papor THE EFFORT ALWÞ,YS MATTERS 08/30/1'3'35 03:58 4075883787 C P S PAGE 01 ~.,( '''. \ (50MPLETE / \)'. [j) 3000 HIGH RIDGE ROAD ~~ '.~. · ROPERTY SUITE 10-13 . ~~I~~E~E' LANDSCAPING . IRRIGATION . LlC~~::~::EA~H. ~L ~6 A DMslon of WK PROPERTIES, Inc. August 28, 1006 City of Delray Beach 100 NW 1st. Street Delray Beach, FL 33444 . AT'TN: Jacklyn Rooney Dear MS. Rooney; Please withdraw Bid #96-54, Atlantic Ave. West of CSX to Military Trail, as submitted by Complete Property Services. A serious typographical error was mad by our typist on the mulch figures resulting in an unrealistic bid amount. Respectfully submitted, ~~<::OPERTY Warren Kowalsky President Mamng Address: P.O. Box 3405 · Boca Raton, FL 33427 Palm Beach I Boynton (407) 588-3600 . OUtside Palm Beach (800) 416-LAWN (5296) . Fax (407) 588-3787 - CITY OF DELRAY BEACH TABULATION OF BIDS BID 1196-54 LANDSCAPE MAINTENANCE - ATLANTIC AVENUE WEST OF CSX RAILROAD TO MILITARY TRAIL August 26, 1996 I Complete Tony Scott First Delray Tare ITEM EST. ûESCRIPTlON Property Complete Genesis Garden Landscaping /I .QTY. Services ",awn Maint. Lawn Service Center 1.0 43 Mowing, Line 30.00 / 100.00 / 50.00 / 250.00 / Trimming & n/a Weed Control 1290.00 4300.00 2150.00 10750.00 2.0 22 Edging 15.00 / 40.00 / 20.00/ 50.00 / 330.00 880.00 n/a 440.00 1100.00 I 3.0 Pruning .' 400.00 / 300.00 / 375.00 / 450.00 / :WO.OO / (a) 12 Shrubs 3600.00 4500.00 5400.00 2400.00 4800.00 (b) 12 Trees & 100.00 / 200.00 / 450.00 / 500.00 / 490.00 / Palms 1200.00 2400.00 5400.00 6000.00 5880.00 I 4.0 i 43 Litter Control 10.00 / 50.00 / 70.00 / 100.00 / 20:00 / I 1 430.00 2150.00 3010.00 4300. 00 . 860.00 5.0 Chemical Applications 50.00 / 50.00 / 20.00 / 100.00 / (a) I 2 I Turf Insecticide 100.00 * 100.00 n/a 40.00 200.00 Program (b) n/a Shrub Insecticide (c) n/a Fire Ant Control (d) n/a Disease Control . (e) 1 Turf Fert. 50.00 / 25.00 / n/a ~ 30.00 / 100.00 / St. Augustine 50.00 25.00 30.00 100.00 (f) 2 St. Augustine 75.00 / 25.00 / n/a 50.00 / 100,00 / Weed & Feed 150.00 50.00 1 oo·~ 00 200.00 (g) 2 St. Augustine 75.00/ 50.00 / n/a 50.00 / 100.00 / Insect Fert. Comb. 150.00 100.00 100.00 200,00 (h) 2 Shade Tree 100.00 / 250.00 / 350.00 / 200.00 / 500.00 / Fertilization 200.00 500.00 700.00 400.00 1000.00 (j) 3 Shrub 250.00 / 325.00 / 450.00 / 1200.00 / 700.00 / Fertilization 750.00 975.00 1350.00 3600.00 2100.00 6.0 3 Mulch 250.00 / 500.00 / 1200.00 / 4000.00 / 1900.00 / 750.00 1500.00 3000.00 12000.00 5700.00 Tot a1 Bid Price $ 31,560.00 $ 32,890.00 $ 9000.00 $ 17,480.00 $ 19,460.00 (1) CITY OF DELRAY BEACH TABULATION OF BIDS BID 1196-54 LANDSCAPE MAINTENANCE - ATLANTIC AVENUE WEST OF CSX RAILROAD TO MILITARY TRAIL August 26, 1996 <- Luis Cintron TunJos Arbor Tree Kemp ITEM EST. DESCRIPTION Lawn Service Trading & Landscape Services II QTY. TnI"' r.n Tnc CO. Inc. Inc. 1.0 43 Mowing, Line 40.00 / 1000.00 / 400.00 / 200.00 / Trimming & 1720.00 43000.00 17200. 00 8600.00 Weed Control 2.0 22 Edging 5.00 / 10.00 / 75.00 / 200.00 / I 11 0.00 220.00 1650.00 4400.00 3.0 Pruning 1500.00 / 10.00 / 400.00 / 1800.00 / (a) 12 Shrubs 18000.00 120.00 4800.00 21600.00 (b) 12 Trees I:. 600.00 / 10.00 / 2000.00 / 600.00 / Palms 7200.00 120.00 24000.00 7200.00 I 4.0 t 43 Litter Control 6.00 / 10.00 / 75.00 / 600.00 / 258.00 430.00 3225.00 25800.00 ! 5.0 , Chemical Applications 12.00 / 250.00 / 30.00 / 300.00 / (a) : 2 I Turf Insecticide 24.00 500.00 60.00 600.00 Pro~ram (b) n / a Shrub Insecticide (c) n/a Fire Ant Control (d) n/a Disease Control (e) 1 Turf Fert. 28.00 / 100.00 / 20.00 / 150.00 / St. Augustine 28.00 100.00 20.00 150.00 (f) 2 St. Augustine 28.00 / 100.00 / 20.00 / 150.00/ Weed & Feed 56.00 200.00 40.00 300.00 (g) 2 St. Augustine 28.00 / 100.00 / 25.00 / 300.00 / Insect Fert. Comb. 56.00 200.00 50.00 600.00 (h) 2 Shade Tree 420.00 / 100.00 / 500.00 / 500.00 / Fertilization 840.00 200.00 1000.00 1000.00 (j) 3 Shrub 650.00 / 100.00 / 500.00 / 1500.00 / Fertilization 1950.00 300.00 1500.00 4500.00 6.0 3 Mulch 1500.00 / 200.00/ 3370.00 / 1500.00 / 4500.00 600.00 10110.00 4500.00 Tot a1 Bid Price $45,990.00 $63,655.00 $79,250.00 $34,742.00 I (2) , . Tabulation of Bids Cont.... Pricin~ For Additional Work (If Needed) Complete Tony Scott First Delray Tare Property Complete Genesis Garden Landscaping Item Descrintion: Services Lawn Maint. Lawn Service Center 13 (a) Sod Replacement p/ sq. ft. .45 100.00 n/a .25 5.00 13(b) Plant & Tree Installation 18.00 10.00 20.00 15.00 25.00 labor p/hour p/man l3(c) Fertilizing 18.00 8.00 15.00 15.00 labor p/hour 75.00 p/man 13(d) Additional Pest Control per 50.00 100.00 150.00 50.00 400.00 50 gallon application Additional Pest Control per 60.00 100.00 75.00 50.00 100.00 50 pound ¡application 13(e)j Fire Ant Control : labor per hour 18.00 8.00 15.00 15.00 100.00 ; p /man Comments/Exceptions: Equipment / *Bidder will Equipment Vehicle List contract list Ruh- Submitted with qual- mitted with with bid Hied firm bid to perform I chemical applications Equipment List Sub- mitted with bid 0) Tabulation of Bids Cont.... PricinQ For Additional Work (If Needed) Luis Cintron TunJos Arbor Tree Kemp Lawn Service Trading & Landscape Services Item Descrintion: Inc Co. Inc. Co. Inc. Inc. 13(a) Sod Replacement p/ sq. ft. 2.00 3.50 .60 3.35 13(b) Plant & Tree Installation 20.00 25.00 25.00 60.00 labor p/hour p/man 13(c) Fertilizing labor p/hour 20.00 25.00 25.00 12.00 p/man 13 (d) Additional Pest Control per 132.00 600.00 50.00 500.00 50 gallon application Additional Pest Control per 132.00 600.00 50.00 500.00 50 pound I application 13 (e)¡ Fire Ant Control ; labor per hour 20.00 25.00 15.00 12.00 p/man Comments/Exceptions: List of List of List of Equipment Equipment Equipment Submitted Submitted Submitted with bid with bid with bid I (4) CITY OF DELRA Y BEACH ENVIRONMENT AL SERVICES DEPARTMENT MEMORANDUM To: Alison MacGregor-Harty City Clerk From: José Aguila, R.~ Construction Manager Date: October 21, 1996 Subject: Tennis Center Building Repair Project No. 96-054 At the City Commission meeting of October 15,1996, the Commission approved award to JAM Painting and Sandblasting a contract to repair the siding at the Tennis Center building, Item 9K. The approval was conditioned on the City receiving a letter from the low bidder, Petra Builders, stating that they would withdraw their bid on this project. Attached is a copy of the requested letter. Please attach this to the file. Thank you. cc: Jackie Rooney Victor Majtenyi File 96-054 (A) Rt.ê~rvED s:\...\9654\petraltr lo ;zJ/qte, cn" CLERK , From: Petra Builders inc PHONE No. : 305 570 7002 Oct. 16 1996 3:47PM P02 ~Þetra builders. Inc. 4010 NE 24th Ave. Lighthouse Point. FI~ 33084 To Whom It May Concem: 10·16--96 We Petra &dlders. Ino., wleh to withdraw our bid for the Tenni. Club repairs and do 80 without preJudice. We al60 would like to remain 0'"' your bid U.t and look fOJwtud lv bl\JdlfJ9 any future work for the city of Delroy Beaoh. Thank you. ~=:..~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Cr( SUBJECT: AGENDA ITEM # elK. - MEETING OF OCTOBER 15, 1996 BID AWARD/JAM SANDBLASTING AND PAINTING DATE: OCTOBER 11, 1996 This is before the Commission to consider approval of a bid award to JAM Sandblasting and Painting, as the lowest responsible bidder, for the Tennis Center Clubhouse wood siding removal and replacement. Bids were received from nine vendors. Staff recommended award to the second low bidder, JAM Sandblasting and Painting, at a total estimated annual cost of $13,980. The low bid of $8,370 was rejected, as staff felt the quote was too low to cover the true costs of all materials and labor necessary to properly perform the needed work. Recommend approval of the bid award to JAM Sandblasting and Painting, in the amount of $13,980 from Tennis Center Phase III - Improvements Other (Account No. 334-4145-572-63.43) . · Agenda Item No. ~ AGENDA REOUEST Date: October 7. 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: October 15. 1996 Description of item (who, what, where, how much) : Staff request City commission approve award of contract to JAM Sandblasting and Painting. in the amount of 513. 9BO.00. to cover the cost of damaged wood siding removal and replacement on the Tennis Center Clubhouse Building. Funding is available from the Tennis Center Bond Account # 334-4145-572- 63.43. ORDINANCE/RESOLUTION REQUIRED: Not required. approve award of the of 513. 9BO.00. Department head signature: - Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable) : Budget Director Review (required on all items involving expenditure of hmds) : @ '-6 S%.Vw,V!..i'/ Funding available: YES 0 Funding alternatives (if _~: "Vh \II Account No. & DescriPt~on ' - ,-511-..-103.43 \~\~ W.ß¡r'- - Account Balance \ I~ City Manager Review: tir1 Approved for agenda: ~NO Hold Until: f./ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved CITY OF DELRA Y BEACH ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: José Aguila, R.~ Construction M er Date: October 7, 1996 Subject: AGENDA REQUEST 10/15/96 Tennis Center Building Repair Project No. 96-054 On August 20, 1996, the City received one bid for the replacement of damaged wood siding on the Tennis Center Clubhouse Building. City staff felt that the submitted bid of $8,310.00. was not representative of the true cost of the work and recommended that the City Commission reject the bid and approve a request for new bids. On September 3, 1996, the Commission rejected the one bid and staff proceeded with the re-bid. On October 4, 1996, the City received nine bids in the following amounts. !:!:lINlllli !::!!!!!:::: $ 8,371.70 Associated Construction, Inc $15,353.00 Castle Florida Building Corporation $15,360.00 ARZ Builders, Inc $18,250.00 R.L. Construction, Inc. $18,877.00 McTeague Construction, Inc. $22,900.00 Forrest Construction Management, Inc. $23,165.20 Republic Construction & Development Corporation $29,675.00 Staff feels that for the same reasons the first bid was rejected, this low bidder should again be rejected. We feel that $8,370.00 is not sufficient to cover the cost of all materials and labor to properly perform the needed work. The City has been in contact with Mr. Terry Metts, of Petra Builders, and he is in agreement that it would be prudent for the City to proceed with the number two bidder. Therefore, staff recommends that the City Commission award a contract to JAM Sandblasting and Painting in the amount of $13,980.00. for the Tennis Center Clubhouse wood siding removal and replacement project. Funding is available from the Tennis Center Bond Account number 334-4145-572-63.43. cc: William Greenwood Jackie Rooney Agenda File 10/15/96 File 96-054 (A) s:\...\9654\agmml 0 15 I I . I I I ! i I I I ! I I i I I I l I I I I ! .. I · · · · · 0.;. ! , .~ ... . I I , I _1 .......- I~ WEST ELEVATION -----s-~MtN~ f ~"'Voc:::;: Pt-I tc-!C,HT ~jl?~ t:'~ ¡¡'L~"¡).T":z... OPSrJIJ'i (I!.~\. 1··.z:') 16 ~ - ------------------------- sr_ stAY ~ . _ _ _ _u..n:o~~____ . ----------------------- ----------------------- I ~~ i i u,,__ I! I I. I I I I " I I I I II I I I I!, ¡ I!, I I I , ~,! I I II I III , Ii, I ! , I I II Ii! ~d ~ · !~ ' , . 'I '. · I .. · U· HF~~· ,r~q~:;;r¡~f~~~W~UUJ~~I~i¡¡1 · íl 'I"'" ,,"' -,~~, ,"-~~, . ~._" " , · " i ~ II . ~ II I I ,_. II I- :z: I n' f·'~ ,. ~ , I ',: ' , " :: I ' -~~---~-:-----1-- '- ~HUI / ~---' EAST ELEVATION . 17 \ \ . 1 . ; , , ! ,: '!'""O ,: . ¡ (Tn". I I· I I I I I I I , LJil~ I I III I .. ,~,-~>,A,,-__.. . ... NORTH· ELEVATION' ,"...... .- '. . 18 ·. .. .- I . . II I , I , ¡OUTH ELEVATION ,. . 101. :00 - (rIP.) 1/ \ "NIt r~. rrr 1IIO.IÐtOt ooa.s ·./I"~· ':It.MISCIII I. ..... _ -(T'rP. 19 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~// SUBJECT: AGENDA ITEM # 9L - MEETING OF OCTOBER 15, 1996 REOUEST FOR ADDITIONAL MAINTENANCE/HUNGERFORD CANAL DATE: OCTOBER 11, 1996 Several residents of the Bass Creek/Tropic Palms subdivisions have asked to appear before the Commission to request that the City provide additional maintenance of the Hungerford Canal. An information sheet outlining our current policy and the recent action taken is attached. Also attached is a copy of Florida Statutes 177.081(2) which makes it clear that the City is in no way obligated to maintain this canal. The canal is not readily accessible to the general public. Therefore I recommend that we continue our policy of maintaining the canal for drainage purposes only, unless the abutting property owners are willing to pay the added cost for a higher level of maintenance. , - / - , /j.1..( . ~ [I" DF DELIA' BEA[H DElRAY BEACH f lOR I D A tI.ftd 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·4071243-7000 AlI·America City " III! ATTENTION RESIDENTS CITY COMMISSION INFORMATION SHEET 1993 The City Commission has directed staff to maintain vegetation in Bass Canal and Hungerford Canal (south of the Audubon Boulevard bridge) for drainage purposes only, not for aesthetic or navigational purposes. The Lake Worth Drainage District provides vegetation management when 40% or more of the water course is covered with submerged or emergent vegetation. Vegetation coverage beyond the 40% bench mark is presumed to impede drainage flow. The City of Defray Beach is adopting the same 40% or greater vegetation coverage factor prior to initiating any remedial action in these bodies of water. On September 20, 1996, City staff performed a visual inspection by boat of the two canals and determined that vegetation in both canal areas exceeded the 40% bench mark. Based on the greater than or equal to 40% criteria, we will initiate vegetation management by chemical application. The date of application will be October 8, 1996. If inclement weather is present, October 10, 1996 will be the alternate application date. Spraying will be done in accordance with South Florida Water Management District recommended types of chemicals and manufacturers suggested application rates. The City will continue to monitor these canals on a scheduled basis and provide vegetation management for drainage purposes. Notifications will be provided to properties adjacent to the Bass Canal and Hungerford Canal via hand delivered notices prior to the application of herbicide. The notices will provide any irrigation or human contact restrictions with the treated water. Thank you for the opportunity to explain our course of action. Yours truly, µ-r~ David Harden City Manager @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS DH/H O/sdlJ 10/4/96 · .. 10-04-1996 2:36PM P. 1 October 4, 1996 RECEIVED OCT 0 4 1996 Mr. Hoyt Owens PUBLIC WORKS City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Dear Mr. Owens: Pursuant to our phone convasation on 9-27-96 below is the treatment plan for the City of Delray Beach. ASJ will treat both canzls on October 8, 1996. Site #1 will be sprayed for :1ydriUa and Duckweed using Sonar at a rate of 1 pint/acre (.04 ppm). After applying the Sonar, the torpedograss md related brush will be sprayed using Rodeo (3 oz/gal). Spraying for the grasses and brush immediately after app .ication will allow the Sonar to be dispersed throughout the water column. Site H2 (Hungerford Canal: will be sprayed for HydriIla using Aquarhol K at a rate of 5 gal/acre (2.0 ppm). Chemicals wíIl be applied using label rates. After treating the canal for Hydrilla, ASI's technician will spray the canal bank: for torpedograss and related brush using Rodeo (3 oz/gal). Residents muzt be instmct:d to adhere to a 14 day irrigation restriction on both canals. Residents along the Hungerford Canal must be i1Structed not to enter the water for a period of 1 day. Please note the results (If thl: Hydrilla treatments win be affected by the amount of water flow in the canals. As a result desired control may fl'Jt be obtained. If you have any questioas, c:mcerns, or if there is any way I can be of assistance, don't hesitate to call. We look forward to seeling the City of Defray Beach! Sincerely, ----Y:;¡. þ.- J;~cf}- .~ Todd A. Barhydt Sales Manager!Bíologist TB/tg Enclosure ~1995 \.AND BOUNDARIES Ch. 111 dence ot such approval shall be placed on the plat. Ii not roadway, alley or other similar strip is reserved unto the ._-~ "'P'",ed. the governing body ow.t return the plat to dedicator or his or her heirs, successors, assigns, or the surveyor and mapper. However, such examination \egal representative. or similar language. and thereafter a.nd approval for conformity to this chapter by the appro- conveys abutting lots or tracts, the conveyance shall P''''' gov""ing body ",ail not include the veòftC.t;on carry the reversionary interest in the abutting street to 01 the survey data, except by a surveyor and mapper the centerline or other appropriate boundary, unless the either employed by or under contract to the local gOV- owner clearly provides otherwise in the conveyance. erning body for the purpose of such examination. For the (2) As to all plats of subdivided lots heretofore rec- purposes of this chapter: orded in the public records oi each county, the hOlder (a) WMn the plat to be submitted for approval is of any interest in any reversionary rights in streets in located wholly within the boundaries of a municipality. such plats, other ttlan the owners of abutting lots, shall the governing body oi the municipality has exclusive tlave 1 year irom July 1, 1972. to institute suit in a court ¡urisdictiOf\ to approve the plat. of competent ¡urisdictiOf\ if\ ttlis state to establish or ~¡fv (b) When a plat lies whOlly within the unin<:O!1'O¡ated eniorce the right. and failure to institute the action within areas ot a COUf\ty, the governing body ot the county has the time shall bar any right. title or if\terest. and all right exclusive iurisdiction to approve the plat. ot iorieiture or reversiOf\ shall thereupon cease af\d (c) When a plat lies within the boundaries of more determine, af\d become uneniorceable. thaf\ Of\e governing body, twO plats must be prepared \ilstarY.-ss. 1.2, ch. 12-257; s. SO, ch. 73-333; s. 936. ch. 95-147. ~}rf\ and each governing body has exclusive ¡urisdiction to 177.086 Insta"ation of cu\_de-sacs.-In the event approve the plat withif\ its boundaries, unless the gOV- erning bodies having said ¡urisdiction agree that one a municipality or county installs a cul-de-sac on a street plat \5 mutually acceptable. or road uf\der its ¡urisdictìon and thereby discontinues (2) MY provision in a county charter, or in an ordi- use ot any existing street or road right-oi-way, such dis- nance of any charter county or consolidated govem- COf\tinUance shall not operate to abandon or vacate the mef\t. which provision is inconsistent with anything con- unused right-oi-way unless the governing body oi the tained in this section shall prevail in such charter county municipality or county adopts a resolution or ordinance, or consolidated government to the extent of any such as appropriate, vacating the unused right-oi-way. inconsistency. . HlstOI'Y.-s. 73. ch. 67-243. HIS\OIY.-s. 1. ch. 71-339: s. 1, çh. 76-11Q; s. 1. ch. 71-152". s. 1. ch. 71-ZJ6: a· 177.091 Plats made fo' reco'dlng.-Every plat oi a \03, ch. 94-119: s. 1, ch. 95-176. subdivision offered tor recording shall coniorm to the tol- 171.081 Dedication and approva"- lowing: (1 ) Every plat of a subdivision iiled ior record must (1 ) It shall be: contain a dedication by the developer. The dedication (a) An original drawing made with black permanent shall be executed by all developers having a record drawing ink or varitype process on a good grade linen interest in the lands subdivided, in the same manner in tracing cloth or with a suitable permanent black drawing which deedS are required to be executed. All mortga- ink on a stable base iilm, a minimum oi 0.003 inches gees having a r_d interest in the landS subdivided thick, coated upon completion with a suitable plastic ...__,a·. '" . shall execute, in the same manner in which deeds are material to prevent ilaking and to assure permanent legi- required to be executed, either the dedication contained bi\ity; or on the plat or a separate instrument ¡oining in and ratiiy- (b) A nonadhered scaled print on a stable base film ¡ng the plat and all dedications and reservations made by phOtOgraphiC processes irom a film scribing thereon. tested for residual hYPO testing solution to assure per- (2) When a tract or parcel of land has been subdi- manency, vided and a plat thereoi bearing the dedication exe- Marginal lines, standard certificateS and approval torms cuted by the developers and mortgagees having a rec- ord interest in the lands subdivided and the approval oi shall be printed on the plat with a permanent black the governing body has been secured and recorded in drawing if\k. A print or photographiC copy of the original compliance with this chapter, all streets, alleys, ease- drawing shall be submitted with the original drawing. ments. rights-Of-way, and public areas shown on such (2) The size oi each sheet shall be determined by plat, unless otherwise stated. shall be deemed to have the local governing body and shall be drawn with a mar- been dedicated to the public ior the uses and purposes ginal line, or printed when permitted by local ordinance. thereon stated. However, nothing herein shall be con- completely around each sheet and placed so as to leave strued as creating an obligation upon any governing at least a \ /z-inch margin on each ot three sides and a body to pertorm any act of construction or maintenance 3-inch margin on the left side oi the plat tor binding pur- within such dedicated areas except when the obligation poses. is voluntarily assumed by the governif\g body· (3) When more than one sheet must be used to I\IStoIY.-s. 1. ch. 71-339: a. 2. ch. 79-86· accurately portray the lands subdivided, each sheet 177.085 must shOw the particular number ot that sheet and the Platted streets; reversionary c\auses.- total number oi sheets included, as well as clearly (1 ) When any owner oi land subdivides the land and labeled matchlines to show where other sheetS match dedicateS streets, other roadways, alleys or similar or adjoin. strips on the map or plat, and the dedication contains (4) In all cases. the scale used shall be oi sufficient a provision that the reversionary interest in the street. size to shOW all detail and shall be bOth stated and 1335 · . &1 . MEMORANDUM f~3 ~ ø-. ¿~I~S1 fr~ 'IO: MAYOR AND CITY COMMISSIONERS ~';d- ¡rf'tJf'.ff1 FRG'I : CITY MANAGER [fJv\ .<tþ SUBJECT : AGENDA ITEM # loA - REGULAR MEETING OF œ'IOBER 15 , 1996 SECOND READING AND PUBLIC HEARING FOR ORDINAN:E NO. 34-96 (LAVER'S OORTH SAD) DATE : œ'IOBER 9, 1996 This is second reading and a quasi-judicial/public hearing for Ordinance No. 34-96 amending the Laver's North Special Activities District (SAD). At reconsideration on first reading on October 1, 1996, the Commission passed the ordinance by a vote of 4 to 1 (Mayor Alperin dissenting). Ordinance No. 34-96 modifies the Laver's North Special Activities District (SAD) by amending the master developnent plan to formally incorp:jrate the temporary sales and reception building as a permanent structure on the site. The building in question is located on the south side of the developnent, adjacent to Egret Circle. It was built in 1981 as a temporary sales complex and was to be removed once the meeting rooms, restaurant and lounge associated with the tennis club were constructed. These improvements have since been eliminated. The building had been occupied bya tennis school and used as a sales office, but is currently vacant. It was vandalized earlier this year and severely damaged. Repairs were started but were stopped by the Building Deparbnent because no permit had been issued. Since the structure is technically shown as a temporary building and was not indicated on the master developnent plan, a permit carmot be issued without first obtaining formal approval. The Planning and Zoning Board reviewed this matter at public hearing on August 19, 1996, and voted unanimously to recommend that the request be approved based upon positive findings, and subject to the following conditions: (1) That upgrading of the balance of the parking area be completed in conjunction with the parking lot upgrades to be installed by The Vinings i (2) '!he "Site and Landscape Plan Technical Items" identified in the staff report be incorporated into the parking lot improvement plans; (3) That a dumpster enclosure with screening and vision obscuring gates be provided and incorp:jrated into the improvement plans for the parking lot i and (4) That the street lights throughout the Laver's North developnent be illuminated. Recommend approval of Ordinance No. 34-96 on second and final reading, based upon and subject to the Planning and Zoning Board' s recommendation. ref: agmemo15 I , . - ORDINANCE NO. 34-96 AN ORDINANCE OF 'IHE CITY c:x::I>1MISSION OF THE CITY OF DELRAY BEACH , FIDRIDA, AMENDING THE LAVER IS NORTH SPECIAL ACTIVITIES DISTRICT (SAD), AS ESTABLISHED BY ORDINANCE NO. 65-80, AND AMENDED BY ORDINAOCE 00. 21-95, I BY AMENDING THE APPROVED MASTER DEVEIDPMENr PLAN OF RECORD 'IO FORMALLY INCORPORATE 'IHE TEMPORARY SALES AND i RECEPI'IOO BUILDING AS A PERMANENI' STRUCTURE ON THE SITE I I PLAN FOR THE DEVEIDPMENr; PROVIDING A GENERAL REPEALER ¡. CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ! WHEREAS, an application has been received for a modification I to I the SAD (Special Activities District) established by Ordinance No. 65-80, as amended by Ordinance No. 21-95, to allow the temporary sales and reception ì building to be made a permanent part of the approved site plan of record for I the Laver's North developnent, to accanmodate a tennis school/academy; and ! I WHEREAS, pursuant to LDR Section 1. 1 . 6, the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting , ! of August 19, 1996, and voted unanimously to recanmend that the request be i approved; and r I WHEREAS, pursuant to Florida Statute 163. 3174 ( 4) (c), the Planning ! and Zoning Board, as Local Planning Agency, has determined that the change I i is consistent with and furthers the objectives and policies of the l Canprehensive Plan. I !, NC)V, 'lHEREFORE, BE IT ORDAINED BY THE CITY c:x::I>1MISSION OF THE CITY OF DELRAY BEACH, FWRIDA, AS FOLI.aVS: ¡ I Section 1. '!bat the Master Developnent Plan for the Laver's North SAD (Special Activities District) is hereby amended to make the existing 4,000 sq. ft. 'temporary' sales canplex building a permanent structure to accamnodate a tennis academy (International Tennis Resort) and sales office II associated with the Laver's North developnent, as reflected on the approved ¡ site plan of record dated April 28, 1995. i Section 2. '!hat all ordinances or parts of ordinances in conflict I I: herewi th be, and the same are hereby repealed. Section 3. '!hat should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of canpetent 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. i I I I , - - .- -- -"' - ---- H~ _.. ,- - ~, -.. _. -, - i , ¡ , Section 4. '!hat this ordinance shall becane effective inunediately i up.:m passage on second and final reading. ¡ I PASSED AND ADOPTED in regular session on second and final reading on this the 15th day of October , 1996, . ATl'EST: i (1;, Ñm'1J1!/ -ku r 1h7t¡ l.ty Clerk First Reading October 1, 1996 Second Reading October 15, 1996 i i ! i i I ! : ! i I ¡ f - 2 - Ord. No. 34-96 I ¡, ! , I ! I ¡ .. I I ~ 0 ~ ~~ ~. t ~~ ~ ~ i! z VI~ ~ Mi gr=: ! ~§ !;~ '!I~ "'VI ~~ I ~ r- - ~~ ~~ (J') i~ -0 fT1 ~ (") » ï ~ UI g -f i~~ < t)~¡ :::¡ o~6 ~ Œ~ ~ orrl -;0 ~(j) ~ nz P -fo ~ ;R -;0 > ~--i ~ OJ: .......... ¡; a ~ ~! . 0 ;;¡ __ oC 0 ªo ¡ . ." o ~ ~ B (') ~:a ~ (j) "< ~ Q) 0 Q 0 Z c .W. 4 Ii . r- W 4tH A ~ . 1"'1 :>1~ < I: ;;:¡,.. ~ t "'n~ ,..r- ~~ t)~ » ~JCI .. ~ !; ::0 ~ 'b"'< ~ VI ~~ 0 §& ~ VI~~ ~g :.,;.... ~~5 VI ~"'< ~VI~ ~ ~M~ ): ~VI ~ r- . [~ TO: DAVID T:.. HARD~ITY ~ANAGER ~ ~~~ THRU: DI E DOMING Z, D REC R DEPARTM T OF LAN AN ZONING Q FROM: Y A. COSTEllO R PLANNER SUBJECT: MEETING OF SEPTEMBER 3, 1996 APPROVAL OF A MODIFICATION TO THE LAVER'S NORTH SAD (SPECIAL ACTIVITIES DISTRICT). lOCATED ON THE NORTH SIDE OF EGRET CIRCLE. WHICH IS SOUTH OF LINTON BOULEVARD. BETWEEN S.W. 4TH AVENUE AND S.W. 10TH AVENUE. ~:¡(~~f~¡¡¡¡¡;:i,i,¡¡~:¡:;:;~';¡!::::¡::;:::::::::¡:~;:::;::::;i,:·~;::::::::;'lgíi"mÑ.::ïigQII.·~;e·::îlfti:·111IfIIIÎN,·,!::;:::;:;::::;:::::;::::::::::::¡:::.;::::::::;:::¡::::::;::::::::::';:;:',;:;;::::::··I The action requested of the City Commission is that of approval of an amendment to the SAD (Special Activities District) for laver's North, pursuant to LOR Section 2.4.5(0). Because the modification involves a technical change to the master development plan, it must be processed as if it were an amendment to the SAD ordinance. The subject property is located on the north side of Egret Circle, which is south of Unton Boulevard, between S.W. 4th Avenue and S.W. 10th Avenue, within the SAD (Special Activities District) zone district. I¡~¡f:!¡~fi¡~~:::!::m::;::::::::';::::¡¡:::¡:::::~::::'::::;::::::::::::¡:::::~::::¡::::~::::~:::I¡:~~:;;::::::::::-::;:::::::¡:::::~;:::::¡;:I::::::j::::II§1111INI'i::::j¡::¡:I::::::::¡;;:¡:;¡:::::¡:::::¡:::::¡::j::::::i::::;::::::::::::::::'::¡::::::;:::::::::¡;::::::::!:,:::,:::::::::::::::::::::::::::::::::¡::::::':;.::;:.::::1 In 1981, a 4,000 sq.ft. "temporary" sales complex for the condominiums and time-shares was constructed on the south side of the Laver's North development, adjacent to Egret Circle. The "temporary" sales complex was to be removed once the meeting rooms, restaurant and lounge associated with the tennis club were constructed. These improvements, however, were eliminated City Commission Documentation Meeting of September 3, 1996 Modification to the Laver's North SAD Master Development Plan Page 2 when the SAD was modified in 1995. The structure was occupied by a tennis academy/school (International Tennis Resort) and utilized as a sales office associated with the laver's North development but is currently vacant. Earlier this year, the building was vandalized and the restrooms were severely damaged. The applicant started to repair the facility without proper permits and was issued a violation notice by the Community Improvement (Building) Department. As the structure has been represented as a "temporary" structure, and was not indicated on the master development, a building permit could not be issued without first obtaining formal approval for the structures. The development proposal is to amend the approved master development plan of record to make the existing 4,000 sq. ft. "temporary" sales complex building, a permanent structure to accommodate a tennis academy (International Tennis Resort) and sales office associated with the laver's North development. ~::jjì~i:j~~¡¡::::¡t~¡1:¡[:::¡~¡¡:ji,:¡:¡:::::::::}:\:I.NI~N~:':llg::·III~II:::·øIIIÎ::¡Îlïl~IÎ.I~IÎ.:':::.':'::¡:'::::::':::::::::::¡::::,¡::i:j::i::::::::::::··:··::::::1 At its meeting of August 19, 1996, the Planning and Zoning Board held a public hearing regarding the request. There was one member of the public that spoke in favor of the request, and no one spoke in opposition to the request. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the request be approved based upon positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(0)(5) (Rezoning Findings) of the land Development Regulations, and policies of the Comprehensive Plan, subject to conditions listed in the staff report. ~:¡t¡!á,1W~)f::;:íí'::,;:::::::;¡:::¡:::::;:;1:::'::::;:::::::.':::::::::¡':'''::.::¡'::::.:::::::¡\:::::::::::::¡:::'::::::::::::a§~IIM§øQI~:·Îlm~IB:,::::,¡:::::::;::::::::;::::::.::::::::::::::.::::,.::":,:,'::::::':::::::::::'::::::::::::':::.:::::::,::::::;:::::::::::::::::::':'::'·'·:·;:'1 By motion, approve the master development plan modification request to the Laver's North SAD (Special Activities District) based upon positive findings and conditions as recommended by the Planning and Zoning Board. Attachments: Q P & Z Staff Report and Documentation of August 19,1996 . PLANNING AND ZONING BOARD . CITY OF DELRA Y BEACH ---STAFF REPORT--- MEETING DATE: August 19,1996 (Postponed from July 15,1996 Meeting) AGENDA ITEM: V.A. ITEM: Modification to the SAD (Special Activities'District) for laver's North to Incorporate the Existing Temporary Reception Buildings as part of the Approved Site Plan of Record. >' SOLI) WASil I IIWISI'Øt ~ STA_ IIU.Df ÆUJ MUDI I ,,- GENERAL DATA: Owner/Applicant............. Gloria Glass, L.P. A Georgia Limited Partnership c/o Doak Campbell. '" location.......................... North side of Egret Circle, which is located south of Linton Boulevard, between S.W. 4th Avenue & S.W. 10th Avenue. Property Size.................. 5 Acres Future land Use Map..... Medium Density Residential 5-12 dulac Current Zoning............... SAD (Special Activities District) Proposed Zoning............ SAD Adjacent Zoning....North: GC (General Commercial) & PC (Planned Commercial) East: CF (Community Facilities) & OSR (Open Space and Recreation) South: RM (Multiple Family Residential) West: PC & SAD Existing Land Use.......... An existing vacant "temporary" sales and reception building, a parking lot, and vacant land. Proposed Land Use........ Modification to the SAD to allow the temporary sales and reception "bliilding to be a permanent part of the approved site plan of record for the Laver's North development, to accommodate a tennis school/academy and a sales office. Water Service................. Existing on-site. Sewer Service................ Existing on-site. V.A. 1:¡:'~~~':'·:¡;:·;:';':":\::'i:O:"·.·:...'.;i.:·:::~ttgM.··I..§·~·g.·B§..:::tr.;ia§.:··:".:Î.:.g.I·:.B.º··:.:..:.,.:.i.::::;,:,:;i::',::::::::::::::::::;::.::.::::¡·:::::;::::;::::::,....::;.:::·....:.:::I The action before the Board is that of making a recommendation on a modification to the Laver's North SAD (Special Activities District), pursuant to Section 2.4.5(0). The subject property is located on the north side of Egret Circle, which is south of Linton Boulevard, between S.W. 4th Avenue and S.W. 10th Avenue. Pursuant to Section 4.4.25(C)(1), all SADs are established via an ordinance processed as a rezoning. Further, pursuant to Section 2.2.2(E), the Lo~1 Planning Agency (P & Z Board) shall review and make recommendations to the City Commission with respect to the rezoning of any property within the City. <'~:?:,¡~1:~fí1~i~;~~¡:¡::::::¡!¡::::;¡:::i::¡:;::::¡:::¡:¡~¡¡¡::¡:¡:¡:¡~::;;¡;;¡;::¡;:¡:¡;::¡¡¡::::¡:~:tt1i~11::I::I¡I;I¡:¡I¡:I:::Q:::I::::Î::::r;¡¡~::iii¡m;Hfi¡¡::~~:;;lt~:~¡¡::t:m¡::(:¡¡¡¡¡::¡¡:~::~~:¡¡~:¡;~ì::i:'::::¡:::::::::¡:::::::¡:: The subject property is a 5 acre portion of the overall 61.91 acre Laver's North development. On November 25, 1980, the City Commission approved Rezoning (RM-10 to SAD), Conditional Use and Site Plan approval requests for Laver's North. The Conditional Use and Site Plan approvals were for a tennis resort consisting of 610 dwelling units in eleven 5-story buildings, 26 tennis courts, recreational amenities and resort facilities including meeting rooms, a restaurant and a lounge. A final plat was approved by the City Commission on May 12, 1981. On August 25, 1981 a modification to the Conditional Use was approved by the City Commission (via Ordinance No. 57-81) to allow 240 of the 610 dwelling units to be resort dwelling units (time-share units). Two site plan modifications were processed in 1981 and 1984 which involved additional access points and relocation of support buildings (maintenance and laundry buildings) and other minor adjustments. Between 1981 and 1995,40.57 acres of the overall 61.91 acre development had been developed with a total of 318 units (six 5-story buildings), 19 tennis courts, and a portion of the resort facilities (2 buildings). In 1981, a 4,000 sq. ft. '1emporary" sales complex for the condominiums and time-shares was constructed on the south side of the Laver's North development, adjacent to Egret Circle. On May 16,1995, the City Commission approved a modification to the Laver's North SAD (via Ordinance No. 21-95) consisting of the following: '. . a Modifications to the eastern 21.34 acre parcel which included the following: . Replacing 232 approved units (four proposed 5-story buildings) with 228 units (ten 2 and 3-story buildings) as well as a clubhouse and tot lot; . Elimination of 10 existing tennis courts; and, . P & Z Board Staff Report laver's North - SAD (Special Activities District) Modification Page 2 . · Elimination of a portion of an existing parking lot (58 existing spaces and 37 future spaces for the tennis resort function). tJ Modifications to the balance (western 40.57 acres) of the Laver's North development: · Addition of two tennis courts; · Elimination of proposed meeting rooms. restaurant. and lounge which were part of the proposed tennis resort facilities; and, · Modifications to the existing parking lot i.e. installation of pavement to provide internal circulation needed as a result of the elimination of the existing parki"9. At its meeting of June 28, 1995, the Site Plan Review and Appearance Board approved the site plan for the eastern 21.34 acres known as The Vinings at Delray Beach, a rental apartment community development by Trammell Crow Residential. The development is currently under construction with a majority of the units completed. The 'emporary" sales complex constructed in 1981 was to be removed once the meeting rooms, restaurant and lounge associated with the tennis club were constructed. These improvements, however. were eliminated when the SAD was modified in 1995. The structure was occupied by a tennis academy/school (International Tennis Resort) and utili~ed as a sales office associated with the Laver's North development but is currently vacant. Earlier this year. the building was vandalized and the restrooms were severely damaged. The applicant started to repair the facility without proper permits and was issued a violation notice by the Community Improvement (Building) Department. As the structure has been represented as a "temporary" structure, and was not indicated on the master development, a building permit could not be issued without first obtaining formal approval for the structures. The current proposal is to amend the master development plan for the Laver's North SAD to make the 'emporary" building permanent. which is now before the Board for action. . '. 'ti;,:f~1~W~11::::::~ì;fJ;:¡r0.¡:~r;}:::î.I:::I;::ltl:::¡:::1::m::~¡~~:I::¡;:I:::li;I:~:J;::I:¡¡I;:J.þ.:I:::I;::¡¡;~J;;::¡;if.):::::*t:fi~¡ti:::~::::::;:;:::!i:¡:~¡¡r;~¡::::::::i::::::¡:¡¡:::::::: The development proposal is to amend the approved master development plan of record to make the existing 4,000 sq.ft. 'emporary" sales complex building, a permanent structure' to accommodate a tennis academy (International Tennis Resort) and sales office associated with the Laver's North development. The existing pre-fabricated wood frame structure has wood siding and a cedar shake roof. The building consists of 3 circular pods connected by hallways to a central reception pod. Associated with the structure is an existing entrance canopy. drop-off area. and associated parking spaces. P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification Page 3 _J~t:¡)!¡¡\¡¡:::¡;:;¡:¡\;:!i::i:Î::¡Î·:g.:;::¡::M::Ç?::1::,':.Ê:J~;::I.:ml:Q..Îi·::::(~;Q·:·:N::]":::Ñ.::ll:.i·:\:I·¡il].::Î.:#i\:Î:i;::.:..I·.;:.:·::·::··:·i··.·1 REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which Is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following mw: areas. Future land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The requested zoning change involves a modification to the laver's North SAD and the associated master development plan. Upon approval, the parcel will retain the SAD zoning designation yet the approval will be associated with the requested modified master plan. The subject property has a Medium Density Residential 5-12 units per acre Future land Use Map designation. Pursuant to lDR Section 4.4.25(A), the SAD zoning is deemed consistent with any land use designation on the Future land Use Map, including the underlying Medium Density Residential designation. Further, the uses allowed within a specific SAD shall be consistent with the land use category shown on the Future land Use Map. The original SAD Ordinance for laver's North (Ordinance No. 57-81) lists the tennis clinic/school as an allowable conditional use within the laver's North SAD. The proposed use is consistent with the underlying Medium Density Residential land use designation. Based upon the above, a positive finding can be made with respect to consistency with the Future land Use Map designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The purpose of this SAD modification is to make the existing "temporary" structure, a permgm~nt structure. The sales offices were to be relocated to the tennis club complex, once the meeting rooms, restaurant and lounge were constructed. These structures (totaling approximately 40,000 sq.ft. of floor area) were indicated on the approved master development at which time positive findings were made with respect to Concurrency i.e. water, sewer, drainage, traffic, parks and recreation facilities, and solid waste. While the structures were eliminated with the SAD modification in 1995,4,000 sq.ft. of the floor area was allocated to the existing "temporary" sales office and tennis school building. . P & Z Board Staff Report laver's North - SAD (Special Activities District) Modification Page 4 Thus, the existing structure is considered vested, and will not have any impacts with respect to Concurrency. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and po1icies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES . A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were found. Section 3.3.2 (Standards for Rezoning Actions): Standards A, Band Care not applicable with respect to this rezoning request. The following is the applicable performance standard of Section 3.3.2: (0) That the rezoning shall result in allowing land uses whh:h are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The adjacent properties to the north, east and west are part of the overall Laver's North SAD and south is zoned RM (Medium Density Residential). The surrounding land uses adjacent to the property include the following: The Vinings of Delray multiple family development to the north and east, the Laver's Resort and Racquet Club Condominium to the west and Laver's Delray Racquet Club to the south. The existing 1 and 2-story 4,000 sq.ft. structure is relatively low-scale compared to the surrounding 3 and 5-story multiple family structures, and is heavily landscaped. The existing structure has co-existed with the adjacent residences for many years, and compatibility is not a concern. However, it is noted the existing parking lot west of the building has not been well maintained and is in very poor condition. The north portion of the parking Jot has been incorporated into the Vinings development. As a condition of the Vinings site plan approval, the Vinings is responsible for the reconstruction and landscaping of the parking area affected by this development, which is primarily the east half of the existing parking lot. The improvements are required to be completed prior to issuance of a Certificate of Occupancy for Building 10 (last residential building to be constructed) of the Vinings. The balance of the parking lot should be improved as a condition of the SAD modification. Upgrading of the balance of the parking area involves the installation of landscaping and P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification PageS restriping parking spaces. The improvements should be installed in conjunction with those to be provided by the Vinings. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought These reasons include the following: a. That the zoning had previously been changed, or was originally ,stabllshed, In error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: ·'tem "b" applies to the request. When the original site plan for the laver's Development was approved as part of the SAD, there was an intent to use the reception building only through build-out and a new clubhouse was to be built. With the subsequent development failures, the plans for a new club were abandoned, the extra property sold (Trammell Crow) and the building which was intended to be temporary has now become necessary in operating the current club and tennis school. The structure, although named temporary, is built to permanent standards," Comment: The -rezoning" is really more of a modification of the existing site plan and some minor use changes; therefore, these standards aren't entirely applicable. Item "C" most closely relates as the basis for which the SAD modification/rezoning should be granted. The proposed structure and proposed uses have co-existed with the surrounding residences for many years. If the modification is approved, improvements will be made to the structure to repair damages and make the property more harmonious with the adjacent residences. Based upon the above, it is appropriate to approve the SAD modification. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request · P & Z Board Staff Report laver's North - SAD (Special Activities District) Modification Page 6 Perimeter Setbacks for SADs Pursuant to Section 4.4.25(0)(1), a minimum setback of 15 feet shall be established around the perimeter of any property developed under the SAD designation. Within the front and any side street setback, a 15 foot setback area shall be a landscape setback area and no pavement shall be allowed therein except for pedestrian ways and driveways which provide access to the property and which are generally perpendicular to the abutting street. Adjacent to the subject area, along Egret Circle, the Laver's North development provides an 18 foot perimeter landscape setback with the existing "temporary" building set back 60 feet from the property line, thus this code requirement has been exceeded. Parking Requirements LOR Section 4.6.9(C)(4)(a) states that business and professional offices must provide 4 spaces per 1,000 sq.ft. of gross floor area, up to 3,000 sq.ft., and LOR Section 4.6.9(C)(6)(e) states that a tennis school must provide 1 space for every 5 students. Based upon the above, 4 spaces are required for the 1,000 sq.ft. office component and 14 spaces are required for the tennis school with a maximum anticipated enrollment of 70 students. Thus, a total of 18 parking spaces are required. The reconstructed parking lot to the west will contain 123 parking spaces with 4 spaces provided in front of the building along the drop-off driveway for a total of 127 parking spaces which exceeds the code requirement. Fire. Safety. Building Codes If approval is granted for the existing "temporary" structure to become ·permanent", a building application must be submitted which addresses all Fire, Safety and Building Codes. Staff has conducted site inspections and have comments regarding the existing deficiencies and appropriate changes to obtain compliance. These comments have been transmitted to the applicant and must be addressed with the submittal of a building permit application. , . Site and Landscape Plan Technical Items: In reviewing the proposed master development plan modification, several deficiencies were noted. The following deficiencies are items that do not require specific action of the Board, however, the items must be addressed with the submittal of revised plans. P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification Page 7 1. Pursuant to the Florida Handicap Accessibility Requirements Manual, parking lots containing between 101 and 150 spaces must provide 5 handicap accessible parking spaces. This will need to be indicated on the improvement plans for the parking lot. 2. Within the parking tier just west of the Vinings, 13 parking spaces have been provided where a maximum of 10 are allowed. 3. All dead or weed infested lawn areas surrounding the modular buildings must be resodded. 4. Complete landscape maintenance is required such weeding, mulching and fertilizing the shrub béds. riwl~~ì¡~i;~m::;1::;i:¡1~:¡::::;;::::¡¡;:¡:~:¡~:¡~¡:~::¡:::¡¡¡f:1:;::~::¡:;:;:::¡~¡:~¡;::":::::::;:¡:::::::::;~::;,:::::::~¡:i:::';:lÎ:::OO:.8.:;:I:::I¡:·:';:::I:::Î::~I.~:I,::§.::::¡:¡::::¡i¡::¡¡¡¡::::::::::::::::¡:*~¡~i;¡:::::::¡::::¡¡::;¡:::~¡¡!!¡¡::*::::;¡¡J¡¡;:~¡;¡:¡¡:¡::¡::¡;::¡:::::¡!:~::::;:::~¡::::;:·~::;I Dumpster Enclosure A dumpster area currently does not exist to accommodate refuse generated by the school and offices uses. A dumpster area was not previously provided as the structure was to be "temporary". As the proposal is to make the structure permanent, it is appropriate to install a dumpster enclosure with screening and vision obscuring gates. This improvement should be incorporated into the improvements plans for the west parking lot. Street Lighting The street lights along Laver's North Drive and Egret Circle were required as part of the original SAD approval in 1980. It has been brought to staff's attention that a majority of the street lights throughout the Laver's North development have not been regularly illuminated. With the Vinings development new street lights have been installed and will be properly illuminated. The street lights adjacent to the Lakeview Apartments (north side of the development) are also illuminated, however, the balance of the street lights throughout the development are not regularly maintained or illuminated. The non-illumination of these street lights is a safety concern as well as a violation of the original SAD approval. The applicant for the current SAD modification owns the portions of the roadways that include the street lights that are not illuminated. If the current SAD modification is approved, it should be with the understanding that the street lights be Uluminated and re'pàired, if necessary, and that all other aspects of the SAD be complied with. P & Z Board Staff Report laver's North· SAD (Special Activities District) Modification Page 8 . _:~:~*~¡:¡~¡':::,:¡;;¡¡i::::::,¡:i::::~~:::j¡j~¡1:::~:i;:i:~::j:¡:j:::'j~~::::¡::¡i:~::::::~:::::::R::F::¥::'Î;ig',\Î:::::::ì;'Îi,::,j':i::m:::I:::§·:,8::::I"::,.[,:::;::::::::~::¡::::¡:::::::~',:::~;:::'::::'¡::::::i:~::¡::::::::::::::::::;::'; ,::¡-::::;::::::'j'):"':'""",'I 1he rezoning is not in a geographic area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Public and Courtesy Notices: Formar public notice has been provided to property owners within 500 feet radius of the subject property. In addition, Courtesy notices were provided to the following homeowner's and neighborhood assoèiations: . [J Tropic Palms [J Town and Country Q laver's Association [J Progressive Residents of Delray (PROD) [J Delray Property Owners Attached is a letter of objection and a letter expressing concerns with the lack of street lighting in this area. Any additional letters, if any, will be presente.d at the Planning and Zoning Board meeting. litW;Í,¡::¡~Æ¡;i:::'::;:::::::';:'::::i:¡¡i:::;'::::1:':I[:§[,¡§·;§':':I:::M:::§"::Î;'m;':::::::j~:::l~t'::1:!::i:¡:¡I:¡I::;I,¡:º:::~::I:¡:I!::J:::I:::S'[::::::¡¡:i.::::¡:¡¡¡:¡:¡:::::::¡!i!:!¡!i:¡!:::¡:::¡::;:;';,:::,;;';::·1 The SAD modification request is to retain the existing structure and indicate the structure on the master development plan. The modification proposal complies with the Comprehensive Plan, and Chapter 3 and Section 2.4.5(D), that the SAD modification is more appropriate given the existing use of the property as a tennis school and office. Improvements to the existing parking area are proposed in conjunction with the Vinings development. These improvements will be an enhancement to the property as well as the surrounding neighborhood. ··.'·~~Üt\mw.i.:!:;::\:::':¡¡:¡ii.::i.::¡!:::¡:i.:!:!;;::::¡:¡:;:¡:!ili:::::ilii:¡i::¡¡'I:¡iì:::í!:i:§:!:I:::I:::1"11f;:¡:1¡I:jl!::i.¡¡Ii::I;:m:::Jji:Ii:ltl:i.i¡¡:;::¡¡i.;¡i.;:¡~:ft:¡!¡!*:!¡~~:Mri¡ij.j:¡¡::~:::¡:::¡:;:::;:::::::::::::¡:::::: A. Continue with direction. B. Recommend approval of the modification request to the laver's North SAD based upon positive findings with respect to Chapter 3 (Peñormance Standards), and Section 2.4.5(D)(5) (Rezoning Findings) of the land Development Regulations, and policies of the Comprehensive Plan, subject to conditions. C. Recommend denial of the modification request to the laver's North SAD based upon a failure to make a positive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant to Section 2.4.5(0)(5) the rezoning fails to fulfill at least one of the reasons listed. P & Z Board Staff Report laver's North - SAD (Special Activities District) Modification Page 9 ¡*¡:~1¡[i{i:¡'::~:,::::i¡::i::::::¡::::~::\::ili::::::::'::;:i:::,¡::::::¡:¡::::i\::ll::iJj:¡I:,:E,::.§:::\,:::::'Î:::i;'Î.·:I.::M:;I.::i::.N:\::÷.:I::m:::t~::Î:::1.::::::::::::::::;::::::!::::¡::;::¡:::::::;::::::::;;¡::¡::::\;::;;::::':::::;:::'··.···:::::::I Recommend to the City Commission approval of the modification request to the laver's North SAD (Special Activities District) based upon positive findings with respect to Chapter 3 (Peñormance Standards), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan. subject to the following conditions: 1. That upgrading of the balance of the parking area be completed in conjunction with the parking lot upgrades to be installed by the Vinings; 2. The ·Site and Landscape Plan Technical Items" identified in this Staff Report be incorporated into the parking lot improvements plans; 3. That a dumpster enclosure with screening and vision obscuring gates be provided and incorporated into the improvement plans for the parking lot; and. 4. That the street lights throughout the Laver's North development be illuminated. Attachments: a Location Map a Site Plan Report prepared by: Jeff Costello. Senior Planner - . . ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ .' { ~ G ,~ N ~ ~ ~~ : . " c oJ i I i - 'P' v-J 11 , ALESE fj MORTON PECHr'"t:..R Photojournalists ÆCH'Tt:R PHOTO Phone' 407·272·3252 lOll EGRET CIRCLE - SUITE 8502 Fax - 407·272,3266 DB.RAY BEACH. FLA33444-7919 E·MaII- 73517.2S7~mpus_.com /!SMP. NPPA.· UNO£I'IW"T£RPHOTOCII'W'><'I' Internet . aJesep@gate,net r' ::'" t:?; "::' ~ " '""",- I'I'~IC '., ""f/Lor . ~ ; ¡', \~~:.:.:..: ¿,~ t:.{ . t·· I ,";.0' ~l .J';'o ~ ,IUl ; ~ iS~ 6 July 10. 1996 ... , : .. , -, " -,., 'I r ¡ , , . ; i . ~ ~..:~ ~ ,!. ,. ' City of DeI ray Beach Planning & Zoning Board 100 N.W. 1 st A venue . Delray Beach, Florida 33444 . Gentlemen: We have received your notification of a request TO modify The exisTing SAD for lAvers N011h TO incorporate the exislÍng temporary receptioll bui/dings as a pan of tile approved site plan of record. We most definitely do object to any such modification. We are the owners of 5 aparnnents at Lavers. Four of them are within the five hundred foot radius of the Lavers North property. Three of the apartments are our personal, permanent residence and are in the 500 foot radius area. When we bought our apartments, we were informed that the building in question was to be a temporary sales office until the apartments were sold by the then owner of the property. At such time the building would be demolished and 3 more tennis courts put on that site. We have not been happy with the fact that this building has remained in existence this length of time. It was never constructed to be a permanent structure, We are most anxious to put ourselves on record as opposing any downzing or changing of the original plans and hope the Planning Board wilJ acknowJedge the rights of the original purchasers of these apartments and refuse to request such a change. Very truly yours, ~CJ~ 11v()f]W~ v"'~' \ ' {-. ...., .~~- u.., .'<.t l Ó :',. ,-. ,..' ,r .""""'....., ;-,-\ . __ .p\ (. \'C.\ \ ~ ~l: 2- r : ~ v :- '. \ {\I . -..," . 1\ .., . , biA--i !; " - . I .:-\1:. r. --r-I_ ø v I ...... .' I ~.\ ,\....... \ : \ \ " , . ~ <- Ç&. :"V·r,'Î.:;..,~h ~u ~....".;....T I',,··,.. :-..:- "-~: ~ " I í..-. r¿ ~ \ ~¿'H <t. ," ."A .:. - ,'. r....·. .~ ( "-"....- ". (.:~.. .... ........,,~ I G., c.. . ~ , ' ,,' \-\<-~:-:j' "- ~ :..¿ (""" -... , ,\ 0-.- .l~~_ \..,¿) .: -f':" '.../, , . Jul}' 24, 19% Plinùng De¡:ert:rœnt, City of Delray Beach 100 N. W. 1st Avenue Delmy Beach¡ FL 33444 At:ta1t.i.a1: Mt". Jeff Cbstello RE: F'II..E 96-186-REZ-<X:A Gentleœn: 'Jhe file I refer to is the œe ",hich ~ a t.s!pXary bwdiTg to a penœnant ooe en Ð;ret Cixcle¡ at lavers. I am a fe.L11Æsó.e:.d. resident, li~ m Ða'ret Circle. . F.i.rst, let me say that I have ro objec....ioo to t.~ 5'~ plan of t.~ o..ner of that pro¡::erty far a bIs:iness such as a real eS""...ate offL'"Ci or :õi'Tlilar. I a..-n not against any su:::cessfi.à erxJeavcr, so long as it hurts nothin:;J or dn~ the "atr.os¡:hcre" of tJ)I) arm. HJwever,' there has been an on;,,:>i..ry;J probl~ fcrr years a.'1d the o...'!'Ier an1 rœnager of that ~L>,,' the only ones ",tx:> ccu1d have resoh~J it, have never held to verl:al agreenents or pranises to resolve the problan. Þ.nd, it truly!night SCT:Cday result in 1xxìily haDn, or even death. to people in the area. I belie\'e th:lt rr::M there is û groat o¡:¡;ort:unity, by yror plaming departJrent¡ to rcs:Jlve this problŒ1. 1.., the cha!"Y.:e that }'01 might say 0"Ie thing has not:h:irxJ to cb with another I beg to differ. '!he problan is that the a-ner of the road, Ð;ret CiIcle, has refused to t:LIrn on the lights Œ1 that D:Jad, or the por""..ia1 of l.a\'erS CL""Cle t!-è.t æpt:.ies onto Egret Circle, aro to p.rt. a legidmte, large light deflector and light..t>d a.."'"9a right tr.) the is1.a."'X3 in Egret Circle. Yo.Ir camd.ssioo and Delray autiPrit.ies rrust 1:e ~.;are t.)o¡at ¡:erh3ps a cb.z.en vehicles have driven ''up the islarð" over the years, arx1 even over t.~ te...'"Tier ",trid1 "''S.S plëœd there 15 years ago am ~ 1Iò'ðS never replace::1. M3ny of us 1oh:> ð-"'"e residents an1 ,,'he use Ð;ret Circle and lavers Ci.rcle fear that when sa:e:::ne ,,'alks a.lcn;J eith=%' roads at night the cars \\'hich very def:inite1y speed aro tNiú.ch ca.TTCt ¡:œsibly ~-ee trese people well or until they are practically up::n them ....i1.l a1:so1utely hit tic:':, SCC:Y.!.1' or later. ~'1d, the cars ",rod, drive ''up the islarrl", en ÐJret Circle,. ·,d.ll e"."Ent!.2lly beo::r'e rrore th::m just a heavily da."T'a900 car. the latter l:eing the case roost of the tire. Finally, the èarl: area has to be a "cr:i.m:! 1Iælcaœd" area. aro there have been~' ~.....~ m-rl thefts. ~,' rather than to allOn' rrore traffic into the area ",'ith a new tusiness I ask Mr. Cbstello arrl the p1..annirg dep;!.rtrrcnt to roo1i.ze that their ~ibla }XJSition œn œlp all ¡:arties ~ requiring that lights be p.tt en for the descr:ü:cd aroos, aro a substard.a1 light reflector 1:e used a'l the "islæ'ð" if the p::qœed site is to tecare ¡::errre:nent,' for these sane Qoð'lI!C5. If this is re::¡uired then we all sh:ù.l \\'t2l.c:aœ the pernenency of the b.ù1.c:li.¡); arrl welcaœ their tusiness. . . itnùY>~'~ I , \' . v \J IU>~!-~.~, '. ~ . rv WID/s \-:illW1 E. I))"id93"1 Reply to: \.¡illiP..-n E. IBvidson ~"" ~="W=1Th I . ., ¡!) I' \, I' I· 750 Fqret Circle, Apt. 6400 r~[;\L~~ä " ~ùJJ Delrûy Dci:ld"l, FL 3~ JUl 2·3 \996 PLANNII..G !t ZCf~ING '-' .. MEMORANDUM 'IO: MAYOR AND CITY cn1MISSIONERS FRGt: CITY MANAGER[/t~' StJBJE:Cl' : AGENDA ITEM # lD B - REGULAR MEETING OF oo:roBER 15, 1996 SECOND READING AND PUBLIC HEARING FOR ORDINANCE :00. 45-96 (SEASONAL FARMER'S MARKET AS AN AI.U)W3LE TEMPORARY USE) DATE : oo:roBER 9, 1996 This is second reading and public hearing for Ordinance No. 45-96 which amends LDR Section 2.4.6 (H), "Temporary Use Permit", by adding 'Seasonal Farmer's Market' as a ternporary use that could be approved by the City Commission, subject to locational and other restrictions. In July of this year, the Conunission considered. an LDR amendment that provided a definition for ' Farmer's Market' and added. it as a conditional use in the Old School Square Historic Arts District (œSHAD). There were concerns with this proposal related to the ability to satisfactorily control such a use as well as the products that would be offered for sale. Commission denied the proposed amendment on first reading. The current amendment has the effect of allowing the market under specific, limited circumstances which should afford. the types of controls the Commission is seeking. The use would only be allowed in the City's Transportation Concurrency Exception Area ('ICEA ) as indicated on the attached map. It must be sponsored by the CRA, Joint Venture or similar agency, and can only operate one day a week during the growing season (November through May) . The products to be sold are limited. as described in the ordinance. Approval is by the City Conunission, which will establish the times and dates of the market's operation. The Planning and Zoning Board considered this i tern on September 16, 1996, and voted. unanimously to recommend that the proposed. amendment be approved. At first reading on October 1, 1996, Conunission passed. the ordinance by unanimous vote. Recommend approval of Ordinance No. 45-96 on second and final reading. fJ~ .If - 0 ref: agmerno10 , . . - -~-~_._----_...,-~.-.._-~._-,---_. .~_.__.- --,-.~.-.,-.._.----~-,~-~,---".." '-'-"~'-""._--- ---.-.-.---. ._~-_.. --- -~._. ------._-_.- -..-.-~.-.- -. .~. --- --..._-_.__."--'---~. I , , ¡ i ORDINANCE NO. 45-96 I I I AN ORDINANCE OF THE CITY CG1MISSION OF THE CITY OF DELRAY , BEACH, FLORIDA, AMENDING SECTION 2.4. 6, "pROCEDURES FOR , OBTAINING PERMITS AND APPROVALS" , SUBSECTION 2.4.6(H), "TEMPORARY USE PERMIT" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING ; · SEASONAL FARMER 'S MARIŒT I AS AN ALLCMABLE TEMPORARY USE, , AND PROVIDING FOR CERTAIN RESTRICTIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ! WHEREAS, pursuant to LOR Section 1. 1. 6, the Planning and Zoning I Board reviewed the subject matter at its meeting of September 16, 1996, and voted unanimously to forward the change with a reconunendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. W'1, THEREFORE, BE IT ORDAINED BY THE CITY c::a.1MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLI.CMS: I I I Section 1. That Chapter Two, "Administrative Provisions", Article 2.4, "General Procedures", Section 2.4.6, "Procedures for Obtaining Permits and Approvals II , Subsection 2.4.6(H), "Temporary Use Permit", of the Land Developnent Regulations of the City of Delray Beach, Florida, be, and the I same is hereby amended. to read as follows: I (H) Temporary Use Permit: A temporary use permit shall be I required for any of the uses listed below. The granting authority of each use is as shown. 1. Circuses or Carnivals -- City Commission 2. Uses under a Tent -- City Commission 3. Sales Offices and Models at a residential developnent si te -- Chief Building Official i ! 4. Construction trailers and canpounds -- Chief Building Official 5. City Operated. Facilities -- City Canmission 6. Seasonal Farmer's Market -- City Commission (1) Rule: No temporary use shall be allowed except as provided in this subsection (H) or as otherwise provided for in these regulations. i \ , ! (2) Required Information: A request for a temporary use shall be made via letter to the granting authority. The letter shall contain i the following information, as applicable to the use being requested. I: (a) Name of petitioner i (b) Name of property owner and consent therefrom (c) Location of site \' (d) Purpose, acti vi ty to be conducted (e) Period of use (f) Proof of ability to connect temporary electric services (see Article 7.2) (g) Proof of ability to provide toilet facilities for both men and women on the premises, subject to approval of the County Health Deparbnent (h) How foodstuffs are to be handled In addition, for circuses and canrlvals, the following is required: (i) The nature of the advertising or promotion activity to be conducted for the circus or carnival (j) Proof of whether or not the applicant, or the individual identified as having the management authori ty or supervision of the circus or carnival, has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense (k) If specifically required, copies of all printed advertising proposed to be used in promoting the use (1) If specifically required, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative (3) Regulations and Restrictions: (a) Uses under a Tent: 1.:.. U:, The use of a tent, or tents, shall only be as follows: : y The sale of seasonal items which, when , protected from the sun, provides for a less hazardous product for public use (i.e. Christmas tree sales); - 2 - Ord. No. 45-96 , I n ~ Assembly occupancies to protect the public from the elements; £J The use of tents for retail sales or other conunercial use is prohibited, except as otherwise perIni tted in this section. 1.:.. 1.i-f.J The tent and site shall comply with the following: y The tent shall be approved by the Fire Marshal for fire resistance. i ~ Adequate fire protection equipnent, in a type and capacity as approved by the Fire Marshal, shall be provided on the premises at all times. £J Payment of a permi t fee [2.4.3(K)] and a deposit of $50 which shall be returned upon determination by the Chief Building Official that all debris resulting from the use has been removed from the site. , ! Obtaining of permits for electrical and health š!:J and sanitation facilities, as applicable. (b) Circuses and Carnivals: 1..:.. I. f. J An investigation of the applicant's business reputation shall be conducted by the City and. the request shall not be approved if such i investigation discloses tangible evidence that í the conduct of the circus or carnival would pose a substantial threat to the public health, safety, morals, or general welfare. ; 1.:.. 1.f.f.J Permits for electrical and health and sanitation facilities, as applicable, shall be obtained. (c) Seasonal Farmer I s Market: 1. A farmer I s market may be perIni tted wi thin that portion of the City's Transportation Concurrency Exception Area that is west of the Intracoastal WateJ:WaY, for the purposes of downtown revitalization, subject to the following restrictions: - 3 - Ord. No. 45-96 I i , I I a. The market must be sponsored by the Canmuni ty Redevelopnent Agency, the Downtown Joint Venture , or other agency which is formulated for the purposes of economic developnent as approved by the City Commission. b. Operation of the market is to be limi ted to the growing season (generally, November through May) , but not more than one day per week, unless specifically authorized by the City Commission. The Commission shall establish the specific days and hours of operation, as well as the duration of the temporary use permit. c. Products to be sold shall consist of agricul tural produce, plants and flowers; baked goods; and cheeses. The Commission may also at its discretion approve the limi too sale of related products such as handmade crafts, prepared foods, and promotional items bearing tÌ.e r.ame of the City and the market. The sale of such addi tional items, if approved, shall be limited to a specific number or percentage of the total vendors. d. The Commission may approve the design elements of the market (i.e. site layout, types of tents/booths to be erected, etc. ) , or may defer such elements to the Site Plan Review and Appearance Board (SPRAB) or the Historic Preservation Board (HPB) as appropriate. All elements must comply with applicable health, safety and fire codes. e. Permits for electrical and health and sanitation facilities, as applicable, shall be obtained. (4) Procedures: Upon receipt of all required information, the granting authority shall take the request under consideration and upon assurance that all applicable regulations and requirements will be met, the authori ty shall issue a temporary use permi t for a period of time as specified in the permit. - 4 - Ord. No. 45-96 ! , _.. j I i Section 2. That all ordinances or parts of ordinances in conflict I' 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 ADOPI'ED in regular session on second and final reading on this the 15th day of October 1996. A'I'I'EST: OÙJt1ll'1R,z If¡ IÇ')} Hh7ity ity Cler First Reading October 1, 1996 Second Reading October 15, 1996 ¡ - 5 - Ord. No. 45-96 , I I I - I -- 1\ J II _ n ~ -i:::::::~ ~ i ¡ · ,-~ r::1~ I ~ \= : ~.. -==- - nh ì J=[ -1' - Î ~ J I II "". \ I ~ "' ~ - '1 ¡; J ~., ' I ~ II I _ . -1 -, 1/ ¡ - -~ ~ ~ nOD][~ ~ ~ ~ --.: _I If ~ ,lJ . " I--r-- I I,d) I -- J ,,,- tJ. I If=¡i ¡-' E b __ ---.J 9-- ~L-- I D'k =t CIJ r '- I ~~".,,;, -1 1 - - ~- ' JI I "" II~'_ I ~- " _ l~rr-rr-""- '-~- - -- ~ r I ~ ~ -.. -î - Cl.. 4.1 L If 1 I~ - ~ ., 1...... ! 1 A""" >- t3 '- - " , '" I-< , -' " '" '" ' '-- II _ ~ 0 1! '---" ' ~ L--C I ~ 5" ~r . k I" ,_ .:;:1<-1 =, r-- ~ .~ _ n II U 0 i::::-- . ¥--o _ 1"1 if L...., ~ ..-- " II . rL -f ,~'-- I - 0 ~_"- ,_ IL IC ,LJ.'" _- _IL - - ::J J _ ~ L- ~~~ LlQJO"" -ll;! L I L ~ ¡;::. ,- t I L = I T \~'- I - I' · - ~ '" = ~ ,-' ,,,-- " -' I ,-=' -r::--=-~ __ - - - ''-'- ,I · -~- . ~~ ~=-- ~-~ ¡¡ ~ I' --"' ,,;;--,= ,.- - ~ " L -H-- --" " L JL- ~.~ '" 'C ""1'--'L J --=:¡ I - ~_ '- or .., -L .....lOIL ---, ~~'--- - ~ _,_ JL 'U''-- l· <-....,,- -~ - ~ -:¡ I --. - L-- --< D~---. 0 =""; - ~ "" ,; _ Jl-=-= PI ,_ I ~L-= fi\, .:;: If Tl 0 ---'"",,--~. C~ ~ · ¡¡-m:' )'- ---j I ""!., 0':= -J l 'T - L- "::. ',- ~ ~ ~ ~ , ~ 1 '- ' .... I Î - .) '- "1 IL -I ."11 -- ~ to .., ~ [L --..' -; r I '-; f§ ~~ ~ ï '--- _ - ~ '-- \!!"" '-- T IT - ¡;¡ ".-< , tJ§' '--, -. ' L !ò'-< · __ Î · , <- I '- ~ "" ------' <- -r L-- ... I-- I L- = §J 3 ~ =-< .~.L ---¡ '--- - § 0 ('~iE Bt: _ 1-_.. . _ '1- ::¡r::=----';- - Q H r . ,,"- - ~Ir--- 'L § "~ I "::. """It [ Rlj:'--- I -- '- ='~:= ~ ~~ -1 , ~- -'- - -e Q Q r . - '<:.0 : _ if- _ ::::T1 L-- - I - I ¡:::::- I-< " I c - r = L lJ ~t..--.=. I ~ ~ . _ I"'=< . _ _ . :I 'LA.' I-< n [: lL -' r -= ,'"- - :r ,0'--- :::: DÐ " ,~ Þ==- _ ;JL.- ~ l ~ I -' '-- - iD-~ --, - 1 _ _ L- ..., IC- I PL I r W 1 L - .~: JL - II .1\1 IL . -<'--- IC -- r n~1 J §==:J <- r - - c::::::j L ~ I ¡ ¡I ,) . I _ ~ - - _.c::Jr ¡.I L - -:J' _L ~ !~ t _ .., <- . ""d.... \I" ""II~ ""l! ' L =ì U .J! '- ==1 ir ~Ii ~ 't ---' ~ z I Zl{ [~1 I TO: DAVID T. HARDEN CITY MANAGER \1A~ ~:e~ FROM: DIANE DOMINGUEZ, DI C OR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 1,1996 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.6(H), TEMPORARY USE PERMIT TO ADD "SEASONAL FARMER'S MARKET" AS AN ALLOWABLE TEMPORARY USE. I:::::::i::ii):¡::::::::::i::)i¡::;j:¡::i::;¡!¡j:¡jj:;j:j::ij;i:i::=)·j:j:j:¡:¡::::;::¡::¡¡:==ii::):::i:¡:::::IIIIII':jillll:II.:::IÊj::iø:li¡:IIIIIII,=;li:.:::::::::::::i:::iiii:::):::::):::::::::::::::::iii:i:).i:~:::·:=::::::¡¡:i:ji=::::::;::=:i=:':::=:ii::::::::::: The action requested of the City Commission is that of approval of the amendment to LOR Section 2.4.6(H). The amendment would add "Seasonal Farmer's Market" as a temporary use that could be approved by the City Commission, subject to locational and other restrictions. The Downtown Joint Venture is proposing to establish a farmer's market in the parking lot behind the offices of the Community Redevelopment Agency (CRA). In June of this year, P & Z staff processed an amendment to the LORs that provided a definition of a Farmer's Market, and added it as a conditional use in the OSSHAO district. When the amendments were presented to the City Commission, Commission members expressed reservations about adding the use to the OSSHAO zoning district. They were concerned that there could be numerous other requests forthcoming to establish farmer's markets, and that there wouldn't be sufficient controls on the types of items that could be sold. The LOR amendments were denied on first reading. In response to those concerns, staff drafted the attached amendment, which is described below. City Commission Documentation LDR Amendment Re: ·Seasonal Farmer's Market" Page 2 I:·:r,'.: H H. H.' HH H H H' H H H H H. H H r:· H H H H H H H H.. H H H HH H H H ·1r· :1..i!¡.H H H H. H H ·¡I.]"n:]" H H' H"~rH'.". H.... H .:','H.H H.... H' HH". HH'" H H....... H.·.. H H" H.. H H 1 :::[::[::::¡::::::~::¡::::¡¡:¡¡¡:~~~::::::::::[:::::::::::::::::::::::::::::::::::::::~:::::::::::::::¡:::::::::¡¡:::¡:::::;~¡:::¡::¡¡::¡::::::::::::::::::::::::::::::::::::::::::~:¡::::¡:::::::t:::::::::IIII.;IIII~::::::;::~¡::;;~:::::::::::¡::¡::¡~::¡:::¡::¡¡::::;:~::::::::::::::::::::::::::::::::::::::~::::::::::::::;::::::::::::;:::::::::::::¡:::¡:::::¡::¡:¡:::::~::::::¡:::::::~:::::::¡::::::::~::::::::::::::::::::~:: Section 2.4.6 of the LDRs allows the City to approve certain temporary uses, such as seasonal sales of Christmas trees and pumpkins; construction trailers; circuses and carnivals, etc. The length of time that such uses can operate varies, and is usually established at the time of approval. The revised amendment would add "Seasonal Farmer's Market" as a use that could be allowed on a temporary basis, for the purposes of downtown revitalization. The use would only be allowed within the City's TCEA (Transportation Concurrency Exception Area--see attached map), it must be sponsored by the CRA, Downtown Joint Venture, or similar agency, and could only operate one day a week during the growing season (November through May). The products to be sold are limited as described in the amendment. Approval is by the City Commission, which will establish the times and dates of the market's operation. This amendment has the effect of allowing the market under specific, limited circumstances, which should afford the types of controls the Commission is seeking. The one thing that it would not provide for is an advertised public hearing, however, the Commission could choose to take public testimony during consideration of a request. As it would only be permitted in areas that are primarily commercial in nature, it is not expected to have an impact on residential neighborhoods. The attached draft includes all of LDR Section 2.4.6. The changes regarding the market are shaded and underlined. ~::;.:~;:::::::¡~:::~::~:::::::~:::~::::::::::::~:~:~:::¡:::~:~~·::¡::~:::::~:~:::¡:~:::::::::B.I:tJ:'II:~IÎ.:¡:IÎ.~II::::ïllll;lÎIIÎ'I§.Î'IÎ::::~¡~::::::::::::¡::::::~:::::::::~::::::¡::¡¡~;:¡::~:¡::::::::::¡:~:::::~~:::::::::::::::;I The P & Z Board considered this item at its meeting of September 16, 1996. There was no public testimony concerning the amendment. The Board voted unanimously to recommend approval of the amendment as proposed. ~:;:::::::~~:::~:::::::¡¡:::::¡f::::¡:::;:¡::¡::::::¡¡¡¡~::¡::II¡¡¡~:::::::::::¡¡~:~;¡t:¡;:::::¡;:;;::;¡::¡::::::;::::;::::::::::;::::::::::::::::;::11111111111:::1Iltll:¡:¡:¡;¡::¡¡¡::¡:¡:::;::¡:::¡:¡:¡¡¡¡¡¡:¡~¡:¡;¡:;:¡~¡¡:¡¡¡~::¡¡¡:¡:::¡¡::¡:::~:¡:::::::::~:~:;:¡:::::::¡::::::¡¡:¡:¡:::;::;::::::::::~::::¡¡::::~:::¡¡:::~::::¡:~~::¡::¡I By motion, approve the attached amendment to the LDRs adding "Seasonal Farmer's Market" as a permitted temporary use under Section 2.4.6(H). Attachments: . Proposed amendment to LDR Section 2.4.6(H) . TCEA Map Amend Section 2.4.6 (H) as follows: (H) Temporary Use Permit: A temporary use permit shall be required for any of the uses listed below. The granting authority of each use is as shown. 1. Circuses or Carnivals -- City Commission 2. Uses under a Tent - City Commission 3. Sales Offices and Models at a residential development site--Chief Building Official 4. Construction trailers and compounds -- Chief Building Official 5. City operated facilities -- City Commission m::::!'::"!'!'!:::i::i:::¡:Eliil!:!lltmlli."ilill:~:¡'¡:¡:líI:iøim_i::i::::::::::::::j::::::::::::::::::i:::::::::::::jiii::j!::j::!:i:iijjij!j!j::j:::::::::::j:::!::::i!i:ij:::!:!j!:!: (1) Rule: No temporary use shall be allowed except as provided in this Subsection (H) or as otherwise provided for in these regulations. (2) Required Information: A request for a temporary use shall be made via letter to the granting authority. The letter shall contain the following information, as applicable to the use being requested. a) Name of petitioner b) Name of property owner and consent therefrom c) Location of site d) Purpose, activity to be conducted e) Period of use f) Proof of ability to connect temporary electric service (see Article 7.2) g) Proof of ability to provide toilet facilities for both men and women on the premises, subject to approval of the County Health Department h) How foodstuffs are to be handled In addition, for circuses and carnivals, the following is required: i) The nature of the advertising or promotion activity to be conducted for the circus or carnival j) Proof of whether or not the applicant, or the individual identified as having the management authority or supervision of the circus or carnival, has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense k) If specifically required, copies of all printed advertising proposed to be used in promoting the use · . I) If specifically required, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative (3) Regulations and Restrictions: (a) Uses Under a Tent: \ . tIjill The use of a tent, or tents, shall only be as follows: Q. * .(g) The sale of seasonal items which, when protected from the sun, provides for a less hazardous product for public use (i.e. Christmas tree sales); *!b). Assembly occupancies to protect the public from the elements. Wí2J The tent and site shall comply with the following: * .(g) The tent shall be approved by the Fire Marshal for fire resistance. *(b) Adequate fire protection equipment, in a type and capacity as approved by the Fire Marshall, shall be provided on the premises at all times. *~ Payment of a permit fee [2.4.3(K)] and a deposit of $50 which shall be returned upon determination by the Chief Building Official that all debris resulting from the use has been removed from the site. *@ Obtaining of permits for electrical and health and sanitation facilities, as applicable. (b) Circuses and carnivals: tIj (1) An investigation of the applicant's business reputation shall be conducted by the City and the request shall not be approved if such investigation discloses tangible evidence that the conduct of the circus or carnival would pose a substantial threat to the public health, safety, morals, or general welfare. W (2) Permits for electrical and health and sanitation facilities, as applicable, shall be obtained. .~~!~.1'~ ~~:~II~;;- ····..··ti:::::::::::·..·::::::::::::::::::::::::::::·::::: ..::::}~: .::::::::........ ····..··....·..·:::::m}:::::::::::::··....·..·..·r~~r . ::~:mm::·t::m::::···....· . ..... ..... .. ·:~Imtfj····· ... .....O::::::::::I¡~::{:¡:¡::::::::·:::::::::I::/::::I;.... ..... ~~¥~ƪ,ÆE~Êf~,:i;~"; ltil..WB:::.:::iommiUlont·..···...·..· .}.::':' ...........:::::.::.j::;.................... ···..,::::::;::::::::::}::::}::::::{:m:m:·· ....................;:::;i':::':'..:.... . .:. .... ....: :^,(i,~:~1i'i\;;:e:'"~,:",;~~~~,~::~Y~,fj~~\~:~;r~~~l~,:?:; 1::: ...... :,,': ":-':".. : : :{}":=-,-:" .:..... '" .::......:'?:::.... ....~....:.;.::.::.:: ....~~.....~. ):',' :":::';:'> "":":":..: ...:.:......:;...::::}~:..:...:::.~...:.:;..:..: ,', .:.: t.:: .::.:::.... .:: ..;;,:::' ··;·::.:::tt :".:.::.".:.. .:\:::..:::.::...:.... :':'''~ .::.,: .:..:.::>...;....:. :::,..: :: :.:-.: .:> ~.....:...:::::.:::.: ..::.:::.:.::.:.:::::.:}:?'<:.:..: ::::=:;. :':::::':":(:':''':.::.~: .' .;:::..."" :..:..:.:......:...{.: ::.:.>:.::.:.:.:.:.:.:.:. :.... :i':' .:::::.., :.: :::':::. . :..,: ':::':":.:::'. .: '.'." i .::..:::.:<J.:...:::::::::....:::.::::?::::::::::::::~:::i{:::::::":::?:::;:::::::::-':'::':.: '.:'::"':':.: .::.: .:.: ._\::;::,:t~:~~~~':~~;~:~;;~1Z~~:'~~:~4;~^ · '.. . .... ....... .................. ...., . .. .... .. ..... . ;::", '" . ....;.:..~.::::.:..::.;....: ",::. ...... .. ',. ,: " ::. . - ;.': '::" ,:,:",,',', ,:. '.::::: ';. ;::'.:.::.:,.::.:. ..:.:":' .-::. ::¡;'..' ,::.:,,::;..,:.:;:.:. j::.:::':::: :,:::::;.:~.:,:::::: ':'::?::;:':::::'::' :::: ':::~':::':::':',:: :..:.... ':." , .' . .' :. '.' '.: : ':"" .:.' .,':.' ';.,,::: . ::.:. ' ;::: ...::::::::: '.': .:.;: :. .:::.... ...: ::::.::::.. .:. :.' ::::.:.. :';:':::::::::":':' :..... :.\:.-: ::. ':'?:::::'::":" . ::::. .:::.:.... .:: :.: :''':':::::::Y::::::::j':':::¡:/::'::'::::: .::.::::.:. .>:: ~: . : ::., . .>... '. . ': . :"::.:..:..... :'...:::".:..... ..::;+:}:::::::::::::::::..:;: .:..:.::::......:':..:.... :";;':'_,,·:.:·:·:::··::';··:··::"·::·::r.:::::::·:..::.:....:.\:::.::::::..:..: ';;:::';="':::':<'::::':"'::'. .. ': : :.: .... ~ ;.' .::. ':":::.'. ::::::::::::::: :.' .:"';;i;::::::::::::::::::::;:{" : .'. : . :::::::':::::/::;:;''':'': . '. .: "':: ::':' '. ':: ';.:.:: :.::~: ":'::".:' '.(:':::i;::}:..: ':'::::::': :.::::.: :....:. . ..... . ..:' :..: '.' ...: . . · . '. .' .... .... ".' .' · . " .'. . .... ,.. "'. . .' .' :Ô¡:ìlBt_il:·1tii::bt·r.êÓìÓœt:;;::{:·i::..::.::.:==::.::::;}:.:::::::::}:):::.:::::-:::::.::}:::('.:-.::: :.: :.:.::::::.:'::::. ::'.: <;...:::.:..:....: :'::.:': !··::¡;:;i;:!;I:!··:"::·::::;;·:::::.~:;:.:..:..:¡i:·:::i:::¡:::::>:;.·.il;:·:I·::·::::~!~;:::;:;::::'::;i::¡::::::::;·::::::-):'::::::=:··:::·lIi::.::.·;::::·.·:::;;;i¡i¡;:::\~(::r;::::::;::··:;::·:::::}:::::::~;:;;:;;::;::::.::.·:;::::·;··:· ;¡·¡.¡·¡¡·::·:;:·!':il!li!:!:!:!::~:::::::;:-::;:':¡:::':::¡:::::::;::':':::::¡¡"i·:::::::!'!!:... :::!:i?::¡:\:i::::;i}):œX':',';'::,:,';:ibl::1.lill(ôô·miIJlílØtor...:m.·::g.,.[j;:¡f".....ö:t.:::Î:f::mtf,mitÎlii¡:·":¡:; :1~1¡:::·:ìñøi:Iì~..t::~:::·9J·i1~.mQÎttl:¡;.::::.;::¡I_..~r:IQ¡í.¡:;::.!::::Wal· :åmë.t;··jìÎbh::it~t,·,:îQ:::::mï::::::IJfÎ:·:·;:Blii::\:S.ji::¡:¡:iš;:::::::1·:··:·:·..··:¡ìtla.: ... ....... . .qø. fa A:I a , CU1 lIB A. ....w... ...:.........::::\\::::::::::::::::::{::::i:{::jj::..::::::::::;:;::'::':::..:::;::;::::. ...... ','.......,... ...........,...... ,..... .., ,....... .... . .' ... .... . ... ......................................;:::::::::;:::::;:;:;:;:::;:;:;:::;{¡¡¡¡¡{¡?i¡j~::...:.:.:.:.:.:.:.:.:.;.;.:.;.;.;.;..;.;.;.;.;.;.;.;.... ..... (4) Procedures: Upon receipt of all required information, the granting authority shall take the request under consideration and upon assurance that all applicable regulations and requirements will be met, the authority shall issue a temporary use permit for a period of time as specified in the permit. - < MEMORANDUM 'lQ: MAYOR AND CITY cœMISSIONERS FRCM: CITY MANAGER ~~ SUBJECT : AGENDA ITEM # /0 C - REGULAR MEETIOO OF œroBER 151 1996 SECOND READIOO AND PUBLIC HEARIOO FOR ORDINAæE NO. 43-96 ( SEA CREST PROPERTY REZONING) DATE : œroBER 91 1996 '!his is second reading and a quasi-judicial/public hearing for Ordinance No. 43-96 which rezones the Seacrest property across from Atlantic High School from NC (Neighborhood Commercial) and POD (Professional Office District) to CF (Community Facilities) District. The property is located on the west side of Seacrest Boulevardl between N.E. 22nd Street and Tangerine Trail, and contains 4.5 acres. The proposal is to rezone the property to accommodate developnent of a gymnasium as an accessory use to Atlantic High School. The existing zoning does not permi t this intended use. The appropriate zoning district to accommodate this type of use is CF (Community Facilities). The rezoning does not include the existing pizza shop and convenience store at the northwest corner of N.E. 22nd Street and Seacrest Boulevard. The Planning and Zoning Board considered this matter at public hearing on September 161 1996, and voted unanimously to recommend that the rezoning be approved 1 based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Developnent Regulations, policies of the Cornprehensi ve Plan, and LDR Section 2.4.5(D)(5), At first reading on October 11 1996, Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 43-96 on second and final reading, based upon the findings and recommendations of the Planning and Zoning Board . p~ 4-0 ref: agmern09 I , ..~.~. .. - ORDINANCE NO. 43-96 I AN ORDINANCE OF THE CITY CCJ.1MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PIACING LAND I PRESENrLY ZONED NC (NEIGHBORHOOD COMMERCIAL) IN PART AND POD (PROFESSIONAL OFFICE DISTRICT) IN PART, IN THE I ~ CF(co-.1MUNITY FACILITIES) DISTRICT i SAID LAND BEING c:o.1MONLY KNCmN AS THE SEACREST PROPERTY, IœATED ON THE i WEST SIDE OF SEACREST BOULEVARD ACROSS FROM ATLANTIC I HIGH SCHOOL, AS MORE PARTICULARLY DESCRIBED HEREIN; AND " AMENDING "ZONING MAP OF DELRAY BEACH, FIDRIDA, 1994" i í PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, I ¡ AND AN EFFECTIVE DATE. I i WHEREAS, the property hereinafter described is shown on the ¡ Zoning District Map of the City of Delray Beach, Florida, dated April, i 1994, as being zoned NC (Neighborhood Commercial) District in part, and POD , I (Professional Office District) in part; and I I WHEREAS, at its meeting of September 16, 1996, the Planning and I Zoning Board for the City of Delray Beach, as Local Planning Agency, I considered this i tern at public hearing and voted unanimously to recommend I approval of the rezoning, based upon posi ti ve findings; and , , ! WHEREAS, it is appropriate that the Zoning District Map of the i City of Delray Beach, Florida, dated April, 1994, be amended to reflect the I I revised zoning classification. I' NCM, THEREFORE, BE IT ORDAINED BY THE CITY CCJ.1MISSION OF THE CITY I: OF DELRAY BEACH, FIDRIDA, AS FOI.LCMS: I: Section 1. That the Zoning District Map of the City of Delray I Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the South 140.00 feet of the Northwest Quarter of the Southwest Quarter of the i Southwest Quarter of Section 4, Township 46 South, i Range 43 East, Palm Beach County, Florida. 'IOOE'rnER WITH ¡ The North 150 feet of the South 290 feet of the East i 170 feet of the South One-Half of the Northwest One-Quarter of the Southwest One-Quarter of the Southwest One-Quarter i less East 40 feet for road right-of-way, Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, also described as: \' , , I ---- .- --_.. ._ .....~_.__ _,." _,. _,_c. ._.'" ~-~.._.,. ¡ I ! Conunencing at an iron rod on the westerly right-of-way I line of Seacrest Boulevard, which is 140 feet North of I and 40 feet West of the southeast of the ¡ corner I Northwest One-Quarter of the Southwest One-Quarter of I the Southwest One-Quarter of Section 4, Township 46 I South, Range 43 East, Palm Beach County, Florida; I ! thence run South 89 degrees 47' 35" West for a distance of 130 feet to a concrete monument; thence run North 0 i degrees 32'25" West for a distance of 150 feet to a concrete monument; thence run North 89 degrees 47'35" East for a distance of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence run South 0 degrees 32'25" East along the westerly right-of-way line of Seacrest Boulevard a distance of 150 feet to the Point of Beginning. 'IOOETHER WITH The East 340 feet of the Northwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, less the following described parcels: I (1) The South 15 feet of the aOOve described parcel; I (2) The East 40 feet of the aOOve described parcel; I (3) The west 130 feet of the East 170 feet of the North 150 feet of the South 290 feet of the aOOve described parcel; I I (4) The North 125 feet of the South 140 feet of the East 265 feet of the West 305 feet of the aOOve : described parcel. The subject property is located on the west side of Seacrest Boulevard, between N.E. 22nd Avenue and Tangerine Trail, across from Atlantic High School; ! containing 4.37 acres, more or less. ì Section 2. That the Planning Director of said City shall, up:>n the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to confom with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. I - 2 - Ord. No. 43-96 , _.... _. .____ - - _PO. ~_ - I I. i¡ ¡ ! Section 4. That should section provision of this any or 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. i I I' Section 5. That this ordinance shall become effective ; inunediately upon passage. I PASSED .AND AOOPTED in regular session on second and final reading I , on this the 15th day of October , 1996. , ! A'ITEST: (kMn'1Ir"~ Iih~ ~ty Clerk First Reading October 1, 1996 Second Reading October 15, 1996 , , ! i - 3 - Ord. No. 43-96 ¡ IIIJI LU\ I IIJII JI 'T S.W. 36TH Av[. GULF STREAM BOULEVARD I ;===J t:=-l, I , I"'t .. Ii r I-- . o S£ACREsr BlIIIJ. <.-...._ ~< == ,.... Q:: PRESBYTERIAN I" . -I - Ii _ _ <í CHURCH'" _ - -L R 1 A A > C CHRISTIAN ~ GULT STREAM DRIVE ... -{~ 25TH CT. I r- ~ F SCHOOl _ ~ I~ ~ .. 00 Þ BONNIEVlEW RO. I J... _ ~ H~" \ 0 '-- .. ~.W. 25TH ST. t- Stl'~"E~T 4ANE T} gH ~ J - Iìiii (/) w TENNIS., ......... Q::u COURTS I~ ~ ~ON R An :r, \ <í AOUACREST ~ N.W. 24TH CT. f-- ~ POOL í\C .,¡ f-- í\..~~ rlOO\.. . -... ¿ 'F 1 -- - ~ rI SC --- ~ r 1 rI\G N.W. 24TH ST. i\ - CF -..... I ~ ~ ............... G CF FOOTBALL 1:::- '" FIELD '" __ z - R-... - g 0 ~ <'5--........ UNITYA~~URCH ! a. ~ 1"'- .l(¡W r-.-I t- ............... L ELEMENTARY I I ii ~r.... )1--- ---- SCHOOL Ibl I J::' :I~ '---............... ~ n~lts ~lö .::>L. _ --.... . '. 22ND Ii .,¡ STR. J-- ) ~ 22ND ST. I -I '- I t--- . ~ ~ I-- ---'- - t-- C' ..J11.IA Ai jl~ I f--~ ~ ~- I-- . 1- m '-- < < CHURCH ~ - < 0 T 1 T Ii ( .. r -. f-- !È :;¡ OF THE t8]WNT '" N.E. 21ST ST. I N --: PALMS I--- --- f-- '-- 2f '--- ;t 3: '-- ,-- '-- --- '" 1--- :i Z ,,--. I-- ____ _ e I _ r-- I-- !È I-- '-- ~ ( I-- 7i'R N N.£. 20TH ST. _ . f-- I-- I-- I-- r ¡ I / U? \ \ I N.£. lalli STREET _______:J II ..¡ I S· z ~ ) N.W. 18TH ST. - PLUMOSA C F rJ .... IN.. 1 H T ELEMENTARY SCHOOL ~ - < ~ I-- ARROW ~ = N. . H S. IT 'T~ .1. ~ / TRAILER ~r- ~... R 1 It.. m PARK :r f=. .W.17TH ,--- ~I ~ · I.. ~~ :;¡ N. £. 1 TH / - <__ 2/= 51 _ z O:;! ::z:: f-- o ~ r--- - '---- G', ¡= ~ N. 1£ H . !!!. ¡-- ---..., I\"-t t= OIIIJID ~ U Q: J ~.... N.W. 16TH ST. ITDllW r-- _ : ~I ~rrrrr==I' ·N.£. ~6TH ST. N. E. 16TH ST. -..:: ~ ~ t:~-- ZITJJIJ ~~íllll f-- ~ l~ NW 15TH ST. -~~ _jz-.:=J ~41 I I ) N CITY INITIATED REZONING - PLANNING DEPARTMENT FROM: NEIGHBORHOOD COMMERCIAL (NC) & TO: COMMUNITY FACILITIES (CF) erN OF DELRAY BEACH. FL PROFESSIONAL OFFICE DISTRICT (POD) - - DIC/TAL BAS£: IMP SYST£:M - - MAP REF: LMOB 1 Cìf\ [1 TO: DAVID T. HARDEN CITY MANAGER FROM: PAUL DORLlNG P;ZIPAL PLANN~R THRU: D~~o5DIRECTOR ~fbw1Uf DEPARTMENT OF PLANNING AN G SUBJECT: MEETING OF OCTOBER 1, 1996 REZONING OF THE SEACREST PROPERTY FROM NC (NEIGHBORHOOD COMMERCIAL) AND POD (PROFESSIONAL OFFICE DISTRICT) TO CF (COMMUNITY FACILITIES). ~::"":::::"::::::::::::::::'::::::::::::::;:::::::.:::....::::::::::::::::·::::::·:::":"::::llooìll:::IIIIII]I1:;II:::III:::llllí.'II:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::..::::::::::·:;::'::1 The action requested of the City Commission is approval of a City initiated rezoning request from NC (Neighborhood Commercial) and POD (Professional and Office District) to CF (Community Facilities), pursuant to Section 2.4.5(0). The subject property is located on the west side of Sea crest Boulevard, between N.E. 22nd Street and Tangerine Trail, across from Atlantic High School. r' H...... ..... H H' 'H H .Hi:· r H '. Hi .¡' ..:'..... H" H' Hj' H H ',j" H' H:H.... H H H'" H r·..· H' HI" H '·.jl" I'.1 r::'" ..... .,.:'.... "'f" '::l[j' "T:'l:' ''':'' 'i' ',' ,.,.. r':" H.':"" '1 ................................................ .................................................................... H........................ .................................... ......... H................................ :..:::::::"::::::::;::::::':::::;'::;:.:::::::':;":'::::::::..::::::;:::::::::::::::::::::::::::;:::::::::::::::::::::::::,,::::::::::::::::::..::::::::1:::1:::1::::1:::1::;1::::1::::1::;1:::::1:·::··::::::::;::::::::::;::::::::::::;::::::::::::::;::;::::::::::::::::;::::::::::::::::::":::::::::::;":::::::::;::::;::::::..:::;::::::::::::: The rezoning request relates to property that is the subject of an agreement between the City, Palm Beach County, and the Palm Beach County School Board, for development and use in conjunction with Atlantic High School. The property consists of approximately 4.5 acres, and was recently purchased by the City. The north 2 acres is vacant and a portion of the south 2.5 acres is occupied by a vacant gasoline station. City Commission Documentation Rezoning of the Seacrest Property from NC to CF Page 2 The proposal is to rezone the 4.5 acres from NC (Neighborhood Commercial) and POD (Professional and Office District) to CF (Community Facilities) to accommodate development of a gymnasium as an accessory use to Atlantic High School. The existing zoning does not permit this intended use. The appropriate zoning district to accommodate this type of use is CF, Community Facilities. The rezoning does not include the existing pizza shop and convenience store at the northwest corner of Sea crest Boulevard and Pine Ridge Road (N.E. 22nd Street). The proposal to utilize the property as a gymnasium is the result of the efforts of the Seacrest Property Task Force, consisting of representatives of the School Board, County, City and community residents. The task force was established at the City Commission meeting of November 30, 1994 via Resolution #93-94 to address various problems at Atlantic Community High School relating to inadequate facilities and extremely overcrowded conditions. The task team felt that the best use for the property would be as an expansion of recreation facilities which could be utilized by Atlantic High School and residents. r"·"',·,·,·, .:'..,'" r'·'·"·,····,"""',·,,·,··," "\'il ri:1 !1!:!:1!!ì[¡i:rr:i:I::I!!!il:' ,.", "j!!"!' r'" ,..."...,. r T¡::'" r'" '1 :::::::::;:::::::::1::1:;:::::!:::::::::::!::::::::::::::::::::::::::::1.1I111::!III::IIIIII:::!IIIII:::IIIIIIIIIIUII:::!:::::::1:::::::::1:11:!::::::!::11!:!:::::::::':::::::!::::!:::!::1:!: The Planning and Zoning Board considered the item at a public hearing on September 16, 1996. Two people from the public spoke with general concerns over the blighted condition of the property and concerns that whatever entrances and exits are proposed in the future be placed at safe distances from the intersection of N.E. 22nd Street and Seacrest Boulevard. The Board recommended approval of the rezoning request on a unanimous 5-0 vote. I::::::::::::;:::::::::::::::::::::;;:.::·:::':::;::::::::::::'::::::::::;::::::'::::;:::::::::::::::::::::::::::::;;:::::':::::::,::::::::::;::::.111.11:111:::IlwIII:::::::::::'::'::::::::::::!:::::::::::::::':::::::::::::::::::::::::::::::::::::':::::::::::::¡::::::::,I:::::::::::::':::::::::::::::::::::::;:::~ By motion, approve the rezoning request from NC (Neighborhood Commercial) and POD (Professional and Office District) to CF (Community Facilities) for the Seacrest Property, based upon positive findings with respect to policies of the Comprehensive Plan, Chapter 3 of the Land Development Regulations, and Section 2.4.5(0)(5) (Rezoning Findings). Attachments: CI Location/Zoning Map PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 16, 1996 AGENDA ITEM: V.C. ITEM: City-initiated rezoning from NC (Neighborhood Commercial) and POD (Professional Office District) to CF (Community Facilities) for City Owned Properties Located on the west side 'of Seacrest Boulevard. north side of Pine Ridge Road (N.E. 22nd Street), across from Atlantic High School. U¿ I I J GULF" STREAM BLVD I SCACRfST BOO. PR£S8YTCR'AN C QI/JRQI It GENERAL DATA: ~ QlRtSl1AN I r- SCHOOl.. .... ..J Õ Owner............................................... City of Delray Beach, Florida ., w m \ I Applicant.......................................... David T. Harden, City Manager .... :ot.j"'I<Cf' ~""C I T VI City of Delray Beach I .... It: U -< Location............................................ West side of Seacrest .... AOUACR£ST III Boulevard, north side of Pine B;r - POOL - Ridge Road (N.E. 22nd Street) Property Size................ .................... 4.37 Acres M Future Land Use Map Designation... Transitional :?" ~í\C Current Zoning................................. NC (Neighborhood í\.." \,\oo\.. "~ SC Commercial) & POD ¡ \,\\G (Professional Office District) r Proposed Zoning.............................. CF (Community Facilities) N.E. 22ND LJMt Adjacent Zoning......................North: R-1-AA (Single Family UNITY ~ CHURCH I Residential) AND EL£M. East: CF, NC SCHOOL I I II 1 South: R-1-AA N. W 22ND ST. PINE RIO N.t. 22ND ST. West: R-1-AA - - - Existing Land Use........................... Vacant land, vacant gasoline - - ~ - CHURCH station, and parking lot. OF THE - - PALMS - ....... Proposed Land Use.......................... Rezoning the parcels to allow ~ - ~ a proposed future gymnasium, ~~ - ~--- I sports support facility I and z I-- - ~ , I ~ parking lot for Atlantic High .... " 5''''''' I r L I School. :z! PLUMOSA Water Service................................... Nt A N.W. 181M ST. - LEMENTARY Sewer Service.................................. Nt A SCHOOL ! - N. F. 17TH T. I I I - : I N.W. 16TH ST. I j I-- I ,....!!:.L~ 161H ST. N. . 161H ST. 0 \ ---.r~ r-1~ .J I 1-0 N.W. 151H ST. ' : ONNI I I-- V.C. 1·····..···....···..,....·..··....·..·..I··..·..'·1"·r·..·r..¡..·II!..:..·!!·..:'....·....·f..··..···....·..·..·.......r......· .... I I!,. 'i,i :1 ¡ " .:1 ¡.. I ............................................................ ...... ................................................................ ........ ................ ......... ............. ........... ........................... .......... ............. .................................... :¡:':¡::¡::::¡i:l:::::l::¡::::l:l:l::¡:::::':::::::::''::::::::::::,:::::::::::::;::::::::::::::;::::'::::1:::I::::I::::::::::::ll::::I::::l;lll::::I;:I:::,::::::::1::::I::::I::::l:::::::I:::I::::I::::I::::I::::::::::::::::::::::::¡:':::::::::l::.:'.:;;.:::::;:·::::.:·'::.:l:::::l:::.:::'::¡:,'··:.:·::':::: The action before the Board is making a recommendation to the City Commission on a rezoning request from NC (Neighborhood Commercial) and POD (Professional and Office District) to CF (Community Facilities), pursuant to Section 2.4.5(0). The subject property is located on the west side of Seacrest Boulevard, between N.E. 22nd Street and Tangerine Trail, across from Atlantic High School. The rezoning request relates to property that is the subject of an agreement between the City, Palm Beach County, and the Palm Beach County School Board, for development and use in conjunction with Atlantic High School. The property consists of approximately 4.5 acres, and was recently purchased by the City. The north 2 acres is vacant and a portion of the south 2.5 acres is occupied by a vacant gasoline station. With the Citywide rezoning and adoption of the City's land Development Regulations in October, 1990, the Planning and Zoning Board recommended that the property be rezoned from lC (limited Commercial) to RM (Medium Density Residential). However, during City Commission consideration, the property owners requested and received an NC (Neighborhood Commercial) zoning designation to accommodate a proposed Food lion grocery store. Concurrent with the rezoning action, the City Commission amended the NC zone district to allow a maximum single user floor area of 35,000 sq. ft. A site plan for the grocery store was submitted but not approved and the project was never built. On October 18, 1993, the Planning and Zoning Board reviewed and recommended approval of changes to the NC zone district regulations. These changes included a reduction of intensity by reducing the maximum lot size from 4 acres to 2 acres, and reducing the maximum area allocated to each type of principal use from 35,000 sq. ft. to 10,000 sq. ft. The City Commission approved these changes on December 7, 1993. At its meeting of January 24, 1994, the Planning and Zoning Board held a public hearing in conjunction with a City initiated rezoning of the property from NC to RM (Medium Density Residential). The City initiated the action as the 3.92 acre parcel exceeded the 2 acre limit for NC and based on concerns over the appropriateness of a commercial development adjacent to the residential neighborhood. At the public hearing for the rezoning to RM, substantial opposition to a multifamily zoning designation was expressed by residents of the adjacent neighborhood. The residents supported development of the site for low-intensity non-residential uses, as opposed P & Z Board Staff Report Rezoning from NC and POD to CF for the Seacrest Property Page 2 to multi-family. At that time the Board inquired as to the possibility of splitting the property into two parcels, and applying different zoning designations. The Board then recommended denial and withdrew the rezoning request. On February 21, 1995, the City Commission adopted Ordinance No. 97-94 rezoning the south 1.92 acres from NC to POD. Since that time the City, County, and School Board have negotiated an agreement to utilize the property for the expansion of recreational facilities to be utilized by Atlantic High School and the citizens of Delray Beach. At its meeting of July 9, 1996, the City Commission initiated a zoning change from NC and POD to CF for the entire parcel. The rezoning request is now before the Planning and Zoning Board. ............................................................................................................................................................................................................................................................. ..........:.:.:....:.:...:.:.:.:.:.:.:.:...;.:.:.;.:.:.:.:.:.:.:.:.:.'.:.:.:.:.:.:.:.:.:.'.:.:.:.:.:.:.:.'.:.:.:.:.:.:.:.'.:.:.:.:.:.:.:.'.:.:.:.:.:.:.'.:.:.:.:.:.:.:.:.:.:.;...;.:.:.:.:...:...:.:.:.:.:.....:.:.:.:.;.:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:-:.;.:.:.:.:,'.:.'.:.:.:.....:.:.:.:.:.:.;.;.;.;.:.;.......;.:.:.:.:...:.;...;.:.....:.:.:.:.:...'..,:.;.:...:...:...:.:...............:...;.:.;...:........,:.....:.........:.........:...:.:.:.:.........:.:.:.:...:.;.:.:.;.;.;...;.:. The proposal is to rezone the 4.5 acres from NC (Neighborhood Commercial) and POD (Professional and Office District) to CF (Community Facilities) to accommodate development of a gymnasium as an accessory use to Atlantic High School. The existing zoning does not permit this intended use. The appropriate zoning district to accommodate this type of use is CF, Community Facilities. The rezoning does not include the existing pizza shop, and convenience store at the northwest corner of Seacrest Boulevard and Pine Ridge Road. The proposal to utilize the property as a gymnasium is the result of the efforts of the Seacrest Property Task Force, consisting of representatives of the School Board, County, City and community residents. The task force was established at the City Commission meeting of November 30, 1994 via Resolution #93-94 to address various problems at Atlantic Community High School relating to inadequate facilities and extremely overcrowded conditions. The task team felt that the best use for the property would be as an expansion of recreation facilities which could be utilized by Atlantic High School and residents. The rezoning request before the Board is to accommodate a proposed gymnasium and related recreation facilities. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following m.w: areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. P & Z Board Staff Report Rezoning from NC and POD to CF for the Seacrest Property Page 3 The subject property has a Transitional Future Land Use Map designation and is currently zoned NC (Neighborhood Commercial) and POD (Professional and Office District). The Transitional Future Land Use Map designation is applied to land which is developed or is to be developed, for either residential or nonresidential uses. The CF District is deemed compatible with all land use designations shown on the Future Land Use Map. The CF zone district was created in order to provide locations for public, semi-public, and private purposes such as health care, social service, and special facilities. Pursuant to LDR Section 4.4.21 (0)(2) schools and accessory uses are allowed in the CF zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The rezoning request is a change from commercial (NC) and office (POD) to a zoning which is of potentially higher intensity (CF), however, level of service standards as they relate to Water, Sewer, Drainage, and Solid Waste can be accommodated. As the property will remain nonresidential, there will be no impact on park facilities. However, the following information is provided as it relates to Streets and Traffic. Streets and Traffic: The current zoning designation of p~C and NC has the potential to generate approximately 2,207 daily trips. The proposed zoning change to CF is to accommodate expansion of accessory uses associated with Atlantic High School which will result in no increase in school capacity and therefore create no additional traffic. However, it is noted the utilization of the facility on a part time basis by the citizens of Delray Beach will create some minimum daily traffic impacts. Given the above the rezoning will represent a reduction in potential traffic generation from this site. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found. P & Z Board Staff Report Rezoning from NC and POD to CF for the Seacrest Property Page 4 land Use Element Objective D: To enhance the role of schools in their neighborhoods and have the school facility aid in the goals and objectives of other elements which are directed toward the stabilization and revitalization of neighborhoods. The expansion of the school will provide an investment in physical improvements upon the land, and provide recreational opportunities that will be an asset for the adjacent neighborhoods. The facility, while primarily serving the students of Atlantic High School, will be available to the City of Defray Beach residents after school hours and on the weekends. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Properties north, west, and south of the subject property are zoned R-1-AA (Single Family Residential); and to the east are zoned CF (Community Facilities) and NC (Neighborhood Commercial). The land uses adjacent to the property include the following: north, west, and south are single family residences; and east is Atlantic High School, Domino's Pizza, Kwik Stop convenience store, Seacrest Discount Beverage and Grand Rental Station. The proposed rezoning to CF is to accommodate proposed development in conjunction with Atlantic High School. This use is considered compatible with surrounding development and as the CF district requires greater setbacks and buffering compatibility with surrounding residential development will be enhanced. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. P & Z Board Staff Report Rezoning from NC and POD to CF for the Seacrest Property Page 5 The applicable reason is "c". The CF zone district was created in order to provide locations for public, semi-public, and private purposes. The CF District is deemed compatible with all land use designations shown on the Future Land Use Map. Given the current overcrowding of Atlantic High School, the inability for the school to expand on existing school property, and the inappropriateness of additional commercial and office development in a residential area, a change of zoning is appropriate. Compliance with Land Development Regulations: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No sketch plan has been submitted with the zoning request. If the zoning request is approved, a site plan will be reviewed by city staff and the Site Plan Review and Appearance Board. ,. .......... 'I" ........ ..¡.. , ......................................................... -:..... ..¡.. ....:j'~............,. 'I.... ..:-:1·..·· ........ "n...-' 'I..... r ......,' ···r.....· ... 'I........... ..:.. ..: I .................................................................................................................................................................................................................................................. The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. In addition, courtesy notices were provided to the following homeowner's associations: o Del-Ida Park o Lake Ida o Seacrest Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The proposed rezoning of the subject property to CF accommodates an expansion of Atlantic High School to the east for recreational purposes which will benefit both the school and the general public. The rezoning from POD (Planned and Office District) and NC (Neighborhood Commercial) to CF (Community Facilities) is consistent with policies of the Comprehensive Plan, Chapter 3 of the Land Development Regulations, P & Z Board Staff Report Rezoning from NC and POD to CF for the Seacrest Property Page 6 and Section 2.4.5(0)(5) (Rezoning Findings), in that the rezoning is more appropriate given the circumstances particular to the site and the surrounding neighborhood. r I,11" I:1I"1r i"" ',"1"1'" r " r""" i"'"'''' r if "1' ,.,"" '''i'''' "',"" ¡" r" 1'r'" ',"'" "¡'1 Ii r' ,"" "i1: if "l"lìi "i"""" I:"" ':r '..' "r 1" "il:" "",,'"'' "...'''''''' " ;::::::¡¡:¡f:::¡¡:¡¡:¡¡¡¡::¡:::::¡::¡,:¡::::::::::::::::::;::::::::::::::::::::¡::::::::::::,:::::':,::::::::::::::1::::1::::1:::1::::1:·::1:'::1:::1:::,1:::,1::::I::;::'::¡:I:;:I';:I;::I:::'I:,::I:;I::;:::'::::::;:I::::::::::;:,:::,:::::::';::::::1:::::::::::":;,::1:1:'1:::::::,:'::::'::':::':::";"::::;:: A. Continue with direction. B. Recommend approval of the rezoning request from NC and POD to CF, based on positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, Section 2.4.5(0)(5) (rezoning findings), and the City Comprehensive Plan. C. Recommend denial of the rezoning request from NC and POD to CF, based on a failure to make a positive finding with Section 2.4.5(0)(5), as the rezoning fails to fulfill one of the valid reasons for seeking a rezoning. Recommend approval of the rezoning request from NC (Neighborhood Commercial) and POD (Professional and Office District) to CF (Community Facilities), based upon positive findings with respect to policies of the Comprehensive Plan, Chapter 3 of the Land Development Regulations, and Section 2.4.5(0)(5) (Rezoning Findings). Attachments: (J Location/Zoning Map Q Survey filename: u:\grahamc\pzrep\seacrest.doc MEMORANDUM '10: MAYOR AND CITY ca-1MISSIONERS FRCJ4: DAVID T. HARDEN, CITY MANAGERtl1t-{ SUBJEX::T : AGENDA ITEM i 10 D - REGULAR MEETING OF ooroBER 15, 1996 SECOND READING AND PUBLIC HEARING FOR ORDINMCE NO. 44-96 (SANI:X:MAY HOUSE REZONING) DATE : ooroBER 9, 1996 'Ibis is second reading and a quasi-judicial/public hearing for Ordinance No. 44-96 which rezones the Sandoway House property from RM (Medium Density Residential) to CF (Conununi ty Facilities) District. The property is located on the west side of South Ocean Boulevard, between Sandoway Park and Ingraham Park, and contains 0.36 acres. In July, 1995, the City and Palm Beach County entered into an inter local agreement for the purchase of the subject property in order to preserve the historic house by converting it to an environmental/marine education center. We also entered into a 25-year lease agreement with the County, which became effective with the County's acquisition of the property on August 10, 1995. In April, 1996, the City entered into a conceptual approval agreement with Florida Conununi ties Trust to obtain funding for the purchase of the SandoWaY House, and in June of this year, a management agreement and sub-lease agreement between the City and the Friends of Sandoway was executed. A management plan for the Sandoway House is being prepared as well as a proposal to designate the property as an historic site. '!he existing RM zoning does not permit the intended use as a nature center. Therefore, on September 3, 1996, the City Commission initiated rezoning of the property to CF (Community Facilities). '!he Planning and Zoning Board considered this matter at public hearing on September 16, 1996, and voted unanimously to reconunend that the rezoning be approved , based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Develop1\ent Regulations, policies of the Canprehensi ve Plan, and LOR Section 2.4.5(D)(5)(b). At first reading on October 1, 1996, Commission passed the ordinance by unanimous vote. Reconunend approval of Ordinance No. 44-96 on second and final reading, based upon the findings and recommendations of the Planning and Zoning Board . ~ tj-O ref: agmem08 · I i ORDINANCE NO. 44-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELHAY BEACH , FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENI'IAL) DISr:'RICT IN THE CF (C<J.1MUNITY FACILITIES) DISTRICT; SAID LAND BEING ca.1MONLY KNG1N AS THE SANDCMAY HOUSE, LCX:hTED AT 142 SOUTH OCEAN BOULEVARD , AS MORE PAR.':'ICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATI: . WHEF:EAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as beinç zoned RM (Medium Density Residential) District; and WHEFEAS, at its meeting of September 16, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered thì s item at public hearing and voted unanimously to reconunend approval of the rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NCM, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.I..CMS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following ,3.escribed property: , Commencing at the intersection of the Western boundary i line of Ocean Boulevard (State Road A-1-A) with the Nort'1. line of Beach Lot 24, Plat of the Fractional East Half (E 1/2) of Section 16, TOwnship 46 South, Range 43 East, according to the Plat thereof as recorded in Plat Book 1 at Page 25 of the Public Records of Palm Beach Coun-:y, Florida; thence Southerly along said West boundary line of Ocean Boulevard, a distance of 27.16 feet to the Point of Beginning; thence Westerly I parallel to said North line of Beach Lot 24, a distance ! of 215.06 feet to a point; thence Southerly making an angln with the preceding course of 91 degrees 37' measured from East to South; thence 73.03 feet to a point; thence Easterly parallel to said North line of 1 , I -..------...-.. ~---,,_."-~-_.. "-'--'-'-'~_.--~-- ..- -'-_.-' ._+ -.~- -,,' - ,,-_. ,~_.... --. ~,. -,..__..,,-"~_...,_.- -" -,,'" . --~-_... .~--"-~...- ~_.--," f¡ - --~.'" " ' , "--_. ._..-. -- ! ! : Beach Lot 24, a distance of 209.01 feet to a point; said point being in Western boundary line of Ocean Boulevard; thence Northerly along said boundary line a distance of 73.46 feet to the Point of Beginning. The subject property is located on the west side of South Ocean Boulevard (A-1-A), between Sandoway Park and Ingraham Park (142 South Ocean Boulevard) ; containing O. 36 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of ¡ Delray Beach, Florida, to confonn with the provisions of Section 1 hereof. I I i Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision I shall not affect the validity of the remainder hereof as a whole or part ! thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective i immediately upon passage. i PASSED AND AOOPrED in regular session on second and final reading on this the 15th day of October , 1996. A'ITEST: ¡/¡ty~- ()L Mn'(!JJ.C ~ß/JI ru i-Irr<4 - I i ! C~ty Clerk ! First Reading October 1, 1996 ! ! Second Reading October 15, 1996 I ì , I I - 2 - Ord. No. 44-96 ! I I , I ! I I i ! CI( [)Ii'1 I TO: THRU: FROM: Y A. COSTEllO R PLANNER SUBJECT: MEETING OF OCTOBER 1, 1996 REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR THE SAN DOWA Y HOUSE. 1:??///::::tt,:::?)',:t:'/':::::':/??f?A::")'C:::·::·m:..::.····O:·::::··:·,,··:··\R·····:s·I[i.:¡rfu·c·ts[,S:··..····y:···:eø··:·:·:::O'·::::··:p··::::m:¡-::H···:'····S··:::C·:::::O·::::··:M····:..···M····:······...S:·····:'S:·····:·.··:O···::·:,,··::··:':::::::::::':???://f::ttt?:':t:::t://~ .."........................................... .... . .. .... . .. '........- ..... . .. ...... . . ................................................ ";:;:;:;:;:;=;=;:;:;=;:;:;:;:;=;:;:;:;:::;:;:;:;=::::;:::::::::::::::;:;:::::::::;:;::::::::::::.;::::.:::.:-:.::;:;.;.;:;.;:;.;.;.::;.;.;::.;.;::::-::;.;.;.;.:.;.:::.;.;....::.;.;.;:;.;.;.;.;.:.;.::;:;.;.;:;.;.:.;.:.:.;.;.;:::;::.;.;.::;.:-:=;:;:;:;::.;:;.:.;:;.;.;.;.;.;.::;:;:;.;.;.::;.;.;.;:;.;.;.;.;.:.:.:.;.;.;.;.::;.;.;.;::.;.:-::;.;=;.;.;.::;.;.:::-:.;:;=;:;:::;:;:;=;:::::;:::;=;=;:;:::::::::::::::::::;:::;:::::::;:;:::::::::::::::::::::::;:::: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 0.36 acre parcel from RM (Medium Density Residential) to CF (Community Facilities). The subject property is located on the west side of South Ocean Boulevard (A-1-A), between Sandoway Park and Ingraham Park (142 S. Ocean Boulevard). ¡i¡::::':::::¡:::¡:;:::,:¡:::::::::¡::::¡.:i;¡.¡:".:,,:::::i,::::¡¡:¡¡,:::",¡¡:¡¡;::¡:i::ii:¡:::::i:~::::¡:¡:':¡¡:::'¡¡:¡:::'¡i,::::;:i:¡::¡::-i:,:::i¡;¡·'::':::i:¡:::::¡¡:¡¡:iiÎ:IÎ8IgHI:":¡::¡:¡:::::¡::¡:i::::¡:¡::¡¡:¡:,iii::¡:i::::;;:i:i¡:::¡i¡¡¡¡:::::::i:¡:::-;¡:'¡¡¡¡:¡::ii¡i:¡:¡::i':::i:::::~¡:::'::::¡::i::¡::,::::¡::::¡:::::::::¡i¡::::::¡':::::¡'¡::"':il The proposal incorporates an unplatted parcel of land consisting of 0.36 acres and a vacant single family home with a swimming pool. The proposal is to rezone the property from RM (Medium Density Residential) to CF (Community Facilities). The rezoning is being processed to accommodate the Sandoway House Nature Center. The development proposal is to convert the existing 2,014 sq.ft. single family structure to a nature center with meeting/class rooms, a variety of educational displays and activities regarding the beach and ocean ecosystems. City Commission Documentation Meeting of October 1, 1996 Rezoning from RM to CF for the Sandoway House Page 2 Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. I::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::I.NltÑI:::ÎØD::IIÑI:"~::::IIIID:::ÎIIS.tDEa~I'Ñ}I:::'}I:rr:::::}:::rrr:::I:::::::1I ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.,.:.:.,.:.:.:.:.,.:.:.:.:.,.:...:.:.:...........:.:.......:...,...:.:.,.......:.:...,.:.....:.:.:...:.:...,...:...:.:...:.:.:.:.........,-:...:.:...:.:..-:...:-:.:...:.:.....:.,.:.:.....:.:.:.....:.:...,.,.....:.:...:....-:.:.:.:.:.:...:.:.,.....:.:...:...:.:.....:...:.......:.........:..::::.....:::...:::...,:...::.....:.:...:::...:::::::::,::,::,::,':"':':::::':':""::::::::::::::::::::::::::::::::':: At its meeting of September 16, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the rezoning. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the rezoning be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Section 2.4.5(D)(5)(b). I:':::i:i:::::i':::::¡:::,:·:::¡::::':,¡·::::':¡'::i.::'::":::.:::;::::::::::::::::::::::::::::::.:::::':::::::::::::::::::;:::::::i:::::::::::::illlllllllll::11IIIN·:::::·::::::::'::::::::::::::::::::::::::::::::::¡:::::::':,:::::::::::::::::::::::'::::::::::,':::::::::.:::::::::::.::.:::::::::.:::,::::':::.~ By motion, approve on first reading the ordinance for the rezoning of the Sandoway House from RM (Medium Density Residential) to CF (Community Facilities) based upon the findings and recommendation by the Planning and Zoning Board, and setting a public hearing date of October 15, 1996. Attachments: [J p & Z Staff Report and Documentation of September 16, 1996 [J Ordinance by Others . PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 16. 1996 AGENDA ITEM: V.D. . ITEM: City-initiated rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the Sandoway..House. located on the west side of S. Ocean Blvd. (A-1-A). betWeen Sandoway Park and Ingraham Park. II I II I I I .owRV S1RŒT l"- L --- J\ I '" - .. --J GENERAL DATA: ,~<= --' t CAMINO REAL <, HOUOA Y INN .!. ! Owner/Applicant......................... Palm Beach County I · ¡ok Agenl......................................... David T. Harden, City Manager _ ATlANTIC ~VE.ffUE c City of Delray Beach ; I III II f--I~ Location..................................... West side of S. Ocean Blvd., ~ I- _ _ i- _ C1:" between Sandoway Park and J Ingraham Park. _ f- ~:- Property Size.............................. 0.36 Acres "-11 :=¡ ; Future Land Use Map TIt I Designation................................. Medium Density Residential 5-12 ~lIIIJIË . units/acr~.. . I I ~~ ! Current Zpmng............................ RM (Medium DensIty ResIdential)' _. > I Proposed Zoning........................ CF (Community Facilities) OC£~c£ IoJ Adjacent Zoning................North: OS (Open Space) - ~ East OS -'- - I ~~ South: OS =' ~." '~2 West: RM - I I Existing land Use...................... Vacant 2,014 sq.ft. single family = ~ g;gMjOŒAN 1[RIl ~ I house with a swimming pool and - - )C storage shed. _ N A s SIAlu s T. Proposed land Use.................... Conversion of the existing single _ ŒJJID ~ family house to a nature center. ~[]JJJJJ] Water Service............................. Existing on site. = ~CffEY Sma:T ~ S S· Ex· t· ·t tJ ewer ervlce............................ IS Ing on Sl e. _ 0 LANIKAJ - ~LLAS CONDO - ffiBl.AH WAY g - ~ -J - l- I « - ~& )i ~A~~~~/~~ N ' ~ - I / I , V.D. .' . _¡Rìlfl~~~ìì¡~t.ìl~fì¡~¡I~ii¡¡r~~¡ìi~i~ììi¡:iì¡!f¡m:ii§:iiM:~:¡¡i¡::~¡¡¡§i~§)ii:ii¡¡¡§ii11¡Îfif¡:iIÎli¡¡¡i:¡i::!:lfl)¡ß:ifiÎI¡¡~¡¡¡i¡i:~¡¡i¡:i¡::¡f¡:f:il'I¡lf¡::'::¡::¡i¡¡i¡¡'¡¡¡j::':¡:f'f¡:¡,;j::j::i:!j:¡¡¡¡¡:¡j:,:,:::I::::, The item before the Board is that of making a recommendation on a city-initiated rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the Sandoway House, pursuant to LDR Section 2.4.5(D). . The subject property is located on the west side of South Ocean Boulevard (A-1-A), between Sandoway Park and Ingraham Park (142 S. Ocean Boulevard). The proposal incorporates an unplatted parcel of land consisting of 0.36 acres and a vacant single family home with a swimming pool. The existing Colonial Revival Resort style single family home was constructed in 1936, with an addition and swimming pool constructed in 1966, and a shed in 1977. On July 18, 1995, Palm Beach County and the City of Delray Beach entered into an interlocal agreement for the purchase of the subject property, in order to preserve the historic house by converting it to an environmental/marine education center. On July 25, 1995, the County and City entered into a 25-year lease agreement, which became effective with the a9quisition of the property by ,the County on August 10, 1995. On June 24, 1996, a management agreement and sub-lease agreement between the City and the Friends of Sandoway was executed. On April 5, 1996, the City entered into a conceptual approval agreement with Florida Communities Trust, to obtain funding for the purchase of the Sandoway House. A management plan for the Sandoway House is currently being prepared as well as a proposal to designate the property as an historic , site. The existing zoning, which is RM, does not permit the intended use as.a nature center. Therefore, on September 3, 1996, the City Commission initiated rezoning of the property to CF (Community Facilities) which is now before the Board for action. <;i1~¡it~i~~~t~ii.~~¡.1Îtli.tl!.§fl~tffi.*il.\llilj11111:¡lì¡1;¡f~i::t~:i~*:i~::i:¡¡¡f,fli.m~!¡¡m:!!i;11¡!!~¡!!:ifi.¡~¡~&tj The proposal is to rezone the property from RM (Medium Density Residential) to CF (Community Facilities). The rezoning is being processed to accommodate the Sandoway House Nature Center, The development proposal is to convert the existing 2,014 sq.ft. single family structure to a nature center with meeting/class rooms and a variety of educational displays and activities regarding the beach and ocean ecosystems. . '. ~, . Planning and Zoning Board Staff Report Rezoning from RM to CF for the Sandoway House Page 2 REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to' the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the land Development Regulations. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future land Use Map designation of Medium Density Residential 5-12 du/ac and is currently zoned RM (Medium Density Residential). Pursuant to lOR Section 4.4.21 (A)(Purpose and Intent), the CF zone district is a special purpose zone district primarily intended for locations at which facilities are provided to serve public, semi-public, and private purposes. The proposed 'CF (Community Facilities) zoning designation is deemed consistent with all 'Future land Use Map designations. Within the CF zone district, community services such as a nature center is allowed as a permitted use [lOR Section 4.4.21 (B)(2)]. Based upon the above, a positive finding can be made with respect to consistency with the Future land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water & Sewer: 0 Water service currently exists via a service lateral connection to a 2" main within Coconut Row. 0 Adequate fire suppression is provided via an existing fire hydrant on the east side of Ocean Boulevard, approximately 300 feet north of the site, and along the north side of the Sandoway Park parking area. 0 Sewer service currently exists via a service lateral connection to a 6" main within Coconut Row. ., Planning and Zoning Board Staff Report Rezoning from RM to CF for the Sandoway House Page 3 Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. ~ Drainage: With rezoning requests drainage plans are not required. The site is developed and contains a 2,014 sq.ft. single family home with a garage, swimming pool, shed, and an asphalt drive. The drainage is currently retained on-site site via sheet flow to landscape areas. The rezoning will not negatively impact this existing situation. With any future development to provide additional impervious areas i.e. parking, a drainage plan must be submitted which complies with South Florida Water Management District criteria. Traffic: Under the current RM zoning, the maximum development potential would be 4 multiple family dwelling units generating 28 average daily trips. With the proposed CF zoning district, the maximum development potential would generate vehicular trips-. similar to office and commercial developments. However, the proposal is to convert the existing residence to a nature center. "During weekdays, the nature center will generate vêhicular trips comparable to an RM-zoned development, with an increase to occur on weekends which coincides with weekend activities at the Municipal Beach. Thus, the rezoning will not have an impact with respect to traffic concurrency. With the submittal of a site plan, a traffic study/statement will be necessary. Parks and Recreation: This standard is not applicable as the proposal will add an additional 0.36 acres to the City's parks and recreation facilities. Solid Waste: Trash generated. each year from uses allowed in the proposed CF (Community Facilities) zoning district will be typically greater than or equal to trash generated by the uses allowed in the current RM (Medium Density Residential) zoning district. However, trash generated each year by the proposed 2,014 sq.ft. nature center will be 1.6 tons (1.6 pounds per square foot) whereas the existing single family residence generates 1.99 tons per year. Thus, the rezoning of the property to CF should not create an adverse impact on this level of service standard. ~ Planning and Zoning Board Staff Report Rezoning from RM to CF for the Sandoway House Page 4 CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found. Coastal Management Element Objective C-1 - The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Zone. The existing 1936 Colonial Revival Resort style single family home is historically significant. The development proposal is to convert the existing structure to a nature center which will provide for its preservation and adaptive re-use. Thus, this objective has been met. .Coastal Management Element Objective D-2 - 'There shall not be any development upon the barrier island which shall reduce hurricane evacuation time beyond its present level or which shall lower the level of service at the intersections of A-1-A and Atlantic Avenue; N.E. 8th Street and A-1-A; or at Linton Boulevard and A-1-A. . The intersection which will be affected by the development proposal is that at Atlantic Avenue and A-1-A. which is currently operating at level of service B. The conversion of the existing single family residence to a nature center will not lower the level of service for this intersection. Further. as the nature center will not increase the population on the barrier island, it is not considered to have an impact on hurricane evacuation time. Based upon the above. compliance with this objective has been met. Traffic Element Policy C-1.1 - Through and nonresidential traffic travel shall be limited and/or restricted in stable residential areas. The subject property is located within a stable residential area. with access taken from Ocean Boulevard (A-1-A). which is a state minor arterial. As A-1-A is an arterial. there is naturally through- and non-residential traffic. Ocean Boulevard provides access to the beach as well as the City's oceanfront parks and parking ., Planning and Zoning Board Staff Report Rezoning from RM to CF for the Sandoway House Page 5 lots. Thus, the traffic impacts of the nature center should not exacerbate those which currently occur in this area. Traffic Element Policy 0-2.2 - Bicycle parking and security facilities shall be required on all new development which occurs past-June 1, 1990. [LDR Section 4.6.9(C)(1)(c)] Improvements to the Sandoway House must include the installation of a bicycle rack. This policy will be addressed with the site plan submittal. Section 3.3.2 (Standards for Rezoning Actions): Standards Band C are not applicable. The applicable performance standard of Section 3.3.2 are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. The property is located within an area designated as Stable on the Neighborhood Categorization Map. As the rezoning is to CF, this standard has been met. (0) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and ·:.nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The properties to the north, south, and east are zoned OS (Open Space), and to the west is zoned RM (Medium Density Residential). The adjacent land uses include the following: north of the property is Sandoway Park; south is Ingraham Park, city-owned parking lot; east, across South Ocean Boulevard, is the Municipal Beach and its dune system; and, west is a single family residence. Compatibility with the adjacent residential properties is not a concern as the property is surrounded on 3 sides by city-owned property, i.e. Sandoway and Ingraham Parks, and the Municipal Beach. The existing structure will retain its residential character and will be landscaped. The subject prope!iY is separated from the residential property to the west by a 6' high concrete block wall. The hours of operation will correspond with the adjacent parks and municipal parking areas which are normally 8:00 a.m. until dusk, with peak demands from 12:00 p.m. to 5:00 p.m. . . . Planning and Zoning Board Staff Report Rezoning from RM to CF for the Sandoway House Page 6 Section 2.4.5(0)(5) (Rezoning Findings): Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change. is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for which the rezoning should be granted relates to Item "b". This request for rezoning to CF (Community Facilities) is being sought as there has been a change in circumstances which make the current RM zoning inappropriate. The existing single family house has historical, architectural, and economic significance and therefore has been purchased by Palm Beach County ,and leased to the City to be utilized as a nature center. Under the current RM zoning nature centers are not allowed, thus it is necessary to rezone the property to CF which is consistent with any Future Land Use Map designation. COMPLIANCE WITH LAND DEVELOPMENT REGULA TIONS: , The property contains a 2,014 sq.ft. single family residence with a storage shed at the northwest corner of the site and a swimming pool at the southwest corner of the site. With review of the rezoning petition, a site visit was condu.cted and did not reveal any code violations. Any future development of the site will require processing of a site plan and compliance with the applicable Land Development Regulations. The City will provide additional parking at Sandoway and Ingraham Parks. There are no problems anticipated complying with the Land Development Regulations. ;. . ::~::io~;I~W.i~f~:jftt#,i¡¡¡¡;:~îì¡¡M¡¡~1j¡t¡Mif?~~IIIì'¡I¡1IIW;1¡Ulit.àIE~l'i~1..tl\f._t\\ft11 The subject property is not within a geographical area requiring review by the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), or the Historic Preservation Board (HPB). .- Planning and Zoning Board Staff Report Rezoning from RM to CF for the Sandoway House Page 7 Public and Courtesy Notices: Formal public notice has been provided to property owner~. w.ithin a 500' radius of the subject property. Courtesy notices have been provided to the following civic and homeowners associations: o Friends of Sandoway o Beach Property Owners o Nassau Street Historic District letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. :~~ . ~;'~~1~~ì]m[ff,1iwil::I:!:I~:ll:¡¡I:~§¡:M:~§:~N¡:I~ifl~1f¡l@i~lîltI1I1111~JiIí.lil~fIf¡~~M~:~:¡:~¡:¡¡:¡¡f,~¡:¡~~¡¡~¡:¡:¡ The rezoning from RM (Medium Density Residential) to CF (Community Facilities) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposed CF zoning designation is consistent with the underlying Medium Density Residential 5-12 du/ac land use designation. Also, positive findings can be made with respect to LOR Section 2.4.5(D)(5)(b) (Rezoning Findings), that the CF is more appropriate as there ,'have been a change of circumstances that make the existing RM zoning inappropriate. Conversion of the existing 1936 Colonial Revival Resort style structure will enable the preservation of a building that has historical, political, architectural and economic significance for the education of future generations. Compatibility is not a concern as the property is bordered on 3 sides by city- owned properties, and is separated by the residential property to the west by a 6' high concrete block wall. .\il~l~J.'Ï.lil~~lw~~!11¡i~1.¡!~\i:~!~ï:liilr~l¡ilr.lrl;t¡1(11~]iI11¡~lil¡iBf~jlf,~r¡rf:~~~i:¡¡¡*i¡¡!~1i¡¡i¡íi¡¡¡~@it;~¡¡¡¡¡¡¡¡[i~t1il~¡¡ A. Continue with direction. B. Recommend approval of the rezoning request from RM (Medium Density Residential) to CF (Community Facilities) for the Sandoway House based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Sections 2.4.5(D)(5)(b). C. Recommend denial of the rezoning request from RM (Medium Density Residential) to CF (Community Facilities) for the Sandoway House based upon a failure to make [positive findings with respect to LOR Section - . . Planning and Zoning Board Staff Report Rezoning from RM to CF for the Sandoway House Page 8 2.4.5(0)(5), that the rezoning fails to fulfill one of the valid reasons for seeking a rezoning. Recommend to the City Commission approval of the rezoning request from RM (Medium Density Residential) to CF (Community Facilities) for the Sandoway House based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(b). Attachments: 0 LocationlZoning Map (J Survey This Staff Report prepared by: Jeff Costello. Senior Planner . ~ -." , ( ...." ...- 13::>!N'd AVMOOtNS ~OJ J.3JWnS ::>IHdV!I:>QdO! :IV AHVONnOO ..,,...,... !;Z6-!;6-1-S _ "",^_ 910-600á,6.,,....,.. OWl\31noe ~ ': NV3:x> f·unos ~ '"'i58 .... ~il .;w~ ~ \J\ ~R~ M..9Z.9 t ...gos ~M E ~~ ~r'~ ,. i!! 5 .. Ii ... . t;;~Zr B I~ . ~i~ ~8i ~ i!!"'~~~ .u Ji~ ... 5i8i~~ .. ... .. en "- a to ~ Ie 0 :5 z WI IÓ I .u w .. ~ Œ w N m ~ 0 .. .en .: .. 5~ - en :10:: "- ~i 8 0- ~ 0 0....:3 CD .Vt.. .01 .......en Q. IOIIOd " . ia:~ .:3 ~ ~ - :3~zen ~ QJ~ " CIJJOOII "i. w =š~ ~~¡o iIá .. :c: .. LL 1-: ~ Q.o¡ihs o~ .. 0 .Ç"\;L 9 0 ... ...... ~ Q.oen:::Eoen g ~~ ~. ~ CD 0... ~,.. ~ w ~ ~fj:! u!i 3 ! \0 ~:... ~ N ..~ ~ ~ ... N ( Q) to Z . ~ ~I :1 9 ~:; r; ..J' j!; ~; t~3 -z '.l. .OZ = .t :JlY.)S m'Lt ~ r .£0'££ ~~Ei "'\ ~â3 3..£l.91-WN 15 ""..§ Ug t . ã-,~ .0. t G(,)QD ~ ~ u ~ ~ u ,. ... MEMORANDUM '1Q: MAYOR AND CITY cn.1MISSIONERS FRCM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 10 E - REGULAR MEETING OF ocrroBER 15 , 1996 SECOND READING & PUBLIC HEARING FOR ORDINAæE NO. 46-96 (AMENDMENI'S ro OFF-STREET PARKING REGULATIONS) DATE : ocrroBER 11, 1996 This is second reading and public hearing for Ordinance No. 46-96 which amends LDR Section 4.6.9, "Off-Street Parking Regulations" , by making changes to various sections of the code. The significant changes include changes to the compact space marking details, parking striping details and reduction in the number of required guest parking spaces. These changes are reviewed in the staff rep:¡rt . Other changes address relatively minor items such as punctuation and format corrections. The Planning and Zoning Board considered this item on September 16, 1996, and voted 4 to 1 to recommend approval, with the exception of the changes implementing single parking space striping. The Board felt the current double striping forced people to center their vehicles in the parking sp:¡ts thereby reducing damage to adjacent vehicles caused by the opening of vehicle doors. Attached is a survey of double and single striped parking facilities. At first reading on October 1, 1996, the City Commission passed the ordinance as recommended by the Planning and Zoning Board by unanimous vote. Recommend approval of Ordinance No. 46-96 on second and final reading. iìldWn to ~~~ ~ /1/-5/96 idaL1~þÆu7~tý ÝiL~GùY~ (¡'.e.. ~ ~ ~ ~x:;6¡) .L.j - 0 ref: agmemoll -// - . l í\ tl {, \ [ITY DF DElRRY Bt~lr~·~ CITY ATTORNEY'S OFFICE :;:-.\0 ~~\;> l~.t .-\\J:~~~·l--E . DELRA'r BEACH, FL~-;'EIDA 3~~~~.:. F.\ C S1:\11 LL ".'/: 7 ó-~ 7:' 5 Writer's Direct Line: (407) 243.7091 DELRA Y BEACH f lOR I D " ........ AlI·America City MEMORANDUM , III I! DATE: October 10, 1996 1993 TO: City Commission ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Amendment to "Garbage and Trash" Ordinance On September 17, 1996, the City Commission approved the "Garbage and Trash" Ordinance of the City on second and final reading. After approval of the ordinance the City received the attached letter ftom the Spanish Wells Condominium Association requesting that their service remain as rear-door service rather than curbside service. This request requires an amendment to the ordinance. Also, after further review, it was detennined that several portions of the ordinance needed clarification. The following changes are also incorporated in the ordinance with other minor changes in an attempt to clarify the ordinance: - vegetative waste may not be placed in roll out carts - clarifying the use of mechanical containers - clarifying the disbursement of recycling containers - clarifying lawn maintenance and landscaping companies disposal sites - to state the times permitted for placement of garbage receptacles at curbside - removal of duplicated items By copy of this memorandum to David Harden, City Manager, our office requests that this amendment to the "Garbage and Trash" Ordinance be placed on the October 15, 1996, City Commission agenda. Please call if you have any questions. cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk 51~ Joe Safford, Finance Director P~J/~O /o!I.6/CJb E;! :c, ~·c.-: '-::-. ,- "or-: P¿;~~'e,' /A,4 . .' .. ~~ ~lmBm WIL11~ CONDOMINIUM ASSOCIATION, INC. 3435 San Bernadino Drive · Delray Beach, Florida 33445 · (407) 495-4220 September 20, 19q6 ......-. Mr. Joseph M. Safford RECEIVED Finance Director SEP ::;5 100 N.W. 1st Avenue 1996 DelrAY Beach, Fl. 33444 BY Fi~JA~JCE DeAr Mr. Safford, . Thi~ i~ to verifv our telcon as of thi~ date that Spani~h Wells Condominium will rpmAin havin2 r~Ar door pirkllp. We apnreciate your help in having a well-maintained fomn1ex. Thank you for your cooperation and consideration. Sincerely, ~~7?t~ Phy1 is M. Johnson Administrator ORDINANCE NO. 47-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING ORDINANCE 33-96 ENACTING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.01, "DEFINITIONS", TO ADD AND DELETE CERTAIN DEFINITIONS; BY AMENDING SECTIONS 51.02, "DUMPING ON PROPERTY OWNED BY OTHERS PROIllBITED", 51.20, "BUilDING MATERIALS", 51.21, "COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONSmll..ITY FOR TRASH COLLECTION" , 51.22, "VEGETATIVE WASTE", 51.23, "BULK TRASH", 51.35, ·CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", 51.37, "USE OF OTHER UNITS AND CONTAINERS", 51.39, "MAINTENANCE OF CONTAINERS", 51.40, "PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES", 51.45, "CONSTRUCTION AND DEMOLmON SITES", 51.70, "REGULAR CHARGES LEVIED", 51.71, "PAYMENT AND Bß..LING", 51.72, "METHOD OF Bll..LING", 51.73, "DELINQUENT PAYMENTS; LIEN" AND 51.75, "PERSON BILLED FOR WATER SHALL BE RESPONSmLE FOR CHARGES" TO PROVIDE CLARIFICATION AND CORRECT GRAMMATICAL ERRORS; BY AMENDING SECTION 51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND TRASH", TO PROVIDE CLARIFICATION AND PROVIDING THAT THE SUBDIVISION OF SPANISH WELLS SHALL RECEIVE REAR-DOOR/SIDE-DOOR SERVICE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the residents of Spanish Wells wish to have Rear-Door/Side-Door Service rather than Curbside pickup; and, WHEREAS, the City Commission desires to clarify portions of the ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.01, "Definitions", of the Code of Ordinances of the City of Del ray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.01 DEFINITIONS. To the extent the definitions contained herein conflict with similar definitions contained in any federal, state or local law, the definition herein shall prevail Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste which contain human-disease-causing agents; used disposable sharps, human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. Biolosrical Waste: Shall mean solid waste that cause or has the capability of causing disease or 1 ORD. NO. 47-96 infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded refiigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household goods, furniture, large boxes, barrels and crates, and shall not be commingled with Vegetative Waste or any other type of refuse. City: The City of Del ray Beach, Florida, or the City's authorized agents or contractors. City Manaeer: Shall be the City Manager of the City of DeIray Beach or hislher designee. CoUection: Shall mean the process whereby solid waste, garbage, trash, bulk trash, vegetative waste or recyclable material is removed and transported to a Designated Facility. Commercial Service: Shall herein refer to the service provided to business establishments, churches, schools, apartments (for profit buildings containing over four (4) living units are classified as commercial accounts), office buildings and other establishments. Service shall include container rental, the rolling out and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container locations, supplying locks and locking mechanisms for containers, and other services to include painting and repairing required for the proper maintenance of containers. Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other business places. Commercial trash shall include furniture if properly containerized. Commercial trash shall not include Special Waste. Construction and Demolition Debris: Shall mean materials defined as such £Tom time to time by the Department and Chapter 17-7, F.A.C. Contractor or Vendor: Browning-Ferris Industries of Florida, Inc. Deoartment: Shall mean the Florida Department of Environmental Protection. DesÏlmated Facilitv: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Solid Waste Authority or the City Manager. Disoosal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by others for disposal of the waste collected by the Contractor. Garbaee: Shall mean all putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results ftom the storage, preparation, cooking or handling of food materials whether attributed to 2 ORD. NO. 47-96 residential or commercial activities. Vegetative Waste shall not be commingled with Garbage in the same collection. Garbage shall not include any material that falls within the definition of Special Waste. Garbasr:e Receotacle: Shall mean any commonly available light gauge steel, plastic, or galvanized receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Any receptacle including waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in weight for owner's container and thirty-two (32) gallons or ninety five (95) gallons for rollout containers. Hazardous Waste: Shall mean solid waste as defined by the State of Florida Department of Environmental Regulation as a hazardous waste in the State of Florida Administrative Code, or by any future legislative action or by federal, state or local law . Industrial Wastes: Shall mean any and all debris and waste products generated by manufacturing, food processing (except in restaurants and homes), land clearing, and commercial shrubbery or tree cuttings, building construction or alteration (except residential do-it-yourself projects) and public works type construction projects whether performed by a government unit or by contract. Litter: See Chapter 98 of the Code of Ordinances of the City ofDelray Beach. Loadinsr: and Unloadinsr: Area: Any loading or unloading space or area used by any moving vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and persons. Loose Refuse: Any refuse, either garbage or household trash stored in and collected trom any type of container other than a mechanical container or garbage can related to multiple family dwellings or the designated facility. Refuse which is collected trom the ground is considered loose refuse. Mechanical Container: Shall mean and include any detachable metal container designed or intended to be mechanically dumped into a loader/packer type of garbage truck used by the Contractor and includes any motorized or electrical compactor often (10) yards capacity or less. Mechanical containers may be constructed of plastic. Further, all mechanical containers must be uniform in color, have closeable lids, and be ftee of any advertising or other information other than a 8-1/2" xII" sticker with the name, address, and telephone number of the Contractor. Multiole Dwellinsr: Units: Shall mean any building containing five (5) or more permanent living units, not including motels and hotels. Parkinsr: Lots: Commercial and public lots designed for the parking of any vehicles with the exception of residential parking. 3 ORD. NO. 47-96 Penon: Any natural person, owner, agent, corporation, partnership, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or representative or group of individuals or entities of any kind. Premises: Lots, sidewalks, alleys, rights-of-way, grass strips, and curbs up to the edge of the pavement of any public thoroughfare. Private Prooertv: Property owned by any person as defined in this section, including, but not limited to, yards, grounds, driveways, entrance or passage ways, parking areas, storage areas, vacant land, or body of water..; aBd æeh:1dæg side"l.'alks, gr-ess strips, and oae half of aàjaeeat alleys:- For the purpose of this chapter, "Private Prooertv" owners are required to maintain rights-of-way up to the edge of the pavement of any public thoroughfare. Public Prooertv: Any area that is used or held out to be used by the public, whether owned or operated by a public interest, including, but not limited to, highways, streets, alleys, parks, recreation areas, sidewalks, grass strips, medians, curbs, or rights-of-way up to the edge of the pavement of any public thoroughfare or body of water. Recvclable Materials: Shall mean newspapers (including inserts), magazines and catalogs, aluminum, aluminum foil and pie plates, plastic containers, glass bottles and jars, corrugated cardboard, brown paper bags, mixed paper, drink boxes, milk and juice cartons and other solid waste materials added upon Agreement between the Solid Waste Authority and the Contractor, when such materials have been either diverted ftom the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. Recvclin2: Shall mean any process by which solid waste, or materials which otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. Refuse: Shall mean commercial trash, household trash and garbage or a combination ef or mixture of commercial trash, household trash and garbage, including paper, glass, metal and other discarded matter, excluding Recyclable Materials. Residential Do-It-Younelf Proiects: Minor residential repairs done exclusively by the homeowner himself Residential Service: Shall herein refer to the refuse, recycling and vegetative waste collection service provided to persons occupying residential dwelling units within the City who are not receiving commercial or multi-family services. This would include single family homes, duplexes, triplexes.. quadplexes and mobile homes. RonofT Collection Service: Shall mean the collection of construction and demolition debris using open top rolloff containers within temporary locations in the City, limited to new construction sites. Rolloff collection service shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use open top rolloff containers for horticultural or agricultural waste, and horticultural and agricultural 4 ORD. NO. 47-96 waste shall not include any other type of waste, including, but not limited to, Special Wastes, Garbage or Recyclable Materials. RoU-Out Carts: Carts that are either a 32 or 95 gallon (approximate) wheeled container of a type approved by the City Manager or his designee, and shall be equipped with wheels; and a lid latah that \viII keep the lid elesed ift-he em should he lœoeked or hlo\'æ ever. 8iBøe Family ResideBtial UBit: .\fly dwelling pliee desigfted to he oaeupied by Olle femi.ly. Sludl!e: Includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. SDeciaJ Waste: Shall mean solid wastes that require special handling and management, which are not accepted at a landfill or other disposal facility or which are accepted at a landfill or other disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires, used oil, lead-acid batteries, and Biohazardous wastes. Trash: Shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweeping, broken toys, tools, utensils, and all other accumulations of a similar nature other than Garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, but shall not include Vegetative Waste. V el!etative Waste: Shall mean any vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. ResideBts shall bag or eeBt~e all. grass elippiftgs, leaves, piBe Beedles, ed similar small. loose items \\ileBe"/er possible. Large Vegetati-¡e '}/aste items must be Bat mer~ than siK (6) feet ill leagth ar fifty (50) pa1:lßås ill weight, and shell be plaeeè Beady at the oorb. Vegetative Waste does not include any fonn of matter or debris resulting from tree removal, land clearing, land development, or waste generated by tree surgeons, landscapers or lawn maintenance services. Tree remo-¡al hy resiåeats is aeeepttæle for ærèside pielœp if aut to the speeifieatioÐS Bated ahave. Section 2. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.02, llDumping on Property Owned by Others Prohibited", of the Code of Ordinances of the City ofDelray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.02 DUMPING ON PROPERTY OWNED BY OTHERS PROHIBITED. It shall be unlawful to dispose of or discard any garbage, trash, vegetative waste. or litter on property owned or controlled by someone else. Section 3. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.18, IITypes of Services Provided for Picking up Garbage and Trash", of the Code of 5 ORD. NO. 47-96 Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.18 TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND TRASH. (A) Roll out Cart Service (1) All single family homes. duplexes. triplexes. Quadplexes and mobile homes resiElœtiel units of the City shall have roll out cart curbside pickup, except for the areas listed in sections (B) and (C). The customers in this ar~ receiving cart service shall be required to use roll-out carts furnished by the City. These earts shall eeeeme the preperty of the resiEleAt after iWe years. (2) These roll-out carts shall be furnished by the City (or its' Contractor) and shall eeeome the property of the eustomer after a perieEl ef five years remain the property of the City. If a roll-out cart becomes unserviceable or is missing because of customer neglect, the City (or its contractors) may repair or replace it, but repair or replacement does not constitute a waiver by the City (or its contractors) to proceed against the negligent customer for reimbursement for any replacement or repair. The City (or its' Contractor) shall supply only one roll-out cart ready for use to each siBgle dwelling receiving residential service anit or eaaft \HHt in a mtiltiple dwelliftg 1::H1it (ROt servieed \vith meehanieel eeAtaifters); however, additional roll-out carts may be rented to the customer at a charge not to exceed $1.50 per month. Any additional roll-out carts shall be collected by the City or its contractors at the same time as the first roll-out cart, and there shall be no additional monthly service charge for that collection other than the charge for each additional roll-out cart rental. (3) All customers receiving roll-out cart service are required to use those roll- out carts for all garbage and for whatever trash aød gartieø Ed yard trash that can be reasonably contained therein. All roll-out cart service shall be collected on regular schedules and routes as determined by the City or its' Contractor. (4) All vegetative waste shall be placed adjacent to the pavement or traveled way of the street, in containers or bundles less than 50 pounds each and with no dimension over six feet each, and then shall be collected on one of the scheduled garbage collection days. (5) The provisions and requirements set forth in this division notwithstanding, for those customers who, by reason of disability and with on other able-bodied person residing in the residence, certified by a doctor and approved by the City, are unable to place the roll-out cart at the street, then collection shall be from roll-out carts located at accessible locations adjacent to the house or structure. (B) Rear-doorlside-door service. (1) For the residential area of the City located east of the Intracoastal Waterway.. Spanish Wells and Sherwood Park, garbage and trash shall be collected at least twice 6 ORD. NO. 47-96 each week on regular schedules and routes as determined by the City or its' Contractor iTom the rear, side, or iTont of and adjacent to the served residences, eøè at locations reasonably accessible to the City or its' Contractor. (2) All vegetative waste and bulk trash shall be placed adjacent to the pavement or traveled way of the street, in containers or bundles less than 50 pounds each and with no dimension over six feet each, and then shall be collected on one of the scheduled garbage collection days. (C) Curbside, garbage and household trash in disposable containers. (1) For the residential area of the City located at Imperial Villas and Country Manor, the customer's garbage and trash shall be placed in disposable bags at locations adiacent to the street and shall be collected at least twice per week on regular schedules and routes as determined by the City or its' Contractor iTom the ftont of the served residence~;- whiek mtist he Ïft leeatieftS aàjaeeßt to the street. (2) All garbage and trash shall be placed in secured plastic bags or other secured disposable container and no bag shall weigh more than 50 pounds. (3) This service specifically excludes collection of vegetative waste and bulk trash, and removal of that refuse shall be at additional charges as set by the City or its' Contractor. (D) Mechanical Container Service ill Multi-family dwelling units containing five or more units shall use mechanical containers. except as otherwise approved by the City because oflack of suitable space for a mechanical container or other good reason. ill Business establishments. churches. schools. office buildings and other establishments that receive commercial service may use mechanical containers or roll out carts. ~ Recycling program. (1) Each residence of the City receiving residential service shall be provided two recycling containers for the accumulation and collection of mÐted paper, glass, plastie 8:ßd akmHnum Ed other recyclable materials. (2) All condominiums and apartment complexes containing thirty (30) five (5) or more dwelling units using mechanical containers shall be provided an adequate number of recycling containers to collect mtxeå peper r-eeyelables recyclable materials. (3) The containers referred to in åhi5Ìoß part (1) shall be brought to curb-side,. and shall be collected at least once per week. For each residence or unit referred to in åivisioB att (1) above, such collection shall be made on one of the regular refuse collection days. For 7 ORD. NO. 47-96 condominiums and apartment complexes referred to in EihisioA part (2) above, collection shall be made once per week. (4) In the event the recycling containers contain unacceptable materials, the materials will not be collected and an explanatory notice will be placed in the container. (5) In the event that the recycling container, furnished either by the City or by the Contractor, is lost, damaged, or stolen, the residence or condominium or apartment shall pay the Contractor or City directly for replacement containers. (6) Participation in the recycling program shall be mandatory. Section 4. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.20, "Building Materials", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.10 BUILDING MATERIALS. (A) Building materials originating prior to, during, or subsequent to the construction of new buildings, alterations, or additions to existing buildings of whatsoever type~ or ITom demolition of existing structures will not be collected. Removal of these building materials is the responsibility of the contractor or installer. (B) Building materials resulting ITom minor homeowner repairs (residential do-it- yourself projects) which meet the requirements for trash collection must be bundled, bagged, or boxed and will be collected at curbside. Discarded lumber pieces must be no longer than four feet without nails. Larger materials may be picked up by special request at an additional charge ITom the Contractor. Section 5. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.21, "Commercial Landscape or Lawn Maintenance Business~ Responsibility for Trash Collection", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.11 COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH COLLECTION. Persons engaged in either commercial landscape or lawn maintenance business shall be responsible for hauling vegetative or other trash generated by their activities to the City's Transfer Station or other Solid Waste Authority authorized disposal site aFea. Section 6. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.22, "Vegetative Waste", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 8 ORD. NO. 47-96 Section 51.22 VEGETATIVE WASTE (A) Vegetative waste shall be collected from the residences at least one time per week and shall be on the same day as one of the collection days for solid waste. Collection shall begin no earlier than 6:00 a.m. and cease no later than 6:00 p.m.. Vegetative waste shall be placed adjacent to the pavement or traveled way of the street. Residents shall bag or containerize all grass clip.pings. leaves. pine needles, and similar small loose items whenever possible. Large vegetative waste items must not be more than six (6) feet in length or fifty (50) pounds in weight. and shall be placed neatly at the curb. box leose vegetatb<e waste and buftdle larger iteæs if pessihle. In the event of a dispute between the Contractor and a customer as to what constitutes vegetative waste, the situation will be reviewed and decided by the City Manager, whose decision shall be final. (B) At the request of the City or at the request of a resident, the Contractor shall collect vegetative waste on a day other than the regular scheduled collection day at a cost to the resident equal to $11.50 per cubic yard. The Contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. Upon receipt of payment, the Contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the Contractor and the resident. Section 7. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.23, "Bulk Trash", of the Code of Ordinances of the City ofDelray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.23 BULK TRASH (A) Bulk trash shall be collected from residences within the City no more than once per week. The bulk trash pickup day shall coincide with the first refuse collection day, which shall be a Monday, Tuesday or Wednesday of each week. (B) At the request of the City or at the request of a resident, the Contractor shall collect Bulk Trash on a day other than the regular scheduled collection day at a cost to the resident equal to $22.00 per cubic yard. The Contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. However. if the City requests the pickup and the Contractor is unable to collect payment fÌ'om the resident. then the Contractor shall collect the bulk trash and the resident shall be billed by the City for the extra charge. When payment is made to the City for the extra charge then that amount shall be forwarded to the Contractor. Upon receipt of payment by the resident. the Contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the Contractor and the resident. 9 ORD. NO. 47-96 (C) Furniture and appliances shall not be placed at curbside except as herein stated. Upon request, the City may collect normal household discarded furniture or appliances, including but not limited to sofas, chairs, beds, refiigerators, washers, dryers, hot water heaters, and similar items. Residents, including tenants or lessees requesting this service of the City will be given a date when collection will occur. Items for collection shall be placed at curbside no earlier than 5:00 p.m. on the day preceding the scheduled collection. (D) It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refiigerator, or container with a locking device unless the door has been removed. This prohibition shall not apply to any appliance, refiigerator, or container at a commercial establishment which has been placed on or adjacent to the rear of the building and is crated, strapped or locked to an extent that it is impossible for a child to obtain access to any airtight compartment thereof. Section 8. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.35, "Containers Required for Residential and Commercial Sites", of the Code of Ordinances of the City ofDelray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.35 CONTAINERS REOUIRED FOR RESIDENTIAL AND COMMERCIAL SITES. Except as otherwise provided for herein. or due to the type of garbage and trash service designated by the City for the subject property, it shall be uæa9.vfitl fer the owner of any real property in or trom which litter is accumulated or produced to fail to must provide; suitable rec~tacles and containers. These containers must be kept in an accessible location for collection and must be anEt at all times te keep ia a S\::Iitable plaee reaEtily aeeessible te t.fie City eolleetioa er-e9l.'8 aT pri...-ate eoDeetioa ageaeies, aèequate &Bet suitaèle reeeptaeles aBet eafttaiaers capable of holding all waste materials which would ordinarily accumulate between the times of successive collections. All containers and receptacles as required shall be of safe construction and design and shal1 be maintained in good serviceable condition at all times. Any receptacles or containers which do not conform to the provisions of this chapter, or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof or the public generally, shall be promptly replaced upon notice. The City Manager shall determine the quantity and location of receptacles and determine whether the receptacles and containers are serviceable. Section 9. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.37, "Use of Other Units and Containers" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.37 USE OF OTHER UNITS AND CONTAINERS. Customers who, upon the express and sole approval of the City, elect to use roll-off containers or/stationary rolloff compactor units of 10 yards capacity or more aREi eaæpaetor ooatainers or like similar constructionlbulk containers orkompactor equipment may be excluded trom regular collection by the City or its' Contractor, subject to the provisions of Sec. 51.16. 10 ORD. NO. 47-96 Section 10. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.39, "Maintenance of Containers", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.39 MAINTENANCE OF CONTAINERS. It shall be the responsibility of the users of garbage BliEf yafå trash and recycling containers furnished by the City or the Contractor to clean and maintain those containers in a sanitary condition. Section 11. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.40, "Placement of Containers and Trash; Precollection Practices", of the Code of Ordinances of the City ofDelray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.40 PLACEMENT OF CONTAINERS AND TRASH: PRECOLLECTION PRACTICES. (A) Blockage of storm drains. It shall be unlawful for any person to place any refuse, trash, refuse receptacles, or containers on, upon, or over any storm drain or so close thereto as to be drawn by the elements into the storm drain. (B) Dangerous trash items. It shall be unlawful to place dangerous trash items and all waste materials of injurious nature in containers unless they are securely wrapped so as to prevent injury to the collection crews and others. Dangerous trash and waste materials shall include, but shall not be limited to, broken glass, light bulbs, sharp pieces of metal, fluorescent tubes, and television tubes. (C) Hazardous waste. It shall be unlawful to place hazardous waste HSe in any receptacle used for collection by the City. Some of the items listed in Part (B), if placed in a receptacle used for collection by the City in large quantities, may be classified as hazardous waste. (D) Garbage and trash. It shall be unlawful to place& in garbage receptacles. trash which has not been drained of all liquids Ïfi. gMåage rœeptaeles. Any items of trash which are too large for receptacles and cannot be reduced to a size which can be placed in a garbage receptacle may be placed at curbside no earlier than 5:00 p.m. on the day preceding the collection date for that material, provided those items are covered or secured so as to avoid unsightly litter conditions. Any garbage receptacle may not be placed at curbside earlier than 5:00 p.m. on the day preceding the collection day and must be removed by 7:00 p.m. on the day of collection. (E) Liquid garbage. In order to prevent spillage, garbage which contains liquids must be wrapped, bagged, or otherwise enclosed in plastic containers for collection. (F) Mechanical containers. 11 ORD. NO. 47-96 (1) Placement of containers emptied by mechanical means shall be determined by the City Manager. The following materials shall not be permitted to be placed in those containers: (a) Tires. (b) Motor vehicle parts, including, but not limited to batteries. (c) Carpet or padding larger than three feet by three feet. (d) Metal pipe in excess of 1/2-inch by three feet. (e) Construction or building materials. (f) Wood in excess of one inch by two inches by three feet. (2) It shall be unlawful for anyone to place or maintain materials or place any vehicle under their control, whether temporarily or permanently, so as to block access to any mechanical container. (3) The use of or the Øepositing of any garbage or trash. in.ta meehaBieal eofttainers sh.aD oÐly be by those persofts, œtities, or æstomers to ·.",ham meahsnieal eofttainers are assigBe(j or v¡ho are payiftg for those mee_eat eofttaÎners. (G) Refuse. It shall be unlawful for anyone to fail to place and maintain refuse in containers as specified herein. All containers shall be kept covered at all times with tight-fitting covers. (H) Vegetative waste. Vegetative waste shall be placed only near the edge of the roadway adjacent to the property trom which it was generated. Vegetative waste for collection shall be placed at the required location no earlier than 5:00 p.m. on the day preceding the collection date. (I) Recycling. Recycling containers shall be placed beside the curb adjacent to the roadway no earlier than 5:00 p.m. on the day preceding the collection date for the material, provided those items are covered or secured so as to avoid unsightly litter conditions. Any container placed at curbside must be removed by 7:00 p.m. on the day of collection. Section 12. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.45, "Construction and Demolition Sites", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.45 CONSTRUCTION AND DEMOLmON SITES. (A) It shall be unlawful for any construction or demolition contractor to fail to provide onsite suitable receptacles, bulk containers, or detachable containers for loose debris, paper, building material waste, scrap building material, and other trash produced by those working on the site. All material shall be containerized by the end of each day, and the site shall be kept in a reasonably clean and litter-tree condition. The number of receptacles, bulk containers, or detachable containers shall be determined by the City Manager. Construction sites shall be kept reasonably clean and orderly at all times. 12 ORD. NO. 47-96 (B) Where eofterete or MY other suhstanee permaneatly affixes itself to the road surfaee, eausiftg the SÐrfaee to be UfteVefl, it shall be immediately FeRloved by "ersoas respoBsible. TBe teRR "ResB8Rsihle Pen8R" usee! Í:ft this seetioa shall IBe&R the driver of the vehiele "iHeh deposited the substanee oBto the street, his employer, the O·.VIlef oftlie real pr'6perty, Of the prime eoatf'aetor Îfl eherge of a eeastnletioB site iì:eIÐ w'her-e the sOOst8:Bee erigiBateEl. Section 13. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential (SiBgle Family) Service CSins!le Familv Homes. Dunlexes. Trinlexes. Ouadolexes and Mobile Homes) Curbside Rollout Carts Monthlv Service Cost Per Unit GaIbage Collection 2.51 Recycling 1.40 Yard Trash 1.30 Bulk Trash 0.20 Total Fees -Contractor 5.41 Cart Replacement 0.90 Administrative Fee 0.35 Franchise Fees (5%) 0.27 Total Fees 6.93 Jieardoor Owner Containerå Monthty Service Cost Per Unit GaIbage Collection 7.85 Recycling 1.40 Yard Trash 1.30 Bulk Trash 0,20 Total Fees -Contractor 10.75 Administrative Fee 0.35 Franchise Fee (5%) 0.54 13 ORD. NO. 47-96 Total Fees 11.64 Curbside DisDosable Ba2s &A Monthlv Service Cost Per Unit GaJbagelTrash Collection 1.55 Recycling 0.85 Total Fees -Contractor 2.40 Adminisbative Fee 0.35 Franchise Fee (5%) 0.12 Total Fees 2.87 a. This reaÑeer serviee shall ea)y he pr&'Vided .e resideatia) areas )eeated East ef the BReeasta) Watenr8Y aad She",'eed Park. &A This eBrhside dispesahle hag serviee shaD ealy he previded te resideatial areas leeated at Imperial Villas aBd CeBBtr,' MaBel'. (B) Resideatial (Multi-Family) Service Mukiple family Et.V()Hing um!s eoø!ainiBg feur tmits may use rell out eaRs or meehaøieaI ÐOøtaÏBers. Multiple-family dwelling units containing five units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multi-family monthly fees shall eeøtaiø include a container charge and a per unit charge. If the amount of refuse generated requires more than two (2) times per week collection. then the third (3rd) and all subsequent collections shall be charged the commercial collection rate only. Multi-Familv Rates Contaiaer Monthlv Maintenance Chanre Container Size Monthlv Cost Franchise Fee Total Container Fees 2yd. 19.40 1.94 21.34 3yd. 21.44 2.14 23.58 4yd. 22.21 2.22 24.43 6yd 25.53 2.55 28.08 8 yd. 27.09 2.71 29.80 CoUecticMa &: HaulÎD2 Rate Per Unit (Based on a Bi-Weeklv Pickuo) Mnnth1v Service Monthly Cost Per Unit Refuse Collection 1.35 Recycling 0.80 Total Per Unit Fees-Contractor 2.15 14 ORD. NO. 47-96 AdmiDistrative Fee 0.35 Franchise Fee (10%) 0.22 Total Monthly Fees Per Unit 2.72 (C) Commercial (1) Commercial customers shall use mechanical containers or roll out carts &ftè eøBHBeFeial refuse ooataÏBer serviee. Commercial customers shall include all customers other than residential or multi-family customers. ;- but Bat he limited te, all eftiee ÐuilåiBgs, steres, fiIIiøg smÛOlt5, serviee establishmeftts, light ætklstry, sefteøls, elærehes, eftæS, lodges, motels, hwadries, lietels, publie huildiBgs, food sertiee, Ed lodgiBg establishmeøts. Commercial customers may use any of the following containers for accumulation of refuse: (a) Cømmereial reRise eeatamers. Roll Out Carts. The City shall require any commercial customer needing more than six reRise eoat8Ïaers roll out carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractors, and which are convenient for collection by the City or its contractors. (3) Containers emptied by mechanical means shall be provided by the City or its contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractors, but not less than one day a week nor more than six days a week. (4) Commercial customers needing six or less tfteB stx rdUse eoatainers roll out carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container.. shall else be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractors and the customer. The charge shall be based upon the following schedule for sueh garhage ed trash serviees: Commercial Rates (Monthlv) $ 8.76 $17.50 $ 26.26 $ 35.02 $ 43.76 $ 52.52 $ 13.35 $ 26.69 $ 40.04 $ 53.39 $ 66.73 $ 80.08 $ 19.40 S 19.40 SlMQ l..l.2Æ! s l2Æl S 19.40 $ 41.51 $ 63.59 $ 85.70 $107.81 $129.89 $152.00 Lill ~ LU1 $ 10.78 $ 12.99 ~ S 45.66 $ 69.95 $ 94.27 $118.59 $142.88 $167.20 $ 13.13 S 26.26 S 39.39 $ 52.52 S 65.65 S 78.78 15 ORD. NO. 47-96 $ 20.02 $ 40.04 $ 60.06 $ 80.08 $100.10 $120.12 $ 21.44 $ 21.44 WM $ 21.44 $ 21.44 WM .I 54.59 $ 87.74 $120.89 $154.04 $187.19 $220.34 .l..J.M un ill.Q2 1.il.4Q .11m ~ $ 60.05 $ 96.51 $132.98 $169.44 $205.91 $242.37 $ 17.50 $ 35.02 $ 52.52 $ 70.02 $ 87.54 $105.04 $ 26.69 $ 53.39 $ 80.08 $106.77 $133.47 $160.16 $ 22.21 lID.! $ 22.21 $ 22.21 $ 22.21 UW $ 66.40 $1l0.62 $154.81 $199.00 $243.22 $287.41 UM U1M ~ lli..2Q ruJZ $ 28.74 $ 73.04 $121.68 $170.29 $218.90 $267.54 $316.15 Collection $ 26.26 $ 52.52 $ 78.78 $105.04 $131.30 $157.56 $ 40.04 $ 80.08 $120.12 $160.16 $200.20 $240.24 Uill $ 25.53 ~ $ 25.53 ~ ~ $ 91.83 $158.13 $224.43 $290.73 $357.03 $423.33 Ull lli..ll. ~ wm u.u.q UU1 $101.01 $173.94 $246.87 $319.80 $392.73 $465.66 $ 35.02 $ 70.02 $105.04 $140.06 $175.06 $210.08 $ 53.39 $106.77 $160.16 $213.55 $266.93 $320.32 UW l.ru!2 $ 27.09 $ 27.09 llZ..Q2 $ 27.09 $1l5.50 $203.88 $292.29 $380.70 $469.08 $557.49 ~ UQJ.2 U2.l1 U1..Q1 U§.2! ~ $127.05 $224.27 $321.59 $418.77 $515.99 $613.24 95-Gallon Cart Service Pick-uos oer week Montblv Cb8l'2e * Franchise Fee Total Fee (Montb) 1 S 26.15 $ 2.62 $ 28.77 2 5 50.87 S 5.09 S 55.96 3 577.02 $7.70 S 84.72 4 5102.46 510.25 5112.71 5 5127.90 512.79 $140.69 6 5152.63 515.26 5167.89 *Tbese rates include collection and container maintenance fees. Note: The foregoing rates are based on $23.00 per ton ($1.54 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effedive October I, 1996. (D) The charges set forth above for mechanical containers and roll out carts eemmereial refuse eOBt&ÏBer serviee shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the City or provided by the City's Contractor shall be used. Section 14. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.71, "Payment and Billing", of the Code of Ordinances of the City ofDelray Beach, Florida, be, and the same is hereby amended to read as follows: SECTION 51.71 PAYMENT AND BILLING: (A) Comoensation: The City shall pay the Contractor compensation for the 16 ORD. NO. 47-96 performance of the Contract, the sums due as set forth in Section 51.70, subject to any conditions or deductions as provided under the Contract. Contractor shall submit an invoice by the 10th of each month for residential services rendered during the preceding month, and payments will be made to the Contractor within 30 days upon receipt and verification of the invoice submitted. Multi-family and commercial services will be billed directly by the Contractor in accordance with the Schedule of Rates set forth in Section 51.70, subject to any conditions or deductions as provided under this Agreement. (B) Billin2 Procedures: Billing arrangements for the various service types are summarized as follows: Service Type Customer Billed By Solid Waste Collection Residential City Commercial and Multi-Family Contractor Vegetative Waste Collection Residential City Recyclable Materials Collection Residential City Commercial and Multi-Family Contractor Container RentallPurchase and Container Special Services Residential City Commercial and Multi-Family Contractor On the first day of each month the Contract payment( s) for all services hereunder shall be adjusted to correspond with the occupancy of existing or new buildings, and the demolition of old buildings. The adjustment made on the first day of each month shall be for buildings either occupied or demolished during the second month preceding the adjustments..~ Ffor example, any change which is made on June 1 of any year will be for buildings occupied or demolished in April of the subject year. Any existing unit shall be considered unoccupied whenever the City has temporarily terminated water service, at the customer's request only. Any new unit shall be considered to be occupied when a certificate of occupancy has been issued and water service has been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued by the Building Department. (C) DisDosal Costs: Residential and multi-family solid waste disposal costs shall not be included with residential and multi-family collection service costs. Residential and multi-family disposal costs will be billed by the Solid Waste Authority of Palm Beach County by non-ad valorem assessment. The Contractor will be given a disposal credit for each residential unit as calculated by the Solid Waste Authority; however, the City shall not be responsible for disposal shortfall costs. 17 ORD. NO. 47-96 · Part of the commercial disposal costs will be billed by the Solid Waste Authority by non- ad valorem assessment. The non-assessment portion of the commercial disposal costs will be billed to the commercial customers by the Contractor. The Contractor shall pay the Authority for all solid waste disposal costs incurred and not paid through non-ad valorem assessment. All eommer~ial œstomers shall he servieet{ at least ORe (1) time per week for r~se aftEi reeyeling &Bd more ifeqøeøtly haset{ UpOR the amouRt ef reæse geaerated. 1\11 muki family æsteæers shall be servieed at least eRe (1) tiæe per ·.veek for r-eœse aftEi reeyeling. If the amoURt efFeÑse geaerated r-efluires mor-e the tY:Ð (2) times per ·.veek eeUeetien, theR the thirif (3rif) &Bd all suhseE(\ieBt eelleetioas shell he eharged the eemmer-eial ooUeetioR r-ate oaly. The Contractor shall bill commercial customers the appropriate fees as set forth in Section 51.70: (1) Container Monthly Maintenance Charge; (2) the Container Monthly Disposal Charge; and (3) the Monthly Collection and Hauling Fees with a fÌ'anchise fee as determined by the City added. The Contractor shall remit all fÌ'anchise fees to the City on a monthly basis. The City shall not be responsible for any disposal shortfall costs; however, the charge for disposal to the customer shall increase or decrease in accordance with the charges of the Solid Waste Authority. The Contractor shall bill multi-family customers the appropriate fees as set forth in Section 51.70: (1) Container Monthly Maintenance Charge; and (2) the Monthly Collection and Hauling Fees with a fÌ'anchise fee and administrative fee as determined by the City added. The Contractor shall remit all fÌ'anchise and administrative fees to the City on a monthly basis. The City shall not be responsible for any multi-family disposal shortfall costs. Section 15. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51. 72, "Method of Billing for Charges", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.72 METHOD OF BILLING FOR CHARGES. The regular monthly charges. for residential services as set forth in Sec. 51.70, or any additional charges for special, additional or unusual services shall be billed together with and as a part of the monthly statement issued by the City for water services, at the same time as all other charges~ provided that Qgarbage and trash collection service charges shall be itemized separately on that statement. However, the City's contractors shall bill the customers receiving meehaniøal eeRt&ÏRers &Bd eemmereial refuse eeRt&Ïner serviee multi-family and commercial service, as set forth in Sec. 51.70, the monthly service charges for that service.... wftieft This may include a late fee in the amount of 1.5% of the unpaid balance for delinquent accounts receiving meehanieal eeRtatøers and eommereial refuse oofttaiRer multi-family and commercial service~ hut that My delinEftleRt hills shall in the alternative he refefaèle to the City for ooUeetieR purStlaøt to the provisioas set ferth Ìft this ehapter. Section 16. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.73, "Delinquent Payments; Lien", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 18 ORD. NO. 47-96 Section 51.73 DELINOUENTPAYMENTS: LIEN. Any bill remaining unpaid for a period of thirty (30) days after rendition shall be delinquent. A late fee shall be assessed by the Qtt eeatreetar in the amount of 1.5% of the unpaid balance on delinquent customer accounts receiving residential selVÌce. æeehanieal eeataÎBers &:BEl øoæmereial r-emse eeataiBer s8fViøe ar tBe ooatr'Mitar may refer øelleetiaa to the City JM:H's1:1ant to the previsiaas set forth ia this œapter. If a delinquent bill is not paid, or a protest or appeal is not filed (and later processed in accordance, generally, with the procedures set forth in Sec. 52.51) within eighteen (18) days, the City ~ shall file a lien against the property and may pursue foreclosure of the lien;- as ia the ease ef a æertgage, as well as all other legal remedies available to it, the owner being responsible for all costs and attorney's fees. Section 17. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.75, "Person Billed for Water shall be Responsible for Charges", of the Code of Ordinances of the City ofDelray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.75 PERSON BILLED FOR WATER SHALL BE RESPONSIBLE FOR CHARGES. The person or company in whose name water selVÌces are billed by the City shall be considered and declared to be for the purpose of the enforcement of this chapter responsible for the payment of those fees, rates and charges therefore, except that whereiø no water selVÌce is rendered and collection service is requested or deemed necessary these fees shall be the responsibility of the owner or tenant of that property. All charges will continue whether or not the water meter is actually turned on or off and without regard to usage or occupancy, except when a customer requests temporary shut off of water services. Section 18. That should any section or provision of this ordinance or any portion thereot: 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 19. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 20. That this ordinance shall become effective immediately upon its passage at second and final reading. 19 ORD. NO. 47-96 · PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 1996. MAYOR ATTEST: City Clerk First Reading Second Reading ch51ord.tev 20 ORD, NO. 47-96 . . . COMMENTS FROM CITY COMMISSION REGULAR MEETING OF OCTOBER 15, 1996 11. Comments and Inauiries on Non-Aqenda Items from the Public - Immediatelv followinq Public Hearinqs. 11.A. City Manaqer's response to prior public comments and inauiries. In response to the concern expressed about the widening of Linton Boulevard between Military Trail and Congress Avenue and how it might affect the medians, the Ci ty Manager reported that the County has advised that the design plans for Linton Boulevard have not been done. The County is in the process of negotiating with the Lake Worth Drainage District for expansion within the drainage district right-of-way. The County will be cognizant of the landscape medians during this time and will make every attempt to preserve them. ) In response to the concern about boat speeds on the Intracoastal Waterway in the vicinity of the Linton bridge, the City Manager stated that the current speed restrictions in the City are slow speeds 5 to 7 miles per hour within 50 feet of each shoreline and 25 miles per hour the rest of the whirlwind including the channel. These speeds include manatee protection areas. In addition, the idle speed zones exist within one quarter mile of either side of the marina at George Bush Boulevard and the Delray Harbor Club. The idle speed zones were established for safety reasons related to fueling operations. Neither of these zones include the Linton Boulevard bridge or the route south of it. Establishment and enforcement of speed restrictions are under the jurisdiction of the Florida Marine Patrol. To establish new or extended speed restrictions, there must be navigational safety reasons such as fueling operations, intersecting channels, and room for visibility. A procedure has been established to request additional restrictions whereby the City Commission gets a resolution through the County to the Florida Department of Environmental Protection. The Marine Patrol, which is a division of FDEP, will evaluate the request for ultimate navigational safety. Since there do not appear to be sufficient safety issues to warrant additional restrictions, such a request would not be likely to receive a favorable recommendation. There are only four officers from the Marine Patrol that are assigned to patrol the Intracoastal Waterway between the south county line and the Port of Palm Beach. With so few officers, enforcement of existing restrictions is difficult. 11.B. From the Public. 11.B.1. Lillian Feldman, President of Delray Property Owners, asked the City to do something about the 'Clearbrook' sign that is located in the median on Homewood Boulevard right in the middle of the flowers. She feels it is inappropriate to have the sign interfering with the median plantings, and asked that the Clearbrook Association be notified that the median is public property and should not be used for their sign. 11. B. 2. Gerald DeFoe, President of Progressive Residents of Delray (PROD) and resident of Country Manors, invited everyone to attend PROD's meeting on Thursday, October 17th, 7:00 p.m., at the South County Governmental Complex. The guest speaker will be Dr. Joan Kowal, Palm Beach County Superintendent of Schools. Secondly, Mr. DeFoe stated that the traffic lights at (S. W.) 10th Avenue and 10th Street are up and working, and regulating the traffic quite well. He felt this to be a good example of how things can get done with everyone working together. Mr. DeFoe indicated that a card had been sent to County Commissioner Mary McCarty thanking her for her assistance in getting these lights installed. With respect to schools, Mr. DeFoe reported that PROD is working closely with the Palm Beach County legislative delegation in an effort to secure more funding for the County's schools, and particularly schools in and around the City of Delray Beach. Lastly, Mr. Defoe expressed concern about what he feels is misuse of the Special Activities District (SAD) zoning category by changes which are made to SAD's and the impacts on the City's Comprehensive Plan. 11.B.3. Jean Beer, 945 Tropic Boulevard, spoke concerning the proposed North Federal Highway redevelopment plan. She feels there are many more questions which need to be asked, especially concerning the Community Redevelopment Agency and the time frame for its existence. In the North Federal Highway plan, there is a reference to a botanical garden or park. Mrs. Beer stated there is no mention of any such thing in the City's Comprehensive Plan and therefore it is inconsistent with the master plan. Further, it appears that the CRA wants the rest of the taxpayers to not only pay for it up front, but also pay for the ongoing maintenance. She felt there should be an end date to this so that the rest of the taxpayers can get some benefit out of what has been done. Mrs. Beer asked if there was a figure to reflect the total cost of the amount of money both the City and the CRA have invested in the CRA area, or if anyone had done a cost benefit analysis to see if the actual increase in assessed value is worth the millions of dollars that have been put into it? Mrs. Beer further cautioned against the creation of a high density residential zoning category in conjunction with the North Federal Highway redevelopment plan. She does not see North Federal Highway as something that is critically in need of change as proposed by the CRA, and urged the Commission to ask more questions before voting on the matter. -2- · 11.B.4. Helen Coopersmith, 1222 South Drive Way, asked about the term of the cable franchise with Adelphia Cable Company. She commented that the service is very poor and asked if there was anything the City might be able to do? The City Attorney stated she thought the franchise agreement runs to the year 2004, but would have to check on it. She suggested Mrs. Coopersmith give her a call to discuss the matter further. 11.B.5. Alice Fins t, 707 Place Tavant, expressed concern over the High School boundaries for Delray Beach and feels there is a desperate need for a high school in the coastal area. She commented on the lengthy and sometimes convoluted travel that is involved for young people to get to and from their homes and the schools to which they are assigned. Mrs. Finst suggested that the City of Delray Beach approach the City of Boca Raton to see if monies could be put together for the purchase of land somewhere in the Federal Highway area for the construction of a high school to serve students living in the eastern communities. She felt this would be advantageous not only from a reduced travel standpoint, but also from the standpoint that children living in a community could then have the opportunity to attend school in the same place, thereby engendering a greater sense of allegiance to the community. Secondly, Mrs. Finst stated it is her understanding that the Delray Beach Tri-Rail station is proposed for closing and that the new station for Boca Raton and Delray Beach will be at the Knight Center property. There are a lot of people from Delray using the Tri-Rail, and she asked if the City might have any options or opportunities to try to keep the station open? Mayor Alperin suggested to Mrs. Finst that she take her suggestion to the City's Education Board as a first step for consideration. Mrs. Finst asked that she be notified of when the next meeting will be held and asked that she be added to the agenda for discussion of the item. 11.B.6. Van Brvant, resident, echoed Mrs. Finst's comments about the need to keep Delray Beach children in Delray Beach schools. He knows children in the same families in Delray who are going to four different high schools. He noted there is a proposal to have the Delray Full Service Center operate as a neighborhood school, but nothing has been done about it. Mr. Bryant feels that the children in Delray Beach are being bussed too frequently. He does not want to see any more new schools built that will result in more bussing. With the children being sent to so many different schools, it is difficult to build a sense of community and tradition and he feels that pride needs to be brought back to Delray Beach. -3- - With respect to the large parties and gatherings that have taken place recently, Mr. Bryant urged the Commission not to allow this type of thing to continue. -4- . . . 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer In response to the concern expressed last week about speeding on West Atlantic Avenue, the City Manager stated that the Patrol Division in the Police Department has been alerted and they will do some extra speed enforcement in that area. The City Manager commented that at the November workshop meeting there will be discussion concerning the finger canals in Tropic Isles. Based on the research that has been done so far, it is clear that the City has consistently taken the position that it is not the City's responsibility to maintain canals. With the advent of the stormwater utility, the City has sought to do more in terms of maintaining our drainage systems, and that is the way we look at canals such as the Hungerford, as part of the drainage system for a much larger area. 13.B. City Attorney The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Ms. Kiselewski Ms. Kiselewski had no comments or inquiries. 13.C.2. Mr. Ellinqsworth Mr. Ellingsworth had no comments or inquiries. 13.C.3. Mr. Randolph Mr. Randolph asked for a status report on the serviceability of the Pompey Park pool. 13.C.4. Mayor Alperin Mayor Alperin inquired about the paving around the storm sewer drains on the newly constructed segment of Lake Ida Road. There being no further business, Mayor Alperin declared the meeting adjourned at 8:30 p.m. -5- - . [IT' DF DE1RRY BERtH DElRAY BEACH , \ 0 t , 0 " bftd .. ::;c -,,':', ~.37 ,·\\;E~'~IJE . SE:"'MAY aE.~.C¡'-L FL,:'~,1DA 334..:1~ . ~07':243~72as All-America City , III I! October 21, 1996 1993 Maureen Turner 1012 Del Harbor Drive Delray Beach, Florida 33444 Dear Ms. Turner: In response to your inquiry at the October 1, 1996 City Commission meeting concerning the allowable speed for boats in the vicinity of the Linton bridge on the intracoastal waterway the City staff did contact the appropriate state agencies. Enclosed is a copy of a memorandum explaining what we learned through our contacts. If you have additional questions or would like to discuss this matter further, I would suggest that you call Mr. John Walker directly. You can reach him at 243-7321. Sincerely, I r- I I I '\~' ==--~\-~-~"..- j--"'Z..,~,"t--;"'... ./ . David T. Harden ~ City Manager DTH/dr Enc!. Maureen.1tr waterway speeds ,---.. 7:~E t::::F0RT ALW.4,YS MATTt:nS {~'~'J(Jt~o .....'!"I .A'::tc lCf!!(1 P IDttr -. ., p;ot. PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: David ~ty Manager Diane D . . :ng ·~z~~~W~g and Zoning OCft 5 1996 THRU: CITY MHI~"r:'"' n¡:FIr,f rr' ^ FROM: John Walker, Project Coordinator .' ú¿é/!]:-- DATE: October 10, 1996 SUBJECT: COMMENTS FROM THE PUBLIC OCTOBER 1,1996 CITY COMMISSION MEETING This refers to the comments by Ms. Maureen Turner relative to speed restrictions in the Intracoastal Waterway. Current speed restrictions in the City are: . Slow speed (5-7 miles per hour) within 50 feet of each shoreline. . 25 miles per hour in the rest of the waterway, including the channel. The above are manatee protection areas. In addition, idle speed zones exist within one-quarter mile either side of the marina at George Bush Blvd., and the Delray Harbor Club. The idle speed zones were established for safety reasons related to fueling operations. Neither of these zones include the Linton Blvd. bridge or the reach south of it. Establishment and enforcement of speed restrictions are under the jurisdiction of the Florida Marine Patrol. To establish new or extended speed restrictions, there must be navigational safety reasons such as fueling operations, intersecting channels, and limited visibility A procedure has been established to request additional restrictions, whereby the City Commission could send a resolution through the County to the Florida Department of Environmental Protection (FDEP). The Marine Patrol (a division of FDEP) would evaluate the request relative to navigational safety. Since there do not appear to be sufficient safety issues to warrant additional restrictions, such a request would not be likely to receive a favorable recommendation. In confirming the above information with the Marine Patrol, an additional fact came to light. There are only four officers to patrol the Intracoastal Waterway between the south county line and the Port of Palm Beach. With so few officers, enforcement of even the existing speed restrictions is difficult. S:\adv\FMP1 - vUCJHO í1Y</! CITY OF DaRAY BEAC~t3 TO: City Manager DATE: 10/24/96 FROM: ' 11n1l Al~son Harty \.,.. SUBJ: Inquiry re boat speeds on ICW Maureen Turner called me yesterday about her 10/1/96 inquiry on boat speeds on the Intra- coastal Waterway, especially in the vicinity of the Linton Blvd. bridge (copy attached) . I explained to her your response at the 10/15 meeting and faxed her a copy, also attached. She did not attend that meeting. She wasn't very satisfied and kept insisting that all we had to do was put up signs to indicate 'slow speed'. Maybe you could pass this on to whomever checked the item out. Perhaps a phone call from that individual to Ms. Turner might help her to better understand the situation. Her telephone number is 274-4665. Thank you. /I /C -~ ¿.~'"- ~~~ t<-j;?7.:I ",1 Q' J ,../. / - Î ~ . ¡; ,/, v <' '-', .;?'-! ~ If, ~ , ~ ~" .' OCT 24 1996 CITY!\.14M"0r:-",,, ~(J'C, : . . f)ÇÇ/CE r:k~~ ,t2L¿ tL--t:f:¡:¿ e-kcG ft-'W,u , - ~) ~~ ~t' ~ y · COMMENTS FROM CITY COMMISSION REGULAR MEETING OF OCTOBER 1, 1996 11. Comments and Inauiries on Non-Aaenda Items from the Public - Immediatelv followina Public Hearinas. 11.A. Ci tv Manaaer's response to prior public comments and inauiries. None. 11.B. From the Public. 11.B.1. Lillian Feldman, President of Delray Property Owners, referred to recent news articles in both the Sun Sentinel and The Mondav Times concerning the prospective widening of ~inton Boulevard between Military Trail and Congress Avenue. She asked how this would be done since there does not seem to be enough room for any widening. She further stated she hopes there are no plans to widen by eliminating the medians. If that is the case, Mrs. Feldman stated there would be vehement opposition from residents in the area. 11..B.2. Maureen Turner, who resides east of the .1ntracoastal Waterway and south of the Linton Bridge, expressed concern about boats speeding on the Intracoastal Waterway in the area under and south of the Linton Boulevard bridge during both daytime and evening hours. She felt that these boats, including jet skis, present a very dangerous situation. She recently witnessed two boats going around in circles on the water directly under the Linton Bridge at excessive speeds which almost hit her dock and nearly collided with another boat. In addition, manatees have been seen in this area and this type of boat activity is a danger to their safety. Ms. Turner strongly urged that fiNo Wake" or "Idle Speed Only" signs be posted on the bridge, and signs should also be placed further south on the Intracoastal Waterway. After contacting the Florida Marine Patrol, she was told that they do not have jurisdiction. She also contacted other agencies and was told the same thing, so she is appealing to the City Commission for help. Mayor Alperin asked Ms. Turner to leave her telephone number and address with City staff. A response to her concern will be available at the next regular meeting. 13. Comments and Inauiries on Non-Aaenda Items. 13.A. City Manaaer With respect to the issue of )fus shelters, Mr. Barcinski reported that staff had contacted Wayne Speight, Special Projects Coordinator with Palm Tran, about the status of funding for shelters. Mr. Speight has responded that Palm Tran ITlt:.r'¡Ut-<Y TRANSM I SS I ON REPORT . . TIME : OCT 23 '96 12:29 TEL NUMBER : +4072437166 , NAME : CITY OF DELRAY BEACH TIME DURATI ON PGS TO DEPT NBR MODE STATUS NBR FILE DATE 12:28 00/56 1 305 427 1333 G3 M OK 785 12 OCT. 23 . ... W~:. c£::y~,~ ~- Ck; ~ COMMEN'l'S JlROM CITY CQKNISSION UGULAR ~BTING O~ OCTOBBR lS. 1996 1L Cet--n1:ø ,Dd Incruirie. on !fon..A9enda Items from the Publi~ - ~Mmediately following Public Bearinge. 11.A. Ci tv Manac::rer' ø reS'Donøe to Drior Ðublic o'--ents and. inauiries. In response to the concern expressed about the widening of Linton Boulevard between Hili tary Trail and Congress Avenue and how it might affect the medians, the City Manager reported that the County has advised that the design plans for Linton Boulevard have not been done. The County is in the process of negotiating with the Lake Worth Drainage District for expansion wi thin the drainage district right-of-way. The County will· be cognizant of the landscape medians during this time and will make every attempt to preserve them. I In response to the concern about boat speeds on the Intracoastal Waterway in the vicinity of the Linton bridge, the City Manager stated that the current speed restrictions in the City are slow speeds 5 to 7 miles per hour within SO feet of each shoreline and 2S miles per hour the rest of the whirlwind including the channel. These speeds include manatee protection areas. In addition, the idle speed zonee exist within one quarter mile of either side of the marina at George Bush Boulevard and the Delray Harbor Club. The idle speed zones were established for safety reasons related to fueling operations. Neither of these zones include the Linton Boulevard bridge or the route south of it. Establishment and enforcement of speed restrictions are under the jurisdiction of the Florida Marine Patrol. To establish new or extended speed restrictions, there must be navigational safety reasons such as fueling operations, interseoting channels, and room for visibility. A procedure has been established to request additional restrictions whereby the City Commission gets a resolution through the County to the Florida Department of Environmental Protection. The Marine Patrol, which is a division of FDEP, will evaluate the request for ultimate navigational safety. Since there do not appear to be sufficient safety issues to warrant additional restrictions, such a request would not be likely to receive a favorable recommendation. There are only four officers from the Marine Patrol that are assigned to patrol the Intracoasta.l Waterway between the south county line and the Port of Palm Beach. With so few officers, enforcement of existing restrictions is difficult.