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11-05-96 Regular . DElRW BEACH . I.' A CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~ All. America City NOVEMBER 5, 1996 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. 'IIII' 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 l. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations) . The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting November 5, 1996 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of October 15, 1996 6. Proclamations: None 7. Presentations: A. Distinguished Budget Presentation Award for 1996 from the Government Finance Officers Association (GFOA) . B. Exemplary Service Records Status awarded to the Fire Department by the State Department of Health and Rehabilitative Services, Office of Emergency Medical Services. C. Pineapple Grove Main Street, Inc. - "Grow With the Grove" 1996 membership campaign. D. Update on Tennis Center activities and plans (Brahm Dubin) . 8. Cons en t Agenda: City Manager recommends approval. A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions related to the Northwest Reuse System project as approved by the SCRWTD Board at its meeting of October 17, 1996. B. FINAL PLAT APPROVAL/LA SEDONA: Approve the final plat for La Sedona, a proposed 66 lot patio home subdivision. The property is located on the west side of Military Trail, approximately 2,800 feet north of Atlantic Avenue, and contains 11.61 acres. C. ACCESS AGREEMENT FOR TATE/SNED PROPERTIES: Approve an access agreement for the establishment of suitable access to the -2- Regular Commission Meeting November 5, ~996 Sned/Tate properties north of Atlantic Avenue in the vicinity adjacent to Temple Sinai. D. AGREEMENT WITH LIFEFLEET/AMBULANCE SERVICE FOR HIGHLAND BEACH: Approve an agreement between the City and LifeFleet Atlantic Ambulance for the purpose of establishing coverage, ambulance response policy and reimbursement for services in the Town of Highland Beach. E. ACCEPTANCE OF BLOCK GRANT/BUREAU OF JUSTICE ASSISTANCE: Accept a $~70,524 local law enforcement block grant from the Bureau of Justice Assistance, and approve the City's match of $~7,052.40, from Police Support Division - various accounts, through budget transfer from 00~-0000-30~-~0.00 and 00~-0000-33~-69.00. F. ACCEPTANCE OF EASEMENT DEED/RAINBERRY LAKES: Accept an easement deed from Rainberry Lakes Homeowners Association, Inc. for a utility easement located in the common area of Rainberry Lakes for the purpose of installing utility main extensions in conjunction with the construction of the Alzheimer Care Center. G. SERVICE AUTHORIZATION/DAVID PLUMMER & ASSOCIATES: Approve a service authorization in the amount of $~4,900 with David Plummer and Associates for consultant services relating to the Transportation Eleme~t of the Comprehensive Plan. H. CHANGE ORDER #~ AND FINAL PAYMENT /ATLANTIS ENVIRONMENTAL ENGINEERING. INC. Approve deduct Change Order #1 in the amount of $4,050.00 and final payment in the amount of $3,378.40 to Atlantis Environmental Engineering, Inc. for their work on the Water Treatment Plant pipe gallery repainting proj ect, with funding from 441-5143-536-46.10. I. REALLOCATION OF FY 1997 ANTI-DRUG ABUSE ACT GRANT FUNDS: Approve the reallocation of FY ~997 Anti-Drug Abuse Act Grant funds in the amount of $188,126 as recommended by the Criminal Justice Commission, and authorize letter approving the distribution of these funds. J. RESOLUTION NO. 79-96/PROPOSED UTILITY TAX NOTES: Adopt a resolution authorizing the issuance of $3,300,000 Utilities Tax Revenue Bonds, Subordinate Series ~996, for the purpose of financing the City Hall Envelope Project, the Golf Course Clubhouse expansion project, and improvements to the Lakeview Golf Course Clubhouse as necessaryi approving and authorizing a line of credit agreement with SunTrusti and for other purposes. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period October 14 through November 1, ~996. Å -3- Regular Commission Meeting November 5, 1996 L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Metron Farnier via the City of Melbourne bid for the purchase of 47, 3" and 4" water meters as part of the large meter change out program, replacing the old water meters with high accuracy meters, in the estimated amount of $72,270 from 442-5178-536-61.81. 2. Bid award to A&B Pipe and Supply via City of Boynton Beach bid for the purchase of fire hydrants, at an estimated annual cost of $13,995.78 from 442-5178-536-61.77. 3 . Bid award to Environmental Systems, Inc. for the purchase of an ozone generator to be used for odor control in the wastewater system, in the amount of $15,300 from 441-5161-536-64.90. 4 . Purchase award to Motorola C & E, via Palm Beach County School Board Contract #SB966-139J, for the purchase of twenty (20 ) replacement radios for the Police Department at a total cost of $19,467.80 from 001-2113-521-64.90. 9. Regular Agenda: A. AGREEMENT FOR FINANCIAL ADVISORY SERVICES/PUBLIC FINANCIAL MANAGEMENT, INC. : Consider renewal of our agreement with Public Financial Management, Inc. for financial advisory services. B. COASTAL CONSTRUCTION CONTROL LINE (CCCL) IN PALM BEACH COUNTY: Consider the concept of delegation of authority and funding for the CCCL in Palm Beach County. C. REOUEST TO DEED PROPERTY TO CITY IN EXCHANGE FOR RELEASE OF LIENS: Consider a request to deed property at 516 N.W. 1st Street to the City in exchange for release of nuisance liens in the amount of $13,226.12 at 911 N. Federal Highway. D. SPECIAL EVENT REOUEST/HOLIDAY PAGEANT PARADE: Consider a request from the Chamber of Commerce on behalf of the Delray Beach Jaycees for special event approval for the Annual Holiday Pageant Parade on December 14, 1996, including temporary use permit, staff support, and consideration of a partial waiver of overtime costs. E. CONTRACT ADDITION (C.O.#l)/INTERCOUNTY ENGINEERING, INC. : Consider a contract addition (C.O. #1) in the amount of $325,465 and 120 calendar days to Intercounty Engineering, Inc. for the Lift Station Rehabilitation project, with funding from 442-5178-536-61.83, through budget transfer from 63.90. F. CONTRACT ADDITION (C.O. #l)/LANZO LINING: Consider a contract addition (C.O. #1) to Lanzo Lining via Metro Dade contract for sanitary sewer rehabilitation for FY 1996/97 in the budgeted amount of $200,000 from 442-5178-536-61.84. -4- Regular Commission Meeting November 5, 1996 G. CONTRACT ADDITION (C.O. #l)/PIPE-LINER INSTALLERS. INC. : Consider approval of a contract addition (C.O. #1) in the amount of $13,017.57 and an additional 30 calendar days to Pipe-Liner Installers, Inc. for miscellaneous improvements to the North Water Reservoir, with funding from 440-0000-361- 10.00}. H. CONTRACT ADDITION (C.O. #l)/MURRAY LOGAN CONSTRUCTION. INC. : Consider approval of a contract addition (C.O. #1) in the amount of $105,006.30 and 60 days additional time to Murray Logan Construction, Inc. for construction of a watermain extension along Seaspray Avenue and Waterway Lane, west of Andrews Avenue, with funding from 442-5178-536-61.78. I. BID AWARD/GREER TILE COMPANY: Consider approval of a bid award in the amount of $14,965 to Greer Tile Company as lowest responsive bidder ( second low bidder) for floor tile replacement at the Community Center, from 115-0000-248-03.00 J. REJECTION OF BIDS/ELEVATED STORAGE TANK REHABILITATION: Consider rejecting all bids received for the elevated storage tank rehabilitation, and authorize staff to revise the specifications and re-bid the project. K. CHARLIE BROWN V. CITY /OFFER OF SETTLEMENT: Consider an offer of settlement in the referenced matter. L. APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE (RESOLUTION NO. 80-96) : Appoint a member to the Affordable Housing Advisory Committee to fill an unexpired term ending March 31, 1997, and adopt Resolution No. 80-96. The appointment will be made by Commissioner Ellingsworth. 10. Public Hearings: NOTE: Items 10.A.l thru 10.A.4. all pertain to some aspect of the proposed redevelopment plan for North Federal Highway. Item 10.A.l., adoption of the plan, does not require a public hearing. Item 10.A.2., Ordinance No. 51-96/Comprehensive Plan Amendment 96-lA, does not require a public hearing until second reading scheduled for November 19, 1996. Nonetheless, we have scheduled them for consideration at this point on the agenda because they are so closely related. A.1. North Federal Highway Redevelopment Plan. Consider adoption of the proposed redevelopment plan for the North Federal Highway corridor. A.2. ORDINANCE NO. 51-96 (FIRST READING) : An ordinance adopting Comprehensive Plan Amendment 96-1A which includes: 1. Comprehensive Plan Text Amendment related to the North Federal Highway redevelopment area, including changes to the description of the North Federal Highway area, and changes to the General Commercial land use category -5- Regular Commission Meeting November 5, 1996 allowing certain light industrial uses in a portion of the North Federal Corridor. 2. Comprehensive Plan Text Amendment creating a High Density Residential (12-18 units per acre) Future Land Use Map classification for use in areas of the City proposed for redevelopment. 3. Future Land Use Map Amendment from Medium Density Residential (5-12 units per acre) to High Density Residential (maximum of 18 units per acre) for the Yake property, located on the west side of the Intracoastal Waterway, generally between Allen Avenue and Lake Avenue South. A.3. ORDINANCE NO. 52-96 (FIRST READING AND FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations by enacting Section 4.4.8, "High Density Residential (RH) District", allowing densities of up to 18 units per acre in limited areas of the City, subject to conformance with specified performance standards. If passed, a second public hearing will be scheduled for November 19, 1996. A.4. ORDINANCE NO. 53-96 (FIRST READING AND FIRST PUBLIC HEARING): An ordinance amending LDR Section 4.4.9, "General Commercial (GC) District", and Article 4.5, "Overlay and Environmental Management Districts", to provide for the North Federal Highway Overlay District, allowing for certain light industrial uses. If passed, a second public hearing will be scheduled for November 19, 1996. B. ORDINANCE NO. 46-96: An ordinance amending LDR Section 4.6.9, "Off-Street Parking Regulationsn, by adding parking lot dimension details, striping details, reducing guest parking requirements I amending compact car marking details and other minor modifications to related sections. C. ORDINANCE NO. 47-96: An ordinance amending Ordinance No. 33-96 enacting Chapter 51, nGarbage and Trashn I of the City Code to add and delete certain definitions; to provide that Spanish Wells Condominium shall receive reardoor / sidedoor service and that High Point shall receive curbside disposable bag service with centralized vegetative and bulk pickup; providing a rate for High Point subdivision; 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. 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. -6- Regular Commission Meeting November 5, 1996 B. From the Public. 12. First Readings: A. ORDINANCE NO. 48-96: An ordinance rezoning a parcel of land from GC (General Commercial) to CF (Community Facilities) for Greater Mount Olive Missionary Baptist Church. The subject property is located on the east side of N.W. 5th Avenue, between Atlantic Avenue and N.W. 1st Street. If passed, a quasi-judicial/public hearing will be held November 19, 1996. B. ORDINANCE NO. 49-96: Future Land Use Map Amendment from County MR-5 (Medium Density Residential 1-5 units per acre) to City Low Density Residential 0-5 units per acre, and annexation with initial zoning of CF (Community Facilities) for the Rosacker property, located on the west side of Gallagher Road at the end of Brady Boulevard. C. ORDINANCE NO. 50-96: An ordinance amending LDR Section 4.5.1, "Historic Preservation Sites and Districts", by enacting a new subsection 4 . 5 . 1 (M) , "Tax Exemption for Historic Properties", to allow for a tax exemption for certain improvements. If passed, public hearing November 19, 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 - NOVEMBER 5. 1996 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: ADD ITEM S.L.S. TO THE CONSENT AGENDA: Purchase award to Hansen Information Technologies, Inc. for utility operations, maintenance and inventory management system software, in the amount of $60,490 from various Division Software Accounts No. 66.10. '''f{ ~ CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 5. 1996 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: ADD ITEM 7.A.A. TO THE PRESENTATIONS Certificate of Achievement for Excellence in Financial Reporting for 1995 from the Government Finance Officers Association (GFOA). ADD ITEM 12.D. TO THE FIRST READINGS ORDINANCE NO. 55-96: An ordinance amending Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", of the City Code to add and delete definitions; to provide that Spanish Wells condominium shall receive rear door/side door service; to provide for Country Manors, Imperial Villas and High Point subdivisions to receive centralized vegetative waste and bulk trash pick-up; clarifying that vegetative waste may not be placed in roll-out carts; clarifying the use of mechanical containers, the disbursement of recycling containers, and lawn maintenance and landscaping companies disposal sites; stating the times permitted for placing garbage receptacles at curbside; clarifying that roll-off compactor units and containers that service residential or multi-family units are included under the franchise agreement. - ,../ (//\' ,j/1 - (,/ j --- --- --- ~-- OCT 1 6 1996 --- -~- -~- GOVERNMENT FINANCE OFFICERS ASSOCIATION CITY MAr.J/I~~~''''' ()~FICE 180 North Michigan Avenue, Suite 800, Chicago. Illinois 60601 312/977-9700 . Fax: 312/977-4806 October 9, 1996 Mr. David T. Harden City Manager City of Delray Beach 100 N,W. First Avenue Delray, Florida 33444 Dear Mr. Harden: I am pleased to notify you that the City of Delray Beach, Florida has received the Distinguished Budget Presentation A ward for the current year, from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. When a Distinguished Budget Presentation award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: Linda Turnage, Budget Administrator We hope you will arrange for a formal public presentation ofthe award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's Budget Awards Program. Through your example, we hope that other entities will be encouraged to achieve excellence in budgeting. Sincerely, ~/~ Jeffrey L. Esser Executive Director JLE/af Enclosure WASHINGTON OFFICE 1750 K Street. N,W.. Suite 650. Washington. DC 20006 202/429-2750 . Fax: 202/429-2755 7A 10/21/96 13:02 5"407 243 7461 DELRAY BCH FIRE ~002 '/ J:" . '7'-~ ~ [(IJ...~l STATE Or rLORIDA UEF"l\.RTMENT OF llEALni AND REIIAJ3IL1TATIVE SEHVICES Of-FieF. O~ EMEHGENCY MEDICAL SEHVICES October 8, 1996 Doug Trawick, Chief Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, Florida 33444 Dear Chief Trawick: Our office's compliance monitoring unit conducted an announced site visit of your service on August 14, 1996, The review revealed no significant deficiencies during the inspection of your service records and facilities. Your response to our inspection is now completed. Because there were no significant deficiencies, your service IS awarded EXEMPLARY RECORDS STATUS by the State EMS office, This award recognizes services and individuals who demonstrate outstanding service to their community through the excellent condition of their vehicles and/or records. The condition of your records reflects true commitment and dedication to serving the citizens and visitors of the state, Congratulations for achieving this status. Please extend our congratulations to your staff for their contribution to the exemplary status of their records. You will be recognized in the forthcoming State Office Report which is distributed at the quarterly EMS Advisory Council meetings. This is our way of notifying your peers in the EMS community of your achievement. I encourage you to share your successful methods with other providers. Please note that the policy initiated in 1994, where services that achieved an exemplary status were inspected less frequently, has been rescinded. As of July 1, 1996, frequency of inspections is not related to achievement or nonachievement of exemplary status. Sincerely, &fft!~ Director x:FL4 Enclosure ,. Exemplary Records Certificate 20(J~ D OLD ST, ^U<.iUSTINE ROAD, TALLAIIASSEE. I"L 32301 - 48HI PIIONt:: n04,4-87,1911 FAX Q04.4HH ~51~ rr8 -- L^W-IUN CI1ILI.::o., (.iLlvLIIN(>r. 10/21/96 13003 '6'407 243 7461 DELRAY BCH FIRE III 003 , . . --- - ~ ~ == ~ ~ ~ ::: 'Cl ~ Q\ \oJ \J ~ Q'\ e"-il ........ ~ ~ ~ t ~ a .. "E ~ ~ ~ ~ .... ~ ~ ~ ~ ~ ~ 1=.1 ;. ~ ~ .... -"-il ...... --- ~:s .... ~ ~ ~ ~~ C:I ~ . ..... .... \J ~ ~ ~ .... :::= ........ ~ Q e"-il ~ ~ ~ ~ ~ ~ It \I ~ ~ ~ iI ~ ~ ~ ..s:: ~ ~ ~ ~ ~ .; ~ ~~ ~ ~ ~ .... ~ a;;. . ..... ~ ... ~ s ~ . l:) =: ~ .- ~r;;: ~ . ..... - ~ .... ~ ~ :-.. ~ ~ ~ ...:: ~ ~ ~ ~ S t:t r}J ~ ~ ~ ~ ~ ~ ~ E ~ ~ ~ ~ ~ ~ Q "'- ~ ~ I: ,.S! ~ ~ ~ ~ s ~ ~ (,J .~ .... ~ ..:: ~ ~ ~ ~ ~ .... ~ ~ ~ ~ ~ ~ . , ,/ - i/j!\ , c?v~ . PiteappeGroveMailSlmt,Joc 187 Pineapple Grove Way Delray Beach, FL 33444 Phone 561-279-9952 Fax 561-279-0108 .......................... .........,.. ...... .......................... ..........,. ..... Memorandum Date: 10/11/96 To: David Harden, City Manger Via Facsimile Transmission City of Delray Beach From: Tom Fleming, Program Manager Pineapple Grove Main Street, Inc. RE: Request to appear before City Commission ............ ~#~~~K~~,cept this memorandum as our request to appear before the City Commission @#.#.iNRregular meeting on November 5, 1996. Our purpose is to make a special p.~~#ffi#~n to the Commission in connection with our upcoming Grow With The ~f~~f:::~Gp6 membership campaign scheduled for November 13th, 14th, and 15th. pij#.M#iie three-day, over 70 volunteers will engage in a telephone campaign offering #W#.i.~~tships in Pineapple Grove Main Street, Inc., to the local business community. A g~fdeal of planning, preparation, and promotion of the event is underway on the part 8t'many additional volunteer supporters of the efforts to revitalize Pineapple Grove. New members add considerably to the vitality of the program and the private sector's funding of our operating budget. Our presentation to the Commission will serve to enhance the community's awareness of our program and, in particular, the upcoming membership drive. The Commissioners' continued support will be specially acknowledged and each Commissioner will receive honorary membership recognition. We will limit the time of the presentation to 3 minutes (or as you might otherwise direct) and will plan to appear at the time on the agenda nonnally set aside for such matters. Thank you in advance for your consideration of this request and, as always, for your continuing support. TFF '7~ 07/19/96 1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER rJ;/l1 SUBJECT: AGENDA ITEM # i.A. - MEETING OF NOVEMBER 5. 1996 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS DATE: NOVEMBER 1, 1996 This is before the Commission to ratify various actions relative to the Northwest Reuse System project. These items were apporoved by the South Central Regional Wastewater Treatment and Disposal Board at its meeting of October 17, 1996. . Expend $69,600 from sinking fund for alternates A5 and A6 of John J. Kirlin, Inc. of Florida contract for Northwest Reuse System-Treatment. . Enter into contract with John J. Kirlin, Inc. of Florida in the amount of $4,510,000 for Northwest Reuse System- Treatment (Contract A) for base bid and alternates A1, A2, A3, A5, A6, A7 and A8 ($4,440,400 Capital Projects and $69,600 sinking fund). . Authorization for the Executive Director to disburse to the developer of the Isles of Hunters Run $60,000 for obtaining the easement through the development. . Enter into contract with Ric-Man, Inc. for Northwest Reuse System-Transmission in the amount of $2,418,310 (Capital Projects) . Recommend ratification of the actions taken by the South Central Regional Wastewater Treatment and Disposal Board on October 17, 1996. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue. Delray Beach, Florida 33445 ROBERT J. HAGEL Telephone Executive Director (407) 272-7061 (407) 734-2577 Fax: (407) 265-2357 MEMORANDUM TO: City Clerk, Delray Beach ~/ / FROM: Mary Ann Shumilla ty.. DATE: October 18, 1996 RE: RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Quarterly Annual Meeting of October 17, 1996 which require signatures. Would you please place these on the Agenda for your next Commission meeting. Would you please contact me at 272-7061 when the Ratifications are executed. Thank you. RECEIVED 1c>1~3Iq" CITY CLERK . RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 17, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 17, 1996, by a vote of 7-0, approve Authorization to Expend $69,600. from Sinking Fund for Alternates A5 & A6 of John J. Kirlin Contract for Northwest Reuse System- Treatment. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 17. 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 17, 1996, by a vote of 7-0, approve Authorization to Enter into Contract with John J. Kirlin, Inc. of Florida in the Amount of $4,510,000. for Northwest Reuse System-Treatment (Contract A) for Base Bid and Alternates A 1, A2, A3, A5, A6, A7 & AS ($4,440,400 Capital Projects and $69,600 Sinking Fund). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 17, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 17, 1996, by a vote of 7-1, approve Authorization for the Executive Director to Disburse to the Developer of the Isles of Hunters Run $60,000. for Obtaining the Easement through His Development. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney . ' RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF .:W8Y8-T 23, t9~6 (XrP8t:=/f 17; nqft/ b- WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 77, 7996, by a vote of 7-0, approve Authorization to Enter into Contract with Ric-Man, Inc. for Northwest Reuse System- Transmission in the Amount of $2,478,370 (Capital Projects). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {rt0 SUBJECT: AGENDA ITEM # 8 {j . - MEETING OF NOVEMBER 5. 1996 FINAL SUBDIVISION PLAT/LA SEDONA DATE: NOVEMBER 1, 1996 This is before the Commission to approve the final plat for La Sedona, a proposed 66 lot patio home development. The subject property is located on the west side of Military Trail, approximately 2,800 feet north of Atlantic Avenue and contains 11.61 acres. The plat was reviewed and approved by the Planning and Zoning Board at the March 18, 1996 meeting. All applicable permits for the project have been obtained. Recommend approval of the final plat for La Sedona. Agenda Item No. !6. AGENDA REOUEST Date: October 31, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 5, 1996 Description of item (who, what, where, how much) : Approval of final subdivision plat for the La Sedona. All applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YE~RAFT ATTACHED YES~ Recommendation: Staff recommends approval of the final subdivision plat for La Sedona. ~ Department head Signature'~~ -- (0 -;'1-9(, 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: M Approved for agenda: ~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DB:gm File: TAC AG1105.DOC DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden ~ City Manager FROM: ~ Dan Beatty, P.E. City Engineer DATE: October 31, 1996 SUBJECT: Final Subdivision Plat La Sedona Attached is an agenda request for Commission approval of the final subdivision plat for La Sedona. The subject plat consists of 66 patio home lots and was previously approved by the Planning and Zoning Board at the March 18, 1996, Planning and Zoning Board meeting. All applicable permits for the project have been obtained. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the November 5, 1996, Commission meeting for Commission approval. DB:mm attachment cc: Claire Lyte- Grahm, Planner File: La Sedona AG723MEM.DOC l" l" ;".;~ ~ ~ if!i'~ >!~~ ij!llll!~Hr~ ~H[li r ~ ~i~ a a a Q. ~=T~>;tT.",Q.=.M-.-;~ ~:.1i3. ?1IC-g~ (; !'P3Hi;;f !.if:P~;;f 0 g~!>,a' b !l!,OII!>'a' ~~l! ~ g J!I~l! 'Ill. .r~!,,:lfo" lIil"r-:: "f2.!,F > !Ff~!Io.!<i~ !F3;:1". a i"'~ ll. =- o."'ll'OUlll. a~ ,g 1I i;!!.;: ril'il';:~'U :;a-f a.alw(O ~_!F~ ::t ~!nilH ~Ii I U I fiH~ f i...in!~ ~ii ~ ~ ~fi~ !f :;!~~~~!ii ~~~~~; ii h; ~ ~- -.~"'5' l!. g .0",- - "".. _ I:,..-! g i~"'-I- '2. 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Is H !t f. fit (J) ~ jIil H i i I. ~ l ij Wl ji 1:!11~ i1i ~ ;1 ~~~'I'I~ ~ l!~ it il" i "I-11th i fill;1 ~ fT1 I ~~ I ~II ~~~~ l ~ hi! .. 1 ~ ~ 1 f &! - -; $;0: SliD!.. r! fl l' ! ~t I i!! lll~il! ...... Go> - tv ; ~; II ~~I ~:i II i! a f I'::i g {~i 0 .. I ~I ~~ ;1 P If" II ." ~ Jtll t - l'V i~ . . ( 1\ 1-'n1 1 ,l... '- ' [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE :-.t :', . Ulc1f,Xi bEACH, FLC1l<lDA 33H4 F.\( Lei LJ~':;.' <, " Writer's Direct Line: (407) 243-7091 DELRAY BEACH f lOR t 0 A tw:e.d MEMORANDUM AII.America City "II'! DATE October 31, 1996 City Commission 1993 TO: FROM: Susan A. Ruby, City Attorney SUBJECT: Access Agreement Across Property Owned by Tate The Agreement provides for the establishment of suitable access to the properties north of Atlantic to the property north of Owens Baker Road, in the vicinity adjacent to the Temple. Mr. Sned will deed to the City property to the west of the Temple for right-of-way purposes in order that the right-of-way, in conjunction with the right-of-way already obtained by the City from the Temple, will equal 60 feet. The City will receive through platting, the necessary dedications for appropriate access to the City's water tank. Aurora will design and construct a road and culvert over the bridge. Tate will provide access over his property to the north connecting Mr. Sned' s property. The City will vacate any interest in Davis Road subject to LWDD canal maintenance and City utility easements. By copy of this memorandum to David Harden, City Manager, please place this matter on the City Commission November 5, 1996 agenda for City Commission approval. If I have the revised agreement on Friday, I will have it sent over to include in the agenda packets, if not, I will have it delivered as soon as it is received to the Commissioners. ~ Ifl fYjuJbft- ~ SAR:ci Enclosure 01~ 9 MI. ~ <Y cc: David Harden, City Manager Alison MacGregor Harty, City Clerk ().JY ,~:::;:;:: ptft~ ) sned2.sar ~ {.$~ 6/0 /90 111-5 f.C. @ I ,JIIIII I I II \ I I ~~ LAKE IDA 1'\ '- II I 1./ I I 0"'0 ~ I I I I ~ _ /" _ >-~NllUJl llllM .....V ^ ~ _il ~ . -f- f- -!-'" -- ~if9 0llM - - DQJ'lIIl ~- -r-- I 1 f / I l1ct~ _ -r- -- '- hi I I ~ I rr-o I~~ ~ v. ')---..... - ~ - - \ _ ~ r , ' '. !rAY I __.J l-LJ DalSON IlAY- I I I I T III I I I boA EIW. .w. , . _ I I ~ /,~ I I't- 17- I --- - - ti:l'4 _7 CLJ I, -......r:: 1 1fn II I ~rJ!jLll.' _ w - =, G-<- ~ 1 I ::J ~ &~ J f Z ~ ~ - ~ ,/ .--::J "] /l ~ - ~ II -:'= = f I 1.1 DCH 'Wj - ..~~<- I VI = ~ ~ I ~ - ~ -, ~ o ./"'- O HIClH I"aMl CQ/llT ~" I 11.1 I I I ./ 1 /" 0 Ctlt'/R~~ fUKllT ~ .....YAI~ - U I I \.-- - ~ 8 ' r /- I I yf-- ./ ! '\. - /" 1/ l' :ACf: 'IUT J"IlIYA~ HIClH I'OHT TtJlllL ~ -Ill 1 ,/' v {;iY - PtWi MUVMIl - - ~ - t:j v-::::: 4' ~i-! ~ # =~I~1>/ /V/, L , ~ ~ .- - ('/4 N ~ ~~~- ~~~ - 2 ~ r\- \ ~ I " -- N1IC _____ ~ _.4'~ _ _ - A T L A __ <p".?tT"' I ) ~ t . HV29/96 12:,00 BRACKETT COOK -) 1551243715510420 /~?l74(~;=~~~ I... . LAW OFFICES ., ~.. BRACKETT, COOK, SNED, WELCH, HEWITT, , D'ANGIO & TUCKER " A PROFESSIONAL ASSOCIA liON 218 DATURA STREET POST OFFICE BOX 374f> oct 29 1996 WEST PALM BfACH, FLORIDA 33402 C I TV M 6 ~ I ~ ".....,., m;: I{~ : TElEPHONE (40n65 '>-8631 ~~ TELECOPlfR (407)655-1 f>40 'I" To; David T. Harden. City Mana.ger City of Delray Beach Facsimile #; 561-243-7166 \ Date: October 29. 1996 ~ From: William H. Sned. Jr., Esq. ~P.I Brackett, Cook, Sned, Welch, ~:. Hewitt, O'Angio & Tucker P.A. I Phone; (407)655-8631 Facsimile: (407)655-1640 ~ WE ARE TRANSMITTING ~ PAGES (including this page) t. '" ~ If you do not receive the number of pages indicated above, please ~ call Barbara at (407)655-8631. '.' Original to follow: _ BY MAIL ~, ~ BY HAND DELIVERY ! NOT TO FOLLOW SPEC:tAL INSTRUCTIONS: \ ~;, .;' The informati<Jn contained in this transmission io <lttotnBy privileged llnd confidential. It is intended only for the us!:! of the (';1 individual or entity named lJbovu_ If the reader of this message is not the j"tended recipient. you are hereby notified thillt any ~r:.;'..; disssBmlnation. distribution Of copying of this communication is strictly prohibited. If you rucuivud thi.. communication in arror, please notify 1.15 immediataly by telephone collect. lhClnk you, ~~, 10/29/95 12:.00 BRRCKETT COOK ~ 1561243716610420 NO. 574 P002 LAW OIl''',CE5 BRACKETT, SNHD, WELCH. D'ANGIO, TUCKER Be F AHACH, P.A. ALA'" F, 8RA<;IIl;~TT (HJ\~- 1'"'90) Zt8 OATlJ"l" SYREET ROVAL PAU" I!Il:AC+1/WII:LUNC3TON oreFICE: ~08[:RT A. O'ANGIO, ....~. "'OST oFnCI!: [lOX 37_ REGIONAL PROFE5510NAL !'lull.OING MANUEL "ARA,CH SUITE rOll WILLIAM H. SN[:O. JR. W:XfilX' PALM. BJtACH. FLOlUDA 8:)400~ &85 ROYAL "'AU" PEACH BOULEVARO JOAN P. TUCKER ROYAL PALX B....CH. FLOJUDA EDWARD O. WeLCH - TI!:U!PHONE: (407) SS$-BB31 .... LAIJR~NC!: ~OOPE". JR. TE:LECOPIER (407) 55!> - 1640 OF COUN",&I. October 29, 1996 VIA P.lt.CSIMIL~ Susan A. Ruby, City Attorney City of Delray Beach 200 N. W. 1st Avenue Delray Beach, Florida 33444 Mr. David T. Harden City Manager City of Delray Beach 100 N. w. 1st Avenue Delray Beach, Florida 33444 william P. Doney, Esquire Vance & Doney Barristers Building, Suite 200 1615 Forum Place West Palm Beach, Florida 33401 William G. Winters, Manager Lake Worth Drainage District 13081 Military Trail Delray Beach, Florida 33484 Mark A. Perry, Esquire Perry & Schone 50 s. E. 4th Avenue Delray Beach, FL 33483-4514 Re: Access Agreement Greetings: It is urgent that we get the Access Agreement properly amended and approved by the various boards as soon as possible. Our buyer, Aurora Homes, has indicated that it would proceed with the zoning applications based upon a letter from the District and the City indicating staff would recommend approval but subject to final approval by the commission and the board. Would you please fax me 10/29/96 12:00 BRACKETT COOK 7 1551243715510420 NO. 574 P003 ~ I Susan A. Ruby, City Attorney, et al ~ Page 2 ~. October 29, 1996 :'1 ". ~ your final desired changes, if any, together with a concept 'j ~~ approval letter by 3:00 p.m. tomorrow. Aurora Homes has indicated ~;1 W that if they cannot have definitive movement on this issue, they (1 1.,1 have no choice but to cancel the contract and withdraw any ~'I ! , commitments to building the road and the bridge to the Tate ~ ...j property. ~ y Enclosed herewith please find a draft letter to be executed by ',i the attorneys at your earliest possible convenience. ~ ~ ~ Your immediate attention would be greatly appreciated. L. ,~ ~ I Sh~ /fl. ~dJ. p,. ~ j WHS:bmc William H. Sned, Jr. ~G- " Encs. :1 J I I I ! I ! I I I i HJ/29/96 12:00 BRRCKETT COOK ~ 1561243716610420 NO.574 P004 ~ " Aurora Homes, Inc. fi c/o Shelter Construction Corp. ~ 1750 N. Florida Mango Rd., #402 ~~ West Palm Beach, Florida 33409 ~ I Att: Lennard J. Kligler, President Re: Access Agreement - Tate Property I Dear Sirs: Please be advised that the staff and the legal will ~; counsel ~1 recommend approval of the Access Agreement of the Tate Property at ['j :-), its next scheduled meeting of the Commission. It will recommend I" approval but final legal approval be given by the :) concept must I Commission. Sincerely, ,.' t:1' Susan A. Ruby, City Attorney it:' i." City of Delray Beach {: .. ~ .' ~ ',. I H'l/29/96 12:.00 BRACKETT COOK ~ 1561243716610420 NO.574 P005 ~ ~ ~, I Aurora Homes, Inc. c/o Shelter construction Corp. 1750 N. Florida Mango Rd., #402 I West Palm Beach, Florida 33409 ~ Att: Lennard J. Kligler, President Re: Access Agreement - Tate Property :;~ I Dear Sirs: '" I; ::-;1 Please be advised that the staff and the legal counsel will ;;'1 1'-1 recommend approval of the Access Agreement of the Tate Property at ~:I ~J its next scheduled meeting of the District. It will recommend ~l concept approval but final legal approval must be given by the I District. ,. >',1 Sincerely, ~ ~ ~~ Mark A. Perry l~ Attorney for Lake Worth I , Drainage District ~ " ~ I 'I ; ~ :1 l . ! . I I ~ I BRRCKETT COOK ~ 1551243715510420 NO. 574 P005 10/29/95 12.:00 ~ ' , . . ~ ~ i , Aurora Homes, Inc. c/o Shelter Construction Corp. 1750 N. Florida Mango Rd., #402 West Palm Beach, Florida 33409 Att: Lennard J. Kligler, President I Re; Access Agreement - Tate Property I I \ Dear Sirs: Please be advised that the staff and the legal counsel will recommend approval of the Access Agreement of the Tate Property at its next scheduled meeting of the District. It will recommend concept approval but final legal approval must be given by the District, Sincerely, William G. Winters, Manager for Lake Worth Drainage District "II,' ['.. . '1 ,";t/ i j. , - ~ [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ~< \\ [':I.R.\Y BEACH, FLORIDA 33,;,14 , ...., " , Writer's Direct Line: (407) 243-7091 DELRA Y BEACH f lOR I D A ........ AII.America City MEMORANDUM " III! DATE: October 21, 1996 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Agreement with LifeFleet As It Effects City's Services in Highland Beach The Fire Department requests that the City enter into an Agreement with LifeFleet, as it pertains to certain services rendered for Highland Beach. The purpose of this Agreement is to provide that the City of Delray Beach may transport patients to the hospital if LifeFleet ambulance is delayed by more than ten minutes from arriving at the scene. In those instances, LifeFleet shall reimburse the City of Delray Beach $200.00 for providing the service. By copy of this Agreement to David Harden, City Manager, our office requests that this Agreement be placed on the November 5, 1996 agenda. me or Division Chief Trawick at the Fire Department if you have any cc: David Harden, City Manager Chief Robert Rehr, Delray Beach Fire Department Doug Trawick, Division Chief - EMS 1fT' ~ ~ JI/6/9t, life, sar g.D. @ f'r""nlj'" /-~(10e'- . '.' 'i,_.... c." , [ITY DF DELRA' BER[H FIRE DEPARTMENT SERVING DELRAY BEACH . GULF STREAM . HIGHLAND BEACH DELRA Y BEACH f L 0 . I U A ~ AJl.America City , III I! 199MEMORANDUM TO: SUSAN RUBY, CITY ATTORNEY FROM: D. R. TRA WICK, DIVISION CHIEF DATE: OCTOBER 15, 1996 SUBJECT: AGREEMENT WITH LIFEFLEET, IE. HIGHLAND BEACH Attached is the letter to Mary Ann Mariano Town Manager of Highland Beach. As per our conversation of Oct. 14, I recounted the issue with our transporting patients in Highland Beach. I also attached a copy of the proposed agreement between the City of Delray Beach and Atlantic Lifefleet on this response policy. I have also included the original signed copy of the agreement from the managing Director of Lifefleet Atlantic Ambulance. This needs to be forwarded for City Commission action. If I can be of an further assistance please contact my office, thanks for your help. JtJf~ D.R. Trawick Division Chief , ' OCT 15 j I :J __ ..-.------ -Iiii i)t: -FiTi'/IEi'l! r-,Et-\uuUj..HfERS. 501 iVE:3T /-ITU-\fITIC AVEf'jlJE. OELRAY BEACH, FLORIDA 33444 407/243-7400 · SUNCOM 928.7400 · FAX 407/243.7461 P'lnted:Jn Recyled Paper [IT' DF DELRA' BEA[H FIRE DEPARTMENT SERVING DELRAY BEACH . GULF STREAM . HIGHLAND BEACH DElRAY BEACH f L 0 I I 0 " tI:8.d AlJ.America City , tilt! Mmy Ann Mariano October 15, 1996 1993 Town Manager Town of Highland Beach 3614 So, Ocean Blvd. Highland Beach, Fl. 33487 ~ MS~' I have received a contract agreement from Lifefleet Atlantic concerning our departments transport of patients from Highland Beach. This would be for those incidents when Lifefleet's response would be grater that ten minutes or when immediate transport of the patient would be necessary. This agreement allows for our agency to transport the patient and bill Lifefleet for that transport service. The agreement, as per our conversation, would have no affect on your existing service agreement with Atlantic Lifefleet. In incidents when the ambulance company is responding within county ordinance parameters, the ten minutes and when immediate transport is not required service would remain the same. This also has no affect on the non-emergency transport provided by Atlantic Lifefleet for the residents of Highland Beach. Our City Attorney, Susan Ruby has advised me that a written letter to you covering these issues would be helpful in your communications to the town's commissioners in the event an issue arises. Attached you will find a copy of the proposed agreement with Atlantic Lifefleet. This agreement will go before our city commission in the near future. If I can be of any assistance on this issuer please contact me as I will be happy to comply. d/d--L D.R. Trawick Division Chief ce. Susan Ruby FIRE DEPARTMENT HEADQUARTERS · 501 WEST ,4.TLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 407/243-7400 · SUNCOrvl 928-7400 · FAX 407/243-7461 Prinred an Recyled Paper . AGREEMENT FOR THE PROVISION OF AMBULANCE SERVICE FROM ATLANTIC PALM BEACH AMBULANCE, INC. DIBIA LlFEFLEET ATLANTIC A MEDTRANS COMPANY TO CITY OF DELRA Y BEACH This agreement is entered into between the City of Delray Beach and Atlantic Palm Beach Ambulance, Inc. d/b/a Life Fleet Atlantic Ambulance for the purpose of establishing coverage, and ambulance response policy and reimbursement for services. Dispatch Protocol During initial response, the Dispatch Center for the Palm Beach County Division of Medical Communications (MEDCOM) will be in control. LifeAeet Atlantic Ambulance is to be dispatched to emergencies as follows: 1. LifeAeet Atlantic Ambulance will respond to medical emergencies within all of Highland Beach areas of Palm Beach County, Florida in which a Certificate of Necessity (C.O.N.) is held by Life Fleet Atlantic Ambulance, and only when requested by MEDCOM or Delray Beach Fire Department for emergency responses. 2. It is agreed that Life Fleet Atlantic Ambulance will respond to all requests initiated by Delray Beach Fire Department within the City of Highland Beach. 3. LifeFleet Atlantic Ambulance will arrive on scene within the response time criteria as outlined in Palm Beach County Ordinance 96-16. It is further agreed that Delray Beach Fire Rescue will not transport those ALSIBLS patients if an ambulance has or will arrive Code 3 in less than 10 minutes from receipt of the call by Life Fleet Atlantic Ambulance. 4. Delray Beach Fire Rescue will not transport those ALS/BLS patients if the request for ambulance service has been dispatched or slowed to Code 1. Normal traffic delays shall be anticipated on all Code 1 responses. LifeAeet Atlantic Ambulance agrees to immediately dispatch an ambulance on both Code 1 and Code 3 responses. 5. Delays of over 10 minutes from receipt of a Code 3 call by LifeFleet Atlantic Ambulance, where as it becomes unreasonable to delay patient transport, it shall be understood that Delray Beach Fire Rescue may transport those ALS/BLS patients. 6. If a delay in the Life Fleet Atlantic ambulance is anticipated to exceed 10 minutes or the patients condition warrants immediate transport and the LifeFleet Atlantic ambulance is not on scene, Delray Beach Fire Rescue shall transport the patient. 7. In those instances where Delray Beach Fire Rescue transports a patient within the City of Highland Beach due to a 10 minute delay in the LifeFleet Atlantic ambulance, LifeFleet Atlantic Ambulance shall reimburse the Delray Beach Fire Department Two Hundred Dollars and Zero Cents ($200.00) for providing service. 8. This agreement may be canceled by either party without reason upon receipt of written notification certified and mailed through the United States Postal Service. 9. This agreement supported and be effective as , and for the term of the C.O.N.'s held by LifeAeet Atlantic Ambulance. Agreed to and signed on this 11 day of September. ~ by and between: City of Delray Beach Atlantic Palm Beach Ambulance, Inc. D/B/A LifeAeet Atlantic Ambulance 5551 NW 9 Avenue Fort Lauderdale, Florida 33309 Phone: (954) 776-3300 ~ for the City Walter F. Eismann, Managing Director MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tfM SUBJECT: AGENDA ITEM # gE" - MEETING OF NOVEMBER 5. 1996 ACCEPTANCE OF BLOCK GRANT/BUREAU OF JUSTICE ASSISTANCE DATE: NOVEMBER 1, 1996 The Omnibus Fiscal Year 1996 Appropriations Act, Public Law 104-134, provides $503 million for the implementation of the Local Law Enforcement Block Grants Program, to be administered by the Bureau of Justice Assistance (BJA) , u.S. Department of Justice. The purpose of the Local Law Enforcement Block Grants Program is to provide units of local government with funds to underwrite projects to reduce crime and improve public safety. The City has been awarded $170,524 based on our Urban Crime Rate (UCR) report. The grant program requires that the City pay ten percent of the project cost, or $18,947. The Police Department Advisory Board has recommended the purchase of 35 laptop computers and related accessories, for a total of $187,400. Funding would be provided from the Police Support Division - (Account Nos. 001-2113-521- 64.11, 66.10, 48.10) , through budget transfer from Prior Year Surplus (Account No. 001-0000-301-10.00) and the Law Enforcement Block Grant (Account No. 001-0000-331- 69.00) . Recommend that the City Manager be authorized to sign the Grant Award and Special Conditions documents on behalf of the City. +41372437166 CITY OF DELRAY BEACH 846 P02 OCT 30 '96 09:13 Agenda I tem No.: fC AGENDA REQUEST I 'f , .I r (I \ ( Date: 10/3QJ96 Request to be placed on: '-, ",.,.- X Regular Agenda Special Aqenda Workshop Aqenda When: 11/05/96 ORDINANCE/ RESOLUTION REQUIRED: ~ES@ Draft Attached: YES@ Recommendation: City Commission approve the acceptance of the Block Grant. Department Head Signature: ~~ x:5. p~:,~'-4>__ - Determination of Consistency with Co.prehensive Plan: City Attorney Review/ Recomm€ndation (if applicable): City Attornex reviewed and approved the grant on 10/29/96. Budget Director Review (required on &11 items involving expenditure of fundal' ~ Funding available: YE 'NO Funding alt~rnativea: ~..,} tpJ a~11eablr,h r... · Aocount No. & DeSJ~~'c:' ~/1D '- aff/fY V1 J~ - , ,l 1hvJ- Account Balance: l' /, 1.!J 1\-t{,1 L .,. - r City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved u.s. Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of the D i reclor Washington, D.c. 20531 September 30, 1996 David T. Harden City Manager City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 RE: Local Law Enforcement Block Grants Program Dear Mr. Harden: I am pleased to inform you that the Bureau of Justice Assistance (BJA) has approved the City of Delray Beach's application for funding under the Local Law Enforcement Block Grants Program (LLEBG) , in the amount of $170,524. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the Purpose Areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. Please sign r.hese forms and return a copy to the LLEBG Control Desk, Room 304-C, Financial Management Division, Office of the Comptroller[ Office of Justice Programs, 633 Indiana Avenue [ NW, Washington, D.C. 20531. If you have any questions in regard to this award, or if BJA can be of further assistance to you, please do Lot hesitate to contact the Grants Administration Branch[ Local Law Enforcement Block Grants Program Division at (202) 305-2088. I look forward to a continuing partnership with the City of Delray Beach in furtherance of this important criminal justice program, Sincerely, ~4.~-n- Nancy E, Glst Director Enclosures U.S. DEPARTHENT OF JUSTICE GRANT MANAGER'S MEMORANDUM, PT. I: II ~ ~<;I OFFICE OF JUSTICE PROGRAMS PROJECT SUMMARY ~ ~ j o OJP o BJA o OJJDP 0 GRANT 0 COOPERATIVE AGREEMENT P.i':!!JiTi~'f.~ o BJS o NIJ o OVC PROJECT HtIIIBER CKKa: APPROPRIATE BOX 96-LB-VX-0807 0 This project is supported under Title I of the Omnibus Crime Control and Safe Streets Act, 42 USC 3701, as amended. 0 This project is supported under the Juvenile Justice and Delinquency Prevention Act of 1974, as amended. @ Other: Omnibus Appropriations Act of 1996 1. STAlPP' CONTACT (N_e, address & telephone number) 2. PROJECT DIRECTOR (Name. address & telephone number) Grants Administration Branch Lloyd Junghans LLBBG Division, BJA City of De1ray Beach 633 Indiana. Avenue !tW, 11th Floor 300 W_t AUantic Avenue Washington, DC 20531 Delray Beach, J'L 33444 (202) 305-2088 (561) 243-7852 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) Local Law Enforcement Block Grants Program 4. TITLB OF PROJECT Local Law Enforcement Block Grants Program 5. NAME " ADDRESS OF GRANTEE 6. NAME " ADDRESS OF StJBGRANTEE City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 7. PROGRAM PERIOD 8. BUDGET PERIOD FROK. 10/01/96 TO. 09/30/98 FROK. 10/01/96 TO. 09/30/98 9. AMotlNT OF AWARD 10. DATE OF A1fARD $ 170,524.00 09/30/96 11. SECOND YEAR'S BUDGET 12. SECOND YEAR' S BUDGET AMOUNT N/A N/A 13. THIRD YEAR' S BUDGET PERIOD 14. THIRD YEAR' S BUDGET AMOUNT N/A N/A 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Local Law Enforcement Block Grants Program is authorized by the Omnibus Fiscal Year 1996 Appropriations Act, Public Law 104-134 for the purpose of providing units of local government with funds to underwrite projects to reduce crime and improve public safety. The Bureau of Justice Assistance will make direct awards to units of local goverument when award amounts are at least $10,000, to be used consistent with the statutory program purpose areas specified in section 101(a) (2). City of Delray Beacb bas indicated that it intends to distribute its Local Law Enforcement Block Grants funds under the following purpose area(s): (lc) Law Enforcement Equipment NC/NCF OJP FORM 4000/1 (REV. 4-88) 11(01/96 15:54 U4072437816 DELRAY BEACH PD ...... CITYMGR [4J 003/004 . U. II. Dall'AKTIIml't 01' JUIInc. AWARD OPpIes OF JU'TIca PROGaAKS o OJ1' o lIolA o O.7J1lP 0 GaAHT l'AQS ...L OJ' 6 o Bolli o llllJ OOYC:' 0 COOPDATIVI: ~ CElCK APPROPRIATE IIOX l.. (;IIABTI:. .AD ~ aDDlUISII CI!1alwUq Zip CCM1.) t. AIWW JItlJIBml 96 -t.B-VX- 0 807 C1ty of D.~r.y ...ch 'DD W..~ A~lan~ic Av.uu. ~1~.y B..ch, rL JJt~4 Ii. JllJLO.1aCT 'DIOD: I'JIQM 10/01/" TO Ot/30/U BtmQI:'l' PDIOD, ROIl 10/01./" TO 0'/30/" :1-A. GUNTD IRS/VDlDOIt lfO. 5:lt6000315 ,. oUfAIIJ) !)AT.: 0'/30/" 7. ACTIOIi' 0 IXITUL 3. lI~a NAIl!! AMD MDD.III CI.a.c1\1d..1av Z1J1 Cod..) .. St1tpr,aaT JCONBD. 0 SUPPL~AL 3.1.. ~. IRB/vmtn01l 1110. 'II. J'1lKVI CUB AWAJID lUIOlJIft' , 0.00 3. 'ROomC'1' Tln.a 10. >>rotmr or TIIIIl AliI~ $ 1.70,524.00 Loaal La.. BIlfc~c_t Blook (J".....t.. Prograa H. TOTAL A"AJtI) , 170,514.00 12. S'ECIAL CQMnITlalS (ch.ck. if 8PP11~&bl.) ~ THIl ABOW QIlAJI'1' .1t~CT III APJIIJWVJ:D stJB.DC'1' TO m;rcx COHIlITIaNS OR LIKITATIOlII'fl AS UJI Ilft PORT. OM T1IJIl ll.TTACKBIl 05 PAlDlIIl . 13. l'IAn:rtOJlY AtlTHORITY ro1l QllU/'I' o TITLll I 011' '1'lUI manBtl'S caIXll COII'1'KOL AIlD au. STUI:TIl ACT 0'" :1-, n . 42 U./iI.C. 3701. a'1'. 1I1lQ., AS AXmIDJ:D. o TITLa II Oil' '1'1111 JUvdIL. JUIlTIC:a AJIIl Jla.I~Cl!' P~IOIr AC!T Oil' 1914. 43 o.'.C. 560:1-, liT. SilO.. AS ANZRDaD o VIC'1'IXB OJ' c.nm ACT OJ' 1984, on U.S.C. 10601. aT. ,l.a., PUBLIC LAW '1-473, All AllDDIID. [!] arDJl [lIp8City I I o.u.bu. ~rop~i.t:ic... Act: of 1'" 1t, ~ PIIICAL YaAa(S) SUPJ'O~. llEco.D nu' S BUDClft JII.IUOD: ./A MlOmrr or nnms I R/A TlrPI: or rcJCDS I THIRD VDJI. I Ii IIDDGs:r lIDIOP ~ ./~ AMDllIIT OJ' nlJInB' Ill/A TlrPI: or IrUlft)S I 15. DTBOO 01' PAYIIIIII'l' TIll: ~lI!lI! WILL dcaIW CASII VIA A LITTER 01' CRJ:DIT 0 vall 0 110 1I11J1111111111 I AGIiKCY APPROVAl. .. ..11111 II I on ....... UllAJITd ACCDTAJIlc:JI .. ....... 11. TlrPlID IQIlII AIm TXTL. 01' U.ROVINlJ OJP o.rICIAr. 11. T'am) IQKII AId) TI~ OJ' AUTJIOJIIIIJID Ga&JlTD OnteIAL Nancy.. Gi.t, Di~.ctor Devicl B.""d..,, 8\1"'..u of o1u.t!a* ,...i.t:aDc. Ci~y _.....1:' ". i}:.:.:~.CfsF- 11. SIaATmm or Al1rIlOJl.IZIlD GUJrt.. UA. DATa AG:aIfCY UII. CllrLY . .. 3D, It.CCQOKTI.a CLASSIrIClt.TI~ CODII 21. LIIJD] rISCAL rlJMD IIUD. DIV. YIIAll CODI: ACT. Ol'~. ..0. SOB. pOlIS AIIOmIT - - ~ - - - - )[ V Ll 80 00 00 OJll J'ORM 4000/] (REV. 5-17) JIIazvIOUS IIDITTORB ARS OIlSO~IIT.. u. S. DEPARTMENT OF JUSTI:CB AWARD CONTINUATION OFFI:CB OF JUSTI:CB PROGRAMS SHEET DOJP @ BJA o OJJDP PAGE -2 OF -..L o BJS o NI:J o eve @ 0 CHECIt APPROP!UAT1l: BOX GRANT COOPBRATI:VB AGREEMENT PROJECT NUMBER 96-LB-VX-0807 AWARD DATE 09/30/96 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs ( OJP) Financial Guide. 2. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-128, "Audits of State and Local Governments". In conjunction with the beginning date of the award, the audit report period of the state or local governmental entity to be audited under the single audit requirement is October 1, 1996 to September 30, 1997. The audit report must be submitted no later than November 1, 1998 and for each audit cycle thereafter covering the entire award period as originally approved or amended. The management letter must be submitted with the audit report. Subsequent audits must be submitted no later than thirteen (13) months after the close of the recipient organization's audited fiscal year. The submission of the audit report shall be as follows: An original and one copy of the audit report shall be sent to the u.S. Department of Justice. Also, a copy of the audit report shall be sent to: Clark F. Cooper Atlanta Regional Audit Manager 101 Marietta Street, Suite 2322 Atlanta, GA 30323 and a copy of your audit transmittal letter addressed to the Federal Regional Inspector General's office shall be sent to: Audit Services Office of the Comptroller Office of Justice Programs Department of Justice Room 942 633 Indiana Avenue, N.W. Washington, D.C. 20531. 3 . The recipient agrees to submit its corrective action plan with the audit report to the DOJ Regional Inspector General for Audit, when there are findings/recommendations disclosed in the audit report. The corrective action plan should include: (1) specific steps taken to comply with the OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. u.s. DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET OJP o BJA D OJJDP PAGE -.l. OF -L BJS D NIJ Dove CHBCE APPROPRIATE BOX @ GRANT D COOPERATIVE AGRBBMBNT PROJECT NUMBER 96-LB-VX-0807 AWARD DATE 09/30/96 SPECIAL CONDITIONS recommendations; (2) t~etable for performance and/or implementation date for each recommendation; and (3) description of monitoring to be conducted to ensure implementation. 4. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analyses.) "This project was supported by Grant No. 96-LB-VX-0807 awarded by the Bureau of Justice Assistance, Office of Justice Programs, u.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the u.S. Department of Justice." 5. The recipient agrees to provide information required for the evaluation or assessment of any activities within this project. 6. The recipient agrees to provide $18,947 over the grant period in a cash match. The recipient is reminded that the match funds are auditable under Special Condition #2 and will be binding to the recipient. 7 . The recipient agrees to submit, at a minimum, semi-annual reports on its programmatic activities. The first programmatic report will be due on January 30, 1997, covering the period of October - December, 1996. The next report will be due on July 31, 1997 and cover the period of January - June, 1997. The next report should cover the next six month period and is due thirty (30 ) days after the end of the six month period for the life of the grant. A final report on the programmatic activities is due 120 days following the end of the grant period. 8. The recipient agrees to establish a trust fund in which the Bureau of Justice Assistance will deposit all payments received under this award. For the purposes of this grant, a trust fund is an interest bearing account that is specifically designated for this Program. Only allowable program expenses can be paid from this account. This fund OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. u. S. DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET o OJP @ BJA o OJJDP PAGE --.! OF ....L o BJS o NIJ o ove 0 0 amcx APPROPRIATE BOX GRAm' COOPERATIVE AGRD:KBIIT PROJECT NtlMBER 96-LB-VX-0807 AWA1Ul DATE 09/30/96 SPECIAL CONDITIONS may not be utilized to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to use the grant amount in the trust fund (including interest) during the period not to exceed 24 months from the date of the first Federal payment. 9. The recipient agrees to submit quarterly financial reports. The fi~ancial report is due 45 days after the end of each calendar quarter. A final financial report is due 120 days following the end of the grant period. 10. No funds shall be used to supplant state or local funds that would otherwise be made available for such purposes. 11. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in the suspension of the drawdown of funds. 12. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and support personnel, as described in the applicable purpose area of Subpart A section 101 (a) (2) , that the recipient and/or unit of local government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service. 13. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and support personnel, that the recipient or units of local government will establish procedures 'to give members of the Armed Forces who, on or after October 1, 1990, were or are selected for involuntary separation (as described in section 1141 of title 10, United States Code), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1923 note) , a suitable preference in the employment of persons as additional law enforcement officers or support personnel using funds made available under this Program. OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE, U. S. DBPARTHBNT OF JUSTICE AWARD CONTINUATION OFFICE OF JUST:tCE PROGttAKS SHEET OJP @BJA o OJJDP PAGB ~OF ....L BJS o NJ:J o ove amClt APPROPIUATE BOX 0 GRANT 0 eOOPERATJ:VB AGRBBMBNT PROJBCT NtlHBBR 96-LB-VX-0807 AWARD DATE 09/30/96 SPECIAL CONDITIONS 14. The recipient agrees if funds are used for enhancing security or crime prevention, that the unit of local government -- (a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101(a) (2), or any crime prevention progr~s that are established under subparagraphs (C) and (E) of section 101 (a) (2) , on the incidence of crime in the geographic area where the enhancement is undertaken or the progr~ is established; (b) will conduct such an assessment with respect to each such enhancement or program; and (c) will submi t to the Bureau of Justice Assistance an annual written assessment report. 15. The recipient agrees that prior to the obligation of funds at least one (J.) public hearing will be held regarding the proposed use of the payment under the Local Law Enforcement Block Grant in relation to its entire budget. At the hearing, persons shall be given an opportunity to provide written and oral views to the unit of local government about the entire budget and the relation of the Grant to the entire budget. The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation. J.6. The recipient agrees that prior to the obligation of any funds received under the Local Law Enforcement Block Grants Program, it shall establish or designate an advisory board. While membership on the advisory board may be broader, it must include a representative from -- (a) the local police department or local sheriff's department; (b) the local prosecutor's office; (c) the local court system; (d) the local public school system; and (e) a local nonprofit, educational, religious or community group active in crime prevention or drug use prevention or treatment. OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. 11/01/96 15:54 "B'4072437816 DELRAY BEACH PD ...... CITYMGR ~ 004/004 . .... ~_ .. "",na AWARD CONTINUATION OFPZCX 011' JUlIne. l'JUXmAIIS . rAl . SHEET It 0 on 0 BJA 0 OJJ1)P II'ACDI --.-! ow -.L o ..,8 o a'YJ o ClVC 0 0 cae!: Al'I'JlOPlUAT. IIOll CDU"1' COOPnATI1IK ;U;U~ PJlo.ncT lIItDIIIa IIi -Id - VX - 0 II a 7 >>tUm DJllr. 0,/30/t, SPECIAL CONDITIONS Th~ advisory board must review the application for funding under the Local Law Enforcement Block Grants Program, and it must be authorized to make nonbinding recommendations to the recipient/unit of lo~al go~~r.nment for the use of funds received under the Program. Grantee Acceptance of Conditions /DJ"./." DATB .I OoD "OlllJl "'000/:1 (RKV. 5-871 PlllN'IOVII KDInOM'lI AJul OallOLJlTIl. 11/01/96 15:53 '6'4072437816 DELRAY BEACH PD ~~~ CITYMGR [4J 002/004 I<{~~;:;W:~*'>~\ jY...~~_"--:'~~'~}~ U.S. DEPARTMENT OF JUSTICE A, ~j~ ~ ~:~i- ~l.! OFFICE OF JUSTICE PROGRAMS ~.- . ~I BUREAU OF JUSTICE ASSISTANCE \~~~~;;.I' ~'t';~:-:'~~').<Fr LOCAL LA W ENFORCEMENT BLOCK GRANTS PROGRAM REQUEST FOR PAYMENT GRANT NUMBER: 96LBVX0807 NAME OF GRANTEE: City of Del ray Beach, Florida VENDOR NUMBER: 596000315 AWARD AMOUNT: $ 170,524.00 As a recipient of a Local Law Enforcement Block Grants Program award, I hereby request payment. These funds will be placed into a trust fund in accordance with Public Law 104-134 and LLEBG Program guidance. I agree not to obligate any funds until Special Conditions # 15 - Public Hearing and # 16 - Advisory Board and if applicable, any conditions regarding disparate allocation and the submission of a joint spending plan, have been met and the special conditions released by the issuance of a grant adjustment notice. SIGNATURE OF CHIEF EXECUTIVE OFFICER/DATE u.s. Department of Justice Office of Justice Programs Office for Civil Rights Washing/on. D,C. 2053/ September 30, 1996 David T, Harden City Manager City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 Dear Law Enforcement Block Grantee: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. sec. 42.204, Applicants' Obligations) . As Director of the Office for Civil Rights (OCR) , Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 633 Indiana Avenue, N.W. , Washington, D.C. 20531. (1) If you have already submitted an EEOP as part of another award from the Office of Justice Programs ( OJP ) within this grant period, or if you have certified that no EEOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable. Additional Instructions For Grantees Receiving $500,000 Or More: In accordance with Assurance No. IS, and as a recipient of $500,000 or more (or $1,000,000 in an 18-month period), with 50 or more employees, you must submit an Equal Employment Opportunity Plan (EEOP) within 60 days from the date of this letter to OCR at the above address. (I) Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-Step Guide to the Design and Development of an EEOP (which includes a Certification Form and an EEOP Short Form) will assist you in completing this requirement. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOP'S GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under $500,000: Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. Moreover, if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR. Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. Additional Instructions For Grantees Receiving Under $25,000: A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. Instructions for All Grantees: In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. OCR may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices (2 ) are in compliance with equal employment opportunity requirements. If you have any questions, or need additional help please call OCR at (202 ) 307-0690. Sincerely, ~A~~:S{~ Director, Of ice for Civil Rights Enclosure (2) The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964, 42 D.S.C. sec. 2000e. ~ DELRAY BEACH , ( "w ).. Delray Beach Police Department bad All-America City 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , I II I' (407) 243-7888 Fax (407) 243-7816 199.J MEMORANDUM TO: Robert A. Barcinski, Assistant City MOOt FROM: David Junghans, Administrative Officer . DATE: June 28, 1996 SUBJECT: BLOCK GRANT Per the requirements established by the Bureau of Justice Assistance for the Local Law Enforcement Block Grant Program., the Advisol)' Board met to review the City's plan for the available funds. The following is a list, with estimated costs, of our request for funding: 1. 35 laptop computers $13 5,000.00 2. I.F. connection for the AS/400 $30,000.00 3. 8 vehicle mounts for computers $2,400.00 4. 8 vehicle I.F. mod $8,800,00 5. CAD software $7,200.00 6. C.O.P. Volunteer Program $4.000.00 $187,400.00 The block grant totals $170,524.00 with a 10% City matching requirement, total grant $]87,576.00. The costs listed above are only estimates at this time; however, the department feels the final dollar figure will be vel)' close to the stated amount. DJ/ppt . ( /\ ;'/\/1 l , [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ~(h:' :-;\';' . >,1 '<, Lt.,; F DEU,AY BEACd, FLCJRlDA 33';';'; L'.C.<Itdil E ,.,,':: Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F lOR I D A ...... AII.America City MEMORANDUM , III I! DATE October 31, 1996 1993 TO: City COmmigion ~ -. ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Proposed Utility Easement Rainberry Lake Alzheimer Caring Center The attached easement deed is before you for your acceptance, The easement is located in the common area of the Rainberry Lakes Subdivision. The City will be installing water and sewer main extensions into the easement in conjunction with the construction of the Rainberry Lake Alzheimer Caring Center. Approval is recommended. If you have any questions, please call. Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Richard Hasko, Assistant City Engineer v~e/ I' If. Ie;, @ Pri,citcd en Recyclc!d Paper gr. , - , . . { . , , . I .~ c ~~ . C\j " THIS IS NOT A SURVEY / ~ THE EAST UNE OF RAIN8ERRY LAKE PHASE 2 \<V ~ PLA T 800K J7, PAGES 94 AND 95 IS ASSUMED ~ "( TO BEAR S.18"J9'42HW. " / ~ ~ ~ EXHIBIT A ~~ SflEET 1 or 1 ~/ ~..-v 'vI ,.~ ~/ ~~ ~I ,~~~ ~ I "(~ '/ ",<<'~).. <<:-~I NORTHEAST CORNER ,/' OF RAINBERRY LAKE '.",. Jf PHASE 2, PLA T BOOK &;\~ J7, PAGES 94 AND 95 ,,~" ~~ I S. ~ ^' ! ~ ~ i ~ ~ Ii )<1 ~ ! '\ ~~ ~ ~I:t '\ ~ ~l / ~ ~ ~q ~ ~ "'~ / 0 -1--~~ <J't ~ '<.Jo. ~ " (j).. ',.. ~ ~~ ~Jo; \J' ~O:-~ . '\ -r~o ~ c::-- ~ \ ~"\:~. '~/~ " '!'~:~ /' <::':>-...L '~ DESCRIPTION. ~ ~ THA T PART OF THE EAST ONE HALF (E 1/2) OF '\ SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~ PALM BEACH COUNTY. FLORfOA, DESCRIBED AS ~ FOLLOWS: POIN: OF BEGINMN,'; COMMENCE AT THE NORTHEAST CORNER OF RAIN8ERRY LAKE PHASE 2, AS RECORDED IN PLA T ~ BOOK J7. PAGES 94 AND 9.5 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORfOA; THENCE S.18"J9'42HW. ALONG THE EAST LINE OF SAID PLA T OF RAINBERRY LAKE PHASE 2, J24.44 FEET TO THE POINT OF ~ BEGINNING; THENCE N.J8"05'SOHW" 108.40 FEET TO A POINT ON A LINE 6 FEET NORTH AND 10 FEET WEST OF THE INTERSECTION OF THE CENTERUNES OF N.W. 9TH STREET AND RAIN8ERRY LAKE DRIVE, AS SHOWN ON SAID PLA T OF RAINBERRY LAKE PHASE 2; THENCE S.51"54'10.W. 24.00 FEET; THENCE SJ8"05'50HE., 124,IJ FEET TO A POINT ON THE EAST LINE OF SAfO PLA T OF RAINBERRY LAKE PHASE 2; THENCE N.18"J9'42HE'1r\ ALONG SAID EAST LINE, 28.70 FEET TO THE pOlffofVHN N. SUITER DA TE: MARCH 25. 1996 OF BEGINNING, PROFESStONAl SURVEYOR AND MAP fR O'BRIEN.- SUITER &' O'BRIEN, INC 2601 NORTH FEDERAL HfGHWA Y CONTAINING 2,790 SQUARE FEET (0.0641 ACRE). FLORIDA CERTIFICATE NO, 1314 DELRAY BEACH FLORIDA JJ48J (407) 276-4501 (407) 732.3279 96-6J ( , . ". ( '" I . . . Rainberry Lake Recreational Area Governing Board September 4, 1996 Meeting at Gazebo Swimming Pool Attending: Ken Eubanks, Bernie Burkoff, Bill Collander, Clair Bauman, and Don Allgrove .. Secretary's Report approved Treasurer's Report approved Right of Way: The Recreational Board agrees with the Rainberry Homeowner's Association and the Villas of Rainberry Lake to give permission to the Alzheimer Association access to properties within the Common Area for the construction of water and sewer lines in connection . with the establishment of said facility. Dock repair: Cost $425. included, repair by Jaime Gillert,pressure cleaning, and sealing. Wind Brea~ers for tennis courts: Cost $630. Sprinkler repair: Cost $1350. Tree trimming: tabled. Fertilization of Palm Trees along Rainberry Lake Drive. Cost not to exceed $100. Application on~a year. Pool heaters: Contract approved for once a year maintenance. ~ Vandalism: 2 chairs missing, one chair broken, skimmers on jacuzzi missing and fence opened for illegal entry. Security: Discussion on defic.fn~s with current Company. Ken to contact company to remedy problems. Plan to investigate cost of time clock at guard house. Extermination of carpenter ants at guard house and bath house Lake cleanup: will call on Lake Board to remedy problem. Meeting adjourned. Don, Secretary . " " ~: ,\;parcd by: KETURN: '~ ......., .. David N. ToJces, Esq, City Attomey's Office 200 N.W. 1st Avenue Delra}' Beach, Florida 33444 EASEMENT L!E.E.D ~ THIS ~DE~RE, made this ~ay of ~__, 199.!e., between ~ ~ th-t!J~a 1fr.s7Jfi!, /;t..<L( ,parties r the tirst part, and the CITY OF DELRA Y BEACH, FLORIDA, a mUlUclpal corporation in Palm Beach County, State of Florida. party of the second part: \\lTNESSETH: That the part)' of the first part, for and in consideration of the swn of Ten (SI0.00) Dollars and other good and valuable considerations to it ill hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, selland release Wlto the pllIty of the second part, its successors rmd assigns, a right of way and perpetual easement for the pwpose of: installation a.nd maintenance of public utilities wi~ Cull and free riiht, liberty, and authority to enter upon and to install. operate, and maintain such utilities well under, across, through and upon, over, WIder or within Ihe foHowing described property located in Palm Bench COWIty. Florida. to-wit: DESCRIPTION See Exhibit "A" attached hereto Concomitant and coextensive with this right is the further right in the party of the second part. its successors and assigns. of ingress and egress over and on tbat portion of land described above. to effect the purposes of the easement, as expressed hereinafter. That tltis easement shall be subject only to those easements, restriclions, and reservations of record. That the pllIty of the first part agrees to provide for the release of an)" and all mortgages or liens encumbering this easement. The party of the fust part also agrees to erect no building or effect any other kind of ~onstruction or improvements upon the above-described property. II is wluerstood that upon completion of such instailation, allland~ disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored tll its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, tht(lugh or Wlder it, that it has good right and lawful authority to grant the above-described easement and that the same is wlencwnbered. Where the comext of tlus Easement Deed allows or (IL'nnits. the same shall include the successors or assigns of the parties. - - : , '\.i , IN WIlNESS WHE~OF. the parties to this Easement Deed s'et their hands and seals the day and year first above written. WITNESS #1: PARTY OF THE FI ST PART: ~~:D~C~6~E 2 I L~ c7< .J)J ':- L? iJ (name printed or typed) (name pnnled or t}'Ped) WIlNESS #2: --';:;Y~~#7J/1t<t"- J",- ~~L (address -~.t47 ~~ pi. 03y~- ~ ...., (..16J1 A- S/,uG-1I (nam,: prinltlJ or typed) WITNESS # 1: ------_... (name printed 01" typed) (name printed or typed) WIlNESS #2: (address) (name printed or ty~d) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrwnent was acknowledged before me ~~ .:1Dtl.dllY of 5~_, 199~. by 12,,_ ,. k#1(./ ~ . who is ~ kno~o me/or has produced _ (~"" ofidentification) " idontlfiCati.~ ~~.. SHIRleYlSIN^TFIA ~ . * M': * ~v co",,,,,,.I,,,, CC3n382 ... , 1:.""... Jun, 22,1898. '. '>.t ,. Dondedby ANB Signature of Notary Public-State of Flonda >t"",.of1$ 800-852,5878 STATE OF FLOIUDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of . 199 _' b)i . who is personally known 10 me/or has produced (type of identification) as identification. .... Signature of Notary Public-State of Florida EASE9HRM 2 ,', / /}-// MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER C1v1 SUBJECT: AGENDA ITEM # i.G. - MEETING OF NOVEMBER 5. 1996 SERVICE AUTHORIZATION/DAVID PLUMMER & ASSOCIATES DATE: NOVEMBER I, 1996 This is before the Commission to approve a Service Authorization with David Plummer & Associates for consultant services relating to the Transportation Element of the Comprehensive Plan. The services are in connection with the development of a transporta- tion element as required by Florida Statute 163.3177(6) (J). The Traffic Element Evaluation and Appraisal Report (EAR ) was adopted by the Commission on July 9, 1996. Assistance in preparing certain portions of the element is proposed through this service authorization. Funding in the amount of $14,900 will come from currently budgeted consulting fees allocated for the Comprehensive Plan EAR-based amendments approved in the current Planning and Zoning budget. Recommend approval of the Service Authorization with David Plummer & Associates. c.'i f'iA_'/ ~~~!l!j!I~~11~ ""'..'.."""""""."""""""'",.."0,,,11, '."'."'." .'.'19S'III" II"'.' m' ."..m,M,llIm,.,m, '111" .""""""""""""""""""""""'" .............................................. ..... . ... .... .... .. . " ... ........ ...... .........". ............................................... ............................................... ... .. ... .... ... ... . .." ... ...".. ....... . . ... ........ ............................................... ............................................... . . . .... ...... .. . .. " . ,.. . ... .... .............. .. ............................................... ............................................... ..... ..... .. .. . . .. ... ",.. ........ ..... .... ...... . ............................................... ............................................... .. .... .... . ..... . . . ... .... ............................................... ................................................ ...... ..... . . . . . . ..... .. . . . . ............ .. ............................................... TO: DAVID T. HARDEN . ~NAG~, THRU: D INGUEZ, DIRE~ D~MENT OF P~NN:~~:ND~NING FROM: PAUL DORLlNG, PRINCIPAL PLANN SUBJECT: MEETING OF NOVEMBER 5,1996 "'CONSENT AGENDA'" APPROVAL OF A SERVICE AUTHORIZATION WITH DAVID PLUMMER AND ASSOCIATES FOR CONSULTANT SERVICES RELATING TO THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN (EAR BASED AMENDMENT) IN THE AMOUNT OF $14,900. ("""'""""""""""'" """"""."""",."."".""""'..,."'..,,.,,""""'"""".,."". "'""""'"",., """"., """""",' ,,',' ",',""""'" """"" """""'," "'1 :::::::::::::::::::::::::::::I:::::::~:::::::::::::~~::::~:t:~~::::~:::::~::~::':~:::~::~:~::~:~~:~:::::~:lgfI~II~:::llllllmlllle:::IB:I:::IIII~.~.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::I::::::::~::::::::::::::::::::::::::::::::::::::: The action requested of the City Commission is approval of a service authorization with David Plummer and Associates for consultant services relating to the Transportation Element of the Comprehensive Plan. The services are in connection with the development of a transportation element as required by Fla. Statute 163.3177 (6)(J). Florida Statute 163.3177(6)(J) (Required and Optional Elements) and Rules 9J-5 requires local governments within an urbanized area having an MPO (Metropolitan Planning Organization) to prepare a Transportation Element. This element will replace the Traffic Element, Mass Transit Element ,Port Element, and the Aviation and related Facilities Elements. The Transportation Element is to be coordinated with the long range transportation plan of the MPO and its purpose is to plan for a multi-modal transportation system that emphasizes public transportation systems. The transportation element will require updating current and future map series, the addition of objectives relating to multi-modal transportation systems, coordination with regional transportation agencies, protection of existing and future rights-of-way, LOS for public transit facilities, and transportation demand management programs. City Commission Documentation Meeting of November 5, 1996 Approval of a Service Authorization with David Plummer and Associates for Consultant Services Page 2 The preparation of the Transportation Element was identified as a Planning Issue within the Traffic Element Evaluation and Appraisal Report (EAR) which was adopted by the Commission on July 9, 1996. The Planning and Zoning Department has begun preparation of the Transportation Element. Assistance in preparing certain portions of the element is proposed through this service authorization with David Plummer and Associates. Funding will come from currently budgeted consulting fees allocated for the Comprehensive Plan EAR-based amendments approved in the current Planning and Zoning budget. I:::::::::::::::::::::::::::::::::::::::::::I:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::,:::::I::::::::::::::::::::::::::::::::::::::,::81I1MIB.:gll:::llm~II::::::::::::::::::::::::::':::::::::::::::::::::::::::'::::::::::::::::::::::::::::::::::::::::::::::::::::::::::I:::::::::::::::::::::::::::::::::::::::::::::::::::::1 By motion, approve the service authorization with David Plummer and Associates for consultant services relating to the Transportation Element of the Comprehensive Plan in the amount of $14,900. Attachments: Consulting Service Authorization CITY OF DELRAY BEACH EXIllBIT A CONSULTING SERVICE AtITHORIZATION DATE: October 29. 1996 SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: Delray Beach Comprehensive Plan Update This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. Title: Transportation Element of the Comprehensive Plan I. PROJECT DFSCRIPTION Preparation of specific sections of the Element as well as providing assistance in the preparation of Goals, Objectives and Policies portion of the Element. IL SCOPE OF SERVICFS TASK 1 - GROWTH TRENDS. TRAVEL PATTERNS. INTERACTIONS AND COMPATIBILITY This task will include an analysis of growth trends, forecast of future patterns and a discussion of the interaction between land uses and transportation systems. The compatibility between future land uses and the transportation elements will also be analyzed. Various modes of transportation will be included. TASK 2 - EXISTING AND PROJECTED INTERMODAL DEFICIENCIES AND NEEDS Existing and projected intermodal deficiencies will be analyzed and needs will be identified. This will include multimodal terminals and connectors, HOV lanes, park-and-ride lots and other intermodal facility needs. 0 @E1 EXHffiIT A CONSULTING SERVICE AUTHORIZATION Page 2 IL SCOPE OF SERVICES - Continued -. -- TASK 3 - FUTURE HIGHWAY OPERATING CONDITIONS Year 2015 highway operating conditions will be analyzed to determine future levels of service operating conditions. Roadways needs based on level of service will be identified. The need for alternate transportation systems will be identified and potential solutions discussed. Traffic forecasts will be obtained from the Palm Beach County Metropolitan Planning Organization. TASK 4 - FUTURE TRANSPORTATION MAP Under this task future transportation map(s) will be prepared which identify all components of the future transportation system. Also included will be functional classification, future levels of service, major generators and attractors, roadway laneage and designated evacuation routes. TASK 5 - TRANSPORTATION GOALS OBJECTIVES AND POLICIES DP A staff will work with the Delray Beach staff to develop the appropriate Goals, Objectives and Policies for the Transportation Element. These services will be provided on an as needed and requested basis, The work effort may include the development of specific Goals, Objectives and/or Policies or the review of Goals, Objectives and Policies prepared by others. TASK 6 - PROJECT REPRESENTATION/FOLLOW-UP DPA staff will attend City Council meetings, Public Hearings, Workshops and the like as directed by staff. ill. BUDGET The fees for the services in Tasks 1 through 6 will be as follows. TASK STIPULA TED SUM 1 $1,600.00 2 $2,100.00 3 $5,500.00 4 $3,700.00 5 Hourly Basis ($1,000.00 Budget) 6 Hourly Basis ($1,000.00 Budget) @ @E) EXHffirr A CONSULTING SERVICE AUTHORIZATION Page 3 ID. BUDGET - Continued -, Tasks 5 and 6 and any additional services requested by the City staff will be provided at the standard hourly rates and categories as shown below. A budget of $1,000.00 has been established for each of the Tasks 5 and 6. CATEGORY HOURLY RATE Administrative Principal $150.00 Principal $115.00 Project Manager $ 85.00 Design Engineer/Planner $ 75.00 Technician $ 45.00 Clerical $ 35.00 The above tasks and appropriate fees are based on data being provided by the City of Delray Beach in a timely manner. This includes existing and future land uses (maps) projections of future development densities and intensities and other relevant materials and base maps. Also these fees are based on the availability of existing traffic data and 2015 traffic projections by the Metropolitan Planning Organization of Palm Beach County and does not include data collection by David Plummer and Associates, Inc. DPA will provide the City with the following: · One (1) camera ready copy of all text and exhibits. · One (1) electronic copy of all text and tables in Word Perfect format. IV. COMPLETION DATE Draft January 24, 1996 Final March 8, 1996 This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. @ @EJ EXHmIT A CONSULTING SERVICE AUTHORIZATION Page 4 Approved by: CITY OF DELRA Y BEACH: , INC. Date: . JAY ALPERIN, D.D.S. MAY-OR Attest: STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before ~'L me this Twenty-ninth day of October , 1996 by Kahart M. Pinder. Senior Vice President Approved as to Legal (name of officer or agent, title of officer or agent), Sufficiency and Form David Plummer & Associates. Inc. (Name of Corporation Acknowledging), a, Florida (state or place of incorporation) corporation, on behalf of the corporation. HeISfle-is (personally known to me) (has produced idcntiflCfttion) V>(.'t~ k,'v L\:S1A.JY'--- (type of identi 'cation) (as identification) and (did/did not) take an oath. <:) ~ ~ QM-~ ~}...v i '"",' . ) Signature of persorl- Taking Acknowledgement 'SAt0P (1::, ,~. -Pf\R..\(S Signature of Acknowledger Typed Printed or Stamped ,,,\&'f 'll, ..? .6.~"" SANDRA J PARKS '* ~ * My Cornmi8sIone<:as4378 @E1 ~ ~ ~~w ~ Expires May. 13,2000 ~I". ~ '--- . ~ Of fll>t' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER vfJ1 SUBJECT: AGENDA ITEM # f.t!. - MEETING OF NOVEMBER 5, 1996 CHANGE ORDER NO. 1 AND FINAL PAYMENT/ATLANTIS ENVIRON- MENTAL ENGINEERING, INC. DATE: NOVEMBER 1, 1996 This is before the Commission to approve deduct Change Order #1 in the amount of $4,050.00 and final payment in the amount of $3,378.40 to Atlantis Environmental Engineering, Inc. for the Water Treatment Plant pipe gallery repainting project. The work has been completed satisfactorily as required by the contract documents Recommend approval of Change Order No. 1 and final payment to Atlantis Environmental Engineering, Inc., with funding from Water/Sewer Services - Repair and Maintenance (Account No. 441-5143-536-46.10) . Agenda Item No. 311- AGENDA REOUEST Date: October 21. 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 5. 1996 Description of item (who, what, where, how much) : Staff request City commission approve deduct Change Order #1 in the amount of 54,050.00 and Final Payment in the amount of 53.378.40 to Atlantis Environmental Engineering. Inc. , for their work on the Water Treatment Plant Pipe Gallery Repainting project. Funding is available from Account No.441-5143-536-46.10. ORDINANCE/RESOLUTION REQUIRED: Not required. City Commission approve deduct Change Order Inc. , for their work on the Water Treatment 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 'YE~/NO Funding altemativ'(if al'a~ 1); ~ ~~~~:~ :~ia:c~e~ -' . _ _ ~ . - H(,_ - .- City Manager Review: '" 1 1..-/,{f~c;;J1fJ~D(,-Y6,IO (11/1>, ~f~l/i? ) & g:r ~ ~AW7 Approved for agenda: ES 0 /;n.,. Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\.. .\9637\agreql15 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jose Aguila, R.A.~ Construction Mana r Date: October 21, 1996 Subject: AGENDA REQUEST 11/05/96 Water Treatment Plant - Pipe Gallery Painting Project No. 96-037 Staff request City Commission approve a deduct Change Order in the amount of $4,050.00 and Final Payment in the amount of $3,378.40 to Atlantis Environmental Engineering, Inc., for their work at the Water Treatment Plant - Pipe Gallery Painting project. The work has been completed as required by the Contract Documents. The deduct Change Order of$4,050.00 represents the portion of the $8,000.00 contingency allowance not used and therefore needs to be credited back to the City. The contractor has performed well, followed all pertinent conditions of the Contract and I would rate their performance as above satisfactory. cc: William Greenwood 11/05/96 Agenda File File 96-037 (A) s:\",\9637\agmeml15 . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. One (Final) PROJECT NO. 96-037 DATE: October 21, 1996 PROJECT TITLE: Water Treatment Plant - Pipe Gallery Painting Project TO CONTRACTOR: Atlantis Environmental Engineering, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final project reconciliation. Change Order represents amount of contingency allowance not used. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $35,044.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $35,044.00 COST OF CONSTRUCTION CHANGES THIS ORDER -$ 4,050.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $30,994.00 PER CENT DECREASE THIS CHANGE ORDER 11. 5 % TOTAL PER CENT DECREASE TO DATE 11.5 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 0 CALENDAR DAYS TO 10/17/96 date CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to ~ the cost of the original work contracted for under -y it JYj · C; . benefit of competitive bidding. CONT CTOR ~ (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER ENVIRONMENTAL SERVICES DEPT. 441-5143-536-46.10 DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER/DIRECTOR MAYOR ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK S:\...\9637\co1 ( ) - APPLICATION AND CERTIFICATE FOR J?AYMENIrJ l?z:-o::Jec:::t.: 'feu c:nor ~ DBLMY BBAC:B, BHVR. 8ERY Dn Application No: Four (4 ) ... 434 South Swinton Avenue FINAl:;' Delray Beach, FL 33444 Period To: 10/22/96 Attn: Mr. Jose Aguila Contract Date: 08/19./96 Environmental Services Dept. Via I Art:lU teet' s Project 110.: 9 6 _ 0 3 7 c:BAlCB ORDBM Al'PRCIYBD IH 'rSZS PUlCO Application 1s _de for par-nt as shOllll\ below. NO. DA'rB ADDUIOlfS DBDUC'rIClfS 'rba present status of the account for tlUs Contract i. .. follOWll: OJUGI""L C'OllTWoC: SUM ........................... $ 35 , 044 . 00 NET CBABCE BY CJWfCE ORDEJIS ..................... $( 4,050.00 COH'l'RAC': SUM 1'0 DATE ............................ $30,994.00 1'OrAL catPLftED , STORED m DATE ................ $ 3 0 , 9 9 4 . 00 RE'.rAIHAGE : 10' OF COMPLETED WORK ............... - $ . ,)'.00 1'OrAL RE'.rAIHAGE ................................. $ 0.00 1'OTAL EARNED LESS RETAIHAGE ..................... $27 , 615 . 60 CUJUtE!I'r: - ($4,050.00 ) 1'OrAL PREVIOUS NtOUH'rS CERrU'IBD ................ $. 2 7 , 5 15.. 6 0 t 1'OrAL FOR CIlRREH'1" PAYHEH'l' DUB ............................. $. 3, 3 7 8 . 40 PREVIOUS PERIODS: (4,050.00) BALMCB m PINIS8 PLUS RE'rAIlfAGE ................ $. 0,00 ~:- ($4,050.00) ~ CBRfIFIBD ................................ $ 3,378.40 I . CONTRACTOR · 5 APPLICATION FOR PAYMENT CERTIFIED BY Signed: ~;~ lY[, G~ Signed: By: t6-L>~/b By: Date: Date: :l}..' ,.J;.; ., -" / . MEMORANDUM 'IO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tlJ11 SUBJECT: AGENDA I'IEM # ?:r.. - REGULAR MEETING OF NOVEMBER 5, 1996 REALLOCATION OF FY 1997 ANTI -DRUG ABUSE A~ GRANT FUNDS DATE: NOVEMBER 1, 1996 On May 7, 1996, the City Conunission approved the proposed distribution of FY 1997 Anti -Drug Abuse Act Grant Funds. Palm Beach County's total allocation was $662,485, of which $188,126 was eannarked for a Juvenile Assessment Center (JAC). The JAC application for funding was subsequently withdrawn due to delays in building renovations. Hence, the Criminal Justice Commission is recommending that the $188,126 be reallocated as follows: Gang & Drug Resistance Education $ 84,063 (Palm Beach County Sheriff's Office) Weed and Seed Program 84,063 (West Palm Beach Police Department) Palm Beach County Youth Court 20,000 (PBC School Board Police) $188,126 -------- -------- The Florida Department of Community Affairs requires that 51 percent of the local units of goverrunent representing 51% of the county's population agree on the allocation of these funds. Chief OVerman has reviewed the proposed funding reallocation and reconunends approval. Reconunend approval of the reallocation of FY 1997 Anti-Drug Abuse Act Grant funds, and authorize sending the attached letter agreeing to the distribution of these funds. ref:agrnem05 . . . ._...._.-._..--,.-...'~ RECEIVED 10 IB't Iq~ CITY CLERK October 29, 1996 To all Palm Beach County Mayors: Criminal Justice Commission As you might recall, in April of this year, the Criminal Justice Commission serving as the Substance Abuse Advisory Board, sought your approval in the allocation of FY97 Anti Drug 301 N, Olive Avenue. Suite 1001 Abuse Act Grant (Edward Byrne) Funds. The total FY97 allocation to Palm Beach County was West Palm Beach. FL 33401-4705 $662,485. (561) 355-4943 Suncom: 273-4943 Subsequently, the CJC with agreement from the Department of Juvenile Justice withdrew the Juvenile Assessment Center (lAC) application for funding, due to extensive delays in building Fax: (561) 355-4941 renovations which have prevented them from opening. Thus, the CJC initiated a second RFP process for the $188,126 federal funds previously awarded to the JAC for FY97. The Criminal Justice Commission recommends that the $188,126 federal funding be reallocated as follows: . Title of Project Grant administered by Agency Federal Funds Donald M, Middlebrooks. Chairman Gang & Drug Resistance Palm Beach County Sheriff s $84,063 Education Office Max Davis. Vice Chairman Daniel R, McBride. Secretary Weed and Seed Program City of West Palm Beach- $84,063 Police Department Randolph K. Johnson. Sr., Treasurer Palm Beach County Youth Palm Beach County School $20,000 Court Board Police Executive Director Each agency must provide no less than a 25% cash match. L. Diana Cunningham The Florida Department of Community Affairs requires that 51 per cent of the local units of government representing 51 per cent of the county's population agree on the allocation of these funds. Since changes have been made in the funding request for FY97, new letters are needed for - approval of these changes. If you approve the new allocation as set forth above, please prepare a letter stating your approval. A sample letter has been provided for your use. Because funds need to be expended for FY97, time is of the essence. This letter must be received at the Criminal Justice Commission offices, no later than November 15, 1996 for the Board of County Commissioners to approve t.~e appliCations for funding at its' December 3, 1996 meeting. Please send the letter to: Criminal Justice Commission ATTN: Lisa Diamond 301 N. Olive Avenue, Suite 1001 West Palm Beach, FL 33401-4705 If you would like an explanation of these programs or have any questions, please contact me at 355-4943. Your immediate attention to this matter is greatly appreciated. Sincerely, ~J~ L. Diana Cunningham, Executive . An Equal Opportunity Affirmative Action Employer" XC: Doug Duncan, Chairman, Anti Drug Abuse Act Grant Coordinating Committee @ printed on recycled paper . j. ~ Memo CITY OF DELRAY 8~t3 TO: C,ly mlfn~'fE.e- DATE: / () I:;J.Cf /1 b ..r';':~ool FROM: f}6:Son /I n~ SUBJ: ..(,;;.;0.. III/oC!Hkon of Pf.{ 97 IIrrh. - f)~9 /l6u.SE- &.. c.U.O.1 lI~f G,eRn-f Fil/"''.) S ..C~3CO. .. ( C~ ~ Q .:. ..e:.e.e.. .,.f'(}GO.:, eeGGGoC! PleASE- 'RevieW {-he /I~tEd I 'J ~ ke rfhE 11/5 f}9E/)/J!;-. Flf:L. I uc Ina/GLded fhc. /;':;d:u.p } .4.om 'lhs pt:e%uS IJt:'p,eovf:Jl tn? .5/7/96. (! c.. !o en/E.I ()VE.em.4rJ t.e hi's I?eu I~ rt- 'R€.commEnclh'lt~n. ~ /~/,:l9/7G .~ "IT" -- , .. r: '" ~ --- r--( ~. '. ",-,'c; ~ .. ( ::.. It . f~ ' ' "~. ,~ . .. !" ;(' c: <l. .. fi ' . '.' Q . . .~' 'c'o.. .,. C~ ' " r). , , , . . '-,-, () :J S. ,:) 0 c)~5'J :J .:J ::) :> ,,:) :.5 ':>'J :9,,),:) U::J ..J ..J ..) . .' ~rn~.~..~ .'7<-.-- I c~~ /R /87 "'}6 .. Mr. Clayton Wilder Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 December 4, 1996 ( please use this date on letter) Dear Mr. Wilder: In compliance with the State of Florida Rule Chapter 9G-16.003(4)(d), the (city, village or town) approved the distribution of fthe Fiscal Year 1997 federally funded Drug Control and System nt (DCS Formula Grant Program, (aka: the Edward Byrne Memorial State ssistan rogram or the Anti-Drug Abuse Act Grant) funds for the ojects in Pal each County: instead be allocated Funds - Gang & Drug Resistance Education Weed and Seed Program $84, Palm Beach County Youth Palm Beach County Sc 001 $20, Court Board Police I understand that each of these programs will be required to provide cent cash match. Sincerely, Mayor, City of [IT~ DF DELRRY BEREH DELRA Y BEACH , I 0 . , n A t&e:d CITY CLERK 100 N,W, 1st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000 A11.Americac, '11It 1993 November 8, 1996 Ms. Lisa Diamond Criminal Justice Commission 301 N. Olive Avenue, Suite 1001 West Palm Beach, FL 33401-4705 Re: Reallocation of FY 1997 Anti-Drug Abuse Act Grant Funds Dear Ms. Diamond: In regular session on November 5, 1996, the De1ray Beach City Commission approved the reallocation of $188,126 federal funding as recorrunended by the Criminal Justice Conunission. As requested, the City's letter agreeing to the changes is enclosed for your use. If you have any questions, please do not hesitate to contact me at 561/243-7050. Sincerely, ~iJJd-j(~7 IIdy Alison MacGregor Harty City Clerk AMH/m Enclosure cc: David T. Harden, City Manager Richard G. CNerman, Chief of Police @ Pnnted on Recycled PB.;:Jer THE EFFORT ALWAYS MATTERS , . [ITY DF DELRAY BEA[H 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243,7000 December 4, 1996 tatd ~CIty Mr. Clayton Wilder " III! Bureau of Community Assistance Department of Community Affairs 1993 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Wilder: In compliance with the State of Florida Rule Chapter 9G-16.003(4)(d), the City Commission of the City of De1ray Beach approved the distribution of $662,485 of the Fiscal Year 1997 federally funded Drug Control and System Improvement (DeSI) Fonnula Grant Program (aka the Edward Byrne Memorial State and Local Assistance Program or the Anti-Drug Abuse Act Grant) funds for the following project wi thin Palm Beach County: Palm Beach County Sheriff's Office Multi-Agency Narcotics Unit $461,253 Palm Beach County Sheriff's Office Juvenile Assessment Center (JAC) $188,126 Criminal Justice Commission Program Administration $ 13,106 Due to delays in construction for JAC, we recommend that $188,126 instead be allocated to: Title of Project Administered By Federal Funds Gang & Drug Resistance Palm Beach County Education Sheriff's Office $84,063 Weed & Seed Program City of West Palm Beach Police Department $84,063 Palm Beach County Palm Beach County Youth Court School Board Police $20,000 We understand that each of these programs will be required to provide their own 25 percent cash match. Since ". THE EFFORT ALWAYS MATTERS MEMORANDUM To: City Commission From: David T. Harden, City Manager~1 Subject: Proposed Utility Tax Notes ($3,300,000) Date: October 18, 1996 The attached resolution authorizes the City to execute a line of credit agreement with SunTrust of up to $3,300,000 at a rate of 5,22% for the purpose of funding the City Hall Envelope Project, the Municipal Golf Course Dining Room Expansion and, if later approved, improvements to the Lakeview Golf Course Clubhouse and related facilities. The Finance Department has provided an analysis of bids received from various banks and recommends approval of the agreement with SunTrust. The agreement will allow for prepayment at any time without penalty, protect the City against rate changes caused by amendments to the tax laws, and to draw down funds as needed, I concur with their recommendation, c: R,S, O'Connor, Treasurer ~on~ /1/5/9b f.J: MEMORANDUM To: David T'crd~nager From: Joseph M. Sa r ' tor of Finance Subject: Proposed Utility Tax Notes ($3,300,000) Date: October 15, 1996 BackQround On October 11, 1996, the City Finance Department received bids for the above referenced financing for the purpose of funding the City Hall Envelope Project totalling $2,600,000 and the Golf Course Dining Room Expansion totalling $400,000, We bid the financing with an additional $400,000 so if project cost overruns occur the financing will already be in place, Once the analysis was prepared, the winning bidder agreed to increase the note by $300,000 for a total loan amount of up to $3,300,000 to allow the City the ability to draw on the Note in the event that proposed capital improvements to the Lakeview Golf Course Clubhouse are later approved by the City Commission. The terms and specifics of the request for bid are as follows: Term The term of the Note for an amount up to $2,600,000 to provide funding for the Envelope Project will be approximately 13 years, The term of the Note up to $400,000 to provide funding for the expansion of the Municipal Golf Course Dining Room and up to $300,000 for the construction or reconstruction of the Lakeview Golf Course Clubhouse and related facilities will be approximately 17 years. Security The Note will be secured by a subordinate pledge upon the City's receipt of Utilities Tax revenues, The Note will be subordinate to the City's Utilities Tax Revenue Refunding and Improvement Bonds, Series 1992 and 1994, and the City's Utilities Tax Revenue Bonds, series 1995 currently outstanding in the aggregate principal amount of $19,085,000 and any other parity additional bonds issued pursuant to the Bond Resolution, The debt service coverage calculated with the current and proposed debt service is at 2,11 which is more than adequate coverage, Prepayment Provisions/Gross-up Provisions The City asked the banks to bid with and without a "prepayment penalty" as well as with and without a "gross-up provision", The "prepayment penalty" is a fee charged or a premium paid by the City in the event the City chooses to prepay the note, The penalty described by the bidding banks is based upon a formula which basically protects the banks from any loss due to a decrease in the interest rate at the time of prepayment. If the rates are higher at the time of prepayment there would be no prepayment penalty, A "gross-up provision" is a protection for the bank that, in the event of a change in the tax law the bank, the bank would be allowed to increase the rate of the financing to the bank's effective yield. ._.~ Bid Responses The City received both fixed and variable rate responses from Barnett Bank, First Union, Northern Trust, and SunTrust (See Attachment A), To determine the bid award we applied the fixed interest rate quotes to the proposed debt service on the original bid amount of $3,000,000 and computed a total interest cost and then added in any legal or out of pocket expenses to be charged by the bank to determine the total cost to the City (See Attachment B). We did not compute the total cost of proposed variable rate loans since it is difficult to project rates for a 17 year period, It is also our feeling that the rates are near the lowest in years and that it is in the City's best interest to lock in a fixed rate and, therefore, only seriously looked at the fixed rate scenarios, Recommendation We recommend (Option 1) the fixed rate financing option without the "penalty" language and without the "gross up" language offered by SunTrust. This option is the third lowest alternative offered by the banks. The lowest bid (Option 4) was not a consideration for various reasons, First, the rates submitted by First Union were not firm. Secondly, for an additional $2,767, SunTrust would provide the City with a locked-in rate, i,e" the rate would not be increased due to a change in the tax laws (Option 3), Finally, there were many inconsistencies in the bid offered by First Union and due to the inconsistencies we threw out the bid response, Although Option 3 with SunTrust has the second lowest interest rate, it was eliminated from the decision process due to the fact that all funds would be required to be drawn down at closing. Based upon current estimates of the Envelope Project, this would mean that the City would be paying debt service on an amount up to $700,000 that was not needed, Equally important, is the fact that the City would incur a penalty if it chose to refinance under this option. By choosing Option 1, the City would be able to draw funds as needed and would pay debt service on only those funds, If the construction bids come in higher than anticipated or if change orders occur, the City would have the flexibility to draw down funds over what is currently anticipated. Additionally, with a rate increase of, 13% or an additional $37,000 over the life of the Note (the difference between SunTrust Option 1 and 3) the City would have the comfort to prepay or refinance without penalty, Our feeling is that this would be a small price to pay for this comfort, In summary, we recommend Option 1 with SunTrust which provides long term financing with a rate of 5,22%; allows for prepayment at any time without penalty; protects the City against rate changes contingent upon amendments to the tax laws; and allows the City to draw down funds as needed, c: R.S, O'Connor, Treasurer <C ~ ~ ~ 8'" w CIl - U w ! ... 3~; ~I-~lii ~ ~ "# If. ~~@ Ii lii~tti~ !: ~ ~~ ~~ g~~ ~ ~ ~ ~ ~ ~ ~o~~ <c i on on :lQ.!Z ... CIlw.,,~ :J > w WC)N en <(!!1cz:: cz::<(";C) cClla: -CZ::I-Z ~~a @~~~ a:u.....!!1 z~'" 0 ~ ~: oJ. 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C a..... ..J ca......... wJ:<(C w ~ <3 ooc wi:i3c w :I: <( C w~<3~ xl-Cll- ~ ~~ b ~ ~~ b xl-ell- ii: ~~ ~ IL l- lL l- ii: ~~ ~ ~cn~~ 0- N ... ... 1ft Z Z Z Z Z 0 0 0 0 0 ~ i= i= i= i= a. a. a. a. 0 0 0 0 0 RESOLUTION NO. 79-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,300,000 IN AGGREGATE PRINCIPAL AMOUNT OF UTILITIES TAX REVENUE BONDS, SUBORDINATE SERIES 1996, OF THE CITY OF DELRA Y BEACH, FLORIDA FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF DESIGN, ENGINEERING, CONSTRUCTION AND EQUIPPING OF CERTAIN MUNICIPAL PROJECTS; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO SUNTRUST BANK, SOUTH FLORIDA, N.A.; PROVIDING FOR THE TERMS AND PAYMENT OF SAID UTILITIES TAX REVENUE BONDS, SUBORDINATE SERIES 1996, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID UTILITIES TAX REVENUE BONDS, SUBORDINATE SERIES 1996; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A LINE OF CREDIT AGREEMENT WITH SUNTRUST BANK, SOUTH FLORIDA, N.A.; DESIGNATING THE UTILITIES TAX REVENUE BONDS, SUBORDINATE SERIES 1996 AS "QUALIFIED TAX- EXEMPT OBLIGATIONS" WITHIN THE MEANING OF SECTION 265(b) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida (the "City Commission"), hereby determines that it is in the best interest of the City of Delray Beach, Florida (the "City"), (i) to make certain renovations to City Hall including the fortification and hardening of the walls thereof to better protect said building from windstorm damage, (ii) to purchase and install a new air conditioning system for City Hall, (iii) to renovate and remodel all or a part of the Finance Department within City Hall, and (iv) to renovate, remodel and expand the golf course dining facility located at the City's municipally owned golf course clubhouse and (v) if approved by subsequent proceedings of the Commission, to make improvements and renovations to the City's Lakeview golf course clubhouse or in the alternative, to finance the acquisition and construction of a new facility (collectively, clauses (i) through (v) are referred to as the "Improvements"); and WHEREAS, the City may replace anyone or more of the components of the Improvements with other capital projects in the manner provided in Section 3.6 hereof; and WHEREAS, the City Commission hereby determines that it would be in the best economic interest of the City to finance the costs of the Improvements and all incidental and necessary costs relating thereto (collectively, the "1996 Project"); and WP81SAHFOROSI95ZSI, 7116787.010400111/01/96 Resolution No. 79-96 WHEREAS, pursuant to the terms and provisions of this Resolution, the City shall issue at one time or from time to time a series of obligations known as "City of Delray Beach, Florida Utilities Tax Revenue Bonds, Subordinate Series 1996" (herein, the "1996 Bonds") to finance the costs of the 1996 Project including the costs of issuing such 1996 Bonds; and WHEREAS, the 1996 Bonds shall be secured by a pledge of and lien on the proceeds of the Utilities Tax (as such term is defined below), subject and subordinate in all respects to the pledge of and lien on such Utilities Tax proceeds for the payment of Senior Obligations (as such term is defined below); and WHEREAS, City staff has previously solicited bids from qualified lending institutions to provide a line of credit or term loan as the vehicle by which the 1996 Bonds are to be issued and the 1996 Project is to be fmanced; and WHEREAS, City staff has determined and the City Commission hereby concurs that SunTrust Bank:, South Florida, N.A., a national banking association with its designated office in West Palm Beach, Florida (herein, the "Bank") has provided the best overall bid to the City; and WHEREAS, the City Commission hereby finds that in light of present market conditions, the aforementioned bid provided by the Bank, the subordinate nature of the 1996 Bonds, and other factors described herein, it would be in the best interest of the City to sell the 1996 Bonds to the Bank: on a negotiated basis pursuant to the terms and provisions of this Resolution and that certain Line of Credit Agreement dated as of November 1, 1996 (herein, the "Agreement") by and between the City and the Bank in substantially the form attached hereto as Exhibit A; and WHEREAS, the City does not expect to issue more than $10,000,000 of its tax-exempt obligations in calendar year 1996, and based upon the advice of its Bond Counsel, the City Commission shall designate the 1996 Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b) of the Code. NOW, THEREFORE, be it resolved by the City Commission of the City of Delray Beach, Florida, as follows: ARTICLE I STATUTORY AUTHORITY; FINDINGS AND DEFINITIONS SECTION 1.1 AUTHORITY FOR TIDS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Charter of the City of Delray Beach, Florida, as amended and supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as amended and supplemented, and other applicable provisions of law (collectively, the "Act"). WP8\SANFORIJS\9525I, 7\16787 ,010400\11101196 2 Resolution No. 79-96 SECTION 1.2 FINDINGS. It is hereby ascertained, determined and declared: (a) That the City hereby authorizes the following capital projects and the fmancing of such capital projects namely: (i) to make certain renovations to City Hall including the fortification and hardening of the walls thereof to better protect said building from windstorm damage; (ii) to purchase and install a new air conditioning system for City Hall, (iii) to renovate and remodel all or a part of the Finance Department within City Hall, and (iv) to renovate, remodel and expand the golf course dining facility located at the City's municipally owned golf course clubhouse, (v) if approved by subsequent proceedings of the Commission, to make improvements and renovations to the City's Lakeview golf course clubhouse or in the alternative, to finance the acquisition and construction of a new facility (collectively, clauses (i) through (v) are referred to as the "Improvements"); and (vi) to pay all other incidental and necessary costs and expenses associated therewith, as more fully set forth in Section 1.2(d) hereof (the Improvements, together with such other costs and expenses, are collectively referred to as the "1996 Project"). The 1996 Project shall be financed from all or a part of the proceeds derived from the 1996 Bonds issued pursuant to this Resolution, all in accordance with plans and specifications filed or to be filed with and approved or to be approved by the City Commission. For purposes of Section 2.2 ofthis Resolution, it is assumed that the projects described in clauses (i), (ii) and (iii), in clause (iv), and in clause (v) are being fmanced with three (3) separate series of 1996 Bonds, respectively, each series bearing interest at the Interest Rate, but with different maturity dates, maturity amounts and annual mandatory prepayment installments for each series, all as set forth on Exhibit C attached hereto and by this reference incorporated herein. (b) That it is necessary and essential to construct and acquire the 1996 Project for the health, and safety of the residents of the City and in order to preserve and promote tourism and recreation in the City and that such 1996 Project will be in the best economic interest of the City. (c) That the Improvements will serve a valid municipal purpose. (d) That the cost of the Improvements shall be deemed to include, but not be limited to, the cost of construction and improvements, the cost of real estate, including easements and other interests therein, or any other property real or personal, necessary therefor; administrative expenses; engineering and legal expenses; expenses for fiscal agents or financial services; the fees and expenses of Bond Counsel; expenses for estimates of costs; expenses for plans, specifications and surveys; and such other expenses as may be necessary or incidental to the Improvements and the issuance of the 1996 Bonds herein authorized. (e) That pursuant to the terms and provisions of the Original Resolution (as herein defined), the City has heretofore issued and has now outstanding its Utilities Tax Revenue Refunding and Improvement Bonds, Series 1992, its Utilities Tax Revenue Refunding and Improvement Bonds, Series 1994 and its Utilities Tax Revenue Bonds, Series 1995 (herein collectively, the "Prior Senior Obligations"). (f) That pursuant to the Utilities Tax Ordinance (as herein defined), the City has been levying a tax on the purchase of certain utilities services as more particularly described in Section WPBlSANFOROSI 95251, 71 167B7. 0104001 1l/01/96 3 Resolution No. 79-96 1.3 hereof (herein, the "Utilities Tax"), the proceeds of such tax are not pledged or encumbered, in whole or in part, in any manner or for any purpose other than for the payment of the Prior Senior Obligations. (g) That the principal of and interest on the 1996 Bonds shall be secured solely by and paid from the Pledged Revenues (as herein defined); and the ad valorem taxing power of the City will never be necessary or authorized to pay the principal of and interest on the 1996 Bonds, and the 1996 Bonds issued pursuant to this Resolution shall not constitute a lien upon any other property whatsoever of or in the City. (h) That the City, having previously solicited bids for the sale of the 1996 Bonds, has determined that the best qualified bid for the 1996 Bonds was delivered by the Bank. (i) That the negotiated sale of the 1996 Bonds to the Bank is in the best interest of the City by reason of the nature of and schedule for the completion of the 1996 Project, the aforementioned solicitation of bids, present market conditions and the subordinate nature of the 1996 Bonds. G) That the Agreement, in the form attached hereto as Exhibit A, is hereby approved, with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof and the Mayor (or in his absence, the Vice Mayor) and City Clerk are hereby authorized to execute the same on behalf of the City. (k) The City hereby designates the 1996 Bonds to be "qualified tax-exempt obligations" within the meaning of Section 265(b) of the Code. (1) That pursuant to the provisions of the Original Resolution, the City may issue, obligations on parity with the Prior Senior Obligations. SECTION 1.3 DEFINITIONS. That, in addition to terms defmed elsewhere in this Resolution, the following terms shall have the following meanings unless the context otherwise clearly requires: (a) "Act" shall mean the Florida Constitution, Chapter 166, Florida Statutes, as amended and supplemented, the Charter of the City of Delray Beach, Florida, as amended and supplemented, and other applicable provisions of the law. (b) "Amortization Assumption" shall mean with respect to any Senior Obligation or Parity Obligation issued pursuant to the provisions of the Original Resolution, this Resolution or any other resolution of the City, that does not have scheduled amortization, the assumption that the principal amount of such Senior Obligation or Parity Obligation is payable in substantially equal amounts each year over the term of each Parity Obligation. (c) "Authorized Investments" shall mean any of the following: WPB\SANFOROS\9S2SI, 7\167B7. 010400\11101196 4 Resolution No, 79-96 (1) u.s. Obligations; (2) bonds, debentures, notes or other evidences of indebtedness payable in cash issued by anyone or a combination of any of the following federal agencies: Farmer's Home Administration (or its successor), Federal Housing Administration, Maritime Administration, Public Housing Authority, Govemn1ent National Mortgage Association; (3) the following investments fully insured by the Federal Deposit Insurance Corporation ("FDIC") (i) certificates of deposit, (ii) savings account, (iii) deposit accounts, or (iv) depository receipts of a bank, savings and loan associations and mutual savings bank; (4) certificates of deposit, either in excess of FDIC insurance or without FDIC insurance, properly secured at all times, by collateral security described in clause (a) and (b) above or secured as required for a "qualified public depository" under the Florida Security for Public Deposits Act, being Chapter 280, Florida Statutes, as amended, or any successor statute. Such agreements are only acceptable with commercial banks, savings and loan associations and mutual savings banks or other "qualified public depository"; (5) commercial paper rated in one of the two highest rating categories by at least two, nationally recognized rating agencies or commercial paper backed by a letter of credit or line of credit rated in one of the two highest rating categories; (6) written repurchase agreements with any bank, savings institution or trust company which is insured by the FDIC or with any broker dealer with retail customers which falls under Securities Investors Protection Corporation protection, provided that such repurchase agreements are fully secured by collateral security described in clause (1) above, and provided further that (i) such collateral is held by the City or any agent acting solely for the City during the term of such repurchase agreement, (ii) such collateral is not subject to lien or claims of third parties, (iii) such collateral has a market value (determined at least once every 14 days) at least equal to the amount invested in the repurchase agreement, (iv) the City has a perfected first security interest in the collateral, (v) the agreement shall be for a term not longer than 270 days, and (vi) the failure to maintain such collateral at the level required in (iii) above will require the City to liquidate the collateral; (7) money market funds rated in the highest rating category of either Standard & Poor's or Moody's Investors Service, or any successor thereto; (8) investments in the Local Government Surplus Funds Trust Fund established pursuant to Part IV of Chapter 218, Florida Statutes, as amended, or any successor trust fund established for the investment of surplus municipal funds; and (9) any other investments permitted under Florida law and acceptable to the Bank. WPBlSAHfORlJSI9SZ51, 71 167B7 ,010400111/01196 5 Resolution No. 79-96 (d) "Bank" shall mean SunTrust Bank, South Florida, N.A., the initial Bondholder. (e) "Bond Counsel" shall mean Greenberg Traurig Hoffman LipoffRosen & Quentel, P.A. or any other fIrm of nationally recognized bond counsel selected by the City. (f) "City" shall mean the City of Delray Beach, Florida, a municipal corporation in the County of Palm Beach, State of Florida, and its successors and assigns. (g) "City Commission"" shall mean the du1y constituted governing body of the City. (h) "Code" shall mean the Internal Revenue Code of 1986, as amended, the applicable Treasury Regulations promulgated thereunder and any administrative or judicial interpretations of the same published in a form on which the City may rely as a matter of law. (i) "Debt Service Fund" shall mean the Delray Beach Subordinated Utilities Tax Revenue Bond Debt Service Fund, created and established pursuant to this Resolution and which is the fund in which the Pledged Revenues shall be deposited by the City for the payment of the 1996 Bonds in accordance with the provisions hereof. CD "Defeasance Obligations" shall mean, to the extent permitted by law, the following securities: (1) U.S. Obligations; (2) Any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state (i) which are not callable prior to maturity or as to which irrevocable instructions have been given to the trustee of such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified in such instructions, (ii) which are secured as to principal and interest and redemption premium, if any, by a fund consisting only of cash or bonds or other obligations of the character described in clause (1) hereof which fund may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the redemption date or dates specified in the irrevocable instructions referred to in subclause (i) of this clause (2), as appropriate, and (iii) as to which the principal of and interest on the bonds and obligations of the character described in clause (1) hereof which have been deposited in such fund along with any cash on deposit in such fund are sufficient to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this clause (2) to and including the maturity date or dates thereof or to and including the redemption date or dates specified in the irrevocable instructions referred to in subclause (i) of this clause (2), as appropriate; (3) Evidences of indebtedness issued by the Federal Home Loan Banks, Federal Home Loan Mortgage Corporation (including participation certificates), Federal Financing WP81SA11FQROSI9SZS1, 7116787 ,Ol0400111/01/96 6 Resolution No. 79-96 Banks, or any other agency or instrumentality of the United States of America created by an act of Congress provided that the obligations of such agency or instrumentality are unconditionally guaranteed by the United States of America or any other agency or instrumentality of the United States of America or of any corporation wholly-owned by the United States of America; and (4) Evidences of ownership of proportionate interests in future interest and principal payments on obligations described in clause (1) above held by a bank or trust company as custodian. (k) "Interest Rate" shall mean the rate of interest on the 1996 Bonds which, when calculated on an actual 365/366-day year basis, shall be equal to five and twenty-two hundredths percent (5.22%) per annum. (1) "Maturity Date" shall mean, with respect to the unpaid principal of and interest on the 1996 Bonds, June 1, 2013. (m) "1996 Bonds" shall mean the not to exceed $3,300,000 aggregate principal amount of Utilities Tax Revenue Bonds, Subordinate Series 1996, authorized by this Resolution. (n) "Owner," "Bondholder" or "registered holder" or any similar term shall mean the Bank or, subject to the provisions of Section 2.4 hereof, any successor registered holder of the 1996 Bonds, provided that there shall never be more than 1 registered holder at anyone time. (0) "Original Resolution" shall mean Resolution No. 98-91, adopted by the City Commission on December 3, 1991, as amended and supplemented. (p) "Parity Obligations" shall mean any notes, bonds or other forms of indebtedness, payable from the Pledged Revenues on parity with the 1996 Bonds, whether or not such obligations are issued under this Resolution. (q) "Paying Agent" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceeding, any bank or trust company and any successor bank or trust company appointed by the City to act as Paying Agent hereunder. (r) "Payment Date" shall mean each June 1 and December 1, commencing June 1, 1997, the Maturity Date and any date the principal of the 1996 Bonds is optionally prepaid in whole or in part. (s) "Pledged Revenues" shall mean all moneys on deposit in the Debt Service Fund derived from the proceeds of the Utilities Tax required to be deposited therein each month after the deposits required by Article III, Section 4.D of the Original Resolution have been made by the City, subject in all respects to the prior lien on such moneys for the payment of Senior Obligations. WP8\SANFORDS\9S2SI, 7\ 16787.010400\11101/96 7 Resolution No. 79-96 (t) "Prime Rate" shall mean the annual interest rate announced by SunTrust Banks, Inc. from time to time as its prime rate, which interest rate is only a bench mark, is purely discretionary and is not necessarily the best or lowest interest rate charged borrowing customers of any subsidiary bank of SunTrust Banks, Inc. (u) "Prior Senior Obligations" shall mean the City's outstanding Utilities Tax Revenue Refunding and Improvement Bonds, Series 1992, its Utilities Tax Revenue Refunding and Improvement Bonds, Series 1994 and its Utilities Tax Revenue Bonds, Series 1995. (v) "Registrar" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceeding, any bank or trust company and any successor bank or trust company appointed by the City to act as Registrar hereunder. (w) "Resolution" shall mean this Resolution as the same may from time to time be amended and supplemented in accordance with the terms hereof, (x) "Senior Obligations" shall mean the Prior Senior Obligations and any pari passu additional Bonds issued pursuant to the provisions of Section 4.G of Article III of the Original Resolution. (y) "Tax Certificate" shall mean the Arbitrage Certificate of the City executed on the date of initial delivery of the 1996 Bonds. (z) flU. S. Obligations" shall mean the direct obligations of, or obligations on which the timely payment of principal and interest are unconditionally guaranteed by the United States of America, and, if determined by subsequent proceedings of the City Commission, certificates which evidence ownership of the right to the payment of the principal of, or interest on, such obligations. (aa) "Utilities Tax" shall mean the tax imposed by the City on each and every purchase in the City of electricity, metered and bottled gas (natural liquified petroleum gas or manufactured) and telecommunication services. Said term shall also apply to all taxes imposed by the City on the purchase of utility services, whether levied in the amounts prescribed by the Utilities Tax Ordinance or in any other amounts and whether imposed on the purchase of the same utilities services or any other or additional utilities services, either by amendment to the Utilities Tax Ordinance or otherwise. (ab) "Utilities Tax Ordinance" shall mean all proceedings imposing the Utilities Tax, including Ordinance No. 535 of the City adopted on July 9, 1945, as amended, and every supplementary ordinance or other ordinance in lieu thereof as may hereafter be adopted. Words importing singular number shall include the plural number and vice versa, as the case may be, and words importing persons shall include firms and corporations. WP8\SANFOROS\9525I, 7\16787.010400\11/01/% 8 Resolution No. 79-96 SECTION 1.4 RESOLUTION CONSTITUTES CONTRACT. In consideration of the acceptance of the 1996 Bonds authorized to be issued hereunder by those who shall own the same from time to time, this Resolution shall be deemed to be and shall constitute a contract between the City and the Bondholders and the covenants and agreements herein and therein set forth to be performed by said City shall be for the benefit, protection and security of the Bondholders. ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF 1996 BONDS SECTION 2.1 AUTHORIZATION OF 1996 BONDS. Subject and pursuant to the provisions of this Resolution, obligations of the City of Delray Beach, Florida, to be known as "Utilities Tax Revenue Bonds, Subordinate Series 1996" are hereby authorized to be issued in the aggregate principal amount of not exceeding Three Million Three Hundred Thousand Dollars ($3,300,000) for the purpose of financing the costs of the 1996 Project. SECTION 2.2 DESCRIPTION OF 1996 BONDS. The text of the 1996 Bonds shall be substantially in the form attached hereto as Exhibit B with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof. The 1996 Bonds (initially issued in one (1) typewritten certificate) shall be dated the date of initial issuance. Unless the interest rate on the 1996 Bonds is converted to the Prime Rate pursuant to the provisions of Section 2.7 hereof, the 1996 Bonds shall bear interest on the outstanding principal amount of the 1996 Bonds from time to time at the Interest Rate and shall be payable on each Payment Date, commencing June 1, 1997. Principal of the 1996 Bonds shall be payable on each June I commencing June 1, 1997, in the amounts set forth below, provided however that the amortization schedule shall be adjusted by the City pursuant to the provisions of the next succeeding paragraph, if the City shall issue less than $3,300,000 in principal amount of 1996 Bonds or if the City shall require a different allocation of proceeds of the 1996 Bonds then that provided on Exhibit C attached hereto. If the provisions of the next succeeding paragraph become applicable, the City shall provide to the Bank a new amortization schedule by not later than the close of business on May 31, 1997, which new schedule shall be conclusive and binding on the City and the Bank, absent manifest error. All unpaid principal of the 1996 Bonds and all accrued and unpaid interest on the 1996 Bonds shall be payable on the Maturity Date. The 1996 Bonds shall be issued in registered form. Date Amount 1997 $ 54,000 1998 102,000 1999 133,000 2000 139,000 2001 147,000 2002 153,000 2003 180,000 2004 197,000 2005 209,000 2006 216,000 2007 233,000 2008 241,000 WPBlSANFllRllSI 95251. BI 16787 ,QI04QQ\ll/04/96 9 Resolution No. 79-96 Date Amount 2009 1,072,000 2010 52,000 2011 54,000 2012 57,000 2013 61,000 If the City does not allocate $2,600,000 in proceeds of the 1996 Bonds for the Improvements listed for column (1) on Exhibit C the principal amounts listed in column (1) may be reduced by multiplying each of such principal amounts by a fraction, the numerator being the actual amount of proceeds of the 1996 Bonds allocated for the Improvements listed for column (1) and the denominator being $2,600,000 or in the alternative, the City will continue to make the principal payments listed in column (1) until the total principal amount allocated for such Improvements is repaid. If the City shall allocate more than $2,600,000 of the proceeds of the 1996 Bonds to such Improvements listed for column (1), the City shall have the option of either increasing each principal payment in column (1) on Exhibit C pro rata by the amount of such increased amount or by repaying the increased amount on the June 1, 2009 Payment Date. If the City shall allocate more than $400,000 of the proceeds of the 1996 Bonds for the Improvements listed for column (2), the City shall repay the $400,000 in accordance with the schedule in column (2) and repay such increased principal amount not later than the June 1, 2013 Payment Date. If the City does not allocate $300,000 in proceeds of the 1996 Bonds for the Improvements listed for column (3) of Exhibit C, the principal amounts listed in column (3) of Exhibit C will be reduced by multiplying each of such principal amounts by a fraction, the numerator being the actual amount of proceeds of the 1996 Bonds allocated for the Improvement listed for column (3) and the denominator being $300,000. If the City shall allocate more than $300,000 of the proceeds of the 1996 Bonds for the Improvements listed in column (3), the City shall have the option of either increasing each principal, payment in column (3) pro-rata by the amount of such increased amount or by repaying the increased amount on the June 1, 2013 Payment Date. Principal and interest on the 1996 Bonds shall be payable at the office of the Paying Agent (the designated corporate trust office of the Paying Agent if the City's Finance Department is not the Paying Agent). The 1996 Bonds shall be numbered in such manner as may be prescribed by the Registrar. The 1996 Bonds shall be payable, with respect to interest and principal, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. The City may prepay the 1996 Bonds in whole or in part, at any time or from time to time, without penalty or premium, by paying to the registered holder all or part of the principal amount of the 1996 Bonds, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Such accrued and unpaid interest shall be payable on the next succeeding Payment Date. Each prepayment shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the registered owner not less than two (2) business days prior thereto. If such prepayment shall be for only a portion of the unpaid principal balance of the 1996 Bonds, the City shall provide in such written WP81SAHFOAOSI9S2SI, 81 16787 . 010400\11/04/96 10 Resolution No. 79-96 notice, which future amortization installments shall be reduced as a result of such prepayment. Notice having been given as aforesaid, the principal amount stated in such notice or the whole thereof, as the case may be, shall become due and payable on the prepayment date stated in such notice; and the amount of principal shall be paid (i) in case the entire unpaid balance of the principal of the 1996 Bonds is to be paid, upon presentation and surrender of the 1996 Bond or 1996 Bonds to the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department), and (ii) in case only part of the unpaid balance of principal of the 1996 Bonds is to be paid, upon presentation of such 1996 Bond or 1996 Bonds at the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the amount of principal then paid or for issuance of a replacement 1996 Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all of the 1996 Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the principal without surrender of the 1996 Bonds. If, on the prepayment date, funds for the payment of the principal amount to be prepaid shall have been provided to the Paying Agent, as above provided, then from and after the prepayment date interest on such principal amount of the 1996 Bonds shall cease to accrue. If said funds shall not have been so paid on the prepayment date with respect to principal and on the next succeeding Payment Date with respect to interest, the principal amount of the 1996 Bonds shall continue to bear interest until payment thereof at the Interest Rate or Prime Rate, as the case may be. SECTION 2.3 EXECUTION OF THE 1996 BONDS. The 1996 Bonds shall be executed in the name of the City by the signature of the Mayor of the City and its official seal shall be affixed thereto or imprinted or reproduced thereon and attested by the City Clerk. The signatures of the Mayor of the City and City Clerk on the 1996 Bonds may be manual or facsimile signatures. In case anyone or more of the officers who shall have signed or sealed the 1996 Bonds shall cease to be such officer of the City before the 1996 Bonds so signed and sealed shall have been actually sold and delivered, such 1996 Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such 1996 Bonds had not ceased to hold such office. The 1996 Bonds may be signed and sealed on behalf of the City by such person who at the actual time of the execution of the 1996 Bonds shall hold the proper office, although at the date the 1996 Bonds shall be actually delivered such person may not have held such office or may not have been so authorized. The 1996 Bonds shall bear thereon a certificate of authentication, in the form set forth on Exhibit B attached hereto, executed manually by the Registrar (when the City's Finance Department shall act as Registrar, the certificate of authentication shall be manually executed by the City's Finance Director). Only the 1996 Bonds as shall bear thereon such certificate of authentication shall be entitled to any right or benefit under this Resolution and no 1996 Bonds shall be valid or obligatory for any purpose until such certificate of authentication shall have been dul y executed by the Registrar. The certificate of authentication of the Registrar upon the 1996 Bonds executed on behalf of the City shall be conclusive evidence that the 1996 Bonds so authenticated have been duly authenticated and delivered under this Resolution and that the Owner thereof is entitled to the benefits of this Resolution. WP81 SANFORDSI95251. 7116787.010400111/01/96 11 Resolution No. 79-96 SECTION 2.4 NEGOTIABILITY . REGISTRA TION AND CANCELLATION. The Registrar shall keep books for the registration of the 1996 Bonds and for the registration of transfers of the 1996 Bonds. The 1996 Bonds shall be transferable at the option of the registered Owner thereof to an institutional holder, but subject to the prior written approval of the City's Director of Finance (which shall not be unreasonably withheld if the intended transferee provides a suitability letter addressed to the City as to the sophistication of the investor) unless such institutional holder is a bank or trust company, or unless such institutional holder, which is not a bank or trust company, certifies in writing to the City prior to the transfer that it is an accredited investor within the meaning of Rule 501 of the Securities Act of 1933, as amended and supplemented, in which case such approval shall not be required, and upon surrender thereof at the office of the Registrar (the designated corporate trust office of the Registrar if the City's Finance Department is not the Registrar) with a written instrument of transfer satisfactory to the Registrar duly executed by the registered Owner or his duly authorized attorney. Upon the transfer of such 1996 Bond, the City shall issue in the name of the transferee a new 1996 Bond. The City, the Paying Agent and the Registrar shall deem and treat the person in whose name the 1996 Bonds shall be registered upon the books kept by the Registrar as the absolute Owner of such 1996 Bonds, whether such 1996 Bonds shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such 1996 Bonds as the same become due and for all other purposes. All such payments so made to any such Owner or upon hislher order shall be valid and effectual to satisfy and discharge the liability upon such 1996 Bonds to the extent of the sum or sums so paid, and neither the City, the Paying Agent nor the Registrar shall be affected by any notice to the contrary. In all cases in which the privilege of transferring the 1996 Bonds is exercised, the City shall execute and the Registrar shall authenticate and deliver the 1996 Bonds in accordance with the provisions of this Resolution. The 1996 Bonds surrendered in any such transfers shall forthwith be delivered to the Registrar and canceled by the Registrar in the manner provided in this Section. There shall be a reasonable charge for any transfer of the 1996 Bonds, and the City or the Registrar (if not the City's Finance Department) may require the payment of a sum sufficient to pay any tax, fee or other governmental charges required to be paid with respect to such transfer. The 1996 Bonds paid or redeemed, in whole, either at or before maturity, shall be delivered to the Registrar when the payment or redemption is made, and such 1996 Bonds shall thereupon be promptly canceled. The 1996 Bonds so canceled may at any time be destroyed by the Registrar, who shall execute a certificate of destruction in duplicate by the signature of one of its authorized officers describing the 1996 Bonds, and one executed certificate shall be filed with the City and the other executed certificate shall be retained by the Registrar (if not the City's Finance Department). SECTION 2.5 MUTILATED. DESTROYED. STOLEN OR LOST 1996 Bonds. In case any 1996 Bond shall become mutilated, destroyed, stolen or lost, the City shall execute and the Registrar shall authenticate and deliver a new 1996 Bond of like date, maturity and WPBI5ANFOIlllSI95251. 7\16787.010400111/01/96 12 Resolution No. 79-96 denomination as the 1996 Bond so mutilated, destroyed, stolen or lost; provided that, in the case of any mutilated 1996 Bond, such mutilated 1996 Bond shall first be surrendered to the City and, in the case of any lost, stolen or destroyed 1996 Bond, there shall first be furnished to the City and the Registrar (if not the City's Finance Department) evidence of such loss, theft, or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the event the 1996 Bonds shall be about to mature or have matured, instead of issuing a duplicate 1996 Bond, the City may pay the same without surrender thereof. The City and the Registrar (if not the City's Finance Department) may charge the Owner of such 1996 Bond their reasonable fees and expenses in connection with this transaction. Any 1996 Bonds surrendered for replacement shall be canceled in the same manner as provided in Section 2.4 hereof. Any such duplicate 1996 Bond issued pursuant to this Section shall constitute additional contractual obligations on the part of the City, whether or not the lost, stolen or destroyed 1996 Bond be at any time found by anyone, and such duplicate 1996 Bonds shall be entitled to equal proportionate benefits and rights as to lien on the source and security for payment from Pledged Revenues with the 1996 Bond issued hereunder. SECTION 2.6 CONDITIONS FOR ISSUANCE OF THE 1996 BONDS. Prior to the issuance of the 1996 Bonds, the City shall comply with the following conditions: (a) Deliver to the Bank a fully executed Tax Certificate; and (b) Deliver to the Bank a copy of a completed and executed Form 8038-G to be filed by the City with the Internal Revenue Service; and (c) Deliver to the Bank an opinion of Bond Counsel, satisfactory to the Bank, regarding the due authorization, execution, delivery, validity and enforceability of the 1996 Bonds and the due adoption of this Resolution (enforceability of such instruments may be subject to standard bankruptcy exceptions and the like) and the exclusion of interest on the 1996 Bonds from gross income for federal income tax purposes, that the 1996 Bonds are not specified "private activity bonds" within the meaning of Section 57(a)(5) of the Code and, therefore, the interest on the 1996 Bonds will not be treated as a preference item for purposes of computing the alternative minimum tax imposed by Section 55 of the Code (however, a portion of the interest on the 1996 Bonds owned by corporations may be subject to the federal alternative minimum tax which is based in part on adjusted current earnings). Such opinion shall also state that the 1996 Bonds are "qualified tax-exempt obligations" within the meaning of Section 265(b) of the Code; and (d) Deliver to the Bank an opinion of the City Attorney, satisfactory to the Bank, regarding the due authorization, execution, delivery, validity and enforceability of the 1996 Bonds, the Agreement and the due adoption of this Resolution (enforceability may be subject to standard bankruptcy exceptions and the like); and WPBI5ANFOROSI95251. 71 167B7. 010400111/01/96 13 Resolution No. 79-96 (e) Deliver to the Bank a general certificate of the City in form satisfactory to the Bank certifying, among other things, that the City is in compliance with the term of the Original Resolution. To the extent that the City does not issue all of the $3,300,000 in principal amount of 1996 Bonds at the time of initial issuance, the City shall provide written notice to the Bank (signed by the City Manager, Finance Director or Treasurer of the City) of the City's intention to draw additional amounts under the Agreement at least two (2) business days prior to the date the City intends to receive the funds. Such notice shall confirm that the City is in compliance with terms and provisions of this Resolution and the Original Resolution. Such additional amounts drawn under the Agreement shall constitute additional principal amount of 1996 Bonds without any further action required. SECTION 2.7 INTEREST RATE ADJUSTMENT. If the interest on the 1996 Bonds while registered in the name of the Bank becomes includable in the gross income of the Bank for federal income tax purposes as determined in the manner set forth below (herein a "Determination of Taxability") the interest rate on the 1996 Bonds shall be adjusted so that the 1996 Bonds shall bear interest at the Prime Rate. A Determination of Taxability shall have deemed to occur when (i) the Bank has been advised in writing by the Internal Revenue Service that the interest payable on the 1996 Bonds must be includable in the gross income of the Bank for federal income tax purposes or (ii) the entry by a court of a fmal judgment or order or the promulgation by the Internal Revenue Service of a fmal ruling or decision, in either such case to the effect that the interest on the 1996 Bonds is includable for federal income tax purposes in the gross income of the Bank. Notwithstanding the foregoing, there shall be no Determination of Taxability unless the inclusion of interest on the 1996 Bonds in the gross income of the Bank is the result of actions taken by City or is a result of the City's failure to take actions required to be taken by the City and it is within the City's power to take such action. A Determination of Taxability shall not include inclusion of interest on any 1996 Bond in the income of the Bank for purposes of any alternative minimum tax, environmental tax or branch profits tax. In the case of (i) above, no Determination of Taxability shall be deemed to occur unless the City has been given timely written notice by the Bank of such determination by the Internal Revenue Service and afforded an opportunity to participate in and seek at its own expense, a fmal administrative determination or determination by a court of competent jurisdiction (from which no further right of appeal exists) as to the existence of such Determination of Taxability; provided that the City, at its own expense, delivers to the Bank an opinion of Bond Counsel acceptable to the Bank to the effect that such appeal. or action for judicial or administrative review is not without merit and there is a reasonable possibility that the judgment, order, ruling or decision from which such appeal or action for judicial or administrative review is taken will be reversed, vacated or otherwise set aside. In the event of a Determination of Taxability, the City covenants that it shall also pay any interest, additions to tax or penalties, resulting from the interest on the 1996 Bonds being ~PBlSANFOROSI95251. 7116787.010400111/01/96 14 Resolution No. 79-96 includable in the Bank's gross income for federal income tax purposes, and any arrears in interest resulting from such Determination of Taxability. Any such additional amounts (established to the satisfaction of the City) shall be payable by the City to the Bank on the next succeeding Payment Date or, if such amounts become payable after the Maturity Date of the 1996 Bonds within 60 days of the date the City is notified by the Bank that such amounts are due. ARTICLE m COVENANTS, FUNDS AND APPLICATION THEREOF SECTION 3.1 1996 BONDS NOT TO BE INDEBTEDNESS OF THE CITY. The 1996 Bonds shall not be or constitute an indebtedness of the City within the meaning of any constitutional, statutory or other limitation of indebtedness, but shall be secured solely by and payable from the Pledged Revenues. No Bondholder shall ever have the right to compel the exercise of the ad valorem taxing power of the City, or taxation in any form of any real property therein, to pay said 1996 Bonds or the interest thereon. The pledge of the Pledged Revenues will not constitute a lien upon any property of the City. SECTION 3.2 1996 BONDS JUNIOR AND SUBORDINATE TO SENIOR OBLIGATIONS. The lien of the 1996 Bonds on the Pledged Revenues shall be junior and subordinate, as to the lien of the Senior Obligations on the Utilities Tax proceeds and in all other respects, to the pledge and lien granted to the Senior Obligations. SECTION 3.3 1996 BONDS SECURED BY PLEDGE OF PLEDGED REVENUES. From and after the issuance of any of the 1996 Bonds, and continuing until the payment of all 1996 Bonds as to principal and interest, the Pledged Revenues shall continue to be pledged for the prompt payment of principal of and interest on said 1996 Bonds. SECTION 3.4 COVENANTS OF THE CITY. As long as any of the principal of or interest on any of the 1996 Bonds shatl be outstanding and unpaid, or until there shall have been set apart in the Debt Service Fund in accordance with Section 3.7 hereof a sum sufficient to pay, when due, the entire principal of the 1996 Bonds remaining unpaid, together with interest accrued and to accrue thereon, the City covenants with the Bondholders as follows: (a) Tax Covenants Relating to the Internal Revenue Code of 1986, as amended. (1) In order to maintain the exclusion from gross income for purposes of federal income taxation of interest on the 1996 Bonds, the City covenants to comply with each requirement of the Code. In furtherance of the covenant contained in the preceding sentence, the City agrees to continually comply with the provisions of the Tax Certificate, as such certificate may be amended from time to time, as a source of guidance for achieving compliance with the Code. (2) The City covenants and agrees with the Bondholders that the City shall not take any action or omit to take any action, which action or omission, if reasonably expected on WPBISANFORDSI95251. 7116787.010400111/01/96 15 Resolution No. 79-96 the date of initial issuance and delivery of the 1996 Bonds, would cause any of the 1996 Bonds to be "private activity bonds" or "arbitrage bonds" within the meaning of Sections 141(a) and l48(a), respectively, of the Code. (3) The City shall make any and all payments required to be made to the United States Department of the Treasury in connection with the 1996 Bonds pursuant to Section 148(1) of the Code. (4) Notwithstanding any other provision of this Resolution to the contrary, so long as necessary in order to maintain the exclusion from gross income for purposes of federal income taxation of interest on the 1996 Bonds, the covenants contained in this Section shall survive the payment of the 1996 Bonds and the interest thereon, including any payment or discharge thereof pursuant to Section 3.7 of this Resolution. (b) Establishment of Debt Service Fund. There is hereby created and established the following fund entitled the "Delray Beach Subordinate Utilities Tax Revenue Bond Debt Service Fund" (hereinafter referred to as the "Debt Service Fund"). The Debt Service Fund shall constitute a trust fund for the benefit of the Bondholder and shall be held by the City and shall be kept separate and distinct from all other funds of the City, and shall be used only for the purpose and in the manner provided in this Resolution. Notwithstanding the provisions of the next preceding sentence, the City may deposit the proceeds of the Utilities Tax in a single bank account for the City, provided that adequate accounting procedures are maintained to reflect and control the restricted allocations of the funds on deposit therein for the various purposes of such funds. The designation and establishment of the Debt Service Fund in and by this Resolution shall not be construed to require the establishment of any completely independent self-balancing fund, as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an allocation of certain revenues of the City for certain purposes and to establish certain priorities for application of such revenues as provided herein. Any excess amounts remaining in the Debt Service Fund after payment has been made on the 1996 Bonds on any Payment Date, may be withdrawn and deposited at the direction of the City to be used for any lawful municipal purpose. Moneys on deposit in the Debt Service Fund may be invested in Authorized Investments, provided such investments mature not later than the next succeeding Payment Date. Subject to the terms and provisions of the Code, all income and earnings received from the investment and reinvestment of the moneys on deposit in the Debt Service Fund shall remain on deposit in the Debt Service Fund and be used in the same manner as other moneys on deposit therein. (c) Disposition of Pledged Revenues. Not later than the fifteenth day of each month commencing December 15, 1996, the City shall deposit in the Debt Service Fund the proceeds of the Utilities Tax, subject to and dependent upon satisfaction of all current deposit requirements of such Utilities Tax proceeds set forth in Article III, Section 4.D of the Original Resolution, in an amount equal to one-sixth (1/6) of an amount sufficient to pay the principal and interest WPBlSANFOROSI95251. 71167B7. 010400111/01/96 16 Resolution No. 79-96 becoming due on the 1996 Bonds on June 1, 1997 and beginning June 15, 1997 in an amount equal to one-sixth (1/6) of the interest becoming due on the 1996 Bonds on the next Payment Date and an amount equal to one-twelfth (1112) of an amount sufficient to pay the principal becoming due on the 1996 Bonds on the next June 1 Payment Date, and shall further cause to be deposited into the Debt Service Fund one business day prior to each Payment Date the proceeds of the Utilities Tax in an amount necessary to satisfy any deficiency in the Debt Service Fund on such date; provided, however, that such deposit of the interest and principal amount shall not be required to be made to the extent that moneys on deposit in the Debt Service Fund are sufficient for such purpose. The City covenants to deposit, on the business day prior to the Maturity Date, the proceeds of the Utilities Tax (or other legally available moneys) into the Debt Service Fund in an amount sufficient to pay the outstanding principal of and interest on the 1996 Bonds. (d) Levy of Utilities Tax. The City will not repeal, amend or modify the Utilities Tax Ordinance in any manner so as to (i) impair or adversely affect the power and obligation of the City to levy and collect the Utilities Tax, (ii) impair or adversely affect in any manner the pledge of the Utilities Tax made herein, or (iii) reduce the rate at which the Utilities Tax is collected or the persons from whom it is collected. (e) Enforcement of Collections. The City will diligently enforce and collect the Utilities Tax, will take steps, actions and proceedings for the enforcement and collection of such Utilities Tax as shall become delinquent to the full extent permitted or authorized by law, and will maintain accurate records with respect thereof. (f) Budget and Other Financial Information. The City shall demonstrate in each annual budget that there are sufficient pr:oceeds of the Utilities Tax to pay the principal of and interest on the 1996 Bonds and Senior Obligations coming due in such fiscal year. The City shall, upon the request of the Bank, provide the Bank with a copy of its annual budget and such other financial information regarding the City as the Bank may reasonably request. SECTION 3.5 REMEDIES OF BONDHOLDER. Subject to the provisions of Section 4 of the Agreement, should the City default in any obligation created by this Resolution, the Bondholders may, in addition to any remedy set forth in this Resolution, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted and contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution, or by any applicable statutes to be performed by the City or by any officer thereof. The City hereby agrees with the Bondholders that the filing of any bankruptcy or insolvency under any federal or state law by or against the City which is not dismissed with prejudice within 30 days of such filing shall give the Bondholders the right to exercise any of the remedies provided to them under this Section 3.5. In addition, if the City shall breach any of its obligations set forth in the Original Resolution the Bondholders will have the right to exercise any of the remedies provided to them under this Section 3.5. Notwithstanding anything in this Section 3.5 to the contrary the Bondholders' right to exercise any remedy permitted hereunder shall be subordinate in all respect to the.rights of the owners of the Senior Obligations. WPBISANFDRDSI 95251.71 167B7. 0104001 11/01/96 17 Resolution No. 79-96 SECTION 3.6 APPLICATION OF 1996 BONDS PROCEEDS. The proceeds of the 1996 Bonds shall be used to provide permanent financing for the costs of the 1996 Project. The City may substitute any of the Projects for any other capital project permitted under the Act; provided that Bond Counsel shall first deliver to the City and the Bank an opinion to the effect that such substitution will not adversely affect the exclusion of interest on the 1996 Bonds from gross income for federal income tax purposes. SECTION 3.7 DISCHARGE AND SATISFACTION OF 1996 BONDS. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the 1996 Bonds in anyone or more of the following ways: (a) by paying the principal of and interest on the 1996 Bonds when the same shall become due and payable; or (b) by depositing in the Debt Service Fund or such other accounts as the City may hereafter create and establish by resolution moneys sufficient at the time of such deposit to pay the 1996 Bonds and all interest thereon as the same become due on said 1996 Bonds on or prior to the maturity date thereof; or (c) by depositing in the Debt Service Fund or such other accounts as the City may hereafter create and establish by resolution (which Debt Service Fund or other account and all moneys and securities deposited therein shall be irrevocably pledged to the Bondholders for the payment of the 1996 Bonds and all interest thereon) moneys which, when invested in Defeasance Obligations, will provide moneys which shall be sufficient to pay the 1996 Bonds and, all interest thereon as the same shall become due on said 1996 Bonds on or prior to the Maturity Date thereof. . Upon such payment or deposit in the amount and manner provided in this Section 3.7, the 1996 Bonds shall no longer be deemed to be outstanding for the purposes of this Resolution and all liability of the City with respect to the 1996 Bonds shall cease, terminate and be completely discharged and extinguished, and the Bondholders shall be entitled for payment solely out of the moneys or securities so deposited. SECTION 3.8 ADDITIONAL OBLIGATIONS. The City covenants with the Bondholders that as long as the 1996 Bonds issued under this Resolution are outstanding, it will not issue any Senior Obligations or any panty Obligations (collectively referred to as "Utility Tax Debt") unless the following conditions are complied with. (a) The City must be current in all deposits into the various funds and accounts and all payments required to have been theretofore deposited or made by it under the provisions of the Original Resolution and this Resolution, and any supplemental resolutions hereafter adopted for the issuance of Utilities Tax Debt, and has complied with the covenants and provisions of the Original Resolution and this Resolution, and any supplemental resolutions hereafter adopted for the issuance of Utilities Tax Debt. WPBI5ANFORD51 95251.7116787.010400111/01/96 18 Resolution No. 79-96 (b) The Utilities Tax proceeds collected by the City during any twelve (12) consecutive months of the eighteen (18) months immediately preceding the issuance of said Utilities Tax Debt, as evidenced by a certificate executed by the Finance Director of the City and as may be adjusted, as hereinafter provided, will be equal to one hundred twenty-five per centum (125%) of the maximum annual debt service on (1) the Senior Obligations issued pursuant to the Original Resolution then outstanding, (2) the outstanding 1996 Bonds heretofore issued (assuming, for purposes of this Section only, that the entire authorized amount of $3,300,000 has been issued if the proposed Utility Tax Debt is to be issued prior to June 1, 1997), less any repayments of principal made by the City, and (3) the Utilities Tax Debt then proposed to be issued; provided that for the purpose of determining the maximum annual debt service under this Section, the interest rate on variable or adjustable rate Utilities Tax Debt then outstanding shall be the greater of (i) the average daily interest rate on such variable or adjustable rate Utilities Tax Debt during the preceding Fiscal Year, or (ii) the actual rate of interest applicable to such variable or adjustable rate Utilities Tax Debt on the date of issuance of such variable or adjustable rate Utilities Tax Debt; and provided further, that if variable or adjustable rate Utilities Tax Debt is to be issued, the interest rate thereon for purposes of this paragraph shall be calculated in accordance with the 30-year Revenue Bond Index, as published by The Bond Buver as of the last week of the month preceding the date of issuance of such variable or adjustable rate Utilities Tax Debt, or if that index is no longer published, the interest rate as of the last week of such month, as published in an index that is deemed to be substantially equivalent. If the City, prior to the issuance of the proposed Utilities Tax Debt shall have, by amendment or supplement to the Utilities Tax Ordinance, increased the Utilities Tax to be collected, the Utilities Tax proceeds for the twelve (12) consecutive months immediately preceding the issuance of the Utilities Tax Debt shall be adjusted to include the Utilities Tax proceeds which would have been collected by the City in such twelve (12) consecutive months as if such increase in the Utilities Tax had been in effect during all of such twelve (12) consecutive months. (c) In the event any Utilities Tax Debt is issued for the purpose of refunding any Utilities Tax Debt then outstanding, the condition of paragraph (2) above shall not apply, provided that the issuance of such Utilities Tax Debt shall result in a reduction or shall not increase the annual debt service payments in any year over the life of the Utilities Tax Debt so refunded. For purposes of paragraph (2) set forth above, the principal component of the maximum annual debt service on any outstanding Utility Tax Debt or Utility Tax Debt proposed to be issued where principal is payable only at final maturity shall be determined by using the Amortization Assumption. ARTICLE IV MISCELLANEOUS PROVISIONS SECTION 4.1 MODIFICATION OR AMENDMENT. Except as provided in the next succeeding paragraph, no modification or amendment of this Resolution or of any resolution amendatory thereof or supplemental thereto, may be made without the consent in writing of all of the Bondholders. WPBlSANFORDSI95251. 71 167B7. 0104001 11/01/96 19 Resolution No. 79-96 This Resolution may be amended, changed, modified and altered without the consent of the Bondholders, (i) to cure any ambiguity, correct or supplement any provision contained herein which may be defective or inconsistent with any other provisions contained herein, (ii) to provide other changes which will not adversely affect the interest of such Bondholders, or (iii) to maintain the exclusion of interest on the 1996 Bonds from gross income for federal income tax purposes. SECTION 4.2 ADDITIONAL AUTHORIZATION. The Mayor, the City Manager, the Finance Director, the Treasurer and any other proper official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. SECTION 4.3 SEVERAB1LITY OF INVALID PROVISIONS. If anyone or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of this Resolution or of the 1996 Bonds issued hereunder. SECTION 4.4 REPEALER. All resolutions and orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall take effect upon its passage in the manner provided by law. WPBI5ANFDROSI 95251.7116787.010400111/01/96 20 Resolution No. 79-96 SECTION 4.5 EFFECTIVE DATE. This Resolution shall be effective immediately upon its adoption. Passed and adopted in regular session on this 5th day of November, 1996. Attest: /7~ f2Lum '(l}71' M Mr II n-dy City Clerk The foregoing resolution and the form of 1996 Bond therein contained are hereby approved by me as to form, language and execution this 5th day of November, 1996. c~:~ A: ~~ WPBISANFOROSI95251. 7116787.010400111/01/96 21 Resolution No. 79-96 Exhibit A LINE OF CREDIT AGREEMENT Dated as of November 1, 1996 WHEREAS, SunTrust Bank, South Florida, N.A. (the "Bank"), has offered to make a closed-end line of credit (the "Line of Credit') available to the City of Delray Beach, Florida (the "City"), in the principal amount of not exceeding $3,300,000 under which the City may, from time to time, make drawings; and WHEREAS, the City of Commission of the City of Delray Beach, Florida on October 29, 1996, adopted Resolution No. 79-96 (the "1996 Bond Resolution") authorizing the issuance of not exceeding $3,300,000 in aggregate principal amount of City of Delray Beach, Florida Utilities Tax Revenue Bonds, Subordinate Series 1996 (the "1996 Bonds") which 1996 Bonds shall represent the City's obligation to reimburse the Bank for drawings made under the Line of Credit; and WHEREAS, the City and the Bank find it necessary to enter into this Agreement, to acknowledge the terms and provisions of the 1996 Bond Resolution adopted by the City and the extension of the Line of Credit by the Bank. NOW THEREFORE, the City and the Bank hereby agree as follows: 1. That the Bank shall make immediately available to the City, pursuant to the terms and provisions of the 1996 Bond Resolution, the Line of Credit in an aggregate principal amount of not exceeding $3,300,000 which shall be available to the City in.one or more drawings prior to June 1, 1997. 2. That the Line of Credit shall expire on May 31, 1997. The outstanding principal amount of all drawings with interest thereon, shall become due and payable in accordance with the terms and provisions of the 1996 Bond Resolution. 3. That the Bank hereby accepts the terms and conditions set forth in the 1996 Bond Resolution applicable to the Line of Credit. 4. The City and the Bank, for mutual consideration, each acknowledged to be received by the other party hereto, mutually and willingly waive the right to a trial by a jury in WPBlSANFOIlllSI95251. 7116787.010400111/01/96 Resolution No. 79-96 connection with any and all claims by any party hereto against the other arising from or in connection with the transactions contemplated by this Agreement or the 1996 Bond Resolution. 5. The Bank represents to the City that it is not purchasing the 1996 Bonds with a view to distributing the 1996 Bonds. SUNTRUST BANK, SOUTH FLORIDA, N.A. By: Title: (SEAL) Date: November 12, 1996 CITY OF DELRA Y BEACH, FLORIDA Attest By: Title: Date: November 12, 1996 City Clerk WPBI5ANFOROSI 95251.7116787.010400111/01/96 A-2 Resolution No. 79-96 Exhibit B FORM OF 1996 BOND No. R- - UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF DELRA Y BEACH, FLORIDA Utilities Tax Revenue Bond, Subordinate Series 1996 Interest Rate Maturity Date Dated Date 5.22% June 1, 2013 November 12, 1996 Registered Owner: SunTrust Bank, South Florida, N.A. Principal Amount: Not to Exceed $3,300,000 KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach (the "City") in Palm Beach County, Florida, for value received, hereby promises to pay from the sources herein mentioned, to the Registered Owner specified above or registered assigns on the Maturity Date specified above or earlier upon mandatory prepayment as provided below, upon the presentation and surrender hereof at the City's Finance Department or (if so determined by the City) the designated trust office of the bank or trust company appointed by the City to act as paying agent (said City's Finance Department or such bank or trust c<?mpany and any bank or trust company becoming successor paying agent being herein called the "Paying Agent"), the Principal Amount of $3,300,000 or such lesser amount advanced by SunTrust Bank, South Florida, N.A., to the City pursuant to ~e Bond Resolution (as herein defined) with interest thereon at the Interest Rate specified above (unless interest on this Bond is converted to the Prime Rate (as defined in the Resolution) in the manner provided in the Bond Resolution) calculated on the basis of the actual number of days elapsed in a 365/366-day year, on each Payment Date in the manner specified in the within described Resolution to the registered owner. The Principal Amount and accrued interest thereon is payable in any coin or currency of the United States of America, which, on the date of payment thereof, shall be legal tender for the payment of public and private debts. This Bond is authorized to be issued in a principal amount of not exceeding $3,300,000 under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including, particularly, Chapter 166, Florida Statutes, as amended and supplemented, the Charter of the City of Delray Beach, Florida, as amended and supplemented, and other applicable provisions oflaw (the "Act"), and Resolution No. 79-96, duly adopted on November 5, 1996 (the "Bond Resolution"), as such resolutions may be further amended and supplemented from time to time, and is subject to all terms and conditions of said resolution. Any term used in this Bond and not otherwise defined, shall have the meaning ascribed to such term in the Bond Resolution. WP815ANFOROSI952SI. 71167B7 .010400111101/96 Resolution No. 79-96 It is hereby certified and recited that all acts, conditions and things required to exist, to happen, and to be performed, precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the Laws and Constitution of the State of Florida and the Charter of the City applicable thereto, and that the issuance of this Bond, is in full compliance with all constitutional or statutory limitations or prOVISIons. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution until the certificate of authentication hereon shall have been signed by an authorized officer of the Registrar. Except as otherwise provided in the Bond Resolution in the event of a Determination of Taxability, this Bond shall bear interest at the Interest Rate. Interest shall only be payable on June 1, 1997, and each June 1 and December 1 thereafter and principal on the Bonds shall be payable each June 1 commencing June 1, 1997 in the amounts set forth below as such amounts may be adjusted as provided in the Bond Resolution until the outstanding principal of the Bonds have been paid (each a "Payment Date"). The principal of and interest on the Bonds shall be secured solely by and payable from the Pledged Revenues (as defmed below). Date Amount 1997 $ 54,000 1998 102,000 1999 133,000 2000 139,000 2001 147,000 2002 153,000 2003 180,000 2004 197,000 2005 209,000 2006 216,000 2007 233,000 2008 241,000 2009 1,072,000 2010 52,000 2011 54,000 2012 57,000 2013 61,000 "Original Resolution" shall mean Resolution No. 98-91, adopted by the City Commission on December 3, 1991, as amended and supplemented. WPBI5ANFORDSI95251. 71 16787.010400111/01/96 B-2 Resolution No. 79-96 "Pledged Revenues" shall mean all moneys on deposit in the Debt Service Fund (created and established under the Bond Resolution) derived from the proceeds of the Utilities Tax required to be deposited therein each month after the deposits required by Article III, Section 4.D of the Original Resolution have been made by the City, subject to the prior lien on such moneys for the payment of the Senior Obligation. "Utilities Tax" shall mean the tax imposed by the City on each and every purchase in the City of electricity, metered and bottled gas (naturalliquified petroleum gas or manufactured) and telecommunication services. Said term shall also apply to all taxes imposed by the City on the purchase of utility services, whether levied in the amounts prescribed by the Utilities Tax Ordinance or in any other amounts and whether imposed on the purchase of the same utilities services or any other or additional utilities services, either by amendment to the Utilities Tax Ordinance or otherwise. "Utilities Tax Ordinance" shall mean all proceedings imposing the Utilities Tax, including Ordinance No. 535 of the City adopted on July 9, 1945, as amended, and every supplementary ordinance or other ordinance in lieu thereof as may hereafter be adopted. The City may prepay this Bond in whole or in part, at any time or from time to time, without penalty or premium, by paying to the registered holder all or part of the principal amount of this Bond, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Such accrued and unpaid interest shall be payable on the next succeeding Payment Date. Each prepayment shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the registered owner not less than two (2) business days prior thereto. Notice having been given as aforesaid, the principal amount stated in such notice or the whole thereof, as the case may be, shall become due and payable on the prepayment date stated in such notice; and the amount of principal shall be paid (i) in case the entire unpaid balance of the principal of this Bond is to be paid, upon presentation and surrender of the Bond to the office of the Paying Agent (designated corporate trust office, if the Paying Agent is not the City's Finance Department), and (ii) in case only part of the unpaid balance of principal of this Bond is to be paid, upon presentation of such Bond at the office of the Paying Agent (designated corporate trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the amount of principal then paid or for issuance of a replacement Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all of the Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the principal without surrender of this Bond. If, on the prepayment date, funds for the payment of the principal amount to be prepaid shall have been provided to the Paying Agent, as above provided, then from and after the prepayment date interest on such principal amount of this Bond shall cease to accrue. If said funds shall not have been so paid on the prepayment date with respect to principal and on the next succeeding Payment Date with respect to interest, the principal amount of the Bond shall continue to bear interest until payment thereof at the Interest Rate provided for herein. This Bond shall not be and shall not constitute an indebtedness of the City within the meaning of any constitutional, statutory, charter or other limitations of indebtedness but shall be WPBISANFORD51 95251.7116787.010400111/01/96 B-3 Resolution No. 79-96 secured solely by and payable from the Pledged Revenues. No Holder of this Bond shall ever have the right to compel the exercise of ad valorem taxing power of the City, or taxation in any form of any real property therein to pay the Bond or the interest thereon. The terms and provisions of the Bond Resolution are incorporated in this Bond as though such terms and provisions have been set out in full herein. THE LIEN GRANTED IN FAVOR OF THE REGISTERED OWNER OF THIS BOND ON THE PROCEEDS OF THE UTILITIES TAX SHALL BE JUNIOR AND SUBORDINATE AS TO THE LIEN GRANTED IN FAVOR OF THE HOLDERS OF THE SENIOR OBLIGATIONS ON THE UTILITIES TAX PROCEEDS AND IN ALL OTHER RESPECTS TO THE PLEDGE AND LIEN GRANTED TO SUCH HOLDERS OF THE SENIOR OBLIGATIONS. IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this Bond to be signed by its Mayor, either manually or with his facsimile signature, and the seal of the City Commission of the City of Delray Beach, Florida, to be affixed hereto or imprinted or reproduced hereon, and attested by the Clerk of the City, either manually or with her facsimile signature, and this Bond to be dated the Dated Date set forth above. (SEAL) CITY OF DELRA Y BEACH, FLORIDA ATTEST: By: Mayor Clerk of the City of Delray Beach, Florida WPBI5ANFlJIlDSI 95251.7116787.010400111/01/96 B-4 Resolution No. 79-96 FORM OF CERTIFICATE OF AUTHENTICATION Date of Authentication: November 12, 1996 This Bond is the Bond delivered pursuant to the within mentioned Resolution. CITY OF DELRA Y BEACH Finance Department, as Registrar By: Authorized Officer WPBI5ANFOllDSI95251, 7116787.010400111/01/96 B-5 Resolution No. 79-96 ASSIGNMENT FOR VALVE RECEIVED the undersigned sells, assigns and transfers unto _ (please print or typewrite name, address and tax identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints _ Attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: In the presence of: NOTICE: The signature to this assignment must correspond with the name as written upon the face of the within Bond in every particular, without alteration or enlargement, or any change whatever. ~PBISANFDRDSI95251. 7116787.010400111/01/96 B-6 Resolution No. 79-96 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I, Alison MacGregor Harty, do hereby certify that I am the duly qualified City Clerk of the City of Delray Beach, Palm Beach County, Florida. I further certify that the above and foregoing constitutes a true and correct copy of the minutes of a meeting of the City Commission of said city held on November 5, 1996, and of a resolution adopted at said meeting, as said minutes and resolution are officially of record in my possesslOn. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of the City of Delray Beach this 5th day of November, 1996. City Clerk (SEAL) WPB\SANFORDSI 95251.71 1&7B7 . 0104001 11/01196 B-7 Resolution No. 79-96 EXIDBIT C (1) (2) (3) HURRICANE GOLF COURSE LAKEVIEW PAYMENT HARDENING EXPANSION GOLF COURSE DATES PROJECT PROJECT PROJECT Annual Principal Annual Principal Annual Principal Installment* Installment* Installment* June 1, 1997 $ 15,000 $22,000 $17,000 June 1, 1998 75,000 15,000 12,000 June 1, 1999 105,000 16,000 12,000 June 1, 2000 110,000 16,000 13,000 June 1, 2001 115,000 18,000 14,000 June 1, 2002 120,000 19,000 14,000 June 1, 2003 145,000 20,000 15,000 June 1, 2004 160,000 21,000 16,000 June 1, 2005 170,000 22,000 17,000 June 1, 2006 175,000 23,000 18,000 June 1, 2007 190,000 25,000 18,000 June 1, 2008 195,000 26,000 20,000 June 1, 2009 1,025,000 27,000 20,000 June 1, 2010 30,000 22,000 June 1, 2011 31,000 23,000 June 1, 2012 33,000 24,000 June 1, 2013 36,000 25,000 TOTAL $2.600.000 $400.000 $300,000 * Assumes the total amount in each of the respective columns was drawn under the Agreement by the close of business on May 3 1, 1997. WPBI5ANFORDSI 95251.7116787.010400111/01/96 Resolution No. 79-96 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJlA1 SUBJECT: AGENDA ITEM # <6.1<. - MEETING OF NOVEMBER 5. 1996 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 1, 1996 Attached is the Report of Appealable Land Use Items for the period October 14 through November 1, 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. cl\J trr-1 , ~~~ ......................................I:l.i:II. .v..n'n..M.Ic:!!,DI".:I...n,n",.I','I....llum,A,:m,.:ltl..................................... I~t~tmmmmmtttm(m)m~~~t~Ii~~iiltt)\L:~(~!m\m~9Sf'!!L:::::::::L/Si!L:Mf'!~f~Se[It[Sf~\I'L:;~;)e\~\'mll~i\!~1L:91.~1~1tlltmm(mmmm1~1f~1t~![it)}\1[ ..........................................................................................................................................................................................................................,........ ~rrf~tft~~~ffri~tIfjrrfrrrit~i~itt~i!}f{f)\frIlitfJlf({{rtrrtrt~itfjffrrrrffrfi~ilf?~irfrtttft~it~ffi~j!iJ!i({ttttfmfrrmmrrmmrrrtti!litmrmtf~rti TO: DAVID T. HARDEN, CITY MANAGER ~ ~c THRU: D 11. E DOMINGUEZ, DIRE~ DEPARTMENT OF PLANNI~tO~D ZONING 7 if0 fhAIl fI/!tn FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF NOVEMBER 5,1996 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 14, 1996 THRU NOVEMBER 1, 1996 t.:::i:::::::::::::::::::::;:i:::::::::::::::::::::::::::::::::i::::::;i::::::::::::::::;:::IIIIII:;IIQQllm~:g:::II:::III,'I:::IIIIIIII:II::i:::::i::::::::::;:::::ii:::::::::::::::::::::::::::::::::::::::::::::i:::::::::::::::::::::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 October 14, 1996 through November 1, 1996. Ii..,......'.:.......... ': ...... ."::"':.'.i' .i.i..'i.:.:........ . i': .i.. .': ..................... 'i .ii............... T. TI... .l:l.. ........... 'i. Ii.,...................................... '[r'.r. ..i......... .:.i...'i:':'................ ."'i.i.'.:T I ................................................................................................................................................................................................................................... :::::::::::::t::::':::::::::::::::::::::::t:::;i:::::::::::::::::::::::t::::::t::::::::::::::::::::::::::::::::;;:':::::t:::ii:::::::::::::::::::::::::::::::III:Ki11111:::r:::::::::::ii:::::::::::::ii:::::::::::::::r:::::::::::::r::::::::::'::i::::::::::::::::::::t::::::::::::;:t::::';:::::::::::::::::::t::::t::::: 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 November 5, 1996 Page 2 I' T:.:.' 'r:r rTfili'1I:rilil:!IiIiliIiIiI!' IiI!'[ ':Iilii'.' IiI:'. .:I.............. .................. r. 'il I. r. .:............................................... r.' I:Tj'" I.... I..' r............. I~. T' I I:' . Ii. I':". ......... .1 III;':111:1:1iI1eWAlINIIrJ.:::BidIlfJlIIGJIt),lllI.:JWSlidNG1:1:.11Q.tr.CJI.tll:"~II_1:I:i:~i~~::}'ii:l ....................................................................................................................................................................................................................................................................................................................................................................................................~............................................................ A. Approved with conditions on a 7 to 0 vote, a modification of a conditional use to allow the addition of amusement game machines for Delray Bingo at Points West Plaza, located at the southwest corner of Atlantic Avenue and Military Trail. There were no other appealable items. The following items which were considered by the Board will be forwarded to the City Commission for final action. . Recommended approval (7 to 0), of a rezoning from GC (General Commercial) to CF (Community Facilities) for a parcel of land located on the east side of N.W. 5th Avenue, north of Atlantic Avenue, associated with the Greater Mt. Olive Missionary Baptist Church Expansion. . Recommended approval (7 to 0), of a Future Land Use Map amendment from County MR-5 (Medium Density Residential- 5 units per acre) to City Low Density Residential 0-5 units per acre, and annexation with initial zoning of CF (Community facilities) for the Rosacker Property, located on the west side of Gallagher Road at the end of Brady Boulevard. . Recommended denial (4 to 3), of an amendment to the Land Development Regulations adding "Sale of Utility Trailers" as a permitted use in the AC (Automotive Commercial) zoning district. . Recommended approval (7 to 0), of an amendment to the Land Development Regulations allowing for an exemption from certain property taxes when associated with improvements to historic properties. . Approved (7 to 0) with conditions, the preliminary plat and certified the final plat as being consistent with the preliminary plat for Coralina Village, a proposed 12 unit townhouse development, located at the northwest corner of Seagate Drive and Bucida Road. 1:::i:::::::::::::::;:::::::IIIRIIII:::II:g::llfj"II':i'11111:::lfilrn~.:::~II:::.IIIII::II~::~:II.;:::::::'::;:::::::::::';~ . Recommended approval on a vote of 7 to 0 the adoption of the North Federal Highway Redevelopment Plan. City Commission Documentation Appealable Items Meeting of November 5, 1996 Page 3 . The Board failed to make a recommendation (3 to 3, Carbone abstaining) on the adoption of Comprehensive Plan Amendment 96-1A, which includes: . Comprehensive Text Amendments, related to the North Federal Highway Redevelopment Area; . Comprehensive Plan Text Amendment creating a High Density Residential (12-18 units per acre) Future Land Use Map classification for use in areas of the City proposed for Redevelopment; . Future Land Use Map Amendment from Medium Density Residential (5-12 units per acre) to High Density Residential (maximum of 18 units per acre) for the Yake property, located on the west side of the Intracoastal Waterway, generally between Allen Avenue and Lake Avenue South. . Recommended approval (6 to 0, Carbone abstaining), of an amendment to the Land Development Regulations Sections 4.5 (Overlay and Environmental Management Districts) and 4.4.9 (General Commercial Zoning District) allowing for certain light industrial uses within the General Commercial zoning district. . Recommended approval (4 to 3), of an amendment to the Land Development Regulations, creating Section 4.4.8 High Density Residential (RH) zoning district, allowing densities of up to 18 units per acre in limited areas of the City, subject to conformance with specified performance standards. 1. Approved (7 to 0), one flat wall sign for Pinecrest Outpatient Center at Linton Office Park, located on the south side of Linton Boulevard, east of Military Trail. 2. Granted (7 to 0), a six (6) month extension of the site plan approval for Club Delray, located on the south side of Lake Ida Road, west of Congress Avenue. City Commission Documentation Appealable Items Meeting of November 5, 1996 Page 4 3. Approved (7 to 0), a minor site plan modification and landscape plan in conjunction with parking lot modifications for Delray West Plaza, an existing shopping center, located at the southeast corner of Atlantic Avenue and Military Trail. 4. Approved (7 to 0), the site plan, landscape plan and architectural elevation plan associated with the construction of a 7,315 sq uare foot building, the Dialysis Center of Delray, located on the north side of West Atlantic Avenue, immediately east of the First Encounter Condo. 5. Approved (6 to 0, Sheremeta stepped down), the site plan and architectural elevation plan in conjunction with the renovation of an existing building to a coin operated laundry facility for Delray Coin Laundry, located at the southeast corner of S.E. 10th Street and Miami Boulevard. Concurrently, the Board approved the following requests: . Eliminated the required 5 foot perimeter landscape abutting the parking lot adjacent to Miami Boulevard. . Reduced the required landscape strip from 5' to 3' between the parking lot and the south property line. 6. Approved (6 to 0, Little left the meeting), the landscape plan and architectural elevations for Hammock Reserve, a proposed 273 single family subdivision, located on the south side of Linton Boulevard, east of Military Trail (fka Blood's Property). 7. Approved (6 to 0), a minor site plan modification, landscape plan and architectural elevation plan for Casa Playa, an 11 unit residential development, located on the east side of A-1-A, approximately 500 feet south of Linton Boulevard. 8. Tabled (6 to 0), the architectural elevation plan for Chatham Court (fka Coralina Courtyard Villas), located at the northwest corner of Seagate Drive and Bucida Road. The proposal is to change the architectural elevation from a Spanish-Mediterranean style to an Anglo-Caribbean style. City Commission Documentation Appealable Items Meeting of November 5, 1996 Page 5 '::::::::::::::~:::IIIII_:::IIIII.11111:::.111,:;11.,11:::11:::.1111:::::::Il.li::l:1:_i:::i:~::::::::1;1 X. Approved (4 to 0), a request for a Certificate of Appropriateness, site plan, landscape plan and architectural design elements associated with the construction of a 5,400 sq. ft. building for StofftlHasey Offices, located on the west side of Swinton Avenue, immediately north of the CRA parking lot. Concurrently, the Board approved the following waivers: . Eliminated the required 5' landscape strip along the west property line between the parking lot and the adjacent alleyway. . Reduced the required 5' perimeter landscape strip from 5' to 1.5' along the back-out maneuvering area adjacent to the north property line. As a separate non-appealable item, the Board approved a variance request to allow a reduction of the back-out maneuvering area from 24'X 6' to 24' X 4'. Y. Approved (4 to 0), a Certificate of Appropriateness, minor site plan modification, landscape plan, and architectural design elements associated with a 355 square foot building addition for Handelsman Expansion, located at the southeast corner of Palm Square and East Atlantic Avenue. f:::::::;::::::;:::::::::::i:::::::::::::::::::::::::::::::::::::,::::::::::::::::::::::::':::::::::::::::,::,::::::::::::::::::'::::,:::'::'::::::11\111111111:::,:::::111111:::::;::::::::::::::::;::':::::::::::::;::::::::;::::::i::i::::::;i:::::i::i:::::i:::::::::::::;:::::::::::::::::::::::';::::::::::::::::;:1 By motion, receive and file this report. Attachment: Location Map . . LOCATION MAP FOR CITY COMMISSION MEETING OF NOVEMBER 5. 1996 L-30 CANAL Q a: "-' <( :;, ~ Z -' ~ 6 <( m -' z ... <( ~ (/l "-' a: z a: ... ~ u <( Q (/l IX <( 0 LAKE IDA ROAD G. a: '" u ~ a: <( m NW 2 ST ..r ATLANTIC AVE SW 2 ST ATLANTIC AVENUE ~ ~ z <( <( <( UJ co .... 15 0 ~ ~ ~ u (/l (/l t= UJ Z -' <( :;, r:! 0 <( LOWSON BOULEVARD m Q 0 i UJ ~ 0 :I: C >- ~ i3 @ :r -' >- <( a: z <( '" <( ... u :::; X '" :i a I UJ L-38 CANAL CITY LIMITS "- , _"_J_ S.P.R.A.B. P. & Z.: 1. - PINECREST OUTPATIENT CENTER A. - DELRAY BINGO MILE (LINTON OFFICE PARK) I I 2. - CLUB DELRAY I 3. - DELRAY WEST PlAZA H.P.B.: SCALE 4. - DIALYSIS CENTER OF DELRAY 5. - DELRAY COIN LAUNDRY X. - STOFFT /HASEY OFFICE N 6. - HAMMOCK RESERVE Y. - HANOLESMAN EXPANSION 7. - CASA PLAYA - 8. - CHATHAM COURT CITY OF DElRAY BEACH, FL PLANNING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [/!,V1 , SUBJECT: AGENDA ITEM # J7~ - MEETING OF NOVEMBER 5. 1996 AWARD OF BIDS AND CONTRACTS DATE: NOVEMBER I, 1996 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Bid award to Metron Farnier via the City of Melbourne bid for the purchase of 47, 3" and 4" water meters as part of the large meter change out program, replacing the old water meters with high accuracy meters, in the estimated amount of $72,270 from 442-5178-536-61.81. 2 . Bid award to A&B Pipe and Supply via City of Boynton Beach bid for the purchase of fire hydrants, at an estimated annual cost of $13,995.78 from 442-5178-536-61.77. 3. Bid award to Environmental Systems, Inc. for the purchase of an ozone generator to be used for odor control in the waste- water system, in the amount of $15,300 from 441-5161-536- 64.90. 4. Purchase award to Motorola C & E, via Palm Beach County School Board Contract #SB966-139J, for the purchase of twenty (20 ) replacement radios for the Police Department at a total cost of $19,467.80 from 001-2113-521-64.90. 6. Stt- A 0 0 E.I'\ 0 LUY"\ - ~ . \ : . ~ Agenda Item No. : 3L-/ AGENDA REQUEST Date: October 14, 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 - Purchase of 3" and 4" water meters from Metron Farnier, via City of Melbourne Bid #08-260-96, at an estimated cost of $72,270. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Purchase award to Metron Farnier for purchase of 3 and 4" water meters at a estimated cost of $72,270. Funding from account #442-5178-536-61.81 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 Funding alternative: / (if apPlicable~ Account No. & Description: trCf'? ~c:;]7f~ 0J.. .' 6/ J7 (Wi'S /Cne, w!ll. /'1.7YC-.;f>/' Account Balance: ~( / _ ' , ( C(N!1(". City Manager Review: Approved for Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Senior Buyer if THROUGH: Joseph Safford, Finance Director DATE: October 14, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING OCTOBER IS, 1996 - PURCHASE AWARD LARGE METER CHANGE OUT PROGRAM VIA CITY OF MELBOURNE BID #08-160-96 Item Before Commission: The City Commission is requested to award to Metron Farnier, for the purchase of 3" and 4" water meters via the City of Melbourne Bid #08-160-96, at an estimated cost of $72,270. Background: The City of Delray Beach Water/Sewer Network has requirements to replace forty-seven (47) old water meters with high accuracy meters. This will reduce the City's maintenance costs and increase revenue. See attached memo dated October 3, 1996, from Fiance Director. These meters are available from the City of Melbourne Bid which was awarded September 26, 1996, by their City Council. See attached Purchase Contract and Tabulation of Bids. The vendor has submitted a letter dated October 08, 1996, stating that they will extend same prices to City of Delray Beach. The Superintendent of Water/Sewer Network recommends award to Metron Farnier per attached memo dated October 11, 1996. Recommendation: Staff recommends award to Metron Farnier at an estimated cost of $72,270. Funding from account 442-5178-536-61.81. Attachments: Memo From Finance Director Dated 10/03/96 Memo From Water/Sewer Network Dated 10/11/96 Letter From Metron Farnier Dated 10/08/96 Copy Of Contract #08-160-96 From City Of Melbourne [.1-. / MEMORANDUM TO: Jackie Rooney, Senior Buyer FROM: Michael S. Offie, Water/Sewer Network SUBJECT: LARGE METER CHANGE OUT PROGRAM DATE: October 11, 1996 Enclosed is a bid document from the City of Melbourne, Florida, that the City of Delray Beach may piggy back for the purchase of high accuracy water meters. Water Distribution (441-5123-536) intends to replace 47 old, inaccurate 3" and 4" water meters with high accuracy meters that will significantly increase revenue and will reduce maintenance costs as well. We have previously installed seven (7) of the meters on large accounts for testing purposes and the increased revenue has been substantial with zero maintenance costs. 35 ea. 3" meters @ $1,350.00 = $47,250.00 12 ea. 4" meters @ $2,085.00 = $25.020.00 Total: $72,270.00 Funding for this purchase is 442-5178-536-61 :81. NOTE: Price quoted for meters is slightly m than price quoted Melbourne. In Water Distribution's approved budget, $19,970.00 was budgeted to have these meters installed. It is impossible to get an exact installation cost per meter as the conditions at each site will be different. I recommend the City of Delray Beach purchase these revenue producing high accuracy water meters and the vendor install the meters as a sole source supplier. Enclosed is a booklet with prices and other items. The projected pay back period is also submitted plus a letter extending the Melbourne price to Delray Beach. If additional information is required, please call Ext. 7335. Thank you for your assistance. ~t~~ Michael S. Offie cc: William Greenwood tile:mlbrn JA ck{ f,--- S~f p(l./ r::> . (~I7CE e..':..'".,. -L', \\ C~~~~ CC : JIf'/'e eN t'~"'--' 1 MEMORANDUM \' 38 t&OC1-4 ?~ ' To: David T. lIarden, City Manager t1.E C E. \ \J e. 0 from: JOSOI>h M. S'ff:"(~DireClor '_.~ Datc: October 3, 1996 Subject: Estimatcd Meter Readings 'n.e City currently has 17,759 water meters that are read on a monthly basis. We have four (4) meter readers which means that the average number of meters read per month by an individual reader is 4,440. In 1993, tbe City had five (5) meter readers and 16,500 meters or an average pcr meter reader of3,300 meters. Our meter readers have increased their montWy average by 1,140 in three years, which represents an efficiency improvement of35%. This workload is becoming overburdening especially considering the fact that a meter reader is also responsible for all weekly tum-offs, turn-ons, and rechecks which selVes to reduce the amowlt of available time a meter reader has to actually read meters. We are therefore asking your pemlission to initiate a formal temporary estimated meter reading I>rogram where a certain limited number of routes would be estimated one montb and . would be actually read the following month. We would propose to rotate these routes so as not to continually estimate the same routes. It is reiterated that this would be a temporary recommendation. We would seek to eliminate the need for any estimations by researching and implem(~nting improvements (i.e. touch read meters) later in the fiscal year. We could reduce tIus meter reading burden through several alternatives. For example, we could: . propose to increase the number of meter readers . allow our present meter readers to incur overtime . present some form of improvement that would reduce meter reading time Our plan is to research various cost-effective technologies and implement a long-term plan to provide for improved meter reading efficiencies. The methodology that looks most promising at this time (and cost effective, at the same time) appears to be a touch-read system where the meter reader would not be required to open the meter box or pit as the case may be. Since the meter reader cUITently must open the box and "dig out" the meter in urdcr tu see the register. signilicant time is lost and errors arc made requiring rereads. ^ touchJlad is mounted on the top of the meter box and automatically registers a reading . i without opening the box or actually entering a meter pit. in the case of large master meters. The Environmental Services Department and the Finance Department will be coordinating their efforts on this project since the changeout of large master compound meters with more precise meters could effectively generate sufficient additional revenues to pay for the toucbpad meter reading system for the other meters in addition to the budgeted funds we have allocated to meter replacement and upgrades. In conclusion, we would seek your approval at this time for a temporary program to estimate a limited amount of routes within our reading cycles in order to provide some needed relief for th~.JIleter readers. This appears to be the most cost-effective way of resolving current problems until we can put a more efficient system into place later in the year. Your concurrence with this position would be appreciated. cc: William Greenwood, Director of Environmental Services Barbara Schooler, Utility Billing Manager ~ 5-1 ':::1- 1 S:1SJ5 II: 4 7Pt1 FPcit.1 r".1 .. Metr(J~1:!F.flrllie'~] ~_~~~~mf__ 566" Airport Blvd., Sl'ite 8 Boulder, CO 80301 October 8, 1996 City of I:>e.lray Beach Attn: Mr. Mike Offie 434 S. Swinton Ave. Delray Beach, FL 33444 Deat Mr. Offie; Please find included with rh.i$ cover lener, a COpy of our existin8 purchasing COl;tiJ.i:1 with the City of Melboume. We wilt extend the pricing shown to the City of Del ray Beach until N\.\'<:emocr 30, 1996. Please note, these prices are FOB Delray Beach. Thank you in ad"", ace fOf your bu.s incss. Best Reg;uds, c?-~ ,~ {j6li. -' Ted WOlf}l Regional :Manager --.-..-----~_....-.--.-.._............,.-_.,........_.-.-.......,.--~---....-._._------_.....-----------..-~ .- ~.......'- ".- ......-,..........- ... -~ -....-.- -----.'.------- ._--~~ ....- -._.....~..--.-----...~-.._.~-,-_.- Phone: (303) 449~8!33:3 r"F ''"20~3} A4q.1t'tr.;lf 0;; ,..., \'.-/' . ~ ..0 10/14/1'3'35 11:42 407'353527'3 CITY OF MELBOURNE PAGE 03 '-- ---- City of'Melbourne PURCHASE CONTRACT (08-160-96) Commercial Water Meters Awa,.d Date: September 26, 1996, by City Council TIllS CONTRACT, entered into this -.22th- day of September. 1996 , for the period October] .l.22.(Lthrough September 30. 1997 , by and between the City of Melboume, Floriru., hereinafter referred to as the City; and Metron-Farmer. L.L.C.. 5661 Airport Boulevard. Suite B. Boulder. Colorado 80301; hereinafter referred to as the Contractor. ~--------~-~-~ .-.----.......-----------,......... ----..- - .-- -- -.. ~., _.~._~---~. - .-- ,------ -. ----. NOW THEREFORE, the Parties do mutually agree that: L Scope of Service: Provide the City with single jet comme~i.1 _.ter meters, in accordance _jtb Bid Specifications, for the price(s) listed below: Item Description Each Cost A Single Jet Meters (low and medium flow rate) A-I Metron-Farnier, Spectrum 50, ] 112" Meter $ 492.00 A-2 Metron-Farnier. Spectrum 88, 2" Meter 826.00 A-3 Metron-Farnier, Spectrum 175,3" Meter 1,381.00 A-4 Metron-Fanner, Spectrum 260.4" Meter 2,136.00 A-5 Metron-Farnier, Spectrum 440,6" Meter 3.234.00 B Single Jet Meters (high flow rate) . ---B-l-.. Mc.tron ra.rllK.r,;-Enduro 660, 4" Meter-m ----..~.... 2.185;OO~. -~---.-------- B-2 Metron-Fanner, Enduro 1100,6" Meter 2,678.00 B-3 Metron-Farnier. Enduro 2400, 8" Meter 4,545.00 All prices F.O.B. Melbourne, Florida Annual quantities listed on the Bid Form are estimated usage fur the period provided above and should not be interpreted as restrictive minimum or maximum quantity to which Contract prices apply. 2. Performance- Perfonnance under this Contract shall be in accordance with Contractor's executed Proposal, dated August 19. ] 996 _ and attachments thereto; City Instructions to Proposers; and Specifications. 3. P~yYTJent: Payment shall be made on a monthly basis upon submission of invoice by the 25th of each month. in duplicate, to the Finance Department (Accounting). The Contractor shall be paid within thirty (30) calendar days after receipt of an itemized invoice and acceptance of the service by the City. 4_ Renevval ofCont:ract: The term of Contract shall be renewable for two (2) additional twelve (12) month periods, at the same rate(~), by mutual agreement of both Parties, not to exceed three (3) consecutive years. 5. Termination fur Defuult: If, through any cause. the Contractor shall full to fulfill in a timely manner, its obligation under this Contract, or if the Contractor shall violate any of the tenns and conditions of this Contract. the City of Melbourne shall have the right to terminate this Contract. by giving written notice by certified letter to the Contractor of such tennination specifYing thereof, at least fifteen (] 5) days before the effuctive date of such tenoination. 6_ Tennina.tion for Convenience: The Contract may be cancelled by either Party, upon sixty (60) days certified written notice to the other Party. 1 10/14/1gg5 11:42 407g53527g CITY OF MELBOURNE PAGE 04 ~ -- ----- WITNESS these signatures: CITY OF MELBOURNE METRON-FARNIER, L.L.c. 900 East Strawbridge Avenue ~q~4',=,U/ e: ~/y-/ ~<:'-5,./~6 Melbourne, F]orida 3290] -p-c.. Name/title of authorized representative 1~ )"...c;' /tt:?/./ /9"6 David N. McCue, Purchasing Agent (Signature) (Date) - ,_._--'......~~---------_. - ._----.----~- .-..-' -----~--_.__._~~- --' __ ~__ _n__ - Attest: (Seal) Attest: (Seal) -;:-. --..... - ~ - . By: By: R o.J_J <=4:i:i./-:-; .~ _ _~,.<<-~.r~ ~ .;z/.p/'7 ,;3",,-~-t./ ~ Distribution: DeparbnentlDivision Purchasing .--... -----------~--_._----- --'- - - ~- - -~-,-_. --- - ----- ~ ~ 10/14/1995 11:42 4079535279 CITY OF MELBOURNE PAGE 02 :..: ....... :...J ...11(: . ...... 0 ...... .... ..... u... 0 0 t:: ..t) ..... ~ & 0... ~..O co ..,.0 ~ 0> 0 ,5 ... I::: :I: '".:.S G> Q. 0 GO ~:~~0~ - ~ oQ II) a:: -- , , 0 W U- ... GO m 0 ,'-: ~ .".. E :::E :~;;~) ~ w <.) >. ...... I::: C. C1. - Q. ca W >. ::JJ 0 en , ....,..,- Ci. cr) c.. = _'I"I,~__~~~Z':" :::> :s .~:i,'~'; cr) 0 '- '" en ~ cu = -'= u:: c:I 1:: en ::0 0 :r z :::l U- en 0 f:2-' ."", z _m 0 ZO u t= .:::l:U I::: ~ C = = = = = = = c: w u <.";;.;.i ~ ~ C> ~ C> ~ 0. 0. 0 cu 0... .E E I::: 0 , :i5. 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',. e IX ~ ~ S w u.. ~ ... >- :iE 0 e- l:Q C) 0 Q :a n :E 2 = ~ a.. co ~ 0 0 "t:I ~ ::0 U ..." i Q) cf) 0 ;;:, : .z Q) 0 a; . E ~ = ~ "" u ;::;j 1&.1 (jj 0 ~ .<= ~ 8- "E c ~ "'" ~ Q) 0 .Q.. -' ~ ... ~ = 0: = ~ w 01:' - ~ Q) U 0- f!! -a u ~ U (.) I!? .... Iii c::: Cii :a Q) ~ ... ... ... 0. ~ ex: c: I, ,.0 Ci) 1D S ~ :> E :3 ::>> UJ - '0 0 0 ::i N c., ~ w ~ ~ ~ :x, 0 <C W ii2 ~ a- m ..- ~ 0 -g i:D ~ ~ -- N C") ...,. <n ..- ..... .., 6 ".Ei" <C ...i: ...i: ...i: ...i: ...i: a::l cO m cO :::l .' t:: en MetronFarnier 5661 Airport Blvd., Suite B Boulder, CO 80301 Monday, October 07, 1996 City of Delray Beach, FL 434 S. Swinton Avenue Delray Beach, FL 33444 Attention: Mike Offie Reference: Documentation for Large Meter Change-Out Project Dear Mike: Per our conversation 01 last week please find two copies of the information requested within the ;, green Metron-Farnier binders. The binders include our formalized revenue projection based on 47 3~ and 4~ meters as well as the expected return on investment Additionally I have provided our proposal for a turn-key installation of above referenced meters complete with remote electronics. Lastly, per your purchasing department's request you will find the City of Melbourne, Florida purchasing contract and bidding specifications for your review. The installation cost probably will be reduced after you send the vault audit to our office. This audit wUl also reduce the cost for spools as well. If you have any questions please give me a call. Very Truly, 9~ Ted Worth Regional Manager Metron-Farnier Phone: (303) 449-8833 Fax: (303) 449-1464 CITY OF DELRAY BEACH, FLORIDA LARGE METER CHANGE-OUT FINANCIAL ANALYSIS & PROPOSAL FOR TURN-KEY METRON-FARNIER SINGLE-JET REPLACEMENT OCTOBER, 1996 , CONTENTS I. COMMERCIAL SYSTEM AUDIT II. PROPOSAL III. CITY OF MELBOURNE, FL (purchase contract) IV. CITY OF MELBOURNE, FL (bidding specifications) ---- r r L COMMERCIAL SYSTEM AUDIT Commercial Metering System Audit l I Utility: ~ f City of Delray Beach,FL \System Data , i Water Rates $1.40 11000 gallons Sewer Rates $2.35 11000 gallons Total $3.75 11000 gallons Total Pumpage 4,380,000 x 1000 gals. (12 MGD) Approximate Total Metered Services 17,416 Candidate Services 1 1/2" 0 2" 0 3" 35 4" 12 6" 0 8" 0 Total Candidates 47 % of total services 0.27% jEstimated Revenue Recovery ~ Minimum Expected Best Case $97,125 $125,813 $154,500 [Impact on Unaccounted for Water l Minimum Expected Best Case Increased Billing (gat) 25,900 33,550 41,200 Decrease in Unaccounted for 0.6% 0.8% 0.9% Page 1 I .-------------...- Commercial Metering System Audit !Project Payback Analysis , Minimum Expected Best Case Estimated Revenue Recoveries $97,125 $125,813 $154,500 Total Project Cost $118,330 Projected Payback (years) 1.22 0.94 0.77 Page 2 --- ._._.._~.'...._---- II. PROPOSAL \ , i i I \ I '~--~'-----'---'--_._'---'------~~------ Metror:Farnier .4:1 - 5661 Airport Blvd., Suite B Boulder, CO 80301 ,.i! I Quotation I Number: TFW 35345.40 Date: 7-0ct-96 To: City of Delray Beach, FL Attn: Mr. Mike Offie Phone: 407-243-7335 FAX: 407-243-7060 I ITEM QTY DESCRIPTION UNIT PRICE TOT ALl 1 35 Spectrum 175- 3 inch single-jet meter $1,350.00 $47,250.00 Range: 1/3-350 gpm Lay length: 11.75" 2 12 Spectrum 260- 4 inch single-jet meter $2,085.00 $25,020.00 Range: 1/2-520 gpm Lay length: 13.75" 3 47 Remote Electronics $230.00 $10,810.00 (Compatible with all sytems) 4 47 Installation of meters $28,200.00 5 47 Spools with test ports $150.00 $7.050.00 (spools may be deleted after review of vault audit.) Total Project: $118,330.00 By: Ted Worth I QUOTATION QUOTATION QUOTATION QUOTATION t Tenns & Conditions: Address Purchase Order to: 1. Prices are F.O.B. Boulder METRON-FARNIER, L.L.C. 2. State and Local Sales Tax Not Included 5661 Airport Blvd. Suite B 3. Payment: Net 30 days Boulder, Colorado 80301 4. Delivery: 1-2 weeks 5. Quotation is Finn for 30 Days --- _.-~- -.--.... ,..,,"'-"-" --....----.".....---... .---.~ ...-... ~'- -- -.--..,-.......----.........-.,.------ Phone: (303) 449-8833 Fax: (303) 449-1464 \ "C'.' .._. ..._ ~-"," , ..:....:;..;.;..;-::..::":::::...::..;.;:-:..:.::..,;..._~.::..::::...:-..:::.=-~._~.:.:::: :.:-:-.:::.:.:-...::--'; . -..~_..._... ...~.....- , ... .........~ , " .-1 ..,--........._... ."'t' .,....> IlL CITY OF MELBOURNE, FL (purchase contract) City of Melbourne PURCHASE CONTRACT (08-160-96) Commercial Water Meters Award Date: September 26, 1996, by City Council THIS CONTRACT, entered into this 27th day of September. 1996 , for the period October 1. 1996 through September 30. 1997 , by and between the City of Melboume, Florida, hereinafter referred to as the City; and Metron-Famier. L.L.C.. 5661 Airport Boulevard. Suite B. Boulder. Colorado 80301 ; hereinafter referred to as the Contractor. NOW THEREFORE, the Parties do mutually agree that: 1. Scope of Service: Provide the City with single jet commercial water meters, in accordance with Bid Specifications, for the price(s) listed below: Item Description Each Cost A Single Jet Meters (low and medium flow rate) A-1 Metron-Famier, Spectrum 50, 1 1/2" Meter $ 492.00 A-2 Metron-Famier, Spectrum 88, 2" Meter 826.00 A-3 Metron-Farnier, Spectrum 175, 3" Meter 1 ,381.00 A-4 Metron-Farnier, Spectrum 260, 4" Meter 2,136.00 A-5 Metron-Farnier, Spectrum 440, 6" Meter 3,234.00 B Single Jet Meters (high flow rate) B-1 Metron-Famier, Enduro 660, 4" Meter 2,185.80 B-2 Metron-Farnier, Enduro 1100, 6" Meter 2,678.00 B-3 Metron-Farnier, Enduro 2400, 8" Meter 4,545.00 All prices F.O.B. Melbourne, Florida Annual quantities listed on the Bid Form are estimated usage for the period provided above and should not be interpreted as restrictive minimum or maximum quantity to which Contract prices apply. 2. Performance: Performance under this Contract shall be in accordance with Contractor's executed Proposal, dated AUQust 19. 1996. and attachments thereto; City Instruction to Proposers; and Specifications. 3. Payment: Payment shall be made on a monthly basis upon submission of invoice by the 25th of each month, in duplicate, to the Finance Department (Accounting). The Contractor shall be paid within thirty (30) calendar days after receipt of an itemized invoice and acceptance of the service by the City. 1 ..- "-'-- -- --_.._.~------- - . ..-.---- u_.._ _._...~__ ..."""...."".....,"""'.,.-".,.._..,." "" ~~ .,.~~'>if)Jl::1J\j~1 ,;:~~~~;' ~ I 4. Renewal of Contract: The term of Contract shall be renewable for two (2) additional twelve (12) month periods, at the same rate(s), by mutual agreement of both Parties, not to exceed three (3) consecutive years. 5. Termination for Default: If, through any cause, the Contractor shall fail to fulfill in a timely manner, its obligation under this Contract, or if the Contractor shall violate any of the terms and conditions of this Contract, the City of Melbourne shall have the right to terminate this Contract by giving written notice by certified letter to the Contractor of such termination specifling thereof, at least fifteen (15) days before the effective date of such termination. 6. Termination for Convenience: The Contract may be cancelled by either Party, upon sixty (60) days certified written notice to the other Party. WITNESS these signatures: CITY OF MELBOURNE METRON-FARNIER, L.L.C. 900 East Strawbridge A venue Matthew E. Laird. President Melbourne, Florida 32901 Name/title of authorized representative 9/27/96 10/1/96 David N. McCue, Purchasing Agent (Signature) (Date) Attest: (Seal) Attest: (Seal) By: By: Cathy Wysor, City Clerk Rachel Shepard, Notary Commission expires 2/9/99, Boulder, CO Distribution: DepartmenVDivision Purchasing 2 IV. CITY OF MELBOURNE, FL (bidding specifications) ."..~,-, ....-" -."~,, -,... ~-~.' ~.., .- ---,. '-"-." "~n * I~ SPECIFICA TTONS FOR LOW AND MEDIUM FLOW RATE COMMERCIAL METERS SINGLE JET METERS 11/2",2",3",4",6" SIZES , TYPE: Metcr typc shall be known as a Single-Jet. Meter shall have a single measuring element but mect the performance specification of A WW A C702 for Compound Meters. PERFORM^NCT~: Meters must meet the performance specifications outlined below. Bidder should submit technical documentation to support performance claims. Low Flow A WW A Accuracy Range Lay Length Meter Size !..at least 95%) (98.5% - 101.5%) (inches) I 1/2" 1/5 gpm 1/3-175 gpm 7.85", 13" or 17" 2" 1/4 gpm 1/2-265 gpm 9,..85" or 17" 3" 1/3 gpm 1/2-350 gpm 12" 4" 1/2 gpm 3/4-250 gpm 14" 6" 1 gpm 1.25-880 gpm 18" MA IN CASE: The main case shall be made ,of non-corrosive metal and shall withstand a working pressure of 150 P.S.T. without seeping or distortion affecting the free operation of the measuring unit. The direction of flow must be pennanently indicated on the case. A twenty year guarantee is required for the main case. ,,' REGISTER: The register must be housed separately from the measuring chamber and be directly driven. The register shall read in U.S. gallons. The register lens shall be tempered (scratch proof) glass. The register box must be securely attached to the main case and be securely held in place. An approved manner of tamper protection must be provided. Register shall have a warranty that states operation will be free from defects in material and workmanship for (15) years. PREREQUISITE PIPING: Mel.er shall operate accurately with no straight run of pipe before or after the meter. APPURTENANCES: Meter operation shall be unaffected by sand or other particulates in the line. The manufacturer must walTanty metcr operation and accuracy without a strainer installed. Meters shall be capable of remotc reading by remote touch pad, MIU, MXU or by a six digit, NEMA 4, LCD remote display. The remote touch pad shall be compatible with Hexagram, Dialog, Sensus and Schlumberger read systems. WARRANTY: Metcr shall be guaranteed to be frce from defects in material and workmanship for a period of five (5) years from date of shipment. SEE REVERSE SIDE . ~-- ---------- -' ---., ~. '. .-.. ..... .' ........... . . SPECIFICATIONS FOR HIGH FLOW RATE COMMERCIAL METERS SINGLE JET METERS 4",6" AND 8" SIZES , TYPE: Meter type shall be known as a Single-Jet. Meter shall have a single measuring element suspended within the meter body capable of sustaining a continuous high rate of flow. PERFORMANCE: Meters must meet the performance specifications outlined below. Bidder should submit technical documentation to support performance claims. Meters shall meet FM approval upon City request. Low Flow Nominal A WW A Accunlcy Range Pressure Lay Length Mt'tl'f Size (:It Il'list 95%) Flow (98.5%-10 I .5'Yu) Loss (inches ) 4" 5 gpm 660 7 gpm-925 gpm 1.6 11.8 6" 7 gpm 1100 9 gpm-1500 gpm 1. 6._ 14.8 8" 10 gpm 2400 1 J gpm-J400 gpm 1.6 22 MAIN CASE: The main case shall be made of non-corrosive metal and shall withstand a working pressure of 300 P.S.I. without seeping or distQrtion affecting the free operation of the measuring unit. The direction oftlow must be pennanently indicated on the case. A twenty year guarantee is required for the main case. REGISTER: The register must be housed separately from the measuring chamber and be directly driven. The register shall read in U.S. gallons. The register lens shall be tempered (scratch proof) glass. The register box must be securely attached to the main case and be securely held in place. An approved manner of tamper protection must be provided. Register shall have a warranty that states operation will be free from defects in material and workmanship for (15) years. PREREQUISITE PIPING: Meter shall operate accurately with a straight run of pipe after the meter that is no more than 2 times the diameter of the meter size itself.. APPURTENANCES: Meter operation shall be unaffected by sand or other particulates in the line. The manufacturer must warranty meter operation and accuracy without a strainer installed. Meters shall be capable of remote reading by remote touch pad, MIU, MXU or by a six digit, NEMA 4, LCD remoLe display. The remote touch pad shall be compatible with Hexagram, Dialog, Sensus and Schlumberger read systems. WARRANTY: Meter shall be guaranteed to be free from defects in material and workmanship for a period of five (5) years from date of shipment. J )- I Agenda Item No.: 3' L:;'" AGENDA REQUEST Request to be placed on: Date: October 28, 1996 _XX_Regular Agenda Special Agenda Workshop Agenda When: November 5,1996 Description of agenda item (who, what, where, how much): Bid Award - To A&B Pipe and Supply, via City of Boynton Beach Bid#051-401-96NSMG. ORDINANCE! RESOLUTION REQUIRED: YESINO Draft Attached: YESINO Recommendation: Award to A&B Pipe and Supply, at an estimated annual cost of $13,995.78, via The City of Boynton Beach Bid #051-401-96NSMG. Funding from account #442-5178-536-b1.77. Department Head Signature: Determination of Consistency with City Attorney Review! Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~o Funding alternatives~jt (if applicable) Account No. & Description: W"J-'r::;]7f/D{~6l77( W(-r, Pti, Rh Hyo 16eP) Account Balance: t I tf ( 0 DO. VI; CZ;r~ !Ok;1(;-(f( City Manager Review: Approved for agenda: ~O WA Hold Until: Agenda Coordinator Review: Received: Action: ApprovedlDisapproved MEMORANDUM TO: David Harden, City Manager FROM: K. Butler, Buyer d THROUGH: Joseph Safford, Finance Director DATE: October 14, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER 5,1996 - PURCHASE A WARD FIRE HYDRANTS, VIA CITY OF BOYNTON BEACH BID #051-401-96/VSMG Item Brifore Commission: The City Commission is requested to approve the award for the purchase of Fire Hydrants to A&B Pipe and Supply, at an estimated annual cost of $13,995.78, via City of Boynton Beach Bid #051-401-96/VSMG. Background: City of Delray Beach has a need for an annual contract for the purchase of fire hydrants. These fire hydrants are available from City of Boynton Beach Bid#051-401-96/VSMG, (Pipe Fittings, and other accessories) which was awarded at their August 20, 1996 City Commission Meeting. The vendor has agreed to extend the same terms and pricing to the City of Delray Beach, see attached memo dated September 25, 1996. The Superintendent of Water/Sewer Network recommend award to A&B Pipe and Supply Company per attached memo dated September 27, 1996. Recommendation: Staff recommends award to A&B Pipe and Supply at an estimated annual cost of $13,995.78. Fundingfrom account #442-5178-536-/'1. 77. Attachments Letter from A&B Pipe and Supply Dated 9/25/96 Memo from Superintendent o/Water/Sewer Network City of Boynton Beach Commission Agenda Dated 8/20/96 cc: Joseph Safford, Finance Director William Greenwood, Director of Environmental Services Mike Offie, Supt. Water/Sewer Network fL:L MEMORANDUM TO: Kathy Butler, Buyer FROM: Michael S. Offie, Manager Water/Sewer Network SUBJECT: FIRE HYDRANTS DATE: October 9, 1996 Thank you for your assistance with the fire hydrant bid. Estimated quantities for fiscal year 1996-1997 are as follows: 3FT. 6 each 5 1/4" Main Seat Valve 3 1/2 FT. 8 each 5 1/4" Main Seat Valve 4FT. 8 each 5 1/4" Main Seat Valve Approximate Cost - $ 13,995.78 Funding Source - 442-5178-536Jl:77 Hydrants shall be delivered painted silver. ~4~ Michael S. Offie cc: William H. Greenwood file:hyd97 A 9-25-1996 11 : 24AM FROM A B PIPE SUPPLY 305 696 6810 P_2 -A. c. B. pipe~g~eo.. PIPE . VALVES . FITTINGS PHONE: (305) 691...5000 INDUSTRIAL SUPPLIES MAILING ADDRESS: 8ROWARD: (305) 527-0082 P. O. BOX 3367 FAX: (305) 696-6810 6500 N_W. 37th AVENUE HIALEAH, FLORIDA 33013.3367 MIAMI, flORIDA SEPTEMBER 25, 1996 CITY OF DELRAY BEACH 434 SO. SWINTON AVENUE DELRA Y BEACH. FL 33444 A1TN.: KATIIY DEAR KATHY: TIllS IS TO INFORM YOU mAT YOU CAN PIGGYBACK OFF TIlE CITY BOYNTON BEACH'S YEARLY CONTRACT #05 140 I 96NSMG ON FIRE HYDRANTS. mE HYDRANTS ARE MUELLER CENTIJRlON'S AND CAN BE PAINTED SILVER. WE LOOK FORWARD TO A GOOD BUSINESS RELATIONSHIP wrrn YOU- IF I CAN BE OF ANY FURTHER ASSISTANCE. PLEASE DON'T HESITATE TO CONTACT ME. VERY IRUL Y YOURS, A & B PIPE AND SUPPLY, 1Ne. ~ ~ MARIO AMAOOR SALES ADMINISTRATOR . 11 :;0 i l; ~ fjj 1\ , (/) w ig~! coo Q ,j C (/J p] ii ii ii iii :.~ ~ ~ i i i i i " t ~_ . ,... I (/)~>N " ~ .z ~ ~ ;, - 0 " - :1 _ :1 11 ~ :, ~ ,. .... ~ 'j W f ~ ri !I w...J I>> I: I I' a: ~ i .... ,: In % :;; ~ ~ i I f!' ::f3~~! i i i i I ! ... il ~ .. lZJ ~ _ 'a ..c:.' CiS . ~ ; I .If i::z: ~ ~ - 'I I: oCI 0 > .... I ;'''' - f8 I I \lii CI). ..... << - ..c:. 8. dr' ~ !! -IIi. It ~ I! .I~. ;'.. . .0 c: <<SIt,. er; C'G - '0':....1.. :.:: 1 .". e ~ '0';.;. o - ~ 6:: ' ~ r:I.l J '! i .~ ~ ~ 11 ~ !! ;;; " ~ I . 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I' I W ", "';, 'N N N N N N N fZ ~ ! i I~~!ill ill,!j'I'!.... .... - - ... ........ N.. W UJ d 1~11111 .1. I 5 ~ zl gzl,I;I,:!: I ,!1 'I!,: ~I ~ I ~ ~ ~ ~ ~:! ~ ~ o a Cl IU' ~,....,...- yo- .... .... ........ ....... E 'd 86(:9 SLE LO~ 'ON XV d S~ I 1 I 1 I 10 HJV~H NOINAOH WV 6~: 8 NOW 96-0E -d~S )\ .1 \ Agenda Item No. f t." AGENDA REQUEST Date: 10/30/96 Request to be placed on: - Workshop Agenda When: 11/5/96 XX Regular Agenda - Special Agenda Description of item (who, what, where, how much): Staff requests Commission approval for the purchase of an ozone generator to be installed in a regional lift station for odor control. Testing in the City indicates that ozone is more reliable, with lower level of equipment maintenance, than the wet scrubbers currently in use. The lowest responsive bidder is Environmental Systems, Inc. with a proposal of $15,300.00. Funding is from Capital Outlay Account 441-5161-536-64.90, Other Equipment/Machinery. ORDINANCEIRESOLUTION REQUIRED: YES~ DRAFT ATTACHED YE@ Recommendation: Staff recommends approval of purchase of ozone generator from Environmental Systems, Inc. DEPARTMENT HEAD SIGNATURE: t$d~-- - j 1PhlJ!,J ~ I , Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding availabl~O Funding alternatives ~ Aooount No. & D"\?,on Account Balance . . City Manager Review: Approved for agenda@o t??1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Richard C. Hasko, P .E., Assistant City Engineer ~ SUBJECT: OZONE GENERATOR PURCHASE DATE: October 30, 1996 Attached is a bid tabulation and agenda request for the purchase of an ozone generator to be used for odor control in the City's wastewater system. The unit will be installed at a regional Lift Station, (i.e. L.S. 50 or 80) and will provide odor control by generating ozone which will be circulated through the station wet well, reacting with atmosphere hydrogen sulfide to eliminate sewage odors. Tests performed at City regional stations have indicated that ozone is more reliable, requiring lower levels of equipment maintenance, than the wet scrubbers currently in use. Depending on the results of performance monitoring of this ozone generator unit, staff intends to ultimately replace all wet scrubber units with ozone generators. The lowest responsive bidder for this purchase is Environmental Systems, Inc. with a proposal of $15,300.00. Since their submittal conforms with requirements of the bid specifications, staff recommends approval of the purchase of an ozone generator and appurtenant equipment from Environmental Systems, Inc. for the price of $15,300.00. 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" -::I""!i<" ~~='" - ::I aa 'P > :-0 q :ras.R ~ s:~ n:;:J 0.;- "" >-3 . "' f { it IIJ · j ! I I: = 1'1 It' .Loi ~ f I " ., I. i II h hJ ilUt 'I II ! II Ii El Plj IIII ~ ~ 2 , & I I. ~ ~l I 15 J t; . ~ HI II: ti.. 1 il u lI:~ }1 I ~~ ~ ~ J j ~ I i I ).,Ql"'~~J :!"." lie ~~'f=~ ! :1 ~~! ~ a ....Q~fl ooq:~ !!I; ).,~ III S QO .. III; hi ~~ 8 ~ I ~ S ! I" jlll ~ 1.! .1. J I . ,I il ;1 ~ ~I Ii I I il III ItJ I J. IJlI' . J I ~ III II &-JI Ihj II -t- ~ .. . j J , II I J II - . \ Agenda Item No.: fi..'f AGENDA REQUEST Request to be placed on: Date: October 28, 1996 _XX_Regular Agenda Special Agenda Workshop Agenda When: November 5,1996 Description of agenda item (who, what, where, how much): Purchase award to upgrade replacing Twenty (20) MTlOOO radios to HTI000 radios, at a total cost of $19,467.80. ORDINANCE! RESOLUTION REQUIRED: YESINO Draft Attached: YESINO Recommendation: A ward purchase to Motorola C & E, via Palm Beach County School Board Contract#SB966-139J at a total cost of$19,467.80. Funding - 001-2113-521-64.90 Department Head Signature: 2: ~~~'" Determination of Consistency with 0 ehenslVe Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~INO Funding alternatives: . (if appft{Je) r, Account No. & Dr31;lr'v,~1? -S L I. IA -=9 0 -'- u.t.,-{)I{iun/ Account Balance:,-~ '7 J &1 [;f.,,1P' City Manager Review: Approved for agenda: ~INO t~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .. . . MEMORANDUM TO: David Harden, City Manager FROM. K. Butler, Buyer J ... 13... THROUGH: Joseph Safford, Finance Director DATE: October 29, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER 5, 1996-PURCHASEAWARD RADIO EQUIPMENT UPGRADE @ POLICE DEPT Item Bf:.fore Commission: The City Commission is requested to approve the award for the purchase of Twenty (20) replacement radio equipment to Motorola C & E, at a total cost of$19, 467. 80. Background: The Police Department is requesting to upgrade their existing aging radio equipment from MT I 000 to HT 1000 radios. Funding for this equipment is budgeted in the Police Department FY 96/97 budget, Account # 001-2113-521-64.90 Motorola radio equipment is available for purchase utilizing the Palm Beach County School Board Contract #SB966-139J. Recommendation: The Purchasing Staff concurs with the recommendation to purchase this equipment from Motorola C & E at a total cost of$19,467.80 Attachments Memo from Police Department Pricing from Motorola C & E cc: Tina L. Lundsford ii-f. - - . DELRA Y BEACH f L 0 K I () " Delray Beach Police Department ........ AlI.America City 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , t II J! (407) 243-7888 Fax (407) 243-7816 1993 To: Senior Buyer Jackie Rooney Purchasing From: Assistant Director Tina L. Lunsford ~ Support Services Division Date: October 17th, 1996 Subject: Twenty (20) Replacement Radios Please send the following request to City Commission for final approval. It was approved in the 96/97 Budget out of account # 001211352164.90. Twenty (20) Replacement Radios: This purchase is required to replace aging MT500 radios and upgrade the following MT 1 000 radios to HT 1 000 radios: . Organized Crime Section "O.C.S." (8) . Patrol Division (6) . Detective Division (6) Gulfstream Police Department & Parking Enforcement/Roving Patrol will each receive 10 of the MTI000 radios, replacing the MT500's currently being used. The MT500 radios are unreliable and continually require service. The age of the radios prohibits our ability to obtain a maintenance agreement with the vendor. Repair is charged at $95.00 per hour. The equipment has been entered into the system under requisition #47817. Your prompt action will be appreciated. ppt cc: Adm. Officer Junghans IEL: Rpr 25,07 22:05 No.003 P.02 . . Octobor 31, 1996 City of Delray Beach Police Department 300 W. Atlantic Ave. Delray Beach, F L 33444 Attn: MS. Tina Lunsford Dear Ms. Lunsford: Following is a quotation on the HT1000 portable and various accessories. In regards to your Unit ID, I contacted our service center, Dennis Daley, and was advised that in the past, when new radios were purchased, the Unit 10 number is maintained and selected by the Police Department. These selections were then passed on to our service center, which in turn programmed the code into the portable. The Police Department contracted the programming costs directly with the service shop on a separate requisition. That is why it never showed up on my order For this order, it is your choice to add programming to this order, ($35.00 per unit), or contract directly with Signal when the radios are received. Our quote is as follows: Item Qty Description Unit Price Extended 1 20 H01S0C9M3_N, HT1000 portable, $775.00 $15,500.00 UHF, 16 channel, with belt clip back cover, one year warranty, whip antenna. 1a 20 H477, Factory frequency and PL code NC NC 1b 20 H226, Ultra high capacity battery $ 21.00 $ 420.00 1c 20 H437, Compact rapid charger $ 4900 $ 980 00 1d 20 H885, 2 year extended service $ 31.00 $ 620.00 2 20 NMN6228, Remote spkr/mic $ 84.00 $ 1,680.00 NAE6548, Antenna for item 2 $ 13.39 $ 267.80 3 20 TOTAL: $19,467.80 TEL: Rpr 26,07 22:06 No.003 P.03 -- , -. ACCESSORIES: 1. Public Safety Speaker/mics a. NMN6228, Speaker/mic $84.00 ea b. NAE6548, antenna $13.39 aa 2. Spare flexible whip antennas NAE6549, flexible whip antenna, mount $17.85 ea on the radio. 3. Spare radios, (radio without antenna, battery, or remote spkr/mic) NOTE: The spares will not be programmed for 10 because it will not be known in advance which radio will need replacing. a. H01SDC9AA3_N, HT1000 portable $755.00 ea with antenna removed, and charger removed. Note: There is no way to eliminate the battery from the the basic radio model. It would be more reliable to have a fresh battery on the replacement radio rather than a partially used one. All prices are firm, and taken from the Palm Beach County School Board contract # SB966-139J. expiring 2/15/97. Terms are net 30 days. Shipment is fob destination. Delivery can be made in 3-4 weeks from receipt of order. Sincerely, MOTOROLA COMMUNICATIONS & ELECTRONICS, INC. ,-,. a ~ f{~' tH U. - Jih, Carlson') Account Manager CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 5. 1996 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: ADD ITEM 8.L.5. TO THE CONSENT AGENDA: Purchase award to Hansen Information Technologies, Inc. for utility operations, maintenance and inventory management system software, in the amount of $60,490 from various Division Software Accounts No. 66.10. ~. ~ It. Agenda Item No.~ REVISED AGENDA REQUEST Date: November 4, 1996 Request to be placed on: Workshop Agenda When: November 5,1996 - XX Regular Agenda - Special Agenda Description of item (who, what, where, how much): Staff requests Commission approval for the purchase of infrastructure management systems software from Hansen Company, in the amount of $60,490.00. The software will provide immediate benefits to Utilities, Public Works and Parks and Recreation Departments in the efficient management of the operation and maintenance of the City's infrastructure systems using current technology to track and schedule maintenance activities as well as myriad other activities. Staff comparison of Hansen with other similar systems reflects Hansen's ability to provide the greatest flexibility and comprehensive set of applications. Funding is as follows: Public W orks/Streets- Account 001-3113-541-66.10-$10,082.00; Public WorkslBuilding Maint.- Account 001-3431-519-66.10-$10,082.00; Public Works/Storm Water- Account 448- 5416-538-66.10-$10,082.00; and Utilites/R&R- Account 442-5178-536-66.10-$30,245.00 (total $60,490.00). ORDINANCE/RESOLUTION REQUIRED: YE@ DRAFT ATTACHED YE~ Recommendation: Staff recommends City Co ~EP ARTMENT HEAD SIGNATURE: II r{, 'I" Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure offunds): Funding available YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agend~O trtv] Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [!.~ SUBJECT: AGENDA ITEM # 2 LS - MEETING OF NOVEMBER 5, 1996 PURCHASE AWARD TO HANSEN INFORMATION TECHNOLOGIES, INC. DATE: NOVEMBER 4, 1996 This is before the Commission to approve a purchase award to Hansen Information Technologies, Inc. for their system software. Prior versions of Hansen software were used in the Utilities Department and found to be useful tools in tracking water and sewer systems maintenance activities, work orders, system component inspection records, inventory, residents' concerns, and many other functions necessary to the success of utility operation and maintenance efforts. Staff researched other software systems for comparison and concluded that the package offered by Hansen will provide the City with the most flexible and comprehensive combination of features and enhancements needed for day-to-day management of the City's infrastructure. Software modules provided with this package will be used by Utilities Divisions, Public Works Divisions, and the Parks Maintenance Division. Funding in the amount of $60,490 is available from various Division Accounts: $10,082 from Streets (Account No. 001-3113-541-66.10) $10,082 from Building Maint. (Account No. 001-3431-519-66.10) $10,082 from Storm Water (Account No. 448-5416-538-66.10) $30,245 from Utilities Renewal and Replacement (Account No. 442-5178-536-66.10) . Recommend approval of the purchase of the Hansen Information Technologies, Inc. management system software, in the amount of $60,490. REVISED MEMORANDUM TO: David T. Harden, City Manager FROM: Rkhwd C. H"ko, P.E., ^"i_t CHy Eog;n"", ~ SUBJECT: HANSEN INVENTORY MANAGEMENT SYSTEM SOFTW ARE DATE: November 4,1996 Attached is a proposal from Hansen, requested by staff, for the purchase of various modules of their inventory management system software in the amount of $60,490.00. Prior versions of Hansen software were used in the Utilities Department and found to be useful tools in tracking water and sewer systems inventory, maintenance activities, work orders, complaints from residents, system component inspection records and many other functions necessary to the success of utility operation and maintenance efforts. The current version of Hansen's software has been significantly enhanced for ease of use and speed/convenience of data retrieval. Utilities, Public Works and M.I.S. staff have researched other inventory management systems for comparison and have concluded that the package offered by Hansen will provide the City with the most flexible and comprehensive combination of features and enhancements needed to advance day to day management of our infrastructure system to current levels of technology. Software modules provided with the proposed package will be used by Utilities Divisions of Water/Sewer Network, Utilities Maintenance and Water Treatment Plant. Public Works Divisions of Building Maintenance and Streets will also become users of the system for O&M management of City facilities as well as streets and drainage systems. Parks and Recreation Department will also benefit from this acquisition which will provide fast and efficient management of Parks' maintenance programs. Funding from the Hansen Software is proposed as follows: Dept./Div. Account Amount Public Works/Streets 001-3113-541-66.10 $10,082.00 Public Works/Building Maint. 001-3431-519-66.10 $10,082.00 Public Works/Storm Water 448-5416-538-66.10 $10,082.00 Utilities/R&R 442-5178-536-66.10 $30,245.00 Total $60,490.00 Please place this item on the November 5, 1996, agenda for consideration by the City Commission. RCH:cl cc: William Greenwood Robert Barcinski Joseph Weldon Hoyt Owens File ~ . . .Jnsen Information Technologies Inc"l City of Delray Beach, FL llan...en's IMS for Water, Sewer, Street, Storm, Parks & Plant 10 Concurrent UserslWindows NT Ouantity UnilJ?rice ('o~ SOFTWARE COSTS I lansen's IMS vcrsion 70 for Water, Sewer.. --10 3 )00 33.000 Street, Storm, Parks, and Plant FicldWORKS for Water 2 2,500 5,000 Hansen':) Windows Reporting Module 2 900 1,800 Hansen's Import/Export Modulc._ 1 . 2,50~ 2,500 ORACLE Workgroup 2000 (8 Users) 10 295 2,950 Annual Service and Maintenance 7,900 ORACLE Annual Service and Maintcnance 1,'100 Less Discount for I~xisting System (WDMS & WCMS )-- -I O~?60 TOTAl, SOFTWARE COST $43,590 PROFESSIONAL SERVICI<:S COSTS Databa~c Set-up and InstallatIon 2.000 Dacabasc CO/1version Control Document a/ld Addlt"s~ & hnployec Fik Conversion '> ,OO() Development orImpon lntcrfac.c for Balch Updates or AS.1()(J ASCII Expons I . ()()() Onsite Training ti.>r Database Administrator (2 day~ @ $800 per day) I ,()()O Onsitc "II aining () duys (o! $~()() pCI day) ,1.000 Out or Pu(:kd Fxpcnscs I, H)O TOTAl, PROFESSIONAl. SERVICES $16,900 T()TAL COST I $60,4901 l/96 Price Quote by Ed Kelly . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~~ SUBJECT: AGENDA ITEM # 9A - MEETING OF NOVEMBER 5, 1996 AGREEMENT FOR FINANCIAL ADVISORY SERVICES/PUBLIC FINANCIAL MANAGEMENT, INC. DATE: NOVEMBER 1, 1996 At the October 15th regular meeting, the Commission asked for additional information on Public Financial Management (PFM) and questioned whether we needed to bid this service at this time. PFM is a national financial advisory firm and is not affiliated with a financial institution or an underwriting firm, thereby able to provide professional services to the City without any biases or preferential treatment toward our bond counsel or underwriting team. Being national in their business activities, we have access to a wider variety of financial data and expertise than would be available with only a local firm in resolving complex trans- actions to ensure we are acting within both in governmental finance and IRS guidelines. This expertise along with the solid reputation of the financial consultant become important factors in bond ratings and financing fees and costs. PFM has not increased their competitive rate structures for over six years. Their service has been excellent and they work well with our current bond counsel, City Treaturer, Finance Director, bond underwriters, and bond underwriting counsel. There is no fixed time period associated with this professional services contract, so the City is free to terminate the relation- ship at any time. Mr. Safford will be at the meeting to answer any questions. ~ 0-0 MEMORANDUM To: David T. Harden, City Manager From: Joseph M. ~ce Director Date: November 1, 1996 Subject: Financial Advisory Services- Public Financial Management The City Commission had asked for additional information on Public Financial Management (PFM) and questioned whether we needed to bid this service at this time. PFM is a national financial advisory firm that is one of only a few firms that is not affiliated with a financial institution or an underwriting firm. We feel that this consultant can therefore provide professional services to the City without any biases or preferential treatment toward our bond counselor underwriting team By being national in their business activities, we have access to a wider variety of financial data and expertise than would be experienced with only a local firm. We constantly touch bases with this :firm in resolving complex or confusing financing transactions to insure we are acting within acceptable guidelines both in governmental finance and IRS standards. Most of this consulting advice is never charged for. This firm is knowledgeable about the financial condition and personnel in the City and this is an extremely important facet within public finance and the financial markets. This knowledge along with the solid reputation of the financial consultant become important factors in bond ratings and financing fees and costs. PFM has not increased their competitive rate structures for over six (6) years. Their service has been excellent and they work extremely well with our current bond counsel, City Treasurer, Finance Director, bond underwriters, and bond underwriting counsel. The contract with PFM is a professional services contract that the City is free to get out of at any time. There is not a fixed time period associated with this contract that we are locked into. The present staff recommends continuing our relationship with PFM at this time. i< c~' / .1 L "l{// 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. AN AGREEMENT BETWEEN CITY AND PUBLIC FINANCIAL MANAGEMENT, INC. FOR FINANCIAL ADVISORY/CONSULTANTSERVICES This agreement, made and entered into this _ day of _, 1996, by and between City of Delray Beach, (hereinafter call the "City") and Public Financial Management, Inc., authorized to do business in the State of Florida (hereinafter called the Financial Advisor/Consultant or "PFM") sets forth the terms and conditions under which the Financial Advisor/Consultant shall provide services. WITNESSETH WHEREAS, the City is desirous of obtaining the services of a Financial Advisor/Consultant to assist in implementing strategies to meet its current and long term capital financing requirements and to render assistance in the preparation and marketing of debt, and WHEREAS, PFM represents that it is capable of providing the necessary Financial Consulting Services. NOW, THEREFORE, in consideration of the above mentioned premises and for the purposes of the Agreement and the various convenants, conditions, terms and provisions which follow: . I. SCOPE OF SERVICES PFM shall provide, upon request of the City, services related to financial planning and policy development and services related to debt issuance. The services provided shall include but not necessarily be limited to the following: 1. Service related to the Financial Planninl! and Policy Development upon request of the City: . Assist the City in the formulation of Financial and Debt Policies and Administrative Procedures. . Review current debt structure, identifying strengths and weaknesses of structure so that future debt issues can be structured to maximize ability to finance future capital needs. This will include, but not be limited to, reviewing existing debt for the possibility of refunding that debt to provide the City with savings. . Analyze future debt capacity to determine the City's ability to raise future debt capital. . Assist the City in the development of the City's Capital Improvement program by identifying sources of capital funding for infrastructure needs. . Assist the City with the development of the City's Financial Plan by assessing capital needs, identifying potential revenue sources, analyze financing alternatives such as pay-as-you-go, lease/purchasing, short- term vs. long-term financings, assessments, user fees, impact fees, developer contributions, public/private projects, and grants and provide analysis of each alternative as required as to the budgetary and financial impact. . Review the reports of accountants, independent engineers and other project feasibility consultants to ensure that such studies adequately address technical, economic, and financial risk factors affecting the marketability of any proposed revenue debt issues; provide bond market assumptions necessary for financial projections included in these studies; attend all relevant working sessions regarding the preparations, review and completion of such independent studies; and provide written comments and recommendations regarding assumptions, analytic methods, and conclusions contained therein. . Develop, manage and maintain computer models for long-term capit,!l planning which provide for inputs regarding levels of al valorem and non-ad valorem taxation, growth rates by operating revenue and expenditure item, timing, magnitude and cost of debt issuance, and project operating and capital balances, selected operating and debt ratios and other financial performance measures as may be determined by the City. . Provide debt services schedules reflecting varying interest rates, issue sizes, and maturity structures as these are needed for feasibility consultants or for related City fiscal planning; and . Attend meetings with staff, consultants and City Officials. . Review underwriter's proposals and submit a written analysis of same to the City. . Undertake any and all other financial planning and policy development assignments made by the City regarding bond and other financings, and financial policy including budget, tax, cash, management issues and related fiscal policy and programs. . Assist the City in preparing financial presentations for public hearings and/or referendums. . Provide other special financial services as requested by the City. 2. Services Related to Debt Transactions Uncludes short term financines. notes. loans. letters of credit. line of credit and bonds ). Upon the reauest of the City: . Analyze financial and economic factors to determine if the issuance of bonds is appropriate. . Develop a financing plan in concert with City's staff which would include recommendations as to the timing and number of series of bonds to be issued. . Assist the City by recommending the best method of sale, either as a negotiated sale, private placement or a public sale. In a public sale, make recommendation as to the determination of the best bid. In the event of a negotiated sale, assist in the solicitation, review and evaluation of any investment banking proposals, and provide advice and information necessary to aid in such selection. . . Advise as to the various financing alternatives available to the City. . Develop alternatives related to Debt Transaction including evaluation of revenues available, maturity schedule and cash flow requirements. . Identify key bond features and advise provisions regarding security, reserve fund, flow of funds, redemption provisions, additional parity debt test, etc. . Evaluate benefits of Bond Insurance and/or security insurance for Debt Reserve Fund. . If appropriate, develop credit rating presentation and coordinate with the City the overall presentation to rating agencies. . Assist the City in the procurement of other services relating to debt issuance such as Printing, Paying Agent, Registrar, etc. . Provide other ancillary services as requested by the City. . Review the reports of accountants, independent engineers and other project of feasibility consultants as requested to ensure that such studies adequately address technical, economic and financial risk factors affecting the marketability of any proposed revenue debt issue; provide bond market assumptions necessary for financial projections included in these studies; and provide written comments regarding assumptions, analytical methods, and conclusions contained therein. . Identify key bond covenant features and advise on provisions to be included in bond resolutions regarding security, creation of reserve funds, flow of funds, redemption provisions, additional parity debt test, etc.; review and comment on successive drafts of bond resolutions. . Review the requirements and submit analysis of Insurance, rating agencies and other professionals as they pertain to the City's obligation. . Review the terms, conditions and structure of any proposed debt offering undertaken by the City and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current financial policy and fiscal capability. . Assist in the preparation of the preliminary and final official statemeI)t and coordinate with the City the appropriate data, disclosure information and pertinent factors regarding the City and the proposed financing program. . Provide regular updates of tax-exempt bond market conditions and advise the City as to the most advantageous timing for issuing its debt. . Advise the City on the condition of the bond market at the time of sale, including volume, timing considerations, competing offerings, and general economic considerations. . Assist and advise the City in negotiations with investment banking groups regarding fees, pricing of the bonds and final terms of any security offering, and make in writing definitive recommendations regarding a proposed offering. Provide assurance that the pricing of the bonds is the lowest price based on existing market conditions. . Assist in closing of the City's bond issues to ensure the delivery of funds under favorable financial conditions. If the bond issue is competitive, the services of the Financial Advisor will be modified to reflect that process. ll. WORK SCHEDULE The services of the Financial Advisor/Consultant are to commence upon request by the City for such service, and shall be undertaken for each financial transaction or project and completed as to assure completion in a manner and time which are in accordance with the purpose of this Agreement. Services which are not related to a particular transaction shall be completed as agreed between the City and the Financial Advisor/Consultant. fiI. FINANCIAL ADVISORY/CONSULTANT COMPENSATION For the services described, PFM's professional fees and expenses shall be paid as follows: 1. For services related to financial planning and policy development, PFM will receive an hourly rate for assigned tasks, per the attached fee schedule. 2. For services related to Debt Transaction, (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 Refundings $15,000 Reimbursable Expense In addition to the above, PFM will be compensated for the actual cost of necessary, reasonable, and documented out-of-pocket expenses incurred for travel, meals, lodging, telephone, mail, and other ordinary cost. PFM will be reimbursed for any actual extraordinary cost for graphic, printing, data processing and computer time which are incurred by PFM with prior approval of the City. Appropriate documentation will be provided. The City and the Financial Advisor/Consultant reserve the right, during the term of this Agreement, to review the method of compensation. IV. TERMS AND TERMINATION This agreement shall remain in effect for a five (5) year period unless canceled in writing by either party at their convenience upon thirty (30) days written notice to the other party. The City shall have the right at its sole option and determination to renew this agreement upon the same terms and conditions in this agreement. --...- V. ASSIGNABILITY The Financial Advisor/Consultant shall not assign any interest in this Agreement or subcontract any of the work performed under the Agreement and shall not transfer any interest in the same without prior written consent of the City. VI. INFORMATION TO BE FURNISHED TO THE FINANCIAL ADVISOR All information, data, reports, and records in the possession of the necessary for carrying out the work to be performed under this Agreement shall be furnished to the Financial Advisor/Consultant without charge by the City, and the City shall cooperate with the Financial Advisor/Consultant in every way possible. VD. NOTICES When either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to-wit: . FOR ISSUER: FOR THE FINANCIAL ADVISOR Joseph M. Safford Ms. Lavon P. Wisher, Managing Director City of Delray Beach Public Financial Management, Inc. 100 N.W. 1st Avenue 5900 Enterprise Parkway Delray Beach, FL 33444 Fort Myers, FL 33905 VID. TITLE TRANSFER The products of this Agreement shall be the sole and exclusive property of the City upon completion or termination of this Agreement. The financial Advisor/Consultant shall deliver to the City copies of any and all material pertaining to this Agreement. IX. INSURANCE PFM shall provide insurance coverage in types and amounts acceptable to the City. The City shall be named as an additional insured as to professional liability, general commercial liability and automobile liability insurance. Professional liability insurance shall remain in effect for 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 anni versary thereafter. x. INDEMNIFICATION PFM 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 PFM'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 PFM's performance or non-performance under this Agreement. PFM agrees to indemnify, hold harmless and defend the City, its officers and employees against any liability arising from or based on a violation of any Federal, State, County or City laws, or respective charters, ordinances or regulations. This indemnification shall survive the termination of this agreement. XI. ENTIRE AGREEMENT This Agreement represents the entire integrated Agreement between the City and PFM and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, charged, modified, or otherwise altered in any way, at any time, after the execution hereof, except by written approval of the City and PFM. IN WITNESS THEREOF, the parties have hereunto set their hands and seals on the day and year first above written to an original and three (3) counterparts of this Agreement each of which shall constitute an original. . Public Financial Management, Inc. By: JJtW<JY1 u~lu ? Managing Director City of Delray Beach By: ATTEST: Mayor By: City Clerk Approved as to form: City Attorney HOURLY FEE SCHEDULE Managing Director $175 Senior Managing Consultant $160 Consultant $130 . f}J o s-t-pO (l ~<(S r 0 I t\ .6 corn (l'l 6 I Cl b 40 # ",,'S ,ol' /(l\A4or-- tJfl Agenda Item No.: f~ AGENDA REQUEST September 24, 1996 Date: Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: Ckrnl"\Pr 1. 1 qqn Description of agenda item (who, what, where, how much): A rove Public Financial Mana ement Inc. as the City's Financial for a five year term with termination wit or w t out cause y ---YQon thirty days notice of termination. ORDINANCE/ RESOLUTION REQUIRED: YLS/NO Draft Attached: YES/NO Recommendation: Approve the above contract. Department Head Signature: Determination of Consistency s ...... " J ... City Attorney R~commendation (if applicable): A Ot:" '. Budget Director Review (required on all items involving expenditure of funds): Compensation paid with Bond proceeds. Funding available: YES/ NO N/A Funding alternatives: (if applicable) I Account No. & Description: Account. Balance: ./ Ci ty Manager Rev iew: ..'~ _.. . {ctt'-v-<.L ~<..:c.l~~..;W2~- Approved. for agenda, @/ N'1/~/) t~. '.. ..v:_'~. 2.,'. Hold Unt~l: ., 1,__ 1A.J- /q~ ~--f:--f',( '_ .. r I '-t;/~--;C&~ ~..~'v~ L&JW- Agenda Coord~nator Rev~ew: tv'-"-t'~....J~ ~ Received: Action: Approved/Disapproved MEMORANDUM To: City Commission From: David T. Harden, City Manager Subject: Public Financial Management -- Contract Renewal for Financial Advisory Services Date: September 24, 1996 Public Financial Management (PFM) has been the City's Financial Advisor for 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: . 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 . 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. Staff has been more than satisfied with the level of expertise and consistency that PFM has provided and therefore, recommend approval of the contract. . . . AN AGREEMENT BETWEEN CITY AND PUBLIC FINANCIAL MANAGEMENT, INC. FOR FINANCIAL ADVISORY/CONSULTANT SERVICES This agreement, made and entered into this _ day of _, 1996, by and between City of Delray Beach, (hereinafter call the "City") and Public Financial Management, Inc., authorized to do business in the State of Florida (hereinafter called the Financial Advisor/Consultant or "PFM") sets forth the terms and conditions under which the Financial Advisor/Consultant shall provide services. WITNESSETH WHEREAS, the City is desirous of obtaining the services of a Financial Advisor/Consultant to assist in implementing strategies to meet its current and long term capital financing requirements and to render assistance in the preparation and marketing of debt, and WHEREAS, PFM represents that it is capable of providing the necessary Financial Consulting Services. NOW, THEREFORE, in consideration of the above mentioned premises and for the purposes of the Agreement and the various convenants, conditions, terms and provisions which follow: . . I. SCOPE OF SERVICES PFM shall provide, upon request of the City, services related to financial planning and policy development and services related to debt issuance. The services provided shall include but not necessarily be limited to the following: 1. Service related to the Financial Plannine: and Policy Develooment uoon reauest of the City: . Assist the City in the formulation of Financial and Debt Policies and Administrative Procedures. . Review current debt structure, identifying strengths and weaknesses of structure so that future debt issues can be structured to maximize ability to finance future capital needs. This will include, but not be limited to, reviewing existing debt for the possibility of refunding that debt to provide the City with savings. . Analyze future debt capacity to determine the City's ability to raise future debt capital. . . . Assist the City in the development of the City's Capital Improvement program by identifying sources of capital funding for infrastructure needs. . Assist the City with the development of the City's Financial Plan by assessing capital needs, identifying potential revenue sources, analyze financing alternatives such as pay-as-you-go, lease/purchasing, short- term vs. long-term fmancings, assessments, user fees, impact fees, developer contributions, public/private projects, and grants and provide analysis of each alternative as required as to the budgetary and financial impact. . Review the reports of accountants, independent engineers and other project feasibility consultants to ensure that such studies adequately address technical, economic, and financial risk factors affecting the marketability of any proposed revenue debt issues; provide bond market assumptions necessary for financial projections included in these studies; attend all relevant working sessions regarding the preparations, review and completion of such independent studies; and provide written comments and recommendations regarding assumptions, analytic methods, and conclusions contained therein. . Develop, manage and maintain computer models for long-term capit~ planning which provide for inputs regarding levels of al valorem and non-ad valorem taxation, growth rates by operating revenue and expenditure item, timing, magnitude and cost of debt issuance, and project operating and capital balances, selected operating and debt ratios and other financial performance measures as may be determined by the City. . Provide debt services schedules reflecting varying interest rates, issue sizes, and maturity structures as these are needed for feasibility consultants or for related City fiscal planning; and . Attend meetings with staff, consultants and City Officials. . Review underwriter's proposals and submit a written analysis of same to the City. . Undertake any and all other financial planning and policy development assignments made by the City regarding bond and other financings, and financial policy including budget, tax, cash, management issues and related fiscal policy and programs. ~ - - . . . . . Assist the City in preparing financial presentations for public hearings and/or referendums. . Provide other special financial services as requested by the City. 2. Services Related to Debt Transactions Uncludes short term financiDf!s. notes. loans. letters of credit. line of credit and bonds ). Uoon the request of the City: . Analyze financial and economic factors to determine if the issuance of bonds is appropriate. . Develop a financing plan in concert with City's staff which would include recommendations as to the timing and number of series of bonds to be issued. . Assist the City by recommending the best method of sale, either as a negotiated sale, private placement or a public sale. In a public sale, make recommendation as to the determination of the best bid. In the event of a negotiated sale, assist in the solicitation, review and evaluation of any investment banking proposals, and provide advice and information necessary to aid in such selection. . Advise as to the various financing alternatives available to the City. . . . Develop alternatives related to Debt Transaction including evaluation of revenues available, maturity schedule and cash flow requirements. . Identify key bond features and advise provisions regarding security, reserve fund, flow of funds, redemption provisions, additional parity debt test, etc. . Evaluate benefits of Bond Insurance and/or security insurance for Debt Reserve Fund. . If appropriate, develop credit rating presentation and coordinate with the City the overall presentation to rating agencies. . Assist the City in the procurement of other services relating to debt issuance such as Printing, Paying Agent, Registrar, etc. . Provide other ancillary services as requested by the City. - - - . . . . Review the reports of accountants, independent engineers and other project of feasibility consultants as requested to ensure that such studies adequately address technical, economic and financial risk factors affecting the marketability of any proposed revenue debt issue; provide bond market assumptions necessary for financial projections included in these studies; and provide written comments regarding assumptions, analytical methods, and conclusions contained therein. . Identify key bond covenant features and advise on provisions to be included in bond resolutions regarding security, creation of reserve funds, flow of funds, redemption provisions, additional parity debt test, etc.; review and comment on successive drafts of bond resolutions. . Review the requirements and submit analysis of Insurance, rating agencies and other professionals as they pertain to the City's obligation. . Review the terms, conditions and structure of any proposed debt offering undertaken by the City and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current financial policy and fiscal capability. . Assist in the preparation of the preliminary and final official statement and coordinate with the City the appropriate data, disclosute information and pertinent factors regarding the City and the proposed financing program. . Provide regular updates of tax-exempt bond market conditions and advise the City as to the most advantageous timing for issuing its debt. . Advise the City on the condition of the bond market at the time of sale, including volume, timing considerations, competing offerings, and general economic considerations. . Assist and advise the City in negotiations with investment banking groups regarding fees, pricing of the bonds and final terms of any security offering, and make in writing definitive recommendations regarding a proposed offering. Provide assurance that the pricing of the bonds is the lowest price based on existing market conditions. . Assist in closing of the City's bond issues to ensure the delivery of funds under favorable financial conditions. If the bond issue is competitive, the services of the Financial Advisor will be modified to reflect that process. . II. WORK SCHEDULE The services of the Financial Advisor/Consultant are to commence upon request by the City for such service, and shall be undertaken for each financial transaction or project and completed as to assure completion in a manner and time which are in accordance with the purpose of this Agreement. Services which are not related to a particular transaction shall be completed as agreed between the City and the Financial Advisor/Consultant. ill. FINANCIAL ADVISORY/CONSULTANT COMPENSATION For the services described, PFM's professional fees and expenses shall be paid as follows: 1. For services related to financial planning and policy development, PFM will receive an hourly rate for assigned tasks, per the attached fee schedule. 2. For services related to Debt Transaction, (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 Refundings $15,000 Reimbursable Expense In addition to the above, PFM will be compensated for the actual cost of necessary, reasonable, and documented out-of-pocket expenses incurred for travel, meals, lodging, telephone, mail, and other ordinary cost. PFM will be reimbursed for any actual extraordinary cost for graphic, printing, data processing and computer time which are incurred by PFM with prior approval of the City. Appropriate documentation will be provided. The City and the Financial Advisor/Consultant reserve the right, during the term of this Agreement, to review the method of compensation. IV. TERMS AND TERMINATION This agreement shall remain in effect for a five (5) year period unless canceled in writing by either party at their convenience upon thirty (30) days written notice to the other party. The City shall have the right at its sole option and determination to renew this agreement upon the same terms and conditions in this agreement. . - . v. ASSIGNABILITY The Financial Advisor/Consultant shall not assign any interest in this Agreement or subcontract any of the work performed under the Agreement and shall not transfer any interest in the same without prior written consent of the City. VI. INFORMATION TO BE FURNISHED TO THE FINANCIAL ADVISOR All information, data, reports, and records in the possession of the necessary for carrying out the work to be performed under this Agreement shall be furnished to the Financial Advisor/Consultant without charge by the City, and the City shall cooperate with the Financial Advisor/Consultant in every way possible. vu. NOTICES When either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to-wit: . FOR ISSUER: FOR THE FINANCIAL ADVISOR . Joseph M. Safford Ms. Lavon P. Wisher, Managing Director City of Delray Beach Public Financial Management, Inc. 100 N.W. 1st Avenue 5900 Enterprise Parkway Delray Beach, FL 33444 Fort Myers, FL 33905 VIn. TITLE TRANSFER The products of this Agreement shall be the sole and exclusive property of the City upon completion or termination of this Agreement. The financial Advisor/Consultant shall deliver to the City copies of any and all material pertaining to this Agreement. IX. INSURANCE PFM shall provide insurance coverage in types and amounts acceptable to the City. The City shall be named as an additional insured as to professional liability, general commercial liability and automobile liability insurance. Professional liability insurance shall remain in effect for 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. . - . x. INDEMNIFICATION PFM 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 PFM'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 PFM's performance or non-performance under this Agreement. PFM agrees to indemnify, hold harmless and defend the City, its officers and employees against any liability arising from or based on a violation of any federal, State, County or City laws, or respective charters, ordinances or regulations. This indemnification shall survive the termination of this agreement. XI. ENTIRE AGREEMENT This Agreement represents the entire integrated Agreement between the City and PFM and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, charged, modified, or otherwise altered in any way, at any time, after the execution hereof, except by written approval of the City and PFM. IN WITNESS THEREOf, the parties have hereunto set their hands and seals on the day and year first above written to an original and three (3) counterparts of this Agreement each of which shall constitute an original. . . Public financial Management, Inc. By: c!JCUMJY/ ~ h; t ) Managing Director City of Delray Beach By: ATTEST: Mayor By: City Clerk Approved as to form: City Attorney - . . . . HOURLY FEE SCHEDULE Managing Director $175 Senior Managing Consultant $160 Consultant $130 . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Ml\NAGER~ SUBJECT: AGENDA ITEM # q . - MEETING OF NOVEMBER 5. 1996 COASTAL CONSTRUCTION CONTROL LINE (CCCL) IN PALM BEACH COUNTY DATE: NOVEMBER I, 1996 This is before the Commission to consider approval of the concept of delegation of authority and funding for the coastal construction control line (CCCL) . Delegation brings with it the authority to regulate development and City projects seaward of the CCCL. The question of delegation to the County came before the Palm Beach Countywide Beaches and Shores Council at its meeting of October 21, 1996. The Council requested that each municipality take formal action on the concept of delegation and cost sharing and bring their decisions before the Council at the November 18th meeting. A "yes" vote by 100 percent of the municipalities will be required to proceed toward delegation. If there are any negative responses by municipalities, the issue will not be pursued and the State will proceed to establish the new CCCL. Although the details of the cost of local establishment of the CCCL and of the cost-sharing formula are not yet known, the working estimate is $300,000 to be cost-shared by the Cities based on their ocean frontage. On that basis, Delray Beach's portion would be $22,500. In Delray Beach, the new location of the CCCL as proposed by the State in 1992 is approximately 50 to 70 feet west of the existing CCCL. There is no guarantee that a location established by the County would be further to the east. There have been no particular problems with the State permitting process reported by City staff or developers working in the City. City projects seaward of the CCCL would be regulated by the County. Introducing a new permit process and jurisdiction carries a certain risk for applicants. A County permitting process may be more difficult, stringent, or cumbersome. I recommend that we oppose delegation of authority for the CCCL to Palm Beach County. YI7 &t6n !:d ~~ $-0 ,. / / L/~ , l/'L'1 IJI--I_I. TO: DAVID T. HARDEN ~NAGER THRU: IANE:*~~TOR DEPARTMENT OF P N G AND ZONING FROM: JOHN WALKER, PROJECT COORDINAT~ uL- SUBJECT: MEETING OF NOVEMBER 5,1996 CONSIDERATION OF THE CONCEPT OF DELEGATION OF AUTHORITY AND FUNDING FOR THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IN PALM BEACH COUNTY I:::::::::::::::::::j:::::::::::::::::.:::::::::::::::::::::::::::::::::::::::::::,::::::::::j:I~IIII::::1111:11111:::11:::111:::1111111111:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1 The action requested of the City Commission is that of deciding whether to approve in concept: 1. The delegation of authority, from the State to Palm Beach County, to establish and enforce the CCCL; and 2. The willingness of the City to pay a proportionate share of funds required to establish a new CCCL. I:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::,:,:::::::::::::::j:::::j::::::::::::::::::::::::::::::::::::::::::::'::::::::::':::::'::':,'::::::::::,::::::::::::::::111:1111111:,::::::::::::::::::::::::::::::::::::::':::::':::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::'::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1 This issue was discussed at a meeting of the Coastal Communities Coalition on October 17th. A report of the discussion is attached. As directed, the item was brought before the October 21st meeting of the Palm Beach Countywide Beaches & Shores Council for discussion. The Beaches & Shores Council requested that each municipality take a formal action on the concept of delegation and cost sharing. Municipal actions will then be tallied at the November 18th meeting of the Council. A "yes" vote from 100% of the City Commission Documentation Consideration of the Concept of Delegation of Authority and Funding for the Coastal Construction Control Line (CCCL) ) in Palm Beach County Page 2 municipalities will be required to proceed toward delegation. No action will be considered to be a "no" vote. If there is a negative response to the questions by any of the municipalities, the delegation issue will not be pursued and the State will proceed to establish a new CCCL. If there is a positive response to the questions by all the municipalities, the County will draft contracts addressing the methodology and costs of local establishment of the CCCL. Municipalities would be free to reject the delegation issue once the details are known. Although the details of the costs and cost-sharing formula are not yet known, the working estimate is $300,000 to be cost-shared based on ocean frontage. On that basis, the City's cost would be $22,500. I::::::::::::::::::.:::::.:::::::::::~:::::::::::::::::::::::::::::::::::::::::::::::::::.::::~:::::::.:~::::::.:::::.:::::::::~:::::::::::::.:::::::::::::::::::::::~:::::.::::::::::::::::::::I.illfl:::~:::::::::':::::::::::::::::::::::::::::::~.:::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::I::::I::::::::::::::::::::::::::::::::::::::::::::~ In Delray Beach, the new location of the CCCL, as proposed by the State in 1992, is approximately 50-70 feet west of the existing CCCL. There is no guarantee that a location established by the County would be further to the east. The CCCL has been redrawn in 22 other counties. There is no evidence, from other counties in which a new CCCL was established, that property has been devalued, that property owners' ability to gain approval for desired construction has been inhibited, or that there has been an adverse impact on the property owners' ability to get insurance coverage. Delegation brings with it the authority for the County to regulate development seaward of the CCCL. There have been no particular problems with the State permitting process reported by City staff or developers working in the City. City projects seaward of the CCCL would also be regulated by the County. Introducing a new permit process and jurisdiction carries a certain risk for applicants. A County permitting process may be more difficult, stringent, or cumbersome. I:::::::::::~~::::::::::::'::::::::::::::::::::::::::::::~::::~~:::::::::::::::::::::::::::::II:::::::::::::::::::~:~:::::I:::::::::::::::::::I:IIII1MIN:III:~~II!I~II::::::::~::::~:~:::~:::~::~::::::::::::::::::::::::::::::::::::::::::::::::~::::~:::::::::::::~:::::::::::::::::::::::::::::::::::~::::I::::::::~::~ Commission discretion. Attachment: Summary of Coastal Communities Coalition Discussion of 10/17/96 S:\adv\beach\CCCL3 " ,-. PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID T. HA~TY MANAGER THRU: DIANE DOMIN . EZ, :~~P~~AND ZONING FROM: JOHN WALKER, PROJECT COORDINAToj-L ~ DATE: OCTOBER 18, 1996 " SUBJECT: COASTAL CONSTRUCTION CONTROL LINE (CCCL) IN PALM BEACH COUNTY A meeting of the Coastal Communities Coalition was held on October 17th to discuss the potential for delegation of CCCL authority to Palm Beach County. The authority would include establishment and enforcement of the CCCL. Several municipalities were represented, including Boca Raton, Delray Beach, Highland Beach, Gulf Stream, Ocean Ridge, Manalapan, Palm Beach, South Palm Beach, and Juno Beach. Chairman Arlin Vorees described the background. In 1992, the Florida Department of Environmental Protection (FDEP) proposed a new location for the CCCL. Through the public hearing process a number of individuals and groups questioned the validity of the location and of the model used by FDEP to establish the CCCL. An evaluation of the model was conducted, including a peer review. The peer review report concluded that the model was flawed and should not be used. In addition, the report suggested that existing local conditions such as seawalls should be accounted for in establishing the CCCL location. Palm Beach County officials and legislators met with the administration of FDEP in Tallahassee. As a result, FDEP agreed that the unique characteristics in Palm Beach County would be accounted for in establishing the CCCL. An oversight team from Palm Beach County was appointed to work with FDEP on the model and a new location for the line. The FDEP has now concluded that the model cannot account for unique local characteristics and, therefore, would go forward with the existing model and methodology. The FDEP has offered to let the County establish the CCCL, using a zonal approach to account for unique characteristics. The line established by the County would need to meet the State requirements and be approved by FDEP. The options at this time are: TO: DAVID T. HARDEN RE: COASTAL CONSTRUCTION CONTROL LINE (CCCL) IN PALM BEACH COUNTY PAGE 2 1. FDEP establishes the CCCL as proposed in 1992, except as modified by new surveys. 2. Palm Beach County establishes the CCCL, with 100% of the municipalities agreeing to delegation of the authority. The estimated cost of additional studies required for the County to establish the CCCL is $200,000, to be paid locally. The County could request after-the-fact reimbursement of at least part of the cost from the Legislature once the CCCL is established. . Mary McCarty stated that the County is not seeking delegation, but is willing to accept it if the municipalities wish. Resolutions from the municipalities agreeing to the concept of delegation and cost sharing would be required by Feb. 1, 1997. The County would then develop contracts in which the municipalities would commit to the details. The County will draft a model resolution. A general discussion followed, with the following highlights noted: . The zones discussed are beach segments. That is, the CCCL in a given segment would be located further east or west depending on the characteristics of the segment (seawalls, beach nourishment, rock outcrops, etc.). As a result, the CCCL would have a jagged appearance instead of a smooth line. . The cost-sharing method has not been determined, although a municipality's proportion of the County coastline is a likely approach. Another possible approach is proportion of County population. . Delegation includes both establishing and administering the CCCL. Applicants (including the municipalities) would be permitted by Palm Beach County Department of Environmental Management (DERM). . The existing permit process through FDEP, while long, has not resulted in denial of permits or loss of property values in those counties where a new line has been established. . The benefits of local establishment of the CCCL will accrue to a limited number of private property owners, while the cost of establishment. (the $200,000 study) will be paid by the general taxpayers. This study will include many of the coastal engineering factors an applicant would be required to provide on a site specific basis during the FDEP permitting process. TO: DAVID T. HARDEN RE: COASTAL CONSTRUCTION CONTROL LINE (CCCL) IN PALM BEACH COUNTY PAGE 3 . The location of a County-established CCCL may be the same, or nearly the same, as that established by FDEP. . It is not known whether FDEP will hold a second series of public hearings; and whether the proposed CCCL can be approved by the FDEP Secretary, or requires approval of the Governor and Cabinet. Several suggestions were made, including a request for FDEP public hearings, and a letter from the Coalition requesting municipal decisions by a specific date. Commissioner McCarty offered to speak before municipal Commission meetings if requested. ~ A motion was passed to bring the item before the Beaches & Shores Council meeting on October 21 st. Municipalities would be asked to have their governments make a final decision about delegation. The question of whether to request delegation would be called at the November 18th meeting. S:\adv\beach\CCCL2 . rJ County ~ ~\qb may draw ~ 10\ 9- beach line All 19 coastal cities would have to support the county's bid to regulate the building control line for ocean- front property owners. By MARY McLACHLlN Palm Beach Post Staff Writer WEST PALM BEACH - Palm Beach County might be able to persuade the state to move a proposed building control line that ocean-front prop- erty owners don't like and give the county power to enforce it, officials said Monday. The only hitch is that all 19 municipalities strung along the county's 48-mile coast have to support the effort and help pay for engineering and computer studies that could cost $200,000 to $400,000. "The first city that says no, it's over for every- body," County Commissioner Mary McCarty told the Countywide Beaches & Shores Council. The Coastal Communities Coalition wants the county to draw its own line, spelling out what property owners can do in various zones of the beach. For example, the zone closest to the wate)" might allow only plants or dune walkovers, while the second would permit cabanas and the third, buildings. Florida's beaches and shores chief said the county . can try its zoned approach, but it probably won't affect the proposed line much. "Yes, the zones accommodate local features, but that does not change the location of the line," said Kirby Green. "We contend that we would come to the same decisions that the county will come to, on a case-by-case basis, but for some reason, they think it gives them some comfort." The state has redrawn 1970s construction control lines in all but two of Florida's 24 coastal counties - Pinellas and Palm Beach. The lines are based on beach topography, erosion rates and predicted storm surge. They don't prevent ocean-front construction, 7- but an owner who wants to go seaward of the line has to get state permits and follow stronger codes for more storm-resistant and more costly buildings. In 1992, the state proposed moving the line inland as much as 200 feet in Palm Beach County. Oppo- nents forced a review by an expert panel, which said Please see BEACH/4B BEACH Beach County as a uniquely differ- If the state Department of En- From 18 entplace," saidArlin Voress may- vironmental Protection does agree the state's scientists hadn't al- or of Highland Beach and h~ad of on a line, then the county would the Coastal Communities Coali- lowed for protection features such tion. administer it, McCarty said. as sea walls, rock outcroppings "The state's model was built "If you want us to do this we will," she said. "But we will' en- and the buffering effect of the o~ the Gulf Coast," she said. "We Bahamas. force the line. And some people "Y",u've got to '?ok at Palm WIll never have a big storm surge say dealing with the state is easi because of the Bahama Islands." than dealing with the county." ( l-~ r'" 1 -' ~ , M E MO RA N D U M DATE: TO: FROM: RE: R ITEM BEFORE THE COMMISSION: Consideration of a request from Mr. Alan Klasfeld to release the outstanding liens in the amount of $13,226.12 on the property addressed as 911 N. Federal Highway in exchange for a single family lot located at 516 NW 1st Street. BACKGROUND: The City abated nuisances related to the removal of trash, trimmings and abandoned vehicles plus two (2) separate board-ups and ultimate demolition of an abandoned, one-story office building. The demolition occurred as a result of a fire to the property at 911 N. Federal Highway. The total amount invoiced to the owner is $9,700.79; the accrued interest to-date is $3,524.83. The City's actual out-of-pocket expenses are $7,737.36. During the time of the code enforcement abatements, the property was under the ownership of Delores A. Liddy, Trustee, who did not respond to any of the violation notices. Mr. Klasfeld, along with his partners took ownership after all of this activity occurred. He has since sold the property, escrowing the total amount of liens due the City pending the City Commission's consideration of this request. The lot proposed to be deeded over to the City is located at the corner of NW 1 st Street & 6th Avenue just north of our Fire Headquarters. It has a potential value to the City because of its proximity to our property. We have an outstanding nuisance abatement cost on this lot in the amount of $106.00. The owner is asking to be released from payment of the same. Staff has not completed a full title search of the property or a formal appraisal. We have had several properties within close proximity of this parcel appraised over the past year or so and do believe the value is between $7,000, to $8,000. RECOMMENDATION: Staff is recommending City Commission consideration of Mr. Klasfield's request to deed over the ownership of the single family lot in exchange for the release of liens to the referenced property. If there is a positive determination, staff would recommend conditioning the approval with the requirement that he provide to the a City clear title commitment and insurance. Mr. Klasfield will be present to answer any questions the Commission may have regarding his request. LB:DQ Y77~ to dvru; ofjuJ 6/0 - Klasf.LB 9.(3 . Date: October 31, 1996 Agenda Item No. 9C . AGENDA REOUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent - When: November 5, 1996 Description of Agenda Item: Request to Deed Property at 516 NW 1 st Street to City in Exchange for Release of Liens Against 911 N. Federal Highway Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval ~t;la"::~tHead ~ ~~-' City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): of( U~Pt/1 1 S.D. SPADY Illrm I II I II I ~R ELEMENTARY I II I LlJlrTl II I r~} I II E SCHOOL I II I I UJ I II I II II I _ N. W. 3RO ST. ...- c= J C.- .~ 1L LL ~ > I-- ~ ~- ~--~ I> -~ I-- t= ;;: I-- <( - <( - <( - - <( f----- <( - <( wI-- I-- - _ - f--- - >1-- I-- =1 '---- - - I--- - <(f-- I-- _ - I-- - CITY f-- t= '-- - - - I--- - ATTORNEY f--- := ~ I I IIII I II 11 I Fr BUILDING E I L- I.-- '-- '-- ___ MARTIN LUTHER KING JR. BLVD..--- ~ ] II Ie ~~ : ~ ~ f--I '----- I ~ _~ ~ F 11= I- 0 f- eD ~ f- Ull--- _ f-- _ I I/') v- ~ ~ - ~ - II I--- '--- - '--- --.- I ,..., :: I--- 4T I-- CITY ~ - I--- . HALL f-- = II IIT1~ t= L ~ ~ - I ~ - N.W. i'..rr- ST. .-- =30~~.DJ]J OIOJ ~ u, ~ I--- :Z ,--- I-- I--- ~ ~ ~~ ~ ~I 30 COMMUNITY I." I-- =i Z Z f-- Z Z :Z CENTER 1;1-- I- r-= FIRE - I-- I-- TENNIS I;:::: 1[1 [J]J] mmmrn STADIUM = ~1 ~ ~ J.- ATLANTIC AVENUE IT niT TlmmmTTl I I Dill POLICE SOUTH rTlII [ II WlllililU ,-- -L- I--- COMPLEX COUNTY LU-U '--- - I--- f..-- COURT r . f--- I-- 1---' ~ I--- HOUSE ~ >1-- I--- ~f..-- w . <( <(I-- <( > ~ w' I--- <( <( > w I-- <( > - I...-...- I--- I--- I--- <( f--- I-- I--- I-- I-- I--- I--- '--- I-- I--- f-- f--- '-- L- S W 1ST ST. f-?=~-?=I--" F ~ F- F II > ~IIIIIII tii f---Ol !Xl r-- v <( N ~ f--- - - - f--- - - f--- 0 .-" ~ f- 30 30 :;:_ f--- ~ ~ 30 . f-Ul vi vi f---1Il Ul vi ~;: f--- 301--- I--- 1Il v _ II vi I-- I--- N - 516 N.W. 1 ST STREET PLANNING DEPARTMENT CITY DF DELRA Y BEACH, FL -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM115 I I I 7 LAKE AV/ (~.~. 14T~ ST,) II I I I I I I I 'I-- N E 14T< ST. ~ ( I ~ III! 1111111111111 y I >- Z LAKE AVENUE S. ( ~ ~ I' I T I ~ g I~ I II I N.E. 13TH ST. ~21 I I l~ >- I ~IEN~ERY LANE NE 12m ST. < g / !g rn = := ~ ITIJBi ~ /t - BOND WAY NE 11m ST~ ~b!!~[IJr=~==~~~J ~ SITE - - / r===;~ f h == - WITHERSPOON LANE / -= QIE;1/ N.E. 10TH ST. - _ McKEE LN. ~/ I 1 I IITL--.!-..J I- I- " I - 00 '---- '" Q. I l -;===;= I Y'p ~r--- -- J <(r--~-- N.E. 9TH ST. - - ---1 I I ~ -- - I =1~ U~ ! ~ ~ ~ I GEORGE BUSH BOULEVARD f---I' I- BEE ~ ) f--- '--- ST. VINCENT'S ~~~~~-{ ~~ - CHURCH Q€."- >--- ~ - <:;( ,:)v ---j N.E. 7TH CT. :::::.. o . J BEE --':::::.. <Q ~ -/ '----- w ~ WEDGE - 0::: <( - ~ I- WOOD Lu /. '---- I-- ~v CONDO ~ <t - ..... _ 0_ N.E. 7TH ST. $ - ~ ~~~~ ACURA -I--~'----- I c,"" - ;j is is OF I - <( :==:!l:: ~ ~ DELRAY ~ - -1 of7g; ~ b: 3 ~ BEACH == - - ~31 <:;( <(-' _' VJ Z <( I-- ----' () - Q N.E. 5TH TERR. ~::! N.E. ~TH_ - I ST. ~ L f--W~~W-- <Xl 0 I -== '-----~ ~-f-- -- f-- U { --/ lLi '---- - ~ ~ <:;( '- J;i - <( <( 0::: - I I - I-- N.E. 5TH CT. - ~ \0 -; 2: ( '-----I "-! N.E. "-! 5TH ST H l~ l I Z II lZ 1111 I II' I III I N - 911 N. FEDERAL HIGHWAY PLANNING DEPARTMENT CITY OF DELRAY BEACH, FL -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM116 Oct-16-96 03:37P ASK4 REALTY & MGT 561-338-8485 P.Ol uAsk not what you can do for us... Ask what we can do 4 you!"' October 16. 1996 Lula Butler Community Improvement Di City of Delray Beach 100 NW 1st Ave. Delray Beach. FL 33444 Sent Via Fax to ( 561)243-7221 and Regular Mail Re: Exchanging Vacant Land (516 NW I" Street) for a Release of Lien. Dear Ms. Butler: This letter will outline a proposal that we discussed yesterday. If agreeable, I would like you to formally propose it at the next commission meeting on November S, 1996. I respectfully propose that we exchange our ownership interest in the strategically loeated vacant land described below: Property Address:516 NW pit Street Properly Control Number: 12434616010200090 Leglll Description: Town of De/ray: N 50ft of W J 35 feet of Block 20, PB J P 3. for a release oflien on 911 N. Federal Highway. The city has liens of approximately 13,000 and on 911 N. Federal Highway. Only a small portion of these liens represent actual cost to the city. Most of the balance comes from various fines, administrative fees, interest etc. The city could easily use this land for expanding the tire house or affordable housing. Either proposed use involves NO out-or-DOCket acauisitioll cost to the tit\'. However, I would request that you waive the small code enforcement lien on the vacant land that you are acquiring. Thanking you in advance for your prompt review and favorable reply. // s~~ Alan Klasfeld ~ '96\oc1\Butlcr . lAnd Exduap RECE.\VED OCT 1 7 1996 70/ NlV 13th Street. Suirt! B-1 · Boca RUlon, Florida 33486 ADMINISIBATI0N (56/) 368-4422. (56/) 338-8485 Fa.( ~ul-19-96 03:18P Realty & Mgmt , _.. -r 561 338 8485 P _ 02 I I IW/C 93 D TX J TAX DEED FILE NUMBER 12861 - 1993 PROPERTY ID NUMBER 12-43-46-16-01-020-0090 TAX DEED *f-ds-1996 3: t3F"U1 96-159554 STATE OF FLORIDA DRB 9252 r9 1570 I I..". II .....1 II I" ..1 COUNTY OF PALM BEACH ':on 1,263. it4 [j'oe 9. IL! DOR~iT"Y H. WILKEN, CLERK PB COUNTY, F... The following Tax Sale Certificate Numbered 12861 issued 00 ~ I. 1993 was filed in the Office of the Tax CoUector of this County and application made for the issuance of a tax deed. the app1icam baving pai4 or redeemed all other taxes or ta., sale certificates on the land descnOcd as required by law to be paid or redeemed, and tbe costs and expenses of chis sale, an4 dUe DOrice of sale having been puhlished as required by law. aod DO person emitled to do so having appeared to redeem said land; sueb laDd was on the 8TH day of MAY. 1996 offered for sale as required by law for cub to lhe bigb.est hick1cr and was sold to: AlAN KLASFELD, AS TRUSTEE ADDRESS: 701 N.W. 13TH STREET. APT 8.1 BOCA RATON, FLORIDA 33486 being the highest bidder and having paid the sum of his bid as required by the Laws of Florida. NOW. tllis 8TH day of MAY. 1996 the COUDI)' of Palm Beach, State of Rorida, in consideration of the sum of (S I 263.44) ONE THOUSAND TWO HUNDRED SIXTY-THREE AND 44 I 100---------.----------------.-----------.. DOltaTs. being Ole amount paid pursuant (0 the Laws of FloridJ. does hereby sell the fonowing lands situated in the Cowuy and State m:l described u follows; TOWN OF DELRA V N SO IT OF W 13S FTOF BLK 20 T AX DEED Fn.E NUMBER PROPERTY 10 NUMBER L!{~" DOROTHY H. WILKEN itr~ CLERK OF THE CIRCUIT COURT \~ I PALM BEACH COUNTY ~ 7~ "'~" WITNESS: BY:~A~ ~. &.I..I~.AWl _ ~~ Jc.}~~ LEA~~N ~~"/~ TAMARA T. STAMBAUGH STATE OF FLORIDA .' '- COUNTY OF PALM BEACH On tbis ITH day of MAY,I996 before me TAMARA T. STAMBA~onaIJy appeared LEAHS. EMERSON a Depu Clerk for Clerk of the Circuit Court in and for the State aDd this County kDown to me to be the person described in and who executed tJ foregoing instrument, 2nd acknowledged the execution of this instrume.tu to be her own free aa and deed for the use aDd pwpose there mentioned. who is personally known to me and woo did not take an oath. Wi..,.. my """ "'" official sW dol, """saki. ~~ ~~~A /- NOTARY PUBLIC STAT F FL ...;-;;.~~;i;t;, T fiNARA T. 51 AMBAUGIi !~"Q. ".i.\ MY COtNASSlON , CC ~ EKPlRES C.;.~~,! . . Octooer 29. 199tl "':'~" .. ..,~< N'lNllfP l14llU TllOY fA" UOSUOAIlCl, 1NC '....~,.~;..'. - f" U\ i/lv 'I MEMORANDUM TO: David T. Harden, City Manager FROM: VJ!; Robert A. Barcinski. Assistant City Manager SUBJECT: Agenda Item City Commission Meeting November 5, 1996 Special Event Reauest - HOliday Pageant Parade DATE: October 31, 1996 Action City Commission is requested to endorse the Annual Holiday Pageant Parade to be held on December 14, 1996, to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and right of way, and to provide staff support for security and barricades set up and take down. Background We have received a request from William Wood, President of the Chamber of Commerce on behalf of the Delray Beach Jaycees to conduct the Annual HOliday Pageant Parade on December 14, 1996 and to provide City support in obtaining the D.O.T. permit, provider of police assistance and assistance for barricade set up and take down. Security and traffic control will be provided by the Police Department by reassignments. Overtime will be needed, however, for barricade set up and take down. The estimated cost for this overtime Is $300.00. Recommendation Staff recommends approval of the event, the temporary use permit, and providing staff support for security and barricade set up and removal. Staff also recommends consideration of a waiver of the overtime costs up to 50%. RAB:tas File:u:sweeney /asmemos Doc:Pageant.doc ~~ 6...0 9.D. . ,-~ .~,.~ ~ .",. r:vIlA-nlR DELRAY BEACH SfP \, 0 19J6 I O;<j ;..q t; Chamber of Commerce CITY MAN _~:::.'c': .!~ ': A(~t:",~ flrrlCE - _."~,?~~<- .- I~~ September 9, 1996 LQ~~ ~~F ----. Mr. Dave Harden City Manager 100 NW 1st Avenue De1ray Beach, FL 33444 Dear Dave: The Chamber will be working with the De1ray Beach Jaycees again this year to conduct the annual Holiday Pageant Parade. Along with the Jaycees, we would like to contract with the City to organize and carry out the annual Holiday Pageant Parade which is scheduled for December 14, 1996. The parade should begin promptly at 6:00 p.m. - '. .- Also, would you ask the Engineering Department to apply for the D.O.T. permit, "Request for ~. Temporary Closing of State Road." We have already sent our normal letters to the Coast Guard and to the FEC with information on the parade. We have also submitted the parade permit to the Police Department. We appreciate the cities assistance in defraying some of the costs of this activity. The Jaycees would like to submit the request for the $3,000 before the event this year so they can pay the bands the evening of the parade. As always, thank you for the cities outstanding participation and help in making these events run smoothly and successfully. Sincerely, ~~ President hpharden.96 . Greater Delray Beach Chamber of Commerce _ 64 SE Sth A:ve. _ Delray Beach FL 33483 _ (561) 278-0424 FAX 278-0555 5 . ., '.'~'~ . " PARADE HOLIDAY A N A. S T W W SoN 5TH AVE L I I o ~ I I 2 B. I N S SoN 4TH AVE T D C. T I I S I I o C I S D. T T SoN3~AVE A R R . V E. E I X COURT HOUSE I A 0 E E E E TENNIS CENTER F. T T SoN 2ND AVE . 0\ I L CITY HALL G. SW 1ST AVE S~~ B H. - ~<S D~D I I 0 I. e 0 I J. SWINTON AVE S T I I DsD K ~1STAVE ~ ~ T L. x C=JiD I I M. SE 2ND AVE ~ x " T I I I I I I N. x AU.EY FE~ R~+= FEC RIR O. ~ . 'SE 3~ AVE AU.fY x I 0 D 1 I P. >< x S SE 4TH AVE >< bN N Q. T ~ A ED E I I T S L R. T SE 5TH AVE A E 1~2 N 5 N R I I DTD D s. E T I E SE 6TH AVE C 5 ---'5 T. T F T T I I A D:D: u. --' V x 0 G E E SE 7TH AVE g ~ 5 E ~~T T V. I PALM SQUARE ;:s I I I ~ VETERAN'S W. PARK ~ ~ Jew x. ICW I I I Y. I Z. VEI'ETljI,N _./ EAST DRIVE I I MOTORCYCLE #1 I I ~ K SEABREEZE -N. I GLEASON -L " I I MOTORCYCLE #2 L NORTH SON ~ ~ M-AN)REWSAVE I BRON )( < 5 I xxx - I xXXXXXXX6 BARRICADES MOTORCYCLE #3 I SALINAAV SA RRI CAD HOLIDAY J ~N A-l-A (IOUH OCEjI,N BLVD.) MEMORANDUM '1'0: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fJ.'ft1 SUBJECT: AGENDA ITEM # 9 E. - REGULAR MEETING OF NOVEMBER 5 , 1996 CONTRACT ADDITION (c. o. # 1 ) /INTERCOUNI'Y ENGINEERING , INC. (LIFT STATION REHABILITATION PROJECT) DATE: OCTOBER 31, 1996 This is before the Commission to consider a contract addition (C.O. #1) in the amount of $325,465.00 to Intercounty Engineering, Inc. for the rehabilitation of lift stations #3, 32 and 83. The contract addition will also increase the project time by 120 days for a total of 240 days. The lift station rehabilitation project base bid in the amount of $212,360.00 was awarded to Intercounty Engineering on September 17, 1996. It included the rehabilitation of lift stations 10, 88 and 105. The expressed intent was to award the contract for the base bid scope and expand the project through contract additions with Intercounty Engineering to add alternate lift stations 3, 32 and 83 as renewal and replacement funds became available in the new fiscal year. The necessary funds are now in place. The total contract amount will be $537,825.00. Reconunend approval of the contract addition (C.O. #1) with Intercounty Engineering, Inc. for the Lift Station Rehabilitation Project, in the amount of $325,465.00 and 120 day extension, with funding from Water and Sewer Fund - Renewal & Replacement/Lift Station Conversion (Account #442-5178-536- 61.83.) ~ 5-0 ref:agmemo4 Agenda Item No. 9~ AGENDA REOUEST Date: October 28, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 5, 1996 Description of item (who, what, where, how much) : Staff requests Commission Approval of a Contract Addition to Intercounty Engineering. Inc. for Rehabilitation of Lift Station #3. 32 and 83 for the total additional amount of 5325.465.00. The above listed Lift Stations were add alternates in the contract awarded to Intercounty on September 17. and funding in Renewal & Replacement is now available for their construction. Total contract amount will be 5537.825.00 with funding from R&R Account #442-5178-536-61.83. Lift Station conversion to submersible (Budget Transfer attached) . Also adds contract time of 120 days for total 240 days. ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO Recommendation: Staff recommends approval of contract addition for Intercounty Engineering. ~1iB~~ If)/z~!rf ~ Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review ( requi red on all items involving expenditure of funds) : Funding available @/NO Funding alternatives N~ (if applicable) ) Account No. & Description Lf.Lf'J.-577f- 53b -(,/..! 1:if ,e LFr S/I1 co,vtl Account Balance 'PtJ# 9;)//71 6-+L~ .q ;;Z /,;)., '?b Of 00 /1frEvlJ,tf ~j,j<<:'ST: 4vl> I L~L~ 1-1 Ceo ~"VI 81-L,1-tV t'~ 'f( '2001 tJ () cJ, &'V ,It-PJi71lJfV,f-L :;'J.J;: l{-~!;;. CIC City Manager Review: !'(,It1hf. '1/;;;3(,,/>/"/0 ~ ' ~ Tl2Jl.lvSf"12. OS.; !:>oo &1.' (Ff2e.1VI 63.'1") '/~G-3 ,,'LPo/DOO Approved for agenda: E /NO "'7071YL -;: 0 ~ ~tle' 81-\6h--r (;;lS( ~~C) . I {d;f:;., T<; F ,- Hold Until, ~ ~/ th/,4-tL 3:;l>"; 52>0 Agenda Coordinator Review: , (o/~4C;h Received: placed on Agenda: Action: Approved/Disapproved file:s:eng/eng/proj/9364/official/agll0S.doc. MEMORANDUM TO: David T. Harden City Manager FROM: Richard C. Hasko, P .E. ~ Asst. City Engineer SUBJECT: LIFT STATION REHABILITATION PROJECT CONTRACT ADDITION P.N.93-064 DATE: October 28, 1996 Attached is a copy of back-up materials for the September 17 Agenda Item awarding the subject Lift Station Rehabilitation Project to Intercounty Engineering in the base bid amount of$212,360.00. The base bid award included the Rehabilitation ofL.S. #10, 88 and 105. Add alternates for L.S. #3, 32, and 83 totaled $325,465.00, itemized as shown on the attached bid tabulation. As stated in the base bid award recommendation, we anticipated awarding the three (3) add alternate station rehabilitations through contract addition upon availability of funding in Renewal & Replacement. Since R& R funds for the new fiscal year are currently in place, we are requesting approval ofthe described contract addition to Intercounty Engineering for Rehabilitiation of Lift Station #3,32 and 83 in the total additional amount of$325,465.00, for a total revised contract of$537,825.00. Funding for this contract addition is available in R&R account #442-5178-536-61.83, (Budget Transfer attached.) This contract addition will increase the project time by 120 days for a total time of240 days from Notice to Proceed to substantial completion and 30 days from substantial to final completion. Please place this item on the November 5 Agenda for consideration by Commission. RCH/gm Att: 3 cc: William H. Greenwood, Director of Environmental Services C. Danvers Beatty, City Engineer Robert Bullard, Manger of Maintenance file: Project 93-64 (A) file: s/ eng/ eng/proj/93 64/ official/ltr/ agdmemo .doc - , 93 -~1c ! . - f" ( '.' I , MEMORANDUM TO: David T. Harden City Manager (.J5 FROM: Richard C. Hasko, P.E.~ Asst. City Engineer SUBJECT: REHABILITATION OF LIFT STATIONS 3,10,32,83,88,105 PROJECT NUMBER 93-064 DATE: September 10, 1996 Attached is an Agenda Request and Tabulation of Bids opened on August 27, 1996, for construction of the subject project. The lowest responsive bid was submitted by Intercounty Engineering, Inc, in the base bid amount of$212,360.00. The base bid includes rehabilitation of Lift Stations 10,88, and 105. These represent the highest priorities of the six stations included in the overall bid. Our intent is to award this contract for the base bid scope and expand the proiect through contract additions to include the alternate bid stations 3, 32 and 83 as renewal and replacement funds become available during the next fiscal year. IntercountY remains the low bidder for add alternate items. - Based on the proposal submitted by Intercounty Engineering, Inc., and their satisfactory performance on past contracts with the City, we are recommending award of the Lift Station Rehabilitation contract to Intercounty Engineering in the base bid amount of $212,360.00. Funding is from R&R account #442-5178-536-61.83, Lift Station conversion to submersible (Budget Transfer attached). Please place the item on the September 17 Agenda for consideration by City Commission. RCH/gm An,: cc: William H. Greenwood, Director of Environmental Services Robert Bullard, Maintenance Division File: Agenda File file: sl eng/eng/proj/93-641 officiallagmemo.doc na--r.--, --I" . -. I ...---r-,' I . T ~n ---~ II I I I . . , I I I I . ...,,, . g888:;> 88 8 ~ " g' . .. ~~ . . . -. ~ s;!oo s;!o 0 -.:: ~ U .cs88 cs88 :: g ~ ~~8~ ~ ~~g ~ 5 tl ~ ~ Z ~ < ~ ::;: tl ......!"... '" I<-> "'... ~ ~ $888 88$ ~ \.I.l~ ~~~~ ~R~ :3c.: "CI':l: -~......\t)o ~<o......~ ~~ ~z Nm$~ riri~ ~8 g~ -~~~ ~~ Z\.I.l ~< ~~ ~~ ~~ ~= D~ ~~ f- _x ~ ~ ...~...... '" 1<'>.... . 8888 S. 888 u ~~ ~MNci ~ w~~ ~ <- ~c:~g ~ ~~ r~l ~~ ~~ ~~g~ ~ ~R~ \.I.l5 ~~ M ~ ~~ 5g 5~ ~~ ~ >~ ~ t zZo = - \.I.l .......l U ...,........ lit ......,.., QC QC ~~$g $888 88 ~ M ...l ~~~8 ~g~ 2ggg g~ 2 00 r.r;< ~"1"'lO... c.~..o.."'i . O.._T'"" 0 i,()O 0.. N ~~ ~~~~ ~~~ ~ !aiailri airi~ tf') V'j~ --.. _O'Jco...... CXJ~_ = ~Z ~ .... ~~ ~ M ~> U ~Z < ~ Z \.I.l o 0 .........Iv> '" ........ .... - => ~ ~ . 8888 ~ gg 8 < 1::6 Z~ ~. ~~gg ~ ~~ g ~ _0 -<- ..,u ..C!.. ~ ..C!. ... rJ:J ~ ~ gz ffi~ S:;~~~ ~ ~~ ~ 4.) ~ =z ...lg ~~" N- 6i r.. <0.. ~u 515 :s ~ ~~ Zf- r.. Q !51ii ~~ O CiS ::;:z ~f= o ~z ~ u ~8 ............ r> ....... t:: ~ $888 888 < Z 8'00 "8 ~ ~5 ...-~~~ 8.8... _ Q._ ",NClOon <ON ~ Ot- 0')"""'_ O)~ .... d~ = >2 < \.I.l~ = 00 ~ Qu ~ ~ ...,MMtIt i,1I) ......., ~ ~ ~~~~ ~~ ~$g ~~ ffi~ ~EE8 ~E~ ,.. < '''< . . ... . . . -~ -~ ~~~~ ~ O~~ ~~ ~~ ~......~- ~~- Of- Of- Z~ Z~ ~~ ~~ ""'~"'" ...,,,,,,,...,ifIlt "" il"9"" "'" ~ ~ ~ ~ Z ---- --- Z ---- --- < -< ~ ~ o 0 ~ ~~~~ ~;:3~ ~ ~~~~ 5~ ~ Z i Z E i 0; 0; g.. t= NM ~= O~~~ 3 f- ...."> Q2~ ci~~~' ~~~~ ; z ::~ u< zzz u< zzz-< ~ ZZZ ~ ~ .~ .2 .~ ~.2 .2 .~ ~ ~ ~ .~ .~ ,~ !iii3~ ~~lii~ ij 1;~ 1;S ~~~ ~~~.~ ~ ~~ ~ ::s ::s :J ::s ::s ::s ::E: 0 ::s ::s :.3 ::;: . ::;: . t~ ~~~ ~~ -NM~ ~~ ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tllt{ SUBJECT: AGENDA ITEM # qF. - MEETING OF NOVEMBER 5. 1996 CONTRACT ADDITION (C.O. No. l)/LANZO LINING DATE: NOVEMBER I, 1996 This is before the Commission to consider a contract addition (C.O. No. 1) to Lanzo Lining via Metro Dade contract for sanitary sewer rehabilitation using the cured-in-place pipe lining method. Staff anticipates a dramatic reduction in chloride levels and infiltration rates as a result of the lining installation in Lift Station Basin #14. This annual contract was initially awarded by Commission August 6, 1996 in the amount of $200,000 representing the FY 1995/96 sewer rehabilitation budget. This contract addition in the amount of $200,000 represents FY 1996/97 budgeted funds for sanitary sewer rehabilitation. The balance of leaking sewers in Basin #14 will be lined using current year funds, from Renewal and Replacement (Account No. 442-5178-536-61.84) . Recommend approval of the contract addition (C.O. No. 1) to Lanzo Lining. ~ 5-0 Agenda Item No. rP AGENDA REOUEST Date: October 29, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 5, 1996 Description of item (who, what, where, how much) : Staff requests Commission APproval of a Contract Addition for Lanzo Lining in the total amount of S200.000.00 for Sanitary Sewer Rehabilitation (PN95-035l. Current annual contract awarded August 6 via Piggyback of Metro Dade Contract. Total contract amount with this addition is S400.000.00. Funds will be used to complete sewer rehab. in Basin #14 on the southern Barrier Island. Funding is from R & R Account #442-5178-536-61.84. Manhole Rehabilitation. ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO Recommendation: Staff recommends approval of contract addition for Lanzo Lining. Department head signature: /)/ /j /1; 1'/'1 ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds) : Funding available:~o Funding alternatives ~ Jif applicable) Account No. & Descriptionlfl{;;~577f-55t -6(.N( it/t>: R-f12, ~fhL{ ~f~) Account Balance f YtJ. ()@. ' , l&(A4 itJ(j~cl'14 City Manager Review: j::~f1ttJi;::/}~~ Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: , f !!~ Received: Placed on Agenda: Action: Approved/Disapproved file:s:eng/eng/proj/9530/official/agl105.doc. MEMORANDUM TO: David T. Harden City Manager V FROM: Richard C. Hasko, P .E. Asst. City Engineer SUBJECT: SEWER REHABILIT A nON PROJECT CONTRACT ADDITION PN 95-035 Attached is an Agenda Request for a Contract Addition for Lanzo Lining in the amount of $200,000.00 for Sanitary Sewer Rehabilitation using the cured-in-place pipe lining method. This annual contract was awarded by Commission at the August 6 meeting as a piggyback to a current Metro Dade County Contract. The initial Contract amount was $200,000.00 representing the FY 95/96 Sewer Rehabilitation Budget. The requested Contract Addition represents FY 96/97 budgeted funds for sanitary sewer rehabilitation. To date, Lanzo Lining has successfully completed rehabilitation of 1,471 L.F. ofleaking 8" sewer and 1,790 L.F. of 12" sewer all in Lift Station Basin # 14 on the southern Barrier Island. Chloride sampling results are not yet available for evaluation of post rehabilitation levels in the Basin #14 sewer stream, however, predicated on pre and post rehabilitation video comparison, we anticipate a dramatic reduction in chloride levels and infiltration rates as a result of the lining installation. Barring identification of other critical priority rehabilitation requirements, the balance of leaking sewers in Basin # 14 will be lined using current year funds. Funding for this expense is from R & R Account #442-5178-536-61.84, Manhole Rehabilitation. Please place this Item on the November 5 Agenda for Commission consideration. RCH/gm Art: I cc: William H. Greenwood, Director of Environmental Services C. Danvers Beatty, P.E., City Engineer Michael S. Offie, Manager ofW/S Network file: 95-35 (E) file: s/ eng/ eng/proj/9 53 5/officiall agdmemo .doc co .... '0 ..... ~ cu cu .c tI) U C .... "'1 0 . C'l ~ C'l tIl "'1 III cu .c ~ ~ l1.. 0 0 0 0 0 0 0 :JU\ 0 0 0 0 0 0 0 0C'l . . tI)\DCU r-t 0 0 0 0 0 0 0 .-l r-t III 0 0 0 0 0 III 0 E~r-t ~ r-- 0 0 CO r-- ..... 0 ~ '.-1 ~ . . . . . . . OX> \D 0 .-l 0 r-- r-- C'l l1..tiI ....Oc:: U'I r-- "'1 "'1 ..... r-- oc.. :JCOO (h- r-- C'l .-l f-< H ~ tIl Z Zc..O ..-1 .~ tiI OtilO tIlOU ~ HUH c:: . III ~:3~ Hc.."':l ~ 0 0 0 0 0 0 0 c.. f::.c.c.. ~ 0 U'I U'I U'I U'I 0 0 tiI< ~I~ ..-1 . I-IZ c:: N CO CO CO CO 0\ 1"'\ 00 ~Ht.:I .-l ::I ~ "'1 "'1 "'1 "'1 ~ .. o::H 0)0 ..... 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C IllI .oP"1f1l NO~Q.Oll'Oo..lIl.wtz:l .c: tI) 1'01'0 ~04)C:E OC Ol IllI 4) o.llN~ Ctal.....&.JQ.I'O:>. ::l fIl a: ll)N ON ~4) .&.J....O::l'O 0 '0 0 fIl 0 c.~ 0 'Q.:>'>-fIlC:NO' N .... C ~ Q) ~.... 3''-'0.0.0 Q)Oc. '0 ,c a:l 0 N ::le OU .....Q) .&.J .... 0 -0' I'ONIIl'C'COCIWI'ON C ~ .&.J ~fIlll)I'ONC. Q)Q).&.J00::lQ) ......~ 0 Q. I CC fIl.&.J Q)N.&.J .&.J'C a:l .... ::10 .fIl)(......c:....UfllCfIlU.... fIl C N I""l .... fIl Q) Q) c..&.J 50 Q) .&.J 3 E 1'0 0 ~~ 0 U N.&.J.&.JU E NCOll) .... fIl . 0.... 1'0 Q) \.4 0 c: 4).... Q).c:.&.J 0..... E-o.w .&.J en Q) 0 c.. '0 e c 0 U.... N '0 E fIl.... .&.J .... 0.... 1'0 0:: C :z: E-o- ..... tz:I ::l C E a .0 c Q) CP 1'0 1-1 .w0 ., E-< CD ......z l-I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!~ SUBJECT: AGENDA ITEM # q.(? - MEETING OF NOVEMBER 5, 1996 CONTRACT ADDITION (C.O. #1)/PIPE-LINER INSTALLERS, INC. DATE: NOVEMBER 1, 1996 This is before the Commission to consider a contract addition (C.O. #1) in the amount of $13,017.57 and 30 calendar days to Pipe-Liner Installers, Inc. for improvements to the North Water Reservoir. The contract addition is for miscellaneous items including sawcutting and caulking joints, replacing the tile floor in the electrical room, repairing 50 concrete "scabs" on the ceiling of the tank, and cleaning and disposing of all liquid and sediment from the bottom of the tank. Recommend approval of the contract addition to Pipe-Liner Installers, Inc. Funding is available from 1993 Water and Sewer Bond Interest Earnings - Prior Year (Account No. 440-0000-361- 10.00) . ~5-o Agenda Item No.: 9~ . AGENDA REQUEST Date: October 31, 1996 Request to be placed on: X Regular Agenda -- Special Agenda - Workshop Agenda When: November 5, 1996 - Description of item (who, what, where, how much) : Staff requests City Commission to approve add Contract Addition (C.O. #1) to Pipe Liner Installers, Inc. for Improvements to the North Water Reservoir - (93-72) . C. O. #1 is for miscellaneous items required prior to completion of the Project. They include sawcutting and caulking joints on top of the tank; replacing the tile floor in the electrical room; repairing fifty (50) concrete "scabs" on the ceiling of the tank; and clean and dispose of all liquid and sediment from the bottom of the tank. Also included is an extension of time of thirty (30) calendar days The amount of C. O. #1 is $13,017.57. Funding Source is Interest Earnings Prior Year Reserve. ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES/' Recorranendation: Staff Recommends approval of the Contract Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recorranendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds) : Funding available: ~/NO Funding alternatives / (if applicable) ) Account No. & Description L/-Lf{J- 57"7 1- 5-)(; r G <f 50 ( IH3 W15 &I\i) 101. ~'-Y/OI/e. )~~ fl ~ Account Balance fbdl- S>'7f.?-f)~ ,rJl2,6rw4f fi.</V~If\/G- ~'ft; :it l t7" It/h) I Tj tfN',.1-L '/)f~ 11 e)'f c)/::41 ~ N i s- 7 m^"" Ci ty Manager Review: ..~ (1'73 ~J/+ S' &^'O IA/TL"Ylfc')/ ~v414vI/V.?S p,iL1c-,A- y..e Approved for agenda, 6~l!NO"f11 'I/.f.tJ-{J(ltlo- 1"{,/-/f) (Ie) (ML'ItV([ (<~/tl".l')') Hold Until: t YiFP>- Iff( fit Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9372.doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Di~ Date: October 31, 1996 Re: North Reservoir Improvements - Project 93-72 Contract Addition - C.O. #1 Attached for Commission approval is an agenda request for a Contract Addition (C.O. #1) to Pipe-Liner Installers, Inc. on the above referenced Project. The Contract Addition encompasses miscellaneous items required for completion of the improvements at the tank. They include the following items: 1 ) Sawcutting and replacing the caulking the north/south and east/west expansion joints on top of the tank. Exposure to the sun has deteriorated the existing joints allowing debris and rain runoff to enter the tank. 1 LS @ $ 4,B96.94 2) Replace the tile floor in the electrical room on top of the tank. The price represents a 50/50 split with the contractor. He is responsible for repairing part of the floor as part of his work under the Contract. 1 LS @ $ 353.63 3) On the inside of the tank there are approximately fifty (50) "scabs" on the underside of the interior with exposed rebar. The scope includes wire brushing, patching and epoxy painting at each "scab". 1 LS @ $ 3,065.00 4 ) Clean and dispose of all liquid and sediments from the bottom of the tank prior to refilling it and placing in service. 1 LS @ $ 4,702.00 Total $13,017.57 ---------- ---------- Also requested is a time extension of thirty Calendar days for the above work. Please place this Item on the November 5 agenda for Commission consideration Funding Source is Interest Earnings Prior Year Reserves. File: Memo to City Manager 9372A :co1 Iil PIPE-LINER INSTALLERS 1) Division ETS Liner, Inc. "Specializing in Sewer Rehabilitation Without Excavation" ULTRALINER Representative/lnstalIers for Florida (j (: t. c~ 1::: t::: l" r;,p '~Q~ a...J ~_, , ...I- ,,_, '..' -._, C i t ~.l ~~; f I)el.r'':-i.:V B~.::<:t(:Tl, ~... .., l! ~ (1 r :. 0,3 A t:'!i: i-J ;)'~\ ~.r(l ~61 i gl--1 t. 434 t_J . Sw.i.lJt,(lrl A \/erlljE: I)j,:::ll",:tY Bea.cl1, Fl (;r i c1.::l.. r-,....... ,<i I- ." .~;.J"i ~ i-); ~ l; + ~ u'..~, + .:; ,-.',", ~ t]~)h'~tl"(1 ~Vig}lt. 44 \..' \"'\_'.LJ. \..' ~ '..'...J..' l'~l1, : ::',ftltl -. CtTTT I rJ,~ J~j.~~=; CAULr:I~G ~iF DnINKI~G WATER RESERVOIR CIT.:{ elF r;ELlr~p~y :;E!~C::J ~_ ti 1" !::: f ~~ .'::-. 6 ~.~ c: ::~ + .--. t1-1S at~ove nle~~~(;~ied proj~(~~. and the requl~s~ 1- .. \", '-' ....'...:" .. r,l(~r.i t12,1~::.';Y, Su:t)(~r irl:. erlc1.E.:rl t. j ;..~~: 11 E: 1" E.: 1:l:l l-i .?1....l ~ :.11~j };~ 1 e:.: <21.;3 (ll'" ~~ t. c '...., 1 ~ L.....L. . q~l(;te yc~~ (il~r pri:~e ~s f ~=~.: :': r it} ,:.' : C}u.:r: i~... c l..."'de: ~:.' 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X Or-.:s~lV 3: '9 ..c "'-r"'Q...... ~ ..... 0 ...c ~ .:Q ..... ~ Q) a c: ::z 3: s:. ~ I co or.> ..J..J ...s;;: Co) oG) 6i C ~ ..c: -0 -C ...., -fi '- .:2l :>. l>> 0 ..Q ~ :> --=- >- -0 ....... tal ~ l>> -:> ~ ~ JJ 11 ~ (,0) "iij l>> m a :::l' .. (I) (.) ~ u.. U(f) lQ) lI.\ 0;1 Q) 3: ...s;;: (f) 00 0- >- "- '=I .J;;; .., =t In = l>> =- u "'1:.2 ..... c: .--.. ..., CLl Iil PIPE-LINER INSTALLERS !) Division ETS Liner, Inc. "Specializing in Sewer Rehabilitation Without Excavation" ULTRALINER RepresentativelInstallers for Florida ~,.-~; 1)f':'~ l' 2..3, 1QQ~ ..1.....,._".. City (;f Delr~~y Beacl~, Fl. (;.r i d ::~. 1;+..,. -.-,' II C~,,'i .:~ r'd 'V{ i gl-~_ t. J..' \.._ \.....i... a 434 S. Sviirlt.orl FJ.'Vf::rlU.e D(:.~lraJ,T BE:ac:}.l, Florida 33444 -: [;, + ~- ,:. -.., + -; ,., -.', . I-J ~) ~.; 3.1' -:1 ,7.: g }'1 t. .J...t L' \.... '_..J.J, ~.. ..... '.'J.J, . ~,1j' . 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"Specializing in Sewer Rehabilitation Without Excavation" ULTRALINER RepresentativelInstallers for Florida ,'-',.-" ~ ,-.1-,..:.;... ".. "':i 1996 "_.',,-. 1....,-.. "_, '_'~ "",,'-' .. " - "'f' ".. c~')f I;l(:~ll"a."5/ E>:':'=lC}~" 17" .~'. V' .': .....': -:.. '_'.,,;,-.1..'.."( ~ ..I.... "_'..L. ..L ".r't ;"1.. ~~ t. t~'l : Ii () ~.; alA d. ~li7 .i g ~'1 t 4~j4 s. S~-lirl t.O:tl p~ \,TerltJ.e Dell'.;tjt Be [1c1-i , Fl 01. i d.;t 3::;444 f\"" -;- .:-.-!"-, + :, '-'.'~', . E~:) \4 a J:" c1 ~'I'7 i g}"l t. .i. ~ ..... \..' ~_....J. 1..' ~ ".'.1.. . -::-':7' . F:~E!'1c)\rE F',7J2;T F?tC)~ E:XFI~~\2JEI) r~E'- BI\.R, PAI~~T WITf3 EPOXY ?A ~:. ~~~ . I'llTClj IF NECESSARY A~~D F:AINT PATCFIES ON WAL~S AND SE IJINGS ~!r tJC):~TI~ :~~=..EF~~,1C)IF~ ~'_~.: .~~ r ;" r i ;.=~ e i ";"1 C 1 -\..1 d ,~; ;:' .:- ,', !-,,"t'-,; .~: ; '~', ,""'f ,-, ~ =.: -; ""! 1. ':~ ~~~ (l1' . i'n ,3. t. e: .r.... ...;.. ,:.~ .1. ;::. ""...... ,., '-".A.:-'.t:'--~.Y ..A..I.J.E;, '-~"" '-.....t........ ....lJJ,'-'I. ~~\~ipment. t,o c0n~~l~~,~; thi~ w(~rk. 4. C1 I1~)U,.r: 5 Z:t~. $SO.:)O f.;61'a l-l.(jl~r '.t: ., ,1 I~i It t! J~ '.4.' I-> .. -.r. '.' l~, . .....,_. '.' S :).p];:,l i e fi '-'r,r' " r. .-.- ~'-'\.' ".".' =. , G CJ C . (i C () r;. ? .j S ::: , C C r-, r.r.,'-' r'I:-" _, , ":'i..> ".~ . '.~'_ B()l'-:=,' r', 1 ./ "';, -::~: , , nf' '-' .L. I '-'~.... ._--!......::.:..:.~...::=.' ~..CC!"),OC :- ;.~ ; "T... {-:.l E 1:"' i (: e $ 2 , C E: [. , c: c - ..... C 1 T .] 0 pc:~ 1" '._" ..I... ?atc~ B~~ed 8D 50 ?at8}1~S Y(>i..~l" s T r1..~ly', ~.~~ / .~ T:'1.-,:' "1 ~ }-. ............, TT ;-1..~ 'l'"'" li -- .=. + '~'::_"'" .L. J..!..,l.. ..L ..J-.r ._'.l.J.,r '_"--'_'4 , ..l,~, ,_, __, \.. . ....,. ,_" ,_, . 2551 N.W. 15th Court · Pompano Beach, FL33069 · (954) 979-0028 · Fax (954) 979-7843 OCT-31-96 THU 04:22 PM PIPE-LINER INSTALLERS 305 9797843 P.02 Ii? PIPE~LINER INSTALLERS ~ Division ETS Liner, Inc. I!:. 'SpecialuiJrg In s...... RdrablliultlDn WIthou. Exca"",ion' VLTRALINER ReprcscntativelInstallers for Florida Octobel' 28,1996 City of Delray Beach, Fl(}~'id.a At.tn: Howard Wight 434 S. SHinton Aver.ue Dell'ay Beach. lflo.rida 33441 Att.ention: Howard \-light We propose to clean and dis?ose of 311 liQuids and 3edlments from the 'bottom of the Nort.h WC\ter I:e~e.rvoir f(:l: t.;.:.=< followil.& price: Tct(~l Fc..:;:c Cldani:li' $4702.00 Y:;'Ul'S 7r:).ly, ~~f--F4-4~ Ph ~ 1 ;~, qnyder ..a.sst. See. ..... ....,1:' ." ~. , .'.... " , .....,... .....<<...;- "., "..... . '.. {{liiF.~~?~i ::. ~ ~":~~; ~.~, .~~~ : ~~2, .~~~.I . ...- . .,". ," MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~1 SUBJECT: AGENDA ITEM # 911 - MEETING OF NOVEMBER 5. 1996 CONTRACT ADDITION (C.O. NO. l)/MURRAY LOGAN CONSTRUC- TION. INC. DATE: NOVEMBER I, 1996 This is before the Commission to consider a contract addition (C.O. No. 1) in the amount of $105,006.30 and 60 days additional time to Murray Logan Construction, Inc. for the construction of 1,060 linear feet of 8" water main extension along Seaspray Avenue and Waterway Lane, west of Andrews Avenue. The water mains currently serving that area are located along rear lot lines, do not provide fire protection for the area, and are high maintenance facilities due to their age and location. Murray Logan Construction is currently installing drainage improvements in both rights-of-way in conjunction with the construction of stormwater pump stations on the Barrier Island; therefore, it is an opportune time to install the necessary water main upgrade. Recommend approval of the contract addition (C.O. #1) to Murray Logan Construction in the amount of $105,006.30, and 60 days additional time, with funding from Renewal and Replacement - Water Distribution Improvements (Account No. 442-5178-536-61.78), through budget transfer from Other Improvements (Account No. 442-5176-536-63.90) . ~ 6-0 Agenda Item No. 911~ AGENDA REOUEST Date: October 29, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 5, 1996 Description of item (who, what, where, how much): Staff requests Commission Approval of a Contract Addition for Murray Logan Construction contract for Barrier Island Pump Stations (PN 95-031) in the total amount of 5105.006.30. This contract addition is for construction of 1.060 L. F. of 8" watermain extension along Seaspray Ave. and Waterway Lane. West of Andrews Ave. Existing mains in this area are located along rear lot lines. They do not provide fire protection and are high maintenance facilities due to age and location. Funding is from R & R account #442-5178-536-61.78. Water Distribution Improvements with 60 days additional contract time (Budget Transfer attached) . ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO .- - Recommendation: Staff recommends approval of contract addition for Murray LQgqn Construction. ~ ~ ~epartment head signature:.. ~ \0 f>,/qJo Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds) : Funding available: ~/NO Funding alternatives .u1k Qf applicable) Account No. & Description Lfl/d ~ ,,)/7ct - 536 ~6!.7.~ ttrf>: R-tf!-, WT!'L- vfST I/YI/>) Account Balance ~ 8(.{ t; 8 7. (I" 6~O~-r I ( .~) ~S~-.'L l( tr") . ,:-, 76 - 55 (,. - b 5 c; u L.-vfS I' 72-NL; 0 rrll2.. (,v...r- City Manager Review: ~ q. ""2..( Oelel Approved for agenda: @/NO_ift/\ I o~( of-? "11 7d7Yh. Hold Until: [. \ ~{~ ({(tfC;f;, Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file:s:eng/eng/proj/9S31/official/agll0s.doc. MEMORANDUM TO: David T. Harden FROM: City Manager ~ Richard C. Hasko, P .E. Asst. City Engineer SUBJECT: BARRIER ISLAND PUMP STATIONS PN 95-031 DATE: October 31, 1996 Attached is a quote from Murray-Logan Construction in the amount of$105,006.30 for the construction of 1,060 L.F. of 8" watermain extension along Seaspray Ave. and Waterway Lane, west of Andrews Avenue. Watermains currently serving Seaspray Ave. and Waterway Lane are located along rear lot lines. These existing mains do not provide fire protection for the area and are high maintenance facilities due to their age and location. Insofar as Murray-Logan Construction is currently installing drainage improvements in both rights-of-way in conjunction with the construction of stormwater pump stations on the Barrier Island, it is an opportune time to install the necessary watermain upgrade. The total contract addition for Murray-Logan Construction is $105,006.30. Funding is from R & R Account #442-5178-536-61.78, Water Distribution Improvements, with 60 days additional contract time, (Budget Transfer attached). Please place this Item on the November 5 Agenda for Commission consideration. RCH/gm Att: 2 cc: William H. Greenwood, Director of Environmental Services C. Danvers Beatty, P.E., City Engineer Howard Wight, Dep. Dir. of Construction file: 95-031 (E) file: s/ eng/ eng/proj/95 31 / official! agdmemo .doc : SHEET 40 .. ~ '" '-~ ...~: ~B ..... ( '( J -'-. 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'"I '. ~* S I 't6: ------- - . -. -", '" _ 6 Y 5' 6 Y .. '" 6 FH(T'tl') ~r--.,'o' I:' '8 I.," 10"Y ;) ;" 1st ST 0 -..I.. '16 ~ 2 ,\- I~ I 0' "'ci-. . '1 ~ :~ 1= ~~. '~ -- ------_._ /1</ ~ .::if.. W' ~ 9. Ie ; --..--. '. ", ~ '0 - .- -- z ... ,E'E~A"'5 ~ '~'. .IJ N ~ P~ - 'r---- Q . P'R' 10.1 ~ WI: i:i ~ .., ,I, : ~ '1l.o;~- -..X I ~'I:;; '....l ,bil , fi . -",,- 7i '#'~ -c L:.. _._. ....... oC PL^,- 1 ,', 140'" -i In.: ~ 10 ~. ~ ... j 6 '"9 v, -=-=- 2" . . e ....2- i i " If\ T LAN I ( ,,1;16V I~I A lvi, E-jl '~,~" e,~" I I . 8 ~ 8"Y tl,v r - A' h ~ PG b 3 J"Y .- 8 Y~, Q,:" 8"Y Q 't (') 11 I 8'Y 8' 8"V 8'Y 8' 2' .y 8' ""--1'; : : " : I! I ~Y .? ~'i,l .'Ii,',I.,. ",., '" , ...He> 6'~ , P1' 'ff" 't't 'l ' 2"Y . ,r'....l:'i.. e"., ,a"-- -~.l... $;'" <1 i c;r .hr" .t~. '\ i-- -- ITT", :. ~, r': t .1 : ..1.-1. e - P', . I ...Ll...~.Jt ". A L1 ~. - ,~ ~t--- .~ _ ~ A ~ ' I 7 :....., ~~., " 'JJ. ,.. ~[::g. ...... -r. -415 ,,', i..i '-- . ~ '."'_ ~"-= " <'l ?: -., ti i !l Y;- e :::;:;: . ~ . ", ~ --.:.. ~...... ~..:, 5 'IE I ;Hf I. :;'{c"" L. .... -'-;- ---;;~ ~ ::::if- ,,':---r-l:rJ., ~11 < I' :;-::"~--=::'. "" I SHEET 38 .... oj 100 ~OO !OO "we (,P..APHK SC.lLE III FEET RANGE: 43 W ATE RAT LAS ~~~~I~HNI:P: ~: (NORTH) SHEET 39 . " FEB-29-1900 08:41 FROM TO 14072437314 P.02 MURRAY LOGA.N CONSTRUCTION, INC. Gelltfral COlltfflctOTS 313 65th TRAIl NORTH WEST PALM BEACH, FLORlOA 33413 TELEPHONE 686-3948 FAX " 686-7465 Ootober 30, 1996 City of. Delray ReI Barrier ISland MLCI '495 Attn. Howard 'tfiqht SubjeotJ Watermain for Sea Spray Drive Revisec:l Gentle.en. Att.6ched is a proposal of cost. for.inst.al1ing a 8"' watermain for the above referenced project. Suboontraotor Co.t $46,SS0.Sf) G.C. Mark up 5\ 2.327.50 Total Cost 48.877.50 I'ur!.her, if this proposal is satisfactory to you. please i.sue a ohange order in the said a.ount. If I can be of further assistance to you pleas. do not hes1!.a!.e to call me. i:~O~ Bruoe G. Smith Attach.ent Project Manager FEB-29-1900 08:41 FROM TO 14072437314 P.03 1855Dr.And1e'sWay,Unil5 e ;.. . ! , I . 1:- & PH: (407) 278-4451 Delray Beach, FL 3344S . FAX: (407) 218..5149 REVISED PROPOSA.. . Oetober 28, 14)9& Proposal Sub.itt.d To: WGrk To I. P""far..d; Mu~ay Logan Con9truction~ Inc. City of Del~ay B..ch 313 6~h Tr.ail North S..,pray Ayenue West Pal. Beach, Fl 33413 Ottray 8.aoh, Flo~ida ATTN: ...... Bruc. S.ith 111. w. h.~.by propose to turnish the labo~ and ..terial far the in5t.llati~n of th~ following: ""IT DESCR IPT I.- QUANTITY lJIIIT PRICE TOTAL a" C-900 Wat er Mai n 320 LF 19.. 9, a88. 00 Sa.ph Poini: 2 EA 100.90 2M.N 10"Xa" Tapping Sleeve/Valve 1 EA 2,290.. 2,280.. 8" Gat e Val ve a EA 47:5.11 9S0.ee Utility Conflicts ! EA 1. 500. . 3,008." ~ire Hydrant Asse.bly 1 EA 1, 6M.. 1,6...11 I" Single water Service 3 EA 550.." 1,6:50. Ie . 1 1/2- Doubl. Service 2 EA 650.00 1,3..11 Fill & Furnish Connection 1 EA 1, He. 01 1, 'ee... Muck R..oval 2' B_low Pipe 2&. CV IS.I1 3,910.ee Open Cut PaY~..nt R.pair 350 LF 29.45 17,670.. a" Pigging Wye A.s..bly 2 EA 1, ,... 3,2".11 _ Ih... ........ TOTAL PRICE II '.6,550.. EXQ.USImIS. 1. Perli t I FEB-29-1300 08:41 FROM TO 14072437314 P.04 MURRAY LOGAN CONSTRUCTION, INe General CtNltrtlctors 313 65th TRAIL NORTH WBST PALM BEACH. FLORIDA 33413 TELBPHONS 686-3948 FAX fI 686-746' October 30, 1996 Ctty of Delray Re: Barrier Island Attnt Howard Wight HIrCI ..95 Subjects Water.ain for~~; Waterway Lane Centlemen, Attached is a proposal of cost for installing a 8" wateraatn for the above referenced project. Subcontractor Cost $53.456.00 G.t:. Mark up 5\ 2~672.80 Tot.al Cost 56,128.80 Further, if this proposal 1s satisfactory to you. please issue a change order in the said aaouftt. If I can ~e of further assistance to you please do not hesitate to call ae. Thank you. ~--~ BruceG. Smith Project Manager Attachment - FEB-29-1900 08:42 FROM TO 14072437314 P.05 - .- 18550r.-.'sW.,.Unlt5 E ... · , I 1 , j.. & PH: (407) 278-4451 o.~ &.ch. FL $$C4G PAX: (t407) 2?'H1.., - . PIUIG9AL Oc:t:ob.,. 31, a" Prapasal Sub.itteel Tot Work Tv Ie Perl.,...., Mu~r.y Logan Co"atruction, Inc. City 0' Otlr.y B.ach 313 65th Trail North Wat.1"Way L.an. Wut PaX. B.4lCh, F1. 33413 . D.l~&y Stach, Florid. ATTN: ...... 8MIct .ith -L.... ...1 .IIIl w- w. h.~.by p~pa5~ to furnish th. labQ~ and ..t,ri.l fop the installation of the followingt UIlIJT IIICIIPTICIN IIRfTllT "IT PRICE TCmL e" c-'" Water MAin ~ LF 19. II 1If2&8.88 Sa.pIe Point 2 EA 1.... a.. .. il.XaM Tipping Sl..v./Ual~e 1 IA 2,211.. 2,2.... e- Sate V.lve 2 EA 475. .' ,St... F1re Hyd~nt AI~I.bly e SA 1,..... 3,111.. lw Sinll. Water Serylee a at $Se. . 4...e... 1 l/e- Daubl~ S~,.yiel 2 EA &St... 1,311.. ~ill & Flush Connection 1 EA 1..... . 1...... Mu~k A,.oval 2' S.lQ" Pipe 27. CY 15." 4,151.. Op~ Cut Pav..ent Repair 7. L.F 19.45, ..,'US.. S- Pigging Wye A.~..bly a ~A 1,'.._ 3,_.. Sod 3SII SF e.ss 1, teS.. Pebble Drive R.pai~ 13 IV 1a.. lS." , TOTAl.. PAlmI S153..s6... OQ ..tGNB: 1. Per. its MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER e~'1 SUBJECT: AGENDA ITEM # q.T- , - MEETING OF NOVEMBER 5. 1996 BID AWARD/GREER TILE COMPANY DATE: NOVEMBER I, 1996 This is before the Commission to consider approval of a bid award in the amount of $14,965 to Greer Tile Company as lowest responsive bidder ( second low bidder) for floor tile replacement in the restrooms at the Community Center. The City is coordinating the overall improvements at the Community Center restrooms, which include floor and wall finishes, toilet partition removal and replacement, and plumbing fixture replacement. Two vendors submitted bids for the completion of this project; ARZ Builders, Inc. in the amount of $14,200, and Greer Tile Company in the amount of $14,965. Because ARZ Builders is a general contracting firm and would contract the tile work out to another vendor, the City would not have access to the tile installer for purposes of coordinating the schedule required and for general overall quality control. In addition, ARZ Builders has not performed well on past projects for the City. Greer Tile Company would be more directly accountable to the City for purposes of coordination of various aspects of the project. They have had no known past experience with the City, but have been highly recommended by local contractors. It is staff's recommendation that the Commission reject the low bid, ARZ Builders, Inc. on the basis of unsatisfactory past performance, and award the contract to Greer Tile Company as lowest responsive bidder, in the amount of $14,965 from 115-0000-248-03.00. ~ 0-0 Agenda Item No. 9;1: AGENDA REOUEST Date: October 30. 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 5. 1996 Description of item (who, what, where, how much) : Staff request City Commission award a contract to Greer Tile Co. in the amount of $14.965.00 for removal and replacement of floor tile in the Community Center Facility. Funding is available from Account number 115-0000-248- 03.00. ORDINANCE/RESOLUTION REQUIRED: Not required. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable) : Budget Director Review (required on all items involving expenditure of funds) : ~ ~~-V Funding available: ~NO Funding alternatives (if ap\licable) : . Account No. & Description \ S- 0000- J.... L\. <0- 03.00 ~uJ ~(I)Y'~ Sunm",- Account Balance l.\~.l'\.'J...3. toL\ Ll.I\.i"t(Q~ City Manager Review, . q ~ Approved for agenda: ~/NO ZJ(J Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\.. .\9646\agreql15 CITY OF DELRA Y BEACH ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jose Aguila, R.~ Construction Manager Date: October 30, 1996 Subject: AGENDA REQUEST 11/05/96 Community Center Restroom Improvements Project No. 96-046 As part of the Community Center Restroom Improvement project, the City requested bids for the removal and replacement of floor tile. Two bids were received for the work, listed as follows. 1. ARZ Builders, Inc., Boynton Beach. $14,200.00 2. Greer Tile Company, Delray Beach. $14,965.00 Staff recommends that the City Commission award a contract to Greer Tile Company, the second low bidder, in the amount of $14,965.00 for the required work based on the following. The City is coordinating the overall improvements at the Community Center Restrooms which include plumbing fixture replacement, toilet partition removal and replacement, and floor and wall finishes. ARZ Builders are general contractors and as such they are merely brokers for the job. They have sub-contracted out the tile work to another vendor. In that situation, the City will not have the necessary access to the tile installer for purposes of coordinating the critical schedule required to maintain one set of restrooms available to the public, and general quality control. Another important point to consider is past performance. ARZ Builders have had several opportunities to perform work for the City and based on past performance evaluations, they have not performed as required, particularly when it comes to the point of finish treatments. I have attached a copy of two such evaluations for you review in support of this recommendation. Greer Tile Company is a company specifically in the business of supplying and installing floor tile and in the opinion of staff would be more directly accessible and accountable to the City for purposes of coordination. They have no known City past experience, but have been highly recommended by local contractors. Based on the above, it is the recommendation of staffthat the City Commission reject the low bid, ARZ Builders, Inc., on the basis of unsatisfactory past performance and award a contract to Greer Tile Company in the amount of $14,965.00 for the necessary floor tile removal and replacement at the Community Center Facility. Funding is available from Account Number 115-0000-248-03.00. cc: Joe Weldon Jackie Rooney Commission Agenda File 11/05/96 File 96-046 (A) s:\...\9646\agmemllS ARZ BUilDERS INC. General Construction L1C #CBC 03 6305 October 16, 1996 City of Del ray BI~ach Bid no.: 96-68 The total bid proposal for the removal of existing tile and supplying and installing new tile as per specs and plans is $14,200 (Forteen thousand two hundred dollars). 1446 SW. 25th Avenue, #A-22 . Boynton Beach, Florida 33426 . (407) ~-; ;Jno 3"\4-0'\10 :1 'ropoual _.-- - - ---- t;l2~~l2 N~ o H10J 1~i Ie c()mpany 1471 Neptune Dr., Boynton Beach, Flonda 33426 (407) 736-/9(;6 1:1 NO. - pnOPOSAl SIJBMITIED TO PROPOSAL ~IO. crn OF DELRAY BEACIL. STREET JOB NAME 434 S. Swinton Ave. COt-IMUNI1'Y CEN'l'ER Clrv. STATE AND ZIP CODE DAlE JOB lOCATION Delray Beach Fl. 33444 PHONE Joe PHONE 561- 243-7327 fax 243-7314 We hereby submIt speclficatlons and esltmate' lor' Furnishinq and installinq ceramic and tile floor and base as ecifications rovided b Bid excludes tile in Mechal tical Room. No optional abrasive grit is included in an of the tiles. Greer Tile no guaranty as to the Eli resistance coefficient of the s ecified flo t-i 1 p~ A 11 r'prrimic :':i.le' :-Iuay. become calippery ",hQn ~ - f floors need proper mainten;mce to avoid risk of slip and fall. Removal of existing t lle and vin 1 is included. We wi 11 re ire a location for a small dumpster. TOTAL -- CONDITIONS GOVERNING THIS PROPOSAl: 1. All aqreements ale suniect to del~ys, caused b" strikes. lockouts, accidents, aI' by any other causes beyond our control. 2. Loss of time due to strikes, lockouts or any c."se beyond the control of the Tile contractor shall be ,1dded to th~ time of completion. J. Unless elCpressiy agreed, all work is to De done during regular working hours. 4. In \11& event that the Tile cOlltral.tor has to meke elCpenditures tor collection of money due under thi' contract, the other party shall be !laDle for s'JCh expenditures Incurred. 5. The above clauses shan take precndence ov~r i\f\Y confHcting. provisions contained in any plan, specifh:at\ons or other contract documents. 6. Not responsible for slight Calor volriatlons in 1 'Ie as this situation is intrinsic in ceramics. 7. Not responsible for settling cracl<s on cement clabs. JIll' JlropOSl' hereby to furnish n>Jlerral and labor - complete In accordance ""th abov~ specifications, for the sum of: See Breakdown on Page 2. dollar; ($ - ) -" Paymf!nt 10 be made as follows Upon completion and submis: don of invoice; upon completion of -2! 'ases if - 'vork: schedule extends past one All material is guaranleed 10 be a~ <;per.ified All work to br completed In a workmanlike Authonzed manner ac.cording to standard prac.tices Any .1lteration or devlallon Irom above specllrca Slgnillure lions involving extra COSls will be elltecuted only upon w"Upn orders. and wltl become an extra charge over and above the estimate All 3f{'eemenls conltngent upon strikes. Jecldents Nale. T IS proposal may be or delays beyond our control. Owner to carry lire, tornado and uther nece'i.~a(y m'Surancc Withdrawn by us " not accepted Within days. Workmen's Compensalion and Public liabIlity Insurance on above work to be laken out by: _. ..AC1:~ptUltre of llrupllJlUl-The abovp pnces, speCIfications and cond,llons arc salosfactory and are hereby accepled. You are authorozed Slgnalure 10 do the work as speCIfied, Payment Will be made as putlrned above. Dale of Acceptance; Signature - - -- - - -- ---- ...... .;;:r_~ fSll~~l2 tile cumpany 1865 SW 4th Avenue, 0-2. De/ray Beach, Florida 33444 October 16, 1996 (407) 265.1258. Wats 800.229-8453. Fax (407) 272.0538 BID BREAKDOWN Base bid: Mens Room $ 2,020.00 Womens Hoom $ 2,740.00 Locker/ Restrooms - Combined $10,205.00 TOTAL BASE BID $14,965.00 - I " r- i I fI - c::::' " . _r, ..... - , ...1- I I W 4-1-/. r-(~ AuE?JT I TGF d3J3 -~' i' --.,.. . I', I ; - )( , u_ .." . . ~" t i .~' - .!-.... -' " ... ... - .. "-, '1 ! -. ..... _ .WOMEN.' - " - . .....-: .. .. .. " .. -- - '. - 7 ," . :(: \ rl ~ ('~ 'll -~ I j ~ I \ "\ ';' _I ,., ~ . c. \ ~ - , "- . "', ~ ~ ..... "- - r- 1 t;\ "1: c i= \11 ~ .' UFO ~~~ '- \ I ) 10- , ~ I / \ \a~1 L ~- j 1\ { ~ II \ I 10- ..l ~ will ". i=~~ i~ .. . . - ,... ~. .: 4 " _ ,.- - . "'-. .I .L ~ ~l ~D 0 I r - [ ;J. ~~1 .} - - ...../ V lLlL):: ~ . I I -.r'r~ I .OF , Lti...J I :v1EN / ;,.." - ! < - I I , ~ ~ I f '" V "/ I , ~\Il-:Z V - 1" / I \1 - --' ; -\\ Ul ~ If i I r~: ! ~ . ~ I .<. . : t - tJ.f--- " ,\ ..,. = ~ ~ .. .~ '( - o ~Jt.~._._ ,. I'... -s:i , :.~ " . : ". -. \U ~ , /...... ~ ~ ~ tl ,1 ~ -:r -" "- " -.. l.... LOBBY RESTROOM PL~N 1/04" . 1'.0. 16 ~ I i I ~~ I D D .P \4~~ ~""X.~ ~~\lL I .1 at <ll ,. .: ii r~3 ~ I: ;1 W "" I .: ~ .. - -' ~ "- i', - ~w; :E i I 0 1 I ~ i= l! -1 0 i; I :1 ; -I ~ 0 ">-~~ I i -r - Ii -alr- D: I >~-::t !: 0 ~ ~. ~ :: "'1. a: ! - \0. I ~~~ W i I - ~1 ~ I ., ~\L- U I ; " ~ I ~~-( i I. 0 ' . ,,~, ., . ~W-l ~I I n" -I~ ~ ..J elr \.: -( ~ ~ -I I ; -{O ,Y",il ---0 ~"'1.-:z. Z9 - I ~ - ~I $\1 . . W~ I II 7 0=r{ :E ~ , ; , ~ .J' I : W ~ : iii .1 ~ ~ ~ I o 11 -r ~-~/-' : i ,.~ 0 0 ~ D~ . - I - I I ;' -~ ~ t- cl cb ~ ~"! I I ...., / I . \l ~~ " .".... I : ~ ~ ~ I I <( ~ - - : -"s ~ - _ ~t- : )( ~'lt ! - ':'~ 6t _,4:1jE - c::- o ) i .: :1 -r- b ....~~ J: i i (/) . ,.~ ._- - _.~- - . . -~ -~.. .- - 17 , I -__--=~_=:IC~~o:=1Fo~ _ I I . - .-- '-:.- r ._:_h_. --,'--'::- ---,;- I -N;; ~ J(.'! I , '1 i ~-. '. i DO' .~ " -$ I D Q D 0 -~ , ! a: ; I D (J) 0 ::. -- -,- "-, .- j; , D: :> . -, ,'" - or; - ,h :11 W 0 'j i ~ ~ : it 0 (J) 1 'i ~ 0 i i r ; D D i ! I I! 0 -~ -~ ! ~e l1li:: ~I .~ 0 ~ ; ODD 0 ~~ I : a: ~~ i ~o .... a: \i' ') v~ W ~~ O ..J W U1~ ": DaD ~ ~~ ~ --t--- g ~~ ~ ~ -I ill .J ...1"C:' ~ ~ ~ \U~"7 Z ~~ ~ .J :.;: Ul """J ~ i~:l W \U~~ ! ~ ~~ :E 0 ~ ~ ~. +- = ~~~ ~ ~-~ ~ ~-~ rr - ~ . , 11 I 18 # CITY OF DELRAY BEACH CONTRACTOR'S PAST PERFORMANCE REPORT PERFORMANCE RATING AVERAGE I 1. 80 I I I PROJECT Pineapple Grove Beautification PROJECT # 91-79 DATE August 1992 ARZ Builders. Incorporated Contractor Name) 1446 S.W. 25th Avenue #A-22 Drainage. Paving and Streetscape (Mailing Address) (Type of Work) Boynton Beach. Fl. 33426 S183.000.00 (City, State, Zip) ($ Amount) GRADING INSTRUCTIONS This report contains two sections, SECTION I, "MANAGEMENT AND ORGANIZATION OF THE WORK", and SECTION II, "WORK PERFORMANCE". Contained in each SECTION listed under Topic Statements (A. , B. , C. , etc. ) , are Items, (1. , 2. , 3. , etc. ) , to be graded by the Project Engineer as follows: 1 - Unsatisfactory 4 - Above Satisfactory 2 - Marginal 5 - Excellent 3 - Satisfactory The overall average of both these sections is listed above as the Performance Rating Average based on the 1-5 scale above. Section I Score 27/14 =1.93 Points Section II Score 56/32 =1.75 Points Overall Score 83/46 =1.80 Points SECTION I MANAGEMENT AND ORGANIZATION OF THE WORK A. Effectiveness of supervision in scheduling the work, organizing construction operations and providing quality control. l. preconstruction Conference preparation and presentation. 3 2. Adequacy in maintaining their proposed work schedule and preventing delays of stoppages in particular phases or overall project completion 1 3. Coordination and supervision of subcontractors to insure quality control and contract compliance. 1 4. Knowledge of supervisory personnel regarding specifications, plans and special provisions. 2 5. Supervision of work crews. 2 6. Preparation of shop drawings and submittals. 2 B. Negotiation of Contract modifications, project record- keeping and project documentation. l. Organization and completeness of data submitted for potential claims, extra work and time extensions. 1 2. Organization and availability of project records. 1 3. Furnishing of required certifications of materials, delivery tickets and invoices. 3 C. Working relationship with City personnel responsible for administration of the Contract requirements and inspection of the work. l. Notifying the City of problems before the work is continued. 3 2. Effecting changes within the scope of the Contract as instructed by the City. 2 3. Informing City Construction Management personnel in advance of scheduled day to day items of work. 2 4. Responding to correspondence from the City. 2 5. Properly notifying the City in advance of job changes and shut-down for Holidays, adverse weather, leaving the job or other circumstances. 2 SECTION I TOTAL . . . . . . ( 27 ) SECTION II WORK PERFORMANCE A. Prosecution of the Work. l. Effort to complete the work within Contract time plus authorized extensions. 1 2. Punctuality in starting the work and completing critical intermediate phases. 1 3. Effort in performing work on all production items available throughout the project. 2 4. Manpower commitment in perform the work. 2 s. Knowledge and competency of work force in performance of assigned job duties. 2 6. Accuracy and dependability survey layout. 2 7. Cooperation in performance of work with local citizens, (dust control, accessibility, restoration) . 1 8. Availability of project superintendent. 2 B. Work effort and product quality control. l. Quality of work completed. 2 2. Allowance of sufficient time for job site sampling and testing of materials before proceeding with the work. 2 3. Effort to provide and maintain adequate survey station markers and grades. 2 4. Pre-planning on complicated work to assure a smooth operations. 1 s. Quality of the work with normal inspection. 2 C. Scheduling and controlling of construction activities to minimize the impact on traffic through the construction zone, access to adjacent property and protection of the general public. l. Maintenance and lighting of approach warning signs and barricades both day and night. 2 2. Adequacy of traffic flagman, including training and equipment. 2 3. Response time in correcting jobsite conditions hazardous to the general public. 2 4. Signing, (informational, special detour, lane closure, etc.) , including required striping and maintenance. 2 Work Performance Page 2 5. Protecting and maintaining required access to adjacent property including use and maintenance of erosion control devices. 2 6. Securing project at the end of each workday, weekends and holidays. 2 D. Sufficiency of appropriate equipment to prevent downtime and provide safe production of a quality product. L Availability of sufficient equipment for performance of the work. 1 2. Service and repair of equipment to insure a quality product. 1 3. Use of proper equipment on designated work. 1 4. Operator performance on equipment being utilized. 2 5. Utilization of trained and competent personnel for all equipment. 2 E. Compliance with E.E.O., labor, training and on-site safety. L Maintenance of the worksite in a safe and clean condition. 2 2. Employees adherence to Contractors safety policy and city safety requirements. 2 3. Furnishing a certified payrolls both for contractor and his subcontractors as required. N/A F. Interface with utility companies in adjusting, relocating or install facilities concurrent with construction. L Providing required notice to the City regarding planned operations affected by utilities. 2 2. Coordination with utility companies in protection of existing facilities. 2 3. Effort to work with utility companies as necessary in correcting unforeseen problems. 2 G. Final completion of the project. L Effort in expediting project clean-up. 2 2. Effort in minimizing punch list items. 2 3. Submission of all final paperwork and documentation. 1 SECTION II TOTAL . . . . . . ( 56 ) PROJECT ENGINEERS REMARKS SUPPORTING GRADES ARZ broke red this project (all phases) to less than competent subcontractors. The final product was marginal at best. ARZ was constantly requesting unjustified extras. The project was completed three months later (liquidated damages were assessed) . The City should not contract with ARZ on projects of this nature in the future. Submitted Ho ar. Wight Construction Manager CITY OF DELRAY BEACH CONTRACTOR'S PAST PERFORMANCE REPORT PERFORMANCE RATING AVERAGE I 1. 73 I I I PROJECT City Attorney's Office Renovations (200 NW 1st Av) PROJECT # 91-27 DATE August 1991 ARZ Builders. Incorporated Contractor Name) 1446 S.W. 25th Avenue #A-22 Remodeling (Mailing Address) (Type of Work) Boynton Beach. Fl. 33426 S93.000.00 (City, State, Zip) ($ Amount) GRADING INSTRUCTIONS This report contains two sections, SECTION I, "MANAGEMENT AND ORGANIZATION OF THE WORK", and SECTION II, "WORK PERFORMANCE". Contained in each SECTION listed under Topic Statements (A., B. , C. , etc. ) , are Items, (1. , 2 . , 3. , etc.) , to be graded by the Project Engineer as follows: 1 - Unsatisfactory 4 - Above Satisfactory 2 - Marginal 5 - Excellent 3 - Satisfactory The overall average of both these sections is listed above as the Performance Rating Average based on the 1-5 scale above. Section I Score 24/14 =1.71 Points Section II Score 28/16 =1.75 Points Overall Score 52/30 =1.73 Points SECTION I MANAGEMENT AND ORGANIZATION OF THE WORK A. Effectiveness of supervision in scheduling the work, organizing construction operations and providing quality control. l. Preconstruction Conference preparation and presentation. 3 2. Adequacy in maintaining their proposed work schedule and preventing delays of stoppages in particular phases or overall project completion 1 3. Coordination and supervision of subcontractors to insure quality control and contract compliance. 1 4. Knowledge of supervisory personnel regarding specifications, plans and special provisions. 1 5. Supervision of work crews. 1 6. Preparation of shop drawings and submittals. 2 B. Negotiation of Contract modifications, project record- keeping and project documentation. l. Organization and completeness of data submitted for potential claims, extra work and time extensions. 1 2. Organization and availability of project records. 2 3. Furnishing of required certifications of materials, delivery tickets and invoices. 3 C. Working relationship with City personnel responsible for administration of the Contract requirements and inspection of the work. l. Notifying the City of problems before the work is continued. 2 2. Effecting changes within the scope of the Contract as instructed by the City. 2 3. Informing City Construction Management personnel in advance of scheduled day to day items of work. 2 4. Responding to correspondence from the City. 2 5. Properly notifying the City in advance of job changes and shut-down for Holidays, adverse weather, leaving the job or other circumstances. 1 SECTION I TOTAL . . . . . . ( 24 ) SECTION II WORK PERFORMANCE A. Prosecution of the Work. l. Effort to complete the work within Contract time plus authorized extensions. 1 2. Punctuality in starting the work and completing critical intermediate phases. 1 3. Effort in performing work on all production items available throughout the project. 1 4. Manpower commitment in perform the work. 1 5. Knowledge and competency of work force in performance of assigned job duties. 1 6. Accuracy and dependability survey layout. 2 7. Cooperation in performance of work with local citizens, (dust control, accessibility, restoration) . N/A 8. Availability of project superintendent. 2 B. Work effort and product quality control. l. Quality of work completed. 2 2. Allowance of sufficient time for job site sampling and testing of materials before proceeding with the work. 2 3. Effort to provide and maintain adequate survey station markers and grades. N/A 4. Pre-planning on complicated work to assure a smooth operations. 2 5. Quality of the work with normal inspection. 2 C. Scheduling and controlling of construction activities to minimize the impact on traffic through the construction zone, access to adjacent property and protection of the general public. l. Maintenance and lighting of approach warning signs and barricades both day and night. N/A 2. Adequacy of traffic flagman, including training and equipment. N/A 3. Response time in correcting jobsite conditions hazardous to the general public. N/A 4. Signing, (informational, special detour, lane closure, etc.) , including required striping and maintenance. N/A Work Performance Page 2 5. Protecting and maintaining required access to adjacent property including use and maintenance of erosion control devices. N/A 6. Securing project at the end of each workday, weekends and holidays. N/A D. Sufficiency of appropriate equipment to prevent downtime and provide safe production of a quality product. L Availability of sufficient equipment for performance of the work. N/A 2. Service and repair of equipment to insure a quality product. N/A 3. Use of proper equipment on designated work. N/A 4. Operator performance on equipment being utilized. N/A 5. Utilization of trained and competent personnel for all equipment. N/A E. Compliance with E.E.O. , labor, training and on-site safety. L Maintenance of the worksite in a safe and clean condition. 3 2. Employees adherence to Contractors safety policy and City safety requirements. 3 3. Furnishing a certified payrolls both for contractor and his subcontractors as required. N/A F. Interface with utility companies in adjusting, relocating or install facilities concurrent with construction. L Providing required notice to the City regarding planned operations affected by utilities. N/A 2. Coordination with utility companies in protection of existing facilities. N/A 3. Effort to work with utility companies as necessary in correcting unforeseen problems. N/A G. Final completion of the project. L Effort in expediting project clean-up. 2 2. Effort in minimizing punch list items. 1 3. Submission of all final paperwork and documentation. 2 SECTION II TOTAL . .. . . . .. ( 28 ) . ' . PROJECT ENGINEERS REMARKS SUPPORTING GRADES Contractor coordination of work was atrocious. The lack of competency of the contractor and his subs resulted in marginally acceptable work. Contractor was constantly requesting unwarranted extras. Legitimate extras were priced exorbitantly high and did not represent the true scope of work requested. The City Attorney was forced to move in the offices prior to project completion. We would recommend not awarding ARZ with a contract in the future. Submitted How rd Wight Construction Manager . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~ SUBJECT: AGENDA ITEM # q:r: - MEETING OF NOVEMBER 5. 1996 REJECTION OF BIDS/ELEVATED TANK REHABILITATION DATE: NOVEMBER I, 1996 This is before the Commission to consider rejecting all bids received for the elevated tank rehabilitation, and authorize staff to revise the specifications and re-bid the project. Two vendors submitted bids; Eagle Tank in the amount of $76,900 and Worth Contracting, Inc. in the amount of $118,000. The Eagle Tank bid was incomplete in that it did not include a plan for containment and removal of hazardous and non-hazardous blast abrasive and lead-containing materials as required by the specifications. The second bidder's submittal was complete; however, the proposed amount is approximately twice the budgeted amount for the work. Recommend rejection of all bids, and authorize readvertising the project with revised bid specifications. ~ouUi ~~ 5-0 . Agenda Item No. 9f AGENDA REQUEST Date: October 29, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 5, 1996 Description of item (who, what, where, how much) : Staff requests Commission reject bids received for PN 96-14. Rehabilitation of the 0.5 mg Elevated Storage Tank at the ESD Complex. Of the two (2 ) bids received, the low submittal was incomplete lacking an important Containment/Removal Plan for blast abrasive and the second was twice the anticipated project budget. Staff will review the specifications with regard to scope and performance requirements and readvertise the Project. ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO Recommendation: Staff recommends rejection of all Bids submitted for PN 96 -14. 0.5mg Elevated Tank Rehabilitation. Department head signature: /P~A^~~~~~~ ~ 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: c9NO lI71 Approved for agenda: Hold Until: Agenda Coordinator Review: Received: placed on Agenda: Action: Approved/Disapproved file:s:eng/eng/proj/9614/official/agllOS.doc. ~ - MEMORANDUM TO: David T. Harden City Manager ~ FROM: Richard C. Hasko, P.E. Asst. City Engineer SUBJECT: 0.5 MG ELEVATED TANK REHABILITATION PN 96-14 Proposals for the performance ofthe subject rehabilitation project were opened on September 5, 1996 with two (2) vendors submitting bids as follows: Eagle Tank $ 76,900.00 Worth Contracting, Inc. $ 118,000.00 The low bidder's submittal was incomplete since it did not include a plan for containment and removal of hazardous and non-hazardous blast abrasive and lead containing materials as required in the Specifications. The second bidder's submittal was complete, however, the proposal amount is approximately twice the anticipated budget for the work. In view of the foregoing and the fact that current rehabilitation requirements are cosmetic only with no structural repairs necessary, staff would recommend rejection of both bids received. Staff will revisit the specification requirements regarding scope and performance and readvertise the project. Please place this item on the November 5 Agenda for consideration by Commission. RCH/gm Att: 1 cc: William H. Greenwood, Director of Environmental Services C. Danvers Beatty, P.E., City Engineer file: 96-014 (E) file: sl engl eng/proj/96141 official! agdmemo .doc ....- . ~. ( f \ ;\ .; '(./ I I [IT' DF DELIAY BEA[H CITY ATTORNEY'S OFFICE ..>.i() >~\,\' ,.t ;\\,'l,i. ~ liL~l.Rj\Y BEACH, FLU;<.lDA ]].~~~ F,\ - Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F LOR I D ^ bed AII.America City MEMORANDUM , ~ III! DATE: October 31, 1996 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Charlie Brown v. City of Delray Beach - Offer of Settlement Our office has received an offer to settle the Charlie Brown case for the sum of $250,000.00. As you may recall, the jury found that the City was 75% at fault and Mr. Brown 25 % at fault, with the ultimate verdict against the City in the amount of $300,000.00, plus attorney's fees, which we expect to be around $90,000.00. The City, however, is liable only for $100,000.00 because of the sovereign immunity cap, unless Plaintiff pursues and obtains a claims bill. By copy of this memorandum to David Harden, our office requests that this matter be placed on the Cit Commission agenda for November 5, 1996 for consideration. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Yl/ ofum & dvru; cbrown.sar .5-0 @ P"nli',~! ;'if:i~}';-:i(\J P,'IPP/ ql( M E M 0 R A N D U M TO: MAYOR AND CITY COMMISSION ,~ 1 FROM: CITY MANAGER t )t/ SUBJECT: AGENDA ITEM II 'JL - MEETING OF NOVEMBER 5, 1996 APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND ADOPTION OF RESOLUTION NO. 80-96 DATE: NOVEMBER 1, 1996 Due to the passing of Samuel McGhee, there is a vacancy for an "advocate for low-income persons" to fill the unexpired term ending March 31, 1997. The Affordable Housing Advisory Committee was established pursuant to Ordinance No. 2-93, passed on February 23, 1993. "Affordable Housing", as stated in Resolution No. 17-93, "shall mean the development or redevelopment of new land within the City to provide for housing which meets a wide range of economic abilities, and providing for the housing needs to current and future residents of the City. The development and redevelopment of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile." The Affordable Housing Advisory Committee meets on a bi-monthly basis. Advertisements were placed in the "News of Delrayll and also "The Delray Times" for a person in the low-income advocacy capacity, but none were received. Applications are on file from the following individuals in the citizen-at-large category: Edward Aptaker Joseph Farkas Thomas G. Hinners Sherry Johnson Edward McCall Albert McNamara We are continuing to pursue advocates for low-income persons. If additional applications are received, we will forward them to you. The appointment will be made by Commissioner Ellingsworth (Seat 113). Appointments to the Affordable Housing Advisory Committee are formalized by resolution. Therefore, staff recommends appointment of a member to the Affordable Housing Advisory Committee to complete an unexpired term ending March 31, 1997. Once the appointment is made, formal adoption of Resolution No. 80-96 is requested. ah.doc ,v., -, r i RESOLUTION NO. 80-96 ; , I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF I DELRAY BEACH, FLORIDA, APPOINI'ING A MEMBER 'ID THE i AFFORDABLE HOUSING ADVISORY COMMITI'EE , PURSUANI' 'ID STATE LAW i PROVIDING AN EFFEcrIVE DATE. WHEREAS , the State of Florida, under specific authority established by State Statute, has established the State Housing Initiative Partnership (SHIP) Program, which requires the City to establish an Affordable Housing Advisory Conunitteei and WHEREAS , the Affordable Housing Advisory Committee was established pursuant to Ordinance No. 2-93, passed and adopted on second and final reading by the City Commission on February 23, 1993; and i WHEREAS, a vacancy currently exists on the Affordable Housing Advisory Conunittee for an unexpired tem ending March 31, 1997; and WHEREAS, the City Conunission desires to appoint a member to the Affordable Housing Advisory Conuni ttee to fill said unexpired term. I i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY I OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i Section 1. That the following member of the Affordable Housing Advisory Conuni ttee is hereby appointed by the City Conunission to fill an unexpired tenn ending March 31, 1997: Thomas G. Hinners, a citizen-at-large (serving in the capacity of the advocate for low-income persons) Section 2. That this resolution shall become effective immediately upon passage. PASSED AND AOOPI'ED in regular session on this the 5th day of November, 1996. ~~~~ ATI'EST: () 11L,iVl'[lJ1,e. k:~ !/()rft-r C~ty Clerk ~ - MEMORANDUM '10: MAYOR AND CITY COMMISSIONERS FRCM: CITY MANAGER ~1 SUBJOCT: AGENDA ITEM # /0 A - REGULAR MEETING OF NOVEMBER 5, 1996 ADOPl'ION OF THE NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN i COMPREHENSIVE PLAN AMENDMENT 96-1Ai AND CHANGES '10 THE LDRS IMPLEMENI'ING PROVISIONS OF THE NORTH FEDERAL PLAN DATE : NOVEMBER 1, 1996 Since the next four items are so closely related, we reconunend that the Conunission conduct the required public hearings for Items 10.A.3. and 10.A.4. and at the same time accept comments on 10.A.1. and 10.A.2. At the close of the public hearing, a separate vote should be taken for each of the four items. The Planning and Zoning Board considered these matters on October 28, 1996, and voted as follows: (1) North Federal Hiqhway Redevelo]:lT1ent Plan - unanimous reconunendation of approval. (2) Comprehensive Plan .Amendment 96-1A (including changes to the description of the North Federal area, creation of the High Density Residential land use designation and its application to the Yake property, and changes allowing for the light industrial overlay district along the F.E.C. railroad) . Tie vote, 3 in favor and 3 opposed, with Mr. Carbone abstaining because of a conflict of interest regarding the light industrial overlay). (3) LDR .Amendment creatinq the High Density Residential Zoning District - recommendation of approval by a 4 to 3 vote. (4) LOR .Amendment allowing for the light industrial overlay - recommendation of approval by a 6 to 0 vote, with Mr. Carbone abstaining. /j e77ol1 : (I) fEd~fmE/}c:f- flnn eEm//'/?OW Iot:.ell !oe e~n.st'/)eeA-T7o/,) , w /'Ih ct'e.E:a70/J . [a) O/X). $1- 9~ t eOflJP. I'lRn 1i/1'h7tm&7r 96-11J.) ,FISSEL> /S,- i'uIJ';'9 lis H-mEn~ J /. e. I/-bSb?'t- M511 tJEns/4t lI9no us E. ~ /.,t.s I/-pp/i'tJ4I..f'on Ie, '1~.e~) (3) r,C} ILEa 5-0 ref: agmemo1 0 eLl) flfssE:o I sr eMfJ/1/9 5-0 . ~/ ~ ~~~ ...............x..............................BIIM..mwMMIIBIOII..mDm.I.MEIII.mlflll............................................... TO: DAVID T. HARDEN MANAGER(\ _ FROM: E ~ NG~ DEPARTMENT OF PLANNiNg AND 10NING SUBJECT: MEETING OF NOVEMBER 5, 1996 ADOPTION OF THE NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN; COMPREHENSIVE PLAN AMENDMENT 96-1A; AND CHANGES TO THE LDRS IMPLEMENTING PROVISIONS OF THE NORTH FEDERAL PLAN DATE: OCTOBER 30, 1996 1:!!:!::!~:::l~!:::!:~:::!:::!~!!!!!I:!~:::::::::~:~:~:~~~::~:::~:~:~::~!::::::::::!::~!:~:!~~~:~:::~::::!!:::IIIJ.II.:llly.IIIII.lm.:lftl~~IIIII.I.!::~::::~~::::::~::~:!~::!::::~::::::~:::~::::::~::::::::::~~~::~::;;:::.~:.::::::::~:~:::::::::::~:~~::~.::;~.;~l The action requested of the City Commission is approval of the following items related to the North Federal Highway corridor: 1. The North Federal Highway Redevelopment Plan; 2. Comprehensive Plan Amendment 96-1A, including the response to the State's Objections, Comments, and Recommendations (ORC) Report; 3. Amendment to LOR Sections 4.5 and 4.4.9 (Light Industrial Overlay); and 4. Amendment creating LOR Section 4.4.8 (High Density Residential District). Policy C-1.6 of the Comprehensive Plan Future Land Use calls for the preparation of a plan for the improvement of the North Federal Highway corridor. The policy states that the plan is to address a number of issues, including the area's overall appearance, identification of appropriate land uses and residential densities, measures to stimulate economic investment in the commercial corridor, and stabilization of existing residential neighborhoods. The proposed redevelopment plan addresses these issues through the following recommended actions: . City Commission Documentation Actions Associated with the North Federal Highway Corridor Page 2 . Allow for increased residential density to provide a market base to support the , commercial revitalization effort; . Allow a greater diversity of uses for commercial development through the use of a light industrial overlay district; and . Improve the image and physical appearance of the area through police support, code enforcement, neighborhood plans and beautification. These measures require changes to the Comprehensive Plan Future Land Use Element, the City's Future Land Use Map, and the Land Development Regulations. The attached Planning and Zoning Board staff reports contain a summary and analysis of each of these various elements associated with the implementation of the redevelopment plan. I:::::::::::::::::::::::::::::::f,:::::::::::::::::::::::::::II::::::::::::::~:~:~:~:::I.INJII:::llg:III':II::::IIIII:::IIII~II.T'II~::::::::::::::::I:::::::::::::::::::::::~:~::::::::~~::~::::~~:::::~::::::::~::::~:::~::::.I On October 28, 1996, the Planning and Zoning Board held a public hearing on the Redevelopment Plan, the Comprehensive Plan Amendment, and the associated LOR changes. Twenty-seven people addressed the board, fifteen of whom opposed or had concerns about the plan, and twelve of whom spoke in favor of the changes. The following is a summary of the comments made: . Six residents of the N. Federal area spoke in opposition, primarily because of the proposal to allow high density on the Yake property, and the potential impacts on their neighborhoods. . The Mayor and Town Manager of Gulf Stream expressed concerns about the high density land use being applied to the Yake property without having a specific site plan available. . Seven residents of other areas of the City, including representatives of PROD, Tropic Palms, and Tropic Isles, opposed the creation and application of the High Density designation, and expressed concerns about proposed CRA expenditures. . Eight area business/commercial property owners of the area spoke in favor of the plan because of the need for change and economic stimulation. . Four persons representing business and residential investor interests, including Pulte Homes, the Chamber of Commerce, Prudential Realty, and ZOM Companies (Yake property) spoke in favor, stating that the prospect of a redevelopment plan has generated a great deal of interest in the corridor. , . - . . - City Commission Documentation Actions Associated with the North Federal Highway Corridor Page 3 After discussion, the Board voted on the individual items as follows: 1. North Federal Highway Redevelopment Plan Unanimous (7-0) recommendation of approval. 2. Comprehensive Plan Amendment 96-1 A, including: changes to the description of the North Federal area; creation of the High Density Residential land use designation and its application to the Yake property; and changes allowing for the light industrial overlay district along the F.E.C. railroad. Tie vote, 3 in favor and 3 opposed (Louis Carbone abstained because of a conflict of interest regarding the light industrial overlay). 3. LOR Amendment Allowing for the Light Industrial Overlay Unanimous (6-0) recommendation of approval (Louis Carbone abstained because of a conflict of interest regarding the light industrial overlay). 4. LOR Amendment Creating the High Density Residential Zoning District Recommendation of approval by a 4-3 vote. I:::::::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::~::I~:::::::::::::.:::::':::::~::::~:~:::::::~~::~:::::::::::::::::::::::~::::::::D;;IMINIII:':I;mIIN':::I':.::::::::::::::::::::::::::I:::::::::::::::::::::::::~::~:::::::::::::::::::::::::::::::~::::::::::::::t:::::::::::::~:~~::::~:::::::::~:::::::~::::::::~::::I By separate motion, approve the following as attached: 1. The North Federal Highway Redevelopment Plan; 2. Comprehensive Plan Amendment 96-1A, including the response to the State's Objections, Comments, and Recommendations (ORC) Report; 3. Amendment to LOR Sections 4.5 and 4.4.9 (Light Industrial Overlay); and 4. Amendment creating LOR Section 4.4.8 (High Density Residential District). Attachments: . North Federal Highway Redevelopment Plan . P & Z Staff Reports for Amendment 96-1A and Associated LDR Changes (2) . . . , _t~_ MEETING OF: October 28, 1996 AGENDA ITEM: II.B. RECOMMENDA TION TO THE CITY COMMISSION REGARDING THE ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 96-1A. liiiiiiiiiii:i:i:::::ii::i::i~::i:i:i::i:::~i:iii::ii::iiiiiiiiiii:::ii:iii:ii:::::i::i:'i:i::ii,i::::':i:::i:i~:i'ii,i:,i::iii:i~ii':i,:i':i:i':~mlli:iglllll~:m;iiiglllli:i~::::i::ii:ii::::ii~:::i':i'i::i:'~~ii~:i~:iiiii::i::i~:i:i::::ii:i::i::i::::i::ii::i:i~i::::iiiii~iiiii::i::i::ii::i:::i:i:::iiiii:i:::i:i:::1 The item before the Board is that of recommending to the City Commission those items that should be adopted as part of Comprehensive Plan Amendment 96-1A. ~iiii:iiiiiii:ii::II::iii:iii:i:i:i::ii::i:::ii:iiiii:iii::ii:iiiiiii:iiiii:I::::::::ii::i::ii:i:iiiii~iiiiiiiiiiiiiii:iiiii~i:iiiii:iiiiii'iiiii,i:ii'i:'i:111:IIIIINliii~:i:i::~:,:,iii:::i:::i:ii::i::i,:iiiii:i::i:i::ii:ii:~i:ii::i:ii::ii,i::i::Ii:~::::I:i::i:~iiiii~~iiiiiii~iiiii:i:iii:ii::i:i:::i::::::1::iiii:i:iii:ii~iii:~i:ii:il The proposed Comprehensive Plan Amendment 96-1 was heard by the Planning and Zoning Board on June 10, 1996. It was transmitted to the Florida Department of Community Affairs (DCA) by action of the City Commission on June 18, 1996. In the transmittal letter, the City requested DCA to perform a complete review and produce an Objections, Recommendation and Comments Report (ORC) for only a portion of the proposed amendment. That portion included only the parts of the amendment related to the North Federal Highway Corridor Redevelopment Area. As a result, the amendment has been subdivided into two segments with separate DCA reference numbers. Plan Amendment 96-1A addresses the changes related to North Federal Highway; Plan Amendment 96-1 B addressed the changes related to the Silver Terrace and Office Depot areas. Plan Amendment 96-1 B was adopted by the City Commission on September 17, 1996. The item before the Board affects only Comprehensive Plan Amendment 96-1A. Comprehensive Plan Amendment 96-1A proposes three text amendments to the Future Land Use Element and one Future Land Use Map amendment (Yake Property). The items included in the amendment, in "strike through and underline" format, are attached. II.B. . . , , P&Z Board Memorandum Staff Report Adoption of Comprehensive Plan Amendment 96-1A Page 2 The ORC Report contains three objections, all of which relate to the proposed Future Land Use Map amendment for the Yake Property. The objections focus on the need for information to demonstrate that the increase in density will not adversely impact hurricane evacuation and shelter space, public safety and investment. Staff has completed a detailed Response to ORC which provides the additional information to justify adoption of the proposed Plan Amendment without changes. Both the ORC Report and the Response to ORC are attached. One change not previously review by the Board is included in the attached amendment. This is a clarification in the description of the North Federal Highway Corridor, found in Policy C-1.6. In addition, the description of the High Density Residential land use designation has been refined. The City Commission will consider the Board's recommendation when it acts on the adoption ordinance. The ordinance is scheduled before the City Commission for first reading on November 5th, and second reading on November 19th. ':::\:::::i:::':::::::::::::I::~::::::::::::::::::\::::::::\::::::~:::::::'::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::'::":'::::81'1I.llml!:::IIIIII:'::::::\::::::::::::::'::\::::::::\::\::i::\::::::::I~::::~:\:::::\:::\:\:::\::::::::::::::::::::::::::::::::::::~::::~::::::::::::::::::::':::I Recommend to the City Commission that Comprehensive Plan Amendment 96- 1A be adopted. Attachments: . Comprehensive Plan Amendment 96-1A . ORC Report . Response to ORC S:\adv\comp\961 PZ3 . . I I --_.- --'--" _..~-_.- ,---..-.,.. _.- --''''-~'~-'.._--'. .~......._-,.__..,.,. . -, _R~" ."_.___'_" --..--~-- .. _.- ..---+ -_. ..- -. - .- .'- .- .'. _. - "' ~ --~ ~_.- -'-'~--- : ORDINANCE NO. 51-96 I: AN ORDINANCE OF 'IHE CITY (X)MMISSION OF 'IHE CITY OF I DELRAY BEACH, FLORIDA, ADOPTING CG1PREHENSIVE PLAN , I AMENDMENT 96-1A PURSUANr ro 'IHE PROVISIONS OF 'IHE "L<X::AL ! GOVERNMENT CG1PREHENSIVE PLANNING AND LAND DEVELOPMENI' REGULATION ACT", FLORIDA STATUTES SEcrIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENI'ITLED "COMPREHENSIVE PLAN AMENDMENI' 96-1A" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEcrIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government Comprehensive Planning and Land Developnent Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 96-1A"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, I following due public notice, held a public hearing on June 10, 1996, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Developnent Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board , as Local Planning Agency, reconunended to the City Commission that the proposed Comprehensive Plan Amendment 96-1A be transmitted; and I WHEREAS, proposed Comprehensive Plan Amendment 96-1A was sul:mi tted i I to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 96-1A was held by the City f Commission on June 18, 1996, at which time it was authorized to be I transmitted to the Deparbnent of Community Affairs for required review; and j I WHEREAS , a report of Objections, Recommendations and ,. Comments (ORC) has been received from the State Deparbnent of Communi ty " Affairs and said report has been reviewed by the Planning and Zoning Board , I as Local Planning Agency; and i I ! I I I , , I " -- --'. --- -.-"- . -r ! I WHEREAS, following due public notice, the second of two required ! , public hearings on Comprehensive Plan Amendment 96-lA was held on November 19, 1996, in accordance with statutory requirements. ~, THEREFORE, BE IT ORDAINED BY THE CITY CCMMISSION OF THE CITY OF DELRAY BEACH, FIDRIDA, AS FOI..J:.a.VS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Developnent Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 96-1A", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled II Cornprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 96-1A". Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Deparbnent of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163. 3184, F. S . i or the date a final order is issued by the Administration Conunission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPrED in regular session on second and final reading on this the day of I 1996. MAYOR A'ITEST: City Clerk First Reading Second Reading - 2 - Ord. No. 51-96 CITY OF DELRAY BEACH 1II.IJIt'll":~f::::~;::::::::'.::~;;;'.IIIII_I"llIllr(11111_"Iilll FUTURE .LAND USE ELEMENT 1) Location: Pg. III-G-27, Policy C-1.6 Policy C-1.6 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC Railroad right-of-way to the west, the easterly boundary of the CRA Intrac03st31 '.JVaten.v3Y :md the TO'Jm of Gulf Stream to the east, George Bush Boulevard to the south, and the north City limits to the north. The North Federal Highway Corridor Redevelopment Plan was adopted by the City Commission on [DATE PENDING]. The plan establishes Future Land Use Designations, zonings. and special development standards for portions of the redevelopment area. Future development in the area must be in accordance with the provisions of the redevelopment plan. Properties in tho corridor that ffOnt on Fedor31 Highway primarily contain sm311 sC31e, strip commercial development. Many pmoels in the area contain vaoant or dilapid3ted structures, subst3ndard parking, 3nd substandard landscaping. The area also contains residential areas identified as "St3bilization" and "Stabilization 3nd Revit3liz3tion" on the Residential Neighborhood Categoriz3tion Map contained in the Housing Element. Many of the remaining p3rcels in the are3 3re currently V3cant. Due to thoso conditions. the North Federal Highw3Y Corridor is horoby identified as a blighted are3. The CRA will be the le3d 3gency for the preparation of an Improvement Program for the North Federal HighY.'ay Corridor. The City, through its Planning and Zoning Department 'Nil! pro'/ide support and 3ssist3nce to the CM in the prep3r3tion of the North Feder31 High'Nay Corridor Improvement Program. The program '.viii, at a minimum address the following issues: -+- Improvement of the appo3r3noe of the area; - ..... Identification of appropriate uses for parcels adjacent to Dixie Highway and the FEC railroad tracks; ..... Identification of and strategies for the elimination of inappropriate and marginal uses; ..... Provision for increases in permitted residential densities adjacent to the Intracoastal VVatel\vay; ..... Directing smaller business operations to more concentrated areas; - ..... Providing economic stimulation and investment in the area; - ..... Creation of jobs; - ..... Stabilization and preservation of residential neighborhoods through ne'J.! development, redevelopment and the elimination of blight. The plan will be completed in FY 95/96. 3) Location: Pg. III-G-39, Land Use Categories RESIDENTIAL LAND USES: There are #\fee fQ!JI categories of residential land use. Rural Residential: This designation is applied to land which is currently in a rural state (no central water, central sewer, nor parcels less than one acre in area) and which are to remain in such a state. Agricultural uses and the keeping of livestock would be accommodated in these areas as would other uses which are appropriate in a rural; setting. Minimum lot sizes for residential would be three acres with other uses to be accommodated on parcels of not less than ten acres. Low Density, Stable: This designation is applied to land which is developed, or is to be developed at a density of five units per acre or less. Such land is usually developed for single family purposes although mixed residential uses may occur under a planned residential zoning district. Home ownership is characteristic of this designation. Where this designation exists, uses other than low density residential shall not be considered. Medium Density, Stable: This designation is applied to land which is developed, or is to be developed at a density between five and twelve units per acre. Such land is usually developed in planned communities or exists in older areas where there are duplexes or condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. High Density Residential: This designation is to be applied to land which is developed. or is to be developed. at a density between twelve and eighteen units per acre. Such land must be included within the Community Redevelopment Area. or identified as a redevelopment area in the Comprehensive Plan. Application of the High Density Residential land use designation is to occur in conjunction with the adoption of a redevelopment plan. The base density of twelve units per acre may only be exceeded when the RH (High Density Residential) zoning district is applied. and the provisions of that zoning district are met. The RH zoning district shall establish minimum development standards for setbacks. height. and unit sizes that are the same as those provided in the RM (Medium Density Residential) zoning district. Developments which exceed those minimum standards will be eligible for increases in density above twelve units per acre. The performance standards will also include such measures as architectural character and features. buffering of adjacent residential areas. provision of certain amenities. and similar measures to ensure that the development is one of high Quality. and is compatible with its surroundings. The RH zoning district will require that a conceptual site plan be processed concurrently. and adopted as part of the rezoning ordinance. following an advertised public hearing before the Planning and Zoning Board and the City Commission. The High Density Residential Land Use designation is not to be applied to property located east of the Intracoastal Waterway so that its application will not adversely affect coastal evacuation times. 4) Location: Pg. III-G-41, Land Use Categories COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes the "Village Center" development scenario described in the Future Land Use Element and graphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and Industrial/Commerce uses as proposed in the "Village Center" development scenario. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district identified in the North Federal Highway Redevelopment Plan. Residential uses, unless they are in conjunction with a commercial use, are not permissible on land shown as general commercial on the Future Land Use Map. AMENDMENTS TO THE FUTURE LAND USE MAP 1. An amendment on 17.46 acres (Yake Property) from FLUM designation Medium Density Residential to FLUM designation High Density Residential in conjunction with the North Federal Highway Redevelopment Plan. S:\adv\comp\96-1A RESPONSE TO ORC FOR PLAN AMENDMENT 96-1A Introduction: The Florida Department of Community Affairs Objections, Recommendations, and Comments Report (ORC) contains three objections, all of which refer to the proposed Future Land Use Map amendment for the Yake Property. In summary, the objections focus on the lack of sufficient information to demonstrate that the proposed increase in residential density on the property will not adversely impact hurricane evacuation and shelter space, public safety and investment. I. Future Land Use Map Amendment City Response: The Yake property is a 17.46 acre parcel of land located on the west side of the Intracoastal Waterway north of George Bush Boulevard. The purpose of the proposed increase in maximum density is to promote redevelopment, and economic development in the area. As detailed in the North Federal Highway Redevelopment Plan, this area, located just north of the downtown, is severely under-developed. Increased density will provide the stimulus needed for redevelopment in accordance with the goals of the City, Treasure Coast Regional Strategic Policy Plan, and the Governor's Commission for a sustainable South Florida. The Yake Property is located at the extreme west edge of the Coastal High Hazard Area, as identified by Treasure Coast Regional Planning Council and, therefore, as defined in Rule 9J-5, F.A.C. However, its development at the proposed density will have no negative impacts on evacuation times or potential shelter space, since it is outside the evacuation area for a category 1 hurricane as established by the Palm Beach County Emergency Management Division. The State's requirements for Comprehensive Plans are expressed in Rule 9J-5 (Minimum Requirements for Review of Local Government Comprehensive Plans and Determinations of Compliance). The Rule contains the definition of Coastal High Hazard Area as follows: "Coastal high hazard areas" (also "high hazard coastal areas") means the evacuation zone for a category 1 hurricane as established in the regional hurricane evacuation study applicable to the local government. [9J-5.003(19)] Response to ORe for Plan Amendment 96-1A Page 2 The definition of the Coastal High Hazard Area in Rule 9J-5 cites the "regional evacuation study applicable to the local government". For Delray Beach, this study is the Florida Hurricane Evacuation Study for the Treasure Coast (Post, Buckley, Shuh & Jernigan, 1993). In the study is a map which highlights the category 1, 3, and 5 hurricane surge limits. Treasure Coast Regional Planning Council staff reports that the area shown for category 1 represents the Coastal High Hazard Area. The Yake Property lies adjacent to the western boundary of the mapped area. This boundary represents the western-most land affected by storm surge, as opposed to indicating a given degree of flooding. Land east of the boundary may, or may not be, wetted by storm surge of a category 1 hurricane, based upon its ground elevation. The Coastal High Hazard Area in the Delray Beach area is, therefore, based on vertical elevation as opposed to horizontal location. As a function of elevation, the Coastal High Hazard Area does not necessarily coincide with the local evacuation area. As an example, significant portions of the barrier island are not within the Coastal High Hazard Area due to their high ground elevations, but are within the area evacuated in a category 1 hurricane. These portions of the barrier island are evacuated because they can be isolated from emergency services, not because of the threat of flooding. The Yake property cannot be so isolated as a result of salt water inundation from a category 1 hurricane. Planning for hurricane evacuation is under the authority of the Palm Beach County Division of Emergency Management. The Division establishes the specific areas to be evacuated from an impending storm event. Evacuation orders are given county-wide, and must be easily understood on a geographic basis. Evacuation orders are based on close coordination with the National Hurricane Center. In practice, for a category 1 hurricane that is not expected to intensify before landfall, an evacuation order will be given for the barrier island and for mobile home parks. Therefore, only development on the barrier island has an effect on evacuation times in this storm category. This area would not include the vicinity of the Yake Property. Attached is a copy of the evacuation order for a category 1 hurricane as issued by the Palm Beach County Division of Emergency Management, and a letter from its director confirming that development of the Yake property will not adversely impact hurricane evacuation times or shelter capacity. In Delray Beach, three evacuation routes have been designated (Palm Beach County Comprehensive Emergency Management Plan). These are: George Bush Boulevard to 1-95 via Swinton Avenue and Atlantic Avenue; Atlantic Avenue to 1-95; and Linton Boulevard to 1-95. These evacuation routes can accommodate the population of the Coastal High Hazard Area with an evacuation time of 7-10 hours, as calculated by the Technical Data Report of 1994. Treasure Coast Regional Hurricane Evacuation Study. There are no constraints to evacuation other than localized street flooding along the evacuation routes and backlog traffic on 1-95 and the Florida Turnpike, the regional evacuation routes. Since evacuation times are currently acceptable, and the post- development population of the Yake Property will not be evacuated in the event of a category 1 hurricane, such development will not adversely affect evacuation times. Response to ORe for Plan Amendment 96-1A Page 3 There are three hurricane shelters within the City which have been designated by the American Red Cross. These shelters have a total capacity of 2,450 persons, based on a standard of 20 sq. ft. per person (Palm Beach County Comprehensive Emergency Management Plan). Existing hurricane shelters are adequate to serve the needs of the City in a category 1 hurricane (Technical Data Report of 1994. Treasure Coast Regional Hurricane Evacuation Study). Shelters designated and operated by the Red Cross are: . Atlantic High School (capacity 1,200) . Carver Middle School ( capacity 350) . Temple Sinai (Reserve) ( capacity 900) As previously stated, the Yake Property will not be included in an evacuation order in the event of a category 1 hurricane. Therefore, post-development population on this site will have no adverse impact upon potential shelter space. II. Consistency With State and Regional Comprehensive Plans A. State Comprehensive Plan City Response: The proposal for a higher density residential category is grounded in sound planning principles. The Governor's Commission for a Sustainable South Florida, and Eastward Ho! (its implementing initiative) focus on redevelopment, infill development and economic development. Treasure Coast Regional Planning Council's Strategic Regional Policy Plan (SRPP) expresses the model and goals for regional development, focusing, in built up areas, on compact urban development. Redevelopment planning and a higher density residential category fit into these system- wide plans and the goals of the City. The factors of the equation are services, transportation, schools, natural resources, economic development and tax base. The sum of the factors is quality of life. Higher residential density, as a tool for growth management, can: Response to ORe for Plan Amendment 96-1A Page 4 . Reduce urban sprawl. . Use existing resources efficiently. . Help make mass transit feasible. . Put a viable consumer base close to businesses. . Improve the efficiency of service delivery, reducing the per capita cost. . Provide housing in proximity to employment and essential services, controlling the cost of transportation. . Increase opportunities for neighborhood schools, decreasing the length and frequency of busing, and decreasing the cost of providing schools and student transportation. . Assist in environmental preservation by reducing the demand for the development of suburban land. . Accommodate alternative forms of transportation such as walking and bicycling. . Help revitalize urban areas. City Response: Development proposed for the Yake Property, as in any development proposal in the City, is required to meet minimum standards for water quality and quantity. These standards are applied through the South Florida Water Management District permit process and the requirements of the City's Land Development Regulations. Through the land use amendment process, the availability of land, water and other resources to meet demands has been analyzed and found adequate. The Coastal High Hazard Area is the evacuation zone for a category 1 hurricane as established in the regional hurricane evacuation study. In the Delray Beach area, this zone is defined in the Florida Hurricane Evacuation Study for the Treasure Coast (Post, Buckley, Shuh & Jernigan, 1993). The zone coincides with the category 1 hurricane surge limits, which are based on still water total storm tide heights. Storm tide heights for a category 1 hurricane in the area of the Yake Property are 6.3 NGVD. Total storm limits were determined by plotting still-water total storm tide surge elevations at mean high tide onto five foot contour interval U.S.G.S. quadrangle mapping. The accuracy and precision of the plotted limits were noted to be governed by the accuracy of the maps. Existing ground elevations on the Yake Property range from 2.3 to 12.2 NGVD, with a mean of approximately 7.0 NGVD. Existing adjacent streets are at or above 8.5 NGVD. Property improvements will be required to meet the minimum standards of the Land Development Regulations, South Florida Water Management District, and Federal Emergency Management Agency related to storm water management. These include setting finished floor elevations 18" above the road crown, or above the 100 year storm elevation, whichever is higher; and setting roadway elevations above the 10 year storm Response to ORC for Plan Amendment 96-1A Page 5 elevation. Combined with site grading, the development activities will raise the elevations on the property above elevation 6.3 NGVD. Therefore, in its post- development condition, the Yake Property will be above the category 1 hurricane surge limits and not subject to potential flooding by a category 1 hurricane. - City Response: Public infrastructure, including water and sewer systems, streets and drainage are in place to serve the potential development of the Yake Property. Water and sewer treatment plant capacity is in place to serve the proposed maximum potential population. Therefore, no additional public infrastructure investment will be required to serve the proposed development. City Response: The developer of the Yake Property will be required, through the provisions of the Comprehensive Plan and the Land Development Regulations, to provide the site- specific infrastructure to serve the proposed development. Improvements will include water and sewer line extensions, on-site roadways and off-site road improvements, and storm water management for the project. Impact fees will also be paid by the developer for schools, parks, traffic, etc. These fees will help offset the costs associated with providing these services in proportion to the benefits that will accrue to the development. _1- City Response: Development of the Yake Property will have no impact on capital improvement planning by the City, or any other unit of government, for the reasons stated above. Site-specific improvements will be the responsibility of the developer, adequate public infrastructure already exists, there will be no additional impacts on evacuation routes or potential shelter space. Response to ORe for Plan Amendment 96-1A Page 6 B. Treasure Coast Regional Policy Plan City Response: As described in detail above, the Yake Property in its post-development condition will not be vulnerable to inundation from storm surge in a category 1 hurricane, and is not within the evacuation area for a category 1 hurricane. In fact, evacuation of such property that would not be affected by hurricane storm tide would needlessly increase the volume of traffic on evacuation routes and adversely impact the demand on shelter capacity. Therefore, this goal and policy do not apply to the Yake Property. City Response: The City has developed and implemented a number of strategies to protect against placing population at risk in coastal high hazard and floodplain areas. These include: . Construction and maintenance of a beach restoration and nourishment project to provide a buffer against damages from storm surge. . Construction and maintenance of a dune system to provide a buffer against damages from storm surge. . Adoption and implementation of the requirements of the Coastal Construction Control Line, Erosion Control Line, and Coastal Protection Ordinance. . Adoption and implementation of storm water management standards to control flooding. Response to ORC for Plan Amendment 96-1A Page 7 . Requirements in the Land Development Regulations and Comprehensive Plan to prevent increases in intensity on the barrier island that would adversely impact hurricane evacuation times and routes. Conclusion: Data and analysis demonstrates that increased density on the property will not adversely impact hurricane evacuation, availability of shelter space, public safety and public investment. Further, the data and analysis included in Proposed Comprehensive Plan Amendment 96-1A as transmitted, together with additional information included in this response, demonstrate that the proposed Future Land Use Plan amendment is consistent with the State Comprehensive Plan and the Treasure Coast Regional Strategic Policy Plan, and meets the requirements of Rule 9J-5 F.A.C. Therefore, the City may adopt the Plan Amendment as transmitted, without revision. Attachments: Evacuation order for a category 1 hurricane Letter from B.T. Kennedy S:\adv\comp\961 AORC 1 I INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the City of Delray Beach proposed amendment to their comprehensive plan pursuant to s. 163.3184, Florida Statutes (F.S.). Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. SOrT'le of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the. external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations section are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. ,. t, ., " .' STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAI RS EMERGENCY MANAGEMENT' HOUSING AND COMMUNITY DEVELOPMENT' RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES JAMES F. MURLEY Governor September 13, 1996 Secretary The Honorable Jay Alpren Mayor, City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444-2698 Dear Mayor Alpren: The Department has completed its review of the proposed City of Delray Beach Comprehensive Plan Amendment for (DCA No. 96-1 A), which was received by the Department on July 3, 1996. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. I am enclosing the Department!s Objections, Recommendations and Comments (aRC) Report, issued pursuant to Rule 9J-11.010, Florida Administrative Code (F.A.C.). The issue identified in the Objections, Recommendations and Comments Report pertains to increased residential density in the coastal high hazard area. It is very important that the adopted plan amendment address these issues, and all of the objections in the Department's aRC Report. Upon receipt of this letter, the City of Delray Beach has 60 days in which to adopt, adopt with changes, or determine that the County will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes, and Rule 9J-11.011, F.A. C. Within ten working days of the date of adoption, the City of De!ray Beach must submit the following to the Department: Five copies of the adopted comprehensive plan amendments; ~.. ~~~""'?ij A copy of the adoption ordinance; m~,rt\~ h \,. \~~ J 1'\"':"" \t ~. :\...:~:_). ;,:1 .....;.-r. t ': ] i'l'~' .\'::'-;:' ~,- ....;; i ( . ~~\ \") ~. A listing of additional changes not previously reviewed; \\:-... "~ \,-,.-=)G .".:' '.: ~ ';.) " ~ \'~ ,~r~~ 2 S S S S HUM A R D 0 A K B 0 U lEV ^ RD. T ^ II A HAS SEE, F lOR I 0.(' ''. T.2;3 ,9,9 ',2 1 00 flORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH flORIDA RECOVERY OFFICE GREEN SWAMP'AII[A Of CRITICAL STAfE CONCERN fIELD OffiCE P.O. 80. 4022 fIELD OffiCE 27% Overseas Highway, Suile 212 8bOO NW 36th Slreel 155 Easl Summerlin Marathon, Florida 33050.2227 Miami, Florida 3J1 59.4022 8anow, Florida 33830.4641 I - .' .. . The Honorable Jay Alprin September 13, 1996 Page Two A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Depart ment's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011 (5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. We would be happy to meet with you, or your designee, and your staff, to resolve these issues. Please contact, Greg Stuart, Planner IV, Roger Wilburn, Community Program Administrator or Charles Gauthier, AICP, Growth Management Administrator, at (904) 487-4545 if we can be of assistance as you formulate your response to this Report. Sincerely, )~ );v? C L;J J 0 te... J. Thomas Beck, Chief Bureau of Local Planning JTB/gsc Enclosure: Objections, Recommendations and Comments Report Review Agency Comments cc: Ms. Diane Dominguez, Director of Planning & Zoning Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council . I .' DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR THE CITY OF DELRA Y BEACH Amendment 961 A September 13, 1996 Division of Resource Planning and Management Bureau of Local Planning ., \ . . Objections, Recommendations, and Comments Report City of Delray Beach 96-1A I. Future Land Use Map Amendment Obiection: The City did not provide a justification for the proposed increase in residential density within the coastal high hazard area and did not provide data and analysis demonstrating the potential impacts to evacuation times and potential shelter space that would be affected (Rule 9J-5.006(3)(b)5, 9J-5.006(3)(b)5. and 9J-11.007(1). F.A.C.). Recommendation Provide a justification for the proposed increase in residential density within the coastal high hazard area and provide data and analysis demonstrating the potential blpacts to evacuation times and potential shelter space that will be affected. If the impacts. associated with the increase in residential density has a negative affect on evacuation times and/or shelter space, the City should withdraw the amendment. . II. Consistency With State and Regional Comprehensive Plans A. State Comprehensive Plan (1)Obiection: Future Land Use Map Amendment to the Yake Property is inconsistent with and does not further the goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes, for the following provisions (Rule 9J-5.021. F.A.C.): 1. Goal 16, (Land Use), Policies 1 and 6. 2. Goal 18 (Public Facilities), Policies 3, 4. and 7. Recommendation: Revise the Future Land Use Map Amendment to the Yake Property to be consistent with and further the goals and policies of the State Comprehensive Plan Chapter 187. Florida Statutes, for the above referenced provisions. B. Treasure Coast Regional Policy Plan (2)Obiection: Future Land Use Map Amendment to the Yake Property is inconsistent with and does not further the goals and the supporting policies of the Treasure Coast Regional Policy Plan, for the following provision (Rule 9J-5.021, F.A.C.): 1. Regional Goal Strategy 5.1.1; Policies 5.1.1.1 and 5.1.1.2. Recommendation: Revise the Future Land Use Map Amendment to the Yake Property to be consistent with and further the goals and the supporting policies of the Treasure Coast Regional Policy Plan, for the above refernced provision. . . . . .~ ,- r Department of Public Safety Ms. Diane Dominguez, Director of 'Planning Zoning City of Delray Beach Emergency Management 100 N.W. 1st Avenue 3723 Belvedere Road Delray Beach, Fl 33444 West Palm Beach. FL 33406-1594 (561) 233-3500 Re: YAKE PROPERTY FAX: (561) 689,6680 of . the "Yake This is .to confirm that development Property" , as shown on the attached location map, would not adversely impact evacuation times or the availability . of potential shelter space in a category 1 hurricane. As a matter of fact, requiring evacuation of this area Palm Beach County would increase evacuation times unnecessarily by adding Board of County vehicles to the evacuation routes and would also increase Commissioners the capacity demand for hurricane shelters. Ken L Foster. Chairman If adjacent streets to this property are above 8.5 NGVD, Burt Aaronson. Vice Chairman and local ordinance and federal regulations require the built-upon property to be above the crown of the road, Karen T. Marcus such property is not subject to tidcil inundation .by a Carol A. Roberts Category I Hurricane. Warren H. Newell Planning for hurricane evacuation is under the authority Mary McCarty of Palm Beach County Division of Emergency Management. The Division establishes the specific areas to be Maude Ford Lee evacuated from an impending storm event. Evacuation orders are given county-wide, and must be easily understood ona geographic basis. Evacuation orders are County Administrator based on close coordination with the National Hurricane Center. In practice, for a category 1 h~rricane that is Robert Weisman. P.E. not expected.to intensity before landfall, an evacuation order will be given for the barrier island and for mobile home parks. Therefore, in Delray Beach, only development on the barrier island or in mobile home parks have an effect on evacuation times in this storm category. This area would not include the vicinity of the Yake Property. Sincerely, B.T. Kenne y, Jr. ~~(Crn:ff\Y!!EJD) Director, Palm Beac County Division of Emergency Management SEP n'1 '996 -An Equal Oppo~tunity "'ffirrnativc Action Employer' BTK:ar PLt"\NNING &lONiNG @ ptintQd on rocyclod papor - . . .,/ / .- r / I I T T " ,. P;CZ 1200 sr. . /=: ' 71 BORION ~~ I I r- / I __J... lA T T I ~ I '-A't' ~ s~€.~a H ,. ,- I ~ I (}Jl..ffC\; . If ~k: '-- f---J I II.5.A. mAcr Gd- - >- T'~ - ~ OORAY I >- ~ SWAP SHOP H 20," , 3" '---. '< /7 1 I. x" t, -, - orYlovrs -. '1: L/ CF It KOKOIIO KeY TQttNHOI.I€S ; w # MOO'~ ~~ IL !4C ~ '4T J ARROW:= I lII11 u--B , ~ <:J /' - ~EI ~, Q >- '-- J B 0' - '"'S. IJ- . - ~ i- f -" - , 0 tJ. T -- r..: ~ .' 10~'1~t.~ ~r' ~ fS ~ ~"'" o. . GU\.. - - ,~ - ~ i< . ..:::: :==. jfR I j T j ; J- :J~ I J rri~ ii/1n ~TTfj . ! ~ I~ I W LAC AllOU 'j . 0 f- ~ ' I~ I III, ill ! or '\ _ /- : (ME A~ So ! 4C \ I-OJ :rd II I I . ~ r l=-'i J. II i ~y I I I /[ . ~ 0 ~ - . l- ~ 1- - - ~'~ . r I I /; I So : I~l~ ~ =:!T I=J ~~ ! r J-= / ~ J- ~c5m~ ; { J Jt= J==:J I ~ L-JWJt=i' I 1- I/~ J == m7 ;'~ II 1 j f~ 1 I- ~~I-~J .Qj ~ 1/ ~!.L u.L.C:1 J I~' f-... 1 '-- .!-.. u:: ~ J ! I t--L J.: ..... I - . .'_1_1 ~ .1 ~ , 0 -. .' . n:i r- \08. ".. JIJU iwr ,!.!.! ~ WAJDnrA Y NO/UN OOHOO r " , -,;;; ....- Ii COt( IlUr \ 1RN ~ 11' I 8OlA(VNIll ~J .~~ <<~ IIUSIC ilnl, ARO Q:0llCE I- I L- I MAIlINA w J ~ ~RAY i ~ U :r sr. V1Nct:NrS GC g: ~ M'r\R '" I I. 1,..::-, , ~. N. OfIJRCH 0 COHOO LJ. ,r J.-- ~ I CF 1If"0C('- ~ ~ ~ ~ CONDO II.S,A. I~ Hf' ~ q. ~ osl-C mAcr i j. N FUTURE LAND USE AMENDMENT - FROM: -MEDIUM DENSITY RESIDENTIAl- TO: -HICH DENSITY RESIDENTlAl:- I~ANNINC OCf'^IHU'(Nr I.(C(NO O";~c . ur'ttl ........c;:l O-;.()I"(.. ""IIC( (".C~rt' hC"It('S wQft-tIlII(o. DC~f'Y "C'S<<..t""C. cc IY Of OO.H^,( UCA.CU. n (CCl"',,{tlVAIIO." Ntt'""'J """-'I4.Nw"'..~ c.c .C(fW{~ eoo-<ttew lD"hlOW OC"""'Y ff(,\<<",'W /JIG/rAt.. IJltsr /JAI' Sr:if(U ~ - UN' ocr: lUOG1 . . - ,.,., (EVACUATION) ..\ . MEDIA STATEMENT PALM BEACH COUNTY DIVISION OF EMERGENCY MANAGEMENT EVACUATION ORDER (CATEGORY I) AN EVACUATION ORDER HAS BEEN ISSUED BY COMPETENT AUTHORITY, EFFECl'IVE AT THIS TIME, FOR THE FOLLOWING AREAS OF PALM BEACH COUNTY. ALL RESIDENTS RESIDING IN THE AREAS EFFECl'ED ARE URGED TO EVACUATE IMMEDIATELY TO SAFE REFUGE. PERSONS WHO ELECl' TO SEEK REFUGE IN AN AMERICAN RED CROSS SHELTER SHOULD REPORT TO THEIR CLOSEST SHELTER WHICH HAS BEEN OPENED, AS ANNOUNCED BY THE RED CROSS. (PIO - RELEASE ATTACHMENT PROVIDED BY DIRECTOR OF EMERGENCY MANAGEMENT) ATTACHMENT RELEASED Date Time Mode Date Time Mode Date Time Mode Date Time Mode Date Time Mode (PIO - INITIAL AFTER EACH RELEASE) ,< "..,", (EVACUATION) "'" -, (TO DB USBD poa LANDPALLINa HURRICANES) I ATTACHMENT "A" I CATEGORY I ALL BARRIER ISLANDS. ALL MOBILE HOKES. ALL OCCUPIED LAND AREA WITHIN THE PERIMETER OF THE HOOVER DYKE. MEETING OF: OCTOBER 28, 1996 AGENDA ITEM: ltD. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS CREATING SECTION 4.4.8, HIGH DENSITY RESIDENTIAL (HR) ZONING DISTRICT I::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::t::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::IttI:'::::::::::::::::IOOII:::Illgll:::18I:':IIIII::::::::::::::::::::::::::::::::::::::::::::::':::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::I::::::::::::::::::::::::::1 The item before the Board is an amendment to the Land Development Regulations (LDRs) creating a new Section, 4.4.8, High Density Residential (HR) District. This text amendment is being proposed in order to implement certain provisions of the North Federal Highway Redevelopment Plan. The plan recommends increases in residential densities to promote redevelopment and economic development in the area. A greater concentration of residents in the immediate area can help to provide a viable consumer base for the blighted commercial corridor. A market study was conducted in conjunction with the North Federal Redevelopment Plan, which analyzed the demand for rental apartments in the area. The study concluded that there is a strong market for rental housing in the Delray Beach area and the county as a whole. The demand potential in the Delray market area, which includes a portion of Boynton Beach as well, is between 870 to 1,085 units per year through the year 2,000. The study specifically addressed the potential for a rental development on the Intracoastal Waterway, and recommends high-end, garden style apartments in order to maximize the number of units with waterfront views. The study anticipates that apartments in the North Federal corridor would draw residents from a large area due to a number of factors such as the Intracoastal views, the proximity to the beach, and a location that is central to Boca, Delray and Boynton. The plan calls for the creation of a new land use and zoning classification which would be applied to property located within the North Federal corridor. The Future Land Use Map designation was considered as part of Comprehensive Plan amendment 96-1. The LOR amendment creating the High Density Residential zoning designation is now before the Board for consideration. P&Z Board Memorandum Staff Report LDR Amendment Creating the High Density Residential (RH) Zoning District Page 2 The HR district as proposed is for use only in Community Redevelopment Areas, or in designated Redevelopment Areas as identified in the Comprehensive Plan. It can only be applied after having been identified as appropriate in a Redevelopment Plan for a specific area. The purpose of the district is to provide incentives to attract developers to redevelopment areas, but also to ensure that those incentives are tied to standards that will result in a high quality development. Establishment of quality projects in redevelopment areas will help to raise the values of adjacent properties, having a positive impact on the area as a whole. The district regulations stipulate that projects can only exceed twelve units per acre when it is determined that they meet certain performance standards, such as larger unit sizes, enhanced buffers, additional amenities, etc. The performance standards are detailed in part (G) of the proposed ordinance. The maximum density allowed under any circumstance is eighteen (18) units per acre. Application of the zoning designation is tied to a site plan, in order to establish that the required standards have been met. A conceptual site plan will be approved concurrent with the rezoning, with a final detailed plan to be subject to SPRAB review. Any modification of the plan that would affect the density calculation would have to be processed as a rezoning. By motion, recommend to the City Commission adoption of the LDR amendment creating Section 4.4.8, High Density Residential, as attached. Attachments: . Proposed HR Zoning District Regulations I I ,- FAILED ON FIRST READING - 11/5/96 '.- . -,'. -- - I ORDINANCE NO. 52-96 : AN ORDINANCE OF THE CITY CG1MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTIOO SECTION 4.4.8, II HIGH DENSITY RESIDENTIAL (RH) DISTRICT" , OF THE LAND DEVELOPMENT REGUlATIONS OF THE LAND DEVELOPMENT REGUlATIONS OF THE I CITY OF DELRAY BEACH; PROVIDING FOR THE PURPOSE AND i INTENT OF THE ZONING DISTRICT, PRINCIPAL USES AND STRUCTURES PERMITTED, ACCESSORY USES AND STRUCTURES PERMITTED, CONDITIONAL USES AND STRUCTURES ALI..CmED, REVIEW AND APPROVAL PROCESS, DEVELOPMENT STANDARDS , PERFORMANCE STANDARDS, AND SUPPLEMENTAL DISTRICT REGUlATIONS; AMENDING SECTION 4.3.4(K), II DEVELOPMENT STANDARDS MATRIX - RESIDENTIAL ZONIOO DISTRICTS II , BY ADDIOO THE RH DISTRICT 'IO THE MATRIX; PROVIDIOO A GENERAL REPEALER CLAUSE, A SAVIOO CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1. 1. 6, the Planning and Zoning Board reviewed the subject matter at its meeting of October 28, 1996, and voted 4 to 3 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 : Camprehensi ve Plan. I ! NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLIlMS: Section 1. That Chapter Four, II Zoning Regulations II, Article 4.4, I "Base Zoning District ", of the Land Developnent Regulations of the City of Ii Delray Beach, Florida, be, and the same is hereby amended by enacting Section 4.4.8, II High Density Residential (RH) District II , as more particularly , described in Exhibit "A" attached hereto and made a part hereof. , I i Section 2. That all ordinances or parts of ordinances in conflict I herewi th 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. FAILED ON FIRST READING - 11/5/96 I ------,- "'_-,_.- .....~- ,....~_. ___.'h'_ ".....--.~..., ________'.,-,,___... . __ I'-"~.'''_____ _._'_..___. ___...__~._________. __.~._.,_..,__.._.n_._ --.. -_. --- Section 4. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 51-96 adopting Comprehensive Plan Amendment 96-1A. PASSED AND ADOPTED in regular session on second and final reading i on this the day of , 1996. , , f If MAYOR i ATTEST: I I City Clerk I i First Reading i i Second Reading ! , t ; I I I i I I i I I I I i I I I, I' i - 2 - Ord. No. 52-96 I , FAILED ON FIRST READING - 11/5/96 ! \. EXHIBIT "A" TO ORDINANCE NO. 52-96 Section 4.4.8 High Density Residential (RH) District: (A) Purpose and Intent: The High Density Residential (RH) District is intended to promote quality development within the Community Redevelopment Area, or within designated Redevelopment Areas as identified in the Comprehensive Plan Future Land Use Element. The RH zoning is consistent with the High Density Residential land use designation, and may only be applied after having been identified as appropriate in a Redevelopment Plan for a specific area. The maximum density allowed is eighteen (18) units per acre, however, density above twelve (12) units per acre may only be approved for projects meeting certain performance standards. The performance standards are designed to result in high quality multi-family development that will stimulate additional future investment in the surrounding redevelopment area. (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RH) District as a permitted use: (1 ) Multiple family dwellings and structures. (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, playhouses, pool houses and covers, pump houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (2) Family Day Care pursuant to restrictions set forth in Section 4.3.3(T) (Child care, up to five children) (3) Home Tutorial Services subject to the restrictions set forth in Section 4.3.3.(KK). (4) Recreational facilities attendant to a multiple family development or a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (D) Conditional Uses and Structures Allowed: There are no listed conditional uses allowed within the RH District. (E) Review and Approval Process: (1) All uses and structures which are to be allowed in a particular High Density Residential district shall be established on a site and development plan, including landscaping and elevations, which is processed and adopted as part of the rezoning ordinance. The plan that is adopted with the rezoning may be conceptual in nature, however, the level of detail must be sufficient to determine that the applicable performance standards are being met. Final approval of the detailed site plan, .. landscape plan, elevations, and preliminary engineering plan is by the Site Plan Review and Appearance Board. (2) Vesting of a development in the RH district shall occur in the same manner as set forth in the establishment of a site plan approval as specified in Sections 2.4.4(D) and (E). In the event that a development does not become established, any increase in density above twelve units per acre, as well as all waivers, adjustments, and other actions taken in connection with the site plan approval shall be void. (3) The process for modification of an approved site and development plan is as follows: (a) Modifications to any element of the plan that affect the performance standards used in calculating the development's density shall be processed in the same manner as a rezoning. (b) Modifications to the plan that do not affect the performance standards may be approved as a site plan modification. (F) Development Standards: (1 ) The standards for the RM (Medium Density Residential) zoning district, Section 4.4.6(F) shall apply to development having a density of twelve (12) units per acre or less. (2) The standards as set forth in Section 4.3.4 shall apply to development which exceeds twelve (12) units per acre in density. In addition, the density of development within this zoning district may exceed 12 units per acre only after the City Commission makes a finding that the project has complied with performance standards as listed in 4.4.8(G). In no event shall the development's total density exceed 18 units per acre. (3) All dwelling units must have one or more bedrooms. Efficiency and studio type units are not permitted in this zoning district. (G) Performance Standards: The following is a list of standards which must be met in order to increase the density of a development above twelve (12) units per acre, and the corresponding maximum number of units per acre by which the density can be increased if the standard is achieved. Any combination of these standards may be used to achieve the desired density up to a maximum of eighteen (18) units per acre. Fractions of units may not be awarded to projects which only partially achieve a particular standard. 2 (1 ) At least 50% of the units exceed the minimum square footage allowed by at least 25%. [Increase of 1 unit per acre] (2) The landscape buffer required in Section 4.4.8(H)(1) is increased to at least 15 feet adjacent to residential property lines. [Increase of 1 unit per acre] (3) The maximum building height within 100 feet of any adjacent residential property line neither exceeds two stories nor 25 feet. In areas where the 100 ft. distance intersects a building, the standard applies only to that portion of the building that is within 100 feet of the adjacent residential property line. [Increase of 1 unit per acre] (4) The project is designed and sold as owner-occupied dwelling units, for example, condominium, co-op, or fee simple. [Increase of 2 units per acre] (5) In addition to the minimum required tot lot, the project includes at least four different recreational amenities chosen from the following list: (a) community swimming pool (b) clubhouse with exercise/weight room, meeting room, or card room (c) spa/hot tub, sauna (d) tennis court (e) racquetball court, squash court (f) volleyball court (g) basketball court (h) heart trail (i) boat docks An amenity that is not listed above but is similar in nature to one that is listed may be counted toward meeting this standard if approved by the City Commission. [Increase of 1 unit per acre] (6) Garage and/or covered parking is available to at least twenty-five percent (25%) of the units. [Increase of 1 unit per acre] (7) The project provides both vistas and access to the public to open space areas such as lakes, canals, and golf courses. [Increase of 1 unit per acre] (8) The project design is a distinct, traditional architectural style that is prevalent in the City of Delray Beach, such as Mediterranean Revival, Vernacular, Bermuda, Mission, etc. Except for projects with a Mission design (which may use a combination of pitched and flat roofs with parapets), building roofs have a pitch of at least 4: 12, have varied heights, and are finished in clay tile, concrete tile, or standing seam metal. The planes of the facades are offset to add interest to the project and to distinguish the individual units. The elevations include a variety of window and door shapes and locations; features such as balconies, arches, porches, courtyards; and 3 design elements such as shutters, window mullions, quoins, decorative tiles, exposed rafter tails, etc. The overall design is of a particularly high quality. [Increase of 1 dwelling unit per acre] (9) In addition to providing building elevations as described in performance standard number (8) above, the architectural theme is carried over into the site itself. Accessory buildings and structures such as cabanas, mail kiosks, dumpster enclosures, storage buildings, etc. include design elements similar in style to the main buildings, as do walls and fences. Landscape and hardscape treatments are compatible with and complementary to the overall architectural character. Driveways of asphalt or concrete are accented with other materials such as paver blocks, keystone squares, or stamped concrete. [Increase of 1 dwelling unit per acre] (10) The project landscaping exceeds the minimum requirements of LDR Section 4.6.16 by meeting at least three (3) of the following standards: (a) Sixty (60) percent of the required trees are native species; (b) Thirty-five (35) percent of all other required plant materials are native; (c) Trees located along the perimeter of the development exceed the minimum height at time of planting by 25%; (d) Along the perimeter of the property adjacent to residential property lines, at least one tree is planted for every thirty (30) linear feet or fraction thereof; (e) Hedges along the perimeter adjacent to residential property lines are three (3) feet high at time of planting. [Increase of 1 unit per acre] (H) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below. (1 ) The first ten (10) feet of any setback that is adjacent to a residential property line or a street right-of-way shall be a landscaped area. Within this area, no paving shall be allowed except for access drives and pedestrian ways. (2) Structures consisting of dwelling units shall not be located closer than 25' to each other, unless the approving body makes a specific finding that the structures are positioned in a manner that allows for the sufficient passage of light and air. (3) A tot lot shall be a feature of all developments in this district. 4 J- Z ~W In :J~jj ~ ~~o: 0 Z....l<( CO -W 10 ~> W 0 J- ~ I 'E <.9~ 10 J!) -~ ('t') ~ W I U I ~ 'C :J .., E f1J C .....In ro ~ .2 c .9 L. 0 0) 1ii~ Q) c 00 '- co - X .- Z 0- .0 ._ C :J ro '- 0 W Q)O> .2 ro 0 Q) Q) o..E N 000: Q.Q) CU ro.c Q)- ;; 0: .0 r::: C <(~ 10 - .;;; (I) W~ N o 01 :2 0: r::: r::: '0 .- f1J -'0 :J ro (I) o Q) 0::: 0: 3:.c . WO('t') 10 - Q) >< 0:-........ N Q) III ON' - 010 'C -WO<'.S~ 10 jg-5 .., ooJ-...... ...... r::: LO CO o '- Z '- Q) :IE iC' LL'O f1J en _ r::: o :J "C"E J- -1'0 ~ as WW('t') 0 -g~ CO-o W-........ ('t') "C t: Oo:N~ - ro Q) C~ - O<'.S~ 10 _ III ooJ-...... N -5 .!:: J!en 00 Q.Q) UJe> Q).o .., .~ 0= c 3: J-('t') 0 15 '3: (I) 0 ZN........ ('t') ~ . E= OO<'.S~ - .c-::!; 0: ~ 10 c..E N -Z u....... '0. .2 Q) ~..... (I)..r: W~ _ u >+-' o .;:: (I)..r: ~- CI) C~ ~()W <Ji'6 _3: :J~~ .!::! 01 ::.:: >< ~ooW ~ C/) .!:: -.- 0 _ C ~~ - 0: 10 ZZ- ...... o 0 'as -W:J ~ N ~:2 ~a.O '-:r: ~Q) OW .Eo:: III Q) C..r: 0: 'E.c O+-' ro- ;;0 'Or::: U+-' ~ G'~ c .- (l)t) ro..... _ c UJ .;:: ~J-~~ III Q) oUi "#. E E .., .- -OOW 0 :J Q. ..,0 ~....I~> oq E.Q C:c .- Q) ::2 000 c > (1)0:: .- Q) E Q) ---{) ~'O "C..r: iC C+-, ::2 (1)-0 :::>o:<(~ E-o ::2ow=: ..-. <(<( -00:0- ...... Z....I<(~ --- -u. ~ , .. _.-. _.- . - ,"-,-_.-._~-.- ------ - --- ~._- _... _u - ,'" -.-.-. --~ - - .-.- - 1 - -. - - +--.- ORDINANCE NO. 53-96 AN ORDINANCE OF ernE CITY cx::M<tISSION OF THE CITY OF DELRAY 1- BEACH, FLORIDA, AMENDIOO SECTION 4.4.9, "GENERAL CG1MERCIAL (GC) DISTRICT , SUBSECTION 4.4.9(D), IlCONDITIONAL USES AND STRUCTURES .ALI.CMED", AND SUBSECTION 4.4. 9(G), "SUPPLEMENTAL DISTRICT REGULATIONS II , OF THE LAND DEVELOPMENT REGUlATIONS OF THE CITY OF DELRAY BEACH, 'IO PROVIDE FOR THE NORTH FEDERAL HIGHWAY OVERLAY DI STRICT j AMENOIOO ARTICLE 4.5, "OVERLAY AND ENVIRONMENI'AL MANAGEMENT DISTRICTS II , OF SAID LAND DEVELOPMENr REGUlATIONS, BY ENACTIOO SECTION 4. 5. 7 , liTHE NORTH FEDERAL HIGHWAY OVERLAY DISTRICT", 'IO DEFINE AND ESTABLISH SAID OVERLAY DISTRICTj PROVIDI~ A GENERAL I , REPEALER CLAUSE, A SAVIOO CLAUSE, AND AN EFFECTIVE DATE. ! WHEREAS, pursuant to LDR Section 1. 1. 6, the Planning and Zoning ! Board reviewed the subject matter at its meeting of October 28, 1996, and . voted 6 to 0 to forward. the change with a recommendation of approvalj and I , i 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 , I Canprehensi ve Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CG1MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLIlMS: Section 1. That Chapter Four, II Zoning Regulations ", Article 4.4, i "Base Zoning District", Section 4.4.9, "General Conunercial (GC) Districtll , I i Subsection 4.4.9 (D), "Condi tional Uses and Structures Allowed", of the Land i Developnent Regulations of the City of Delray Beach, Florida, be, and the i same is hereby amended to read as follows: I I (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses wi thin the GC District, except as Ptl2Sfitl6tt;\! i modified in the West Atlantic Avenue Overlay District by Section I 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2): I i Section 2. That Chapter Four, II Zoning Regulations ", Article 4.4, , I I. "Base Zoning District II , Section 4.4.9, "General Conunercial (GC) District II , I I Subsection 4.4.9(G), II Supplemental District Regulations" , of the Land , Developnent Regulations of the City of Delray Beach, Florida, be, and the r I same is hereby amended by enacting a new subsection 4.4.9(G)(2), "North i Federal Highway Overlay District ", to read as follows: (G) Supplemental District Regulations: I , I I -- "- - - -- -~.. . "....--.' - _.---,'- - -r- -.-. -- -~--------- -~------_.~- - -~-----_. -_.. --'-- -- .--- ~-- ill North Federal Highway Overlay District: The following I , supplemental district regulations apply to the North Federal Highway Overlay I I District, as defined at Section 4.5.7. r I , ill In addition to the Uses listed in 4.4.9(D), the I ! following light industrial uses are allowed as conditional uses: i I ill Fabrication and/or assembly of manufactured materials or parts for distribution or sale, , such as sheet metal, sign shops, glass shops, electronics, cabinet and furniture making. ill The wholesaling, storaqe and distribution of products and materials, other than self-storage facilities. (b) All uses listed under subsection (a) above must: ill Operate in conjunction with a permitted service i or retail use that is located on the premisesj I ill Maintain a conunercial facade along North I I Federal Highway, with the light industrial i aspect of the business oriented toward Dixie I Highway j and I I I (3) Operate wi thin an enclosed buildinq I with no , I ! outside storage. I I Section 3. That Chapter Four, "Zoning Regulations ", Article 4.5, I NOverlay and Environmental Management Districtsll, of the Land Developnent Regulations of the City of Delray Beach, Florida, be, and the same is hereby . , amended by enacting Section 4.5.7, liThe North Federal Highway Overlay District" I to read as follows: ! I Section 4. 5 . 7 The North Federal Highway Overlay District. I I (A) Defined: The North Federal Highway Overlay District is hereby I , established as the area bounded by Dixie Highway on the west, the northern Ii Ci ty limits on the North, North Federal Hiqhway on the east, and N.E. 14th ! Street on the south. The regulations established in Section 4.4.9(D) and I (G) (2) shall apply to all GC zoned parcels within the overlay district. t I Section 4. That all ordinances or parts of ordinances in conflict I herewi th be, and the same are hereby repealed. i I I I , \ - 2 - Ord. No. 53-96 i i I I i ! I , I _. _0 _. ~.__ ._..___~___A__-____ .---_. --------- .---.... I , I I , Section 5. That should any section or provision of this ordinance ! ; or any portion thereof, any paragraph, sentence, or word be declared by a I court of canpetent jurisdiction to be invalid,. such decision shall not affect I ; the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 51-96 adopting Comprehensive Plan Amendment 96-1A. I i PASSED AND ADOPTED in regular session on second and final reading I on this the day of , 1996. I t I MAYOR I I ATI'EST : I ! ! ; City Clerk I First Reading ! Second Reading I , , I ! I I , I I , , ! ! i I I - 3 - Ord. No. 53-96 . . . MEETING OF: OCTOBER 28, 1996 AGENDA ITEM: II.C. AMENDMENT TO LOR SECTIONS 4.5 AND 4.4.9, ALLOWING FOR CERTAIN LIGHT INDUSTRIAL USES WITHIN THE GENERAL COMMERCIAL (GC) ZONINGDISTRICT I~~t[[~::::::~[::[;.ti@~\:~[[~::[[[[~~;.[[\~[\[:[::::;.::[:::::::::::::~::::[::[::[:[:::::~::~[:::::::::~:::::::::t:::::::::::::~::::I.III':::ll.illl:;ml:::1111I:::::::::::::::\::t:::::::::[::::::::::[[:::::[:\t:::::\:\:::::::::::::::::::::::::~::::;.[::t::[~:[::[:[:::[::[::::::::\:::\:::::::::::::::::::::~:::::t The item before the Board is an amendment to two sections of the Land Development Regulations, in order to implement provisions of the North Federal Highway Redevelopment Plan. The affected sections are 4.5, Overlay and Management Districts, and 4.9, General Commercial Zoning District. The above referenced text amendments are being proposed in order to implement certain provisions of the North Federal Highway Redevelopment Plan. The plan is intended to stimulate economic investment in this important corridor. One of the issues identified in Comprehensive Plan Future Land Use Element Policy C-1.6 regarding the North Federal Highway area, is the need to identify appropriate uses for the parcels located between Federal and Dixie Highways, north of N.E. 14th Street. The Redevelopment Plan calls for the creation of an overlay district in this area to accommodate certain light industrial uses as conditional uses. The attached text amendment provides the language to establish this overlay area. The commercial area along the west side of North Federal Highway presents some interesting opportunities for a mixed commercial/light industrial type zoning. The properties are situated between North Federal Highway and Dixie Highway, with the F.E.C. railroad tracks to the rear. While some of the parcels at the northenrmost end are relatively large, most of the others in the corridor are only 250-300 feet in depth. Under the present GC (General Commercial) zoning, they are most conducive to a strip commercial type development, which the City has tried to discourage. II.C. P&Z Board Memorandum Staff Report LDR Amendment: Light Industrial Overlay in the GC Zoning District Page 2 Dixie Highway in this area has a narrow right-of-way (average of 30') and is lightly traveled. It is separated from the residential neighborhoods to the west by the railroad right-of-way. It has excellent potential for use as a service road for the light industrial type uses. A market demand analysis was conducted in conjunction with the plan for the North Federal Highway corridor. The study suggests that the demand for office/industrial space will exceed that of retail. While there is a demand for approximately 150,000 square feet of retail over the next 15 years, the study shows that within that same period, 250,000 square feet of office/industrial space could be absorbed. The present zoning does not permit any industrial type uses in the corridor. The text amendment affects two sections of the LDRs. Subsection 4.5.7 is being added to refer to the North Federal Highway Overlay District. Section 4.4.9 (GC zoning district regulations) is being amended to allow, in addition to the uses currently permitted in the GC district, certain light industrial type uses such as fabrication and assembly, and wholesale and distribution. The uses would be permitted as conditional uses, and would have to be conducted entirely indoors. In order to preserve the primarily commercial nature of the area, the use has to be associated with a retail and/or service business. The intent is to have the Federal Highway frontage keep its commercial appearance, with access to industrial areas off of Dixie Highway. These changes will provide more flexibility in the development of the affected parcels with minimal impact on adjacent areas, and will help to promote the following goals of the Redevelopment Plan: . Identification of appropriate uses for parcels adjacent to Dixie Highway and the F.E.C. railroad tracks; . Providing economic stimulation and investment in the area; and . Creation of jobs. ~~\::\:::::\\::\;::::::::::::;::l::::::::]:\:::::::::::::::::::::::::::::::':~~\:::\::~::::~:,:::::;::::~:::]:.::::::~:;.:.::I:':::;::::::\::::::~.~:~:::l':'DQIIMINgll;:llmlll'::\::,::~~~:::j;:~:,:::::j\:j::,\::j\j:j::~,~:~::j\:::\:\:::::\:::::::::::::~:~:\\:\\\\\:::::::::::::]:::::::::::::::\::\:\::\:::I::::::::::::j:~:::::j:::j:::,:::,:j~~ By motion, recommend to the City Commission approval of the attached amendment to Sections 4.5 and 4.4.9 of the Land Development Regulations, allowing for specified light industrial uses in the General Commercial zoning district. Attachments: . Proposed Text Amendment s:docume\pzgcovly.doc . . PROPOSED lOR AMENDMENTS CREATING THE LIGHT INDUSTRIAL OVERLAY IN THE GC (GENERAL COMMERCIAL) DISTRICT Section 4.5 Overlay and Environmental Management Districts Add the following subsection: Section 4.5.7 The North Federal Highway Overlay District (A) Defi ned: The North Federal Highway Overlay District is hereby established as the area bounded by Dixie Highway on the west, the northern City limits on the north, North Federal Highway on the east, and N.E. 14th Street on the south. The regulations established in Section 4.4.9(D) and G(2) shall apply to all GC zoned parcels within the overlay district. Section 4.4.9 General Commercial (GC) District Amend the following subsection: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as prohibited modified in the West Atlantic Overlay District by Section 4.4.9(G)(1 )(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). (G) Supplemental District Regulations Add the following subsection: (2) North Federal Highway Overlay District: The following supplemental district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7. (a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are allowed as conditional uses: (1) Fabrication and/or assembly of manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, electronics, cabinet and furniture making. (2) The wholesaling, storage and distribution of products and materials, other than self-storage facilities. . . (b) All uses listed under subsection (a) above must: (1 ) Operate in conjunction with a permitted service or retail use that is located on the premises; (2) Maintain a commercial facade along North Federal Highway, with the light industrial aspect of the business oriented toward Dixie Highway; (3) Operate within an enclosed building, with no outside storage; (4) Orient overhead doors away from adjacent rights-of-way, except where existing, or where the approving body determines that it is not feasible to comply; and (5) Along the property line adjacent to Dixie Highway, provide a landscape buffer consisting of a 4' high hedge, and trees planted 25 feet on center to form a solid tree line. 707 Pl.",ce T i:~v.::int De I r'ay Beach, :33l+'+f.5 1',Ic.vember 1 , 199t:.> City Commission Ci ty M,::\)"..age)'" City ot- Dt~ ll- ay Beach 100 N. ~~ . Fi)'''st; Avenue DE~lr-ay Beach, Flc:q-ida a)''',d othe)-s To whom it m..:iy concern: I am w..... i t i nl;) to you tCI e;.(p)"'ess my opposition to the plans for- l"'edE.'ve 1 op i n~~ , ,i:\nd l-ezoning a portion of North F{eder'al Highway to high df=~-rjs i t'1. I have not bE-en able to find a sa t i sf ac to)''''1 e;.(p I ana t ion <':\S to how an unusf2d pi€'~c::e o'f val uab 1 E.' , pr' i me wa ter-fl-ont pr-opf~l- ty i ~;.:; inc::luded in thf? cateqory o'f l-r'E!development" , when it has never be€'-:!n d{:,v€~ loped, and \",hy such p r'opF.~I- ty s€'-:!ems to be bEd ng Sf2t-...Up 'for- what is locally known, as another " DE.veloper" ReI ief' Act". (3 r- EU'j t E! d , I',ICI\- th Feder' a 1 Hi gh\"'.:3, y looks unkE~mpt , nE'q 1 ec ted and out of step ~\)i th the )-est of the City. HCH'leVer , some of you may r- {.? ill!:' m t:i e l'" \^Jhen (.~tlantic Avenue l;~h i. c:h "shut dOIl~n" business f'or' fou)'- months; eve)'"y ye.::.-\!"" looked )'10 bet te)'- until a concentrated f!~ffor-t t."\Ii:;\S put for..th to 1 andsc':-3,pe and maintain all vacant lot~.;, c:: i tf? O\l-Jners o'f p)'''c.pert ies with man'y' code 'violati.ons and C j- eE:\ tc~! COdi,:"S to i mpj-ovE.' th,:=! .:3.ppear-ance of' Ed I pr'oper't if.'?s in th~':! City. It would seem thc\t at least a tr'i.al effo.....t, o'f a simi 1 a)''' nature to thE? (~tlantic Avenue impr'ovemE'nt plan has been put in place on l'IDrth Fede\- ~:ll Hi l.:;Jh\l-Jay. Trees have been planted and as with t'4t la'nt ic AVf.?nuF.:,' cIne hopes that the " ?Hlantic Plan" ~\j i 11 cont i nE! on North Feder"al Hiqhway ~\ji. th vacant lot beauti.fi.cati.on and o thE!r amEm i t i e~; . It ,,~,ppear's that ',::;0 me nel;~ bus i nf2SS have opened ,:;Ind thc:lt thE~ ar"ea is ~=.;tar'ting to show some economic 1 i 'fe. Over" the yeal-s, I"'esiclents of Df':dr'ay Beach havfi~ had the c,ppor tun i ty to plan for" tile futur"e clf their city. In l'::!vE'ry p I cHI, citizens havE'! stat€'~d the need to have this city keE!p Cl,n imaqe o'f the "ViIL::lqE~ by thE~ Se~:' II .. City planning sUI-veys of' citi<~E~ns t a k E'~l") OVf2r" the last 25 Yl'::!al-S haf:5 r'E!S;U 1 tE!d 11'1 stati,stic!s which indicatE! overwhelminqly that r'es i dents l;~ish to ha\/e planning which l;~ ill develop tl''',e concept of a city Wller-E! b u i 1 cI i 'nlJ ~\) i 11 be for- single f am i 1 y, home ownei'" ov~nE.d .:,:\nd occupied rf!~S i dences. Th '=~ r'e-2on i nq Pl-oposal to <::\ IlcI~1j 18 units per- acr-e!s instead of the cur-rent 12 units per aCl-e leads 1)r1e to questiDn l;~hf-:?ther this is "Spot ZClning" Dr" ,just ,B.1'1othel'" "DR{-) " to open thf:? door to develop other- par-cels c,t.. land thr'ough out the City at this i nappl"'opr" i a tf.;! and C~Ncess i \le df2ns i ty. The plan for- rE!ZOn 1 ng, and j'" f::~deVle 1 opm(ent of' NC'j- th Feder-,B.l High'Nay alSI) 1 leaves one wClnd€'~r- i ng whethel- the p lannf.?r's of this Pl'-O ,jec t have any CClnnec t i cln to OJ'- c:~ny COr1cer-ns about thE! r'eqUf.?sts ~~ ncJ Sl..l,r'veys of thf!! citizens/taxpayers of this city. Voting to increase density with the i nc:r-eased ne(:?d for- ~.;el'- v ices is a contl'''acliction to pa':'.it and c:ul"'j"'ent c i t i zen"~ I stated v~i shes. It also SE.~ems to be in contr-adic:tion with the often stated commi~:;sion policy that enb?qH- i Sf.?S must pay for' themselves. 'rh is plan dOE,'!::; not .a 11 D~\j fOl- that. We, thDse o'f us not living in the"! l"'f.'~dE've 1 opment al".ea, Ir~ i 11 be r'espon~::;ible fOj-' paying 1"0'1" SE'!V ices fClr triose who will n~?ecl the sler-v:tcE~S in thE' I'"E'c1 E!Ve 1 opment .::\reas. The fact that a 'few nE~W bus i nl'::!sses have a 1 r-eady opened on , t\ic) 1- t h Fedel-al Highl;~ay, and that ther"E~ 1S now r'esidential construction comp letec1 or' i.n progr-ess adjacent to the r nti- acoa"~ ta 1 \lJa t€~l-way , indicatE~s that th i!:; is an .:u"ea ~"Ihosfa time h ,:\ S COmf? . NOI'..th Feder-al Highway should be given t; i mf-:? to evc, 1 '.Ie with the help o'f Code Enfol'''cement as was done lI~i th (-H:lantic Avenue. Deciding no~\) Dn a l-ede\/e 1 opment and l"'(e2oni ng p 1 <:':l,n Sf?emS pl-'ematul"'e. Si ncel"'E.l y your's, ~~~ l+98-7:L y,(l CA l ~ ~l '\. \' '. . ~.i.~..'."" '. . . ~ I..i~ ~ "'-J . -, i ;' _ _ " \ , " ~; _.- ..~ - .. . . ""..... ~ '-~~'~ '. ..' ""'~' Ii ~~~d I . - I J - ~ " ,,' ''''" " ~ .',. I, ' . ; I . - I . \ ..~" - n' ~ i '1" - ~I \'. i ~ ~ . .... -/~:.. ... \ "'-J.' ,Ce:, ~ . ~O I ,\ . 'I I \ . ~~ ~~.'. ~, ~ ~~,,\~, ~ ," ,,~ ,~ l~ \ ~ ~ J '\ ~ \.J tv ~ , · " 0 , ) lJ~ ~.f~~/i . ~. ~. ~\~ .' · ~.) 4 -1 ~ ~ J' ~ \'\ ~ ~ DELRAY SHORES NEIGHBORHOOD ASSOCIATION POST OFFICE BOX 7T~2 DELRI~Y BEACH!, FLORIDA 33482-7732 November- 3, 1996 The Honor-able Jay Alper-in City Mayor- C:i ty of Delr-ay Be,::,ch 100 N. W. 1st Avenue Delr-ay Beach, Fl 3344.LJ. Dear- Honor-able Alper-in: The Delr-ay Shor-es Neighbor-hood Associat.ion (DSNA) wishes t.o go on City Recor-ds opposing the pr-oposal t.o change the Densit.y L.aw t.o High Density. Our- ALL AMERICAN CITY should cont.inue to focus i t ~:; effor-ts on quality (homeowner-ship) and not quantit.y (r-ental and tl'''ansi t) housing" F{,~CT : Our- city i s undf~r"st.affed wit.h Police Patr-ol. OUF' Patlrol s ar"e a!:::.!si <,;In to both Delr-ay Shor-es and the beaches;. Homeo~\In eF' s co, F' f':~ r-f.~l ocat i ng because cr-ime has i ncr-E,ased and pr-opelrt..y' val UE'S declined" F (K~T: ThE' COdE' Enf or-c(~ment DepE\r-tment i ~5 under- ~::.t:, a f f ed . It has taken thl'? city t Wc)'-'yec'\t- s to enfor-ce pr-oper-ty maintenance contr-ol behind the old-Winn/Dixie facility" The c:\nimal c:ontr-ol i n hi bit. E,~d event hough r-abies was epidemic in Palm Beach County. FPICT: Our- city does not have suf'ficient Emer-gency Hur-r-icane Shelter-s for- its c:ur-r-ent populi2\tion" At: 1 i::tnt: i c: Hiqh School (Bancl F\oom and f~uditor-ium) i ~.; the only shelter- meeting t.he f~mel'''iccm Rf.:?d Cr-oss guidelines. Our- ancest.or-s est.ablished the Densit)/ LE\~\j m<3.ny Yf?ar-s aqo for- tl-d. s I:~L,L, AMERICAN CITY (The Villaqe by the Sea) ,fell'" J :i, 'fest.yl e qualit.y not qUE\nt :i. t ''/. DSNA is r"E'quest. i nq ')lou to follo\o'J thFi,l~ gui dE-!l i nE'~:; and keE'!p the Low Densi t,y Law, and we will cont'.i nUE' to enhc:\nce s,',l.fe ar'ld SE'C: ur- e ~=,an it. a I'" 'I" homes t.o plre~:;er-\/E' our- tlE'aut.i ful communit.y.. fi' (....... 1'.'::\'- - . 3 ,:;)1 r .., t-..f t" ,v 'I , , ,I~~ ber-r-l Hudson, Chalr-per-son DI:=:L.F:;:A Y f;HOI=<ES NEIGHBORHOOD ASSOCIATION CCr. (~ 11 City Commi ss:,i ()nel'-S HOMEOWNERS ASSOCIATION, INC. 385 SW. 27TH TERRACE DELRAY BEACH, FLORIDA 33445 407-243-3763. FAX 407-243-3951 November 5, 1996 Mayer Jay Alperin 100 N,W, 1"1 Avenue Delray Beach, FL 33444 Reference: City of Delray Beach Comprehensive Plan Dear Mayor Alperin: With regard to redevelopment plans for the North Federal Highway Area of Del ray Beach, the purpose of this letter is to express the sincere concerns of the members of the Woodlake Homeowners Association, which is a sub-division, located at West Atlantic Avenue and Homewood Blvd, in proximity of the Delray Beach Municipal Golf Course, While we strongly support the redevelopment plans of the North Federal Highway area of the city, we oppose the proposed increase in density from twelve units to eighteen units per acre, Homeowners and residents of the Delray Beach Community have chosen the area because of it' s "small town" character "and "Village-By- The-Sea" atmosphere, To increase the present density restriction in the North Federal Highway area would surely set a precedent for other developers to request higher density approvals for other properties and land parcels within the city. If such a trend were to occur, the city would lose the image it is so well known for. We respectively urge the City Planners and the Planning and Zoning Board to allow the density requirement to remain at twelve units per acre, Sincerely, &i 1J~ William H, Decker, President Woodlake Homeowners Association, Inc, cc: City Liaison Committee Richard Eckerle, Chairman . W Lake Ida Vrwcrtr ~B ~'l P.o. Box 2758 Delray Beach, FL 33447 November 5, 1996 Delray Beach City Commission 100 NW 1 St. Ave. Delray Beach, FL, 33444 Dear Commissioners: The Lake Ida Property Owners Association feels strongly that the issue regarding the proposed density change should be an issue resolved by the voting residents of the city of Delray Beach, GMA/te . . THE PINE) a DEl.Rf:\Y ~__ ASSOCliJ!ltln Inc November 4, 1996 ri frJ ~ ~~ Mrs. Feldman 2500 Juniper Drive, Apt. 202 Delray Beach, Florida 33445 Mrs. Feldman: You asked the Board's opinion and thoughts pertaining to Proposed High Density zoning and North Federal Highway Plan. While this project is several miles from our area, our policy has been, the less rental apartments available the better off we will all be. In our complex we are in the process of pursuing the latter course of action. When people own their home or apartment there is a tendency on their part to become more involved in everything relating to what happens in the area they live ---- as well as what happens through-out the city. The Pines of Delray East --- a condominium encompassing 684 units (2 voters to each unit) is unadulteratedly opposed to further rental property being made available in our lovely "Village by-the-Sea" --- for all the aforementioned reasons. Sincere~ ~ Conley Vice President cc: Sheldon Wiesner, Pres. , The Pines of Delray 245 I Black Olive Boulevard. Delray Beach, Florida 33445 . 407/276-3539 . Fax 407/278-4664 . . rJ} ~~ duo. PUrei 01 :nebuu, Ncvdh 1Id4Dc. !Jnc. 1431 N~ 18thlJ~e.B. 100 O. :nebuu, Beudt, q.~ 33445 CDrN: Pkme (407) :1.78- 1:21 :2 November 6, 1996 City of Delray Beach 100 Nw 1st Avenue Delray Beach, FL 33444 Dear Dr A1perin, Our community of 700 families, The Pines of Delray North, 1S opposed to the North Federal Highway redevelopment plan. We do not believe this plan, as conceived at this time, is beneficial to our City. The zoning of 18 units per acre, as proposed, are not in the best interests of the communities that now exist in the area. High density zoning creates congestion and loss of neighborhood atmosphere. The Community Redevelopment Agency would like this plan approved immediately. We believe this plan is ill advised, and should be returned to the Planning and Zoning Board for further review. Yours truly, .. ~r~~/~ a Flom, President FOR THE PINES OF DELRAY NORTH ASSOCIATION, INC. , ~ r . , < Memo to: Delray Beach City Commission Re: Yake Property & North Federal Highway Rezoning Dear Commissioners: In my opinion there are four very relevant points that should, without question, lead you to stop all matters at this time regarding the redevelopment of the North Federal Highway area. 1. The financial proposal brought to you by the CRA is seriously flawed in one major respect. It completely avoids the possibility that the key development as indicated by the CRA could be appraised at a lower cost in the future "If' the project can not meet its financial targets. The scenario is simple: A. Rentals do not bring in the revenues generated. I am not a real estate agent; however, this project is in "unchartered territory" based on a price I location I sq. footage I amenity package. B. If the rentals fail to meet the expected price I occupancy target. It would be expected that the owner will ask the property appraiser to lower the property appraisal. This would then directly effect the CRA funding stream which would then: C. Reduce the ability of the CRA to complete the projects in the North Federal Highway area. 2. Alternatives exist that would make the property more valuable with less density and in addition provide a more up scaled permanent residential buyer,Two examples are below: 17 acres x 12 townhouse units (1600 - 1800 sq, ft,) to the acre = 204 units retailing @ $140,000 per unit yields an apprised value of $28,560,000. H acres x 9 luxury townhouse units (1800 - 2300 sq. ft. ) to the acre = 153 units retailing @ $200,000 per unit yields an appraised value of $30,600,000. There is an additional adjacent 5 acres that could increase the valuation another $8.4 - $9.0 million dollars. OR you could reduce the density of the proposed project down to 15 units to the acre...OR...increase the heights of the buildings, creating more open space. I participated in the comprehensive planning process as a planning & zoning board member and a city commissioner. The citizenship at that time did not want densities outside of the immediate downtown area to exceed 12 units to the acre PERIOD. In addition to the density limits, the citizens rejected rental over home ownership. Also. the enhanced improvements required as a trade off for higher density are so lose, you could drive a truck through them on your way to building a very marginal project. REMEMBER, once you let the zoning increase, you will not have control over property transfers which could lead to a horrible project. There is a strong feeling throughout the resident community that this project is on a "greased rail" for approval. Whether that is true or not, I think I am experience enough to smell a "Bill Finley" mode of operation here. This plan looks like a duck, it walks like a duck and it's molting feathers all over our citizens, Please postpone this process now in all aspects and address the concerns that have arisen since this plan was first conceived. Sincerely, ~~~~ William F. Anarews Property owner at 801 Palm Trail #7. City , MEMORANDUM '10: MAYOR.AND CITY cx:MofiSSIONERS FRCM: CITY MANAGER C~ SUBJECT : AGENDA ITEM i J 0 13 - REGULAR MEETING OF rovEMBER 5, 1996 SECOND READING & PUBLIC HEARING FOR ORDINANCE 00. 46-96 (AMENDMENTS 'ID OFF-STREET PARKING REGUlATIONS) DATE : rovEMBER 1, 1996 '!his is a continuation of the public hearing for Ordinance No. 46-96 which amends LDR Section 4.6.9, "0ff-Street Parking Regulations II , by making changes to various sections of the code. At second reading on October 15th, the Commission postponed action so that changes pertaining to striping details and guest parking space requirements could be incorporated and the ordinance renoticed in its modified form. The changes include the provision of parking space details and parking lot layout diagrams which incorporate double striping versus single stripes. With respect to guest parking, a reduction will be allowed for developnents over 20 units when the pavement saved by the reduction is provided in open space over and above the minimum required for the zoning district (page 3 of the ordinance). It is recommended the Commission approve the language reducing the guest parking and not require provision of additional open space. Reconunend approval of Ordinance No. 46-96, as modified, on second and final reading. ~C1aJ~ Cf- rm~ 5-0 ref: agmemo11 . __fl TO: THRU: FROM: SUBJECT: MEETING OF NOVEMBER 5, 1996 SECOND READING ON AN AMENDMENT TO lDR SECTION 4.6.9 (OFF-STREET PARKING) ADDING PARKING lOT DIMENSIONS DETAilS, STRIPING DETAilS, AMENDING THE GUEST PARKING REQUIREMENTS AND OTHER MINOR MODIFICATIONS TO RELATED SECTIONS. t:::::::::::::i:i::::::::I:t::~::~::::::::~::~:::;:::::::::::::::::::;::::::::~:::::~:III1III':::I;IY:llm;lt:~:II.:~III:::~IIIIIIIIR:::::::::::::::~::~:~::::::t::~;:~::::::::;:::::::;:;:~::~:~:::::~~::~:::::;::;:::::;::;:::~ The action requested of the City Commission is approval of an amendment to Section 4.6.9 (Off-Street Parking Regulations) of the Land Development Regulations adding parking lot dimension details, striping details, reducing the guest parking requirements, amending compact car marking details and other minor modifications to related sections. I::::i::::::::!:!:::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::::::~:::::::::::::::::::~:::::::::::::::::::~::::::::::::::~~::::~::::::::::::::::::;::::::;::;::tlll:IIIIIII:~:::~:::::::::~::::::::::::::::::::t:::::::::::::::::::::::;~:::::::::::::::::i::::::;:::i;:::::::::::::;::::::::::::::::::::~:::::::::::::::::::::I::::::::::::::.:::~:::::::' The City Commission considered this amendment on first reading at the October 1, 1996 meeting. The amendment included minor punctuation and format changes, the addition of illustrations of parking lot and parking space striping details, and changes to the compact car signage requirements. In addition to the above, changes to both the type of parking lot striping and number of required guest parking spaces were proposed. The City Commission endorsed the majority of the changes yet had concerns relating to changes from double to single parking space striping and the proposed reduction in guest parking requirements. At the second reading on October 15th, the City Commission postponed action on the amendment so that those issues could be addressed. The LDR amendment has been modified to accommodate the City Commissions direction. These changes include the provision of parking space details and parking lot layout diagrams which incorporate double striping versus single stripes. The changes also allow a reduction in guest spaces for developments over 20 units. Addition language has been added which would require the pavement saved by the reduction to be provided in open space over and above the minimum required for the zoning district ( page 3). Staff supports the reduction in the guest spaces but has concerns with the requirement to provide the square footage saved by the reduction in additional open space. This requirement may lead to confusion in the preparation and analysis of site development plans. It is recommended the Commission approve the language reducing the guest parking and not require provision of additional open space. 1:__::':::'/::::::::':,::I.ill~I@Jllm::illo-ll:i'III'IR:::III;~RIBlmlll::::::::::::::::::::::::::':::::'::::,:'::,::i:::::::'::iH:;,'1 The Planning and Zoning Board has not reviewed the proposed changes made between first and second reading. However, when the Board reviewed the amendment prior to first reading the Board endorsed double striping versus single striping on a 4-1 vote (Alberta McCarthy dissenting). I :,:,::,,;;',,,::,,:,': ';""..,:""",,:,; " " ,'uu, ':'>::,::::8I.!GO.fJlEN DI;Q:' ~.mrIQIS'-'- :::,: \;";:,::;';:{'::i':'=:::it;:,:::::;,::;:,:::' :\",,:,::;,:::::::::,:,:>:::':::":-::' ", "::.-:: I By motion, approve the changes to LDR Section 4.6.9. without the requirement to provide additional open space with the reduction of guest parking spaces. Attachments: . Proposed LDR Amendment I ORDINANCE NO. 46-96 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY I I AMENDIOO SECTION 4.6.9, II OFF-STREET i BEACH, FLORIDA, I 1 PARKING REGUlATIONS ", OF THE LAND DEVELOPMENr REGUlATIONS I OF THE CITY OF DELRAY BEACH, BY ADDING PARKING IJ:Jr i DIMENSION DETAILS , STRIPING DETAILS , AMENDIOO GUEST ; PARKING REQUIREMENrS, AND orHER MINOR M::>DIFICATIONS ro I RELATED SECTIONS j PROVIDIOO A GENERAL REPEALER CLAUSE, A SAVIOO CLAUSE, AND AN EFFECTIVE DATE. r I i WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning I , Board reviewed the subject matter at its meeting of September 16, 1996, and , voted 4 to 1 to forward the change with a recOllUnendation of approval j and I WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning I, and Zoning Board, sitting as the Local Planning Agency, has determined that I' the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. I N:M, THEREFORE, BE IT ORDAINED BY THE CITY CCMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLIlMS: L Section 1. That Chapter Four, II Zoning Regulations ", Article 4.6, I, II SUpplemental District Regulations II , Section 4.6.9, II Off-Street Parking I Regulations ", of the Land Developnent Regulations of the City of Delray ! Beach, Florida, be, and the same is hereby amended as more particularly i described in Exhibit "A" attached hereto and made a part hereof. I I Section 2. That all ordinances or parts of ordinances in conflict I herewi th be, and the same are hereby repealed. I I 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 AOOPTED in regular session on second and final reading on this the 5th day of November , 199 . t A(JST: Ii, 110 I it ~ffJ/'t!J2t'-: " jJ r * ! C~ty Clerk First Reading October 1, 1996 Second Reading October 15, 1996 (continued to ll/5/96) Passed and adopted on November 5, 1996 EXHIBIT "A" Section 4.6.9 Off-street Parking Regulations: (A) Purpose and Intent: The purpose of this Section is to ensure that adequate off-street parking is provided to meet the needs of users of structures and usage of land. All parking areas shall be designed and situated so as to ensure their usefulness, to protect the public safety, and where appropriate, to mitigate potential adverse impacts on adjacent uses. It is the responsibility of the developer of property to provide and maintain adequate off-street parking. (173.770) (B) Applicability: (1) Off-street parking facilities shall be provided in the following situations: (a) For any new building constructed; (b) For any new category of use established including a new conditional use; (c) For any addition or enlargement of an existing building or use; (d) For any change in the occupancy of an existing building or the manner in which a use is conducted that would result in additional parking spaces being required. (2) For items (c) and (d) from above, the additional parking spaces shall be required only for such addition, enlargement, or change and not for the entire building or use, unless required as a condition of approval associated with the approval of the addition, enlargement, or change. (3) When existing parking is diminished by an addition or enlargement and such parking had been previously required, or would be required if the use were established at this point in time, such parking spaces must be replaced and be in addition to those spaces required for the addition or enlargement. (4) The requirements of this Section shall apply for temporary uses as well as permanent uses. (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. 1 (1) General Provisions: The following apply in the application of this Subsection: (a) Fractions: If the total number of parking spaces required results in a fraction, it shall be rounded up to the next highest figure. (b) Handicapped Spaces: Special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Handic:::lp Statutes. Such spaces shall not be in addition to, but shall substitute for, required parking. (c) Bicycle Parking: Bicycle parking facilities shall be provided in a designated area and by a fixed or stationary bike rack for the following uses: ill In shopping centers at the rate of five (5) spaces per 100,000 sq.ft. of gross floor area; .(2} At fast food restaurants, government offices and community centers, and commercial and private recreation facilities at the rate of five (5) spaces per facility. Ql Any non-residential use within the City's TCEA which through the development review process. is determined to generate a demand. (d) Uses not Listed: Any use, or use category, which is not specifically listed herein shall have its parking requirement established at the time of approval of the site and development. action associated with the new use or structure. (e) Design Requirements Apply. Exceptions: The Desig n Requirements for parking lots as provided for in Section 4.6.9(D) shall apply to all parking spaces which are required in this subsection, except for specific provisions to the contrary which are contained herein. (f) Requirements are cumulative: In situations where a combination of uses are developed on a site, parking requirements shall be determined for each of the uses 2 according to the parking requirements set forth herein. An exception to this rule may be made, pursuant to Subsection (C)(8), Multiple Uses. {W RoEluGtioA ^"Q'''JoEl: 'Af.hen, upon receipt and acceptance of spacial documontation, it is conclusively demonstrated that the number of parking spaces ret:1uired for a specific use is appropriate of its application to 3 spocific site, the body which acts on the attendant site ~Ian may reduce the parking requirements accordingly. MOVED TO SECTION (F)(1 ) (91 Compact Car Parking: Up to 30% of the required parking for any use may be designated for compact cars. Such approval may be granted concurrent with approval of the site and development plan. Spaces which are provided in excess of the number required may also be designated and designed as "compact car parking". (2) Requirements for Residential Uses: (a) Single Family Detached Residences -- two per dwelling unit. Tandem parking may be used provided that in the Single Family (R-1 District) or RL District, no required parking space may be located in a required front or street side setback. (b) Duplexes -- two spaces per dwelling unit. Tandem parking may be used provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Further, curb cuts or direct access from parking areas onto a street shall not exceed 24' in width. (c) Multiple Family Structures: \ "- * efficiency dwelling unit 1.0 space/unit -- * one bedroom dwelling unit - 1.5 spaces/unit * two or more bedroom d.u. - 2.0 spaces/unit * Guest parking @ .5 spaces per dv.'alling unit shall be provided cumulatively as follows: - for the first 20 units - .5 spaces per unit - for units 21-50 - .3 spaces per unit - for units 51 and above - .2 spaces per unit 3 (e) Shopping Centers: Spaces required based upon size of center per gross leasable floor area, irrespective of uses the initial 6,000 sq.ft. * 25,000 to 400,000 sq.ft. provides 4/1,000 * 400,000 to 600,000 sq.ft. provides 4.5/1,000 1< greater than 600,000 sq.ft. provides 5/1,000 (f) Vehicle Sales and Rental: Including auto sales, auto rental agencies, recreational vehicle sales and rental, and truck sales and rental, shall provide 4 spaces per 1,000 sq.ft. of total building(s) area, except indoor display areas. Required parking spaces shall be designated for employee, customer, and/or service use at the standard of, at least, 1.5 spaces per service bay and 2 spaces per 1,000 sq.ft. of floor area (less indoor display area). Any remaining spaces may be used for display purposes. (4) Requirements for Office Uses: (a) Business and Professional Offices: Except governmental and medical offices, shall provide: * 4 spaces per 1,000 sq.ft. of gross floor area in buildings up to 3,000 sq.ft. * 3.5 spaces per 1,000 sq.ft. of gross floor area in buildings greater than 3,000 sq.ft. (b) Governmental Offices: Including public health and rehabilitative services, shall provide 5 spaces per 1,000 sq.ft. of gross floor area. (c) Medical and Dental Offices: Including clinics and mental health treatment facilities, shall provide 5 spaces per 1,000 sq.ft. of gross floor area. (5) Requirements for Industrial Uses: (a) General: General Industrial Uses (manufacturing, assembly, attendant offices) shall provide parking at the rate of 3 spaces per 1,000 sq.ft. of floor area devoted to such uses. In addition, 1 space shall be provided for each 1,000 sq.ft. of floor area devoted to storage and warehouse use. (b) Vehicle Paint. Body. and Repair Shops: Shall provide 4.5 spaces per 1,000 sq.ft. of gross floor area. 5 (c) Vehicle Wrecking and Salvage Yards: Shall provide 1 space per 10,000 sq.ft. of lot area. (6) Requirements for Recreational and Community Facilities Either Public or Private (a) Auditoriums. meeting places: Assembly halls, conference and meeting rooms, theaters, stadiums, civic centers, community theaters, cultural facilities, arts and crafts centers, and similar uses shall provide .3 of a parking space for each seat or 1 space for each 50 sq.ft. of total floor area, whichever is greater. (b) Bowling Establishments: Shall provide 4 parking spaces per lane. (c) Churches: Shall provide one space for every three seats provided in the sanctuary. Additional parking is not required for other uses on the church property e.g. Sunday School, Day Care, Preschool, etc. when such uses are operated as a part of, under the auspices of, the Church. (d) Clubs and Lodges: Shall provide 1 space for every four seats or 1 for every 50 sq.ft. of total floor area, whichever is greater. (e) Educational Facilities: Public or private, shall provide the following: * Nursery & Kindergarten 1/300 sq.ft. of total floor area * Elementary & Middle 2 per classroom plus 50% of the requirement of an auditorium or stadium * High School, Vocational Schools, Colleges, and Trade Schools shall provide 1 space for every 5 students which can be accommodated at maximum capacity (f) Fire Stations: Shall provide 1 space for each employee on the shift with greatest employment. 6 (g) Golf Courses: A full golf course shall provide 7 parking spaces per hole; an executive golf course shall provide 4 parking spaces per hole. (h) Miniature Golf Courses: Shall provide 1.5 parking spaces per hole. (i) Hospitals: Shall provide 1.5 spaces per bed, plus 1/100 sq.ft. of floor 'area in rooms for outpatient, emergency, and other special service areas open to the public. 0> Libraries: Shall provide 4/1,000 sq.ft. of total floor area. (k) Museums: Shall provide 5/1,000 sq.ft. of floor area which is open to the public. (I) Police Stations, Public Works Complexes: Shall provide 4/1,000 sq.ft. of total floor area. This requirement shall encompass all uses on the premises. (m) Post Offices: Shall provide 5/1,000 sq.ft. of total floor area in addition to a parking area for employees. (n) Swim Clubs: Shall provide 1/30 sq.ft. of total water surface. (0) Tennis Clubs: Shall provide 4 spaces per court. (p) Community Facilities within Planned Residential Developments: Shall provide parking sufficient 1Q accommodate guest, service and local needs recognizing that residents have other readily ::lCcessible means of access. The parking shall be pursuant to an approved site plan. (q) Parks: Shall have the parking needs assessed and determined by the Director of Development Services. (r) Yacht Clubs: One space per 1,000 sq.ft. of floor area and outdoor seating/eating area plus ona sp::lCe for one half the numbor of bo::lt slips .5 spaces for each boat slip. (7) Other Uses: (a) Abused Spouse Residence: One space per sleeping room plus one space for each shift employee. 7 (b) A.C.L.F's. Alcoholic and Drug Abuse Treatment Facilities. and Nursing Homes: Shall provide one space for each four beds. (c) Continuing Care: Facilities shall provide 1.5 spaces per unit. (d) Bed and Breakfast Inns: shall provide one per guest room and one for the manager/owner. (e) Hotels and Motels: Shall provide .7 of a space for each guest room plus 10 spaces per 1,000 sq.ft. of floor area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. (f) Broadcast Facilities and Communication Facilities: Shall provide 4/1,000 sq.ft. of total floor area. (g) Bus Station" Taxi Stations. and Train Stations: Shall provide 3/1,000 sq.ft. of total floor area (including storage areas). (h) Child Care and Adult Day Care: Shall provide 1/300 sq.ft. of total floor area. (i) Courts. Courthouses and Related Facilities: Shall provide 1/150 sq.ft.(net) of courtroom space plus 1/250 sq.ft. (gross) of non-courtroom area, excluding walls, elevators, stairwells, and mechanical equipment areas. 0) Funeral Homes: Shall provide 4/1,000 sq.ft. of total floor area plus .3/each seat in the chapel, if any. (k) Marinas: Shall provide 5/1,000 sq.ft. of total floor area of any building devoted to marina use plus 1/slip. (8) Multiple Uses: (a) Shopping Centers: As an alternative to using the standard shopping center standard, parking facilities may be jointly used for activities with significantly different peak hours of operation. A 15% reduction of the total cumulative number of required parking spaces may be granted pursuant to the following: 8 ill A combination of two or more of the following uses are involved, in a shopping center of greater than 25,000 sq.ft.: General Retail Offices Restaurants Residential Dwelling Units 12) The predominant use does not exceed 75% of the total floor area for all uses; ill The parking requirements are calculated separately for each use without using the standards established for shopping centers; Ml The relief granted shall not result in less than 3.3 spaces per 1,000 sq.ft. of nonresidential floor area plus the number of residential spaces which would otherwise be required; .@l The relief may be granted concurrent with site and development plan approval. (b) Differing Hours of Operation: When uses within a structure or a development have separate hours of operation (e.g. 9 a.m. to 5 p.m. and 6 p.m. to 10 p.m.) administrative relief may be granted to allow double counting of parking spaces. (c) Subordinate Uses: When parking spaces are provided based upon an intensive use of a site (e.g. church services) and, at different times, other uses are on the site (e.g. day care) administrative relief may be granted to the effect of not requiring parking for the subordinate uses. (D) Design Standards: All parking spaces which are created in order to fulfill requirements of this Section (Le. required parking spaces) shall conform to the design standards of this subsection. (1 ) General Design Concepts: The following concepts shall be applied in the layout and design of parking lots: (a) Parking spaces should be located and arranged in such a manner as to facilitate pedestrian access to the uses they 9 are intended to serve. In general, parking spaces should be distributed proportionately to needs. (b) Employee parking should be located in the area least desirable for customer or short-term parking. (c) Compact car parking, where allowed, should be integrated throughout a parking lot in such a manner that compact and standard cars have equal access to desirable parking spaces. (d) Handicapped spaces are to be provided in accordance with the Florida Accessibility Code for Building Construction and shall be located as close as is practical to the entrances of the buildings they are intended to serve. To the greatest extent possible, they shall be oriented so that a user does not have to go past the rear of other parking spaces or cross an aisle in order to reach the building's main entrance. (2) Provisions for ingress and egress: Each required parking space shall be accessible at all time~. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except in the following situations. (a) When the land use is a single family detached dwelling, a townhouse (fee simple ownership), or a duplex; (b) When the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' RaE; 3 minimum depth of twenty five feat (25') and a minimum width of ten feet (10') and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley; (c) When the street is a private street within a planned development and the street, at the location of the parking, has less than 200 ADT. (3) Point of Access to the Street System: (a) Maximum width: The point of access to a street or alley shall be a maximum of twenty-four feet (24') unless a greater width is specifically approved as a part of site and 10 development plan approval. However, in no event shall such point of access be greater than thirty-six feet (36'). (b) Minimum Width: The point of access to a street or alley shall not be less than: * 24' for a normal two-way private street or parking lot driveway aisle. * 20' for a private driveway which has less than 200 ADT. * 12' for a one-way driveway or parking lot aisle. (c) Stacking Distance: The minimum provisions for stacking dist:mce shall be as follows: Provisions must be made for stacking and transition of incoming traffic from a public street. such that traffic may not backup into the public street system. ill The minimum distance between a right-of-way and the first parking space or aisleway in a parking lot shall be as outlined in the following table: [Amd. Ord. 22-92 6/16/92] Number Access Street Minimum of Spaces Classification Stacking Distance 20 or fewer Local 5 feet 21 - 50 Local 20 feet 50 or fewer Non-Local 20 feet 51 or more All Streets 50 feet Greater stacking distance may be required as a condition of sito pl3n approval in all cases. ill Provisions must be made to provide for 100' of clear stacking from the first point of transaction for each lane of a drive-thru facility and in advance of all guardhouses or security gates. .Q1 Provisions must be made for stacking and transition of incoming traffic from a public stroot, such that traffic may not backup into the public street system. Greater stacking distance may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a shalllle determined as a part of the traffic study... ':Jhich 'Nould be required for such a project. [Amd. Ord. 22-92 6/16/92] 11 (4) Maneuvering Area. Aisle Width, Space Width: (a) The standard parking space is nin~ ~ (9') in width and eighteen foot ~ (18') in length in a perpendicular or parallel configuration. Parallel parking spaces shall be nine feet (9') in width and twenty two feet (22') in length. Ho.....e.Jer, an additional two feet shall be provided at the head of each parallel parking space for maneuvering purposes. Parking space dimensions for other types of spaces are: * Compact Car Spaces @ 8' x 16' * Handicapped Spaces @ 12' x 18' * Diagonal Spaces per Subsection (4)(e) (b) Wheel Stops shall be provided for all parking, other than parallel, in the form of concrete or asphalt wheel stops or a continuous concrete curb which is located so that there is two feet (2') of clear distance from the front edge of the device to the front of the parking space. Treated wood, stones, or similar landscape features may be allowed upon approval through the asite Pplan Rreview process. The requirement for wheel stops may be waived through the Site Plan Review process when the parking spaces are on stabilized sod. (c) Dead-end Parking Bays are discouraged, but when site conditions dictate that there be dead-end parking bays, they shall be designed so that there is a 24' wide by 6' deep maneuvering area at the end of the bay. This maneuvering area shall not encroach upon required perimeter or parking area separation landscape areas. (d) The standard aisle width is twenty-four feet for normal traffic flow with perpendicular parking. The maximum aisle width is twenty-six feet (26'). Exceptions may be made at the time of site plan approval in order to accommodate pickup or drop-off areas. The width of aisles associated with diagonal parking is per Subsection (4)(e) , Two-way traffic flow must be used when perpendicular parking spaces are used. The minimum aisle width for two way traffic flow is twenty feet (20') but this dimension can only be used for short distances where there are no parking spaces entering therein. (e) Alternative Parking Lot Designs: Parking lot designs which incorporate one way aisles, two way aisles, and diagonal parking may be used in lieu of the standard (perpendicular, two way aisle) parking lot design. Diagrams depicting these designs are provided below. shall be promulgated by tho Director. 12 90. PARKING 60. AND 45. PARKING S:2;: ~O '"J <(...J ~u... UI ~0.6' ! D 1 A 1 D I I D ! A 1 D I w W STANDARD 60. 45. A AISLE 24.0' A AISLE * 17.0' 15.0' S STALL WIDTH 9.0'. C STALL LENGTH 10.5' 12.5' D STALL DEPTH 18.0' S STALL WIDTH 9.0' 9.0' W MODULE WIDTH 60.0' D STALL DEPTH 20.0' 19.0' W MODULE WIDTH 57.0' 5.3.0' * COMPACT CAR SPACES -8.0' C 14.0' 17.0' HANDICAP SPACES -12.0' HANDICAP SPACES D 21.5' 21.0' PARALLEL S 12.0' 12.0' * FOR TWO WAY FlOW A=24.0' I I EJ ! C J NOTE: REFER TO DETAIL RT 4.2 FOR STRIPING INFORMA nON C STALL LENGTH 22.0' S STALL WIDTH 8.0' J PARKING LOTS I RT 4.~ I 13 (5) Landscaping Requirements: All parking lots shall be landscaped in accordance with the provisions of Section 4.6.16. (6) Marking and Signing: (a) With the exception of stabilized sod parking, all parking stalls shall be clearly outlined on the surface of the parking facility: parallel parking stalls shall use a single line; all other parking stalls shall be striped in accordance with the Minimum Construction Standards and Specifications document developed by the City Engineer and use double striping. Striping and dimensions shall bo 3S set forth in subsection di':ision (6)(.e) below. (b) Handicapped spaces shall be striped and marked in accordance with the Florida Accessibility Code for Building Construction and the Minimum Construction Standards and Specifications document developed by the City Engineer as shown in subsection division (6)(.e) below. In addition, each handicapped space will have a sign at the head of the stall reserving it for handicapped parking only. (c) For parking facilities containing 21 or more parking spaces, all aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines as approved by the City Engineer. The City Engineer may require additional signage to insure the smooth and safe flow of traffic. (d) All signs and markings shall comply with the design criteria as set forth in the M.U.T.C.D. (Manual of Uniform Traffic Control Devices), except that the City Engineer, or his designee, may waive such compliance on case-by-case basis. Any decision by the City Engineer or his designee may be appealed pursuant to Section 2.4.7 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida. [Amd. Ord. 19-91 4/9/91] 14 ~ (e) Parking Space Striping Details: " COMPACT CAR PARKING SIGN CHANDICAP SIGN (FTP-25) ~l.E [SEE L.D.R. SECTION 4.6.9(0)(7)] ~l. --------l-----------------~-----------------------r-----------SIDE:VVA~K~ I I I I %~% I I I PRECAST I CIl I 4" BLUE ' ~~ VVHEEL STOP. I w I CL I STRIPE ~ L- / 5' RAMP. b I / I , CIl / , to W b 0~ .... ..... I ~~ Co ./ . >- .... I / // . ..... v_ I I I I I I I I I , I I I I 8'-0" I .. I g'-O" 12' -0" COMPACT I STANDARD I I I SPACE I SPACE I I I I I 1'11' 1': 2' 6'-0" 7'-0" 3' -0" 8'-0" 4' -0" 2'-0" 2'-0" PARKING STALL DIMENSIONS: STANDARD S'x 18' COMPACT 8'x 16' HANDICAP 12'x 18' PLUS 5' RAMP AREA I TYPICAL PARKING I RT 4.21 SPACES 15 , I (7) Compact Car Parking Areas, where Permitted, shall be Clearly Marked with Markings Signs as Follows: [See Subsection ~ (1 )(g) as to approval for use of Compact Car Spaces] (a) Parking tiers shall have one sign for every third stall, plus 0 sign at each end stall, indicating that the stalls are reserved for compact C~lr parking. The sign sholl be a minimum of 12 inches by 1 a inches and shall be placod at the front of the parking st3l1s. Signs shall bo printed os follows: COMPACT P!\RKING ONLY (b) In addition to the abovo reqlJirement, parking b3Ys resorved exclusi':ely for compact cor parking shall h3ve a sign located at the right side of each bay entr3nce indicating the type of parking for which the bay is reserved. The signs sh311 meet the S3me criteria 3S is specified 3bo':e and shall be p3inted in the same manner minus the 3rrow. (a) All compact spaces shall have "compact car only" painted on the required wheel stops. (61 (b) Alternate signage for compact car parking may be approved by the Chief Building Official when comparable to the standards set forth above. (8) Parking surfaces and drainage: (a) All parking lots and parking spaces, including car storage and display areas, shall be improved either with a paved surface meeting Engineering Department standards, or with a hard surface material (such as brick or turf block on a base course laid in accordance with approved manufacturer's recommendations), or with some other type of surface material acceptable to the City Engineer. Parking lots and parking spaces on historic sites or within historic districts may be improved with a surface material other than pavement, where there are 12 or less parking spaces, subject to approval by the Historic Preservation Board. (b) A surface of sod over stabilized base shall be acceptable for the one half p3rking space required fe.F guest parking in multiple-family projects, as well as for parking used on a 16 once-a-week or occasional basis. Parking lots and spaces proposed to be constructed of stabilized sod may be allowed through the Site Plan Approval process. (c) In paved parking lots, that portion of the parking space extending beyond the car stop may be sodded. When this option is selected, a continuous curb at least six inches in height may be substituted for the wheel stops. (d) Handicapped parking spaces shall be paved and properly marked. A paved route shall be provided between the handicapped parking space and the building entrance. Where an abrupt grade change occurs, as between the surface of the parking area and a curb cut, a ramp shall be provided for handicap access. The ramp or curb cut with ramp shall be designed in accordance with the Florida Accessibility . Code for Building Construction. ^ . . .moncan National Stand::uds Institute speoifications, or appropriate substitute. (e) The City Engineer shall approve the drainage and grading plans for parking spaces and parking lots. He shall also conduct inspections during and after construction of the parking area and its drainage system to insure that it is constructed in accordance with the approved paving and drainage construction plans. (9) Lighting: Lighting of parking lots shall be pursuant to Section 4.6.8(B). (10) Operations and Maintenance: (a) All required parking facilities shall be maintained for the duration of the use requiring such facilities. Such facilities shall be used exclusively for the parking of vehicles. With the exception of vehicle rental or sales, parking facilities shall not be used for the storage or sale of merchandise, nor shall they be used for the storage or repair of vehicles or equipment. Parking facilities may be used for the sale of merchandise on a temporary basis for special events when approved in accordance with the provisions of Subsection (F)(2). (b) It shall be the responsibility of the owner or operator of a specific use to ensure that the parking facilities are kept in 17 good operating condition and that the parking facilities are periodically swept and cleaned. All parking lots and spaces shall be maintained so as not to create a hazard, eyesore, or nuisance. This includes, but is not limited to, removing glass and litter; pruning, nourishing, and watering vegetation; resurfacing and restriping surface markings; reanchoring or replacing loose and broken wheel stops; and replacing or painting signs. (E) Location of Parking Spaces: (1 ) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-site parking" and "off-street parking" are synonymous. (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). (3) In-lieu Fee: If it is impossible or inappropriate to provide the required number of on-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: [Amd. Ord. 64-93 11/23/93, Amd. Ord. 14-93 2/09/93] (a) The in lieu fee is authorized only in the CBD, OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning Districts in compliance with the Supplemental District Regulations provisions therein. [Amd. Ord. 74-95 12/5/95]; [Amd. Ord.64-93 11/23/93]; Amd. Ord.14-93 2/09/93] (b) The fee is hereby established at $6,000 per space. Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. [Amd. Ord. 64-93 11/23/93, Amd. Ord. 14-93 2/09/93] . (c) All proceeds from such a fee shall be used for parking purposes. [Amd. Ord. 64-93 11/23/93, Amd. Ord. 14-93 2/09/93] (d) The in-lieu fee may be paid at one time or in installments. Installment payments may be made over a nine year period in ten payments. The first payment would be due upon signing the installment agreement. The remaining nine payments would be due annually. No interest is to be 18 . charged during the first three (3) years. Beginning in year four of the payment schedule, a simple interest rate of 5% per annum will apply to the unpaid balance and be added to payments five through ten. [Amd. Ord. 64-93 11/23/93] (4) Off-Site Parking: In instances where uses do not have sufficient space to accommodate customer and employee parking demands, parking requirements may be provided off-site in accordance with the fo"owing~ a) Normal Operations: Parking for day-to-day operation may be provided on other property within three hundred feet (300') provided that both properties are of the same general type of zone designation (Le. commercial, industrial, office, etc.) or when the off-site parking site is zoned C.F. and a conditional use approval for use as a parking lot has been approved, and when in compliance with, and pursuant to, the following: ~ill The 300' distance shall be measured along an acceptable pedestrian route; W!21 Approval of such off-site parking may be granted by the body which has approval authority of the related site and development plan; fiiij!.31 An agreement providing an easement for such use is prepared pursuant to Subsection (E)(5) and is recorded prior to certification of the site and development plan; [Amd. Ord. 42-92 918192] tp.4~ The provision pro':iding of the parking easement shall not diminish the ability of the property, upon which it is placed, to accommodate its required parking.. (b) Special Events/Facilities: In instances where uses and/or facilities have large parking demands/requirements and which are otherwise subject to conditional use approval (e.g. stadiums, places of assembly, community and civic centers, recreational areas, etc.) such parking may be provided off- site in accordance with the following. ~ ill Approval of such off-site parking may be granted by the body which has approval authority of the related conditional use. 19 W !21 A parking and transportation plan must be presented in order to obtain such approval. The plan must identify parking areas and demonstrate the manner in which transportation to the use site, security, maintenance, and related matters will be accommodated. ~ ill Easements, agreements, or other appropriate legal documents which assure continued availability of such parking shall be required as a part of the parking and transportation plan. [Amd. Ord. 42-92 9/8/92] (5) Off-site Parking Agreement: The owner of the alternate off-street parking area, and the owner of the principal use or building (including the land on which it is situated), shall enter into a written agreement with the City (in such form as may be approved by the City Attorney), with enforcement running to the City, providing that the land comprising the alternate off-street parking area shall never be disposed of except in conjunction with the transfer or sale of the building which the parking area is intended to serve, so long as the parking facilities are required. The owner agrees that such agreement shall be in recordable form, the expense of recording to be borne by the owner, and that the agreement shall constitute a covenant running with the land binding upon the owners, heirs, administrators, successors, and assigns. The agreement shall be recorded by the City Clerk. The agreement shall be released by the Commission at such time as the alternate off-street parking facilities are no longer required or when the owner provides other lawful off-street parking facilities. The owner shall bear the expense of recording the release of the agreement. (F) Special Provisions: (1 ) Reduction Allowed: When. upon receipt and acceptance of special documentation. it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use the body which acts on the attendant site plan may reduce the parking requirements accordingly. (1) Compact Car Parking: Up to 30% of the required parking for :my use may be designated for compact cars. Such approval may be granted concurrent with site and development plan approval provided that documentation is provided which demonstrates that such spacos 'NiII be so used. Spaces which are provided above the number required may also be designated and designed as "compact car parking". MOVED TO SECTION (C)(1 )(g) (2) Temporary Use of Parking Spaces for other purposes: Parking lots may be used for the sale of merchandise on a temporary basis for special events. Request for such approval shall be governed by Section 2.4.6(H). 20 . MEMORANDUM 'IO: MAYOR AND CITY COMMISSIONERS FRCJ.1 : CITY MANAGER M SUBJECT: AGENDA ITEM # 10 C'- REGULAR MEETIOO OF OOVEMBER 5, 1996 SECOND READING & PUBLIC HEARING FOR ORDINANCE 00. 47-96 ( GARBAGE AND TRASH) DATE : NOVEMBER 1, 1996 On September 17, 1996, the City Conunission adopted the new garbage and trash ordinance (#33-96) on second and final reading. We subsequently received a request from the Spanish Wells Condominium Association for a change in service from curbside to rear/side door service due to the physical characteristics of their development, and also identified certain other provisions of the adopted ordinance which needed clarification. Ordinance No. 47-96 was drafted to addresses these changes and was considered by the Conunission on first reading on October 15th. It was passed 4-0 and advertised for public hearing on November 5, 1996. Addi tional changes have been made since first reading, both for changes in service to certain neighborhoods (Le. High Point) as well as further clarification to certain provisions of the ordinance as they relate to our contract with BFI. The changes are significant enough to warrant a new first reading of the ordinance with renoticing of the modified caption prior to consideration on second and final reading. Therefore, staff recommends that Ordinance No. 47-96 be voted down at this time. If the new ordinance encompassing all of the changes is ready, we will distribute it on Monday and add it to the agenda for first reading. ~ OaJ.66'-96 i7ldam&~ 1/7-9t ondl?O~ . ~ 5-0 ref:agmemo6 FAILED ON 2ND/FINAL READING - 11/5/96 ORDINANCE NO. 47-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 33-96 ENACI1NG CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECrION 51.01, "DEFINITIONS", TO ADD AND DELETE CERTAIN DEFINITIONS; BY AMENDING SECrIONS 51.02, "DUMPING ON PROPERTY OWNED BY OTHERS PROlDBITED", 51.20, "BUILDING MATERIALS", 51.21, "COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONSmlLITY FOR TRASH COLLECTION", 51.22, "VEGETATIVE WASTE", 51.23, "BULK TRASH", 51.35, "CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", 51.39, "MAINTENANCE OF CONTAINERS", 51.40, "PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES", 51.45, "CONSTRUCTION AND DEMOLmON SITES", 51.71, "PAYMENT AND Bn.LING", 51.72, "METIiOD OF BILLING", 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 SUBDMSION OF SPANISH WELLS SHALL RECEIVE REAR-DOOR/SIDE-DOOR SERVICE AND mE SUBDMSION OF HIGHPOINT SHALL RECEIVE CURBSIDE DISPOSABLE BAG SERVICE WI1H CENTRALIZED VEGETATIVE AND BULK PICKUP; BY AMENDING SECTION 51.37, "USE OF OTHER UNITS AND CONTAINERS", TO PROVIDE FOR COLLECTION OF ROLLOFF COMPACTORS FOR RESIDENTIAL UNITS; BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE A RATE FOR HIGHPOINT SUBDMSION; 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 residents of High point Subdivision wish to have curbside disposable bag service with centralized vegetative and bulk 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 DELRAY BEACH, FLORIDA, AS FOLLOWS: - Section I. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.01, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.01 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; 1 ORD. NO. 47-96 FAILED ON 2ND/FINAL READING - 11/5/96 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. Biolo2ical Waste: Shall mean solid waste that cause or has the capability of causing disease or 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 refrigerators, 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 ofDelray Beach, Florida, or the City's authorized agents or contractors. City Mana2er: Shall be the City Manager of the City ofDelray Beach or hislher designee. CoDection: 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 roIling 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 from time to time by the Department and Chapter 17-7, F.AC. Contractor or Vendor: Browning-Ferris Industries of Florida, Inc. Deuartment: Shall mean the Florida Department of Environmental Protection. Desimated Facilitv: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Solid Waste Authority or the City Manager. 2 ORD. NO. 47-96 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. Garba2e: 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 from the storage, preparation, cooking or handling of food materials whether attributed to 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. Garba2e 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. Loadin2 and Unloadin2 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 from 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 from 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 free of any advertising or other information other than a 8-1/2" x 11" sticker with the name, address, and telephone number of the Contractor. Multiole DweDin2 Units: Shall mean any building containing five (5) or more permanent living 3 ORD. NO. 47-96 units, not including motels and hotels. Parki02 Lots: Commercial and public lots designed for the parking of any vehicles with the exception of residential parking. 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 Pronertv: 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... ami iBel1:uling sietewalks, gt'a5S strips, eet cae half of aetjaeem eIleys:- For the purpose of this chapter, "Private Pronertv" owners are required to maintain rights-of-way up to the edge of the pavement of any public thoroughfare. Public Pronertv: 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 from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. Recvclio2: 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, triplexe~ quadplexes and mobile homes. 4 ORD. NO. 47-96 - ._0_ ~ - .~ RoDoff 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 waste shall not include any other type of waste, including, but not limited to, Special Wastes, Garbage or Recyclable Materials. RoD-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 lateh tkt will keep the lid elesed if the esrt sheuld he lmeeked or alo".VB over. SiB2Ie FalRik' ResideBtial UBit: .\By Ek\'elliBg I'laee desigaed te ae eeeupied hy Ofte family. Slnd!!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. Special 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 e2etative 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. R-esideats shall hag sr eSBtamem:e aU 8f85s elippings, lea'''~s, pine Beedles, lHlEi similar small loese items wheaever pessihle. Large Vegetative Waste items lIlust he Bet mere thaB siK (6) feet ift leagth sr fifty (59) pellads is weight, lHlEi shell be plaeed Beady at the etHb. Vegetative Waste does not include any form of matter or debris resulting from tree removal, land clearing, land development, or waste generated by tree surgeons, landscapers or lawn maintenance services. Tree removal hy resideats is aeeeptahle fer 01:H'hsiae pielmp if aut te the speeifieatisns Bated ahove. Section 2. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.02, "Dumping 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. 5 ORD. NO. 47-96 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, "Types of Services Provided for Picking up Garbage and Trash", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.18 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 resiseRtial units of the City shall have roll out cart curbside pickup, except for the areas listed in sections (B) and (C). The customers in tIHs are~ receiving cart service shall be required to use roll-out carts furnished by the City. These ems sha:Il heeome the pr-epefty sf the resideRt after five years. (2) These roll-out carts shall be furnished by the City (or its' Contractor) and shall eeeeme the preperty ef the eustemer after a peRes 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 siftgle dwelling receiving residential service I:Hlit sr eaea 1:lflit ift a multiple s..velliftg 1:iBit (Rat servieed ...;ita meeaameal 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 a&6 gafsea a&6 yar~ tfa5k 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. 6 ORD. NO. 47-96 - , - - (B) Rear-door/side-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 each week on regular schedules and routes as determined by the City or its' Contractor from the rear, side, or front of and adjacent to the served residences, aM it 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 from the front of the served residence", , whieh. HUlst be in leeatieH5 adjaeeat 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 SO 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. (0) Curbside. garbage and household trash in disposable containers with centralized vegetative waste and bulk trash pickup. ill For the residential area of the City located at the Highpoint Subdivision. the customer's garbage and household trash shall be placed in disposable bags at locations a4jac~t 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. ill All garbage and household trash shall be placed in secured plastic bags or other secured dis,posable container and no bag shall weigh more than 50 pounds. ill All vegetative waste and bulk trash shall be placed in centrali7.ed locations agreed upon by the customer and the City or its' Contractor for collection on one of the scheduled garbage collection days. lID Mechanical Container Service 7 ORD. NO. 47-96 ill Multi-family dwelling units containing five or more units shall use mechanical containers. except as otherwise approved by the City because of lack of suitable s.,pace for a mechanical container or other good reason. In this case a mechanical container may also include rolloff com,pactors or rolloff containers that exceed 10 yards ca,pacity. al 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 mixed paper, glass, plastie and all:J:ft2iftum ana 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 mixed paper r~eyelables recyclable materials. (3) The containers referred to in di-Asioft 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 ah<isioft part (1) above, such collection shall be made on one of the regular refuse collection days. For condominiums and apartment complexes referred to in civisioft 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 51.20 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 from 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 from 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 8 ORD. NO. 47-96 without nails. Larger materials may be picked up by special request at an additional charge from 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 DeIray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.21 COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS: RESPONSmILITY 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 ~ 8fea. 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: 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 clippings. 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. hex loose ':egetative waste Me B\:Hldle larger iteHi5 if possible. 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 511.50 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 of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 9 ORD. NO. 47-96 - . .- 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 from 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. (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, refrigerators, 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. (0) It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refrigerator, or container with a locking device unless the door has been removed. This prohibition shall not apply to any appliance, refrigerator, 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 REOUlRED 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 sheH he l:l1lla'.-vful for the owner of any real property in or from which litter is accumulated or produced te fail to must provide; suitable receptacles and containers. These containers must be kept in an accessible location for collection and must be Me at aU times to keeJ' iB a s1:Htaele "laee r-easily aeeessihle to the City eoUeetioR 10 ORD. NO. 47-96 . ,~, ' --..., .-, ~. ~-' '.-- - _.. .'-'--- -., '--- .---. eAM!S Sf I'rive.te eslleetisft &geBeies, aeeElaate ana suitaBle reeel'teeles aaa eefttemers 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 shall 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 detennine 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 orfstationary rolloff compactor units of 10 yards capacity or more &BEi eeffiJ'aeter eofttaiBers or like similar constructionfbulk containers Qrf-compactor equipment may be excluded from regular collection by the City or its' Contractor, subject to the provisions of Sec. 51.16. However. rolloff compactors or rolloff containers. regardless of the size or ~pacity. that service residential or multi-family units for garbage and trash collection. shall be collected by the City or its' Contractor. 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 &BEi yar4 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: PRE COLLECTION 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 11 ORD. NO. 47-96 ---. 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 ese 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. (0) Garbage and trash. It shall be unlawful to place& in garbage receJ>tacles. trash which has not been drained of all liquids iB gareage reeeptaeles. 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. (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. (t) 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 contro~ whether temporarily or pennanently, so as to block access to any mechanical container. (3) The use af ar the sel'asitiftg af MY garhage af trash inta meebaBieal eOBtaiBers sftaIl aBly he hy thase per5eas, eatmes, ar. e1::lstamers te wham meebanieal eeBtaiBers &Rl assigaes ar wile &Rll'ayiBg far dlase meeh8flieal eaBtainers. (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 from which it was generated. Vegetative waste for collection 12 ORD. NO. 47-96 shall be placed at the required location no earlier than 5:00 p.m. on the day preceding the collection date. (1) 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. W 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-free 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. (B) Mere eeaerete or &flY ether mbstanee permaneatly atm[es itself te the reaEi SUffaee, eausiBg the SHrfaee te be 1::Hie\'ea, it shaH Be immeEliateJ.y removeEi BY perseBs respoftsiele. The tarm "ResB8Rsible Pers8R" useEi Hi this seetiea shell meaR the Eiriver ef the yehiele ,,.<hieh EiepesiteEi the substaRee oate the street, his empleyer, the ovmer of the real prepel'ty, er the prime eaatraetor Hi eharge of a eoastn:letioB site tram where the suest&flee erigiBa.teEi. 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 ofDelray 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 (SiRgle Family) Service (Sine:le Family Homes. Duolexes. Triolexes. Ouadolexes and Mobile Homes) 13 ORD. NO. 47-96 '...- ~- ------._._._-~- ~"-- ---- -------- ---.- Curbside Rollout Carts Monthly Service Cost Per Unit Garbage 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 Rearcloor Owner Container.& Monthly Service Cost Per Unit Garbage Collection 7.85 Recycling 1.40 Yard Trash 1.30 Bulk Trash 0.20 Total Fees -Contractor 10.75 Administratiye Fee 0.35 Franchise Fee (5%) 0.54 Total Fees 11.64 Curbside DisDosable Ba2s .a..a Monthly Service Cost Per Unit GarbagelI'rash Collection 1.55 Recycling 0.85 Total fees -COntractor 2.40 Adminimative Fee 0.35 Franchise Fee (5%) 0.12 Total Fees 2.87 Curbside Disoosable BaD with Centralized Vet!etative Waste and Bulk Trash Pickuo Monthly Service Cost Per Unit Garbaee Collection 1.55 RecvClin2 1.21 Yard Trash 1.30 Bulk Trash 0.20 14 ORD. NO. 47-96 Total Fees - Contractor 4.26 ,a4t1minidnltivP. Fee 0.35 Franchise Fee (5%) 0.21 Total Fees 4.82 .a. This reaNeeF serviee shaD eBIy he previded fe resideBtial areas leeated East ef the lBH'aeeastal Waterw&y aBd Shel"Weed Park. .a.a This ellrhside dispesahle hag serviee shall eBIy he previded fe resideBHaI arees leeated at Imperial Villas ad CellBtFy MaBer. (B) BesideBsal (Multi-Family~ Service MHltiple family <t:leD:iftg ets eOBtaining four units may use rell atH ems or meehtmieel eefttaiBers. 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 eeBmiB 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 Container Monthlv Maintenance Cb8l'2e Container Size Monthlv Cost Franchise Fee Total Container Fees 2yd. 19.40 1.94 21.34 3 yd. 21.44 2.14 23.58 4yd. 22.21 2.22 24.43 6yd. 25.53 2.55 28.08 8yd. 27.09 2.71 29.80 Collection & Hautinl! Rate Per Unit (Based on a Bi-Weeldv Pickuo) Mo~ Service Monthlv Cost Per Unit Refuse Collection 1.35 Recycling 0.80 Total Per Unit Fees-Conttactor 2.15 Administrative Fee 0.35 Franchise Fee (10%) 0.22 Total Monthly Fees Per Unit 2.72 (q Commercial 15 ORD. NO. 47-96 -.--",', -----, " .. -- " . - - ~ - . (1) Commercial customers shall use mechanical containers or roll out carts aBti eammereial ri!fuse eaBtaiBer serviee. Commercial customers shall include all customers other than residential or multi-family customers. ;- But BOt Be limited to, aD amee B1:Hldiftgs, staRls, filling statiaBS, serviee estaelishmeats, light indastry, seaools, ah1:H'Gses, elues, ledges, metels, let:mdries, Botels, paelia buildHtgs, food serviee, BREi 10dgiBg estabJishmeBts. Commercial customers may use any of the following containers for accumulation of refuse: (a) Cemmer:eial Rlfuse eeBtaiBers. Roll Out Carts. The City shall require any commercial customer needing more than six refi:lse eofttainers 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 tlitm siK r-eft1se eOfttamers 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 containerA 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 meh garBage &ad trash serviees: Commercial Rates lMonthlv) Container Picku Fr uen er Week i~':::::::::'::I:'I::::':I::"::~I~::: ::::::,:::::::':I:,I:ll!:::':::::[,:,I:::I\:II::::I,\::I:::!:::I:I::! :~:::i:::!I:::i::II!iliil:I:I:!:, :!I:!::::I:::::;'i:\.:i:)!,::::~:U:i:::'I::~:,,':I:.,::!I,:::.:.::: $ 8.76 $17.50 $ 26.26 $ 35.02 $ 43.76 $ 52.52 $ 13.35 $ 26.69 $ 40.04 $ 53.39 566.73 $ 80.08 $l9AQ 51MQ 5~ ~ 51M2 5l9AQ $ 41.51 $ 63.59 $ 85.70 $107.81 5129.89 $152.00 U:.ll ~ LUZ $ 10.78 UU2 ~ $ 45.66 $ 69.95 $ 94.27 $118.59 $142.88 $167.20 $ 13.13 $ 26.26 $ 39.39 $ 52.52 $ 65.65 $ 78.78 $ 20.02 $ 40.04 5 60.06 $ 80.08 $100.10 $120.12 ll.lM ll.lM UlM 5liM t.Z.lM UlM t 54.59 $ 87.74 5120.89 5154.04 5187.19 $220.34 LSM S 8.77 UW ~ um lllil1 5 60.05 $ 96.51 $132.98 5169.44 5205.91 $242.37 Colle(:tion $ 17.50 5 35.02 5 52.52 5 70.02 5 87.54 $105.04 Di sa} $ 26.69 $ 53.39 5 80.08 $106.77 5133.47 5160.16 16 ORD. NO. 47-96 , - --'- l.Ull ~ .uul. W.z.I. UU! UUl $ 66.40 $110.62 $154.81 $199.00 $243.22 $287.41 ~ ~ 1lM1 t..WQ ~ U!.:M 5 73.04 $121.68 5170.29 $218.90 $267.54 $316.15 $ 26.26 $ 52.52 $ 78.78 $105.04 5131.30 $157.56 540.04 5 SO.08 $120.12 5160.16 $200.20 $240.24 ~ 11Ul w..u ~ Uill ~ $ 91.83 5158.13 $224.43 $290.73 5357.03 $423.33 L.2..a lliM ~ U2.Q1 1.ll.1Q UW 5101.01 5173.94 $246.87 5319.80 5392.73 $465.66 _ ~ea::-fec 5 35.02 $ 70.02 $105.04 $140.06 $175.06 $210.08 $ 53.39 $I06.n $160.16 $213.55 $266.93 5320.32 t.llQ2 t.llQ2 t.n..Q2 U2Q2 $ 27.09 ULQ2 5115.50 $203.88 $292.29 $380.70 $469.08 $557.49 ~:*:_,~,,:::~~w:~:,:,:~:~:;::::::;:::::::::~:::::~x Franchise Fees (100JO) ~ ~ ~ l1t.Q1 ~ ~ ;'#iMfu11m*m~wnm:fHr Total Fees 5127.05 $224.27 $321.59 $418.n $515.99 $613.24 95-Gallon Cart Service Pick-uns ner week Monthlv Chane * Franchise Fee Total Fee (Month) 1 526.15 5 2.62 5 28.77 2 5 50.87 5 5.09 5 55.96 3 5 17.02 57.70 5 84.72 4 $102.46 510.25 5112. 71 5 $127.90 $12.79 5140.69 6 $152.63 515.26 $167.89 *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 Wute Authority tipping fee to be effective October 1, 1996- (D) The charges set forth above for mechanical containers and roll out carts eeftiHlereial refuse eSBtaiBer 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 of Delray Beach, Florida, be, and the same is hereby amended to read as follows: SECTION 51.71 PAYMENT AND BaLING: (A) Comoensation: The City shall pay the Contractor compensation for the 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 17 ORD. NO. 47-96 -. - -" ...- . -~..- provided under this Agreement. (B) Billiusr 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. 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 eemmersial eustemers shall he servieea at least eae (1) time per week for refuse 8ftEi 18 ORD. NO. 47-96 - - . ' -_..-- --.-..-,. ~- . ~ - - -~ ___no ---..-'-.._._.___L.........., feeyeliBg and mare B:efttieBtly heed upaa the lHBal:Hit af femse geaerated. . \Jl HftIki family eustemers shall be serviced at least OHe (1) time per ..veek for r-emse aad r-eeyeliBg. If the &me1::Hlt afre. geaemted r-equir-es mere the two (2) times per -.veek eeHeetiaft, theft the third (3Ri) aad all SIl9seEll:leM eeReetieas shall he eBarged the eemmerei&l eeReetiaa Fate aBly. 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 Conection and Hauling Fees with a franchise fee as detennined by the City added. The Contractor shall remit all franchise 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 franchise fee and administrative fee as detennined by the City added. The Contractor shall remit all franchise 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 SI.72 METHOD OF BILLING FOR CHARGES. The regular monthly charge~ 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...; pr'Ovided that ,ygarbage and trash collection service charges shall be itemized separately on that statement. However, the City's contractors shall bill the customers receiving meeha:nieal eeataiBers aad eommertiial refuse eaHtaifter serviee multi-family and commercial service. as set forth in Sec. 51.70, the monthly service charges for that service..; wftieft ~ may include a late fee in the amount of 1.5% of the unpaid balance for delinquent accounts receiving meeMnieal eeBmHlen and eemmereial refUse ooBtaieer multi-family and commercial service...; &at that &By eeliB~t hills shaH ill the altemati-:e be referele to the City for eaYeetiea pur9\i8Bt to the prEwisieas set fortk in 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 fonows: Section SI.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 ~ eaatraetor in the amount of 1.5% of the unpaid balance on delinquent customer accounts receiving residential service. meehanieal eeatainefs aad oommefeial reNse eefttaiBer serviee ar tile ooatraetor may r-efer ealleetioa te the 19 ORD. NO. 47-96 city pl:1J'SQ8Bt to the pr-evisioftS set forth iB this eaapter. 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 mAI shell file a lien against the property and may pursue foreclosure of the lien; as iB. the ease ef a meftgage, 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 BaLED FOR WATER SHALL BE RESPONSmLE FOR CHARGES. The person or company in whose name water services 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 therefere, except that whereift no water service 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. PASSED AND ADOPTED in regular session on second and final reading on this the _ . day of . 1996. MAYOR ATTEST: City Clerk First Reading October 15, 1996 Second Reading FAILED ON SECOND/FINAL READING 11/5/96 20 ORD. NO. 47-96 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER rpl,\ / \ SUBJECT: AGENDA ITEM # I~ A. - MEETING OF NOVEMBER 5, 1996 ORDINANCE NO. 48-96/FIRST READING FOR THE GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH DATE: NOVEMBER 1, 1996 This is first reading for Ordinance No. 48-96 rezoning a 0.39 acre parcel located on the east side of N.W. 5th Avenue, between West Atlantic Avenue and N.W. 1st Street, approximately 200 feet north of Atlantic Avenue, from GC (General Commercial) to CF (Community Facilities) . The rezoning is being processed to accommodate a proposed child care and youth center for the Greater Mount Olive Missionary Baptist Church. The development proposal is to develop part of the open area on the parcel as a play area for the child care center which will be located inside the church, and to use the existing building as a youth center in the future. At its meeting of October 21, 1996 the Planning and Zoning Board voted 7-0 to recommend the rezoning be approved, based on positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D) (5). Recommend approval of Ordinance No. 48-96 on first reading. If passed, public hearing is November 19, 1996. f~ /sr~ 5-0 . ..-. ORDINANCE NO. 48-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH , FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICTj SAID LAND BEING LOCATED ON THE EAST SIDE OF N.W. 5TH AVENUE APPROXIMATELY 200 FEET NORTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND ASSOCIATED WITH GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCHj AMENDING IIZ0NING MAP OF DELRAY BEACH, FLORIDA, 199411 j PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned GC (General COITUnercial) District; and WHEREAS, at its meeting of October 21, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted unanimously to reconunend approval of the rezoning, based upon posi ti ve findings j and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Conununity Facilities) District for the following described property: Lot 4 and the North 50 feet of Lot 5, Block 28, Map of the Town of Linton (now Delray Beach), according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. The subject property is located on the east side of N.W. 5th Avenue, approximately 200 feet north of Atlantic Avenue; containing 0.39 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. . Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph I sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR i ATI'EST: City Clerk First Reading Second Reading - 2 - Ord. No. 48-96 . - Ji==' -II. I-L - - 'I-. ~ ~ -~- ;:; -~ ~ - I-- <( <( - <(- - <( C t- - ..== f-- I- - _ I- - I-- I- -;;;;:- .. -=- _ I-- _ I--- R'-- ..,. --. ~ - F, - CITY ~ f-- t:= I · · · ~ - - ATTORNEY .....:=:: r---- - BUILDING -C I-- ~ I I III I I I ~ IT... : R BLVD. - r- - MARTIN LUTHER KING J . In ,., U Xl I ~ - ~ '- :::: I r- X ' ~ ;E I g N ~A.. I-- .. II- I- ... ~ ~ .." <0 _ _ _ -"--, - V_ I- - I: 12 CITY r- I--- - .-- HALL- I- _ ~ II /1. I .CF t:::: It: (t L ~ ~ : f-----..- N.W. 1ST - ST. r-- ~ I[[IJ .rc F W, CF :J 'R ~ ;: Z'~I COMMUNITY Iz z- _ CENTER · C w _ -- FIRE > - f--,-- === == STA nON F - t- C F TENNIS <( ~= --. I I II III STADIUM I I I'-I NO.1 "- ATLANTIC AVENUE [ ,l.W.l POLICE SOUTH ell! lIT IDJ - I L f- COMPLEX COUNTY c= C I I _ _ COURT '- I- _ ~-~ I-- HOUSE _ I- . <( , r0- t-- > CF ~ r- I- <( <( r- I- zr- r-- I- f- r-- 1-1- 0 I- f- r-- I- f- '- ~ ~W I ~ ~'ST ~ - ~ IS. ~ z 1I111TII >s1 ST. l I-CO I' <0 It'l ~ 3=- -=9 -. - Id (f);= I-- _ I~ - - I- - - -- - - - -;: ;: ;: ',- ;: -- _en en en ~H ~-- en LIt- = ~ I III I I ~ TITI III I 2ND S~ ..,....., S. W. I It I I II I I I I I I I I I II r N - REZONING - - GREATER MT. OLIVE MISSIONARY BAPTIST CHURCH PLANNING DEPAflllAENT FROM: GC (GENERAL COMMERCIAL) TO: CF (COMMUNITY FACILITIES) ClfY OF DEUIAY BEACH, rL - - mC/lAI, llASC MAP 5YSrn,/ - - "'AI' Ilcr' LM'OG I . . )I\, ~ :1t/\ (.. I TO: DAVID T. HARDEN, CITY MANAGER THRU: ~I~D~~ DEPARTME1 OF p. NNING AND ZONING FROM: ~EY A. COSTELLO R PLANNER SUBJECT: MEETING OF NOVEMBER 5, 1996 REZONING FROM GC (GENERAL COMMERCIAL) TO CF (COMMUNITY FACILITIES) FOR GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH. I::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::(::(::::::::llmllN((sfilg:liliEp;:::gS::lmli::IIIIJ811l::::::::t:::::::::II:(::::::::::::::::::::::::::::((::(:::::i:::I::::::::::::::I The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 0,39 acre parcel from GC (General Commercial) to CF (Community Facilities). The subject property is located on the east side of N.W. 5th Avenue, between W. Atlantic Avenue and N.W. 1 st Street, approximately 200 feet north of Atlantic Avenue. 1::::::::::::::;,::::::::::::::::;,::(::::;,::::::::::::::::::::.:::::,:::::::::::::::::::::::::::::::::::::;,::;'::::j:::::;'::::::::::::::::::;:::'::::::::;':::::::":::::::::::1111111111::::::::::::,:::::::::::::::::::::::::::::::;::::::::::::::::::;'::;'::::::;'::;'1;'1::::1::::::::::::::::11::;'::::::::::::::::::::::::::::::;':::::::::::::::::::::::::::::::1 The proposal incorporates Lot 4 and the north 50 feet of Lot 5, Block 28, Town of Delray which consists of 0.39 acres and contains a commercial structure currently utilized for storage. The existing 1,406 sq.ft. Art Moderne style commercial structure was constructed in 1946. The structure was historically known as The Green Inn, however, the building was last occupied by the Two Dudes Diner. The proposal is to rezone the property from GC (General Commercial) to CF (Community Facilities). The rezoning is being processed to accommodate a City Commission Documentation Meeting of October 1, 1996 Rezoning from GC to CF for Greater Mount Olive Missionary Baptist Church Page 2 proposed child care center and youth center. The development proposal is to install the play area for the child care center which will be located in the church structure. The existing 1,406 sq.ft. commercial structure will be utilized as a youth center in the future. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. ~::::::::::~:::::~~i:::::~:::::::::::::::::::::::::::::::::::::~::::::::::e.I:IIII:!III::IIN!.:l:IIII.:~:11IIJ.g.lllll::::::::;::::::::::::::~:::;::::~:::::;::::::::;::::::::::::::::;;1 At its meeting of October 21, 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 LDR Section 2.4.5(D)(5). ~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;::::::::::;::::::i:::i::::::::::::::::::i:::::l~::::::::i:::::::::::::::::::::::IIIIII.:gll:)1Im!II::::::::::::::)::::::::::::::::::::)::::::::::::::::::::::::::::::)i:::)::::::::::::i::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::::il By motion, approve on first reading the ordinance for the rezoning from GC (General Commercial) to CF (Community Facilities) for Greater Mount Olive Missionary Baptist Church, based upon the findings. and recommendation by the Planning and Zoning Board, and setting a public hearing date of November 19, 1996. Attachments: 0 P & Z Staff Report and Documentation of October 21, 1996 0 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 21, 1996 AGENDA ITEM: IV.A ITEM: Rezoning from GC (General Commercial) to CF (Community Facilities) for a parcel of land located on the east side of N.W. 5th Avenue, Approximately 200 Feet North of Atlantic Avenue. Associated with Greater Mt. Olive Missionary Baptist Church. J :: : :: r" Ih-, Il-f T Yl 1,,1 II I II 1 OTY r lrl II I J II IJ[ ---, II J IN II.~, :: I III, I l'ST 11 J~ I II 1~IST liT e; II I HALL !If_II~1 ~~E. I~~\ST II~ST.I~L ::: .." 1111~m ~ ::r:: = w 0 ~: ~;iil~- -Kj.~~ C~~~TY:=]~ S~gOL ~ % FIRe l/I1 === <( SQUARe = ~ 1: STATION Z == ~ :: - J: % = TeNNIS L-...... :z -:z II mmmm [[]]] rmrrrrrm STADIUM [J]J] [[[[] ] lJJID I I I I Ulllllll.l1J NO. 1 Ullilllllll ATLANTIC AVENUE hm ~OIJ]~ I I IIII IIIII L ~ I , !:!!!! ,too,;;,fix g~~ ~OJJJJJIDgDllIIlWt; Ill.ll. < .. - III _ - < .. COURT 0 Z = ~ ~ ~= i5 -L.- -~ HOUse ~ 3: ~- :--'S! ,.....- 0" - i5. Vl.. - l/I1 _0- , 0 """-Ji ,- , 3i J: -r-~ ,.....- ul" - ~ ... oJ :;;: = _ - f-.:..rrt .,; GENERAL DATA: Owners/Applicant............................... Greater Mt. Olive Missionary Baptist Church Location.............................................. East side of N.W. 5th Avenue. approximately 200 feet north of Atlantic Avenue Property Size...................................... 0.39 Acre Future Land Use Map......................... General Commercial Current Zoning................................... GC (General Commercial) Proposed Zoning................................ CF (Community Facilities) Adjacent Zoning........................North: CF East: CF South: GC West: GC & CF Existing Land Use............................... The parcel contains an existing 1,406 sq.ft. building which is currently utilized for storage. Proposed Land Use............................ Rezoning from General Commercial to Community Facilities to accommodate the playground associated with a proposed child care center, and utilization of the existing structure as a youth center. Water Service.................................... Existing on-site. Sewer Service.................................... Existing on-site. 1\1 A - ~fif~)~~t~1~~~fl.i~~~1tr&tl!I.II.1.IlfAll!.a~_IIT!mft~flml.l~Ii1~l~~~:llm:~j~ll~~~(;l: The item before the Board is that of making a recommendation on a privately-initiated rezoning from GC (General Commercial) to CF (Community Facilities) for Greater Mount Olive Missionary Baptist Church, pursuant to LOR Section 2.4.5(D). The subject property is located on the east side of N.W. 5th Avenue, between W. Atlantic Avenue and N.W. 1st Street, approximately 200 feet north of Atlantic Avenue. iiJl~lli~~~I!ifi~lt.~I~.~1~4il,11~.~tfll!l.tl_ll~\'.1111Ila\l1j~l~wl~ The proposal incorporates Lot 4 and the north 50 feet of Lot 5, Block 28, Town of Delray which consists of 0.39 acres and contains a commercial structure currently utilized for storage. The existing 1,406 sq.ft. Art Modeme style commercial structure was constructed in 1946. The structure was historically known as The Green Inn, however, the building was last occupied by the Two Dudes Diner. The existing zoning, which is GC (General Commercial), permits child care centers as a conditional use, however, as the property is being incorporated into the existing church site, it is appropriate to rezone the site to CF (Community Facilities), which permits child care centers as an accessory use to a church. Therefore, on September 6, 1996, a rezoning application was submitted and is now before the Board for action. f*~~lj~i,1~1~;~i~:~~lf;~~~t~~~~~~tllji.itI111f1tll[illltt1~gll:g..IJ,~Ii.lr~~~tf.i~1~lf~~ifii~ti~i~ftlit11!~l~f.f~~~~t~1lf The proposal is to rezone the property from GC (General Commercial) to CF (Community Facilities). The rezoning is being processed to accommodate a proposed child care center and youth center. The development proposal is to install the play area for the child care center which will be located in the church structure. The existing 1,406 sq.ft. commercial structure will be utilized as a youth center in the future. ij*t~r,t.~~1~1~~lli!lr{'~~1t~I*~ill!t~{iltJI:r~lllt.lm~flf~1f.1.'II.I~~~~1~~f1~1~~!I~f~~Ii~~i111~J~II~~I~ 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. P & Z Board Staff Report Rezoning from GC to CF for Greater Mt. Olive Missionary Baptist Church Page 2 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 General Commercial and is currently zoned GC (General Commercial). 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. Pursuant to LOR Sections 4.4.21 (B)(3) and (4), within the CF zone district, child care and youth centers are permitted uses. Also, a child care center is allowed as an accessory use to a church [ref. LDR Section 4.4.21(8)(5)]. 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. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The establishment of the CF zone district will allow uses that are similar or less intense than uses allowed under the GC zoning district. Concurrency findings with respect to any future improvements will be made at the time of development review. 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(0)(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 no applicable objectives and policies were identified. Section 3.3.2 (Standards for Rezoning Actions): Standards A - C are not applicable. The applicable performance standard of Section 3.3.2 is 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. P & Z Board Staff Report Rezoning from GC to CF for Greater Mt. Olive Missionary Baptist Church Page 3 The properties to the north and east are zoned CF (Community Facilities); to the south is GC; and, to the west is GC and CF. The adjacent land uses include the following: north and east of the property are parking lots for Mt. Olive Missionary Baptist Church; south is a vacant parcel which is owned by the CRA and is to be developed as a parking lot; and west, across N.W. 5th Avenue, is vacant land and the City's Fire Station #1. Compatibility with the adjacent properties is not a concern as the properties are commercial in character and are zoned CF and GC. The subject property is bounded on two sides by church-owned property (Mt. Olive parking lots), and to the south and west are commercial and community facility type uses. 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: . That the zoning had previously been changed, or was originally established, in error; . That there has been a change in circumstances which make the current zoning inappropriate; . 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 "c". This rezoning request to CF (Community Facilities) is being sought as the proposed zoning is similar in intensity as the current GC zoning designation, and is more appropriate as the property has been purchased and will be utilized by Greater Mt. Olive Missionary Baptist Church. The property is to be developed as a play area associated with the child care center which is to be located in the existing church structure. Future plans call for conversion of the existing structure to a youth center. While the child care center is allowed as a conditional use in the GC zone district, it is more appropriate to apply the CF zoning as it is consistent with the church as well as any Future Land Use Map designation. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The property contains a 1,604 sq.ft. commercial structure with the balance of the property undeveloped. With review of the rezoning petition, a site visit was conducted 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 P & Z Board Staff Report Rezoning from GC to CF for Greater Mt. Olive Missionary Baptist Church Page 4 Regulations. There are no problems anticipated complying with the Land Development Regulations. ;;i~ii::i:i::i~i::~i,i:i~~~:i::::i:::i::::i:ii::ii:ii:iiii:i:::::::::~:::::::::i:~::~i::ii:::~i:ii:i:::~::i~:~~~::::::~:::ii:i::~:~ilil~i~:I&lJ:i:gillYl~i::~:I~Ii.i.~~i~liii.i::I!::~lSmlii:i.)l\:~~1.!jjii::~t~J.!.~~:i:~~ti.~t~~:~i::ijj~~ji:~i]i~~~:~j~\~~:::~ii:i::1:i~:: The subject property is not within a geographical area requiring review by the Downtown Development Authority (DOA) Community Redevelopment Agency At its meeting of September 12, 1996, the CRA reviewed the rezoning request and had no objections. Historic Preservation Board At its meeting of September 18, 1996, the HPB reviewed the rezoning request and had no objections. Public and Courtesy Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Courtesy notices have been provided to the following civic and homeowners associations: o Visions West Atlantic Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ~~~1:1~1:~::~~i:~*:~~::~i.~I~:i:I~:t~r~~i:::i1:~l:i@.I.1l!l11l111~.ltlJ.~r~:@~:111~~~I~I~~lfl.ifl~~j~1I.fi~i_i~lj: The rezoning from GC (General Commercial) 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 General Commercial Future Land Use Map designation. Also, positive findings can be made with respect to LDR Section 2.4.5(D)(5)(Rezoning Findings), that the rezoning to CF is more appropriate as it is similar in intensity as the current GC zoning designation, and is more appropriate as the property has been purchased by Greater Mt. Olive Missionary Baptist Church for uses associated with the church. Compatibility is not a concern as the property is surrounded by commercial and community facility type uses. :i:i:::i1:1:~11:::::::::::i,::~i;::'~i,~~:~:J;:i::f::i:i:::i,;~;~:i,r;:f!~:ii~~~i@i1~ji~1iiri~i*~im*i~;11;iBrl~::rnlli:Mi:E:i::::::i:it~lli:J:;1mim~~liilr;1t.l&r~fil~f,11i~ff.ii:l:il]:i:if,;:li:l~~i~:11f*~:!~1:1i,t!*~:; A. Continue with direction. S, Recommend approval of the rezoning request from GC (General Commercial) to CF (Community Facilities) for the Greater Mt. Olive Missionary Baptist Church P & Z Board Staff Report Rezoning from GC to CF for Greater Mt Olive Missionary Baptist Church Page 5 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(0)(5). C. Recommend denial of the rezoning request from GC (General Commercial) to CF (Community Facilities) for the Greater Mt Olive Missionary Baptist Church based upon a failure to make [positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of the valid reasons for seeking a rezoning. j~~1~~~~~j~~~~ftl11!1r~~tif~l*tl'.i.~::;]__.II._Itt.1..1t.lt__tl\l Recommend to the City Commission approval of the rezoning request from GC (General Commercial) to CF (Community Facilities) for the Greater Mt Olive Missionary Baptist Church based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: 0 Zoning/Location Map 0 Survey This Staff Report prepared by: Jeff Costello. Senior Planner I r SOUTH LINE OF Lor 5, BLOCK 28 ---.--.-- - .._----- I 135,52' '"" ':! "'<);0'" .... ').a'" CD ~ ",ll:;:""1 ----~----t- I "').., \1 "'\1)'~ r- .... ..,~a~ o \.<0, 135.6' PLA T :l) lJ\ ~ \.<~ I 0 r- 135.52' SURVEY ~ ~ 20.0' \) 0 I I .; ~ <:<: 0; ""-i <::10 ~~ ~ a'll I I- r~: l- I\.) VI -"" <: I lJ\ .... ~"J::.,. 1l a ). -=::::: .. r- flll .., r- I"J it I \t) 1l <: ~ 0 r- r- ~ ~ ~.- :-0 '- -< \) o . -, I 'I / ~ 40,1' 13,9' ~ ~ ?\: ""-i ~ I C) . l.. ~ 'I / 4.2' 4>- I ClJ - 'I / ~ ~ lI) C) ~ C) ). I\.) ~ l.. r- ..., c ~ ~ ?> (J) C) () ,... l.. ~ <0 <: Cll / ~ ~ . I I OJ C) .-( ~ \l:o / Q>~~ t) 0'0 c: o.s>. .., / <<1. .., 0.... 40," 13.7' 15>. ~ c; , 20,0' I '1:1 135.51' SURVEY n ~ 135,6' PLA T ... 0 1"J1 ~~~ . ......\11VlC)"l ~...,cc ~o.., L 0 T 1 ~~~~~ ~~ "'1111-0' 0 :i~ ~"'~l:", MT. OLIVE BAPTIST CHURCH PROPERTY c . C)~ C) ~:;::~ ~t ).0 C a~ 1l:;:: (PLA T BOOK 69, PAGE 20) :l) . ~ c~4>-. C ~ -.., '- ... ~ I --fi- !y. W.:. 1ST ST{?(EI_ _ J___, N t . MEMORANDUM '10: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tl'L/l SUBJECT: AGENDA ITEM # 1~6 - REGULAR MEETING OF NOVEMBER 5, 1996 FIRST READING FOR ORDINANCE NO. 49-96 (ANNEXATION, INITIAL ZONING AND SMALL SCALE FUTURE LAND USE MAP AMENDMENT FOR THE ROSACKER PROPERTY) DATE: NOVEMBER 1, 1996 This is first reading for Ordinance No. 49-96 which annexes a 5.32 acre parcel of land known as the Rosacker property located on the west side of Gallagher Road, at the intersection of Gallagher Road and Brady Boulevard. The ordinance establishes ini tial zoning of CF (Conununi ty Facilities) District and provides for a small scale land use plan amendment to change from the County I s designation of MR-5 (Medium Density Residential - 5 dwelling units/acre) to an official City designation of Low Density Residential 0-5 dwelling units/acre. The property contains an existing single family residence with a tennis court and a swimming pool. The accompanying developtlent proposal is to establish a religious retreat which involves conversion of the existing structure and three building additions to house up to 47 individuals along wi th associated parking and landscaping improvements. The retreat will be a place where people can pray, receive religious instruction, study, meditate and rest. The spiritual acti vi ties will be entrusted to Opus Dei, a Prelature of the Catholic Church. The Planning and Zoning Board considered this matter at public hearing on October 21, 1996, and voted unanimously to reconunend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Developnent Regulations, policies of the Comprehensive Plan, and LOR Section 2.4. 5 (D) (5) . Reconunend approval of Ordinance No. 49-96 on first reading, based upon the findings and reconunendation of the Planning and Zoning Board. If passed, a quasi-judicial hearing will be scheduled for November 19, 1996. ta&ud- 6~O ref: agmemo9 . -- , I I I I ORDINANCE NO. 49-96 I I I I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I I DELRAY BEACH, FLORIDA, ANNEXING '10 THE CITY OF DELRAY , I BEACH, A PARCEL OF LAND KNOWN AS THE ROSACKER PROPERTY I i LOCATED ON THE WEST SIDE OF GALLAGHER ROAD AT THE i ! INI'ERSECTION OF GALLAGHER ROAD AND BRADY BOULEVARD, AS i MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONI'IGUOUS '10 EXISTIOO MUNICIPAL LIMITS j REDEFINING THE BOUNDARIES OF THE CITY '10 INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL FOR SAID LAND 'ID THE FUTURE LAND USE MAP AS CONI'AINED IN THE COMPREHENSIVE PLAN j ELECTING '10 PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENI'S; PROVIDING FOR THE ZONING THEREOF '10 CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Arthur Rosacker, Jr. and Barbara R. Rosacker, his wife, are the fee-simple owners of a 5.32 acre parcel of land located on the west side of Gallagher Road at the intersection of Gallagher Road and Brady Boulevard; and WHEREAS, Roger G. Saberson, Esquire, as duly authorized agent for the fee-simple owners hereinabove named, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beachj and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Floridaj and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 dwelling ! , units/acre)j and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Low Density Residential 0-5 dwelling units/acre; and WHEREAS, the City I s FLUM designations as ini tially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and provisions of Land Developnent Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LOR Section 2. 2 . 2 (6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of October 21, 1996, and voted unanimously to recommend that the request be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County , Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The North Quarter (N 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, less the West 680.0 feet thereof. The subject property is located on the west side of ; Gallagher Road at the intersection of Gallagher Road and 1 Brady Boulevardj containing 5. 32 acres, more or less. , , Section 2. That the boundaries of the City of Delray Beach, I Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be wi thin the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immuni ties, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. - 2 - Ord. No. 49-96 Section 4. That this arulexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as Low Density Residential 0-5 dwelling units/acre. Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)(4). , Section 7. That Chapter Two of the Land Developltent Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District CF (Community Facilities) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading j as to land use and zoning, thirty-one ( 31 ) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of the land use plan amendment and zoning shall be the date a final order is issued by the DePartment of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No developl1ent orders, developnent permits, or land uses dependent on this amendment may be issued or conunence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the DePartment of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. - 3 - Ord. No. 49-96 -,- i , ! i 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 I I - 4 - Ord. No. 49-96 i i i I I WA TKINS WI I I I ti= N T ~ S MOTOR LINES f-iT 3RII H p 0 I "" H I G N W ,,>n t'T SOUTHERN -U I-- G N, W, 3RD CT, SELF T~~ STORAGE I TEXACO '" ~ . ~ TIRE KINGDOM ~ ~ E 5 u .. W ~ CONKLIN DRIVE .. N.W, 3RD S1, '- :i ,- N, W. 3RD S1, ." N,W, JRD S1, ...J \\ MAZZA DRIVE - <: ~ a:: EXTRA CLOSET Z N W, '2ND Sf, STORAGE .. II CO RN DFIVE t- :i NW 'Nn "T lJ" ... ........................ ........................ " ~E DRIVE POST ! BRADY BL \10, ~ OFFICE i 0 = ~ , "r <( ~ gs f\ ~ ".".,,."."."."." BARRETT ST. I" BOYS U" .. t"l1V "U'TC: ,. FARMERS c ..... = 'n ^ MARKET ) ~ FRANCES OR. '-- - ,-- TRAILS ~ END I I I / PLAZA ELLWOOD OR, - (j a:: ii!r-- w '" - '''' IAI f'I f'l n ~r- "" ...J " '- ~ ~ '" '" ,.- FRANWOOO OR. ... '-'-- K. F. C. I I I I'A' N E S L 33 CANAL - - " . - i'.. I I I I I 1\\\\\\\\ \ >- r-- ,r--o. '--""",,""'" P.!!!i: ---RRO~ OR......., 0:: ---- /~ ~ <: r-- ;. ____ ~ ././ -:::::/ ~ ~;:::;:::~ ~ - ./~ - I- DELRA Y Ii It: ~ ./V ~ K-MART SQUARE o <.) - PLAZA !oJ ... V/"A:;..- ----./ 3: ...J - ;::;~ ::::it: ~..... ~ a. Ii/ ~ y<( - X V ::; /' ::::::e: ::::c;:: lD ::E o "'''''''':V'''''-:: /. ,?-V ~c, ~Zl ~ a. ~ ~____ /~ /~ v~ ~-;:; .. ~ 'V;:: r::::~ l:::';:: Iv" O~ o ~:V-~A ~ ~ U'ST ~ _ L/' ~;::: ~:::>./ g; ~+~ ~ <(-~ I:: ~ /J: ~ ~..............3 ~'?' ~0' PU8L1X ? '....... ./ ALLIANCE e .... ~ ~ V ::::'V ......../ ~ -- CHURCH ~ ~ ~ ~ ~ ~ ----r:::: :::::::::: vO .VI 8 Q.. 8 -J ~ ~N rdNr- Rr ~ 11)0 Q..-<: +'f GREA T FIRST -.... II)~ I - o 0::> 0 ~ WESTERN UNION \ :j -<: ~ WEST '- ~ ATLANTIC AVENUE "... r I II " " '" I N ROSACKER ANNEXATION & FUTURE - PL^NNINC DEP^RThlENT LAND USE MAP AMENDMENT CI T'( Of DElRA Y BE^CH. fl -- DIGITAL BASE IMP SYSTEM -- MAP REf: LM102 ,;, i- ( ;," ;~M L ' _~I,iJ1i,_lltll'~ TO: DAVID T. HARDEN, CITY MANAGER ~~ THRU: DIANE DOMINGUEZ, ~TOR DEPA~lM~N;r OF p, NNING AND ZONING 'I ~ . FROM: SUBJECT: MEETING OF NOVEMBER 5, 1996 ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 (MEDIUM DENSITY RESIDENTIAL - 5 DUlAC) TO CITY LOW DENSITY RESIDENTIAL 0-5 UNITS PER ACRE. AND INITIAL ZONING OF CF (COMMUNITY FACILITIES) FOR A PARCEL OF LAND LOCA TED ON THE WEST SIDE OF GALLAGHER ROAD. AT THE INTERSECTION OF GALLAGHER ROAD AND BRADY BOULEVARD (ROSACKER PROPERTY). ~::;.:::i;':j:::;:j:j:,::,::;j.'::,::j;;"'-j:::::',::::j:Ij::;;li:::I~[-IQ~:Re~lJl:$*I:D,gFxHIi~qMNO$~I(::)t,I"'::'j:'::::,:i::':'r::::::::::::;:;::1 The action requested of the City Commission is that of approval on first reading of an ordinance annexing a 5.32 acre parcel of land, changing the Future Land Use Map designation from County MR-5 to City Low Density Residential 0-5 units per acre, and applying an initial zoning designation of CF (Community Facilities). The subject property is located on the west side of Gallagher Road, at the intersection of Gallagher Road and Brady Boulevard. ~::;::,:j:':::;::i:::::::::;::j,:::;::,::,;:::::t"i::::,::",::::,,::;i:;""!:)";:.':",,:,j:j,j,:::';::'j';:,:@:,':,::::::aAPKGRQUNO)::'..:(."j,;i",!:i.;:,:,::,:,,"::'-':::;:,,:;..;,,:,:;::.:<;::::..::,:::,~ The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property contains an existing single family residence with a tennis court and a swimming pool. City Commission Documentation Meeting of November 5, 1996 Annexation, Small-Scale FLUM Amendment with initial zoning of CF Page 2 The subject property is a 5.32 acre parcel having a County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City Low Density residential 0-5 dulac, and apply an initial zoning designation of CF (Community Facilities). The accompanying development proposal is to establish a religious retreat which involves conversion of the existing structure and three building additions to house up to 47 individuals along with associated parking and landscaping improvements. The retreat will be a place where people can pray, receive religious instruction, study, meditate and rest. The spiritual activities at the retreat will be entrusted to Opus Dei, a Prelature of the Catholic Church. Instruction will also include ethics, cultural education, parenting skills, family values, personal habits and virtues. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. I:::::::::::::::::::::::::::::::::':::::::::::i:::'::::::::::::::::::::::::I.II:III:::III::iml~lg::i:llllg:::1111111111;11::::::::;::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::;:::1 At its meeting of October 21, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was only public testimony supporting the annexation, land use map amendment and initial zoning. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, 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). t::::::::::::::::::::::::,:::::::::,::::::i:::,::,:::::,::::::::::::::::::::::::'::::::::::i::::::i::::.::::::::::::::::::::::l:::::::::::::::::lfiIIIMII:gil::'!imtll:t::::::::::::::::::::::::::::::::::t::::::::::t::::::::::::::::::i::::::::::::'[::::::::::::i:::::::::::::::::::::::t:I:::::::::;;::t By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County MR-5 to City Low Density Residential 0-5 units per acre, and applying an initial zoning designation of CF (Community Facilities), based upon the findings and recommendation by the Planning and Zoning Board, and setting a public hearing date of November 19, 1996. Attachments: Cl P & Z Staff Report and Documentation of October 21, 1996 Cl Ordinance by Others . \ . .. PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT--- , MEETING DATE: October 21, 1996 AGENDA ITEM: IV.B. ITEM: Future Land Use Map Amendment from County MR-S (Medium Density Residential-5 units/acre) to City Low Density Residential 0-5 units/acre, and - Annexation with initial zoning of CF (Community Facilities) for' the Rosacker property, located on the west side of Gallagher Road at the intersection of Gallagher Road and Brady Boulevard. -'I' , l A K ( I D A R 0 AD ......\ I IITIII I r ~I II II --< : 1""1 IUd l? ~T\~I I I I Ie ~ GENERAL DATA: -*All1 rIll IT:jVoPI'1 - TIT LCT7 r 1. Owner............................................ Arthur & Barbara Rosacker . l... ~ ~ ['LXYyL'- :..- Applicant........................................ Roseaire Retreat, Inc. - i f ~)";;:'s Agent............................................. Roger Saberson I James ~ ~ I '7 , 7~ L (J.CQJO" f---l. Johnson f-- ~ o..J. If/i IIU_J I .........-- Location......................................... West side of Gallagher :: \$I \ _ I I 111 I I Road at the intersection 1-... ., ... ", - I IT 1r-- of Gallagher Road and .. HIGHPOINr~. '" . I r Y= Brady Boulevard. f- ~,~ ~ Property Size................................. 5.32 Acres v . . ..-l!!L-- ,. ~ . r~ Existing Future Land Use Map...... County Medium Density "- Residential - 5 du/ac =1 :wEST " Proposed Future Land Use Map.. City Low Density .. .. . J' \\ .. ! Residential 0-5 du/ac Current Zoning.............................. County AR (Agricultural ~. 'r Residential) ;;:: .. ... n ! Proposed Zoning........................... City CF (Community .../ ,I [ I I . IIOST = MAG" ..""'. Facilities) omcc f Id ,,11Nd:sLuJD I I Adjacent Zoning...................North: SAD (Special Activities - ,~'r--- " '_.l :. I I District), RM (Medium .... 'A/lUERS i; I I IP,kf"S I Density Residential) - I ; "....! ~ II . East: County RS (Single Family IlIAoU I I I i Residential) ~ 1111111 South: R-1-A (Single Family G.L'IIOCIlI OIl ' 1m I I I I I Residential) "',c. I r~1 '..l..l. '...' I ! West CF I I I ,,"""" I . I Existing Land Use........................ Single Family Residence >- \ Proposed Land Use....................... Annexation and Future Land Use '" i < i Map Amendment of the property ~ llQJOA r : - ~- I IUZA to accommodate a religious .. - retreat. :::I /l- Water Service................................ Available via extension of the or ~ t ; the existing 8" water main, c ~ ~ I within N. W. 2nd Street. .sr '<AIUX ~ ! I I>WNCCE ~ ~ ; A ~ "Ii Sewer Service............................... Available via connection to an _Ar nosr 1 I! .. i ~i I existing 8" sewer main within o IS oalDW _ ' ::t N.W. 2nd Street. llEST ATLANTIC AV[NU( , ~ ] ~j 8NOHCrr N 'AM< --, D(LJI'AT -- <($I PulA scorNS.- . - I ,---.- i I IV.S, 1.::~if:f:l~;1~:i:~~i::~i~:;~::~i;1;!~:~;~~1:~!:~~~:J~ril~m::~:il~I:;:iji~~I~;I:::I:::;::!:!m;!I!::ll1:::~I~llli!:i~I:~!~~r~\~11Iii~rtlli.~:~:11~~~:i!:::~ The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map amendment from County MR- 5 (Medium Density Residential - 5 units per acre) to City Low Density Residential 0-5 units per acre with initial zoning of CF (Community Facilities). LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. . The subject property is located on the west side of Gallagher Road, at the intersection of Gallagher Road and Brady Boulevard, and contains 5.32 acres. The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property contains an existing single family residence with a tennis court and a swimming pool. No land use history is available on this property. On September 6, 1996, requests for annexation, Future Land Use Map amendment and initial zoning were submitted, and are now before the Board for action. The subject property is a 5.32 acre parcel having a County Future Land Use Map designation of MR-5 (Medium Density Residential- 5 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City Low Density residential 0-5 dulac, and apply an initial zoning designation of CF (Community Facilities). The accompanying development proposal is to establish a religious retreat which involves conversion of the existing structure and three building additions to house up to 47 individuals along with associated parking and landscaping improvements. The retreat will be a place where people can pray, receive religious instruction, study, meditate and rest. The spiritual activities at the retreat will be entrusted to Opus Dei, a Prelature of the Catholic Church. Instruction will also include ethics, cultural education, parenting skills, family values, personal habits and virtues. Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 2 1~~~;mltil:::mi.iJ~*I;lg:i~m;JJ.;;111~JI;~li;:~:i:gj;~:jj;~ljltl:jlljj:jtl:jjl~~li::jl;::~iliM:;mmlil~.ililllltlfAtl;Jjili~f\\:~::;~1 Current land Use Designations: The current County Future Land Use Map designation for the property is County MR-5 (Medium Density Residential - 5 du/ac). The current City "advisory" designation for this property is Low Density Residential 0-5 du/ac. Requested land Use Designation: The requested Future Land Use Map change is to City Low Density Residential 0-5 du/ac. . Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statues 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: a The amendment does not exceed either 10 acres of nonresidential land, singularly or in combination with residential use, or 10 acres of residential land with a density of 10 units per acre or less; a The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, a The proposed amendment does not involve the same property owner's property within 200 feet of property granted a change within a period of 12 months. The Future Land Use Map amendment involves a 5.32 acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to Low Density Residential 0-5 dulac is being processed concurrently with a request for annexation and initial zoning of CF (Community Facilities) to accommodate a religious retreat. The Low Density land use designation is consistent with zoning districts which include single family and low density multiple family development. This amendment along with other small-scale amendments processed this year will not exceed 60 acres. This property has not previously been considered for a land use amendment nor have any of the same property owner's properties been granted a land use change within 200 feet or within the last year. Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small.Scale Future Land Use Map Amendment Page 3 Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, the zoning designation must be consistent with the land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a CF (Community Facilities) zoning district. The proposed CF (Community Facilities) zoning designation is deemed consistent with all Future Land Use. Map designations, including the proposed Low Density Residential 0-5 du/ac land use designation. The proposed use (religious retreat) is allowed as a permitted use within the CF zoning district. Consistency between the City and County land Use Designations: The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. The proposed City Future Land Use Map designation for the property is Low Density Residential 0-5 dulac, which is the current "advisory" designation. The City's Low Density Residential designation is consistent with the existing County designation of MR-5 (Medium Density Residential - 5 units per acre). Upon annexation, only the City's FLUM designation will apply. Adjacent Land Use Map Designations. Zoning Designations & land Uses: Nfmb.: North of the subject property has City Future Land Use Map designations of Medium Density Residential 5-12 du/ac and Transitional and zoning designations of RM (Medium Density Residential) in part, and SAD (Special Activities District), in part. The existing land uses include a portion of the High Point West condominium development with a density of 10 units per acre (RM), and the Hudson's Self-Storage, Inc./Extra Closet self-storage facility (SAD). South: The abutting property to the south has a City Low Density Residential 0-5 dulac land use designation and is zoned R-1-A (Single Family Residential). The existing land use is a single family subdivision known as Lee's Crossing, which is currently under construction. - EM1: East of the property, has a Palm Beach County MR-5 (Medium Density Residential - 5 du/ac) land use designation and is zoned RS (Single Family Residential). The existing use is the Kingsland Pines single family subdivision. Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 4 West: West of the subject property has a City Community Facilities - Public Buildings land use designation and is zoned CF (Community Facilities). The existing use of the property is a U.S. Post Office. Allowable land Uses: Under the proposed low Density Residential 0-5 dulac Future land Use Map designation, residential zoning districts which accommodate single family and low density multiple family units (R-1-A thru R-1-AAA, Rl, and PRO) are allowed. In addition, zoning designations of Community Facilities, Open Space, and Open Space and Recreation are also deemed consistent. The applicant has requested an initial zoning designation of CF (Community Facilities) which is consistent with the proposed land use designation. Land Use Compatibility: As described in the Future Land Use Element of the Comprehensive Plan, the proposed Low Density Residential 0-5 du/ac land use designation is applied to land which is developed, or is to be developed at a density of 5 units per acre or less. Such land is usually developed for single family purposes although mixed residential uses may occur under a planned residential zoning district. Homeownership is a characteristic of this designation. Where this designation exists, uses other than low density residential, should not be considered. While the proposed use is not technically low density residential, it is residential in character and impact. Compatibility with the abutting residential developments (High Point, Kingsland Pines, Lee's Crossing) is not a major concern and there are sufficient regulations in place which will mitigate any potential adverse impacts. Compatibility of the proposed CF zoning designation and use are further addressed elsewhere in the report. Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to Jhe municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 5 o The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. Annexation of this property results in the reduction of an existing enclave. Land Development Regulations Governing Annexations: Pursuant to the land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. . CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within "designated annexation area No.4" on the east side of Military Trail north of Atlantic Avenue. Annexation of the territory is consistent with Future land Use Element Policy B-3.4, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future land Use Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north and south of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (BalWick & Lake Ida Roads). . .. Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 6 With annexation, the property will receive an improvement in response time from the current 6.0 minutes of the County's Fire Department (Fire Station #42/Hagen Ranch Road near the Turnpike) to approximately 2.0 minutes for the ~ Fire Department (Fire Station #4 at Barwick and Lake Ida Roads). Water: Municipal water service does not currently exist to the site. Municipal water service is available via extension of the existing 8" water main within N.W. 2nd Street (High Point Section 7). Along the new main, fire hydrants must be installed with a maximum spacing of 500 feet. Also, provisions for future extensions and looping of the main for system integrity will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: The existing single family use utilizes a septic system. Sewer service may be available via connection to the existing 8" sewer main within N.W. 2nd Street (High Point Section 7). Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: This property has direct access to Gallagher Road and Brady Boulevard, which are under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted based upon the maximum development potential allowed under the proposed Low Density Residential (26 single family units) generating a total of 260 average daily trips. This is a "worst case" scenario, as the proposed development is a religious retreat which will generate 115 average daily trips. The traffic study is currently being reviewed by the Palm Beach County Traffic Division. There is adequate capacity on the adjacent roadway network to accommodate the trips generated by the proposed use. Thus, there are no problems anticipated meeting traffic concurrency. Parks and Open Space: The annexation of the property as a religious retreat will not create an additional impact on park and recreational facilities. If the property is developed for residential purposes, a parks and recreation impact fee of $500 per unit would be assessed at the time of building permit. Solid Waste: As there is no change in actual land use at this time, there will be no impact on solid waste disposal. The service provider will remain the same, as described later in this report. The proposed religious retreat use is contemplated to generate less waste than development of single family homes under the current and proposed Future Land Use Map designations. Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 7 Financial Impacts: Effect Upon Annexed Property: For the 1995 tax year the Rosacker property had an assessed value of $513,000.00. A homestead exemption of $25,000.00 has been granted for the property. After the above exemption, the current taxable value of the property is $488,000.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: . Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.5293 Deleted (County) Library .4838 Deleted (County) City Of Delray Beach 6.9500 Added (City) City of Delray Beach Debt 0.9000 Added (City) 4.8369 Difference* * Total tax millage in the County is 19.8142 mills while in the City the total millage rate is 24.6511 mills. The current yearly ad valorem taxes are $9,669.32. With annexation the yearly ad valorem taxes would normally be $11,822.82; a tax difference of $2,153.50. However, as churches are tax exempt, the City will not receive ad valorem taxes. In addition to property taxes, the following is provided with 'regard. to Non Ad Valorem taxes: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc., however, churches are exempt from the stormwater assessment. If the property is not purchased by the church and remains residential or is subdivided for residential purposes, an a assessment of $54.00 per unit would be applied. It is noted that a 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. As the property contains a single family use, this assessment would be imposed in the amount of approximately $40.50. Solid Waste Authority - The Military Trail annexation areas are currently serviced by BFI (Browning-Ferris Industries) which is also the current City provider. Occupational License Fees - As the property is residential in nature, an occupational license will not be required. Thus, there will be no change in occupation license fees. . Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 8 Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES $.00 (Change from 95/96 County of 19.8142 to Ci 94/95 rate 24.6511 mills.(4.8369) NON AD VALOREM Stormwater Assessment $.00 WATER & SEWER UTILITY FEES * $384.00 OCCUPATIONAL LICENSE FEES $.00 ANNUAL FINANCIAL IMPACT: $384.00 * Water and Sewer fees will increase with consumption. SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 6.0 minutes (County) to 2.0 minutes (City) EMS + Faster response time from (estimated time) 6.0 minutes (County) to 2.0 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with property owners Fiscal Impacts to the City: At the 1996 City operating millage rate of 6.95 mills and debt rate of 0.90 mills, the property would normally generate approximately Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future land Use Map Amendment Page 9 $3,855.20 in new ad valorem taxes per year. However, as the development proposal is to establish a religious retreat, no additional revenues will be realized through increased assessment value, annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone), and franchise fees on electric, telephone, and cable. Revenue would be generated however, from building permit and inspection fees, and water and sewer rates. While the minimum water and sewer rate is $384.00 per year, the rate will increase with consumption. ~~.l~~;ilij~~~i~~i;~~~~i~i~I~~tiili~l\l~~fi~ftl~I~\li[l:it!~~ltl~iltlr..III~l:lllil.,,,.\'.1~t~ltt.~itl\.\"{'i~~ The proposed initial City zoning designation is CF (Community Facilities) while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: City RM (Medium Density Residential) and SAD (Special Activities District) to the north; City R-1-A (Single Family Residential) to the south; County RS (Single Family Residential) to the east; and, City CF to the west. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: 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 proposed CF zoning designation is consistent with the proposed Low Density Residential 0-5 du/ac land use designation. The proposed CF (Community Facilities) zoning designation is deemed consistent with all Future Land Use Map designations, including the proposed Low Density Residential 0-5 du/ac land use designation. Pursuant to LDR 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 religious retreat is allowed as a permitted use within the CF zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. - . Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 10 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 proposal involves the annexation of land containing a single family use. There will be no changes in the manner that water, sewer, drainage, streets/traffic and solid waste services will be provided. Fire, EMS and Police will shift to a different provider, however, all of these services will be equal to or better than existing services (see annexation analysis for details). . COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The subject property contains an existing single family residence along with a tennis court and swimming pool. A site visit was conducted and did not reveal and any code violations. Any future development will be required to comply with all land Development Regulations. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(0)(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 making 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 has been identified. Conservation Element Policy 8-2.2: Whenever and wherever significant or sensitive flora and fauna communities are identified pursuant to Policy B- 2.1, they shall be preserved as if the were environmentally sensitive areas as identified in Objective 8-1. It is noted that a tree survey has been submitted which identifies a variety of tree species which are worthy of preserving or relocating. With a site plan submittal a Biological Assessment of the ~ite must be submitted. The study must address any federal or state listed protected species of flora or fauna. Based upon the tree survey mitigation measures may need to be taken to preserve the existing trees. This item will be further reviewed at the time of site and development plan review. Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 11 Land Use Element Objective A-1: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property contains a variety of mature trees. With future development, mitigation measures must be taken to preserve a portion of the trees. By preserving the existing trees and structure, and requiring future building additions to provide a residential character, the property can be developed in a manner that will be complementary to the adjacent residential area. Further, the project will retain a quaint and rural setting which would otherwise be removed to accommodate a new single family subdivision. Section 3.3.2 (Standards for Rezoning Actions): Standard Band C is not applicable with respect to this rezoning request The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. The property is designated vacant residential on the Neighborhood Categorization Map. However, the properties to the north (High Point West) and east (Kingsland Pines) are noted as Stable residential. The rezoning is required in conjunction with the annexation request. The proposed zoning designation is not a designation other than CF, thus, 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 initial CF zoning designation will accommodate the proposed religious retreat as a permitted use. Compatibility of the proposed use is not a major concern as the use will be residential in character and there are existing regulations that will mitigate any potential adverse impacts. It is noted however, that while the proposed use may be appropriate, other permitted and conditional uses within the CF zone district may not be appropriate. These other uses are commercial in character and would not be appropriate interior to a residential neighborhood, where access requires travel through the residential neighborhood. Further, other uses have various components which are not appropriate in a residential area. .' Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 12 Thus, if the religious retreat is not established, it is appropriate for the property to be rezoned to a residential designation. Section 2.4.5(0)(5) (Rezoning Findings): Pursuant to Section 2.4.5(0)(5), in addition to the 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: . That the zoning had previously been changed, or was originally established, in error; . That there has been a change in circumstances which make the current zoning inappropriate; . 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: "The applicant is applying for annexation of this property into the City. The annexation requires that the applicant apply for an appropriate zoning designation. The CF is being sought as it is consistent with the proposed City Low Density Residential 0-5 du/ac land use designation, and accommodates the proposed use of a religious retreat. If Comment: The justification statement addresses Item "c" as the basis for which the rezoning should be granted, however, Item "b" is also applicable. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Defray Beach reserve annexation area. As the property is being annexed into the City, the existing AR zoning is inappropriate. The requested zoning is of similar intensity as that allowed under the proposed City low Density Residential FlUM designation. Thus, the CF zoning is more appropriate given the proposed use of the property as a religious retreat. ~1~jt,~fJi~i:~j~~f.i:~tij~~~~jN~~j~1~~1~~;W.~t.i~~~~Iil:~lrlfi1AVtJ.fl}Wl~:~~ljM;~j~111&'Ig[i*I~I_&l._1J.I~DA~t~fti: The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 13 Palm Beach County Notice: On September 23, 1996 the Palm Beach County Planning Division was notified of the City's intent to annex this property. Palm Beach County has submitted a response stating that it has no objection to the annexation request. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distribute~ the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: o High Point Sections 1-7 o Kingsland Pines Ad Hoc Committee o PROD (Progressive Residents of Oelray) o United Property Owners Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ri~illl!;i~i~~iliiii~~~1~~~iii~ili~~t.lJiI1l1ltlltll_I~IJi~il.ltl~tlli.l{tililll~I~1tI~llk~t~l Accommodating the annexation of this property is consistent with the City1s program for annexation of territory within its Planning and Service Area. The requested low Density Residential 0-5 du/ac Future land Use Map designation is of the same intensity as the current County MR-5 land use designation. The application of an initial zoning designation of CF is consistent with the proposed land use designation and use of the property as a religious retreat. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. With ownership of the property by a religious group, the parcel will be exempt from Upon development of the property as a religious retreat, ad valorem taxes, stormwater assessment fees, franchise fees, and utility taxes. However, additional revenues would be generated from building permit and inspection fees, and water and sewer rates. . Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 14 If the annexation is approved, it is anticipated that a site and development plan submittal will follow. Compatibility of a specific development proposal with the adjacent developments will be addressed during review of a site and development plan request. ~~~:. .:I~~~j,~~llKI,t=)il~I~~1111111l11If!il~lll{~~~Al_I~I~lfl$;~:: ..:. ..' . :.. .:.. ..: ~..~~ A. Continue with direction. B. Recommend approval of the Annexation, Small-Scale Future land- Use Map amendment from County MR-5 to City low Density Residential 0-5 du/ac and initial zoning designation of CF (Community Facilities). C. Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City Low Density Residential 0-5 du/ac and initial zoning designation of CF (Community Facilities) with the basis stated. li~;;1~~ji~~~~J!!i~!~~~~!~~~~~:~jii!~~~!~~f,~fi~l;im:l~il:j!II~~!1~1Ii~I~:li!M:i!1M~~I~jl~li~ljl~ilfll~jttij!jjfl~1~jtl\~ll(~li1~j~;1jiltli.~~i:~~1!jtllijl~ Recommend approval of this Annexation, Small-Scale Future land Use Map amendment from County MR-5 to City Low Density Residential 0-5 du/ac and initial zoning designation of" CF (Community Facilities) based upon positive findings with respect to lDR Section 3.1.1, Section 3.3.2, Section 2.4.5(D)(5), policies of the Comprehensive Plan, and the following: A. That the property is contiguous, reasonably compact and does not create an enclave; and, B. That services will be provided to the property in a manner similar to other properties within the City. Attachments: o Location Map o Survey This Report prepared by: Jeff Gostello. Senior Planner . ~~ '0(' ~I I - U.' _,..", lXl! '-:':::'-"'=::;"3: - .>._- ~ ..... ~.",....,... ..... -------;::r.;------.1-- -.OYoFiJ:Jm:Jv,"'1"iyn--_.-....;. .--1- )0 (1r' ,."--,,--,, ..... .~ ".... :.. .:.. =- " t...... It,_ u." ~ ~ :..... ~ .. 0 .!to Jto I.....~~~ -.c: ~ ..... .. ..z~.t}~f' ..... , ? ''''''lSr'"I>>~.JI_'.' ", JaMb .. PC ..",:-. ). ~. ~ >>-b..... : -(' 0:.. . ~ ~ ~ '0 :: ' I l:O , ~. "- .. .. - .. ~ .\ . ~ .. ~ ~ .0 ~ '0 - .. ~ · " l . . .. .. ~ l:o -:!.r - \{\ j~. ~o . t.-. ;'t - .\ ~ 1~ -. .... ?: ~ : .i .. ... ~ ~! ~. 1 ... "0 . t t.. '.0 ."~o po. .. i ' !-- '0 , - j . .\ ~ .. .. x. i ". .0 "0 01""./ ,.;.-; '" .. /' ' .. ~ ./ .... /' ~... .-,...... .-- .. '" -- ~...-'/ / ..~ - \'0 .u. -/ ,:. 11 .. ~ ~ l ..,,,.. ~... 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".. f'W. . 0....,. .,.. , ". w ~ ~ ~ ':0 ,,~ ~ ,! ~~ 1:1 t ' "'I.. ~ r ~ ..~ .. . ' '-. 'Y .i' (c~,,. ~M) U)M. ,,,~ ,q _0. I",""" ~~ ... ... .... IW- --~. .....-...,.. ,_"."... .It ~)I_ .Og-gvf" --'- x~ ~~ . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t!Jvf. SUBJECT: AGENDA ITEM # ItA C' - MEETING OF NOVEMBER 5 I 1996 ORDINANCE NO. 5o-96/PROPERTY TAX EXEMPTION FOR CERTAIN IMPROVEMENTS TO HISTORIC PROPERTIES DATE: NOVEMBER 1, 1996 This is first reading for Ordinance No. 50-96 amending the Land Development Regulations Section 4.5.1 "Historic Preservation Sites and Districts" allowing for a property tax exemption for certain improvements to historic properties. This item was denied by the Commission in June, 1995. This amendment addresses the concern expressed by the Commission when first presented, that the ordinance did not require that improvements be made to the exterior of structures. These changes have been made to the ordinance to ensure that the improvements being made will affect the exterior of the structure. This amendment adds to subsection 4.5.1 (M) a tax examption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section 4.5.1(M) (4). For an improvement to an historic property to qualify for an exemption, the improvement must "include, as part of the overall project, visible improvements to the exterior of the structure." The Planning and Zoning Board considered this item at its meeting of October 21, 1996 and recommended unanimously that the amendment be adopted. Recommend approval of Ordinance No. 50-96 on first reading. If passed, second reading and public hearing is November 19, 1996. fJ~ 5 ~o ORDINANCE NO. 50-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRA Y BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 4.5.1 (M), "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO AUTHORIZE AD VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES; ESTABLISHING REQUIREMENTS AND PROCEDURES; DESIGNATING THE HISTORIC PRESERVATION BOARD TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE CITY COMMiSSION; ESTABLISHING PENAL TIES; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the citizens of Florida amended the Florida Constitution, Article 7, Section 3(e), to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation or rehabilitation of the historic properties; and WHEREAS, the Florida legislature enacted Sections 196.1997 and 196.1998, Florida Statutes (1992) to govern the allowance of such exemptions; and WHEREAS, the City Commission desires to create a partial ad valorem tax exemption for qualifying improvements of historic properties as a means to encourage more restoration, renovation and rehabilitation of such properties and to stabilize and improve property values in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subsection 4.5.1 (M), "Tax Exemption for Historic Properties", to read as follows: 4.5.1 (M) Tax Exemption for Historic Properties. (1 ) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section 4.5.1(M)(4). Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 100% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. (2) The above exemption does not apply to: (a) Taxes levied for payment of bonds; (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property. (3) Duration of Tax Exemption (a) The exemption period shall be for ten (10) years, beginning Jan.uary 1st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesser term if requested by the property owner in the original application. (b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. (4) Effective Date of Exemption. The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser. (5) Qualifying Properties and Improvements. (a) The following real property in the City is qualifying property for the purposes of this ordinance if at the time the exemption is approved by the City Commission, the property: (1 ) is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended, or (2) is a contributing property to a National Register-listed district; or (3) is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and 2 ORD. NO. 50-96 (4) has been certified by the Historic Preservation Board as satisfying (a)(1), (2), or (3). (b) For an improvement to a historic property to qualify the property for an exemption, the improvement must: (1) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; (2) be determined by the Historic Preservation Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended; . (3) be consistent with Section 4.5.1 (E), "Development Standards", of the City's Land Development Regulations; and (4) include, as part of the overall project, visible improvements to the exterior of the structure. (5) Evaluation of Property Used for Government or Nonprofit Purposes. (a) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by. the Department of State under Section 617.013, Florida Statutes. (b) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. (6) Application for Exemption. (a) Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must file a written application with the Planning and Zoning Department. The application shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources. Part 1 of the application, the Preconstruction Application, shall be submitted before qualifying improvements are initiated and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The Final Application shall contain the Historic Preservation Exemption Covenant, as provided for herein. 3 ORD_ NO_ 50-96 (7) Part 1. Preconstruction Application. (a) A Preconstruction Application shall be filed with the Planning and Zoning Department before the qualifying project is initiated. The Preconstruction Application shall also contain information concerning the proposed cost of the qualifying improvement and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. Upon receipt of the Preconstruction Application, the Historic Preservation Planner shall review the application and determine whether the application is complete and whether the property satisfies the requirements of Section 4.5.1 (M)(4)(a) and is therefore eligible for review by the Historic Preservation Board. . (8) Review of Preconstruction Application by the Historic Preservation Board. (a) The Historic Preservation Board shall review the Preconstruction Application within 60 days of the Historic Preservation Planner's determination of eligibility. The exterior portion of the work shall be reviewed in accordance with the Certificate of Appropriateness process simultaneously with the Part 1, Preconstruction Application. If site plan approval or a variance is required for the project, the respective applications shall be presented to the Historic Preservation Board in conjunction with the Certificate of Appropriateness review process. A Preconstruction Application which requires a Certificate of Appropriateness shall not be considered until the Certificate of Appropriateness is approved by the Historic Preservation Board. (1 ) If the Historic Preservation Board determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1 (M)(4), the Preconstruction Application and, if applicable, the Certificate of Appropriateness shall be approved by the Historic Preservation Board, and the Board shall issue a written order to the applicant. (2) If the Historic Preservation Board determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1 (M)(4), the applicant shall be so advised in writing. (9) Issuance of Other Permits or Approval. (a) The Building Department must review and approve all Preconstruction Applications with respect to the applicable code requirements before issuing a building permit. The Building Department shall review all plans prior to the Historic Preservation Board's review. 4 ORD. NO_ 50-96 (10) Part 2. Final Application/Request for Review of Completed Work. (a) If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1 (M)(4), the Board shall approve the Final Application/Request for Review of Completed Work and issue a written order to the applicant. The City will inspect the completed work to verify such compliance. The review of the Historic Preservation Board shall be completed within thirty (30) days of the receipt of the Final Application/Request for Review of Completed Work. (b) The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cost of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, AlA Form 702-703, canceled checks, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documents, the Historic Preservation Board shall conduct a review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work described in the Preconstruction Application, approved amendments, if any, and Section 4.5.1 (M)(4)(b). After the above review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. (c) If the Historic Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1 (M)(4), the applicant shall be advised that the Final Application has been denied. Such denial shall be in writing and the Historic Preservation Planner shall provide a written summary of the reasons for the determination. (11 ) Appeal to the Historic Preservation Board's Decision. (a) Review and reversal of any action taken by the Historic Preservation Board is appealable to the City Commission pursuant to Section 2.4.7(E), "Appeals". (12) Approval by the City Commission. (a) Upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the Final Application shall provide the name of the owner of the property, the property address and legal description, require the owner to record the restrictive covenant as provided in Section 4.5.1 (M)(13) in the official records of Palm Beach County as a condition 5 ORD. NO. 50-96 of receiving the exemption, the period of time the exemption will remain in effect, and the expiration date of the exemption. (13) Historic Preservation Exemption Covenant. (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant shall be in a form as established by the Department of State, Division of Historical Resources, and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. . (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212.12(3), Florida Statutes. (14) Completion of Work. (a) An applicant must complete all work within two (2) years following the date of approval of a Part 1 Preconstruction Application by the Historic Preservation Board. A Preconstruction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Preconstruction Application. (a) The City Commission, upon the recommendation of the Historic Preservation Board, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. (15) Notice of Approval to the Property Appraiser. (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the Preservation Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City 6 ORD. NO. 50-96 Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. (b) The resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before March 1 st of the year in which an exemption is requested. (16) Revocation Proceedings. (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Historic Preservation Board shall provide notice to the current owner of record of the property and hold a revocation hearing in the same manner as in Section 4.5.1 (M)(1 0), and make a recommendation to the City Commission. (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 4 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,1995. 7 ORD. NO. 50-96 . ATTEST: MAYOR City Clerk First Reading Second Reading . 8 ORD. NO. 50-96 ~ CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 5, 1996 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: ADD ITEM 7.A.A. TO THE PRESENTATIONS Certificate of Achievement for Excellence in Financial Reporting for 1995 from the Government Finance Officers Association (GFOA) . ADD ITEM 12.D. TO THE FIRST READINGS ORDINANCE NO. 55-96: An ordinance amending Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", of the City Code to add and delete definitions; to provide that Spanish Wells condominium shall receive rear door/side door service; to provide for Country Manors, Imperial Villas and High Point subdivisions to receive centralized vegetative waste and bulk trash pick-up; clarifying that vegetati ve waste may not be placed in roll-out carts; clarifying the use of mechanical containers, the disbursement of recycling containers, and lawn maintenance and landscaping companies disposal sites; stating the times permitted for placing garbage receptacles at curbside; clarifying that roll-off compactor units and containers that service residential or multi-family units are included under the franchise agreement. 'f< . / L- < i~fJ\ [ITY OF DElRR\~ BERtt~ CITY ATTORNEY'S OFFICE 20Cl !"w 1st ,\\'E!"CE . DELRAY BEACH, FLORIDA 33444 FACSI~IILE 4U7,278-4755 Writer.s Direct Line: (407) 243.7091 DELRAY BEACH f l 0 I I D ... bed AJl.America City MEMORANDUM , ~ III! DATE: November 5, 1996 1993 TO: City Commission ~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Amendment to "Garbage and Trash" Ordinance On October 15, 1996, the City Commission approved an amendment to the "Garbage and Trash" Ordinance on first reading. Second reading of the Ordinance is scheduled for November 5, 1996. Prior to the second reading, it has come to the attention of City staff that other changes are needed on the Ordinance. The changes involve a new service and rate for the Country Manor, Imperial Villas and Highpoint Subdivisions as they will receive curbside disposable bag service with centralized vegetative waste and bulk trash pickup. The other change in the ordinance provides for a clarification that rolloff compactor units and rolloff containers that service residential or multi-family units for garbage and trash collection are included under the Franchise Agreement. If a homeowner's association or similar body already has an agreement with another carrier for the collection of garbage and trash from the rolloff compactor units, then BFI shall assume collection of those rolloff compactor units upon expiration of the contract. 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 November 5, 1996 City Commission agenda for first reading. Please call if you have any questions. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk O/JIJ.:tI55-9~ Joe Safford, Finance Director ~ ,Sf ~ $-0 11/6/9b @ ~'~'_C~~~ Rc~"~,c::i Pa~"" , " - -_ '.~', . ,_ '"I.... - ;,..J__, ORDINANCE NO. 5 5-96 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 DELRA Y BEACH, BY AMENDING SECTION 51.01, "DEFINITIONS", TO ADD AND DELETE CERTAIN DEFINITIONS; BY AMENDING SECTIONS 51.02, "DUMPING ON PROPERTY OWNED BY OTHERS PROlllBITED", 51.20, "BUllDING MATERIALS", 51.21, "COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONsmILITY FOR TRASH COLLECTION", 51.22, "VEGETATIVE WASTE", 51.23, "BULK TRASH", 51.35, "CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", 51.39, "MAINTENANCE OF CONTAINERS", 51.40, "PLACEMENT OF CONTAINERS AND TRASH; PRE COLLECTION PRACTICES", 51.45, "CONSTRUCTION AND DEMOLmON SITES", 51.71, "PAYMENT AND BILLING", 51.72, "METHOD OF BILLING", 51.73, "DELINQUENT PAYMENTS; LIEN" AND 51.75, "PERSON BILLED FOR WATER SHALL BE RESPONSmLE FOR CHARGES" TO PROVIDE CLARIFICATION; 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 AND TO PROVIDE FOR A CURBSIDE DISPOSABLE BAG SERVICE WITH CENTRALIZED VEGETATIVE AND BULK PICKUP; BY AMENDING SECTION 51.37, "USE OF OTHER UNITS AND CONTAINERS", TO PROVIDE FOR COLLECTION OF ROLLOFF COMPACTORS FOR RESIDENTIAL UNITS; BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE A RATE FOR THE CURBSIDE DISPOSABLE BAG SERVICE WITH CENTRALIZED VEGETATIVE AND BULK PICKUP; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the residents of Spanish Wells wish to have Rear-DoorISide-Door Service rather than Curbside pickup; and, WHEREAS, the residents of Country Manor, Imperial Villas and Highpoint Subdivisions wish to have curbside disposable bag service with centralized vegetative and bulk 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 DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51. 0 1, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.01 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; 1 ORD. NO. -96 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 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 refrigerators, 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 ofDelray Beach, Florida, or the City's authorized agents or contractors. City Mana2er: Shall be the City Manager of the City of Delray Beach or hislher designee. Collection: 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 from time to time by the Department and Chapter 17-7, F .A.C. Contractor or Vendor: Browning-Ferris Industries of Florida, Inc. DeDartment: Shall mean the Florida Department of Environmental Protection. Desi2nated Facilitv: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Solid Waste Authority or the City Manager. 2 ORD. NO.55_96 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. Garba2e: 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 from the storage, preparation, cooking or handling of food materials whether attributed to 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. Garba2e Receotacle: Shall mean any commonly available light gauge stee~ 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 of Del ray Beach. Loadin2 and Unloadin2 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 from 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 from 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 of ten (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 free of any advertising or other information other than a 8-1/2" x 11" sticker with the name, address, and telephone number of the Contractor. Multiole Dwellin2 Units: Shall mean any building containing five (5) or more permanent living 3 ORD. NO. SS.96 units, not including motels and hotels. Parkin2 Lots: Commercial and public lots designed for the parking of any vehicles with the exception of residential parking. 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..., aDd iBellidmg sidewalk>s, grass strips, 1mB ORe half ef adjaeeBt eDeys:- 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 from 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 Projects: 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. 4 ORD. NO..5S-96 RollotT 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 waste shall not include any other type of waste, including, but not limited to, Special Wastes, Garbage or Recyclable Materials. Roll-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 lateR that will keep the lid elosed if the em shoald Be Imaeked ar Blay;m oyer. Sia2le F8IBiIv Resideatial Uai.: ~'uty EJ...veUiBg ~laee desigfied ta Be ase1:tf3ied By aRe family. Slude: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. Special 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. Vee: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. R-esideats sftell Bag or eORtaiflerize aD gt'a5S elip~iags, lea'..es, ~iRe 8:eedles, 8Bd similar smalllaase items ';:henever possible. Large VegetatF/e 'Naste items mast Be Rot mere t-haB six (6) feet in leRgth ar fifty (50) paliftds ift weight, aR<4 shall Be ~laeeti Beatty at the aurB. Vegetative Waste does not include any form 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 BY resideRts is aeeeptaBle for oorbside ~ielw~ if em to the speeifieatioRs ROteti aBove. Section 2. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.02, "Dumping 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. 5 ORD. NO. 5.5:.96 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, "Types of Services Provided for Picking up Garbage and Trash", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.18 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 fesideBtial1:Hlits of the City shall have roll out cart curbside pickup, except for the areas listed in sections (B) and (C). The customers in ~ area~ receiving cart service shall be required to use roll-out carts furnished by the City. These ems shall heooffie the pfoperty of the resideRt after fF;e years. (2) These roll-out carts shall be furnished by the City (or its' Contractor) and shall ),eeome the pr'6perty of the eustomer after a period of five years remain the property of the ~. 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 unit ar eaeh UM is a fIH:lltiple tt.velling tHlit (Bot semeed with meehBnieal eaataifters); 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 Ea garileB sa yar-tl wash 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. 6 ORD. NO. 55_96 (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 each week on regular schedules and routes as detennined by the City or its' Contractor from the rear, side, or front of and adjacent to the served residences, 8ftEl 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 with centralized vegetative waste and bulk trash pickup. (1) For the residential area of the City located at Imperial Villas~ 8ftEl Country Manor and Highpoint, 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 detennined by the City or its' Contractor from the front of the served residence.. ,. whisk BUist be in loeatiofls aEljaeeftt to tile 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 serviee speeifieally eJlehldes eoHeetioft of vegetatv/e waste aad b1:llk trash, &BEl fefBO'.'8l of that rdUse shall be at additiofHll eharges as set by the City or its' Cofttraetor. All vegetative waste and bulk trash shall be placed in centralized locations agreed upon by the customer and the City or its' Contractor for collection on one of the scheduled earbqe collection days. (0) 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 of lack of suitable space for a mechanical container or other good reason. In this case a mechanical container may also include rolloff compactors or rolloff containers that exceed 10 yards capacity. ill Business establishments. churches. schools. office buildings and other establishments that receive commercial service may use mechanical containers or roll out carts. !ID Recycling program. (1) Each residence of the City receiving residential service shall be provided two recycling containers for the accumulation and collection of mixed paper, glass, plastie aaa allHBHtlilR ana other recyclable materials. 7 ORD. NO. SS-96 (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 mixed paper reeyelahles recyclable materials. (3) The containers referred to in divisioft 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 divisioB RItl (1) above, such collection shall be made on one of the regular refuse collection days. For condominiums and apartment complexes referred to in ElhisioB 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 51.20 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 from 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 from 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 from 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 51.21 COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS: RESPONSmILITY 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 &rea. S ORD. NO.5S-96 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: 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 clippings. 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. hex: leese ',egetative waste aad ooRdle larger items 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 from 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 9 ORD. NO. 5.6-96 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. (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, refrigerators, 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. (0) It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refrigerator, or container with a locking device unless the door has been removed. This prohibition shall not apply to any appliance, refrigerator, 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 of Del ray 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 unla'.vful for the owner of any real property in or from which litter is accumulated or produced to fail to must provide, suitable receptacles and containers. These containers must be kept in an accessible location for collection and must be &Be at all times to keep in. a St:Iitable plaee Feaeily aeeessible to the City eolleetioR er.ews ar private eolleetioB ageaeies, aeeEl'iate aM Sl:Iitable reeeptaeles &Be eOBtaifters 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 shall 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. 10 ORD. NO.S5-96 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 B:Bd eempaetor eeHtaiBers or IiIEe similar constructionlbulk containers orl-compactor equipment may be excluded from regular collection by the City or its' Contractor, subject to the provisions of Sec. 51.16. However. rolloff compactors or rolloff containers. regardless of the size or capacity. that service residential or multi-family units for garbage and trash collection. shall be collected by the City or its' Contractor. 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 aRe yare 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 stonn 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 stonn 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 use 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. (0) Garbage and trash. It shall be unlawful to place~ in garbage rece-ptacles. trash which has not been drained of all liquids ift gnage ree6ptaeles. 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. 11 ORD. NO. 55_96 (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. (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 1::lse of or the depositiag of any garbage or trash iato mechanical eofttainers shell aRly be by these I'ersans, eatities, or eustsmers to 1',.'AiOm meehanical eoRtaiBers ar~ assigned or 1',.\..ftO ar-e I'ayiBg fer these meehanieal eeataiRers. (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 from 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. W 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, 12 ORD. NO. 5.5.96 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-free 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. (B) '.'llh.ere eoaerete or &By ot.aer S\iBstaaee pef1ftaaeBtly aftixes itself to the r-oea maee, eMlsing the s1:Hfaee to Be \:Hleven, it shall Be imme6iately fefRoyea By persoas respoasible. The teAB "ResB8Rsihle Pen8R" ased iR this seetioa shaIlme&B the Elriver of the vehiele wftieh. deposited the Mstaaee oato t.ae Mfeet, his employer, the o",wer of t.ae Feal property, or the prime eeakaetor in eherge sf a esastruetioB site from whefe the su9staaee originates. 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 Del ray 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 (SiRgle FamU,') Service (Sin2le Familv Homes. Duolexes. Triolexes. Ouadolexes and Mobile Homes) Curbside Rollout Carts Monthlv Service Cost Per Unit Garbage 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 Reardoor Owner Container.a. Monthlv Service Cost Per Unit Garbage Collection 7.85 Recycling 1.40 13 ORD. NO. 55..96 Yard Trash 1.30 Bulk Trash 0.20 Total Fees -COntractor 10.75 Administrative Fee 0.35 Franchise Fee (5%) 0.54 Total Fees 11.64 Curbside DisDosable Ba2s With Centralized Ve2etative Waste and Bulk Trash PickuD.u. Monthlv Service Cost Per Unit GarbageJTrash Collection 1.55 Recycling G:3S-1.21 Yard Trash 1.30 Bulk Trash 0.20 Total Fees -COntractor ~4.26 Administrative Fee 0.35 Franchise Fee (5%) ~0.21 Total Fees ~4.82 .a. This FeaNeeF seFViee shall eBIy he pF&Vided te resideBtial aRas leeated East ef the IBtnleea,tal Waterway aad Sherweed Park. .u. This eurlJside dispesahle hag seF\'iee shall ealy he pre\'ided te resideatial areas leeated at Imperial Villa, aad Ceuatry Maaer. (B) Rftideatial (Multi-Family) Service Maltiple family fl...,...elliftg tlMS e0BtaiBiBg fStlr 1:1MS may 1:1se r'0l1 stlt earls 0f meeheieal e0Btainers. 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 eeBtain 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 Container Monthlv Maintenance Ch8l'2e Container Size Monthlv Cost Franchise Fee Total Container Fees 2 yd. 19.40 1.94 21.34 3 yd. 21.44 2.14 23.58 4 yd. 22.21 2.22 24.43 6 yd. 25.53 2.55 28.08 8 yd. 27.09 2.71 29.80 14 ORD. NO.SS:96 CoUection" Hauline Rate Per Unit (Based on a Bi-Weeklv Pickuo) Monthlv Service Monthly Cost Per Unit Refuse Collection 1.35 Recycling 0.80 Total Per Unit Fees-Contractor 2.15 Administrative 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 &REi oommereial fefttSe eentamer serviee. Commercial customers shall include all customers other than residential or multi-family customers. ,. but not be limited to, all oftiee buildings, stor~s, filling stations, serviee establishments, light industry, sehools, ehurtlhes, e~s, lodges, motels, laundries, hotels, publie buildiBgs, food serviee, ana 10dgiBg establishmeBts. Commercial customers may use any of the following containers for accumulation of refuse: (a) Commereial refuse eoatamers. Roll Out Carts. The City shall require any commercial customer needing more than six refttse eoBtaiBers 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 thaB sac refuse eontamers 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 a 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 garbage se trash serviees: Commercial Rates (Monthlv) Container Pickup Frequency (Per Week) 15 ORD. NO.S5'-96 Collection $ 8.76 $17.50 $ 26.26 $ 35.02 $ 43.76 $ 52.52 Disposal $ 13.35 $ 26.69 $ 40.04 $ 53.39 $ 66.73 $ 80.08 Container Maintenance fee $19.40 $19.40 $ 19.40 $ 19.40 $ 19.40 $ 19.40 Total - Contractor Fees $ 41.51 $ 63.59 $ 85.70 $107.81 $129.89 $152.00 Franchise Fees - loo"" ~ ~ l..!dl $ 10.78 .l.ll.22 $ 15.20 Total Fee. $ 45.66 $ 69.95 $ 94.27 $118.59 $142.88 $167.20 Collection $ 13.13 $ 26.26 $ 39.39 $ 52.52 $ 65.65 $ 78.78 Disposal $ 20.02 $ 40.04 $ 60.06 $ 80.08 $100.10 $120.12 Container Maintenance fee S 21.44 ~ S 21.44 $ z.lM $ 21.44 S 21.44 Total. Contractor Fees t 54.59 $ 87.74 $120.89 $154.04 $187.19 $220.34 Franchise Fees. 10% $ 5.46 S 8.77 S 12.09 l.1MQ $ 18.72 S 22.03 Total Fee. $ 60.05 $ 96.51 $132.98 $169.44 $205.91 $242.37 Collection $ 17.50 $ 35.02 $ 52.52 $ 70.02 $ 87.54 $105.04 Disposal $ 26.69 $ 53.39 $ 80.08 $106.77 $133.47 $160.16 Container Maintenance fee $ 22.21 l1Ul l1Ul Uill $ 22.21 $ 22.21 Total - Contractor Fees $ 66.40 $110.62 $154.81 $199.00 $243.22 $287.41 Franchise Fees (10%) L2M t.!.L.Q2 $ 15.48 U2.2Q 11m $ 28.74 Total Fees $ 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 Disposal $ 40.04 $ 80.08 $120.12 $160.16 $200.20 $240.24 Container Maintenance fee $ 25.53 ~ $ 25.53 ~ ~ S 25.53 Total- Contractor $ 91.83 $158.13 $224.43 $290.73 $357.03 $423.33 Franchise Fees (10%) Lill $ 15.81 1nM U2.Q1 lli1Q S 42.33 Total Fee. $101.01 $173.94 $246.87 $319.80 $392.73 $465.66 Collection $ 35.02 $ 70.02 $105.04 $140.06 $175.06 $210.08 Disposal $ 53.39 $106.77 $160.16 $213.55 $266.93 $320.32 Container Maintenance fee liLQ2 $ 27.09 $ 27.09 $ 27.09 $ 27.09 $ 27.09 Total - Contractor $115.50 $203.88 $292.29 $380.70 $469.08 $557.49 Franchise Fees (10%) ~ $ 20.39 ~ $ 38.07 ~ $ 55.75 Total Fees $127.05 $224.27 $321.59 $418.77 $515.99 $613.24 95-Gallon Cart Service Pick-uos oer week Monthlv Chan:e * Franchise Fee Total Fee (Month) 1 5 26.15 5 2.62 5 28.77 2 5 50.87 5 5.09 5 55.96 3 5 77.02 57.70 5 84.72 4 5102.46 510.25 $112.71 5 5127.90 512.79 $140.69 6 5152.63 515.26 $167.89 *These rates include collection and container maintenance fees. Note: The foregoing rates are based on 523.00 per ton (51.54 per cubic: yard), whlc:h I. the antlc:lpated SolId Waste Authority tipping fee to be eft'ec:tive Oc:tober 1, 1996. (D) The charges set forth above for mechanical containers and roll out carts oommereial refuse eoataiaer 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. 16 ORD. NO.55_96 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) Comnensation: The City shall pay the Contractor compensation for the perfonnance 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) BilIine: 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 Rental/Purchase 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. 17 ORD. NO.5S-96 (C) DisDosa) 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. 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. l\Jl eommereial et:lstemers sfteH he servieed at least olte (1) time per week: for r-emse aBtt re~ling and mere Boefl\::leBt.Jy hasee \::II'Oft the afBOliftt of refuse geaeratee. All Hmlti family eustomers shaD he servieed at least efte (1) time per y.veel[ for r~se and reeyeliBg. If the ametmt of r~se gefterated r~s mor~ thall two (2) times per YJ.'eek eelleetioB., theft the third (31'S) and all SHbsequeftt eolleetiofts shell he eharges the eommereial eolleetioft rate only. 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 franchise fee as determined by the City added. The Contractor shall remit all franchise 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 franchise fee and administrative fee as determined by the City added. The Contractor shall remit all franchise 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... I'rEYlided that Ygarbage and trash collection service charges shall be itemized separately on that statement. However, the City's contractors shall bill the customers receiving meehanieal eelttaiBers ed eemmer-eial r-efuse eeBtamer serviee multi-family and commercial service. as set forth in Sec. 51.70, the monthly service charges for that service... wIHeft This may include a late fee in the amount of 1.5% of the unpaid balance for delinquent accounts receiving meehanieal eeatamers ailS eommereial remse eomaiBer multi-family and commercial service... em that My 18 ORD. NO. 55-96 deliftt}lleat bills sftaII in the altematiye be refemble t6 the City for oolleetioft purSUSflt to the provisiefts set forth in 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: Section 51.73 DELINOUENT PAYMENTS: 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 .citt eeBtraetor in the amount of 1.5% of the unpaid balance on delinquent customer accounts receiving residential service. meelumieal eeR1eHlers aREl eeRHBer-eial r-emse eoataiaer serviee or the ooBtraetor may refer ealleetioR to the City purStlfHrt to the provisioRS set farth in tflis ehapter. 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 may sheD file a lien against the property and may pursue foreclosure of the lien; as in the ease of a mortgage, 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 services 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 therefof'C:l, except that wherem no water service 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. PASSED AND ADOPTED in regular session on second and final reading on this the_ 19 ORD. NO. .55.96 day of . 1996. MAYOR ATTEST: City Clerk First Reading Second Reading d151ord.rcv 20 ORD. NO. 55-96