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01-03-95 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING JANUARY 3, 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or acti- vity conducted by the City. P],ease contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD) , 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations) . The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3 . ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. 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 to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. 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 or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City will neither provide nor prepare such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of December 6, 1994 Regular Meeting of December 13, 1994 6. Proclamations: A. Recognizing and commending the Delray Rocks B. Martin Luther King, Jr. Day - January 16, 1995 C. Teller Appreciation Week - January 22 thru 28, 1995 7. Presentations: A. Certificate of Achievement from Government Finance Officers Association (GFOA) for Excellence in Financial Reporting 8. Consent Agenda: City Manager recommends approval. A. AUTHORIZATION FOR USE OF FUNDS /MAD DADS, INC. : Authorize the use of a $3,000 funding allocation to Mad Dads, Inc. for a Mentoring Retreat to be held February 2-5, 1995, at Gold Coast Christian Camp. B. UTILITY EASEMENT/SUN BANK ON WEST ATLANTIC AVENUE: Accept an easement deed from Sun Bank on West Atlantic Avenue granting a utility easement over a 12 ft. by 18 ft. rectangular parcel in the northwest corner of the property to provide access to an existing fire hydrant. C. FINAL PAYMENT/ECKLER ENGINEERING: Approve final paYment in the amount of $752.32 to Eckler Engineering for engineering -2- services related to the Hydrogen Sulfide Control System for the sanitary sewer collection system; with funding from Renewal and Replacement - Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83). D. MODIFICATION OF STANDARDS OF APPROVAL/BOAT LIFT AT 958 EVE STREET: Authorize a modification in the standards for approval as set forth at LDR section 7.9.11(A) to allow a boat lift at 958 Eve Street to extend more than 10 feet over the waterway from the seawall, based upon positive findings. E. ADDENDUM NO. 5 TO LEASE AGREEMENT WITH BDBBS, INC. (BUCKY DENT BASEBALL SCHOOL): Approve Addendum No. 5 to the lease agreement between the City and BDBBS, Inc. (Bucky Dent Baseball School) to provide for the paYment of sales tax. F. LICENSE AGREEMENT WITH SENIOR SPECIAL EVENTS, INC.: Approve a license agreement between the City and Senior Special Events, Inc. to permit SSE to hold events associated with two senior sporting events in 1995. G. AMENDED TRI-PARTITE AGREEMENTS/CRA SUBSIDIZED LOAN PROGRAM: Approve the amended Tri-Partite Agreements between the City, the Community Redevelopment Agency and various banks for the CRA's subsidized loan program. H. OUTSIDE LEGAL COUNSEL FOR PENSION MATTERS: Approve the appointment of Jim Linn with the firm of Lewis, Longman and Walker as outside legal counsel to assist the City regarding pension matters. I. RESOLUTION NO. 1-95: Approve a resolution assessing costs for abatement action required to remove nuisances on 24 properties throughout the City. J. RESOLUTION NO. 2-95: Approve a resolution assessing costs for abatement action required to remove an unsafe condition on pro- perty at 701 S.W. 9th Street. K. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - three-year lease of copier (Xerox 5355) for Police Department - to the Xerox Corporation via Florida State Contract, for a total of $21,240 for the 36-month period. Funding is available from Police Support - Equip- ment Rental and Leases (Account No. 001-2113-521-44.30). 2. Bid Award - to Chemical Sales Corporation for Muriatic Acid (HCL-Hydrochloric Acid), in the estimated annual amount of $12,534.60, with funding from General Operating Supplies (Account No. 441-5122-536-52.20). 3. Contract Award - to RPM General Contractors, Inc. for laboratory modifications at the Water Treatment Plant, in the amount of $46,999 with funding from W/S Capital Outlay -3- - Water Treatment Lab Expansion (Account No. 441-5161-536- 63.41). 4. Bid Award - to Gateway 2000 in the amount of $20,808 for computer equipment for the Police Department, with funding from Other Current Charges (Account No. 115-2112-521- 49.90). 5 . Lease/Purchase - to Motorola Communications and Electronics, Inc. , for 30 hand-held radios for the Fire Department, with financing by Barnett Bank, for a total cost of $31,681.11 over a three year period, from Rescue Service - Other Machinery and Equipment (Account No. 001-2315-526-64.90) . 6. Bid Award - to Murray Logan Construction, Inc. to install the Bay Street Stormwater Pump Station/Basin Drive Pump Station Rehabilitation, in the amount of $347,610 a. Deduct Change Order No. 1 in the amount of $143,744 to Murray Logan Construction, Inc. which deletes the Basin Drive pump rehabilitation in its entirety. b. Bid Award - to Hydro Pumps, Inc., in the total amount of $66,144 for furnishing a vertical one-pump system for Basin Drive Station and a vertical two-pump system for Bay Street Station ($43,644) and includes backup pumps for each station ($22,500) . Funding sources are Basin Drive Pump Station (Account No. 448-5461-538-62.23) in the amount of $20,886; and Nassau/Bay Street Pump Station (Account No. 448-5461-538- 62.29 ) in the amount of $249,124, through budget transfer from 448-5411-538-63.90. 9. Regular Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting 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 December 12, 1994 through December 30, 1994. B. CONDITIONAL USE REOUEST/SHELL GASOLINE STATION: Consider a conditional use request for the Shell Station at the southeast corner of Atlantic Avenue and Congress Avenue to allow the demolition of the existing facility and reconstruction of a gasoline station with a convenience food mart and car wash facility. C. TRI-PARTY PROPERTY ACOUISITION AGREEMENT: Consider a Tri-Party Agreement between the City, County and Delray Islands, Inc. for the acquisition of a 2.26 acre parcel owned by Delray Islands, Inc. , located on the south side of Lake Ida Road, west of N.W. 10th Avenue. The City's share of the acquisition cost is -4- $83,082.00, with funding from Stormwater Utility Fund (Account No. 448-5411-538-63.90) . D. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/POMPEY PARK POOL FUNDING: Consider an Interlocal Agreement with Palm Beach County for funding of up to $170,000 for construction of the Pompey Park swimming pool. E. SERVICE AUTHORIZATION NO. 14/GEE AND JENSON E.A.P. , INC. : Consider Service Authorization No. 14 in the amount of $28,170.00 to Gee and Jensen E.A.P. , Inc. for consulting engineering services for the Seawall Reconstruction Project; with funding from the City Seawall Construction Program (Account No. 334-3162-541-61.93) . F. FLORIDA LEAGUE OF CITIES/PROMOTIONAL TELEVISION SPOTS: Consider a $500.00 contribution to the Florida League of Cities for promotion of television spots featuring Florida cities; with funding from Contingencies (Account No. 001-6111-519- 99.03). G. TEMPORARY USE PERMIT/CHRISTIANS REACHING OUT TO SOCIETY MINISTRIES: Consider a request from Christians Reaching Out to Society Ministries for a temporary use permit to allow approximately ten (10) recreation vehicles to park on a site in the City from approximately January 27 through February 10, 1995. H. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three regular members and one alternate member to the Code Enforcement Board for three year terms ending January 14, 1998. I. EMERGENCY REPAIR SERVICE/MOLLOY BROTHERS, INC. : Consider emergency purchase order to Molloy Brothers, Inc. in the amount of $14,664.00 for repair of broken sewer main on Casa Way in the Lago DelRay subdivision west of Homewood Boulevard. Funding is from Renewal and Replacement - Manhole Rehabili- tation (Account No. 442-5178-536-61.84) . 10. Public Hearings: A. ORDINANCE NO. 98-94: An ordinance amending Chapter 32, Subheading IIEducation Board", of the City Code to provide for two student members on the Education Board, and providing for their qualifications. B. ORDINANCE NO. 99-94: An ordinance amending Chapter 37, "Delray Beach Code Enforcement 11 , of the City Code to bring it into conformance with Florida Statutes Chapter 162 in granting the Code Enforcement Division greater power and discretion in dealing with code enforcement violations. -5- 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 5-95: An ordinance amending Chapter 96, IIFire Safety and Emergency Services 11 , Subheading IIEmergency Medical Services 11 , of the City Code to revise definitions, enact new fees, provide for a method for collection of fees, and designate the Fire Department as the provider for advanced life support and emergency medical services within the City of Delray Beach. If passed, public hearing on January 17, 1995. B. ORDINANCE NO. 1-95: An ordinance repealing Chapter 112, "Alarm Systems" , of the City Code in its entirety, and enacting a new Chapter 112, IIAlarm Systems 11 , to provide for the regulation of alarm systems. If passed, public hearing January 17, 1995. C. ORDINANCE NO. 4-95: An ordinance rezoning a 10.23 acre parcel of land from PC (Planned Commercial) District to RM (Medium Density Residential) District. The subject property is located on the south side of Lindell Boulevard, between South Dixie Highway and South Federal Highway. If passed, public hearing on January 17, 1995. D. ORDINANCE NO. 3-95: An ordinance amending Section 4.4.10, "Automotive Commercial (AC) District" , Subsection 4.4.10(H) , "Special Regulations", of the Land Development Regulations by adding a subparagraph (5 ) to provide for relief from open space requirements, subject to required findings. If passed, public hearing on January 17, 1995. E. ORDINANCE NO. 2-95: An ordinance amending Section 2.4.2, IINotice Requirementsll, Subsection 2.4.2 (B) (1) (a), IIAnnexa- tions 11 , Section 2 .4 . 5 (C) , "Annexation of Territory" , and Article 4.2, "Annexation and Initial Zoning" , of the Land Development Regulations to clarify notice and procedural requirements for voluntary and non-voluntary annexations. If passed, public hearing on January 17, 1995. 13. Comments and Inquiries on Non-Agenda Items. A. Commission B. City Attorney C. City Manager -6- ~~ ~ WHEREAS, the Delray Rocks Football Program is sponsored by the Delray Beach Parks and Recreation Department and the players and cheerleaders proudly represent the City of Delray Beach¡ and, WHEREAS, on November, 19, 1994, the Delray Rocks played at Miramar High School and won three (3) championships in the South Florida Youth Football League Superbowl; and, WHEREAS, the 75-pound team (Coach Gerald Lewis) went undefeated this year with a 13-0 record, and also won the National Championship in their division, held on November 24, 1994, in Daytona Beach, Florida¡ and, WHEREAS, the 95-pound team (Coach Gene Taver) and 120-pound team (Coach Walter Stephens) both won runner-up awards at the National Youth Football Championship¡ and, WHEREAS, the 145-pound team (Coach Ben Leonard) also had an undefeated (13-0) season and won the National Championship in Daytona Beach¡ and, WHEREAS, the parents, friends and cheerleaders of the Delray Rocks represented the City of Delray Beach in support of the accomplishments of these young men and their coaches. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the Delray Rocks to be ·CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP POR THE CITY OP DELRAY BEACH, PLORIDAn IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3rd day of January, 1995. MAYOR THOMAS E. LYNCH SEAL to.A. fM WHEREAS, January 15, 1929, was the birthday of Dr. Martin Luther King, Jr; and, WHEREAS, January 16, 1995, will be observed as Martin Luther King, Jr. Day in honor of the memory and ideals of Dr. King; and, WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain equality of opportunity for all Americans; and, WHEREAS, Martin Luther King, Jr. was instrumental in the advancement of equality for all Americans; and, WHEREAS, January 16th should serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the rights of all Americans. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January 16, 1995, as MARTIN LUTHER KING, JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforts and sacrifice made by Dr. King on behalf of all Americans. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3rd day of January, 1995. MAYOR THOMAS E. LYNCH SEAL 0. B· o~ tJ71 WHEREAS, the Institute of Financial Education, Palm Beach County Chapter 148 honors all tellers of financial institutions; and, WHEREAS, the tellers of financial institutions have a high degree of responsibility¡ and, WHEREAS, tellers are required to maintain a pleasant and friendly attitude every single day¡ and, WHEREAS, tellers not only transact negotiable instruments, but develop personal and business relationships with their customers¡ and, WHEREAS, tellers are required to explain complicated policies and regulations, determine customers' needs, as well as detect and prevent fraud¡ and, WHEREAS, tellers are the front line good will ambassadors for the financial institutions. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim January 22 through January 28, 1995, as TELLER APPRECIATION WEEK in Delray Beach, Florida, and urge all citizens, businesses and organizations to join together in recognizing and showing appreciation for the service provided by tellers of financial institutions. IN WITNESS WHEREOF, 1: have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3rd day of January, 1995. MAYOR THOMAS E. LYNCH SEAL b'C · .. - --- --- --- --- --- --- RECEIVED --- GOVERNMENT FINANCE OFFICERS ASSOCIATION OCT 24 1994 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700. Fax: 312/977-4806 CITY M~a" ~-...,,<: nFFICE October 14, 1994 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Harden: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended September 30, 1993 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Milena L. Walinski, Assistant Finance Director. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1993 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION ~9· ~ Stephen J. Gauthier Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street, NW" Suite 650, Washington, DC 20006 'l·A· 202/429-2750 . Fax: 202/429-2755 - ~ Z "'....- U.- t:t ~ '::0) ~ §~~!~ ¡:::....¡:::..::: ~ ~ ~~~ ~ .5 ~ ~ 5 ~_ °E ~ m ....~ ..... ni - " · ~ ~.~~~ ,.,. <3È~·· fT' '" '" .... ..... _ . " - .¡¡ ~ .-~i~ ~ ~õ'-] ..... ~ .!< '" ~ . U ~ ......:::'" ~~~~E .., ~l!§-. J "" t:: ..... ~ e 11 ~ '" o .. J¡ "," .. '" .~ ~ ....~~~<::>. ~ .-j ..... Õ ,.-<>0 oj ~. " .... ~ . .j¡ - .~ Z 0 _§_..li8 .. U ....~ " " " 11 i} ~ .-j o ~ u -!i.e"_O' '" r.......rl QJ " ~ '!!- · - ;; ~ '" L' -" ~ "'.s t ~ 11 0 ~ (!) ....,...t ~ <Il ·rl .S - U·- <>0. ..Q ....... ~~ ". ~~. 0 ...... <::> <::> ~ '-> ;::: L- r.n ....., O'rl i} ~ " '- - ... I-< ;;; rl QJ '" - .1,'.... ~ ìi u '" oj _ 1"1. ~u _.ae- · 0 u _ "'..... :3' ~ .S ._,,". t!""'4 v ;: ~.. ~ ~.-!i".t ,.,... oj " c' ~ 0'- """ i} · _ d ~ -"~ .___,0 O ~ ~ ...... .r-! '- .S·- t; c.o ~ ",".u- .... oj " '" "- o. .S .S · U (t\ ~~...,«::~1: ~ '" .,~... ,". ."" ., u_ ... QJ~ ..~i1'J'." ..... v <r-i (t\ " .... ¡;::.- ........ ~ ~ ... ~ 'rl .. " " E " .. " .< oj ... ~_ _~~o.- t:: oj ~ ~ <Il " "'õ'0 i}·fo a . ~ U -r-! 0 c.o~ §:E ,¡>j ~ ~¡:¡ ~ ~ II ..... <;;; Z «:... t:: ..... .., ·rl '" (/) ..... u 8""'0 Z d Cl) Þ-I ~ ~ Cl) .~ ~ :> d o::J ~ 0v 0 Cl)...o ...o~ Q ~~ ~ ~ < M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # i·A· - MEETING OF JANUARY 3. 1995 AUTHORIZATION FOR USE OF FUNDS/MAD DADS. INC. DATE: DECEMBER 30, 1994 This is before the Commission to authorize the use of a $3,000.00 funding allocation to MAD DADS for a mentoring retreat scheduled for February 2-5, 1995, at Gold Coast Christian Camp. During the budget process, the Commission approved $3,000.00 for use by MAD DADS to sponsor a community "special event" activity. The group is now asking for approval to spend the money for the mentoring retreat described in the support documentation. Recommend approval of the request from MAD DADS to use the $3,000.00 allocation for their proposed mentoring retreat. ~ðn~ ref:agmemo6 . . , . Agenda I tem No. I Fit I . AGENDA REQOES~ Date: 12/23/94 Request to be placed on:' X . Regular Agenda Special Agenda Workshop Agenda When: 1/3/95 Uescription of agenda item (who, what, where, how much): MAD DADS Mentoring Retreat February 2-5, 1995 ORDINANCE/ RESOLUTION REQUIRED: Y£S/NO Draft Attached: YES/NO Recommendation: Commission Action Department Head Signature: [£i~~ ~. : I Determination of Consistency with Co»prebensive Plan. , . . City Attorney Review/ Recommendation (if applicable), . Budget Director Review (required 00 all ite.s involving expenditure of funds): - Funding available. YES/ NO Funding alternatives: . (if applicable) Account No. & Description: Account Balance: . City Manager Review: Approved for agenda: (9/ NO ¿j-f Hold Until: . Agenda Coordinator Review: Received: . Action: Approved/Disapproved MEMORANDUM TO: DAVID HARDEN, CITY MANAGER I FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~ RE: REQUEST FROM MAD DADS, INC FOR FUNDING OF THEIR FIRST MALE MENTORING RETREAT SCHEDULED FOR FEBRUARY 2 - 5, 1995 DATE: DECEMBER 28, 1994 ITEM BEFORE THE COMMISSION: Consideration of funding request in amount of $3,000 from MAD DADS, INC. to facilitate a two night, three day retreat at Gold Coast Christian Camp for male students between the ages 10 to 15 years old. The activity is scheduled for February 2 - 5, 1995. BACKGROUND: MAD DADS had requested during the budget process, a funding allocation of $3,000 to sponsor a community special event activity_ The Commission approved the budget allocation. MAD DADS is now asking that these dollars be made available for the proposed Male Bonding Retreat, which is a part of their Youth Development Program. The activity will benefit forty (40) Delray male youth, between the ages of 10 to 15 years old, using ten (10) adult male mentors. The Mentors will be comlng from members of local minority Greek organizations, Police and Fire Departments and MAD DAD members. All workshops will be facilitated by invited professionals who will be providing their serVlces in-kind. Charles Ridley is the overall coordinator of this activity. RECOMMENDATION: Staff lS recommending City Commission consideration of the funding request as proposed by MAD DADS in the amount of $3,000 for the Youth Male Retreat to be held February 2 - 5, 1995. / ~ Greater Delray Beach Chapter P.O. Box 1057 Delray Beach, FL 33447 OIarlcs Ridley 407-276--t223 BcD BryaDt 407-274-4213 Mœ ~ DcIfrocIioa . Dcúodia& A&W DR:s aM Social Dim« MAD DADS -- ADUL T MENTORING PROPOSAL MAD DADS of Delray Beach has a primary interest in the yåuth òf our community. We are developing an Adult Mentoring Program to allow inner-city children to bond With adult role 'models. Although we are interested ,in helping all children, this particular segment of our Mentoring Program will deal with inner-city males. We have contacted black fraternal organizations, the police department and the fire department to provide us with the necessary mentors. Although we are not restricting ourselves to these. sources, we feel they will be our primary source. To begin this program, we are planning a two night, three day activity at Gold Coast Christian Camp. Planned activities at the camp will include the following: 1. Cultural activities 2. Workshops 3. Sports activities 4. Fun and games 5. Hiking 6. Group discussions The total lJumber of participants will be 50 (25 children, 25 mentors). The expenses are as follows: 2 nights, 5 meals $50 per person supplies, pizza party, etc. $500 Total Cost: $3,000.00 The objective of our activity on this weekend is to establish a bond between the child and the mentor which will continue on through the child's formative years. We are requesting funding for this program in the amount of $3,000.00. We appreciate your concern for our target group of children and welcome any assistance you can provide. ¡ M.A.D. D.A.D.S. of Greater Delray Beach, Inc. - - .' MAD DADS AFTER SCHOOL YOUTH DEVELOPMENT PROGRAM MAD DADS 1.S a nationwide affiliation of local, autonomous organizations. One of the missions of MAD DADS 1.S to help youth from disadvantaged communities develop the skills needed to become responsible, productive citizens and leaders. We have a research youth program at national and local grassroots level (i. e. Boys and Girls Club, Rocks football team) . We have interviewed recreation professionals, teachers, adolescent therapists, social workers and youth league coaches. Most importantly, we have talked with parents and youth and have gained valuable insights as to what kinds of program activities that will help our youth grow into mature, constructive adults. MAD DADS will provide a diverse program to attract and retain youth with a wide variety of interests and needs. This can be accomplished by offering an after school program with six core components. These components are as follows: 1. CUltural Enhancement: This program will allow youth to develop self-esteem, creativity, multi-cultured appreciation, exposure to and development of skills 1.n crafts along with the visual, performing and Ii terary arts. Examples: Roots festivals, arts and crafts, drama, dance music, drill teams and journalism. 2. Health and Physical Education: This program will help youth achieve and maintain fitness, acqU1.re a broad range of physical skills, develop a sense of teamwork and lead a healthy, active lifestyle. Examples: Health examination, personal hygiene discussions, track and field, team sports and drug education. 3. Social Recreation: This program will help youth to get along with others, make new friends and provide opportunities for fun and constructive use of leisure time. Examples: parties, dances, chess clubs, debate clubs, board ga.rne tournaments and game room tournaments. 4 . OUtdoor and Environmental Education: This program will help youth to develop an awareness, appreciation and knowledge of the environment through program activities or setting. Examples: camp1.ng, community litter/trash removal campa1.gns and gardening. -2- 5. Citizenship and Leadership Development: This program will help youth understand their heritage, contribute to the community and provide opportunities for planning. Examples: City youth council, city official for a day, voter registration drives and community service programs. 6 . Personal and Education Development: This program will help youth to prepare for their future, offering assistance in resolving personal crisis and provides opportunities for career exploration and education enhancement. Examples: mentoring, homework assistance, career exploration, employability skills training, etiquette and appropriate manners and conflict resolution. ~oaram Deliverv Methods - The way the programs are delivered helps ensure diversity ln program appeal. The three basic approaches are as follows: 1. Individual 2. Small group (not more than 8) 3. Large group Staffino and Human Resources - One of the most critical factors for achieving this mlSSlon lS the quality of staff leadership. Career professionals and others who plan, organlze, supervise and lead activities, must have an understanding of our youth, our families and our environment. DQ2 YouthPr-o.MD . . Proposed Activities Appropriate Manners and Etiquette Arts & Technology Camping City Government Day Computer Skills Conflict Resolution Dance Drama Drill Team Drug Prevention/Education Field Trips Gang Prevention Inter-Generational Programs Journalism Martial Arts Mentor Program (corporate, individual, peer, group) Music Personal Hygiene Photography Remediation Rite of Passage Science & Technology Team Play/Track and Field Tutoring , d< t9?t1 £ITY DF DELIAY BEA£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 . FACSIMILE 407/278-4755 Wr.1.ter·. D.1.rect Lo.1.ne DELRA Y BEACH (407) 243-7090 f L 0 It I 0 " b.ftd AI~America City , III I! MEMORANDUM Date: December 6, 1994 1993 To: City Commission From: David N. Tolces, Assistant City Attorn~ Subject: Utility Easement - Sun Bank West Atlantic Avenue The attached easement was obtained from Sun Bank in order to provide a location for utilities. The easement is a 12 foot by 18 foot rectangle in the northwest corner of the property. Acceptance is recommended. Please call if you have any questions. DNT : smk Attachment cc: David T. Harden, City Manager Sharon Morgan, City 'Clerk's Office Dan Beatty, Acting City Engineer sunbank.dnt . ® Printed on Recycled Paper ~·5· Prepared By: Louis L. Hamby III, Esq. Alley, Maass, Rogers & Lindsay, P .A. P.O. Box 431 Palm Beach, FL 33480 WC#71 EASEMENT DEED THIS INDENTURE, made this _ day of , 1994, by and between SUNBANK/SOUTH FLORIDA, NATIONAL ASSOCIATION, party ofthe first part, and the CITY OF DELRA Y BEACH, a Florida municipal corporation in Palm Beach County, State of Florida, party of the second part; WIT N E SSE T H: That the party of the first part, for and in consideration of the sum ofTen (SI0.00) and other good and valuable consideration to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of utilities with full and tree right, liberty, and authority to enter upon and to install, operate and maintain such utilities under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See "Exhibit A" Sheet 1 of 2 and 2 of 2 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 that portion ofland described above, to effect the purposes of the easement. This easement shall be subject only to those easements, restrictions and reservations of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any kind of construction or improvements upon the above-described property. The 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, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the party ofthe first part has hereto set its hand and seal the day and year first above written. Signed, Sealed and Delive~~(t in the Presence of: - STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me this ~day of ÎI a II ~ , 1994, by Douglas K. Sinclair, Sr. Vice-President of SunBanklSouth Florida, National Association. .......... ..~~.. / ! ~., OFFICIAl 'EA' otary Public, State of : .: BARBARA R. CARL Vii :. ~ .: My Commission Expires Florida ·0 . ~: Ocl. 31. 1997 R. Q.t\l~h~,v ..~~ dI'!..' Comm. lio. CC 326012 'iS1\ ~ lht\~\ I\- -.. ()J f\'! .... ....... Print Name of Notary Public Commission #: C. c:. 3'J..Io 0 \ ê- Personally Known L or Produced Identification Type of Identification Produced < E)(#/ð/T 'f4" WILLIAMS. HATFIELD AND STONER. INC. Z31ZWlLTON DRIVE ENGINEERS· PLANNERS. SURVEYORS FORT LAUDERDALE. FLORIDA SKETCH AND DESCRIPTION IE' L/TN./TY ¿:;A.5êM¿=/v/ 6'C-9¿~ IN, ~' A:7/h'T OF C!tJMMé'A.CE/JféA/T A/W Q;I.e¥¿,<£ 5r!!':;;'f/. SCy", .5êCT/tJN /4- -4~. 4ê ATLANTIC AVENUE I f /.#7..73' ..%~ J.t." '" ~- 1"0 ~ .,.,..~.,. mlAlT OF ~ 334.4C-v- 8 ð!'GI#,vING "- ( ~. /2.t)' - -~ . ~-- ,~ I 1 ~. . ~f1 6~ "- ~ I ~ ~ '\') ê fa 5t¡JtI/1.eë - }V~.sT LINê"./ ~ F~T <:::. ~ , ~ ~ " t7F,j"E:/~. $ç7.£ " I':" '::I \~ "; ~ f'\ ~ I¿>.ð' I ~ s¿;/)/ .ðAA/'¿ WC-.5T ¿?~¿eAY ð¿::ACII 1 I I t I ! . ~~ \ ~IAD ~_ ~ ~ ð '. ----~---- 3.74.47' .5'1J~~f / 0/ .e SEAL NOT VALID UN!...!:' '.ALIEC HIERIE WITH ....M EM80SIlED SURVEYO"'S SIKA.... · . CERTIFICATE · . · ~ THIS IS TO CERTtP'V THAT THE SKETCH 'MOWN HE"EON AND THE ATTACHED DIISC"'POTION IS ACCURATE "'NO CO""ECT TO THE n _EST 0" MY KNOWLEDGI: AND 8.1.'1t... AND DOlES HOT "!ltP'RESENT A "'CLD SURveV, I P'URTHII" C."TIP'Y THAT THIS SKETCH AND S DESC"'''TION ....EETS THE MINIMUM TECHNICAL STANDARDS SET "O"TH UNDC" "U"-1It 2IMH·. ".A.C. ADorTIED BV THE P'LORIDA ~ 80A"D 0.. LAttD SURV"YORS. SEPTEM."" 1. ,,.,. .(VI.ION. ....T· -. i\ P'AD,.ïESSIONAL SURVEYOR NO. 4376" . STATE 0," J"LORIDA ~ J:'e'ITH Co .$A#Oée.s .UOZ/6'/"!!.3 I~·AWN I:WIECICID MANAGER .. '-M C; .. K R S .t:135 , , EZJI/ð/T:A .. WILLIAMS. HATFIELD AND STONER. INC. 2.312. WILTON DRIVE ENGINEERS. PLANNERS. SURVEYORS FORT LAUDERDALE, FLORIDA 12' Utility Easement The West 12.00 feet of the South 18.00 feet of the following described parcel: Commence at the Northwest corner of the Southeast Quarter (S.E.!o¡) of the Southeast . Quarter (S.E.!.o) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida; thence Southerly, along the West line of the aforesaid Southeast Quarter (S.E.!o¡) of the Southeast Quarter (S.E.!.¡) of Section 14, a distance of 14.02 feet to the Point of Beginning of the parcel to be herein described; thence continue Southerly along the same course, a distance of '237 feet; thence Easterly, making an angle with the preceding course of 89"35'40" measured from North to East, ~l distance of 334.47 feet; thence Northerly, making an angle with the preceding course of 90"23'28" measured from the West to North, a distance of '237 feet; thence Westerly a distance of 334.41 feet to the Point of Beginning aforedescribed. Said parcel containing 216 square feet, more or less. 5/¡cd ê. of ê - .. !': n . ~ ."VI'.ON' DATil ... ~ ~ I CHCC"&D I MAN"G~ R.5 ~ DAZ/ ,1/09.3 I D_ AWN ... -- ... ,c.es DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: JEFF PERKINS PLANNING TECH I ¡ FROM: RICHARD HASKO, P. E. «, ASSISTANT CITY ENGINEER DATE: JANUARY 2 7 , 1993 SUBJECT: SUN BANK - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - I have reviewed the proposed plans for the above named and have the following comments: 1) Show or provide 12' easement around existing fire hydrant at N. W. corner and along Atlantic Ave. 2) Show swale and swale section on final engineering plans between south property line and proposed parking. 3) Show proposed parking elevations. RH : kt File: Sun Bank DHJCJ27.KT . ;: I 1W'-- II D ex) .-'''''-:' -- ,"-" . ""< ~~""'u I I - =- D ~ > ,~D 1"'') /I <0 '...r "¢ C I -' N ŒJ C'" ~ .-. )- ¡:::: ,,' c~ =, tL U f.1: C ,~: è'.-,,-i ~~~ ' " - l- e. /I ':-'-1 -,"""",,-. N ~_. ~ Z ,-,i . « -' > I- « t « MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf'ltf SUBJECT: AGENDA ITEM # 1. C· - MEETING OF JANUARY 3 , 1995 FINAL PAYMENT/ECKLER ENGINEERING DATE: DECEMBER 30, 1994 This is before the Commission to approve final paYment in the amount of $752.32 to Eckler Engineering for engineering services relative to the selection of a Hydrogen Sulfide Control System for the sanitary sewer collection system. Recommend approval of final payment to Eckler Engineering in the amount of $752.32, with funding from Renewal and Replacement - Lift Station Conversion to Submersible (Account No. 442-5178-536- 61.83). ~CTn~ Agenda Item No. ¡. C . AGENDA REQUEST Date: 12/27/94 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: 1/3/95 Description of item (who, what, where, how much): Staff requests Commission approval of final payment to Eckler Engineering for completion of Services in conjunction with Service Authorization No.6, PN 94-043, for preparation of bid documents for the Hydrogen Sulfide Control System. Final payment is in the amount of $753.32, from P.O. #523375, Account No. 442-5178-536-61.83 (R&R, Lift Station Conversion to Submersible). All submittal materials are received and contract was awarded by City Commission at the December 13, 1994, regular meeting. ORDINANCE/RESOLUTION REQUIRED: lZØ/NO DRAFT ATTACHED lZØ/NO Recommendation: Staff recommends approval of final payment to Eckler Engineering for completion of tasks associated with Service Authorization No.6. ~ DEPARTMENT HEAD SIGNATURE: tp¡)¡¿ /4/Z )J¡r./ 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 (tf ~able) Account No. & Descr iPtion~·iA.~~~~ ·<;~b- Ii; J ~ Account Balance '1 . :i City Manager Review: Approved for agenda: @/NO pM Hold Until: , Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved · MEMORANDUM TO: David T. Harden, City Manager Public Utilities~ FROM: Richard C. Hasko, Deputy Director, SUBJECT: ECKLER ENGINEERING SERVICE AUTHORIZATION NO. 6-HYDROGEN SULFIDE CONTROL SYSTEM (PN 94-043) DATE: December 27, 1994 Attached is an agenda request and a copy of a final invoice from Eckler Engineering for consulting services in the subject regard. The total service authorization for preparation of bid documents for the Hydrogen Sulfide Control System was $12,600.00. Final payment is in the amount of $752.32 from P.O. #523375, Account No. 442-5178-536-61.83, R&R, Lift Station Conversion to Submersible. All submittal materials have been received and the annual contract was awarded by City Commission at the December 13, 1994, regular meeting. RCH:cl cc: William H. Greenwood Robert Bullard Jackie Rooney File: 94-043(D) · E ECKLER ENGINEERING CONSUL TlNG CIVIL ENGINEERS INVOICE City of Delrav Beach Expense Code: 442-5178-536-61.83 Project Number: 94-43 Date: December 7, 1994 Purchase Order Number: 523375 Client Reference No.: 215.EO Task Order Number: 6 Invoice Number: 94-204 Professional Engineering services relative to the selection of a Hydrogen Sulfide Control System for the sanitary sewer collection system. Period Ending: November 25, 1994 PERSONNEL HOURS RATE AMouNT TOTAL .. D. A. Eckler 1 $32.33 $ 32.33 D. K. Hammann 11 $19.00 $ 209.00 T. A. McKloski 12 $17.00 $ 204.00 L. C. Fracasso 3.3 $13.00 $ 42.90 Labor Subtotal $ 488.23 Labor X 3.0: $ 488.23 X 3.0 = $ 1,464.69 EXPENSES Courier $ 53.00 Mileage $ II. 76 Plotting $ 175.00 Photocopying $ 21. 60 Telephone $ 6.65 Tolls/Parking $ 1.50 Expenses Subtotal $ 269.51 $ 269.51 TOTAL $ 1,734.20 Contract Amount $ 12,600.00 Amount Earned This Period 752.32 Amount Previously Earned 11,847.68 Total Amount Earned 12,600.00 Amount Remaining $ 0.00 -'--'---~- .~---'-----'~...---.-~--~-- 9381 WEST SAMPLE ROAD 3051755·1351 CORAL SPRINGS, FL 33065 Printed on Recycled Paper FAX 3051755·2741 M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!Jtt SUBJECT: AGENDA ITEM i f·D - MEETING OF JANUARY 3. 1995 MODIFICATION OF STANDARDS OF APPRpVAL/BOAT LIFT AT 958 EVE STREET DATE: DECEMBER 29, 1994 Pursuant to LDR Section 7.9.4, this is before the Commission to authorize a modification in the standards for approval for a boat lift at 958 Eve Street. LDR Section 7.9.11(A) requires a boat lift shall not extend more than ten (10 ) feet over the waterway from the property line or seawall. In this instance, a four post boat lift extending a total of twenty (20) feet from the seawall is necessary to safely raise the boat since it weighs over 8,000 pounds. In addition, the boat lift will decrease the effect of wake action directly off the Intracoastal Waterway creating safer boarding for passengers. Sixty (60) feet of clear -navigable canal will remain on the waterway. Staff has reviewed this request and recommends that the modification be approved, based upon positive findings pursuant to LDR Section 7.9.4(A) as well as Section 2.4.7(B)(5). ~cm ~ ref:agmemo13 - . , . Agenda I tem No. & . L , "AGENDA REQUeST Date: December 27,1994 Request to be placed on:' x ~r Agenda Special Agenda Workshop Agenda When: January 3, 1995 Uescription of agenda item (who, what, where, how much), Request variance to Section 7.9.ll(A) governing boat lift at 958 Eve Street tor . Gunther Elvers. Four post boat lift necessary because boat is over 8,000 pounds. . ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recomrnenda t ion: Staff is recommendin Commission approve this waiver request to Section 7.9.ll(A) based on it meeting all the criteria of Section 2.4.7 This lift will extend 20'-0" into waterway leaving 60 feet clear navigating canal. . Department Head Signature: Determination of Consist Plana . City Attorney Review/ Recommendation (if applicable) I . . Budget Director Review (required on all iteas involving expenditure of funds): Funding available. YES/ NO Fundinq alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: 1 ~·/i ' Approved for agenda: //YE$/ NO {~ Hold Until: ~ Agenda Coordinator Review: Received:' . Action: Approved/Disapproved · MEMORANDUM TO: David Harden, City Manager FROM: Lula Butler, Director of Community Improvemen~ SUBJECT: Request for Waiver of Section 7.9.11 (A) of Dock Code for Boat Lift for Mr. Gunther Elvers, 958 Eve Street DATE: December 27, 1994 ITEM BEFORE THE COMMISSION: - - Ci ty Commission consideration of w ai ver to the City Land Development Regulations 7.9.11(A) governing the boat lift at 958 Eve Street. BACKGROUND: Section 7.9.11(A) requires boat lifts not to extend more than 10 feet into the waterway. This lift will require a total of 20'-0" from the seawall. As the craft is over 8,000 pounds a four post boat lift is necessary to safely raise it. In addition, the boat lift will decrease the effect of wake action directly off the waterway creating safer boarding for passengers. Pursuant with the provision of Section 2.4.7(B) (5) the literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning therefore, the City Commission waiver is the only avenue for this applicant. The findings of fact are in compliance with the following criteria: (a) This waiver will not adversely affect the neighboring area; (b) It shall not significantly diminish the provision of public facilities. There will be 60 feet clear navigating canal; (c) It shall not create an unsafe situation or cause any problems in the canal or adversely change navigational conditions; or, (d) The boat lift does not grant the applicant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. RECOMMENDATION: Staff is recommending City Commission approve this waiver request to Section 7.9.11(A) based on it meeting all the criteria of Section 2.4.7(B)(5). - Gunther Elvers 958 Eve Street Delray Beach, FL 33483 December 15, 1994 Mr. Jerry Sanzone Chief Building Inspector City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: Boatlift Installation Dear Mr. Sanzone, The purpose of this letter is to request a waiver for a boatlift (cradle style) at my house located at 958 Eve Street, Delray Beach, Florida. I am specifically requesting a waiver of the Delray Beach Development Code 7-911, Article (A) . It is my view that this lifting system is absolutely necessary for the protection of my boat and the safety of the boarding passengers because of wake action directly off the Intracoastal Waterway. Attached is a copy of my Site Plan indicating the location, together with photos, etc. I would appreciate it if you would present this to the board at the next meeting that is scheduled. If you should have any questions, please do not hesitate to call me at ( 407) 265-2743. Thank you for your attention to this matter. \) GE:mjm ENC. . " ---.,,--- ~ ........--..--.. .~.. 1'1 ^ U ~.!~R:.5 ICe-S ~OG~;£, " "r6e t::u~ si~ ~t..~ V' is SAc.t-t ), +~. /- (/ttJe; rl<'. '!l11/(- 0 fOuNrJ ~J<. NAIL. ( (Ufl/JuMDE:.rz.eo) ( UNN vJ:1øe!?tE.f7. _ _ II\.---,r:f~'-.--.__.- _ 958 EVE S11UJ,ET _ ~ 87.33' (PLA7 , . r .. -' I .. ,r. <:::I (. VI I 0/:; r 7-t."¡.R: . ~ AT I t c.¿,r L.. ~(P7D4.~ . OF 90.00'1 " ~ -~--_.._-~] .' .....,.' I . . .PO~·~·:~\\."'···· 'l)~" ~ %í IrZ"¡, ¡¿. _./ .,·f; . ..... - ~ rO¿JN/T7E//.I?" t<::::l>r Lr7.G>I)()¿... ·....·.L~~ ,^'.' ;. ....-;---~--,.....- -.. ~ (IßINI/Mðe. ¡;!:.(3.Ç] ':-1\ ,'.,: 1········· ~ .. '015 O.?'j.J·4 o.?' t \:\...) ',:) '.' k ;: 1 '. .; '. ~ ~.. rì'" . L01' 33 .~.'. '. . '. ó···· . .,' - . .~~~:. ; " I '. "¡,J' "] .' __ . 8.4- . . fl . (. '- " t-O\/Ckl;!? -.... . .~ ,') II ~- . . r__~ "'~ . ':.. '\, "6 :;:;.~ .. ~ t\ "./ ../ ¡ ,,- l\" r- :' 1- 0T0{2-- ,( G. r? 0. ~ . "0 \ r' J;¿ L~ 0 I t7 E. r~ c. ~ '" "'" >S. Ñ -, LOT 34: ("1'), ;. ..-~:... ,,'" "" ~ LOT 32, . . . . .,\ "\,. -10 &" " r . . ~. "'t(i" :~.:. .... ://., . '~ I'-oj . '-'t"", ___________ _________ ~ ~ ';."'\, úOV~p-.e..T7 " . i]. """\, .=:::;---:-~. '.. . .' .... .' ". 6 ~:r'.":""":"c"",,:,,::~,:; co f·le.. r<\ !'Í ... . .,' . '. .' " ~ . . . ',' ",' '. ¿ - ", : '.' ~. FOOL,..' .. . .: ~ ... ~,_~l.'__:/,.:>;/' . ...... ,.,. Ú.L.e,---... ......~.:;..~..;~ '.' :'.... _ .~¡.A¡;.íbl.f~N¿.e " . . . (.-/ ~ r'I (/' . '. "Jr¡. 'D . . '.' .'.'... . .' cJ) .V .... <J "n ,. , . ." ···..j#6 --0.0' 0.0-- ,\)\ J'cP, ~ ~~ ~7:~~_ r.'~~~-,=~.~=~~~_~-,__~.===-T==~:I~.'.__·_~·._:--,'----_--.L.~~~_-i ,~:_'f~'... ~ "J-" . t':.~,_..... ..c::r.ea .I \ ftJUNI/ NJJL. fl?/:";-c' ~ 2ð.. . .;> "'-fov¡J/? N1:¡fL.--¡µ /II c.of.lc.. ~G)¡ ¡I/.JLL- '-... .:fcr . --- -cìliiia- ¿;'ONc-. -1JeAWÞ/..L.- (UNNUJv10f3.R.f;.-r;) 0 (Ut-JNVMF";e:.~T?' . / CANAL - ~ .&..r t1$+ "\ l·' ' {¡vI f [IT' DF DELHA' BEA[H CITY ATTORNEY'S OFFICE 200 NW is! AVENUE· DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 DELRAY BEACH F lOR IDA twa.d F(-"c/ ,- - '\~...'~: ~l~... f-, AlI·America City 1,-. _.I " III! MEMORANDUM DEe 2 B 1994 CiTY' AIÎ¡1'",- f't!r (jFFtCt- 1993 Date: December 27, 1994 To: City Commission From: David N. To1ces, Assistant City Attor:¡f. Subject: Addendum No.5 - Agreement with BDBBS. Inc. (Baseball School) The attached Addendum revises paragraph 3.05 of the Agreement between the City and BDBBS, Inc. (Buckey Dent Baseball School). The original agreement did not include a provision for the payment of sales tax. Pursuant to this Addendum, BDBBS will be responsible for the payment of sales tax. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk bdbbs.dnt ~~cm ~~ 1/-3/95 ® Printed on Recycled Paper fl·E- " ' ADDENDUM NO. S TO LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND BDBBS, INC. THIS ADDENDUM to the Lease Agreement of August 3, 1983, is entered into by and between the CITY OF DELRAY BEACH, FLORIDA, ("Lessor") and BDBBS, INC. ("Lessee") on this day of , 1994. WIT N E SSE T H: WHEREAS, the Lessor and Lessee mutually covenant and agree to amend and modify the Lease Agreement entered into on August 3, 1983 and as further modified in Addendum Numbers 1, 2, 3 and 4 previously executed by the parties, in order to provide for the payment of sales tax on the rent currently paid by the Lessee to the Lessor. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. That Paragraph 3.05 of the Agreement dated August 3, 1983 is hereby amended to read as follows: 3.05. Lessee shall pay to Lessor, as a contribution to utilities, the sum of One Hundred Dollars ($100.00) per month. Lessee shall also be responsible for all appli- cable state sales tax. 3. All other terms and conditions of the Lease Agreement of August 3, 1983, Addendum No. 1 dated October 17, 1988, Addendum No. 2 dated January 7, 1991, Addendum No. 3 dated June 13, 1991 and Addendum No. 4 date October 8, 1993, not in conflict with this Addendum shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor City Clerk Approved as to Form: David N. Tolces Assistant City Attorney WITNESS #1: ;,,~ [~ ¡- ~é) A/ t'. ß /'/'ðN (Print or Type Name) WITNESS #2: y,/U~;ff:\f -%- ~~ ~~ (lrJ /~ C r./ C-l (Print or ype Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 13th day of December , 1994, by B. Michael Wiggins 2 president (name of officer or agent, title of officer or agent), of BDBBS, Inc. (name of corporation acknowledging), a Florida (state or place of incorporation), corporation, on behalf of the corporation. He xDax:peœs1Dnðdci~J!k~bOcxœ~~ has produced Florida driver's license (type of identification) as identi f ication s tfW252-073-58-096-0. ~~,r ....~.....,.. CAROLE PIERPONT Signature of Notary Public - iœ{;~ MY COMMISSION' CC 381523 state of Florida ~: Jrf EXPIRES: July 2. 1998 ~'1,"i.11r..f;'<ffi" BondecI Thru NoIaIY PubIc \IndIII'MtIIII Carole Pierpont Print, Type or Stamp name of Notary Public bucky-l.agt 3 ( ~ , . .,~ ( l- [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 DELRAY BEACH F LOR IDA ...... AII·America City MEMORANDUM 1 ~ III! Date: December 27, 1994 1993 ,. To: City Commission From: David N. To1ces, Assistant City Attorne~ Subject: License Agreement with Senior Special Events. Inc. The attached License Agreement between the City and Senior Special Events, Inc. ("SSE") will permit SSE to hold events associated with two senior sporting events in 1995. The first event is the Gold Coast Senior Games in January. The second event is the West Palm Beach Senior Sports Festival in April, 1995. During the Gold Coast Senior Games on January 12 and 13, SSE will have the right to use 8 clay courts and the clubhouse at the municipal tennis center. SSE will also use the Veteran's Park shuffleboard courts on January 15th. During the West Palm Beach Senior Sports Festival, the City will allow use of 8 clay courts and the clubhouse at the Tennis Center from April 25-27, 1995. SSE will also use the Veteran's Park shuffleboard courts on April 22 and the lawn bowling facilities on April 25, 1995. During both events, SSE will carry sufficient insurance and will also agree to indemnify and hold the City harmless in the event of injury. Approval of the License Agreement is recommended. Please call if you have any questions. ~ (!(JìUJ£ð- en DNT:smk ;/3/95 ) wJ~ ~ Attachment 5E~ún 3{B'XJ.f) tfOY/) l-J I ;;;.~/90 David T. Harden, City Manager ~ 4/;;)$/9S' cc: Alison MacGregor Harty, City Clerk ® Printed on Recycled Paper f·f· · , [IT' DF DELIA' IEA[H DELRAY BEACH f LOll: I [) A tI*I:II 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000 AII·America City , III I! 1993 MEMORANDUM TO: City Commission FROM: Joe Dragon, Assistant Director of Parks and Recreation DATE: December 27, 1994 RE: 1995 Gold Coast Senior Games Senior Special Events, Inc. will hold its first two Gold Coast Senior Games in January and March, 1995. Twenty-one athletic and non-athletic events will take place throughout the county. Previously, the City of Del ray Beach Parks and Recreation Department conducted its own Senior Games and was the only municipality in south Florida to offer such an event. This year the Parks and Recreation Department will combine its Senior Games with Senior Special Events, Inc. in hopes that a county-wide event will offer even more opportunities for seniors wishing to take place in competitive activities. The Parks and Recreation Department fully supports Senior Special Events and the 1995 Gold Coast Senior Games. We look forward to working with SSE this year and providing the organization with three quality venues to help make the Games a success. @ Prmted on Recycled P8.fjer THE EFFORT ALWAYS MATTERS LICENSE AGREEMENT THIS AGREEMENT made and entered into this day of - , 1994 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "City"), and SENIOR SPECIAL EVENTS, I NC . , (hereinafter referred to as "SSE") . WIT N E SSE T H: WHEREAS, SSE will hold the Gold Coast Senior Games in January, 1995 and the West Palm Beach Senior Sports Festival in April, 1995; and WHEREAS, SSE is desirous of locating the lawn bowling, shuffleboard, and tennis events at the City of Delray Beach Tennis Center and Veteran's Park during January and April of 1995; and WHEREAS, the City desires to assist SSE in holding the SEE events in Delray Beach, Florida in January and April, 1995; and WHEREAS, the City believes that the presence of the Gold Coast Senior Games and the West Palm Beach Senior Sports Festival in the City of Delray Beach will grant the citizenry of Delray Beach many tangible and intangible benefits. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: Section 1. Term. The City hereby grants to SSE a license to use the City of Delray Beach Municipal Tennis Center, the shuffleboard courts at Veteran's Park, and the lawn bowling courts at Veteran's Park, ("Facilities") for the events during the Gold Coast Senior Games which will be held January 12-15, 1995 and during the West Palm Beach Senior Sports Festival to be held April 22-29, 1995. Section 2. License Agreement Only. The agreement between the City and SSE is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a license agreement only. Section 3 . Facilities Provided by City. The facilities to be provided' by the City and subject to this License Agree- ment include the following: A. During the Gold Coast Senior Games, the City shall provide: 1. Eight clay courts on January 12 and 13, 1995. 2. Tennis clubhouse, including locker rooms on January 12 and 13, 1995. 3. Shuffleboard courts at Veteran's Park on January 15, 1995. B. During the West Palm Beach Senior Sports Festival, 1995, the City shall provide: 1. Eight clay courts on April 25-27, 1995. 2. Tennis club~ouse, including locker rooms on April 24-27, 1995. 3 . Lawn bowling facilities at Veteran's Park on April 25, 1995. 2 4 . Sixteen shuffleboard courts at Veteran's Park on El6 Apr i I 2-2"", 1995. Section 4. Concessions. The City may erect booths and sell concessions during the events. The City shall retain one hundred percent (100%) of any proceeds from the sale of con- cessions during the events. Section 5. Reports and Records. SSE shall maintain during this Agreement, and for a period of six ( 6 ) months after the expiration of this Agreement, all books of account, reports and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Agreement. SSE shall allow the City or the auditors of the City to inspect all or part of the compilation procedures for the reports at reasonable times and places. Said inspection is at the sole discretion of the City. Section 6. Proof of Insurance. SSE shall provide the City with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit "A" to this Agreement. Proof of such insurance shall be due by January 7, 1995. The insurance shall name the City as an additional insured. Section 7 . Sponsorship. SSE will be solely responsible for event sponsorships. Said sponsorships, if any, shall be presented to City for review and approval prior to any final agreement or understanding. City's approval shall not un- reasonably be withheld. 3 Section 8. Advertising. SSE agrees, subject to its rights, if any, under any applicable license agreements, to identify the City of Delray Beach as the site of the events in all publications, advertising and any electronic broadcast, and to permit City to use SSE's trademark or any trademark authorized to be used by SSE, during the term of this Agreement solely in connection with the advertisement and promotion of the City subject to SSE's approval, which approval will not be unreasonably withheld. Section 9 . Vacation of Event Site. SSE agrees to vacate the facilities no later than twenty-four (24) hours after the completion of the events at the Tennis Center and Veteran's Park; to leave the facilities in a condition equal to the condition the facilities were in on the date that SSE commenced the events, ordinary wear and use thereof only accepted, and that SSE shall remove from the event sites within twenty-four (24) hours following the closing of the events, all material and equipment owned by SSE. Section 10. Non-discrimination. That SSE for itself, its personal representatives, successors and interest, assigns, subcontractors, and sub-lessees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, sex, or disability shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 4 2 . That SSE shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non- discrimination under programs receiving federal assistance through the Department of Health, Education and Welfare/ Effectuation of Title 6 of the Civil Rights Act of 1964, and as said regulations may be amended. That in the event of a proven breach of any of the above non-discrimination covenants, the City shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed, including exercise or expiration of appeal rights. SSE shall not discriminate against any employee or applicant for employment to be employed in the performance of the license with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, disability (except where based on bonafide occupation or qualification), or because of marital status, race, color, religion, national origin or ancestry. Section I!. Cancellation by the City. The occurrence of any of the following cause this Agreement to be automatically terminated: 5 a. Institution of proceedings in voluntary bankruptcy by SSE. b. Institution of proceedings in voluntary bank- ruptcy against SSE as such proceedings lead to adjudica- tion of bankruptcy and SSE fails within ninety (90) days to have such adjudication reversed. c. City reserves the right to terminate this Agreement for good cause upon thirty (30) calendar days written notice by registered certified mail to SSE. Section 12. Notices. All notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager . City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To SSE: Senior Special Events, Inc. Robert G. Fine, Executive Director 9498 Alternate AlA Lake Park, Florida 33403 or to such other addresses as either party may designate in writing. Section 13. Interpretation. This license constitutes the entire license between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties. This Agreement may be amended only by written document, properly authorized, executed and delivered to both parties. This Agreement shall be interpreted as a whole unit and section heading are for convenience only. 6 All interpretations shall be governed by the laws of the state of Florida. Waiver of any breach shall not constitute a waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire agree- ment. Section 14. Indemnification. SSE shall have each event participant, including players and officials, sign a hold harmless agreement which shall relieve the City of any liability for .any claim or loss arising out of their activity at the event. SSE also agrees to indemnify, save and hold City, its officers, agents and employees, harmless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the use, maintenance, or operation of the licensed facilities, including but not limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by SSE or its officers, agents, employees, or independent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by SSE, its players, agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either SSE or any player, agent or employee of SSE: (c) the breach by SSE of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by SSE in this Agreement. SSE shall pay all claims, losses, 7 liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of City when applicable. SSE agrees to defend all actions to which this Section 14 applies, in the name of City. The City reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of SSE under this indemnification agreement. Section 15. Destruction of Event Sites. In the event said Facilities, or major part thereof, shall be destroyed or damaged by fire or any other cause, or if any other casualty or any unforeseen occurrence shall render the fulfillment of this Agreement by City impossible, then and thereupon, this Agree- ment shall terminate, unless SSE shall, at its option, agree to pay to repair such damage. Section 16. Personal Property. City assumes no responsi- bility whatsoever for any property placed on the event sites by SSE, its agents, employees, representatives, independent contractors or invitees. City is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Facilities under this Agreement, unless such damage, loss or liability is caused by City's 8 (including employees and agents) gross negligence or willful misconduct. Section 17. Independent Contractor status. SSE and its employees, volunteers and agents shall be and remain indepen- dent contractors and not agents or employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. Section 18. Compliance with Laws. SSE shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, city of Delray Beach and of any other public authority which may be applicable to the use of the Facilities by SSE. SSE shall obtain at its expense any and all required permits and licenses including an occupational license if required. The parties agree that there shall be no segregation or discrimination practiced at the Facilities because of race, color or creed against any patron, visitor, attendee or customer. Section 19. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 9 Section 20. Entire Agreement. This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election by the same shall continue and remain in full force and effect. Section 21. Severability. Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 22. No Representations by City. Neither the city nor the City's officers, agents and/or employees have made any representations or promises except as expressly set forth in this Agreement. Section 23. Assignment of Agreement. SSE shall not assign or transfer this Agreement nor otherwise convey any privilege granted hereunder or sublease/license any part of the stadium unless the written consent of the City be first obtained. Such consent shall not be unreasonably withheld. Neither this Agreement nor any right, privilege or interest 10 therein or thereunder shall be transferable by operation of the law or by any process or proceeding of any court. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first abo~e written. WITNESS: Senior SP~cial Event~nc. r;Þ~ 13. ~~~ £rðJ,Jl y ~ I ~Lfl R_~f., /q 13. A:;1 (print or type name) SEAL STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 13th day of December , 1994 by Robert Fine of Senior Special Events, Inc. , a Florida corporation, on behalf of the corporation. He has produced F1 driver's license IIF500-767-31-215-0 (type of identification) as identification and m4xX (did not) take an oath. ~~ç~' "~~"P~ CAROLE PIERPONT .----cl ./~ 6"Y1---'¡--- ,~.,. -- t:::8: :;~ MY COMMISSION' CC 381523 Signature of Notary PUbYic ~. ·"i.i EXPIRES: July 2. 1998 -':f.ir::rlß" Bonded T1IIu NoraIy PublIc IbIørwrIÞn Carole Pierpont ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor ~~~~ ~~City Attorney senior.agt 11 EXHIBIT "A" INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH FOR AGREEMENT WITH SENIOR SPECIAL EVENTS, INC. "SSE" SHALL NOT COMMENCE OPERATIONS UNDER THE TERMS OF THIS AGREEMENT UNTIL CERTIFICATION OR PROOF OF INSURANCE, DETAILING TERMS AND PROVISIONS OF COVERAGE, HAS BEEN RECEIVED AND APPROVED BY THE CITY OF RISK MANAGER. IF YOU HAVE ANY QUESTIONS CALL (407) 243-7150. THE FOLLOWING INSURANCE COVERAGE SHALL BE REQUIRED. A. WORKER'S COMPENSATION INSURANCE COVERING ALL EMPLOYEES & PROVIDING BENEFITS AS REQUIRED BY FLORIDA STATUTE 440. REGARDLESS OF THE SIZE OF YOUR FIRM. THE LESSEE FURTHER AGREES TO BE RESPONSIBLE FOR EMPLOYMENT, CONTROL AND CONDUCT OF ITS EMPLOYEES AND FOR ANY INJURY SUSTAINED BY SUCH EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT. B. PUBLIC LIABILITY INSURANCE NAMING THE CITY OF DELRAY BEACH AS AN ADDITIONAL INSURED IN CONNECTION WITH THE ACTIVITIES BEING DONE UNDER THIS AGREEMENT. C. THE FOLLOWING CHECKED TYPES OF INSURANCE AND MINIMUM POLICY LIMITS ARE REQUIRED. LIMITS OF LIABILITY EACH TYPES OF INSURANCE OCCURRENCE AGGREGATE PUBLIC LIABILITY XXXXX COMPREHENSIVE FORM XXXXX PREMISES - OPERATIONS BODILY INJURY $1,000,000 $1,000,000 ----- EXPLOSION & COLLAPSE HAZARD PROPERTY DAMAGE $1,000,000 $1,000,000 ----- UNDERGROUND HAZARD OR XXXXX PRODUCTS (IF ITEMS ARE BODILY INJURY AND SOLD) ----- CONTRACTUAL INSURANCE PROPERTY DAMAGE XXXXX LIQUOR LEGAL (IF ITEMS COMBINED $1,000,000 $1,000,000 (ARE SOLD) ----- INDEPENDENT CONTRACTORS ----- PERSONAL INJURY PERSONAL INJURY $1,000,000 $1,000,000 --------------------------------------------------------------------------- THE CERTIFICATION OR PROOF OF INSURANCE MUST CONTAIN A PROVISION FOR NOTIFICATION TO THE CITY THIRTY (30) DAYS IN ADVANCE OF ANY MATERIAL CHANGE IN COVERAGE OR CANCELLATION. LESSEE SHALL FURNISH TO THE CITY THE CERTIFICATION OR PROOF OF INSURANCE REQUIRED BY THE PROVISIONS SET FORTH ABOVE, FIVE (5 ) DAYS PRIOR TO OCCUPANCY OF THE OFFICE AREA. MAIL TO: CITY OF DELRAY BEACH, ATTN. : RISK MANAGER, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA 33444 ISSUE DATE (MM/DD/YY) . CERTIFICATE OF INSURANCE o 12/8/94 PRODUCER K & X INSURANCE GROUP, INC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1712 MAGNA VOX WAY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. BOX 2338 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FORT WAYNE, INDIANA 46801 COMPANIES AFFORDING COVERAGE INSURED SENIOR SPECIAL EVENTS, INC. AND COMPANY A TIG INSURANCE COMPANY LETTER SUNSHINE STATE GAMES FOUNDATION, INC. 1330 NORTHWEST SIXTH STREET, SUITE D COMPANY B LETTER GAINESVILLE, FLORIDA 32601 COMPANY C LETTER COVERAGES THIS IS 10 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN· DICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 0rHER DOCUMENT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERMS, EXCLUSIONS AND CONDI· TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO. TYPE OF INSURANCE POLICY NUMBER POLICY EFFEGrIVE POLICY EXPIRATION LIMITS (in thousands) LTR DATE (MM/DD/VY) DATE (MM/DD/YY) General Liability 12:01 AM 12:01 AM General Aggregate $ NONE A UJCommercial General Liability SSP36210859 6/01/94 6/01/95 Products-Comp/Ops Aggregate $ 1,000, o Claims Made 1Jj0ccur. Personal & Advertising Injury $ 1,000, DOwner's & Contractors Prot. Each Occurrence $ 1, 000, 0 Fire Damaae (Anyone fire) $ 50, Medical Expense (Any one person) $ 5, Participant Legal Liability $ 1,000, Automobile Liability 12:01 AM 12:01 AM Combined A o Any auto SSP36210859 6/01/94 6/01/95 Single $ 1 ,000, Limit o All owned autos Bodily o Scheduled autos Injury $ (per person) UHired autos Bodily UNon-owned autos Injury (per accident) $ o Garage Liability Property 0 Damage $ Excess Liability Each 0 Occurrence Aggregate o Other than Umbrella form $ $ Statutory Workers' CompensatIon $ Each Accident and Employers' Liability $ Disease-Policy Limit $ Disease-Each Employee 12:01 AM 12:01 AM AD&D $ 10, A Participant SSP36210859 6/01/94 6/01/95 Primary Medical $ N/A Accident Excess Medical $ 25, Weekly Indemnity $ N/A X DESCRIPTION OF OPERATIONS I LOCATIONS I YEHICLESI RESTRICTIONS I SPECIAL ITEMS $250. DED. APPLIES TO EXCESS MEDICAL. EVENT: SENIOR SPECIAL EVENTS LOCATION: VARIOUS DATE: 1/12/95 TO 1/15/95 ADDITIONAL INSURED: AS PER ENDORSEMENT #0017, FORM IL1201 1185, ATTACHED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE SENIOR SPECIAL EVENTS, INC. CANCELLED BEFORE THE EXPIRATION DATE THE~~OF; THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _ DAYS MR. ROBERT FINE WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 9498 ALTERNATE AlA LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLI~ ITY OF KIND UPON THE COMPANY, LAKE PARK, FLORIDA 33403 ~NTS OR REPRe:sarrATIV ,/l ~? / a ..... ~~~~ "- / /-- SL 39 L./ 1-92 * .' /" Policy Change . Number 0017 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ~ IL 12 01 11 85 POLICY CHANGES POUCY NO. POUCY CHANGES COMPANY EFFECTIVE TIG INSURANCE COMPANY ßSP362l0859 01/12/95 NAMED INSURED AUTHORIZED REPRESENTATIVE ßUNSHINE STATE GAMES FOUNDATION, INC. K&K INSURANCE AGENCY, INC. COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY CHANGES WITH RESPECTS TO ENDORSEMENT CG2011, ADDITIONAL INSURED-MANAGERS OR LESSORS OF PREMISES, IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWING ARE ADDED TO THE POLICY AS AN ADDITIONAL INSURED, BUT ONLY WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED: PALM BEACH COMMUNITY COLLEGE/GYM PALM BEACH COUNTY/POOL PRINCE PARK ROAD RUNNING COURSE/OKACHOBEE CYCLING COURSE, OKAHELEE LAKE (WATER SKIING) BOYNTON BEACH CITY RECREATION DEPT CITY OF BOYNTON BEACH CITY OF DELRAY BEACH BILLY WILLIAMS GREENACRE BOWL BALLY 'S SCANDANAVIAN SPA CITY OF ROAYAL PALM BEACH CITY OF PALM BEACH GARDENS DO 11/29/94 - -; C(þr1¡~ -/0 . ~~ Authorized Representative Signature MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {j)t{ SUBJECT: AGENDA ITEM # g . G . - MEETING OF JANUARY 3, 1995 AMENDMENTS TO THE TRI-PARTITE AGREEMENTS OF THE CRA SUBSIDIZED LOAN PROGRAM DATE: DECEMBER 30, 1994 This is before the Commission to approve the amended Tri-Partite Agreements with the City, the Community Redevelopment Agency and various banks, of the CRA's Subsidized Loan Program. The Program has been amended by formal action of the CRA Board at their meeting of December 9, 1994, to pay 50 percent of the interest on business and commercial loans, as opposed to 100 percent in the past. The residential loans remain subsidized at 100 percent. Recommend approval of the Tri-Partite agreements between the City, the CRA and the banks of Barnett, First Union National, Equity, Banyan, and AmTrust, as proposed by the CRA. ~ CJI) ~ . , . A<Jenda I tem No. I fÇ,. ,. . AGENDA R.eQUEST Date: 12/23/94 Request to be placed on:' x . Rec¡ular Agenda Special A<Jenda , Workshop Agenda When: 1/3/95 . Uescription of agenda item (who, what, where, how much). . Tri-Partite Agreements - CRA Subsidized Loan Program ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval . Department Head Siqnature: ~ ~ -. ----=---=. l . Determination of Consistency \lith Co~prehen8ive PlaD' , . City Attorney Review/ Recommendation (if applicable). Budget Director Review (required on all iteas involving expenditure of funds): - Fundinq available. YES/ NO Fundinq alternatives: (if applicable) Account No. & Description: Account Balance: City Manaqer Review: Approved for agenda: Y~ES/ NO . \ ~ ~ H old Un t i1 : .J\¿~",*= K.....-Þ ¿:T'-.<'.€,-~X- ~i.L.¿." I , Agenda Coordinator Review: Received: , Action: Approved/Disapproved MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: CRA SUBSIDIZED LOAN PROGRAM - TRI-PARTITE AGREEMENTS DATE: DECEMBER 23, 1994 ITEM BEFORE THE COMMISSION: Consideration of approval of the amended Tri-Partite Agreements between the City, CRA and various banks individually listed. These agreements govern the administration and terms of the CRA's Subsidized Loan Program. BACKGROUND: The City Commission approved the original Tri-partite agreements as requested by the CRA in March, 1991. The agreements were formally amended by the Commission in January and August, 1992. Staff assigned to the Community Development Division provide technical assistance by developing work write-up, determining in-house estimates, assisting with selections of contractors when necessary, monitoring work performed and processing pay requests for all exterior improvement loans. The CRA is responsible for all commercial interior improvement loans. The Subsidized Loan Program has been amended by formal action of the CRA Board at their regular meeting of December 9, 1994 to pay 50% of the interest on business and commercial loans. Prior agreements committed the CRA to pay 100% of interest. The residential loans remaln the same with 100% of interest being subsidized. The demand for participation from business and commercial investors created the need to amend the agreement as proposed. RECOMMENDATION: Staff is recommending the approval of the Tri-Partite agreements between the City of Delray Beach, Community Redevelopment Agency and the banks of Barnett, First Union, Equity, Banyon and AmTrust as proposed by the CRA. LB:DQ DQ3 AGR4 . CRA FIRSr AMENDMENT TO SUBSIDIZED LOAN AGREEMENT rnrs FIRST AMENDMENT TO THAT CERTAIN AGREEMENT, by and between COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRA Y BEACH, hereinafter referred to as the "CRA," and AMTRUST BANK hereinafter referred to as the "BANK," and the CITY OF DELRAY BEACH, hereinafter referred to as the "CITY," is hereby made and entered into this day of .1994. WIT N E SSE T H: WHEREAS, the parties have heretofore entered into the above described Agreement (the "Agreement"), as amended, for the providing of a subsidized loan program ("the Program"); and WHEREAS, the parties are desirous of further amending said Agreement to modify -their respective responsibilities for administering said program and to provide other requirements with respect thereto. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Agreement is hereby amended and restated in its entirety as follows: 1. The CRA has committed certain funding in its budget for the Program and said funds will be available to the various participating banks on a first come first serve basis. The funds will be committed to an individual bank in accordance with the Program in the order of receipt by the CRA of a written firm loan commitment to individually approved borrowers. For pUIpOses of determining the order of receipt, all loan commitments will be-deemed received upon the physical receipt by the CRA at the office of its Executive Director. 2. The CRA will accept initial loan applications for the Program from prospective borrowers and will approve or disapprove them, in the order of receipt, solely on the basis of the proposed loan being for a qualified purpose as hereinafter defined in Exhibit "A," to single- -2- family residence or multi-family residential property or a non-residential commercial property ("Exterior Rehabilitation Loan"), or, to a business owner whose business location lies within the redevelopment area of the CRA ("Business Loan"). Upon such approval, the loan application will be forwarded by the CRA to the participating bank selected by the borrower, and upon receipt of the loan application approved by the CRA the respective bank. shall perform its underwriting evaluation for approval or disapproval. Such Certificate of Approval issued by the CRA will include a determination as to whether the City or the BANK shall be æsponsible for the disbursements required under the loan. In the event the BANK is provided with a CRA approved application and the BANK approves such loan and issues a firm commitment therefore, the BANK shall forthwith deliver to CRA, in care of its Executive Director, such loan . commitment. 3. Upon receipt of an approved loan commitment from the Bank. and receipt of closing statement, subject to the availability of funds for the Program, the CRA shall pay to the bank the prepaid interests as described in Paragraph 5 herein. In the event the subject loan is prepaid in full by the borrower, the borrower shall notify the CRA and the BANK office originating the loan of such prepayment, and the BANK shall pay to the CRA within thirty (30) days after such prepayment an amount equal to the unearned interest as determined in accordance with a straight amortization schedule computed at the note interest rate reflecting the interest due for the unexpired term of the loan. The BANK expressly acknowledges and agrees that the CRA shall have no liability for the payment or obligation for any sums of whatever nature other than the initial interest paid as hereinabove provided. The parties acknowledge that the CRA will not be entitled to any refunds of interest on loans which are not prepaid in full or are in default and -3- have been charged off by the BANK. At closing the borrower shall be required to execute an Affidavit in form approved by the CRA as described in Exhibit liB, II that the sole use of the proceeds of the loan will be only for the purposes set forth in the approved loan application. Further, the BANK shall require the borrower to execute a loan disbursement agreement providing that in the event all of the work required to be performed pursuant to the loan application in order to obtain the full disbursement of the loan is not completed within the date provided for in said loan agreement, the BANK or the CITY, whomever is respectively administering the disbursements, shall return the undisbursed funds to the BANK, the loan shall thereupon be reduced to such sums as shall have been disbursed by that date, and the BANK shall reimburse the CRA for the unearned interest as provided for above. . 4. A. Upon the closing of the loan with the borrower, the BANK or the CITY, shall disburse the loan proceeds in accordance with the terms of the loan agreement. The borrower shall provide such reasonable documentation as the BANK or the CITY, respectively, shall require with regard to disbursements requested. Disbursements may only be made for the payment of completed work or purchase of applicable improvements. B. There shall be no reimbursements allowed as a part of the subject loan for work completed prior to the closing of the loan. c. All disbursements for business loans must be accompanied by invoices and paid receipts. 5. The CRA and the BANK hereby agree that loans which will qualify for the Program will be made upon the following terms and conditions: A. Business Loans: -4- (i) Loan Amount: ten thousand dollars ($10,000.00) minimum to fifty thousand dollars ($50,000) maximum; (ii) Purpose: construction of tenant improvements and small additions to leased premises within the community redevelopment area; (Hi) Borrower Qualification: subject to bank's underwriting standards; (iv) Term: maximum term for loan shall be sixty (60) months of equal principal payments; (v) Interest Rates: shall be variable at the prime rate plus 1 % as established by New York Union Prime as of the date of closing; (vi) Interest Subsidy by the CRA: shall be one-half (1/2) of the. computed interest (utilizing the simple interest method) at prime rate for the term of the loan agreement. The interest subsidy may be applied as a principal reduction at closing, thereby, resulting in a reduction of the term of the loan; or, the interest subsidy may reduce the original loan amount, thereby, reducing the monthly payment. (vii) Fees: normal closing costs including but not limited to recording fees, Security Agreement, filing fees, documentary stamp tax, intangible tax, etc., (these fees may be financed as part of the Loan by the BANK.). In addition, a loan processing fee of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured Loans may be levied by the BANK. B. Residential, Exterior Rehabilitation Loans: (a) Owner occupied, single-family, residential home improvements: -5- (i) Loan amount on unsecured loans: two thousand five hundred dollars ($2,500.00) minimum to ten thousand dollars ($10,000.00) maximum; (ii) Loan amount on loans secured by first mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to ten thousand dollars ($10,000.00) maximum; (b) Two Unit Residential Improvements: (i) Loan amount on unsecured loans: two thousand five hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (ii) Loan amount on loans secured by first mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (c) Three or More Residential Units: (i) Loan amount on unsecured loans per unit: two thousand five hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one applicant. (ii) Loan amount on secured loans per unit: two thousand five hundred dollars c(S2,SOO.OO) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one applicant. (d) Purpose: qualifying alterations, repairs and/or improvements to residential properties of the owner where the work substantially protects or improves the exterior -6- of the property as described in Exhibit "A." (e) Loan to value ratio: the maximum loan to value ratio after the improvements and including all mortgages shall not exceed eighty-five percent (85%) of the appraised value or one hundred twenty-five percent (125%) of the tax assessed value. (t) Term: maximum term for both secured and unsecured shall be sixty months (60) of equal principal payments. (g) Interest rates: both secured and unsecured loans shall be fixed at the Prime Rate as established by New York Prime as of the date of closing. (h) Interest subsidy by the CRA: shall be 100% of the computed interest (utilizing the simple interest method) at prime rate for the term of the loan agreement.. The CRA shall pay the interest at the day of closing of the loan. (i) Fees: (i) A loan processing fee of fifty dollars ($50.00) for secured and unsecured loans for owner occupied, single-family dwellings may be levied by the BANK. (ii) A loan processing fee of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans for multi-family residential, one or more units, may be levied by the BANK. (iii) Normal closing costs including but not limited to recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and intangible tax, etc. (the subject closing costs may be financed by the BANK). C. Non-Residential, Commercial Property Improvements: (i) Loan Amount: five thousand dollars ($5,000.00) minimum to twenty -7- thousand dollars ($20,000.00) maximum. (ü) Purpose: qualifying improvements of the exterior of non-residential commercial properties as described in Exhibit "A." (iii) Loan to value ratio: the maximum loan to value ratio after the improvements and including all mortgages shall not exceed eighty-five percent (85%) of the appraised value or one hundred twenty-five percent (125%) of the tax assessed value. (iv) Term: sixty months (60) equal principal payments. (v) Interest rates: both secured and unsecured loans shall be variable at the Prime Rate plus 1% as established by New York Prime as of the date of closing. (vi) Interest subsidy by the CRA: shall be one-half (112) of the compute4 interest (utilizing the simple interest method) at prime rate for the term of the loan agreement. The interest subsidy may be applied as a principal reduction of the term of the loan, or the interest subsidy may reduce the originating loan amount, thereby, reducing the monthly payment. (vii) Loan processing fee: of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans may be levied by the BANK. (viii) Closing costs: normal closing costs including but not limited to recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and intangible tax, etc. (these fees may be financed as part of the loan by the BANK, but the CRA will not be responsible for the interest on the financing of such costs). (ix) Collateral: The loans to be collateralized as the BANK deems necessary. Personal guarantees will be required in aU instances unless waived by the BANK. 6. The BANK hereby agrees to commit a maximum pool of funds of five hundred -8- thousand dollars ($500,000.00), excluding the amounts of aU loans made to date, for the Loan Program for a period of one year (1) from the date of this Agreement or until such pool of funds is exhausted through the making of Program loans, whichever comes first. 7. It is mutually understood that the agreements and covenants contained herein are severable, and in the event any of them shall be held to be invalid, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of F1orida. 9. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 10. The rights and benefits of this Agreement shall not be transferable by any party without the written consent of the other. 11. Notices to any party to this Agreement shall be sent to the following: Christopher J. Brown Executive Director Community Redevelopment Agency 207 East Atlantic Avenue Delray Beach, FL 33444 Lola Butler DiIector, Community Improvement City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 David B. Smith AmTrust Bank 5550 Glades Road Boca Raton, FL 33431 -9- WITNESSES: ?~~ ~~ ' AMfR BANK () I v~- _.~ v~ 15A--~ '..'\) '8 - S ,\_..¡ 'Tl/l v. n I . CITY OF DELRA Y BEACH By: Attest: By: City Clerk Approved as to form: By: City Attorney EXHIBIT "A" 1. The following are authorized under the Business Loan: a. Tenant improvements, exterior and interior; b. Signage; c. Small additions to an existing building; d. Permanent f1xtures. 2. The following external improvements to property are autborized under,this program: a. Re-roofmg, including rigid insulation; b. Painting; c. Awnings; . d. Shutters; e. Siding; f. Replacement of rotten wood; g. Doors; h. Windows; i. Driveways/paving; parking; j. I.andscaping (sod, trees, bushes, plants, and irrigation system); k. BØerior modifications such as rebuilding a porch; 1. Exterior lighting. 3. All materials and work must be in compliance witb applicable City of Delray Beach Building Codes. 4. Loan proceeds may be used to pay for applicable building permits and loan fees. EXHIBIT "B" AFFIDAVIT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared . hereinafter referred to as ("Borrowers") who by me being first duly sworn and cautioned, deposed, stated, and acknowledged the following: 1. Our names are . We reside at . and we, having personal knowledge of the loan with AmTrust Bank, hereinafter referred to as (the "Loan"), and the following described matters, depose, state, and acknowledge same to be true.. 2. We hereby state that as an inducement to AmTrust Bank entering into that certain Security Agreement dated the day of . 199_ and that certain Promissory Note of even date in the principal amount of Dollars ($ ) and as an inducement to the Community Redevelopment Agency of the City of Delray Beach agreeing to subsidize the certain interest due on said Loan, your Affiants state under penalties of perjury that the proceeds of said Loan will be used solely for purposes as set forth in the approved loan application and for no other purposes. 3. Furthermore, in the event that the loan is prepaid, the borrower agrees to notify the Community Redevelopment Agency and the bank office originating the loan, respectively located as stated below: Community Redevelopment Agency 207 East Atlantic Avenue Delray Beach, FL 33444 ATIN: Executive Director AmTrust Bank 5550 Glades Road Boca Raton, FL 33431 A TIN: Vice President Further Affiants sayeth naught. Sworn to and subscribed before me by .this _day of . 199_ . Notary Public . (SEAL) My Commission Expires: Who are personally known to me Or who produced as identification L~I\ ¿1/t 1 [IT' DF DELAA' BEA[H CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 FACSIMILE 407/278·4755 DELRAY BEACH F lOR I D A ....... AII·America City MEMORANDUM , ~ II I! DATE: December 20, 1994 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Pension Matters - Outside Legal Counsel Our labor lawyers, Carson, Linn and Adkins, have provided the City with expertise in the area of employment law and pension matters. Jim Linn of Carson and Linn provided the City with legal advice and assistance regarding pension matters. Jim Linn has contacted me and has indicated he will be leaving the firm of Carson, Linn and Adkins to join the firm of Lewis, Longman and Walker. I have spoken with Leonard Carson, the other principal in the firm of Carson, Linn and Adkins, regarding this matter. Mr. Carson has no problem with us continuing with Jim Linn at the new firm of Lewis, Longman and Walker for pension advice. The City Charter requires Commission approval of outside counsel. The City Attorney's Office requests that Jim Linn continue to provide pension advice to the City. By copy of this memorandum to David Harden, City Manager, our office is requesting that the appointment of Jim Linn with the firm of Lewis, Longman and Walker be retained to assist the City in such pension matters. By copy of this memorandum to David Harden, City Manager, our office requests that this m r be considered by the City Commission at its meeting of January 3, ~' 0ì7 flo1UJbe9t cc: David Harden, City Manager 1/3/95 Alison MacGregor Harty, City Clerk Joe Safford, Director of Finance carson. sar ® Printed on Recycted Paper ¡.fI· · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fl1t{ SUBJECT: AGENDA ITEM # ~. I ' - MEETING OF JANUARY 3, 1995 RESOLUTION NO. 1-95 DATE: DECEMBER 30, 1994 This is a resolution assessing costs for abatement action required to remove nuisances on 24 properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 1-95 assessing costs for abating nuisances on 24 properties located within the City. ! . . 1 I I i I I RESOLUTION NO. 1-95 :1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF I I ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS I FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN I THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF í LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING I OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH I ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTs. I , the City Manager or his designated representative has, , WHEREAS, , I pursuant to Chapter 100 of the Code of Ordinances, declared the exis- I I tence of a nuisance upon certain lots or parcels of land, described in I i I the list attached hereto and made a part hereof, for violation of the I I provisions of Chapter 100 of the Code of Ordinances; and, i WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the I I Code of Ordinances of the City of Delray Beach, the City Manager or his I designated representative has inspected said land(s) and has determined ¡ that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective I owner(s) of the land(s) described in the attached list with written I I notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 I of the Code of Ordinances describing the nature of the nuisance(s) and 'I i sent notice that within ten (10 ) days from the date of said notice , ¡ forty-two (42 ) days in the case of violation of Section 100.04 pertain- I I ing to seawalls) they must abate said nuisance, or file a written I request for hearing to review the decision that nuisance existed ~ i a a within ten (10) days from the date of said notice, failing which the I City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner{s) named in the list attached hereto and made a part hereof did fail and neglect to abate the , nuisance(s) existing upon their respective lands or to properly request \ a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- ! erty owner(s) failed and/or neglected to abate such nuisance (s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s) ; and, I WHEREAS, the City of Delray Beach, through the City Administra- , I tion or such agents or contractors hired by the City Administration was I therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the I subject nuisance(s) existing thereon as described in the notice; and, I I I i ¡ I WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray i I Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance{s) as aforesaid, said report indicating the costs per parcel of land involved; and, I !I I the City Commission of the City of Delray I WHEREAS, Beach, I I pursuant to Chapter 100 of the Code of Ordinances desires to assess the i cost of said nuisance(s) against said property owner(s), i I I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ! That assessments in the individual amounts as shown I Section 1. ì I by the report of the City Manager of the City of Delray Beach, involving I I the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached I hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid wi thin thirty (30) days I after mailing of the notice described in Sec. 3, become a lien upon the I respective lots and parcel(s) of land described in said report, of the I same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. i Section 2. That such assessments shall be legal, valid and ! binding obligations upon the property against which said assessments are ,I levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice{s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said - 2 - Res. No. 1-95 : I accrue at the rate of 8% per annum, plus reasonable attorney's fees and I ¡ other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment{s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment{s) , after which a lien shall be placed said property (s) , and interest shall at the rate of i on accrue eight (8) percent per annum pI us, if collection proceedings are I necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that paYment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the I certified copy of this resolution a lien shall become effective on the I I subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1995. ¡ i MAYOR ATTEST: City Clerk I ! I i Ii I: I I I' ! i i i ì: ii ; : iJ ! - 3 - Res. No. 1-95 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOTS 6 & 7, BLOCK 15, LUCIUS SIMMONS $ 45.00 TOWN OF DELRAY, PLAT 1301 KANAB AVE.,NW 70.00 (ADM. COST) BOOK 13, PAGE 18, PUBLIC PALM BAY, FL 32907 RECORDS OF PALM BEACH COUNTY, FL (SW 7TH AVENUE) LOT 23, BLOCK 6, ATLANTIC E. & HENRY WILSON $ 45.00 GARDENS DELRAY, PLAT BOOK P.O. BOX 1676 70.00 (ADM. COST) 14, PAGE 63, PUBLIC RECORDS DELRAY BEACH, FL OF PALM BEACH COUNTY, FL 33447-1676 (142 SW 11TH AVENUE) LOT 7, BLOCK 61, {OLD LORI J. DURANTE $ 75.00 SCHOOL SQUARE HISTORIC 3655 HABERSHAM RD NE 70.00 (ADM. COST) DISTRICT), TOWN OF DELRAY, # 149 PLAT BOOK 1, PAGE 3, ATLANTA, GA 30305 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (23 & 25 SW 1ST AVENUE) E 10 FT OF LOT 101 & LOT JAMES JR. & CORA L. JONES $ 45.00 102, DELRAY MANOR ADDITION 701 SW 9TH STREET 70.00 (ADM. COST) TO DELRAY, PLAT BOOK 12, DELRAY BEACH, FL 33444 PAGE 59, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (701 SW 9TH STREET) N 69.5' OF LOT 9, BLOCK DOROTHY MAGER $ 65.00 78, TOWN OF DELRAY, PLAT c/O GARTH MAGER 70.00 (ADM. COST) BOOK 1, PAGE 3, PUBLIC 1704 HIGH RIDGE ROAD RECORDS OF PALM BEACH LAKE WORTH, FL 33461-6154 COUNTY, FL (102 SE 2ND AVENUE) LOT 15, BLOCK A, TOURIST WILLIAM R. & $ 45.00 NOOK, DELRAY, PLAT BOOK 11, ERNESTINE JOHNSON 70.00 (ADM. COST) PAGE 47, PUBLIC RECORDS 140 SW 4TH AVENUE OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (NW 10TH AVENUE) E 1/8 OF W 1/2 OF N 1/2 KENNETH AUSTIN $ 57.50 OF LOT l/LESS N 1/2, 807 14TH STREET 70.00 (ADM. COST) SUB. OF SEC. 20-46-43, WEST PALM BEACH, FL PLAT BOOK 28, PAGE 68, 33401-2505 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SW 6TH AVENUE) - 4 - RES. NO. 1-95 · . S 150' OF E 50' OF BLOCK H. & HAZEL CLEM $ 45.00 18 (LESS E 20' R/W), TOWN 3 SUMMER STREET 70.00 (ADM. COST) OF DELRAY, PLAT BOOK 1, NORWALK, CT 06851-4503 PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (NW 2ND STREET) LOT 19, BLOCK 10, ATLANTIC EVELYN CLINTON $ 45.00 GARDENS, DELRAY, PLAT BOOK c/o SONYA HOLLEY 70.00 (ADM. COST) 14, PAGE 63, PUBLIC RECORDS 217 NW 7TH AVENUE OF PALM BEACH COUNTY, FL DELRAY BEACH, FL (SW 10TH AVENUE) 33444-1674 S 50' OF N 200' OF W 135' LAURIE BAKER $ 45.00 OF BLOCK 20, TOWN OF DELRAY 330 WASHINGTON AVE. 70.00 (ADM. COST) PLAT BOOK 1, PAGE 3, PUBLIC DELRAY BEACH, FL RECORDS OF PALM BEACH 33444-1674 COUNTY, FL (33 NW 6TH AVENUE) LOT 11, BLOCK 1, ROSEMONT TOMMY PRESTON $ 45.00 PARK, DELRAY, PLAT BOOK 13, 140 NW 11TH AVENUE 70.00 (ADM. COST) PAGE 60, PUBLIC RECORDS OF DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (SW 5TH AVENUE) LOT 17, BLOCK 23, TOWN OF BERTHA PRESTON $ 50.00 DELRAY, PLAT BOOK 10, 1001 WEST 3RD STREET 70.00 (ADM. COST) PAGE 69, PUBLIC RECORDS RIVIERA BEACH, FL 33404 OF PALM BEACH COUNTY, FL (217 SW 6TH AVENUE) W 1/2 OF LOT 29 (LESS N DALLAS E. DAILY, TR. $120.00 50' E 100' OF SLY 592.48' W21 BUTTONWOOD BAY CONDO. 70.00 (ADM. COST) OF NLY 642.48'), SUB. SEC KEY LARGO, FL 33037-2128 20-46-43, PLAT BOOK 28, PAGE 68, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SW 10TH STREET) LOT 53, FAIRCREST HEIGHTS YOLLY P. VERZOSA $ 42.50 AMND. PL., PLAT BOOK 42, 1090 AMSTERDAM AVE., #7K 70.00 (ADM. COST) PAGE 68, PUBLIC RECORDS NEW YORK, NY 10025-8103 OF PALM BEACH COUNTY, FL (2147 SW 36TH TERRACE) LOT 8 (LESS N 20'), BLOCK 3 NETWORK FINANCIAL CORP. $ 35.00 LAKE IDA SHORES, PLAT BOOK 1489 W. PALMETTO PARK RD. 70.00 (ADM. COST) 25, PAGE 54, PUBLIC RECORDS SUITE 300 OF PALM BEACH COUNTY, FL BOCA RATON, FL 33486 (532 NW 8TH AVENUE) - 5 - RES. NO. 1-95 . . . LOT 16, BLOCK 1, ATLANTIC BERTHA PALMER $ 45.00 PARK GARDENS, DELRAY, PLAT 35 NW 13TH AVENUE 70.00 (ADM. COST) BOOK 14, PAGE 56, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (35 NW 13TH AVENUE) LOT 22, BLOCK 32, TOWN OF J. W & MARGARET YOUNG $ 37.50 DELRAY, PLAT BOOK 10, 317 SW 5TH AVENUE 70.00 (ADM. COST) PAGE 38, PUBLIC RECORDS DELRAY BEACH, FL 33444 OF PALM BEACH COUNTY, FL (SW 4TH AVENUE) N 50' OF S 356.4' OF E 135' ADELENE JENKINS $ 45.00 OF BLOCK 24, TOWN OF DELRAY 336 SW 5TH AVENUE 70.00 (ADM. COST) PLAT BOOK 1, PAGE 3, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (322 SW 5TH AVENUE) LOT 17, BLOCK 1, ATLANTIC HELENA SMITH $ 45.00 PARK GARDENS, DELRAY, 10404 PIPPIN LANE 70.00 (ADM. COST) PLAT BOOK 14, PAGE 63, ROYAL PALM BEACH, FL PUBLIC RECORDS OF PALM 33411-3017 BEACH COUNTY, FL (37 NW 13TH AVENUE) LOT 13, BLOCK 2, ATLANTIC DAISY M. RAY $ 45.00 PARK GARDENS, PLAT BOOK 14, P. O. BOX 74 70.00 (ADM. COST) PAGE 56, PUBLIC RECORDS LENOX, GA 31637 OF PALM BEACH COUNTY, FL (17 SW 13TH AVENUE) LOTS 22 TO 26, INC. , ALVAN E. MCFORD $ 57.50 BLOCK 15, TOWN OF DELRAY, 17831 NW 47TH AVENUE 70.00 (ADM. COST) PLAT BOOK 13, PAGE 18, CAROL CITY, FL 33055-3255 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SW 7TH AVENUE) LOT 21, BLOCK B, TOURIST RUSSELL E. BROWN $ 37.50 NOOK, DELRAY, PLAT BOOK 11, c/o JUNE DIMON 70.00 (ADM. COST) PAGE 47, PUBLIC RECORDS 9720 WILLOW ROAD OF PALM BEACH COUNTY, FL WILLIS, MI 48191-9727 (NW 8TH AVENUE) LOT 19, SUNDY & TENBROOK J. E. & KAY B. WOMACK $ 35.00 ADDITION TO DELRAY, LOT 19, P. O. BOX 2493 70.00 (ADM. COST) PLAT BOOK 12, PAGE 32, DELRAY BEACH, FL PUBLIC RECORDS OF PALM 33447-2493 BEACH COUNTY, FL (SW 4TH AVENUE) - 6 - RES. NO. 1-95 . . . S 201.87' OF NE 1/4 OF RICHARD CRITCHFIELD, TR. $ 35.00 . LOT 8 (LESS E 25' RD R/W) , 746 MARBLE WAY 70.00 (ADM. COST) SUB. OF SEC. 20-46-43, BOCA RATON, FL 33432-3018 PLAT BOOK 28, PAGE 68, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SW 4TH AVENUE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. - 7 - RES. NO. 1-95 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ'v( SUBJECT: AGENDA ITEM # ;. J. - MEETING OF JANUARY 3, 1995 RESOLUTION NO. 2-95 DATE: DECEMBER 30, 1994 This is a resolution assessing costs for abatement action required to remove an unsafe condition on property at 701 S.W. 9th Street. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $93.50 remains unpaid. Recommend approval of Resolution No. 2-95 assessing costs for removing an unsafe condition on property located at 701 S.W. 9th Street. RESOLUTION NO. 2 - 95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development ! Regulations of the City of Delray Beach, the Building Official or hi s designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land (s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun wi thin sixty (60 ) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30 ) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, I I WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the ! costs incurred in abating said condition as aforesaid, said report , indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, , pursuant to Article 7.8 of the Land Development Regulations desires to ¡ assess the cost of said condition against said property owner(s) . i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 I become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30 ) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent ( 6%) per annum, plus reasonable attorney's fees and other costs of collecting I said sums. I - 2 Res. No. 2-95 , - ¡ I \ I ,: " !; Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30 ) days after the mailing date of the notice of said assessment{s), after which a lien shall be placed on said property{s), and interest shall accrue at the rate of six I percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that paYment has not been re- ceived by the City Clerk within thirty (30 ) days after the mailing date I of the notice of assessment, the City Clerk is hereby directed to record I a certified copy of this resolution in the public records of Palm Beach I County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the I subject property which shall secure the cost of abatement, interest at I the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1995. I I MAYOR ATTEST: City Clerk , I - 3 - Res. No. 2-95 NOTICE OF ASSESSMENT Date TO: James Jones, Jr. and Coral Lee Jones ADDRESS: 701 SW 9th Street, Delray Beach, FI 33444 PROPERTY: 701 SW 9th Street, Delray Beach, FI 33444 LEGAL DESCRIPTION: E10' of Lot 101 and Lot 102, Delray Manor Addition to Delray, according to Plat Book 12, Page 59 of the official records of Palm Beach County, Fl. You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of$93.50 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 11-29-94 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. \ The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 12-6-94 at a cost of $93.50 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. , - Copy of all notices referred to in this notice are available in the office of the Buildtng Official. BY ORDER OF TilE CITY COMMISSION. City Clerk \ \ . , MEMbRANDUM ~~ TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: ~AGENDA ITEM # fJ.K· - MEETING OF JANUARY 3, 1995 AWARD OF BIDS AND CONTRACTS DATE: DECEMBER 30, 1994 This is before the Commission to approve the award of the following bids and contracts: 1. Bid Award - three-year lease of copier (Xerox 5355) for Police Department - to the Xerox Corporation via Florida State Contract, for a total of $21,240 for the 36-month period. Funding is available from Police Support - Equip- ment Rental and Leases (Account No. 001-2113-521-44.30) . 2. Bid Award - to Chemical Sales Corporation for Muriatic Acid (HCL-Hydrochloric Acid) , in the estimated annual amount of $12,534.60, with funding from General Operating Supplies (Account No. 441-5122-536-52.20) . 3. Contract Award - to RPM General Contractors, Inc. for laboratory modifications at the Water Treatment Plant, in the amount of $46,999 with funding from W/S Capital Outlay - Water Treatment Lab Expansion (Account No. 441-5161-536- 63.41). 4. Bid Award - to Gateway 2000, in the amount of $20,808, for computer equipment for the Police Department, with funding from Other Current Charges (Account No. 115-2112-521-49.90) . 5. Lease/Purchase - to Motorola Communications and Electronics, Inc. , for 30 hand-held radios for the Fire Department, with financing by Barnett Bank, for a total cost of $31,681.11 over a three year period, from Rescue Service - Other Machinery and Equipment (Account No. 001-2315-526-64.90) . 6. Bid Award - to Murray Logan Construction, Inc. to install the Bay Street Stormwater Pump Station/Basin Street Pump Station Rehabilitation, in the amount of $347,610 A. Deduct Change Order No. 1 in the amount of $143,744 to Murray Logan Construction, Inc. which deletes the Basin Street pump rehabilitation in its entirety. B. Bid Award - to Hydro Pumps, Inc. , in the total amount of $66,144 for furnishing a vertical one-pump system for Basin Street Station and a vertical two-pump system for Bay Street Station ($43,644) and includes backup pumps for each station ($22,500). Funding sources are Basin Street Pump Station (Account No. 448-5461-538-62.23) in the amount of $20,886; and Nassau/Bay Street Pump Station (Account No. 448-5461-538-62.29) in the amount of $249,124, with budget transfer from 448-5411-538- 63.90. , . I ¡ . -,._~.....-- "-- ~-- .-.- M_E M 0 RAN DUM TO: DAVID T. Z:~ITY MANAGER THROUGH: JOSEPH SAF NANCE DIRECTOR FROM: JANICE SLAZYK, BUYER rl: SUBJECT: DOCUMENTATION - CITY C MISSION MEETING - DECEMBER 6, 1994 - AWARD THREE YEAR LEASE FOR XEROX COPIER FOR POLICE DEPARTMENT. ITEMS BEFORE COMMISSION: The City Commission is requested to award a three year copier lease to Xerox Corporation for the Xerox 5355 Copier with finisher via Florida State Contract #60Ø-380-94-1 for a total ·:Jf $21,240.00 for the 36 month period. ($590.00 per month. ) This lease includes all necessary supplies such as: develope~, t CJner , fusers, ~~ mai ntenance etc. , however, it doesnot i ,-·c 1 Llde paper. BACKGROUND INFORMATION: The Poli~e Department's current lease with Danka Industries has expired. Currently, the monthly lease is at $655.Ø0 which did not include any supplies. RECOMMENDATION: The Police Department & Purchasing Office recommend awarding the Lee..se c¡+ the copier t~ Xerox Corporation at a total cost of ~21,240.00. Attachme:its: Memora~Gu;; from Pol ice De~;=.¡- b"lent cc: David Junghans, Administrative Officer ~. J{. /. DEWY BEACH . . I . . . . . Delray Beach Police Department b8d ø-Al..bClty --~ 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , , II r! (407) 243-7888 Fax (407) 243-7816 1993 MEMORANDUM TO: Janice Slazyk, Buyer ~ FROM: David Junghans, Administrative Office - DATE: November 14,1994 SUBJECT: COPIER LEASE The current lease with Danka Business Products for the Support Services Division's primary copier has expired. The Department has reviewed several options, and it appears that Xerox offers the best deal. We had been paying $655.00 monthly plus all necessary supplies for the Danka lease. The Xerox lease would cost $590.00 for three (3) years and will include all necessary supplies. The Xerox model we are interested in leasing, model 5350, is on a State contract, #600-380-94-1. The cost of a three year lease is $21,240.00. It is requested that you take the necessary steps to ensure the timely lease of the Xerox copier for the Support Services Division. Should you have any questions, please contact me at extension 7852. DJ/ppt FILE: COPIER94 POLICE DEPARTMENT LEASE [N STALLMENT TERM LEASE XEROX PURCHASE 5m XEROX 5355 XEROX 5J55 ...... ...-.....-.. --.........-- ..........---..------.. ---........--..-...........- PURCHASE PRICEILEASE AMOUNT 15.845.00 15.W.00 15.845.00 TOTAL PAYMENTS ....... --....................................... --.............. --............... VEAR I ¡ ANNUAL PAYMENT' 1,080.00 5.956.J2 6.J92.40 YEAR 2-3 14.160.00 11.912.64 12.784.80 MA INTENANCE INCLUDED 3.240.00 INCLUDED COPY CHARGE INCLUDED 10.800.00 10.800.00 SUPPL I ES INCLUDED 4.320.00 4.320.00 __... ......................._......00 ................---............... .............. --... --...... --... SUH - TOTAL 21.24000 36.228.96 34.2"1.20 PURCHASE OPTION AT END OF TERM NI A NIA 2.175.00 --------------- -----......---...---... -------------..- TOTAL 21. 240.00 J6,228.96 J6.472.20 BARNETT BANI INSTALLMENT LEASE ......... ...--- ---............. --......-.... ---...-......... .......... VEAR I I ANNUAL PAYMENT I 5,78! .00 YEAR 2-3 11.562.00 MA INTENANCE 3,240.00 COPY CHARGE 10.800.00 SUPPL I ES 4.320.00 .. __... _.._... .............00... SUB-TOTAL J5,703.00 PURCHASE OPTION NI A TOTAL J5.70J.00 OPTION I: THREE fEAI LBASE . 1590/105, INCLUDES SBRVICE i SUPPLIES. NO PURCHASE OPTIOI II AVAlLABLB. OPTION 2: THlEE YBAlIISTALLIBIT PORCHASE . $496.J6/MOS; INCLUDES A $90 SERVICB CHUGE/IOS., $.OI/COPY CHARGE PER MOS.. i .004/COPY FOR SUPPLIES. OPTION 3: THREE LEASE II PURCHASE OPTIOI . $532. 70/MOS; IICLODES A $90/105. SERVICE CHARGE ,HI/COPY CHARGE PER 105., AND $ .004/COPY FOR SUPPLIES. RECOMMENDATION: OPTION 1. NOTE: BARNETT BANI WAS UNABLE TO Nm A BID PROPOSAL. THE LEASE mUIT FELL (' BELOI THEIR THRESHOLD. ".~~ ~~'-4CÞ]N[ THREE YEAR LEASE . 5355 C· XEROX- 5355 Copier with 4CÞjC"~'- Finisher $590.00 / mono -----.- Hard-working. Re'ié.lb'e. Quiet. And easy to work with. ~ l-t·...I-I- ',- _.u"~.--_.-.. . .- -- - - . "_'. 0. ._ .....&. _ -__ ~¿~~ -...I:.~:~ f ,.. . " ""7~",,",,;~... '.~ ,_ c ~ &- ~~ .. -,:'--..-.. ~~ ' , .~~ ¥. ::'" - . co- . -~,----~,.-::... ~: :.t~·~ · " .-.,--' -. " ...... ,---' ~.;-..:.~.,: - ~------.- xERO< -,p'-o ~~, -==-- .-,::,r. -: - . ..-.- . --- '~.: . ..:.):~~: '.- - . ~ ...-~ --~-~ ...~ . ->-l'!-. _ - ... '~1'~ '~ ,,;"~' . .,.~:J?::.:- .~..:~...-.~~.. . . . . - - .. . . . ~~<0 .."... ~:;,.- .... -.'. - ,. .. 'c,;:,: ~_..', ---þ----- .-- ~ -.. -.-.. ----- ----.......... - - --,.-....,..:..:;:..- --- -_.~-_.- , ~ ,..,.&~"~\;~'";~ i!rt~:' '::ê: ~ ..... jr.... ~... \. Hard-working. Reliable. - --- Quiet. And easy to work with. A hallway copier gets a lot of attention Reliable, automatic handling Supplied'Of' the long I1In eYery day, because a lot of people use it. of originals You can adjust both paper trays to accept But if it frequently runs out or paper or The Recirculating Document Handler tl,e si:.es 'au need. Tray I holds 2,150 dry ink, or if it jams a lot, then nobody (RDH) holds up to 50 originals oJ a time sheets, in sizes/rom 8 x 10 to 8 1/2 x 14. wants to pay an)' attention to it. :\lost or (8112 x II or 81/2 x 14). Just drop them Tra)' 2 holds 220 sheets, in siz.es/rom us are simpl)' too busy to take care or a in, and the RDH does all the work- 8 x 10 to II x 17. YOII can evet/ rt'load copier that needs attention. quktly, automatically. It positions each Tra)' I, whil( the 5355 copies/rom originalJor copyil/g, then returns t1,em to Tra)' 2. A Si(lgle-Sheet B)'pass Tray sal'es On Ihe olher hand, it's a pleasure to work YOll in proper sequence. Because oJthe time M'hen )'ou want to make a cOPJ on ",ilh a copier that's easy to use, is alway's RDH, the 5355 quickly prol'ides a prooJ stock that's not looded in the ot"er tra)'s- ready to copy, and needs little main- set or completed cop)' sets Jor immediate such as labels or transparencies. tenance. That's why we de, eloped the distribution. This RDH e.'en handles Xerox 5355. We started with a Control difficulJ originals, sue" as laser prints. Easily changeable dry inle container Panellhat simplifies selecting an) COP)' Adding dry ink is/tlSt and cleal/-just slide job. is eas)' to see and use, and con· There's also an RD/I Side Feeder Jor Ollt the old container, slide ill the ne..· one. ,cnienlly positioned. Then we dcsigned stream{eeding olle original at a time, There's never any spilled dry iI//.;. There's a quiet. "ery reliable document handler in siusJrom 8 x 10 /0 II x 17. With no gUEsswork on replacing the container, with an Automatic Sound Co, er. AuJomotic Start, the RDH Side Feeder because the 5355 signals whel/ to r('place iL lets you cop)' a sillgle. or odd·siz.e original, . ~ext, we added a long.running paper withoUl touchillg the START button. suppl.\ or 2,470 sheets. You can adjust Further, )'OU call pllt origilUlls tIS large tIS both trays, so loading different paper sizes II x 17 on the platen glass. is rast and easy. We made sure the dry' ink container lasts a fuU month, under .;} - - -- normal use. When you do need to add ';f dry ink, the container is replaced in aJew seconds without any mess. We designed the optiona/50·sheel Automatic Finisher to staple 5.000 sets ", befure it needs reloading. The Finisher ' . .. OUlpul Tray stacks up to 1,000 shects. ~ Finally. we made sure the 5355 is reliable . . enough for us to back it with our Tolal " Salisfaction Guarantee. The result: the .' ',,- 5.'55 ca n handle a lot or attention without ". needing a lot in return. ..... ". . ~;: .- - q;~,.. .~.-'~'- - ~-.!t~..~ - ~}~~ . '.' . -:. ~ --. <\ . :.., - -:1¿.~.~. . ..'~-.'" . . . "'<f~ - .~~~~i;;;-~~r·~·:'..~·.~~: ... --. ,"- - ~ - "'.,,\.~~"~~ .~. . .'. :.~ - -.. ... . .~. ':P. .. " -- - - - -- -- Solid image quality Aufomatic two-sided copYfnj···· -. CtYnge õrlglna/s Info rite -,355's relÚJbilir}" also extends to Ihe Make two-sided copies aulomaticaU)'from larger/smaller copies consistently n:crlltnl copy qualitY)'oll'll tl1Ie- or two-sided originals. The RDH wiU Use Zoom ReductionlEnIorgementto I'ary' gel for extended ¡xriods of time. Not o1lly automatically counl Ihe originals firsl 10 image siu aIlY"'/lerefrom 6P1D to 141% does texl come OuI ckar and sharp, bul see iftltere'san oddorel'Clf number 01 01 the origillal, in I'll ;nc~ments. Four also graphics, logos and an)' othtr solid pages. This assures correct page sequence pre-sel ratios handk your most common ink arras are reproduced lI'ilh a uniform when Ihe)"re copied. You can e¡'en make reductioll/('nlargementjobs. This leis )'011 blackness. Iwo-sided copies of lega/·si:.e on"gi1lll/s change as 1/2 x 8 1/2 originol ;,,10 all M'il/wut having to re-orienl e}'el)' other 8112 x 11 copy, an 11 x 17 onginal inlo 55 copies per minute onginaL Use Margin Shift to mOI'e the an 8 1/2 x 11 copy, anti so on. The 5355 delirm 55 letter·siu (8 1/2 x 11) image as much as I" 10 accommodate copies per minule. Seed legal-size binding or hole-punc1,ing Ihe copies. Use Computer torms made manageable (8//2 x 14) copies IOO? You'll gel them SpliJ Scan to make one hi'o-sided copy from The builJ-in Computer Fonns Feedcr althe ,·cry same speed, because the RDH the facing pages of a bOllnd documenl- /,andles a stack of 3{)() continuous lets your originals fced long-edge-first. willwIII having 10 reposition the docufM"t. computer fantlS, automaticallJ positioning For 11 x 17 copJing. use the RDH Side and copying each sheet. So, JOu can Feeder or platen and gel Q fast 25 copies alllomaticall)' reduce bulkyfomlS to per minute. cOIII'~niell/-siz~ copies in one cop)' run. '- -- s.lective editing Delete IlOri:ollla/ bands of smsitire or confidelltial data, up 10 Ihree separa/(' --~=:..:~ areas per originaL This leis you en'ale /1('11' originals easily, in afe..· seconds. ,-tnolha feature, Border Dektion, kts you rO/lOre shodoK'lillesfrom aOlouredg~ of (1 copy, .- Automatic finishing option When )'ou lI'alk awayfrom IlIe 5355. YOllr copy sets can be neaJl1 stapled and rt'ady for use. An optional Automalic FinÚher -- stDples copy s~ts (up 10 50 sheets) as (hey're .~_._.. ~_.. mad~. And, il a/so sems as a COIIl"enie/lct . -_.~.. :..:. - _. ," Stapler to staple your originals. Till' . -~..- : . -~... SO-sheet stapling Ctlptl£ÏJy perfectly . ; i.: ~ mtllc1leS ,he 50-shed 4«umenl halldla -;":~--'.~" capacily. Tile AutolMlk Finis/,er holds ~-;....' ...:-.:' - ..- tI 5,000-staple cartridge. And the Fini~/¡cr ~ J Output Tra)" holds up to 1,000 sherts. c :.: ... ~E?~~·:~~~~~· .' :~:". ,;.~-~,~ ~. ~. .......,." -i...... ~.J :. ~~-·:~;~f;lf¿;~.>~ -I; . ~~.- ~¿ ':. -~.:.:~. - .,"' ... ~. . .'- :- '. . . ".~ ...- '-.;'- .0: . '. . - - --_. .-. --"._------. . I -------- ------------ Always easy to use can also addfrollt and 'or back con'n (in Job Interrvpf We put specinl emphasis on making aU our a heal';u or differellt color stock) to roch Asfast as the 5355 is, there an times l4'hen document products easy to use. Infoct, a set. This girl's reports and proposals a )'ou'U K'ant to cuI in 'H:iJh a really urgellt leading indepcndC'nt oJ]ice equipment crisp, professionalloolc. You can also job. Wilh Job Intt'mlpt, )'ou can stop the testing sen-ice has recoglli:.ed the superior insert dMder sheets ",'herel'er needed to S3SS in the mi.ddk of a job, ",aU the case of use prol'ided tJ,' our Control Panels. separate chapters and sections. The 5355 needed copies, and then lunre the 53S5 go The SJSS's Control Panel is cOlll'èniently call copy OlltO your corers and illserfS or back and fillish the fU'St job-K'ithoul /QcaUd and easily risible. Your choices are leare tllelll blank, if you K·ish. horing to sUlrt all over again. organi:ed in a logical sequence. The ""0- line Message Display can show olrer 500 A quiet worker Remote Interactive diJJerentlllE'ssages to guide )'OU through You can hare the S355 close oJ hand, Convn&nicatiotM (optional) an)' copying situation. An aninUlled .,.,ithout disturbillg anyone. The SJ5S has WiJh Remote Interactive Communications Graphic Display calls your attenlion to been designed to minimize typical copier (RIC), K'e can b'nk your SJSS to our central ""herel'er iJ's lIudC'd on the 5JSS. The noises. The Automatic Sound Corer alld computer ria an ordinary phone line. If IlIformatioll System prol·itles an erpanded internal soulld insulation make this an )'our SJSS has a probkm, RlC reports iI explanation of selected copier topics. The extremE'ly quiet copier. to us immediiúe(\'. }' our Xerox Sen-ice SJSS guides )'ou step·b)··step through team responds, often kllowing--because e"ery' copy job and is smart enough 10 Customized features of RIC-.,.·haJ tools and parts to bring. prel'ent )'ou fToIII cflOùsillg conflicting . You call set sel'era/features, sllch as the Also, RIC collects billing infon1llJJi0ll semllgs! '. {l11l0Ullt of Margin Shift and Border directl)'from the copier. This ensures ...... _ tJ,'etion, the Power Sal'er mode, and so accurate biUing, and )'ou'l/ 1It'I'er hal'e to Add special touches:...&:~:~-;:.()!!, to suit )'our ù'4i.·itluaI needs and do "md" reading" agaill. Talk to )'our to your documents .;....... ~,:iheferences. This is ø real tim, sa"('T ol'er Xerox RepresenlDtil'e for all the details. If)'ou're mating trallsparen.ciés/,1c;¿-?:'~ 'e.}.ollg term, because tþ.efeature sem'ngs presentation, the S355 can insert ~ ~~.,;'.. .:,-, ,)'ou prefer are read, K'hiite"er someone "_J.!!l.~~~h.t'e.en each tronspar~~t~;z¡ffi~:k~ ~p'~~'es l<f the copier.. ~ ',' ',,' ~,:J ' ~~:<- -'", -:.._~:'~~/">-"(Æ'" I' ~ .~"..,,~ ·-·~:·~~è . ..¡~.. .-. ,:,.~...;i{=.~.._.. ~!'I'~'';'':''''''S' -~r' .;J'..... " .,...... ,." . . " r.....::.~;:·:. .;,.' J...., ~,' ~...i1""-~¡.f þ . :1... #.~~,,,:' "::-.........--~~~ ....;:_ .-. .-;. __.._.~..._.. ._ ""'" ='-o.tt~ ..~.~.. "..-....:~~~,~Q:;,__ _~_~_ > .. ,- - ".- - , -' - '. . "'- - · ' . '2J .~ '- - ......","" l-.- I ~J.DI~ f 2 Sid«l eo", Copy Con"..t Reduca~ p."., SuppIr I ~, ., r' ~ r- I ~ .:..J .!.-J SIapled Sided .. Sided Lighter 141" T~2 I' · '. 5.5x'.5" 1.50 II ~ $ I . ) j':' 8.5xU .. l11tJl EJ ~-' - , ~ Norma! ~:!...JE1 · I I SidtId .. Sided I . Fill SIze \',¡'1abie ". ~ ¡ [Œ) .. ~ffEJ 0-' t··· . ,"' . -.: :~"~ I Co{!arf»:1 S~ .. sJ., Dallier II 1tJ 7 .. '.SIc II r,I/)' , '.. .' ,- þ - SI.1 . ['. , . I . I 'y' ~ ,- . . - . . f. . : , ! ~. I . I . ld' ! ¡ ., - J =--. - ~. ... -,' ,-.~:: . ~,; ~r~::~.:}3~f}J"F.r/~·:J ~ :;;~Ì~~¿tlC . < :':;::j;~~;~.~... -:-' . .- ..... '": '. ..' .. .... .. -=:.-;.;... - ~ ..;......:.~- - .- ".J~et' our -';Uínj.JH~te Customer Support package ---~-- --. "---.--- The Xerox One source for supplies Total Satisfaction Guarantee We offer alllhe copying supplies you'lI . Probably the best example of our Customer ~cd. plus a complete line of fa.\ and Support philosophy is our Guarantee. YOIl. t'ngineering supplies. So. you gain the not we. decide if your Xerox products are convenience and efficiency of ordering performing to your sati<;faction. Talk to from just one source. Our toll-free phone your Xerox Sales Representative to see ho.... number and computerized Suppl) ~et comprehensive this Guarantee real1y is. system take the bother out of ordering. Simply call 1-800-822-2200. Xerox Customer Service Our Service organization has long been An environmenflll partnership recognized as one of the best-equipped and Xerox is committed to protecting the best-trained in the industry. This training en\'ÎIonment and designing products that is consistent across the country. At our ('l'nserVe our resources. All Xerox prcxfucts SelVice locations. a computerized communi- are designed to reduce waste at th... source. cations syslcm provides your Xerox Service df...r maximum opportunity fl)r rcq'Cling. Representative with all the data needed ;i.'1d avoid the creation of hazardous \\ aste. to respond to )our call3S efficiently as The 5355 can copy onto rec~ ded paper. possible. All this and more is included in de\'elo~d and marketed by X,'rox. our Full Service \1aintt'nance Agreement. Rc'('ycled packaging is ust'd wher,'ver Ç\.)"ible. When not in uS('. the 5~55 r.:\erts Financial options to an energy-saving Power SJ\er mode. Xerox offers a range of purchase, lease and rental plans. and evcn fmancing. to accommodate your linancial requirements. ~ ~ -- - .'-," -- '~"'" &,.", , l '.,." S I I ! -¡ i I i ! I I I I I ! i ¡ I I i eCI" .\.... .~ . 7'" ....-----,--_.- --- .-.' . - -. .+ -- r-:::---ç::. ~ ~.,. ."'. ._~ .....-*--- . ..... r-. ~~ - r-," J' rJ ~ -, µ ~. ___ _ Xuox 5355 __. XUO{ 5355 ...·illt ....ith òptional Olfsn Catch T,~' Fi"is¡'..r andCOnl'('ni..n,'" Slaplu Xerox 5355 Specifications Copy Speed Zoom ReductiOl1lEnlargement ROH: 55 per minute, 81/2 x II and 81/2 x 14. Variable: 64/if to 141% in 1«< increments. ROH Side Feedcr and platen: 8 If}. x 14: 50 per minute; Pre-set ratios: 64%, 74«K.. 100<,7;'. 129~ and 141%. II x 17: 25 per minute. Aut ,. r' 1-..-- ( t· II .. oma IC rln ~ op lona hrstcopy:.t.1 seconds (from platen). S I 50 L__._ . 8 10 81f}. 14 C ' :mt't.. 1 t 999 lap es up to SIK:CQ per !iel, sizes x to x. OP) qu 1 ~. 0 . Can also be used as an off·/ine coO\cnience st¡lpler. Originals Fini~her Output Tray holds 1,000 sheets (500 sheets for II :\ I -: I, ROB: 8 x ; 0 to S 1/2 x l.t, 16-32 lb. \\eights. up 10 50 al a lime. Stapk ~lJpply: 5.000-slaple "al1ridge. RDB Sid.: Fceder: 8 x 10 10 II x 17. 13-·0 lb. weights. Offset Catch Tra -- Computer Fonm Feeder: 5 x 8 1/2 to 12 x 15 3/4. "Y . 11-2-t lb. \\ eights. 300 computer fonns p.:r nm. Hold: .~ sheets (up to 50 ~,h~~~ pe~ scl). sizes up to 8 1/2 \; 1.-t, Platen: a!1\ ~jzc up to 11 x 17, including bulky and 3-dimensional (I 00 _hl.:l.:~s of 11 x 17). . Th~ - -- 5 "Jth Off~t C4itch T~) I In'I< .Id O ',,' 1 I . ~ of the opllonaJ Automatic FInisher) comes with an off-hne n"u a s. C . S I th I SO h . ~ on\ c!1I.:nce tap er at ~tap ö up 10 _ 5 eelS per set. cop.:'> l'r Throughput originals. Staple supply: 5.000-staple cartridge. For one-,id..d copying: sizes 8 x 10 to II x 17. £1 t . A.....t in 16-31 lb. \\eil!hts, ec ronlc uul IOn ,.. . ~ ACCl)lInt numbers: up to 2.000, with mdl\'lduaJ access codes. Automatic Two-sided Copying A I'rin:er port for a hardcopy printer is built in. 2-sided copi.:s from 1- or 2-sidcd originals; sizes 8 1/2 x 11 to A d" , Opflons 8 1/2 x l-t. 16-32 lb. weights. Rd Itl°lnna . C .. h.. Duplex TrJ\' holds 50 sheets. em?le teractlve ommumcal1ons (RIC). ~ec amca! Aud;;;\'rl. - Foreign Interface, Dual Language Message Display. 220 VolI· Paper SUr'ply 30 Am~re Conversion Kit. Data Shuttle tReceive onl)'), Short- Tray I: 2.2~O ~heets, 8 x 10108 Jr- x I·t 16-32 lb. weights. EJgc Feed IGt. Tray 1: 2~(I ~hws, 8 x 10 to 11 x 17, 16-32 lb. weights. S· d Welgllt -- Both Iray~ .If': customer-adjustable. Ize,a,! , . ", ') ... H Single-Shed Bypass Tray: 8 x 10 \0 J J x 17. 16-32 lb. weights. ~~:~I~I~~s~~.Widlh 64A . Ocplh _9.9 . Height 48.5 . RDH'Offset Catch Tra)': Width 57,1", Depth 29.9", Heigh! ":SS \\'cight 588 Ibs. Environmental FKfors ~oisc: Standby 39 dba. Running ~ dba. Power Saver mode is standard. .. Packaging: recyclable woo:i'paper-bJ.~ed. Ozone emissions: <0.02 ppm. ~ Electrica/llequirwnents Xerox ~ Sole use of a single-phase :0 Ampere. 115 Volt. 60 Hz The Document Company !y (/lL power source. IfIJ'FA!;tN Wann-up time: 4 minutes maximum. ~erox Corporal ion ....", '!JÄrutE Not. Xerox Squar: 05.~ _ Paper capacities are based on 20 lb. stock: capacities will \'3I"\ \\ j!h Rochester. ~ew "t ork 14644 different weight stocks. . XEROX' Jnd 5355 are lrademarks of XEROX CORPORATION. Producl ap;,<,",:m.:e. build status and/or specific3tions subj«leochange ....ithoul nOli.:e. Prinled in USA t 1193 6t0P60SS9 - -. ~ .._.~ ~...-.--- ~ ---.-- - --- . .----.---. ......-- .. _...-...~. . - .... ..~. _, ._ .1 . --- .-.- · Agenda Item No. : ð' .¡f.:¡ . AGENDA REQUEST Date: 12/15/94 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: Januarv 03. 1995 Description of agenda item (who, what, where, how much): Bid Award - Bid #95-05. Muriatic Acid (HCL - Hydrochloric Acid) to Chemical Sales Corp. at estimated annual cost of $12.534.60 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Chemical Sales Corp. at estimated annual cost of $12,534.60. Funding from dept. 's General Operating Supplies Account #441-5122-536-52.20 pepartment Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO (if 8iìli6abl~ Funding alternatives: Account No. & De~: 441-5122-536-52.20 vrrP-lPf; 1N g~ UES Account Balance:' . City Manager Review: Approved for agenda: g/ N°~1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved M E M 0 RAN DUM TO: David T. Ha~~ Manager THROUGH: Joseph Saffor, . ce Director FROM: Jacklyn Rooney, Senior Buyer ~ DATE: December 15, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 03, 1995 - BID AWARD - BID #95-05 MURIATIC ACID, TERM CONTRACT Item Before Commission: The City Commission is requested to award a contract to Chemical Sales Corporation, for the purchase of Muriatic Acid (HCL - Hydrochloric Acid) , at an estimated annual cost of $12,534.60. Background: Bids for this contract were received on November 22, 1994, from two (2 ) vendors, all in accordance with City purchasing procedures. (Bid #95-05. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Deputy Director of Public Utilities has reviewed the bids, and recommends award to Chemical Sales Corporation, per the attached memo. Recommendation: Staff recommends award to Chemical Sales Corporation Inc. at an estimated annual cost of $12,534.60. Funding from the department's General Operating Supplies. Attachments: Tabulation of Bids Recommendation From Deputy Director Public Utilities cc: Richard Hasko, Deputy Director of Public Utilities Don Haley, Manager of Water Treatment Plant g"./{,.J-- - MEMORANDUM To: Jackie Rooney, Buyer ~t~ Thru: Richard Hasko, Deputy Dir. Public UtilitieJ~ From: Don Haley, Manager of Water Treatment Plant SUBJECT: MURIATIC ACID CONTRACT Date: December 9, 1994 This memo is intended to override the memo of December 2, 1994 from Don Haley to Jackie Rooney. Due to Allied Universal being unable to meet the terms of the bid #95-05, "The delivery of three barrels of acid every Monday", they have disqualified themselves and staff now recommends they contact be awarded to the second lowest bidder, Chemical Sales Corporation. Please process all necessary paperwork for Commission approval so that a purchase order may be issued. ~)~ ~), Don Haley \ Manager of Water Treatment Plant DH/dk cc: File: a:muriat2 MEMORANDUM To: From: nance Director Date: December 20, Subject: Additional Information on Muriatic Acid Bid The City has communicated with Allied Universal regarding their supplying three (3) barrels of muriatic acid per our bid specifications. The City of Delray Beach is limited to a maximum of three (3 ) barrels per the Department of Environmental Regulation due to the design of our secondary confinement area. We cannot have more than this amount in our storage area. The supplier (Allied Universal) has palletized their loads and therefore will not supply anything less than four (4) barrels. They realize that this position is not in accordance with our bid specifications and that they would lose their bid if they could not comply. We have no choice but to reject their bid and choose the next lowest bidder, Chemical Sales Corporation. Please forward the attached documentation to the City Commission for approval. ~ CITY OF DELRAY BEACH TABULATION OF BIDS MURIATIC ACID TERM CONTRACT November 22, 1994 BID 1195-05 Allied Universal Chemcial Sales Item/Description Corp. Corp. Unit Price for 59.00 / * 80.35 / 55 gal. drum - x est. annual 9,204.00 12,534.60 I usage of 156 Delivery 3 work days after 2-3 calendar days afterl I receipt of order receipt of order IComments/ * Plus $50.00 deposit !Exceptions per drum , Minimum Delivery per I location - 4 drums I ¡ ì I I ¡ ì ! I I I ; i I I , . . - Specifications Cont..... Q. DETAILED SPECIFICATIONS: The City of Delray Beach is seeking a firm price for the purchase of Muriatic Acid (HCL Hydrochloric Acid) to clean stripping towers at the Water Treatment Plant. Concentration: 20\ Bammune, 31.5\ Hydrochloric Acid Container Size: 55 Gallons Usage Per year: 156 Barrels Maximum Delivery: 3 Barrels/Weekly Delivery Time: 8:00 A.M. - 4:00 P.M. (Monday Only) Spot Location: Chemical Building at Stripping Tower Inside Containment (Road Access) M.S.D.S.: Required Waive drum deposit on every delivery (Hold only the 1st delivery) It is highly reconunended that vendor must visit site prior to submitting bid proposal to ensure that your delivery/equipment vehicle can access delivery location. I I - I I 9 · Agenda Item No. ~.)(~ AGENDA REQUEST Date: December 20, 1994 Request to be placed on: __X__ Regular Agenda Special Agenda Workshop Agenda When: January 3, 1995 Description of item (who, what, where, how much): Staff request City Commission approve award of general construction contract to RPM General Contractors, Inc. for Laboratory Modifications at the Water Treatment Plant, in the amount of $46,999.00. The work qenerally consists of selective demolition of existinq office and lounqe areas and conversion to laboratory area. Fundinq is available from the Water/Sewer Fund, New Capital Outlay, Water Treatment Lab Expansion Account No. 441-5161-536-63.41. ORDINANCE/RESOLUTION REQUIRED: not required Recommendation: Staff recommends award of qeneral construction contract to RPM General Contractors, Inc. in the amount of $46,999.00 for the Water Treatment Lab Expansion Project. Department head signature: Determination of Consistency with Comprehensive Plan: Ci ty Attorney Review/Recommendation (if applicable) : Budget Director Review ~:red on all ltems involving expenditure of funds): , Funding available 'Y . NO Funding alternativ~s~-{jrb' réß 4' (~amliCable~ -·41' Accoun t No. & Descr ~t1 S / - '5?fÕ- -.I W 1\1 W / 7-L L- >It Account Balance 5 I .. EiPM>/o. City Manager Review: §/NO ð?J) Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9467\agreq103 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: José A9Uil~ Asst. cons~ion Manager Date: December 20, 1994 Subject: AGENDA REQUEST Water Treatment Plant Laboratory Expansion Project No. 94-67 ................................. Staff request City Commission consider award a general construction contract to RPM General Contractors, Inc. in the amount of $46,999.00, for laboratory expansion and modifications to the Water Treatment Plant Laboratory. The project bids were received on December 13, 1994 and have been reviewed by both staff and the architect. Following is the bid tabulation. ...................................... ... ...... ....... .......................................,........ ....... ... ..................................... .......... .... . .............................................. ............................................. ... ..... ..................-'~.................~.....~......~.... ............................................ ... ...... ....................... .................. ...... ...... .... ..!·..III;lllllli~. i.i.......i......... .i..II~IÎEÎì.~·~~....··.·...·..·. Lab Modifications $34,174.00 $36,700.00 $62,640.00 Replace Gas Line $12,825.00 $11,500.00 $35,780.00 Total $46,999.00 $48,200.00 $98,420.00 Attached are copies of the submitted bids, a memo from the architect and other data related to this project. Staff recommends award of general construction contract to RPM General Contractors, Inc. in the amount of $46,999.00. Funding is available from the Water/Sewer Fund, New Capital Outlay, Water Treatment Lab Expansion Account No. 441-5161-536-63.41. cc: William Greenwood Howard Wight File 94-67 (A) \esd\9467\agmeml03 r¡./{.3 David ¡VI i I I r .. and Ass 0 cia t c s, P.A. Da\'id R. Millrl", A,l.A, MEMORANDUM DATE: December 19, 1994 TO: Jose Aguila, Asst. Const. Mgr. City of Del ray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 FROM: David Mille~~ ) PROJECT: WATER TREATMENT PLANT LABORATORY MODIFICA nONS PROJECT NUMBER 94-67 SUBJECT: BIDS I have reviewed the bids received for the above referenced project and would like to offer the following recommendations. The bid packages appear to be complete and in order, The apparent low bidder is RPM General Contractors, Inc. I would recommend proceeding with contract negotiations with RPM General Contractors, Inc. Please let me know if you have questions or concerns. Thank you. Architecture Planning ConstructiOil Management luterior Design 10:' South N"ITÎ"IIS AI,'IIUl' '\V"st Palm B,'adl . Flodda . JJ-HlI (~()"'ì(,;:;;:;-P~;:; 4072437166 PURCHASING-OFFICE 218 P02 DEC 20 '94 16:04 - - MBMORANDUM '1'0 : FROM: nc:e Director DATE: December 13, SUBJBct~ ARZ BuildQ~s Inc:. On DecømÞer 13, 1994, bids were opened. at 10:00 A.M. tor the Water Treatment plant Laboratory MOdifications. A Þid was received from ARZ Builders, Inc::. The bid bond submitted with ARZ Builders Inc. bid submittal contains white out on it and modifications typed over it. I am therefore recommenc1inq rejec:tion ot the bid from ARZ Bui~derll, Inc. due to the.e erasures even though the Þonding c:ompany was c:al1ed &nd has verified this bond is legal. We do not find that a. 1e9a1 document containing these modifications is acceptable. The original bid submitted Dy MoZ Builders is on file in the Purchasing Off ice. '. ce: Jose' Aguila. David Miller & Associates , David Tolce8 , I . ~, . . - CD I I PROPOSAL I (BID FORM) Proposal of RPM GENERAL CONTRACI'ORS. INC. I , (Contractor) 415 N.E. 28th Court, Pompano 'Beach, Florida 33064 (Address) I to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project I entitled: Water Treatment Plant PROJECT NAME: I Laboratory Modifications CITY OF DELRAY BEACH PROJECT NO: 94-67 I CONSULTANT PROJECT NO: . . 94-902 I To: Purchasing Officer city of Delray Beach, Florida 100 N.W. 1st Avenue I Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is I accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time I indicated in this Bid and in accordance with the Contract Document. I 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This I Bid will remain open for sixty (60) days after the day of Bid opening. Bidder wi1l sign ~nd deliver to the CITY the Agreement and submit the Contract Security, Insurance certificates and other documents required by the Contract I Documents wi thin fifteen days after the date of OWNER I S Notice of Tentative Award. If Bidder should fail to sign the Agreement and deliver it to the CITY along with the I contract Security, Insurance Certificates and other docu- ments within said perj~d, the CITY shall have the power to rescind said award and also retain for the CITY the Bid Security accompanying the proposal which shall become " forfeited as liquidated damages. I . P-1 - ~ I I 3. In submittinq this Bid, Bidder represents, as more fully I set forth in the Agreement, that: I a. Bidder has examined copies of all the Contract Documents and of the following addenda: Number Date Number Date I 1 11/28/94 II receipt of all of which is hereby acknowledged and I also copies of the Advertisement for Bids and the Instructions to Bidders; b. Bidder has examined the site and locality where the I Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and I regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. II - c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with I any agreement or rules of any group I association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder I to submit a false or sham Bid; Bidder has not solic- ited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over . any other Bidder or over the CITY; no official of the CITY or any person in the employ of the CITY is directly or indirectly interested in said bid or in . the supplies of work to which it relates, or in any person of the profits thereof. . (Remainder of this page left blank intentionally] II . :¡ III P-2 III W . . .. I - û) I I I 4. Bidder will complete the work for following prices: I SCHEDULE OF BID PRICES I B~ . Item I No. Description Lump Sum Cost I 1. Laboratory Modifications' $ '3 ~, I 1 'f. 2. . Gas Line Replacement $ \ '2.. ) ~.:l 5 . I 3. Other (if applicable-list) $ - 0- I ·Includes all work shown on Construction drawings, A-I & A-2 (except Bid item #2) I I Total Evaluated Bid $ 4- (, ¡q 9 ?, Bid Items I through "3 (in numbers) I Total Evaluated Bid ~ ~ I t1 /J~ Bid Items I through '\-~t'~ Q. (in words),Q ~ ~ I ð'~ ~ Cents I I I P·3 I I ~ cY I I ---. I 5. Bidder agrees that the Work will be substantially complet- ed within 4S calendar days after the date when the I Contract Time commences to run, and completed within 15 calendar days after the date of Substantial Completion. I , Bidder accepts _the _ rrovisions of the Agreement as to liquidated damages in the event of failure to complete the I work on time. 6. The undersigned agrees as' follows: Accompanying this Proposal is a certified check, cashier's I check or bid bond (5% of total Bid Price) meeting the requirements of the Contract Documents for $ 5% /3c/IJO payable to the City of ._ Delray Beach which . to be 1.S I forfeited if, in the event that this Proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory . Contract Security and furnish insurance certificates under the conditions and I within the time specified in the Instructions to Bidders; otherwise, said certified. check, cashier's check or bid bond is to be returned as provided herein. I - 7. Communications concerning this Bid shall be addressed to the Bidder as indicated below. I 8. The terms used in this Bid which defined in the are General Conditions of the Construction Contract included I as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on Deeember 13, 1994 . I a. ) (If an individual, partnership, or non-incorporated organization) I Signature of Bidder By I Address of Bidder I b. ) (If a corporation) ractors, Inc. signature of Bidder I -- corporate Seal I - Address of Bi J 415 N.E. 28th Court .J Pompano Beach, Florida 33064 I P-4 J - CD - -- - Incorporated under the laws of the state of Florida . - c. } certificate of Competency number P93000058024 . d) The names of the corporate officers, or partners, or - individuals doinq business under trade name, is as follows: Robert 'p .McTea ue Jr. - President J - Signature of Bidder By 0 rt P.McTeague.Jr..President - Name . President t Title Business Address 415 N.E.28th Court . Pompano Beach, Florida 33064 Incorporated under the laws of the state of Florida . J (Remainder of this paqe left blank intentionally] . - I I I I I ~ I..' .. J P-5 · 6J I I - I INFORMATIOU REOU:rR.ED OF BIDDER I BIDDER'S GENERAL INFORMATION: Bidder shall furnish the following information. Failure to I comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. I (1) CONTRACTOR'S name and address: RPM General Contractors. Inc. I 415 N.E. 28th Court I Pompano Beach, Florida 33064 (2) CONTRACTOR'S telephone number: (305) 785-8900 I (3) Number of years as a CONTRACTOR in this type of work: L- c..51 I (4) Names and titles of all officers of CONTRACTOR'S firm: ...- Robert P .Mc.Teague,.Tr., Pres;<Ìf'l1t .- I Robert P. McTea~ue .Jr.. Treasurer Robert P . Mc.Teague ,.Tr., Sf'C.rf'tAry I I I (5) Name, address, and telephone number of surety company and agent who will provide the required bonds on this I contract: Ted Jedlick/ J.B.I. Group, Inc. (305)327-0442 I 6191 Orange Drive. Suite 6159E. Davie. Florida 33314 (6) Principal Materials Manufacturer and Subcontractors. I This proposal is being submitted by the hereinafter stated - CONTRACTOR who proposes to perform work specified and I I , P-16 I - CD I I - I QUESTIONNAIRE The undersigned guarantees the truth and of all I accuracy statements and answers herein contained. 1. How many years has your organization been in business in I the state of Florida as a Contractor? 8 years I 2. What is the last project of this nature that you have I completed? Police Technical Services Unit - Second Floor Rennv::!t;nn~ - rity ("If Ft. I Lauderdale 3. Have you ever failed to complete work awarded to you: If so where and why? No I 4. Name three individuals or corporations for which you have I -- performed work and to which you rèfer? Ci ty of Fort Lauderdale . r. r I Florida Atlantic University Gee & Jenson Architects I 5. List the following information concerning all contracts on hand as of the date of submission of this proposal. (In I case of co-venture, list the information of all co-venturers). TOTAL CONTRACTED % OF I CONTRACT DATE OF COMPLETION NÞ.ME OF PROJECT OWNER VALUE COMPLETION TO DATE Houston's Restaurant H:us1:a1's RestaJrants. $2,153,468.00 12/94 98% I Pompano Beach,Fl. Ire. F I.a..œtdale Main F1 Of ~521.oo 7/95 .0- I t. t:a'a"œ .D:pt. 1ì:ans¡:x)Lta Yard MiitJ.a1 & RErovatims to A:ÌTtÎI1.B~.&Caïf~ Ca1ter . if necessary) I (Continue l~st on insert sheet, -- I .. , . P-18 I I . (j) II , - II 6. Have you personally inspected the proposed work and have you a complete plan for its performance? II Yes 7. Will you sublet any part of this work? If so, give II details. No j 8. What equipment do you own that is available for the work? II (Attach additional sheets as necessary) A 11 NePded II 9. What equipment will you purchase for the proposed work? II None .- lo.~lWhat equipment will you rent for the proposed work? - None - state the true, exact, correct and complete name of the part- I nership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partner- ship, state the names of all partners. If a trade name, state I the names of the business under the trade name. It is abso- lutely necessary that this information be furnished). I RPM General Contractors, Inc. Correct Name of Bidder a) The business is a (Sole Proprietorship) (Partnership) I (Corporation) Corporation I b) The address of principal place of business is f' 415 N.E. 28th Court, Pompano Beach, Florida 33064 I P-19 ~ - (j) I I - . I c} The names ot the corporate officers or partners, or individuals doinq business under a trade name, is as I follows: Robert P.McTeaiue.Jr.. Pres;òpnt Robert I Signature of '" 'dent I Business Address I Pompano Beach,Florida 33064 Incorporated under the laws of the State of Florida . I . I . I r- ,;'1 I I I I I I I 0. (I I . . P-20 I - -- -- - - @ . , t PROPOSAL I (BID FORM) Proposal of McT@AGtTE ~n"~t'r111'" t-i nn T,.,,.. I , (Contractor) 314 N.E. 3rå. ~t. Bovnto~ BpA~n F1 11it.1 c; (Address) t to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project I entitled: Water Treatment Plant PROJECT NAME: I Laboratory Modifications . CITY OF DELRAY BEACH PROJECT NO: 94-67 I CONSULTANT PROJECT NO: 94-902 , To: purchasing Officer City of Delray Beach, Florida 100 N.W. 1st Avenue , Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is I accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time t indicated in this Bid and in accordance with the Contract Document. I 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This I Bid will remain open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance certificates and other documents required by the Contract I Documents wi thin fifteen days after the date of OWNER IS Notice of Tentative Award. If Bidder should fail to sign the Agreement and deliver it to the CITY along with the I Contract Security, Insurance Certificates and other docu- ments within said perj~d, the CITY shall have the power to rescind said award and also retain for the CITY the Bid security accompanying the proposal which shall become {I forfeited as liquidated damages. , P-1 (j) . I - I 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: I a. Bidder has examined copies of all the Contract Documents and of the following addenda: I Number Date Number Date 1 11/21 II . receipt of all of which is hereby acknowledged and I also copies of the Advertisement for Bids and the Instructions to Bidders; I b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and I regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. I .- c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with I any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder I to submit a false or sham Bid; Bidder has not solic- ited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by I collusion to obtain for himself any advantage over any other Bidder or over the CITY; no official of the CITY or any person in the employ of the CITY is directly or indirectly interested in said bid or in J the supplies of work to which it relates, or in any person of the profits thereof. I I I [Remainder of this page left blank intentionally) I Ci P-2 I ø I I 1 4. Bidder will complete the work for following prices: I SCHEDULE OF BID PRICES I Bid Item I ~ Description Lumo Sum Cost .. f 1. Laboratory Modifications' s-:;:c., 7 Oh. - 2. . Gas Line Replacement S /.( Sè1 0 - , 1 3. Other (if applicable-list) - $ - 1 ·lncludes all work shown on Construction drawings. A-1 & A-2 (except Bid item #2) I , Total Evaluated Bid $ I...{ g- , Õl C( j . - Bid Items 1 through 2. (in numbers) I Total Evaluated Bid Bid hems 1 through z... (in words) If" ,1.,( .,~ ~"",".- ,J -k.uo .ßu.-..-.cA....J I Uaß ~QA,o C ts . t I I P-3 I I 0) J J ", .:~ .",~; (-. . ~., " J . . .:. 5. Bidder agrees that the Work will be substantially complet- J ed within 45 calendar days after the date when the Contract Time commences to run, and completed within 15 calendar days after the date of Substantial Completion. I . Bidder accepts the rrovisions of the Agreement as to liquidated damages in the event of failure to complete the I work on time. 6. The undersigned agrees as follows: J Accompanying this Proposal is a certified check, cashier's check or bid bond (5% of total Bid Price) meeting the requirements of the Contract Documents for $ payable to the city of .' Delray Beach which . to be I loS forfeited if, in the event that this proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory Contract Security and I furnish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid I bond is to be returned as provided herein. r- 7. Communications concerning this Bid shall be addressed to ,. the Bidder as indicated below. I 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included I as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on . ¡ a. ) (If an individual, partnership, or non-incorporated organization) - Signature of Bidder ) By ~ Address of Bidder // / , b. ) (If a corporation) ",. Corporate Seal Signature of Bidder ~ ~£- ___- By Michael H. McTea2ue C:' Address of Bidder 314 N.t. 3 st. BovntonBch.. Fl. 33435 P-4 I (?) I .-- I Incorporated under the laws of the state of Florida . I c. ) certificate of Competency number CBC017941 . d) The names of the corporate officers, or partners, or I individuals doing business under trade name, is as follows: I Michael H. McTeaGUE President I Signature of Bidder ~~~? --- By Michael H. McT@A~IIP I Name . Presidp"t I Title Business Address 11ú N F " ~t' I Rny" t'n" ~Ø!:H"'~ 1=" , ~/I ., ~ Incorporated under the laws of the State of Florida . I I (Remainder of this page left blank intentionally) I I I I I ~I I P-s . - ~ PROPOSAL (BID FORM) Proposal of ARZ BUILDERS,INC, !t!tM~ ~~ BOYNTON tor) (Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: PROJECT NAME: Water Treatment Plant ... Laboratory Modifications CITY OF DELRAY BEACH PROJECT NO: 94-67 CONSULTANT PROJECT NO: . . 94-902 To: Purchasing Officer city of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 1.. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Document. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty (60) days after the day of Bid opening. Bidder will sign ~nd deliver to the CITY the Agreement and submit the Contract Security, Insurance certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder should fail to sign the Agreement and deliver it to the CITY along wi th the Contract Security, Insurance Certificates and other docu- ments within said perj~d, the CITY shall have the power to rescind said award and also retain for the CITY the Bid Security accompanying the proposal which shall become .. forfeited as liquidated damages. J P-l '. - ~ - 3. In sUbmitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has exåmined copies of all the Contract Documents and of the following addenda: Number ~ . Number Date I ).I()/ 21-,/i , receipt of all of which is hereby acknowledged and also copies of the Advertisement for Bids and the Instructions to Bidders; b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. .- c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly . or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solic- ited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no official of the CITY or any person in the employ of the CITY is directly or indirectly. interested in said bid or in the supplies of work to which it relates, or in any person of the profits thereof. (Remainder of this page left blank intentionally] r¡ \. .' P-2 . - 0 . 4. Bidder will complete the work for following prices: SCHEDULE OF BID PRICES Bid ltem ~ Descriotion Lump Sum Cost 1. Laboratory Modifications· $ ,2 G 'to. ~*' 2. . Gas Line Replacement $25 ¡PO.; ,. 3. Other (if applicable-list) $ ·Includes all work shown on Construction drawings, A-I & A-2 (except Bid item #2) Total Evaluated Bid 2- $ 1% V L 0 . (, .' Bid Items 1 through (in numbers) Total Evaluated Bid Bid Hems 1 through ':L (in words) N.Iµ¿ Ïy ac: fiT 7j-!Ol.iJ!i;V:"\ I ~ 7:. ,,J..- ,. Dollars . fb¡,v.. fu...J f .¡¿µ ,7 Cents .' P-3 - . - . . - . . ŒJ - . . (-. 5. Bidder agrees that the Work will be substantially complet- ed within 45 calendar days after the date when the Contract Time commences to run, and completed within 15 calendar days after the date of Substantial Completion. I Bidder accepts the rrovisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. . . 6. The undersigned agrees as follows: Accompanying this Proposal is a certified check, cashier's check or bid bond (5% of total Bid Price) meeting the requirements of the Contract Documents for $ payable to the City of ,. Delray Beach which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory Contract Security and furnish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified. check, cashier I s check or bid bond is to be returned as provided herein. - 7. Communications concerning this Bid shall be addressed to ,. I the Bidder as indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included . as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on :b éc r;¿M BE.~ JS-'1t¡' . a. ) (If an individual, partnership, or non-incorporated organization) Signature of Bidder By Address of Bidder b. ) (If a corporation) Signature of Bidder Corpor~te Sa"'·l By OiL wDE rl ~ ARZ BUILDERS, INC. .... Address of Bidder :J300 S. CONGRESS AVE. 114 , .J tsUY N I UN Ht:ACH, t'L. 334:26 P-4 . . . 0) - . . Incorporated under the laws of the state of {Z.o KI.D It . c. ) certificate of Competency number c.BCo3 ~ 3 05 . d) The names of the corporate officers, or partners, or individuals doing business under trade name, is as follows: Gr::-n~r;F AAOu.. J:4 w -Z) ~ H . Signature of Bidd~r . .~. .... By Ge; C; ~ /f.&)¿<.J/tt..Jj)C;# Name . p,¿ ËJI..f) E"jo/ T Title ,. ARZ BUILDERS. INC. Business Address 3300 S. CONGRESS AVE. 14 BOYN I UN tst:A'-'t1, t'L ~;J4;tb - Incorporated under the laws of the state of ¡::-( Ok' I..f) !l- . (Remainder of this page left blank intentionally] . ----. I .' P-5 Agenda I tern No. : tjl( ~ AGENDA REQUEST Date: 12/29/94 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: January 03, 1995 Description of agenda item (who, what, where, how much): Computer Equipment for Police Department. Award to Gateway 2000 at a cost of $20.808.00. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend award to Gateway 2000 at cost of $20,808.00 ,_.-~~' µepartrnent Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: r;;;J NO -øuJ Funding alternatives: (if applicable) Account No. & Description: 115-2112-521-49.90 Account Balance: City Manager Review: Approved for agenda: c§> NO 071 Hold Until: I Agenda Coordinator Review: Received: Action: Approved/Disapproved M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Janice Slazyk, Buyer CY f"C¡;S DATE: December 29, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 03, 1995 - COMPUTER EQUIPMENT POLICE DEPARTMENT Item Before Commission: The City Commission is requested to award to Gateway 2000 for Computer Equipment for the Police Department at a cost of $20,808.00. Background: The Police Department is requesting to update Computer Equipment that is five (5 ) years old and too slow to handle everyday work load which results in less end user productivity. Bids for this equipment were received from three (3) vendors per attached tab sheet. Recommendation: Staff recommends award to Gateway 2000 at a cost of $20,808. Funding from account number 115-2112-521-49.90. Attachments: Tabsheet and Cost Summary Recommendation Police Department Support Services Division Memo cc: Michael T. Wright, Director Support Services David Junghans Administrative Officer Budget ~·K·1· Fl6Z0U02 City iJ+ {) t::' 1 r" -:::1. )/ E: Ë.~ ¿:~. c h F·lor-iCÎa. 1 :.? _/ ? 1. ,/ '7":1 ~,I b t- : ø ø í,ð Q)iZi ::~; t?J b j d Purchase Requisition - Buyer Processing C~i' ~ (.{17 ~ ::.F1 -f''lf-1(':'? :l n-f cn-n-:J_t 1. ()f-! , P î'~' €-? ;;~~ ':0 En t F:! f- = h:E',:i_ '-,-·Dn .. , .- " .. · REPLACEMENT PIC'S ___________._____M___._..__...___....__.__._....___···_.._____.__.,. By . . . " " " .J I..Jt)i3H':::1Nb _._--_._-_..._---.-._--_..,-----_.~-- D¿3_tE~ . . .. " . 12:L c;:'é?4 VE'rï c! C!" nl.Jrnh'::::·I·-· " DE·I i \'Ei"- by · ). ~~~ ::: Q) c.y' ,.q. r----¡¿<.!nf:~' -. " . " . ,. · r3f-"iTEI...J~ì\l 2ØØØ HOLD ,JS "_._ __ _. ._ __ "'M t:; E\ -9_ r- ,_:: 1'-1 (f-:'- 4 ) · u ...- (8/[;) t.\hi P to (F4) . . · PI) POLICE DEPARTMENT C:cI('ncnen t. ~3 . · " \( (\f"/!\!) Opt i Dr1S- --- p,:'"P!dd info, C":'CC)mmi::~n t ~5 _j [¡:::'DF,'l ;;::'1.:e, G;~:Ger}er"ate p~o~ ~ C·) :::: rJ i I ,"'1 'f' (::;¡.;:;~ ._. _. _.. ..~ _ _ h. L_i ne CCH!1 Sub C!U'::\ITt i t --/ LlC.1/'1 Un i -1:: C::C)~:;t C!P t r--!b!"' {'-'" ( ':' ) (2 dec i fik:i.Ì Si ) { .'-' , DE~::iCr-iptior, (4 decim,,,:,_l-::i) -- :.} -_ :- I ~... 1- -- ..- -~ --- 1. øø .JOB Tl1JE:L I.JE (1,:n f;:EF'Lf:~CEMENT --...- ::::ØdØU, ØØØD - ._.__.~ --..-..... -.....-- P/C'~'3, t10DEL #·P,q·[¡-·66 _.~......~...-.- --- ".'--'-- -...---. _.._~- GATEWAY 2000 PROFESSIONAL .-- ~~._..... _....~.._- ~..._- SYSTEM. ---_..._--------~~-----_.._. -,_...~- ..--.-- _..~_..~. ---~----_..._....._.._-------_....._-..__._~_._.- -' .-- -~ ...- -- ~.- ~.~ ..~. .-. ---~_.._._~---------_.._.._..__._------- ....< ..... .... _..~... ...- ....._,...... _._-------------------------- -..'--"'" ...-...- _..' ~.- ~_. ..... ---.---.-...-...............-.--.------.---..-----..-.---..-- ....-....-. ......-........ ~... ..... -... --.--.-.--...-.-.....-,....-.-...----........---.-..-------...-.. TC:lt-:3.1 . .. .- ~¿: ø ~3 fJ :::3 _, Ei t:D F::r,::::E:-, :i. t F 't::::F't·- omp t FI~::ry1or- i,,~ i nf 0 FBc:c:Hi;:::q qu_e,t.":':'s F9'-::f3!::,r-! P n [i" f r' DFi i;'11 F1ilJ:;:::I)E:¡-,dDt-- fj, lE! F 12::::C-:'~rlc:F!!1 F1.3=Return to sender F 15:::::(:\c c: t di ·:::¡t 1:::-1 Hoc::::::-:-- 1 'i-i.:_ F 1. 9:.-;,·S;;=~n d to bic:1 pt·.. OC: (:2 S ~::; i ¡--I q Ø·q-22 ~:j (...) r·1V¡ f::S 11'1 I I ~3 1. UELh:{ÙCH f::E{ PI62ØU(2)3 Ci t;/ CH J)t01'''-Õ:i'l BË,-,:)_ch F 1 ct- i ci ë:\ 1. :::: ./ :~:': 1. ./ i..? 1..1· Purchase Requisition - Buye~ P~ocessing C?:Vi7~47 F:E~C-tU. i '::~¡:i. t. i Cin " t---J u if¡ b €c.' r-- : Øi/¡DØV)::::·Ø61 E:: E:y' . .J LJN(·3H{',rJE:; I) ê;'i. t E~ : 1. :? __/ 1. C? ,f C:_:· /! CCi!nlliE~n t .;::; Seq U.f:'·:'f1 L E:' THIS WAS THE BEST OF ...-. -- ~... -.. ..... L iL) TI--{PFE ( ::~; ) C)LJUTE:: n C! LH.JT *1: 1 7 :¿ ø DELL COMPUTER CORP. ,_____ :~;.. Vi STATE CONTPACT #250-04(2)- - 4.0 (,,:::;.---1 l'H-'E; L:~ . íZI'-! j . Elk.) j F- D!:;: ....-.- ~::.i;: ~j A TOTAL OF $25,092,,00. .-.-.'- ''..1,. [] ULiUl· 4*2'J Ihr", " f:':T(~¡TE CD!\!·- - /.ø TRACT #250-040-93-1" I.'-JPiE:; --- Lin 0 $::;:; j ::i 1 t3" c7'5 ~ ::OF( (:) -rcrrnL. DF C?" IL~ $42,227.40.______________ H?:i.Ø ---.....-----------...---..--.--....--....-..-.--..-.-. 1 L Q) .--.----.-.--..--...-....,.-..-.--....--..---..---.---..-.- 12,,0 -...---.-....,..-..---.--."....-..-...--.....-.--.....-..----------.--- 1 :~;.. Vi -.-.......--....---..--.-.-.----..--.....--...-.....--- 14.Ø ..... _... ...... ...- ..... ..... _.. ..-...... -.. ..... -'" ~ -... ..... ......- ..... -- ... - - -.. --.. l::'i.iZI F :~:.:;:: E ¡.-; :i. t F12:::-'C,3.ncel Ø7-Ø1.J- E::;¡'::! ï1vJ t···c 11'1 II ~:; :1. DELF~¡::)YCH 1<F: '...._1 /\ / ;& / ¿j-z¡/ /J I ~ ~ ~ ~ï; l : - .f ~ oil ~ ~ ~ ì H I'- 'o:t 0. 1o ~ ~ rz ~ ~ 'h " " ~I~~" ~ -f-- ~c ~~ -!=. N . ( ~y [\ ~ , r-..r '~~ ~ ~ ~c 0C3 'f\ . I\..: ~ ~ . .c:¡ ~::?O ~ }) Q it: ~ ~~ :' t~(\\· w . . t U ~ Q.)JI ~ - 0 ?< >-- ~ · ~ b ~~~ ~ - ~ ~ . ~ l~ ~ ~ ~ ~~3 ~~ ~3. o ::i1?" ~ ~ >< -.;. ~ \. \ ~ ','6 ' , . / , -.., ; I ¡ I -' I I II I' 1 . '., I ,I, . . DELRAYBEACH POUCE DEPARTMENT MEMORANDUM TO: Administrative Officer David Junghans ... U. FROM: Director Michael T. Wright ....,.,.., '( vJrJ"'\ Support Services Division DATE: December 9, 1994 SUBJECT: REPLACEMENT PC's FOR IBM PS/2 MODEL 30'S Attached you will find a requisition for 12 replacement Personal Computers (PC's). Below is the justification for the PC's: JUSTIFICATION: Why Neetkd: · Existing Equipment too slow · Employee productivity affected · Today's applications do not run efficiently · Can't run the AS400 session and Word Processing or any other application at the same time. Step taken in FY 91/92 to improve existing PS/2 Model 30 · Processor upgraded to Kingston 386 · Additional disk space added Benefits: · Increased employee productivity · Applications run more efficiently · AS400 session and other applications run out of Windows at the same time. · The existing PS/2 Model 30 PC's would be utilized in a Computer Assisted Training Lab set up for Sworn and Non-Sworn personnel. · Community Policing is requesting two (2) PC's for the Learning Center at Atlantic Gardens. The existing PS/2 Model 30 PC's could be utilized at a savings of $5,800.00. The Gateway PC being recommended is not on a Florida State Contract (see attached requistion for pricing). Below are two other price comparisons fÌ"om competitors: · Dell Computer Corporation- Florida State Contract # 250-040-93- I Dell Optiplex 486DX2-66MHZ Part #220-0147 $782.00 - 8 MB Memory Part #310-3316 $325.00 - 528MB Hard Drive Part # 340-0171 $585.00 - 15" VS 15 Color Monitor Part # 320-3448 $399.00 $2,091.00 Subject: Replacement pc's . Page: 2' . ffiM Computer Corporation - Florida State Contract # 250-040-93-1 ffiM PS/2 Model 77 486DX2/66MHZ $2,882. 11 - 8MB Memory - 527MB Hard Drive - DOS 6.2/Windows 3.1 - IS" SVGNXGA Color Monitor $636.84 $3,518.95 The new equipment would be purchased out of account #115211252149.90 Your consideration will greatly be appreciated. attachments . ... .,,' . Support Services Division J?llJT~CCIB1 1\ ~~J _) ill-'1 - r¿ ~~'~,2) c1 Delray Beach Police Department crnci TI)'fQg 300 West Atlantic Avenue n,,--,;,jJ flJ]ill." Delray Beach, Fl. 33444-3695 407-243-7833 Fax 407-243-7816 REQ. NUMBER: December 9,1994 To: Ship To: Gateway 2000 Tina Lunsford 1-800-846-2042 Ext: 25858 Delray Beach Police Department Attn: Carey Lempares 300 West Atlantic Avenue Fax: 605-232-2536 Delray Beach, Florida 33444-3695 QTY UNIT DESCRIPTION UNIT PRICE TOTAL 12 Each P4D-66 Gateway 2000 Professional System $1,734.00 $20,808.00 Intel66MHZ 486DX2 CPU, 8MB RAM, 256KB Cache 540MB IDE Hard Drive, PCI Enchanced IDE Interface PCllocal Bus Graphics with 1 MB, 3.5- Diskette Drive 15- Vivitron Color Monitor, Desktop Case. AnyKey Keyboard MS-DOS 6.22 &WFW 3.11. MS Office Professional, Bookshelf & Money 3-Year Umited Parts Warranty SUBTOTAL $20,808.00 SHIPPING & HANDLING TOTAL $20,808.00 Authorized by Date ~ Agenda Item No.: AGENDA REQUEST Date: 12/8/94 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: 1?/13/94 Description of ORDINANCE/ RESOLUTION REQUIRED: Recommendation: rchase ost I Fl1nd i WJ fnr lp;::¡~p. F:irst Year from: 001-2315-526-64.90 Department Head Signature: Determination of Consistency with Comprehensive Plan: I 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 a.êview: Approved for agenda: @/ NO ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved · M E M 0 RAN DUM TO: DAVID T. HARDEN, CITY MANAGER THROUGH: JOSEPH SAFFORD, FINANCE DIRECTOR FROM: JANICE SLAZYK, BUYER ~ DATE: DECEMBER 8, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING- DECEMBER 13, 1994 - LEASE PURCHASE OF PORTABLE RADIOS FOR FIRE DEPARTMENT Item Before City Commission The City Commission is requested to make award to Motorola Communications & Electronics, Inc. for the Lease Purchase of Portable Radios for the Fire Department. The radios are available via Palm Beach County School Board Contract #SB94C-164 at a total cost of $36,118.60 for a five year period. Backqround: The Fire Department currently has radios in excess of twenty (20) years old. Twenty six of this radios are in daily use. The new HT10Ø0 portables would go to the Operations Division and the mi:< of HT600 and MT10Ø0's would go to Staff, Fire Safety and Special Operations. Operations will then have the newst and most reliable equipment and the other division·::; will improve their reliability also. Recommendation: Staff recommends Motorola Communications & Electronics, Inc. for the Lease/Purchase of the radios at a total cost of $36,118.60. Atta.chments: Memo from Fire Department Memo & Quote from vendor: Motorola Ct-<:E, Inc. 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"" -:: "" , -:: -:: """ >- = >- , -- -- -- -. .- = "'" "'-' "'" -:: "-" -:: I - .-. ..... -- ~ = -" "'" = "'-'= "'-' , "'" = -:: = I _oe::-:I~.....:a-...,...\..C = = = "" = "" = ="'-' -" , -" 0 0 0 0 0 "" "'" "'" "-" e. -:: , ~ gc:;cz::: cz:::ca::: pc: -:: ~ ~ ~ ~ 0 -" "'" = Or;-. r;-. , -=<-=-=-« ~ r;-. "-" = ="'" 0 , :.LJ tLI ez..::¡ ez..::¡ ¡:.:¡ ez..::¡ 0 c.. "'-' Po.. "'-' c.. "'" "- "- "'-' = ~ , :>-0 >-< >-0 >-- :::- >-0 r;-. 0 0 0 0 0 = [IT' DF DELIR' BER[H FIRE DEPARTMENT SERVING DELRAY BEACH . GULF STREAM . HIGHLAND BEACH DELRA Y BEACH F L 0 KID A ........ AII·America Ci; 1~lIt 1993MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: ROBERT B. REHR, FIRE CHIEF THRU: JANICE SLAZYK, BUYER DATE: DECEMBER 8, 1994 SUBJECT: LEASE PURCHASE OF PORTABLE RADIOS Pursuant to our discussion during budget preperation regarding a request for funding of 30 portable radios for the Operations Division, you suggested that we look into a lease purchase for this project. We have contacted the vendor that has a government contract to provide radios and we have the opportunity to tag onto a contract with the Palm Beach County School Board for a lease purchase agreement to purchase the radios. (contract # SB94C-164V, purchasing has this contract on file) Funding for this lease for the first year will be from budget item #001-2315-526- 64-90. Currently $3000.00 is budgeted for the bank chargers, we have been able to include this in the lease, thus allowin'g us to use these funds as the first year down payment. Funds will need to be allocated for the next five (5) years in the amount of $6,623.72 to satisfy the lease purchase. Total cost of the lease purchase is $36,118.60 In the event that we make a change to another radio system, ie..800 MHz and new equipment would need to be purchased, we can use the existing radios as a trade in to off- set the cost of the new system. The amount of the trade-in would be contingent upon the condition of the radios at the time of the potential trade. FIRE DEPARTMENT HEADOUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 407/243-7400. SUNCOM 928-7400. FAX 407/243-7461 PonIed on Recyled Paper " This appears to be an excellent way to achieve the objective of getting the needed radios. By spreading the cost over five years the overall impact of the purchase is lessened on the budget. If the radios were pruchased, the one time cost is $28,944.75. Attached is the quote for the lease purchase and a description of the equipment requested. t!f:::[ ~(fL. Fire Chief RADIO ACQUISITION WORK PLAN: Current status of portable radios; Our Operations Division is currently using a Motorola model HT600 radio in our daily operations. We have 26 of these radios in service now. We also have 4 MTlOOO radios in the Operations Division giving us a total of 30 units. The current minimum manning per shift is 30 personnel, this gives us one radio per person leaving us with no spares. In the Fire Safety Division and on our Special Operations vehicles well as our Staff Officers, are using a combination of MT500 and HT220 radios. These radios are in excess of20 (twenty) years old. Some of these were from our old VHF system and some from the old Police communication through the Central Dispatch Center (CDC), operated in Boca Raton. We were issued some of the Boynton Beach Police Dept.'s radios after the split from CDC. These radios were already old and in need of replacement at the time they were provided to us in 1987. We currently have 26 ofthese radios in daily use. Acquisition work plan; The new HTI000 portable radios requested would go to the Operations Division and the mix of HT600 and MTlOOO's would go the Staff, Fire Safety and Special Operations. This gives the Operations the newest and most reliable radios and dramatically improves the reliability of the radios for the Staff, Fire Safety and Special Operations. This plan will also give us spare radios to be placed into operations for special events and use for any Emergency Management issues. [IT' DF DELIA' BEA[H FIRE DEPARTMENT SERVING DELRAY BEACH . GULF STREAM . HIGHLAND BEACH DElRA Y BEACH F lOR I D A ....... AII·America Ci; 1~lIt 199M E MORAND UM TO: DA VID HARDEN, CITY MANAGER FROM: ROBERT B. REHR, FIRE CHIEF DATE: DECEMBER 30,1994 SUBJECT: JUSTIFICATION FOR THIRTY REPLACEMENT RADIOS We currently have 26 radio's being used by our Fire Safety , Special Operations and Staff, these are in excess of twenty years old. The industry standards for Public Safety radios life expectancy is only five years. When these radios breakdown we are replacing them with other twenty year old radios rather the repair them. Parts are extremely hard to obtain and the batteries have become expensive because they are no longer available under the state contract. There will be no savings on maintenance if we replace the older radios, because we have not carried the older radios on any maintenance contract. These new radios will incur a maintenance cost after the one year warranty expires. FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 407/243-7400 · SUNCOM 928-7400 · FAX 407/243-7461 Printed on Recyled Paper . . November 23, 1994 City of Delray Beach Fire Department 501 W. Atlantic Avenue Delray Beach, Florida 33444 Attn: Chief Douglas Trawick Dear Chief Trawick On behalf of Motorola C&E, Inc., I am pleased to submit this proposal for thirty (30) HT1000 portable radios with accessories. Pricing is from the Palm Beach County School Board contract #SB94C-164V, a copy of which is on file in the City of Delray Beach Purchasing Department. This contract expires 2/17/95. Also included is a lease/purchase quote, term of 5 years, payment in arrears, $3,000 down payment with order. The lease quote is valid until 12/15/94. Item Qty Description Unit Ext 1 30 H01SDC9AA3_N, HT1000 portable $727.65 $21,829.50 radio, UHF, 4 watts, belt clip, antenna, battery, 16 hr. rate single unit charger, 16 modes operation. 1a 30 H226, Ultra high capacity battery 19.25 577.50 1b 30 H127, Heliflex antenna - 5.00 - 150.00 1c 30 H951 , delete charger - 10.00 - 300.00 2 30 NMN6193, speaker/mic with ear- 61.60 1,848.00 jack and swivel clip. 3 5 NTN 1177, 6 unit rapid charger 519.75 2,598.75 4 30 NTN7144, spare ultra high capacity 84.70 2,541.00 batteries. TOTAL: $28,944.75 · LEASE/PURCHASE TERMS A. Total Project Value: $28,944.75 B. Down Payment: $ 3,000.00 C. Balance to Finance: $25,944.75 D. Financing Term: 5 years E. Interest Rate: 8.4% F. Payment Frequency: Annual in Arrears G. Annual Payment Amount: $ 6,623.72 H. Total Cash Flow: $36,118.60 All prices are firm until 2/17/95. Terms are either net 30 days for outright purchase, or per terms of lease/purchase agreement. Shipment is fob destination. Delivery can be made in 8-10 weeks from receipt of order at our office. Lease terms are valid until 12/31/94. Thank you for this opportunity to provide Motorola products and services to meet your communications needs. I look forward to serving you and the City of Delray Beach. Respectfully, MOTOROLA CO~NICATIONS & ELECTRONICS, INC. ~¡j.~ ames D. Carlson Account Manager . Agerrla Item No.: F·K·~ AGEH}A .Kt1.JU.tS~. Request to be placed on: Date: December 28,1994 X Regular Agerrla - - Special Agerrla Workshop Agerrla When: January 3, 1994 Description of item (Who, what, where, hOlrl nuch): staff requests City Canmission to award the construction contract for the Bay street stonnwater Purcp station and the Basin street Purcp station Rehabilitation (93-70) to Murray IDgan construction, Inc. in the êIlOOUI1t of $347,610.00. '!hey were the lowest of the two bids received for this Project. staff also requests city Ccmnission to award deduct O1an:;Je Order #1 to Murray IDgan construction, Inc. in the amount of -$143,744.00. O1an;Je Order #1 includes deletion of the Basin street station in its entirety¡deletion of furnishi.1g of p..mp, discharge cx:>lumn and control panel for the Bay street station¡and miscellaneous value engineering IOOdifications. Also requested as part of this agerrla package is the award of the vertical pœrp;, discharge column and control panel to Hydro PLnrps, Inc. (as deleted per O1an:;Je Order #1 above) . '!hey were the lowest of two bids received for this eq:ui¡:aœnt with a bid price of $43,644.00 for furnishi.1g a one-p..mp system for Basin street station and two-puzrp system and control panel for Bay street. Also included in their bid was an alternate price for furnishing one each additional 5,000 GFM (Bay) and 3,000 GFM (Basin) p..mp system for a total price of $22,500.00. '!hese spare pœrp; will be used as a backup for each station should the respective installed pœrp; fail. 'Ihese spare pœrp; will be consistent with the eq:ui¡:aœnt size on future puzrp stations and will be utilized as backups for those. staff requests City Commission approve the award to Hydro Pumps, Inc. in the total ærount of $66,144.00 for the base bid and alternate bid. F'Urrling Sources are 448-5461-538-62.23 Basin st Purcp station for $20,886.00¡ and 448-5461-538-62.29 Nassau/Bay st Purcp station for $249,124.00. ORDINANCE/RFSOIlJI'ION REQUIRED: YES§ DRAFT ATI'AæED ~ Recx:lnmenjation: staff Recc:mnends approval of Contract/01an:;Je Order #1 award to Murray IDgan and Bid award of pœrp;/control panel to Hydro Pumps, Inc. Deparbnent Head ~~ø ,I;so f~jp {/ #lr Signature: Detennination of Consistency with Cœq:>rehensive Plan: City Attorney Review/Recon11ændation- (if applicable) Budget Director Review (r=ed on all items involv~ture of furxis): F'Urrling available: ¥NO ~ k-< 9 -I ~ ~ F'Urrling alternatives (if applicable) Acx::ount No. & Description . Acx::ountBal~ . ·¡j~~ð'5~/{.5:5?63~() C1ty Manager ReV1ew: Œ '.JU1',4 Awroved for agerœ: ~/NO t'; Hold Until:/ ¡ Agerrla Coordinator Review: Received: Placed on Agerrla: Action: Approved/Disapproved /agen9370.doc · Memorandum To: David T. Harden, city Manager ,¿fp1 From: William H. Greenwood, Director of Environmental ~~ Services Date: December 28, 1994 Re: Bay Street Stormwater Pump station / Basin Street Stormwater Pump station Rehabilitation (proj 93-70) Bid Award and Change Order #1 to Murray Logan Construction; Bid Award of furnishing pumps to Hydro Pumps, Inc. Award of Murrav LoQ'an Construction Contract Staff requests City Commission consider award of a construction contract to Murray Logan Construction, Inc. in the amount of $347,610.00 for construction of the above two referenced pump stations complete. They were the lowest of two bids received for the Project. Murphy Construction was the only other bidder with a bid price of $726,308.00. A request is also made to approve deduct Change Order #1 for the Project to Murray Logan Construction in the amount of -$143,744.00. This Change Order deletes the Basin street pump station rehabilitation in its entirety. This rehabilitation work will be constructed in-house by the ESD Construction Division and Maintenance Division. Pumps and discharge column will be furnished by Hydro Pumps, Inc. under separate bid. Change Order #1 also deletes the furnishing of pump, discharge column, electrical control panel, level controls and associated equipment from the Bay Street station. Additionally, it modifies the flap gates from heavy duty to medium duty;modifies the seawall repair; and deletes the Project sign (provided by CDB streets Dept). Award to Hvdro PumDS. Inc. for furnishing DumDs/control Danel The epoxy coated steel pumps, control panel and associated equipment deleted by Change Order #1 were bid separately by the City in order to obtain more competitive pricing and take advantage of the sales tax exemption. Al ternate quotes were solicited for vertical turbine pumps in lieu of the submersible pumps that were specified in the original bid. Two bids were received for furnishing this equipment. Hydro Pumps, Inc. was low with bid price of $43,557.00 for furnishing a vertical one-pump system for the Basin street station and vertical two pump system for the Bay Street station;and $82,717.00 for same scope submersible pumps; M&W Pump corporation was second at $83,241.00 for the vertical pumps and $94,235.00 for the submersible pumps. ?!(.6· Also in the bid Alternate prices were requested for spare pumps for each station (5,000 GPM and 3,000 GPM). The spare pumps will provide emergency backups in case the installed pumps fail. Additionally, the two pump sizes are consistent with the equipment proposed on future stormwater stations and will serve as backups for those stations. Hydro Pumps submitted a total price of $22,500.00 for the additional pumps. staff requests award of the above equipment for vertical pumps for a total price of $66,144.00 to Hydro Pumps, Inc. Our consul tant, Hazen & Sawyer, has reviewed the above and recommends awards as described above (see attached). By awarding the RTU and pump equipment separately to suppliers; rehabilitating the Basin Street Station utilizing in-house staff; and considering miscellaneous value engineering identified in Change Order #1 allows the two stations to be constructed within the Capital improvement budget per the following breakdown: station CIP Budget Logan Bid Proposed per above awards Bay Street $260,000.00 $269,472.00 $ -- construction (Logan) -- -- 203,866.00 pumps/panel (Hydro) -- -- 32,171.00 RTU telymmetry (DFS) -- -- 7,929.00 spare pump system (Hydro)-- -- 13,087.00 Basin Street $ 76,000.00 $ 78,138.00 $ -- construction (CDB) -- -- 26,000.00 pumps/panel (Hydro) -- -- 11,473.00 spare pump system (hydro)-- -- 9,413.00 Consultant Fees (H&S) -- $ 18,910.00 $ 18,910.00 Totals $336,000.00 $366,520.00* $322,849.00* ---------- ----------- ----------- ---------- ----------- ----------- *difference between "proposed per above award" costs and "Logan bid" is a savings of $43,671.00. Funding Sources per this agenda request are 448-5461-538-62.23 Basin st Pump Station for $20,886.00; and - 448-5461-538-62.29 Nassau/Bay st Pump Station for $249,124.00. CC : Dan Beatty, P.E., City Engineer Howard Wight, Construction Manager A:memo9370.doc HAzEN AND SAWYER Hazen and Sawyer, P. C. 2101 Corporate Blvd. Environmental Engineers & Scientists Boca Raton, FL 33431 407997-8070 ~'^' Fax 407 997-8159 ~. (,~ç:. ~ ,~ ~ December 23, 1994 .... ,.., "\ «"t:;. '\. Mr. William Greenwood ~~ ~ Director of Environmental Services CITY OF DELRA Y BEACH 434 South Swinton Avenue Delray Beach, Florida 33444 Bav Street and Basin Drive PumD Station Contract Award Dear Mr. Greenwood: In response to substantially higher than expected bids for the subject project, Hazen and Sawyer surveyed plan holders and bidders. The survey brought to light several important issues that greatly affected the bid prices. · Construction season is at its peak with many projects out to bid, especially in Dade County. This flood of work in the industry has driven prices up. · The proposed construction is in a limited area and in close proximity to adjacent structures, thereby creating a tight work space. This tight work space causes a slower pace of construction and accordingly drives prices higher. · Material and equipment suppliers' prices were significantly higher than original budget quotes to the Engineer. These and other issues created a situation which caused bidders to submit a project cost higher than the City's Capital Improvement Budget. Shown in the table below are the budgets, estimates and bids for this project. Capital Engineers Lowest Bid Improvement Budget Cost Estimate Bay S.treet Construction $200,000. 177,640. $269,472. Basin Drive Rehabilitation $75,000. 35,781. $78,138. Total $275,000. 213,421. $347,610. Of the three major issues discovered in the survey, the one easiest for the City to control was the increase in material and equipment prices offered by suppliers. This was accomplished by the City directly purchasing equipment and furnishing it to the Contractor. Page 1 of 2 4413LOO6.BCA New York. NY . Armonk. NY . Upper Saddle PIver. NJ . RaleIgh. NC . Charlotte, NC . Richmond. VA . Hollywood. FL . Boca Raton, Fl . Fon Pierce. FL . Jupiter, Fl . Miami, Fl . B"9ola, O.E. Colombia HAzEN AND SAWYER Mr. William Greenwood December 23, 1994 Page 2 The City advertised to receive bids for the direct purchase of all necessary pumps and controls and has worked along with the Contractor and Engineer to reduce the project cost to the greatest extent practicable. To that end the Contractor has submitted Change Order Number One for a deduction of $143,744 to the City for its consideration. Hazen and Sawyer recommends that the City award this Contract to Murray Logan Construction, Inc. and accept Deductive Change Order Number One for the reduction due to City furnished equipment (pumps and controls) and other project modifications. Including Change Order Number One, the revised Contract amount is $203,866. If you have any questions or comments regarding this matter please give me a call. Very truly yours, HAZEN AND SAWYER, P.C. ~gß ;;? Robert B. Taylor, Jr., P.E. c: Gary Bors Saade Chibani Dave Coleman File 4413-3.1.2 Page 2 of 2 4413LOO6.8CA 412172437166 PURCHASING-OFFICE 236 Pø2 DEC 27 '94 17:21 to. I' '. / ,. ~ , ~.. -.~ . . - I I PROPQSAL I (B:ID FORM} Proposal of ~ J:"OGAI!I <:JOL<b~~tw. ~_. . Contrac~or) I P.O. BoX: l.SS,S. ----. kfi,Jft RAa..... lPr. :':l.':I41g (Ad ess) I to furnish And deliver all materials and ta do and perform a~l work in accordance with the Contract Documents for the Project en'tit1ed: I PROJECT NAME: Bay Street Storm Water Pump. Station Construction and - 8as1n Drtve Stonn Water Pump Station Rehabilitation C~TY OF DELRAY BEACH PROJECT NO: 93~70 I CONSULTANT PROJECT NO: 4413 To: Purchasing O~~icQr I Ci~y ot Delray Beach, Florida 100 N.W. J.8t Avenue Delray Beach, Florida 33444 . 1- The unclarsiqned Bidder proposes and aqrees, i~ this Bid is II accepted, to enter into an Agr.ement with the CZTY in the tOr1lt included in the Contract Documents to complete all I Work as specified or indicated in the Contract DOCWllents tor the Contract Price anå within the Contract Time inàicat.~ in this Bià and in accordance with the CQn~ract I Document. 2. Bidder accepts al.l Q~ t:he ~erm. and condition. o~ the Instructions t.o Bidders, inc:lud.inq without l1mitation I these deal.inq with the disPQsit10n or Bid sec:urit:y. This siel will remain open 'tor sixty (60) days a~t.r the day ot Bj.d openinq. Bidder will siqn and deliver to the C~TY the I Agreement and submit the con"act Security, Insurance Certificates and other documehta required by ~. Contract Documents within f1tt;..n Clays after the date o~ OWNER t S I Notice of Tentative Award. !f Bidder snould fail to .1qn tha Aqrecament and deliver 1't. to the C~TY alone; with the Ccmtract Security, Insuranc.·certificates and other à.ocu-: ments with~n said period., the CITY &hall have the power to [ rescinã said awa.rd and also retain 'for the C~TY the sid security accompanyinq the proposal which .~all become forfeited as liquidated damaqas. L ~ P-l 4?72437166 PURCHASING-OFFICE 236 PØ3 DEC 27 '94 17:22 " , . 1:- .:~~~: , . . . ':'\;'1 "r_' ;" :'1 :3 . In sub~ittin9 this Bid, Bidder represents, as more tully I sa~ forth in the Aqr...ent, that: a. Bidder has axamined copies of all the Contract I Documents and o~ tne followinq addenda: Number ~ Number ~ I 1 9/25/94 2 J,øl'lOI'Q4 I raceipt of all ot which is hereby acknowladq_ã and a.lso copies of the Advert i.s ement for Bids and the I Instructions to Bidders1 }:. Biã.åer has examined. -the sit. and locality where the J Work is to be per~orm.d, the l.qal raquir...nts (federal, state and local laws, ordinance., ruJ.e. and requla1:..ions) and the con41t1on5 a~f.c1:inq east, proqress or performance of the Wor~ and has made such I independent inv.s~1qation$ as Bidder deems necessary. c. This Bid is qanuine and not macie in the inter..t of J or on behal.f of any undisclosed person, ~i.rm or corporation and is not suklmitteã in conformit:.y with any ac;reemant or rul.es of any qroup, asaociation, orqanization or corporation 1 Bidder has not c1irec'Cly J or inâirec1:l.y induced or scli.cited any other S1dder to submit a false or sham Bid; Bidder has 'not soli.c- iteà or induced any person, ~irm or a corporation to , refrain ~r=. Þidåing'; and 8idder'has net souqht by j collusion to obtain tor himself any advantaqe over any other Bidder or over tbe C~TY; no o~t1cial of the C~TY or any person in the employ of 1:he cr'l'Y is directly or indirectly interesteä in said bid or in the supplies of work te which it relates" or in any person o~ the profits thereof. (Remainder of this page left blank intentionally) P-2 ;4~72437166 PURCHRSING-OFFICE 236 P04 DEC 27 '94 17:22 ,- , \ . i . , . t .~ r- 4. Bidder will comple~a the Work ror' the tollowinq prices: ~CHEnULE OF BID PRrCES [ Bid Total Basecl Item Estimated uni~ on Estimated 1i2.:. Deseriþ)tion unit OQan-eitv Price Ouanti't:ias ( I r See schedute ~f prices on pages P-3.2 through P-3.& ( I f I I I ( I I I P-3.1 I I ! ,.;'.'<:"~"'" 4372437166 PURCHASING-OFFICE ~ . , . 236 PelS DEC 27 '94 17:23 ~ . SCHEDULE OF BD PRIces Bay S1reet Starn Waœr Pu11J Staöa1 and . Basin Cñve Starn Water Plrr¡) Statla1 Rehatìlitatb\ JJJMP $UPtJ BASE Bg Item No, 1 - The hJrrp sum bid for furnishing aU derroIition, dearing, grubbing, disposal, rmterial, equipment and labor for ccnstnJdioo of Bay Street Stonn VVater Purrp Station exdusive of Sid Items 2 through. 9 and as defineated in the oontrad ~ngs and spedfiœtions, fer the Cty of Dekay Bead1, Florida is the totalluf'll' . sum price of: -r-'-ûO '-JC,(~Ø~Q "'C I w..-ry ,....J~o(.(~q~c Dollars and N~ cents G ~ $ ~ O)ooc. . Item No. 2 - The 1Uf11) sum bid for furnishing all dernJßtioo, dearing. grubbing, dispœaf, rrøteriat. equîprrent and labor for Rehabilitatioo r:I Basin Dive Storm 'Nater PlITp Station exdusive of Sid Items 1, 3 through 9 and as delineated in the co. Ib ad c:!raMngs and spedftcations, for the City of Delray Beach, Florida is the totalllJl'11' sum price of: S C!. v 5)..:J 'ï" 'I. S 1 )(.. .. ~q~ s A..:;)þ Dollars and J...:) C,) o~ cents $ 7Gocc. . Item No. 3 - The Lurrp Sum Bid for relocating the FPL 8ecbic Utility Pole for the Bay Street Starn VVat« Pt.rr¡) Station O~ç -:c f..\ Q<J. S Q.I-..)D J::)Qlars and ~~ cents ~ $ I ,0 00 . . r ¡ I I 441~0:CJ9..œ.94 ~.2 œL.RAY BeACH S'TORMV\ATER J .'. J -"'.- .._~ 4072437166 PURC~ASING-OFFrCE 236 P06 I DEC 27 '94 17:23 , . . . . " , Item No.4.. The LlJrT1) Slm Bid for reIocati~ Southern Belt Cable and Teminal Boxes for the Bay Street Starn 'Nat« P\.u"r1' tatioo I , ¡::::-, va J~("'\~b~1:>· Dollars and ~ ~o. cents $ Soo ~,,9- ~ Item No. 5 - The Lurrp Sum Bid for reroovaI ¡nj disposal of the 4 ~ foot wde hedge for the Bay Street Starn Water ~ Station. , - S\ 'I... \~u~o~a Dollars and ~o cents $ CëCo.C)~ - . - Item No. 6 - Utility Allowanœ $ 7.500.00 ~ Item No. 7 - Testing ftJlOIØ1Ce - $ 1.5X>.OO - Item No. 8 - Video .AJlowance , $ 5QO.OO - Item No. 9 - Indermifiœtion I S 10,00 I I ..- I 441~10;CJ9.05..94 P..3.3 CB.RAY BEACH STORMt'\ATeR : ~72437166 PURCHASING-OFFICE , . . . 236 P07 DEC 27 '94 17:24 . ~ TPTÞJ.I,.UPr SUM BASE tiC.. Item Nos. 1 ~ 9 "'~~~ç J~""....t::>R..œ~ t:::~~ry ~~'V~~ T~SA~O S I)C). I..¡ ~ a...> Q 1\ ~r:> -r&~ Dollars and NO cents $"3.lf1)~JO? NOTE: Award of Centrad wll be based on Grand Total ~ Sum Base Bid. 0M1er reserves the ñght to then d100se Alternate or ftåjiticnal Bid Iterrs at its disaetion. : ~)1;RNATe aC 1 ¡ Item No. IT 1: Alternate Bid to use 316 stantess steel as the material of the purT1) In lieu of efXJX'I coated corten steel and 316 stainless steel as the IT&erial of the discharge cdurm in lieu of epoxy coated corten steel fa- ail pt.JIT'pS furnished under the Base Bid. Total Et8~addition to base bid price to provide Memate Bid Item No. A-1. $ J 5; ~~ QqQ'I Item No. A-2: Alternate Bid to furnish and install 316 Stainfess Steel Rap Valves in lieu á cast iron Flap Valves. TotaI..eä8fVaddition to base bid price to provide p.Jtemate Bid Item No. A-2. $ :?So) 90Q ~ APØ]1~ E;JQ IIEM$ Item No. N3-1: Þdcitíonal Bid to f\.rnish and install a second purrp, disc.f"1age coIurm, controt pa1eI rmcifIcations, fittings, etc. to provide a COf11)Iete and functional duplex pt.I1l) station as st'1oM1 in the dr'ë1\Mngs for the Bay Street ~ Starn VVaJ.er Pt.Jrrp Station. Total price to provide additional Bid Item No. ÞB-1. ~ $..:1-0) 000 . 4413\«)1Q:09..05..94 P-3.4. DEtRAy BEACH ~TER .II:.._~ 4.072437166 PURCHASING-OFFICE 236 P08 DEC 27 '94 17:24 * . , .' . . . . . Itert:1 No. A8-2: ÞdcItionå Bid to furnish axi install a second 316 Stainless steel plI1l), 316 Stainless steel c::cturm. (X)Iibol and panel rroäflcatioos, fittings, etc. to ~: Pf'O'Ade a CCII"1lJIete and functional duplex pulip station as sI1c:Nw1 in the .~ ... , dr'a\Mngs for the Bay Street Storm Watf!Æ PUIip Station. Total price to provide Additional Bid Item No. AB-2. ø() $E;OJOoo ~ Item No. AB-3: Þdditional Bid to fu'nish and deliver one eaten steel spare purrp, 5000 gpm capacity, (excluding discharge coIurm), to the City of Delray Beach. for the Bay Street Storm \Naler P\Jrt1) Station. Total price to provide addtioná Bid Item No. AB-3. 2. o~ $ 5,000· .. Item No. Aß..4: Addtional Bid to fumish and deliver one 316 Stainless steel spare pur1'1), 5000 gpm capadty, (excluding. discharge coIUrm), to the City å Defray Beach. fa' the Bay Street Stam Wa1ef Purr'p Station. Total price to provide,Additional Bid Item No. AB-4. ø .;;..- $ ~O.Ooo# , . Item No. AB-5: Þdditional Bid to furnish a1d deliver one a:rten steel spare plJITP, 3000 gpm capacity. (exduding discharge cclurm), to the aty of Defray Bead1. for the Basin Driw Storm Wtl.er ~ Station. Total price to provide additional Bid Item No. AB-5. 5: 00 $ J . 00 (:) .-- , . P-3.5 CElAAY 6EACH S'f'ORMIN\'ÆR J Item No. ,A&6: Þdditional 8íd to fumish and defiver one 316 StainleSs steel spare purT1), l 3000 gpm capadty, (exduding discharge coIum), to the City of Qelray Beach, for the Basin Drive Storm ¥'later PUf'Il) Station. Total price to prcMde .Additional Bid Item No. .AB-6. , J $ , A; 000 ~..9- j NOTE: If an Alternate or Add~ Bid Item is not COf'11'Ieted, then that Alternate or Additional Sid Item \0\411 be aJnSidered as a zero bid (no cha1ge to base bid). For I exarT1JIe, .Adcfitiooal Bid Item AB-2 is left blank. 1ñen the cost for Item AB-2 shall be zero. This then shows that there shafl be no price ciIferenœ to the base bid if ,Additional Bid Item AB-2 is requested by the CMner. j , 1 . -~._--~_. P..3.6 caRAY BeACH sroFN\IIA"ÆR 4072437166 PURCHASING-OFFICE 236 P10 DEC 27 '94 17:25 I ~ . .... h" , · ¡~ ~" II 5. Bidder aqrees that the Work will be substantially complet- · ec! wi thin 90 calendar days after the date when the :~ contract Time commences to run, and completed with.in II 60 calendar days after the date cf Substantial êõmpletion. I Bid.der accepts the provisions of the Agreement as to , liquidate~ damages in the event of failure to complete the o work on t1me. 11 Ei. The undersic¡ned ac¡rees as follows: -- Accompanyinq this Proposal is a carti~ied check, cashier's ; check or bid bond (5% of total Bid Price) ,;tetin; the I requirements of the Contract Documents for $ _ payable to the City of Calray Beach which is to be ':. forfeited. if, in the event. 'Chat this Proposal, is " accepted, the undersic;neã shall fail to execut. the contract and furnish sat.isfactory Contrac~ Security and " furnish insurance certificat.es under the conditions and. within the time specified in the Ins~ructions to Bidders; _.. Qt.herwise, said c:ertit'iacl check, cashier I s check or }:)id ~ bond is to be returned as provided herein. : t :~ 7. c01DmunicatiQns conc:erninq this Bid shall be addressed to the Bidder as indicated below. 8. The terms used in th.is Bid which are defined in the General Con4itlons ot the Cons'trUc~iQn Contract included as part of the cont.ract Documents have the meaninqs · , assiqned to them in the General Conditions. ,: ~w=itted on ~~~ \ß,~ ' . ~ a.) (If an individual, partnership, or non-incorporated I! orqanization) · Siqnature of Bidder ~ By . I Address of Bidder , 1 b.) (If a corporation) "M~, C.HSTwcr-¡''''/I''·( : Signature of Bidder . ~~ =ff!!- : CorpQrate Seal By ~V1ð ~H- _P-, Address of Bidder ~ I), $." (ì'J:J r APL~f3 ~ P-4 þ¡. !;t,/t -~f ~ c.lAA-~(.~ V'3< I 4072437166 PURCHASING-OFFICE 236 P11 . DEC 27 '94 17:26 . . ' . I "' . . ì , I j , Incorpora~ed under the laws of the state of FLCIUDA . I ex; C04l939 c. ) certificate of Competency number ~912 nQ~ . d) The names ot the corporate officers, or partners, or J individuals doing business ,under trade name, is as follows: I Murray D. Loganl President: P.o. Atm 11;1\S;5. JI '_8_, 1i"r. ~"U1 h Clarence A. Voqe, Sect. ftftrøafl&. . . . . I S'dvaa1 P. O'Leary, V.P. . ~ .~ siqnature of Bidder , . By .....u;;f T~r v D Name n=.,nil 1'~ftr v.;~ ~--i~.At 1 'I'. . Business Adàress 'P n_ Qmr 11\5S:;S:; i ..... ]]::aT.JII ......-- - 1i'r. ":a~1~ Incorporated under the laws of the State of rr.ama . [Remainder of this page left blank intentionally] .j ¡ i I , ¡ : ¡ ¡ . P-s <"¡¡~:1 , ; :;'..1' Cl'lY OF DmRAY BFAaI awG!: œDER 'ID œ.IGINAL <DfIRl\Cl' ŒANGE ORDER NO. 1 PROJæI' NO. 93-70 DATE: PROJæI' TITLE: Bay street stonnwater Punp station am Basin street stonn Water PI.nTp station Rehabilitation TO CDNrnACIDR: Murray Logan Construction, Inc. YOU ARE HEREBY REX2UESTED 'IO MAKE '!HE FOLI.C:MING ŒANGFS IN '!HE PlANS AND SPEx:::IFICATICNS FUR '!HIS PROJæI' AND TO PERFORM '!HE WJRK ACCX:>RDINGLY, SUBJæl' TO ALL CDNrnAcr SI'IPUIATICNS AND OOVENANI'S . Jl~:u·.ll"'~CATICIf: 1. Delete Basin Drive PI.nTp station (Bid Item No.2) ($ 76,000.00) 2. Bay street Punp station A. Delete furnishing R.T.U., P\.miJS, Discharge Column, Control Panel, Level Controls, am Associated Equipment. ($ 60,444.00) B. Use Medium Duty Flap Gates in lieu of Heavy Duty. ($ 5,000.00) C. Construct Alternate Seawall Repair. ($ 2,000.00) D. Delete Job Sign. ($ 300.00) Total ($143,744.00) St.J>1MARY OF CDNrnAcr AM:>UNI' ORIGINAL CDNrnAcr AMJUNT $ 347,610.00 CDST OF a:>NS'IRUCl'ION æANGES PRE.VIOUSLY ORDERED $ .00 AIlJUSTED CDNrnAcr AM:>UNI' PRIOR TO '!HIS æANGE ORDER $ 347,610.00 CDST OF a:>NSTRUCI'ICN æANGES '!HIS ORDER $- 143,744.00 AIlJUSTED CDNrnAcr AMJUNT INCIlJDING '!HIS æANGE ORDER $ 203,866.00 PER CENl' DEX::RFASE '!HIS æANGE ORDER -41. 3 % 'lUI'AL PER CENl' DEX::RFASE TO DATE -41. 3 % f·K. ~ ·4· Bay street / Basin street Plnrp stations Project No. 93-70 Chan;Je Order #1 Page 2 CERI'IFIED STATEMENl': I hereby certify that the suwortÌßJ cost data included is, in my considered opinion, accurate; that the prices quoted are fair am reasonable. for Murray Logan Construction, Inc. (SEAL) 'IO BE FILLED our BY DEPARIMENl' INITIATING æANGE ORDER Env Services Dept F'Urñi.rg Source 448-5461-536-62.23 stornMater utility F\1rñ DEmAY BFAaI, FIDRIDA By its city Cœmission REX::D>1MEND : By: william H. Greenwood, Director 'lhomas E. Lynch, Mayor of Envirornnental Services ATl'ESI' : APPROVED: By: City Attorney City Clerk . , - . -1 :; AWA¡¿¡;&J ð I t1 116ft) PROPOSAL Proposal of r~-:-I~ (Contractor) / I ~ C-\) ç' L~tJ III n o,.j . Ç"C ?>33¡3 íc5f2. A.J l.J (Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: PROJECT NAME: BID FOR FURNISHING PUMPS. DISCHARGE COLUMN , CONTROL PANEL AND ASSOCIATED EOUIPMENT FOR BAY STREET AND BASIN STREET PUMP STATIONS CITY OF DELRAY BEACH PROJECT NO: 93-70.1 CONSULTANT PROJECT NO: 4413 To: Purchasing Officer City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Document. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract security, Insurance certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder should fail to sign the Agreement and deliver it to the CITY along with the Contract Security, Insurance certificates and other docu- ments within said period, the CITY shall have the power to rescind said award and also retain for the CITY the Bid Security accompanying the proposal which shall become forfeited as liquidated damages. P-1 t·" ,. . 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contract Documents and of the following addenda: Number Date Number Date r 1/ /2 ? Ie; ,,' "2.. { 2/ 2- It? t../ "3 ¡z.¡7 I Cf '-/ receipt of all of which is hereby acknowledged and also copies of the Advertisement for Bids and the Instructions to Bidders; b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements ~ (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. c. This Bid is genuine and not made in the interest of or on behalf of any ~ndisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solic- ited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no official of the CITY or any person in the employ of the CITY is directly or indirectly interested in said bid or in the supplies of work to which it relates, or in any person of the profits thereof. [Remainder of this page left blank intentionally] - !Jlyáro PumpS, 1m;. P-2 - .. . 4. Bidder will complete the Work for the following prices: SCHEDULE OF BID PRICES ITEM Estimated unit TOTAL EST. NO. ITEM Unit Quantitv Price PRICE '" See s~hedule of prices on pages P-3.2 through p-3~i CUl&. ~ .3 5fyáro PumpsJ !.~~ P-3.1. (Add #2) - . , - , SCHEDULE OF BID PRICES Bay Street Sto... Water P~ Station and , Basin Drive Stor. Water ~ Station Rehabil itation SECTION I - SUBMERSIBLE PUMPS LUMP st.tC BASE BID Item No. 1 - Furnish one pump, discharge column control panel, etc. complete for the Bay Street Storm Water Pump Station and as delineated in the specifications, for the City of Delray Beach, Florida for the total lump sum price of: I~ l R\l.( H:O í2 Tll.c ù) '1'14 ~6é- ,·w .<J ') '"(1;,.,1 ~ '~ 11Jt..(¡(; Dollars and '" c'- tJo cents $ -~~') ~23-. Item No.2 - Furnish one pump, discharge column, etc. for the Basin Drive Storm Water P~ Station as delineated in the specifications, for the City of Delray Beach, Florida for the total l~ sum price of: 'T W f. f'.}'~ '""nliC 'nlov oJ FIV'(3 f4v µ &) E I G ~·r\.f Dollars and $ 2.'2..) 5 ~o (~'J tJo cents . GRAND TOTAL UMP st.tC BASE BID - Item Nos. 1 - 2 F' I ¡:: 'T""f Sv<:. 'moL',,,) 1J1r-J& WUkj,) 'nt ~ t t- Dollars and Go::. NU cents $ CG (IO'~ '- ;..; I \ . NOTE: Award of Contract will be based on Grand Total Lump Sum Base Bid. Owner reserves the right to then choose Alternate or Additional Bid Items at its discretion. AL TERNATE BID Item No. A-1: Alternate Bid to use 316 stainless steel as the material of the pump in lieu of epoxy coated cast iron and 316 stainless steel as the material of the discharge column in lieu ~f epoxy coated corten steel for all pumps furnished under the Base Bid. Total deduction/addition to base bid price to provide Alternate Bid Item No. A-'. C'C 'T14f~T"-( n,Q(:.G:T}.¡(;c).> lv' L¡..J 6 i-1 V tv '; n.J 1 ¡¿ ''N öP( '?> "3 ·/ls (£; ..... $ ADDITIONAL BID ITEMS Item No. AB-': Additional Bid to furnish and del iver a second pump, discharge column, control panel modifications, fittings, etc. to provide a complete and functional duplex pump station as shown in the drawings for the Bay Street Storm Water Pump Station. Total price to provide additional Bid Item No. AB-'. /W l::...J;11 J-,V¡;' ","CU") G 16",' ¡J ti oJ 'J FovQ . \tJ:.T'" $ 2 S, 8 f Y 0_:' ~ A',DO a3 --t;r¿" 12/ f2-/ç <./ DELRAY BEACH STORMWATER 44 1 3M01 0:09-05-94 P-3.2 CZ,/{" h·B., _9iyá~o ~PSI ~lnc~ ~ Item No. AB-2: Additional Bid to furnish and deliver a second 316 Stainless steel pump, 316 Stainless steel column, control and panel modifications, fittings, etc. to provide a complete and functional duplex pump station as shown in the drawings for the Bay Street Storm Water Pump Station. Total price to provide Additional Bid Item No. AB-2. Fe (2. í¡ S (:.-v (~ ThO'-.y :5 èVé:..v ,JO ,"') ;J 1 µé~ 4 ,4..- $ '(. 70 -1 "- Item No. AB-3: Additional Bid to furnish and deliver additional epoxy coated cast iron spare pump, 5000 gpm capacity, (excluding discharge column), to the City of Delray Beach, for the Bay Street Storm Water Pump Station. Total price to provide additional Bid Item No. AB-3. E: \G k"'Tt:t.7-.1 7ì{<D~ 'J F\\J( ¡..Il-' ;., 'J 'S' 1-. .,'t~ $ I <t.. 5 (00 ('.CL Per each - J Item No. AB-4: Additional B;d to furnish and del;ver addit;onal 316 Stainless steel spare pump, 5000 gpm capac;ty, (excluding discharge column), to the City of Delray Beach, for the Bay Street Storm Yater Pump Station. Total price to provide Add;tional Bid Item No. AB-4. FCw(L ~V~'.> <;::. bvL,....) .,I\.i,',J/ 'Fc..X¿~ NiNE Per each ùCJ ''f\N'é~ "i"""Lj $ 24/7 i4q ~ Item No. AB-s: Additional Bid to furnish and deliver additional exoxy coated cast iron spare pump, 3000 gpm capacity, (excluding discharge column), to the City of Delray Beach, for the Basin Drive Storm Yater Pump Station. Total price to provide additional Bid Item No. AB-s. L LCI.! (-",.) T)òC-<...j ') f{J~h.J 2- ¡4t.' Iv OJ IC tv' E \\) C1c) \ ç~ Per each $ Item No. AB-6: Additional Bid to furnish and del iver addional 316 Stainless steel spare pump, 3000 gpm capacity, (excluding discharge column), to the City of Delray Beach, for the Basin Drive Storm Water Pump Station. Total price to provide Additional Bid Item No. AB-6. ~ . -- Iii \ '-I '[ 'if ,.;:; t='c l..' ¿ 'T1.f1:.-¡0 -,~ C '):J Fe L' :2- f-1{,; µ j S t:. \I C'N;1-1 -IC.../.IJper each $ , NOTE: If an Alternate or Additional Bid Item is not completed, then that Alternate or Additional Bid Item will be considered as a zero bid (no change to base bid). For example, Additional Bid Item AB-2 is left blank. Then the cost for Item AB-2 shall be zero. This then shows that there shall be no price difference to the base bid if Additional Bid Item AB-2 is requested by the Owner. -t4 ! 2f¿/? ý' ~ ~ At; 0 ~~~ :S 4413MO 10:09-05-94 P-3.3 DELRAY BEACH STORMWATER 9Iyáro Pumps, lnè'J. . '. - ; . SECTION [I - VERT[CAL PROPELLER PUMP LUMP SUM BASE BID Item No.1 - Furnish one pump, discharge column control panel, etc. complete for the Bay Street Storm Uater Pump Station and as delineated in the specifications, for the City of Delray Beach, Florida for the total lump sum price of: td ( ,J f:' T¿EJ.J Tì-+c rJ '£ ( (, ¡.¡,jl( j ! r:ì ' {.>,~ -*' reo ~ Dollars and No cents $ I: -(. 0 ~.:..¡ >. / '" Item No.2 - Furnish one ~, discharge column, etc. for the Basin Drive Storm Uater Pump Station as delineated in the specifications, for the City of Delray Beach, Florida for the total lump sum price of: \ t." L £. V C-,...; 'T1..O~' FCv2 f..{ ~'/..J '} -' .* :-; ¡:.;, V C-tJ ,f"t1 T1-¡' e. t::. ~ Dollars and . , :J ;.J $ I) 1..4'1 0) ':- 0 cents GRAND TOTAL LUMP SUM BASE BID SECTION II - Item Nos. 1 - 2 'n i c¿T'-f 'T'1W f F(iJ6 ,~i..:.u ') . I l..) F\f"T'f S Gv0J Dollars and -* - ~.,-- <:;': N~ cents $:3o,')0 7 . NOTE: Award of Contract will be based on Grand Total Lump Sum Base Bid. Owner reserves the right to then choose Alternate or Additional Bid Items at its discretion. (';(1....0.),10)(' Item No. AB-1: Additional Bid to furnish and del iver additional spare PI.J11P. 5000 gpm capacity, (slIalllléil'l!l (IotC'¡1C'¿ A IV 1> discharge column), to the City of Delray Beach, for the Bay Street Storm Uater Pump Station. Total price to provide additional Bid IteM Mo. AB-1. X '1"1-1 () J'J E 1 G HT'--/ S é\J (;.,.J' ¡~}([)<;r¡ f~ ...:.. 'í\'" I 12.. \EE).J Per each $ , ' I/,) c¡ ,,-;, ,Je', Item No. AB-2: Additional Bid to furnish and del iver additional spare pump, 3000 gpm capacity, (aIlIIlIllHI'I! fYJ ,D TO >?. (.. fJ D discharge column), to the City of Delray Beach, for the Basin Drive Storm Uater Pump Station. Total price to provide additional Bid Item No. AB-2. 'X . , Cf U ¡~ ':::':: NINE: '71-4 c w~~.\ 1-J..J) I "'~OL'¿ I-lv tV) 'Tl-t) ¡¿~r..J Per each $ / S0G 13iÞ (, CAa ' ç, <.. r).'iì-:J-J tlJ"T1'1C¡"¡6-D -ð ;(¿~ I ¿/1'2-/9 Y Add 1\12 , A'b-!) Y ::s 4413M010:09-05-94 P-3.4 DELRAY BEACH STORMWATER 9lyáro Pumps¡ Inc. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER etr1 SUBJECT: AGENDA ITEM # ~·A· - MEETING OF JANUARY 3, 1995 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: DECEMBER 30, 1994 Attached is the Report of Appealable Land Use Items for the period December 12 through December 30, 1994. 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. ~ ' r¡ Þfo . OK lÞ1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ç:¿:RD¡S;~ MANAGER THRU: DIANE DOMINGUEZ, DIR~~ DEPARTMENT OF PLANNIN AN ZONING FROM: t.~~ JASMIN ALLEN, PLANNER SUBJECT: MEETING OF JANUARY 3, 1995 REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 12, 1994 THRU DECEMBER 30, 1994 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of December 9, 1994, through December 30, 1994. BACKGROUND: 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 January 3, 1995 Page 2 PLANNING AND ZONING BOARD MEETING OF DECEMBER 19, 1994 The Planning and zoning Board did not consider any appealable items at this meeting. However, the Board did consider the following items which will be forwarded to the City Commission for final action. * Recommended approval (5 to 0) , of the Abandonment of right-of-way for S.E. 4th Street lying between S.E. 7th Avenue and the Intracoastal Waterway. * Recommended approval (5 to 0), of a rezoning from (PC) Planned Commercial District to (RM) Medium Density Residential District for a parcel of land located at the southwest corner of Federal Highway and Lindell Boulevard. * Recommended approval (5 to 0) , of a conditional use request for Shell Gasoline Station to allow the demolition of a gasoline station with service bays and reconstruction of a gasoline station with a convenience food mart and car wash facility. Shell Gasoline Station is located at the southeast corner of Atlantic Avenue and Congress Avenue. * Recommended approval (5 to 0), of a LDR Text Amendment regarding notification requirements and procedures for processing annexations. * Recommended approval (5 to 0), of a LDR Text Amendment to Section 4.4.10 (AC) Automotive Commercial District, to allow relief from open space requirements when associated with the upgrading of existing sites. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF DECEMBER 21, 1994 A. Approved (5 to 0), a request for a color change to the Hudson Building, located on the west side of S.W. 4th Avenue, between Atlantic Avenue and S. W. 1st Street (52 & 54 S.W. 4th Avenue). B. Approved with conditions, the landscape plan (4 to 0) and elevations (3 to 1), associated with a 997 square foot building addition at Ocean City Lumber, located at the southeast corner of NE 1st Street and NE 2nd Avenue. The building addition and associated parking lot improvements were previously approved as a minor site plan modification. City Commission Documentation Appealable Items Meeting of January 3, 1995 Page 3 C. Approved (5 to 0) , with conditions, a minor site plan modification, landscape plan and elevations associated with a 724 square foot building addition at Morse Cadillac, located on the west side of Federal Highway, south of Linton Boulevard. D. Approved (5 to 0), with conditions, a minor site plan modification for a truck storage parking lot at County Sanitation, located on the east side of S. w. 4th Avenue, between Linton Boulevard and Southridge Road. -- E. Denied (5 to 0) , a request from Roadhouse Grill to reconsider a condition of approval of the architectural elevations, to allow the addition of neon lighting around the parapet of the roof versus around the dormers only. Roadhouse Grill is to be located at the southeast corner of the Delray Mall and adjacent to the intersection of Linton Boulevard and Federal Highway. F. Approved (4 to 0), with conditions, the site plan and landscape plan for the Palm House, located at the southeast corner of Avenue "c" and Florida Boulevard. Concurrently, the Board approved waivers to reduce the parking requirement from 15 to 12 spaces and the requirement for a 5' right-of-way dedication along Florida Boulevard. The architectural elevations were tabled to allow the applicant to consider adding more detailed elements to the architectural features. HISTORIC PRESERVATION BOARD MEETING OF DECEMBER 21, 1994 1. Approved ( 5 to 0) , a request for Certificate of Appropriateness for a sign for Villa Delray, 127 S.E. 7th Avenue, with the condition that the sign be a "flat wall" sign. 2. Approved (5 to 0) , a Certificate of Appropriateness for the construction of a new single family residence (Tullia Taylor Residence) located at the northeast corner of N.E. 6th Street and Swinton Avenue. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CllY COMMISSION MEETING OF JANUARY 3, 1995 L-30 CANAL .-. i j c: .J .J j ';( ~ ,..-.-.-.-.-. .- j a ; ¡ <I: 0 LAKE IDA ROAD ; II< j ; j "" i i u ; ;¡; i cr: ; < ¡ m ; ,.-.-.- NW ST i ~ ,..-.-.-.-. ; .-.-.- k' . .."r'-'-" " 1..._._._. . ; i L.r1 J ; I . ; . ! L._._._. .-., r'-.-'-'.i ; I . . i · I ~ ! '. i r''''' _.J i A TLANT1C AVENUE ....-. j j ~ ~ ,..-.-.... <I: <I: i GO ... i a cr: ;I: ;I: ¡ <I: > If] If] i w .J ¡ ::;¡ 0 LaWSON BOULEVARD m S.W. 10lH TREE T i a z 0 ~ i ~ i w ::!' i 0 U I. r= .-.-. LINTON BOULEVARD ~ · i . ....~ ! i . I . « r·-· i ( i i Gti\'41. L..._. I L.J i """70WN · . I I I . ., I L I . "l . .J . .J ~ r---/"'-.-.-'-'.J « z < . <I: ..... I u :J . - I n :::;; . I w i i .-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-. .-.-.-.-.-.-.-. L-38 CANAL S.P .R.A.B. . H.P.B.: CIlY LIMITS -.-.-.-.-.. . A. - HUDSON BUILDING 1. - VILLA DELRAY B. - OCEAN CITY LUMBER CO. 2. - TULLIA TAYLOR RESIDENCE I MILE I C. - MORSE CADILLAC I D. - COUNTY SANI1ATION SCALE E. - ROADHOUSE GRILL F. - PALM HOUSE N CITY or DELRAY BEACH. FL PlJIIINING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f1It1 SUBJECT: AGENDA ITEM # 9·8· - MEETING OF JANUARY 3, 1995 CONDITIONAL USE REQUEST/SHELL GASOLINE STATION DATE: DECEMBER 30, 1994 This is before the Commission to consider a conditional use modification request to demolish the existing Shell Oil Company Station at Atlantic and Congress Avenues, and reconstruct a station with a convenience food and car wash facility. Shell Oil Company desires to demolish all of the existing structures. The new facility will contain eight pump s , a 1,000 square foot convenience store, and 900 square foot automatic car wash, with a 100 percent water reclaim system. The Planning and Zoning Board formally reviewed this item at its meeting of December 19, 1994, and approved the modification subject to conditions. Recommend approval of the conditional use modification to establish a gasoline station with a convenience store and car wash facility for Shell Oil Company based upon positive findings of 2.4.5(E) (5), and subject to the conditions outlined in the attached materials. ~I ~ upon ~ ~ f/- ~:..wt ck WL ~ ~ k-¡<Ji¡¿ p~ \I- ~ ~ 5-ò " '!( L' I t¥'J1-' 1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER Q (' \\ r-- I, ·~..W~ THRU: ANE DOM~EZ' . DIRECTOR OF PLAN N & ZONING FROM: ~K~LANNER SUBJECT: MEETING OF JANUARY 3, 1995 APPROVAL OF A CONDITIONAL USE MODIFICATION REQUEST TO ESTABLISH A GASOLINE STATION WITH A CONVENIENCE STORE AND CAR WASH FACILITY FOR SHELL OIL COMPANY ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use modification request to establish a gasoline station with a convenience store and car wash facility for Shell Oil Company. The project is located at the southeast corner of Congress Avenue and Atlantic Avenue. B A C K G R 0 U N D: Currently, the site contains a Shell Gasoline station with 8 pumps and a 1,900 square foot structure. The existing structure contains 3 inside repair bays, office, and convenience items. Shell Oil Company desires to demolish all of the existing structures on site for the construction of a new facility. The new facility will contain 8 pumps, a 1,000 square foot convenience store, and 900 square foot automatic car wash with a 100% water re-claim system. The attached Planning and Zoning Staff Report contains additional background information and a full analysis of the request. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of December 19, 1994. No one from the public spoke on the item. The Board, by a vote of 5-0 recommended approval of the Conditional Use modification request subject to the following conditions: 1. Processing and approval of a full site plan which is in general compliance with the accompanying sketch plan. 2. Accommodation of the following through site plan revision to be approved by the SPRAB. * provision of 100' stacking distance 3. That the plat be recorded prior to building permit submittal. 4. Provision of water plans indicating fire hydrant locations and spacing which meets requirements of LDR Section 6.1.10(B), 5. Provision of sewer plans indicating the location and method in which the sewer main is to be extended. 6. Dedication of 7' for the ultimate right-of-way for Atlantic Avenue, or provide verification from the County that the additional right-of-way is not needed. R E COM MEN D E D ACT ION: By motion, approve the Conditional Use modification to establish a gasoline station with a convenience store and car wash facility for Shell Oil Company based upon positive findings of 2.4.5 (E) (5), and subject to the conditions recommended by the Planning and Zoning Board. Attachment: * P&Z Staff Report & Documentation of December 19, 1994 PLANNING AND ZONING BOARD j CITYOE DELRAY BEACH --- STAFF REPORT --- ..---- ~ MEETING DATE: December 19. 1994 AGENDA ITEM: V.B. ITEM: Conditional Use Request for the Shell Station at the Southeast corner of Atlantic Avenue and Congress Avenue. GENERAL DATA:. I . Owner. .... ...............Shell Oil Company Applicant............. ...David J. Felton Corporate Property Services, Inc. Location.................Southeast corner of Congress Avenue and Atlantic Avenue. Property Size............0.63 acres City Land Use Plan.......General Commercial UI :) City Zoning...... .,.......GC (General Commercial) z UI Adjacent Zoning...North: GC > East: HIC (Mixed Industrial 4(: @ and Commercial) South: HIC West: PC (Planned Commercial) Existing Land Use........Existing service station. Proposed Land Use........Conditional Use for the I demolition of the existing i . I service station and I establishment of a 1,409 I square foot service station, I I I convenience store, and car I ~ wash with attendant parking ¡ I ... and landscaping. I i . II' (I) , i Water Service............Existing on site. &.! i I a:: ... _ WAy I Sewer Service... .........Existing on site. <.2 I :z I I 0 ! Co) I ! ~ I I V.B. I· I T E M B E FOR E THE BOA R D: The item before the Board is that of considering a modification to a Conditional Use, in order to establish a gasoline station with a convenience store and car wash facility for Shell Oil Company. A sketch plan accompanies the request. The subject property is located at the southeast corner of Congress Avenue and Atlantic Avenue Pursuant to LDR Section 2.4.5(E)(7), if a Conditional Use modification involves intensity of use or hours of operation, it must be approved by the Planning and Zoning Board. If the Board determines that the modification is significant, the request must be heard as a new conditional use application, with final approval by the City Commission. Given the extensive nature .. of the changes associated with this Conditional Use modification, Staff has processed this request as if it were a new application. Thus, if the Board finds that the changes are significant, the request can be forwarded to the City Commission without delay. B A C K G R 0 U N D . . The property was developed as a Shell Gasoline Station prior to 1984, while under the jurisdiction of the County. The station contains 4 dispensers (8 pumps), and a 1,900 square foot structure which contains offices, convenience items, and three service bays. At its meeting of March 27, 1984, the City Commission approved the following: * Annexation of the subject property via Ordinance 13-84; * Land Use Plan Amendment changing the designation from Indµstrial to General Commercial via Ordinance 15-84; and ~ * Conditional Use Approval for the addition of a pump island and canopy. At its meeting of April 17, 1984, the City Commission approved a zoning designation of GC (General Commercial) for the subject property via Resolution No. 84-525. With the widening of Congress Avenue, the County through eminent domain proceedings took a portion of the Shell Gasoline Station for intersection modifications. The station filed suit for damages in the amount of $559,000 for loss of property value. / P&Z Staff Report Shell Oil Modification to Conditional Use Page 2 The suit claimed that the site could not be redeveloped under current code requirements given its smaller size. As a compromise, the City determined that a portion of the right-of-way for McNab Road (aka Old Atlantic Avenue), which is located along the rear of the property could be abandoned, and additional property given back to the property owner. At its meeting of June 11, 1991, the City Commission approved the abandonment of a portion of the right-of-way for McNab Avenue. Through the abandonment process, the station was able to obtain an additional 17.5 feet of property along the length of the south property line making the law suit moot. Shell desires to demolish all the existing structures on site for the construction of a new facility. On November 4, 1994 a Conditional Use Modification application was submitted for the Shell Facility. PRO J E C T DES C RIP T ION: Currently, the site contains a Shell Gasoline Station with 4 dispensers (8 pumps) along with a 1,900 square foot free-standing structure. The structure contains 3 inside repair bays, office, and convenience items. The development proposal involves demolition of the existing station and construction of a 1,000 square foot food mart, 900 square foot automatic car wash with a 100% water re-claim system, and 4 dispensers (8 pumps) . The modification will include upgrading the entire site with respect to required parking spaces, landscape buffers, and a reduction in curb-cuts. The applicant has indicated that the hours of operation will remain 24 hours a day, and that there will be a reduction in the size of staff from 3-4 employees, to 1-2 employees. CON D I T ION A L USE A N A L Y S I S: 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, written materials submitted by the applicant, 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. ·j P&Z Staff Report Shell Oil Modification to Conditional Use . Page 3 The Future Land Use Map designation for the property is General Commercial. The current zoning designation of GC (General Commercial) is consistent with this Future Land Use Map designation. The GC zoning district allows gasoline stations as a conditional use, and was approved as such by the City Commission on April 17, 1984. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water: Water is provided to the site via a service extension from a 10" main which is located within the McNab Road right-of-way. The Fire Department identified that there are no fire hydrants which currently serve the si te~· The nearest fire hydrant is located across the street at the northeast corner of Congress Avenue and Atlantic Avenue. The installation of fire hydrants is required pursuant to LDR Section 6.1.10(B). Engineering plans indicating the location and spacing of the hydrants must be addressed prior to action on the site plan. Sewer: Sewer service for the station is provided by a septic tank and field. Municipal sewer is not readily available to the site. Sewer mains in the general vicinity of the station are located on the west side of Congress Avenue and the north side of Atlantic Avenue. Engineering plans were not submitted with the modification, however, the applicant has indicated that they are working with their engineer to determine the best location for the sewer main extension. The extension of the main will require a jack and bore across one of the adjacent roads. This item will need to be resolved prior to action on the site plan. Streets and Traffic: ~.. A Traffiê:Study was submitted with the development proposal, and concludes-the following: * Traffic generation was based on studies of similar facilities found in the ITE Trip Generation report, 5th Edition. Based on those studies it is estimated that 527 net new daily trips are expected to occur with the redevelopment of the site. * That the traffic associated with the proposed redevelopment is in compliance with Test One of the Traffic Performance Standard by satisfaction of Alternate Test One (Alternate Test One was conducted as Atlantic Avenue exceeds Level of Service "D" standards). P&Z Staff Report Shell Oil Modification to Conditional Use Page 4 * That the traffic associated with the redevelopment is in compliance with Test Two of the Traffic Performance Standard. Palm Beach County Engineering Department reviewed the traffic study and has stated that based upon the above conclusions the project is in compliance with the Palm Beach County Traffic Performance Standards. Thus, a positive finding with respect to traffic concurrency can be made. Drainage: Drainage will be accommodated on site via exfiltration trenches. The following technical item is noted: That drainage calculations be provided indicating adequate retention for water quality as set forth by the South Florida Water Management District. Solid Waste: Currently, the service station generates 29.5 pounds per square foot per year or 28 tons of solid waste. With the modification, the convenience store will generate 36.7 pounds per square foot per year or 18.35 tons of solid waste. Therefore, a reduction in solid waste will be created with the redevelopment of the site. Parks and Recreation: Park dedication requirements do not apply for non-residential uses. Consistency: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) for the Conditional Use request 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 of a finding of overall consistency. Comprehensive Plan Policies: .' A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies are noted in the Traffic Element: Policy A-6.2 The approval of a modification to an existing site development plan and/or conditional use shall be conditioned upon the upgrading of its points of access to meet adopted standards. P&Z Staff Report Shell Oil Modification to Conditional Use Page 5 The existing station has one curb-cut along Congress Avenue, and two curb-cuts along Atlantic Avenue. The curb-cut located at the corner of the site adjacent to the intersection (on Atlantic Avenue) is to be eliminated with the modification. The other two curb-cuts are to remain. The adopted standard for a point of access to a street or alley is 24' unless a greater width is specifically approved as part of the site and development plan approval. The two remaining curb-cuts are approximately 30' wide which exceeds the adopted standard. The applicant does not wish to modify these curb-cuts as they are an existing condition, and that it is easier for fueling truck maneuverability. The expanded width can be approved as part of the site plan modification approval process. Policy A-2. 2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of-way of adjacent streets.....pursuant to Palm Beach County Thoroughfare plan. Traffic Element Table T-4 Atlantic Avenue - Pursuant to this element of the City's Comprehensive Plan and the Palm Beach County Thoroughfare Plan, the ultimate right-of-way width for this section of Atlantic Avenue (between I-95 and Military Trail) is 120'. Only 53' of right-of-way exist on either side of the center line of Atlantic Avenue. Thus, the project is required to dedicate 7 ' for an ultimate right-of-way of 120' . The 7' dedication can easily be accommodated with some minor modifications to the proposed site plan. However, the City Engineer questions if additional right-of-way is really needed based on improvements which were just recently made to Atlantic Avenue in front of the site, and that 7 ' of dedication was not extracted with the redevelopment of the Chevon site (FKA Exxon Station). The applicant may wish to pursue this item further with Palm Beaéh County, and the Florida Department of Transportation, and can be resolved prior to final action on the site plan and plat. REQUIRED FINDINGS: [Section 2.4.5 (E)(5)] Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Section 3.1.1, the city Commission must make findings that establishing the Conditional Use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; and I P&Z Staff Report Shell Oil Modification to Conditional Use Page 6 B. Nor that it will hinder development or redevelopment of nearby properties. This site is bordered by industrial uses to the south and east (Rinker and Kane Signs), and commercial uses to the north and west (Chevon Gasoline Station, a vacant parcel with the potential of a gasoline station, and Congress Square shopping center) . The Conditional Use modification will upgrade and modernize the existing gasoline station, and eliminate the industrial type repair operation from this prominent intersection. Improved on site circulation will be provided, and a dangerous curb-cut will be eliminated. In addition, substantial landscape buffers will be provided around the entire site, where none currently exist. The aforementioned improvements will not hinder redevelopment or have a detrimental effect on the stability of surrounding uses. L D R COM P L I A NeE: If the Conditional Use Modification is approved, a full site plan submittal must be reviewed and approved by the Site Plan Review and Appearance Board. An associated sketch/site plan has been submitted with the Conditional Use modification. It is appropriate at this time to bring the following LDR requirements to the attention of the applicant: * Pursuant to LDR Section 4.6.9(D)(3)(c), provisions must be made to provide for 100' of clear stacking f rom the first point of transaction for each lane of a drive-thru facility; or the length of the stacking area shall be determined as a part of a traffic study in which case it must be demonstrated that stacking and transition of incoming traffic from a public street will not back up into the public street system. The two eastern most pumping islands do not meet this requirement from Atlantic Avenue. * It ~ay be appropriate to reconfigure the pumping islands for~.better on-site circulation. * Pursuant to Chapter 5 of the Land Development Regulations, the subject property must be platted as a minor subdivision. Platting is required as additional property has been added to the parcel from the abandonment proceedings, and that the parcel was created by a metes and bounds description from a larger parcel. It is noted that a minor subdivision plat has been submitted and is currently in the review process. 4 P&Z Staff Report Shell Oil Modification to Conditional Use ~ Page 7 REV I E W B Y o THE R S: Site Plan Review and Appearance Board: If approval is granted for the Conditional Use, the associated site plan action will rest with the Site Plan Review and Appearance Board. The site plan must accommodate concerns raised through the Conditional Use request. Neiqhborhood Notice: As previously noted, this item has been processed as if it were a new Conditional Use Application. Property owners within 500 feet of the subject property have been sent notice of the public hearing. In addition, the following persons have received courtesy notices of the Conditional Use petition: Helen Coopersmith, P.R.O.D. Lillian Feldman, United Property Owners ASS E SSM E N T AND CON C L U S ION S: The Conditional Use modification request represents an intensification of use through the addition of the automatic car wash and convenience store. The modification will eliminate service repair bays and a dangerous curb-cut. The site will be substantially upgraded by providing special landscape buffers along Atlantic Avenue and Congress Avenue, as well as total site landscape improvements. The older dilapidated structure will be demolished and replaced with a new facility. These improvements will have a significant visual impact and provide a positive influence on adjacent properties and the immediate area. Given the extensive modifications involved it is appropriate to process the request as a new Conditional Use application. A L T ERN A T I V E S: A. Continue with direction. B. Determine that the modification is not significant, and approve the Conditional Use Modification. C. Determine that the modification is significant, and recommend approval of the Conditional Use based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5) subject to Conditions. D. Determine that the modification is significant, and recommend denial of the Conditional Use based upon a failure to make a positive finding with respect to Section 2.4.S(E)(S) with reasons stated. P&Z Staff Report Shell Oil Modification to Conditional Use Page 8 R E COM MEN D A T ION: Determine that the modification is significant, and recommend approval of the Conditional Use for the Shell Facility based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5) subject to conditions: 1- Processing and approval of a full site plan which is in general compliance with the accompanying sketch plan. 2. Accommodation of the following through site plan revision to be approved by the SPRAB. * provision of 100' stacking distance 3. That the plat be recorded prior to building permit submittal. 4. Provision of water plans indicating fire hydrant locations and spacing which meets requirements of LDR Section 6.1.10(B), 5. Provision of sewer plans indicating the location and method in which the sewer main is to be extended. 6. Dedication of 7 ' for the ultimate right-of-way for Atlantic Avenue, or provide verification from the County that the additional right-of-way is not needed. Attachments: * Survey * Sketch Plan * Location Map ..:.: ~ ,~ \ ~"- I ' \ ~ I '~ J, ,. ~ " "". ' '-', '" - "-! '!, ' ~ \ ~., ' '~ .~ ';;~6 \ ~o:;:" ~O'¡;.~ o , '>,< " '",;, .,', ~'O .,." !1 1 ',- z ", ,. . . '- ' ¡ , , -..... I ~ ~.i;¡ :,~ \ ~~ , , \ ~I.. \ \ \ \ ~ ~ 1. 1 , \ \ I , \ \ !' W W ::> Zco ~i - !! - Cc ~ tñtñ ~ ,i ·, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJi1{ SUBJECT: AGENDA ITEM # Cf. C . - MEETING OF JANUARY 3, 1995 TRI-PARTY PROPERTY ACOUISITION AGREEMENT DATE: DECEMBER 30, 1994 This is before the Commission to consider a Tri-Party Agreement between the City, County and Delray Islands, Inc. for the acquisition of a 2.26 acre parcel owned by Delray Islands, Inc. This property is located on the south side of Lake Ida Road, west of N.W. 10th Avenue. The City needs the parcel for drainage retention, and the County needs a portion of the property for the Lake Ida road widening project. The final acquisition price of $149,547 was agreed to by all parties. The City's share of the acquisition cost is $83,082. Recommend approval of the Tri-Party Property Acquisition Agreement with funding of the City's share of $83,082 from Stormwater Utility Fund (Account No. 448-5411-538-63.90) . ~ c!~ . W/~ UU ~ I fþ 1.:¥30/9r 10 -o/~9s) - j -0 Agenda Item No.: AGENDA REQUEST Date: 12/28/94 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 1/3/95 Descriptlon of agenda item (who, what, where, how much): Approve Tri-Party Agreement for acquisition of 2.26 acre parcel owned by Delray Islands, Inc. Agree- ment between the City. County and Delray Islands. Inc. City share $83,082. Funding --IDl.aÍlable in Storm Water Utilities Fund account 448-5411-538-63.90. ORDINANCE/ RESOLUTION REQUIRED: Y2S;€) Draft Attached: YES/NO Recommendation: Approve Tri-Party Acquisition Agreement. Department Head Signature: ~~/9 4~ 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 alternative . (if applicable) Account No. & Description: ~-103.0V ~ Account Balance: City Manager Review: Approved for agenda: r:!}/ NO l¿JJl Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved [IT' DF DELIA' BEA[H DELRAY BEACH f lOR I 0 " tr.eztI 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000 All-America City " III!TO: MEMORANDUM David T. Harden, City Manager 1993 ~Robert A. Barcinski. Assistant City Manager FROM: SUBJECT: AGENDA ITEM:## C¡C CITY COMMISSION MEETING JANUARY 3,1995 APPROVAL TRI-PARTY PROPERTY ACQUISITION AGREEMENT DATE: December 28, 1994 ACTION City Commission is requested to approve the attached Tri-Party Agreement between the City, County and Delray Islands, Inc. for the acquisition of an approximately 2.26 acre parcel owned by Delray Islands, Inc., on the south side of Lake Ida Road, west of N.W. 10th Avenue. The City's share of the acquisition cost is $83,082. Funding is available in the Storm Water Utility Fund. BACKGROUND Approximately 1 6 months ago the City was contacted by the property owner and the County to determine if the City had any interest in acquiring this parcel jointly with the County. We determined that we could use the parcel for drainage retention. The County needed a portion of the property, approximately .12 acres for the Lake Ida Road widening project. As we discussed this request with both parties, it was apparent that the County would not reach an agreement with the property owner for the section they needed. Due to new road elevations, the property owner felt his property would flood, making the whole property useless. In addition, he would loose front footage on Lake Ida Road making the property narrower. The City was asked to participate in order to facilitate the acquisition so that the road project could proceed sooner. The County first offered only $18,800 for their portion, which we did not think was acceptable. If the County had gotten into litigation their costs would have been considerably higher. We finally obtained joint verbal agreement last May, and it has taken the County until the present to provide a final agreement. The City will end up with approximately 2.14 acres, the County .12 acres. See attached drawing. The City Attorney has reviewed the agreement and has determined that it is acceptable as to form. @ Printeo on Recyclea Paper THE EFFORT ALWAYS MATTERS AGENDA ITEM # TRI-P ARTY PROPERTY ACQUISITION AGREEMENT Page 2 The tax value of the property is $115,500 and a City appraised value was $133,000. The property owner's appraised value was approximately 25% higher. The final acquisition price of $149,547 was agreed to by all parties through negotiations. RECOMMENDATION Staff recommends approval. RAB:kwg Attachment File:g:ogendo Doc:TriPorty.Acq ~-~I<1'; L II~CUI~ ~ :(1) (J) \<Jì ,"'; ~ 5 In ~ '" '" '...._;$~, . . _ ErE,' .r( - U'I A VI ,I\,) - Þ::) v)õ CD ~ ~ là)lVì~ ~1U'1 Ul, ¡eJl IUl <J' 101 1\J1 :I(JJ -"'~I-<1~ ~q ,J">-- ~ o - ,I\,) ~ ,j:> \fl (]'I "..., ; 1 ~ . .../. 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Þ N - 0 \.D CD -...¡ (J1 lJ1 f? l~ _ ~'f : )\: JJ., /() ¡-Þ © ..:....~ ~'- .-. ,........ - I- h- I::: IN IN IN IN ¡DIN Vl ~\~ ~ .f',) '" Jì I""" rlQ) f\U 0 - 4'v VI" ~ I~ ~ ~~ ~ ~ ~ . ~ , , . " c .' .. 0'" "- 'II -.... ~. t' O,~"L" T H "". - ': ,,", r---. \_ ' ",-I ~~ ~,. " q V1 '" I J r- _ ~ V1 '. I ¡. I~ ;Iûi I:¡:; I~ IÑ 1.::-- 16 :lD : '--" ~ ~ li .. " . ~ ~~ ~ . I . I ~ I(J:J ~v . -IN ¡vi .t. 1111 (j) -..j ;Icp I~~ \ r- .~. . - _ ~ _ J ~ -::--. j I ~ \ _-I m --'::.!" Q) .", \. [i~ A.' ~"_p-~ "I~, { ( ... r-~ , " , , r-. 10 T H ,,' o. ,."., .~. \ ifj' ,> 1'------------, 1~ piU ILffIJ,' g , 1rA-,f?t=- .... I I ~ 0 IV ....... Jl ~ I- - r-.. ~ ,~ (:2) ~ ~ ~ \.~ ):> ~ (\ :v~..J ~ ;~. '(') - Irv \J) 0J o 1- ,.) . ". /v 'tu (]I I---..J «,,) -~/::-::,.fJ>ìJ. ~"~ "1, ~ ~ ,,,I C) 1---'1 ,\ ~: I .~r:ì".r ® -:-:~-f ~~ I~·~ ~.~ At: tOEe 2 1 19~4 .:~ }i .' ".,C·'.,." £IT' DF DELIA' HEAEM CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH. FLORIDA 33444 FACSIMILE 407/278-4755 DELRA Y BEACH F LOR I D A ...... AII·America City MEMORANDUM 1 ~ III! 1993 DATE: December 20, 1994 TO: Robert A. Barcinski, Assistant City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Delray Islands - Goldstein Agreement - Lake Ida Road Attached please find three original agreements regarding property acquisition matters on Lake Ida Road. The Agreement is a Tri-Party Agreement between the City, the County and Goldstein. Please prepare the necessary cover memorandum for City Commission approval. Once the Commission approves the Agreements, the signed Agreements should be returned to Brian Boysaw with a copy to Laurie Gildan, as set forth in her memorandum of December 13, 1994. e call if you have any questions. Attachment cc: Dan Beatty, Assistant City Engineer delislds.sar ® Printed on Recycled Paper . , Prepared by: Laurie L. GiIdan, Esq. Greenberg, Traurig, et aI. m S. Flagler Drive. Suite 310E West Palm Beach. FL 33401 Return to: W Ie 42 TRI-PARTY AGREEMENT THIS AGREEMENT is made this _ day of December, 1994, by and among DELRAY ISLANDS, INC., a Florida corporation ("Owner"), PALM BEACH COUNTY, a political sub-division of the State of Florida (the "County"), and the CI1Y OF DELRAY BEACH, a political subdivision of the State of Florida (the nCity"). WIT N E SSE T H: WHEREAS, Owner is the owner of certain real property fronting on Lake Ida Road and legally described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the County wishes to acquire a portion of the Property, as legally described on Exhibit "B" attached hereto and made a part hereof (the "County Property"), for the purpose of widening Lake Ida Road, and has instituted an action to condemn the County Property in the case styled Palm Beach Coun~ v. Delr~y Islands. Inc.. et at, Case No. CL93-9084-AB, in the Circuit Court of the Füteenth Judicial Circuit of Florida (the "Litigation"); and WHEREAS, the City wishes to acquire a portion of the Property, as legally described on Exhibit tIC' attached hereto and made a part hereof (the "City Property"), for the purpose of drainage facilities and has considered instituting condemnation proceedings; and WHEREAS, in lieu of condemnation, Owner is willing to convey the County Property to the County and the City Property to the City on the terms and conditions set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. On or before December 30, 1994, Owner shall convey the County Property to the County by special warranty deed, subject to all matters of record. Simultaneously therewith, the County shall pay to Owner the sum of Sixty-Six Thousand Four Hundred Sixty-Five Dollars ($66,465) in lieu of condemnation, and shall cause the Litigation to be dismissed as to Owner. Wie\........'.....J\IU:U.O.1711O\12/14/M 2. Simultaneously with the conveyance of the County Property to the County, Owner shall convey the City Property to the City by special warranty deed, subject to all matters of record. Simultaneously therewith, the City shall pay to Owner the sum of Eighty- Three Thousand Eighty-Two Dollars ($83,082), in lieu of condemnation. 3. Simultaneously with the construction of a median strip within Lake Ida Road, which shall occur during the anticipated widening of Lake Ida Road, the County shall construct, at its expense, a left-hand turn lane providing access into that portion of the Property located north of Lake Ida Road (the "Remaining Property"). The left-hand turn lane shall be located as shown on Drawing No. 90502, Sheet 12 of 62, "Lake Ida Road- Congress Avenue to Swinton Avenue" of the County Engineering Department, a copy of which is attached hereto as Exhibit "D." 4. The City and the County both hereby agree and acknowledge that the development of the Remaining Property presently warrants and justifies the construction of a right-hand deceleration lane, on the north side of Lake Ida Road, as shown on the sketch attached hereto as Exhibit "D." Neither the City nor the County shall object to, delay or prohibit construction of such deceleration lane, provided that Owner and/or its successors and assigns shall (a) bear the cost thereof, (b) obtain all appropriate and necessary building permits; and (c) dedicate a right of way for such deceleration lane to the County, if requested by the County. 5. Owner shall pay documentary stamps due on the conveyances to both the County and the City. 6. Owner hereby represents and warrants that it owns the Property free and clear of any and all mortgages, encumbrances or other monetary liens. Owner shall not be obligated to provide either the County or the City with title insurance. 7. Each party hereto shall pay its own legal fees and expenses in connection ~th the transaction described herein. In the event of any litigation arising hereunder, the prevailing party shall be entitled to recover its attorneys' fees and costs from the non- prevailing party. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. The provisions of Paragraphs 3, 4, 6, 7 and 8 hereof shall survive delivery of the above-described deeds to the City and the County. 10. This Agreement is intended to be recorded in the Public Records of the County. "',II&..DM&. '......2\122Y.Oll100\12.ll./M - 2 - . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. WITNESSES: ISLANDS, NC., a Florida ~~~ , BY: Core \ Gc\ds+e...'1"\ PALM BEACH COUN1Y, a Political Subdivision of the State of Florida BY: TItle: CI'IY OF DELRAY BEACH, a Political Subdivision of the State of Florida BY: TItle: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me thi~day of ^k~'.J.I"r, 19'f'1 by Gilbert Goldstein as President of Delray Islands, Inc., a Florida co oration, on behalf of the corporation. bL Notary: [NOTARIAL SEAL] Print N e: I ~~~I~ L. G,L-r;rHV Notary Public, State of ~ or, d.6- My commission expires: (..¡ I::L.,I Q'T ~ersonally Known OR 0 Produced Identification Type of Identification Produced MN\..&.IIIIIa.\4....a\ua..OI n..\II/II",. - 3 - 0) WllEL aDON . '. tM~' CC383171 EXPIRES \. .. 28. 1998 '.. IDIØD 1l1li 1IIIIY fAIN 1fISUIWICE. INC. ~ .. EXHIBIT "e" City Property LEGAL DESCRIPTION A portion of section 8, Township 46 South, Range 43 East, more particularly described as follows: Beginning at a point which is the following two courses and distances from the Northwest corner of Lot 17, Lake Ida Manor Addition Number 2 as recorded in Plat Book 25, pagõ 61, Public Records of Palm Beach County, Florida; (1) South 00 19'18" East a distance of 254.38 feet to a point in the northerly right of way line of Lake Ida Roag, thence (2) along the said northerly right of way line North 89 49'19" West a distance of 673 25 feet to the point and place of beginning. Thence, South 00b10,oo" East a distance of 80 feet to a point in tha South right of way line of Lake Ida Road; thence North 89 49'19" West a distance of 150 feet to a point; thence, South 00007 '18" East a distance of 184.59 feet to a point; thence, North 89050'03" West a distance of 523.70 feet to a point; thence North 00001' 03" West a distance of 271. 44 feet to a point in the Northerly right of way line of said Lake Ida Road; thence along said Northerly right of way line of Lake Ida Road in an easterly direction along a curve with a radius of 1464.58 feet and a central angle of 05030'34" a distance of 140.83 feet to a point; thence, South 89049'19" East a distance of 531.97 feet to a point and place of beginning. Less the following described property: Commence at the Southeast c06ner of the Southwest quarter of said section 8, thence North 01 15'06" West along the east line of said Southwest quarter, a distance of 334.17 feet to a point on the exis~ing Southerly right-of-way line of Lake Ida Road; thence south 89 08 '14" West along said Southerly right-of-way line, a distance of 824.02 feet to a point on the West line of the East 150.00 feet of the West half of said Lot 19, s~id point being the point of beginning; thence continue South 89 08 '14" West along said Southerly right-of-way line, a distance of 384.09 feet to a point of curvature with a circular curve concave to the North, having a radius of 1544.76 feet and a central angle of 05011'57"; thence Westerly along the arc of said curve, an arc distance of 140.18 fÕet to a point on the West line of sa id Lot 19; thence South 01 20 '18" East along said West line, a distance 'of 8.04 feet t a point on a curve concave to tse North, having a radius of 1552.76 feet, a c¿entral angle of 05 10'11", and whose radius point bears North 04 18'25" East from said point; thence Easterly along the arc of said curve, an arc 8istance of 140.10 feet to a point of tangency; thence oNorth 90 08 '14" East, a distance of 96.40 feet; then8e South 00 51'46" East, a distance of 8.00 feet; thence N«ôrth 89 08'14" East, a distance of 40.00 feet; thence NOf)th 00 51' 46" West, a distance of 6.00 feet; thence North 89 08'14" East, a distance of 158.00 feet; thence South 00051'46" East, a distance of 5.00 feet; thence ~orth 89008'14" East, a distance of 44.00 feet; thence North 00 51'46" West, a distance of 4.00 feet; thence North 89008'14" East, a distance of 45.77 feet to a point on the aforesaid West line of the East 150.00 feet of the West half of said Lot 19; thence North 01017'42" West along said West line, a distance of 11. 00 feet to the point of beginning. containing 2.14 acres of land, more or less. Subject to easements, reservations, and restrictions of record. EXHIBIT "D" - Pa e . ROOSEVl , 1111 'I ' . ,¡ '!, 201 . , -I ", ;:¡: '. :l! ; ~ JS/ .' 'I: .. ~ ;, ~ : i . ~ ¡ . ". I' " !," i :, o ~... ; .i,e I : ,-:.:.:: i 1;:1 .101 !'¡I I: ¡III I 1:- , :1 " ,!j , : " II ; II ; ¡ ! ~ ~ :1\1 ¡ ~ ' ¡ ¡ iT;' ; . ¡ ¡ : ,I ,,1, i i ; .. . ~ !¡! i , ii:1 ji\ 'I' I;'j " " ,; , ' i! 'I : I,': 'I ;: I il!; " 11I'ILITf RELOCATIDRS/AIIJUS'DUTSfCOll'lJ!MTS TO DE CDHPI..I!'I'EP DY DnJ6I<S '. #' ~ '~ .. ",' 1) IIISTIIIC AI!IIIAL L1II!S. CIIOSSIIICS. I'OIZS, GUYS. ETC. TO æ RB- " .. IDCATED Dl/l'SIDI! OF lOAD CDIIS11CUCTIDR ARßA. ~\:'\ f,"t Ll 2) AU. \JItDÐtCRIJUND \II'lLITfES "I'D æ SI/PJ'OI['.; Alß)fDR KI!LOCA-reD AT I DISCRETIDII OF APPUCA/II.E \II'lUTr MOtoR ACJ::NCY. '\f\;·>:\" , 3) AU. WATER VALVES, CXJVBKS. II.H. & Y.H. AI" R~LEAS~ VALVES TO BE ,,' ADJUSTIID ro APPLICABLE PROPOSED ELt.'VATIOHS. I'! ¡ '!¡t!!' I!I I ' , I ¡ I' . ~ : I I , 1,1 'II' ,I , ", I ¡II " I .r! !: I !J;,;: :II¡ , iil ! 'I' , !, , I' !!_Ir !. I:!' I C\t ., :!!!. Ii ',I: ; i ' ,j'!1 I :1 , /.1: I; ii '"'"T' i !,'il it' !'; , II: il,l " . II i ¡ ¡ ; ;, J ' i. ~ !. :! iI " !; : ¡ I' ,I: I , ; ," Ii/ I! 'I I ' I:; , , II·' II' !' ,i', ;i Ii,! ",j. '¡:j ii ., ,i: ',' II, ¡: 'il ¡ii ' ;I¡ ~ I ' ... r .Ii ; !I PALM BEACH COUNTY. FLORIDA --III """"'" __ ENGINEERING DEPARTMENT ---.. - DAlI ," ~RZ LAKE IDA ROAD' DlAWN IT IIPJIJVS JO~90 ,-: z' . TIACSIIY 0RAW1N6 90502 CONGRESS AVENUE TO SWINTON AVENUE REMARKS IY CHICICED IY sew /0-80 NO. PLAN AtÐ PROFILE Um/OHS NOTIIOOIt NO. _r 12 01' 8Bn MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9· D. - MEETING OF JANUARY 3, 1995 INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/POMPEY PARK POOL FUNDING DATE: DECEMBER 30, 1994 This is before the Commission to consider an interlocal agreement with Palm Beach County for funding the Pompey Park Pool project. The Board of County Commissioners approved allocation of up to $170,000 in projected capital reserve funding for construction of the pool. The agreement is written so that the City will receive $170,000 once that amount is spent. The County has placed this item on their agenda of January 10, 1995, so this agreement needs to be executed and sent to the County by January 5, 1995. Recommend approval of interlocal agreement with Palm Beach County for funding the Pompey Park pool project. ~ 6~o Agenda I tern No.: AGENDA REQUEST Date: December 13, 1994 Request to be placed on:' y Regular Agenda Special Agenda Workshop Agenda When: January 3, 1995 Description of agenda item (who, what, where how much): Approval of the Interlocal Agreement between Palm Beach County and £he G1Ly for the funding of up to $170,000 for the Pompey ~arK ~ool ~roJecL. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approve the above. Department Head Signature: '"~.~--- Determination of Consistency wit City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): N/A Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: @}/ NO trM ¡k_"~ fj¿ ~ Approved for agenda: Hold Until: ~~ ¿c ~ L-t~~ - ô/ e-.,L Q.R \~~ ( Agenda Coordinator Review: tV- r vJ? t ~ Received: Action: Approved/Disapproved [IT' DF DELIA' IEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 DELRA Y BEACH , l 0 I( I D " ~ AI~America City , , II r,~ MEMORANDUM 1 Ul)) DATE: December 19, 1994 TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Pompey Park Pool - Interlocal Agreement I have received the above-stated Agreement and find it legally sufficient. Please note that Paragraph 6 makes the Agreement binding for 25 years. The fourth "Whereas" clause requires that the pool will be open to all members of Palm Beach County . Further, please note that while the Agreement does not so state, prior to its effectiveness, the Interlocal Agreement must be filed with the Clerk of the Circuit Court for Palm Beach County, pursuant to Florida Statutes Section 163.01(11). ~You have any questions. S :ci Attachment cc: Joe Weldon, Director of Parks and Recreation Becky O'Connor, Treasurer Barbara Garito, Deputy City Clerk pompey.sar _....~._.. RECEIVl::D I .:¿ /.:J..o /9 Lf . CITY CLERK - -......".~.. ® PnrHed on Recycled Paper DEC-12-1994 11:36 PALM BEACH PARKS & REC P.02 Boa.rd of County Commissioner& County Administra Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Deparbnent of Carol A. Roberts WíU'l'en H. Newell Parks and Recreati( Burt Aaronson Maude Ford Lee December 9, 1994 Mr. David aarden city Mana.qer 100 N.W. 1st Avenue Delray Beach, Fl 33444 RE: INTERLOCAL AGREEMENT ~ POMPEY PARK POOL Dear Mr. Harden: On January 5, 1994, the Board of County Commissioners gave conceptual approval to the allocation of up to $170,000 in projected capital reserve funding to help the city of Delray Beach fund the construction of the Pompey Park Pool. The funding for this project has now become available, and the attached Interlocal Agreement is enclosed for execution by the City of Delray Beach. We are placing the Agreement on the January 10, 1995, Board of County commission Agenda for execution, and would therefore request that you have both copies of the enclosed Agreement executed and returned to me by January 5, 1995. Please contact me at 966-6685 or Susan Yinger, Grant Coordinator, at 966-6653 if you have. any questions about the Agreement. We look forward to working with you on this excellent project to increase recreational opportunities in Palm Beach county. Z;~~ Dennis L. Eshleman, Director Parks and Recreation Department DLE/SWY Attachments .. "An Equal Opporhmity - AffíT7T1at'ÌVf;! Action Employer" @ prlnMd an r/lðy(¡/~ ØIlfJ6f 2700 6th Avenue South t.<lk(! Worth, Florida 33461 (407) 966·6600 INTERLOCAL AGREEHENT BETWEEN PALK BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR THE FUNDING OF CONSTRUCTION OF A SWIMMING POOL AT POMPEY PARK THIS AGREEHENT is made and entered into this day of , 1995, by and between Palm Beach County, a political sUbdivision of the state of Florida, hereinafter referred to as "County", and the City of Delray Beach, a municipal corporation, hereinafter referred to as "Delray Beach". WIT N E S B T H: WHEREAS, Delray Beach owns and operates Pompey Park; and WHEREAS, Delray Beach desires to construct a swimming pool at said Pompey Park; and WHEREAS, Delray Beach has requested from County an amount not to exceed $170,000 for the purpose of constructing said swimming" pool; and WHEREAS, Delray Beach will provide 50% or greater in matching funds for said project; and WHEREAS , said swimming pool shall be open to and benefit all residents of Palm Beach County; and WHEREAS, County approved said request on January 25, 1994, and directed staff to prepare an Interlocal Agreement for same upon the projected reserves becoming available; and WHEREAS , the projected reserves are available at this time; and WHEREAS ; both parties desire to enter into this Interlocal Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. County agrees to fund an amount not to exceed $170,000 to Delray Beach for construction costs for the Pompey Park swimming poo 1, hereinafter referred to as the "Project". 2. County will use its best efforts to provide said funds to Delray Beach on a reimbursement basis within forty-five (45 ) days of receipt of the following information: 1 - $~7 a. A written statement that the portion of the Project for , which reimbursement is Þeing requested has been completed; and b. A Contract Payment Request Form and a contractual services Purchase. Schedule Form, attached hereto and made a part hereof as "Exhibit An, which are required for each and every reimbursement reque.ted by Delray Beach. said information shall list each invoice as paid by Delray Beach and .hall include the vendor invoice number; invoice date; and the amount ~aid by Delray Beach along with the number and date of the respective check for said payment. . Delray Beach ahall attach a copy of each vendor invoice paid by Delray Beach and shall make reference thereof to the applicable it._ li.t.ed on the Contractual Service. Purchases schedule Fora. Further, Delray Beach'. Project Administrator and Project. Financial Officer .hall certify the total funds spent by Delray Beach on the Project and shall also certify that each vendor' invoice a. listed on the Cont.ractual services Purchases Schedule Fora wa. paid by Delray Beach a. indicated. 3. Delray Beach warrants that, project depicted on "Exhibit B", at.tached hereto and made a part hereof, shall be open to the general public on a non-discriminatory basi. regardle.. of residency, race, color, religion, disability, sex, aqe, national origin, ance.t.ry, marital .tatus, or sexual orientation. 4. Oelray Beach shall complete the Project and provide account.in" data to County for same on or before eiqhteen (18) month. from the date of execution of this Interlocal Agreement by the partie. hereto. Upon written notification to County, at least thirty (30) day. prior to that. date, Oelray Beach may request. an extension beyond this period for the purpose of completing the Project. County sha 11 not unrea.onably deny" Delray Beach's request for said exten.ion. !S. Delray B_ch .hall be responsible for all cost. of operat.ion and aaint.enance of .aid Project. 6. The t.erm of this Inter local Agreement .hall be for twenty- five (25) year. C01IIJIIenoln9 upon the date of execution by the partie. hereto. ~ TOT~ P.Ø2 " 7. The parties may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. This Agreement shall not be construed against the County. 8. This Agreement shall be governed by the laws of the state of Florida and any and all legal action necessary to enforce this Interlocal Agreement shall be held in Palm Beach County. In the event any action, suit, or proceeding is commenced with respect to interpretation or enforcement of this Interlocal Agreement, the prevailing party shall be entitled to recover all costs, expenses and fees, including without limitation, reasonable attorneys' fees incurred by such party in connection therewith. IN WITNESS WHEREOP, the undersigned parties have signed thi~ Interlocal Agreement on the date first above written. ATTEST: PALK BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILItEN, Clerk By: By: Deputy Clerk Chair WITNESSES: CITY OF DELRAY BEACH, BY ITS CITY COMMISSION By: Type or Print Name Title Signature APPROVED AS TO PORK AND LEGAL SUFFICIENCY By: County Attorney H:\SYINOI!RIClPlDELItA Y\AOR 3 PALM BEACH COUNTY .·.t A PARKS AND RECREATION DEPARTKENT CONTRACT PAYKENT REQUEST (Date) (Grantee) (project) Billing period Billing I Project Costs Cummulative project This Billing Costs Contractual Service Salaries and Wages Employee Benefits ( \ of Salaries) Materials Supplies Direct Purchases Grantee stock Equipment Travel Donated Real Property Indirect Costs TOTAL PROJECT COSTS certification: I hereby certify that Certification: I hereby certify that the above expenses were incurred for the documentation has been maintained the work identified as being accom- as required to support the project plished in the attached progress expenses reported above and is avail- reports. able for audit upon request. 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J II· r 1 ~' .-. :.-.-. ..- l._: J"- - - ¡¡.: .. , ,.- f I :\. .' . ,..--"+.- . .- . L ' . .,. ì- --= ..'_ II · I 'r: .- - - . II ~.. ¡; ~.¡ 1 T' I ., . -, . . '. ~~ I I . -.] Cl ... .. ; ... ._,' _.___ fit -LJ.. I I I __on . I - j '. . __.._. . _._ I . ......' -' .., . '. .: .... ;, 1 I . ')^ V ...01 ." - - -: - -- - - - .N __~._ -- ~-. of .-. - - - - - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9.£· - MEETING OF JANUARY 3, 1995 SERVICE AUTHORIZATION NO. 14/GEE AND JENSON E.A.P. , INC. DATE: DECEMBER 30, 1994 This is before the Commission to consider Service Authorization No. 14 in the amount of $28,170.00 to Gee and Jensen E.A.P., Inc. for consulting engineering services for the seawall reconstruc- tion project. The consulting fees, as well as the construction, will be jointly funded up to 50 percent by the Florida Inland Navigation District (F.I.N.D.) grant. This project includes the following seawalls: Casuarina Road, Lowry Street, S.E. 10th Street, N.E. 1st Court, N.E. 5th Street and Bucida Road. The estimated construction cost is $309,900. In addition, a fee is included for the design work on the Basin Drive seawall, which is not part of the F.I.N.D. grant. The estimated construction cost for the Basin Drive seawall is $80,000. Recommend approval of Service Authorization No. 14 in the amount of $28,170.00 to Gee and Jenson, with funding from the City Seawall Construction Program (Account No. 334-3162-541-61.93) . ~ $-0 Agenda Item No.: 9·E. AGENDA REOUEST Date: December 27, 1994 Request to be placed on: -1L Regular Agenda _____ Special Agenda _____ Workshop Agenda When: Januarv 3, 1995 Description of item (who, what, where, how much): Service authorization number 14 to Gee and Jenson, the City Seawall Rehabilitation Pro;ect lPro;ect No. 94-047), which includes the followina seawalls: Casuarina Road Lowrv Street S.E. 10th Street N.E. 1st Court N.E. 5th Street Bucida Road The estimated construction cost is S309,900. The consultina fees, as well as the construction associated with these seawalls will be ;ointlv funded UP to 50% bv the Florida Inland Naviaational District IF.loN.D.). In addition, a fee is included for the desian work on the Basin Drive Seawall, which is not part of the F.I.N.D. Grant. The estimated construction cost for the Basin Drive Seawall is S80,000. The total amount of Service Authorization 18 is S28,170.00 The fundina source is account #334-3162-541-61.93. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization No. 14- to Gee and Jenson in the amount of S28,170.00. Department Head Signature: IJP~Lfl__ ðo-P /zhg 1,1/ , I Determination of Consistency with Comprehensive Plan: city Attorney Review/Recommendation (if applicable) Budget Director Review (r~red~items involving expenditure of funds): Funding available: E NO Funding alternatives (if applicable) Account No. & Description Account Balance city Manager Review: Approved for agenda: @/NO f1(i1 Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Fi Ie: AG447D28.MRM DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: David T. Harden City Manager . ~_ FROM: William H. Greenwood ø~ Director of Environmental Services DATE: December 28, 1994 SUBJECT: SERVICE AUTHORIZATION NO. 14 TO GEE AND JENSON SEAWALL RECONSTRUCTION PROJECT PROJECT NO. 94-047 Attached is an agenda request and supporting information for Service Authorization No. 14 to Gee & Jenson in the amount of $28,170.00, consulting engineering services for the Seawall Reconstruction Project. The consulting fees as well as the construction will be jointly funded 50% by the Florida Inland Navigational District (F. I. N. D. ) . In addition, this service authorization includes a separate fee for the design of the Basin Drive Seawall, which is not part of the F.I.N.D. grant. The funding source is account #334-3162-541-61.93. Our initial evaluation of the Basin Drive seawall indicates that the collapse is a result of the wall not having structural tie backs or batter piles. Addi tionally, the weep holes within the seawall, which allow relief of back pressure from the ground water, appear to have been grouted shut. WG:DB:mm File: Agenda Request project No. 94-047 WG447D28.MRM · . Attachment A CONSUL TING SERVICES AUTHORIZATION Date: December 23. 1994 Service Authorization No. for Consulting Services City P.O. No. City Expense Code Gee & Jenson E-A-P, Inc. 93-040.30 Title: Seawall Recairs - Intracoastal Waterwav This Service Authorization, when executed, shall be Incorporated in and shall become an Integral part of the original Contract. I. Project description Preparation of construction documents to rehabilitate or replace various seawalls on City of Delray Beach properties adjacent to or along the Intracoastal Waterway (IC\NN). In addition, Consultant will assist City Staff in public bid procedures to obtain construction bids for repairs and recommend a contractor based on an explanation of bids received. II. Scope of services: Part 1 A. Phase I - Preliminary Design Phase 1. Prepare the preliminary plans for seawall replacement. These will become the construction drawings upon approval. 2. Prepare the preliminary written specifications for the seawall replacement. These will become the project manual during construction. B. Phase II - Final Design Phase 3. Meet with City Staff to coordinate construction efforts and to review the project. 4. Prepare the final plans and specifications as necessary for the City to solicit bids for construction. This will be in two packages for bidding in consecutive fiscal years. C. Phase III - Bidding/Negotiation Phase 5. Assist City with bid opening, preparation of bid tab, and make recommendations. D. Phase IV - Construction Phase 6. Construction phase services are not included in this scope. If these services are required, they will be performed as additional services, as approved by the City. It is anticipated City Staff will perform construction phase services. 7. Soil testing is not included in this scope. The City will obtain soils testing services based on a scope of work recommended by the Consultant. E. Phase V - Resident Project Services 8. Resident project services are not included in this scope. It is anticipated City staff will perform resident project services. Part 2 A. Upon separate written authorization, consultant shall provide additional services that may be required under this Service Authorization that may include: public property searches for right-of-way information, coordination with property owners to obtain additional information for engineering design, boundary differences and/or disputes between public and private property deed lines, extending limits of survey location as determined by the City, field surveys or field sampling and analysis required by permit agencies, assisting the City with funding applications, and any other services that may be requested by the City. Payment for said services shall be in accordance with Section VII, Part A.2.a. and b. of the Consultant Contract. B. Under separate authorization, consultant shall provide sevices for the Basin Drive bulkhead including those described in Part 1 A through E. III. Budget Estimate of Services Part 1 A. Phase I P 4 Hrs. X $36.67 = $147.00 SE 36 Hrs. X $25.00 = $900.00 E 14 Hrs. X $20.00 = $280.00 T/D 104 Hrs. X $13.33 = $1,387.00 S 10 Hrs. X $8.33 = $83.00 Subtotal = $2,797 X 3.0 = Total $8,391 B. Phase II P 4 Hrs. X $36.67 = $513.00 SE 42 Hrs. X $25.00 = $1,050.00 E 38 Hrs. X $20.00 = $760.00 T/D 72 Hrs. X $13.33 = $960.00 S 16 Hrs. X $8.33 = $133.00 Subtotal = $3,416 X 3.0 = Total $10,248 C. Phase III P 2 Hrs. X $36.67 = $73.00 SE 4 Hrs. X $25.00 = $100.00 E o Hrs. X $20.00 = $.00 T/D o Hrs. X $13.33 = $.00 S 2 Hrs. X $8.33 = $17.00 Subtotal = $190 X 3.0 = Total $570 D. Phase IV Total $.00 (see note) E. Phase V Total $.00 (see note) Grand Total $19,208 Part 2 A. Additional Services P 24 Hrs. X $36.67 = $880.08 SE 16 Hrs. X $25.00 = $400.00 E 10 Hrs. X $20.00 = $203.00 T/D 8 Hrs. X $13.33 = $107.00 S 10 Hrs. X $8.33 = $167.00 Subtotal = $1,757 X 3.0 = Total $5,271 B. Basin Drive P 8 Hrs. X $36.67 = $293.00 SE 14 Hrs. X $25.00 = $350.00 E 10 Hrs. X $20.00 = $200.00 T/D 24 Hrs. X $13.33 = $320.00 S 8 Hrs. X $8.33 = $ 67.00 Subtotal = $1,230 X 3.0 = Total $3,690 NOTE: There is no scope or budgeted labor at this time. IV. COMPLETION DATE - The services in Part 1 are to be initiated by the Consultant within 15 days of Authorization by the City and completed by Phase in accordance with the below schedule. T MONTH A S 1 10 K PART 1 Phase I Phase II Phase III Items Furnished by Owner at No Expense to the Consultant 1. Assist Consultant by furnishing, at no cost to the Consultant, all available pertinent information, all permit application and govemmental inspection fees; and other data relative to performance of the above services for the project. It is agreed and understood that the accuracy and veracity of said information and data may be relied upon by Consultant without independent verification of the same. 2. Designate in writing a person to act as the Owner's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Owner's policies and decisions with respect to materials, equipment, elements and systems pertinent to the Consultant's services. 3, Completion Date: 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 it's 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. Approved by: CITY OF DELRA Y BEACH: CONSULTANT: Gee & Jenson E-A-P, Inc. Date Date I ¿ ¡'Z3 /Cí '1 I' By: <--t.'-"'V'- ç Thomas E. Lynch Mayor ~~~ (Seal) WITNE~0_ Ii,; Attest: ' !1. /'1 ../I J!' (Ä <:t ' , (" )Vl/N \ Ie· Approved as to Legal Sufficiency and Form WfTNE~ Attest: /i " ,,~L¡h. C¡r k(~ STATE OF Florida COUNTY OF Palm Beach The aloe going 'nstcument was acknowledged beloce me this d3 day of bte- . ,!fi':l by ~ of Gee & Jenson Engineers-Architects-Planners, Inc., a Florida corporation, on be If of the cor oration, He is personally known to me and did not take an oath. ~ ,nllt" ignature of Person Taking Acknowledgment t-;.:....,.y·fs1;?:~ SHARON MILLER i<8:':*E tIN COMMISSION II CC323331 EXPIRES :Sra& Iî fh,< ¡ lë<: ~'" ....~l October 22.1997 ,,,~.,,.,,",q;... -_. --- · . FLORIDA INLAND NA VIGA TJON DISTRICT W ATERW A YS ASSISTANCE I'ROGRAM PROJECT COST ESTIMATES PROJECT NUl\1ßER: Pß-Dß-94-35 PROJECT TITLE: Seawall Rehabilitation Project APPLICANT: City Of Delray Beach Project Elements Quantity Estimated Applicants FIND (Number and/or Cost Cost Cost Footmtc) Casuarina Road Seawall 160 L.F. + $ 115000.00 + $ 57500.00 + $ 57500.00 Lowery Street Seawall GO L.F. + $ 48500.00 + $ 24250.00 + $ 24250.00 S.E. 10th Street 40 L.F. + $ 34000.00 + $ 17000.00 + $ 17000.00 Seawall N.E. 1 st Court Seawall 50 L.F. + $ 48000.00 + $ 24000.00 + $ 24000.00 N.E. 5th Street Seawall 35 L.F. + $ 32000.00 + $ 16000.00 + $ 16000.00 Bucida Road Seawall 160 L.F. + $ 32400.00 + $ 16200.00 + $ 16200.00 TOTALS 1+, $ 309900.00 II + $ 154950.00 11+$ 154950.00 I N -.......- -;¡¡- --....... 1 -'~ - I ~, -=0 J 0 -~. - .:::1= -O:.DDD ~ e,l - i-a..- '-- - ~ 1 I ' r- ..-.-- ..- - ..-.-- J I I J '!f < I I I II fJ /1 ~ ~ , -J Ii -=t" · U ß ú..J I I J I .........- _ ___ f- {I/'-=~ -- CI) < U I rr ')~ - /1 -=t" Il J( Æ' 0 , , i 0 1 III J J ü ... /) I -1 ~ 1 I 110 -- ~c. - .:-- = 8 '10 ~ J 4 I ArØ~ U l' ~~ - Ii (' I- Ir- -- :::1= == bJ I '0 < I J A1VM11C ~ =_ 1 2 ¡ J II. / I, I'\.UA ,- ~ Iii ~o 1 I-.J I hF?;~'~Rnnn I lr1nnnn/1 ~ DELRA Y BEACH CITY of DELRAY BEACH I LOCATION IL\P I I ENVIRONMENTAL SERVICES DEPARTMENT ~ð SEAWALL 4M 800m SIIlftON !'YINUI, DIW.Y BlACII. lLOIID! :J34.U PROJECT c IIb:d r-'irYaJ H . T I I L " A.tLJLJl' N It! '" = I ) , { II = I I II ---::¡~~- n, I - - I f ~ III I J : I I , I >- I ~ I -- I I ¡:;;: --- - - - - ~ ,-- 1-- ¡: I I ;-= ~ ( I II ~ J ANCHOR I I ....... P .".R K J j I L.J [ I / I l- I ~ :::::1::: == -- ::11=;== - -- I I ~ I ' ~ I / ø: II __ ~~ I ~--:8rn8 ~ ~ : r~ ~ /0; Lu ® () 0 ~..:...- It () ~ = 4: I þ:=rc ;:::. ~ -- :::8~ ~ ~~- ~ I 0 I I - ~== £:10: _ :::J-=' i 1- II = ., ~ Z I I ª "'C . .- ~i-- ;:!':: I ~- I -J I ...- ~ 1- .. Lí J nnr '-- J J 10 "« III r ~ I DELRA Y BEACH CITY of DELRAY BEACH I LOCATION MAP I I SEA 1r ALL ENVIRONMENTAL SERVICES DEPARTMENT ~ fa PROJECT 6U 80um SIDftON AVDUI. DIDAT mœ. n.oRIDJ. S3ü4 N I.C.W.W. Approx. 123' (Typ.) EXISllNG Storm Areas of depressions draín in the asphalt (Typ.) , EX/STING ASPHALT TO BE REMOVED AND REPLACED WITH SOD SCALE . . PLAN 0 FEET 20 Exposed tie rods (Typ. ) =L PROPOSED ~ EXISTING 0---- MHW ?",_L__ - j; , y 30" RCP " . '--f-- 1"'11 Approx. I /1 I II bottom I II SECTION A-A SCALE . . 0 FEET 5 SITE 1 . Casu arin a Road CITY of DELRAY BEACH SEA lr AI.J, ENVIRONMENTAL SERVICES DEPARTMENT ~A RECONSTRUCTION 4S& SOUTH SIIN'I'OK j,YINUJ. DILIAY BlACB. rLOBIJ)j, 3SUI PROJECT N Walls are separated PRIVATE ---------- A A PROPOSED SEAWALL SHOWN OFFSET FOR CLARITY I.c.w. . Lowry Street in (Under construction) MHW 10 x PROPOSED PARK BENCH 0 \ '- < SCALE . . 0 FEET 5 ------- !: PRIVATE SECTION A-A SCALE å FEET 1'0 PLAN SITE 2. Lowery Street CITY of DELRAY BEACH SEAWALL ENVIRONMENTAL SERVICES DEPARTMENT ~tl\ RECONSTRUCTION 4M S01J'D( SIIM'lOH A.1INU& DIUtA.Y BIACB. lLOlIIDA. 3U« PROJECT N . '. ' '. : . . " \ ..~' ._:~/:;V:·~}:~:..···~.~;·~/\ \ 4 . ...' . '.' . ..4. PRIVA TE \ ~: , .~" '.:.4 ::--: .~ :".::. ..': .....:. '..:. .': :.~" .:.....:... \'-. '.~ :S~.. fpth:·Str~f. .... 4"~' '.' :.'. :'.::. PROPOSED \.~:.:,-~ _:>:' .~.A..:..~.>~:.. :: ......4~.: :~~.'~~. \ .. i . . ... . ,.' ... .' .>: ::~': \ ~;'::..; :.:. ~ ..~':' :;: ~. :. I.C.W.W. SCALE . , 0 FEET 10 PLAN MHW Poured concrete over riprap ¿pprox. bottom SCALE SCALE . . . . 0 FEET 5 0 FEET 5 SECTION A-A SECTION B-B SITE 3. S.E. 10th Street CITY of DELRAY BEACH I SEAWALL I I RECONSTRUCTION ENVIRONMENTAL SERVICES DEPARTMENT ~~ PROJECT at SOU'l'll nnrI'OH AYINÐI, DIUU.Y mw:ø. rLORlDA S3U& N Private --------------- N.E. 1 st Court 10" -12" discharge pipe C\I ~ PROPOSED SEA WALL SHOWN OFFSET FOR CLARITY I.C. W. w. MHW - 10"-12" Private discharge APpr~ pipe Area recen tl y backfilled bottom with dirt SCALE SCALE . . . . - 0 FEET 10 0 FEET 5 PLAN SECTION A-A SITE 4. N.E. 1 st Cou rt CITY of DELRAY BEACH SEA 11' ALL ENVIRONMENTAL SERVICES DEPARTMENT ~tð RECONSTRUCTION 4M soum SIIN'fOK 'œnJI, DIUAY BIiCII. PLORID'S3U& PROJECT . . N PRIVATE Concrete Block ---------:0-------- -- ------ / brm drain / . (~----- ---- I Y A I . '------ ---- ~ Asphalt has sunk down with holes as much as \ 1 foot deep. to I.C. W. W. \. "- .. r-') x "- 0 '-- \.. ---------- PROPOSED PARK BENCH « .. . MHW '\ ... . '.. ~-l--- - ( ) ~i~... Y 42" RCP ::¡:<" (1. ,':.: . ...... '--- --- " 7~ ---------------- Approx. PRIVATE bottom EXISTING SCALE SCALE . . 0 FEET 10 0 FEET 5 PLAN SECTION A-A SITE 7. N.E. 5th Street CITY of DELRAY BEACH I SEAWALL I I ENVIRONMENTAL SERVICES DEPARTMENT ~ RECONSTRUCTION W 800m SIJNTOH A'fIHUI. DlUtl.y BUCK. PlDBIDA 33444 . PROJECT . I.C. W. W. A rox. 130' N ~ . . .'. " . . ..,~. 4... 41.. "'. '~'" . : . '. '. . '.. ". . . I ~ . ." .e'. ..' .' . . A AI .. .. . .. .. . ....... ,'- .::.. ,":',' '!....:........... :., ...;\........' .. _ ", ....,... 0::: . .: .' :.4"........,/1.... ··.aUCI'l.a.R.oåd·~· '.:. :: .......4_: ...~·4·.·.: < J a.. '. :, .. .: .' .. . '., ·.4." . :.,., '. ~ : .. .. .' " ':,' " .. .4.1 .. . .. .' '. . ð . ...... .",. '>:'¡'.'·:·:'~:~:'''''''··:~'''.''4'··'.·· :..:4·;..4·..·..+ :..·····.4·.;.. "': ,'. '. '. 0 I . ",,' SCALE I . .. ,', A'.'· I . . . .', ".". . 0 FEET 20 I . . . :,':.':., : I PLAN I I EXISTING -1:-~8~ / PROPOSED ,,-- -- - . :.... . \.....l MHW ? - 1\_1___ .. 'I 30" RCP .' . ::1 .:J . "--1--- . I II I II Approx. I /I bottom SCALE . . 0 FEET 5 SECTION A-A SITE 8. Bu cida Road CITY of DELRA Y BEACH SEAWALL ENVIRONMENTAL SERVICES DEPARTMENT ~ft RECONSTRUCTION 434 9IJU1'B SIDftON AVIIfUI, DIL11Y øuœ. PLORlDA 3MU PROJECT ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fJ)t{ SUBJECT: AGENDA ITEM # 9· F· - MEETING OF JANUARY 3 , 1995 PROMOTIONAL TV SPOTS/PUBLIC BROADCASTING SYSTEM DATE: DECEMBER 30, 1994 This is before the Commission to consider a $500 contribution to the Florida League of Cities for their promotion of television spots featuring Florida cities, under a central theme of overall historic interest. The League sees this as opportunity to encourage Florida residents to become more knowledgeable of their municipal govern- ments, their role, their services, and their obligations. The history motif will also complement efforts to recognize the 150 sesquescentennial birthday of the State of Florida. The City's upcoming centennial, the Old School Square project, and our Japanese roots are the sort of content the League is looking to incorporate into the spots. I recommend we express our interest to the League and approve an allocation of $500.00 toward the cost of a tape. Funding is available from Contingencies (Account No. 001-6111-519-99.03). ~6-0 ;ttell1o CITY OF DB.RAY BEAC~t3 TO: David Harden DATE: 12/29/94 -- FROM: Nancy King SUBJ: FLC Promotional TV Spots Sharon Berrian (the contact person for the project) - is out of town until Jan. 3, so I spoke with Kelvin " Robinson the Legislative Director. Based on what he told me, I think we should proceed with it. I mentioned our upcoming centennial, the Old School Square project (and video) and our Japanese roots. He indicated that's the sort of content they're looking for. He said a full spot would c~st us . $500. I'd still like to get more details from ~~Zt"~:.:..:,~_ ~ Sharon Berrian but if it can't wait for the January 17 ðommission meeting, then take it to the meeting on the 3rd. DElRA Y BEACH ~' ·fia''':iÎ mr 1993 · ~ . 1¿{17& '07# FLORIDA LEAGUE OF CITIES, INC. Memorandum ...... r ; ! ~ ; v uEn 2 - TO: All Florida Cities . ,-' 1 1994 FROM: Raymond C. Sittig; DATE: December 23, 1994 SUBJECT: PROMOTIONAL TV SPOTS SYSTEM The Florida Public Broadcasting System has proposed a cooperative program with the Florida League of cities to offer a series of 90 second. spots on PBS stations. The spots can reflect promotional aspects for Florida ci ties under a central theme of overall historic interest. They have proposed to prepare the spots for about $1,000.00 each and distribute them to their PBS network for showing. We feel assured that the spots, if done in a professional and objective manner, will be used by the stations. We view this as another opportunity to encourage Florida citizens to become more knowledgeable of their municipal governments, their role, their services and their obligations. These spots hopefully will compliment other substantial efforts by the League with the school systems to expand students knowledge of city governments. The history motif is planned to also compliment the efforts to recognize our 150 sesquescentennial birthday of the State of Florida in 1995. The League staff will be recommending to the Board of Directors an allocation of $20,000 to develop at least 20 of these cpcts. It has been suggested that the various cities in our state may be willing to participate in this endeavor. Since we are currently unsure of the amount of support among the cities of Florida, we are preliminarily proposing that interested cities contribute 1/2 the cost ($500.00) for those tapes commissioned by the League or if they have a particular project, program or proposal that would have some attractive interest statewide, they might, perhaps commission a full spot for those cities willing to provide the full cost. Further, we may be able to defray some costs if cities currently have on video tape a quality product that may be adapted to a 90 second spot. These spots will be made available to all PBS stations and will be used, at least, throughout 1995. for joint efforts the final sign- off will be something like "this moment in Florida history was brought to you by the City of and the Florida League of cities" (joint logo). 201 West Park Avenue _ P.O. Box 1757 _ Tallahassee, Florida 32302-1757 _ (904) 222-9684 . Suncom 278-5331 , & . . . MEMORANDUM December 22, 1994 Page Two In order to "test the market" we ask for those interested to fax their comments and observations to the League at (904) 222-3806 (Attention: Sharon Berrian) along with some indication of financial support and the name, phone, and fax number for a contact person. We are attempting to put this program together by the middle of January, so your early response will be appreciated. If you have questions relating to this project, please call Sharon Berrian at 1-800-342-8112. RCS:lb . · M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER P?tj SUBJECT: AGENDA ITEM # q.(;. - MEETING OF JANUARY 3. 1995 TEMPORARY USE PERMIT/CHRISTIANS REACHING OUT TO SOCIETY MINISTRIES DATE: DECEMBER 30, 1994 This is before the Commission to consider a temporary use permit for Christians Reaching Out to Society Ministries as outlined in Mr. Barcinski's memorandum. I would like to see us accommodate this group, but I do not feel the Boy Scout Hut area is a good site. Staff will try to have alternate sites for consideration on Tuesday evening. ~ oJ- ~ ~ ~ 5-0 ref:agmemo5 [IT' DF DELIA' IEA[H DELRA Y BEACH f lOR 0 A tr.ed 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000 All-America City , 'III! MEMORANDUM 1993 TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM #96 CITY COMMISSION MEETING JANUARY 3, 1995 APPROVE REQUEST TEMPORARY USE PERMIT - CHRISTIANS REACHING OIlT TO SOCIETY MINISTRIES DATE: December 28, 1994 ACTION City Commission is requested to grant a temporary use permit per LDR, Section 2.4.6 (H)(3), for the purpose of allowing approximately 10 RV's to park on the Boy Scout Hut property from approximately January 27, 1995, through February 10, 1995. BACKGROUND We have received a request from the Christians Reaching Out to Society Ministries on behalf of a volunteer work group called the NOMADS, to allow the group to park their RV's on City property for approximately 3-4 weeks while they are in Delray Beach doing volunteer work. Attached is a letter we received from Kimberly Buyers. The RV's would need water and electric hook-ups, which are not available at this site. I have not been able to identify any other site that might be suitable. RECOMMENDATION Consider the request from Christians Reaching Out to Society Ministries. RAB:kwg Attachment File:g:agenda Doc.:CROS.Min @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS " , 'ð' 4074988593 COBS, Inco P02 SOUTH COUNTY COMMUNITY FOOD PANTRY 600 S. W. 151'11 A VENUE DELRA Y ßt:ACH, t'LORIDA 33444 (401):16-1819 Kimberly Buyen, MSW . Co\.OrdJÞtor December 28, 1994 Mr. Robert Barcinski Assistant City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Barcinski~ I am writing to you in regards to Our telephone conversation yesterday, concerning the NOMADS, a vulunteer group which has requesled to come to our community to work in mission. Let me begin by sharing some general information about our organization and the gl·oup making the requf:st. Christians Reaching Out To Society (CROS Minish'ies) is an ecumenical ministry pl'ogl'am sel'vlng Palm Reach County. One of our Illany prQgrams is the Community Food Pantry located in Uelray Reach. We provide emergency food assistance to families and individuals in need, as well as operate a noon meal program out of Mt. Olive Missionary Bapt.ist. Church, Monday through Friday. We offer a number of volunteer opportunities in our hunger programs throughout the year. Briefly, the NOMADS are an official mission agency of the United Methodist Church Board of GIQbal Missions. This next year would begin the fifth work season for the north central j u risd içtion. This particular jurisdiction will be involved in 47 projects this season from Florida to Califomia. the group which has requested to come to Palm Bçaçh County has led groups in Tampa, Key West and most recently in Miami for the past two seasons wOl'king with the Disaster Response Team of the United Methodist Church. OUl' organization received a request from the NOMADS during the summel' to come to our area to work. The group, consisting primarily of retired carpenters, electricians and teachers travels in RV's to their worksites, Eight couples have requested to come to our area and we are confident that their contribution to our community will be significant. C. R.O.S. Ministries is wilting to underwrite the cost associated with electric and water usage during the groups stay. The RV's will be able to utilize the Cities toin operated pump station for sewage purposes. We are however, without a spaçç for these volunteers to park their vehitles during their stay. We are requesting that the City consider hosting this volunteer group in an area that you would see fit. · --.-- '-.. _. , ," '. -" '- Please contact me at 554·1543 or 833-9499 with any questions or comments that you may have. Thank. you in advance for your consîde.·ation. Sincerely, ~ìivL¡ '7 . (~~V> Kimberly S. Buyel'S · M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i r· II· - MEETING OF JANUARY 3. 1995 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD DATE: DECEMBER 29, 1994 The terms for regular members Joel Port (engineer) , Athalone Brailford (layperson filling the architect position) , and Beril Kruger (businessperson) on the Code Enforcement Board will expire on January 14, 1995. Mr. Port has served two successive terms and is not eligible for reappointment. Ms. Brailford was appointed on April 19, 1994, to fill an unexpired term. She is eligible and would like to be considered for reappointment. Mr. Kruger served as an alternate member from November 1987 to December 1991. He was appointed as a regular member on December 10, 1991, and has served one full term. He, too, is eligible for reappointment and would like to be considered. There is also an outstanding vacancy for an alternate member (real estate position). The term is for three ( 3 ) years, commencing January 15, 1995, and ending January 14, 1998. The qualifications are that, whenever possible, regular and alternate members shall include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. While it is desirable to have such representation, it is not mandatory. All board members must be residents of the City. Attached is the list of applicants, arranged according to category. Please note that we have no applications on file for the engineer position. Again, while it is desirable to have representation from the various disciplines, it is not required. Laypeople may be appointed as deemed appropriate by the City Commission, provided they are residents of the City. Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. None were found. The appointments will be made as follows: Commissioner Alperin (Seat #2) - regular member/engineer (::Jóhnfl ~) Commissioner Ellingsworth (Seat #3) - regular member/architect (í:I. ßßh'JIoÞl; Commissioner Randolph (Seat #4) - regular member/businessperson (ß.K£w¡€.e) Mayor Lynch (Seat #5) - alternate member/real estate posrpon~ Recommend appointment of three regular members and one alternate member to the Code Enforcement Board for terms ending January 14, 1998. ref:agmemo2 · Applications for Code Enforcement Board Regular Member/Engineer No applications on file; layperson may be considered Regular Member/Architect Athalone Brailford (incumbent, layperson) Richard Brautigan Regular Member/Businessperson David Henninger (currently serving as alternate member as layperson) Beril Kruger (incumbent) Stanley Watsky Alternate Member/Real Estate Adele S. King Richard LiCastri Chris Stray Stanley Watsky Additional Applicants/Laypeople Martin Bellsey David Cohen JoAnn Peart Sidney Soloway Anthony Veltri · CODE ENFORCEMENT BOARD Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Tim Onnen p/F pIp pIp pIp Ex/p pIp PIp Ex/P pIp pIp pip P William Stone p NOT REAP OINT' :D John Goodman pIp pIE. pIp PIp pIp Ex/p PIP PIP PIP pIp pIP P Joel Port pIp ~x/P p!p Ex/p Ex/p p/Ex Ex IF;. Ex/E Ex/p PIp pIE E Susan Gracey pIp pIp pIp res gned Richard Eckerle pIp pIp pIp pIp pIp pIp PIp PIP PIE, pIp FilE P Beril Kruger pIp Ex/p pIp pIp pIp pIp PIp PIP PIp E/P pIp P Athalone Brailford app 194 p pIp pIp. E/E ~/P PIp E/E Ell P James Griffis P pIp pIp pIp p/Ex pIp pIp IP/P P/E PIP pip P ALTERNATE David Henninger E/E E/E E/E E/E FiE E I I atten.doc Mr. Port was on vacation during the summer and was excused by the Chairperson. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME ~onp, rJ PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE ~07-.27~-I'SIJ BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING C()d e £nf() rren1pnt- LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Pleas, include dates) . >"- EDUCATIONAL QUAL IFlCATIONS Bn¡#,h -e I/) r lJ ¡ Ii y-/-S c).P9ýee j . 111(1 &/e ý.s d~~ep /n pdUl?d.t/ðn LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD .5fr...k, ()+ ~\ÐY'l·dQ +fS"CH!.h~V-5 C e..rl-~~a~ GIVE YOUR PRESENT, OR MOST !ECENt EMPLOYER, AND POSITION ~ "Çñ{t u.(~ Su~~mpn-bJ DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD \:-1 -J k·· cLa1 . Cl'-l~_ $Ren _=r~ yeQ1".!Jj W;>¡(' l~ WIth Q n S~r\ll~ ve°pJp~, PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGIlEE AND UNDERSTAND THAT ANY MIS~TATEKENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FOlU'ElTURE UPON MY PART OF ANY APPOINTMENT 1 MAY IlECEIVE. ~ ~bffr.;;!' ¡;Y ~~"j¡~ r-,!;r:!9 ¥- S GNATU D TE . AtJaaJoae B. Braillord 3-t5 XorUnrelt Tlaird A yeaue Detray Beach. Placida EDUCATION 1973 -197.f Placida AUaatie Uaiver.ity - lIa.ter. of Iducatioa dearee - Barly CIilldltood Educatioa 1947 - 1951 Placida Alfieultural aad lIeclaaaica1 CoUeae Badaelac of Arta d....ee: lIajac- SociololY lliaOl'- EducatioalPlaYlica1lducatioa 1944 - 1947 Carver RiP 54*001 Bialt ScJaool Diplo.a YOU: IIP.IIMa ..- 1951 - 1959 Poiaciua BIe.eatary ScJaooI.lIoyatoa Beacla 1Ie...tary Sdaool TeacJaer 1960 1961 S.D. Spady l1e.eatary ScIMJoI. Dekay leadt Ble.eatary Sd1001 Teadaer 1961 - 1974 luvllCtioul Te1evuioa.lIoyatoa led ProdllCed aad pre..ted edKatioaal televuioa lelSOU 101' tIae Pal. leacta eo.aty ScMoI Sy.te. 1975 - 1913 S.D. Spady ......tary SdaooI. DeAray leacla ......tary ScIaooI TeacMr 1991 - 1992 IB.. CoI'poratioa. Boca "loa Paalty S.pp.....taI Telled edllCatioullolware; wrote lelt lCeUl'ioe COllllUNIn SDYIa 1914 - to preseat Direclol' 01 tIae Operau.: Save tIae ClWdr.. Tatorial Proara.. Delray leacla CITY OF DELRAY BEACH BOARD MEMBER APPLICATION . NAME 8£'£IL KI< ¿J ~6 Ie.. ? ¡U¡=: /~ S'r: DLTf.-,/¿,{'( Gel/' 3J'/YV HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) ~ "</13 /~ S7: l?,6L-~Y ßc-~ "5:5YVY PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE ~ ~ S- - Lf 9' <¿-3 BUSINESS PHONE ~ ¿; 5-- Y 9"P S ON WHAT BOARDS ARE YOU INTERESTED IN SERVING c: J? Þc..: £",vr-¿;/eCð~c.--.<./ ¡- LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) C¿7ÞE £µ¡=¿;;~cL~G~ EDUCATIONAL QUALIFICATIONS ß6/Î BdS¡PES5 J4¿)~/AJ . ?- 4-- ~ Z6U/I'~¿;' S"ð~/,L/A'~5 "'(/~ / #-Ç r- /6) 'á,ç LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION f'~b-~/¿)~~~ ß Gæ,¿ L K,I!!:.. ¿/ Cl-fE/( , 2ØQ/,,(/¿ ~l}Us"? ¿, ~A/~..u~ tf't.#Vp¿;¡" , / DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD / ¿f/ 1/// ¡'V £ b )µ ÞðV&~""""G;{/I ¿?¡&" eJlti'..? ¡:,u,J...-. ,&,~~ / # e/Y/ // /TT". - /PJ/iJLV¿£¿) /;../ Z-t:v~,..t/~ A~ C!.Ø'/>' V t,7/9,¡C/ r- ¡4¡1/ð ¡?t41,1t/A/B~ A?K.. /¿:J y~ S . PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. /02../9é/ /ATE 4/90 - . . - ~ CITY OF DELaAY BEACH BOARD ~~~ER APPLICATION e SAME 33c¡c¡tj ON LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include daces) ¡J)Ly'ÁhòrÁðJd -;;;/C --- ~t1 h;QrrI ¿,LL/- ~""L.L EDUCATIONAL QUALIFICATIONS r-... -e~~ ~ '-'tA _12 Å <; . a - LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD kl 1U'EaIENCES. Snu.s 0& ØOI/LEJ(¡E WHICH MFY YOU TO SEIlVE ON l'HIS 1 f· I YlP!'I' ~'-1 d~ rId PLEASE AC1I A BIlIIf U:SUIII. 1300 ðf e. ..1-~ ~Z: I HEREBY CERTIFY THAt ALL tiE ~o~~gfáørs ~ Jf'l.:ft. ~r A~l' :(tP.~ UNDElSTAIID THAT AllY MlSS'UTEIIDIT or IlATUIAL FACTS COIITAtNED tN TIltS APPLtCA- f-27r~ TION KAY CAUSE FORlEITUII UPO. OF ANY APPOI~ I KAY RECEIVE. ~~ . 6 ~f/9 2- 4/90 . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: GJt-CITY MANAGER SUBJECT: ¥' AGENDA ITEM # q:r.. - MEETING OF JANUARY 3, 1995 EMERGENCY REPAIR SERVICE/MOLLOY BROTHERS, INC. DATE: DECEMBER 30, 1994 This is before the Commission to consider an emergency purchase order to Molloy Brothers, Inc. in the amount of $14,664.00 for repair of broken sewer main on Casa Way in the Lago DelRay subdivision west of Homewood Boulevard. The broken main is approximately 15 feet deep and has caused a sinkhole in the roadway at 2754 Casa Way. Funding is available from Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). Recommend approval of emergency purchase order to Molloy Brothers, Inc. for repair of broken sewer main on Casa Way. ~5-0 · Agenda Item No. '1.I' AGENDA REOUEST Date: 12/30/94 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: 01/03/95 Description of item (who, what, where, how much) : Staff requests Commission approval of an emergency purchase order to Molloy Brothers, Inc. in the amount of $14,664.00 for emergency repair of a broken sewer main on Casa Way in the Lago DelRey subdivision west of Homewood Blvd. The broken main is approximately 15 feet deep and has caused a sinkhole in the roadway at 2754 Casa Way. Funding for this repair is from R&R Account #442-5178-536-61.84, Manhole Rehab. ORDINANCE/RESOLUTION REQUIRED: JJß/NO DRAFT ATTACHED JJß/NO Recommendation: Staff recommends 1 of emergency purchase order to Molloy Bros. for $14,664.00. DEPARTMENT HEAD SIGNATURE: Determination of consistency with comprehensive Plan: city Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives (if applicable) Account No. , Description Account Balance City Manager Review: Approved for agenda: ~/NO zr;vl Hold until: ! Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden City Manager ~~ FROM: Richard C. Hasko, P.E. ~ Deputy Director of Public utilities SUBJECT: EMERGENCY SEWER REPAIR 2754 CASA WAY ( LAGO DELREY II) DATE: December 30, 1994 Attached is an agenda request and quotes from three contractors for repair of a broken sewer main on Cas a Way in the Lago DelRey II subdivision west of Homewood Blvd. The broken main is approximately 15 feet deep and has caused a sink hole in the roadway at the subject location. Since utilities Department is not equipped to handle repairs of lines as deep as this, quotes were solicited from contractors as follows: Molloy Brothers, Inc. $14,664.00 Olympic Industries 26,500.00 Ric-Man 32,084.91 On the basis of your verbal authorization, we will direct Molloy Brothers to proceed with the emergency repair with follow-up Commission action at the January 3 regular meeting. Funding will be from R&R Account #442-5178-536-61.84, Manhole Rehab. RCH: jem c: William H. Greenwood, Director of ESD Jackie Rooney, Buyer f: Memos T/F City Manager .11/ ::::0/.1 '394 02:23 3057929381000000 r,'[ILL[I\..··, '.";"\ F'AI;E 01 MOllOY BROS., INC. 800 N.W. 27TH AVE. FT. LAUD. FLA. 33311 City Of De/ray Beach Envlromental Sêrvlce Dépt. 434 S. Swinton Ave. Oelray Beach Fla. 33444 Att: Mike Offy Dear Mike. Per your request we submit the following prices to repair brokén sewer line locatéd in the Homew Lakes section. The prices are based on our mastêr contract for s~wer rep<Jirs with the city of Ft. Lauderdale, if yc have trouble under standing the bid items or hav~ any questions please don't hesitate to call me ; (30~) 792-9380. Contract Items Quantity Unit Tot31 Price Cost 1 A.. MObilize & Demobjfize 1 $ 800.00 $ 800.00 2A. Well Point System , $ 1,000.00 $ 1 ,000.00 3. By Pass Pump 1 $ 500.00 S 500.00 4A. Replace Sanitary Sewer 8" or 10" 30' Lenght Maximum b. Elevation 0.0 to - 2.0 , $ 10.300.00 $ 10,300.00 4C. Add Cost for GroUnd Elevation Above 6.15' c Elevation 10.0 and over 30 $ 1000 $ 300.00 7A. Replace Lateral , 11. 12" Limerock Base 98 $ 12.00 $ 1,176.00 12.1.5" Asphalt 98 $ 6.00 $ 588.00 Total This Job $ 14,664.00 , Upon YOLJr review and approval please take the necessary steps to incorporate by change order. Thank You. Yours Truly Thomas W. Molloy President --- ...~............. ·PIPE-LINER 'NS~L\i..¡ i:~RS 25',51 N\v 15t11 COl~r~t. , .' P<ianpallo Beac~i), FL. :3:~3()69 , . , 305-979-0028 ~ FAX ~305-9"'¡9-784:3 I1h.'\te:I~þ9 /9~ . · '.:' .:. -.----- , Lfo 1- eO.:~_..,gé:._~£e.d)G:'_~-- to Fa'Gda:..?~¿, ALL . .. I? ¡- T· . . ':" , ' .... .,.., .,' .' ::..~'. ·.·n.·~~~L~__~~.L_.___~ I::~,;\ .ltne1*___ ~,ÙJ?j ~<!~: .t2J...ø. .:. k/ ¿ i. :!.. ....Irt>-:..¥ 3ð'.(!.. _ 4f !:-])..:., -- . ::: ,;-'!,/.;:."', ~. t· ·i~.f't ¡', . ' . :.-", ',r¡¿ ,.', , '~'~" ··tl!,·:,·..·, : ' M.eJ~.:s:ði.ê: ;OÆO~¿SA¿' ,/h1¿JV;1.// . ¡, ,I ~ ... '''''' # d ~J ,,::JÛð. ð~ ~ -- .... ,I . , '., J:¿,9f / '. R // /,C / D£¿ P . ~. \ -- Pe."aA/~ (!ðLnsr'E.D ;J/"",.o¿ ',' ..~,' " " . ; 'StQ;n~~:.Þ~3_ffi~~ _ __-'-_ .. " ~.., , .~""... \ ~ f," .. ' ' ·'T·'HI'S FAX4Ú:::"ONTA'NS_~_PAGES IN(:·lJ)t)lNG (,;OVER: pc; '7::- '[ ~,-::' . ." -;'; ',: DEC-2'3-1 ';3';34 14: 4C) FF'Ot'l F'I C-t'lHtj I tn' l_ TI] 14CJ724370t,[1 F'. [12 to . Fd~ þ(1.JJt?V 01 j)¡)VV JlcktJ¿ (, A#Y/: '1J(; PRQPOSAL Að1~ z43 .. RYC-MAN INT~RNATIONAL, INC. 1851 N. POWERLINE ROAD POMPANO BEACH, FL 33069 (305) 42&-1042 FAX (305) 42&-0717 PAGE: ,1 OF 1 ------------------------~---------------------------------------¡--------------------------- TO: CITY OF DELRAY PUBLIC UTILITIES ADDRESS: CITY: CITY OF DEL RAY STATE: Florida ZIP: ~--------~~--~------------------------~--------~-----------~-----~----------------~--------~- PROJECT: EMERGENCY LJNE REPAIR AT 2754 CASA WAY PATE: 12/29/'34 DATE WE CAN START: TUE 1/3/95 (If notified by 12/30/94 AM> ===~~==~========~:~~~=====;-~~~======-~=~~=====~~==~~====-~~:~~;==~~-~~======~~=======;;=~== QUANTITY WE ARE PLEAsED TO QUOTE THE: FOLLOWING ITEMS P fH CE UNIT TOTAL ~~=:=====-~~~~~====--~=~~~=======:~==~=====-==~~====~--~~~=====-;%~~~===;_~=~~~====M2=~===== 5 38 I FLAT BED HID LOW BOY I 80. 00 I HR I .3, 040. 00 & I 42 I FRONT END LQADER, 2CY CAPACITY .1 5&.00 I HR I '2,352.00 9 I 42 I BACKHOE 1-1/2 CY I 117.00 I H~ I 4,914.00 12 I 9& I DEWATERINS1EGUIPMENT (PUMP,PIPING & ACC) I 44.00 I HR ] 4,224.00 B3 I 30 I 5 PERSON PIPE REPAIR CREW I 1&8.15 I HR I 5,0&2.50 Ml I 1 I Bit PVC PIPE AND COUPLINGS I 250.00 I LS I 250.00 M2 I 97 I FURN & DEL: 12'1 LIMEROCI< .BASE I 7.65 I TNSI 743.58 3 I &0 I ROLLER FOR¡LtMEROCK & ASPHALT I 28.00 I 1NSI 1,&80.00 -4 I 20 I BOX BLADE BROOM TRACTOR I 29.00 I iNS I 580.00 M3 I ~ I TYPE S-tlIASPHALT I &0.00 I iNS I 510.00 C2 I 20 I 4 PERSON ROAD REPAIR CREW I 175.00 I HR ¡ 3,500.00 I 51 I 1 I MAINTENANCE QF TRAFFIC I 800.00 LS I 800.00 El I 40 I 3" PUMP I 20.00 HR t 800.00 M4 I 20 I STONE BEDDING I C7.é5 I TNSI lq3.00 52 I 3 I LANDSCAPE BU~~ES I 65.00 I EA I 1~5,00 S3 I 83 I FLORATAM SOD I 2.B<:I I 81( I 240.83 a1 I 20 I 3 PERSON PIPE REPAIR CREW I 125.00 I HR I 2,500.00 XX I 1 I MISCELLANEÒUS PLUGS, TOOLS, ETC. I 500.00 t LS I 500.00 1 I I I I I ,I I , ¡SUPPLY PIPE & COUPLINGS, RECONNECT EXISTING MAIN LINES, SLaCK' SEWER ~LOW 14 HRS. OR LESS, & IN~TALL ROAD ROCK, ASPHALT, SOD, TRAFF¡C CONTROL, IRRIGATION ISPRINKLËR DAMAGE & ANY OTHER PROPERTY DAMAG~ (DE-WATER TO LAKE) I I --------~-------------ï-~------------------------------------------------------------------- WE PROPOSE h~reby to fur~ish ~aterial & labor - ~o.pl~te in ~ccordance with above specifications for the lul................ ... II.............,................ fl...................,." S32, 084. 91 Authorised signature Rene L. Castillo -----~---------~--~------------~------------------------~-----------------------~------------ All material is gua~anteed to be as specified. All work will be ~9~pleted in a w~rk~anlike .anner in a~cordance with standard practices. Any alteratiQn~ or revis~ìons inYolvin~ @~trð costs will become an eKtra charge OVér and above this propo~al. All agreements ~onting@nt ~PQn delays beyond our control. No prices taken out of context will be honQy'~d. Any contaminat@d .aterial encountered requiring special disposal will require a s@perate agr~pœ@nt TOT(iL P. ø:;:' ~ 0 Òü ~o::: Q) 1'1 + LJ Q) Q) -< ~ ~ ^~ ~ u 'U, "m",m"umn'"m"umm" mummu,muummm"n'm,muummn u'mnum' N (.N n nn n (J1 ()1 N ..þ.. ()1 --" (.N ()) I N~ ..þ.. < CO (J)..þ.. (j) (j) (f)~..þ.. (.N r -1 LJ » :> » z ..þ.. ::::0 (Jl o --" I (T1 --" Q) + I --" : CO I N8 Þ (j) ^ 0- c;" f1l -.~) (J1 r. 0 <.D ~}g ~ I _m,_mu_uu_nn 0 - ~ ~ <..N (Jl (Jl --" --" Q) I ~EA TION AREA ~ ()l L .J--ôJ CO N L ---<:: CO -0 ,mm.UU.__nmu.mU NumuuC'y N ~ »~ » = ~ --u -þ _ :::D to Q) 0 D E L~ y N~ 340' - 8"SAN GNOO 19 æ : d:)^ ,,9 - (G ~ h"\ t-.. ) 1'-' CN ~ - - 6" F. M. t-1 oMeïWOOD ~~ þ. --t:::::- L.. · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Pï1. SUBJECT: AGENDA ITEM i/O. A· - MEETING OF JANUARY 3, 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 98-94 STUDENT MEMBERS ON THE EDUCATION BOARD DATE: DECEMBER 29, 1994 This is second reading and public hearing for Ordinance No. 98-94 which amends Section 32.26, IIComposition; Appointment; Terms", of the City Code to provide for two student members on the Education Board, and Section 32.28, IIQualifications of Members II , to provide for the qualifications of student members. Visions 2005 recommended the addition of voting student members to the Education Board. The proposed ordinance would allow two students between the ages of 13-18 to serve on the committee. Students are required to be Delray Beach residents or attend Delray Beach schools. Terms of office were established to coincide with the school year. The Education Board unanimously recommends approval. At first reading on December 6, 1994, the City Commission unanimously passed the ordinance. Recommend approval of Ordinance No. 98-94 on second and final reading. ~ 5-0 ref:agmem03 , I ORDINANCE NO. 98-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, II DEPARTMENTS, BOARDS, AND COMMISSIONS ", SUBHEADING "EDUCATION BOARD II , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 32.26, "COMPOSITION; APPOINTMENT; TERMS", TO PROVIDE FOR TWO STUDENT MEMBERS ON THE EDUCATION BOARD; AMENDING SECTION 32.28, II QUALIFICATIONS OF MEMBERS II , TO PROVIDE FOR THE QUALIFICATIONS OF STUDENT MEMBERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to amend the composition of the Delray Beach Education Board by adding student member representation to the advisory body. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 32, II Departments, Boards, and Commissions II, Subheading "Education Board", I Section 32.26, IIComposi tion; Appointment; Terms II , of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is I hereby amended to read as follows: I Section 32.26 COMPOSITION; APPOINTMENT; TERMS. The Education Board shall be composed of ~øýøJ'1 1.71 nine (9) regular members, two of which shall be student members. Seven (7 ) reqular members shall be appointed by the City Commission for terms of two (2) years, except that the members of the first Board to serve shall be appointed so that three (3 ) members shall serve one (1) year terms, and four (4) members shall serve two (2) year terms. Their successors shall be appointed to two (2 ) year terms. It is further provided that no member may serve more than two successive terms on this board. Two (2 ) student members shall be appointed by the City Commission for a one (1) year term and a two (2 ) year term, respectively. except that the first student members ap~ointed shall serve as follows: One (1) year term endinq July 31. 1995: two (2 ) year term endinq July 31. 1996. Their successors shall be a'Dpointed thereafter to full one and two year terms. No student member may serve more than one term. I ¡ I r I Section 2 . That Title III, "Administration", Chapter 32, "Departments, Boards, and Commissions II, Subheading "Education Board", Section 32.28, "Qualifications of Members", of the Code. of Ordinances of the City of De1ray Beach, Florida, be, and the same is hereby amended to read as follows: Section 32.28 QUALIFICATIONS OF MEMBERS. It is the intent, if possible, that the membership of the Education Board shall include members who have a background in business, real estate, and/or education. The members of the Education Board shall be residents of the City of De1ray Beach or shall be a person with a child or children attending De1ray Beach public schools, or shall own property in the city and/or own or operate a business within the city. Should a member of the Education Board not be a resident of the City of De1ray Beach, or a property owner and/or the owner/operator of a business within the city, and should that member's child or children cease attending De1ray Beach public schools, then such member shall no longer be qualified to serve on the board. The student members shall be residents of the City of De1ray Beach or attend De1ray Beach public schools. 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. I Section 4. That all ordinances or parts of ordinances which I are in conflict herewith are hereby repealed. 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 3rd day of Jan~ ~ ~ I AT"ST: j¡¡!It ~ MAY Z· 11Mn~1'~ ~ ()¡ ¡ ity Cl rk First Reading December 6, 1994 I Second Reading January 3, 1995 I - 2 - Ord. No. 98-94 I ¡ I '. : M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERl1f1 SUBJECT: AGENDA ITEM i IO·~·- MEETING OF JANUARY 3. 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 99-94/CODE ENFORCEMENT DATE: DECEMBER 29, 1994 This is second reading and public hearing for Ordinance No. 99-94 which amends Chapter 37, "Delray Beach Code Enforcement", of the City Code to bring it into conformance with Florida Statutes Chapter 162 as amended by the State Legislature during the 1994 session. An overview of the changes is provided in the staff documentation. At first reading on December 6, 1994, the City Commission unanimously passed the ordinance. Recommend approval of Ordinance No. 99-94 on second and final reading. p~ 5-0 ref:agmem04 " '. oK MEMORANDUM UJ1. TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~ RE: PROPOSED ORDINANCE IMPLEMENTING CHANGES UNDBR STATUTE VS 162 AFFECTING THE CITY'S CODE ENFORCEMENT ACTIVITIES DATE: DECEMBER 2, 1994 ITEM BEVORE THE COHNISSION: Consideration of adopting the proposed Ordinance No.99-9~amending Chapter 37 of the City Code of Ordinance, governing Delray Beach Code Enforcement. BACKGROUND: The Florida State Legislature adopted new rules during their 1994 session under Florida Statutes Chapter 162 and enacted by Chapter 94-291, Laws of Florida. There are several benefits to the City with the adoption of this ordinance. Some of these benefits are: - Greater discretion by the City when a violation presents a serious threat to the public health, safety and welfare. Provides for the Code Officer to make a reasonable effort to notify the violator and may immediately cause a hearing before the board. - A Code Officer may issue a citation immediately in the case of a repeat violator and not allow reasonable time to correct the violation. - Eliminates the requirement of advertising all notices, saving the City approximately $10,000 per year. Allows us to post notices for 10 days, instead on two locations, one of which must be on the property, the other in City Hall. - Entitles the City the right to collect all administrative costs incurred in prosecuting the case before the board, if the City prevails. - Entitles the City the right to collect all costs incurred in the recording of and filing a satisfaction of a valid lien. RECOMMENDATION: Staff is recommending City Commission adoption of Ordinance No. amending Chapter 37 of the Code of Ordinances to comport with amendments to FS Chapter 162 as enacted by Chapter 94-291 Laws of . Florida. .A _ ,../},tt ð s7 ~"'-I LB:DQ f~ .5 /J~b/94 DQ3 CEOrd.LB /d. ~. I~ Iø 6fev-k - RECEIVED NOV 2 1 1994 [ITV DF DELRAY BERCH CITY Mf' I - ~ -:-"',,, .. : f1FF /('(. 'J'-. CITY ATTORNEY'S OFFICE 300 W ATLANTIC AVENUE' DELRA Y BEACH, FLORIDA 33444 TELEPHONE 407/243-7823 . FACSIMILE 407/243-7816 POLICE LEGAL ADVISOR MBMORANDUM TO: David Harden, City Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: November 16, 1994 SUBJECT: Code Enforcement Ordinance ======================================================================== Attached for your review is a copy of the ordinance making revisions to Chapter 37 of the Code of Ordinances. The ordinance has been reviewed by the City Attorney's Office and Community Improvement Director Lula Butler and was approved by both parties. In sum, what the ordinance will do is bring Chapter 37 into conformance with F.S. 162 in granting our Code Enforcement Division greater power and discretion in dealing with code enforcement violations especially with violations that pose a serious threat to the health, welfare or safety of the community. If you find the ordinance acceptable, please place the ordinance on the agenda for commission approval. Please feel free to contact me if I can be of further assistance in this matter. EDH/lbg I~ ¡! r ,-I c: Susan Ruby, City Attorney Lula Butler, Director of community Improvement I I ORDINANCE NO. 99-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, II DELRAY BEACH CODE ENFORCEMENTII, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 37.03, IIDEFINITIONSII, TO PROVIDE FOR POSTING NOTICES; AMENDING SECTION 37.36, II INITIATION OF ENFORCEMENT PROCEDURES II , BY AMENDING SUBSECTIONS 37.36(C) AND 37.36(E), TO PROVIDE FOR AN IMMEDIATE HEARING AND IMMEDIATE ISSUANCE OF A CITATION FOR REPEAT VIOLATIONS; BY AMENDING SECTION 37.39, IICONFLICT OF INTEREST; HEARING PROCEDURES II , BY ENACTING A NEW SUBSECTION 37.39(J), TO PROVIDE FOR RECOVERY OF COSTS; AMENDING SECTION 37.40, IISUBPOENA POWERS AND PROCEDURES", TO ALLOW FOR A METHOD OF ALTERNATIVE SERVICE AND FOR AN INCREASED FEE; AMENDING SECTION 37.41, "DECISIONS AND ENFORCEMENT ORDERS" , BY AMENDING SUBSECTION 37.41(F), TO PROVIDE FOR THE RECORDING OF BOARD ORDERS; AMENDING SECTION 37.42, "FINES FOR NONCOMPLIANCE WITH ORDERS II , BY AMENDING SUBSECTIONS 37.42(A) AND 37.42(B), TO PROVIDE FOR REVISED NOTICE REQUIREMENTS FOR REPEAT VIOLATORS, AUTHORIZING THE CITY TO MAKE REPAIRS AND ASSESS THE COST OF REPAIRS, AND AUTHORIZING THE CITY TO COLLECT RECORDING COSTS AND COSTS FOR FILING SATISFACTION OF LIENS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to amend Chapter 37 of the Code of Ordinances to comport with recent amendments to Florida Statutes Chapter 162 as enacted by Chapter 94-291, Laws of Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 37, IIDelray Beach Code Enforcement II, Section 37.03, IIDefinitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by amending the definition of II Notice II or IIWritten Notificationll, to read as follows: II NOTICE II or IIWRITTEN NOTIFICATION. II Notice shall be provided .t.Q the alleged violator by certified mail, return receipt requested, by hand ¡ delivery, by the Sheriff or other Law Enforcement I Officer, Code Inspector or other person designated by the local governing body; by leaving notice in the violator's usual place of residence with any person I I residing therein who is above the age of 15 years of age and informing such person of the contents of a notice or at the option of the Code Enforcement Board by publication pursuant to F.S. Section 162.12(2) . In lieu of publication. such notice may he posted for at least ten (10) days in at least two locations. one of which shall he the property upon which the violation is alleqed to exist and the other of which shall be at City Hall. I I I Section 2. That Chapter 37, "Delray Beach Code Enforcement", Section 37.36, II Ini tiation of Enforcement Procedures", of the Code of Ordinances of theCi ty of Delray Beach, Florida, be, and the same is hereby amended by amending Subsections 37.36(C) and 37.36(E) to read as follows: (C) If the Code Enforcement Officer has reason to believe a violation or the condition causinq the violation presents a serious threat to the public health, safety, and welfare, he shall make a reasonable effort to notify the violator and may immediately notify the Board and request a hearing. (E) If a repeat violation is found, the Code Enforcement Officer shall notify the violator but is not required to give the violator a reasonable time to correct the violation. and may immediately issue a citation. The Code Enforcement Officer, upon notifying the violator of a repeat violation, shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board, through its clerical staff, shall schedule a hearing and shall provide written notification to the violator. The case may be presented to the Code Enforcement Board even if a repeat violation has been corrected prior to the Board's hearing and the notice shall so indicate. Section 3. That Chapter 37, "Delray Beach Code Enforcement", Section 37.39, "Conflict of Interest¡ Hearing Procedures", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Subsection 37.39(J) to read as follows: ..Lil If the City prevails in prosecuting a case before the Code Enforcement Board. it shall be entitled to recover all costs incurred in prosecuting the case before the board. - 2 - Ord. No. 99-94 1 Section 4. That Chapter 37, "Del ray Beach Code Enforcement", Section 37.40, "Subpoena Powers and Procedures", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 37.40 SUBPOENA POWERS AND PROCEDURES. The City, the Code Enforcement Board, or the alleged violator may request that witnesses, records ¡ (including surveys, plats, and other materials), and other evidence be subpoenaed to any formal hearing. Subpoenas _~,~~ ~ be served by officers of the City ! Police Department or other persons designated by the ~. The Chairperson of the Board shall provide the Clerk of the Board with sufficient signed and blank witness subpoenas to be provided to alleged violators and the City for the purpose of subpoenaing witnesses, records, and other evidence. The alleged violator shall pay to the City a fee of $1¡/~~ 822.00 for each subpoena issued. Section 5. That Chapter 37, "Delray Beach Code Enforcement", Section 37.41, "Decisions and Enforcement Orders", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by amending Subsection 37.41(F) to read as follows: (F) A Ø~ertified copy of a Code Enforcement Board order ,~,~): ~ be recorded in the public' I records of the county and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property and the finding therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. rf an order is recorded in the I public records of Palm Beach County pursuant to this I ~týt_tø~ subsection and the order is complied with by I the date specified in the order, the Code Enforcement Board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing tøt before the Code Enforcement Board is not required to issue a Board order acknowledging compliance. - 3 - Ord. No. 99-94 I I I I \ I I 1 Section 6. That Chapter 37, "Del ray Beach Code I Enforcement", Section 37.42, "Fines For Noncompliance With Orders", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by amending Subsections 37.42(A) and I 37.42(B) to read as follows: I (A) The Code Enforcement Board, upon I notification by the Code Enforcement Board Officer that an order of the Board has not been complied with I by the set time or, upon finding that a repeat I violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the Enforcement Board for compliance or in the case of a repeat violation, for each date a repeat violation continues ¡i";~ /~\(; /~,,~; /øf. /J'iø~;t¢; /~Ø /~\(; ý;tØ¡"~øt/øf./~~;/t;¡i;_~/ý;tØ¡,,t;tø~ be9innin9 with the date the repeat violation is found to have occurred by the code inspector. After the finding of a violation or repeat violation has been made as I provided in this part, a hearing shall not be I I necessary for the issuance for the order imposing the I fine. A fine imposed pursuant to this section shall ¡ not exceed $250.00 per day for the first violation and shall not exceed $500.00 per day for a repeat í violation. In addition, if the violation is a violation described in Section 37.36(C). the Board shall notify the City which may make all reasonable repairs which are required to brin9 the property into' compliance and charge the violator with the reasonable cost of the repairs alon9 with the fine imposed. (B) A certified copy of an order imposing a fine may be recorded in the public records and I thereafter shall constitute a lien against the property upon which the violation exists and upon any I other real or personal property owned by the ! violator. A lien arisin9 from a fine imposed pursuant to this section runs in favor of the City and the City may execute a satisfaction or release of lien entered pursuant to this section. The City shall be entitled to collect all costs incurred in the recordin9 of and filin9 a satisfaction of a valid lien. Upon petition to the circuit court, such order I may be enforced in the same manner as a court \ judgment by the sheriffs of this state, including I i I - 4 - Ord. No. 99-94 i I · . ~ \ levy against the personal property, but shall not be I deemed to be court judgment except for enforcement purposes. Section 7. 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 I whole or part thereof other than the part declared to be invalid. I Section 8. That all ordinances or parts of ordinances which I are in conflict herewith are hereby repealed. Section 9. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the 3rd day of January , 1995. ~ - MAY ATTEST: o 11L.ðTJ'f"f/1"" k1tr J./oïfFr ity Cl k First Reading December 6, 1994 I I Second Reading January 3, 1995 i i - 5 - Ord. No. 99-94 I ¡ I t I or< tM [ITY DF DELRAY BEA[H FIRE DEPARTMENT SERVING DELRAY BEACH . GULF STREAM . HIGHLAND BEACH DELRA Y BEACH poo~dL ISí~ f L 0 . I D ... , lire ( (~/l.~ ~) C~ ~vU- ~MORANDUM TO: DAVID T. HARDEN, CITY MANAGER ~ c.~ þ> IJI7/9S- FROM: ROBERT B. REHR, FIRE CIllEF DATE: DECEMBER 28, 1994 SUBJECT: AGENDA REQUEST ITEM FOR JANUARY 3RD COMMISSION MEETING On December 20, 1994, the Palm Beach County Commission awarded the City of Delray Beach the Class "B" Certificate of Public Convenience and Necessity to provide Advanced Life Support (ALS) and Basic Life Support (BLS) patient transportation. Ordinance 95- establishes a fee schedule for Advanced Life Support and Basic Life Support transportation and eliminates the current charges for emergency medical fees. The proposed fee schedule for transportation service is as follows: Advanced Life Support $275.00 Basic Life Support $205.00 Mileage Fee $5.00/mile The oxygen charge of twenty two dollars ($22.00) has been eliminated based on current changes in the Medicare covered services. The basic transport fee has been increased to compensate for the oxygen fee. Medicare as of January 1, 1995, will not allow the oxygen charge to be itemized. The oxygen fee must be part of the basic transport fee. Medicare will adjust the basic transport allowable rate to compensate for the oxygen charges. The ordinance also designates the Fire Department as the Advanced Life Support provider within the City ofDelray Beach. RObe~~ Fire Chief 1tP.·A . FIRE DEPARTMENT HEADOUARTERS · 501 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 407/243-7400. SUNCOM 928-7400. FAX 407/243-7461 Printed on Recyled Paper ORDINANCE NO. 5-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, II FIRE SAFETY AND EMERGENCY SERVICES", SUBHEADING II EMERGENCY MEDICAL SERVICES" , SECTION 96.65, "DEFINITIONS", TO PROVIDE FOR REVISED DEFINITIONS FOR THE TERMS II BASIC LIFE SUPPORT SERVICES II AND II ADVANCED LIFE SUPPORT II ; REPEALING SECTUIB 96.66, IIEMERGENCY MEDICAL SERVICES; FEES"; ENACTING A NEW SECTION 96.66, II EMERGENCY MEDICAL TRANSPORTATION FEESII, TO PROVIDE FOR FEES FOR EMERGENCY MEDICAL TRANSPORTATION, AND FOR ANNUAL ADJUSTMENTS PURSUANT TO THE INFLATION INDEX CHARGE; REPEALING SECTION 96.67, IIBILLING AND COLLECTION OF EMERGENCY MEDICAL SERVICE FEES; COSTS AND ATTORNEYS' FEES II ; ENACTING A NEW SECTION 96.67, II COLLECTION OF EMERGENCY MEDICAL SERVICE FEES II , TO PROVIDE FOR A METHOD FOR COLLECTION OF EMERGENCY MEDICAL SERVICE FEES; ENACTING A NEW SECTION 96.68, II EMERGENCY MEDICAL SERVICES AND ADVANCED LIFE SUPPORT PROVIDER", TO DESIGNATE THE CITY OF DELRAY BEACH FIRE DEPARTMENT AS THE PROVIDER FOR ADVANCED LIFE SUPPORT AND EMERGENCY MEDICAL SERVICES WITHIN THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to maintain the high level of emergency medical services currently provided to the residents of the City of Delray Beach by the Fire Department of the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray Beach has determined that in order to continue the level of emergency medical services currently enjoyed by the citizens of the City of Delray Beach that emergency transportation services should be provided for Advanced Life Support patients, and Basic Life Support patients; and WHEREAS, the City Commission of the City of Delray Beach is desirous of implementing a fee structure for emergency medical transportation for Advanced Life Support patients and Basic Life Support patients; and WHEREAS, the City Commission of the City of Delray Beach has also expressed its intent that patient care is of primary concern and I that an individual's ability to pay the fees shall not affect the quality of the care rendered; and I WHEREAS, the City Commission of the City of Delray Beach, i Florida, is desirous for the Fire Department to provide advanced life support and all manner of emergency medical services and transportation in and for the City of Delray Beach, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title IX, "General Regulations", Chapter 96, "Fire Safety and Emergency Services", Subheading II Emergency Medical Services II, Section 96.65, "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 96.65 DEFINITIONS. For the purposes of this subchapter, the following definitions shall apply: 1~'I Y~Ø~f~¡~~~~~~////~~~¡~////~¡f~////~~"Ø~1////~~~Y¡~~~Y¡ )fØ1if}6;l;l;l:;{}6~¢ /}6;{¢;l¢ /~;lf.¢ /¢14i1i1øtt /¢¢tý;l¢¢¢ /;{t¢ /tþ{¢ /¢¢¢trA¢1i¢ý /¢¢çi;l¢;{~ ¢¢tý;l¢¢¢/iltØý;lçi¢çi/}6ý/tÞ{¢/~;ltý'¢/f;lt¢/Ø¢iI;{tt¢Ø1it/~Þ{;l¢Þ{/;l1i¢~14çiØ/iI;{t;lØ~t øÝ;{~14;{t;lØ~ /¢¢tý;l¢¢¢1 /}614t /çiø /~øt /t¢~14;lt¢ /;{çi¢;lJ'i;l¢tt;{t¡Lø~ /øf. /tt¢;{t¢¢~t øøtý¡L¢¢¢ /øt /)4¢¢ /øf. /¢Ø1i¢)4p1;{}6~¢ /øt /çi¡L¢ilØØ;{}6~Ø /Ø)4i1i1~;lØØ¡ / /~ØJ'if}6¡L~~;{ì>~¢ ¢;{~~¢ /~ø)4~çi /;l1i¢~)4çi¢1 /}6)4t /J'iøt /}6ø /~;l¢;lt¢çi /tØI /;{¢¢¢¢¢¢¢J'it /f.øt /¢Ø¢¢øJ'i p1¢çi;l¢¡i~ /¢Ø¢iI~¡i;lJ'it¢ / l¢Øt¢ /tþ{tØ¡it¢1 /f.øý¢tl /þ{ø¡içi¡i¢þ{¢¢ /¡iJ'içi /øtÞ{¢t /¢Ø¢¢Ø~ J'iØJ'if ~;lf. ¢ /tþ{t¢¡it¢1i;lJ'irA /¡i;l~p1Ø1it¢ 'I' / ¡i¢ ¢;l¢t;l~rA / Y~¡i~¢t¢ /~¢tY / ¡i~çi / Yþ1¢ý¢t¢ ~¢tY /iI¡it;l¢J'it¢ /tþ{¡it /çiø /1iøt /t¢~)4;lt¢ /,¡it¡i¢Øçi;l¢ /¡i¢¢Ø¢iI¡iJ'i;l¢¢1it /tø /¡i ttØ;{t¢Ø1it/f.;{¢;l~;ltý'/¢Øçi;l¢;{~/;{~¡it¢/;{1içi/~~~/Þ{;{~rAf)4i1/;l~ý¢¢t;lrA¡it;lØ~¢'/¡i~çi ¢¡i¢ØØ/;l1iýØ~ý;l~rA/iI;{t;l¢~t/¡i¢¢ø¢¢¢Ø1it/~;ltþ{/ttØ;{t¢Ø1it/tøf.14¢;{~¡ I iAl 1~'I "BASIC LIFE SUPPORT SERVICES II . Basic life support services include the provision of treatment servicesl /øt /tþ{ø /)4¢ø /øf. I ¢øJ'i¢)4p1;{}6~Ø/Øt/çi;l¢ilØ¢¡i}6~¢/¢)4i1i1~;lØ¢/~Þ{;l¢þ{/çiØ/1iØt/t;l¢Ø/tØ/tþ{¢/~øý¢~/øf. I tÞ{¢/iltØý;l¢;lØ1i/Øf./;{çiý;{1i¢¢çi/~;lf.¢/¢)4i1i1øtt/¢¢tý;l¢Ø¢¡//~;{¢;l¢/~;lf.Ø/¢)4i1~øtt ØØtý;l¢ØØ /;{t¢ /ØØtý;l¢ØØ rendered to patients which do not require invasive techniques, which include, but are not limited to, simple bandaging, minor splinting and simple immobilization. and may include trans~ortation to a hospital by the Delray Beach Fire Department. I I I - 2 - Ord. No. 5-95 I I I ¡ , ill trtJ II ADVANCED LIFE SUPPORT SERVICES II . Advanced life support services are those types of patient treatment services which require advanced medical therapy, including, but not limited to: electrocardiographic monitoring; use of external pacemakers; defibrillation; intravenous therapy; medication administration; cardiopulmonary resuscitation; endotracheal intubation; ØfiØpti~qØ~~ ;lJit14J6¡¡ítt9SJil /pSJi¢14¢¡¡ítt¢ /¡¡íJitt"þí9S¢)t /s¡¡ít¢¢Jit / tþfJ~J$J1J J /¡¡ípSpSl-.t¢¡¡ítt9SJil /¡¡íJi~ other advanced airway and artificial ventilator techniques: and may include transportation to a hospital by the Delray Beach Fire Department. Section 2. That Title IX, IIGeneral Regulations II, Chapter 96, "Fire Safety and Emergency Services", Subheading "Emergency Medical Services", Section 96.66, "Emergency Medical Services; Fees" , of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety, and a new Section 96.66, "Emergency Medical Transportation Fees", is hereby enacted to read as follows: Section 96.66 EMERGENCY MEDICAL TRANSPORTATION FEES. I 1Al The following service charges or fees are levied for I the provision of emergency medical transportation: I ill Advanced Life Support transportation fee 8275.00 .L2.l Basic Life Support transportation fee 8205.00 ill Mileage fee 8 5.00/mile III The City Commission may adjust fees annually pursuant to the Inflation Index Charge (I.I.C.) which is used by Medicare to determine the appropriate fee charges. I Section 3. That Title IX, "General Regulations", Chapter 96, "Fire Safety and Emergency Services", Subheading "Emergency Medical Services", Section 96.67, "Billing and Collection of Emergency Medical Service Fees; Costs and Attorneys' Feesll, of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety, and a new Section 96.67, IICollection of Emergency Medical Service Feesll, is hereby enacted to read as follows: - 3 - Ord. No. 5-95 I Section 96.67 COLLECTION OF EMERGENCY MEDICAL SERVICE FEES. 1Al The Fire Department shall submit bills to patients or to the patient I s insurance carrier for the provision of Basic Life Support or Advanced Life Support transportation. .La.l Any bill remaininq unpaid for a period of ninety (90) I days shall be considered delinquent. Any delinquent bill shall incur interest at the rate of nine percent (9%) per annum. The notice of an interest charge shall be included on the initial bill mailed to the patient. Kl The City may collect delinquent charges through any and all available legal remedies. lJll The City Finance Department is hereby authorized to accept assignment at the maximum allowable rate of Medicaid. Medicare. and the Palm Beach County Health Care District benefits. ¡ .Lll The City Finance Department is hereby authorized to I negotiate payment settlements of outstandinq debts owed to the City for emergency services rendered when the debtor is unable to satisfy the outstandinq balance due. Section 4 . That Title IX, "General Regulations", Chapter 96, "Fire Safety and Emergency Services", Subheading "Emergency I Medical Services", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 96.68, "Emergency Medical Services and Advanced Life Support Provider", to read as follows: Section 96.68 EMERGENCY MEDICAL SERVICES AND ADVANCED LIFE SUPPORT PROVIDER. 1Al The Fire Department is hereby authorized to obtain and maintain any and all necessary State of Florida licensinq. vehicle permits and all necessary Palm Beach County Certificates of Public Convenience and Necessity (COPCN) . pursuant to Chapter 401. Florida Statutes. and Palm Beach County EMS Ordinance. Palm Beach County Code. Chapter 13. and any subsequent applicable revised laws and ordinances. for the purpose of providing Advanced Life Support and all manner of emerQ'ency medical services as it applies to emerQ'ency medical and trauma treatment and emerQ'ency transportation services. in and for the City of Delray Beach. - 4 - Ord. No. 5-95 , , 1.lU The Fire Department shall. upon obtaining all necessary licenses and certifications. be designated as the primary provider of Advanced Life Support and of all manner of emerqency medical services as it applies to emerqency medical and trauma treatment and emergency transportation services within the city limits of the City of Delray Beach. Section 5. That should any section or provision of this I 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective ten (10) days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. I MAYOR ATTEST: City Clerk First Reading Second Reading - 5 - Ord. No. 5-95 \ . ~ ~ ~~ . 017 IS!' ['¡v'" /-5/95 - -5 id 0 w/~~~ £ITY DF DELRAY BEA[H & 1/ a . 04 (D ) CITY ATTORNEY'S OFFICE 300 W ATlANTIC A VE)\;l~E . DELRA Y BEACH. FLORIDA 33.J.J.J TELEPHONE 407!243-7823' FACSI\lILE 407/243·7816 POLICE LEGAL ADVISOR MEMORANDUM TO: David Harden, City Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: December 22, 1994 SUBJECT: Alarm Ordinance Revisions ------------------------------------------------------------------------ ------------------------------------------------------------------------ Pursuant to the City Commission's comments on December 13, 1994, I have enclosed a revised alarm ordinance which incorporates the changes requested by the Commission. The changes are as follows: Section 112.03 - Definitions The "Registration Period" definition was deleted from the ordinance as the City will no longer require a yearly renewal of the registration. Section 112.04(B) - Prohibitions Audible alarm systems must deactivate within 15 minutes and not 30 minutes. Section 112.20(A)(B) - Alarm Registration Required Registrations will only be mandated after one (1 ) false alarm. Those persons who must register will pay a ten ($10.00) fee. Section 112.21(A) - Alarm Registration Application Persons will not have to pay a fee if they register at the time of acquiring an alarm installation permit or if they register prior to the emission of one false alarm. Section 112.2l(B) - The enforcement official may request assistance if necessary to deactivate an alarm. This language allows discretion on the official's part and prevents persons from having to respond when they are not needed. 1:l·B. Section 112.27 (A) (B) - Multiple False Alarms The term "registration period" was changed to "calendar year" as we have deleted "registration period" from the ordinance. I have asked Susan Ruby to review the ordinance for legal sufficiency as well as assuring that all Commission recommendations are incorporated in the revised ordinance. Please feel free to contact me if I can be of further assistance in this matter. EDH: lbg t!¡ vf I xc: Susan Ruby, City Attorney Lula Butler, Director of Community Improvement Michael Cato, Fire Department Tina Lunsford, Systems Manager ORDINANCE NO. 1-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR THE REGULATION OF ALARM SYSTEMS WITmN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that a high incidence of false alarms and/or malfunctions causes a significant misuse of the manpower and resources of the Police and Fire Departments by causing the dispatch of units to the scene of a false alarm or alarm malfunction, thereby rendering units out of service and unavailable to respond to legitimate emergency situations; and WHEREAS, the City Commission finds that the continued high incidence of false alarms and/or malfunctions are a threat to the health, safety and welfare of the citizens of the City ofDeIray Beach; and WHEREAS, reasonable regulation of all aIann systems and their users should result in a significant decrease in false alarms with a resultant savings in public resources; and WHEREAS, the City Commission finds that the revision of current procedures and fees for multiple false alarms and malfunctions would serve the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XI, "Business Regulations", Chapter II 2, "Alarm Systems", of the Code of Ordinances of the City of DeIray Beach, Florida, is hereby repealed in its entirety, and a new Chapter II2, "Alarm Systems", is hereby enacted to read as follows: CHAPTER 112: ALARM SYSTEMS GENERAL PROVISIONS Section 112.01 SHORT TITLE. This chapter shall be known and cited as the" Alarm Systems Ordinance. " Section 112.02 PURPOSE. This chapter is enacted to provide minimum standards and regulations applicable to alarm systems, and alarm users. Both society in general and public safety in particular will be aided by providing a useful and usable system of private security or fire response which properly balances quick response by the Police and Fire Departments with minimization of public resources spent on alarms which are false or otherwise not the intended function of such systems. Section 112.03 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "ALARM". The sound or signal of an alarm system. "ALARM MALFUNCTION". The activation of any alarm which results in the response of the Police Department or the Fire Department, caused by mechanical failure, malfunction, improper installation or lack of proper maintenance or any other response for which Police or Fire Department personnel are unable to gain access to the premises for any reason, or are unable to detennine the apparent cause of the alarm activation. "ALARM REGISTRATION". A registration issued by the City Manager or his designee allowing the operation of an alarm system within the City of Delray Beach and signifying compliance of the alarm system with the provisions of this chapter. "ALARM SYSTEM". Any mechanical, electrical or radio- controlled device which is designed for the detection of smoke, fire, unauthorized entry or other activity requiring urgent attention, and which when activated emits a sound or transmits a signal or message beyond the premises to alert others of an emergency situation. "ALARM TECHNICIAN". Any person who inspects, installs, repairs or perfonns maintenance on alarm systems and is licensed by the State of Florida or works under a State licensed alarm contractor. "ALARM USER". Any individual, partnership, corporation or other entity in control of any building, structure, facility or premises, or portion thereot: where an alarm system is located and maintained. "AUTOMATIC TELEPHONE DIALING DEVICE OR DIGITAL ALARM COMMUNICATOR". An alarm system which automatically transmits a recorded message or coded signal over regular telephone lines by direct connection or otherwise, indicating the existence of the emergency situation that the alarm system is designed to detect. 2 "ENFORCEMENT OFFICIAL". As to security/burglar alarm systems, the Chief of Police or his designated representative; as to fire alarm systems, the Fire Chief or his designated representative. "FALSE ALARM". An alarm for which a governmental agency has made an inspection of the premises within a reasonable time after the activation of an alarm and finds no apparent reason for the alarm except a possible alarm malfunction, or an activation falsely indicating that an emergency exists. An alarm is not considered a false alarm if the alarm is activated by unusually violent conditions of nature or due to malicious causes beyond the control of the alarm user. "PREMISES". Any building, structure or facility and adjoining property which is protected by and upon which is installed an alarm system. "REOUIRED OPERATIVE ALARM SYSTEM". An alarm system which the owner of a premises is required to maintain in an operative condition pursuant to statute, law, ordinance, rule or regulation of any governmental entity. "SMOKE DETECTOR". A device which detects the visible or invisible particles of combustion. Section 112.04 PROHIBmONS. (A) No person, partnership, corporation or other entity shall use or cause to be used any automatic telephone dialing alarm device or digital alarm communicator system over any telephone lines exclusively used by the public to directly request emergency service. (8) Audible security/burglar alarm systems which do not automatically deactivate within fifteen (IS) minutes after activation are prohibited. (C) Fire alarm systems which automatically deactivate are prohibited. (D) Alarms which activate in the event of a power restoration after a power failure are prohibited. Section 112.05 EFFECT ON FIRE CODES. Nothing herein shall be construed as repealing or modifYing any provisions of the applicable fire codes, and to the extent that the provisions of this chapter conflict with applicable fire codes, those fire codes shall control. Section 112.06 EXEMPTIONS. The provisions of this chapter shall not apply to: 3 (A) Alann systems affixed to motor vehicles, mobile conveyances or equipment; or (B) Alarms which are not intended to be heard outside the premises. REGULATION OF ALARM SYSTEMS Section 112.20 ALARM REGISTRATION REOUlRED: FEE: TERM OF REGISTRATION: NONTRANSFERABLE. (A) (1) Upon the emission of one (1) false alarm, the alann user shall be required to obtain a valid alann registration. (2) A person required to obtain a valid alann registration shall be issued a notice of violation and that person shall have ten (10) days trom the date of the notice of violation to make application for the registration. If application for an alann registration is not made within ten (10) days of the notice of violation, the person shall be in violation of this section and shall result in a late charge of fifty dollars ($50.00) or an appearance before the Code Enforcement Board. (B) A registration fee of ten dollars ($10.00) shall be charged to the alann user after notification and receipt of notice of violation due to the emission of one false alann. (C) Applicants having more than one alann system protecting two or more separate structures shall be required to obtain separate alann registrations for each structure, unless the structures are protected by the same alarm system. (D) Any alann registration issued pursuant to this chapter shall not be transferable or assignable. Any change in ownership of residential or commercial property to which an alann registration is assigned shall require a new registration application. (E) Neighborhood subdivisions that have an internal fire and/or burglar alarm system that is maintained and monitored by a private security company located within the subdivision shall pay one registration fee for the entire subdivision. The alann registration shall be purchased by the subdivision's condominium or homeowner's association and the application shall be in the name of the association only. All responsibilities for fees, maintenance and duties as contained in this ordinance shall lie with the association purchasing the alann registration. Section 112.21 APPLICATION FOR ALARM REGISTRATION: REPORTING CHANGES TO REOUlRED INFORMATION. (A) (1) Application for an alann registration shall be made by a person having control over the property on which the alann system is to be operated. Such application shall be made in writing to the Chief Building Official on a fonn designated by the city for that purpose. Neighborhood subdivisions referred to in Section 4 112.20(E) shall comply with subsections (B)(2) and (4) and shall provide only one emergency contact for the purpose of complying with subsection (B)(6). (2) New alann systems shall be registered at no cost if the application is made at the time of the alann installation permit. (3) A person having control over a property with an existing alann systems may pre-register said system with the City at no costt prior to the emission of one (1) false alarm. (B) On such application, the applicant shall set forth: (1) The namet address and telephone number of the applicant's property to be serviced by the alarm, including any business name used for the premises. (2) The namet address and telephone number of the applicantt if different ftom the property to be serviced. (3) The make and type of the alarm system. (4) The namet address and telephone number of the alann business installing or maintaining the alann system, if any. (5) The date of activation of the alann system. (6) Emergency Notification. The namest addresses and telephone numbers of at least two (2) persons or entities who can be contacted at any time for the following purposes: (a) To receive notification ofalann activation; (b) To arrive at the alann site within thirty (30) minutes after receiving a request ftom the Police Department or Fire Department to do so; and (c) To grant access to or enter the premises and deactivate the alann system. (C) The infonnation set forth in subsection (B) shall be kept current by the registration holdert and the registration holder shall notifÿ the Police Department/Communications Center within ten (10) days of any changes in this information. Failure to so notifÿ shall constitute a violation of this chapter and shall result in a late charge often dollars ($10.00). (D) Immediately upon receipt of a registration and prior to the activation of any alann system, the Chief Building Official or his designee shall fOlWard a copy of the application to the Police Department/Communications Center. S SECfION 112.22 DUTY OF PERSON NOTllflED TO PROVIDE ACCESS TO PREMISES. RENDER ASSISTANCE. Any person who is notified by any member of the Police Department or Fire Department of the activation of an alarm system and who is able to give access to the alarm site shall come to the alarm site within thirty (30) minutes of the time such person is notified of such activation and shall provide the Police and/or Fire Department any necessary access or assistance. Failure to respond as provided shall be grounds for and result in the city taking reasonable action to deactivate the alarm as provided in Section 112.28 and, if applicable, to suspend or revoke an alarm business authorization as provided in Section 112.44. Section 112.23 ISSUANCE OF ALARM REGISTRATION: DECAL REOUlRED. (A) An alarm registration shall be issued by the Chief Building Official upon receipt of a completed application. (B) The Chief Building Official or his designee may inspect the alarm equipment and planned installation and may require the submission of additional and specific information. (C) Each alarm registration holder shall be issued a decal which shall contain the alarm user's registration number. This decal must be prominently posted at or near the tront entrance of the premises covered by the registration so that the decal is visible trom the outside of the structure. (D) An application for an alarm registration may be denied if: (1) The requested information is not supplied on the application or such additional information as required is not furnished. (2) Material information on the application is incorrect, or an applicant falsifies any statement on the application. (3) If the equipment is found to be inferior and not capable of proper performance. Section 112.24 APPEAL OF DENIAL OF REGISTRATION. Any applicant who is denied an alarm registration may request, in writing, a hearing before the City Manager or his designee within fifteen (IS) calendar days of receipt of the denial. The City Manager or his designee shall hold a hearing within a reasonable time of receipt of the written request. After taking into consideration all relevant facts and circumstances, the City Manager or his designee may either affinn the denial or order the Chief Building Official to issue the alarm registration in writing. Such decision shall be mailed to the applicant by regular mail. 6 Section 112.25 FALSE ALARMS PROHIBITED: EXCEPTIONS. (A) No person shall intentionally activate an alarm system for any purpose other than an emergency or threat of emergency of the kind for which the alarm system was designed to give notice. (B) No alarm system shall be tested or demonstrated without first notifying the Police Department or Fire Department and receiving pennission fÌ'om the appropriate enforcement official. Section 112.26 RESPONSE TO ALARM: ALARM USER RESPONSmILITY: ALARM MALFUNCTION AND CORRECfIVE ACTION. (A) A response to an alarm activation shall result when any officer or member of the Police or Fire department shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system( s), by any means whatsoever, and responds thereto by traveling to that premises. (B) After responding to an alarm activation, the enforcement official may notify any person identified in the alarm registration application pursuant to Sec. 112.21 of the activation of the alarm system and such person shall thereupon travel to the premises to ascertain the status thereof. Should the person notified fail to appear at said premises within thirty (30) minutes after being notified to do so, the City shall charge the alarm user a fee of seventy-five dollars ($75.00). The officer or member of the Police Department or Fire Department who responded to said premises shall serve the alarm user or authorized representative with an "Alarm Activation Report". (C) In the event of an alarm activation deemed by the enforcement official to be a false alarm as the result of an alarm malfunction, the alarm user or authorized representative will be served an "Alarm Activation Report" indicating that the activation was deemed to be the result of a malfunction, and requiring the alarm user or authorized representative to return a completed "Affidavit of ServicelRepair" within thirty (30) days of said alarm activation which can verify to the satisfaction of the enforcement official that the alarm system in question has actually been examined by an alarm technician and that a bona fide attempt has been made to identify and COlTect any defect of design, installation or operation of the alarm system which was identifiable as the cause of the alarm malfunction. Failure to return an "Affidavit of ServicelRepair" within said thirty day period which is satisfactory to the enforcement official will result in a disconnection per Section 112.28 or enforcement action in the event of a required Fire Alarm System per F.S. 633.025(3). Section 111.27 MULTIPLE ALARM MALFUNCTIONS OR FALSE ALARMS DECLARED A PUBLIC NUISANCE: FEE CHARGES. 7 · (A) It is hereby found and determined that the emission of more than three (3) false alarms within a calendar year period at the same premises is excessive and constitutes a public nuisance. (B) No fee shall be assessed for the first three (3) false alarms at the same premises responded to by the Police Department or the Fire Department during each calendar year. Thereafter, the following fees shall be paid by the alarm user for each false alarm responded to by the Police Department or the Fire Department at the same premises during each calendar year. Number of False Alarms or Alarm Malfunctions ~ Fourth. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 50.00 Fifth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 Sixth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 150.00 Seventh and above ............................... 200.00 each (C) Once a false alarm or alarm malfunction has been responded to by the Police Department or the Fire Department, it shall be unlawful for the alarm panel to be reset by the alarm user or authorized representative, until the authorization of the enforcement official has been obtained. (D) Should any fee assessed pursuant to this chapter remain unpaid in excess of 120 days from the date the charge is billed, a collection fee in the amount of eight percent (8%) of the outstanding balance shall be assessed and shall be payable by the alarm user in addition to the original fee. The alarm user shall also be responsible for any legal fees or costs incurred by the City ofDelray Beach in enforcement of this chapter. Section 112.28 DISCONNECfION OF ALARM SYSTEM. (A) Except for premises protected by a required operative alanÍ1 system, either of the Police Department or Fire Department enforcement officials are authorized to order the disconnecting or deactivation of any alarm system, by written notice to the alarm user at the premises wherein an alarm system is installed, for any of the following reasons: (1) Failure to meet all requirements provided for in this chapter within thirty (30) days of the charging of the fee; or (2) Failure of the alarm user to provide a written "Affidavit of ServicelRepair" required by this chapter; or (3) A false alarm or alarm malfunction at a premises for which a fee is charged pursuant to this chapter is the result of the failure of the alarm user to take corrective action to eliminate the cause of the false alarm; or 8 " · (4) The failure of a person notified pursuant to this chapter to appear within thirty (30) minutes after being notified to respond, if such failure to timely appear occurs four or more times within a registration period. (B) The written notice to disconnect or deactivate shall be mailed to the alarm user, by certified mail, and shall specify the date on which the alarm user shall be required to disconnect or deactivate the alarm system, which date shall be at least fifteen (15) days following the date of mailing of the notice. The alarm user may appeal the order of the enforcement official pursuant to Section 112.29. Section 112.29 APPEAL. An alarm user to whom a notice to disconnect or deactivate an alarm system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the enforcement official to the City Manager or his designee. An appeal must be in writing, stating the reasons why the order to disconnect or deactivate should be withdrawn, and shall be made within fifteen (15) days of the date of receipt of the notice to disconnect. The City Manager or his designee shall review the facts and circumstances and shall determine whether the alarm user has shown good cause why the order should be withdrawn. The City Manager or his designee shall notify the alarm user of the decision in writing. If the City Manager or his designee affirms the order to disconnect or deactivate an alarm system, the alarm user shall have five (5) days following mailing of the written decision of the City Manager or his designee within which to comply with the order. The appeal of an order to disconnect or deactivate shall suspend the effective date of the order until the appeal has been acted upon by the City Manager or his designee. Section 112.30 FAILURE TO DISCONNECf OR UNAUTHORIZED RECONNECTION OF ALARM SYSTEM. It shall be unlawful for any person to fail to disconnect or deactivate an alarm system which has been ordered disconnected or deactivated pursuant to Section 112.28, including those situations in which the City Manager or his designee affirmed the order to disconnect or deactivate; and it shall be unlawful for any person to reconnect an alarm system which has been disconnected or deactivated pursuant to the order of the enforcement official, unless reconnection of the alarm system is authorized pursuant to Section 112.31. Any person violating the provisions of this section shall be subject to penalties provided for in Section 10.99, the penalty being cumulative to other administrative remedies provided for in this chapter. Section 112.31 RECONNECTION OF ALARM SYSTEMS. Any order to disconnect or deactivate an alarm system may be rescinded by either the Police Department or Fire Department enforcement official upon a finding by said enforcement official that the alarm user has taken corrective action which it is 9 · reasonable to conclude will remedy the cause of the false alanns or alann malfunctions at the premises. In making a request for such a rescission, the alarm user shall have the burden to show what corrective action has been taken and that same is sufficient to support a finding that the cause of the false alanns or alarm malfunctions has been remedied. The enforcement official shall have the right to inspect the alarm system and test same prior to rescinding the order to disconnect or deactivate. Before any reconnection of an alarm system, after the order to disconnect said system, a reconnection fee of fifty dollars ($50.00) shall be assessed. The enforcement official shall not rescind an order to disconnect or deactivate if the alarm user has failed to pay any fee charged pursuant to this chapter. Section 112.32 NEWLY INSTALLED ALARM SYSTEMS. The provisions of this chapter relative to false alarms shall not apply to any newly installed alarm system for a period of sixty (60) days ftom the date of the activation of that alarm system, but shall apply ftom and after the expiration of the initial sixty (60) day period following activation. The time limit provided for in this section shall be measured ftom the date shown on the application for alann registration required by Section 112.21(B)(5). The exemptions set forth in this section shall not apply to any person who has failed to comply with Section 112.20. ADMINISTRATION AND ENFORCEMENT Section 112.50 NONCOMPLIANCE WITH PROVISIONS. In addition to the violations specifically set forth herein, any noncompliance with the provisions of this chapter shall be decreed a violation of this chapter, punishable as provided herein. Section 112.51 ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD. The enforcement official may initiate action before the Code Enforcement Board of the city to obtain compliance with this chapter and payment of service charges or fees assessed by the city pursuant to the provisions of this chapter. The Code Enforcement Board shall have the authority to place a lien against the premises served by an alarm system in the amount of all assessed service charges and fees. Section 112.52 ALARM SYSTEM OPERATIONS. The City, its officers, employees and agents, shall not assume any duty or responsibility for the installation, maintenance, operation, repair or effectiveness of any privately owned alann system, those duties or responsibilities being solely those of the alarm user. Additionally, it shall be the responsibility of the alarm user to silence an activated alarm and thereafter reset same. 10 . . Section 112.53 LIMITATION OF LIABILITY. The City, its officers and agents shall not be under any obligation or duty to an alarm user or to any other person hereunder by reason of this ordinance. The City specifically disclaims liability for any damages which may be caused by failure to respond to an alarm. Nothing herein shall be deemed to waive any immunities granted pursuant to Section 768.28, Florida Statutes. Section 112.54 REMEDIES TO BE CUMULATIVE. The remedies of the city provided in this chapter shall be cumulative with each other and other remedies existing according to law. 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 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 4. 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 . 1995. MAYOR ATTEST: City Clerk First Reading Second Reading IIIaDor2 11 · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # I:J. .~. - MEETING OF JANUARY 5. 1995 FIRST READING FOR ORDINANCE NO. 4-95 DATE: DECEMBER 30, 1994 This is first reading for Ordinance No. 4-95 which rezones a 10.23 acre parcel of land f rom PC (Planned Commercial) District to RM (Medium Density Residential) District. The property is located on the south side of Lindell Boulevard, between South Dixie Highway and South Federal Highway. The purpose cf this rezoning is to apply the appropriate zoning classification for a potential multiple family development. The property is located in Redevelopment Area #6 per the Future Land Use Element of the Comprehensive Plan. The proposed multi-family use differs from the uses contemplated for this redevelopment area. Therefore, if the Commission determines the proposed rezoning to be appropriate, an associated action should be formal direction to initiate a Comprehensive Plan amendment regarding Redevelopment Area #6, to be processed as part of Comprehensive Plan Amendment 95-1. Please refer to the staff documentation for a detailed analysis of this request. The Planning and Zoning Board formally reviewed this item at public hearing on December 19, 1994. The applicant's representative asked that the Board recommend affixing a density suff ix of 111211 to the RM zoning. The Board felt that the exact density would be more appropriately determined during the site plan review process, and voted to recommend by a vote of 5 to 0 that the rezoning to RM be approved. The Board further recommended that the Commission initiate an amendment to the Comprehensive Plan for Redevelopment Area #6. Recommend approval of Ordinance No. 4-95 on first reading. If passed, a public hearing will be held on January 17, 1995. fCWöLdL 6-0 ref:agmem012 , ! ORDINANCE NO. 4-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN THE RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT¡ SAID LAND BEING GENERALLY LOCATED ON THE SOUTH SIDE OF LINDELL BOULEVARD, BETWEEN SOUTH DIXIE HIGHWAY AND SOUTH FEDERAL HIGHWAY¡ AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" ¡ 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 PC (Planned Commercial) District¡ and WHEREAS, at its meeting of December 19, 1994, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted 5 to 0 to recommend approval of the rezoning, based upon positive findings¡ and I 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 RM (Medium Density Residential) District for the following described property: A portion of the Southeast One-Quarter (SE 1/4) of Section 29 and a portion of the Northeast One-Quarter (NE 1/4) of Section 32, Township 46 South, Range 43 East, Palm Beach County, Florida¡ a portion of DEL-RATON PARK, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida¡ as modified by City of Delray Beach Resolution No. 68-86, dated December 16, 1986, as recorded in Official Record Book 5140, Page 1278, of the Public Records of Palm Beach County, Florida¡ and a portion of TROPIC PALMS PLAT NO. 1, according to the Plat thereof, as recorded in Plat Book 25, Pages 99-102, of the Public Records of Palm Beach County, Florida¡ as modified by City of Delray Beach Resolution No. 68-86, dated December 16, 1986, recorded in Official Record Book 5140, Page 1278, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCING at the Northeast corner of said Northeast One-Quarter (NE 1/4) of said Section 32; thence South ¡ 89 degrees 44' 3511 West along the North line thereof, a distance of 495.46 feet to a Point of Intersection I with the Westerly right-of-way line of U.S. Highway No. 1 as shown on said "TROPIC PALMS PLAT NO. 111 and I the POINT OF BEGINNING¡ thence South 07 degrees 44' 0011 West, a distance of 302.94 feet¡ thence South 89 degrees 44' 3511 West, along a line parallel with and I I 300.00 feet South of the North line of said Section I 32, distance of 128.79 feet to a Point of I a I Intersection with the Easterly line of Lots 9 through 26, Block 32 of said DEL-RATON PARK; thence South 00 degrees 28' 2511 East, along said East line, a distance of 162.34 feet to the Southeast corner of Lot 9, Block 32 of said DEL-RATON PARK¡ thence South I 89 degrees 31' 3511 West, along the South line , ¡ thereof, a distance of 155.00 feet to a Point of ! , Intersection with the centerline of "Raton Courtll as I: shown on said DEL-RATON PARK¡ thence South 00 degrees 28' 2511 East, along said centerline, a dist:ance of 199.88 feet to a Point of Intersection with the ! Easterly projection of the South line of Lot 24, I i I Block 6 of said DEL-RATON PARK¡ thence South 89 i degrees 44' 35" West, along said projection, a , I distance of 65.85 feet to a Point of Intersection I with the North right-of-way line of South Florida ¡ Water Management District Canal 15; thence North 79 degrees 45' 2511 West, along said North right-of-way line, a distance of 105.80 feet; thence North 03 degrees 36' 3811 East, continuing along said North right-of-way line, a distance of 5.02 feet¡ thence i North 79 degrees 45' 2511 West, continuing along said I North right-of-way line, a distance of 169.78 feet to a Point of Intersection with the centerline of Dixie I Boulevard; thence North 04 degrees 53' 4211 East, a I distance of 369.86 feet¡ thence North 07 degrees 45' I 05" East, along the centerline of said II Dixie Boulevard II , a distance of 224.37 feet to a Point of Intersection with the Easterly projection of the South line of Lot 30, Block 4 of said DEL-RATON PARK¡ thence North 82 degrees 14' 5511 West, along said line, a distance of 155.00 feet to the East right-of-way line of IIOld Dixie Highwayll as shown on I said TROPIC PALMS PLAT NO. 1; thence North 07 degrees I 45' 0511 East, along said East right-of-way line, a I I - 2 - Ord. No. 4-95 I I I - I distance of 224.60 feet to a Point of Intersection with the South right-of-way line of "Lindell Boulevard II as shown on said TROPIC PALMS PLAT NO. 1¡ thence South 82 degrees 14' 55" East, along a line I parallel with and 50.00 feet South of the centerline I of said "Lindell Boulevard" , a distance of 731.96 feet to a Point of Intersection with the North line I of Block 32 of said DEL-RATON PARK¡ thence North 89 I degrees 44' 35" East, along said North line, a distance of 11. 45 feet to a Point of Intersection I with said West right-of-way line of U.S. Highway No. I I 1¡ thence South 07 degrees 44' 00" West, along said West right-of-way line, a distance of 126.23 feet to ¡ the POINT OF BEGINNING. I i The subject property is located on the south side of i Lindell Boulevard, between South Dixie Highway and ¡ I South Federal Highway¡ containing 10.23 acres, more ¡ i ' or less. Ii Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the ) i City of Delray Beach, Florida, to conform with the provisions of I Section 1 hereof. I I Section 3. That all ordinances or parts of ordinances in I I conflict herewith be, and the same are hereby repealed. I I ! 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 af£:ect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. I Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. I MAYOR ATTEST: I City Clerk First Reading Second Reading - 3 - Ord. No. 4-95 I I , '. 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(;;õj: J __ ....~ Bovl&NIo j~ '5 / t 7Tì I 111r ' IINDIu 8<.... -'I ~ ~ if.'lÞ r/lJJllill1111" ~ 1f 111111 ·'i )¡ ~ ......_~ 1 ~ /" .~~ ~ ~ ~ , ~ ....... MPIC au DR. ~X ~ ~ ~C ! ~ \.. ~::::: -= J . I t5 .. - [(.,¿uü~)-~ ê .:: ::..... - 0-1.......... ~ /' ¡.Þ~ J ~ J J j............... ""<: .I _ M REZONING ~ 0IJ"M'WDff G1\' . .....y IUØC, '" l - MTM 8CSE' l1li' I'S7III OK é¥1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: ZONING FROM: JEFFREY A. COSTELLO ~ SENIOR PLANNER SUBJECT: MEETING OF JANUARY 3, 1995 REZONING FROM PC (PLANNED COMMERCIAL) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF LINDELL BOULEVARD, BETWEEN SOUTH FEDERAL HIGHWAY AND SOUTH DIXIE HIGHWAY. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 10.2 acre parcel from PC (Planned Commercial) to RM (Medium Density Residential). The subject property is located on the south side of Lindell Boulevard, between South Federal Highway and South Dixie Highway. BACKGROUND: The subject property was formerly approved for use as an auto dealership (Lehman Auto) , which was never established. The purpose of this rezoning is to apply the appropriate classification for a potential multiple family development. The rezoning does not include the existing commercial properties along Federal and Dixie Highways. The request involves property that is within Redevelopment Area #6, as designated in the Future Land Use Element of the Comprehensive Plan. The proposed change to a multi-family development differs from the uses included in the description of this Redevelopment Area. If approved, a Comprehensive Plan amendment dealing with Redevelopment Area #6 should be initiated. Additional background and a full analysis of the request is provided in the attached Planning and Zoning Board staff report. City Commission Documentation Meeting of January 3, 1995 Rezoning from PC to RM for property at Lindell and Federal Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of December 19, 1994, the Planning and zoning Board held a public hearing in conjunction with the rezoning request. The vice-president of the Tropic Palms Homeowners Association stated his concern that the proposed density was too great, and that rental apartments would detract from the neighborhood. Michael Weiner, the applicant's representative, asked that the Board affix a density suffix of "12" to the RM classification. While the Board was not opposed to a potential density of 12 units per acre, their consensus was not to apply a suffix. They felt that the exact density would be more appropriately determined at the site plan stage. The Board voted 5-0 (Kiselewski and Wheat absent) to recommend that the rezoning to RM be approved. The Board also recommended unanimously that the Commission initiate an amendment to the Comprehensive Plan regarding Redevelopment Area #6, to be processed with Plan Amendment 95-1. RECOMMENDED ACTION: By motion, approve the rezoning on first reading, setting a public hearing date for January 17, 1995, and direct staff to process a Comprehensive Plan amendment for Redevelopment Area #6. Attachment: * P&Z Board Staff Report & Documentation of December 19, 1994 * Copy of Ordinance (by others) or:CCL:J:NDEL.DOC / PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: December 19. 1994 AGENDA ITEM: V. A. ITEM: Rezoning from PC (Planned Commercial) to RN {Medium Density Residential) (Former Lehman Property). GENERAL DATA: Owner....................Southeast Investments of Palm Beach County, Inc. -- Applicant................CG Land, Inc. ~ ewc WICICS Agent....................Joseph S. Torg Joseph S. Torg and Co., Inc. Location.................Sou~hside of Lindell Boulevard, between Federal Highway and Dixie Highway. Property Size....,.......10.23 Acres City Land Use Plan.......Redevelopment Area '6 Existing City Zoning.....PC (Planned Commercial) Proposed City Zoning.....RM (Medium Density Residential) Adjacent Zoning...North: PC East: PC, AC (Automotive Commercial), and GC (General Commercial) South: City of Boca Raton - B-4 (General Business District) and RBI (General Business , and Motel District) West: PC and RM II~ , "'.. Existing Land US:{.:"'W.'. Vacant land. Proposed Land Use,'f·...... .Potentially a 122-unit multiple family development. Water Service............Available adjacent to the property via an existing 10" water main along both Lindell Boulevard and Dixie Highway. Sewer service............To be provided via a main extension south on Federal Highway along with the installation of a lift station. V.^. I T E M B E FOR E THE BOARD: The item before the Board is that of making a recommendation to the City Commission on a Rezoning request from PC (Planned Commercial) to RM (Medium Density Residential), pursuant to Section 2.4.5{E). The subject property is located on the south side of Lindell Boulevard, between South Federal Highway and South Dixie Highway. Pursuant to Section 2.2.2{E), the Local Planning Agency (P & Z Board) shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. B A C K G R 0 U N D : The subject property is comprised of a portion of the Del-Raton Park subdivision and a portion of Tropic Palms Plat No. 1 which is currently vacant and has been for many years. The following are land use actions that have occurred on the property. On December 16, 1986, the City Commission approved the annexation of a portion of the subject property as well as adjacent properties (south of Lindell Boulevard, between Federal Highway and Dixie Highway) (13.3 acres) into the City of Delray Beach with an SC (Specialized Commercial) zone designation (via Ordinance No. 89-86). Also at that meeting, the Commission approved the abandonment of various road and canal rights-of-way, and easements within and adjacent to the annexed . property (via Resolution No. 68-86). At its meeting of March 24, 1987, the City Commission approved a land use plan amendment from MF-10 {Multiple Family - 10 du/ac to C (Commercial) (via Ordinance No. 24-87) and a rezoning from RM-10 (Multiple Family Dwelling District) to SC (Specialized Commercial) for 2.3 acres of land on the south side of Lindell Boulevard (via Ordinance No. 25-87). Also at that meeting, the City Co~ission granted conditional use and site plan approval to construct a full service automobile dealership (Lehman Auto Dealership) on 10.2 acres of land south of Lindell, between Federal and Dixie Highways. A condition of approval was that the property be platted. On November 11, 1987, the City Commission approved the plat, however, the plat was never recorded. On July 29, 1988, a request for a time extension to the conditional use and site plan for Lehman auto dealership was submitted and was subsequently withdrawn. Thus, the conditional use and site plan expired on April 20, 1988. . P & Z Board Staff Report . Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 2 With the adoption of the City's Comprehensive Plan in November 1989, the property's land use map designation was changed from C (Commercial) to Redevelopment Area 16. With the Citywide rezoning and adoption of the Land Development Regulations in October 1990, the subject property was rezoned from SC (Specialized Commercial) to PC (Planned Commercial). On May 6, 1994 an application for rezoning from PC (Planned Commercial) to RM (Medium Density Residential) was submitted and subsequently withdrawn prior to any action. On November 11, 1994, the rezoning request from PC to RM was submitted and is now before the Board for action. PRO J E C T DES C RIP T ION : The proposal is to rezone 10.2 acres of land from PC (Planned Commercial) to RM (Medium Density Residential). The rezoning does not include the existing commercial properties along Federal and Dixie Highways. If the Rezoning is approved, a site and development plan submittal to construct a multiple-family development is anticipated. Z 0 N I N G A N A L Y S IS: 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, Compatibility, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations ( LDRs) . . COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives are noted. Land Use Element Redevelopment Areas - The Redevelopment Area designat10n is applied to those areas which have been identified in the Land Use Element as being in need of redevelopment. Development shall occur pursuant to a specific "redevelopment plan" which is to be prepared pursuant to Objective C-2 of the Land Use Element. If a development proposal is presented to the City prior to the creation and adoption of a redevelopment plan, that proposal shall be handled in one of the following ways: . the application shall be placed on hold for not more than six (6) months while the redevelopment plan is prepared; . the application shall be processed on a case by case basis with the existing zoning map, the Land Use Element, and the Housing element providing the Local Planning Agency with the policy guidance needed to properly dispose of the application. P & Z Board Staff Report Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 3 The description of the Lindell Boulevard Redevelopment Area ('6) in the Comprehensive Plan is as follows: Land Use Element Policy C-2.6 - The Lindell Boulevard and Federal Highway Redevelopment Area (Redevelopment Area '6) extends from the C-15 Canal northward between Federal and Dixie Highways. Half of the land is vacant, almost half is underutilized as a substandard trailer park, and a few lots have residences upon them. An effort shall be made to promote aggregation of parcels prior to any further development. While any commercial use is allowable, the future use of the property is most appropriate for a "destination" use i.e. a use to which a person will travel. These uses include highly specialized commercial activities and recreation. The incentives provided under the Large Scale Mixed Use designation could be applied to this redevelopment area. The area does not include the existing (Honda) automobile dealership but does include the mobile home park north of it. The proposal does involve the aggregation of land as the subject property is comprised of a large number of individual lots as well as abandoned rights-of-way and easements. The applicant is in the process of contacting adjacent property owners in an attempt to purchase additional land to incorporate into the subject property. Previous attempts were made by the applicant, however, the adjacent property owners were not receptive to the applicant's request. Given the property's location, the development of the property as multi-family may be more realistic than a destination use (specialized commercial use) . Also, the development of the property as commercial (retail) may not be realized given the high vacancy rate of adjacent commercial properties and shopping centers. Additionally, traffic concurrency problems on South Federal Highway reduce the likelihood that a destination type commercial operation could be readily approved at this location. .Thus, while the proposal is not entirely consistent with the~. existing description in the Comprehensive Plan, it may be ":'more appropriate to delete or amend that description than to deny the proposal based on that inconsistency. At the very least, the rezoning should be considered on its own merits, as permitted in the "case by case" option under the policies for Redevelopment Areas in the Comprehens i ve Plan. Land Use Element Objective A-I - Vacant property shall be developed in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. P & Z Board Staff Report . Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 4 A. Physical Considerations - The property was previously disturbed in order to accommodate an automobile dealership, which was never constructed. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residences. B. Complimentary with Ad1acent Land Uses - The rezoning from commercial to residential will be complimentary with the residential communities to the west of Dixie Highway and east of Federal Highway as well as the adjacent commercial uses. C. Fulfills Remaininq Land Use Needs - The Housing Element of the Comprehensive Plan calls for development of property to provide a variety of housing types. Further, within Redevelopment Areas medium density residential concentrations shall be provided. Along the Federal Highway Corridor, there is an abundance of vacant and underutilized commercial properties. This rezoning will result in the reduction of commercial zoned property from a commercially saturated area and yet fulfill the need for medium density residential within redevelopment areas. Conservation Policy B-2.5 - Whenever new development or redevelopment is proposed along a waterway, a canal, an environmentally sensitive area, or an area identified via Policy B-2.1, an area equivalent to at least 10% of the total area of the development shall be set aside in an undisturbed state or 25% of native communities shall be retained pursuant to Treasure Coast Regional Planning Commission Policy 10.2.2.2. This policy is applicable as the property abuts the SFWMD C-15 Canal. However, the site is in a disturbed state and there are no native communities that abut the canal. This policy will be further addressed with review of a site and development plan proposal. The RM regulations require this -development to provide a minimum 25% open space. ;1' Traffic Element Table T-4 - The ultimate right-of-way width for Dixie Highway between Linton Boulevard and the South City Limits is 80'. Presently, there exists 30' of right-of-way adjacent to this property, therefore a 50' right-of-way dedication is required along Dixie Highway. If the rezoning is approved, submittal of a site plan application is anticipated. The right-of-way dedication will be addressed at that time. Future Land Use Map: Pursuant to Land Development Regulations Section 3.1.1(A) (~uture Land Use Map) , all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. " P & Z Board Staff Report Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 5 The subject property has a Redevelopment Area #6 Land Use Map designation and is currently zoned PC. Unlike other land use designations, there are no zoning classifications that are automatically consistent with a Redevelopment Area designation. The proposal to aggregate land into one development is consistent with the current description of Redevelopment Area #6. The RM zoning does not conform to the description of this area, however as previously discussed, the option exists to consider the proposal on a "case by case" basis. This rezoning involves a majority of the property bhat lies within Redevelopment Area 16. If the rezoning is approved, the redevelopment designation should be removed and replaced with a specific underlying land use designation. Removal of the current land use designation will require an amendment to the Future Land Use Map. As the designation covers an area that exceeds 10 acres, the amendment would exceed the 10 acre maximum permitted for Small Scale Amendments. Thus, that amendment will have to await the twice a year Comprehensive Plan Amendment cycle. In addition to the above, the ability to aggregate the existing commercial properties adjacent to the subject property, into an overall Planned Commercial development will have been diminished. As such, their current PC zoning will become inappropriate. Rezoning of these properties should occur concurrently with the amendment to, or deletion of, the description of Redevelopment Area #6 in the Comprehensive Plan. Concurrency: Pursuant to Section 3.1.l(B), Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water & Sewer: .... The rezoning from commercial to residential will result in an increase" in water and sewage flows. The projected water and sewer flows under the current PC development scenario are 14,330 gallons per day whereas the flows for a maximum potential 122-unit multi-family development under the RM zoning would be 26,718 gallons per day. Development of these properties under either scenario will not cause an adverse impact on water and sewer level of service standards. Water service is available adjacent to the property via an existing 10" water main along both Lindell Boulevard and Dixie Highway. Sewer service is to be provided via a main extension south on Federal Highway along with the installation of a lift station. With future development any main extensions and/or upgrades will be the responsibility of the developer. I P & Z Board Staff Report Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 6 Drainaqe: The change from commercial to residential will result in less impervious areas (building and pavement coverage) . As the property is currently vacant, there are no problems anticipated with the ability of future development retaining drainage on-site and complying with South Florida Water Management District Standards. Streets and Traffic: The potential 122-unit multiple family development will generate 854 trips, whereas the potential traffic generated by a shopping center is 5,451 trips. Thus, the traffic generated by the potential residential development will be significantly less than that generated by a commercial development. Based upon the above, positive findings with respect to traffic concurrency can be made for the rezoning. It is noted that the major roadways adjacent to the subject property are Federal Highway, a State Principal arterial, and Dixie Highway, a County Collector. Although this segment of Dixie Highway roadway link (between Linton Boulevard and the C-15 Canal) is currently operating at an acceptable level of service (Level Of Service "B"), the Federal Highway roadway link is currently operating at a substandard level of service (Level Of Service "E"). With a site and development plan submittal, a full traffic study must be submitted which addresses the capacity of the above roadway links. Parks and Recreation: The proposed RM zoning will allow a maximum of 122 units. ' The proposed units will not have a significant impact with respect to level of service standards for parks and recreation facilities. A parks and recreation impact fee of $500 per unit will be assessed at the time of building permit. Solid Waste: , . ...., The rez~lng will result in a substantial reduction of trash generat~. The existing PC zoning could generate 3,121 pounds per day whereas a multi-family development under the proposed RM zoning would would generate 535 pounds per day. Thus, positive impacts on this level of service standard will be realized. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing ~nd proposed; or that if an incompatibility may occur, that sufficient regulations exist to property mitigate adverse impacts from the new use. P & Z Board Staff Report Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. . Page 7 North of the subject property is zoned PC (Planned Commercial); west is zoned PC and RM (Medium Density Residential); east is PC, GC (General Commercial) and AC (Automotive Commercial); and south across the C-15 Canal is zoned City of Boca Raton RBI (General Business and Motel) and B-4 (General Business). The existing land uses to the north are: an auto repair shop (Certified Auto Repair Service), four (4 ) single family homes, and vacant land. South, across the C-l5 Canal, is vacant land and a City of Boca Raton water storage tank. East is Delray Isuzu auto dealership, Pelican Harbor Shoppes, Delray Dental Building, Orange Royal (farmers market) . West is Mac's Garden of Eden (nursery) , Dixie Variety Store (convenience store) , a vacant commercial building, vacant land and, across· Dixie Highway and the F.E.C. Railroad, The Pointe townhouse development. The proposed RM zoning will· allow a development which is much less intense than that allowed under the current PC (Planned Commercial), therefore, compatibility with the adjacent properties should be enhanced. The proximity of the subject property adjacent to (between) existing commercial uses may present some problems as far as its potential for residential development. Concerns regarding compatibility of the proposed development with the commercial uses can be further addressed during the site plan review process, where the provision of adequate buffering can be addressed. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (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 tor which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was ~ originally established, in error; -'.~¡ . b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the followinq: . . . P & Z Board Staff Report Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 8 "The future land use map designates this property as a Redevelopment Area. As such, the proposed rezoning RM represents an intensity, which is less than that which the future land use map allows. Therefore, rezoning this land would be consistent with the Comprehensive Plan for the City of Delray Beach. In addition, the subject property sits within a unique corridor in Delray Beach. To the north is an intensely developed commercial area, which includes automobile dealerships, restaurants, shopping centers, offices, a mall, and strip centers. To the east and west, however, also bordering the C-15 Canal, are the residential commùnities of Tropic Isles and Tropic Palms. Accordingly, rezoning this property to RM will make the site more compatible with the surrounding area by completing a transitional residential band along the City's southeastern boundary." Comment: Item C is the applicable basis for the rezoning. The property is adjacent to the C-15 Canal which lends itself well to residential development. To the east and west of the property are strip commercial developments which either abut or are adjacent to residential developments. The RM zoning (medium density) is as appropriate as PC and will result in a development that is much less intense than PC. Given the property's location, its development as multi-family may be more realistic than a destination use (specialized commercial use) . Also, the development of the property as commercial (retail) may not be realized given the high vacancy rate of adjacent commercial properties and shopping centers and traffic concurrency problems on South Federal Highway. Development of the property as residential would be an inducement for the redevelopment and development of surrounding properties within the Redevelopment Area. OTHER I T EMS . . Access Easement Adjacent"'· to the southeast corner of the subject property there is a vacant parcel of land to which there is no dedicated access, thus the property is landlocked. The property became landlocked through the abandonment of rights-of-way, specifically Raton Court and Del-Raton Boulevard. Alternative access to these properties was to have been granted through the Lehman plat, which was never recorded. With a site plan submittal, access must be provided to the landlocked parcel. REV I E W B Y o THE R S . . The rezoning is not in a geographic area requiring review by the CRA (Community Redevelopment Agency) , the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). P & Z Board Staff Report Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 9 Special Courtesy Notice: Courtesy notices were provided to the following homeowner's and neighborhood associations: * Pelican Harbor * Tropic Bay * Tropic Isles * Tropic Palms Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ASS E SSM E N TAN D CON C L U S ION : The Rezoning from PC to RM for the subject property is consistent with Chapter 3 of the Land Development Regulations. Although the proposed zoning is not consistent with all elements included in the description of Redevelopment Area 16, it is consistent with other policies and objectives of the Comprehensive Plan. Based on the inconsistency, it may be more appropriate to delete or amend that description than to deny the proposal. Also, positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the RM is as appropriate if not ~ appropriate than PC and will result in-a development that is much less intense than PC. The property is adjacent to the C-15 Canal which lends itself well to residential development. Development of the property as residential would be an inducement the area and may encourage redevelopment and development of surrounding properties within the Redevelopment Area. A L T ERN A T I V E ACT ION S : A. Continue with direction. B. RecQIIUUend approval of the rezoning request from PC to RM bas~ upon positive findings with respect to Chapter 3 (pe£~Qrmance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). C. Recommend denial of the rezoning request from PC to RM based upon a failure to make a positive finding with respect to Consistency with the Redevelopment Area #6 description of the Comprehensive Plan Chapter, and that pursuant to Section 2.4.5(D)(5) the rezoning fails to fulfill at least one of the reasons listed . , . . P & Z Board Staff Report . Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 10 S T A F F R E COM MEN D A T ION : A. Recommend to the City Commission approval of the rezoning from PC (Planned Commercial) to RM (Medium Density Residential) based upon positive findings with respect to Chapter 3 of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5)(c) (Rezoning Findings). B. 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CANAL 15 - S 1Ittl/f6\( - - · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i I~·P·- MEETING OF JANUARY 3, 1995 FIRST READING FOR ORDINANCE NO. 3-95/AUTOMOTIVE COMMERCIAL DISTRICT SPECIAL REGULATIONS DATE: DECEMBER 30, 1994 This is first reading for Ordinance No. 3-95 which amends the Special Regulations of the Automotive Commercial (AC) District by adding a provision for relief from open space requirements under certain circumstances. In the AC district, whenever an existing use or structure is increased by 30% or more, the entire site must be brought into full compliance with current codes. A requirement unique to the AC district is that a minimum of 25% of the site must be left in open space. In some instances this has created difficulties for businesses seeking to upgrade their properties since site constraints limit the amount of open space available. The proposed amendment is intended to allow some flexibility in the required upgrades while not adversely affecting the original intent of the special regulations. Please refer to the staff documentation for analysis of the amendment. The Planning and Zoning Board reviewed this item on December 19, 1994, and voted 5 to 0 to recommend that the amendment as drafted be approved. Recommend approval of Ordinance No. 3-95 on first reading. If passed, a public hearing will be held on January 17, 1995. ~wlw~~ 5-0 ref:agmem011 I ORDINANCE NO. 3-95 j AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.10, I "AUTOMOTIVE COMMERCIAL (AC) DISTRICT" , SUBSECTION I 4.4.10(H), "SPECIAL REGULATIONS", OF THE LAND I DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, I FLORIDA, BY ADDING A SUBPARAGRAPH (5) TO PROVIDE FOR I ! RELIEF FROM OPEN SPACE REQUIREMENTS, SUBJECT TO I REQUIRED FINDINGS; PROVIDING A GENERAL REPEALER i CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. i I I WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of December 19, 1994, and has forwarded the change with a recommendation of approval by a vote of 5 to 0; and I WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has I: determined that the change is consistent with, and furthers the " objectives and policies of, the Comprehensive Plan. !. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: /, , Section 1. That Chapter Four, "Zoning Regulations", Article r I: 4.4, "Base Zoning District.., Section 4.4.10, "Automotive Commercial I: (AC) District.., Subsection 4.4.10(H), "Special Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by adding a subparagraph (5) to read as follows: I ill Relief from Qpen Space Requirements: I I Whenever the requirement to brine¡ existinc¡ site an ; into full compliance trie¡e¡ers a requirement to : increase the amount of open space pursuant to the provisions of Section 4.3.4lKL a reduction of that i requirement may be ap~roved bv the Site Plan Review I i , I I I site. h öLùtOCJ)' ~ n 0 ~ GDfl.- ~ I ! Section 2. That all ordinances)or parts of ordinances in .1 conflict herewith be, and the same are hereby repealed. ~ Ii b~ ~o ~ Li &fSkns- I , I , I 1\ 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 ADOPTED in regular session on second and final reading on this the day of , 1995. I MAYOR ATTEST: I ! City Clerk ,j I ! First Reading I ¡ i Second Reading i I ¡ I i I , ¡ I I i ! ; ì i I - 2 - Ord. No. 3-95 I I I D/( 8Jv'1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, .C\I~ MAN~ . FROM: DIANE DOMINGUEZ~,J-.- ~ DIRECTOR OF PLAN I & Z SUBJECT: MEETING OF JANUARY 3, 1995 AMENDMENT TO LDR SECTION 4.4.10(H), AUTOMOTIVE COMMERCIAL DISTRICT SPECIAL REGULATIONS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to the Land Development Regulations. The affected section is 4.4.10 (H) , Automotive Commercial (AC) District, Special Regulations. B A C K G R 0 U N D: This amendment was initiated as a result of a discussion held by the City Commission at the meeting of October 4, 1994. The purpose of the amendment is to provide flexibility to owners of AC-zoned property who are expanding and upgrading their sites. Unlike other zoning districts, the AC regulations require that whenever an existing site or building is being expanded by 30% or more, every aspect of the site must be brought into full compliance with current codes. This provision has created some difficulties, especially as it relates to meeting current open space requirements. The Commission asked staff to see if the code could be amended to provide some relief to these requirements when appropriate. Additional background information and an analysis of the proposed amendment is provided in the attached Planning and Zoning Board report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed several versions of amendments to the AC district that were designed to address this issue. The Board was very concerned that the amendment be limited in scope so as not to dilute the intent of the special regulations. The Board recommended approval of this final version by a 5-0 vote (Wheat and Kiselewski absent). R E COM MEN D E D ACT ION: By motion, approve the attached amendment to LDR Section 4.4.10(H), Automotive Commercial District, Special Regulations. Attachments: * Proposed amendment * P&Z Staff Report & Documentation of December 19, 1994. AMENDMENT TO LDR SECTION 4.4.10(H) (5) Relief from Open Space Requirements: Whenever the requirement to brinq an existinq site into full compliance triqqers a requirement to increase the amount of open space pursuant to the provisions of Section 4.3.4 ( K) , a reduction of that requirement may be approved by the Site Plan Review and Appearance Board. Concurrent with qrantinq a reduction to the required open space, the board must find that such reduction does not diminish the practical application of the requirement, particularly as it relates to the perimeter of the site. T:CCAUTO.DOC . I PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 19, 1994 AGENDA ITEM: V.D. LDR AMENDMENT TO SECTION 4.4.10(H), AUTOMOTIVE COMMERCIAL (AC) DISTRICT SPECIAL REGULATIONS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a text amendment to LDR Section 4.4.10, Automotive Commercial (AC) zoning district. BACKGROUND: The AC zoning district contains special regulations which require that whenever an existing use is expanded by 30% or more in site area, or an existing structure is increased by more than 30% in floor area, the entire site must be brought into full compliance with all provisions of the AC district. This provision is unique to the AC district. When additions are proposed to existing sites located in other zoning districts, the required upgrades are less extensive. For example, an addi tion in any other zoning district that increases building size by 25% or more triggers a requirement to bring the landscaping up to full compliance with LDR Section 4.6.16. Compliance with other codes is addressed on a case by case basis, with existing site conditions and constraints taken into consideration. This flexibility is not provided in the AC . district, and it can create difficulties when existing conditions do not meet all code requirements. In response to concerns expressed over this issue by representatives of local auto dealers, the City Commission discussed the subject at its meeting of October 4, 1994. The CommissiQn asked that the Planning and Zoning Board consider an amendment to the AC district that would allow for some additional flexibility in the required upgrades. Of particular concern 'was the 25% minimum open space requirement. Auto dealerships need to store a substantial amount of inventory on their sites, which requires a great deal of paved area. There was a feeling among the Commission that too many requirements and restrictions may discourage property owners from proceeding with expansions and improvements. On October 17, 1994, the Planning and Zoning Board considered an amendment that would have allowed for waivers of a number of development standards, when associated with the requirement to upgrade to full compliance. The Board felt that the amendment as written would have applied to too many standards, and voted 5-2 to recommend to the City Commission that it be denied. V.D. > P & Z Memorandum Staff Report LDR Amendment to AC Zoning District Page 2 Given that the open space requirement was the main concern expressed by the auto dealer's representatives, Planning and Zoning staff next conducted an analysis of existing auto dealerships to determine how many were in compliance with the 25% standard. Of the 19 dealerships that were examined, 5 met or exceeded the open space requirement. Three of those 5 are Wallace dealerships, located along Linton Boulevard. The other two, Sherwood Truck Sales and the Isuzu dealership, are on south Federal Highway. The amount of open space on the remaining sites varied from 11-19%. Staff presented the findings to the Board at its workshop meeting on November 14, 1994. Given the extent of existing nonconformities, and the need for dealerships and other auto uses to have significant paved areas for vehicle storage, staff recommended that the open space requirement in the AC zoning district be reduced, perhaps to 20%. After considerable discussion of that option, the Board was divided as to whether or not the open space requirement should be reduced, or if provisions for a waiver should be adopted. ANALYSIS: The amendment that is currently proposed would again apply only to properties that are required to come into full compliance with the LDRs as a result of an expansion in site area or building size that exceeds 30% of the existing size. The amendment adds a provision that would allow the Site Plan Review and Appearance Board to reduce the open space requirements for properties that are upgrading, based upon a finding that the reduction does not diminish the practical application of the . requirement, especially as it applies to the perimeter of the site. This language is similar to the existing LDR provisions allowing for the granting of Adjustments [Sect. 2.4.7 (C)]. The open space reduction provision would have a very limited application, but would allow for some flexibility when necessary and justifiable, where such flexibility does not now exist. - RECOMMENDED ACTION: By motion, recommend approval of an LDR amendment adding the following paragraph to Section 4.4.10, Automotive Commercial (AC) District, Section (H), Special Requlations: ( 5 ) Relief from Open Space Requirements Whenever the requirement to bring an existing site into full compliance triggers a requirement to increase the amount of open space pursuant to the provisions of Section 4.3.4 (K) , a reduction of that requirement may be approved by the Site · . P & Z Memorandum Staff Report " LDR Amendment to AC Zoning District Page 3 Plan Review and Appearance Board. Concurrent with granting a reduction to the required open space, the board must find that such reduction does not diminish the practical application of the requirement, particularly as it relates to the perimeter of the site. T.PZACAMD.DOC .~ .~~ · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER nv1 SUBJECT: AGENDA ITEM # I~E - MEETING OF JANUARY 3. 1995 FIRST READING FOR ORDINANCE NO. 2-95/NOTICE AND PROCEDURAL REOUIREMENTS FOR ANNEXATIONS DATE: DECEMBER 29, 1994 This is first reading for Ordinance No. 2-95 which amends three sections of the Land Development Regulations regarding notice and procedural requirements for annexations. The purpose of the amendments is to achieve consistency between the LDRs and the Florida Statutes, as well as with the City Charter. Also included are procedural requirements for non-voluntary annexations which previously had not been addressed in the LDRs. Please refer to the staff documentation for an analysis of the proposed amendments. The Planning and Zoning Board formally reviewed this item on December 19, 1994, and voted 5 to 0 to recommend that the proposed changes be adopted. Recommend approval of Ordinance No. 2-95 on first reading. If passed, a public hearing will be held on January 17, 1995. ~ 5'-0 ref:agmem020 ORDINANCE NO. 2-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2 .4. 2 , -NOTICE REQUIREMENTS" , SUBSECTION 2.4.2(B)(1)(a), I "ANNEXATIONS", SECTION 2.4.5(C), "ANNEXATION OF TERRITORY", AND ARTICLE 4.2, -ANNEXATION AND INITIAL ZONING", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY NOTICE AND i PROCEDURAL REQUIREMENTS FOR BOTH VOLUNTARY AND NON-VOLUNTARY ANNEXATIONS¡ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. I WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of December 19, 1994, and has forwarded the change with a recommendation of approval by a vote of 5 to o¡ and I WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the i Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the I objectives and policies of, the Comprehensive Plan. i I ¡ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Seotion 1. Tha t Chapter Two, "Administrative Provisionsll, Article 2.4, II Genera 1 Procedures", Section 2 .4. 2 , IINotice Requirements", Subsection 2.4.2(B) (1) (a), l'Annexations" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: I I (B) Public Hearing Requireaents: The following notice requirements and hearing procedures shall be complied with whenever an I action before a Board requires consideration at a public hearing. These requirements are in addition to any requirements for public hearing notice which are otherwise required by State Law or City Commission procedures. (1) Notice. All public hearings shall be noticed through letters to property owners, legal advertisements, or display advertisements as set forth below. (a) Annexations: ill Non-voluntary: Notice reqµirements contained within applioable seotions of Florida Statutes Chapter 171 shall app1v. .L2.l Voluntary: Notice requirements contained wit:hin applicable sections of Florida Statutes Chapter 171 and Citv Charter Section 2.03 shall apply. In addition. t1he same procedures as are used for noticing a I rezoning shall apply.... ~ø /,.-ø. /,.-ø.-ø.;~,.~¡:ø-ø. /V¡:~~ I t;'JS;¢t /tø /Jiøtl-¢; /'¥J;tøt; /tþ1; /')'.;'JiJiI-Jiw /;'JifJ.. ~øJiI-JiW///Jø;.t~/////~Ø~;ý;t¡///;.t///tþ1;///~f.tý ~ø__f."f.øJi / /)'.;ý;)'.¡ / It)!; / /;'~~l-tf.øJi;')'. / /Jiøtf.¢; i t;~~f.t;_;Jit'/'þ1;')'.)'./'¥J;/_;'~;1 I i 11-1 ~tt;t//tf.t.t//t;;'fJ..f.Jiw//øt//tþ1;//;Ji;.¢tf.Jiw ! ¡ øt~f.Ji;'Ji¢;¡ I;' /Jiøtf.¢; /.)!;.)'.)'. /'¥J; /JS~)6)'.I-'þ1;fJ.. I øJi¢;/;./~;;~/tøt/tø~t/¢øJi.;¢~tl-ý;/~;;~'/ I 1)!; /Jiøtf.¢; /.)!;.)'.)'. /JStøýf.~; /t)!; /øt~f.Ji;'J'1¢¢ Ji~_)6;t¡/;'/)6tf.;t/fJ..;.¢tf.JStf.øJi/øt/tþ1¢/)'.;'J'1fJ.. ¡ tØ/)6;/;'JiJi;~;~¡/;'/_;'JS/¢)'.;;.t)'.ý/')!Ø~f.J'1w/t)!¢ i ;'t¢;'¡/;'Ji~/;./.t;.t¢_;Jit/t)!;.t/tþ1;/¢ø_JS)'.¢t¢ I )'.;w;.)'. /~;.¢tf.JStf.øJi /;'Ji~ /øtfJ..I-Ji;'Ji¢; /_;'ý /)6; , ø)6t;'f.Ji;fJ.. /ttø_ /t)!; /øttf.¢¢ /øt /t)!; /~f.tý ¡ ~)'.;t~//I~)!;.tt;t/~/Ø~¡/~Øt;1 I I 11-1-1 1þ1¢ /;Ji;.¢tl-Jiw /øt~f.Ji;'Ji¢; /_~'t /.t;.tø /t;1;.t I I tþ1; /)6ø~Ji~;.tf.;ø /øt /tþ1¢ /fI,f.tý /øt /'Ø¢)'.t;.ý I J;;.¢)!/;.t;/t;~øtl-J'1ø~/_Ø/;'_/tØ/f.Ji¢)'.~~¢/t;1Ø i I tt;.¢t / /øt / /tt;.¢t. / /øt / /)'.;'JifJ.. / /.ø / /'¥J;f.J'1w I i ;'JiJi;~Ø~//l~)!;.ttØt/~/Ø~I¢Jl I I 11-f.I-J1)!;/;J'1;.¢tf.Jiw/øtfJ..f.Ji;'Ji¢Ø/')!;')'.)'./)6ø , ,i JS~)6)'.I-')!;!i /I-Ji /t~)'.)'.¡ /;.t /)'.ø;..t /Ø1iØ /tf._;¡ I '¥J;t~;;Ji //tl-t.t //;'JifJ.. //.¢¢øJ'1fJ.. //tø;'fJ..f.Jiw/ i 1~)!;.ttØt/~/Ø~1)6Jl I , Section 2. That Chapter Two, "Administrative Provisions", I Article 2.4, "General Procedures", Section 2.4.5, "Procedures for i Obtaining Development Approvals", Subsection 2.4.5(C), "Annexation of ¡ Territory", of the Land Development Regulations of the City of Delray I Beach, Florida, be, and the same is hereby amended to read as follows: I (C) Annexation of Territory: ¡ I (1) Rule: I The owner of land may seek the annexation I of contiguous property, under his ownership. The City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that I end. Further, the City may initiate annexation of property pursuant I to Florida Statutes. ~Ji~;t/tþ1f../)'.;.tt;t/¢;..;¡/tþ1;/JStøýf.'f.ø¢./øt/tþ1;.t - , 't;.t~tØ/;.t;/I-Ji/;'~fJ..l-tf.øJi/tØ/t)!;/t;~~f.t;_;Jit./¢øJit;'f.Ji;fJ../þ1¢t¢f.1i/ I I - 2 - Ord. No. 2-95 I ¡ , , I I I ! I (2) Required InforDiation: A request for voluntary I annexation shall be in the form of a Petition to the City Clerk in I which a request for annexation is made. The petition must identify ¡ the property to be annexed by legal description and must state the I desired zoning. A voluntary annexation petition 1~ must be I ! accompanied by a zoning application. In addition to information i required for the zoning action, an exhibit, prepared by a licensed I I surveyor, which shows the points of contiguity shall be provided. I I Requirements for non-voluntary annexations are pursuant to ap~licable I sections of Florida Statutes Chapter 171. I ! (3) Procedure: The voluntary annexation petition , ì shall be considered _t¢\4¡~;(J1;ø\4_¡ý with the zoning application and I shall be subject to the zoning procedures. For voluntarv annexations. i ~./;(~~t~tø., prior to second reading of the enacting ordinance by the , City Commission, notice of the annexation shall be published pursuant to 2.4.2(B)(1)(a)12l. Non-voluntary annexations require a ¡ recommendation of the Planninq and Zoninq Board. and shall be , I' processed pursuant to applicable requirements of Florida Statutes I: Chapter 171. (4) Findings: ~J1 /;(~~t"¢tøJ1 /"¢Ø /ttJ1~tJ1S_ /t;çt}4tt;~ /tøt I, ;(¢~tø. /ø. /~þ1ø /~ø.t.S /;(;;¡t¢;("¢tøJ1, /~~he City Commission must make Ii findings that the annexation ~t¡¡/.øt/¢t;;("¢;/_/.;~/~~~~tý/;.¢¡;(ý;/_~~ ,; ~þ1_~/~þ1;/_..ø~;(~tø. is consistent with Objective B-3 of the Land Use I: Element. and complies with F.B. Chapter 171. Ii Section 3. That Chapter Four, "Zoning Regulations", Article Ii 4.2, "Annexation and Initial Zoning II , of the Land Development 1 Regulations of the City of Delray Beach, Florida, be, and the same is 11 hereby amended to read as follows: Ii ARTICLE 4.2 ANNEXATION AND INITIAL ZONING Ii Section 4.2.1 Authority for Annexations: The boundaries and corporate I I' limits of the City of Delray Beach now existing may be amended from ¡i time to time, as provided by law, to extend to the ultimate municipal boundaries as shown on the Future Land Use Map. (Note: Adapted from I: Chapter II of the Charter) : ! Section 4.2.2 Requirements: ~./øt~;t/tØ/þ1_ýØ/;tøø;t~ý/_..;~;~/~Ø/tþ1; I r¡.t~1' I_;(t~ /øtØ;;tt1 /¢}4_~ /)Sø /¢ø.~tS}4ø}4_/ A voluntary petition for ! I annexation must be prepared and processed pursuant to 2.4.5(C) with , , public notice pursuant to 2.4.2(B)(1)(a)(2) and as provided for in I I Florida Statutes Chapter 171. Non-voluntary annexations must be , I prepared and processed pursuant to applicable sections of Florida Statutes Chapter 171. " I I I - 3 - Ord. No. 2-95 I I I ! Section 4.2.3 Zoning: At the time of a voluntary annexation, a zoning designation shall be applied to the property in a manner consistent with the Future Land Use Map and the Comprehensive Plan. To this end, a petition for voluntary annexation shall be processed concurrently I wi th a zoning petition. Notwithstanding the foregoing, under unique circumstances a parcel of land may be annexed with zoning of I Agriculture (A) or Open Space (OS) and then be rezoned, at a later date, through the formal rezoning processes for a designation more appropriate to the Future Land Use Map. l_Ø~Øj//~~t./t_/_/~øtt,_~tø~ I ttØ¢/~7~/Ø~Øl~1/~~t¢~/t_i~tt¢~/_~~/t~t~t.~/~ø~t~W/tØ/~_/Jr~~/~~~Ø¢¢ I øt~¢t~tøø /~tØýt~¢~/l With non-voluntary annexations. the current Countv land use and zoning designations shall remain in effect until adoption of City land use and zoninq desiqnations. The application for assiqnment of City land use or zoning designations mav be initiated by the City or the property owner. , Ii Section 4. That all ordinances or parts of ordinances in I. conflict herewith be, and the same are hereby repealed. I: I Section S. That should any section or provision of this ì I ordinance or any portion thereof, any paragraph, sentence, or word be Ii declared by a court of competent jurisdiction to be invalid, such. I decision shall not affect the validity of the remainder hereof as a 1 whole or part thereof other than the part declared to be invalid. , I " II Section 6. That this ordinance shall become effective " immediately upon passage on second and final reading. I I in regular session on second and final PASSED AND ADOPTED reading on this the day of , 1995. MAYOR ATTEST: City Clerk ¡ First Reading Second Reading ! ¡ I - 4 - Ord. No. 2-95 , í)f( t'!1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ~~ ÿZ0R $ ZON G ~ . FROM: PAUL DORLING, INCIPAL PLANNER SUBJECT: MEETING OF JANUARY 3,199~ AMENDMENT TO LDR SECTIONS 2.4.2 (B)(1), 2.4.5,and ARTICLE 4.2 REGARDING NOTICE AND PROCEDURAL REQUIREMENTS FOR ANNEXATIONS. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of LDR amendments to Section 2.4.2 (B)(l), Section 2.4.5 and Article 4.2. clarifying notice and procedural requirements. B A C K G R 0 U N D: In preparation for the upcoming referendum a review of the annexation requirements in the LDRs was conducted. During this review inconsistencies were noted between the LDRs and the Florida Statutes, as well as a lack of procedural requirements for non voluntary annexations. PROPOSED LDR AMENDMENTS: The proposed changes to LDR Section 2.4.2 (B)(l) relate to achieving Consistency between notice requirements in the LDRs and Florida Statutes for voluntary and non voluntary annexations. The proposed amendments will also add specific language for non-voluntary annexations which will require notice pursuant to applicable sections of the Florida Statutes. The proposed changes to Sections 2.4.5 (Annexation of Territory) and Article 4.2 (Annexation and Initial Zoning) will establish procedural requirements for non voluntary annexations which relate to when initial zoning designations are applied to annexed property. The amendments will also clarify the status of annexed land in the absence of concurrent processing of _ Comprehensive Land Use Plan Amendments and initial zoning designations as described under Florida Statute 171.062 ( 2) . City Commission Documentation Amendment to LDR Sections 2.4.2 (B)(l), Section 2.4.5, and Article 4.2 on Notice and Procedural Requirements for Annexations Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a public hearing on December 19, 1994. No one from the public spoke on the item. The Board voted 5-0 to recommend that the proposed changes to the LDR's be adopted by the City Commission. R E COM MEN D E D ACT ION: By motion, approve the proposed amendments to LDR Sections 2.4.2 (B)(l), Section 2.4.5 and Article 4.2. Attachment: * P&Z Staff Report * Proposed Amendment . . ; .........__--.--. ___ .__.+_ _ __~ u__ PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 19, 1994 AGENDA ITEM: V.C. LDR TEXT AMENDMENT RE: NOTICE AND PROCEDURAL REQUIREMENTS FOR ANNEXATION PETITIONS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding amendments to the LDRs Sections 2.4.2 (B)(1), 2.4.5 (C) , and Article 4.2. clarifying notice and procedural requirements for annexations. BACKGROUND: In preparation of the upcoming referendum for areas west of Military Trail a review of applicable annexation provisions of the LDRs was conducted. During this review inconsistencies were noted between the LDRs and Florida Statute notice requirements, and a lack of specific procedural requirements for non-voluntary annexations was uncovered. Attached are the proposed amendments; the following is an analysis of each. ANALYSIS: Changes proposed to LDR Section 2.4.2(B)(1), Notice Requirements, Annexations With the adoption of the LDRs in 1989, the notice requirements for annexation petitions were tailored after those contained in Florida Statutes sections 171.0413(2) (b) and 171.044(2) . Those sections required the publication of notification in a local newspaper at least once a week for 4 consecutive weeks prior to the adoption by ordinance (voluntary annexation) or referendum (non-voluntary annexation) . In the 1990 legislative session the notice requirements were amended to require notice to be published at least once a week for two weeks before adoption of an ordinance (voluntary annexation) or referendum (non-voluntary annexation). The LDRs were never changed to reflect the new requirements. Rather than repeat the notification requirements that are contained within the Florida Statutes and the City Charter, the proposed amendment will simply refer to those existing requirements. Therefore, if the statutes or charter are amended in the future, the LDRs will automatically be consistent with the amended provisions. V.C. -, Planning & Zoning Board Memorandum Staff Report LDR Amendment Re: Notice & Procedural Requirements for Annexations Page 2 . ~ - .- -- --- --.-. ~-------- 111 and modify LDR The proposed changes eliminate subsections i, 11, Section (B)(l). The requirements of subsection (i) are already contained within Florida Statute 171.0413 (2) (b) and 171.044 (2) , which are referred to in the amended Section 2.4.2 (B)(1). The provisions of Subsection (ii) are required by the Charter and included in the standard annexation ordinance preamble. Subsection (iii) is required by the City Charter Section 2.03 (b) , and will continue to be required per the amended language. The changes under Section 2.4.2(B)(1) will modify notice .- requirements so that they are consistent with current Florida Statute requirements for both voluntary and non-voluntary annexations. Voluntary annexations will continue to require the application of a zoning designation, thus, those additional notification requirements will apply. The changes will allow for savings in advertising costs, which can be substantial for publication of annexation notifications. Changes proposed to Sections 2.4.5, Annexation of Territory, and Article 4, ANNEXATION AND INITIAL ZONING. Both of the above referenced sections deal with procedural requirements of annexations, such as the information required, the manner in which zoning is applied, and the findings that must be made. Under Florida Statute 171.062 if an annexed area is subject to a county land use plan, zoning or subdivision regulations, those regulations will stay in force until the municipality adopts a Comprehensive Plan Amendment that includes the annexed area. However, procedures within the City's LDR Sections 2.4.5 and Article 4.2 require that City zoning be applied to property concurrent,with the annexation. The concurrent application of a City zoning designation is desirable with voluntary annexations, in order to ensure consistency with the City Land Use and zoning maps and with LDR.requirements. However, the procedural requirements of Florida Statute 171.0413 for non-voluntary annexations, especially in the case of a referendum, make it impractical to apply zoning concurrent with annexation. Per statute, the City must adopt an annexation ordinance at least a month prior to holding the referendum vote which would verify annexation. As the City does not have land use authority over land outside its jurisdiction, application of a City zoning designation is not immediately possible. Also, the size of property to be included in a referendum will typically exceed 10 acres, therefore, the application of a land use designation will have to await the twice-a-year amendment cycle. Given these constraints, if a referendum is successful, the County's land use and zoning designations will continue to apply until the City's designations are adopted. _.. . . , Planning & Zoning Board Memorandum Staff Report LDR Amendment Re: Notice & Procedural Requirements for Annexations Page 3 ------ The proposed amendments to the provisions concerning annexation procedures will distinguish between voluntary and non-voluntary annexations. The requirement to apply zoning concurrent with annexation will continue to apply in voluntary situations, however, annexations that are non-voluntary in nature, such as a referendum, may be accomplished otherwise. Procedures for both will continue to be in compliance with Florida statutes. RECOMMENDED ACTION: By motion, recommend to the City Commission adoption of the LDR amendments to Section 2.4.2(B)(l), 2.4.5 (C) , and Article 4.2 as attached. , Planning & Zoning Board Memorandum Staff Report LDR Amendment Re: Notice & Procedural Requirements for Annexations " Page 4 ----- --~_.- - PROPOSED AMENDMENTS TO LAND DEVELOPMENT REGULATIONS Section 2.4.2 (B)(1): (B) Public Hearing Requirements: The following notice requirements and hearing procedures shall be complied with whenever an action before a Board requires consideration at a public hearing. These requirements are in addition to any requirements for public hearing notice which are otherwise required by State Law or City .- Commission procedures. ( I) Notice: All public hearings shall be noticed through letters to property owners, legal advertisements, or display advertisements as set forth below. (a) Annexations: (1) Non-voluntary: Notice requirements contained within applicable sections of Florida Statute Chapter 171 shall apply. ( 2) Voluntary: Notice requirements contained within applicable sections of Florida Statute Chapter 171 and City Charter Section 203 shall apply. In addition, t1he same procedures as are used for noticing a rezoning shall apply~ tø ári áririétátl¢ri wItt1 té$pé¢t t¢ ñ¢tl¢é kSét¢té tt1é PláririIri~ ári~ Z¢riIri~ Z¢át~J M¢wéiétl át tt1é ~ltl ~Ø¡(uñlssIøri lrldéll tt1é á~~ltlØriál riØtl¢é té~~ltémérits st1áll kSé øá~é' (ll Xttét tltst téá~lri~ øt tt1é ériá¢tlri~ Øt~lriári¢él á riØtl¢é st1áll kSé p~kSllst1é~ ¢ri¢é á wééK tøt tø~t ¢Ørisét~tlié wééKsJ 1t1é ri¢tlté st1áll pt¢ýl~é tKé ¢t~lñárité ri~ØkSétl á kStlét ~ésttlptlØri rl>t tt1é lári~ tø kSé áririétér41 á lÓ.áp tléátlt st1øwlri~ tt1é átéál árir4 á státémérit tt1át tt1é ¢Øøplété lé~ál ~ésttIptlØri ári~ ¢t~lriárité Øáý kSé Ø16tálrié~ ttøø tt1é Øttl¢é øt tt1é ~ltý ~létK (~t1áttét ZJØ31 Þføtél (lll 1t1é ériáttlri~ Øtr4lriárité ø~st státé tt1át tt1é 16¢~ri9iátlés ¢t tt1é ~ltý øt 0éltáf Zéá¢t1 áté té9iétlrié~ sri> ás tø lri¢I~9ié tt1é ttátt øt ttátts øf lári~ s¢ 16élri~ áririété~J (~t1áttét ZJØ3(¢IÆ (llll Tt1é ériáttlri~ ¢t9ilriári¢é zt1áll kSé p~kSf Ilst1é~ Iri t~lll át léást ¢rié tIøél kSétwééri tltst áriQ.t sé¢Øñ9i téá9ilri~ (~t1áttét 2JØ3(161Æ . . , Planning & Zoning Board Memorandum Staff Report LDR Amendment Re: Notice & Procedural Requirements for Annexations Page 5 ~--~---,. Section 2.4.5 --~ (C) Annexation of Territory: ( 1) Rule: The owner of land may seek the annexation of contiguous property, under his ownership. The city may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. Further, the City may initiate annexation -- of property pursuant to Florida Statutes. \1ri!!lét tt1l~ láttét rtá~él tt1é ptr/d I~ løri~ øt tt1át ~táttíté áté Iri á!!l!!lltløri tø tt1é té~tíltémérit~ rtøritálrié!!l t1étélril (2 ) Required Information: A request for vOluntary annexation shall be in the form of a Petition to the City Clerk in which a request for annexation is made. The Petition must identify the property to be annexed by legal description and must state the desired zoning. l.t A voluntary annexation petition must be accompanied by a zoning application. In addition to information required for the zoning action, an exhibit, prepared by a licensed surveyor, which shows the points of contiguity shall be provided. Requirements for non-voluntary annexations are pursuant to applicable sections of Florida Statutes Chapter 171. (3) Procedure: The voluntary annexation petition shall be considered ~lm~ltáriéø~~lf with the zoning application and shall be subject to the zoning procedures. For voluntary annexation, prior to second reading of the enacting ordinance by the City Commission, notice of the annexation shall be published pursuant to 2.4.2(B) (1) (a) ill. Non-voluntary annexations require a recommendation of the Planninq and Zoning Board, and shall be processed pursuant to applicable requirements of Florida Statutes Chapter 171. (4 ) Findings: In á~~ltløri tø tln~lrig~ té'Í~ltéQf tøt áttløri øri tt1é iørilrig ápplItátløril t!he City Commission must make findings that the annexation wIll riøt rttéáté á riéw eø~ritf éritlá1él ári!!l tt1át tt1é áririétátIøri is consistent with Objective B-3 of the Land Use Element, and complies with F.S. Chapter 171. ARTICLE 4.2 ANNEXATION AND INITIAL ZONING Section 4.2.1 Authority for Annexations: The boundaries and corporate limits of the City of Delray Beach now existing may be amended from time to time, as provided by law, to extend to the ultimate municipal boundaries as shown on the Future Land Use Map. (Note: adapted from Chapter II of the Charter) " Planning & Zoning Board Memorandum Staff Report LDR Amendment Re: Notice & Procedural Requirements for Annexations . Page 6 Section 4.2.2 Requirements:---zrr---ørøer--t"Qr--Mâwé---ptøpéttý ib1riétéq1 tø tHé eltý¡ íálq1 ptøpéttý ~~ít ~é ¢øritl~~ø~í' A voluntary petition for annexation must be prepared and processed pursuant to 2.4.5(C) with public notice pursuant to 2.4.2(B)(1)(a)(2) and as provided for in Florida Statute 171. Non-voluntary annexations must be prepared and processed pursuant to applicable sections of Florida Statute Chapter 171. Section 4.2.3 Zoning: At the time of a voluntary annexation, a -- zoning designation shall be applied to the property in a manner consistent with the Future Land Use Map and the Comprehensive Plan. To this end, a petition for voluntary annexation shall be processed concurrently with a zoning petition. Notwithstanding the foregoing, under unique circumstances a parcel of land may be annexed with zoning of Agriculture (A) or Open Space (OS) and then be rezoned, at a later date, through the formal rezoning processes for a designation more appropriate to the Future Land Use Map. (Nøtél tHlí Is á q1étlwátløri ttø'it 1.7~'Ø~Ø(El wMI¢H téQÍ)iltéq1 áII lñItIáI iøriIñ~ tø 16é ¡(flU )iriléíí øtHét¢líé ptøwIq1éq1'~ With non-voluntary annexations the currént County land use and zoning designations shall remain in effect until adoption of City land use and zoning designations. The application for assignment of City land use or zoning designations may be initiated by the City or the property owner. T.ANXNOT.DOC