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02-07-95 Regular · DELiA Y BEACH , l 0 . lOA CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~ FEBRUARY 7. 1995 - 6:QO P.M./PUBLIC HEARING 7:00 P.M. 'IIIJ' 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 activi- ty conducted by the City. Please 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 are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state yoUr name and address for the record. 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 person will need a record of these proceedings, and for this purpose may need to ensure that a verbatim record of the proceedings is made, to include 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. S. Approval of Minutes: Special Meeting of January 10, 1995 Regular Meeting of January 17, 1995 6. Proclamations: A. Recognizing Robert W. Hayes B. Pineapple Grove Block Party - February 12, 1995 C. Random Acts of Kindness Day - February 17, 1995 D. Shrine Hospital Days - February 9-11 and 16-18, 1995 E. Red Cross Month - March, 1995 7. Presentations: 8. Consent Agenda: City Manager recommends approval. A. CHANGE ORDER/BEACH NOURISHMENT PERFORMANCE MONITORING SURVEY: Approve a change order to Coastal Planning and Engineering, Inc.'s two year performance monitoring study of the beach nourishment project to include a survey of the borrow area at a cost not to exceed $5,920.00. Funding is available from Beach Renourishment - Other Contractual Services (Account No. 332-4164-572-34.90) . B. PERIMETER LANDSCAPE WAIVER/CRA PARKING LOT: Approve a request from the Community Redevelopment Agency to waive LDR Section 4.6.16(H) (3) (a) for the parking lot located on the east side of N.W. 1st Avenue across from the Community Center, to not -2- provide a 5 foot landscape area adj acent to the north/ south alley, based upon positive findings. C. AMENDMENT TO 1995 LEGISLATIVE WORK PROGRAM: Approve a request from the Delray Beach Historical Society to amend the City Lobbyist's work program to include attention to two State Historical Museums Grants-in-Aid for Cason Cottage Museum. Matching funds and services to be provided by the Historical Society. D. TEMPORARY USE AGREEMENT /PALM BEACH COUNTY: Approve a temporary use agreement with Palm Beach County for use of the parking facilities at two County-owned properties (200 West Atlantic Avenue and 32-52 S. W. 1st Avenue) in conjunction with the Delray Beach Winter Championships. E. TEMPORARY USE AGREEMENT /CASON METHODIST CHURCH: Approve a temporary use agreement with Cason Methodist Church for use of the parking lot areas located on their property in conjunction with the Delray Beach Winter Championships. F. TEMPORARY USE AGREEMENT/GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH: Approve a temporary use agreement with Greater Mount Olive Missionary Baptist Church for use of the parking lot areas located on their property in conjunction with the Delray Beach Winter Championships. G. THIS ITEM HAS BEEN REMOVED. H. AUTHORIZATION FOR PALM BEACH COUNTY SUPERVISOR OF ELECTIONS/ MUNICIPAL ELECTION: Authorize the Palm Beach County Supervisor of Elections to handle/canvass absentee ballots and to represent the City at Logic and Accuracy testing of equipment. I. POLL WORKER LIST FOR MUNICIPAL ELECTION: Approve the list of poll workers for the Municipal Election on March 14, 1995, and authorize the City Clerk to select a sufficient number of clerks and inspectors to work the election. J. EASEMENT DEED FROM RUBY R. BENNETT: Accept an easement deed from Ruby R. Bennett granting an easement over the south 12 feet of Ms. Bennett's property for the installation and maintenance of a water main connection between Military Trail and Barwick Road. K. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions ·taken by the SCRWTD Board on January 19, 1995. L. EMERGENCY MANHOLE REPAIR/LAKEVIEW DRIVE: Approve the emergency repair by Underwater Unlimited Diving Services, Inc. of a manhole on Lakeview Drive which has severe groundwater inflow causing adjacent roadway failure. Funding in the amount of $15,000 is available from W/S - Renewal and Replacement Other Current Charges (Account No. 442-5178-536-46.90) through budget -3- transfer from W/S Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84) . M. ACCEPTANCE OF CHILDREN'S SUBSTANCE ABUSE GRANT: Accept funding in the amount of $24,000 from the Florida Department of Health and Rehabilitative Services' Children's Substance Abuse Grant to administer the Excel Focus 5 drug prevention program. N. RESOLUTION NO. 6-95: Adopt a resolution assessing costs for abatement action required to remove nuisances on 33 properties throughout the City. O. RESOLUTION NO. 7-95: Adopt a resolution assessing costs for abatement action required to remove five junked/abandoned vehicles from properties throughout the City. P. RESOLUTION NO. 8-95: Adopt a resolution authorizing the City to acquire certain vacant property located on S.W. 6th Avenue to provide for housing pursuant to the City's Affordable Housing Program, and incorporating and accepting the Contract for Sale and Purchase. Q. AWARD OF BIDS AND CONTRACTS: 1. Contract Award - for the S.W. 9th Avenue Road Construction Project to Sullivan Brothers, Inc. , in the amount of $292,400, with funding of $158,353 from Community Develop- ment Fund (Account No. 118-1964-554-60.24) , $62,400 from W/S Renewal and Replacement (Account No. 442-5178-536- 61.78), $33,747 from D.O.E. Street Reconstruction II (Account No. 228-3162-541-61.19) , $30,000 from General Street Reconstruction II (Account No. 334-3162-541-61.19), and $7,900 from W/S Renewal and Replacement (Account No. 442-5178-536-63.51) . 2. Bid award - to Best Electrical Experts, Inc. for Pompey Park Basketball Court Lighting, with funding in the amount of $26,900 from Pompey Park Court Lighting (Account No. 334-4172-572-63.01) . 3. Bid award - to Haverland Blackrock Corporation for renovation of the athletic fields at Atlantic High School. ~ The School Board has advanced funding to the City for field renovations. Funding in the amount of $41,570 is available from Atlantic High Séhool Ballfields (Account No. 334-6111-572-62.11) . 4. Bid award - to Ferguson Underground, Inc. for "Group 23 Capital Construction - Pipe and Valves", Pipe Fittings and Accessories Annual Contract, with funding in the amount of $73,585.65 from School Site "S" Force Main (Account No. 441-5181-536- 69.15) , School Site "S" Water Main (Account No. 441-5181-536- 69.16), and Water Main Extensions (Account No. 441-5161- 536-63.90). -4- 5. Bid award - to Neff Machinery, Inc. for one Bomag Vibratory Plate Compactor. Low bidder was Falcon Power Equipment. Based on intended use, staff recommends Bomag for long term maintenance, with funding in the amount of $7,845 from W/S Construction Services - Equipment (Account No. 441-5145-536-64.90) . 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 January 16 to February 3, 1995. B. AMENDMENT NO. 1 TO THE CITY'S RECOMMENDATION ON PROPOSED SCHOOL BOUNDARY CHANGES: C. CONTRACT ADDITION (CHANGE ORDER NO. 3)/SUN ART PAINTING CORPORATION: Consider Contract Addition (Change Order No. 3) in the amount of $43,650 with Sun Art Painting Corporation for additional scope of work and extend contract an additional 60 calendar days, with funding in the amount of $23,200 from W/S Building Maintenance (Account No. 441-5143-536-46.10), and $20,450 from W/S Other Improvements (Account No. 442-5178-536-46.10), pending budget transfer from W/S Renewal and Replacement - NE 3 St. from Federal Highway to NE 9 Ave. (Account No. 442-5178-536-61.35) . D. SERVICE AUTHORIZATION NO. 14/GEE AND JENSON: Consider Service Authorization No. 14 to Gee and Jenson for additional design services in conjunction with the East Atlantic Avenue Beautifi- cation project, with funding in the amount of $101,964 from D.O.E. East Atlantic Avenue (Account No. 228-4141-572-61.73) . E. POMPEY PARK POOL CONSTRUCTION SCHEDULE: F. SERVICE AUTHORIZATION NO. 23/HAZEN AND SAWYER: Consider Service Authorization No. 23 to Hazen and Sawyer for profes- sional consulting services in conjunction with the Intracoastal Waterway utility main crossings. Funding in the amount of $30,600 is available from W/S Renewal and Replacement - Intra- coastal Crossing Replacement (Account No. 442-5178-536-31.90) . G. STEERING COMMITTEE FOR DELRAY CENTENNIAL COMMITTEE: Consider the formation of a steering committee for the Delray Beach Centennial, to coordinate the activities and events. H. AGREEMENT WITH FREDDA WEINBERG/DELRAY ONLINE: Consider agreement with Fredda Weinberg for "Del ray Online". 1. HEALTH INSURANCE CONTRACT EXTENSION: Consider approval of a third year contract extension with Acordia of South Florida for employee and dependent health insurance coverage. -5- J. INTERLOCAL AGREEMENT WITH THE CRA: Consider Interlocal Agreement between the City and the Community Redevelopment Agency for the Tennis Center contribution from the CRA, and approving in concept the City's acquisition of the Monterey House. K. SETTLEMENT/CARLINE HANNA v. CITY OF DELRAY BEACH: Consider settlement of this case in the amount of $16,650.00, with each party bearing its own attorney's fees and costs, and subject to receipt of appropriate releases. L. SETTLEMENT OFFER/LEVY v. CITY OF DELRAY BEACH: Direction concerning settlement negotiations. 10. Public Hearings: A. ORDINANCE NO. 7-95: An ordinance amending Section 101.35(F) of the City Code by increasing the permit fee for boat storage on the municipal beach. B. ORDINANCE NO. 8-95: An ordinance designating the Solomon D. Spady House located at 170 N.W. 5th Avenue as a local historic site. C. ORDINANCE NO. 9-95: An ordinance designating the Susan Wil- liams House located at 30 N.W. 3rd Avenue as a local historic site. 11. Comments and Inquiries on Non-Agenda Items from the Pub1ic- 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. 12-95: An ordinance amending Section 4.3.4(K) of the Land Development Regulations to reduce the open space requirement in the CBD (Central Business District) zoning district. If passed, public hearing on February 21, 1995. B. ORDINANCE NO. 13-95: An ordinance increasing the City's parking fines consistent with amounts discussed at the November 8, 1994 Commission worksession, and other modifications as indicated in the attached material. If passed, public hearing on February 21, 1995. C. ORDINANCE NO. 10-95: Future Land Use Map Amendment (small scale) from General Commercial to Medium Density Residential for a two-acre commèrcial component of the former Marina Cay site located on the east side of North Federal Highway, immedi- ately south of the Delray Swap Shop. If passed, public hearing February 21, 1995. -6- · . D. ORDINANCE NO. 11-95: An ordinance rezoning from SAD (Special Activities District) to RM (Medium Density Residential) for the former Marina Cay site, a parcel of land located on the east side of North Federal Highway, immediately south of the Delray Swap Shop. If passed, public hearing on February 21, 1995. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission ~ -7- . '~/ ~. tJv1 WHEREAS , Robert W. Hayes has been a member of the Greater Delray Beach Chamber of Commerce since 1975; and, WHEREAS, Bob has served as Chairman of the Board of the Greater Delray Beach Chamber from January 1, 1994 to December 31, 1994; and, WHEREAS, under Bob's leadership, the Chamber met and/or exceeded over 90% of the Program of Work goals including: · A retention program which held 1994 losses to a record low of only 12%; · Implementation of a new Leads Program; · Development through the Tourism Committee of the first "local" FAM to show our businesses the outstanding facilities available here in Delray Beach; · Development through the Council of 100 of a Business Development and Retention breakfast program to recognize companies with 30 or more employees; · Development of a year round membership development program entitled "1000 Before 2000", which exceeded all goals and has brought membership to over 830 thus far; and, WHEREAS, during Bob's tenure as Chairman, the Chamber of Commerce saw the Delray Affair set record numbers wi th over 250,000 persons in attendance and a direct economic impact of over 7 million dollars; and, WHEREAS, Bob Hayes has contributed his leadership and talents to strengthen our community which has been recognized by Florida Trend magazine as "The Best Run Town in Florida"; and, WHEREAS , Bob recently cOI1,ducted a successful campaign to be elected as a Palm Beach County School Board member. NOW, THEREFORE, I, THOMAS E. LYNCH. Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby join in the honoring of , ROBERT W. BAYES in recognition of his many accomplishments and years of dedicated service to his community through the Greater Delray Beach Chamber of Commerce. 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 7th day of February, 1995. MAYOR THOMAS E. LYNCH SEAL b.A ðl( øV1 WHEREAS, the "Pineapple" is traditionally the symbol of hospitality, therefore it is fitting that the Pineapple Grove Main Street Program present its first annual "Taste of the Grove"; and, WHEREAS, the Pineapple Grove Block Party will be held within the historic Pineapple Grove Neighborhood, on N.W. First Street, between Swinton Avenue and N.W. First Avenue, on Sunday, February 12, 1995, between the hours of 4:00 p.m. and 8 : 00 p. m. ¡and, WHEREAS, there will be live music by a variety of musical groups along with a great selection of exceptional wines and other beverages; and, WHEREAS, Delray Beach chefs and restaurateurs are joining together to create unusual pineapple dishes to accompany fish, pineapple desserts and many other delicious recipes created especially for the event; and, WHEREAS, the purpose of this great food and wine extravaganza is to raise funds for relief efforts to help end world hunger; and, WHEREAS, all of the proceeds raised from this gala event will be presented to' South Palm Beach/Broward County "Share Our Strength (SOS) Taste of the Nation" program which last year, nationwide, raised over $5 million dollars. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby acknowledge and support the efforts of the PINEAPPLB GROVE BLOCK PARTY and urge all of our citizens to come out and join The Annex, Boston's, Busch's, the Colony Hotel, Damiano's, Doc's, Elwood's, Erny's, The Fifth Avenue Grill, Giacomo's, the Holiday Inn Seacrest, In Chocolate, . Ristorante Luna's, Paoletti's, the Rod & Gun Club, Rosie's, the Royal Britannia, the Seagate Hotel, Cappuchino's, the Sundy House and Vittorio's in this festivity to benefit hunger relief. 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 7th day of February, 1995. MAYOR THOMAS E. LYNCH SEAL 10·6 . I \ ~ L~Ì'-~\ WHEREAS, Random Acts of Kindness are those sweet or lovely things we do for no reason except that momentarily, the best of our humanity has sprung into full bloom; and, WHEREAS, when we step outside the arena of the normal boundaries of our lives that our kindnesses, too, move beyond the routine and enter the realm of the extraordinary and exquisite. Instead of being responsible good deeds they become embodiments of compassion; and, WHEREAS, to become the perpetrator of Random Acts of Kindness, then, is to become in some sense an angel; for it means you have moved beyond the limits of your daily human condition to touch wings with the divine; and, WHEREAS, people across the country will be joining forces for National Random Acts of Kindness Day on February 17, 1995. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby declare February 17, 1995 as RANDOM ACTS OF KINDNESS DAY in Delray Beach, Florida, and encourage all of our citizens to become the person to give Random Acts of Kindness and share this ideal with family, friends, acquaintances and strangers and live with a part of the movement in their hearts every day. 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 7th day of February, 1995. .. MAYOR THOMAS E. LYNCH SEAL b·(! . or< ~ WHEREAS, one of our greatest resources is our children; and, WHEREAS, one of the world's most benevolent guardians of those resources is the Shrine Hospitals for Crippled Children and Burns Institute; and, WHEREAS, nineteen (19) Orthopedic Shriners Hospitals and three (3) Burns Institutes throughout the United States, Canada and Mexico are dedicated to the great task of curing or helping afflicted children without regard to race or religion or ability to pay; and, WHEREAS, Shriners throughout North America have raised millions of dollars to support the Shrine Hospitals and Burns Institutes to ensure a brighter future for these and future generations; and, WHEREAS, each year the Shriners of Amara Temple conduct a Fund Crusade for the purpose of raising funds for this worthy cause. All participating Shriners will be wearing a yellow apron, their red Fez and in possession of their Shrine membership cards. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim February 9 through February 11, 1995 and February 16 through February 18, 1995 as SHRINE HOSPITAL DAYS in recognition of the outstanding and unsèlfish work of the Shriners of North America and urge all our citizens to join me in recognizing this great service. 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 7th day of February, 1995. MAYOR THOMAS E. LYNCH /;·D. qp? T. . . ct< [~f/I WHEREAS, the American Red Cross is one of the largest and oldest social service organizations in America; and, WHEREAS, volunteer and financial contributions are needed more now than ever before to meet the needs of our citizens; and, WHEREAS, the Red Cross is mandated by an Act of Congress to perform two vital functions for our nation. These are, service to military families and disaster relief (including fire, flooding, and hurricanes); and, WHEREAS, volunteers make it possible for the Red Cross to collect and provide blood to the ill and injured, provide emergency assistance to disaster victims and to respond to the emergency needs of armed forces personnel and their families and dependents; and, WHEREAS, Red Cross volunteers conduct thousands of courses in health and safety. In addition, the Palm Beach County Chapter offers education and training in first aid, CPR and HIV/AIDS education in our community. WHEREAS, William Clinton, President of the United States, has proclaimed the month of March, 1995, as American Red Cross Month. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim March 1995 as RED CROSS MONTH in the City of Delray Beach, Florida, and urge all residents to donate their time and their resources to support Red Cross activities. 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 7th day of February, 1995. . MAYOR THOMAS E. LYNCH , SEAL b·E. , . ( RESOLUTION NO. 9-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING THE EMPLOYEES, VOLUNTEERS, ORGANIZATIONS AND CITIZENS OF THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, received the 1993 A11-Aaerica City Award; and WHEREAS, the City of Delray Beach has received the Florida Main Street designation; and WHEREAS, the City of Delray Beach has received recognition as -The Best Run Town in F1orida· by Florida Trend magazine. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:. Section 1. That the City Commission of the City of Delray Beach, Florida, does hereby applaud and cheer the City . Manager, Assistant City Manager, City Attorney, Department Heads, all of the City's employees, all of our many volunteers serving on City Boards and throughout the City, the Chamber of Commerce, the Atlantic Avenue Association, the Community Redevelopment Agency, the Downtown Development Authority, the Joint Venture, the Delray Merchants Association, the Presidents' Council, and all the active citizens of our fair City. See t i 0 11.....2...,.. That the City Commission does hereby recognize and commend ALL for a job well done. WE .ARE WHAT WE HAVE BECOME BECAOSE OF YOO! PASSED AND ADOPTED in regular session on this the 7th day of February, 1995. .~" ATTEST: M Þ 0 R Lý}Jy kf~ 1k7f¡¡- City lerk · - ~- UJIf.$ Ihlop I8L ic-¡ 7/;£ 1tIIm::/-;&i 1?&5olú.f/r·ol? ú/},:rrJlmou.s vole.- of!- ~£ e"4 {J,mmiSs/ðn 01} çE.i;~ 7Y1? .It¥-- WR~ f;~kcI b'l ~E- (bmll7/~l'ð/) in ~£.(!°9n¡.J¡or) 0# 19- JO 6 -WE./! <l'o.t1ê Ixt /HI /ll1-med. X-I- iShOLJcL hE..- puN/shEd /n ~ E.. /) ~ nv¡:}dft-b/£ tJr!M.J,s ú../Qu£ /IS WE/I I9s ¡()eu.;s 101=- j.}Et9h&ehoocls. -¡J; 191? K... "'tXL - Al/~n él/~ /96 , " I( ê7v'ì CITY COMMISSION DOCUMENTATION TO: ,arJen, ~anager THROUGH: Nez, eW. anning and Zoning FROM: John Walker, Project Coor inato~ p{J~~ SUBJECT: MEETING OF FEBRUARY 7, 1995 ¡j CHANGE ORDER - BEACH NOURISHMENT - TWO YEAR PERFORMANCE MONITORING SURVEY ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of a change order to the two year performance monitoring survey of the Beach Nourishment Project. BACKGROUND: The performance monitoring survey was approved in December without the inclusion of a borrow area survey. While a survey of the borrow area was required by the state permit, staff was attempting to have the condition removed. Ultimately, we were not successful in removing the condition for this year. However, the Department of Environmental Protection has agreed to reconsider our request based on the results of this year's survey. Since we expect the survey to show no change to the borrow area, we should be able to have the condition removed for future years. This item is covered in our contract with Coastal Planning & Engineering, Inc. Funds are available in the Beach Restoration Fund. The entire cost will be reimbursed from Federal, State and County appropriations. RECOMMENDED ACTION: By Motion, approve a change order to the Two Year Beach Performance Monitoring Survey at a cost not to exceed $5920. as requested in the attached correspondence from Coastal Planning & Engineering, Inc. Attachments: * Letter from CPE * Letter from FDEP T:\advanced\SURVEY5.DOC ~·A . . . (:{)^~JT^I F. nCrAN rN[~'Nf{ HINn CU^!j1^L !")U'(VLV!'ì COASTAL PLANNING & ENGINEERING, INC. DIOLOGICAL 51UlJl[S GEOTECHNICAL SERVICES BOCA RATON: 24B1 N.W BOCA RATON BOULEVARD. BOCA RATON FL 33431 (407) 391-8102 TELEFAX (407) 391-9116 .JACKSONVILLE: 1542 KINGSLEY AVENUE. SUITE 142E. ORANGE PARK. FL 32073 (904) 264-5039 TELEFAX (904) 264-5039 TOMS RIVER: 250 WASHINGTON STREET. SUITE B. TOMS RIVER. NJ OB753 [90B) 244-3366 TELEFAX (90B) 244-3664 4818.93 January 11, 1995 Mr. John Walker Project Coordinator City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Proposal for Borrow Area l\lonitoring Study Dear John: Our request for a waiver to Special Permit Condition 3 of the requirement to conduct annual surveys of the borrow area used for the 1992 beach renourishment project was not approved by the Florida Department of Environmental Protection. The FDEP did not find the historic data, that we had provided, to be sufficient to justify a waiver. However, they left the door open for requesting a waiver next year. The FDEP requirement for the two-year follow-up annual survey of the borrow area is now due. Attached is a cost estimate to conduct the borrow area survey. We will use a fully automated hydrographic survey system interfaced with DGPS and survey fathometcr. Line spacing will be 200 feet across the two sites of the 1992 borrow areas. We will include a portion of the previous borrow area to help in the assessment that no filling is taking place. Bathymetric charts will be computer generated to meet state permit requirements. Data and plots will be incorporated in the 1992 Annual Monitoring Report. The cost of the borrow area survey and analysis is $5,920. Please approve this proposal at your earliest convenience so that we can include the results in the Monitoring Report. , If you should have any questions, please call me. ~~rcIEllWIEJD) Very truly yours, ,UN 13 191) COASTAL PLANNING & ENGINEERING. INC. ~//'<;/;¿ç ':..;.., .---~:- PLANNING &. ZONING /. Kim E. Beachler, P. E. Vice President prp9502:481893.011 cc: Elizabeth McCarthy Tom Campbell Jeff Andrews - 5. BORROW AREA SURVEY { 2 YR. POST -CONSTRUCTION I PERSONNEL (HOUriS) EQUIPMENT (DAYS) FATH- COAST OC. PE CII! STI ST2 D DGPS OMETER PROG. BOAT ------------------------------------------------------------------------------------------------- A. SHORE CONTROL SURVEY 1. MOB/RESEARCH/PLAN 2 2 2 2. CAL. DGPS 2 2 B. BATHEMETRIC SURVEY 1. MOB/RESEARCH/PLAN 1 4 2 2 2. SET TIDE GAUGE 2 2 3. HYDROGRAPHIC SURVEY 8 8 8 1 1 1 1 4. DEMOB 2 2 C. DATA ANALYSIS 1. DATA REDUCTION 2 6 12 4 2. BATHYMETRIC CHART 4 6 8 3. DATA CONVERSIONS 2 2 ------------------------------------------------------------------------------------------------~ TOTAL HOURS 3 28 38 16 12 1 1 1 1 RATE 3851 24.~5 14.54 11.41 15.45 400 100 250 400 MULTIPLIER 2.75 2.75 2.75 275 2.75 1 1 1 1 SUB- TOTALS 317.7075 1921.15 15tg.43 502.04 50g.as 400 100 250 400 SUB TOTAL S5,g20 , 81-84-1335 83:53~~ ;::-:;::]"1 T::I 2..ß 7221 ;:'. .:J¿ - . ,. , "f' 1!J)1[~!:OK ," n "-,, ~~.r~ ~~"":J~-.':-\ - .,:f.'''' - ¡ ¡: I ~: ~.;,: ¡! '. .: I : ~; ~"? .,. ...;; Department of L ;~~.-_.._...../ - .. ---"J;\ ¡ ,! Õ:;-. . . I [II DEC 1 6 :,n4 :iii ~~. . ~ :r Environmental Protection ~~.~Vii~9Y:?-~~}t:· Marjory $tonemJ,1' Dcx.gl3s Budding /(", Kß -==C I '5A ~awton Chiles 3900 CcrnmonV\le~lth Boolev¡rd V"-giTll3 B Wel"orr,," Governor" T3I1a!';¡ssee. Fenda 32399-3000 ~crc:ar~ December ) 2. 1994 Kim E. Beachler, P.E., Vice President Coastal PlaJUÚng & Engineering, Ine. 2481 N.W. Boca Raton Boulevard Boca Raton, Florida 33431 Dear Mr. Beachler: Permit Number: OB5890242 PB Permittee Name: City of Delray Beach This is in response to your request for a wavier of the requIrement to conduct survc=ys of the borrow area used for the most recent beach nourishment project in Delray Beach. Pursuant to Special Permit Condition 3, preconstruction and postconstrucùon surveys of the borrow area and annual surveys lhere<lfter shall he submitted to the Department. After a review of your request, the Bureau staff has determined that a wavier of the survey cannot he recommended tor approval. The eJeisting information regarding the response: of the borrow area it? not extensive and does not provide adequate evidence to predict the response of the borrow area to future dredging activity. Submitt21 of the required survey is now due; however, after review of the borrow area survey the Buruu staff will reconsider your request for wavier of future surveys. If I may he of any further assistance, please contact me at the letterhead address (add Mail Station 310) or by telephone at 904/487-4475. Sincerely, , ß4/ A1.6Þ,,-,~¿ Robert M.. Brantly, n.E. Bureau of Beaches and Coastal Systems RMB "P,··ct~C!. (o.~s e!""'~ air: :\ 1orcs~ ~cr ~:.;', Er" ..;~,- rr;':#!,"'~ ~r'~ '''(n~: r"; ,~~~ :)¡: ('~s" " r:<'~ =:'~ ·tCf:·t...~ fC;:U TJFL ;:>.J2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER £0'1 SUBJECT: AGENDA ITEM # ¡.f;. - MEETING OF FEBRUARY 7. 1995 PERIMETER LANDSCAPE REOUIREMENTS/CRA PARKING LOT DATE: FEBRUARY 3, 1995 This is before the Commission to approve a waiver request from Land Development Regulations Section 4.6.16 (H) (3) (a) requiring a five-foot landscape area adjacent to dedicated rights-of-way. This waiver is for development of a public parking lot by the Community Redevelopment Agency, located on the east side of N.W. 1st Avenue, between West Atlantic Avenue and N.W. 1st Street. Pursuant to the LDR Section cited above, the eastern property line is required to be buffered by a five-foot landscaped area. The parking lot and the two historic homes are being constructed as one development, and no vehicular traffic will use the north/ south alley right of way. It will be sodded and used for pedestrian travel; therefore, the landscaped perimeter area is not needed, and a waiver from the code can be supported. The Historic Preservation Board formally reviewed this item on January 18, 1995 and recommended approval of the waiver request. Recommend approval of the request for waiver of the requirement within the Land Development Regulations to provide a five-foot landscape area adjacent to the north/south alley of the CRA's parking lot. ~~ on ~ /'- ~f:;;1) / ' ,- C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: FROM: SUBJECT: MEETING OF FEBRUARY 7, 1995 **CONSENT AGENDA** CONSIDERATION OF A WAIVER TO PERIMETER LANDSCAPE REQUIREMENTS FOR THE CRA PARKING LOT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a landscape waiver request associated with the development of a public parking lot by the Community Redevelopment Agency. The project is located on the east side of N.W. 1st Avenue, between West Atlantic Avenue and N.W. 1st Street. This waiver request is being processed pursuant to LDR Section 4.6.16(C)(2), Compliance and Relief. B A C K G R 0 U N D: The CRA recently submitted plans to develop a 50 space parking lot along N.W. 1st Avenue. The parking lot is part of the CRA's redevelopment project for Block 60, Town of Linton. The CRA's plan also includes the siting of two historic homes, moved from West Palm Beach, directly east of the parking lot. During review of the site plan, it was discovered that the eastern property line is adjacent to a 16' dedicated alley right-of-way. Pursuant to LDR Section 4.6.16(H)(3)(a), a 5' landscaped area is required along dedicated rights-of-way. Therefore, the eastern property line is required to be buffered by a 5' landscaped area. The intent of this code section is to buffer adjacent properties from travelways. However, the development of the parking lot, and the historic homes to the east, creates a unique situation. While separate, the parking lot and historic homes are being constructed as one development. In addition, no vehicular traffic will use the north/south alley as it will be sodded and used for pedestrian travel. Therefore, the landscaped area is not needed and a waiver from the above code section can be supported. City Commission Documentation CRA Parking Lot Landscape Waiver Page 2 R E QUI RED FIN DIN G S: Prior to granting a waiver, the granting body shall make a finding that the granting of the waiver: A) Shall not adversely affect the neighboring area. North of the parking lot are existing duplexes, south is an east/west alley, and east are the historic homes. As the landscaped area would only benefit the historic homes and the parking lot and historic homes will operate jointly, the granting of the waiver will not adversely affect the neighboring area. B) Shall not significantly diminish the provision of public facilities. The north/south alley, along with the water and sewer facilities located in the alley, are the only public facilities close to the subject area. The alley will not be impacted by the waiver and thus, no public facilities will be diminished. C) Shall not create an unsafe situation. The landscaped area does not impact upon the development in such a way that safety is an issue. D) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Similar circumstances have occurred where an applicant was granted a waiver from the subject code section. Therefore, no special privilege is being given in this instance. HISTORIC PRESERVATION BOARD CONSIDERATION: The Historic Preservation Board formally reviewed this item at its meeting of January 18, 1995 and recommended to the City Commission approval of the waiver request from LDR Section 4.6.16(H)(3)(a), to not provide a 5' landscape area adjacent to the north/south alley. City Commission Documentation CRA Parking Lot Landscape Waiver Page 3 R E COM MEN D E D ACT ION: By motion, approve the request to waive the requirement within LDR Section 4.6.16(H) (3) (a) to provide a 5' landscape arec3;, adjacent to the north/south alley of the CRA's parking lot. Attachment: * Location Map & Landscape Plan Y:CRALS.DOC II 1 - - ~ I ~ .j > k-i f---- .« .... - i" r:;c ·~=I -< ~ ~ ~ I- -- I-. "r--- ~ l- i--- I--- '---- l- i--- I--- gj ~ - tï§ - r--- - rrr IT ~.'" == ¡ ; N.W. 2ND ~T. N.E.. 2ND _ST. ~ t= ir- e Z I I N ~: ~ !r= w - o'f-- - :J e Ißg - t;; z ~ Z - N ~ ~ ~ W - :i cm HAll > - <£ ,'1m N.E.. 15T 5 . ~ ..J ~ ~ ~ I ¡ I '"'.. OLD 7J ~ ~ SCHOOL - Z sOUÁ.~ 1 - I - - TlliSIS T I OJ]]]]]]]] ST ADIUI.4 [[]]]][l]] i l 1 ATLANTIC AVENUE ~ POUŒ SOO1H !OIJJflIÐ []]]1W []J 'I lIe ~ DEPARn.lENl :i COUNTY 0( :< COURT < -=~< §j I~ - HOUSE ~~ ~~ f - ·1 I Iz ~--! ~ ~ ~ - - /I ¡h <ê I'-~ 3--1 -' -. '-i S.W IS1 ST. lI) S.E. 1ST --" ST. WIIII .....- - /I OI[[] :1 ~ 0 ~ ~ Z N f-- w I ~ ~ -~ II! vi - -~ - - - -~ - -' ,I ~ 3i II II I II I ~ vi -- - - N --- --- ~ ------ - - C.R.A. PARKING LOT PU.NNIHC 00'1oRNOH OT'( or 00JI1oY BtAD1. A. - - cxClr AI &tS1: JJ»' S'r7>"f[;W -- · . LANJsc¥ 4R.fA I N ø' I l- I >- I L.J I --' I ( ~\ <.D I ...- I I o- J - ~s ?-~ '\0! "';1 NI "'-1 I r I :\ j.o:o I I l- I - 0 I ê'o --- I --- - - ..-- - ---'---- - ~ - -- 131.6' ----- - .... ~ i ç; AUq .1 \ , [ITY DF DELIAY BEA[H DELiA Y BEACH CITY CLERK f L 0 . IDA 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 b:ed rrïir 1993 February 8, 1995 Mr. Christopher J. Brown Executive Director Community Redevelopment Agency 207 East Atlantic Avenue Delray Beach, FL 33444 Re: Ap?roval of Waiver Request/CRA Parking Lot Dear Chris: Please be advised that the Community Redevelopment Agency's request for a waiver from LDR Section 4.6.16(H) (3) (a) to not provide a 5 foot landscape area adjacent to the north/south alley in conjunction with the development of the parking lot within Block 60, was approved by the City Commission in regular session on February 7, 1995. If you have any questions, please do not hesitate to contact; me at 407/243-7050. Sincerely, ~ Ylþc JI~J!o;i;¡- Alison MacGregor Harty City Clerk AMH/m cc: Diane Dominguez, Director of Planning and Zoning Steve Taylor, Planner @ Prinied on Recycled Paper THE EFFORT ALWAYS MATTERS . . M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {1;v1 SUBJECT: AGENDA ITEM # ~ .(J . - MEETING OF FEBRUARY 7. 1995 AMENDMENT TO 1995 LEGISLATIVE WORK PROGRAM DATE: FEBRUARY 3, 1995 We have received a request from the Delray Beach Historical Society for assistance from our lobbyist, Kathy Daley, in efforts to secure two State Historical Museums Grants-in-Aid for Cason Cottage Museum. The Historical Society will provide the required matching funds and services. Since Cason Cottage is owned by the City and provides educational services to the entire community, I believe the request is appropriate and recommend that it be approved. ~ 0/1 ém·~ ref:agmemo10 2/1/95 c: City Commission, City Manager delroy beoc istoricol society RECEIVED Mayor Tom Lynch FfB 2 1995 City of Delray Beach 100 N.W. First Avenue CiTY M~" '--'; nFFICE Delray Beach, FL 33444 Dear Mayor Lynch: As you know, the Delray Beach Historical Society has applied for two state matching Historical Museums Grants-in-Aid for Cason Cottage Museum. One grant is for General Operating Support with funds of$13,383 requested. The Historical Society will match this with $13,383 from their budget for Cason Cortage. An educational exhibit grant is the second application. We have requested $7,937 for a permanent exhibit titled "Electricity Comes to Delray Beach--The Impact of Mechanization on the Home." We will also match this amount with $7,937 in funds and services. The complete title of the state agency applied to is: Florida Department of State, Division of Historical Resources. The address is: Museum of Florida History, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. Holly Beasley is the Grants Manager for the Museum of Florida History. Grant Review will be held before the Advisory Committee appointed by the Secretary of State on March 14, 15, and 16,1995. Since Cason Cottage is owned by the city and the exterior is maintained by the city, we would like to request that the agenda for city lobbyist, Kathy Daley, be amended to include attention to the grants for Cason Cottage. We feel that these grants are critical to the establishment of an excellent permanent exhibit at Cason Cottage as well as providing expanded educational services to the community. Please ask the City Commissioners to grant our request. We will be glad to answer any questions you may have. Sincerely, Ç'M ~-<pÇ-- Fred B. Devitt, III President -- -- Cason Cottage Museum, Five Northeast First Street. Delray Bcach, FL 33444 Cornell Archives Room, Comer Atlantic & Swinton Avenues. (407) 243-0223 . Fax (407) 243-1062. Archives (407) 274-9578 - 6. Proclamations: 6.A. Recoanizina and commendina Judy McConnell. Habitat for Humanity. Mayor Lynch presented a proclamation commending Judy McConnell for her excellent work for the Habitat for Humanity. 6.B. Recoanizina the 30th Anniversarv of the Delray Art Leaaue. Mayor Lynch read and presented a proclamation in recog- nition of the 30th Anniversary of the Delray Art League and en- couraged the League to continue to advance the public interest and growth of creative art in Delray Beach. Catherine Marshall and Jim Wood came forward to accept the proclamation. 6.C. Red Ribbon Week - October 24 to 28. 1994. Mayor Lynch read and presented a proclamation proclaim- ing the week of October 24 to 28, 1994 as Red Ribbon Week and encouraged all citizens to participate in drug prevention educa- tion activities, making a visible statement that we are strongly committed to a drug free community. Lt. William McCollom, Delray Beach Police Department came forward to accept the proclamation. 6.D. ODerator AÐÐreciation Weeks - October 17 to 28. 1994. Mayor Lynch acknowledged October 17 to 28, 1994 as Operator Appreciation Weeks and stated that he will personally present the proclamation at a meeting to be held at Southern Bell on October 19, 1994. 6.E. nMake a Difference" Day - October 22. 1994. Mayor Lynch presented a proclamation recognizing Octo- ber 22, 1994 as "Make a Difference" Day. 6.F. Year of the Celebration of the United Nations' 50th Anniversarv. Mayor Lynch presented a proclamation recognizing the Year of the Celebration of the United Nations' 50th Anniversary. ~ Presentations: ~ 7.A. Kathleen Daley - 1995 Leaislative Session. Ms. Daley briefly noted the highlights of the 1994 Legislative Session and read into the record the preliminary work program for the 1995 Legislative Session and highlighted the following highlights of bills: 1) legislation regarding Communi- ty Redevelopment Agency; and, 2) re-use of wastewater which is a priority issue in the State of Florida. There are several pro- -2- 10/18/94 - posals which are forthcoming, such as creating a State Water Agency; procedures for establishing and amending water policies by the Land Use and Water Planning Task Force; and a proposal for tax for water use. Another priority of local governments is access to public officials. Ms. Daley noted that several recom- mendations of Visions 2005 relate to juvenile offenders such as Parenting Classes for Repeat Juvenile Offenders, sentencing of community service and stronger penalties for criminals. In conclusion, Ms. Daley noted that she would check into several concerns and/or issues expressed by the Commission such as the possibility of the City taking over the schools located within its jurisdiction; addressing DOT's program for North Federal Highway; and, the possibility of obtaining funding from the State for the library. Ms. Daley stated that she will return in January, 1995 to report further activities of the Legislative Session. ~ Matt Gracev - Tennis Center Patrons Program. Matt Gracey, representing the Tennis Center Patrons Program, gave a first year report and expressed his appreciation to the Commission for their support. He complimented Joe Wel- don, Director of Parks and Recreation and Pam Post, Recreation Supervisor for their support and professional accomplishments. Mr. Gracey noted that one of the programs sponsored by the Tennis Center Patrons during this past summer was the Youth Clinic which consisted of approximately 400 youths during a period of eight weeks. After the summer program a tennis carni- val was held and youngsters could sign up for the fall instruc- tional program or the Delray Junior Team Tennis. One of the goals the committee set was to reach minority youths, and anoth- er was to become a 100% voluntary program. As of this time they have met both of these goals. He was pleased to report that the Tennis Center Patrons have raised approximately $39,000 to date. Mr. Gracey thanked the Commission for approving the six month tennis membership scholarship and for allowing their program the use of the Tennis Center which has contributed to their first years' success. On behalf of the Commission, citizens and youths of the City, Mayor LYnch expressed appreciation to Mr. Gracey and the Patrons of the Tennis Center for the succeês of the Tennis Center Patrons Program. Mr. Randolph suggested that Mr. Gracey should get involved in the new Joint Venture for charities for potential funding. 7.C. Gee and Jensen - Pomoev Park Pool. -3- 10/18/94 · :' K tYl CITY COMMISSION DOCUMENTATION TO: David T. Harden, City Manager THROUGH: D~~~Director of Planning and Zoning FROM: John Walker, Project coordinato~ ¿tI~ SUBJECT: MEETING OF FEBRUARY 7, 1995 *** CONSENT AGENDA *** TEMPORARY USE AGREEMENT FOR THE DELRAY BEACH WINTER CHAMPIONSHIPS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a temporary use agreement with Palm Beach County for parking needed in conjunction with the Delray Beach Winter Championships. BACKGROUND: The parking program for the 1995 tennis tournament, as in previous years, requires the use of two County-owned parcels. Use of these parcels requires execution of a Temporary Use Agreement with Palm Beach County. The agreements proposed for the 1995 tournament are essentially the same as for the 1994 tournament. The subject properties are: 200 West Atlantic Avenue - This facility is the South County Courthouse. The facility will be available for general parking in the evenings and on weekends. 32-52 S.W. 1st Avenue - This facility is the old Delray Shopping Center. The facility will be used for tournament staff parking. RECOMMENDED ACTION: By motion, authorize the Mayor to execute a Temporary Use Agreement with Palm Beach County for use of 200 West Atlantic Avenue and 32-52 S.W. 1st Avenue. Attachment: * Temporary Use Agreement T:\advanced\CHAMP14 r¡. D· I PALM BEACH COUNTY REAL PROPERTY TEMPORARY USE AGREEMENT between . PALM BEACH COUNTY, FLORIDA a political Subdivision of the State of Florida and CITY OF DELRAY BEACH, FLORIDA , rrmr\delray3.agr 01/03/95 I TABLE OF CONTENTS . PAGE ARTICLE I BASIC PROVISIONS Section 1. 01 Premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 section 1.02 Length of Term and Commencement Date......... 1 section 1.03 Ren t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II CONSTRUCTION OF PREMISES Section 2.01 Acceptance of Premises. . . . . . . . . . . . . . . . . . . . . . . 1 section 2.02 Alterations................................. . 1 ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY . Section 3.01 Use of Premises and Hours of operation.... ... 1 section 3.02 Waste of Nuisance............................ 2 Section 3.03 Governmental Regulations. . . . . . . . . . . . . . . . . . . . . 2 section 3.04 Surrender of Premises. . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES section 4.01 Responsibility of city............... ........ 2 ARTICLE V INSURANCE AND INDEMNITY section 5.01 Liability Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . 2 section 5.02 Indemnification .... .......... ....... ........ 2 ARTICLE VI ENFORCEMENT COSTS.... ........................ 3 ARTICLE VII MISCELLANEOUS , section 7.01 Entire Agreement. .... ........................ 3 section 7.02 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 7.03 Waiver of Jury Trial........ ................. 4 section 7.04 Go v ern i n g La w. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 I section 7.05 Time of Essence.............................. 4 section 7.06 S ever a b i 1 it y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Exhibit "A" Legal Description of County's Pro per ty. . . . . . . 5 TEMPORl\RY USE J\GREEHENT THIS AGREEMENT, made and entered into this day of , 1995, by and between PAUl BEACH COU!JTY, FLORIDA, a political subdivision of the state of Florida, hereinafter referred to as "County" and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "City". WIT N E SSE T H: WHEREAS, County is the owner of certain real property in Palm Beach County, Florida, as said property is legally described in Exhibit IIAII attached hereto and by reference made a part hereof (the "Property"); and WHEREAS, City has requested the temporary use of the parking lot areas located on the Property in conjunction with its hosting of a professional tennis tournament; and WHEREAS, County is willing to allow City to use ~aid parking lot areas for the purposes hereinafter defined. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt and sufficiency of which is hereby acknowledged, County hereby grants to City and city hereby accepts the use of the premises hereinafter defined upon the following terms, and conditions: ARTICLE I BASIC PROVISIONS section 1. 01 Premises. The premises subject to this Agreement consists of the paved parking areas at the Old Delray Shopping Plaza, located at 32-52 SW 1st Avenue and at the South County Judicial Center, located at 200 w. Atlantic Avenue, Delray Beach, Florida (the "Premises"). section 1.02 Lenqth of Term and Commencement Date. The term of this Agreement shall be for a period of one (1) week which shall commence on the 6th day of March 1995 (the "Commencement Date") and shall expire on the 12th day of March, 1995 (the "Term") . The Term can be automatically extended to expire on the 15th day of March, 1995, in the event of any weather delay of the tournament. section 1. 03 Rent. The use of the Premises by city shall be on a rent-free basis. ARTICLE II CONSTRUCTION OF PREMISES section 2.01 Acceptance of Premises. City certifies that it has inspected the Premises and accepts same "As Is", in its existing condition as of the Commencement Date of this Agreement. section 2.02 Alterations. city shall not make or permit any improvements, additions, modifications or alterations whatsoever to the Premises. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY section 3.01 Use of Premises and Hours of operation. city shall use the Premises solely and exclusively for vehicle parking in conjunction with the City's hosting of the Delray Beach winter Championship Tennis Tournament. The parking spaces located at 32-52 SW 1st Avenue, Delray Beach shall be reserved for use only by Tournament staff. The city shall have the right to use the 1 parking spaces located at the South County Judicial Center, 200 W. Atlantic Avenue, Delray Beach on weekdays only between 5:00 PM and 12: 00 PM daily and all day on Ioleekends during the Term. All parking spaces shall be vacated by midnight daily. There shall be no overnight parking permitted. city shall, at city's sole cost and expense, use all enforcement resources available, including, but not limited to, signage and monitoring, to prevent the unauthorized use by tournament guests of the parking spaces at the South County Judicial Center prior to 5 PM on weekdays during the Term of this Agreement. The City shall not charge or collect any fee for the use of any of the parking spaces by tournament guests. City shall not use, permit or suffer the use of the Premises for any other business or any disorderly or unlawful purpose. Section 3.02 Waste or Nuisance. City shall not commit or suffer to be committed any waste upon the Premises or any nuisance or other act or thing which may result in damage or depreciation of value of the Premises or which may affect County's fee interest in the Premises. Following each day of use by the city, all refuse is to be removed from the Premises at City's sole cost and expense. city will keep the ascess to the Premises and contiguous areas to the Premises free and clear of obstruction. Section 3.03 Governmental Requlations. City shall, at city's sole cost and expense, comply with all ordinances, laws, statutes and regulations promulgated thereunder of all county, municipal, state, federal and other applicable governmental authorities, now in 'force, or which may hereafter be in force, pertaining to city or its use of the Premises. city shall indemnify, defend and save County harmless from any and all penalties, fines, costs, expenses, suits, claims; or damages resulting form city's failure to perform its obligations in this Section. Section 3.04 Surrender of Premises. Upon termination or expiration of this Agreement, City, at its sole cost and expense, shall remove all of its personal property from the Premises and shall surrender the Premises to County in the same condition the Premises were in as of the Commencement Date of this Agreement, reasonable wear and tear excepted. If city fails to remove any vehicle parked on the Premises, then upon expiratipn of the Term of this Agreement, County may remove said vehicle from the Premises for which the cost City shall be responsible and shall pay promptly upon demand. 1I.RTICLE IV REP1I.IRS 1I.ND MAINTEN1I.NCE OF PREMISES section 4.01 Responsibility of city. All portions of the Premises shall be kept in good repair and condition by city. At the end of the Term of this Agreement, city shall deliver the Premises to County in good repair and condition as specified herein. ARTICLE V INSURANCE 1I.ND INDEMNITY Section 5.01 !,J._ªÞJJJ_tY_lIHLt!.ri3,I)Ce. city shall, during the entire Term hereof, provide County with a certificate evidencing self-insurance coverage for comprehensive general liability in the amount of $100,000 per person and $200,000 per incident or occurrence. In the event the Legislature should change the City I S exposure by statute above or below the sums insured against, the city shall provide insurance to the extent of that exposure. section 5.02 Indemn~fication. city shall, to the extent permitted by law, indemnify and save harmless the County from and against any and all claims, suits, 2 actions, damages and/or causes of action arising during the Term of this Agreement for any personal injury, loss of life and/or damage to property sustained in or about the Premises by reason or as a resul t of the use and occupancy of the Premises by city, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgements, and/or .decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event County shall be made a party to any litigation commenced against the city or by the city against any third party, then City shall protect and hold County harmless and pay all costs and attorney's fees incurred by County in connection with such litigation, and any appeals thereof. Nothing contained herein shall be construed as a waiver of sovereign immunity enjoyed by the parties hereto, as provided in Florida Statutes 768.28 as amended, or any other law providing limitations on claims. Furthermore, this indemnification shall not be construed to require City to assume any liabUity or to indemnify County for the County's negligence. ARTICLE VI ENFORCEMENT COSTS In the event that it shall become necessary for County to employ the services of any atto~ney to enforce any of its rights under this Agreement or to collect any sums due to it under this Agreement or to remedy the breach of any covenant of this Agreement on the part of the city to be kept or performed, regardless of whether suit be brought, City shall pay to County such reasonable fee as shall be charged by County's attorney for such services. Should suit be brought for the recovery of possession of the Premises, or for any sum due County under this Agreement, or because of the default by City of any of the covenants of this Agreement, city shall pay to County all expenses of such suit and any appeal thereof, including a reasonable attorney's fee. , ARTICLE VII MISCELLANEOUS section 7.01 Entire Aqreement. This Agreement and any Exhibits attached hereto and forming a part thereof as fully set forth herein, constitute all agreements, conditions and understandings between county and City concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Agreement. Exc;ept as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon County or City unless reduced to writing and signed by them. section 7.02 Notices. Any consents, approvals and permissions by County shall be effective and valid only if in writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested, addressed: (a) If to County at: Property and Real Estate Management Division 3323 I3elveùere Road, I3uilding 503 West Palm Beach, FL 33406-1548 with a copy to: Palm Beach County Attn: County Attorney 301 North Olive Avenue West Palm Beach, FL 33401 3 (b) If to city at: city of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Section 7.03 Waiver of Jurv Trial. The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by either of the parties hereto against the other, in connection with this Agreement. Section 7.04 Governinq Law. This Agreement shall be governed by and interpreted according to the laws of the state of Florida and venue shall be in Palm Beach County. section 7.05 Time of Essence. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. section 7.06 Severability. . If any term of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this, Agreement, shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of· the day and year first above written. PALM BEACH COUNTY, FLORIDA a ATTEST: political subdivision of the state of Florida Dorothy H. Wilken, Clerk By: By: chair c::: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Asst. County Attorney ATTEST: CITY OF DELRAY BEACH, FLORIDA, a municipal corporation By: By: city Clerk Mayor 4 EXHIBIT "1\" LEG~L DESCRIPTION COUNTY'S PROPERTY Parcel No. 1 (PCN: 12-43-46-17-47-000-0000) The following described land, situate, lying and being in Palm Beach County, Florida. All of that Plat of Palm Beach County South County Judicial Center, being replat of part of Block 46, map of the Town of Linton (now Delray Beach) Plat Book 1, Page 3; and part of the Plat of Resubdivision of Block 45, Plat Book 4, Page 54; and rights-of-way adjacent thereto, section 17, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida, according to the Plat thereof recorded at Plat Book 60, Page 124 of th-e Public Records of Palm Beach County, Florida. Parcel No. 2 (PCN: 12-43-46-16-01-053-0131) The following described land, situate, lying and being in Palm Beach County, Florida. . The South 24.7 feet of Lot 13, and all of Lots 14, 15 and 16, Block 53, CITY OF DELRAY BEACH (formerly Linton) , according to the Plat thereof, recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. - 5 · ' ,(/ t.. .' , ¿"r ì CITY COMMISSION DOCUMENTATION TO: David T. Harden, City Manager THROUGH: ~~~~r of Planning and Zoning FROM: John Walker, Project coordinat~, ~~ SUBJECT: MEETING OF FEBRUARY 7, 1995 * CONSENT AGENDA ** TEMPORARY USE AGREEMENT FOR THE DELRAY BEACH WINTER CHAMPIONSHIPS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a temporary use agreement with Cason Methodist Church for parking needed in conjunction with the Delray Beach Winter Championships. BACKGROUND: The parking program for the 1995 tennis tournament, as in previous years, identifies the need to use the Cason Church parking area for reserved parking. The use of this property requires execution of a temporary use agreement with the Church. The agreement proposed is essentially the same as for the 1994 tournament. RECOMMENDED ACTION: By motion, authorize the Mayor to execute a temporary use agreement with Cason Methodist Church for use of their property in conjunction with the Delray Beach Winter Championships. Attachment: * Temporary Use Agreement T:\advanced\CHAMP17.DOC <¡.f· ." TEMPORARY USE AGREEMENT THIS AGREEMENT, made and entered into this ____ day of , 199 , by and between CASON METHODIST CHURCH hereinafter referred to - as "Cason" and the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as "City". WIT N E SSE T H: WHEREAS, Cason is the owner of certain real property in Palm Beach County, Florida, as said property (the "Property") as depicted in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, City has requested the temporary use of the parking lot areas located on the property in conjunction with its hosting of a professional tennis tournament; and WHEREAS, Cason is willing to allow City to use said parking lot areas for the purposes hereinafter defined. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt and sufficiency of which is hereby acknowledged, Cason hereby grants to City and City hereby accepts the use of the premises hereinafter defined upon the following terms and conditions: ARTICLE I BASIC PROVISIONS Section 1.01 Premises. The premises subject to this Agreement consists of the area at Cason Methodist Church, located at 342 North Swinton Avenue, Delray Beach, Florida. Section 1.02 Length of Term and Commencement Date. The term of this agreement shall be for a period of seven ( 7 ) days which shall commence on the 6th day of March, 1995 (the "Commencement Date") and shall expire on the 12tþ day of March, 1995. The term can be automatically extended to the 13th and the 14th day of March, 1995, in the event of any weather delay of the tournament. Section 1.03 Rent. The use of the premises by City shall be on a rent free basis. ... 1 ARTICLE II CONSTRUCTION OF PREMISES Section 2.01 Acceptance of Premises. City certifies that it has inspected the Premises and accepts same "as is", in its existing condition as of the Commencement Date of this Agreeme~t. Section 2.02 Alterations. City shall not make or permit any permanent improvements, additions, modifications or alterations whatsoever to the premises. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY Section 3.01 Use of Premises and Hours of Operation. City shall use the premises solely and exclusively for vehicle parking in conjunction with the City's hosting of the Delray Beach Winter Championships. The parking spaces located at 342 North Swinton Avenue, Delray Beach shall be reserved for use only authorized tournament spectators. All parking spaces shall be vacated by 6:00 a.m., March 13, 1994, unless a weather delay extends the tournament to the 13th day of March, 1994, in which case all spaces shall be vacated by the 14th day of March, 1994. Section 3.02 Surrender of Premises. Upon termination or expiration of this Agreement, City, at its sole cost and expense, shall remove all of its personal property from the Premises and shall surrender the premises to Cason in the same condition the Premises were in as of the Commencement Date of this Agreement, reasonable wear and tear excepted. Section 3.03 Funerals. If Cason conducts a funeral service during the term of this Agreement, the spaces shall not be available for parking use on the day of the service. The church shall give the City at least a two day notice of the conflict so it can make other arrangements for parking. 2 --;:c-- ---s...... ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES Section 4.01 Responsibility of City. All portions of the Premises shall be kept in good repair and condition by City. At the end of the term of this Agreement, City shall deliver the premises to Cason in good repair and condition as specified herein. ARTICLE V MISCELLANEOUS Section 5.01 Entire Agreement. This Agreement and any Exhibits attached hereto and forming a part thereof as fully set forth herein, constitute all agreements, conditions and understandings between Cason and City concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon Cason or City unless reduced to writing and signed by them. Section 7.02 Notices. Any consents, approvals and permissions by Cason shall be effective and valid only if in writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested, addressed: . 3 - .- (a) If to Cason a~: I K ~ t"',· s t~" r y Ms . .-Y.Råa- &Ryder Cason Methodist Church 342 North Swinton Avenue Delray Beach, Florida 33444 (b) If to City at: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Section 5.03 Waiver of Jury Trail. The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by either of the parties hereto against the other in connection with this Agreement. Section 5.04 Governing Law. This Agreement shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County, Florida. Section 5.05 Time of Essence. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. Section 5.06 Severability. If any term of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Agreement, shall be valid and enforceable to the fullest- extent permitted by law. .. 4 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. WITNESS: CASON METHODIST CHURCH By: ~/7~ £ou Pa . It{.-F~~J o. ,¿U '/ ~ JYL Trustees Chairperson Í/.A It I ~ J'k ¡.; F ¡( 1"¡vI,-- IT ('- (Type or print name) ATTEST: CITY OF DELRAY BEACH, FLORIDA BY: City Clerk Thomas Lynch, Mayor Approved as to Form and Legal Sufficiency: City Attorney . 5 - .. - i _.. ---' -' - ·1 . . . . : - - ....... .... -..-.. ; i 'I . ...., - , - .- . -- ... .. -- . ..... -".,,,, " . --'< - . , I . ;.1 : 1.1" I, . , tl:h q .' ! ¡ . :¡ :! . ' ; ¡:.~ . . , , , ' \.. "'~~ ~.' -;-- : ¡ ~:, l : I· I . ( : . '?i '1 <I( j , III:¡ _j: · ..." Q ~-~ . ! . ~. . . P 111 ..~ ~ . I ." l' _ . .. · 1ñ~:>1 . ~ · . · . ". ··..1 . ; ~ .. ~ c w -'v) 3 ,¡ ~~ ~~ 0~ .. . . oJ!'.. .... . ~ . -~ ~. ;1 - ~~ 0:'.., - !lis 1: . . ". i .~ ' . - <;..,.. ... '. ~ -'-~~-:-~ .- . . - ._- '. I "oiJ. . '.. .~... .-- ~ ~ ·:r····· . i ~ -1'. . ., '. , . -.' ...~. . .~ - . . ~. à I '" ï · . . ¡ '0 (' ""-- _ .~----- I -. -- . . - -- - . . . . ¡- , .' .' ---- '! I, "l . : : .'.. -- § 1\ 11 I t § ; . Q 3 . r-J ~<! , {I . ".' : ~. , _ : . ¿ . . . . . . 1 I . cJ. , j)~~ ~ r .1ì }-'~." I . : . ~j~f¡ - - -;:;-- ~ :; . : j....J\ /:'f J ..«." P I' ¡ rc j; . I I V. U \íJ"' '1, "!'. _ ,. . ). 'i:,.) \jJ' .}:;¡ 1m!; £XIlIßlr A : ¡¡JY~I . ¡'!;¡i¡ .¡.,. , . ,) '!';I'¡II'~I~ , '= .,.- ,:.... ...., . I -, r! o. -- I~Q ~ . . h: ~'1":" "'-' . , ,..., , I ¡ f ..~ ~;'('~~!.~ ' . ;< l . . 1 ¿(Ÿ/./~ CITY COMMISSION DOCUMENTATION TO: ~~CitY Manager THROUGH: Di e -omln z, ~ctor of Planning and Zoning FROM: John Walker, Project coordinat~ ¿¿I~ SUBJECT: MEETING OF FEBRUARY 7, 1995 *~ CONSENT AGENDA ** TEMPORARY USE AGREEMENT FOR THE DELRAY BEACH WINTER CHAMPIONSHIPS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a temporary use agreement with Greater Mount Olive Missionary Baptist Church for parking needed in conjunction with the Delray Beach Winter Championships. BACKGROUND: The parking program for the 1995 tennis tournament, as in previous years, identifies the need to use the Greater Mount Olive Missionary Baptist Church parking area for reserved parking. The use of this property requires execution of a temporary use agreement with the Church. The agreement proposed is essentially the same as for the 1994 tournament. RECOMMENDED ACTION: By motion, authorize the Mayor to execute a temporary use agreement with Greater Mount Olive Missionary Baptist Church for use of their property in conjunction with the Delray Beach Winter Championships. Attachment: * Temporary Use Agreement T:\advanced\CHAMP18.DOC f·F " TEMPORARY USE AGREEMENT THIS AGREEMENT, made and entered into this ____ day of , 199 , by and between GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH - hereinafter referred to as "Mount Olive" and the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as "City". WIT N E SSE T H: WHEREAS, Mount Olive is the owner of certain real property in Palm Beach County, Florida, as said property' (the "Property") at 40 N.W. 4th Avenue; and WHEREAS, City has requested the temporary use of the parking lot areas located on the property in conjunction with its hosting of a professional tennis tournament; and WHEREAS, Mount Olive is willing to allow City to use said parking lot areas for the purposes hereinafter defined. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt and sufficiency of which is hereby acknowledged, Mount Olive hereby grants to City and City hereby accepts the use of the premises hereinafter defined upon the following terms and conditions: ARTICLE I BASIC PROVISIONS Section 1.01 Premises. The premises subject to this Agreement consists of the area at Greater Mount Olive Missionary Baptist Church, located at 40 N.W. 4th Avenue, Delray Beach, Florida. Section 1.02 Length of Term and Commencement Date. The term of this agreement shall be for a period of seven (7) days which shall commence on the 6th day of March, 1995 (the "Commencement Date") and shall expire on the 12th day of March, 1995. The term can be automatically extended to the 13th and the 14th day of March, 1995, in the event of any weather delay of the tournament. Section 1.03 Rent. The use of the premises by City shall be on a rent free basis. .. 1 , ARTICLE II CONSTRUCTION OF PREMISES Section 2.01 Acceptance of Premises. City certifies that it has inspected the Premises and accepts same "as is", in its existing condition as of the Commencement Date of this Agreement. Section 2.02 Alterations. City shall not make or permit any permanent improvements, additions, modifications or alterations whatsoever to the premises. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY Section 3.01 Use of Premises and Hours of Operation. City shall use the premises solely and exclusively for vehicle parking in conjunction with the City's hosting of the Delray Beach Winter Championships. The parking spaces located at 40 N.W. 4th Avenue, Delray Beach shall be reserved for use only by tournament staff and volunteers. All parking spaces shall be vacated by 6:00 a.m., March 13, 1995, unless a weather delay extends the tournament to the 13th day 0 f March, 1995, in which case all spaces shall be vacated by the 14th day of March, 1995. No parking spaces shall be used by the City from 6:00 a.m. to 7:00 p.m. on March 12, 1995. Section 3.02 Surrender of Premises. Upon termination or expiration of this Agreement, City, at its sole cost and expense, shall remove all of its personal property from the Premises and shall surrender the premises to Mount Olive in the same condition the Premises were in as of the Commencement Date of this Agreement, reasonable wear and tear excepted. Section 3.03 Funerals. If Mount Olive conducts a funeral service during the term of this Agreement, the spaces shall not be available for parking use on the day of the service. The church shall give the City at least a two day notice of the conflict so it can make other arrangements for parking. 2 · ...-.:-;-:- --0:::__ ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES Section 4.01 Responsibility of City. All portions of the Premises shall be kept in good repair and condition by City. At the end of the term 0 f this Agreement, City shall deliver the premises to Mount Olive in good repair and condition as specified herein. ARTICLE V MISCELLANEOUS Section 5.01 Entire Agreement. This Agreement and any Exhibits attached hereto and forming a part thereof as fully set forth herein, constitute all agreements, conditions and understandings between Mount Olive and City concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon Mount Olive or City unless reduced to writing and signed by them. Section 7.02 Notices. Any consents, approvals and permissions by Mount Olive shall be effective and valid only if in writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested, addressed: .. 3 · . - ~- -=".- (a) If to Mount Olive at: Deacon Charles Broadnax G.M.O.M.B.C. 40 N.W. 4th Avenue Delray Beach, Florida 33444 (b) If to City at: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Section 5.03 Waiver of Jury Trail. The parties hereto waive trial by jury in connection wíth proceedings or counterclaims brought by either of the parties hereto against the other in connection with this Agreement. Section 5.04 Governing Law. This Agreement shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County, Florida. Section 5.05 Time of Essence. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. Section 5.06 Severability. If any term of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Agreement, shall be valid and enforceable to the fullest- extent permitted by law. .. 4 " , . . . . ~- -"".- IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. WITNESS: GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH of Witness BY:~~·- Charles Broad.. x, Deacon ~êG 1'V1· ~f.f¡J . (Type or print name) ATTEST: CITY OF DELRAY BEACH, FLORIDA BY: City Clerk Thomas Lynch, Mayor Approved as to Form and Legal Sufficiency: city Attorney .. 5 M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i g.}/. - MEETING OF FEBRUARY 7. 1995 AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/CANVASS ABSENTEE BALLOTS AND REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR FIRST NONPARTISAN ELECTION DATE: FEBRUARY 1, 1995 This is before the Commission to authorize Jackie Winchester, Supervisor of Elections for Palm Beach County, to handle the City's absentee ballots for the March 14, 1995, First Nonpartisan Election. The Supervisor of Elections' office is equipped with a computerized system for monitoring all requests for absentee ballots, including those mailed and those done on a walk-in basis, as well as electronic signature verification. Her office insures the absentee ballots are held in safekeeping prior to canvassing. Mrs. Winchester should also be authorized to represent the City at the canvassing of absentee ballots. It is further recommended that the Supervisor of Elections be designated to represent the City's canvassing board at the Logic and Accuracy (L&A) testing of the electronic tabulating equipment. The L&A tests will be conducted on Friday, March 10, 1995, at 10:30 a.m., as well as on election day both before and after counting of the ballots, at both the South County and West Palm Beach election office sites. Recommend the Supervisor of Elections for Palm Beach County be authorized to handle/canvass the City's absentee ballots for the March 14, 1995, First Nonpartisan Election, and also be designated to represent the City at the requisite Logic and Accuracy testing of equipment. ref:agmemo3 M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER trJ1 SUBJECT: AGENDA ITEM i ~:L - MEETING OF FEBRUARY 7. 1995 APPROVAL OF LIST OF POLLWORKERS DATE: FEBRUARY 2, 1995 This is before the Commission to approve the list of pollworkers for the First Nonpartisan Election scheduled for March 14, 1995, and to authorize the Ci ty Clerk to select a sufficient number of clerks and inspectors from the list to work during the election, pursuant to Section 34.02 of the City Code. The list is derived from names on file with the Supervisor of Elections and the City Clerk's Office. A training session for pollworkers at the March 14th election, coordinated by the Supervisor of Elections, was held in January, 1995, at City Hall. In addition, written instructions are provided to each individual appointed to work at every precinct. Recommend approval of the list of pollworkers and that the City Clerk be authorized to select a sufficient number of clerks and inspectors to work during the First Nonpartisan Election on March 14, 1995. ref:agmemo7 POLLWORKERS/CLERKS/INSPECTORS Elaine Joy Knott Moran Irene Cantor Edythe 'Rothberg Helen Daly Harold Cantor Louise Minasi George Moran Alexander Williger Madelyn Rakov Robert Berman Leon Forman Jerome Rakov Beverly Berman Edith Moses Samuel Rothberg Norma Patzner Irving Moses Leo Kierstein Bernard Silverman Mary Michaud Ann Kierstein Arlene Kantor Charles Michaud Helen Ives Angela Quaranta Claire Narod Harriet Mandell Ruth Silverman Emily Taylor Irwin Ives Mildred DeFoe Minnie Stokes Helen Rosenzweig Gerald DeFoe Yvonne Baine William Rosenzweig Helen Kume Deborah C. Bostwick, Patricia Goodwin Evelyn Dawson George Moran .:rean Sirdi Annie Rose Sloan Lenore Frieder Florence Starr John N. Sloan, Jr. Helen Carannante Herman Feldman Rena Gregory Libby Simonowitz Bernice Bilow William Stachel Esta Gotz Edith Kretsky David Schoenhofer Shirley Zipkin Joseph Vytell Frances Colla Murray Kalish Lillian Greenhut Beatrice Cofman Doris Land William Greenhut Claire Seifert Shirley Cohen Murray London James Bloomer Frances Jacobson Rachel Berman Alfred Pilson Jerry Berman Carole DeMarco Eleanor Golub John Dini Michael DeMarco Hallie Worthing Lynn Abdela Carole DeMarco Helen Welber Roselyn Waldman Herman Sacks Lilyan Kanir Arnold Waldman Mabelle London Frances Humphreys Dorothy Murtha David Forest Frances DePasquale Irving Jacobson Nicholas Contini Edith Forest Leonore Eisenberg Eve Harmel Leonard Eisenberg Bernadette Collura Samuel Cohen Gwendolyn Green Roselyn Cohen . Edith Brunner - Herbert Woodside Victoria Grambow Lillian Phillips Roselyn Thomas Helen Summers REF: POLWRKS " , , / (. .' '/ 'î {~ 'L' [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRAY BEACH f lOR IDA b.e:Id AI~America City MEMORANDUM , III J! DATE: January 30, 1995 1993 TO: City Commission FROM: David N. To1ces, Assistant City Attorn;P: SUBJECT: Easement from Ruby R. Bennett - Ridgewood RoadlBarwick Road 12" Water Main The attached easement is before you for acceptance. The easement covers the south 12 feet of Ms. Bennett's Property, which is just east of Military Trail. The easement will allow the City to install a 12" water main connecting a water main along Military Trail to a water main on Barwick Road. Please call if you have any questions. DNT:smk Attachment cc: David Harden, City Manager Dan Beatty, Acting City Engineer Alison MacGregor Harty, City Clerk bennett. dnt ® Printed on Recycled Paper g'.J. - / ~ '-::::. EASEMENT DEED . '1 :0 £eanlJ¡;-¡¿ 19 !if, betw..n Ruby THIS J:IfÐENTUNI , lIIade thia day of , R.Bennett parties of the first part, and the CITY OF 1)ELMY BEACH , a I'lorida municipal corporation in Palm Beach County, State of Florida, party of the second part. WITNESSETH! That the parties of the first part, for and in consideration of the .UIII of Ten ($10.00) DolllU"s 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, doe, hereby qrant, ):)ar9a1n, sell and release unto the party of the second par1:, it. successor. and a..i9ns, a ri9ht of way and perpetual easement for the purpoa. of water lines with full and fl:'ee right, liberty, and authority to enter upon and to inatall, operate, and lIIaintain a\lch water line. under, acro.., through and upon, oV1tr, unde1''"or within the following de.cribed property located in palm 8each County, Florida, to-witl .. The aouth 12 f_t of the NW 1/4 of the NW 1/4 of Section 12, Township 46S, Range 421:. Concomitant and coextenaive with thia right ia the further right: in the party of the a.cond part, ita successors and assigns, of ingresa and egress over and on that portion of land described above, to effect the purpoaes of the easement. That this eae_nt shall be subject only to those easel1lents, restrictions, and re..rvations, and re.ervations of record. That the partie. of the first part agr.. ~o provide for the releaae of any and all mortgage. or liens encumbering this eas_nt. The par~ies of the firet part also agree to erect no building or effeo~ any other kind of conetruction or improvement. upon the above-described property. Partiee of ~h. first part do hereby fully warrant the title to said land and will defend the .ame againat the lawful claims of all persons whomsoever claimed by, through or under it, that it haa good right and lawful authority to grant the above de.cr!bed ea.ement and that the .ame ie unencumbered. Where the context of thia Eaa_nt Deed allow. or permits, the .ame .hall include the .ucce..ore or a.signs of the parti... IN WITNESS WHEREOr, the partie. to this Eaaement Deed set their hands and ..ala the ~~y an~ ~e!l-~ ~_~~~t_!:!,~ve w-=i:~!I~' _._ ___ _._ _Þ. 0. _.. _ .. - ... . . þ'-- -.,.-..--- -- .-- ..--. ·'0·..· £~ 7. /~ 7?1.IJ/II1t Ro w e. u en fie -¡¡- (n&me printed or type written) ( name rinted or type written) c/o Southern Ornamentals - P.O. Box 3577 Boynton Beach,Florida 33424 (J:::¡~ 0. ¿J~ ( add1'8" ) (name printed or type written c:/'- ^" 0& l' t/ ,4 u/A //,;,ó (name printeä(or type wrttten) (add1'8s.) STAT!: or ~ 00tJNTY 01' ~ foreqoinq in.t~n~ wa~ aCkno;t¡;dQed before me this r¡ fh day of em , .-. ---by"' - . -1/ '-:I ~Jl/1} . (name -of officer or agent, title of officer 0 agent), of (name of corporation acknowledqing), II (state or place of incorporation) corporation, on behalf of the oorporation. Se/She is (per.onally ~ to meJ (or has produced identification) (type of id.ntifica~ion) (a. identification) and (did/did not) take ChA~Ic¡-~ ¿. /lAI-MA.(?e.e Name of Acknowledger Typed, Printed or Stamped DBZDbD.U TOTAl P. 03 12" II 8 7 e 5 14 I J I 2 I 1'........./ P NE TREE ibRl'Æf I 0 G~Lf 7 :;LUI EFATI S 1 PflOPÐ.sE'D I~ tv47S'L -: 10 ~'~2 ,~ 1~ '~~6 /11Mb e...S£t/lf 6'~ I (BK 25 PC. 235 8' /'- == I SUNIISE OUU VAR . g 987115 £ 321 , , 10 " 12 13 '4 15 18 17 ïlf PAl.. RIDG Bout ~AR [) t \ I t ~ I I ~~~~ N .- ~~ ~. \ \ l I In \ 133 F I I i 12" >- a:: ~ ~ ~ ¡ I L W. D. D. CANAL LATERAL L-31 COUNTRY MANORS(31 - QO COUNTRY MANO~S SECTION TWO 1~ ~28 2e 30 I SECÇ)l,T10N THREE (:J) Ie III} .J "':::'8" BK. 31 ¿ '\ .e' PO. J8 Ie 39 yA. (f-\ ~J ~ .' - ~ S' ~'Z7 ~"V --14' 4' U ÿ~~ ~ (QL o#'Æ- ~ 8" S"V 8"1<8 ~ ~ ~) 'V¡¡ ~"RED. n !Ì " ~ ~<?J e"V ~ 8" ~<i) 8"1<8"R1 e"V ~¿.~ rv . 4"V ~ ~ '" J~ 12" ~ 8"xð"Rm. T- ~~ ~ ,# A re"V e ....~ Xð"RED~ 8" ~""C1' 12" II! -3« 3'11 / e~ 8ì e.,"r' ,.YJ II' ~ K~ <:) ~-¢' .\. 0 ~¡ Z . ~ 8" II"V 106'REO. c}~ ~:'\ ¡... ~ '~ ~E ><II"RED. :\0. 8' LAlP"RED. ~ ICY \ 8" '/ ~ 6f'l U,4~ ~ \ ~ (0"\ rrv 6"V 10' ~ // 'If . W. !9T: ~ ~ "¢::!) 9 II ~,4:Y 2221 ~ , FH(T'/P) .,. 6- rrv 8" ~ COUNTRY MANORS ROAD Y I J ~ =--- ~ 'rrv '/....... -....... 'i,{)) (, -ifl8"V/, .,. D (ò ~ !LA"v ~ ~ 8' S'Y 0 ~ =-' " ..., _ .// ~A( a:: BAR ~ SECTION 8" FOUR e ~ SECTION ONE 8' PA S· Bk. 35 ~ C. 17 " 18 BK. !O Pc. 125 " 128....1 4"V 10' U ~ . ~ >-. 1 A.._ . ~ 8'\V..__ ~® FIRE ri~"I . 8"V. ~~ ~ ~ 6 ~JIŒ "V rrv STATION .." 4"V ~ - < ~ òi -š=f . c;j~ 14 - 8" 8" ."ve Ia"VL A KEf 0 A 12 S'Y f ~ rrv 8"V f rrv 1O"V ( \ ..'-- 1..1.1. I. 1_1.1_ /.1.1_1 .1...J~lf 1 iPI~E\~.l~ï~,1 ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Z'M SUBJECT: AGENDA ITEM # g.)(. - MEETING OF FEBRUARY 7. 1995 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS DATE: FEBRUARY 3, 1995 This is before the Commission to ratify actions taken by the South Central Regional Wastewater Treatment and Disposal Board on January 19, 1995. By a vote of 9 to 0, the SCRWTD Board approved the following: · Expend $14,050 from the Operational Contingency Fund to pay the fine assessed by the DEP for the Ferric Chloride Spill. · Expend $1,200 from the Sinking Fund to replace broken shaft on North Paco pump in Old Effluent Building. · Expend $4,100 from the Sinking Fund to replace air conditioning unit for central area of Administration Building. · Expend $5,000 from the Sinking Fund to replace Sterilizer in lab. · Expend $1,200 from the Sinking Fund to replace four urethane return idlers on conveyor in Influent Building. · Expend $26,000 to paint inside of building and equipment in Chlorine Storage and Control Room, Lime Silo, RAS Building A Plant, and old Effluent Building. · Expend $100,000 from earnings on the Surplus Funds to conduct study on condition of the ocean outfall line, per attached detailed memorandum. · Reduce expenditure for effluent sampler from $4,000 to $3,250. · Increase expenditure for replacing lab scale to $5,250. · Increase CDM fees for general engineering service per attached schedule. Recommend ratification of the actions taken by the South Central Regional Wastewater Treatment and Disposal Board on January 19, 1995. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 ROBERT J. HAGEL Telephone 272·7061 734-2577 Eucutive Director Fax: (407) 265-2357 M E_M 0 RAN D U M TO: City Clerk, Delray Beach "" FROM: Mary Ann Shumilla ~'/' DATE: January 31, 1995 RE: RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the quarterly Board Meeting of January 19, 1995 which need signatures. Would you please contact me at 272-7061 when all signatures have been completed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 19, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 19, 1995, by a vote of 9-0, approve to expend $14,050 from the Operational Contingency Fund to pay the fine assessed by the DEP for the Ferric Chloride Spill. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of De/ray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 19, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 19, 1995, by a vote of 9-0, approve to expend $1,200 from the Sinking Fund to replace broken shaft on North Paco pump in Old Effluent Building. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby rarified in open session by the City of Boynton Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 19, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 19, 1995, by a vote of 9-0, approve to expend $4, 100 from Sinking Fund to replace air conditioning unit for central area of Administration Building. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 19, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 19, 1995, by a vote of 9-0, approve to expend $5,000 from Sinking Fund to replace sterilizer in lab. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 19, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 19, 1995, by a vote of 9-0, approve to expend $1,200 from Sinking Fund to replace four (4) urethane return idlers on conveyor in Influent Building. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 19, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 19, 1995, by a vote of 9-0, approve to expend $26,000 to paint inside of building and equipment in Chlorine Storage & Control Room, Lime Silo, RAS Building A Plant, and old Effluent Building. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney · RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 19, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 19, 1995, by a vote of 9-0, approve to expend $100,000 from earnings on the Surplus Funds to conduct study on condition of Outfall line. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney 01/26/95 THlT 14:26 FAX 1 40i 2i6 5489 ~¥i~ UiI tbU UU» ~VV.. ~ . ",~C SPJ:NNJ R. DITT~I.AN. FJaDJl:ØI!JPIEL a DO""'LINO JAN ~/"~O ATTORNEYS AT LAW 2 G 1995 ... PART"'¡R8t11,. INI';~UDING "RO"¡8$ION"'~ ...880I';,ATI0"$ 101 £AST ATLANTIC "'VENUE: CE;LRAY ElE:ACH, FLORIDA 3341083 (407) 2,a-2.00 ROBE:RT A. DITTMAN .....x DON...LI) C. DOlo/LINe:. (407) 276'S4111 ROBERT W. F"EDE ¡SPIEL, P. A. WE:ST PAL.M BE:ACI-i LIt'a: JOHN w. &PINNEFI (4071 739'0400 MEMORANDUM TO: ROBERT J. HAGEL FROM: ROBERT W. FEDERSPIEL IN RE: SURPLUS FUNDS/OCEAN OUTFALL ASSESSMENT DATE: JANUARY 26, 1995 __~___=_===~==~=__==================:2:=~~=========~=~============ Pursuant to the Board's instruction, we have reviewed the issue of whether the City of Delray had restrictions on the utilization of their share of the Board's surplus funds accumulated for engaging in ocean outfall repair and maintenance feasibility study. We met with Messrs. Safford and Greenwood on January 25, 1995 and it was determined that there were no restrictions on the utilization of those funds upon approval by the Board, which has been done, and ratification by the Cities, which is still required. It is my understanding that for the future what you will bring to the next board meeting is a proposal to return the balance of the lSurplus funds less the $100,000.00 you are going to use for the feasibility study and less one month's working capital with such funds to be returned to the Cities as part of their sinking fund accounts. The outcome of the feasibility study will then determine the actual repairs needed to be made to the outfall, as well as a cost component to be included in your sinking fund formulas as part of the user charge in the future. If you have any further questions please call. ,¡¡i -. -f\'_ RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 19, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 19, 1995, by a vote of 9-0, approve to modify Item #07 of the 1994-95 budgeted Repair & Replacement Projects by reducing expenditure for effluent sampler from $4,000 to $3,250. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney ~ . EXHIBIT A ENGINEERING HOURLY BILLING RATES CATEGORY HOURLY RATE PROFESSIONAL Officer · .. 130.00 Associate · .. 105.00 Senior Engineer .. 90.00 Engineer · . .. 80.00 Associate Engineer 65.00. PROFESSIONAL SUPPORT Designer .... 65.00 Drafter .... 50.00 FIELD Inspector I .... 60.00 Inspector II .... 45.00 OFFICE SUPPORT Technical Support. 37.00 RATES AS OF JANUARY 2, 1994 EFFECTIVE TO JANUARY 2,1995 . , . . I · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t?1 SUBJECT: AGENDA ITEM # f·L· - MEETING OF FEBRUARY 7, 1995 EMERGENCY MANHOLE REPAIR/LAKEVIEW DRIVE DATE: FEBRUARY 3, 1995 This is before the Commission to approve the emergency repair of a manhole on Lakeview Drive which has severe groundwater inflow causing adjacent roadway failure. Due to the depth of the manhole and dewatering requirements, the repairs are beyond the capabilities of City crews. Underwater Unlimited Diving Servi- ces, Inc. proposed to repair the structure without dewatering, for $15,000. Recommend approval of emergency repair to the manhole on Lakeview Drive, with funding from Water and Sewer - Renewal and Replace- ment - Other Current Charges (Account No. 442-5178-536-46.90) , through budget transfer from Water and Sewer - Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536- 61.84) . ~~ 077 ~o/-- Aqenda :Itea No. ¡.L-" AGEHDA REQUEST Date: 01/31/95 Request t~ be placed on: XX Reqular Aqenda special Aqenda Workshop Aqenda When: 02/07/95 Description of item (who, what, where, how much): Staff requests Commission approval for a $15,000.00 expenditure for emergency repair of a manhole on Lakeview Dr. which has severe groundwater inflow and has caused adjacent roadway failure. Quotes for replacement of the 16' deep structure were $36,000.00 and $42,000.00 from Ric-Man International and Johnson-Davis respectively. Underwater Unlimited Diving services, Inc. proposes to repair the structure without dewatering for $15,000.00. Funding will be from R&R account #442-5178-536~, Manhole Rehab. ORDINANCE/RESOLUTION REQUIRED: JJJ/NO DRAPT7i~ACHED JJJ/NO Recommendation: staff recommends approval of $15,000.00 for Underwater Unlimited Diving Services, Inc. to repair leaking manhole. (] c»r DEPARTMENT HEAD SIGNATURE: ¡ft),,~ß II~/!q~ \Q/'" , Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) on all items involvinq expenditure of '(;,I city Manaqer Review: Approved. for aqenda: ~~../NO V'7Jl Hold Unt1l: L Aqenda coordinator Review: Received: Placed on Aqenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden ~ City Manager FROM: Richard C. Hasko, P.E. Deputy Director of Public utilities SUBJECT: MANHOLE REPAIR LAKEVIEW DRIVE DATE: January 31, 1995 In response to a reported sinkhole on Lakeview Dr. (sketch attached) wastewater crews discovered an existing manhole approximately 16 feet deep with a large hole in the wall near the bottom of the structure allowing a constant heavy flow of groundwater into the wastewater system. Due to the depth of the manhole and dewatering requirements, the repairs are beyond the capabilities of City crews. Quotes were solicited from our emergency contractors (copies attached) with proposals for manhole replacement as follows: Ric-Man International $36,000.00 Johnson-Davis, Inc. $42,000.00 Olympic Industries No Response I have previously been contacted by a firm in Boynton Beach called Underwater Unlimited Diving Services, Inc. that offers a repair method which does not require dewatering. They have used this method successfully for similar repairs in Boynton Beach and have quoted a price of $15,000.00 to effect repairs on this structure (proposal attached). In view of quotes received for conventional repair/replacement of the structure, we would like to try Underwater Unlimited's method for repairs in submerged conditions in this instance. Based on your verbal authorization, we have directed Underwater Unlimited to proceed with the repair on an emergency basis. Funding will be from R&R account #442-5178-536~, Manhole Rehab. %/qO RCH: jem c: william H. Greenwood Michael Offie Jackie Rooney f: T/F City Manager ) ~Ht.KWVuu !UL.... &...I.. I , ~ I 1 ¿ ~:1 " f~ \ --'~i Jr'F~C I·' " ' 1"-" ',!¡,\f\ ; '- - 4 1 ", 11 r': ..~ I '.01: r~:;¡ 1,,.' &. I 1 1 I ~ .~ 13 í; ¡ 1 "Ie: f:; "\ .~ -~, " \ L~ -, t. I I I C I LAKE 4"' -' , ¡'"... F'" ,I: ¡'""'1!.J 42 I .L~ J'\ "" II/!}· V'\I ,~~._ I .' '. .~". ,,¡ l~,... ¡ (Bf<. 30 --- PCI C>, l~11 , , 41 . ~ (" (' 50 ;'1 ~: <, -:t ~~Q ,:~,·1 5;:) ,,3C ¿~ '} L~E~ l::' ~..) \ '.".:!. ..) ~..,' j7 5~~' 19 34 \3~~¡ ~3· .:! ':~ "I 'iO 2(\ ?~, 2(;· ~2.:;' ;:~ /j 2?: ?,) '~ì ~ 21) ~I~ ~ \ I , / - ---_.__.~--~-,_.,,- --.._- ------ 10" F.M. 58 ,~ ~r~___~__A~~~~ _ .... .. ---................ --"-- " :5 9 '10 12 TR, .) l'S I \ \ , ~) ¡ , I I I I I ) b{) 4~~ . F·'H /':!..SF 'j i I'....... "" ~ ,-" ...C' "~.' /' ~ ,::,~? 34 40 ·,Y\;f~~~~".,:~ ".' . , 't,/(i- . ' , .., ' "; .. : , , , ..' .... . .. PURCH~S¡~3-0FFICE 3[13 pcn JHtj 11 "3':, 1C: [(j 407 ~'â371 EJ=, - ,. . fl ~_______. - ...______u____ _. __,,____... ~ ___.__ _ _-___eBºeQ§e6____~___~__ __ ..___ _________________._________ __~_ RIC-MAN INT~RNATIQNAL, INt. IB51 N. POWE RU NE ROAD POMPANO BERCH, FL 330&9 (305) 426-1042 FAX (305) 426-0717 PAGE 1 OF 1 ---~._~-..---~-~-_._..--~-_.~-~------------------~---------------~----------~_..-----~------------- TO: ClìY OF DELRAV PUBLIC UTILITIES ADDRESS: CITY: CiTY OF DEL RAY STATE: Flol"ida ZIP: --------------------........... ," ....-_...~ --- -.."....-_-.. -...........-.......-------....-------------- --- ------------ ._- - - - --...... -- - ------_.- - ---.._- PROJECTJ ËI'I'tERG£rNCY MANHOLE REPLACEMENT iN LA~~VIEW DR DATE: 1/ 10/95 D~TE WE CAN START: WED 1123/95 (If nòtified by 1/12/q5 AMi ~==:'::ZlIt5~===.f!!:!:=::._=!!,Ia~~'=:'~=ca:=.~~= ~~ ~~::::2::~ =~~;=.:::.:.~:;_;;O'.&:iÕ.:.::.=~.._;;:;=;;;;_;;.:.::;:=_;;:_...~=';_...;;;:.;::.=;.::'.;;. __ ~..:..::~==_ =.~::;;_ï:ioì:.:!:: ::;__ ~;- c QUANTITY wE ARË PLEASED TO QUQTE THE FOLLOWING ITEMS PRICE UNIT 'TOTAL ~~==r~===:~~~==~__~==~_~==:===========~==============~===:~~~====~:~=~===~~==~=~=:====~=~~:= 5 : 40 ! FLAT BED HID L~ BOY t 80.00 I HR I 3,€00.0Ø (, I 44 i FRONT END LOADæR, 2CV CAPAC1TV 56.00 I HR I 2,4&4.00 ~ I 44 ¡ BACKHOE 1-1/2 Cv I 117.00 ¡ HR ! 5,148.00 12 ! "96 ¡ DËwQTERING EQUIPMENT (PUMP,PIÞIN6 & ACC} I 44.00 : HR : 4,224.00 133 ! 3S I 5 PERSON PIPE REPAIR CREW ¡ 16d.75 HR I 5,90&.25 M1 ì 1 I 8~ p~C PIPE AND COUPLINGS I 25'L 0ta I LS I 2S0.~~ M2! 100 I FüRN &. DEL 12" L1MERDCK SASE I 7.65 I TNS! 7b5.2Iß :3 I E:0 I ROLLER FOR LIME:RDCK & ASPH¡qLT I 28.00 I TNSI t, b81ð. 00 4 ! 24 I BQX &LADE BROOM TRACTOR I 29.00 I TNS\ &96.00 MJ I 10 I TYPE 6-111 ASPHALT I ~0.øe , TN5! 600.ØØ C2 I 24 I 4.PERSON ROAD REPAIR CREW ¡ 175.00 I HR I 4,200,00 51 I t MAINTE~~NCE OF TR~FFIC ! 1,000.00 ! LS I 1,000.00 El I "4 I 3\1 PUMP ! 20.00 \ HR ¡ 880.~0 M4 I 25 t STONE SEDD I NG ¡ 9.ê.5 ¡ TN$I (:4 1 . 25 1'15 I 1 SANITARY MH I 53 L 50 t EA t 531.50 S3 ! 10Ø I rl..ORAIRJI'I SOD ! 2.89 I SY 2a~.00 81 I 25 I 3 PERSON PIPE REPAI~ CRE~ , 125.00 I HR I 3,laS.00 xx \ 1 I MISCELL~NEOUS PLUGS, TOOLS, ETC. i 8~0.00 I LoS I &00.00 I I I I I 0.00 I ¡ I \ 0.00 ISUPÞ~Y PIP~ & COUPLINGS, RECONNECr EXISTING MAIN LINES, BLOCK SEWER FlDW 14 H~S. O~ LESS. & INSTALL ROAD ROCK, ASPHALT, SOD, TRAFFIC CONTROL, I ~RIGATJON ISPRINKLtt~ DAMAGE & ANY OTHER PROPERiY DAMAGE (DE-~ATER TO LAKE: I 1 __ -----..-----._--_.._~- -.--~,--- -~~--:.:;- ~------------_._,---~-- -.- - ------ ---------- -- ._~- ------ \~ PROPOSE hereby to f'Jrrn' ut ðl & abo)"- eø.plete in ~ççQrdan~~ w1 h a ~& spec' íQ~ion5 fo,.- tMê 1u..".................. .............. . t... ...."....11..,.... It. ........ .3&, 000.00 ... AutMo~i~@ð sign4ture .......-...- .......--. -- All lI~terial is g~ar ~~d to be AS sp~cif~ed. All work will be co~plet,d i~ II ó10 n 1 Ul.(c Um1" lu' in acc:-c;wd ~ with §tandard pra~t1~~S. Any altcr~tion5 or revis51pns I~V~.~l"g e~tr~ ~osts will beco~~ én ~~t~a charge ove~ and above thi~ propo~al. ~¡l ~9rp.eae~t~ co~t¡ngent upo~ åel~y~ beyo~d cur çontyol. No pr1~~~ taken aut of con'~xt will b~ honcred. ATìY ~nn~.~'n~tþ~ ~~+ð~;~' "nl"'n'mt.",...".rì r..'....dri"à ¢clii~~i~l di~oQ~~l will reoUlre .. S!"D@~o;.t'!, a,!:1r!!,fII~:'t F'_iF'I=:1H';:; I ,·¡l3-I]FF I CE J~4 F'CJ2 Jhti 13 "j'.:i 15:41 .JCf72â]71 ~,6 , . -.....r"I~.*""......-. ... - - J - D JOHNSON·DAVIS INC. I"\~AV,!, CONS':'F\\.iCTION ~~10J Uf'o:'E:¡:¡GI'.!Of,J..¡' UìILiTI€$ 1104 "')LI.B~ÃTH OqlVt: LANTANA, ~LOR¡DA ~G2 January 12, 1995 407·686-"70 Ms. Jackie Rooney City of Del ray Beach Purchasing Department 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: SEWER ~l:\.NROLE RErLACEMEN'f (L-\KE \'lEW DRIVE) Dear 1\1s. Rooney, We respectr..JHy SL:b.m.it th~ folbwlng proPQsal ft.Jl )'UlH WUl:>tJ¢l'Atiðn. Th:. work involves the replacement of one sewer manhole on Lake View Drive. LUMP' S1j1vf $42,000.00 Excludc-s: Jncludes: .!>. - Bond 81' DIP Epox Pem.I.Ît Manhole 16' (Approx.) Permit Fee #57 Rock ~1'ete.rl!\feter Deposit Sod Restoration Water Fees Sidewalk Restoration Asphalt Restoration Sprinkler R.epair DisposaJ of Excess Materia! Dump Fee M.O.T. By-Pass Pumping Density T estiI1g Manhole Painting Ifwe: can be of service to you plea~e contact ö\J,I' office sO that we can schedule a crew fOf this project. Sincerely, Robert E. Spink \'".... President - ....., 0 Boynton Beach Office (l/fI Chattanooga Office ] 399 S.w. 30th Avenue, Suite 3 2288 Gunbarrel Road, Suite 111-242 Boynton Beach, FL 33426 Chattanooga, TN 37421 Tel: (407) 734-7588 Tel: (800) 734-7583 Fax: (407) 734-36]4 UnDERWRTER Fax: (615) 499-555] UnLImiTED DIVING SERVICES, INC. January 27, 1995 Mr. Richard C. Hasko, P.E. Deputy Director, Public Utilities City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Subject: Emergency manhole repair Dear Mr. Hasko, At the request of the City of Delray, Underwater Unlimited Diving Services, Inc. (UUDSI) evaluated a distressed manhole structure in the vicinity of Dover road. We observed massive water intrusion to the structure coming from the invert area of the base slab of the structure. The ground water intrusion has caused major soil loss to the surrounding structure and it appears that the asphalt has been previously patched indicating a prior problem. Mr. Barrera from the City of Delray Utilities informed UUDSI of lakes on each side of the street which we feel account for the significant source of the water intrusion. UUDSI is confident that our firm can perform a long term permanent repair to this structure with significant cost savings to the City of Delray. We have been very successful in dealing with this similar situation in other cities and industries. The issues facing us require the use of our non traditional underwater approach to effect repairs. Several issues of concern are present that I would like to address. 1. The area of water intrusion indicates that the bench and invert would have to be removed. It is our experience that water intrusion in this area indicates damage from beneath the concrete bench. We have found that the water intrusion will travel under the bench masking the actual area of water intrusion. Once the bench is removed an accurate appraisal of the situation can be performed and in this case a repair must be made immediately to prevent further substantial erosion to the surrounding soils and roadway. 2. The depth of the manhole and the high water flow indicate significant hydrostatic pressure and a high head of water. UUDSI would bypass the sewer lines with our bypass equipment which will re-route all of the waste water through our bypass lines directly to the pump station. Once our system is in place the hydrostatic head within the manhole will equalize with the surrounding ground water and eliminate any further erosion. The water level in the manhole will require the repairs to be performed underwater. 3. The poor soil conditions and the sink hole indicate that there is probable erosion to the manhole foundation and water filled fissures leading to the lake. UUDSI would core a 2" hole in "Underwater Inspection & Maintenance Services " the base slab and slurry the foundation of the structure. (This procedure is described in our literature) 4. After removing the concrete and bench it may be necessary to form up the bottom of the manhole and pour a 6000 PSI silica fumed concrete mix to reform the base. We have used this technique extensively underwater with excellent long term results. While working there would be no interruption to sewer service or passage of the roadway. I have attached a proposal. If you find our terms acceptable UUDSI will install the bypass system immediately to prevent any further damage to the roadway and structure. Underwater Unlimited is very pleased that we have been considered for these repairs and for future services with the City of Delray Beach. Sincerely, ~~ Thomas Churbuck Executive Vice President Boynton Beach Office 11/1 Chattanooga Office ] 399 S.w. 30th Avenue, Suite 3 2288 Gunbarrel Road, Suite 111-242 Boynton Beach, FL 33426 Chattanooga, TN 37421 Te]: (407) 734-7588 Tel: (800) 734-7583 Fax: (407) 734-3614 UnD€RWRT€R Fax: (6]5) 499-5551 UnUmIT€D DIVING SERVICES, INC. January 27, 1994 Service Proposal Underwater Unlimited Diving Services, Inc. (UUDSI) is pleased to submit the following proposal to the City of Delray Beach, Florida for the structural repair to the manhole structure in the vicinity of Dover Road. Scope of Proposal DUDSI proposes the following repair services necessary to structurally repair and eliminate water intrusion for the above mentioned man hole. Deliverables Inspection UUDSI will inspect the structure to determine the extent of damage and to identify the most effective repair to the structure. The inspection will include still photography, video of the structure (before and after the repair) and a written report of the findings that will be submitted to the designated City of Delray Beach representative. A copy of this report will be maintained in UUDSI's data base for future reference. Follow up Inspections UUDSI will perform a reinspection of the repaired manhole structure annually for a period of 2 years. Repair Deliverables UUDSI will identify all outside water intrusion to the structure. All affected areas will be repaired using the application technique and materials developed by UUDSI. These are considered permanent structural repairs and when completed, there will be a permanent barrier that will protect the manhole from any further ground water infiltration. . UUDSI will provide all materials, commercial diving equipment, personnel and specialized equipment to perform the repairs. "Underwater Inspection & Mail/tel/al/ce Services" . , - · UUDSI will provide all of the safety equipment required by OSHA to perform work in manholes and to conduct commercial diving operations in contaminated water. · UUDSI will support the entire project to include bypass equipment. · UUDSI will remove the "bench and invert" at the bottom of the necessary to make repairs. The City of Delray Beach will be responsible for replacing the "Bench and invert" . · UUDSI is not responsible for repairing the asphalt or compacting the road. · UUDSI will clean the job site once the work is completed. Warranties UUDSI will guarantee it's repair made to manhole structures for a period of two years after the completion of work. If during the I year warranty period a failure of the repairs performed by UUDSI are detected by either City of Delray Beach or UUDSI, the appropriate repairs will be made to the structure by UUDSI at no cost to the City of Delray Beach. C!!m Lump Sum $15,000 Payment Terms 2% 10 Days; Net 30 UUDSI's proven solution for the structural repair of manhole structure is efficient and cost effective. Our technique combines proprietary materials specifically developed for harsh hydraulic environments of this type. We utilize a very unique application method that combines commercial diving techniques with the physics of fluid dynamics to effect a long term permanent repair of the structure. Because of our unique capabilities and techniques, UUDSI requires that all clients respect the confidentiality of out products and repair techniques with respect to discussing our proprietary information with other commercial contractors. Applicable Law State of Florida Thomas Churbuck Executive Vice President '. , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # g'. M· - MEETING OF FEBRUARY 7. 1995 CHILDREN'S SUBSTANCE ABUSE GRANT/HEALTH AND REHABILITA- TIVE SERVICES DATE: FEBRUARY 3, 1995 This is before the Commission to accept funding from the Florida Department of Health and Rehabilitative Services in the amount of $24,000, to administer the Excel Focus 5 drug prevention program. Excel Focus 5 is an after-school drug prevention program that began with the Governor's Drug-Free Communities Grant. This program was jointly administered by the Community Development Di vision and MADDADs; however, funding was not renewed for FY 1994/95 so MADDADs sought and received a grant from the HRS. There is a requirement for the City to provide matching funds at 33 percent of the grant amount, which may be satisfied by in-kind contributions. The children targeted for this program attend Pine Grove Elemen- tary School, and will be transported by the Parks and Recreation Department to the Carver Service Center. The cost of transporta- tion will be used to partially fulfill the match requirements, along with costs associated with housing the program. Recommend acceptance of the Children's Substance Abuse funds from Health and Rehabilitative Services, in the amount of $24,000, with the City matching 33 percent of the grant amount, subject to approval of the contract documents by the City Attorney. . . . Aqenda I tela No. & 8"/1 ,. '''GENUA REQUESt' Date: 2/1/95 Request to be placed on:' X . Reqular Agenda Special Aqenda . Workshop Aqenda When: 2/7 /95 Uescription of agenda item (who, what, where, how much), . Children's Substance Abuse Grant . $24,000 front HRS . ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda t ion: Approval Department Head Signature: ~)?~ --------- . f Deter1l1ination of Consistency with Comprehensive Plana , City Attorney Reviewl Recommendation (if applicable): . Budget Director Review (required on all itea. involving expenditure of funds): Fundlnq available: YES/ NO Fundlnq alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: .7 :, '. 0 t . ~ ~. , ¡l¿ ryu<-. ~cC~X'-'!- .~\ {<1~' Approved Cor aqenda: (!E$/ NO" Lt ~ .', ~ Hold Until: ./ --C¡" {/ {... ~:'7 ('trL /~\..~.ç- -I fJ' Agenda Coordinator Review: ¿Ý'17-1 Received: , . Action: Approved/Disapproved MEMORANDUM To: David Harden, City Manager From: Dorothy Ellington, Community Development Coordinator 8~ Thru: Lula Butler, Community Improvement Director L/J Date: January 25, 1995 Subject: City Commission Agenda Request Children's Substance Abuse Grant ITEM BEFORE THE COMMISSION This is to request approval to accept funding from the Florida Department of Health and Rehabilitative Services (HRS) in the amount of $24,000. The funds will be used to administer the Excel Focus 5 drug prevention program. BACKGROUND In December 1994 we were notified that we were being awarded $24,000 in HRS Children's Substance Abuse funds to be used to administer the Excel Focus 5 program. Excel Focus 5 is an after school drug prevention program that began during FY1993-94 with the Drug-Free Communities Grant. This program was jointly administered by the Community Development Division and MADDADs. Funding through the Governor's Drug Free Communities program was not renewed for the FY94-95 program year requiring the MADDAD's organization to seek alternate funds for the program. We were not required to submit a formal application for this program since we had submitted an application for renewal of the Governor's Drug-Free Communities Grant. Funding was granted based on the program description submitted during that application cycle and HRS' familiarity with the program. There is a requirement for the City to provide matching funds at 33% of the grant amount which may be satisfied by in-kind contributions. Attached for your information are the award letter, program description and Budget. The children targeted for this program attend Pine Grove Elementary and will be transported by the Parks and Recreation Department to the Carver Service Center. The cost of transportation will be used to partially fulfill the match requirements along with costs associated with housing the program. Page 2 Commission Agenda Request RECOMMENDATION Staff recommends approval of this request to accept funding from the Department of HRS in order to continue the Excel Focus 5 Drug Prevention Program. EXCEL FOCUS V FISCAL YEAR 1994-95 BUDGET SALARIES One Part-Time Coordinator $ 6,122 ($11.66 x 25 Hrs per Week x 21 weeks) One Part-Time Administrative Assistant $ 4,225 ($10.06 x 20 hrs per week x 21 weeks) Two Recreation Leaders $ 5,729 ($6.82 x 20 hrs per week x 21 weeks) FICA ($16,076 x 7.65%) $ 1.230 Total Salaries $17,306 PROGRAM COSTS Recreation Activities $ 2,010 (Golf, Basketball, Ceramics, Ocean Awareness, Gymnastics and Music) Field Trips $ 2,764 (Funds allocated for trips to Lion Country Safari, Discovery Museum, Dreyer Park Zoo, Miami Seaquarium, Palm Beach Planetarium) Artistic Productions $1,000 (C.A.T.S., see program description) (Funds allocated for facilitator, materials and supplies) Supplies $ 500 (Art supplies, paper, folders, magazines, text books) Phone $ 420 (Based on current monthly expenses, 6 months x $70) . 07/01/94 ADM Services ATTACHMENT I - PURCHASE OF SERVICES D. Special provisions . 1. Fee Schedule The provider will develop a fee schedule and fee collection pOlicy, based on income and family size, which will not provide barriers to persons in need of publicly supported services. The fee schedule and fee collection policy for publicly supported services shall be approved by the department. , 2. Grievance Procedures The provider will establish procedures through which applicants for and recipients of services may present grievances about the operation of the services being provided under this contract. The provider will advise persons of their right to appeal a denial or exclusion from the program, for failure to take account of an individual's choice of service and through request of a fair hearing to the final governing authority of the agency. 3. Clinical Records As defined by Section 394.459(9), Florida Statutes, clinical records are exempt as public records to protect client confidentiality. 4. Required Reports The provider will submit financial and prQgrammatic reports that are specified in Exhibit D , to the department. 5. Substance Abusing Parents Involved With_Children and Family Protective Supervision, Health Service Case Management and Primary CareAservices. The provider agrees to make every effort to obtain a client's informed consent for release of information to/from: HRS Children and Family (C&F) Program when the client/family is under C&F protective supervision; and/or HRS County Public Health Units when the client/family is involved with case management and/or prjmary medical care services. This will enable the provider to better coordinate with and communicate to other professionals intervening with the client and his/her family and better ensure the health, safety and welfare of the children of substance abusing/recovering parent(s) or caretaker(s). HC03 . 07/01/94' ADM Services ATTACHMENT I - PURCHASE OF SERVICES . Performance Objectives and Outcome Measures 6. Pursuant to Florida statute 20.19(20) (c)l.,- the provider shall maintain data on the outcome measures specified in Exhibit E and/or Exhibit F for the types of services provided under this contract and shall submit such data to the department upon request. . ~ - A ; RC03 . ... £ O;)H ~ .. ~ , o ~ ~ . ~ n H g ~ ~ ~H ~ O~ o ~O ~ , N C ~ ~ ~E o ~ N C ~. a~ ~ ~ O~ C '" . ~ ~ - 0 r = ß ~ o :III o ~ C o N a ~ ~ "'>- H CtII n 0 ~C ~ ~=t~ = ~~þJ~ ' ~ ~~OO þJ~"II~ "'>'~2: :III þJ ~ rn ~ ~~ ' :III~ H H I ~~ 0 0= "~ þJ þJþJ I M 0 ~~ ~ . = I . := i", ~ H ~ .... . ~>o ::; " . '" tI ~ ~ 8~ ~~ ~~ a .. ~ & C M 2: i!í~ .. 0 ;i~ .. þ ~ . ~~ ~~ þ 7/1/94 ALCOHOL, DRUG ABUSE AND MENTAL HEALTH SERVICES _REGUlAR PURCHASE OF SERVICES _FINAL EXHIBIT B - INVOICE PROVIDER NAME AND ADDRESS: CONTRACT II TIME PERIOD: TO: DATE: INDIVIDUALS/GROUPS CONTRACf 1/ UNITS BILLABLE SERVED COST CENTERS RATE PROVIDED AMOUNT . , I I I i : ! j ¡ ¡ I I I - .. - TOTAL INVOICE AMOUNT I CERTIFY THAT THE ABOVE REPORT IS A TRUE AND ACCURATE REFLECfION OF THIS PERIOD'S ACI1VITIES AS STIPULATED IN THIS CONTRACf. SIGNATURE OF AGENCY OFFICIAL Þ" TITLE DATE APPROVED FOR PAYMENT: CONTRACf MANAGER SIGNATURE DATE RC03 . . 07/01/94 Alcohol, Drug Abuse and K.~tal Health Services(ADK) Community Mental Health and Substance Abuse Prevention and Treatment Block Grant Requirements . EXHIBIT C I. If the provider receives federal funds authorized under the ADAMHA Block Grant Program, which includes the community Mental Health Services Block Grant and the Prevention and Treatment of Substance Abuse Block Grant, the provider will: A. Ensure that block grant funds are not used to fund inpatient services. Inpatient services are defined as services delivered in a licensed hospital. B.. Ensure that block qrant funds are not used to make cash payments to intended recipients of health services. C. Ensure that block qrant funds are accounted for in ~ a manner that permits separate reporting. D. Ensure that block grant funds are not used to satisfy any requirement for the expenditure of non-federal funds as a condition of the receipt of federal funds. E. Ensure that block grant funds are not used for the purpose of purchasing or improving land, to purchase, construct or permanently improve (other than minor remodeling) any building or other facility, or to purchase major medical equipment. F. Ensure that block grant funds are not used to provide financial assistance to any entity other than a public or nonprofit private entity. G. Ensure that block grant funds are not used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of $125,000 per year. H. Ensure that block grant funds are not expended to carry out any program of distributing sterile needles for thé hypodermic injection of any illegal drug or distributing bleach for the purpose of cleansing needles for such hypodermic injection. I. Ensure that block grant funds are not expended to carry out any testing;for the etiologic agent for acquired immune deficiency syndrome unless such testing is accompanied by appropriate pretest counseling and appropriate post-test counseling. HC03 . 07/01/94 ADM Services EXHIBIT C (Cont.) J. Ensure that, to the maximum extent practicable, each person who requests and is in need of treatment for . intravenous drug abuse is admitted to appropriate treatment within 14 days of the request or is provided inter~ services within 48· hours and admitted to treatment within 120 days. K. Ensure that Substance Abuse Prevention and Treatment Block Grant funds expended for services to women are in accordance with Interim Final Rule, 45 CFR Part 96, and Rule 10D- 115, F.A.C., and ensure compliance with the specification given in Chapter 8-9 of the Guide to Performance contracting which contains more details regarding additional federal compliance requirements. L. Ensure that outreach services reimbursed by the Substance Abuse Prevention and Treatment Block Grant are based on one of the three models approved by the National Institute of Drug Abuse: the Standard Intervention. Model, the Behavioral ~. Counseling Model, or the Indigenous Leader Model. The provider agrees to obtain approval from the department for the method used, to secure written approval from the department before making any changes and ensure compliance with the specifications given in Chapter 8-9 of the Guide to Performance contracting which contains additional federal requirements. M. Ensure that early intervention services for the Human Immunodeficiency Virus (HIV) projects are in compliance with the specifications given in Chapter 8-9 of the Guide to Performance Contracting which contains additional federal requirements. II. The provider will submit information, in writing and in a manner as specified by the department, regarding (1) the description of services; (2) the projected number of clients to be served; and, (3) the actual number of clients served by whatever funding agreement is specified in Exhibit F. This information, subject to audit, will be retained by the department as documentation of compliance with program requirements. , HC03 07/01/94 Alcohol, Drug Abuse and Mental Health Services REQUIRED REPORTS EXHIBIT D REPORTS REQUIRED POR ALL CONTRACT PROVIDERS . . . Due Date CODies Send To · Response to Monitoring Reports · Agency Service Capacity Report · Cost Center Funding Sources and Revenue Report · Local Match Plan · Monthly Data specified for the Interim Data System . Reports Required for Substance Abus..Ptaviders . . . .. · State Interim Substance Abuse Reports (SISAR: Admission, Discharge, and Detox) · Substance Abuse Provider waiting List Report · Performance Measure Reports · Alpha/Beta Pre/Post Program Reports · AIDS Report · Prevention Services Report Reports Required for Children's Kental Health Providers · ~Priority Service List .. Optional aeporta · Cost Center Expense Report · Cost Center Personnel Detail Report ... · Quarterly Local Match Analysis Report · Indigent Drug Report . 07/01/94 Alcohol, Drug Abuse and Mental Health Services Special Requirements for Children's Services EXHIBIT E A. The provider shall not initiate any publicity involving recipients, including the use of name or identifiable . pictures, without the written consent of the recipient, parents or legal guardian. B. Children and Family Services, and Delinquency Services recipients shall be given priority for alcohol, drug abuse and mental health services. Children in the physical custody of the department who are adjudicated dependent or delinquent shall be given the highest priority for alcohol, drug abuse and mental health services. C. The provider shall allow the contract manager and other agents of the department, including the child's designated case manager, to conduct private, confidential interviews with the child and with provider staff. D. The provider shall identify and maintain documentation of Title IV-E expenditures for each Title IV-E eligible recipient served as specified in HRS Accounting Procedures Manual, Volume 2, Chapter 9. E. The provider shall submit documentation of service provision to Title IV-E eligible recipients to the department in the form and manner-specified by the district. A ; HC03 . 07/01/94 Alcohol, Drug Abuse and Mental Health (ADM) Services Contract Performance Measures EXHIBIT F . I. Funding Agreement Requirements: . A. community Mental Health Block Grant Funding Agreement 1. Children wìth A Serious Emotional Disturbance: To expend mental health block grant funds to increase funding for the system of integrated mental health services for children with serious emotional disturbance. Required Expenditure Amount $ ~. Substance Abuse Prevention and Treatment Block Grant - Funding Agreements 1. Alcohol and Other Drug Services: a. To expend substance abuse block grant funds for prevention and treatment activities regarding alcohol. Required Expenditure Amount $ Prevention: $ Treatment: $ b. To expend substance abuse block grant funds for prevention and treatment activities regarding other drugs. Required Expenditure Amount $ Prevention: $ Treatment: $ 4 ; HC03 07/01/94 ADM Services Contract Performance Measures EXHIBIT F (Cont.) 2. Services to Women: . To expend substance abuse block grant funds to increase the availability of substance abuse treatment services . for women. Special emphasis is placed on the provision of services to pregnant women and women with dependent children. See Chapter 8-9 of Guide to Performance còntracting for ADM Services for additional federal requirements. Required Expenditure Amounts $ Alcohol $ other Drug $ 3. Early Intervention Services for Human Immunodeficiency virus (HIV) Projects: To expend substance abuse b~ock grant funds to make - early intervention services· available to individuals with HIV disease undergoing substance abuse treatment. See Chapter 8-9 of Guide to Performance Contracting for ADM Services for additional federal requirements. Required Expenditure Amount $ C. CDC AIDS Grant 1. To expend these federal funds in accordance with Exhibit . ........... Required Expenditure Amount $ D. Forensic Services 1. To expend Community Mental Health Services funds to make screening services available to individuals in jail and referred for determination of need for mental health services. A Required Expenditure Amount $ . . II. Performance Objectives and Outcome Measures A. Community Forensic In-Jail Program - 100 percent of referred detJinees will be screened for determination of need for mental health services. HC03 . 07/01/94 ADM Services Contract Performance Measures EXHIBIT F (Cont.) B. ALPHA Programs Only . 1. Eighty percent of students will achieve a minimum of a six month (for semester programs) or twelve month (for full school year programs) grade level increase in reading or will progress to within grade level, as measured by the Woodcock Reading Test or similar instrument. 2. Eighty percent of students will achieve a minimum of ~ s~x month (for semester programs) or twelve month (for full school year programs) grade level increase in mathematics or will progress within grade level, as measured by the Key Math Test or similar instrument. 3. Eighty percent of students identified as having "significant" or "very siq~ificant" behavior problems . will demonstrate improvement on the Burks Behavior Rating Scale or similar instrument. 4. Eighty percent of students who complete the Alpha proqram,will not become involved in drug/alcohol treatment programs or have an adjudication for delinquency within one year after program completion, as evidenced by parental report and HRS or police records. C. Outreach Services Outreach services funded by the Substance Abuse Prevention and Treatment Block Grant will be provided using one of the models indicated below. See Chapter 8-9 of the Guide to Performance· Contracting for ADM Services for additional federal requirements. 1. Standard: . 2. Behavioral: -; 3. Indigenous:_ -' ~ D. Children's Mental Health . 1. percent of children served will be children who have been referred to the provider and who have been adjudicated dependent or delinquent and are in the physical custody of the department. .. 2. percent of children served will show improvement in behavior and condition upon program completion based upon a standardized behavioral assessment instrument administered at admission and again at discharge. HC03 07/01/94 ADM Services contract Performance Measures EXHIBIT F (Cont.) E. Adult Mental Health Services . percent of all state general revenue and federal mental health block grant, but not less than 75 percent, must be utilized to serve individuals who are seriously mentally ill. A person who meets the following criteria can be considered as seriously mentally ill: 1. A person awaiting admission to, in placement at, or discharged from a state mental health facility; 2. A person who is at risk of institutionalization or incarceration for mental health reasons; 3. A person who has had one or more admissions to a crisis stabilization unit,. ~hort-term residential - facility, or inpatient psychiatric unit; and/or 4. A person who is experiencing long-term or serious acute episodes of mental impairment that may put him/her at risk of requiring more intensive services. ---- . r "'," ~ ", ". "",."'" ~Dr,". _I \ ,. ./,.~;...,. '. :', 6; 5 " \ '. " .; ,.t.f/ t:. \ ' t:!it. ~'.'~ ......:.-.... j 'u \ JAN 1 7 1995 \ \ ' . ...-, ,r-. .1,-1\,' ~.. . "." ",.....,..." r· -. ('. , Lrº-~~~~---- - '.. .. ... HC03 . . 7/1/94 Contract No. .. STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES STANDARD CONTRACT THIS CONTRACT is entered into between the State of Florida. Department of Health and Rehabilitative Services. hereinafter referred to as the "department". and . hereinafter referred to as the "provider". THE PARTIES AGREE: I. THE PROVIDER AGREES: 4. To provide a financial and compliance audit to the department as specified in Attachment and A. To provide services according to the conditions specified to ensure that all related party transactions are disclosed to the auditor. Additional audit requirements in Attachment(s) are specified in Attachment I, Special Provisions. B. Federal Laws and Regulations Section 1. If this contract contains federal funds. the provider 5. To include these aforementioned audit and record shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR. Part 92, and other applicable keeping requirements in all approved subcontracts and regulations as specified in Attachment assignments. 2. If this contract contains federal funds and is over 6. If this contract contains federal funds. the CFDA $100,000, the provider shall comply with all applicable number(s) is standards, orders. or regulations issued under Section 306 of the Clean Air Act, as amended (42 U.S.C. 7. This contract funded from a grants and aids 1857(h) et seq.), Section 508 of the Oean Water Act, appropriation. as amended (33 U.S.C. 1368 et seq.). Executive Order 11738, and Environmental Protection Agency D.Retention of Records regulations (40 CFR Part 15). The provider shall report 1. To retain all client records, financial records, any violations of the above to the department. supporting documents, statistical records, and any 3. If this contract contains federal funding in excess of other documents (including electronic storage media) pertinent to this contract for a period of five (5) years $100,000. the provider must, prior to contract after termination of this contract, or if an audit has execution, complete the Certification Regarding been initiated and audit findings have not been lobbying form. Attachment . If a Disclosure resolved at the end of five (5) years, the records shall of lobbying Activities form. Standard Form lll, is be retained until resolution of the audit findings. required, it may be obtained from the contract manager. All disclosure forms as required by the 2. Persons duly authorized by the department and federal Certification Regarding lobbying form must be auditors, pursuant to 45 CFR, Part 92.36(i)(10), shall completed and returned to the contract manager. have full access to and the right to examine any of said C.Audits and Records records and documents during said retention period or 1. To maintain books. records, and documents (including as long as records are retained, whichever is later. electronic storage media) in accordance with generally 3. Upon completion or termination of the contract and at accepted accounting procedures and practices which sufficiently and properly reflect all revenues and the request of the department, the provider will expenditures of funds provided by the department cooperate with the department to facilitate the under this contract. duplication and transfer of any said records or documents during the required retention period as 2. To assure that these records shall be subject at all specified i" paragraph 0.1. above. reasonable times to inspection. review, or audit by state personnel and other personnel duly authorized E. Monitoring by the department. as well as by federal personnel. 1. To provide reports as specified in Attachment . These reports will be used for monitoring 3. To maintain and file wi\h the department. such progress or performance of the contractual services as progress. fiscal and inventory reports as specified in specified in Attachment Attachment , and other reports as the department may require within the perioâ of this 2. To permit persons duly authorized by the department contract. Such reporting requirements must be to inspect any records, papers, documents. facilities. reasonable given the scope and purpose of this goods and services of the provider which are relevant contract. to this contract, and/or interview any clients and employees of the provider to be assured of satisfactory performance of the terms and conditions of this 1 7/1/94 contract. Following such inspection the department that it is an independent contractor and not an agent or will deliver to the provider a list of its comments with employee of the department. regard to the manner in which said goods or services are being provided. The provider will rectify all noted G.lnsurance. . .. . deficiencies provided by the department within the 1. To provide ~dequate. liability Insurance coverage on a specified period of time set forth in the comments or comprehensIVe basIs and to hold such liability provide the department with a reasonable and insurance at all times during the existence of this acceptable justification for not correcting the noted ~ont~a~t. The provide.r .accepts full responsibility for shortcomings. The provider's failure to correct or l?e~~lfyl~g and determining the type(s~ and extent of justify within a reasonable time as specified by the l~abJl ty nsuran~e necessary t~ provide rea~onable department may result in the withholding of payments, financial protectlon~ for the provider and the clients to being deemed in breach or default. or termination of bE7 served under this ~ontract. Upon the execution of this contract. this contract, the provider shall furnish the department written verification supporting both the determination F.lndemnification and existence of such insurance coverage. Such If the provider is a state agency or subdivision as defined coverage may be provided by a self-insurance in section 768.28, Florida Statutes, only No. 2 below is program established and operating under the laws of applicable. Other than state agencies or subdivisions the State of Florida. The department reserves the right refer only to No.1. to require additional insurance as specified in Attachment where appropriate. 1. The provider agrees to be liable for all claims, suits, judgments, or damages, including court costs and 2. If the provider is a state agency or subdivision as attorney's fees. arising out of the negligent or defined by section 768.28, Aorida Statutes, the intentional acts or omissions of the provider, and its provider shall furnish the department, upon request, agents, subcontractors, and employees, in the course written verification of liability protection in accordance of the operation of this contract. Further, the provider with section 768.28, Florida Statutes. Nothing herein agrees to indemnify the department against all claims, shall be construed to extend any party's liability suits, judgments, or damages, including court costs beyond that provided in section 768.28, Florida and attorney's fees, arising out of the negligent or Statutes. intentional acts or omissions of the provider, and its agents, subcontractors, and employees, in the course H.Safeguarding Information of the operation of this contract. Also, the provider Not to use or disclose any information concerning a agrees to defend the department, upon receiving recipient of services under this contract for any purpose timely written notification from the department, against not in conformity with the state regulations and federal all claims. suits, judgments, or damages. including regulations (45 CFR, Part 205.50), except upon written costs and attorney's fees. arising out of the negligent consent of the recipient, or his responsible parent or or intentional acts or omissions of the provider and its guardian when authorized by law. agents, subcontractors. and employees, in the course of the operation of this contract. Where the provider J. Client Information and the department commit joint negligent acts. the To submit management. program, and client identifiable provider shall not be liable for nor have any obligation data, as specified by the department in Attachment to defend the department with respect to that part of the joint negligent act committed by the department. In no event shall the provider be liable for or have any J. Assignments and Subcontracts obligation to defend the department against such 1. To neither assign the responsibility of this contract to claims, suits, judgments, or damages, including costs another party nor subcontract for any of the work and attorney's fees. arising out of the sole negligent contemplated under this contract without prior written acts of the department. The provider agrees that it is approval of the department. No such approval by the an independent contractor and not an agent or department of any assignment or subcontract shall be employee of the department. deemed 1n any event or in any manner to provide tor the incurrence of any obligation of the department in 2. Any provider who is a state agency or subdivision, as addition to the total do~lar amount agreed upon in this defined in section 768.28, Florida Statutes, agrees to contra~t. All such assl~~ments or subcontracts shall be fully responsible for its negligent acts or omissions be s.ub ect to the conditions of this contract (except or tortious acts which result in claims or suits against Section I, Paragraph 0.1.) and to any conditions of the department, and agrees to be liable for any approval that the department shall deem necessary. damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a 2. Unless otherwise stated in the contract between the waiver of sovereign immunity by any provider to which provider and subcontractor, payments made by the sovereign immunity applies. Nothing herein shall be provider to the subcontractor must be within seven (7) construed as consent by a state agency or subdivision working days after receipt ot full or partial payments of the State of Florida to be sued by third parties in any from the department in accordance with section matter arising out of any contract. The provider agrees 287.0585. Florida Statutes. Failure to pay within seven 2 !. 7/1"/94 . (7) working days will result in a penalty charged Administrative Code. The provider shall submit to the against the provider and paid to the subcontractor in department the reports required pursuant to Volume 10. the amount of one-half of one (1) percent of the Chapter 27. HRS Accounting Procedures Manual. amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in O.Purchasing addition to actual payments owed and shall not exceed 1. PRIDE fifteen (15) percent of the outstanding balance due. It is expressly understood and agreed that any articles which are the subject of. or are required to carry out K. Financial Reports this contract shall be purchased from Prison To provide financial reports to the department as Rehabilitative Industries and Diversified Enterprises, specified in Attachment Inc. (PRIDE) identified under Chapter 946. Florida Statutes. in the same manner and under the L Return of Funds procedures set forth in subsections 946.515(2) and (4), 1. To return to the department any overpayments due to Florida Statutes. For purposes of this contract, the unearned funds or funds disallowed pursuant to the person, firm, or other business entity carrying out the terms of this contract that were disbursed to the provisions of this contract shall be deemed to be provider by the department. The provider shall return substituted for the department insofar as dealings with any overpayment to the department within forty (40) PRIDE. This clause is not applicable to any calendar days after either discovery by the provider, or subcontractors, unless otherwise required by law. An notification by the department, of the overpayment. In abbreviated list of products/services available from the event that the provider or its independent auditor PRIDE may be obtained by contacting PRIDE's discovers an overpayment has been made, the Tallahassee branch office at (904) 487-3774 or provider shall repay said overpayment within forty (40) SunCom 277-3774. . calendar days without prior notification from the department. In the event that the department first 2. Procurement of Products or Materials with discovers an overpayment has been made, the Re~~cled C?~tent department will notify the provider by letter of such a Additionally, it IS expressly understood and agreed that finding. Should repayment not be made in a timely any prod~cts or materials which. are the subject of, or manner. the department will charge interest of one (1) are reqUlr~ to carry out ~hls contract, ~hall be percent per month compounded on the outstanding procured In accordance with the provIsions of balance after forty (40) calendar days after the date of sections 403.7065, and 287.045, Florida Statutes. notification or discovery. P. Civil Rights Requirements . . . 1. ProvlCter Assurance 2. FC?r ~tate unNersitles, should repayment not be made The provider assures that it will co I 'tho within forty (40) calendar days after the date of ' " , mp y WI . notification, the department will notify the State a. TItle VI of the Civil Rights Act of 1964., as amen~e,d, Comptroller's Office who will then enact a transfer of 4? U..S.~. ,2000d et. seq., which pro~lblts the amounts owed from the state university's account dl~c.nmlnatlon on the baSIS of race. color, or national to the account of HRS. origin. M. Incident Reporting b. Section 504 of the Rehabilitation Act of 1973, as 1. Client Risk Prevention amended, 29 U.S.C. 794, which prohibits If services to clients will be provided under this discrimination on the basis of handicap. contract, the provider and any subcontractors shall, in accordance with the client risk prevention system, c. Title IX of the Education Amendments of 1972, as report those reportable situations listed in amended, 20 U.S.C. 1681 et seq., which prohibits HRSR 215-6, paragraph 5, in the manner prescribed in discrimination on the basis of sex. HRSR 215-6 or district operating procedures. d. The Age Discrimination Act of 1975, as amended, 42 2. Abuse, Neglect and Exploitation Reporting U.S.C. 6101 et seq., which prohibits discrimination In compliance with Chapter 415, Aorida Statutes. an on the basis of age. employee of the provider who knows, or has reasonable cause to suspect, that a child, aged person e. Section 654 of the Omnibus Budget Reconciliation or di~bled adul.t is or .has been abused, neglècted, or Act of 1981,' as amended,' 42 U.S.C. 9849. which expl~it~, shall Immediately report s~ch knowledge, or prohibits discrimination on the basis of race. creecl. SUspicion to the central abuse re~lstry éU1d t!'8cklng color, national origin, sex. handicap. political system of the department on the single statewide toll- affiliation or beliefs, free telephone number (1-800-96ABUSE). . . f. The Americans with Disabilities Act of 1990, P.L. 101- N. Tra,:,sportatlon Disadvantaged. 336, which prohibits discrimination on the basis of If ch~nts a~e to be tra~sported u~~r this contract, the disability and requires reasonable accommodation provider will comply wIth the provIsions of Chapter 427, for persons with disabilities Florida Statutes, and Rule Chapter 41-2, Florida . 3 '. . 7/1/9~ , B. Contract Payment Pursuant to section 215.422, Aorida Statutes, the B. Termination voucher authorizing payment of an invoice submitted to 1. Termination at Will the department shall be filed with the State Comptroller This contract may be terminated by either party upon not later than twenty (20) days from the latter of the date no less than thirty (30) calendar days notice. without a proper invoice is received or receipt, inspection and cause, unless a lesser time is mutually agreed upon by approval of the goods or services, except that in the case both parties. Said notice shall be delivered by certified of a bona fide dispute the voucher shall contain a mail, return receipt requested, or in person with proof statement of the dispute and authorize payment only in of delivery. the amount not disputed. The date on which an invoice is deemed received is the date on which a proper invoice is 2. Termination Because of Lack of Funds first received at the place designated by the department. In the event funds to finance this contract become Invoices which have to be returned to a vendor because unavailable, the department may terminate the of vendor preparation errors will result in a delay in the contract upon no less than twenty-four (24) hours payment. The invoice payment requirements do not start notice in writing to the provider. Said notice shall be untU a property completed invoice. as defined in Rule delivered by certified mail, return receipt requested, or Chapter 3A-24, Aorida Administrative Code. is provided in person with proof of delivery. The department shall to the department. Approval and inspection of goods or be the final authority as to the availability of funds. services shall take no longer than five (5) working days . . unless the bid specifications, purchase order or contract 3. Termination for Breach specifies otherwise. Such approval is for the purpose of Unless the, proy!der's breach is waived by the authorizing payments and does not constitute a fina1 de~artment In wr~lng. the ~epartm,ent may, by written approval of services purchased under this contract. A notice to the provider. terminate this contract upon no payment is de~med to be issued' on the first working day less than tw~nty-four (24) h,~urs not!ce. Said noti~e that payment IS available for delivery or mailing to the shall be delrv~red by cert~led mall, retur~ receipt provider. If a warrant in payment of an invoice is not requ.ested. or In person with proof of delivery. If issued· within forty (40) days. or thirty-fIVe (35) days for applr,~ble, th~ department may employ the default health care providers as defined in Rule Chapter 3A-24, prov~sl~ns. In Chapter,60A-1.006(4), Aorida Aorida Administrative Code. after the receipt of the Admln,lstratlve ,Code. WaIVer of breach of any Invoice and receipt, inspection, and approval of the pr~vlslons of this contract shall not be deemed to be a goods and services. the department shall pay to the waIVer of any. oth~r breach and shall not be construed provider in addition to the amount of the invoice interest to be a modification of the terms of this contract. The at a rate of one (1) percent per month calculated on a provisi.ons herein do not limit the department's right to daily basis on the unpaid balance from the expiration of remedies at law or to damages. such forty (40) day period. or thirty-five (35) day period . for health care providers as defined in Rule C. Notice and Contact Chapter 3A-24, Aorida Administrative Code, until such 1. The name, address and telephone number of the time that the warrant is issued to the provider. The ~ontract manager for the department for this contract temporary unavailability of funds to make a timely IS: payment due for goods or services does not relieve the department from this obligation to pay interest penalties. C. Vendor Ombudsman A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely 2. The name,. address and teler:>hone numbe~ of the payment(s) from. a state agency. The Vendor repr~s~ntat.lve of the provider ~esponslble, for Ombudsman may be contacted at (904) 488-2924 or by administration of the pr~gram under this contract IS: . calling the State Comptroller's Hotline. 1-800-848-3792. .. III. THE PROVIDER AND DEPARTMENT MUTUALL V AGREE: A. Effective Date 1. This contract shall begin on 3.ln the event that different representatives are or on the date on which the contract has beeJl signed designated by either party after execution of thIs by both parties, whichever is later. contract, notice of the name and address of the new representative will be rendered in writing to the other 2. This contract shall end on party and said notification attached to originals of this contract. 5 7/1/94 ; Contract No. D.Renegotlation or Modification 2. The name of the contact person and street address where financial and administrative records are 1. Modifications of provisions of this contract shall only maintained: be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this contract if federal and/or state revisions of any applicable laws. or regulations make changes in this contract necessary. 2. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases F. All Terms and Conditions Included and changes in the rate of payment when these have This contract and its attachments as referenced. been established through the appropriations process ( and subsequently identified in the department's operating budget. E. Name, Mailing and Street Address of Payee ). contain all the terms and conditions agreed upon by the 1. The name (provider name as shown on page 1 of this parties. contract) and mailing address of the official payee to whom the payment shall be made: IN WITNESS THEREOF, the parties hereto have caused this page contract to be executed by their undersigned officials as duly authorized. PROVIDER STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABIUTATlVE SERVICES SIGNED BY: SIGNED BY: NAME: NAME: TITLE: TITLE: DATE: DATE: FEDERAL ID NUMBER (or SS Number for an individual): .. STATE AGENCY 29 DIGIT SAMAS CODE: ----------------------------- PROVIDER FISCAL YEAR ENDING DATE: - CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 6 . . " . HRS ALCOHOL AND DRUG ABUSE PROGRAM ANNUAL PREVENTION REPORT Complete and send to HRS District Alcohol, Drug Abuse and Mental Health (ADM) Office. District staff to review and send copy to HRS State ADM Office. STRA TEGY -INFORMA TlON SFY Funded Amount $ Expended $ Provides knowledge and increases awareness of the nature and extent of A abuse, and addiction, as well as their effects on individuals. families, and communi Provided Risk Category · Clearinghouse/info resource centers ( # requests) _ - - Resource directory (# distributed) - - - Media Campaigns (targeted pop. reached) - - - Brochures (# distributed) - - - RadiorrV PSAs (audience reached) - - - Speaking engagements (audience reached) - - - Health fairs/promotions (# reached) - - - Info lines/hot lines (# of calls for asst.) - - - Other - - - ----- STRA TEGY -EDUCATION '. SFY Funded Amount $ Expended $ Builds skills through structured learning processes. Critical life and social s inclu.ding decision making. peer resistance. problem solving, interpersonal commun and coping with stress ai'è examples. More interaction between facilitators and pa than in information strategy Provided Risk Category · Parenting/family mgt - - - Ongoing classroom/small group - - - Peer leader/helper - - - Educ. for youth group - - - Mentors - - - Preschool ATOD prevo programs - - - Other - - - STRATEGY-COMMUNITY AND PROFESSIONAL MOBllIZATLQN SFY Funded Amount $ Expended $ Provides ongoing networking activities and technical assistance to commur groups or agencies Provided Risk Category · I Community volunteer training - - - Systematic planning ... - - - Multi-agency coordination and collaboration - - - Community team-building - - - Accessing services and funding - - - Other - - - , 1 , . ~, -: ~~ Page Two STRA TEGY -AL TERNA TIVES SFY Funded Amount $ Expended $ Provides participation in activities that exclude A TOO. Provided Risk Category . Drug free dances/parties - - - Youth/adult leadership activities - - - Community drop-in centers - - - Community service activities - - - Outward Bound - - - Recreation activities - - Other .;::::::=-- - - - STRATEGY-SOCIAL POLICY AND ENVIRONMENTAL CHANGE SFY Funded Amount $ Expended $ Establishes or changes written and unwritten community standards. codes, and attitutes, thereby influencing alcohol and other drug use by the general population. Provided Risk Category · Promoting review of school policies - - Guidance and T/A on monitoring enforcement_ - - Modifying alcohol/tobacco advertising policies _ - - Product pricing strategies - - - Other - - - STRA TEGY -EARL Y INTERVENTION SFY Funded Amount $ Expended $ Designed to come between a substance user and his or her actions in order to modify behavior. It includes a wide spectrum of activities from users education to formal intervention and referral to treatment from a substance abuse professional. Provided Risk Category · Employee assistance programs - - - . Student assistance programs .. - - - DUI/DWI education programs - - - Other - - - ··RISK CATEGORIES 1. Children of substance abusers 7. Physically disabled . ... 2. Pregnant women/teens 8. Abuse victims 3. Drop-outs 9. Already using substances 4. Violent and delinquent behaviors 10. Homeless and/or runaway youth 5. Mental health problems 11. Other, specity (next to the line) 6. Economically disadvantaged . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f!J11 SUBJECT: AGENDA ITEM # ~.JV. - MEETING OF FEBRUARY 7. 1995 RESOLUTION NO. 6-95: DATE: FEBRUARY 3, 1995 This is a resolution assessing costs for abatement action required to remove nuisances on 33 properties located within 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. 6-95 assessing costs for abating nuisances on 33 properties located within the City. , ) RESOLUTION NO. 6-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLI8H SUCH ABATEMENT AND LEVYING THE COST OF SUCH ~RATEMENT 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. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that wi thin ten (10). days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within I I ) the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied 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 within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. 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 first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will - 2 - Res. No. 6-95 , I ) accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property (s) , and interest shall accrue at the rate of eight (8 ) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that paYment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8~ and collection costs including a reasonable attorney's o , fee. PASSED AND ADOPTED in regular session on this the day of , 1995. MAYOR ATTEST: City Clerk - - 3 - Res. No. 6-95 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOTS 17 TO 20, INC., ESTERVINA MOREDA $ 89.75 BLOCK 1, SOUTHRIDGE P.O. BOX 1953 70.00 (ADM. COST) PLAT BOOK 13, PAGE 30, DELRAY BEACH, FL PUBLIC RECORDS OF PALM 33447-1953 BEACH COUNTY, FL (REIGLE AVENUE) LOT 54, SUNSET PARK, TOMASA CRUZ $ 45.00 DELRAY, PLAT BOOK 12, 409 NW 7TH COURT 70.00 (ADM. COST) PAGE 65, PUBLIC RECORDS BOYNTON BEACH, FL OF PALM BEACH COUNTY, FL 33426-3622 (MANGO DRIVE) E37.3' OF W62.3' OF S93' HENRY R. DAVIS $ 45.00 OF BLOCK 11, TOWN OF 301 SW 8TH COURT 70.00 (ADM. COST) DELRAY, PLAT BOOK 1, DELRAY BEACH, FL PAGE 3, PUBLIC RECORDS 33444-2321 OF PALM BEACH COUNTY, FL (621 NW 1ST STREET) S50' OF N250' OF W135.5 OF MARY C. DAVIS $ 45.00 BLOCK 20, TOWN OF DELRAY, P.O. BOX 6 70.00 (ADM. COST) PLAT BOOK 1, PAGE 3, DIXIE, GA 31629-006 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (31 NW 6TH AVENUE) S150' OF W135.5' OF BLOCK MARY J. GREEN $ 58.25 26, TOWN OF DELRAY, PLAT c/o AMERIFIRST 70.00 (ADM. COST) BOOK 5, PAGE 64, PUBLIC 17500 NW 68TH AVENUE #210 RECORDS OF PALM BEACH HIALEAH, FL 33015-4044 COUNTY, FL (415 NW 2ND STREET) S50' OF N214' OF W143' OF WADE DEVELOPMENT $ 37.50 BLOCK 18, TOWN OF DELRAY, 7575 DR. PHILLIPS BLVD. 70.00 (ADM. COST) PLAT BOOK 1, PAGE 3, # 320 PUBLIC RECORDS, OF PALM ORLANDO, FL 32819-7221 BEACH COUNTY, FL (235 NW 6TH AVENUE) LOT 13, BLOCK B, CARVER FIDELITY MFG $ 45.00 MEMORIAL PARK SUB., PLAT 6677 LAKE WORTH ROAD 70.00 (ADM. COST) BOOK 20, PAGE 56, PUBLIC LAKE WORTH, FL 33471-1507 RECORDS OF PALM BEACH COUNTY, FL (NW 14TH AVE. & NW 3RD ST) - 4 - RES NO. 6-95 LOT 24, BLOCK 12, MONROE WILLIS LANE $ 45.00 SUB., PLAT BOOK 14, PAGE 1050 DOTTERAL ROAD 70.00 (ADM. COST) 67, PUBLIC RECORDS OF DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (31 NW 7TH AVENUE) LOT 9, BLOCK 10, ATLANTIC WADE DEVELOPMENT $ 45.00 GARDENS, DELRAY, PLAT 7575 DR. PHILLIPS BLVD. 70.00 (ADM. COST) BOOK 14, PAGE 63, PUBLIC # 320 RECORDS OF PALM BEACH ORLANDO, FL 32819-7221 COUNTY, FL (233 SW 11TH AVENUE) LOT 3, BLOCK 2, SILVER L. D. TERRY $ 45.00 TERRACE DELRAY, PLAT 3111 SW RUCKS DAIRY RD. 70.00 (ADM. COST) BOOK 11, PAGE 61, PUBLIC OKEECHOBEE, FL 34974-8639 RECORDS OF PALM BEACH COUNTY, FL (1107 SOUTH DIXIE HWY.) LOTS 4 & 5, BLOCK 2, L. D. TERRY $ 50.00 SILVER TERRACE, DELRAY, 3111 SW RUCKS DAIRY RD. 70.00 (ADM. COST) PLAT BOOK 11, PAGE 61, OKEECHOBEE, FL 34974-8639 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1205 SOUTH DIXIE HWY.) LOTS 2 & 3, BLOCK 4, ROGER M. COFFEY $ 50.00 ATLANTIC PARK GARDENS, 1502 NW 85TH STREET 70.00 (ADM. COST) PLAT BOOK 14, PAGE 56, MIAMI, FL 33147-4340 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SW 13TH AVENUE) LOT 6, BLOCK 3, ROSEMONT WADE DEVELOPMENT $ 45.00 PARK, DELRAY, PLAT BOOK 7575 DR. PHILLIPS BLVD. 70.00 (ADM. COST) 13, PAGE 60, PUBLIC #320 RECORDS OF PALM BEACH ORLANDO, FL 32819-7221 COUNTY, FL (623 SW 6TH AVENUE) - LOT 5, BLOCK 4, ATLANTIC ROGER M. COFFEY $ 50.00 PARK GARDENS, DELRAY, 1502 NW 85TH STREET 70.00 (ADM. COST) PLAT BOOK 14, PAGE 56, MIAMI, FL 33147-4340 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SW 13TH AVENUE) LOT 23, BLOCK 23, TOWN GRACE BARNETT $120.00 OF DELRAY, PLAT BOOK 10, 1401 39TH STREET 70.00 (ADM. COST) PAGE 69, PUBLIC RECORDS WEST PALM BEACH, FL OF PALM BEACH COUNTY, FL 33407-3631 (509 SW 3RD COURT) - 5 - RES NO. 6-95 W55' OF LOTS 11 & 12, MARIE QUINCE $120.00 BLOCK 23, TOWN OF DELRAY, 506 SW 14TH AVENUE 70.00 (ADM. COST) PLAT BOOK 10, PAGE 69, DELRAY BEACH, FL PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SW 3RD ST. & SW 5TH AVE.) LOT 4 (LESS W550' & N80.4') WILLIAM A. AND $ 45.00 CREGO SUB. AMEND. PLAT 3, ELIZABETH B. PERRY 70.00 (ADM. COST) PUBLIC RECORDS OF PALM 38 HIGH AVENUE BEACH COUNTY, FL NYACK, NY 10960-2102 (316 NORTH OCEAN BLVD.) LOT 24, BLOCK 3, ROSEMONT SHIRLEY JACKSON $ 22.50 PARK DELRAY, PLAT BOOK 13, 602 SW 5TH AVENUE 70.00 (ADM. COST) PAGE 60, PUBLIC RECORDS DELRAY BEACH, FL OF PALM BEACH COUNTY, FL 33444-2412 (602 SW 5TH AVENUE) LOT 3, BLOCK 47, TOWN OF ROBERT G. & PATRICIA ALLEN $ 45.00 DELRAY, PLAT BOOK 12, 206 SW 2ND AVENUE 70.00 (ADM. COST) PAGE 81, PUBLIC RECORDS DELRAY BEACH, FL 33444-3648 OF PALM BEACH COUNTY, FL (206 SW 2ND AVENUE) E41' OF LOT 2, BLOCK D, MADELAINE S. SANTIAGO $ 35.00 RIDGEWOOD HEIGHTS DELRAY, 1105 & 1/2 SW 7TH AVE. 70.00 (ADM. COST) PLAT BOOK 14, PAGE 44, DELRAY BEACH, FL 33444-7757 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1105 & 1/2 SW 7TH AVENUE) LOT 3, BLOCK 25, TOWN OF LUCILLE H. KING $ 45.00 DELRAY, PLAT BOOK 5, PAGE c/o A. STILES JR. 70.00 (ADM. COST) 2, PUBLIC RECORDS OF PALM 657 EAST 102ND STREET BEACH COUNTY, FL CLEVELAND, OH 44108-1325 (329 NW 5TH AVENUE) LOTS 32 & 33, BLOCK 15, VERA F. GIBSON $ 45.00 TOWN OF DELRAY, PLAT P. O. BOX 66 70.00 (ADM. COST) BOOK 13, PAGE 18, INKSTER, MI 48141-0066 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SW 6TH AVENUE) S150' OF W135.5' OF BLOCK FRED D. MCCOY & $ 52.25 26, TOWN OF DELRAY, PLAT AMERIFIRST 70.00 (ADM. COST) BOOK 5, PAGE 64, PUBLIC 17500 NW 68TH AVE. #210 RECORDS OF PALM BEACH HIALEAH, FL 33015-4044 COUNTY, FL (415 NW 2ND STREET) - 6 - RES NO. 6-95 N100' OF E130' OF Sl/2' ETHEL M. PITTMAN ESTATE $ 57.50 OF BLOCK 12, PLAT BOOK 1, C/O H. S. FITZGERALD 70.00 (ADM. COST) PAGE 3, PUBLIC RECORDS OF 1341 6TH STREET PALM BEACH COUNTY, FL WEST PALM BEACH, FL (18-24 NW 6TH AVENUE) 33401-3127 LOTS 1 & 2/LESS N15' ROAD VALENTINE & FRANCES GABALDON $45.00 R/W, BLOCK B, RIDGEWOOD 328 4TH STREET 70.00 (ADM. COST) HEIGHTS DELRAY, PLAT BOOK WEST PALM BEACH, FL 14, PAGE 44, PUBLIC 33401-4206 RECORDS OF PALM BEACH COUNTY, FL (702 SW 10TH STREET) 850' OF N300' OF W135' T. & OLETHA JONES $ 45.00 BLOCK 33, TOWN OF P.O. BOX 1571 70.00 (ADM. COST) DELRAY, PLAT BOOK 1, DELRAY BEACH, FL 33447 PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (NW 4TH AVENUE) E15' OF LOT 2, BLOCK 5, J.L.& MARGARET PATTERSON $ 27.50 OSCEOLA PARK, PLAT BOOK 3, 4517 TENELLA ROAD 70.00 (ADM. COST) PUBLIC RECORDS OF PALM NEW BERN, NC 28562-7643 BEACH COUNTY, FL (SE 5TH STREET) ALL OF PLAT, CORNICHE, CRAFT DEVELOPMENT II, INC. $ 59.75 PLAT BOOK 53, PAGE 28, 18559 LONG LAKE DRIVE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM BOCA RATON, FL 33496-1936 BEACH COUNTY, FL (SE 6TH AVENUE) LOT 4, CLINTON & MORGAN WADE DEVELOPMENT, INC. $ 50.00 SUB., PLAT BOOK 59, 7575 DR. PHILLIPS BLVD. 70.00 (ADM. COST) PAGE 138, PUBLIC RECORDS # 320 OF PALM BEACH COUNTY, FL ORLANDO, FL 32819-7221 (244 NW 5TH AVENUE) W50' OF S100' OF Sl/2/LESS CHURCH OF THE LIVING GOD $ 45.00 RD R/W, BLOCK 16, TOWN OF NEW MACEDONIA 70.00 (ADM. COST) DELRAY, PLAT BOOK 1, 610 SW 4TH STREET PAGE 3, PUBLIC RECORDS DELRAY BEACH, FL OF PALM BEACH COUNTY, FL 33444-2424 (SW 6TH AVENUE) S3' OF LOT 4, LOTS 5, 6, ANGELINE K. VOSSOS $ 65.00 7 & 8, N3' OF LOT 9 3897 EAST OLD BOMBING 70.00 (ADM. COST) (LESS W5' RD R/W) RANGE ROAD BLOCK 111, PLAT BOOK 13, AVON PARK, FL PAGE 46, PUBLIC RECORDS 33825-9791 OF PALM BEACH COUNTY, FL (225 SE 5TH AVENUE) RES NO. 6-95 - 7 - · - LOT 18, BLOCK 12, MONROE ITT RESIDENTIAL CAPITAL CORP $ 45.00 SUB., PLAT BOOK 14, PAGE 3300 N. TORREY PINES COURT 70.00 (ADM. COST) 67, PUBLIC RECORDS OF LA JOLLA, CA 92037-1021 PALM BEACH COUNTY, FL (28 & 30 NW 6TH AVENUE) LOTS 28 & 29, BLOCK 29, CHARLES TERRY $ 35.00 RESUB. OF BLOCK 29, 39 SW 9TH AVE. APT. 3 70.00 (ADM. COST) DELRAY BEACH, PLAT BOOK DELRAY BEACH, FL 9, PAGE 66, PUBLIC 33444-2549 RECORDS OF PALM BEACH COUNTY, FL (95 SW 5TH AVENUE) VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED A NUISANCE - - 8 - RES NO. 6-95 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER &?11 SUBJECT: AGENDA ITEM # ?·O· - MEETING OF FEBRUARY 7, 1995 RESOLUTION NO. 7-95: DATE: FEBRUARY 3, 1995 This item is a resolution assessing costs for abatement action required to remove five junked/abandoned vehicles from properties located within 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. 7-95 assessing costs to remove junked/abandoned vehicles on five properties located within the City. , , i } RESOLUTION NO. 7-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAIL1~G OF NOTICE OF LIEN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated represent- ative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 and 90.03 of the Code of Ordinances; and, WHEREAS, the property owner (s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis- ance(s) or to properly request a hearing pursuant to Chapter 90 within the time ¡imits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner (s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances; and, WHEREAS, the City ·òf Delray Beach, through the City Adminis- tration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attached - and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray · , , ) .. Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid; and, WHEREAS , the City Commission of the City of Delray beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances 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) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment 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 first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance .by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other c~~ts of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein and shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. -2- Res. No. 7-95 · Section S. That in the event that paYment has not been received by the City Clerk wi thin thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the day of , 1995. MAYOR ATTEST: City Clerk -- " -3- Res. No. 7-95 · . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT N100' OF W1/2 OF E1/2 DIEUSEUL VIL $ 58.35 OF SE1/2 OF LOT 1, SUB 513 SW 5TH AVENUE 15.00 (ADM. COST) SEC. 20-46-43, PLAT DELRAY BEACH, FL 33444-2409 BOOK 28, PAGE 68, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (S13 SW STH AVENUE) LOT 17, BLOCK 5, DELRAY JEAN M. LAMBERT, ET AL $ 19.45 BEACH HIGHLANDS SEC 3, 1332 SW 21ST WAY 15.00 (ADM. COST) 'PLAT BOOK 27, PAGE 108, DELRAY BEACH, FL 33445 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1332 SW 21ST WAY) LOT 24, BLOCK C, TONY PARRISH $ 19.45 RIDGEWOOD HEIGHTS, 273 W HILLSBORO BLVD. 15.00 (ADM. COST) DELRAY, PLAT BOOK 14, DEERFIELD BEACH, FL PAGE 44, PUBLIC RECORDS, 33441-1344 PALM BEACH COUNTY, FL (1102 SW 7TH AVENUE) LOT 7, BLOCK 61, (OLD LORI J. DURANTE $ 19.45 SCHOOL SQUARE HISTORIC 3633 HABERSHAM RD. NE # 149 15.00 (ADM. COST) DISTRICT), TOWN OF ATLANTA, GA. 30305-1142 DELRAY, PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (23 & 25 SW 1ST AVENUE) LOT 10, BELLEHAVEN MARY BLUE & RALPH MELVIN $ 19.45 UNIT B, PLAT BOOK 27, 1590 NW 2ND LANE 15.00 (ADM. COST) PAGE 27, PUBLIC RECORDS BOYNTON BEACH, FL OF PALM BEA~ COUNTY, 3345-2620 FL (3S6 SW 10TH AVENUE) -. VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS RES. NO. 7-95 " M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t!t0.. SUBJECT: AGENDA ITEM I g. P. - MEETING OF FEBRUARY 7. 1995 RESOLUTION NO. 8-95 AUTHORIZING ACOUISITION OF PROPERTY DATE: FEBRUARY 2, 1995 This is before the Commission to approve Resolution No. 8-95 which authorizes the City to purchase from Palm Beach County a vacant piece of land on S.W. 6th Avenue. The purchase price is $13,500.00. Terms and conditions are as set forth in the Contract for Sale and Purchase which is incorporated and accepted as part of the resolution. The property will be used to provide housing opportunities for low income individuals in accordance with the City's Affordable Housing Program. It is zoned RM (Medium Density Residential) and contains 13,500 sq. ft. (100 ft. frontage by 135 ft. depth). On its own, the site could accommodate one duplex or a multiple family structure containing three uni t s , subject to site plan approval. The potential also exists for the devélopment of two single family home sites with Commission approval. However, the City owns two lots across the street and is looking into the acquisition of a fourth lot. If it can be put together, consideration is being given to development of a townhouse project on the aggregated parcel. Recommend approval of Resolution No. 8-95. tMo Lfl7oou£ -& t~ ~ 91#7 . 4 tr~~ ~; ~ (!tmC£A/n elM oixlJr¡ & Þu.d& ~ ØW)WJ-~~~. ttdiL I3wiu . f)~ 't. ~ /:&¡J.) ~~ui-þ~~~' ~ 5-0 ref:agmemo6 , I ¡ : ) RESOLUTION NO. 8-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain vacant property located on S.W. 6th Avenue to provide for housing pursuant to the City's Affordable Housing Program; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Palm Beach County, a political subdivision of the State of Florida, as Seller, land to provide for affordable housing opportunities for low income individuals, for the purchase price of Thirteen Thousand Five Hundred and 00/100 Dollars ($13,500.00), and other good and valuable consideration; said parcel being more particularly described as follows: N 100 feet of E 135 feet of Block 14, Town of Delray, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3. Section 2. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the City of Delray Beach, Florida. Section 3. That the terms and conditions contained in the Contract for Sale and Purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. , , ( ) PASSED AND ADOPTED in regular session on this the 7th day of February, 1995. ~~ ATTEST: OIL~'fYhc-fvlr /lait¡ vCity Cl rk - 2 - Res. No. 8-95 . . . CONTRACT FOR SALB DD PURCHASB THIS AGREEMENT is made this _ day of , 19 -, by and between the Seller and the Buyer as follows: SELLER: Palm Beach County, a political subdivision of the State of Florida. ADDRESS: Property and Real Estate Management 3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 mzxm: citv of Delrav Beach NAME (as you want it to appear on deed) 100 N.W. 1st. Avenue ADDRESS Delrav Beach. Florida 33444 (F.E.I.D. or SOCIAL SECURITY NO.) 1. AGREEMENT TO SELL: Seller hereby agrees to sell and Buyer agrees to purchase in accordance with this agreement all that certain real property, together with all improvements, easements and appurtenances, hereinafter referred to as the "Property", which is more particularly described as follows: N 100 FEET OF E 135 FBET OF BLOCK 14 TOWN OF DBLRAY AS IN PB 1, PAGE 3 SEC. 16/17, TWP. 46, RGE 43 2. PURCHASE PRICE: The purchase price of the Property shall be Thirteen Thousand Five Hundred Dollars ($13.500.00) and shall be paid in the form of a City check to the Palm Beach County Board of County Commissioners. Seller is prohibited from extending credit, therefore, the Buyer is responsible for arranging any necessary financing. The Buyer acknowledges that this agreement is not contingent on financing. 3. CLOSING: This contract shall be closed and the deed delivered within 60 days of the Effective date of this Agreement. The following are additional details of closing: A: Time and Place: The closing will be held at the office of the Property & Real Estate Management Division at a time to be mutually agreed upon by the Seller and the Buyer, but in no event later than sixty (60) days after the Effective Date of this Agreement. B: Convevance: At closing, the Seller will deliver to the Buyer a fully executed county Deed conveying the Property and any improvements in its "AS IS CONDITION", without warranties or representations of any kind whatsoever. Seller shall be responsible for preparation of the deed which will be in accordance with Florida Statute 125.411. C: EXDenses: The Buyer shall pay all costs of closing, and any other costs associated with this sale. 1 ~ 4. REAL ESTATE TAXES. EASEMENTS. RESTRICTIONS AND ENCUMBRANCES: The Seller agrees to pay all outstanding real estate taxes if any, prorated up to the day of closing. The Buyer agrees to take title to the Property subject to zoning and other governmental restrictions, plat restrictions and qualifications, public utility easements, restrictive covenants and all other easements, restrictions, conditions, limitations and other matters of record. 5. A: CONDITION OF THE PROPERTY: The Buyer acknowledges that he has inspected the Property, and agrees to accept the Property in its "AS IS CONDITION". The Seller has not made and is not making any warranties or representations whatsoever as to Sellers title to the property, the physical condition of the Property, any improvements located thereon, or the suitability of the Property for any intended use. B: without in any way limiting the generality of the preceding paragraph, Buyer specifically acknowledges and agrees that upon closing this transaction it waives, releases and discharges any claim it has, might have had or may have against the Seller with respect to the condition of the Property, either patent or latent. Buyer agrees to execute at closing an acknowledgement attesting to said waiver and release. C: Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 6. RISK OF LOSS: Buyer assumes all risk of loss with respect to the property from and after the date of execution of this Contract by the Buyer. 7. DEFAULT: If the Buyer fails to perform any covenants of this agreement, the earnest money deposit shall be retained by the Seller. If Seller fails to perform any covenants of this contract, the deposit shall be returned to Buyer. In that event, all parties shall be released of their rights and obligations under this contract. The foregoing shall constitute the sole and exclusive remedies of the parties hereto. 8. SUCCESSORS: Upon execution of this contract by the Buyer, this contract shall be binding upon and inure to the benefit of the Buyer, his heirs, successors or assigns. Upon approval of this agreement by the Palm Beach County Board of County Commissioners, its successors and assigns will be similarly bound. All pronouns and variations thereof shall be construed so as to refer to the masculine, feminine, neuter, singular or plural thereof, as the identity of the person or persons or as the situation may require. 9. RECORDING: In no event shall this Agreement or any Memorandum hereof be recorded in the official or public records where the Property is located, and any such recorda~ion or attempted recordation shall constitute a default under this Agreement by the party responsible for such recordation or attempted recordation. 2 . . = 10. ASSIGNMENT: This Agreement may not be assigned by the Buyer, without Seller's written consent. 11. TIME OF THE ESSENCE: Time is of the essence in the performance of this agreement. 12. AMENDMENTS: This Agreement contains the entire understanding and agreement of the parties with respect to the subject matter hereof. No amendment will be effective except in writing signed by all parties. 13. SURVIVAL: The covenants of this agreement will survive delivery and recording of the deed and possession of the property. 14. BROKERS & COMMISSIONS: Buyer shall be solely responsible to pay any real estate commissions or finders fees contracted for by Buyer or otherwise resulting from this transaction. Buyer shall indemnify and hold the Seller harmless from any and all such claims, whether disclosed or undisclosed. 15. NOTICES: All notices, requests, demands and other communication hereunder shall be in writing, sent by u.S. certified mail, return receipt requested, postage prepaid to the addresses indicated on the first page of this Agreement or to such other addresses as shall be furnished in writing by either party to the other. All such notices shall be effective upon receipt, or the date which the postal authorities designate the notice as undeliverable as evidenced by the return receipt. 16. CHOICE OF LAW AND CONSTRUCTION: This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. This Agreement shall not be construed more strongly against any party regardless of who was responsible for its preparation or drafting. If any provision of this Agreement as applied to either party or to any circumstance shall .be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect, to the maximum extent permissible by law, any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole. 17. FURTHER ASSURANCES: Seller and Buyer each agrees to execute and deliver to the other party such further documents or instruments as may be reasonable and necessary to permit performance in accordance with the terms, conditions and covenants hereof. 18. EFFECTIVE DATE OF AGREEMENT: The obligations of Buyer under this Agreement are contingent upon the approval hereof by the Board of county Commissioners of Palm Beach county Florida. Effective Date of this Agreement shall be the date of execution by the Board of County Commissioners. (INTENTIONALLY LEFT BLANK) 3 . . , 19. HEADINGS: The paragraph headings or captions appearing in this Agreement are for convenience only and are not to be considered in interpreting this Agreement. Signed, sealed and delivered in the presence of: Buyer: ci ty of Delray Beach, a Witness (Signature) Political Subdivision of the State of Florida (Print Name) By Mayor: witness (Signature) Print/Type Name (Print Name) \ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1995 by . who is personally known to me or has produced as identification and who did not take an oath. (Type name of Acknowledger) Attest: PALM BEACH COUNTY FLORIDA BY ITS BOARD OF COUNTY By COMMISSIONERS Deputy Clerk \ By Its Chair Mary McCarty ("Seller") Approved as to form and Legal Sufficiency By Assistant County Attorney Ellie Halperin P&S.Real mc.delray 4 \ , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # g.Q -"MEETING OF FEBRUARY 7. 1995 AWARD OF BIDS AND CONTRACTS DATE: FEBRUARY 3, 1995 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Contract Award - for the S.W. 9th Avenue Road Construction Project to Sullivan Brothers, Inc. , in the amount of $292,400, with funding of $158,353 from Community Develop- ment Fund (Account No. 118-1964-554-60.24) , $62,400 from W/S Renewal and Replacement (Account No. 442-5178-536-61.78), $33,747 from D.O.E. Street Reconstruction II (Account No. 228-3162-541-61.19) , $30,000 from General Street Reconstruc- tion II (Account No. 334-3162-541-61.19) , and $7,900 from W/S Renewal and Replacement (Account No. 442-5178-536- 63.51). 2. Bid award - to Best Electrical Experts, Inc. for Pompey Park Basketball Court Lighting, with funding in the amount of $26,900 from Pompey Park Court Lighting (Account No. 334-4172-572-63.01) . 3. Bid award - to Haverland Blackrock Corporation for renova- tion of the athletic fields at Atlantic High School. The School Board has advanced funding to the City in the amount of $40,000 for field renovations. The City is responsible for lighting, field maintenance, and the irrigation system. The extra $1,570 will come from interest earned on the $40,000 already paid to us by the School Board. Funding in the amount of $41,570 is available from Atlantic High School Ballfields (Account No. 334-6111-572-62.11) . 4. Bid award - to Ferguson Underground, Inc. for "Group 23 Capital Construction - Pipe and Valves", Pipe Fittings and Accessories Annual Contract, with funding in the amount of $73,585.65 from School Site liS" Force Main (Account No. 441-5181-536- 69.15), School Site "S" Water Main (Account No. 441-5181-536- 69.16) , and Water Main Extensions (Account No. 441-5161-536-63.90) . 5. Bid award - to Neff Machinery, Inc. for one Bomag Vibratory Plate Compactor. Low bidder was Falcon Power Equipment. Based on intended use, staff recommends Bomag for long term maintenance, with funding in the amount of $7,845 from W/S Construction Services - Equipment (Account No. 441-5145-536- 64.90) . · Agenda Item No.: FQ / AGENDA REOUEST Date: February 1, 1995 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: February 7. 1995 Description of item (who, what, where, how much): Pro;ect No. 94-062, S.W. 9th Avenue Road Reconstruction consists of complete road reconstruction of S.W. 9th Avenue, between S.W. 2nd Street and Atlantic Avenue. Construction also includes installation of approximately L060 linear feet and L270 linear feet of drainaae pipe and water main respectively. and four sewer point repairs. The lowest responsible responsive bidder on this pro;ect is Sullivan Brothers. Inc. with a bid in the amount of $292,400.00. Funding sources for this project are as follows: Funds bJam Portion of Pro;ect Fundina Source Account Number Available ~ pavina & Drainaae Communi tv Development Fund 118-1964-554-60.24 $158.353 \$<ðJm pavina & Drainaae D.O.E. Street Reconst. Ph. II 228-3162-541-61.19 33.747 illS/ILl pavina & Drainaae General Street Reconst. Ph. II 334-3162-541-61.19 30.000 3D/OOD Water Water Sewer R & R 442-5178-536-61.78 62 400 fI?, '8Où Sewer Water Sewer R & R 42-5178-536-63.51 7 900 '>, '100 YES@ $292,400 ORDINANCE/RESOLUTION REQUIRED: YES Recommendation: Staff recommends award of pro;ect no. 94-062. S.W. 9th Avenue Road Reconstruction to Sullivan Brothers. Inc. for their bid in the amount of 2 2 400.00. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (r~red on all items involving expenditure of funds): Funding available: ES NO Funding alternatives (if applicable) Account No. & Description 'i1e.¿. a.bCllA{J Account Balance S~' ~~ City Manager Review: Approved for agenda: ~~fNO tit Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved - . DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: David T. Harden City Manager ¿¿);fØ FROM: William H. Greenwood Director of Environmental Services DATE: February 1, 1995 SUBJECT: S.W. 9th Avenue Road Reconstruction Project No. 94-62 Enclosed is a revised agenda request indicating the correct funding sources for the subject project. The proper funding sources for this project are as follows: Funds Portion of Pro;ect Fundinq Source Account Number Available Paving & Drainage Community Development Fund 118-1964-554-60.24 $158,353 Paving & Drainage D.O.E. Street Reconst. Ph. II 228-3162-541-61.19 33,747 Paving & Drainage General Street Reconst. Ph. II 334-3162-541-61.19 30,000 Water Water/Sewer R & R 442-5178-536-61.78 62,400 Sewer Water/Sewer R & R 442-5178-536-63.51 7,900 Please place this item on the agenda for commission approval. WG:DB:mm enclosure cc: Joseph Safford, Finance Director Richard Hasko, P.E., Deputy Dir. of Public utilities C. 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N 0 '0 § U 0.. == - M 1 ~ .~ .8 N - § = > ëS ~ ~ ~ .~ \0 V) - 0 0.. Æ '" .E:; ro.;¡ ~ .¡:: = § ~~ ~ ~ ~ . e g .;': (\) õo õo ~ :8 en en -e () () '0 8 '" ~ (\) .~ ëa t':S Î '" ::> ::> t':S = I I ro.;¡ ~ (\) v; t = 0 = t) .... ~ ê; ...... ~ ª ~ ª e ~ ~ '~ ~IU ~ () (\) = (\) - ë (\) g en ...... (\) 'ca '" 0 () (\) = () fa 0 'ï' . = .::: '" 'E '" (\) (\) = "èI ~ en .¡:: § ~ - :ã ~ ~i] .t:¡ '~ - t':S U (\) E E '0 .... i t) ~ <I> ~ (\) '~ - t':S j Q ~ ~ '0 (\) ] ~ - .::: = :ë (\) (\) ~ ~ § 0 ~ -= -= .... = (\) 1 () ª '" ~ ~ ~ ...... '" ~ c;; '" ~ s '" 'õ '" := () () .£ ro.;¡ ~ ë (\) '0 ~ ...... ...... ~i~~ ~ f-o ;:I 0.. (\) 0 '" '" ~ þ (\) ! ~ &¡> ~ 0.. ~ 'ª 'ª c;; ~ = ~ ~ .... ~ ~ ~ ~ "5) 0 .~ (\) - ~ (\) < ãJ 0 \D E ~ ~ I~ = .~ ~ ~ ~ g 0 en 1 ~! ~IIJ~ '" .::: a¿ e = ~ <: g 0 ~ ~ is ~ i:; =·······0 c.:;¡ ><: ;:I ¡.;¡ N ~ ~ ~ ~ '0 -. ~ - ~ -- g g 0 - 0 0 ~ 0 V) 00 ...;¡ = - - :5 ..:I 0.. - - \0 U U ~ N ...... en ;¡. - - < 00 õo \0 Ñ ~ ~ en - - en en > <: Ô _ 0 - N M '<t"'~ \0 t- OO 0\ 0 - N~~ '<t V) \0 t- OO 0\ 0 - N M '<t V) ~ ~ N M '<t V) \0 t- OO 0- 0 a= - - - - __0 _ - - - N N NON N N N N N M M M M M M ~ ~ ~ , Agenda I tem No. : gQ~ . AGENDA REQUEST Date: January 31, 1995 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: Februarv 07. 1995 , Description of agenda item (who, what, where, how much): Bid Award - Pompey Park Basketball Court Lighting, Bid #95-12 at a cost of $26,900.00 to Best Electrical Experts, Inc. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low bidder, Best Electrical Experts, Inc., at a cost of $26,900.00 Funding from 334-4172-572-63.01 ~nM nnl-~131 572 34.90 pepartment Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available, ~/ NO Funding alternative ., . (if IMMca~ Account No. & Des21rt¡¡/'f~~#tJrl-k;,,5n.(p~-OI __ ~ Account Balance: , "'SFee... ~ DU.t::- City Manager Review: . ¿'(G,#íJ~ Approved for agenda: é~/ NO f~/) 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: Jacklyn Rooney, Senior Buyer 0f- DATE: January 31, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - FEBRUARY 07, 1995 - POMPEY PARK BASKETBALL COURT LIGHTING - BID '95-12 Item Before Commission: The City Commission is requested to award to low bidder, Best Electrical Experts, Inc. , for the lighting of the basketball courts at Pompey Park at a total cost of $26,900.00. Background: Bids were received on January 19, 1995, from five (5 ) contractors, all in accordance with City purchasing procedures. (Bid '95-12. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Director of Parks and Recreation Department, the Asst. Construction Manager of Environmental Services, and the consultant, Thompson Engineering Consultants, Inc. , have reviewed the bids, and recommend award to low bidder, Best Electrical Experts, Inc. , per attached memo. Recommendation: Staff recommends award to low bidder, Best Electrical Experts, Inc. , at a cost of $26,900.00. Funding per attached memo. Attachments: Tabulation Of Bids Memo From Parks and Recreation Dept. cc: Joe Weldon, Director of Parks and Recreation Jose' Auguila, Asst. Construction Manager fQ·~· MEMORANDUM TO: Jackie Rooney, Senior Buyer FROM: Joe Weldon, Director Parks and Recreation Dept. DATE: January 31, 1995 SUBJECT: Pompey Park - Basketball Court Lights After review of the bids for the above-referenced project and the attached memorandum trom Jose Aguila, Construction Manager, I recommend approval to award the bid to Best Electrical Experts, Inc. in the amount of $26,900. Funds are available in account #334- 4172-572-63.01, ($25,439), and account #001-4131-572-34.90, ($2,000). Please prepare the agenda request for City Commission consideration. Please call if you have any questions regarding this matter. purch3 I ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: Joe Weldon Director of Parks & Recreation From: José Aguila ~ Asst. Constr c ion Manager Date: January 30, 1995 Subject: Pompey Park - Basketball Lights Project No. 93-19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On January 19, 1995 the City received five ( 5) bids on the referenced project. Following is a tabulation of said bids. Best CR Dunn Davco pellechia Electrical Electrical Electrical Electric cont. Experts Servo Base Bid $ 26,900 $ 29,426 $ 31,421 $ 31,755 $ 32,500 Deduct for $ 675 $ 850 $ 1,285 $ 1,765 $ 570 conc. cvr $ 26,225 $ 28,576 $ 30,136 $ 29,990 $ 31,930 Based on the bidding information provided and the follow up made by the consultant, Thompson Engineering Consultants, Inc. , I can recommend that the bid be awarded to Best Electrical Experts, Inc. in the amount of $26,900.00. I would not recommend that the deduct for concrete cover be accepted and that we keep the concrete cover in the contract. Please let me know whether you need me to prepare an agenda request, Notice of Tentative Award on any other of the usual formalities, or are you going to take care of them. cc: File 93-19 (A) \esd\9319\awrdbid RECEIVED JAN 3 .'^ 19S5 City of Delray Beach Departmental Budget Transfer (1) Departmental Une Transfer (2) Date 2/1/95 (3) Interfundllnterdepartmental Transfer (4) Batch Number (5) Requested By: Linda Turnag~, Budget Administrator (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 334-6511-581-99.01 Project Reserve 1,461 334-4172-572.63-01 Pompey Park Court Lighti :lg 1,461 (10) TOTAL 1,461 1,461 JUSTIFICATION: To fund the balance required to award the bid for the Pompey Park Basketball Court Lighting. Project No. 95-12 / Department Head Asst City Manager ) ~ Budget Officer City Manager ... " . (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT ..- ---~._--~._~-- ---_.._.~ . z ~~ ¡~tc ~-t~ Lytç_ /I, 7 ;1, i -W'<2 ' ~W' I ,-' t <..~,," . J ,) ,', '" ~' .., ¿ ~ J4:-,., y:.*... '--.>(\-"--L¿'.~" ¡lv . -Uo.:.'f.-- ' ~ ~ L ,'d " Î' , ' t l;~-,Z ¡·G.3. 1"'- I... c.¿ -',' r . ri-..:-,:\-L. G'f {? ..--jj,~-- f~ \ Agenda I tem No. : , \ AGENDA REQUEST Date: January 31, 1995 Request to be placed on:- X Regular Agenda Special Agenda Workshop Agenda When: February 07, 1995 Description of agenda item (who, what, where, how much): Bid Award - Renovation of the Athletic Fields at Atlantic High School, Rio #q~-11 at cORt of $41.570.00 to Haverland Blackrock Corporation. ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low bidder, Haverland Blackrock Corporation at a cost of $41,570.00. Fundin~ from account #334-6111-572-62.11,-ð~d aC~6M~t g991 4131 572 34.90. ~epartment Head Signature: Deteraination of Consistency --",' City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/ NO Funding alternatives: .' 6 '4f ~~lUs Account No. & DeS'#{!tion:p~1,;¡1'1l~r¡2. 2.~ , Account Balance: I -:;0 -:r, N5FeI?.. 'J3AU. FI£LI)S City Manager Review: Approved. f or agenda: é~ / NO . C~L""¿' \~~""""--c ¡ l,,,\..\ é'1J.:~-<,~ Hold UntJ.l: -- J':3::..:1." :tL '.. .. L~ 'T . /~' ~ ft :" r~f"'--7/~ Agenda Coordinator Review: f'\.-<""'-\ -;~..f--c~\.. ~^<\ .' Received: [¡c'1 Action: Approved/Disapproved . MEMORANDUM TO: David T. Harden, City Manager FROM: Joe Weldon, Director Parks and Recreation Dept. DATE: February 2, 1995 SUBJECT: Atlantic High School Field Renovations Per the Inter-Local Agreement between the City of Delray Beach and the Palm Beach County School District, costs for the improvements at the Atlantic HS multi-purpose field would be shared by both parties. The City would be responsible for the installation of field lights and field maintenance including control of the inigation system after the field has been renovated; and the School Board would pay up to $40,000. for field renovations, $10,000. the first year for turf maintenance needs, i.e., fertilizer, herbicides, etc. and then an agreed upon amount each year thereafter. The School Board would also be responsible for utility and irrigation repairs and costs. This agreement and field work will allow the Parks and Recreation Dept. to use these facilities for adult and youth activities.. an16.AHS F·Q.ð. . , M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer 1- DATE: January 31, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - FEBRUARY 07, 1995 - ATLANTIC HIGH SCHOOL FIELD RENOVATIONS - BID #95-13 Item Before Commission: The City Commission is requested to award to low bidder, Haverland Blackrock Corporation, for the renovation of the athletic fields at Atlantic High School at a cost of $41,570.00. Background: Bids were received on January 19, 1995, from two (2) contractors, all in accordance with City purchasing procedures. (Bid #95-13. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Director of Parks and Recreation Department has reviewed the bids, and recommends award to low bidder, Haverland Blackrock Corporation, per attached memo. Recommendation: Staff recommends award to low bidder, Haverland Blackrock Corporation, at a cost of $41,570.00. Funding per attached memo. Attachments: Tabulation Of Bids Memo From Parks and Recreation Dept. cc: Joe Weldon, Director of Parks and Recreation , , . . , TABULATION OF BIDS BID /I 95-13 RENOVATIONS OF THE ATHLETIC FIELDS January 19, 1995 ATLANTIC HIGH SCHOOL Haverland Blackrock Central Florida Corporation Turf, Inc. Total Base Bid Price $41,570.00 $46,864.00 Additional Bid Option for mowing and maintenance $12,851.00 No Bid per grow-in schedule Types of Methyl Bromide or Methyl Bromide Fumigation Bassamid Granular as To :Be Used approved by City Variances to Yes - No Sectagon II Methyl Bromide specifications Fumigation Fumigation @ 1 lb. per 100 sq . f t. ,Name of Sub- Fumatee, Blair Soil Contractor if applicable Palmetto, Florida Fumigation ., , . Agenda Item No. g Q 'I AGENDA REOUEST Date: February 1, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: February 7, 1995 Description of item (who, what, where, how much) : Staff reauests City Commission approval of a bid award to Ferquson Underground for "Group 23 - Capital Construction - Pipe and Val\tes" (see attached schedule of pricing). Group 23 materials will be installed on proiects constructed bv the new ESD Construction Division utility crew. Ferquson was the low bidder on this Group which is part of "Bid #95-09. Pipe Fittinqs and Accessories-Annual Contract" (see attached bid tab). Their bid amount for Group 23 is $73.585.65. ORDINANCE/RESOLUTION REQUIRED: YES/~DRAFT ATTACHED YES~ Recommendation: Staff requests approval of Group 23 part of Bid #95-09 in the amount of $73,585.65 ~ Department head signature: 4I.ø.l~----..-j "¡W5 I _ Determination of Consistency wi th Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): ifij) Funding available: E? NO Funding alternative· ,.' , (if applicable) MA-' I Account No. &DeScriPtion~J-S(K/-ç-;;::>fø,.ttf·-/~ sC:fIW~3lre:S f{}/2Ll: IN Account Balance -2-2- S I Ð'û - .) . .' 44f-SJ$SI- S3" . ~q;-/~ Ç;C'/-tfJL. S(Te- s VJATa¿ M4tt C1.ty Manager Rev1.ew: æ::' . j Ii zs;;.OjDOD Approved . for agenda: l:~;3 / NO P'l' , . _._ . 0. - J VtJ Ie. f\;11t I tJ Hold Unt1.l: . /j/í(_r- I.¡(1;/j/./y7;J/Îl .1£'/,1',,1'- ~ ::::> If· '- ¡. v· ¡.;' 0' EXí£I\Y'v~ Agenda Coordinator Review: jOO/ðCÒ Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: William H. Greenwood, Director of Environmental Services ~ Date: February 1, 1995 Re: Bid Award for Annual Contract Capital utility Construction Materials (Group 23) Attached is an agenda request for Commission approval of a bid award to Ferguson Underground for "Group 23 - capital Construction - Pipe and Valves" (see attached schedule of pricing) . Group 23 materials will be installed on projects constructed by the new ESD Construction Division utility crew. Ferguson was the low bidder on this Group which is part of "Bid #95-09, Pipe Fittings and Accessories-Annual Contract" (see attached bid tab). Their bid amount for Group 23 is $73,585.65. The material in this group includes pipe and associated fittings for the 12" C-900 PVC water main, 8" C-900 force main and 8" epoxy-lined DIP force main from Linton Blvd to the new School'S' site. Construction of these utilities by the utility crew will commence on Monday, February 13, 1995 and will be substantially completed and ready for service in sixty (60) calendar days/or by April 14, 1995. The remaining Groups (1 thru 22) in the Pipe Fittings and Accessories Annual Contract will be awarded separately on a future agenda by ESD Public utilities Division. Individual items of these Groups will also be utilized by the ESD Construction Division and purchased on future projects at the respective awarded annual prices. CC : Dick Hasko, P.E., Dep Dir of Public utilities Pat Patterson, Construction Superintendent Howard Wight, Dep Dir Construction Jackie Rooney, Senior Buyer A:MEMpipe.DOC t· () . tf 1'1 ... QI ... . ~ ..-4 U .... s:: 8'ä .... ... ..-4.... 8~ 0 ... . QI 10< QI ~ ID 0\ '" .It 0... 00 QI O\C "'¡.¡ o 1'1 QI f~. 0\ '" . 0 Po< .. a ~ .. "'u "''0 H aOO H 0\ ~ go ... '" ... ... '" ... II'\OH ....0 M 0 M ....0 en en ra. ....ra. ....ra.~ H \0 CC... 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Q ~ID ~ II P a¡ " Uf-' S '" "'f-' U U ,"ell IQ ti ~ e ~ e ø.1 U .... þ>:u þ> U þ> III ~ o t:~¡g t: ¡g :: u~= g ø.....u ø.. U ø... I~O]-::,,~ .... o~o oÑo 0:"( MU......IDO ... .- :z: .- :z: .- = Ne§.:¡'å~ ~ .... ~ ra. f-' .... f-' ø.u 0 ~ ell ø. ~ ~ID O'ID 0' ::lUlU ~a¡ :s ..,.IIIO\u 11'\.1110\'" \0.1110\ 01:1D... U .0 II'\UO... II'\UO... II'\UO ~o.,..¡o Þ< / ~ ;! ~:!~~ ~:!~~ NS!2 c'H.>ØZU¡z: \,,\\¿ J ~,/"" . . "* PLEASE AFFIX SIGNATURE WHERE INDICATED . (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID) BID #95-09 PIPE FITTINGS AND ACCESSORIES ANNUAL CONTRACT COMPANY NAME: F¿(l~U~G ,~ ( J f\0 ~ C r¿ (c IZo ,-,(dO * SIGNATURE: ~Cõt"1 ~ ¡J~~ Date: SIGNATURE: ç::: (¿ 1.1.... r--:::, 'L. f'JA b'-.';¿ (print) ADDRESS: f{ e. b ,.J ~0.~ U ~ (:) e_ILC:-- '¿I.', v /'V.0 ~3b( fÙ L.J èè/ld S-i- ';) t3cL.. } )- { /;> -:$ , -\ c"....... rd.~.::> -) ~...) b <) (state) (zip code) TELEPHONE: (s uS ) c; (3. - á~~1 ù'.) FAX # : ( s.:>"Ç ) C; ~ 0- Ùc'7.s: VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: . CONTACT NAME: ¡:: (lL f\. .Y'J ~L f\J A <C/L ~ TELEPHONE: (~ .~ :; ) 7 ð :s -otf3 7 WILL EXTEND~E PRICING, TERMS, AND CONDITIONS, TO OTHER PALM BEACH COUNTY GOVE ENTAL ENTITIES: yes no . 48 . . . - SCHEDULE OF PRICING CONT..... 'GROUP 23 - CAPITAL CONSTRUCTJON - Pte~_& VA1YES__ ITEM INVENTORY NUMBER / EST ANNUAL BRAND / UNIT EXTENDED # ITEM DESCRIPTION QTY. CATALOG NO. COST COST - 257 8" C-900 PVC Pipe 1850 LF .JM ~7Z 1f <t. 7:SZ. OD (ANSI/AWWA C900-89) 258 8" CL 52 DIP Epoxy 1550 LF ~~ CJP 1.6.~~ 1 f 2lf, S~ 7. 60 L1 ned Pi pe (AWWA C550-90) 259 8" tL 52 DIP Meeh. 10 each -=r:iLE£ /0S-00 1050.00 ea Joint 45 Degree Bend With Megalug (AWWA C550-90) 260 Cl 52 DIP Meeh. \\ Zer3'(;/)ea Q7l·00 4 eaeh With Megalug (AWWA C550-90) 12" x 6" TEE '\ 261 CL 52 DIP Meeh. 1 eaeh 'Z(qo..d> e a Z<s,o. 00 With 'Mega 1 ug (AWWA C550-90) 12" x 8" TEE \.\ 3-1.7' $t> ea ~6'~.cÞ 262 CL 52 DIP Meeh. 2 each With Megalug (AWWA C550-90) 12" x 12" TEE . ¥\ 263 CL 52 DIP Meeh. 1 each 96'00 ea q~.c>D With Megalug (AWWA C5~O-90) . 12" Cap 264 12" CL 52 DIP Mech. v\ "Z.J;f1.00 e a ¡Bel. oD 9 each Joint 45 Degree Bend With Megalug (AWWA C550-90) \.\ liS". 1,0 265 CL 52 DIP Mech. 4 eaeh ea C,Z·t.{O With Megalug (AWWA C550-90) '-' 6" Plug ~ . 266 CL 52 DIP Meeh. 1 each 21. 50 2/. so ea With Megalug (AWWA C550-90) 8" Plug , I 267 CL 52 DIP Meeh. 1 each '10.00 L{ O. OD ea With Megalug (AWWA C550-90) 12" Plug 47(a) , . . . SCHEDULE OF PRICING CONT..... . GROUP 23 - CAPITAL CONSTRUCTION - Cont ........ ---- --- -- ITEM INVENTORY NUMBER / EST ANNUAL BRAND / UNIT EXTENDED # ITEM DESCRIPTION QTY. CATALOG NO. COST COST - 268 811 CL 52 DIP Meeh. leach 1'f~ 138.00 ea I ~@..oo Joint - WYE (AWWA C550-90) 269 6" C-9.o0 PVC Pipe 100 LF ~M '2.1Ö 1f 27B·00 (ANSI AWWA C-900-89) 270 12" C-900 PVC Pipe 2000 LF ..lrV\ to. t~ 1 f 2.0, 'Z leO. DO (ANSI AWWA C-900-89) 271 12" Resilient Wedge 6 e a c h Aw-....eu:A '" 1ž.v ðAJ· SCf '$" .C:O e a 3,$ 70.00 Gate Value (AWWA G502-87) 272 6" Mech Joint Sleeve 5 each \Y LF..£. $'2.1S ea 2fo'3.75 With Accessories '( 273 8" Mech Joint Sleeve 5 each fatt·50 ea '3"2.l. SO With Accessories V\ e:> q::>ø e a 274 10" Mech Joint Sleeve 5 each 400·00 With Accessories 12" Mech Joint Sleeve II Ql.oo ea liB $.00 275 5 each . With Accessori es '. 276 6" CL 52 Cement lined 500 LF~&P (.IS If 351f:>"ðO Dip Pipe 277 8" CL 52 Cement lined 500 LF ltt CJ·eo If l.{ 900. 00 Dip Pipe 278 8" Pl ug Valve 2 eaeh ~Lq(, '/1 ¡),cO ea qSO.DO (Dezurick, Homestead, or Equal) 279 CL 52 DIP Mech. With 1 each It{ L.-~ 101·00 ea 107· DO Megalug (AWWA C550-90) - 6" x 611 TEE r 10::;; t ~ .3 ~ gS · .', 1 I\(¡[)d\ It> TOTAL BID PRICE FOR GROUP #73: ~ ~~ }/) '(L ßIO (Items 257 - 279) f¡;, 06 j \IJ( r ~ û (L¿ DISCOUNT OFFERED ON SIMILAR ITEMS NOT LISTED % ~~ 47(b) · Agenda Item No. : g.Q.5 AGIH}A REU}t~:u' Date: February 2, 1995 Request to be placed on: X Regular Agenda - - Special Agenda Workshop Agenda When: February 7, 1995 DeScription of item (who, what, where, how much): staff requests city Ccmnission to approve the bid award for "Quote #1729 - Vibratory Plate CCmpactors" to Neff Machinery, Inc. '!hey su1::mitted a quote for a Bornag 50/550 reversible plate compactor w/diesel engine for $7,845.00. Neff Machinery was the secom lowest bidder. Falcon Power was the low bidder with a quote of $6,535.00 for a #40 vÏbromax compactor. staff is reconuuending award to the secom lowest bidder based on the better perfonnance rating of the Bornag over the vibranax. Funding Source is 441-5145-536-64.90 W/S Construction Division - Other Equipment. ORDINANCE/RFSOI1JI'ION REQUIRED: YFS@RAFT ATI'AæED YFStfi) Recommendation: staff RecoJ:mnerxis approval of award to Neff Machinery. DeparbnentHead ~~-~..I) ~¡fs A signature: Determination of Consistency with Comprehensive Plan: city Attorney Review/Recommendation (if applicable) Budget Director Review =ed on all itens involving expenditure of funds): Funding available: . / 0 Funding alternatives _d. (if applicable) . .~_ Account No. & ~1rM-0n44-(-s/q5- S3~.?~ (!ONSîf2i1CT7O,J svcs - t::QlÆI(1V¡Ø\li Account Balance I ) , -.. . City Manager Review: Approved. for agenda: §too YíU'l Hold Until: / Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenconp. doc Memorandum To: David T. Harden, City Manager From: William H. Greenwood, Director of Environmental services~~ Date: February 1, 1995 z;/Ws- Re: Bid Award for Vibratory Plate Compactor Attached is an agenda request for Commission approval of a bid award to Neff Machinery, Inc. for a Bomag BPR 50/55D reversible vibratory plate compactor w/diesel engine. This piece of equipment will be used by the new ESD Construction Division utility crew for compaction of utility trench backfill and pavement repair. The bid price submitted per "CDB Quote #1729 - Vibratory Plate Compactors" for this piece of equipment was $7,845.00. Neff Machinery was the second lowest bidder for the specified compactor. Falcon Power was the low bidder on a comparable piece of equipment. They submitted a quote in the amount of $6,535.00 for a Vibromax #40 reversible vibratory plate compactor w/diesel engine. staff recommends award to the second lowest bidder, Neff Machinery, for the Bomag compactor. We feel that it will provide long-term continuous dependable service based on the work application for the utility crew. This compactor will be used on a daily basis and exposed to extreme field conditions. Its dependability and performance will be crucial to maintaining production of pipe installation. Several of the factors for Staff's recommendations are as follows; 1) Familiarity and prior working experience with the Bomag. 2) The Vibromax has exposed operation cables which would be more susceptible to damage. 3) Bomag's working area of the plate is 945 sq. in. versus Vibromax 's 388 sq. in. which will increase production. '.4 Bomag's vibration frequency is 3,480 vpm w/centrifugal force of 11,250 lbs versus Vibromax's 2,580 vpm and 7,194 lbs respectively which will increase performance and production. Production and performance equate into lower installation costs. We feel that the additional $1,310.00 spent initially will be returned back to the City many times over during the life of the Bomag compactor. Funding source is 441-5145-536-64.90 W/S Construction Division - other Equipment. CC . Dick Hasko, P.E., Dep Dir of Public utilities . Pat Patterson, Construction Superintendent Howard Wight, Dep Dir of Construction Jackie Rooney, Senior Buyer t·G.S ><: (/) p.. C\! .¡.¡ .¡.¡ 0 «:I 13 1-1 1-1 C\! ..c:: 0 C\! C\! en >-.1-1 ~ Q) 1-1 "0 p..1-I ...-I Q) .¡.¡ ç: ...-I ,.Q ><: ç: o (/) 1-1 :3 ç: 0 1-1 ,.Q .,.; C\! Q) ..c:: ,.Q - Q) 0 Q) CJ Q) C\! :> 13 ...-I .¡.¡ CIS 1-1 êPo< 13 ...-I :3 ...-I 0 C\! ç:...-I Q) p.. C\! 0 .¡.¡.,.; ¡:Q 1-1 CJ (/) 0 ...-I 0 Q)"'; µ"Po< o C\! N ,.Q >-. 13 "0 C\! µ.. 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CJ (/) o Q) Q) C\! 1nP:: Po<". 13 ç: >-. 13 >-. Z~ ;Ao ¡:Q ¡:Q ',-; o 0 o C\! 1 \' \ ¡:Q.,.; C""\"O \C - ~ -< ~ In >-...;t ~ I-IC""\ 0C""\ .¡.¡ ~ C\!~ I-IP-< (/) 1-1 ~ ,.Q¡:Q C\! Q) .,.; ::;. C\!C-' ~ In :> Q) ...-1- C1\ ...-I ç: ...., P-< :3 ;:: I C1\ CI.I Q)"'; Q) a: Z -- ..... ...-I "0 b.O ...-1"1: >-.-< ~ ,.Q 0 ç: ,.QO...-l 1-10 ...-I .. '''; ~ W .,.;, (1i o..;t Q) ~ ...... (/) (/) UJ .¡.¡..;tQ) "0 >-. - 1-1 Q) (/) 1-1 cr Q) C\! N ç: 0 >-. .¡.¡ CI.I .¡.¡ C\! i Q) .¡.¡ .,.; 1-1 '''; ~ 1-1 ç: >-. ::;. ~ ~ C-'¡ ~ ~ .e. ,.Q~b.O - Q) C\! 1-1 "';Po<ç: "0 :> 1-1 C\! 13 P:: Po< ~ ~ Po< :3 :>¡:QW ç: '''; 1-1 ;::3 Q) C\! ...-I C\! ç: .¡.¡ 1-1 Q) ;3: C\! H . C\! . ¡:Q Q IJ --' " ........ ~ "~'¿"O(lbb PURCHASING~OFFICE 317 PH JAN 12 '95 16:48 i~) . . . . . . ; * PLEASE AFFrx SIGNATURE WHERE INDICATED . (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID) I BID #/ Quote #1729 ì I COMPANY NAME: ¿.. * SIGNATURE: Date;;_ /?t./nr- ! SIGNATURE: H~ D. A-NTH-o/'lY / -. /" (print) 3~;, ~ IIwý ; ADDRESS: =3q3? ! I ~~r ?AtM ~ I ~~/D,4- .33 ~/O (state) (zip code) I ( ¢;~ ), 74J'-£6/ð TELEPHONE: FAX # : rLfi?7) 3¥¡,- ¿Ç47 , VENDOR SER.VICE REPRESENTATIVE FOR PLACEMENT OF O~ER: CONTACT NAME: ~~~ ~r~_. I ¡ (~7) %~%- &~/7 TELEPHONE: ! ; , I I ! . WILL EXTEND S~ PRICING, TERMS I AND CONDITIONS, TO OTHER PALM BEACH ! ; COUNTY GOVERNt.!ENTAL ENTITIES: 0''''("' i I ¿ ,,,,çç I yes no (,,\r" ~ \~~~ I ~t>.~ \ I , I .. f 10 of 12 - - - SCHEDULE OF PRICING BID FORM 11729 1. Total price for furnishing and delivery of one (1) Reversible Vibratory Pla~. Model fBPU 3345A wi~h Gas Engine: 130¡}fA~ 73?R 3O/3-g $ 5";-:Hç~ " Option 1a: Total price for furnishing and delivery of one (1) t Reversible Vibratory Plate Model 'DPU 4045H with Diesel :&:ngine: ßOM/1~ 13n:. ¿;-l)/S-S7) $ 71 "2¥~o_ ! 2. Total Price for furnishinq and delivery of one (1 ) Vibratory Plate Hodel tspu 2440A with Gas Enqine: 130;\-fA& ßPJ2 ~S-/io6$ pó .3/7/~- I i Brand/Model Number: &MHG ¿;M?.&770N E;U//1/V1~ ~~ /J'ftjç:/¿ 7/~ ~ý~ ; . Delivery time -30 calendar days after receipt of order. warranty, t (~/1 ~¿ jI.Jo;- / {P;f' '=~ ~ W A1<í</J7V'ry 91/17.eM~ .A7r/fCIT£D -r> ¿~ ! ¡ , f\ _~ '" - - ~--_.- '..::-. - - --~- - - -~?' / /' --- .. ~ . "."?/ - -_.- -_.- 1 ...J 1 . " ... i I I,.i&- 1 i .:"!.··'i ., - ~' ~~ /.,'/ ( , . .'- - '... - . - ,.. . Standard ~8ipm~ßt . Ii1 Diesel or petrol engine e Ii1 Wear resistant base plate Ii1 Wear rid,es ~ (BPR 30 38 and bigger) ¡ - Ii1 Engine protection bow Ii1 Insulated steering rod, lockable on request Ii1 All round protected V-belt H Ii1 Centrifugal clutch Ii1 Vibration and throttle regulation on the steering rod 0 0 ,..- ,..J Optional equipment kg [L-:1_t] o Vulcolan mats [+ oJ I o Transporter trolley [+ oJ ... L o Safety crank handle [+ 1,5] Dimensions in mm (i,,) B Bt H h h, L 1 (only with diesel engine) o Extension plate [+ I)] BPR 25/32 320 (I2,6) - 1070 (42,1) 655 (25,8) 1240 (48,8) 1440 (56,7) 730 (28.7) BPR 25/40 400 (I5.7) - 1070 (42.1) 655 (25.8) 1240 (48.8) 1440 (56.7) 730 (28.7) I) On request, differing depending on type BPR 30/38 380 (I5) 580 (22.8) 1070 (42.1) 675 (26,6) 1240 (48,8) 1440 (56,7) 730 (28,7) BPR 30/380 380 (15) 580 (22,8) 1070 (42,1) 765 (30,1) 1240 (48.8) 1440 (56,7) 730 (28,7) . BPR 50/550 550 (21.7) 690 (27,2) 1070 (42,1) 880 (34,6) 1410 (55.5) 1770 (69.7) 90505.6) Technical Data BPR25/32 BPR25/40 BPR30/38 BPR30/ 38D ¥BPR50/ 55D Weight Basic weight ........... .................... ...... kg (tb) 117 (258) 121 (267) 172 (379) 192 (423) 392 (864) Operating weight (CECE) ..................... kg (tb) 120 (265) 124 (273) 175 (386) 195 (430) 395 (871) with extension plates .............'............ kg (tb) (-) (-) 190 (385) 210 (425) 431 (800) Static area load........................ kglml (tblin2) 1172 (1,7) 969 (1,4) 1439 (2) 1604 (2,3) 1632 (2,3) . Dimensions Engine see sketch Engine manufacturer..................................... Honda Honda Honda Hatz Hatz Type .......................... ............................... GX 140 GX 140 GX 140 E 673 ES 79 Cooling......... ........ .... ................ ..........,...... air air air air air Number of cylinders ..................................... 1 1 1 1 1 Rated power DIN 6271 IFN ................. kW (bp) 3,7 (5) 3,7 (5) 3,7 (5) 3,6 (4,9) 5 (6,8) Rated speed ............................... min-I (rpm) 3600 3600 3600 3300 2800 Drive.................................,......,.............. .. mechanical, via centrifugal clutch and V-belt . Travel speed fIr· ................... m/min. (Jtlmín) 0-22 (72,2) 0-20 (65,6) 0-22 (72,2) 0-22 (72,2) 0-25 (82) Max. gradeability· ......................................% 30 30 30 30 30 Fuel ......,...............,................................... petrol petrol petrol diesel diesel Vibrator Frequency................ ................ .... Hz (vpm) 78 (4680) 78 (4680) 68 (4080) 68 (4080) 58 (3480) Centrifugal force........................... kN(t) (tb) 25 (5625) 25 (5625) 31 (6975) 31 (6975) 50 (11250) Filling capacities Fuel .... ......,............,......................... I (gal) 3,7 (1) 3,7 (1) 3,7 (1) 4 (1,1) 4 (1,1) . depending on soil TechniC'., ffiodifiC1ltions reserved. Machine illustrations may shown optional equipment. GERMANY: 8oppard/Rhein. tel. 6742-100·0, Fax 6742-3090· FRANCE: 8retigny-sur-Orge, Tel. 33-16· e 0849530. Fax 33·16-0841866 . GREAT BRITAIN: Larkfield. Kenl, Tel. 44·622·716611. Fax 44·622- 718385· AUSTRIA: Wien, Tel. 43-222-6936170, Fax 43-222-694051' U.S.A.: Kewanee Illinois. Tel. loli·free (800) 782-6624, Fax .\09·853-1319' CANADA: BD MAG :e Mississauga, Ontario, Tel. 416-625·6611. Fax 416- 625-440.\ . MIDDLE EAST: Amman. Jordan. '" Tel. 827096, Telex 21065 . ASIA PACIFIC: " Singapore. Tel. 6'·~.ì.(,m/4. Telex 33482 A UNITED DOMINION COMPANY 9 . -- - / . * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID) BID HI Quote H1729 COMPANY NAME: Falcon Power (f~~~Lol~')' * SIGNATURE: 9Z~~ Date: 1/10/95 SIGNATURE: John Biggs (print) 7001 Industrial Drive South ADDRESS: Riviera Beach FL 33404 (state) (zip code) TELEPHONE: ( 407 ) 845-2273 FAX # : ( 407 ) 842-9546 VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: Chuck Haaf TELEPHONE: ( 407 ) 845-2273 WILL EXTEND SAME PRICING, TERMS, AND CONDITIONS, TO OTHER PALM BEACH COUNTY GOVERNMENTAL ENTITIES: (for 60 days) X yes no ". 10 of 12 '" ... '" .....' - SCHEDULE OF PRICING BID FORM III 72 9 1. Total price for furnishing and delivery of one (1 ) Reversible Vibratory Plate Model #BPU 3345A with Gas Engine: Not Available $ ~:::~:--T=-::-~r furnishing and delive~ f Reversible Vibratory Plate Model #DPU 4045H with Diesel ¡ Engine: 6535.00 $ /" .-----/ ,._-------~.~~. 2. Total Price for furnishing and delivery of one (1) Vibratory Plate Model #BPU 2440A with Gas Engine: 4460.00 $ Brand/Model Number: #1 - Vibromax 40 \ #2 - Vibromax 22B Delivery time 30 calendar days after receipt of order. Warranty: 6 Months Parts and Labor at Dealer's Shop 9·of 12 , · , 40/228 Reversible plates ,. High compaction force Rugged Construction Instant forward-reverse control ON SOLID Low maintenance GROUND © Protective frame standard ·.~.) '\ . . " ~ .c I , \ c -j r /1 I I I ,// ! I '~-"-'''"'-''''''''-~'I <II _ _ ________h__::.:/ ~ I " ~ 1,_- L!=pb_CJ f b c e f h i P 228 in 15.0 29.5 21.7 69.7 51.2 17.7 24.0 mm 380 750 550 1770 1300 450 610 ~ 40 in 18.2 35.6 32.1 78.7 68.8 16.9 27.6 mm 462 905 815 2000 1747 430 702 Enaine and Drive 22B ~ Hatz~75 MakeJModel Honda GX 140 Type 1 cyl. air cooled 1 cyl. air cooled diesel Displacement 8.8 cu. in.(144 cu. cm} 21.5 cu. in.(353 cu. cm} Horsepower(SAE net} 4.8 (3.6kW) 5.9 (4.4kW) RPM 3600 3000 Fuel Gasoline Diesel Fuel filter Screen Cartridge Fuel consumption .32 gallhr(1.2 Uhr} .35 gal/hr(1.32 Uhr} Air filter Dry element Oil bath Exciter drive Cent. clutch & V-belt Cent. clutch & V-belt Start Recoil(rope start} Hand crank Ooeratinq Data Exciter force 5845 Ib(26 kN} 7194 Ib(32 kN} Exciter frequency 4500 vpm (75 Hz) 2580 vpm (43 Hz) Contact area 265 sq in.(171 0 sq. cm} 388 sq in.(2503 sq. cm} Compaction depth 15.7 in. (40 cm) 25.6 in. (65 cm) Travel speed per min. 65.7 ft(20 m} 75.6 ft(23 m} Surface coverage per hour 545 sq yd(456 sq m} 960 sq yd(803 sq m} Operating weight 287 Ib(130 kg} 860 Ib(392 kg} Fluid Capacities Fuel 0.95 gal (3.6 L) 1.32 gal (5 L) Engine oil 0.63 US qt (0.6L) 1.27 US qt (1.2L) Exciter 1.06 US qt(1.0 L) 1.48 US qt(1.4L) Std Features: Protective frame Protective frame Engine low oil alert Stationary compaction capability Other Accessories: Extension Plate(24"x29.5") Extension shoes (add 9.4" Vulkolan plate for to overall width) patio block surfaces Sold and serviced by: IMPORTANT Vibromax 2000 (USA) Inc. reserves the right to change these specifications without notice and without incurring any obligation to such change. Unit shown equipped with non-standard equipment. VIBROMAX 2000 (USA) Inc. 2823 Carlisle Avenue Racine, WI 53404 vie Form No. LC1004 Feb 93 Printed in U.S.A. · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER &/11 SUBJECT: AGENDA ITEM # q.A - MEETING OF FEBRUARY 7. 1995 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: FEBRUARY 3, 1994 Attached is the Report of Appealable Land Use Items for the period January 16 through February 3, 1995. 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. ~ 9-fU)~ ÝiL ~& to ~ Ú/Yuj cI~ õI7 ÝiL ~ ~ Jr ¡xø;ø ú.JIu.d ui ~ !d ~ ~ by SPKP/3 on ~/8/9s- 5-0 <. « c~;/ 1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ID T. HARDEN, CITY MANAGER , ~ V :' V v~ V -{ , THRU: D NE DOMINGUE, ECTOR DEPARTMENT OF N NG AND ZONING ¡~$~ ~ FROM: ASMIN ALLEN, PLANNER SUBJECT: MEETING OF FEBRUARY 7, 1995 REPORT OF APPEALABLE LAND USE ITEMS JANUARY 16, 1995 THRU FEBRUARY 3, 1995 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 January 16, 1995, through February 3, 1995. 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 February 7, 1995 Page 2 PLANNING AND ZONING BOARD MEETING OF JANUARY 23, 1995 A. Approved ( 7 to 0) , with conditions, the preliminary plat for Coconut Palms, a 6 unit townhouse development located at the southeast corner of Florida Boulevard and Avenue C. Concurrently, the Board recommended approval on the final plat which will be forwarded to the City Commission for final action. B. Approved (7 to 0) , a master plan modification for Tracts "B" and "C" Delray Park of Commerce, located at the northeast corner of Lake Ida Road and Congress Avenue. The modification involves changing the use designation from Office Center to Light Industrial. C. Approved a conditional use modification (7 to 0) , associated with the addition of a pump dispenser at the Shell Oil Station, located at the southwest corner of Military Trail and Atlantic Avenue. The Planning and Zoning Board also considered the following i tern which will be forwarded to the City Commission for final action: * Recommended approval (6 to 1) , of an amendment to the Land Development Regulations, to reduce the Open Space requirement for properties located within the CBD (Central Business District). At this meeting the Board accepted public testimony regarding community input relative the Capital Improvement (Infrastructure) Needs. HISTORIC PRESERVATION BOARD MEETING OF JANUARY 18, 1995 1. Approved ( 6 to 0) , with conditions a Certificate of Appropriateness, site plan and landscape plan for the CRA parking Lot, located on the east side of N.W. 1st Avenue, north of Atlantic Avenue. Concurrently, the Board approved waivers to the requirement for 5' of right-of-way along N.W. 1st Avenue and a 5 foot landscape strip along the north/south alley. 2. Approved ( 6 to 0) , with conditions a Certificate of Appropriateness, site plan and landscape plan for the CRA Historic Houses, located on the west side of Swinton Avenue, north of Atlantic Avenue. HISTORIC PRESERVATION BOARD MEETING OF FEBRUARY 1, 1995 3. Approved (5 to 0) , a Certificate of Appropriateness associated with a building expansion at St Paul's A.M.E. Church, located on the east side of N.W. 5th Avenue, between N.W 1st Street and N.W. 2nd Street. City Commission Documentation Appealable Items Meeting of February 7, 1995 Page 3 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JANUARY 25, 1995 X. Approved (7 to 0) , a request for color change to the Irish Cottage Pub, located on the east side of North Federal Highway, south of Gulfstream Boulevard. Y. Tabled (7 to 0) , the site plan, landscape plan and architectural elevation plan for Dolphin Bay, a proposed 12 unit condominium, located on the west side of Venetian Drive, between Ingraham and Bay Street. The Board tabled the item so that the applicant may tie architecturally the main site to the off-site parking lot by adding similar perimeter fencing features and to provide more detailed elements to the architectural features of the residential structure. Z. Denied, (4 to 2) a request for a color change to allow a Mural on the east and west face of the 700 Block Plaza building, located on the south side of West Atlantic Avenue, between SW 7th Avenue and SW 8th Avenue. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map . . LOCATION MAP FOR CITY COMMISSION MEETING OF FEBRUARY 7, 1995 L-JO CANAL w ~ ::I ~ ~ ð -C ID ... Z ~ õ( 12 ~ z IS ~ ~ ~ G. 0 LAKE 1111. lOAD DC lS ~ ~ ID VI VI L&J DC CI !!! ~ z 0 -C -C U 10 .... C § ~ ~ VI Õ LaWSON BOULEVARD II) ~.w. 11TH TREET c ~ ~ ~ u ~ 5 . >- >- ;i ~ ~ ð .... n :J :t 1"1 i I 101 L-38 CANAl C-15 CANAl ......'"=- P. &I Z.: H.P .B.: CITY LlNII'S A. - COClJNIl1 PAlMS 1. - C.RA PARI<ING Lor B. - DELRAY PARK OF COMMERCE 2.. - C.RA HISTORIC HOUSES I NI1£ J TRACTS B '" C 3. - ST. PAUL'S ANE CHURCH I C. - SHELL OIL STATION SCALf S.P.RAB. : N X. - IRISH conACE PUB - If. - DOLPHIN BAY CONDOMINIUN CITY OF DEl.RAY BEACH, R. Z. - WEST ATLANTIC "'URAL PLAHNINC DEPNmlENT (700 BLOCK PLAlA) -- DIGITAL SlSë IIAP SYSTEM -- ~ . AMENDMENT .1 CITY OF DELRAY BEACH FY 95/96 PROPOSED SCHOOL ATTENDANCE BOUNDARY CHANGES Hie:h Schools Recommend no changes in High School boundaries in the upcoming fiscal year that would affect SACs within the corporate limits of Delray Beach and any SAC's currently assigned to Atlantic High School outside the corporate limits of Delray Beach. High school boundaries should be reviewed in the next fiscal year in conjunction with the opening of new high schools planned for construction in Boynton Beach. Middle Schools Recommend that existing Middle School boundaries affecting Delray Beach SAC's remain unchanged except as follows: Remove SAC 299H from Loggers Run and remove SAC 229G from Boca Raton Middle schools and assign students to Omni Middle School. These changes would not put Boca Raton or Omni out of OCR compliance. Loggers Run is currently out of compliance and the eight minority students affected would not make a material difference in the racial balance at Loggers Run. This proposal would reduce the number of attendance zones and middle schools attended to three within the corporate limits of Delray Beach. f~~~~~~~l~~~~m~~~~~~i~~~t1t¡{~~~~~~IÄØJl¡~t1~~~¡~~¡¡~~¡~~~~~~~ili~¡~t~~~1~~~~~ ¡¡~~~*ltJili~ill$~~~~~lImti)¡f@¡~~~~j*!i~~i~~w.ilim~~~~~~~~ ~~~~~~¡~¡~¡~f~~~~~~~;~!~~~~~~~i~~~~~*~~øm~i~~¡~~~~*~~~~W.~¡~~t~~¡f;~~~~~~~~~~~~~~~¡ 299H 8 2 299G 32 4 mI:::r:::::':"'::Ù:;:::'II:::':;:tn:4ø.::IIåIII'#It::::Ù;'IIt: ::"::::\:n::ttt:\ttttttll£\¥?\41.i:::\t?\'tnt:\ ...........,.........,..................................................... An option to this proposal would be to remove SAC's 299H from Loggers Run and SAC 299G from Boca Raton and assign students to Omni and remove SAC 300C from Omni and move this SAC to Boca Raton Middle School. The net impact to Omni would be the addition of 12 students, 8 Black, 4 Other and the net impact to Boca Raton would be plus 2 Other students. .. Either of these two options would remove the donut hole effect within our minority community. Elementary Schools The changes proposed in these recommendations will reduce the school attendance zones from 16 to-lO and number of schools attended from 11 to 9. This proposal also reduces the number of Delray Beach students bused to 9ß· - other than Delray Beach schools from 948 to 818 and the number of schools attended outside of Delray Beach from 7 to 4. BanV8n Creek Recommend changes to SAC assignments as outlined in the School Board proposal dated 1/4/95 except as follows: Leave SAC 285A at Banyan Creek. Move SAC 294ßlto S.D. Spady. Move SAC's 289,291 and 292 to Plumosa. The net impact to Banyan Creek is as follows: lO39 .36% q46 33% This school would still be in OCR compliance. S.D. Spady Recommend inclusion of SAC's 294B and 294C with 294A as boundaries for this school. This would place SAC's adjacent to the school in the school boundary and put a maximum of 208 Black students in this facility if all were attending the Montessori program. Racial balance is achieved at this school through the successful Montessori Magnet program. Recommend students residing in these SAC's who do not attend the Montessori prögram be transported to either Hagan Ranch Road or Forrest Park. . Plumosa Recommend removing SAC's as proposed by School Board staff on 1/4/95 and adding SAC's as proposed except for the following: Do not assign SAC 294B to this school. Add SAC's 289,291, and 292. The net impact would be to add approximately only 28 students to current enrollment and would change the % of Black stucõlents attending this school from 48% to approximately 34%. Morikami Recommend the addition of SAC 299D to those proposed by School Board staff on 1/4/95. This change would increase enrollment to approximately 800 with a Black student population of approximately 35%. This percentage would be in line with percentages proposed for Banyan Creek. S.D. Spady, Plumosa and Blood's Grove and still leave a growth potential of approximately 200 students. 2 . .. . .. .,' Blood's Grove This school and the assignment of students to the facility from Delray Beach SAC's is of the utmost important to our citizens. In view of the tremendous investment the City has made in both time and dollars (approximately $1 million) to this facility, we feel that it is critical that more Delray Beach SAC's and Delray Beach students be assigned to the new facility. For over three years the City assisted in the negotiations for this site and has acquired an additional 6 acres adjoining the site to help you meet your needs. Through our interlocal agreement we will be sharing a large part of the cost to provide water, sewer, sidewalks and road access to this site. In view of this investment and in the spirit of past cooperation between our Boards, we recommend the following: Recommend SAC assignments as per the School Board proposal of 1/4/95 except as follows: . Delete SAC's 307A, 307B (Pheasant Walk area) and allow these students to continue to attend their neighborhood school. . Add SAC's 299H, 300C, 304, 305 and 375 from Delray Beach. This recommendation would place 9 Delray Beach SAC's of the 18 total proposed In the school with a Delray Beach student population of approximately 374 students or about 56% of the school's population. The net impact to this site would be a total school population of approximately 744 students with a Black population of approximately 39%. This is in line with percentages proposed for the Delray schools and leaves room for growth of approximately 200 students. Pine Grove Recommendation Assign SAC's 299A, 300A, 300B, 301 and 401 to Pine Grove. 126 80% This data is based solely on 1/23/95 SAC attendance data and does not take into account S.A.E. 's. The assignment of SAC's to Pine Grove is inexplicably tied to the assignment of SAC's to Blood's Grove. Thi~ facility has been out of OCR compliance for about 10 years and both the City and the School Board have recognized, as recommended in the 1990 Consensus Statement adopted by both Boards, the 3 ~ need for special programs at this facility to foster and develop racial integration. Current records and recent past history reveal that the mere assignment of predominately non-Black SAC's do not assure racial integration. The records will reveal that many non-Black students from SAC's assigned to this school or who were previously assigned to this school either choose to attend private schools or enroll in programs at other public schools (S.A.E.). In addition, as evidenced from your records, many Black students also choose, when possible, to attend other schools because of their programs which are not available at Pine Grove. In the view of many citizens Pine Grove has become a special needs school, which provides a tremendous service for those students who have those needs, but lacks programs that meet the needs of other students. This school is not now in OCR compliance. The recommendations we set forth herein will not bring the school into compliance. Other boundary proposals that you may receive in and of themselves will not bring this facility into compliance without program changes that will entice both Black and White students to attend this school. The recommendations we have set forth will provide the classroom space once renovations and additions are completed (approximately FY '96- '97) to add programs to this school which can begin to develop a better racial balance. Over the next year we can work together to develop programs to institute in school year '96- '97 so that when the renovations and additions are complete and capacity is expanded we can proceed together to meet the needs of our students and improve the racial balance at this facility. Other Recommendations :..t.Mlä It..~1 ;WWll1ibIiW&I~ ¡llllilllJII 11.'111111 1IIIilltllllllf jll!~: ,', ~'. . ;"1;<::::: x:;'~:::::·"·:-· :IDt'š"'Iw~~r" ..,:.§¡:". .':::: f' ':" ..~~'?~~ :.~ *:ÿ ::@~~:;¡*~: :~~t?,~~:::~ .;:::w¡J-:-:·;§f:t:1;:~::: :ii.> ,,~ Wi...~*.:::.: :~,:..mm.,*:if::~~JID1r~'$::::: .... .. .. ....... ..... 299D Forrest 119 3 122 Morikami Park 299E J.C. 39 2 41 Verde Mitchell 299F Addison 168 29 197 Addison Mizner .. Mizner 299G Verde 72 15 87 Verde 299H Sandpiper 9 0 9 Blood's Shores 300C Del Prado 64 3 67 Blood's 300D Pine Grove 85 23 108 Calusa 300E Calusa ~ 111 10 121 Calusa 338 Boca Elem. 84 11 95 Del Prado 4 · .. , These proposed changes will not put any of the sending or receiving schools out of OCR compliance. Proposal Delray Beach Students Attending Out of City Schools FY '95 - '96 Morikami 1 Morikami 2 Morikami 3 Verde 2 Addison 29 Mizner 299G Verde 72 15 87 300D Calusa 85 23 108 300E Calusa 111 10 121 :':¡II:¡:))))'?TSa::¡:::':¡:m{:¡,::¡:::))))mm)m:¡:m:¡:::¡::'::81$:)m::{:m:)):::{{{m':::¡:::::¡:))}}~'{1's.:¡{m¡:)¡:'{::¡:m:t Less -258 -6 -264 Morikami tlJ.~~mili~¡¡~ffi~~JtrlSl¡~l~~~¡~¡~~¡~¡~¡¡¡¡~f:¡¡~¡¡~~¡~¡~~f:tt~tft1Rill¡mt~~m~~i¡~¡~lj~~~1H¡~~t~;¡~jm~¡¡¡~¡ili1¡¡*f:$$ll¡~¡m¡~~¡j¡¡j¡~¡¡jl\~\\I¡~¡~ .. ,- 5 . c \ 1994-95 PALM BEACH CO. SCHOOL DISTRICT STUDENT AREA CODES (S.A.C. AREAS) . FOR THE CITY OF DELRAY BEACH, FLORIDA ® A 111 £,oh m£¡.jJ zi..{ PR-D PD.s~Þ :&:>u~~'E- Q£A1 £~ ~~( :X~ð~ jC(9S,.9~ L-.:m CANAL w ::;) .- z ~ <1: 283 r' 282 z 0 L. 287 t- -J Z < 3: g:, .-.-,-,_. tf I 0 <1: G. 0 '1 ~ LAKE IDA ROAD 288 I :.:: 292 u 285A I ;: ~ 286 <1: I m 293 " I .J I 298 0 I ~ 297 <1: I > W -J I ::;¡ 0 I LOWSON BOULEVARD ID 296A I c z I 0 -< 0 t5 I := w 0 ::E U I 0 I ¡:: Z « ¡::! « ~ ~ 0( -J '" <1: 2968 û J05 z <1: ¡J u 30J ..: 302 I') I w L-38 CANAL C-15 CANAL . I MILE I I STUDENT AREA CODE (S.A.C.) NUMBER & BORDER: 302 SCALE MUNICIPAL CITY UMITS: -'-'-'-'-'-'-'-'-'-'- N ® ELEMENTARY SCHOOL ([if) MIDDLE SCHOOL ® HIGH SCHOOL LOCA 1l0N LOCATION LOCATION CITY OF DELRAY BEACH, FL PLANNING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- SOURCE: SCHOOL AlTENDANCE BOUNDARIES MAP BOOK. PALM BEACH COUNTY DISTRICT SCHOOLS, 1994-1995 EDITION. l3 A~ YOD {!¿£EK' - (?,I)¿u~A - S.b. SPA by A ':D ÌJ ISO AI /111 ~ ;10'¡;- '=- ¿)E"e.2:> £ '_I!!I k..... 12> [DC DS 9/-1 - ?¿~ml)SA ~, ?/IVE GeOI/E. 'i~ - /J?ð/2II::~MI 1I_V' , . . A , . 1994-95 PALM BEACH CO. SCHOOL DISTRICT STUDENT AREA CODES (S.A.C. AREAS) . FOR THE CITY OF DELRAY BEACH, FLORIDA ® /?/Y7 £~ fttEµT.J.t c Ir , /ŸJ.'),Þ¿é S'~ACðl.s F(9S J16 L 30 CANAL ~ LU ..J ::J ::J Z 0 (?\ ~ CD . \Ii;) « tñ 283 r' 282 ð ~ I- (.) ..J L. 287 Z « 2858 « ~ m ~I ._._._,_.J c I c( G o . I Ir LAKE IDA ROAD 288 I G 292 2851< I ~ 286 I CD 293 I ._._. '-1 I 2 " r'-' .J ~ . 291 . Y 296 01._. . I ._.~ I 298 Q I Ir 297 ~ LU , ..J I ::J o I LOWSON BOULEVARD CD 2961< c 2 I Q -< ~ ~ I LU ~~ 0 ~ I 0 ~ LINTON BOULEVARD I I ~ 0:( ~ .-I I >- <r r' 0:( I ~ I L. X I 304!f J I I . fi J ·L.j· L ~ ~._._.~ ~ ..J >- .~ ~ 2968 ~. ._.:;j 305 c( I- I ..: ü ;! i 302 303 r'") ~. ~ I L-38 CANAL C-15 CANAL I MILE I I STUDENT AREA CODE (S.A.C.) NUMBER & BORDER: 302 SCALE MUNICIPAL CITY UMITS: -,_.- .-,-.-.-.-.-.-.- N t?\ ELEMENTARY SCHOOL fÃ1\ MIDDLE SCHOOL ® HIGH SCHOOL \Ii;) LOCATION \f.!!) LOCATJON LOCATJON CI1Y OF OELRAY BEACH, FL PLANNING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- SOURCE: SCHOOL ATTENDANCE BOUNDARIES MAP BOOK, PALM BEACH COUN1Y DISTRICT SCHOOLS, 1994-1995 EDITION. C~/2V£~ ~ 73 (9 c!-,/9 ~ LJ»1N'I .. . ~~, , . . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~ SUBJECT: AGENDA ITEM # C¡.C - MEETING OF FEBRUARY 7. 1995 CONTRACT ADDITION (CHANGE ORDER NO. 3)/SUN ART PAINTING CORPORATION DATE: FEBRUARY 3, 1995 This is before the Commission to consider a contract addition (Change Order No. 3 ) in the amount of $43,650 to the contract with Sun Art Painting Corporation for additional scope of work and extension of contract an additional 60 calendar days. The scope of work includes painting of additional structures at the Water Treatment Plant not included in the original contract. These structures were included as alternates in the original bidding last year, with the intention of adding them to the contract when additional funding became available this fiscal year. Funding in the amount of $23,200 is available from Water and Sewer - Building Maintenance (Account No. 441-5143-536-46.10) i and $20,450 from Water and Sewer - Other Improvements (Account No. 442-5178-536-46.10) , pending budget transfer from Water and Sewer Renewal and Replacement - N.E. 3rd Street from Federal Highway to N.E. 9th Avenue (Account No. 442-5178-536-61.35) . Recommend approval of contract addition (Change Order No. 3) to the contract with Sun Art Painting Corporation for additional scope of work and extension of contract an additional 60 calendar days. ~ 6' -0 Agenda Item No. 9C AGENDA REQUEST Date: February 1, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: February 7, 1995 Description of item (who, what, where, how much) : Staff reauests city Commission approval of a Contract Addition (CO #3) with Sun Art paintinq Corporation on the Repaintina of the Water Treatment Plant (Proiect # 94-53). The scope of work includes paintina of additional structures at the Water Treatment Plant not included in the oriqinal Contract. The Contract Addition is for an add amount of $43.650.00: and an additional sixty (60) calendar days to the Contract time. Fundinq is available from the Water Sewer/Buildinq Maintenance acct. no. 441-5143-536-46.10 in the amount of $23.200.00: and from the Water Sewer/Other Improvements acct. no. 442-5178-536 ~3.90 in the amount of 20 450.00. .1} YES@ DRAFT ATTACHED YES r!!1 ORDINANCE/RESOLUTION REQUIRED: Recommendation: Staff requests approval of Sun Art Painting corporation in the amount of $43,650.00 and extension of time sixty (60) calendar days. t#ØI Ä__~__ß 'Iz(fç /k 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:, E ¡NO Funding al ternati ves '. (if applicable) Account No. & Descri;£tion ~ð~'Wï=1{1à6l~- t¡/;JD P.+l ~'\t Account Balance - ¿I, Ç.;?'7 ! . ~ 7~øb.ro r"t5 6i~¡¡ City Manager Review: §S/NO f'ï~ /) Approved for agenda: Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, city Manager From: William H. Greenwood, Director of Environmental s~~es Date: February 1, 1995 Re: Repainting the Water Treatment Plant (94-53)- Phase II Contract Addition (C.O. #3) Attached is an agenda request for Commission approval of a Contract Addition (C.O.#3) to Sun Art Painting for the above referenced Project. The scope of work includes painting of additional structures at the Water Treatment Plant not included in the original Contract. The Contract Addition is for an add amount of $43,650.00¡and an additional sixty (60) calendar days to the Contract time. '1'he original Contract represents Phase I repainting and encompassed the Base Bid submitted by Sun Art Painting. Funding for Phase I is from '93-'94 Budget monies in the WIS Building Maintenance Account (441-5143-536-46.10). The scope of work included in this Contract Addition was bid as an Alternate to the Base Bid and represents the Phase II scope of work intended to be completed with '94-'95 monies from the same account. Sun Art was the low bidder on the Base Bid as well as the Alternate items included in the proposed Contract Addition (see attached items 1-11). Alternate item 12 is for repainting the maintenance shop on top of the south reservoir and is not a part of the Contract Addition. This building was painted recently as part of the South Tank Renovations. The Contract Addition also includes one coat of Urethane on all exterior metal surfaces existing in items 1-11. This coating is 2-3 mils DFT thickness of Tnemec 74 Series paint. It will provide more durability and aesthetics for these surfaces. This is the same system that was added by prior Contract Addition (C.O.#2) for the Base Bid metal surfaces. Funding is available from the Water Sewer/Building Maintenance acct no. 441-5143-536-46.10 in the amount of $23,200.00¡and from the Water Sewer/Other Improvements acct no. 442-5178-536-63.90 in the amount of $20,450.00. CC : Dick Hasko, P.E., Deputy Director of Public utilities Don Haley, Water Treatment Plant Manager Howard Wight, Construction Manager A:MEM09453.DOC BASE BID CONTRACT PRICES rf~ REPAINTING THE WTP¡ PN 94-053 ;~ ITEM CONTRACTOR CONTRACTOR CONTRACTOR I I I I I lITEM No. & DESCRIPTION I SUN ART PAINTING COPR. ISOUTHLAND PAINTING CORP WESTERN WATERPROOFING I I I I I COMPANY OF AMERICA I I I I I I I I I I I I I I I I 101 NORTH & SOUTH I $5,600.00 I $5,050.00 I $8,476.00 I I AERATORS I I I I I I I I I 102 FILTER Nos. 1 - 8 I $3,420.00 I $10,420.00 I $17,862.00 1 I I I I I 103 CLARIFIER No.4 I $1,380.00 I $1,760.00 I $5,397.00 I I I I I I 104 CLEARWELL I $1,430.00 I $1,445.00 I $5,742.00 I I I I I I 105 FILTER Nos. 7 & 8 I $3,520.00 I $3,600.00 I $4,900.00 I I I I I 106 FP&L VAULT NEAR I $2,030.00 I $3,815.00 $15,495.00 I I CHLORINE BUILDING I I I I I I 107 FILTER BED/OLD I $10,010.00 I $10,100.00 $26,585.00 I I CLEARWELL I I . I I I I I 108 PIPING ADJACENT TO I $10,610.00 I $14,200.00 $31,095.00 I I FILTERS & CLARIFIERS I I I I I ~ I I I TOJ.Al.--itA"SE 8IrfTiEMS I $38,000.00 I $50,390.00 $115,552.00 I I I I I . i' /) '. . ' (~Jf/{C (? .. .11 (I,J4 ( 11' ALTERNATE BID PRICES {~ REPAINTING THE ~TP; PN 94-053 ITEM CONTRACTOR CONTRACTOR CONTRACTOR I 1 1 I lITEM No. & DESCRIPTION I SUN ART PAINTING COPR. ISOUTHLAND PAINTING CORP ~ESTERN ~ATERPROOFING I I I I COMPANY OF AMERICA I I I I I I J I I I I I I 101 CHEMICAL BUILDING I $2,550.00 I $1,895.00 SIt,800.00 I 1 I I I 102 GENERATOR NEAR I $1,090.00 I $1,440.00 $2,250.00 I I CHEMICAL BUILDING I I I I I I I 103 AMMONIA TANK I $460.00 I Slt90.00 $2,400.00 I I I I I 104 NE ~TP FUEL STORAGE I $3,090.00 I $7,865.00 $3,900.00 I I TANK & CONTAINMENT I I I I I I I 105 BACKFLOW PREVENTOR I $430.00 I $340.00 $2,250.00 I I I I I 106 ACID STORAGE BUILDING I $830.00 I $755.00 "$3,200.00 I I 1 I I 107 BACKYASH RECOVERY I $1,170.00 I $1,510.00 $2,100.00 I PUMPS I I I I I I 108A SOUTH REPUMP STATION I $3,130.00 I $1,660.00 $3,930.00 I EXTERIOR I I I I I 108B SOUTH REPUMP STATION I $4,370.00 I $7,000.00 $11,930.00 I INTERIOR I I I I I 109 FP&l VAULT NEAR I $3,890.0Ô I $1,'600.00 $16,530.00 I SOUTH REPUMP STATION I I I I I 110 LIP OF SOUTH CONCRETE 1 $720.00 1 $250.00 $1,350.00 I RESERVOIR I I I I I /11 AIR STRIPPING TOYERS I $16,030.00 I $17,520.00 $8,532.00 I I I 112~OLC CONtRiTE !J (: Lt;.V ¿/ $8,290.00-1 .--------- ---$2,990;00-1--···-- $7,65&:-00 I MAi~~ENANCE-9ffeP I I I I I -'"] ) J . \ \ I q .., .', 6 (I (\¡ 4 ¿ J ' J.!:;- f..i,OI.." , I I (,. I SIt~"J3.1S~0 I , ) . ,) /)£ TOTAL ALTERNATE BID I $46,050.00 I $70,822.00 I . r. I. ;.. I I I I I TGTA ;-BASE-!HÐ:::ANÐ ALTERN.uE=BID ~84 ;050":t10 $95-;765-;00 . $186,31im>0 ()¡(f lij(¡Nf- ¿)fif¡µ¿ / - J ) y ,). ,1,0/ 6AJ11fJ(/ !i¡)¡j/f,,)A) t,/J) , % í)') 41 tt r (1, -" .:;-i - .. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. 3 PROJECT NO. 94-53 DATE: PROJECT TITLE: Repaintinq the Water Treatment Plant TO CONTRACTOR: Sun Art paintinq Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Work to be completed per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $38,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $16,140.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $51,140.00 COST OF CONSTRUCTION CHANGES THIS ORDER $43,650.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $97,790.00 PER CENT INCREASE THIS CHANGE ORDER 115% TOTAL PER CENT INCREASE TO DATE 152% EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE ~ CALENDAR DAYS TO 5/4/95 FOR SUBSTANTIAL COMPLETION. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit competitive bidding. Sun Art Painting Corporation (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Servo 442-5178-536-63.90 W/S OTHER IMPROVEMENTS DEPARTMENT FUNDS BUDGETED CODE SOURCE Environmental Servo 441-5143-536-46.10 W/S BLDG. MAINTENANCE '. DEPARTMENT FUNDS BUDGETED CODE SOURCE DELRAY BEACH, FLORIDA By its city Mayor RECOMMEND: By: William H. Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: city Attorney City Clerk . SCHEDULE "A" CHANGE ORDER #3 1- Chemical Building $2,550.00 2. Generator Near Chemical Building 1,090.00 3. Ammonia Tank 460.00 4. NE WTP Fuel storage Tank & containment 3,090.00 5. Backflow Preventor 430.00 6. Acid storage Building 830.00 7. Backwash Recovery Pumps 1,170.00 8a. South Repump station Exterior 3,130.00 8b. South Repump station Interior 4,370.00 9. FPL Vault Near South Repump station 3,890.00 10. Lip of South Concrete Reservoir 720.00 11. Air Stripping Towers 16,030.00 12·. Exterior metals except for fule tanks add one coat of Tnemec's 74 Series Urethane, 2-3 mils DFT 5,890.00 13. Fuel tanks: substitute one coat of Tnemec 74 Series Urethane, 2-3 mils in lieu of the second coat of Tnemec 135 Mastic 0.00 . Total Change Order $43,650.00 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ð?v1 SUBJECT: AGENDA ITEM # 9·D· - MEETING OF FEBRUARY 7. 1995 SERVICE AUTHORIZATION NO. 14/GEE AND JENSON DATE: FEBRUARY 3, 1995 This is before the Commission to consider Service Authorization No. 14 to Gee and Jenson for additional engineering and design services in conjunction with the East Atlantic Avenue Beautifica- tion proj ect . These include redesign of the drainage system, design for the replacement of an existing eight inch water main as well as additional enhancements and coordination as a result of the I.S.T.E.A. Grant. The amount of Service Authorization No. 14 is $101,964 and will be funded from the East Atlantic Avenue D.O.E. (Account No. 228-4141-572-61.73). The City will be reimbursed for seven percent from the Grant (approximately $82,000) for design services. Recommend approval of Service Authorization No. 14 to Gee and Jenson for additional engineering and design services in conjunction with the East Atlantic Avenue Beautification project. 4 (ß I Í' _~I~ óI'I<1~ ì upr t (ÆI»J ~j;)I1 J -- . . Agenda Item No.: '11> AGENDA REOUEST Date: Februarv 1, 1995 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: Februarv 7. 1995 Description of item (who, what, where, how much): Service Authorization No. 14 to Gee & Jenson, Inc. for additional enqineerinq services associated with the East Atlantic Beautification Proiect. Additional services include redesiqn of the drainaqe system. desiqn for the replacement of an existinq 8" water main. as well as additional coordination of the I.S.T.E.A. Grant. The total amount of Service Authorization No. 14 is S10L 964 and will be funded from account no. 228-4141-572-61.73. The City will be reimbursed 7% from the LS.T.E.A. Grant (approximatelv $82,000) for desiqn services. ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES~ Recommendation: Staff recommends approval of Service Authorization No. 14 to Gee & Jenson for additional enqineerinq desiqn in the amount of $101,964.00. Department Head Signature: ~Ç?-~,~ ~;/!f's- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~red on all items involving expenditure of funds): '. Funding available: ES NO Funding alternative (if~Plicab~ ~ Account No. & DescriPtio~-(j/~/~57þJ.,J,'7 3 f:as-J ~- A/t/JlM W Wtr Account Balance ..Ì> '80~ q City Manager Review: Approved for agenda: c!jJ/NO {fJl Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: David T. Harden city Manager n.¿Z FROM: William H. Greenwood ~~~ Director of Environmental Services DATE: February 1, 1995 SUBJECT: Service Authorization No. 14 Gee & Jenson East Atlantic Avenue Beautification Project No. 93-68 Enclosed is an agenda request and copy of the service authorization to Gee & Jenson for additional engineering associated with the East Atlantic Avenue Beautification Project. These additional design services include redesign of the drainage system, design for the replacement of an existing 8" water main as well as additional enhancements and coordination as a result of the I.S.T.E.A. Grant. The amount of the service authorization is $101,964 and will be funded from the East Atlantic Avenue D.O. E. account. The City will be reimbursed for 7% from the I.S.T.E.A. Grant (approximately $82,000) for design services. WG:DB:mm File: Project No. 93-68 (A) WG368201.MRM . . CONSULTING SERVICES AUTHORIZATION Date: Januarv 23. 1995 Service Authorization No. 14 for Consulting Services City P.O. No. City Expense Code Title: East Atlantic Avenue Beautification - SUDDlemental Service Authorization This SelVice Authorization, when executed, shall be incorporated in and shall become an integral part of the original Contract. I. Project description Preparation of design criteria, plans and specifications and construction phase services for the installation of Streetscape improvements for the East Atlantic Avenue Beautification program, and related ISTEA Grant Program administration. II. Scope of services: Phase 1 & 2 - Study & Preliminary Design Phase - Completed under Service Authorization NO.5 Phase 3 - Final Design Phase 1. Prepare construction documents for the East Atlantic Avenue Beautification program between the Intracoastal Bridge and Highway A1A, including drawings, technical specifications, contract documents (provided by the City) including general conditions, Bid and proposal forms, including criteria, descriptions and design data necessary for permitting by governmental authorities. 2. Prepare a detailed estimate of probable construction cost prior to advertisement of the project for construction bids. 3. Attend necessary City Commission meetings and East Atlantic Avenue Task Team meetings during the design process to periodically update the City on progress of the project and to recommend award of the contract for construction. (10 meetings total) 4. Prepare and process permit application for governmental agency permits including FDOT, SFWMD and Florida DEP. nstruction documents for an eight (8) inch water main sub-aqueaus cr Intracoastal Waterway, In , , ocuments (provided by the City) includin e . . an proposal forms, inc u Ing , . a necessary for permitting by governmental authorities. Phase 4 - Bidding/Negotiation Phase 1. Ássist City in obtaining bids, preparing necessary addendums, and in evaluating and recomrnending an award of the contract for construction. 2. Attend the prebid conference, bid opening, preconstruction conference and assist in reviewing required bonds and certificates of insurance. 3. Consult with the City conceming acceptability of substitute materials and subcontractors proposed by prime contractor. Phase 5 - Construction Phase (Based on 6 month Construction Period) 1. The Consultant, based on observations and evaluations of contractor's progress shall review monthly applications for payment and certify the amounts due the contractor. 2. Review and approve or take other appropriate action upon contractor's submittals of shop drawings, product data, and samples for the purpose of checking for conformance with the design concept and contract documents. 3. Prepare change orders and construction charge directives in consultation with the City, for the City's approval and execution in accordance with the contract documents. 4. Periodically observe the progress of construction during the contract as stated in the contract documents. Visits will be to become generally acquainted with the progress and quality of the work and to generally determine if the work is being performed in a manner consistent with the contract documents. Periodic observation does not require a full time project representative during construction. The City will also have field project representatives observing construction. 5. Conduct inspections to determine the date of substantial completion and final completion and issue a written certificate for final payment upon contractors substantial compliance with the requirements of the contract documents. 6. Provide a set of reproducible record prints of the construction plans indicating those changes made during the construction process, based upon data supplied and certified by the contractors surveyor. III. Budget A. Phase 3 - Final Design Services (Items 1 thru 4), Phase 4 and Phase 5 services Fee Based on 7,0% of Probable Construction Cost Const Cost Fee ISTEA $1,173,000 $ 82,110 City $ 753,060 $ 52.714 Total $134,824 Less Service Auth. No.6 $ 60.500 Total $ 74,324 es bidding/negotiation/construction phases. Fee $114,540 ,~j. Phase 6 - ISTEA Grant Administration and Coordination Services See attached budget worksheet for estimated fee backup. Fee $27.640 GRAND :TOTAL FEES THIS SERVICE AUTHORIZATION S116,7QQ IV. Completion Date: .. /tJl) ~~ 'I Phase 3 - 120 days from Authorization Phase 4 - 60 days from completion of Phase 3 Phase 5 - 200 days from award of construction contract Phase 6 - Ongoing during phases 3,4, and 5. · . 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 DELRAY BEACH: CONSULTANT: Gee & Jenson E-A-P, Inc. Date Thomas E. Lynch Mayor Attest: Approved as to Legal Sufficiency and Form STATE OF Florida COUNTY OF Palm Beach The aforegoing instrument was acknowledged before me this 23rd day of Januarv, 19~ by Russell C, Devick. P.E.. Sr. V.P. of Gee & Jenson Engineers-Architects-Planners, Inc., a Florida corporation, on behalf of the corporation. He;s pe..onally known to me and d;d not taka an oai<~ ~ \-d-~-qS- Signature of Person Taking Acknowledgment Name of Acknowledger Typed. Printed or Stamped an:\kjw\auth.pom ~..~ ~~ \. lORl NOEL ti :'1 MY COMMISSION , CC 3781. ~~.J1!. rt:.~i 8GntItd EXPII&: May 30. '. ...r,¡. TIw NøIIuy PubIc ~ SERVICE AUTHORIZATION NO. 14 ESTIMATE OF FEES ISTEA GRANT ADMINISTRATION (PHASE 6) EAST ATLANTIC AVENUE BEAUTIFICATION (SR 806) Rates $95.00 $85.00 $80.00 $65.00 $50.00 $30.00 Totals STS PM SE EIA Des. Sec. Scope Item 1. LA. Certification a. Narrative 4 16 8 28 b. Locallnt. 6 6 2 14 Hrs. 2. Pjt. Appl. Process a. Prospectus 4 8 8 4 24 b. Agreement 2 8 10 c. Checklist 4 16 8 8 36 3. Public Inv, N/A 4. Preconst. Eng. a. R/iN-By City -Coord. 2 16 8 26 b. Design Stds - OK 5. PS & E a. Comp Book & Est. 8 16 24 40 16 104 b. FHWA Approval P,S & E 4 8 16 8 36 c, FWHAApp. Bids,.etc. 8 16 16 8 48 6, Const. Admin, a. Pjt. Closure Req'mts. 16 24 40 24 16 120 Total Hrs. 58 64 158 88 78 446 Total $ $5,510.00 $5,120.00 $10,270.00 $4,400.00 $2,340.00 $27,640.00 Grand Total ISTEA Admin. $27,640.00 1/19/95 INTERMODAL SURFACE TRANSPORT A TION EFFICIENCY ACT (PL-102-240) OF 1991 (ISTEA) Local Agency Program (LAP) Manual Requirements for East Atlantic Avenue Beautification (SR 806) Preliminary Scope of Services Step 1 - Local Agency Certification Chapter 1 - Section 3 · Fill out Local Agency Certification qualification Agreement Form - City Engineer as P.E. - City Department as Reviewing Body · Narrative · Local Interview by LAP & Task Team Step 2 - Project Application Process · Project Prospectus - (Ex. 11-1-3) · Local Agreement - (Ch. II - Sect. 2) (Ex. 11-2-1) · Project Application Checklist - (Ex. 11-1-1) and Supporting Data Step 3 - Public Involvement Program - Not Applicable Note this in Agreement Form Step 4 - Preconstruction Engineering Features · Project Development Phase (lV-1-02) - Not Applicable · Location Surveys & Right-ot-Way Mapping (lV-1-03) - Probably Not Required - Document Existing Only - (By_City) Check w/LAP · Standard FOOT Designs and Specs, Standards - Etc. - Design Exception/Variation Required. Step 5 - Plans, Specs & Estimate (PS& E) · Local Agency Ad-and-Award Project - FOOT Standards, Specs (IV-2-03) · Computation book and estimate required (lV-2-03) · PS & E must be approved in writing by FHW A · OBE Goals , · FEDS approval estimates, Bids, Addendum, Awards, intent to award, change orders (lV-3) Step 6 - Construction Administration - Local Ad and A ward · Use FOOT Construction Project Administration Manual (Sample Testing Criteria) - By City staff on-site. · Source of Materials must be pre-approved (City) · Pay Estimates (Monthly) approved by LAP Administration in District 4 · City records retention and collection - for Fed Requirements By Consultant - Pay Estimate Approval - Periodic Inspection Only - Semi Final Inspection - Punch List - Final Inspection - Final Estimate by Engineer - Project Closure - 90 days after final inspection . Final Billing and Completion Letter . Final field Walk Through w/LAP Ad 1 2/1 2/94 93040.22/99 (lSTEA ADMINISTRATION) M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER é1ft1 SUBJECT: AGENDA ITEM i ~~. - MEETING OF FEBRUARY 7. 1995 POMPEY PARK POOL CONSTRUCTION SCHEDULE DATE: FEBRUARY 3, 1995 This week it carne to staff/s attention that there has been a serious miscommunication concerning the construction schedule for the Pompey Park pool. When this was discussed with the Commission on October 18, 1994, our consultant/s representative stated the construction schedule would be about 200 days, but still left the Commission and senior staff with the impression that the pool would be finished by July of this year. Attached is a transcript of pertinent portions of the October 18th discussion. The construction schedule we received this week, a copy of which is attached, shows construction lasting from April 30 through December 31, 1995. Staff feels it is very important to have the pool available this summer. Therefore, we recommend that the start of construction be postponed until the day after Labor Day, or September 5, 1995. ~ ~ I ;mtJ/ilm Cd p7~ úJiM ~ /Ulf;&; ~ ~ ~ JðE- WEldon !o chEU wi#> d,M~ on If uS /;9 4eom Ibmp&¡ 10 1IgU8 &€s./-- 4.é: >0é ó¿un m E,e -' 8 ¡"I / (;,e£Mt.(x:od w/II b/d ;t,ê cduo 'p;C/(! E ~ ð/Jé wI 19 ~~U€e~ L1::v?5~T/07? <..SZ:0~/ é., - .s -0 ref:agmemo4 COMMENTS FROM CITY COMMISSION REGULAR MEETING OF OCTOBER 18, 1994 Item #7C - Presentation bv Gee & Jenson--Pompev Park Pool: Mayor: Stages, when are you expecting to go to bid? City Manaqer: I'm not sure. I think he can probably tell us better than I can but I think we need to get the Commissions final approval on this preliminary design and then they can proceed with construction drawings and more accurate estimates. Carey Moul ton: Gee & Jenson, we have been in a stage of flux the last thirty/forty-five days to have it worked out. Mayor: I guess. Let's assume your going to get our permission, will we have this done by next summer? I mean it'll be built by next summer? Carey Moul ton: We're looking at about a two hundred probably a two hundred day construction schedule. Something like that. Mayor: Okay. So it's feasible to have it done by next summer if we keep things on target. Okay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mayor: We really want to get it done. How about telling us a timeframe of what your looking for from us in order to achieve the bidding and building in having this thing built hopefully by June 1st of 1995. Carey Moulton: We really need to have had it started yesterday. Mayor: Okay. So what do you need tonight to get you started yesterday? Carey Moulton: Just an okay to proceed with the basic design. Dr. Alperin: . . .with basic design. Mayor: Okay. ...--- N "- '/ ;> .................----.....-........... :" ,,\ -\ CD \ ':j-..::. N CJ' Ift~ V' "'N "'~ :¡¡ ItJ CD N CJ' ~ 1ft V'N ..Q~ 011 u.. ItJ :1 ...... u...._....._........... :1tJ . ~ C "' ""')CO W ~ C/) -.--....... .-.-. ::::> ItJ 0 N I co ..,.~ I V' r- k::: « Q ca ..,. oð ,.... .... ...J N 0 ~ 0 (1 0 N 0> ..,. cu a. '" c.. . I") ~ >~ 0 a::: z CD « a. --..... ...... --......... >- w a. ~ ..,. V' 0 - u a. 0 N ItJ :1:"<1" ItJ ItJ Q! !!!~ ~ ItJ ItJ Q! ~ Q! Q! ~ ~ z.... !€ ~ ~ ~ - ~ u..~ ... ~ ~"<I" "<I" ItJ ..,. ItJ a::Q! Q! ~ Q! ItJ ItJ ~ <t::: ~ ~ Q! ~ ~o t::! .... ~ ~ M en... ... ~ "E i « .... IJ) c c: ~ 02 CI ñí ïii U :a (1 ;:;- . CI CI ;;: c: Q) c: ~ Õ Q) CI Z .2 IV I '> ïii oð Õ c: m Q) Q) 2 D::: CI ~ °Ë « CI "" c: (¡j en= D::: U ñi E '6 c: < :!! c.. 0 c: t 1:1 0 ~c.. en U ü: c.. iD u M .......-..-...--- .... ....... ............. ~ (\ 10..... !»- u GlO e- C') CO ........ ..................................... (\ 0) - 10 Ø) -> (\ 0- z II) 0) (\ ..................................... (\ (\ ~~ tí o ex> W C/) - ::> uu_ .........__..__. __h....... ~ 0 (\ I 10..... I !»- I- GlO « (1)- CC C') oð -J ..... ......... ........... .......... .......... (\ 0 N 0 0 Q) (\ C) 10 '" a.. Ø) C- . C') ~ = - ~ c( co « a.. ° C') ...... ....... ..... ..... >- W C') (\ a.. ~ lOCO !»- 0 '3 a.. ""' o) (\ -................----..------........... II) (\ ex> 10- !» c_ =- ""' ~ ex> ............................... (\ N 10 !»~ - I'll :: ..... 0 C') .....n___...... ..................h__ C') (\ lOCO !»- ... C(O) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ti;v1 SUBJECT: AGENDA ITEM # C¡.F. - MEETING OF FEBRUARY 7. 1995 SERVICE AUTHORIZATION NO. 23/HAZEN AND SAWYER DATE: FEBRUARY 3, 1995 This is before the Commission to consider Service Authorization No. 23 to Hazen and Sawyer for professional consulting services in conjunction with the Intracoastal Waterway utility main crossings. The scope of the work is to include inspection, testing and reporting of the condition of five Intracoastal utility main crossings, including recommendations for replacement or rehabilitation as required. Work will include diving for visual inspection of each main, and use of ultrasonic testing equipment to determine pipe wall thickness. Funding in an amount not to exceed $30,600 is available from Water and Sewer - Renewal and Replacement - Other Professional Services (Account No. 442-5178-536-31.90) , pending budget transfer. Recommend approval of Service Authorization No. 23 to Hazen and Sawyer for professional consulting services in conjunction with the Intracoastal Waterway utility main crossings. ~ 6' -0 Aqenda It_ Bo. 9·Ç AGENDA REOUEST Date: 02/02/95 Request to Þe placed on: XX Reqular Aqenda special Aqenda Workshop Aqenda When: 02/07/95 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization #23 for Hazen and Sawyer in an amount not to exceed $30,600.00 for inspection, testing and reporting of condition of five (5) Intracoastal utility main crossings, including recommendations for replacement or rehabilitation as required. Work will include diving to perform visual inspection of each main and use of ultrasonic testing equipment to determine pipe wall thickness. Funding will be from R&R account #442-5178-536-61.36, Intracoastal crossing Replacement. 81. 'fO ORDINANCE/RESOLUTION REQUIRED: ,___/Im. DRAFT ATTACHED ,___/Im. Recommendation: Staff recommends approval of Service Authorization #23 to Hazen & Sawyer for inspection of Intracoastal Waterway utility main crossings. ¿J)¢ L...o.J¡) ~4<;- (þ¥ DEPARTMENT HEAD SIGNATURE: Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budqet Director Review (required on all items involvinq expenditure of funds): Fundinq available ~NO Fundinq al ternati v (it ~PP1~1~.'- _ S:::rv Account No. & "'Crif(1ion ~~ ~. _~ '~ Account Balance ~~ t20V ~ City Manaqer Review: Approved for aqenda: ti~YNO {¿if Hold Until: Aqenda Coordinator Review: Received: Placed on Aqenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden h) city Manager ¡Q (,~ A/~ FROM: Richard C. Hasko, P.E. \~ ~~ Deputy Director of Public utilities SUBJECT: INTRACOASTAL WATERWAY UTILITY MAIN CROSSINGS: PN 94-052 DATE: February 2, 1995 Attached is an agenda request and a copy of Service Authorization #23 for Hazen and Sawyer for professional consulting services in conjunction with the subject project. The scope of work for this contract includes the physical inspection and ultrasonic testing of five (5) utility main crossings of the Intracoastal Waterway which provide water and sewer to the barrier island. Based on results of testing and inspection, a technical report will be submitted outlining the condition of each of the pipe crossings and recommendations for replacement or rehabilitation as required. As you may recall, the Town of Gulfstream recently experienced a maj or break of a 12" Intracoastal water main crossing, the replacement of which is currently being engineered. Our objective is to determine the condition of our subaqueous mains and establish a program for replacing or rehabilitating them as required to avoid the crisis management and service interruption resulting from the failure of a critical utility line. The total fee for this service authorization shall not exceed $30,600.00, with funding from R&R account #442-5178-536-61.3ð, Intracoastal Crossing Replacement. 31.90 RCH: jem c: William H. Greenwood C. Danvers Beatty f: 94-052 (D) CITY OF DELRA Y BEACH CONSULTING SERVICE AUTHORIZATION DATE: February 2. 1995 SERVICE AUTHORIZATION NO. 23 FOR CONSUL TING SERVICES CITY P.O. NO. CITY EXPENSE CODE: PROJECT NO. (CITY) (HAZEN AND SAWYER, P.C.) TITLE: Examination and Evaluation of the Intracoastal Waterway Forcemain and Water Main Crossinas. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the contract dated as if written there in full. I. PROJECT DESCRIPTION This Service Authorization represents the survey and evaluation of Intracoastal Waterway forcemain and watermain crossings. The scope of this Service Authorization includes but is not limited to: preparation of an evaluation technical memorandum for the above mentioned project. II. SCOPE OF SERVICES A. Phase I - Examination CONSULTANT shall conduct examination of the five intracoastal crossings (three 12- inch diameter watermains, one 16-inch diameter water main, one 16-inch force main) which will include the wall thickness measurement, visual examination of the pipe exteriors, and television viewing of the lines across the Intracoastal Waterway. CONSULTANT shall provide a research vessel and qualified divers to perform the pipe thickness and visual examination work. CONSULTANT shall provide services of an airlift with compressor for use in exposing the pipes. The pipes will then be visually examined. The CONSULTANT shall provide an ultrasonic thickness gauge designed for use by a diver to determine the thickness of the crown of the pipes. CONSULTANT shall deliver the ultrasonic thickness gauge to CITY and shall train CITY staff in its use. B. Phase II - ReDort CONSULTANT shall compose a report which will detail the findings of the examination phase. Evaluations of the pipeline conditions as well as improvements recommendations will be given for each pipeline. PROSC201.BCA:02-02-95 Page 1 of 4 . C. Assumctions Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule or scope of work, CONSULTANT will advise CITY in writing of the magnitude of the required adjustments. Changes in completion of the schedule or compensation to the CONSULTANT will be as negotiated with the CITY. 1. CITY will provide to CONSULTANT record drawings of all existing facilities which shall service as the bases for examinations in this project. 2. Valves indicated on the record drawings are actually in place at the locations as shown and are in good operating conditions. 3. The watermains and forcemain are assumed to be covered by two feet of sediment. III DATA AND SERVICES TO BE PROVIDED BY THE CITY CITY shall provide CONSULTANT with the following Data and Services. 1. Record drawings showing location of crossings and all associated valves and appurtenances. 2. CITY will expose valves and/or cleanouts on both sides of Intracoastal Waterway and shall be responsible for correcting any valves if inoperable. 3. CITY will provide sufficient water to convey a line (television viewing) through the pipes and shall dispose of the water removed from the pipes. 4. CITY shall have staff available, should shut down of the pipelines or repair of a possible break in a pipeline be necessary. IV TIME OF PERFORMANCE The report shall be delivered to the CITY within 30 days of Notice to Proceed. PROSC201.BCA:02-02-95 Page 2 of 4 . ' IV COMPENSATION The compensation for services shall be billed on an hourly basis plus reimbursable expenses for each phase of the work up the following not to exceed cost for each phase. FEE PHASE I Examination $18,000. Provision of Ultrasonic thickness guage device including training of CITY staff 5,700. Reimbursable Expenses 2,000. PHASE II Evaluation Report 5,900. TOTAL $30,600. PROSC201.BCA02-02-9S Page 3 of 4 . . . Approved by: CITY OF DELRA Y BEACH HAZEN AND SAWYER, P.C. Date: Date: By: Thomas E. Lynch Gary W. Bors, P.E. Mayor Vice President Witness Attest: Approved as to Legal Witness Sufficiency and Form STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this _ day of _, 1994 by Gary W. Bors. Vice President (name of officer or agent, title of officer or agent, of Hazen and Sawyer. P.C. (name of corporation acknowledging), a New York (state or place of incorporation) corporation, on behalf of the corporation. He/She (is personally known to me) or has produced identification) , Florida Driver's License (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgement Lori A. Osborn Name of Acknowledger Typed, Printed or Stamped PROSC201.BCA:02-02-95 Page 4 of 4 ,. , . . ' M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ'ft1 SUBJECT: AGENDA ITEM i q.G;. - MEETING OF FEBRUARY 7. 1995 STEERING COMMITTEE FOR DELRAY BEACH CENTENNIAL DATE: FEBRUARY 3, 1995 This is before the Commission to consider the formation of a steering committee for the Delray Beach Centennial. At the January 17th regular meeting, it was the consensus of the Commission to establish a core group whose responsibility would be coordination of the numerous activities and events planned throughout the Centennial celebration. Attached is a list of proposed Steering Committee members, together with a list of Centennial subcommittees and key individuals who have volunteered to assist in the various year-long functions. Recommend consideration by the Commission. ~ 6-0 ú.Xl:J; ~ br~ ~ íìY7C5lLú¡ U;~ 'IiL w-m&uJ<5)L ~ ¢ ~I 6' OÔ - $ 3¡ roo ¿uH.ÌIJ ~ f-o-rn ~) ref:agmemo11 . . . DELRAY CENTENNIAL COMMITTEE Honorary Chairperson - Mayor Thomas Lynch STEERING COMMITTEE Carolyn Zimmerman - Chairperson Lisa Henderson - Delray Community Hospital - Fundraising 637 - /3¿;J/ Michael Weiner - Attorney - Budget d.6.5 - c166b Jerry Janeo - Chamber of Commerce - President 49~ -q~~O Marjorie Ferrer - Downtown Co-ordinator - Birthday Celebration - Publicity a79 - /3'8''-1 Spencer Pompey - Educator - Gladiolus Bowl ¡)76 - 4090 Sandra Almy - Beach Residents - 4th of July éì'7fJ -..s 36/ Barbara Smith - City Commission - Advisor õl7<¿f -334b Elizabeth Wesley - West Resident - Roots Festival él78" - /0/3 Nancy King - City Public Relations - Signage ¿;'-¡<f]-7oo9 Frances Bourque - Old School Square - State History ¿;7<¿J- .5/00 Janet Onnen - Misner Electric - Budget ól7'F) - ~ 3 ro do Dottie Patterson - Historical Society - All Historical Events é}?4- 967l? Sharon Koskoff - West Resident - Mural Artist - Centennial Mural d76- 99a5 Mike Wright - City Police Department - Director/Support Services ;;<1./ 3 -7'?oo . . . CENTENNIAL COMMITTES , Pioneer Dinner Ken Ellingsworth 278-1619 Churches Rev. Nancy Norman 276-5796 -995-0389 Realtors Alberta McCarthy 272-4200 et 114 Train Station Bob Cullen 278-7601 West Atlantic Ave Clay Wideman 276-4915 Library Pete Daniels 276-6462 et 15 Delray Affair Bonnie Brow 272-2484 Decade Dances Carolyn Cunningham 278-5286 Atlantic Ave Assn Joanne Gimmy 278-5626 Beach Businesses Meg Eaton 276-4921 Roots Festival Tommy Stevens 278-2099 Historical Tour Virginia Snyder 278-9565 Civic Organizations Vince Canning 276-6570 Garden Tour Pat Canning 276-6537 Souvenir Book S- (,{ AJ ß I./J I<- Sponsor Billie Linville 243-6700 Western Businesses John Morris III 835-6000 Barnett Bank Croquet Match Tom Flemming 279-9952 Easter Parade Blair Jones 265-2170-734-5447 Coloney Hotel Birthday-60th Jestena Boughton 276-0123 Community Chorus Maxine Clark 495-4818 · DELRAY CENTENNIAL COMMITTEE Honorary Chair - Mayor Tom Lynch Steering Committee Chair - Carolyn Zimmerman Lisa Henderson - 637-1321 - Delray Community Hospital Fundraising Michael Weiner - 265-2666 - Attorney - Budget Jerry Janero - 496-4440 - Chamber of Commerce, President Birthday Celabration Marjorie Ferrer- 279-1384 - Downtown Co-ordinator PubliGLty Spencer Pompey - 276-4090 - Educator-Gladiolus Bowl Sandra Almy - 278-5351 - Beach Residents - 4th of July Barbara Smith - 278-3346 - City Commission - Advisor Elizabeth Wesley 278-1013 - Roots Festival,West resident Nancy KincjJ - 278-7009 - City Public Relations Signage Frances Bourque- 278-5100 - Old School Square-History State Janet Onnen - 278-8362 - Misner Electric-Budget Dottie Patterson - 274-9578 - Historical Society All Historical Events Sharon Koskoff - 276-9925 Mural Artist-West Resident Centennial Mural J4~ ¿J~ ~ ::J-l{3-7 ?f èrð zY ~-'2~ .' ~ RECEIVED C );.'!~. lL/:¿/9S ¿,.a/ . CITY CLERK ZJ7lU/ , c.. -of..-l.J. :1/.; 2, - CENTENNIAL COMMITTEES Pioneer Dinner Ken Ellingsworth Churches Rev. Nancy Norman Realtors Alberta McCarthy Train Station Bob Cullen West Atlantic Avenue Clay Wideman Library Pete Daniels Delray Affair Bonnie Brow Decade Dances Carolyn Cunningham Atlantic Avenue Association Joanne Gimmy Beach Businesses Meg Eaton Roots Festival Tommy Stevens Historical Tour Virginia Snyder Civic Organizations Vince Canning Garden Tour Pat Canning Souvenir Book Sponsor-Sun Bank Billie Linville Western Businesses-Barnett Bank John Morris III Croquet Match Tom Flemming Easter Parade Blair Jones Colony Hotel (60th) Birthday Jestena Boughton Community Chorus Maxine Clark .. < ,. Dr. Alperin pointed out that he is a member of the special task force appointed by the Commission which has been meeting for the purpose of formulating recommendations for the use of this property. Mayor Lynch asked if the task force could possibly make its recommendation prior to February, 1995? Dr. Alperin stated that the task force has a meeting on February 2nd to review a preliminary plan by the School Board staff of what uses could be made of the property. There have been some recommendations to put up a field house, which would include a gymnasium and other indoor courts, with the possibility for after school use, and which would also provide more parking. Regarding the South County School Board program which the Commission had voted for, Mayor Lynch reported that both Boynton Beach and Boca Raton have indicated their support for it. Mayor Lynch asked if the other members of the Commis- sion had received a letter about road widening of Federal Highway from Linton Boulevard down to Glades Road? Apparently a study is underway now, so if the City has concerns or comments, they should be expressed now. ,,~ ,. 1t the upcoml.n any one group '8' taken the lead to coordinate the whole thing, other than Carolyn Zimmerman. He felt there should be a defined group responsible for overseeing it, including a representative from the City, the ¡. Joint Venture, and whoever else. He asked the City Manager to consider having Nancy King as the City liaison. Mrs. Smith stated she knows the Chamber of Commerce does not want to take on the lead agency role since it already has so much going on. She asked the City Manager if the City could take on the responsibility? The City 'Manager stated he felt Nancy King could certainly work with it; however, both he and the Assistant Ci ty Manager currently have very heavy work- loads. Discussion ensued, with the general consensus being that a core group be established by the City Commission to serve essentially as the coordinating committee for the Centennial. Suggested members were Marjorie Ferrer (Joint Venture) , Nancy King (City), Carolyn Zimmerman, a representative from the Chamber (Bill Wood was suggested, or his designee) , Commissioner Smith from the Commission, and Mrs. Spencer Pompey. Mayor Lynch asked that this issue (Special Committee for the Delray Beach CefÌtennial - 1995) be considered by the Commission at a regular meeting during the month of February, 1995. He suggested that if any Commissioner would like to add a -26- 1/17/95 , . . . name for consideration, to please forward it to Mary Dostal in the City Manager's office. With respect to the Farmers' Market concept brought up by Mrs. Smith at the last meeting, Mayor Lynch referred to a recent newspaper article, "South County Fertile Ground for Farm- ers' Market" , which went on to say, "... downtown Delray would be the prime location. Anyone who thinks that there is no room has never been to New Orleans. If trucks and merchants can make it through the narrow streets of the French Quarter, they can do it on Atlantic Avenue." He asked if the Commission would be inter- ested in looking at it further? It was the consensus of the Commission to refer the information to the City Manager for further review by staff. On the matter of consultants, Mayor Lynch asked if it would be appropriate for the City to send a letter to all of the consultants we use advising them of the City's expectations. He felt the ideal would be for a consultant to propose what they feel the City should do, and then give options for other things they feel the City might want to consider for a project, instead of coming back after the fact with change orders. The City Manager stated he would put together a letter to so advise our consultants. There being no further business, Mayor Lynch declared the meeting adjourned at 9:00 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Min- utes of the meeting of said City Commission of January 17, 1995, which Minutes were formally approved and adopted by the City Commission on . .. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, then this means they are not the official Minutes of the City Commission. They ..will become the official Minutes only after review and approval which may involve some amendments, additions or deletions to the Minutes as set forth above. -27- 1/17/95 DELRAY CENTENNIAL COMMITTEE Additional Honorary Chairpersons, per Carolyn Zimmerman STATE LEVEL Sandra Mortham, Secretary of State COUNTY LEVEL Mary McCarty, County Commissioner · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tM SUBJECT: AGENDA ITEM # 1.11· - MEETING OF FEBRUARY 7. 1995 AGREEMENT WITH FREDDA WEINBERG/DELRAY ONLINE DATE: FEBRUARY 3, 1995 This is before the Commission to consider an agreement with Fredda Weinberg for " Del ray Online". The proposal is for a pilot proj ect , to start on March 1 and end May 31, 1995 or sooner. Please note that the City Attorney's office recommends Ms. Weinberg be required to provide general liability insurance. Ms. Weinberg is objecting to this requirement. As an alternative, I am recommending that we become an informa- tion provider for the Southeast Florida Library Information Network known as SEFLIN Free-Net. This is an organization developing local community networks around the country. They anticipate extending their services into Palm Beach County in June or July, 1995. If Ms. Weinberg will provide liability insurance, or the Commission chooses to waive that requirement, then "Delray Online" could be set up to provide City information until SEFLIN Free-Net begins operation in Palm Beach County. YlldWn {¡; ~ I wi ~ ct ~ jJQiJMdl <3 tó ;;:; (í!'2a1¡6ì tI?~ <t- ~.~~) /~ Úl75 ~~ de- SéFZ/ /7 [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F lOR I D ^ ...... MEMORANDUM AII.America City , III J! DATE: January 18, 1994 1993 TO: David T. Harden, City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Agreement with F redda Weinberg, Delray Online Attached is a copy of a proposed agreement with Fredda Weinberg regarding a pilot project in which the City would provide a computer terminal as well as a space for the terminal in one of its buildings and Fredda would provide the host computer and the software required to operate Delray Online. The City would furnish to Fredda information on any meetings pertaining to the City, Boards, etc. as well as the News for Neighborhoods newsletter which she would then download onto Delray Online. Also included in the agreement is a provision which requires Fredda Weinberg to provide workers compensation insurance, if applicable, and general liability insurance in the amount of $300,000. Ms. Weinberg objects to the City requiring her to furnish insurance since she is not making any money on this project. However, it is the recommendation of this office that Ms. Weinberg be required to furnish general liability insurance. If this agreement is acceptable to you please place it on the City Commission Agenda for their consideration. Please call if you need anything further. RBS ~~ cc: Susan A. Ruby, City Attorney Joe Weldon, Director ParkslRecreation ® Printed on Recycled Paper AGREEMENT THIS AGREEMENT made this _ day of . 1995 by and between the CITY OF DELRA Y BEACH. FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "City") and FREDDA WEINBERG, an individual, (hereinafter referred to as "Weinberg"). WIT N E SSE T H: WHEREAS, City has detennined it will engage in a pilot project offering a calendar of City events and meetings and the News for Neighborhoods letter as an on-line service; and WHEREAS, City has determined that the pilot project will start on March 1, 1995 and end on May 31, 1995 or sooner if so detennined -by either party; and WHEREAS, Weinberg has presented to the City that she will provide the software and .. technical support for this pilot project; and WHEREAS, City has determined that it is in the public interest to enter into an agreement with Weinberg to provide a City schedule of events and the News for Neighborhoods letter for the Delray Online computer bulletin board. NOW, THEREFORE, it is mutually agreed as follows: 1. That the provisions set forth and the clauses set forth above and commonly referred to as "WHEREAS" clauses are hereby incorporated into the body of this agreement and shall have full forCe and effect herein. 2. The parties agree that Weinberg shall install, maintain and service the computer bulletin board referred to as "Delray Online" in a manner which complies with contemporary community standards. Weinberg, at her sole expense and cost, shall provide the software, host computer to run the software (the City shall provide the computer terminal that is to be used by the public), and technical support for Delray Online. 3. Weinberg shall provide onsite personnel for the computer tenninal that will be located in a city building. The on-line service shall be operational during normal City business hours. The onsite personnel will work the duration of the pilot project and will be onsite Monday thru Friday from 3:30 p.m. to 5:00 p.m. in order to assist City residents in the use of Delray Online. 4. Weinberg will not use the services of any other company to provide a host computer or software for this pilot project. 5. Weinberg or her agent or the City if it on its sole discretion desires to do so shall be the only person(s) or entity permitted to enter text or data onto Delray Online. However, the City shall not be liable for any mistakes or errors made by Weinberg or her agent in entering text onto Delray Online. 6. Weinberg shall install such software as to prevent another person from adding or changing the text once it has been entered into the host computer. All on-line services shall be "read" only. 7. It is understood between the parties that the relationship of City and Weinberg is that of an independent contractor. Weinberg shall have no authority to employ any person as an employee or agént on behalf of the City for any purpose. Neither Weinberg or any person engaging in any work relating to Weinberg's rights and obligations set forth herein at the request of or with the consent (whether actual or implied) of Weinberg shall be deemed an employee or agent of City, nor shall any such person represent hirnself/herself to others as an employee or agent of City. Should any person indicate to Weinberg or any employee or agent of Weinberg, by written or oral communication to Weinberg, that the person believes Weinberg or an employee or agent of Weinberg to be an employee or agent of City, Weinberg shall use her best efforts to correct or cause her employee or agent to correct that belief. 8. Weinberg, prior to commencement of this pilot program shall comply with any and all licensing requirements and receive all necessary permissions, approvals and licenses which are required for her to provide the software and technical support for this pilot project. 9. In the event of a patent and/or copyright infringement claim, Weinberg agrees to defend the City against any such claim pertaining to the licensed program and materials, and Weinberg will pay all resulting costs, damages, and attorneys' fees finally awarded. Weinberg's agreement to so defend the City hereunder and to pay such costs, damages and attorney's fees is contingent upon the City promptly notifying Weinberg of any such claim, and the City participating in the defense and/or settlement of such claim. If any such claim is made, or if Weinberg determines that such claim is likely to occur, Weinberg shall give written notice of same to the City and the City shall thereupon promptly return to Weinberg the licensed program and licensed materials, and all copies thereof, pending a disposition or settlement of such claim (which Weinberg agrees to diligently pursue); and the City's failure to comply with the foregoing shall terminate Weinberg's obligations under this Paragraph 9. Weinberg, at her sole expense, shall endeavor to procure the right of the City to continue using the licensed program and materials, or replace or modify the licensed program and materials in a form which is non-infringing. Weinberg shall have no obligation to defend the City or pay costs, damages or attorney's fees for any such claim based upon use of the licensed program and materials which has been enhanced, modified or changed in any manner by any party other than Weinberg, if such infringement could have been avoided by use of the licensed program and materials in its unaltered form. 10. Insurance: A. Weinberg, prior to commencement of this pilot program, shall provide proof that the employees she will use for this pilot program will be covered under applicable worker's compensation laws, if required by law, B. Weinberg shall provide appropriate liability insurance in an amount not less than $300,000 for all personal injuries, death or property damage, patent or copyright infringement, per occurrence, arising during the policy period. The City shall be named as an additional insured. C. Weinberg shall submit a Certificate of Insurance for approval by the City if Weinberg is required by law to obtain insurance. Said certificate shall state that the issuing company will provide thirty (30) days written notice to the City in the event such insurance is to be terminated. It. City shall provide a computer terminal, telephone hookup and a table or desk for the terminal in one of the City's buildings to be determined by the City. City shall also use its best efforts to furnish schedules of City events and activities and Newsletters to Weinberg either on computer diskette or provide a written copy of the events calendar or newsletter. All conversions shall be the responsibility of Weinberg. 12. City or Weinberg, may at any time during the term of this pilot project terminate the project without cause. Each party, where feasible, will endeavor to provide the other party notice of said termination in writing five business days prior to the termination. However, the City's failure to give such written notice shall not be considered a default. 13. Weinberg agrees to indemnify and hold harmless the City, its officers, employees, and agents fÌ"om and against all losses, costs, expenses, including attorney's fees, claims, suits and judgments, whatsoever, in connection with injury to or death of any person or persons or loss of or damage to property resulting fÌ"om any and all operations negligently performed by Weinberg. The City and its employees shall be responsible for their own negligence. 14. This agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this agreement. 15, This agreement constitutes the entire agreement between the City and Weinberg and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. · 16. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, government restriction (other than City), civil commotion, fire, unavoidable casualty or similar causes or any other causes beyond the control of City. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to form: City Attorney Fredda Weinberg The foregoing instrument was acknowledged before me this _ day of . 1994 by . individually. He is personally known to me or has produced as identification and did/did not take an oath. Signature of Notary Public- . . State of Florida Print, Type or Stamp Name of Notary Public txtl \fi-edda.rbs ) (t . t ) ~~~~S~~h~~~;~aN e t - . .....~~I '~..II*,~ '*,1..1-'" f..ll*,~,,' IfIA'" BnOWRnD. DRDE . PRLM BERCH SEFLIN Free-Net Opened June 1, 1994 MAIN MENU (Menu = main) Go Command 1. About SEFLIN Free-Net (Administration) (admin) 2. Around the network (INDEX) (index) 3. Arts & Entertainment (arts) 4. Business and Industrial Park (business) 5, Comm Central (Mailbox, Teleport, Newsstand) (cc) 6. Education Center (school) 7. Government Complex (govern) 8. Home and Garden Center (home) 9. Legal, Financial & Tax Building (legal) 10. Library Complex (library) 11. Medical and Health Center (health) 12. Religion & Philosophy Center (religion) 13. Science & Technology Center (science) 14. Social Services Complex (social) 15. Special Interest Groups (special) 16. Sports Arena and Recreation Center (sports) 17. Youth Center (teen) (g) go to menu (q) Quit Types "notes" for WHAT'S NEW! Your Choice: __________ ______.._ _______...________ ______________ __ - ________ _. _________.__n_...__ LIBRARY ACCESS - Use WiseGuide terminals at your Broward County Public libraries. , , DIAL ACCESS - Call 305 765-4332. Use your computer, phone line and a modem with any standard telecommunications software such as Kermit, Procomm, Smartcorn, Crosstalk. Calling 765-4332 is toll free in Broward County. OUlside Broward you will pay normal long distance phone charges. For more details refer to the back of this page. INTERNET ACCESS - If you have full Internet access, tel net to bcfreenet.setlin.lib.tlus AVAilABLE 24 HOURS A DAY Dial access to the SEFLIN Free-Net is offered in conjunction wIth the Broward County Library WlseGUlde Syslem. WiseGuide will generally be available 24 hours per day. SEFLlN FREE-NET ELECTRONIC BUILDING MANAGERS I The Free-Net Expansion Project is a cooperative effort. The SEFLIN staff will facilitate and administer the project. Representatives of member libraries and partners will be responsible for community contacts, presentations and assisting community groups who want to be information providers. These SEFLIN representatives have volunteered to manage different sections of the menu and the following broad topics of information. For further information contact one of the coordinators listed. PALM BEACH COUNTY COORDINATORS Business, Government, Home & Garden, Social Services, Youth Mary Baykan, Palm Beach County Public Library (Summit) V 407-233-2600 FAJ(:407-233-2627 e-mail: baykanm@mail.seflin.lib.fl.us Arts, Entertainment, Sports, Recreation Estaline Allison, Palm Beach Comm. College V 407-439-8114 FAX 407-439-8304 e-mail: allisone@mail.seflin.lib.fl.us Medical, Health, Science, Technology Helen Laurence, FAU (Boca Campus) V 407-367-3789 FAJ( 407-394-8829 e-mail: laurence@acc.fau.edu Religion, Philosophy Donnie Wendt, Lynn University V 407-994-0770 ext. 167 FAJ( 407-994-6642 e-mail: wendtd@mail.seflin.lib.fl.us Legal, Financial, Tax Jennifer Davison, Northwood University V 407-478-5536 FAJ( 407-697-3138 e-mail: davisonj @mail.seflin.lib.fl.us Education, K-12, College & University, Adult Education Gail C. Newstein, School Board of Palm Beach County V 407-434-8455 FAX 407-434-8647 e-mail: newsteg@fIrnvx.firn.edu Municipal Libraries, City Services Sally Bailey, Municipal Libraries Rep. V 407-659-8068 FAJ( 407-835-7020 e-mail: baileys@mail.seflin.lib.fl.us flt.ll. fMI.1t f.lM.1t f SEFLIN Free-Net Serving ttt Southeast Florida - BRUWARD DADE 1r-.....1ftí ~ PALM BERCH -". . flt.ll. fMI.1t f.lM.1t f ,/ SEFLIN FREE-NET BASICS WHAT IS SEFLlN FREE-NET? SEFLIN Free-Net is a computer network of community information. It is accessible to everyone in Southeast Florida free of charge. This state-of-the-art communications system is organized by SEFLIN, the Southeast Florida Library Information Network. SEFLIN, a non- profit organization of libraries, was founded in 1984 to efficiently serve the information needs of South Florida residents. Free-Net is another innovative development in SEFLIN's history of service to the community. WHAT DOES FREE-NET OFFER THE COMMUNITY? This network of information is built by the community itself. Government agencies, schools, civic groups, businesses or other organizations have the opportunity to provide and maintain files of information readily available to the public. The SEFLIN Free-Net also offers an easy means of online question-and-answer dialogue so users can receive specific information on a particular subject. Free-Net links South Florida with a national network of information. WHO CAN USE FREE-NET? Anyone with a computer and a modem is able to use the system. If you do not have access to a computer, you can use terminals in area libraries of all types; public, community college and university. The purpose of this computer network is to make information readily avail- able to everyone. HOW MUCH DOES IT COST? SEFLIN Free-Net is available to residents of Southeast Florida without charge. The project costs were in excess of $100,000 to launch. It was financed initially by state and federal grant funds. Now, sponsors and individual donations are being sought to maintain Free- Net as an on-going service to the public. WHEN WILL SEFLlN FREE-NET BE AVAILABLE? Free-Net was initially offered as a pilot program in Broward County in the Spring of 1994. There are toll-free phone lines to allow residents in Broward..to access the system 24 hours a day without charge. Now Free-Net is expanding to Dade and Palm. Beach counties. HOW IS FREE-NET DIFFERENT FROM COMMERCIAL ONLINE SERVICES? Unlike commercial online services, this information system will specialize in local community-based information. SEFLIN Free-Net is free to users in its immediate service area thus making it more accessibl~ SEFLIN Free-Net is built by the community for the community. . ~~~~~~~~~~~~~~~~~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ [ - - - - - - - - - - - - - - - - - - - INFORMATION BENEFITS ENTIRE COMMUNITY BENEFITS TO GENERAL PUBLIC · Free-Net offers an extensive main menu of community information to users. · Consumer information and assistance are available in areas including medicine,law, taxes and finance. · Club calendars, cultural events and volunteer needs are just some of the quality-of-life information available. · Direct access is offered to social service agencies. · Free-Net opens doors to isolated members of the community. The elderly, disabled and homebound are some of the heaviest users of current Free-Nets. · Free-Net provides electronic mail (e-mail) services to allow more effective communication between users. BENEFITS TO GOVERNMENT · Free-Net provides the community with a convenient way of asking questions, conducting governmental business and offering opinions on government proposals. · Job opportunities, minutes of commission meetings and community bulletin boards of scheduled activities are possible offerings on Free-Net. BENEFITS TO SCHOOLS · Access to such a wide range of information motivates students. · Teachers might post homework lists for students and their parents to access from their libraries or home computers. · A Free-Net provides the common ground needed to help the community take a more active role in education. BENEFITS FOR ECONOMIC DEVELOPMENT · A community with a viable Free-Net takes a big leap into the information age by making information truly accessible to all and providing a means for effective communication. · Free-Net is a sign that a community can work together and has the vision to invest in its future. . [~mJlm~fmrmrmmm-mm .. .. .. .. .. "_,_______.___H__ ttttttttttttttttttttttttttttttt COOPERATION NEEDED TO LAUNCH FREE-NET The success of SEFLIN Free-Net is dependent upon the cooperation of the community. Planning a Free-Net to serve over four million residents in South Florida requires the resources, commitment and tireless efforts of many people. The role of SEFLIN (Southeast Florida Ubrary Information Network) is to coordinate the efforts of . the many individuals and groups involved in this undertaking. SEFLIN staff and Board members envision a Library Without Walls to provide South Florida with ever expanding information services. The SEFLIN Free-Net offers the opportunity for local community groups to make their information more accessible to more people. This local information also becomes part of the global information resource - the superhighway. The SEFLIN Free-Net can help organizations put their information online in a cost effective manner. Existing systems can be linked to Free-Net and added to the menu which provides simple, comprehensive access for the user. With a PC, modem and communications software, community groups can become volunteer information providers on the SEFLIN Free-Net. As the SEFLIN Free-Net expands to Dade and Palm Beach counties, libraries throughout the region have appointed electronic building managers to make presentations and work with information providers. When the SEFLIN Free-Net project began as a pilot in Broward County (1993-94), a regional, community Advisory Committee with six subcommittees was created by the SEFLIN Board of Directors. The Advisory Committee provided valuable ideas and assistance to the SEFLIN Board and staff. Now advisory groups for Dade, Broward and Palm Beach will be formed. In addition SEFLIN has begun to recruit volunteers for office tasks, telephone support and training classes. SEFLIN Free-Net is a unique community resource built by the community for the community. ," .. VOLUNTEERS ...... VOLUNTEERS ...... VOLUNTEERS Volunteers are needed to create a successful Free-Net. Individuals or representatives of organizations who want to find out how fò become part of SEFLIN Free-Net should complete an Interest Form and send it to the SEFLIN Office. . ?~..... ?1IIlIII..~ ~"'IIIlIII.~? ELECTRONIC INFORMATION IS THE FUTURE Community computers represent the leading edge of a new age of communications. Telecomputing is not radio, not television, not print. However, it has the characteristics of all three, plus technological advancements of its own. Because of these unique characteristics, there will undoubtedly be new developments and uses that are not yet even imagined. SEFLIN Free-Net is our community's key to participating in and taking advantage of exciting new information horizons. Keep in mind, one-hundred years ago there were no free public libraries. Now, only a century later we have made a quantum leap to free, public-access, computerized information systems. It's certain that a community computer network, as a resource, will have at least as much impact on the next century as the public library had on the past. SEFLIN's libraries of all types are ready to lead the way for community computing and to prepare for the future. The need for Free-Net has arrived. More and more people have modem-equipped computers at home and in the workplace. Community computers have become more readily available in libraries so access is widespread. Users are given the ability to access a vast electronic library of information at any time. The first Free-Net was founded in 1984 in Cleveland, Ohio by Dr. Thomas Grundner, founder of NPTN, the National Public Telecomputing Network. The NPTN is a not-for- profit organization devoted to developing community networks like Free-Net. The success of the Cleveland Free-Net was the catalyst for the birth of many other local information systems around the country. There are over twenty Free-Net affiliates and over ninety organizing committees in forty-two states. In Florida, the concept has grown from Tallahassee Free-Net (1992-93) and SEFLIN Free-Net (1993-94) to organizing committees in seven areas of the state. SEFLIN is an affiliate of NPTN. SEFLlN Free-Net EXPANSION SCHEDULE . Create County Advisory Committees September - November, 1994 Recruit Information Providers September, 1994 - February, 1995 . Order and Install Equipment October - December, 1994 Load Data, Create Menus and Test February - April, 1995 Open Service to Dade and Palm Beach June - July, 1995 Electronic Ribbon Cutting Ceremonies October, 1995 -,-, Full Member Libraries Barry University Miami-Dade Community College Broward Community College Miami-Dade Public Library System Broward County Library System Nova Southeastern University & Law School Florida Atlantic University Palm Beach Community College Florida International University Palm Beach County Library Lynn University St. Thomas University & Law School University of Miami Associate Member Libraries Art Institute of Fort Lauderdale Northwood University Encore Computer Corporation Palm Beach Atlantic College Martin County Public Library Palm Beach County School Board Professional Library Staff Elizabeth Curry, Executive Director Craig Stillings, Associate Director Linda Mack, Member Services Manager Paula Manrique, Office Manager Bill Mooney, Network Services Manager Lucia LaPardo, Office Assistant Bryan Haddix, Field Technician Phone: (305) 357-7318 Fax: (305) 357-6998 E-mail: infodesk@bcfreenet.seflin.lib.fl.us This publication was funded in part with state money under the provisions of the Florida Library Cooperatives Grant Program. administered by the State Library of Florida. ~ 'SEFLIN 100 South Andrews A venue Fort Lauderdale, FL 33301 . ~ Address Correction Requested . Dk .. cl~ 1 [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F LOR I D A ~ AII·America City MEMORANDUM 'IIIJ! DATE January 27, 1995 1993 TO: David T. Harden, City Manager ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Revision to page 3 of proposed agreement between the City and Fredda Weinberg Attached please find a revised paragraph 9 per our telephone discussion. Please call if need anything further. cc: Joseph Weldon, Director of Parks and Recreation Zl) (j¿~ y~-- , .- ... -.j,j . í~"\ J I . v"--rl........."-. v- I - \' 1 . ,"¿/Á/v,k . Vi> t~ . '-.'··L ¡ I. ~(t 4- (1 " .~ , ® Printed on Recycled Paper - . 9. In the event of a patent and/or copyright infTingement claim, Weinberg agrees to defend the City against any such claim pertaining to the licensed program and materials, and Weinberg will pay all resulting costs, damages, and attorneys' fees finally awarded. Weinberg's agreement to so defend the City hereunder and to pay such costs, damages and attorney's fees is contingent upon the City promptly notifying Weinberg of any such claim, and the City participating in the defense and/or settlement of such claim. If any such claim is made, or if Weinberg determines that such claim is likely to occur, Weinberg shall give written notice of same to the City and the City shall thereupon promptly return to Weinberg the licensed program and licensed materials, and all copies thereof, pending a disposition or settlement of such claim (which Weinberg agrees to diligently pursue); and the City's failure to comply with the foregoing shall terminate Weinberg's obligations under this Paragraph 9. Weinberg, at her sole expense, shall endeavor to procure the right of the City to continue using ~ the licensed program and materials, or replace or modify the licensed program and materials in a form which is non-infringing. Weinberg shalt..g~;::ho obligation to defend the City or pay 0 '. 'd· costs, damages or attorney's fees for any such claim based upon use of the licensed program t1ó AßÞ and materials which has been enhanced, modified or changed in any manner by any party other than Weinberg, if such infiingement could have been avoided by use of the licensed program and materials in its unaltered form. 10, Insurance: A Weinberg, prior to commencement of this pilot program, shall provide proof that the employees she will use for this pilot program will be covered under applicable worker's compensation laws, if required by law. B. Weinberg shall provide appropriate liability insurance in an amount not less than $300,000 for all personal injuries, death or property damage, patent or copyright infringement, per occurrence, arising during the policy period. The City shall be named as an additional insured. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERé1~1 SUBJECT: AGENDA ITEM # q ::r. . - MEETING OF FEBRUARY 7. 1995 HEALTH INSURANCE CONTRACT EXTENSION DATE: FEBRUARY 3, 1995 This is before the Commission to consider approval of a third- year contract extension with Acordia of South Florida for employee and dependent health insurance coverage. In February of 1994, the Commission awarded a two-year bid contract for health insurance to Acordia of South Florida. Effective February 1, 1995, the City will be entering into the second year of this contract which was not to exceed a 12 percent increase over the first year of the contract. The actual rate increase would be 11 percent. A comparison of the first year and second year rates on this contract is presented in the attached material, as well as a history of rates from 1990 to the present. The contractor has offered the City a third-year extension not-to-exceed maximum rate increase cap of 13 percent, thus the actual rate increase would be 13 percent or less for the period February 1, 1996 to January 31, 1997, predicated upon our claims activity for this period of time. For budget purposes this would mean that we could implement a 10 percent rate increase October 1, 1995 and the revenues would be sufficient to offset a 13 percent increase in the contract fees effective February 1, 1996. Recommend approval of the contractual third-year extension at this time, and to proceed with the projected 10 percent increase effective October 1, 1995, unless information is received from the carrier that would further reduce these rates. ~ 6-0 'IYlcu¡0ì~ ~ tdff6 aiuu£ ']L ~~~ ?~ aw ú.X...- (J(vn ~ 1m- cpt Q !au:b ~ Agenda Item No.: g.y. AGENDA REQUEST Date: 01-31-95 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 02-07-95 Description of agenda item (who, what, where, how much): Approval of third year extension of Health Insurance Contract for the period February 1, 1996 to January 31. 1997. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval of extension is recommended by Director of Finance and Risk Management Officer. Department Head Signature: Determination of Consistency wi nla City Attorney Review/ Recommendation (if applicable) : none required 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: (!þi; NO ttM Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM To, David T. Har~~ Manager From: Joseph M. Saf 'nance Director Date: January 31, 1995 Subject: Renewal of Health Insurance Contracts Commission Agenda- February 7, 1995 On February 1, 1994, the Ci ty of Delray Beach awarded a two- year bid contract for health insurance to Acordia of South Florida. Effective February 1, 1995, the City will be entering into the second year of this contract which was not to exceed a 12% increase compared to the first year of the contract. The actual rate increase would be 11%. A comparison of the first year and second year rates is presented as follows: CURRENT RATES VS. SECOND YEAR RATES First Year Second Year Second Year Actual Contract Proposed Rate category Rates Recommendation Rates Employee Rates $185.11 $185.87 $185.11 Dependent Rates $250.50 $254.56 $250.50 As you can see, we would recommend that the City of Delray Beach maintain the same rates in the second year as they had in the first year of the contract. A review of our rates since 1990 is as follows: MONTHLY HEALTH INSURANCE RATES 1990 - PRESENT Year Employee Rate Dependent Rate October 90 $159.59 $214.43 Oct ob er 9 1 $172 . 83 $ 247 . 50 October 92 $185.11 $260.50 October 93 $185.11 $260.50 February 94 $185.11 $250.50 October 94 $185.11 $250.50 Proposed Year 2 February 95 $185.11 $250.50 Percent Increase 16.00% 16.83% 1990 to Present . . Page 2 The contractor has offered the City a third year extension for a not-to-exceed maximum rate increase cap of 13%, thus the actual rate increase would be 13% or less for the period February 1, 1996 to January 31, 1997 predicated upon our claims activity for this period of time. For budget purposes, this would mean that we could implement a 10% rate increase October 1, 1995 and the revenues would be sufficient to offset a 13% increase in the contract fees effective February 1, 1996. We would request that this contractual third year extension be forwarded to the City Commission for approval at this time. We will then proceed with the projected 10% increase in our rates effective October 1, 1995 unless we receive information from the carrier that would further reduce these rates. cc: Lee Graham, Risk Manager · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ttþ{/1 SUBJECT: AGENDA ITEM i 9· X - MEETING OF FEBRUARY 7. 1995 INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY DATE: FEBRUARY 3, 1995 This is an Interlocal Agreement between the City and the Community Redevelopment Agency for their contribution to the Tennis Center. In conjunction with its approval, we are asking the Commission to approve in concept the City's acquisition of the Monterey House. The house and its parking have been appraised at $260,000. We are proposing to give a credit to the CRA against their debt service on the tennis stadium. Based on the attached payment schedule, the CRA would not actually pay any debt service until December 1, 1999. The December 1st payment would be $12,486.96. All subsequent payments would be the amount shown on the schedule. At the same time, we are negotiating with the Palm Beach County Historic Preservation Board to lease the Monterey House. A copy of the draft lease is included for your information. ~~. W / {!.¿q ÅJ.... ~ r!.vlr..ivJ ~ ~5-o ~ ¥ Wl~ /!~ ~ f../XJ C~ L ""c./wbY79 4; ó(~OI OCO ¡O~.9SE. ¡;£-t'C! E-- Ú¡ì7' (l~4 -h (]¡:I:; tJf~ ~~ /&'171$ t26o-k,e 5-0 ;0*-1 meq;L~) It/so) d/\5(2USSlðl) /èE9~/n9 r:ieA.ßI- /&:;S£ wi f!¡:s/ð,e/C PA--Irn BERCh t!ou/)~ CI- ct'~()n 10 Qon77nuE tù/ /)8¡o4~'óx..tLJ ref:agmemo22 Agenda Item No.: AGENDA REQUEST Date: February 1, 1995 Request to be placed on: , x Regular Agenda Special Agenda Workshop Agenda When: February 7, 1995 Description of agenda item (who, what, where, how much): Tnrprln~~l Agrp.p.ment Between the City and the CRA~ The CRA agrees to pay ap?t'.-.y imilt!'> 1 y $L.Q, ')nn ppr ye;:¡r for ;:¡ peri od of apvroximatel y 14 years to fund ~£h:lrQ gf t:h~ cost of ,...nnc:rrl1~rínn nf rnp Tp.nn;!'; Center. ORDINANCE/ RESOLUTION REQUIRED: Y~S/NO Draft Attached: YES/NO Recommendation: Approve the above. Department Head Signature: Determination of Consistency ~ -. ) ~ City Attorney Reviewj Recommendation (if applicable): A '. 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 Rev iew: .-. Approved for agenda: ðJ NO v7/~Î Hold Until: C Agenda Coordinator Review: Received: Action: Approved/Disapproved · , MEMORANDUM To: David T. Harden, City Manager From: Joseph M. Safford, Director of Finance Subject: Agreement Between the City of Delray Beach and the Community Redevelopment Agency Regarding the Tennis Center Date: February 1, 1995 The above referenced agreement allows for the funding of the construction of the Tennis Center, in part, by the Community Redevelopment Agency. The Agency agrees to pay the City approximately $49,500 per year based on a principal amount of $481,000, a rate of 5.72%, and a term approximately 14 years. The CRA payment is consistent with the terms of the 1994 Utility Tax Bond Issue which provided funding for the City's portion of the Tennis Center. We recommend the approval of this agreement. " ~ . INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COJO(UHITY REDEVELOPMENT AGENCY FOR THE . PAYMENT OF KONIES _ BY THE DELRAY BEACH COHMUHITY REDEVELOPMENT AGERCY IN COHHEC'rION WITH THE CONSTRUCTION OF THE CITY OF DELRAY BEACH MUNICIPAL TERRIS CENTER. THIS INTERLOCAL AGREEMENT, entered into this day of _ , 1994 (hereinafter referred to as the II Agreement" ), by and between the CITY OF DELRAY BEACH, FLORIDA, and its successors and assigns, hereinafter referred to as "City" , a municipal corporation existing under the laws of the State of Florida, and the DELRAY BEACH COJO(UHITY REDEVELOPMENT AGENCY, and its successors and assigns, hereinafter referred to as the "Agency", a community redevelopment agency established pursuant to Section 163, Part II, of the Florida Statutes. WIT N E SSE T H: WHEREAS, the City recently renovated the Delray Beach Municipal Tennis Center which is located within the Community Redevelopment Area; and WHEREAS, in consideration for the City's decision to renovate the Municipal Tennis Center, and to allow it to remain in the Community Redevelopment Area, the Agency desires to contribute monies to assist the City in paying off its debt; and WHEREAS, the City and the Agency agree that the contribution by the Agency to assist in the payment of the costs associated with .. renovating the Municipal Tennis Center is in the best interest of both the City and the Agency and is necessary to the continuation of a Municipal Tennis Center within the Community Redevelopment 1 , Area; and WHEREAS , in connection with the City's capital improvement program, the Agency has agreed to fund a portion of the costs of the renovation of the Municipal Tennis Center. NOW, THEREFORE, pursuant to the respective powers granted to the City and the Agency under Section 163.01, Florida Statutes, and other applicable provisions of law, and in consideration of the sum of One Dollar ($1.00) paid by each party to the other, the receipt of which is hereby acknowledged, the mutual covenants and agreements herein contained and other good and valuable consideration, the City and the Agency agree as follows: Section 1. Representations of the Aaency. The Agency is an agency established pursuant to the Florida Statutes with full power and legal right to enter in to this Agreement and perform its obligations hereunder. The Agency's actions in making and performing this Agreement have been duly authorized by all necessary official action and will not violate or conflict with any applicable provision of the Constitution, or laws of the State of Florida or with any ordinance, government rule or regulations, or with any agreement, instrument or other document by which the Agency or its funds or properties are bound. Section 2. Representation of the City. The City represents that it is a municipal corporation existing under the ~ laws of the State of Florida, and with full power and authority to enter into this Agreement. Section 3: Payment. The Agency agrees to pay to the 2 · . City the principal sum of Four Hundred Eighty-One Thousand Dollars ($481,000.00) amortized at the same interest rate and upon the same terms as that certain anticipated 1994 Revenue Bond Issue to be issued by the City of Delray Beach pursuant to the amortization schedule appurtenant thereto. Interest and principal payments shall be made in the same manner as the said Bond Issue. Said payments shall continue for the term of the Bond issue and at such Initial Bond Interest Rate notwithstanding the fact that the City may, in the future, refund and refinance said Bond Issue. In addition, the Agency agrees to pay to the City on September 30, 1994, a sum of monies equal to $23,857.60 representing one year (1) of interest, based upon a rate of 4.96%, and a principal of $481,000.00. In the event that the Bond issue is sold prior to September 30, 1994, the interest that is due shall be that which has actually accrued pursuant to the Bond issue on principal of $481,000.00 from the commencement date, October 1, 1993. In the event the bond issue is sold after September 30, 1994, and before September 30, 1995, the Agency shall pay interest at the same rate pursuant to the Bond Issue from the commencement date of October 1, 1994. In the event that the Bond issue is not sold by September 30, 1995, the Agency shall commence paying both principal and interest ~ on the $481,000.00 debt at a rate of 5.0% percent per annum based upon an amortization period of 20 years. Section 4. Payment of Fees and Expenses. If the 3 , . . Agency shall default under any of the provisions of this Agreement and the City shall employ attorneys or incur other expenses for the collection of the payments or for the enforcement of performance or observance of any obligation or agreement on the party of the Agency contained in this Agreement, the Agency will on demand therefor pay the reasonable fees and expenses of the City and its attorneys (collectively referred to as "Additional Obligations"). Section 5. Recordation. Prior to the effectiveness thereof and pursuant to the requirements of Section 163.01(11) of the Florida Statutes, this Agreement shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. Section 6. Effect of Waiver. In the event any agreement contained in this Agreement shall be breached and such breach shall thereafter be waived, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder . Section 7. Multiple Counterparts. This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. Section 8. Severability of Invalid Provisions. If any clause, provision or section of this A9reement be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any of the remaining clauses, provisions or sections hereof, and this Agreement shall be 4 ~ . . . . . . . construed and enforced as if such illegal or invalid clause, . provision or section had not been contained herein. Section 9. Reoealina Clause. All resolutions and agreements of the City and the Agency in conflict or inconsistent herewith are hereby repealed insofar as any conflict or any inconsistency exists. WHEREFORE, the parties hereto have set their hands and seals on' the date set forth next to their signatures. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Date: Approved as to form and Legal Sufficiency: City Attorney ATTEST: )). ~ By: '1.L1<..L .. .. 5 CITY OF DEL RAY BEACH CRA LOAN AGREEMENT FILE: CRA94C4 ------------.---------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- Period Date Interest Princ.ipal Payment Outstanding 5 .12~ Annual Balance 481,000 pay.ent 13 .58 ----------------------------------------------------------------------------------------- 481,000.00 I 06/01/95 18,571.41 31,000.00 49,571.41 450,000.00 49,571.41 2 12/01/95 12,870.00 11.898.39 24,768.39 438,101.61 3 06/01/96 12,529.71 12,238.69 24,168.39 425,862.92 49,536.79 4 12/01/96 12,179.68 12,588.71 24,768.39 413,274.21 5 06/01/97 11,819.64 12,948.75 24,768.39 400,325.46 49,536.79 6 12/01/97 11,449.31 13,319.09 24,768.39 387,006.37 1 06/01/98 11,068.38 13,100.01 24,768.39 373,306.36 49,536.79 8 12/01/98 10,676.56 14,091.83 24,168.39 359,214.53. 9 06/01/99 10,273.54 14,494.86 24,768.39 344,719.61 49,536,79 10 12/01/99 9,858.98 14,909.41 24,768.39 329,810.26 II 06/01/00 9,432.57 15,335.82 24,768.39 314,474 .44 49,536.·79 12 12/01/00 8,993.91 15,774.42 24,768.39 298,700.02 13 06/01/01 8,542.82 16,225.57 24,768.39 282,474.44 49,536.79 14 12/01/01 8,078.77 16,689.62 24,768.39 265,784.82 15 06/01/02 7,601.45 17,166.95 24,768.39 248,617.87 49,536.79 16 12/01/02 7,110.47 17,657.92 24,768.39 230,959.95 17 06/01/03 6,605.45 18,162.94 24,768.39 212,797.01 49,536.79 18 12/01/03 6,085.99 18,682.40 24,168.39 194,114.61 19 06/01/04 5,551.68 19,216.72 24,768.39 174,897.90 49,536.79 20 12/01/04 5,002.08 19,766.31 24,768.)9 155,131.59 21 06/01/05 4,436.76 20,331.63 24,768.39 134,799.96 49,536.79 22 12/01/05 3,855.28 20,913.11 24,768.39 113,886.84 23 06/01/06 3,257.16 21,511.23 24,768.39 92,375.61 49,536.79 24 12/01/06 2,641.94 22,126.45 24,768.39 70,249.16 25 06/01/07 2,009.13 22,759.27 24,768.39 47,489.90 49,536.79 26 12/01/07 1,358.21 23,410.18 24,768.39 24,079.71 27 06/01/08 688.68 24.,079.71 24,768.39 0.00 49,536.79 -----------------.--------------------- ------------ 212,549.63 481,000.00 693,549.63 693, S49 .63 --------------------------------------- ------------ --------------------------------------- -----.------ .. 02/~.3/95 FRI 16:58 FAX 407 278 4755 DEL BCH CTY ATTY ..H-+ PVRCHASING ~OO2 LEASE THIS LEASE is made and entered into this _ day of , 1995, by and between CITY OF DELRA Y BEACH, a Florida municipal corporation, hereinafter referred to as "Lessor," and mSTORIC PALM BEACH COUNTY PRESERVATION BOARD, hereinafter referred to as "Lessee." 1. D~mi~e and Description. Lessor hereby leases to Lessee, and Lessee hereby leases from. Lessor, that certain property, hereinafter referred to as the "premises," situate in Delray Beach, Palm Beach County, Florida, described as follows: (Attached hereto as Exhibit "A") together with the following described furniture, fixtures, equipment, and other property located in and about the premises, if any: all air conditioning equipment, water heaters, well pumps, and anothèr other mechanical fixtures located on the demised premises; and together with the non exclusive right of and to all easements, rights, privileges and appurtenances thereunto belonging or in any way appertaining or in any matter connected therewith and relating to the use of the premises. 2. Commencement and Teon. The tenn of this Lease shall be for a period of twenty (20) years commencing (said date being sometimes hereinafter referred to as the "commencement date" and said .II1onth and day being sometimes hereinafter referred to as the Lease "anmversary date"), unless sooner terminated pursuant to the terms herein. Upon the expiration of the ínitial tenn, this Lease may be renewed upon the express written consent of the Lessor..for successive periods of five (5) years. FRI 16:~9 FAX 407 278 4755 DEL BCH CTY ATTY -H~ PCRCHAS IKG I4J OO~, 02/03/9~ 3. Use of Premhi~s. It is represented by Lessee fuat the demised prenùses will be used for the following purpose(s): office, meetings, and other public events which carry out the Lessee's business. Lessee shall be limited to this use in the absence of Lessor's prior written consent to another use, which may be arbitrarily withheld. 4. Rent ~Jld Maint@nanee. The fixed annual minimum rent payable by Tenant during the term of this Lease shall be One Dollar ($1.00). Lessee shall also pay a monthly fee in the amount of $ to Lessor to cover the cost of repair and maintenance of the stnlcture located on the described property. S. Utilities. The Lessee shall pay all charges for telephone, power, water, sewer, gas and any other utilities used in cormection with the Property . 6. :taxes . The Lessee shall pay any advalorem taxes imposed upon the Property and improvements located thereon during the term of this Lease. The Lessee shall pay any taxes for personal property or improvements owned by the Lessee. 7. Insura.nce. The Lessee shall pay all premiums and shall maintain and provide , insurance for the entire lease term and renewals thereto, in such amounts and under such terms as may be required by Lessor. The Lessor shall review and modify the terms and requirements of such insurance, if necessary, OD a yearly basis. The minimum insurance amounts and terms shall be $1,000,000 General Liability Policy with the Lessor named as an .. additional insured. 8. Alteratinns· and ImprovemelÚ&. The Lessee shall be entitled to make such alterations, changes and improvements to the Property as the Lessee in its discretion deems ... desirable to carry out its plan for the restoration and development of the Property, and which 2 FRI 17:00 F.~ 407 278 4755 DEL BCH CTY ATTY ..H.... PURCHASING ~004, 02/03/9~ are consistent with architectural plans and designs as approved by the Lessor (in order to keep the interior and exterior of the property in keeping with its historical purposes) and with the laws and ordinances of the State of Florida and the City of Delray Beach. 9. Assignment and Subleasi~g. (a) The Lessee may not sublease all or any portion of the Property, to any person, firm, corporation, or other entity, without the prior written approval of the Lessor, which approval shall not be unreasonably withheld, and any such sublease or other arrangement shall be in writing and expressly be sùbject to all the terms and conditions of this Agreement and shan conform to all applicable laws, ordinances and regulations. (~) Subparagraph (a) shall not apply to special events or special property uses contemplated in the management agreement or budget, or brief uses of the Property by the public. (c) The Lessee shall not ~ssign any of its rights or obligations under this Lease without the prior written consent of the Lessor. 10. To Keep in Repair and in Good ConditiQp. The Lessee will keep the leased premises, including but not limited to the heating and air-conditioning equipment and excluding the exterior walls, parking lot, exterior landscaping and irrigation, roof and other structural. members of the building in such or better repair as the same are at the . commencement of this lease term or at the renewal hereof, reasonable wear and tear and damage by fire or other unavoidable casualty excepted. It is explicitly agreed that the duty of the lessee shall include furnishing all necessary janitorial and cleaning services, pest control ,. 3 02103/95 FRI 17:00 FAX 407 278 4755 DEL BCH CTY ATTY 444 PURCHASING !4J OO~, , service, care and maintenance of the structures located on the Property and any interior renovation or redecoration not involving major structural changes. 11. Rules and Regulations. Lessee agrees to comply with the maintenance responsibilties and rules and regulations and pay all fees as contained in the association documents which are attached hereto and incorporated herein by reference as Exhibit "B". 12. Equipment and Fixtures. All equipment, furniture, supplies and personal . property that are not flXtures installed in the Property by the Lessee shall at all times remain the property of the Lessee which· shall have the right to remove the same from the Property at any time during the leon hereof. 13. Ftre or Other I Tnavoidable Casual(y. In case the premises or any part thereof shall at any time during their tenn of this Lease be destroyed or damaged by fIre, act of God Or other causes beyond the control of the Lessor, and through no fault or neglect on the part of the Lessor. then the Lessor shall be under no obligation to repair or re-erect the leased structure. If the condition of the leased premises should be so rendered unsuitable by the foregoing causes, either party to this Lease Agreement shall have the option to cancel this Lease. 14. Qniet Eqjoyment. The Lessee shall peaceably hold and enjoy the leased premises. A 15. Default and Right of Rp.entry. In the event that the Lessee shall fail to perform any act required of it under this Lease or to otherwise comply with any term or provision hereof and such failure sþal1 continue fOt: thirty (30) days or more after written notice given to the Lessee by the Lessor, then the Lessor may terminate this Lease Agreement 4 02/03/95 FRI 17:01 FAX 4U7 ~7~ 41~~ V~~ D~n ~~I fi~~I ~...,...,. .& 1L.',I:\.v.......~>,J.&..;.,..... -.oJ ~ ~- ånd the Lessee shall promptly surrender possession and vacate the premises, and the Lessor may, immediately or at any time thereafter, eüter into the premises and repossess the same as of its former estate and expel the Lessee, but without prejudice to any remedies which might otherwise be used by the Lessor for arrears of rent or any other breach of the Lessee's covenants or the waiver of any rights of the Lessor 16. CanceUatioD. The Lessor and the Lessee do hereby reserve the right to mutually tenninate this Lease at any time in the future (either during the inidal tenn or any renewal), upon sixty (60) days written notice to the other party at the address set forth in this Lease Agreement; provided, however, that in the event of tennination by the Lessor. the Lessor agrees that it shall make reimbursements to the Lessee for any costs for capital expenditure additions to the structure, (less grant funds, bond funds or City funds previously transferred to Lessee), subject to available funding, (but not for regular maintenance or care items) should the Lessor elect to terminate this Lease in advance of the expiration of the initial term. hereof, except if such termination be for breach of this Lease Agreement or violation of or failure to comply with any of the covenants set forth herein. 17. Amendment. No amendment or modification to this Lease shall be effected unless iü writing and signed by both of the parties hereto. 18. ID~pedion by Le~~or. The Lessee shall pemùt the Lessor and its agents or .. representatives to eüter upon the Property at all reasonable times to examine the condition thereof, and to make any repairs which it may see fit to make. 19. To Yield U.p Premises. At the expiration of the term of this Lease, the Lessee ... will peaceably yield up to the Lessor the Premises and all buildings thereof, in good repair in 5 02/0.3/95 FRI 17:02 FAX 407 278 4755 DEL BCH CTY ATTY -+-H PURCHASING 141007 all respects, reasonable use and wear and damage by fIre and other unavoidable casualties excepted. 20. Indf!Inni6cation. For additional and separate consideration, receipt of which is hereby acknowledged, the Lessee covenants that it will save hannless. inde11U1ify and defend the Lessor, its officers, employees, and agents, from and against any and a11105s, liability or expense that is a result of the Lessee's own negligence wruch may be incurred by reason of any claim or liti¡ation arising out of or in cOMectÌon with Lessee's occupancy and use of the leases premises, including, but not limited to, any accident with the appliances and fixtures installed by Lessee, or the gas. water or other pipes. or from any damage or neglect by the Lessee arising from or in any way cOImected with the use, misuse or abuse of all utilities, or from any neglect of the Lessee in not removing foreign objects from the sidewalks, grounds. structure, or roof of the building. 21. Notic.e. Whenever notke is required hereunder, it shall be by certified mail, return receipt requested, addressed as follows, or delivered by hand to the location as follows until written notice of change of address is given to the other party: Lessor: City Manager's Office 100 N.W. 1st Avenue Delray Beach. Florida 33444 .. Lessee: Historic Palm Beach County Preservation Board Cason Cottage Museum 5 N.E. First Street Delray Beach. Florida 33447-1221 , 6 , 02103/95 FRI 17:02 F~~ 407 278 4755 DEL BCH CTY ATTY -+-H PURCHASING 14J008 22. Number; Gender. As the context herein may require, the singular shall be deemed to include the pJural, and the masculine form shall be deemed to include the feminine and neuter_ 23. To Bear Rf§k for Content&. That all building contents and interior improvements of any kind (whether owned by the Lessor or Lessee) that may be on the premises during the continuance of this Lease shall be at the sole risk of the Lessee, and that the Lessor shall not be liable to the Lessee or any other person for any injury, loss or damage to the property or to any person on the premises. 24. Not to Il1jure or Deface. The Lessee covenants that it will not injure, overload or deface, or allow to be injured, overloaded or defaced, the Property or any part thereof. 25. Other Rp.Q)~die~. Mention in this lease of any panicular remedy in favor of the Lessor sha.ll not preclude the Lessor from any other remedy in law or in equity and shall be in addition to any other remedies conferred upon it by law or in equity. 26. No Waiver. That no assent, expressed or implied, by the Lessor to any breach of this Agreement shall be deemed to be a waiver of any succeeding breach of the same or other covenants. 27. Severabili(y. If any clause, phrase, provision or portion of this Agreement or the application thereof to any person Or circumstance shall be held by a court of competent jurisdiction to be invalid or unenforceable under the laws of the State of Florida, or any other pertinent jurisdiction, such event shan not affect, impair or render invalid or unenforceable the application of the remainder of "'this Agreement or any other clause, phrase, provision or portion hereof to any person or entity in any circumstances. 7 0210:)/95 FRI 17:03 FAX 407 278 4755 DEL BCH CTY ATTY +'H PURCHASING ~OOg . 28. Entire AVeP.ment. This Agreement constitutes the complete understanding and agreement between the parties and supersedes any and all prior oral or written agreementS and understandings _ IN WITNESS WIŒREOF, the Lessor and Lessees have set their hands and seals the day and year fIrst above written. LESSOR: CITY OF DELRA Y BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor City Clerk Approved as to Fonn: City Attorney LESSEE~ HISTORIC PALM BEACH COUNTY PRESERVATION BOARD By: State of Florida County of Palm Beach The foregoing ins~ment was acknowledged before me this day of . . 1995 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a corporation (state or place of incorporation) corporation. on behalf of the corporation. He/She is personally known to me or 8 02/03/95 FRI 17:04 FAX 407 278 4755 DEL BCH CTY ATTY -+++ PLKC1tA::ill'ou ~J"V.L~J has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public-State of Florida Print, Type or Stamp Name of Notary Public hi5tDŒ. agt A ~ 9 /-/\/ /;v7 [IT' DF DELAA' HEAEM CITY AnORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 DELRA Y BEACH MEMORANDUM F lOR I D A ....... AI~America City , III J! DATE: January 30, 1995 TO: City Commission 1993 FROM: Susan A. Ruby, City Attorney SUBJECT: Carline Hanna v. City of Delray Beach This case concerns an automobile accident which occurred on March 10, 1992 on Lake Ida Road. A vehicle driven by a City employee "hit" a vehicle from behind causing this vehicle to collide with the car driven by Ms. Hanna. Ms. Hanna claims irijuries as a result of the accident. These injuries were confirmed by doctors who independently reviewed the case. A permanent impairment rating of 9 % was assigned for the total body by her treating physicians who diagnosed cervical lumbers acral sprain/strain with radiculitis. The diagnosis further indicates there is a moderate restriction of certain rotation, flexion and extension movements. Ms. Hanna, a third grade teacher, made no claim for lost wages. Her medical bills totaled $12,320.00. A mediation of this case was held on January 26, 1995. A settlement in the amount of $16,650.00 was reached at mediation, subject to City Commission approval with each party bearing its own attorney's fees and costs. Our office recommends settlement in this case subject to receipt of appropriate releases. Lee Graham, Risk Manager concurs in this recommendation. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed on the City Commission agenda of February 7, 1995. stions, please contact me. cc: David Harden, City Manager Qp¡ø~ Alison MacGregor Harty, City Clerk Eric Hightower, Police Legal Advisor 5:J'7 /9~ Lee Graham, Risk Manager Donna Woods, Gallagher Bassett Joanna Weaver, Paralegal/Legal Secretary @ Printed on Recycled Paper C¡./(. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS '~0 /Î FROM: CITY MANAGER ~LJ/ ./ , SUBJECT: AGENDA ITEM # c¡ L - MEETING OF FEBRUARY 7. 1995 SETTLEMENT OFFER/LEVY v. CITY OF DELRAY BEACH DATE: FEBRUARY 6, 1995 Attached is additional information concerning Item 9L, Levy v. City of Delray Beach, on the February 7, 1995 agenda. fl)rJmn ~1& ~~~ 1//;;/ ~ ( ¡)"e.. IIi ¡:;E.el /J d'S5éflT7179 ) 81.6 P01. FEE 06'95 1.2:Ø5 b ..- . 407-276-5803 LAW OFFICES &--q- CQvÀ .-- LAW OFFice OF ROGER Go SABJERSONß PaA. 70 S.E. 4th Avenue Telephone: (407) 272-86- Delray Beach, FL 33483 F A.ÇSJMILE COv:El\ SHEET PLEASE DELIVER TO: Mr. David Harden FAX # 243-7166 FROM: RQger G. Saberson DATE: February 6, 1995 RECEIVED FfB 1'1995 TIME: 12:00 p.m. CITYM!¡~' ._~... ~ NUMBER OF PAGES (Including Cover Sheet): 5 " nFFlCf. DESCRIPTION: .Agçnda bem #9L -_L~y :y City of Delrax B~ach [ J FOR YOUR APPROVAL [X] PLEASE REVIEW UPON RECEIPT [ ] AS YOU REQUESTED [ X] PER OUR DISCUSSION [ ] OTHER: COMMENTS/MESSAGE: City Commission Meeting Scheduled I'M Tuesday, February 7~ 1995. ÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞÞ This'telecopy: Will _ Will Not -X..-.. be :followed by the delivery of an original bard copy. Jfyúu have any difficulty receh'illg this copy please call (407) 272-86.~ immediately. When transmitting documents to u, tl1:tt require our ir"mediate attention, plea,e caU and advise us, since our fax machine is not c(Jntinuou~ly monitored. The information contained in this transrnìuìoll is attOrltèy privìl&ged and confidential and is intended only for the U$e of the addressee named above. If you lire not the i»t.ended recipient, you are hereby advised tl1~t any distribution or ~opyìng ofthis communication is strictly prohibited. If you have received tbis communication in errOt-, please notify this firm immediately by collect telepbol'e call and return the incorrectly transmitted docurnent~ to us at the abo~-e address via the U.S. Mail. We will reimburstJ you for your out of pocket expenses. Thank you. Facsimíle - (407) 276-5803 þþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþþÞÞÞÞÞÞÞÞÞÞÞ 407-276-5803 LAW OFFICES 816 P02 FEE 06'95 12:D6 LAW OFFICE OF ROGER Go SA1BJERSON~ PoÅo 70 S.E. 4th Avenue Telephone: (407) 272-86"'6 Delray Beach, FL 33483 February 6, 1995 Mr. Tom Lynch, Mayor and Commission Members 100 N.W. 1st Avenue Delray Beach, Fl 33444 Re: Agenda Item #9L Levy v City of Delray Beach Dear Mr. Mayor and Commission Members: Two of the most important iterns of the information regarding the above subject were inadvertel1tly not included in your Agenda packet. Please find enclosed two letters which are on behalf of the Board of Directors of Tropic Isle and Tropic Bay indicating that they are in agreement with the uses set forth in the Levy settlement proposal based upon the conditions set forth in their letters. Mr. and Mrs. Levy have agreed to the proposed. conditions. W ehave been working with the Boards of Directors of both associations for sometimE' now to arrive at an acceptable situation for all parties and the settlement proposal embodies that solution. I wiU100k forward to discussing this further with you at tbe Commìss.Ìon Meeting. s7(~urs, Roger G. Saberson RGS/dl enclosure cc: Mr. David Harden) City Manager (via facsimile) . . 407-276-5803 L~~_º~FICES 81.6 P03 FEE 06'95 1.2:Ø6 _ILJI .,.,.-, ~-..,- Tropie Bøy CONDOM"IUUM ""."""ItN" .~'''TlaN 11101 ,....... .... . ø..v ...... . ,.... 33483 ~: 272-'094 ,rebruary 3, 1995 aOle~ Q Saber.on 10 South..at 4th Ave Oel~ay ...eh, F1 33483 Dear Mr Sabereon: The Board of Directo~s of tropi~ Bay Condo Apt Assoc. and the TropLc Isle Civic AØ~9C. recently met w1th Mr Levy and ht. attorney ROBer Saberson. With !urther reference to our commun1ca~ton of July 28th, 1994' we 6Uppo~t tho followinø uses of the Levy froperty. 1. The sala, teasing and ~entet of motor vehicles 2. Wash 8atabllshment fo~ motor vebiçlea 3. D.t~ilin8 of moto~ ~ehtGles The .bove uses mÞy be conducted singuJarly or in any combio«- Cion 8imutâneOusly. T~opic Bay Condominium Aleoc ~ould conslde~ f4vorably a ehao&w in the zoning west of Frede~ick Bl~d with qualif1c4t1ona as foIJows: 1. That Mr Levy $imult«neouG to the citY$ approval. restr1ct his proper~y ..st of FTede~1cks Blvd in pe~petui~v to re81d8ntial use, .. well as releasê hi. cla1m that F~.derick Blvd in front of theta p~~ert1es 1. abandoned p~operey namely lots 11-19 block 35. is 1. a major con~tdor.tiQn to ou~ Association. 2. Mr Levy will strategically place che main entrance and exit off of this propercy on U.S.1/Fedêral Highway. 3. A wall ~111 hø cOftetructed alona ~he weøt ~18ht of way line øf P~edQrtck Boulevard (th.~ebh p~eVe~tin~ any access from the Levy commercial prope~ty), edg;na. at er approprtate land- scaping 3ud ltghci~g that may requested by the A~80clat1on. 4. The Boar4d of Di,e~~or$ of Tropic l&le C1v1c Association and Tropic Bay Condominium Association be able tQ review and approve the proposed .i~e plant hada1nc, landG~.p1n8t ~i&htinl, ete. Pale 1 of 2 . 407-275-5803 LAW OFFICES 815 P04 FEE 05'95 ~u I ..JoJaJlf \-ILI_U ..,_....'-"....., II", '-- _..... _ ___. . 12:Et7 ; - .. ......~ -.. -,.. .~~ , ~ "'oJ Tropic Bag eONOO.,uNUJN ."o1U'TMI£NT ...000IATION ..n "Ida IMI. . ø.Crtr ..... . lllatldl 330111 .......: In.-10M ,. Under no çtrçuffl8t.~CêS i. Frederick Blvd to be opened to çom- merc~ål- traffic co Tropic Bay Blvd/La Mat Ave. Tropiç lay Blvd ..at of U.5.1 11 c~rr8ntly reltricted co aucamobile traffic. No truc~ traffic 15 permitced. We .re pleaç8d that with your cooperation this matte~ ¡, be1na brouäht ~o a concluslon that incorpo~ates fairness to Mr Levy and a dr.ea.as the need to maintain the residential character of property e.st of FredÐric~ Blvd. . ~~ CC! Mike p.qradoni. David N Tolces~ E~q ,~ . FE.B 06',:?? ,..- 81.6 P05 ,J OFFICES ... 1 T ¡ n ~" I tI!J:I L j ..... _5803 LA\. 407-276 . 4 ';", Deoember 19. 1994 David N. Tolces. Esq. Assistant City Attorney 200 NW First Avenue Delray Beach, FL 33444 Re: Levy Property Dear Mr. Toloe5. Recently the Board of Directors of Tropic Isle Civic Association and the Board of Directors of Tropic Bay had a joint meeting with Mr. Levy and his attorney, Roger Saberson, to discuss the potential use of Mr. Levy's property which lies between the west line of Frederick Blvd. and the east line ot Federal Highway and abuts the southern border of Ralph Buick. You will recall that I wrote to you on July 28, 1994 concerning this matter and I wanted to clarify for you and the City, the position of the Tropic Isle Board of Directors. The Tropio Isle Board will support the following list of uses (which may be conducted singularly or In any combination simultaneously) for the Levy property west of the west right-of-way line of Frederick Blvd.; (i) the sale. lða$íng, and rental of motor vehioles. (ii) wash astabHshmentfor motor vehicles, and (¡Ii) detaìlìng of motor vehicles. As I also indioated in my prior letter, the Tropic Isle Board has opposed further development of the automotive use zoning category along Federal Highway and have supported the zoning desìgnatìonson the Cíty's master plan. However. we believe that the Levy property Is unique and should be allowed to return to motor vehicle uses for the following reasons: 1. The pmperty has a long history of being used for tne safe, rental and leasing of motor vehjçl~s . 2. The current use proposed by Mr, Levy will be limited to the area west of the wast right-ot- way line of Frederick Blvd. 3. The property abuts Ralph BuicK. 4. When Mr. Levy purchased this property he indicated to us that it was to be used at that time for motor vehicle sales. rental and leasing. The property at that time was controlled by the County. 5. Most importantly, since Mr. Levy has consented to deed restrict his property lying east of the right-af-way line of Fredefick Blvd. in perpetuity to residential use, this offers our association the opportunity to accomplish one of our foremost land use goals that we have had for years, which is to, In essence, erect a ''Wall" along the west right-ot-way line of Frederick Blvd. to prohibit the further encroachment of commercial U5es. ATLANTIC REFRIGERATION COAP .1'lOi: ~I'" .-. 407-276-5803 LAW OFFICES 81.6 P06 FEB 06"95 1. 2 : ø~ # . 40 - .........' -....t' ", David N. Talces, Esq. December 19,1994 Page 2 Based on our discussions with Mr. Levy and his agreement, we would favor the restricted uses conditioned on the following: A. That Mr. Levy simultaneous to the City's approval, restrict his property east of Frederlok Blvd. in perpetuity to residential usa. B. Mr. Levy will strategically place the main entrance a.nd exit off of this property on U.s. 1/Federal HIghway. Secondary entrances/exIts would be on Transportatíon Lane/Avenue G and Fladell's Way/Avenue F. C. Mr. Levy construct a wall Cilong the west right-of-way line of Frederick Blvd. Hedging and other appropriate landscaping/lighting that may be requested by the Association, D. The Board of Directors of Tropic Isle Civic Association be able to review and aPDrOV9 the proposed sIte ple.n, hedging, landscaping, etc. referred to in paragraph C. E. Under no circumstances is FrederìckBlvd. to be opened to commeroÎal traffic to Tropic Bay Blvd./LaMat Avenue. Tropic Bay Blvd. east of U.S, 1 is ourrently restricted to automobile traffic. The Tropic Isle Civic Assooiation is willing to co-operate with all parties involved and We will anxiously await the opportunity to review Mr. Levy's plan. s~~. J. Michael Pakradoonj President TROPIC ISLE CIVIC ASSOCIATION c~· Roger G. Sabei'SOil, Esq. .... Charles Baechel 'Î'lä, )c~ (!of1 .) CJ 8k,., j~.. u y ¡ "'1" I I I ' 1/ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER trJc1 SUBJECT: AGENDA ITEM # q.L. - MEETING OF FEBRUARY 7. 1995 SETTLEMENT OFFER/LEVY v. CITY OF DELRAY BEACH DATE: FEBRUARY 3, 1995 Please note that a copy of Policy A-2.4 of the Comprehensive plan regarding automobile uses is attached for your review. .~/< , ex! [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 DELRAY BEACH f lOR I D " MEMORANDUM b*d AI~America City , III J! DATE: February 3, 1995 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorn? SUBJECT: Settlement Offer - Levy v. City of Delray Beach The City Attorney's Office has received the attached offer of settlement from Holly Davidson, counsel for Mr. and Mrs. Stanley Levy. The Levys own the property located at the former Auto Ranch site on South Federal Highway adjacent to Ralph Buick. The property is divided into two sections, Lots 1-5 along Federal Highway and Lots 13-24, located along Frederick Boulevard. The City annexed the property from Palm Beach County in 1989. At the time of annexation, Lots 1-5 were zoned General Commercial ("GC"), and Lots 13-24 were zoned Multi-Family Residential ("RM"). The City affIxed a Transitional land use designation to the property as part of the adoption of the Comprehensive Plan in 1989. As part of the city-wide rezoning in 1990, the City rezoned Lots 1-5 to Planned Commercial. The PC zoning, however, was not consistent with the Transitional land use designation. In 1991, Mr. Levy petitioned for a land use designation change to General Commercial. The City Commission denied the petition, and subsequently rezoned Lots 1-5 to Professional Office District ("POD") in September, 1991. The POD Zoning District is consistent with the Transitional designation. Mr. and Mrs. Levy then fIled suit in 1992 alleging that the City's rezoning was arbitrary and capricious and constituted a taking of their property. Since the fIling of the lawsuit, the parties have been discussing the possible settlement of the lawsuit, and now that trial is scheduled for mid-March, the Levys have made a formal settlement offer for the Commission's consideration. The Levys desire to have an automobile sales, rental, and detailing use on the property. The difficulty with those uses is that the City has a Comprehensive Plan policy which prohibits the establishment of Automobile Dealerships south of N .E. 8th Street and east of Federal Highway. There is a question as to whether the establishment of those uses ® Printed on Recycled Paper City Commission February 3, 1995 Page 2 on the property would be inconsistent with the comprehensive plan policy. In order for the uses to be considered consistent with the policy, one must determine that the comprehensive plan prohibition on automobile dealerships only applies to full service automobile dealerships. At this time, our office is looking for direction as to the City Commission's desires as to settlement of this lawsuit. Our office believes the City's position in this lawsuit is defensible and has a good chance of success; however, as this settlement concerns zoning and land use policies, it is appropriate for the Commission to give direction as to whether or not settlement negotiations should proceed. Our office cannot give a recommendation as to the Levy's offer at this time. The settlement would in all likelihood be accomplished through the passage of Land Use Plan amendments, a zoning ordinance, site plan approval, and a possible waiver request. Therefore, due to the complexity of the settlement process our office needs to know if the Commission would consider the Levy's proposal, which would result in the initiation of a process which could include amending the future land use map to General Commercial, rezone the property to allow for specific automobile uses on the property, and to grant a waiver to the minimum lot size requirements. The terms of the settlement would be incorporated into a settlement agreement which would then come back to the Commission for approval. Please contact my office if you have any questions. DNT:sh Attachment cc: David Harden, City Manager Diane Dominguez, Director of Planning and Zoning Sharon Morgan, Executive Assistant, City Clerk levy-9.dnt . ~J- POlicy A-2.4 Automobile uses are a significant land use ~I within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suits the community's future development, the following shall be adhered to: ~ . Auto related uses shall not be permitted in the CBD Zone District or wi thin the geographic area I along Federal Highway which extends four blocks I ¡ ~orth.and three blocks south of Atlantic Avenue. :J .:,;,Automobile dfitalerships may locate and/or expand I ! "{:i,.west of Federal Highway, ie, or between the ~ '::;)..'····on.-way pair system (except 4S r.stricted above). ;..;.t:~' . Automobile dealerships may locate and/or expand I -'.' east of Federal Highway, only north of N. E. 6th I Street, except within the area lying east of :J Federal Highway north of N.E. 8th Street, or parcels fronting on N.E. 8th Street, and south of ¡ the north border of the Plea Market property. :J within whtéh such excluded area, automobile dealerships 1D4Y not locate or expand. New dealerships shall not locate nor .hall existing ~J dealerships expand south of N.E. 6th Street . provided however, that automobile dealerships south of N.E. 6th Street may expand onto adjacent property which is currently in a auto related use _----À. - and which is zoned to allow such use. . Auto related uses which involve the servicing and repair of vehicles, other than as apart of a full service dealership, shall be directed to industrial/commerce areas. [LDR Section 4.4.10] " .. ... DuBOSAR & DAVIDSON PROFESSIONAL ASSOCIA TION 2255 GLADES ROAD SUITE 300 EAST BOCA RATON, FLORIDA 33431 HOLLY DAVIDSON HOWARD O. DuBOSAR L. RACHEL EISENSTEIN TELEPHONE: (407) 99<4-0070 LAWRENCE B. JURAN, P.A. FACSIMilE: (407) 99<4-8898 Of Coun." January 31, 1995 - ..- --:--- -- ----~...~_.._-- VIA FACSIMILE - David N. Tolces, Esq. :FEB 1/995 Assistant City Attorney 200 NW First Avenue - - Delray Beach, FL 33444 -_. Re: Levy v. City of Delray Beach Dear Mr. Tolces: Pursuant to our discussions at the mediation held in the above-referenced matter, the following is an offer of settlement. Please recall that my letter of July 15, 1994 set forth the \ background of my client's property. Since that time however, Michael Pakaradooni, President of the Tropic Isle Civic Association, has written to you setting forth the position of the Tropic Isle Board of Directors. The Tropic Isle Board will support the following list of uses (which they have indicated may be conducted singularly or in any combination simultaneously) for the Levy property west of the west right-of-way line of Frederick Boulevard: (i) the sale, leasing, and rental of motor vehicles, (ii) wash establishment for motor vehicles, and (iii) detailing of motor vehicles. The Tropic Isle Board has indicated that although they have opposed further development of the automotive use zoning category along Federal Highway and have supported the zoning designations on the City's master plan, they also recognize that the Levy property is unique and should be allowed to return to motor vehicle uses for the following reasons: David N. Tolces, Esq. January 31, 1995 Page 2 1. The property has a long history of being used for the sale, rental and leasing of motor vehicles. 2. The current use proposed by Mr. Levy will be limited to the area west of the west right-of-way line of Frederick Boulevard. 3. The property abuts Ralph Buick. 4. When Mr. Levy purchased this property he indicated to the Board that it was to be used at that time for motor vehicle sales, rental and leasing. The property at that time was controlleà by the County. 5. Most importantly, since Mr. Levy has consented to deed restrict his property lying east of the right-of-way line of Frederick Boulevard in perpetuity to residential use, this offers the association the opportunity to accomplish one of their foremost land use goals that they have had for years, which is to, in essence, erect a "wall" along the west right -of -way line of Frederick Boulevard to prohibit the further encroachment of commercial uses. The Tropic Bay Board made this recommendation based on Mr. Levy's agreement to the following: A. That Mr. Levy, simultaneous to the City's approval, will restrict his property east of Frederick Boulevard, in perpetuity, to residential use. B. Mr. Levy will strategically place the main entrance and exit off of this property on U.S. l/Federal Highway. Secondary entrances/exits would be on Transportation Lane/Avenue G and Fladell's Way/Avenue F. C. Mr. Levy will construct a wall along the west right-of- way line of Frederick Boulevard (thereby preventing any access from the Levy commercial property), and will provide hedging and other appropriate landscaping/lighting that may be requested by the Association. D. The Board of Directors of Tropic Isle Civic Association will be able to review and aDDrove the proposed site plan, hedging, landscaping, etc. referred to in paragraph C. E. Under no circumstances is Frederick Boulevard to be opened to commercial traffic to Tropic Bay Boulevard/LaMat Avenue. Tropic Bay Boulevard east of U. S. 1 is currently restricted to automobile traffic. No DuBoSAR &: DAVIDSON · PROFESSIONAL ASSOCIATION. 221111 GLADES ROAD' SUITE 300 EAST' BOCA RATON, FLORIDA 33431 Telephone: (4071 994-0070 Fex: (4071 994-8898 David N. Tolces, Esq. January 31, 1995 Page 3 truck traffic is to be permitted. We have also been advised by the Tropic Bay Board of Directors that they will be sending you a letter in support of the above- indicated uses on the Levy property as long as the same restrictions are in place. We are therefore proposing to dismiss the above-referenced lawsuit, with prejudice, upon the City Commission's agreement to enact an ordinance adopting a Special Activities District for the Levy's property, setting forth automotive sales, leasing and rentals, car washing and detailing, with the concomitant restrictions as set forth by Tropic Isle and Tropic Bay and the restriction against any repair of vehicles or body shop type uses. We would agree to stay the litigation until such an ordinance (or other acceptable method) is enacted. Inasmuch as our calendar call is set for March 6, 1995, please advise as soon as possible as to the City's position on our offer so that you and I may coordinate a Motion for Continuance, if necessary. Very truly yours, HD/vlg cc: Stan Levy Roger Saberson, Esq. (hd) Z:\WPDOCS\LEVY\TOLCES.LT4 DuBoSAR & DAVIDSON' PROFESSIONAL ASSOCIATION' 221511 GLADES ROAD. SUITE 300 EAST' 80CA RATON. FLORIDA 33431 Telephone: (407) 994·0070 Fe.: (407) 994·8898 , I I ,.; .: : ' I'. I ~~;,.~'\ ,)" ~ ., C) ','" ,." I. "\ I ~ . , ~ ~ . " " ~ ~ t::) ~ ~ ~ ~ ,,~~~ I ~ ~ ......, --£.---- __v: S ~,!I,,", /. "_'... ,.ý"'/~ ~ ~ ~ ~ ,.".;;;--._~Pp-,.,y {~,,} !~ ..._>.~.-._~/ ~: \\ ~ ¡': --'-_.z:k'''''''''~_ ----:_..r~ ~ ~ ~ " . I· 7--- 4Y" ~ø/.6 ^ .~ ~ :s I '" --r--_ S I ~ ~ ~ " 1 I~' '16':;;;-,..__ _ "It , ___ 1\ / Î - ·7 ''I '\ /, '. I· ~~, I / I ... " r· =--~"" ~. ~ ~ , .-Q;,;-""".. /..?s: 0) \ ~ I . '\....1. ) " I I I i). I ...¡ ~O; 4i ; ¡ I ( .. ~#.rSI ¿&.".., I ! :. ~ . 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'It- ~ ~':.: :_J~I '~rl ~:. !~·¡i :....~ , Iii '" t "c c' ,I. I': ",' ¡ ¡ 'i íi .q " · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i /0· A - MEETING OF 'FEBRUARY 7. 1995 'SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 7-95 BOAT STORAGE PERMIT FEE DATE: FEBRUARY 1, 1995 This is second reading and public hearing for Ordinance No. 7-95 which amends Section 101.35(F) of the City Code by increasing the permit fee for boat storage on the municipal beach. The proposed fee is $300.00, plus tax, for a total annual fee of $318.00. The fee increase was initially proposed by the Director of Parks and Recreation as a means to reduce the high demand we experience for the permits. At the January 10th workshop, staff was also directed to look into the possibility of expanding the boat storage area. Attached is a survey of rates charged by local businesses for the outside storage of boats. By comparison, the City's proposed fee is still less expensive than tho s e charged by private companies. In addition, we have been notified by the State Department of Environmental Protection that they will allow us to expand the boat storage area since it does not impact the sea turtle program. We are in the process of researching this matter. At first reading on January 17, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 7-95 on second and final reading. ()¡:¡]. -# 1-95 ¡::H/¿fL). on ~nD / hnllt- j) / dieEerlo/J i:E:JJ011? c¡ 10 ~~If w / ~ aoo -¡-1Rx. he:. 1?W/5E.i) ~€ddé c/ <I.9IE.s) Ijl.- Re.v/~ ~ ref:agmemo19 ¡:;-dd'l. Mnnt¡€.5 útu:¡9 ES7FO 4 ¿OHr "U;I')E,¡eS - 6-0 I I : ) "- FAILED ON SECOND/FINAL READING - 2/7/95 ORDINANCE NO. 7-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 101.35, "STORING BOATS II , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 101.35(F) TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE FOR BOAT STORAGE ON THE MUNICIPAL BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 101.35 of the City Code, permits for boat storage on the municipal beach are issued by the City of Delray Beach; and WHEREAS, a fee is required to be submitted with the application for a boat storage permit; and WHEREAS, the permi t fee for boat storage on the municipal beach has not been increased since 1989; and WHEREAS, the City Commission deems it to be in the public interest to increase the fee for a boat storage permit. 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 II, Chapter 101, "Parks, Beaches, and Recrea tion II , Section 101.35, "Storing Boats", Subsection 101.35(F), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) The permit fee to be submitted with the application shall be $171/'~ 8300.00. plus applicable taxes. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. .FAILED ON SECOND/FINAL READING- 2/7/95 , I . I ( ....... FAILED ON SECOND/FINAL READING - 2/7/95 Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 7-95 FAILED ON SECOND/FINAL READING - 2/7/95 . 6K . ey\ £ITY DF DELRAY IER[H DElRAY BEACH J I 0 I I 0 " tKed 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000 fijir 1993 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Sailboat Storage on the Beach DATE: February 1, 1995 Attached please find an analysis of costs from local businesses for the outside storage of boats. The rates run from $31.80 to $60 per month for boats in the 20 foot range for an average of $43.39 per month for the 10 businesses surveyed. This compares wi thour existing rate of $10.73 per month and our proposed rate of $26.50 per month or $318 per year, which includes tax. Also attached is correspondence indicating that the State Department of Environmental Protection has reversed their previous position, and indicated that the boat storage area may be expanded from its current limit of 40, as long as it does not impact on the sea turtle program. Currently, the boat storage area is approximately 300 feet long, and Section 101. 35 of our City Ordinance is very specific as to the location where boats may be stored. Since the northern beach area was deeded to the City, this may be to insure that no deed restrictions were violated, and I have asked our City Attorney to review this deed for possible restrictions. * PrintrKJ on Recycled Paper THE EFFORT ALWAYS MATTERS . . -2- I recommend the boat storage fee be increased to $318 per year (tax included) or $26.50 per month. This is still cheaper than the lowest rate offered by the private sector by $60 per year, and is $202 cheaper than the average of the 10 businesses surveyed that offer boat storage facilities. Plea.se keep in mind that storing the boat is a great convenience and precludes the need to trailer the boats to and from the boat storage areas. The price increase in itself may be enough to prevent persons from camping out all night in front of the Community Center to get a permit. However, this is still a bargain for such a convenience, and per the Mayor's suggestions, we should consider expanding the boat storage area to accommodate 10 additional boats in addition to the price increase. Please review and advise. e;) Parks and Recreation Attachment cc: Susan Ruby City Attorney JW : cp Ref:dhsailbt . MONTHLY RATES-INCLUDES TAX (INCLUDES TRAILER) NAME INSIDE OUTSIDE ADDRESS STORAGE STORAGE PHONE 1. Delray Storage $79.50 $47.00 13366 Military Trail 498-35SS 2. Congress self Storage $42.00 731-1400 3. Boynton-Delray Stow-a-way $118.00(10x20) $31.80(20' or under) 3000 N.Federal Highway $ 130.20(10x2S) $47.70(21' & larger) 737-1322 $ 14S.04(10x30) 4. Security Storage ofDelray NO INSIDE $44.52 2900 Georgia Stteet 272-1283 5. Southern Self Storage DOES NOT STORE ONLY SMALL 14101 Military Trail SAILBOATS ROWBOATS 496..0434 6. Greer W.C. Storage NO INSIDE $33.60 7352 N. Federal Highway (2 months security 278-2626 deposit-$60.00; plus 1st months rent) 7. Security Mini Storage $95.00 (10x20) $50.00 Plus Trailer Pkg. 49S..o678 outside only $SO.OO 8. Delray Mini Storage NO INSIDE $60.00 272-4226 9. Safeway Self Storage $162.00 $45.00 276-1400 10. Boynton Mobile Village NO INSIDE $3S.oo(Less than 25') 1801 N.Federal Highway (More than 23' is 732-5S92 $1.50 for each foot) . 11. Boynton Space Plus $ 171.00(11x29) $4S.OO (9x25') 2941 S.W.14th Place 734-6303 · MEMORANDUM TO: Joe Weldon, Director tr FROM: J. Dragon, Assistant Director DATE: January 27, 1995 SUBJECT: Sailboat Storage Area on the Beach After further discussion regarding the sailboat storage area on the beach, Mr. Mike Sole, Environmental Specialist for the State Department of Environmental Protection, reversed his previous position to deny any expansion of our beach sailboat storage area. Tlüs reversal appears to have resulted ftom further discussions he had with "Red" Taylor, DEP local inspector, John Fletemeyer, Sea Turtle Consultant for the City ofDelray Beach, and Joe Dragon. Through those discussions it was determined that there has been an insignificant number ot: fewer than 10, sea turtle nests per 1000' segment in the sailboat storage area; that the City has an excellent record of nUU1~ng the sea turtle program; and the sailboat activity bas had no impact on the sea turtle program. Mr. Sole further indicated that DEP does not regulate beach recreation activities and as long as the sailboat activity area. does not impact on the sea turtle program or the dune vegetation area, and no structures are built he bas no objection to the expansion of the boat storage area. He indicated a field permit may be issued by the local inspector, "Red" Taylor. The following is a brief history of the boat storage area as we have come to find out ftom Rich ConneD, Beach Supervisor, who bas worked for the Beach Patrol since 1975. Prior to 1976 there was no defined boat storage area and there were regularly S-6. sailboats haphazardly stored on the beach. In 1976/77 the City identified a specific storage area 300' long for 30 boats and implemented the current permit/fee program with the initial fee being 550. annually. In 1980/81 the City Manager approved increasing the number of boats that could be stored there to the current limit of 40 boats, but did not expand the storage area. The boundaries of the storage area as outlined in the City Ordinances were probably surveyed by the City as none of the DEP people can veritÿ that it was done by their office. The survey may in some way be related to the deeded-beach property at the north end of the beach. Further research into this probably should be considered to determine if the boat storage area can be expanded to the north. cm15.saiIboat storage . . . , SPEAKER: Lee Wildes, 1240 Seaspray Ave, Delray Beach The following is a profile of the Delray Beach Sailors: All of these people are Delray Beach Boat Storage Permit holders. Of the 40 permit holders 34 have been contacted to create this profile. The average investment in a sailboat kept on the beach is $ 2,000. The average permit holder is 38 years of age. 88% are property owners. 55% have children. 93% are registered voters. Mr. John Fletemeyer has told us " In ten years as the Turtle Nest Marker he has never had a nest impacted by our boats. We have also been praised for our efforts in keeping the beach area near the boats clean, our safety record and our assistance in Ocean Rescue. ; . ~ß . . PROPOSED CHANGES TO SECTION 101.35 STORING BOATS (D) The distance required for the boat storage will have to be increased from 300 feet to 450 feet to accommodate 60 boats. .J . ,t ~ f~ (F) Permit fee to be increased from $ 121.50 to $ 188.68. plus tax. I (H) This paragraph should be amended to read: " It (The Boat Stora~e Permit) shall be affixed to the mast-or the boat". (NEW PARAGRAPH) All boats shall be secured by a tie-down attached to the forward part of the boat and a concrete block buried at least 3 feet in the sand below said boat. . - . . ; . We propose no change to the present administration timetable except as noted below: BOAT STORAGE PERMIT PERIOD October 1 thru September 30 NOTIFICATION TO PRESENT PERMIT HOLDERS Prior to Sept. 1 PERMITS AVAILABLE FOR SALE October 1 8 A.M. PERMITS AVAILABLE AT Delray Community Center DELRAY RESIDENTS ONLY October 1-16 PREVIOUS YEAR PERMIT HOLDERS October 1-14 NOTE: It there are more NEW applicants than the remainin~ permits available. than the remaininK permits would be awarded by lottery. October 16 PERMITS GO ON SALE TO THE GENERAL PUßLIC October 17 SECTION 101. 35 (I) October 31 "All boats not marked with a current valid boat storage permit will be removed from the beach per 101.35 (I)". · . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER&1V( SUBJECT: AGENDA ITEM . /D. E3. - MEETING OF FEBRUARY 7. 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 8-95 DESIGNATION OF SOLOMON DAVID SPADY HOUSE AS LOCAL HISTORIC SITE DATE: FEBRUARY 1, 1995 This is second reading and public hearing for Ordinance No. 8-95 which designates the Solomon David Spady House located at 170 N.W. 5th Avenue as a local historic site and adds it to the Local Register of Historic Places. The property consists of a single family home which was constructed in 1926 and remains a good example of the Mission Revival style of architecture as built in Delray Beach in the 1920s. The house is associated with Delray's most prominent black educator and community leader from 1923 to 1956, Solomon David Spady, and is an important landmark to the identity of the community. The Historic Preservation Board conducted a public hearing on this matter on December 7, 1994, at which time the Board voted 6 to 0 to recommend the designation of the Solomon David Spady House as a local historic site. At first reading on January 17, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 8-95 on second and final reading. ~ 6-0 ref:agmemo17 , , ; ') ORDINANCE NO. 8-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, DESIGNATING THE SOLOMON DAVID SPADY HOUSE, LOCATED AT 170 N.W. 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE II ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4. 5. 1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, Douglas T. Williams, as duly authorized agent, has nomina ted the property described herein to be designated as a local historic site; and WHEREAS, a designation report was prepared concerning the designation of the property located at 170 N.W. 5th Avenue to the Local Register of Historic Places; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on December 7, 1994, the Historic Preservation Board of the City of Delray Beach recommended that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: The Solomon David Spady House, located at 170 N.W. 5th Avenue, Delray Beach, Florida; more particularly described as follows: I I ) Lots 5 and 6 and the North 26.25 feet of Lot 7, MELVIN BURD'S SUBDIVISION OF THE N1/2 OF BLOCK 19 SHOWN ON MAP OF TOWN OF LINTON, as recorded in Plat Book 11 at Page 73 of the Public Records of Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 7th day of February , 1995. ATTEST: ~~ Q I, ÑrY¡ 'I1JJc if¡ ¡ ~ J.Ic [ï hy City Cl k First Reading January 17, 1995 Second Reading February 7, 1995 - 2 - Ord. No. 8-95 J , ~ '- I " ...J ~ I MAP --' _,,_ _ r- I · =n:.:...:¡- ~ 1=11 j Be:¡ t: 11? _ ~ I- - ~ _ J---l1I ..J L.I~m ,_ II- I- -'...J I III"- - I' r- -l _ ..!!. ~ I I .1 _ 1- [II t-- - U iLL ~ :> _ 1---, -II _ ,!II _ J ¡- _I -, .- II ---( .1 ï < r-- u.. ---0:. -r- -I __ ~_ ~I _ - - t- I-- - ~ ;::..- f- =-~ -",-, I IIJ I¡g ~,_, 'r ==J f-- ~ .~ 1- I --" I >-=<- -L ==t t= = f- -- r---_~___I~ f-- f-J '~i=---= - -,'- =- =-1= lIJl _ Þ - ~ - ---., - TI t- I tIT I - '-- _-1--1 =- - - -1_ I I J L..J --š-f'-ï.' f- - ~rr-,If -~ I-J I I J -"'õ mJ] 1=1___1~ ~_ ~o- -'LL _1;:. ;-~~ -< m .lc -1_ _ L--.-= =íllll'IT I.J I ,. --' I-- _ _ _ _ ¡::::::¡~ I IR _ == = ~ . 1_ ---1 - - ~ - '--~ _ --z f- - - L - r:: " 1--1-- - -f-- l- f-- - - I-- · = r- I-- ~ - - -¡--l L '= - == - C ....= o---lli r= II J lib -- _ _ c: -- IT" __" . r- ~ trTDI In ...J t= ~ ';:: 1ST _ liEn ~_ I-- -j ill ~ In I c:J ---< h-I _ L::!f [IT] ~ ~ _ _ (' ~mm I I - f ~f-- f--_.. _ . or--I ~- z . "~"ï=fi" ~""==' - = n § \::1j' - bib! ~ LJ --'-- L· ~T l ANT I C -Ir- I ~OJJJ ;: I ml _ T -" IIIIIJ I I _ >- ... II II I '--I < _ h 1- ]-, -'~~ >- '---= I = _ 0- Il I = >-- _ . == - - - I-- - ~I rt - -- - r- == Þ r II _J ~ ~ I-- - ~ -, _ '.ó...~ <I-- f-- - = r - I-- - I _ mn 'jl , - f- >-T - r t - - - _ 1111 La -= f- r T - r 'r 0-- --' - "!.......,~~ -1 r f- . - r-.- -, - r I£_J ~ -. ~:J ---.J f--, '=r 1-. --' - ":::::¡ r 1 -.1' ~ ~_ 0- j C=''::' -¡wI.! I I ï 1==1--10 ' <----"' r _ -1.F,.'1- ~ '-...J -'-I ---< c--_ - _ F=II ,,' Jo'- ~ - - - '-- _ _--=, I I -I.t:=1I: _] .~ - - - - '-,----< - - t-- - t-:-:: I-c:-I 0- ___ . _. ~ ~.~ - t' ~ ~ I W 5TH AVENUE -' C -~. 170 N. · _I ( ~-u-a OTT " _,. eu.ø4, _ $'r$nJr - I -:- ØO'W. 804Sr WI' - · if>v C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HA CITY MANAGER ~~G THRU: FROM: PAT CAYCE~ HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF JANUARY 17, 1995 FIRST READING OF AN ORDINANCE DESIGNATING THE SOLOMON D. SPADY HOUSE, 170 N.W. 5TH AVENUE, TO THE LOCAL REGISTER OF HISTORIC PLACES. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance designating a property as a local historic site. The property consists of a single family residence constructed in 1926 and located at 170 N.W. 5th Avenue. The legal description of the property is Block 19, Lots 5 and 6 and the north 26.25 feet of Lot 7. B A C K G R 0 U N D: The building was constructed in 1926, the architect and principal contractor are unknown. The structure is a good example of the Mission Revival style of architecture as built in Delray Beach in the 1920's. It embodies most of the major features representative of the style and has not been altered to a major degree. The Spady House has a high threshold of cultural significance. It is associated with the 33 year career of Delray's most prominent black educator and community leader from 1923 to 1956. It is important to the identity of the neighborhood to recognize this site and to make the community aware of its existence. It is appropriate that this building be listed on the Local Register of Historic Places for it is worthy of the protection and special consideration afforded by that designation. The request for designation is being made by Douglas T. Williams who has power attorney from the owner, Agnes Munnings. City Commission Documentation Meeting of January 17, 1995 ~~- Designation of a Local Historic Building Page 2 HISTORIC PRESERVATION BOARD CONSIDERATION: The Historic Preservation Board formally reviewed the designation report at its meeting of November 2, 1994 and made positive findings to LDR Section 4.5.1(B),(2)(d) & (e) and ..5.1(B)(2)(d) and (e) and 4.5.1(B)(3)(a) and (b) , Criteria for Desiqnation of Historic Sites or Districts, and set a date for a Public Hearing to allow the public to comment on the designation. Pursuant to Section 4.5.1(C) Desiqnation Procedures, the Public Hearing was held on December 7, 1994. The Board voted 6-0 to recommend that the City Commission approve the ordinance designating the Spady House as a Local Historic Site. R E COM MEN D E D ACT ION: By motion, approve on first reading the ordinance designating the Solomon D. Spady House, 170 N.W. 5th Avenue (Block 19, Lots 5 and 6 and the north 26.25 feet of Lot 7) to the Local Register of Historic Places. Attachment: * Letter of approval for designation from Douglas T. Williams. * Designation Report. '. file/y:spady-3 . ~' -- TO: Historic Preservation Board DATE: October 18, 1994 Delray Beach FROM: Douglas T. Williams ~ - -~ . RE: Historic Designation of the Spady House The Spady House is rich in the heritage of Delray Beach. It was the home of the first full-time black teacher/principal of the first "colored" school in Delray Beach. The Mediterranean-style stucco was among the nicest in the city. I would like to preserve the character of this building and the history it conveys. I am, therefore asking the Historical Preservation Board to present this house, 170 N.W. 5 Avenue, Delray Beach, to the city commission for consideration of being designated to the Local Register as an historical site. .. I.. . . ------------- -- .._~.._--_.- DES I G N A T ION R E P 0 R T HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA . -- .."",_. .' ..~-~. ;,; :,- . ~. . . . . '~'c·:·'~-~~~~Z:~~:;¡t~~.c~:,_, ,: "~'~'~",,:d --r~. ".~ ~~; , i , THE SOLOMON DAVID SPADY HOUSE 170 N.W. 5TH AVENUE CONSTRUCTED 1926 ... Designation Report 170 N.W. 5th Avenue Page 2 DESIGNATION REPORT: 170 N.W. 5TH AVENUE TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III. ARCHITECTURAL INFORMATION IV. HISTORICAL INFORMATION V. STATEMENT OF SIGNIFICANCE VI. BIBLIOGRAPHY AND SOURCES VII. PHOTOGRAPHY Report prepared October 1994 by Vera Farrington, Delray Beach Historic Preservation Board Member and Patricia Cayce, Historic Preservation Planner, City of Delray Beach. . . Designation Report 170 N.W. 5th Avenue Pðgè-3 I. GENERAL INFORMATION Location: 170 N.W. 5th Avenue, Delray Beach, Palm Beach County, Florida Date of Construction: 1926 Architect: Unknown Builder: Unknown Present Owner: Douglas T. Williams, 118 N.W. 8th Avenue, Delray Beach FL 33444. Present Use: Residential Present Zoning: GC General Commercial Legal Description: Lots 5 & 6 and the N. 26.25' of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida Property Control Number: 12 43 46 16 01 019 0050 Classification for Designation: Architectural significance, good example of Mission Revival style. Cultural Significance, home of S.D. Spady, prominent black educator. . Designation Report 170 N.W. 5th Avenue Page 4 ---- II. MAP [[0 - I II I I " ¡Ë I - - I " I I " - I II I I " N.W. ~:r- ST. - -.--- --.. U II LLI f-- I i---- I-- I I 'Si~ I-- I ~ 'Š r-- ~~ - - 0( .--- I- !-- >-- 0( - i--- l- I.-- - - I-- I- >-- - '-- - >-- !-- >-- c- - - >-- '-- - - - I.-- - F - >-- - II " II h ì /I 11 T - - .W. 2...:> ST. - , J I Ie I ~ I 1 - II I '" U I I 1 z - '" . .. - - - - r- - - L-" j! - - "'- ~ )i ~ r--- - :i - ~ 1 - I m == L T - - ,~illJI] rnÏIJ a'- "j, '-- .....- .1- ~~ ~~~ii-~~=-~~ I- ~ ~ ::di .. I T.u r-- J ATLANTIC AVENUE I T - L I Jlill ~rrm~= ~ r-- 'Si c..L- . ~ I--- i-- i---- 0( f--- 0( - >-- - - - - - ~- >--- l- f--- 0(_ f--- --- - - '--- - - i-. - I-- ~ Vi - - I-- - !!i i-- - S.W. 1ST Sf. "- 151 jE I I--- ¡; I I 1111 d/I ~ I - '" j! '" t- ~ - - - - t- ;: - " ~ [ L I . - --- - >-- d] ~ 170 N.W. 5TH AVENUE f'VH.:Nt; to'MntOtT 0Tr CII" ÞCJt.A y eoDf, ... -- I)Qt<l ~ IU.I' SI'S7DI - · Designation Report 170 N.W. 5th Avenue Page 5 ----- .^..~ III. Architectural Information This building is a good example of the simplified Mission Revival style which was popular throughout the City in both commercial and residential buildings during the 1920s. The Mission style is distinguished by its simplicity of design and ornamentation. The prominent features of the style include the following: Roofs: Predominantly flat roofs concealed with a parapet. If gables are combined with a flat roof the gables are covered with terra cotta tiles. The parapets generally are bell curved with curved elevations at the corners. Roof scuppers (drain tiles) are set within the parapet walls. Porches: A front porch is characteristic of the style, often extending the full length of the facade. Open balconies are commonly found above the porch on a two story structure. Walls: Construction is either hollow clay tile or frame, finished with rough or smooth stucco. Windows: Either casement or sash or a combination, usually multi-paned. Chimney: Usually project from the wall. Chimney tops often have bell tower shape. The Spady House incorporates many of the classic features of the Mission Revival style. It was constructed about 1925 and was completed prior to July 1926 as it is included on the July 1926 Sanborn map which is attached. Built as a single family residence, it is a two story rectangular building of stucco over frame construction set on a stone foundation. It has a flat roof concealed by a decorative parapet. Constructed as an 8 room house, it had 4 rooms on each floor and an 8' by 18' porch across the front facade. The roof of the porch is flat and is also concealed by a parapet which matches that on the primary roof. The original window openings remain, though some have been altered in size to accommodate standard factory built windows. All of the original sash or casement wood windows have been replaced with aluminum awning windows. The openings of the original screen porch have been enclosed with aluminum windows. The chimney projects from the south facade wall and is capped wi th a bell tower covering. Drain tile sucppers are set into the parapet walls. A 12' x 18' garage was constructed in conjunction with the house. It was free-standing, probably stucco over frame construction with a flat roof and Mission parapet. It has been demolished and replaced with the existing garage. Designation Report 170 N.W. 5th Avenue Page 6 --- IV. Historical Information The street address of the property is 170 N.W. 5th Avenue, formerly N. Blackmer Street. The property is legally described as Lots 5, 6 and the N. 26.25 feet of Lot 7, Melvin S. Burd Subdivision of the North Half of Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. Block 19 was not subdivided into lots when the Town 0 f Linton was platted in 1895. In September of 1915 Melvin S. Burd, of Burd's Produce Co., shipper of fruit and vegetables, subdivided and platted lots on the north half of Block 19 but the subdivision was not recorded in the Palm Beach County Plat Book until April, 1925. This would indicate that construction on the north half of the block did not occur prior to 1925. The Spady House is located on the west side of N.W. 5th Avenue, a block and a half from W. Atlantic Avenue. Solomon David Spady's activities as an educator and black community leader were of major importance and influence to the City. Mr. Spady was born in Virginia 1890 and graduated from Hampton Institute, now Hampton University, in Hampton Virginia. He was a student of George Washington Carver who became his mentor and counselor at the Institute. George Washington Carver was a botanist and a pioneer in the field of agricultural chemistry who fostered in Spady a lifelong interest in the subject. Spady was one of the founders of the New Farmers of America, a national organization which encouraged black people to become independent farmers. After graduating from Hampton Institute, Solomon Spady taught school in Cape Charles Virginia and in 1923 he moved to Delray to take a teaching position which also carried the responsibility of principal. He remained in that position for 33 years. The school that Spady became principal of was located on the east side of N.Blackmer Street (N. W. 5th Avenue) between W. Atlantic Avenue and N.W. 1st Street. This was the site of the first school in the settlement which was established in 1895 by the Dade County Board of Instruction and known as Delray Colored NO. 4. The Town of Delray was part of Dade county until 1909 when Palm Beach County was established. The first school was little more than a thatched hut, but then so were most of the early buildings in town, the thatching and dirt floor soon gave way to a wood roof and floor as the little school grew. In 1916, on the same site, the Palm Beach County Board of Instruction "constructed a colored school building in the town of Delray at a cost approximating thirty-five hundred dollars. This school is in charge of Professor Clarence E. Walker and has done such a remarkable work that it has attracted the attention of the trustees of the Slater fund, who very generously have Designation Report 170 N.W. 5th Avenue Page 7 been donating five hundred dollars per annum towards the support of the school." 1 It is believed that Clarence Walker remained at the school until his retirement in 19 23~ U wnen- Spady became its head. Given the excellent reputation of the school, it is easy to understand why the Palm Beach County school superintendent was anxious to find an outstanding replacement, and sheds light on why such a well educated and well connected teacher would consider a post in a pioneer town with a population of approximately 2,000 souls. By 1939 the enrollment had outgrown the "standard frame schoolhouse" and the out-building classrooms which had been added. With insufficient property to expand and construct a larger school, the School Board purchased land at N.W. 4th Street and N.W. 8th Avenue and built a new school which served grades 1 through 12. At Mr. Spady's suggestion, this school was named Carver School in honor of his former mentor. In 1951 the Board again addressed the need for more class rooms and the 1939 school was largely demolished and replaced with a new school. In 1957 black high school students moved to a new building south of W. Atlantic Avenue and took the name Carver with them. In 1958 the School Board in recognition of one its most illustrious principals named the school on N.W. 4th Avenue in his honor. Solomon Spady's wife, Jessie, was also a teacher, she was born in Florida in 1894. It is believed that the Spadys built the house at 170 N.W. 5th Avenue, however it may have been built on speculation in 1925 during the land boom and purchased by them in 1928. All of Mr. Spady's energy was dedicated to improving the educational standards of the segregated school system in which he taught. He often inspired his students by telling them of personal encounters with Booker T. Washington and George Washington Carver. Mr. Spady, with persistence, broad intellect and a passion to educate had a great influence in setting the goals and increasing the qual i ty of the schooling available to blacks, not only in Delray but in the State and County, in the decades preceding desegregation. The Spady house was a meeting place for intellectuals and community leaders, and his students and their parents were always welcome. The fact that he chose to live only a block from his first school and four blocks from his second tells us of his total commitment to be identified with his work and with the involvement of the community he served. Solomon David Spady retired in 1956 and returned to live in his native Virginia. 1. Narrative Reports of County Superintendents, 1916-1918. State Department of Education, Tallahassee, FL. Research Report - 55, September, 1967 Designation Report 170 N.W. 5th Avenue Page 8 V. Statement of Significance and Criteria for Designation Statement of Significance_ 170 N.w. 5th Avenue is a good example of the Mission Revival style of architecture as built in Delray Beach in the 1920s. It embodies most of the major features representative of the style and has not been altered to a major degree. Most importantly the Spady House has a high threshold of cultural significance. It is associated with the 33 year career of Delray's most prominent black educator and community leader from 1923 to 1956. It is important to the identity of the neighborhood to recognize this site and to make the community aware of its existence. It is appropriate that this building be listed on the Local Register of Historic Places for it is worthy of the protection and special consideration afforded by that designation. Criteria for Desiqnation Section 4.5.l(B) of the Land Development Regulations of the City of Delray Beach outlines the criteria for designating properties or sites to the Local Register of Historic Places. It suggests that at least one criteria from paragraphs (2) or ( 3 ) must be met to justify designation. Listed below are the criteria which relate to this property and justification for designation. ( 2 ) "A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) "Is associated in a significant way with the life or activities of a major person important in the city, state, or national history (for example, the homestead of a local founding family)." 170 N.W. 5th Avenue was the home of Solomon David Spady and his wife Jessie for more than 30 years. Mr. Spady was the most respected educator in the community during his tenure as teacher/principal of the only school for black students in the City. The house served as focal point for those interested in in education and community affairs during his ownership. ( 3) "A building, structure, site of district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria." Designation Report 170 N.W. 5th Avenue Page 9 -.--.- (a) "Portrays the environment in an era of history character.iz_ec:t nby _onE! or more distinctive architectural styles." This house is characteristic of the many Mission Revival style structures built in the community during the 1920s. It is appropriate to offer recognition and some protection to this structure because many of Mission Revival buildings have been demolished, or have been altered in such a way that the original style cannot be identified. (b) "Embodies those distinguishing characteristics of an architectural style period, or method of construction." The Spady House contains most of the distinguishing characteristics of the Mission Revival style. It is simple in design and ornamentation, and has a traditional flat roof with decorative parapets. The original openings are intact and the front porch has undergone little change. The bell shaped chimney cap and parapet sucppers are existing as is the rough stucco finish of the exterior walls. 170 N.W. 5th Avenue is worthy of being designated to the Local Register of Historic Places. It more than fulfills the criteria for designation as set forth in Section 4.5.1(B), which requires that only one criteria be met. 1! I· I~ ~ I I d I ~l JAN30RN FIRE INSURANCE MAP 1t__I.J JULY . 1926 El l N 11().; ~ N. W. 2.N-P l ~ ß ~ ,ç ~'I > ~ . . ULJ ~ . II : I " , t~~!:·~ ~ .... &:;1' , ,.~ ~ ,.,~ ~ p X, "'I ... &n q ~ I~ . .. Q X 1): ~ . ~ ~ . 'c. r¡J . Z . z 19 ~.. ~ ff~~"'~' [{F ŒJJì tI t:: · HV. -.;- . q~ . D .. r- ~... ! ~ ~ ~ ~ ~ CEO .. .. ~ ,>t: . sm~ ~ ... r21ì ~ I H~ ~!J : ~ ~ ~ ~¡~ rf11' WL ,(0 ~ o . , ,1\ WfJ . "..0 It Z [2lJ ~ , ŒÆJ,- , rtl? ~Th [Ð [J ~ > 'lit [ï) ~~ ..... þ. ' . \. . IJIC/ I,lf' c- D nIl 11111 ~ N.W. JU ~H 110.1 ....,. I ~ I ~ [i) ~ ~ ~ ~ Çij~~ 2.0 § . iJ ,,~ Ø1 .. . ~ ~l ~ ŒJI¡ , 8 ~ It IC " fJ " ~ ... .. BB ~ r ... ",,& NIII I.-u ~ - -- --~--~' r....,-·....." -',. - .----. .-....--.-.- -'----- ....... --- .-. ~- REAR ELEVATION .. j ~.. FIREPLACE AND CHIMNEY . - -~ -~---- SCUPPERS ON PARAPET (;-. .- ; : ...... a- i-" '.' ->. ,-~; . -, .~',-. ... fRONT PORCH OPENING SOUTH ELHATIOrl -. · c- .- ----- . ..__.. - ,--"-- . - _0 PARAPET BELL CURVE ON FRONT -. _.- ..- ---.- BELL TOVlER CHUtNEY CAP . . -- H- .. .~ - -- h ._- , NORTH ELEVATION r····· ._...~." '.....-. -'-~- , ~ - .. . . ~. --./ :"- - - - ~ '.- ~ ~ r' : ~-- .~- ~,; .- -- ; , ------- .__. -- ------- ..-- -~ SOUTH ELEVATION . - . - Designation Report 170 N.W. 5th Avenue Page 10 VI. Bibliography and Sources Delray Beach Design Guidelines, Delray Beach Historic Preservation Board, 1990 Resourceful Rehab, Metropolitan Dade County, Division of Historic Preservation, 1987 Narrative Reports of County Superintendents, 1916-1918. State Department of Education, Tallahassee, FL. Research Report - 55, September, 1967 Sun Sentinel, February 22, 1992 Delray Beach Historical Society Archives City Building Cards Sanborn Fire Insurance Maps, 1926 Oral History Documentation Ruth and Spencer Pompey file/y:spadyz · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM it ¡D.e . - MEETING OF FEBRUARY 7. 1995 ;SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 9-95 DESIGNATION OF SUSAN WILLIAMS HOUSE AS LOCAL HISTORIC .s.In DATE: FEBRUARY 1, 1995 This is second reading and public hearing for Ordinance No. 9-95 which designates the Susan Williams House located at 30 N.W. 3rd Avenue as a local historic site and adds it to the Local Register of Historic Places. The property consists of a single family home which was constructed in 1935 and remains a good example of the Bungalow style of architecture which was popular in Delray from the 1920s until the advent of World War II. The house is associated with Susan Williams, one of the City's early midwives, and is the only remaining building in Delray Beach to physically link the social and cultural history of the pioneer midwives to the community. The Historic Preservation Board conducted a public hearing on this matter on December 7, 1994, at which time the Board voted 6 to 0 to recommend the designation of the Susan Williams House as a local historic site. At first reading on January 17, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 9-95 on second and final reading. p~ 5-0 ref:agmemo16 t i I J ) " ORDINANCE NO. 9-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SUSAN WILLIAMS HOUSE, LOCATED AT 30 N.W. 3RD AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE II ZONING MAP OF DELRAY BEACH, FLORIDA, 199411 TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5. 1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, Douglas T. Williams, as duly authorized agent, has nominated the property described herein to be designated as a local historic site; and WHEREAS, a designation report was prepared concerning the designation of the property located at 30 N.W. 3rd Avenue to the Local Register of Historic Places; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on December 7, 1994, the Historic Preservation Board of the City of Delray Beach recommended that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: The Susan Williams House, located at 30 N.W. 3rd Avenue, Delray Beach, Florida; more particularly described as follows: 1 I ~ ) Lots 5 and 6, REVISED PLAT OF BLOCK 36, TOWN OF DELRAY, as recorded in Plat Book 5 at Page 191 of the Public Records of Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 7th day of February , 1995. ATTEST: ~~ (k Ñm'llJ!! ¡Ii IfiY !lili-!Ý . City C rk First Reading January 17, 1995 Second Reading February 7, 1995 - 2 - Ord. No. 9-95 I ! ~-,::- --- -.---- II. MAP -- -- ....-.. I I-- li. I - I- ~- ~ t-- . - - - f--- - - - - - - Ëì~ I- - - - - - - - - - tŒ3 - - - ~ ~~ II II IT T -2t D S. N.L 2M I 0 z r- I .. ~ '-- I.tJ '-- ::> - I;¡: '--- '::; ~ ~ Z r- - . )< - "''--- '-- - Ir- f-- :Ii CITY HAlL > '-- l - IT L d - T - H... 1ST ST. U. . _'ST I -.--J u ...¡ I ~ ~i" r-- OlD - ~ ~ t--- SOfOOl - -~ % .1--- f- Z z SQUA!~:: r-= - ~ - = - - "- II I TDlNIS IT III [ill] []JJ]ll]ill] 51 A.DIUW rrm ATLANTIC AVENUE L I ~ POlICE SOUTH ~rrmJIII]illIffiWI - Ij ..I-~ ..¡ OEPAA1VENi COUNlY '--- COURT >-- .. HOUSE c-- f--- ~~~ I--- - - r--- t---- ..... f0o- l-- - ¡-- t---- f-- I-- >-- ..-- o Z '-- I-- ~ :> 11~ - - r--- ..-- ~ I-- '-: ~ '11: . 1ST rmr rrm- ~ ITIÌÌD :'5T I-- ~ II ~ ~ . '" f- f-- - t-- I-- - - >--- )i t-- .--- .,¡ - Ji ~R - I ~rT iÔ II I .~ II I - - I- [ N I . ] ~ 30 N.W. 3RD AVENUE .........._ 00...".0«1 cr.r or DCJU. Y 8CA01" ~ . -- ~AI. ~ ¡¡q S!T1DI - Dl):' ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~DAVI: T. HAR EN, C~TY MANAGER ~ '.' THRU: D ANE DOMIN UEZ. DI~ DEPARTMENT OF PLANN~~T~~ONING FROM: PAT CAYCEß.-~ HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF JANUARY 17, 1995 FIRST READING OF AN ORDINANCE DESIGNATING THE SUSAN WILLIAMS HOUSE, 30 N.W. 3RD AVENUE, TO THE LOCAL REGISTER OF HISTORIC PLACES. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance designating a property as a local historic site. The property consists of a single family residence constructed in 1935 and located at 30 N.W. 3rd Avenue. The legal description of the property is Block 36, Lots 5 and 6. B A C K G R 0 U N D: The building was constructed in 1935, the architect is unknown. The builder was Isaiah Bruin a well known contractor who built a variety of residential structures in the City during the 1920s and 1930s. The building is a good example of the Bungalow style of architecture which was popular throughout Delray from the 1920s until the advent of WWII. The building retains most of its original architecturally defining elements, including the multi-gabled roof, the prominent front porch and massive porch piers, most of the original multi-paned windows are existing. As the home of Susan Williams, one of the City's early midwives, the house has considerable cultural significance. Mrs Williams's original homesite was located at the southwest corner of S. w. 4th Street and S.W. 4th Avenue, after its demolition she moved to the subject property which was owned by her daughter Agnes Munnings and her husband Cleveland. Though she only resided in the house during the last four year of her life, it is the only remaining building in the City to physically link the social and cultural history of the pioneer midwives to the community. It is important to the identity of the neighborhood to recognize this site and to make the community aware of its existence. It is appropriate that this building be listed on the Local Register of Historic Places for it is worthy of the protection and special consideration afforded by that designation. The request for designation is being made by Douglas T. Williams who has power attorney from the owner, Agnes Munnings. HISTORIC PRESERVATION BOARD CONSIDERATION: The Historic Preservation Board formally reviewed the designation report at its meeting of November 2, 1994 and made positive findings to LDR Section 4.5.1(B),(2)(d) & (e) and and 4.5.1(B)(3)(a) and (b), Criteria for Desiqnation of Historic Sites or Districts, and set a date for a Public Hearing to allow the public to comment on the designation. Pursuant to Section 4.5.1(C) Desiqnation Procedures, the Public Hearing was held on December 7, 1994. The Board voted 6-0 to recommend that the City Commission approve the ordinance designating the Susan Williams House as a Local Historic Site. R E COM MEN D E D ACT ION: By motion, approve on first reading the ordinance designating the Susan Williams House, 30 N.W. 3rd Avenue (Block 36, Lots 5 and 6) to the Local Register of Historic Places. Attachments: * Letter of approval for designation from Douglas T. Williams. * Designation Report. . file/y:munnings . ~-~- MEMORANDUM - _'.__ _~ .____h__ TO: Historic Preservation Board DATE: October 18,1994 Delray Beach FROM: Douglas T. Williams '>-, _ --J . RE: Historic Designation of the Munnings House I do feel that the Munnings house on northwest third avenue meets the requirements to be designated an Historical Site. The American Bungalow meets the design guidelines that are set forth by the city. The history of the house (which, at ona,Jime, was the home of the city's only mid-wife) is certainly noteworthy. I have been a resident of Delray Beach for most of my life and have experienced and been a part of the many changes that have occurred. I do realize the importance of preserving the rich, cultural, historical heritage in all sectors of the city. I am, therefore asking that the Historical Preservation Board present this house, which is located 30 N.W. 3 Avenue, Delray Beach, Florida, to the city commission for consideration of being designated to the Local Register as an historic site. . -.~ -"!:-- DRAFI DES I G N A T ION R E P 0 R T HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA / ~ / I , I . ~~,:·~\::·~.:(:~~:-::~~:~·~;·;J.;~l~~:··, -..~' .~'.' THE SUSAN WILLIAMS HOUSE 30 N.W 3RD AVENUE CONSTRUCTED 1935 - Designation Report 30 N.W. 3rd Avenue Page 2 . ~ '""!!::-- DESIGNATION REPORT: 30 N.W. 3RD AVENUE TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III. ARCHITECTURAL INFORMATION IV. HISTORICAL INFORMATION V. STATEMENT OF SIGNIFICANCE VI. BIBLIOGRAPHY AND SOURCES VII. PHOTOGRAPHY Report prepared October 1994 by Vera Farrington, Delray Beach Historic Preservation Board Member and Patricia Cayce, Historic Preservation Planner, City of Delray Beach. . Designation Report 30 N.W. 3rd Avenue Page 3 I. GENERAL INFORMATION Location: 30 N.W. 3rd Avenue, De1ray Beach, Palm Beach County, Florida Date of Construction: 1935 Architect: Unknown Builder: Isaiah Bruin, originally from Quincy, Florida Present Owner: Douglas T. Williams, 118 N.W. 8th Avenue, De1ray Beach FL 33444. Present Use: Residential, single family Present Zoning: R-1A, Single Family Residential Legal Description: Lots 5 & 6 of Block 36, Town of Delray, originally Town of Linton Property Control Number: 12-43-46-16-01-036-0050 Classification for Designation: Architectural significance, good example of bungalow style. Cultural Significance, home of one of the first midwives in the community. . Designation Report 30 N.W< 3rd Avenue Page 4 ~.- ~-- -- -------- II. MAP n_·_ _ I t- 1 I I-- .r- Id I-- I--~ - f< .c: - -<f-- - ~ ~ f-- - =1~ f-- ~ - f-- f-- - - - f-- >-- ,-- tIS f-- >-- n ~ " r I rrr T 2ND ST. N.£. :lNI I I 0 z c:::: I I '" - W I-- ::J f- 'x I--- ¡;. Z ... - - ... ~ )Ó ~,- f-- Z CITY HA1.L > l t=IT L 'd I N... 1ST ST. N.E. 1ST I I ~ I-J I 1 ~: ~i~ - - ~ ~=== Eti. OlD I--~ SOiOOl _ z Z z :......- SQU1-"!:: = - I-- = r-- t--- - 1\ I 11:N} IS [~ . III rrm ffiIIIIIill] S1 Þ.DIU~ ITill ATLANTIC AV£NUE L r ~ POLICE SOUlH ~OJJJ[ J]PJ]]t nIT - ~ ~. ..¡ OEPAA1!JENT CúUNlY I-- COURT ~ .c:~ HOUSE f-- I-- ~[g- I-- ---- ~ - ~ h _ ~ - I-- - I-- - I-- - !i . ZL- .- f-- ~ N -I-- II~ ~ - ~I-- I '1Ä. . 1ST ST. II) S.£. -1ST f--- ~ II ill I 1/11 OJJII) = ~ ~ ... - f-- - I-- - i--- - ~ )Ó ¡-- - - cñ ~ rT ~=r ~.H ~ I--- m .~ I I I I I I ¡-- I.- ~ [ N I ] ~ 30 N.W. 3RD AVENUE "j."1:W; 00' t.l1\I(IC1 a:-r 0' ÞCM y .tA04. A. .. -- ~AI. IV.$E WJO $tPDI -- . ----c-... Designation Report 30 N.W. 3rd Avenue Page 5 -_._>._-~_. III. Architectural Information The house at 30 N.W. 3rd Avenue is a good example of the South Florida bungalow style as built in Delray Beach during the 1920s and 30s. Many of these homes were built from pre-designed plans purchased from publications such as the Horne Owners Service Institute catalog and the AIA sponsored Architects Small House Service Bureau, or from local lumber companies. But whether designed by an architect, or constructed by local builders from pre-designed plans, they all share the basic design elements of the bungalow. Walls: Horizontal wood or stucco exterior facing. Roof: Low pitched gable roof with the ridge either perpendicular or parallel to the street; often with multiple gables. If the primary ridge is perpendicular to the street, the front porch is usually roofed with a separate offset gable. Roofs often have exposed rafter tails. Porch: Porches are prominent. They are usually deep and extend the full width of the facade. The porch roof is supported by piers. The design of the pier supports is usually unique to the house and varies depending on the creativity of the builder. Windows: Double hung or casement, multi-paned and arranged for cross ventilation Plan: Usually rectangular and often modest in scale. The Williams House contains many of the classic bungalow features. There are two gables at right angles to the street and an opposing gable roof covering the front porch. The porch roof is supported by 2 traditional massive piers which are broken at the middle with a molded cap. Above the cap the piers taper gradually to the porch roof's supporting beam. Exposed rafters are visible throughout. Original casement windows with a 4 over I pane configurations are a feature of the front facade adjoining the porch. All of the original multi-paned windows are in place and most of the functioning wood shutters are existing. The house originally had wood siding and possibly a wood shingle trim. However, the facing has been covered with vinyl siding so it is not possible on visual inspection to determine what style of wood siding was used. The house has a composite shingle roof. The foundation is a combination of pier and cement block. .. · Designation Report 30 N.W. 3rd Avenue Page 6 ~"""!;:.-. IV. Historical Information The house is located on Lots 5 & 6 of Block 36. This block was subdivided into 16 lots when the Town of Linton was platted in 1895. In 1913 the block was replatted by the owners, J.H. Jackson and W.H. Brady; 39 smaller lots were created out of the original 16. Lots 5 and 6, and most of the replatted lots were purchased by George H. Green and his wife and the balance were owned by W.H. Brady and his wife. By 1922 there were 14 structures on the block including the Primitive Baptist Church on the northeast corner, and two grocery stores fronting on W. Atlantic Avenue. When the Town of Linton was platted all of the streets had names, the change from names to numbers was adopted in 1924. The streets which bounded Block 36 were as follows: on the east, N. Beatty Street (N.W. 3rd Avenue) ; on the west N. Larson Street (N.W. 4th Avenue); to the north, Miller Street (N.W. 1st Street). Though the historic house was not owned by Susan Williams, she resided there during the last 4 years of her life. The property will be listed on the Local Register as the Susan Williams House. Susan Currie Williams was born in the Bahamas in 1870. In about 1898 she and her husband and their small daughter Agnes, boarded the Sir Charles Orr and set sail for their new life in the Town of Delray. Susan Williams had been trained as a midwife in the Bahamas and it is possible that she had been asked to come here by the Bahamian settlers who had established themselves in the community. Her services were soon in demand, both as a midwife and general nurse practitioner. The town did not have a resident doctor until J.R. Cason set up practice in 1905, ten years after the first settlers arrived. Medical facilities were available in West Palm Beach but one had to travel by train (Florida East Coast Railroad) to get there. A competent and caring midwife was essential to the community, as babies did not time their arrivals to conform to train schedules. Nurse "Susie" Williams delivered black and white babies alike and gave other medical attention as needed. As medical facilities became available and doctors moved to the City, Susan was called upon by the medical profession for home nursing. Tall, slender and imposing in her white uniform and dark cloak, she is remembered even today, by those who recall seeing her striding purposefully along with her black medical bag in hand. The original Williams homesite, now demolished, was located at the southwest corner of S.W. 4th Street and S.W. 4th Avenue. Susan William's daughter, Agnes, marrcied Grover Cleveland Munnings in 1924. Mr and Mrs Munnings purchased Lots 5 & 6 and built the bungalow in 1935. At the age of 80 Susan Williams suffered a stroke and moved 30 N.W. 3rd Avenue to be with her daughter and son-in-law. After a long and distinguished career in public service Susan Williams died 4 years later in 1954 at... the age of 84. Designation Report 30 N.W. 3rd Avenue Page 7 ~ .- ------ V. Statement of Siqnificance and Criteria for Desiqnation Statement of Significance The house at 30 N.W. 3rd . Avenue, also known as the Susan Williams House, is a good example of a modest residential bungalow as built in Delray Beach during the 1920s and 30s. The house presents the major physical elements typical of bungalow construction. With the exception of the vinyl siding which has been installed over the original wood siding, most of the bungalow's defining character remains in tact. Additionally, for the last 4 years of her life, the bungalow was the home of Susan Williams one of Delray Beach's first midwives. It should be noted that the original Williams homesite has been demolished, as have many significant buildings in the historic black community. It is appropriate that this building be listed on the Local Register of Historic Places for it is worthy of the protection and special consideration afforded by that designation. Criteria for Designation Section 4.5.1{B) of the Land Development Regulations of the City of Delray Beach outlines the criteria for designating properties or sites to the Local Register of Historic Places. It suggests that at least one criteria from paragraphs (2 ) or (3) must be met to justify designation. Listed below are the criteria which relate to this property and justification for designation. (2 ) lOA building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) "Is associated in a significant way with the life or activities of a major person important in the city, state, or national history (for example, the homestead of a local founding family)." The house at 30 N.W. 3rd Avenue was the home of Susan Williams, one of the first midwives in the City,. from 1950 until her death in 1954. For 10 years after the first settlers arrived 1895 the community had no doctor, the nearest medical assistance was in West Palm Beach. The presence of a competent midwife was not only significant but essential to both the black and.white citizens of the community. Because the original Susan Williams homesite has been demolished, it is appropriate to recognize the house she occupied during the last years of her life. . Designation Report 30 N.W. 3rd Avenue . "'F ã""~e 8 (3 ) "A building, structure, site of district is deemed~-o-ha V~ architectural or aesthetic significance if it fulfills one or more of the following criteria." (a) "Portrays the environment in an era of history characterized by one or more distinctive architectural styles." This house is characteristic of the many modest bungalows built in the community during the 1920s and 30s. It is appropriate to offer recognition and some protection to this structure because many of the early bungalows have been demolished, or have been altered in such a way that the original style cannot be identified. (b) "Embodies those distinguishing characteristics of an architectural style period, or method of construction." The Susan Williams house contains most of the distinguishing characteristics of the bungalow style. It has a double gabled roof with an opposing gable over the porch roo f . Exposed rafter tails are us ed throughout the roof construction. The front porch is prominent and its roof is supported with massive piers. The plan of the house is rectangular and the multi-paned windows are massed for cross ventilation. 30 N.W. 3rd Avenue is worthy of being designated to the Local Register of Historic Places. It more than fulfills the criteria for designation as set forth in Section 4.5.1(B), which requires that only one criteria be met. .. Designation Report 30 N.W. 3rd Avenue Page 9 ~~-- VI. Bibliography and Sources Delray Beach Design Guidelines, Delray Beach Historic Preservation Board, 1990 Resourceful Rehab, Metropolitan Dade County, Division of Historic Preservation, 1987 City Building Cards Property Assessors Records, 1913 Sanborn Fire Insurance Maps, 1926 & 1941. Oral History Documentation: Douglas Williams, Grandson Agnes Munnings, Daughter . - - - --- -- ; - - ~ -. - . ~.~.- -- - - -. , .. ~ .. -. . ~~ ~ ~ ~ !,J <\ , . -. - -~..;. . . . ~~- - · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: .~GENDA ITEM I /,f. A . - MEETING OF FEBRUARY 7. 1995 'FIRST READING FOR ORDINANCE NO. 12-95/0PEN SPACE " REOUIREMENTS IN THE CENTRAL BUSINESS DISTRICT " DATE: FEBRUARY 3, 1995 This is first reading for Ordinance No. 12-95 which amends the Land Development Regulations by reducing open space requirements within the Central Business District ( CBD) . The amendment was initiated by the City Commission on November 11 1994, at the request of the Community Redevelopment Agency 1 based on the premise that the current 25% open space requirement is inappropriate for the downtown area, especially along Atlantic Avenue where buildings extend to property lines. Please refer to the staff documentation for further analysis. The Planning and Zoning Board reviewed this item on January 23, 1995. The initial proposal was to delete the minimum open space requirement entirely from the CBD, leaving it to the approving board (SPRAB) to determine on a case by case basis if any open space should be provided. While the Board supported the deletion for ·that area lying within the original DDA boundaries, they felt a minimum open space requirement of 10% should continue for the rest of the CBD. The Board voted unanimously to recommend approval of the modified amendment. Recommend approval of Ordinance No. 12-95 on first reading. If passed, public hearing on February 21, 1995. Ç/fI¿£I] ð77 /.sY" ~ - .5-0 w/~ & ~~~ ~ IE WA{d!¡¿ tJ80 ~ ~ 6ð :zeu) Q.,o, p.a.d- ot ~ {W..GL. ref:agmemo14 11 I ¡ ) , FAILED ON FIRST READING - 2/7/95 ORDINANCE NO. 12-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT" , SUBSECTION 4.4.13(F) , "DEVELOPMENT STANDARDS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING SUBPARAGRAPH 4.4.13(F) (2) TO REDUCE THE MINIMUM OPEN SPACE REQUIREMENT WITHIN THE CBD ZONING DISTRICT; AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX" , BY AMENDING THE MAXIMUM LOT COVERAGE REFERENCE FOR THE CENTRAL BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 23, 1995, and has forwarded the change with a recommendation of approval by unanimous vote; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", ~rticle 4.4, "Base Zoning District", Section 4.4. 13, "Central Business (CBD) District.., Subsection 4.4.13(F), "Development Standards", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) Development Standards: 1Ø//j~~tttø¢//tØ//t~he development standards set forth in Section 4.3.4 shall apply, except as modified below'/~~¢/'Ø¡¡Ø~t¢q _~_¡¡/_¡_Ø/_~~¡ý: (1) Height: The CBD is a geographic area in which exceptions to height regulations are allowed. ..L2.l Qpen Space: A minimum of 10% non-vehicular open space shall be provided: however. within the area encompassed by the boundaries of the Downtown Development Authority as oriqinally established on March 22. 1971. th~re shall be no minimum open space requirement. Notwithstandinq the provisions of this section. the body acting upon a development FAILED ON FIRST READING - 2/7/95 t I i ) '-. FAILED ON FIRST READING - 2/7/95 application within the CBD may require that open areas. including but not limited to courtyards. plazas. and landscaped setbacks. be provided in order to add interest and provide relief from the building mass. The original boundaries of the Downtown Development Authori ty are generally described as follows: Còmmencing at a point where Northeast 1st Street intersects with the Intracoastal Waterway. run west along Northeast 1st Street to Swinton Avenue. then south along Swinton Avenue to the intersection of Swinton' Avenue with the east-west alley south of Atlantic Avenue in Block 69 (as in Plat Book 2. Page 43) and Block 77 (as in Plat Book 1. Page 3). then east along the alley to the intersection with the north-south alley in Block 77. then south along that alley to Southeast 1st Street. then east along Southeast 1 st Street to the intersection with the north-south alley in Block 117 (as in Plat Book 1. Page 3) east of Southeast 6th Avenue. then north along the alley in Block 117 to the northwest corner of Lot 18. Block 117. then east along the south line of Lot 17 of Block 117. and the south line of Lots 19. 45. 57 and 92 of Palm Square. an unrecorded plat located in Block 125 and the North Half of Block 133. as in Plat Book 1. Page 3}. to the Intracoastal Waterway. then north along the Intracoastal Waterway to the Point of Beginnin9. Section 2. That Chapter Four, II Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base District Development Standards", Subsection 4.3.4 (K), "Development Standards Matrix", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Maximum Lot Coverage Central Business District (CBD) f1Y ill Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 2 - Ord. No. 12-95 FAILED ON FIRST READING - 2/7/95 , ) FAILED ON FIRST READING - 2/7/95 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 12-95 FAILED ON FIRST READING - 2/7/95 of{ 811/1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: Dr¿;;~HA(j;~~ MANAGER FROM: DIANE DOMINGUEZ, DIRECTOR OF PLANNING & ZONING SUBJECT: MEETING OF FEBRUARY 7, 1995 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) REDUCING OPEN SPACE REQUIREMENTS IN THE CBD ( CENTRAL BUSINESS DISTRICT) ZONING DISTRICT. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to the LDRs, regarding open space requirements in the CBD zoning district. The affected LDR sections are 4.4.13(F), Central Business District, Development Standards, and 4.3.4 (K) , Development Standards Matrix. B A C K G R 0 U N D: This amendment was initiated by the City Commission on November 1, 1994, at the request of CRA Director Chris Brown. The attached staff . report provides the background and analysis of the request, including the recommendations of the Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA). PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of January 23, 1995. The amendment proposed to delete the minimum open space requirement (currently at 25%) for the entire area zoned CBD, replacing it with language that allows the approving body (i.e. SPRAB) to determine on a case by case basis if any open space should be provided. The Board supported the deletion of any minimum open space requirement within the original DDA area (roughly, between N.E. 1st st. and S.E. 1st St. , between Swinton Avenue and the Intracoastal Waterway) . However, they felt that a minimum requirement of 10% should apply to the remainder of the CBD. It was the Board's position that a minimum requirement would ensure that some open area was being provided, and that 10% was more City Commission Documentation LDR Amendment to Open Space Requirements in the CBD Page 2 realistic in a downtown setting than the current 25% requirement. The Board voted unanimously to recommend the amendment as modified. PRO P 0 SED A MEN D MEN T The amendment, as modified by the Planning and Zoning Board's recommendation, is as follows: * Amendment to Section 4.4.13 - Central Business District (F) Development Standards: Iri áQtQtltløri tø t!he development standards set forth in Section 4.3.4 shall apply, except as modified below I t~é tøIIøwlri~ ;~áII áI;ø ápplý: (2) Open Space: A minimum of 10% non-vehicular open space shall be provided; however, within the area encompassed by the boundaries of . the Downtown Development Agency as originally established on March 22, 1971, there shall be no minimum open space requirement. Notwithstanding the provisions of this section, the body acting upon a development application within the CBD may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. * Amendment to Section 4.3.4(K) - Development Standards Matrix - Nonresidential Zoning Districts For the Central Business District zoning, under the column entitled "Maximum Lot Coverage," replace the number "(3)" referring to the 25% open space requirement, with the number "(1)", which instructs users to refer to the individual zoning district ordinance for the specific regulation. R E COM MEN D E D ACT ION: By motion, approve the amendment to Sections 4.4.13 (F) and 4.3.4 (K) of the Land Development Regulations as proposed herein. Attachment: * P&Z Staff Report & Documentation of January 23, 1995. o:r:CCOSCBD.DOC , ..; . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 23, 1995 AGENDA ITEM: V. B. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REDUCING THE OPEN SPACE REQUIREMENTS IN THE CBD (CENTRAL BUSINESS DISTRICT). ITEM BEFORE THE BOARD: The item before the Board is that of making a recomniendation to the City Commission regarding an amendment to the Land Development Regul~tions ( LDRs) . þ - . The affected sections are 4.4.13(F), Central Business District, Development Standards, and 4.3.4(K), Development Standards Matrix. . -- - BACKGROUND: This amendment was initiated by the City Commission on November 1, 1994, at the request of CRA Director Chris Brown. The basis for the request was that the current minimum open space requirement of 25% is not appropriate for the downtown area, especially along Atlantic Avenue where buildings extend to - . property lines, leaving little or no ability to provide open space. ANALYSIS: Prior to 1990, there was no minimum open space requirement in the CBD. With the adoption of the LDRs in 1990, a 25% open space requirement was added to a number of zoning districts, including the CBD. Planning staff and CRA staff have agreed for some time that the 25% requirement is impractical for a downtown setting. In the original Downtown Development Authority (DDA) area--one block north and south of Atlantic Avenue from Swinton Avenue to the Intracoastal--structures can be built without front, rear, or side setbacks. The intent of these reduced standards is to encourage dense, compact, development that i~ urban in nature. The 25% open space requirement seems contrary to that intent, and most properties in the original DDA area do not meet that standard. The proposed amendment would delete the 25% minimum requirement for the caD and add the following language to Section 4.4.13 (F), CaD Development Standards: v.a. . . . \.. P & Z Board Memorandum Staff Report LDR Amendment RE: Open Space Requirement in the CBD Page 2 (2) Open Space: There is no minimum open space requirement in the CBD zoning district. However, the approving body acting upon a development application may require the provision of areas such as courtyards, plazas, landscaped setbacks, etc., in order to add interest and provide relief from building mass. The Development Standards Matrix will also be amended to delete the 25% open space requirement from the column titled "Maximum Floor Area." As a result of this amendment, the buildings along Atlantic Avenue would become conforming with respect to open space. The amendment would allow the accommodation of J the type of dense- urban development that is appropriate in a downtown setting, and would delete an impediment to future redevelopment of the area. While no minimum open area is established, the approving board has the ability to require landscaped and open areas where appropriate. -- As written, the amendment would apply to all property zoned CBD, including those areas north and south of the one-way pairs, and east of the Intracoastal. In reality, however, properties outside of the original DDA area would continue to be subject to code requirements that will ensure the provision of· a certain amount of open space. Those properties must provide a 10' building setback along the front, street side, and rear, which , will provide for some landscaped areas. Addi tionally, most developments north and south of the downtown core have their own parking lots, which by code must have perimeter and interior landscaping. And as provided in the proposed amendment, additional open space could be required by the approving board where appropriate. REVIEW BY OTHERS: The CRA Board considered this item at its meeting of December 8, 1994, but deferred taking action based upon concerns over whether or not it should apply to the entire CBD, or only to the original DDA area. That discussion was continued to the mee~ing of January 12, 1995. At that meeting the Board discussed the potential for redevelopment of Pineapple Grove Main Street, and also noted that many buildings in the CBD district east of the Intracoastal do not currently conform to the 25% requirement. Following that discussion the consensus of the Board was that the 25% minimum should be deleted from the entire CBD. They voted unanimously to recommend approval of the amendment as proposed. . . , . . P & Z Board Memorandum Staff Report LDR Amendment RE: Open Space Requirement in the CBD Page 3 qthe DDA Board considered the amendment at its meeting of January 18, 1995. The members supported the deletion of the minimum open space requirement from the original DDA area and along Atlantic Avenue east of the Intracoastal. They stated that the 25% should continue to apply to the remainder of the CBD, but that there should be some ability to waive the requirement where appropriate. RECOMMENDED ACTION: By motion, approve the proposed amendment to the Land Development Regulations as follows: . ~ ' . - - - . * Add Section 4.4.13 (F)(2) to eliminate the 25% minimum open space requirement from the CBD zoning district; and, * Delete the 25% minimum open space requirement for the CBD district from the Development Standards Matrix -[Section 4.3.4(K)] . Report prepared by: Diane Dominguez T:PZCBDOS.DOC . . DK rÞJ [ITY DF DELRAY BEA[H . ("\ ....., ,.! CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 4071278-4755 Writer', Direct Line: (407) 243-7091 DELRA Y BEACH f L 0 I I D A tIad MEMORANDUM AlJ.AmericaCity , III J! DATE: January 27. 1995 1993 TO: David T. Harden, Ci~ Manager ~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Fines for Parking Violations Attached is a draft of a proposed ordinance increasing the City's parking fines to be consistent with the amounts dis~us~ed..~y ~e City Commission on the November 8th .. _.~ worksession. I have also made other changes to the ordinance. For example the proposed ordinance modifies section 71.058 by eliminating reference to the parking lot east of the Andrews A venue Fire Station, which is no longer in existence, and by including reference to the Holiday Inn North parking lot which previously had not been listed. The ordinance further amends the following sections: (1) Section 71. 999(B) sets the fines for violating the City's parking ordinances at $20. (2) Section 71.999(C) has been added to reflect the increased fine of $30 for parking to close to an intersection or fire hydrantllane. (3) Sections 71.999(D) and (E)(4) have been amended to provide for a fine of $200 for . parking in a handicap designated parking space. , (4) Section 71.999(E)(2) has been amended to provide for a fine of $20 for parking permit violations. (5) Section 71.999(E)(3) has been amended to provide that the fine for violating Sections 71.061(D) and (E) concerning the breaking or destroying of parking meters will be governed by the Florida Criminal Mischief Statute. (6) Section 71.999(E)(5) has been deleted since it is covered in Section 71.999(E)(2). If this ordinance meets with your approval please put it on the City Commission agenda for their consideration. i Please do not hesitate to call if you have any questions. Pev}) l &,:&é1::Ul" (7 cc: Susan A. Ruby, City Attorney ¡sf ;/ú Major Lincoln, Police Department ; @ Printed on Recycled Paper /0.8. · ORDINANCE NO. 13-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 71, "P ARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, SECTION 71.058, "COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES", TO COME INTO CONFORMITY WITH OTHER CODE SECTIONS; AND BY AMENDING SECTION 71.999, "PENALTY", TO PROVIDE FOR A CHANGE IN PARKING FINES; 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 its parking regulations to conform to other code sections; and WHEREAS, the City C.o~ssion of the City of Delray Beach, desires to change the amount it currently charges for parking fines. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, "Parking Regulations", Section 71.058, "Cost of Parking or Standing Vehicle in Certain Metered Spaces", of the Code of Ordinances of the City of Delray Beach, is hereby amended, by amending Section 71.058(A), to read as follows: Section 71.058 COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES. (A) The cost of parking or standing a vehicle in a parking meter space located in the Holiday Inn North parking lot, east of the :\ftàre'J.s :\veooe Fire StatioA, and in the parking lots at Atlantic Dunes Park, Anchor Park, and Sandoway Park shall be $.75 per hour. The cost of parking or standing a vehicle in a parking meter space located along State Road A-I-A shall be $.75 per hour. (B) The only coins which the meters accept are United States quarters. ('80 Code, Sec. 26-67(a), (b» (Ord. No. 21-81, passed 4/21/81; Am. Ord. No. 46-81, passed 6/23/81; Am. Ord. No. 93-87, passed 11/10/87; Am. Ord. No. 14-90, passed 4/24/90) Penalty, see Sec. 71.999 Cross-:reference: Parking on A-I-A, see Sections 71.040 through 71.042 . . . - Section 2. That Chapter 71, "Parking Regulations", Section 71.999, "Penalty", of the Code of Ordinances of the City of Delray Beach, is hereby amended to read as follows: Section 71. 999 PENALTY. (A) Whoever violates any provision of this chapter for which another penalty is not already otherwise provided shall be subject to the penalty provisions set forth in Sec. 70.99. (B) The civil penalties shall be set out in the complaint and parking ticket and shall be in the amount of $W $20 for each violation of this chapter. except as otherwise set forth in this section.; howe....er, &An additional $10 civil penalty shall be imposed unless the amount designated on the complaint and parking ticket is paid within five (5) calendar days fÌ"om the date the complaint and parking ticket was affixed to that motor vehicle. ('80 Code, Sec. 26-78) (Ord. No. 80-80, passed 12/16/80; Am. Ord. No. 101-87, passed 12/22/87) (Q The fine for the traffic violations of parking too close to an intersection and parking too close to a fire hydrant or in a fire lane shall be in the amount of $30 for each violation. @ ~ Any person violating the provisions of Sec. 71.028 shall be subject to a fine of not less than $100 nor more thatt $250, $200 as permitted under F.S. Section 316.008(4) and 318.18(7). (D) Any person 'Rolating the pr-o'lisions of SeetioRs 71.0~0 throHgh 71.012 skall be subjeet to a fine in an amount Rot less thatt $15 for eaeh violation. ('80 Code, See. 26 (2) (Ord. No. 80 80, passed 12/16/80) (E) Parking Meters. (1) The violation of any provision contained in Sections 71.055 through 71.060 and Sec. 71.062 shall result in the penalties set forth in division (A) above. ('80 Code, Sec. 26-71(d)) (2) Any person violating the provisions of Sec. 71.061(A)~.m1 ef (C)~ (Q1 or íID shall be subject to a fine under the terms and conditions as set forth in SeetioRS 71.095 throügh 71.102 and Sec. 71.999(B) of this chapter~; MY person in ·.iolation of See. 71.061(B) shall be subjeet to a fine iB the amot:Hit of$10. ('80 Code, Sec. 26-71(a)) (3) Any person violating the provisions of Sec. 71.061@ and an shall be subject to iA. an a fine amount not less thaø $290 and Bot more than $1,000. the provisions of the Florida Criminal mischief Statute §806.13. - 2 - ORD. NO. 13-95 , . . . - ('80 Code, Sec. 26-71(b» (4) Any person violating the provisions of Sec. 71.061(F) shall be subject to a fine in the 8ft amount of $200 for each violatÍon. not less than $50 for the :Brst vielation~ a fine iB the amount of Bot less tB8:fl $75 for the seoond violatioß~ &:Ad a fiBe in the amount of Bot less th8:fl $100 or the B1ftX:Ìftl1:1IB penalty permitted by law for the third or more ·AolatioB. ~ ."&ty persoB violatiag the pr·misioB5 of 8eo. 71.061(G) or (H) shftll be subject to a fine in an amount not exeeeding $50, Bor less than. $20. ('80 Code, 8eo. 26 71(c)) (Ord. No. 21 81, passed 1/21/81~ fJÐ. Ord. No. 62 85, passeå 6/25/85~ :\m. Ord. No, 34 87, passed 4/14/87) 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 to be declared invalid. Section 4. That all ordinances or parts of ordinances which conflict herewith be and the same is hereby repealed. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading prldin.ord - 3 - ORD. NO. 13-95 · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i /Pr'(?'- MEETING OF FEBRUARY 7. 1995 FIRST READING FOR ORDINANCE NO. 10-95 DATE: FEBRUARY 3, 1995 This is first reading for Ordinance No. 10-95 which changes the Future Land Use Map designation from General Commercial to Medium Density Residential for a two acre component of an overall 11.11 acre site. The subject property is located on the east side of North Federal Highway, immediately south of the Delray Swap Shop, and was formerly known as Marina Cay. When the Marina Cay SAD was established, a two acre IIfloatingll tract for commercial development was included. A commercial land use designation was applied in order to accommodate this aspect of the proposed mixed use development. A multi-family development proposal is now anticipated for this property. Hence, the Future Land Use Map needs to be amended. The Planning and Zoning Board reviewed this item at public hearing on November 2 1, 1994, and voted 6 to 0 to recommend that the FLUM amendment be approved. Recommend approval of Ordinance No. 10-95 on first reading. ~/O .. ~~ ... ref:agmemo21 , f .' , ) 1 . )" ORDINANCE NO. 10-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM GENERAL COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL; SAID LAND BEING LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 2,900 FEET SOUTH OF GULFSTREAM BOULEVARD; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map in the Comprehensive Plan for the City of Delray Beach, Florida, as General Commercial; and WHEREAS, at its meeting of November 21, 1994, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted 6 to 0 to recommend that the Future Land Use Map designation be changed from General Commercial to Medium Density Residential (5-12 du/ac); and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the FLUM designation of Medium Density Residential (5-12 du/ac). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: The General Commercial land use plan designation (comprising two acres) was placeð on the 11.11 acre site as a floating designation having no fixed land location. The property description of the overall 11. 11 acre site is as follows: All of the Nor±h 324.04 feet of Lot 38, Section 9, Township 46 South, Range 43 East, lying East of the East right-of-way line of the Federal Highway, being State Road No.5, and extending to the Intracoastal Waterway, lying and being in Palm Beach County, Florida, as per Plat recorded in Plat Book 8, at Page 40, of the Public Records of Palm Beach County, Florida. , I i ) Together With: Tract "A", Snow Hill, according to the Plat thereof recorded in Plat Book 21, Page 83, of the Public Records of Palm Beach County, Florida. Section 2. That the Future Land Use Map designation of the subject property in the Comprehensive Plan is hereby changed from General Commercial to Medium Density Residential. Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)4. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall become effective as of the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. 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 - 2 - Ord. No. 10-95 ) . . I ~ì I -I - 1-1 j- I Il_: _AI...--\... J~. ~ / ~J Ic [l~ I I I'-~ ~ ~ ~ J S < ~ ~ ~ ~\..~t>-- ~O« ~ . : ~ ~ ~Cj Ü I ~ c..~ ~ I 1:.J .r J ~~ fIr ~ ~ -- ~ ..., }!d J ~ I ~ ---j I ~I h;Il ~" I I ~ I I-J ~~ .::,.@ - i ~ .. ..- ~ w t:= í1 1 ::;¡ : I~ @r.= 1 j & J I~ ' '" . 1 rfII= _dfM-J ~.;rr¡ i5 ~ - I I I 1 ~~ !Q J __= 0 ~ ~_, I I I (J I , I' / I , , , ,~ g 7 A ~ I T I TIll" ,} - J ~ , J I f-- II , I ~ -- I I.....-.-JI , J j j I ---J , " ... N -'=- - MARINA CAY .~=::r... F.L.U.M. AMENDMENT _.11f(ItT1J. ~ _ smÐI - . b1. C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARD N, CITY MANAGER ~ \ . ~ THRU: DI . ING DEPARTMENT ZONING FROM: SUBJECT: MEETING OF FEBRUARY 7, 1995 FIRST READING OF ORDINANCE NO. -95 - SMALL SCALE LAND USE MAP AMENDMENT FROM GENERAL COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC FOR 2 ACRES OF AN 11.11 ACRE SITE (FORMERLY KNOWN AS MARINA CAY). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance changing the Future Land Use Map designation from General Commercial to Medium Density Residential (5-12 du/ac). The proposed amendment comprises 2 acres of an overall 11.11 acre mixed use development known as Marina Cay. The subject property is located on the east side of North Federal Highway, approximately 2,900 feet south of Gulfstream Boulevard, immediate¡y south of the Delray Swap Shop. BACKGROUND: The proposal is to change the land use designation of the 2 acre General Commercial component of the overall 11.11 acre parcel to Medium Density Residential. The balance of the property has a Medium Density Residential land use designation. The 2 acre General Commercial designation is a "floating" designation with no specific legal description. The designation was applied in order to accommodate the commercial component of the Marina Cay mixed use development. A request to rezone the overall 11.11 acre parcel from SAD (Special Activities District) to RM (Medium Density Residential) is being processed concurrently with the FLUM Amendment and is discussed in a separate Staff Report. If the FLUM amendment and -- Rezoning are' approved, a site and development plan submittal to construct a multiple family development is anticipated. A complete analysis of the FLUM Amendment is found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Meeting of February 7, 1995 First Reading of Ordinance No. -95 - Small Scale Land Use Map Amendment for the Marina Cay Site Page 2 This item was originally scheduled for first reading at the Commission's December 6th meeting, however, the applicant requested postponement in order to re-evaluate the market study for the proposal. On January 25, 1995, the applicant requested that the item be scheduled for first reading at the Commission's February 7th meeting. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 21, 1994, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was no public testimony in opposition to the land use map amendment or rezoning to RM . The Board voted 6-0 (Ms. Young absent) to recommend that the request be approved. RECOMMENDED ACTION: By motion, approval of Ordinance No. -95 on First Reading, setting a public hearing date of February 21, 1995. Attachment: * p & Z Staff Report and Documentation of November 21, 1994 * Copy of Ordinance No. -95 Y:CCFLUCAY.DOC .. ... PLANNING & Z'1NING BOARD ) . C~TY OF DELRAY BEACH --- STAFF REPORT --- --- -- MEETING DATE: November 21, 1994 AGENDA ITEM: V.D. ---~ ITEM: Future Land Use Map Amendment (Small Scale) from General Commercial to Medium Density Residential (Former Marina Cay Site). Q , GENERAL DATA: Owners. . . . . . . . . . . . . . . . . . . . . . . . EBJH Corporation Applicant.................... .Jim Spooner Sie~er.s Group Realty Corporation Location......................On tt.e east side of North Federal Highway, approximately 2,900 feet south of Gulfstream Boulevard, immediately south of the Delray . Swap Shop. Property Size.................2.0 Acres Current City Land Use Plan....General Commercial with Large Scale Mixed Use Over lay. - Proposed City Land Use Plan...Mediu= Density Residential 5-12 du/ac with Large Scale Mixed Use Overlay. Overlay will be re:oved with CPA 95-1. Current City Zoning...........SAD (Special Activities District) Proposed City Zoning..........RM (~edium Density 'esidential) Adjacent Zoning........North: GC (veneral Commercial) and RS (Single Family Residential - Town of Gulfstream) . : South: GC, "-'! (Medium Density Residential) ~ and R-l-A (Single Family Residential) - - East: OR (~~tdoor Recreation - Town of , Gulfs...rearn) ." . West: AC (A~tomotive Commercial) ,. Existing La~d Use.............Vacant property with 3 vacant single family .. structures (formerly a mobile home/trailer park) . Proposed Land Use.............Potentially a l33-unit multiple family develcpn:ent. Water Service.................Available via main extensions trom an existing 12" water main along Federal High',ay. Sewer Service.................Available via main extensions and V.D. . . conne=tion to existing lift station at the s=atheast corner of the 0 prop~=ty. ) . . I '1' E M B E FOR E '1' H E BOA R D: The item before the Board is that of making a recommendation on a Small Scale Future Land Use Map Amendment from General Commercial to Medium Density Residential 5-12 du/ac. The proposed amendment comprises 2 acres of an overall 11.11 acre mixed use development known as Marina Cay. The subject property is located on the east side of North Federal Highway, approximately 2,900 feet south of Gu1fstream Boulevard, immediately south of the Delray Swap Shop. PROJECT DES C RIP '1' ION: The proposal is to change the land use designation of the 2 acre General Commercial component of the overall 11.11 acre parcel to Medium Density Residential 5-12 du/ac. The balance of the property has a Medium Density Residential 5-12 du/ac land use designation. The 2 acre General Commercial designation is a "floating" designation with no specific legal description. The designation was applied in order to accommodate the commercial component of a mixed use development known as Marina Cay. A request' to rezone the overall 11.11 acre parcel from SAD (Special Activities Distrièt) to RM (Medium Density Residential) is being prôcessed concurrently with the FLUM Amendment and is discussed in a separate Staff Report. If the Future Land Use Map Amendment and Rezoning are approved, a site and development plan submittal to construct a multiple-family development is anticipated. B A C K G R 0 U N D: Prior to 1988, the subject property was in unincorporated Palm . Beach County. The property was the former location of a trailer/mobile home park. Water service was provided via a well system and sewage was accommodated via an on-site sewage treatment plant. The site is primarily vacant with three vacant single family structures located on the east side of the property adjacent to the Intracoastal Waterway. In June 1987, a development proposal was submitted for a large scale mixed use project which, in addition to the property in question, was comprised of the FIND (Florida Inland Navigational District) and Delray Drive-In properties, immediately north of and adjacent to the property. The southerly 11 acres (subject property) had a C (Commercial) land use designation along Federal Highway with the balance designated as MF-10 (Multiple - Family - 10 du/ac) anq SF (Single Family). At that time, a Land Use Map Amendment ...request was processed to change the residential designations to commercial. During processing of the application, the project was scaled back to include only the subject property (south 11.11 acres ). Concurrent with processing of the land use map amendment, the Large Scale Mixed Use overlay land use designation was created. The new overlay designation, which had an underlying land use designations of Commercial, Multi-Family and Single Family, was applied to the property in December 1988. P & Z Board Stat Report ) . . FLUM Amendment from General Comercial to Medium Density Residential 5-12 du/ac for a Portion of Marina Cay Property Page 2 On December 13, 1988, the subject property was annexed into the City with the GC (General Commercial), RM-I0 (Multiple-Family Dwelling District) and R-I-A (Single-Family Dwelling District) zoning designations, pursuant to the City of Delray Beach Enclave Act (Enclave 24) via Ordinance No. 145-88. With the adoption of the City's Comprehensive Plan and Future Land Use Map in 1989, the property was designated as Medium Density Residential 5-12 du/ac with a Large Scale Mixed Use overlay designation. The 2 acre General Commercial component was not applied to the Future Land Use Map. On October 8, 1991, the City Commission approved a corrective land use map amendment to apply the 2 acre commercial component on the property. The 2 acre commercial component was applied as a "floating" designation which had no specific location. On August 27, 1989, the City Commission approved a rezoning request to SAD (Special Activities District) together with a conditional use and site plan to accommodate a large scale mixed use development known as Marina Cay. The development proposal consisted of 102 multiple family units, a 62 slip marina, 65,500 sq. ft. of retail/office/restaurant use, and private recreation facilities including a hea~~h club. On March 26, 1991, the City Commission approved an extension to the Marina Cay SAD approval to August 22, 1992. A similar request was approved by the City Commission on October 13, 1992 which extended the SAD approval to August 22, 1995. On October 7, 1994, a request for a future land use map amendment to change the 2 acre General Commercial component of the property to Medium Density Residential 5-12 du/ac was submitted and is now before the Board for action. A request to rezone the overall 11.11 acre parcel from SAD (Special Activities District) to RM (Medium Density Residential) is being processed concurrently with the FLUM Amendment and is discussed in a separate Staff Report. LA"ND USE MAP A MEN D MEN T A N A L Y S I S . . This Future Land Use Map Amendment is being processed as a Small Scale Development pursuant to Florida Statues 163.3187. This statute allows any local government" comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendment (twice _ _a year) , subject to the following conditions: * The amendment .does not exceed either 10 acres of nonresidential land or 10 acres of residential land with a density of 10 units per acre or lessi * The cumulative effect of the amendments processed under this section shall not exceed 60 acres annuallYi and, . P & Z Board Staf keport . FLUM Amendment from General Comercial to Medium Density Residential 5-12 du/ac for a Portion of Marina Cay'Property Page 3 * The proposed amendment does not involve the same property owner's property within a 200 feet of property granted a change within a period of 12 months. The land use map amendment involves a 2 acre area, thus the total area is less than the 10 acre maximum. The maximum density allowed under the existing General Commercial designation and proposed Medium Density Residential 5-12 du/ac is 12 units per acres. Thus, there will be no change with respect to the density allowed, however a reduction of intensity will result by the elimination of the commercial component. The amendment to Medium DE!nsity Residential 5-12 du/ac is being processed concurrently with a rezoning request to RM (Medium Density Residential) to accommodate a multiple-family development. This amendment along with other small scale amendments processed this year will not exceed 60 acres. This property has not previously been considered for a land use amendment nor have any of the same property owner's properties been granted a land use change within 200 feet or within the last year. 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 Objective A-1 - 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. A. Physical Considerations - The property has previously been disturbed for the development of a mobile home park 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 proposal will be complimentary with the adjacent residential uses to the south. c. Fulfills Remaininq Land Use Needs - The proposed development will help fulfill remaining land-use needs by providing a medium density residential development in a redevelopment area, such as North Federal Highway. ,. 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. P & Z Board Stat keport ) FLUM Amendment from General Comercial to Medium Density Residential 5-12 du/ac for a Portion of Marina Cay Property Page 4 This policy is applicable as the property abuts the Intracoastal Waterway. Al though the entire site is in a disturbed state, there are scattered Mangrove trees within a drainage ditch along the north side of the property. This policy will be further addressed with review of a site and development plan proposal. As previously stated, a rezoning of the property (entire 11.11 acre parcel) to RM is being processed concurrently. The RM regulations require this development to provide a minimum 25% open space. Community Redevelopment Aoency's Redevelopment Plan The proposed land use map amendment incorporates a portion of the Community Redevelopment Agency's (CRA) sub-area 15, identified in the CRA Plan. The North Federal Highway Improvement Program calls for the following: improve the appearance of the corridor; reduce and eliminate . marginal inappropriate land uses; direct smaller business operations to more concentrated areas; provide economic stimulation and investment in the area; creation of jobs; and the stabilization and preservation of the residential neighborhoods through new development, redevelopment ånd the elimination of blight. The land use plan amendment and concurrent rezoning should result in the development of property which has remained vacant and not well maintained for many years. Development of the property as residential should provide further stabilization of the existing neighborhood and should be a positive inducement to the Federal Highway Corridor. Land Use Analysis: - Pursuant to Land Development Regulations Section 3.l.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. - In conjunction with the Future Land Use Map Amendment, a rezoning from SAD (Special Activities District) to RM (Medium Density Residential) is being processed in anticipation of a development proposal to construct a multiple-family complex. The proposed Medium Density Residential 5-12 du/ac land use designation, which is consistent with the balance of the property, will allow the following zoning classifications: RM (Medium Density Residential), RL (Low Density Residential), PRD (Planned Residential... District), and R-l (Single Family Residential). If the land use map amendment and rezoning are approved, the current SAD ordinance for Marina Cay will be repealed, thus the SAD will become void. In order to re-establish a similar mixed use development, a land use map amendment to accommodate the commercial component and rezoning to SAp would be necessary. P & Z Board Stat. ~eport ) . - FLUM Amendment from General Comercial to Medium Density Residential 5-12 du/ac for a Portion of Marina Cay Property Page 5 The subject property also has a Large Scale Mixed Use Overlay designation. Pursuant to the Land Use Element of the Comprehensive Plan, land which has a Large Scale Mixed Use Overlay need not develop in such a manner, however it may develop pursuant to the underlying (or base) land use designation. Removal of the overlay will require an amendment to the Future Land Use Map. As it covers the entire 11.11 acre site, such an amendment would exceed the 10 acre maximum permitted for Small Scale amendments. Thus, that amendment will have to await the twice a year cycle, and will be processed with Comprehensive Plan Amendment 95-1. Adjacent Zoning Designations' Land Uses: North of the subject property is zoned GC (General Commercial and Town of Gulfstream RS (Residential Single Family); west is zoned AC (Automotive Commercial); south is zoned GC, RM, and R-1-A (Single Family Residential); and, east across the Intracoastal Waterway is zoned Town of Gulfstream OR (Outdoor Recreation) . The existing land uses to the north are the Delray Swap Shop and a spoil area for dredg~ng the Intracoastal Waterway [FIND (Florida Inland Navigational District) property] ; south is Sande's Restaurant, a mix of single family and duplex structures, and an a-unit multiple family structure; west is a vacant auto dealership; and east across the Intracoastal Waterway is the Gulfstream Golf Course. Compatibility with the adjacent residences is not a major concern. The adjacent residences are predominantly multiple family in nature. The proposed land use plan amendment is consistent with the underlying land use designation of. the - adjacent residences and is much less intense than what is currently permitted. Concurrency: Pursuant to Section 3.1.1 (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/o~ 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: Water and sewer service is available adjacent to the property. With future development any main extensions and/or upgrades will be the responsibility of the developer. With the change from commercial to residential, water and sewage flows will increase from 2,000 gallons per day (commercial) to 5,300 gallons per day (residential). The increased flows will not cause an adverse impact on level of service standards. . P & Z Board Staf Report . FLUM Amendment from General Comercial to Medium Density Residential 5-12 du/ac for a Portion of Marina Cay Property Page 6 Drainaqe: 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: Traffic generated by the most intensive Medium Density Residential land use (multiple-family residential) will be significantly less than that generated by development under the General Commercial land use (retail use). A comparative traffic analysis was conducted and concluded that a 2 acre commercial development would generate 1,510 trips and a potential 24-unit multiple-family residential development (2 acres X 12 du/ac) would generate 168 average daily trips. Thus, a reduction will be realized. It is noted that the major roadway adjacent to the subject property North Federal Highway, a state Principal arterial. This roadway link (between George Bush Boulevard and Gulfstream Boulevard), is currently operating at an acceptable level of service. The Marina Cay mixed use development has a vested traffic count of 4,495 average daily trips. Traffic generated by the potential 133-un~t multiple family development will generate 931 trips, thus potential traffic will be reduced by 3,564 trips. Parks and Recreation: There are no parks and dedication requirements associated with the current commercial land use designation. The proposed residential designation will allow a maximum of 24 units (2 acres X 12 u/a). The additional 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: Trash generated by the proposed residential designation will be substantially less than that generated~by a commercial use. A 24-unit multiple family development would generate 53 pounds per day whereas the retail use would generate 609 pounds per day. Thus, development of these properties under the Medium Density Res~dential 5-12 du/ac land use designation will not create an adverse impact on this level of service standard. ,.. REVIEW B Y o THE R S : The rezoning is not in a geographic area requiring review by the HPB (Historic Preservation Board) or the DDA (Downtown Development Authority). . . P & Z Board Stat Report . FLUM Amendment from General Comercial to Medium Density Residential 5-12 du/ac for a Portion of Marina Cay Property Page 7 Community Redevelopment Aqency At its meeting of October 14, 1994, the Community Redevelopment Agency reviewed and recommended approval of the land use plan amendment. Special Courtesy Notice: Special notice was provided to Scott Harrington, Town Manager, Town of Gulfstream. Courtesy notices were provided to the following homeowner's and neighborhood associations: * North Federal Highway Task Team * Beach Property Owner's Association * Northeast Neighborhood * Progressive Residents of Delray (PROD) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subje~tproperty. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ASS E SSM E N T AND CON C L U S ION : The Future Land Use Map Amendment from General Commercial to Medium Density Residential 5-12 du/ac is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The adjacent residences are predominantly multiple family in nature (i.e. duplexes, multiple-family structure) . The proposed land use plan - amendment is consistent with the underlying land use designation of the adjacent residences and will be developed at a similar intensity. Development of the property as medium density residential should be a positive inducement to the Federal Highway Corridor and provide for stabilization of the existing neig1lborhood to the south. ALTERNATIVE ACT ION S . . A. Continue with direction. .. B. Recommend approval of the Future Land Use Map Amendment from General Commercial to Medium Density Residential 5-12 du/ac based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and policies of the Comprehensive Plan. c. Recommend denial of the Future Land Use Map Amendment from General Commercial to Medium Density Residential 5-12 du/ac with the basis stated. . P & Z Board Staf teport . FLUM Amendment from General Comercial to Medium Density . Residential 5-12 du/ac for a Portion of Marina Cay Property Page 8 STAFF RECOMMENDATION: Recommend to the City Commission approval of the Future Land Use Map Amendment from General Commercial to Medium Density Residential 5-12 du/ac based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and policies of the Comprehensive Plan. Attachment: * Location/Land Use Map * Survey VIFLUMMCAY.DOC - .. ~ ) . ) ~f1'''''~./U1I~ : . 7~~~Jtr'.r ·,;?s/'¡?þ . '. ~ ;..:.:.... . p I . ~ ~~~~ ~ : ': .-.!.... ~\ ~ ":I. i 1_ ~" . ~ \ ~ ~t \ . \. , . '!U ~ ' .' \, . . \ ! ,~ I '. .\ . , " I ' . . \ I' ,:," "' I ~ ": :' I ~" ,. ,,: 0 ;. : :_ I . . . ... ~'" ',i '1; !c,.. tn t'( .~ . :-:- : \ !:: I _:.: 'i.. ;. ~ :1 ~ I '. ,. . :':: ~ :~ ~:',;~ I 11 . ; .. \;:..~ . ',.. '='~ " , ~ i" I ~ i ¡" ~ i¡¡ '!} I' , . "~ ,..J, I J. I l _' ~; it :\, I', ¡', "...,.. _ :) "ii; I ¡¡b'l< _ ' .~ \\ ", ,,/ i· ;, ! . " "', , , , .. ;C, /,.. Î I I _ . .. ... ., .. I . 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I ' !:c ,\. ~ ~ 'i I i ,'. .. ~" ! ,- . .. "'. I I . , .. ",. , ".. " ..: .',' 'I .. ,-, . ~, I ~ " " : I , . _ .. ". , - . - '" , I '1 :' .. - .'! :; ¡ '. I, ,. ' I', .. ". .- '. . . 1-' - ~ I· .... '. .', ::~ j'7 - t., :.\; ...... . , , I '. - , -- '~C-)G , '.' , · r:..~' -- i ll;';," _ ,;. , ;~:. . O' I I_ . ..... ... ~+:: · , ... ! , I ì , i- .. i . .. .' '--1 , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT; AGENDA ITEM . J~.L> - MEETING OF FEBRUARY 7. 1995 FIRST READING FOR ORDINANCE NO. 11-95 DATE: FEBRUARY 3, 1995 This is first reading for Ordinance No. 11-95 which rezones an 11.11 acre parcel of land from SAD (Special Activities District) to RM (Medium Density Residential) District. The subject property is located on the east side of North Federal Highway, immediately south of the Delray Swap Shop, and was formerly known as Marina Cay. The purpose of the rezoning is to apply the appropriate zoning category for a potential multiple family development. Please refer to the staff documentation for analysis. The Planning and Zoning Board formally reviewed this item on November 21, 1994, and voted 6 to 0 to recommend that the rezoning be approved. Recommend approval of Ordinance No. 11-95 on first reading. If passed, a public hearing will be held on February 21, 1995. ~,..o ~~ .. ,.. ref:agmemo20 ! I ORDINANCE NO. 11-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF pELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN THE RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 2,900 FEET SOUTH OF GULF STREAM BOULEVARD; 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 SAD (Special Activities District); and WHEREAS, at its meeting of November 21, 1994, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted 6 to 0 to recommend approval of the rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. 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: All of the North 324.04 feet of Lot 38, Section 9, Township 46 South, Range 43 East, lying East of the East right-of-way line of the Fe4eral Highway, being State Road No. 5, and extending to the Intracoastal Waterway, lying and being in Palm Beach County, Florida, as per Plat recorded in Plat Book 8 at Page 40 of the Public Records of Palm Beach County, Florida. I Together With - Tract "AP, Snow Hill, according to the Plat thereof recorded in Plat Book 21, Page 83, of the Public Records of Palm Beach County, Florida. I ) The subject property is located on the east side of North Federal Highway, approximately 2,900 feet south of Gulfstream Boulevard; containing 11.11 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. I 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 A .. ,. .. - 2 - Ord. No. 11-95 -- . ) ) IJ ~-t6 fi ~ ~. Zfr7-- CF '" .. 1 ¡ ) " ~ _ k § ~ ~ ~ i £ ~ ~ I ""- f\i!{IW~ hI - EHB ~Ii ~ ~ lUS ~= - t-.- ,,-" -. 01 S1L ~ A C ..... I T \ ... ... 1.1 · lJ~ 7 I I- n'" I I l13.1 · '- '\."' "" "' "'"' I ~¡ 1.. ~ '" .1 1. L G ¡;r ! / : ~ _ ~ 8 . D ~ ~ I T~':: I ~ - ~ II # CF § AC SAD ' Lll ~~~~l::::::: I EI I I ^ _ "'" J J::I 1 T"1I::::I3 Q '" _ r f-- ~ _ T · /-- .LLI I ~ 1I.J rrM I~ ....:- I I f '" -- r---, ~i I· , i r - 1 " .'" "- I ' . r=l.l.=-J _. I '. I I I 1 l n r=tB G. ...~~ t I I J I ~I I L ""III ~, r _ ¡'{¡ , I 7:j[ . ,I '_): IJoIŒ A'fÐM .. I!l r \ I r=¡ ~ /II r /1'/'7'1 I ~ \ 77--::1 IJ ~ I \ ~ I .. Il~ ~ Y I 1,- L I ITÉ3 7.lf}Il=! -F ~ I t=R: C, I . TQ r- __" ./ I, ,.. .. I n.... , T , L 110\' I I. -. I L I ~ 1 r - '::-__~fL MARINA CAY - REZONING - -.rw ...-.. ItS7IIt - {j( u11 C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: ZONING U FROM: Y A. COSTELLO PLANNER SUBJECT: MEETING OF FEBRUARY 7, 1995 FIRST READING OF ORDINANCE NO. II -95 - REZONING FROM SAD (SPECIAL ACTIVITIES DISTRICT) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR AN 11.11 ACRE SITE (FORMERLY KNOWN AS MARINA CAY). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning 11.11 acres of land from SAD (Special Activities District) to RM (Medium Density Residential). The purpose of this rezoning is to apply the appropriate zoning classification for a potential multiple family development. The subject property is located on the east side of North Federal Highway, approximately 2,900 feet south of Gulfstream Boulevard, immediately south of the Delray 'Swap Shop. BACKGROUND: The proposal is to rezone the 11.11 acre parcel from SAD (Special Activities District) to RM (Medium Density Residential, 6-12 du/ac). With the rezoning request, a Future Land Use Map Amendment is being proces~ed to change the 2 acre commercial component on the property from General Commercial to Medium Density Residential (5-12 du/ac). If the Future Land Use Map Amendment and Rezoning are approved, a site and development plan submittal to construct a multiple family development is anticipated. The property is currently zoned SAD which is governed by an enacting ordinance and specific site plan. The approval is for a large mixed use development consisting of the following: 102 multiple family units, 62 slip marina, 65,500 sq. ft. of ,....-.._" a retail/office/restaurant use, and private recreation facilities including a health club. If the rezoning is approved, the current SAD ordinance for Marina Cay will be repealed, thus the City Commission Documentation Meeting of February 7, 1995 First Reading of Ordinance No. -95 - Rezoning from SAD to RM for the Marina Cay Site Page 2 SAD will become void. In order to re-establish a similar mixed use development, a land use amendment to accommodate the commercial component and rezoning to SAD would be necessary. A complete analysis of the Rezoning is found in the attached Planning and Zoning Board Staff Report. This item was originally scheduled for first reading at the Commission's December 6th meeting, however, the applicant requested postponement in order to re-evaluate the market study for the proposal. On January 25, 1995, the applicant requested that the item be scheduled for first reading at the Commission's February 7th meeting. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 21, 1994, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was no public testimony in opposition to the land use map amendment or rezoning to RM . The Board voted 6-0 (MS. Young absent) to recommend that the rezoning be approved. RECOMMENDED ACTION: By motion, approval of Ordinance No. II -95 on First Reading, setting a public hearing date of February 21, 1995. Attachment: * Location/Zoning Map * P & Z Staff Report and Documentation of November 21, 1994 * Copy of Ordinance No. II -95 YaCCMAR:J:NA.DOC .. ,.. PLANNING & Z(')'JING BOARD ) '-. CITY OF DELRAY BEACH --- STAFF REPORT --- - MEETING DATE: November 21, 1994 AGENDA ITEM: V.E. ITEM: Rezoning from SAD (Special Activities District) to RM (Medium Density Residential) (Former Marina Cay Site). Q VAl. ~ I\LW GENERAL DATA: ) Owners. . . . . . . . . . . . . . . . . . . . . . . . EBJH Corporation Applicant.....................Jim Spooner Siemens Group Realty Corporation Location......................On the east side of North Federal Highway. approximately 2,900 feet south of Gulfstream Boulevard, immediately south of the Delray Swap Shop. Property Size.................ll.ll Acres Current City Land Use Plar.....Medium Density Residential 5-12 du/ac (9.11 acres) and General Commercial (2 acres) with Large Scale Mixed Use Overlay (11.11 acres). - Proposed City Land Use Plan...Medium Density Residential 5-12 du/ac with Large Scale Mixed Use Overlay. Overlay will be removed with Comprehenshive Plan Amendment 95-1. Current City Zoning...........SAD (Special ActivitJes District) Proposed City Zoning...__.....RM (Medium Density Residential) Adjacent Zoning........North: GC (Géneral Commercial) and RS (Single Family Residential - Town of Gulfstream) South: GC, RM (Medium Density Residential) and R-l-A (Single Family Residential) - - : East: OR (Outdoor Recreation - Town of Gulfstream) .' ~ West: AC (Automotive Commercial) Existing·tand Use.............Vacant property with 3 vacant single family structures (formerly a mobile home/trailer park) . Proposed LAnd Use.............Potentially a 133-unit multiple family development. Water Service.................Available via main extensions from an existing 12" water main along Federal Highway. Sewer Service.................Available via main extensions and ccnnection to existing lift station at the southeast V.E. corner of the property. ! ) 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 SAD (Special Activities District) to RM (Medium Density Residential), pursuant to Section 2.4.5(E). The subject property is located on the east side of North Federal Highway, approximately 2,900 feet south of Gulfstream Boulevard, immediately south of the Delray Swap Shop (Marina Cay property). 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. PROJECT DES C RIP T ION: The proposal is to rezone the 11.11 acre parcel from SAD (Special Activities District) to RM (Medium Density Residential). With the rezoning request, a Future Land Use Map Amendment is being processed to change the 2 acre commercial component on the property from General Commercial to Medium Density Residential 5-12 du/ac. If the Future Land Use Map Amendment and Rezoning are approved, a site and development plan submittal to construct a multiple-family development is anticipated. The property is currently zoned SAD which is governed by an enacting ordinance and specific site plan. The approval is for a large mixed use development consisting of the following: 102 multiple family units, a 62 slip marina, 65,500 sq. ft. of retail/office/restaurant use, and private recreation facilities including a health club. If the rezoning is approved, the current SAD ordinance for Marina Cay will be repealed, thus the SAD will become void. In order to re-establish a similar mixed use development, a land use amendment to accommodate the cOllUllercial component and rezoning to SAD would be necessary. B A C K G R 0 U N D: .. (For a complete history, please refer to the Future Land Use Map Amendment Staff Report) ZONING 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). P & Z Board Staff bport ) Rezoning from SAD ~o RM for the Marina Cay Property Page 2 With the action on the land use map amendment, positive findings were made with respect to Concurrency and Comprehensive Plan Consistency. Concurrency as it relates to the zoning change form SAD to RM as well as compliance with respect to the Future Land Use Map, and Compliance with Land Development Regulations ( Standards for Rezoning Actions, Rezoning Findings) are discussed below. Future Land Use Map: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map) , all land uses and resul ting 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. The subject property has a Land Use Map designation of Medium Density Residential 5-12 du/ac (9.11 acres) and General Commercial (2 acres), with a zoning designation of SAD .( Special Activities District) . The rezoning from SAD to RM (Medium Density Residential) is being processed in conjunction with a future land use map amendment from General Commercial to Medium Density Residential 5-12 du/ac in order to create consistency between the land use and zoning designations as well as the proposed use of the property as a multiple-family development. Based upon the above positive findings with respect to Consistency with the Future Land Use Map can be made. ) Concurrency: Pursuant to Section 3.1.1(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 mixed use to residential will result in a minor decrease in water and sewage flows. The projected water and sewer flows under the current SAD 4evelopment scenario are 32,300 gallons per day.whereas the flows for a maximum potential l33-unit multi-family development would be 29,100 gallons per day. Development of these properties under either scenario will not cause an adverse impact on water and sewer level Qf service standards. Water and sewer service is available adjacent to the property. With future development any main extensions and/or upgrades will be the responsibility of the developer. P & Z Board Staff 'port ) Rezoning from SAD ~o RM for the Marina Cay Property Page 3 Drainage: 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 Marina Cay SAD (mixed use development) has a vested traffic count of 4,495 average daily trips. Traffic generated by the potential l33-unit multiple family development will generate 931 trips, thus potential traffic will be reduced by 3,564 trips. It is noted that the major roadway adjacent to the subject property is North Federal Highway, a state Principal arterial. This roadway link (between George Bush Boulevard and Gulfstream Boulevard), is currently operating at an acceptable level of service (Level of Service "A") . Based upon the above, positive findings with respect to traffic concurrency can be made. Parks and Recreation: The current SAD zoning includes approval of 102 dwelling units. The proposed RM zoning will allow a maximum of 133 units. The additional 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 rezoning will result in a substantial reduction of trash generated. The existing SAD (mixed use) would generate 2',356 pounds per day whereas a multi-family development under the proposed RM zoning would would generate 503 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: A -' D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing an~ proposed; or that if an incompatibility may occur, that sufficient regulations exist to property mitigate adverse impacts from the new use. ... North of the subject property is zoned GC (General Commercial and Town of Gulfstream RS (Residential Single Family); west is zoned AC (Automotive Commercial); south is zoned Ge, RM, and R-1-A (Single Family Residential); and, east across the Intracoastal Waterway is zoned Town of Gulfstream OR (Outdoor Recreation). P & Z Board Staff aport ) Rezoning from SAD ~o RM for the Marina Cay Property Page 4 The existing land uses to the north are the Delray Swap Shop and a spoil area for dredging the Intracoastal Waterway [FIND (Florida Inland Navigational District) property]; south is Sande's Restaurant, a mix of single family and duplex structures, and an a-unit multiple family structure; west is a vacant auto dealership; and, east across the Intracoastal Waterway is the Gulfstream Golf Course. The adjacent residences are predominantly multiple family in character. The proposed RM zoning will allow a development which is much less intense than the currently approved SAD (mixed use development), therefore compatibility with the adjacent residences should be enhanced. There is some concern that the location of the subject property adjacent to the Swap Shop may present some problems as far as its potential for residential development. Those issues can be further addressed during the site plan review process, where the provision of adequate building spacing and 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 for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; _ b. That there has been a change in circumstances \tfhich 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 P circumstances particular to the site and/or neighborhood. The applicant has submitted a justif·ication statement which states the following: -' " Reasons B & C apply in this situation. Market conditions do not show a demand to economically build such an intense mixed use development of commercial, residential and marina. There i~ a much stronger demand for multi-family residential. Multi-family residential will be an appropriate use for the property to fill in between the single-family and multi-family units to the south of the property and the commercial properties to the north. Multi-family residential will be less intense use of the property than what is currently approved. P , Z Board Staff ~~port 1rty Rezoning from SAD I, RM for the Marina Cay PI. Page 5 The RM designation for the whole property is more appropriate than having commercial on the property due to its location on the Intracoastal Waterway. It would be more appropriate to have residential on the property overlooking the Intracoastal Waterway, the Gulfstream Golf Course and the wooded FIND site. It would also be more appropriate to have multi-family residential next to the property's neighbors of single family homes than commercial. Multi-family residential would act as a buffer between the single family residential to the south and the commercial property (Drive-In Swap Shop) to the north. RM would prove to be much more compatible with the surrounding properties than the 65,500 sq. ft. of commercial and would be less intense as far as the neighborhood impact is concerned. Additionally, there is an overabundance of vacant or unused commercial property in the area. Allowing for all RM designation and getting new residential development could help spur the redevelopment of the area. Under ,the RM district there could be 12 units per acre. The property has approximately 11.11 acres, which could provide for a total of approximately 133 units, instead of the currently approved 102 units. This would equate to swap of 65,500 sq. ft. of commercial for 31 residents." ¡ Comment: Item C appears to be the basis for which the rezoning should be granted. As single family and duplex structures abut the south side of the property, the RM zoning (medium density) is as appropriate as SAD and could serve as a transition area for the existing residences from the commercial property to the north (Swap Shop) . The property's location adjacent to the Intracoastal Waterway as well as its configuration ( narrow and deep) lends itself well to residential development. The rezoning should be beneficial for the development of vacant land to the south which also abuts the Intracoastal Waterway and has the development potential for single family homes. Also, the development of the property as multi-family may be more realistic than a large scale mixed use development. Development of the property as residential would be an inducement the area and may encourage redevelopment and d~velopment of surrounding properties. Based upon the above, it is appropriate to rezone the property to RM. REV I E W B Y OTHERS : - - The rezoning is not in a geographic area requiring review by the HPB (Historic Preservation Board) or the DDA (Downtown Development Authority). P & Z Board Staff 'port ) Rezoning from SAD to RM for the Marina Cay Property Page 6 Community Redevelopment Aqency At its meeting of October 20, 1994, the Community Redevelopment Agency reviewed and recommended approval of the land use plan amendment. Special Courtesy Notice: special notice was provided to Scott Harrington, Town Manager, Town of Gulfstream. Courtesy notices were provided to the following homeowner's and neighborhood associations: * North Federal Highway Task Team * Beach Property Owner's Association * Northeast Neighborhood * Progressive Residents Of Delray (PROD) 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 Qe presented at th~ Planning and Zoning Board meeting. ASSESSMENT ~AND CONCLUSION: The Rezoning from SAD to RM for the subject property is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. 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, given the adjacent residential developments and the configuration and location of the parcel. Development of the property as residential would be an inducement the area and may encourage redevelopment and development of surrounding properties. A L T ERN A T I V E ACT ION S : A. - Continue with direction. B. Recommend approval of the rezoning request from SAD to RM 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(D)(5). C. . Recommend denial of the rezoning request from SAD to RM based upon a failure to make a positive finding with respect to Chaptér 3.3.2 (Compatibility), 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 ~port ) Rezoning from SAD ~o RM for the Marina Cay Property Page 7 S T A F F RECOMMENDATION: Recommend to the City Commission approval of the rezoning from SAD (Special Activities District) 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). Attachments: * Location/Zoning Map * Survey Y'PZMARCAY.DOC ~ ; - .. ... . - .) - I . "'wq~~ :""'~~.......r ·.?G/.¡?þ. ...... , :::.':. i..: ....... I _. I... '___''':-. . . \ ~~, . ">,. ~"" -....-,. ""',. ; ~\ t\.,..~ í~~-___:-, . :rf?§J:' ,~~ ~~: I. I. iò!. " . -''''' '. ," ,I.. '. .'..: ':!. : ¡i 1" 'Ii' '. "'". " .".,:. ': .") -c. .\ 1\ I ~~h / . '. ,....~~....,:: ~':'!~':' , 1 ", 1 . I .' . .. I..,.. ~. '. ' . I·' , . '. ' " ... ", , , -" ',' ... "'. , '- ," '" ..) '':; '." ~'i 'I ' . . ". '. . '~"". " ~ "y.. 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