03-21-95 Regular
DELRAY BEACH
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING AII,AmeriClCi,
MARCH 21. 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. "111
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, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1A. Oath of Office.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve
5. Approval of Minutes:
Regular Meeting of March 7, 1995
6. Proclamations:
A. 2nd Annual Kids and Cops Anti-Drug Rally - March 28, 1995
B. United States Naval Sea Cadet Corps Month - April 1995
7. Presentations:
8. Consent Agenda: City Manager recommends approval.
A. APPROVAL OF GRANT REOUEST/CHILDREN'S SERVICES COUNCIL: Approve
a request to apply for grant funding in the estimated amount of
$280,000 from the Children's Services Council for the 1995/96
After School Recreation Programs at four sites within the City.
B. AGREEMENT WITH SCHOOL BOARD OF PALM BEACH COUNTY/BEFORE AND
AFTER SCHOOL PROGRAM: Approve an agreement with the School
Board of Palm Beach County for funding of up to $90,000 for a
before-and-after school program for middle school students, to
be held at Carver Middle School.
C. 1995 DELRAY BEACH SOAP BOX DERBY: Approve a request from the
South Florida Soap Box Derby to close Linton Boulevard between
U.S. Highway #1 and AlA on Saturday, April 29 (or rain date of
April 30) for the Soap Box Derby Rally and Saturday, May 20,
1995 (or rain date of May 21 for the Delray Beach Soap Box
Derby, from approximately 5:00 a.m. until the conclusion of the
races; together with related requests for use of City property
and overtime for Parks personnel.
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D. CHILDREN'S SUBSTANCE ABUSE GRANT CONTRACT WITH FLORIDA DEPART-
MENT OF HOUSING & REHABILITATIVE SERVICES (HRS) : Approve
execution of a contract between the City and HRS to provide for
the Community Improvement Department to begin administration of
the Excel Focus 5 drug prevention program.
E. EXTENSION OF PURCHASE CONTRACT/CHURCH OF THE LIVING GOD, NEW
MACEDONIA, AND ASSIGNMENT TO HABITAT FOR HUMANITY: Approve an
amendment to the contract with Church of the Living God, New
Macedonia, to extend the closing date for purchase of a vacant
parcel located on S.-W. 7th Avenue, and approve the assignment
of the purchase contract to Habitat for Humanity of Boca-
Delray.
F. SUBORDINATION OF UTILITY EASEMENT TO PALM BEACH COUNTY:
Approve the subordination of an existing utility easement
located at the northwest corner of High Point West Section 3 to
the property rights of Palm Beach County, in conjunction with
right-of-way acquisition for extension of Lake Ida Road west of
Military Trail.
G. FINAL PAYMENT/DIGBY BRIDGES, MARSH AND ASSOCIATES: Approve
final paYment in the amount of $4,160.00 to Digby Bridges,
Marsh and Associates for professional services related to
completion of the Tennis Center Phase III project, with funding
from Tennis Center Phase III (Account No. 334-4145-572-63.43) .
H. DEDUCT CHANGE ORDER NO. 5 AND FINAL PAYMENT/CHAZ EOUIPMENT
COMPANY, INC. : Approve deduct closeout Change Order No. 5 in
the amount of $74,660.74, and final paYment in the amount of
$65,142.70 to Chaz Equipment Company for the Central Business
District Alley Reconstruction - Phase II project, with funding
in the amount of $23,840.00 from Stormwater Utility Fund -
Rabbit Hollowe Drainage (Account No. 448-5411-538-62.44) ,
$5,242.94 from Renewal and Replacement - CBD Alleyways Phase II
(Account No. 442-5178-536-61.47), and $36,059.76 from Renewal
and Replacement Manhole Rehabilitation (Account No. 442-5178-
536-61.84) .
I. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTION: Ratify Modification to Industrial Waste
and Pretreatment Agreement, approved by the SCRWTD Board on
July 21, 1994.
J. RESOLUTION NO. 25-95: Approve a resolution assessing costs for
emergency abatement action required to demolish an unsafe
structure at 815-941 S.W. 20th Court.
K. AWARD OF BIDS AND CONTRACTS:
1. Contract award - Colonna Asphalt Restoration, Inc. for
Project #93-58, Scrap and Impound Lot (including Spady bus
access and N.W. 15th Avenue extension) in the total amount
of $77,842.45; with funding in the amount of $35,428.47
from W&S New Capital Outlay (Account No. 441-5161-536-
63.71); $35,144.46 from Decade of Excellence II - Spady
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Elementary School (Account No. 228-3162-541-61.74) ; and
$7,269.52 from General Construction (Account No. 334-3162-
541-63.10) .
2. Bid award - via Florida State Contract to Don Reed Ford
for four 1/2 ton pickup trucks with tow package and long
cab, in the amount of $73,796 with funding from City
Garage Fund (Account No. 501-3312-591-64.20) .
3. Bid award to Koenig Plumbing and Mechanical Corporation as
primary contractor and Myers Plumbing Company as backup
contractor for plumbing service and repairs, at an
estimated annual cost of $11,400.80, with funding from
various departmental operating expense budgets.
4. Bid contract renewal wi th Jones Chemical Company for the
purchase of Liquid Chlorine, Calcium and Sodium Hypo -
chlorite, via the co-op bid with the City of Boca Raton,
in the estimated annual amount of $117,834.00, with
funding from Water Treatment Plant - Chemicals (Account
No. 441-5122-536-52.21) and Lift Station - Chemicals
(Account No. 441-5144-536-52.21) .
5. Bid award - Off The Wall Concepts, Inc. for millwork for
the Delray Beach Golf Course Clubhouse, in the amount of
$28,945.00, with funding from Golf Course Clubhouse -
Office Furniture/Fixtures (Account No. 445-4763-572-
64.10).
6 . Bid award - to Regal Contractors, Inc. for landscaping and
irrigation related to Barwick Road Beautification, in the
amount of $38,260.00, with funding from the Decade of
Excellence Bond - Barwick Road Beautification (Account No.
228-4141-572-61.75)
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 March 6 through
March 17, 1995.
B. ARCHITECTURAL ELEVATIONS/WATERWAY EAST RESTAURANT: Consider
the architectural elevations for the proposed Waterway East
Restaurant, to be located at the southwest corner of East
Atlantic Avenue and Venetian Drive, adjacent to the Intra-
coastal Waterway.
C. LOCATION OF BEACH PATROL HEADOUARTERS: Consider staff
recommendation and evaluation of the two sites proposed
(Sandoway Park or Anchor Park) for location of the Beach Patrol
headquarters.
D. RESOLUTION NO. 11-95: Consider a resolution authorizing the
City to acquire from the Community Redevelopment Agency the
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Monterey House property located at 20 North Swinton Avenue, and
. accepting the Contract for Sale and Purchase.
E. CLOSEOUT CHANGE ORDER NO. 10 AND FINAL PAYMENT/CHAZ EOUIPMENT
COMPANY, INC. : Consider closeout Change Order No. 10 in the
amount of $79,832.93, and final paYment in the amount of
$118,655.35, to Chaz Equipment Company, Inc. for the Roadway
Reconstruction Plan (east of the Intracoastal Waterway) and
S.E. 5th Street (pavement and utility improvements) . Funding
in the amount of $79,832.93 is available from Renewal and
Replacement - Manhole Rehabilitation (Account No.
442-5178-536-61.84) . The balance of the final paYment will be
funded as follows: $11,600.00 from Stormwater Utility - Pelican
Lane (Account No. 448-5461-538-62.20) , and $27,222.42 from
Stormwater Utility - Beach Road Reconstruction (Account No.
448-5461-538-62.22) .
F. CONTRACT ADDITION {CHANGE ORDER NO. 3)/HARDRIVES OF DELRAY,
INC. : Consider contract addition (Change Order No. 3) to
Hardrives of Delray, Inc. for S.W. lOth Street and S.W. lOth
Avenue - Phase II, providing for the installation of additional
storm drainage on S.W. 8th Avenue from S.W. lOth Street to S.W.
9th Street. Funding in the amount of $87,271 is available from
Decade of Excellence Bond Phase II - Capital Outlay - S.W. lOth
Street (Account No. 228-3162-541-61.90) .
G. SETTLEMENT OF CLAIM/ELLISON V. HIGHTOWER & CITY OF DELRAY
BEACH: Consider settlement of Ellison v. Hightower and the
City of Delray Beach in the amount of $34,000.00, subject to
receipt of appropriate releases, with all parties to bear their
own attorneys fees and costs.
H. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular
member to the Civil Service Board for a two year term ending
April 1, 1997.
I. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE:
Appoint five members to the Affordable Housing Advisory
Committee for two year terms ending March 31, 1997.
J. CROSSROADS PROPOSAL FOR ACOUISITION OF McGRAW BUILDING:
Consider an alternate proposal from CRC Recovery Foundation and
the Crossroads Club concerning the acquisition of the McGraw
building at 306 N.E. 2nd Street.
K. SE.£ A-DOE110um
10. Public Hearings:
A. ORDINANCE NO. 14-95: An ordinance amending Section 101.35,
"Storing Boats", of the City Code by increasing the size of the
boat storage area on the municipal beach, increasing the annual
permit fee, and changing the time for submission of applica-
tions for boat storage permits.
B. ORDINANCE NO. 17-95: An ordinance amending LDR Section 1.3,
"Non-Conforming Uses, Lots and Structures" , to provide for a
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grace period for post-disaster reconstruction of residential
. structures to existing densities and heights.
C. ORDINANCE NO. 16-95: An ordinance amending LDR Section
7.8.13 (B) , "Qualifications", to eliminate conflict in the City
Code regarding residency and business requirement;.s for members
of the Board of Construction Appeals.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 18-95: An ordinance amending all penalties in
the City Code of Ordinances to comply with State law. If
passed, public hearing on April 4, 1995.
B. ORDINANCE NO. 19-95: An ordinance amending Chapter 32 of the
City Code regarding attendance policy and removal procedures
for members of advisory boards and committees. If passed,
public hearing on April 4, 1995.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 21. 1995 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
(K) BID AWARD/PROFESSIONAL SOUND SERVICES. INC. : Consider a bid
award in the amount of $10,300.00 to Professional Sound
Services, Inc. as, the lowest responsive bidder (second low
bidder) for the background music and paging system at the Golf
Course Clubhouse; with funding from Golf Course Clubhouse -
Other Equipment (Account No. 445-4763-572-64.90).
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WHEREAS, the Kids and Cops Committee was
established on March 13, 1991, for the betterment of Delray
Beach children; and,
WHEREAS, the Kids and Cops Committee sponsors
programs including educational activities, field trips,
counseling, special events and athletic activities; and,
WHEREAS, more specifically, the Committee recently
sponsored a drift boat fishing trip, a basketball tournament,
ice skating excursion and field trips to Lion Country Safari
and the Museum of Science and Discovery; and,
WHEREAS, on March 28, 1995, the Kids and Cops
Committee has invited all Delray Beach fourth grade students,
attending both public and private schools, to come together at
the Tennis Center for the Second Annual Anti-Drug Rally to be
held at 10:00 a.m.; and,
WHEREAS, at this rally all of the children will be
singing "A Brighter Day", a song written by fifth grade Plumosa
Elementary School teacher Mrs. Sheila Reese.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim March 28, 1995, as the
SECOND ANNUAL KIDS AND COPS ANTI-DRUG RALLY
in Delray Beach and acknowledge the important work done by the
Kids and Cops Committee which includes the staff from Delray
Beach Police and Parks and Recreation Departments, Public
Educators and Private Enterprise in providing Delray Beach
children with the tools necessary to combat illegal drug use
and the peer pressure of drug abuse in their environment and to
educate the youth in the positive ways of life.
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 28th day of March, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
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WHEREAS, the Navy League of the United States
through many of its local councils, sponsors and supports
the United States Naval Sea Cadet Corps; and,
WHEREAS, the Boca Delray Council, Navy League of
the United States, sponsors and supports the Sea Cadet Unit
identified as the Boca Delray Division, United States Navy
Sea Cadet Corps; and,
WHEREAS, the United States Naval Sea Cadet Corps
is a youth program for young Americans, male or female, ages
14 through 17, whose objectives are to develop an interest
and skill in basic seamanship and its naval adaptations;
and,
WHEREAS, the program trains Cadets in seagoing
skills, as well as teaching them patriotism, courage, self
reliance and kindred virtues; and,
WHEREAS, the National President of the Navy League
of the United States has declared the month of April 1995 as
United States Navy League Sea Cadet Corps Month.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim April 1995 as
UNITED STATES NAVAL SEA CADET CORPS MONTH
in Delray Beach, Florida, and urge all its citizens to
acknowledge the many significant contributions made by the
Naval Sea Cadet Corps to the educational mission of the Navy
League of the United States.
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 21st day of March, 1995.
MAYOR
THOMAS E. LYNCH
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJïV(
SUBJECT: AGENDA ITEM # ~. 1/ . - MEETING OF MARCH 21, 1995
APPROVAL OF GRANT REOUEST/CHILDREN'S SERVICES COUNCIL
DATE: MARCH 17, 1995
This is before the Commission to approve a request to apply for
grant funding in the estimated amount of $280,000 from the
Children's Services Council for the 1995/96 recreation programs
at four sites within the City.
The Children's Services Council has changed the "after-school
program" category to "out-of-school activities", and will fund
such programs as summer camp, and school holidays and vacations,
etc. The expanded programs will be conducted at four sites, with
an enrollment of 100 at each site for the after-school program,
and will accommodate an additional 60 campers in the summer. It
will provide school vacation activities for 120 children.
Recommend approval of request for grant funding from the
Children's Services Council for the 1995/96 out-of-school
recreation programs within the City.
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Agenda I tem No. : !/J .
AGENDA REQUEST
Date: March 2, 1995
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
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When: March,~ 1995
Description of agenda item (who, what, where,
to a 1 for a rant from Children's Services Council in the amount of
our After School Program. ", (':1
ORDINANCE/ RESOLUTION REQUIRED: YES,@ Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ N°l~(
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Joe Weldon
Parks and R~ Director
FROM: Joe Dragon
Assistant Dire r of ~d Recreation
SUBJECT: C.S.C. FUNDING
DATE: March 17. 1995
The Parks and Recreation Department is preparing to submit a request for a
grant to fund some of its 1995/96 recreation program. This will be the eighth
year of funding from C.S.C. We have received over $1,000,000 from C.S.C. to
help fund the operations of our after-school program since 1989.
This year C.S.C. has expanded the range of activities that it would fund in the
recreation area. They have changed the category to out-of-school activities and
will fund such programs as summer camp. school holidays and vacations. etc.
Accordingly we are preparing a budget requesting additional funding to expand
our summer camp at Carver Recreation and Pompey Park, to assist with the
funding of Christmas and Spring vacation weeks, the after-school program at the
new Carver Middle School. and enhance our academic services component.
While our current year C.S.C. funding is approximately $160,000., we are
planning to submit a request of approximately $280,000. to help fund the above-
mentioned activities.
The program will be conducted at four sites with an enrollment of 100 at each
site for the after-school program, accommodate an additional 60 campers in the
summer and provide school vacation activities for 120 children.
JD:giv
REF:CSCFUND.DOC
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1995-96 CSC RFP Instroctions & Forms
Page 10
PROGRAM FORM D - AGENCY CERTIFICATION
In submitting this proposal to CSC City of Delray Beach Parks
and Recreation Department (Agency Name) certlfles that:
l. The applicant agency íualifies to submit a proposal
under the provisions n the RFP Minimum Requirements;
2. The agency board of directors has approved this
proposal at a meeting on (date)'. (If
approval is pending at the time of submission, please
check here _.) ;
3. All agency decisions regardin9 recruitment, hiring,
promotions, release, and condltions of employment
will be made without regard to consideration of race,
creed, religion, gender, country of national origin,
age, physical or mental handicap, marital status or
any other factor which cannot lawfully be used as a
bftsis for an employment decision;
4. The agency agrees to ne9otiate, if deemed necessary,
with CSC to refine serVlce levels, procedures,
objectives, budget, and any other relevant matter for
incorporation into a contract;
5. The applicant agency does not intend by this proposal
to replace existing funding resources with CSC funds;
6. The budget included in this proposal is a reasonable
estimate of the anticipated revenues and expenditures
for the activities proposed;
7. A copy of the current IRS 501(c)3,4,6,7, or 10
certificate (for not-for profit agencies) or a copy of
the pending application for a 501(c)3 Certificate is
included with the submission of this proposal;
8. Any of the following documents are available and upon
request by csc will be produced by the applicant
agency within five (5) working days, but do not need
to be submitted with this proposal:
a. Articles of Incorporation
b. Personnel policies and Procedures
c. Job Descriptions
d. Certificates of Insurance and Bonding
e. Licenses to Operate Agency/Program
f. Current list of Agency Board of Directors
g. An audit report dated no more than 15 months prior
to the date of the proposal. The report must be
complete with a management letter.
f:95-6INSTR Jan 30, 1995 3:36 pm
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1995-96 CSC RFP Instructions & Forms
Page II
8. NO litigation is threatened or pending which could
impair the applicant agency's ability to fulfill the
provisions of this proposal.
9. NO adverse action is pending or threatened by any
regulatory, licensing, or oversight agency which could
impair the applicant agency's ability to fulfill the
provisions of this proposal.
If any of the above documents are not available or any of
these statements cannot be made, pleaseexp~ain below:
,
OFFICIAL AUTHORIZED TO SIGN AND BIND AGENCY TO PROPOSAL:
Title:
SJ.gnature
Date:
Print Name
f:95-6INSTR Jan 30, 1995 3:36 pm
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MEMORANDUM
TO: David T. Harden, City Manager
FROM: Joe Weldon, Director
Parks and Recreation Dept.
DATE: March 13, 1995
SUBJECT: Middle School After-School Program
The attached agreement is to provide funding fÌ"om the School Board of up to $90,000.
for the Delray Beach Parks and Recreation Dept. to conduct an after-school program for
Delray Beach middle school students. These monies will provide recreational,
educational, and social services for approximately 90 students and comes fÌ"om a
$37,000,000. state-wide appropriation fÌ"om the State School Board of Education.
The program will be housed at the new Carver Community Middle School, and will
include recreational activities at various City facilities as well as tutorial/remedial and
social services at the Delray Full Service Facility, the former Carver Middle SchooL
The program is truly a collaborative effort involving the City of Delray beach, the Palm
Beach County School District, MADDADS, and middle schools in Boca Raton. The Palm
Beach County Parks and Recreation Dept. is also a partner in the program and has
approved $12,000. for the program. This is in addition to the $90,000. approved by the
school Board.
el on, Director
and Recreation Dept.
cc: J. Dragon, Assistant Director
File
cml8,middle school agreement
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[ITY DF DELRAY 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 l 0 it I D A
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All-America City MEMORANDUM
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DATE: March 3, 1995
1993
TO: Joe Dragon, Assistant Director of Parks and Recreation
FROM: David N. Tokes, Assistant City Attorn~
SUBJECT: Agreement with Palm Beach County School Board - Carver Middle
School Program
Attached is a copy of the proposed Agreement between the City and the School Board.
Please place this item on the Commission Agenda. Once the Commission approves the
Agreement, I will process the signatures.
Please call if you have any questions.
DNT:ci
Attachment
cc: Sharon Morgan, Executive Secretary, City Clerk
carver .dnt
r~ Ç"~" r" F~- i \/ r L 1"..,.' ,,,,"-'.
® Printed on Recycled Paper
AGREEMENT
TffiS AGREEMENT made and entered into this _ day of ,
1995 by and between the CITY OF DELRA Y BEACH, FLORIDA, a Florida municipal
corporation (hereinafter referred to as "City"), and the SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of
Florida (hereinafter referred to as "School Board").
WIT N E SSE T H:
WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan
Development Regulation Act, F.S. 163.3161(4), to encourage and ensure cooperation between
and among the local government entities to provide for the coordination of development
activities of units of local government; and
WHEREAS, the School Board is the controlling body of the public schools of Palm
Beach County, Florida, and does own and operate schools in the City of Del ray Beach; and
WHEREAS, the City is authorized to enter into agreements with other governmental
entities to provide services for its citizens; and
WHEREAS, there are school programs which at the present time provide needs for
underprivileged elementary school children with respect to tutoring, recreation, and counseling;
and
WHEREAS, School Board and City desire to provide a similar structured before and
after school program for middle school students; and
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WHEREAS, the years during which a child is in middle school are those years during
which children may be drawn into crime and violence, and the proposed program will be an
effort to provide the underprivileged children with a positive alternative; and
WHEREAS, such a program will include academic tutoring, recreation and counseling
components.
NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements
contained herein, the parties hereby covenant and agree as follows:
1. The School Board shall permit a before and after school program to be held at
Carver Middle School to serve needy students during the 1994-1995 school year.
2. In accordance with School Board requirements, in order to qualify for the
program, each child must be eligible for and receiving free/reduced breakfast and/or lunch at the
school.
3. The parties agree that children who would be unsupervised before or after school
would receive priority.
4. Transportation to and from the school to activities shall be provided by both the
City and the School Board.
5. The School Board shall appoint a Site Director who shall have responsibility for
the program at Carver Middle School. The Site Director shall report to the City's representative,
as well as the School Board's representative.
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6. As part of the program, medical services shall be provided by the Delray Beach
Branch of the Palm Beach County Health Department, which shall include: physicals, dental
services, eye exams and glasses, counseling, and crisis intervention.
7. The School Board agrees to provide tutoring services at the Delray Full Service
Center on a rotating schedule that will provide opportunities for instruction by state certified
teachers in English, math, social studies and science. Additional tutoring will be provided for
ESOL students, and the media center and computer lab at Carver Middle will be made available
for studying, research, and individualized projects.
8. Personnel for the After School Program shall be hired through the City of Delray
Beach Parks and Recreation Department. The staffing ratio shall be no more than 15 to 1.
9. The City of Delray Beach will be the fiscal agent for all aspects of the program.
The City shall set up separate accounts, and a monthly budget update will be reviewed by both
the school principal and the City's representative. Auditing services shall be provided by both
the City and Palm Beach District Schools. Payments totaling $90,000 shall be paid by June 30,
1995 in five (5) equal monthly installments starting January 3, 1995.
10. The attached Exhibit" A" provides the budget requirements for the program:
11. This Agreement contains the entire understanding of the parties relating to the
subject matter hereof superseding all prior communications between the parties whether oral or
written, and this Agreement may not be altered, amended, modified or otherwise changed nor
may any of the terms hereof be waived, except by a written instrument executed by both parties.
The failure of a party to seek redress for violation of or to insist on strict performance of any of
3
·
the covenants of this Agreement shall not be construed as a waiver or relinquishment for the
future of any covenant, term, condition or election by the same shall continue and remain in full
force and effect.
12. All notices submitted or required by this Agreement shall be sent by registered or
certified mail and addressed to the parties as follows:
To the City:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To School Board:
School Police Department
3330 Forest Hill Blvd., Suite B-121
West Palm Beach, Florida 33406-5869
or to such other addresses as either party may designate in writing.
13. The validity, construction and effect of this Agreement shall be governed by the
laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this
Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County,
Florida.
14. This Agreement shall be recorded in the Public Records of Palm Beach County,
Florida.
15. This Agreement may be cancelled be either party given a thirty (30) day notice of
the same.
4
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.
.
.
IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart,
both of which shall constitute originals, to be executed by its proper officers hereto duly
authorized on the year and date first above written.
CITY OF DELRA Y BEACH PALM BEACH COUNTY SCHOOL BOARD
By: By:
Thomas Lynch, Mayor
A TrEST: ATTEST:
Alison MacGregor Harty
City Clerk
Approved as to F onn: Approved as to F onn:
City Attorney School Board Attorney
carver.agt
5
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" . .
"- CARVER COMMUNITY MIDDLE SCHOOL I Exhibit "A" I
DELRAY BEACH PARKS AND RECREATION DEPARTMENT
EXPENDITURES
001-4106-572
PERSONNEL:
1. Before School:
2 each Rec.Leader lI(plt) 7 AM-9AM $ 4,230.00
10 hrs/wk x 31 weeks x 6.82 x 2
2. After-school
(a) 1 each Rec.Sup.Jl(plt) 2PM-7PM $ 7,450.00
25 hrs/wk x 31 weeks x 9.61
(b) 6 each Rec.Leader lI(p/t) 3:30PM-6:30PM $ 19,030.00
(c) 1 each Rec.Sup.lI(plt) - bus driver 3Pm-7PM
20 hrs/wk x 32 weeks x 9.61 $ 6,150.00
13.10 Total Salaries: $ 36,860.00
21.10 FICA @ 0.0765 $ 2,820.00
24.10 WORKER'S COMPo $ 2,090.00
TOTAL PERSONAL SERVICES: $ 41,770.00
OPERATING SUPPLIES AND COSTS:
34.40 1 each Security Officer (pIt) 4:30PM-8:30PM $ 5,410.00
20 hrs/wk x 31 weeks x 8.72
34.90 Contract instructors: Golf, Tennis, Racquetball, Swimmingl
Ocean Awareness, CIT, Computer Lab, TV Production, drama,
ceramics, music, Fishing Kids Stay Clean, Project Pride, etc.
(See attached for itemized breakdown) $ 16,000.00
31.20 Pre-employment medical exams 15 @ 110. $ 1,650.00
.
45.90 Participants Insurance: 90 @ 1.44 $ 130.00
51.90 Office Supplies:pens,pencils,etc. $ 150.00
51.10 Other Office Supplies: paper,stationery,forms $ 100.00
52.20 General Operating Supplies: athletic supplies,materials,
equipment, racquets, etc. $ 3,500.00
52.22 Staff shirts: 15 employees x 3 shirts x $10. $ 450.00
Transportation:
44.90 50 miles/day x 1.00 per mile x 160 days $ 8,000.00
52.10 gas and oil $ 700.00
45.90 insurance 150 per month x 8 months $ 1,200.00
52.25 Janitorial Supplies: $ 780.00
52.42 Snacks: 90 participants @ .50 per day x 160 days $ 7,160.00
34.90 10. Tutorial: 3 hours each per participant per week $ 3,000.00
TOTAL OPERATING COSTS $ 48,230.00
TOTAL PROGRAM COSTS Page 1 $ 90,000.00
.
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CONTRACT INSTRUCTORS AND ACTIVITIES:
1. Case Coalition; - Project Pride $ 5,620.00
2. PGA Certified Golf Instruction:
90 students @ 2.50 per hour x 6 hrs $ 1,350.00
3. Computer Lab:
2 hrs/wk x 10 weeks @ $15.p/h x 6 groups $ 1,800.00
4. TV/Radio Production:
2 hrs.lwk x 10 weeks @ $15.p/h x 6 groups $ 1,800.00
5. USTA certified Tennis Instruction:
6 hrs @ $15.1hr x 6 groups $ 540.00
6. Various arts and crafts classes, Le.,ceramics,etc.
2 hrs/wk x 10 weeks @ $15.p/h x 6 groups $ 1,800.00
7. Ocean Awareness Classes: boogie boards,
snorkeling, etc. $ 750.00
8. Miscellaneous other instructional activities, Le. $ 2,340.00
racquetball, basketball, team sports, etc.
$ 16,000.00
.
Page 2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~·C· - MEETING OF MARCH 21, 1995
DELRAY BEACH SOAP BOX DERBY
DATE: MARCH 17, 1995
This is before the Commission to approve a request from the South
Florida Soap Box Derby to close Linton Boulevard between U.S.
Highway #1 and AlA on Saturday, April 29 (or rain date of April
30) for the Soap Box Derby Rally and Saturday, May 20, 1995 (or
rain date of May 21 for the Delray Beach Soap Box Derby, from
approximately 5:00 a.m. until the conclusion of the races. These
events are sponsored by the Delray Beach Sunrise Kiwanis Club in
conjunction with the South Florida Soap Box Derby.
In addition, the use of 3 tables, 8 chairs and 4 garbage cans has
been requested. Overtime for Parks personnel will also be
necessary, requiring two men at 4 hours each for a projected
overtime cost of $104.00.
Recommend approval of the request from South Florida Soap Box
Derby to close Linton Boulevard on the specified dates, subject
to approval from Palm Beach County, together with related
requests for use of City property and overtime for Parks
personnel.
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OAP BOX DERB
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Mr. Robert Barcinski March 7,1995
Delray Beach City Managers Office
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Mr. Barcinski:
In reference to our letter dated February 27, 1995, the date for our April Soap Box
Derby race should have read Saturday, April 29, 1995 with a rain date of Sunday,
April 30, 1995.
The date for the May race will remain Saturday, May 20, 1995 with the following
day a rain date. We are sorry for any inconvenience this may have caused.
~'
Doug 2ff~
Director - South Florida Soap Box Derby
Telephone: 495-2826
I
cc: David Harden, City Manager
.
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Mr. Robert Barcinski February 27, 1995
Delray Beach City Managers OffICe
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Mr. Barcinski:
4.~
TIle Kiwanis Club of Delray BeachfSunrise is planning the 1995 Delray Beach Soap
Box Derby for Saturday, April2:2í1d and Saturday, May 20, 1995, Please note that
we plan to move the races up one month to avoid the heat we experienced last year
in our June race.
The 1994 Derby held last May and June was a great success, due largely to the
outstanding effort of the City of Delray Beach, numerous City employees, and civic
volunteers. As in past years, the races will be held on the Linton Boulevard Bridge at
approximately 7:00AM and last till mid-afternoon. This will require that the bridge
be closed to vehicular traffic during the race. The cars are run down westbound
lanes toward U.S.l, freeing eastbound lanes for emergency vehicles.
We request that permission be granted to close Linton Boulevard between US#l
and AlA on these race days from approximately 5:00AM until the conclusion of the
~.:. We will provide ample barricades with appropriate "road closed" sign age at
Federal Highway (US#I) and AlA, similar to past years.
We have notified the county bridgetenders department, and anticipate their
cooperation as in the past. Should the race be postponed due to weather, rain dates
of April 23rd and May 21 st would be required. Please notify us of any further
procedures necessary to obtain authorization to follow through with the above.
~rely, ,.
<-&E"r¿ f-P. ~(,~----
Doug Mártin
Director - South Florida Soap Box Derby
Telephone: 495-2826
(Day) 347-1200
cc: David Harden, City Manager
,"
.
MEMORANDUM
To: David Harden, City Manager
From: Dorothy Ellington, Community Development Coordinator ~~'
Thru: Lula Butler, Community Improvement DirectortÞ
Date: March 13, 1995
Subject: City Commission Agenda Request (3121/95)
Children's Substance Abuse Grant Contract
ITEM BEFORE THE COMMISSION
This is to request approval to execute the contract between the City and the Florida Department
of Housing and Rehabilitative Services (HRS). The contract would provide for the Department
of Community Improvement to begin administration of the Excel Focus 5 drug prevention
program.
BACKGROUND
A request to accept funding from the Department of HRS was approved by Commission at their
January 25, 1995 meeting. As explained at that time, these funds will replace the Governor's
Drug Free Community grant which was not renewed for the current fiscal year. We have since
learned that the funding is a state Block Grant, refundable annually in accordance with the State's
fiscal year which begins July 1 each year. We will be reimbursed for hours or "State units" of
service provided at a rate of $24.1 O. HRS has estimated that we would earn approximately
$9,640 through June 30, 1995 based on our program description. The MADDADS organization
(our partners in this project) has revised the budget for the program to reflect the State's rate and
method of funding. Additionally, MADDADS will provide a matching cash contribution of
$3601.
The contract has been reviewed by the City Attorney and has been found legally sufficient.
Please find attached a copy of the revised budget.
RECOMMENDATION
Staff recommends approval of this request to enter into a contract to provide drug prevention
services through the Children's Substance Abuse Program.
¡·D.
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M E M 0 RAN DUM
TO: Dorothy Ellington, Community Development Coordinator
FROM: Charles Ridley, MADDADS Director
SUBJECT: Project Excel Focus Five
DATE: March 1, 1995
As per our conversation I am submitting a revised budget for
project Excel Focus Five.
Salaries:
One Part-Time Program Coordinator
($11.66 per hour x 29 hours per week x 14 weeks) = $ 4,734.00
Two Part-Time Activities Coordinators
($6.82 per hours x 20 hours per week x 12 weeks) = $ 3,274.00
FICA $ 613.00
Total Salary Cost $ 8,621.00
proqram Cost
Program Activities $ 1,710.00
Field Trips $ 1,410.00
Artistic Production $ 1,000.00
Supplies $ 500.00
Total Program Cost $ 4,620.00
Total Project Cost $13,241.00
Income
HRS. Block Grant $ 9,640.00
MAD DADS Contribution $ 3,601.00
Total $13,241.00
·
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[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW IsI AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278·4755 Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
f l 0 I I D A
tdtd
All-America City MEMORANDUM
, , III! DATE March 8, 1995
1993 TO: Dorothy Ellin,gtoIl, Community Development Coordinator
t~ ~~.../'- .
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Children's Substance Abuse Grant
After reviewing the proposed contract, with attachments, between the City and HRS, it is
my opinion that the contract is legally sufficient: ~owever, this contract contains numerous
paragraphs setting forth what the City must do in order to receive the funds from the gréi1l:t.
If any of these items are not complied with, then HRS will not be required to reimburse the
City for the expenses it incurred under this program.
Please call if you have any questions. '
cc: Susan A. Ruby, City Attorney
Lula Butler, Community Improvement Director
grantrbs
-
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· - .
,
'. A<jenda Item No.: [?I>.,
,
'AGENDA REQUEST
Da te: 3/14/95
Request to be placed on:'
Consent
X ReqN~ Agenda Special Aqenda Workshop A<jenda
When: 3/21/95
rug
ORDINANCE/ RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO
Recommenda t ion: Staff recommends approval.
.
Department Head S1qnature: ~ ~.::::.._> .
I
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Determination of Consistency with Comprehensive Plana
City Attorney Review¡ Recommendation (if applicable): .
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
Ci ty Manager Review: ~'. ",_ .
, '/ ~ ~ ¡ \.) b-(
@, . ~i '-~J1>' i, b. ,-< -¿:LAt<.t<^.-" I/-¿ , l.'-,,-,,' ..\
1\pproved for aqenda: YE~/ NO - . , " . ; ". 'j / / ·
Hold Unti l: ./ k '-<~K? tvi-, <~~-~ r;:~zj.
[4 L__;-'>,-<j7:- -b'Yf- r~o~ Jr¿-,.~ £J
Agenda Coordinator Review: L~~'-iX ic 1.\:,-<2, .~~,,'- ,,:--(."::,-<"': f~¡,'.
n . d· î' k"",¿ry" --d;y,. .J<...t:~ l.k< ~"'';'.\n~
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1\c t ion: Approvedl 01 sapproved' '&J+¡\-'t!(~~'1. '-
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.
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, Dec:rtment of Health and Rehabilitative Services,
hereinafter referred to as the "department", and The Ci ty of elray Beach .
, hereinafter referred to as the ·provider".
THE PARTIES AGREE: 4. To provide a financial and comPlia~ce audit to the
I. THE PROVIDER AGREES: department as specified in Attachme t I I 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) I . are specified in Attachment I, Special Provisions,
B. Federal Laws and Regulations Section N I A
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, keeping requirements in all approved subcontracts and
and/or 45 CFR, Part 92, and other applicable
regulations as specified in Attachment I 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 NIA
standards, orders, or regulations issued under Section
306 of the Clean Air Act. as amended (42 U.S.C. 7. This contract is funded from a grants and aids
1857(h) et seq.), Section 508 of the Clean Water Act, appropriation.
as amended (33 U.S,C. 1368 et seq.), Executive Order L
11738, and Environmental Protection Agency D. Retention of Records
regulations (40 CFRPart 15). The provider shall report 1. To retain all client records, financial records,
any violations of the above to the department. sUlj>porting documents, statistical records, and any
3. If this contract contains federal funding in excess of otlier 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 N / A . 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 in paragraph D.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
I . These reports will be used for monitoring
3. To maintain and file with the department such progress or performance of the contractual services as
progress, fiscal and inventory reports as specified in specified in Attachment I
Attachment I ,and other reports as the
department may require within the period 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 G.lnsurance
are being provided. The provider will rectify all noted
deficiencies provided by the department within the 1. To provide adequate 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 contract. The provider accepts full responsibility for
shortcomings. The provider's failure to correct or identifying and determining the type(s) and extent of
justify within a reasonable time as specified by the liability insurance necessary to provide reasonable , .
department may result in the withholding of payments, financial protections for the provider and the clients to
being deemed in breach or default, or termination of be served under this contract. Upon the execution of
this contract. this contract, the provider shall furnish the department
F.lndemnlfication written verification supporting both the determination
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 I 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
attomey's fees, arising out of the negligent or . defined by section 768.28, Florida 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 H. Safeguarding Information
agents, subcontractors, and employees, in the course
of the. operation of this contract. Also, the provider Not to use or disclose any information concerning a
agrees to defend the department, upon r~ceiving 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 I. Client Information
of the operation of this contract. Where the provider
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 datat 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 J. Assignments and Subcontracts
In no event shall the provider be liable for or have any
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. de~med in any event or in any manner to provide for
the incurrence of any obligation of the department in
2. Any provider who is a state agency or subdivision, as addition to the total dollar amount agreed upon in this
defined in section 768.28, Florida Statutes, agrees to contract. All such assignments or subcontracts shall
be fully responsible for its negligent acts or omissions be subject 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 ~ 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 of 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
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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 a.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 I 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/seI'Vices 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 Recycled Content
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 products or materials which are the subject of, or
manner, the department will charge interest of one (1) tre required to carry out this contract shall be
percent per month compounded on the outstanding rocured 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 Riøhts Requirements
2. For state universities, should repayment not be made 1. ProvlCler Assurance
within forty (40) calendar days after the date of The provider assures that it will comply with:
notification, the department will notify the State a. Title VI of the Civil Rights Act of 1964, as amended,
Comptroller's Office who will then enact a transfer of 42 U.S.C. 2000d et seq., which prohibits
the amounts owed from the state university's account discrimination on the basis of race, color, or national
to the account of HRS. origin.
M. Incident Re~orting 1 b. Section 504 of the Rehabilitation Act of 1973, as
1. Client Risk revention amended, 29 U.S.C. 794, which prohibits
If services to ciients will be provided under this discrimination on the basis of handicap.
contract, the provider and any subcontractors shall, in c. Title IX of the Education Amendments of 1972, as
accordance with the client risk prevention system,
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.
2. Abuse, Neglect and Exploitation Reporting d. The Age Discrimination Act of 1975, as amended, 42
U.S.C. 6101 et seq., which prohibits discrimination
In compliance with Chapter 415, Florida 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 disabled adult is or has been abused, neglected, or Act of 1981, as amended, 42 U.S.C. 9849, which
exploited, shall immediately report such knowledge or prohibits discrimination on the' basis of race, creed.
suspicion to the central abuse registry and tracking color, national origin, sex, handicap, political
system of the department on the single statewide toU- affiliation or beliefs.
free telephone number (1-800-96ABUSE).
N. Transportation Disadvantaged 1. The Americans with Disabilities Act of 1990, P.L 101-
If cli~nts are to be transported under this contract, the 336, which prohibits discrimination on the basis of
disability and requires reasonable accommodation
pro~lder will comply with the provisions of Chapter 427, for persons with disabilities.
Flonda Statutes. and Rule Chapter 41-2, Florida
"
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7/1/94 .
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"
g. All regulations, guidelines, and standards as are now 3. Unless justified by the provider and agreed to by the
or may be lawfully adopted under the above department in Attachment I, Section N / A ,the
statutes. department will not furnish services of support (e,g"
office space, office supplies, telephone service,
The provider agrees that compliance with this secretarial, . or clerical support) normally available to
assurance constitutes a condition of continued career service employees.
receipt of or benefit from funds provided through .
this contract, and that it is binding upon the S. SponsorshIp
provider, its successors, transferees, and assignees As required by section 286.25, Florida Statutes. if the
for the period during which services are provided. provider is a nongovernmental organization which
The provider further assures that all contractors, sponsors a program financed wholly orin part by state
subcontractors, subgrantees, or others with whom it funds, including any funds obtained through this
arranges to provide services or benefits to contract, it shall, in publicizing, advertising or describing
I participants or employees in connection with any of the sponsorship of the program, state: "Sponsored by
its programs and. ~ctivities are not dis~ri~inat!ng The City of Delray Beach
against those participants or employees In violation
of· the above statutes, regulations, guidelines, and
standards. PROVIDER
. . and the State of Florida, Department of Health and
2. Compliance Qu~stlonnalfe , Rehabilitative Services". If the sponsorship reference is in
In accordance w~h, H~SM 22.0-2, .the provlde~ agrees written material, the words "State of Florida, Department
to complete the CIvil Rights ~ómp~lance auestl~nnalre, of Health and Rehabilitative Services" shall appear in the
HRS Forms 946 A and B, if servtces are provided to same size letters or type as the name of the organization,
clients and if 15 or more people are employed.
T. Discounted Invoices
a.Requlrements C?f Section 287.058, Florida Statut~s To allow a N / A percent discount on selected
1. To ~ubmit bills for fees or. ~ther co":,pensatlon for invoices whicn are paid in less than N / A days. The )
servtce~ or expenses ,in sufficient detail for a proper provider must clearly mark any invoice with the discount
pre-audit and post-audit thereof. if it is to be allowed. The provider may submit invoices
with or without the negotiated discount terms. The
2.Where applicable, to submit bills for any travel department shall comply with subsection 215.422(4).
expenses in accordance with section 112.061, Flprida Florida Statutes, if a discounted invoice is offered.
Statutes. The department may, when specified in
Attachment I , establish rates lower than the U. Final Invoice
maximum provided in section 112..061, Florida The provider must submit the final invoice for payment to
Statutes. the department no more than 10 days after the
contract ends or is terminated; if the provider fails to do
3. To provide units of deliverables, including reports, so, all right to payment is forfeited and the department
findings, and drafts as specified in 1 will not honor any requests submitted after the aforesaid
Attachment I ,to be received and time period. Any payment due under the terms of this
accepted by the contract manager prior to payment. contract may be withheld until all reports due from the
provider and necessary adjustments thereto have been
4. To comply with the criteria and final date by which approved by the department.
such criteria must be met for completion of this . ., .
contract as specified in Section 1\1 Paragraph A.2. of V. Use Of Funds For LobbYing ProhIbited
this contract. ' To comply with the provisions of section 216.347, Florida
Statutes, which prohibits the expenditure of contract
5. To allow public access to all documents, papers, funds for the purpose of lobbying the Legislature, judicial
letters, or other materials subject to the provisions of branch or a state agency.
Chapter 11~. Florida ~tatut~s, a~d ~de or receive,<f II. THE DEPARTMENT AGREES:
by the provIder In conjunction with this contract. It IS
expr~ssly understood that subs~antia) evide~~e of the A. Contract Amount
provl~er s refusal to comply with this provIsion shall To pay for contracted services according to the
constitute a b¡aCh of contract. conditions of Attachment I in an amount not to exceed
. . ' $ 9, 640.00 . subject to the availability of
R. Withholdlnqs a d Other B~nefits .. . funds. The State of Florida's performançe and obligation
1. The provider .IS responsible for Social Security and to pay under this contract is contingent upon an annual
Income Tax withholdlngs. appropriation by the Legislature. The costs of services
, '. . paid under any other contract or from any other source
2. The provider is not entitled to state retIrement or leave are not eligible for reimbursement under this contract.
benefits except where the provider is a state agency.
4
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B. Contract Payment
Pursuant to section 215.422, Florida 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 contràct 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
until a properly completed invoice, as defined in Rule delivered by certified mail, return receipt requested, or
Chapter 3A-24, Florida 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 3. Termination for Breach
unless the bid specifications. purchase order or contract
specifies otherwise. Such approval ¡sfor the purpose of Unless the provider's breach Is waived by the
authorizing payments and does not constitute a final department in writing, the department may, by written
approval of services purchased under this contract. A notice to the provider, terminate this contract upon no
payment is deemed to be issued on the first working day less than twenty-four (24) hours notice. Said notice
that payment is available for delivery or mailing to the shall be delivered by certified mail, return receipt
provider. If a warrant in payment of an invoice is not requested, or in person with proof of delivery. If
issued within forty (40) days, or thirty-five (35) days for applicable, the department may employ the default
health care providers as defined in Rule Chapter 3A-24, provisions in Chapter 6OA-1.006(4), Florida
Florida Administrative Code, after the receipt of the Administrative Code. Waiver of breach of any
invoice and receipt, inspection, and approval of the pro\tisions of this contract shall not be deemed to be a
goods and services, the department shall pay to the waiver of any other 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 provisions 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 C. Notice and Contact
for health care providers as defined in Rule
Chapter 3A-24, Florida 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 Mary Montgomery
department from this obligation to pay interest penalties. P. o. Box 3084
C. Vendor Ombudsman Lantana, FL 33465
A Vendor Ombudsman has been established within the (407) 540-1308
Department of Banking and Finance. The duties of this
individual include acting as an advocate for vendors who 2. The name, address and telephone number of the
may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor representative of the provider responsible for
I Ombudsman may be contacted at (904) 488-2924 or by administration of the program under this contract is:
calling the State Comptroller's Hotline. 1-800-848-3792. LuIa Butler ¡
III. THE PROVIDER AND DEPARTMENT MUTUALLY 100 N. w. First Avenue
AGREE: Delray Beach, FL 33444
(407) 243-7203
A. Effective Date March 29,1995
1. This contract shall begin on 3.ln the event that different representatives \ are
or on the date on which the contract has been 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 June 30, 1995 party and said notification attached to originals of this
contract.
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Contract No.
D.Renegotlatlon 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 Dorothy Ellington
duly signed. The parties agree to renegotiate this
contract If federal and/or state revisions of any 100 N. w. First Avenue
applicable laws, or regulations make changes in this Delray Beach, FL 33444
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 { Attachments I and II
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 tp
whom the payment shall be made:
City of Delray Beach
100 N. W. First Avenue
Delray Beach, FL 33444
IN WITNESS THEREOF, the parties hereto have caused this 25 page contract to be executed by their undersigned
officials as duly authorized.
PROVIDER ~ STATE OF FLORIDA, DEPARTMENT OF
City of Delray Beach HEALTH AND REHABILITATIVE SERVICES
SIGNED, BY: SIGNED BY:
NAME: NAME:
TITLE: TITLE:
DATE: DATE:
FEDERAL ID NUMBER (or SS Number for an Individual):
59-6000308
STATE AGENCY 29 DIGIT SAM AS CODE:
-----------------------------
PROVIDER FISCAL YEAR ENDING DATE:
September 30
CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY
BOTH PARTIES
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07/01/94 Contract No.
Alcohol, Drug Abu.. and Kental Health servic.. (ADK)
ATTACHMENT I - PURCHASE OF SERVICES
A. Services To Be Provided
The provider will ensure provision of the services
. specified in Exhibit -A- for Alcohol, Drug Abuse and Mental
Health Services (ADM). The provider is responsible for the
administration and provision of programs and services in the
county (ies) of Palm Beach ~ .
B. Manner of Service provision
1. The provider will comply with the service
definitions and documentation requirements given in the Guide
to Performance contracting for Alcohol, Drug Abuse and Mental
Health Services and with all other applicable state standards,
provided they are specified in Florida Statutes or
Administrative Codes established by the department or made
known in writing to the provider with thirty (30) days advance
notice .' ,
2. The provider will pursue ~nd submit vouchers on all
Medicaid eligible clients for Medicaid eligible services.
3. If the provider participates in the ADAMHA Block
Grant Program, the provider will comply with the ADAMHA
Reorganization Act, P.L. 102-321, section 201 Part B of Title
XIX of the Public Health Service Act (42 U.S.C. 300x et seq)
as amended July 10, 1992. If applicable, the provider also
will comply with the conditions in Exhibit C.
C. Method of Payment
1. This is a fixed price (unit cost) contract.
Pursuant to section 20.19(12)(e)3., F.S., the department shall
pay the provider for the delivery of service units provided in
accordance with the terms of this contract for a total dollar
amount not to exceed $'9,640.00 , subject to the availability
of funds.
2. The department agrees to pay for the service units
at the unit price(s) and limits listed in Exhibit A.
3. The provider will provide additional services
eligible as local match up to the amount specified in
Exhibit A, the value of which is $3,213.33 .
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07/01/94 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES
4. Payment System
a. Invoice Reauirements: The provider shall
request payment on a monthly basis through submission of a
properly completed invoice (Exhibit -B-) within 10 days
. following the end of the month for which payment is being
requested.
t b. Payment may be authorized only for eligible
services to eligible clients as specified on the invoice and
in accordance with Exhibit A and other terms and conditions of
this contract. The number of service units for which payment
is requested may not, either by themselves or cumulatively by
totaling service units on previous invoices, exceed the total
number of units authorized in Exhibit A of this contract.
c. The department may release less money than
requested for reimbursement when the release of such amounts
would cause the provider to receive an amount in a given month
which exceeded the pro rata share of the total contracted
amount. (Pro rata share is defined as the balance of the
contract amount divided by the remaining months in the
contract.) The department may, if funds are available,
release more than the monthly pro rata share when the provider
submits a written request justifying the release of additional
funds and that request is approved by the department.
d. The department may withhold payment, if a
provider is determined by the department to be out of
compliance with the terms of the contract. No payment,
however, will be made, if the provider has not submitted full
client and services information, which is required for the
Interim Data System, 60 days after the dates specified in
Exhibit D, Required Reports.
e. The department's decision to reduce or withhold
funds shall be in writing and submitted to the provider. The
written notice will specify the manner and extent to which the
provider has failed to comply with the terms of the contract.
When the situation identified as problematic is corrected,
payment shall be reinstated to the provider.
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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 '1'n 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 Seé~ion 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 programmatic
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 Care Services.
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 primary medical care services. This will
enable the provider to better coordinate with and communicate
to other professionals intervening with thè 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).
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07/01/94 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES
6. Performance Objectives and Outcome Measures
.
Pursuant to Florida Statute 20.19(20) (c)l., thé
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.
7. Financial Disclosure
The provider agrees to disclose the exact amount of
contract funding used to compensate each employee or other
subcontractor to the provider on an individual basis.
The provider will submit a FINAL REPORT OF EXPENDITURES due no
later than 45 days following the ending date of the contract.
This expenditure report will. show the total amount of compensa-
tion from the contract (including salaries, wages, fringe benefits,
bonuses, perquisites, e~c.), to each employee of the provider,
by name, position title, and rate of pay.
L
If the compensation to an employee of the provider is made up,
in whole or in part, by funds received by the provider under
other dep~rt.ent (HRS) contract(s), the report must include
additional columns in order to identify these amounts by HRS
Contract Number.
Each subcontractor of the provider will be considered the same
as an employee for purposes of this report. Subcontractors are
not required to report compensation paid to each employee on an
individual basis.
8. Contract Payment
The following language is to be substituted for con-
flicting language found in Section II, Paragraph B, of the
Standard Contract:
.
With the exception of payments to health care providers for
hospitali medical, or other health care services, if payment is
not available within 40 days, measured from the latter of the
date the invoice is received or th'e goods or services are
received, inspected and approved, a separate interest penalty
set by the Comptroller pursuant to Section 55.03,F.S., will be
due and payable in addition to the invoice amount. To obtain
the applicable interest rate, please contact the District Fiscal
Office.
10 HC03
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07/01/94 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES
9. Definitions of Services and Unit of Measure
Prevention services are those involving strategies that
preclude, forestall, or impede the development of substance abuse and
promote responsible personal and social growth of individuals and
families toward full human potential: For substance abuse,
alternative services are designed to provide structured, drug-free
activities involving multiple contacts over a specific period of time
to individuals or groups identified as having specific risk factors
for substance abuse in order to reinforce and promote positive, drug
free, behaviors.
The unit of measure for prevention services is non-direct
staff hours. Non-direct staff hours are used for counting services
not directly associated with a single client. Non-direct staff hours
include time for preparation and presentation.
A unit of service does not include the time direct service
staff spend in training, in supervising, in administrative activities
in general, in charting, or annual and sick leave and other leave.
Nor do these standards apply to executive'and administrative staff
unless they are providing client care.
,
10. Special Program Services provisions
Screen and admit a minimum of 24 at-risk fifth graders who
are currently enrolled in Pine Grove Elementary and who satisfy the
following criteria:
a. Have not been diagnosed and do not demonstrate signs of
clinical psychiatric or emotional problems.
,
b. Have not been identified with a serious psychological or
emotional learning disability_
c. Mayor may not be involved with alcohol or drugs.
d. Have demonstrated attendance pròblems.
e. Performing below their academic level of pote~tial.
f. Have not been retained for more than one academic year.
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07/01/94 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES
g. Have parents who will consent to their child's
participation in the program.
The provider shall provide services èo improve self-esteem; improve
academic performance in reading, writing and math; provide
opportunities and activities to expand and widen cultural and
educational horizon; provide parent effectiveness training and parent
conferencing; provide basic course that will teach appropriate
etiquette, good manners, communication skills, etc.; provide basic
course about the importance of taking care of the environment and the
consequences of failing to do so; and provide teacher conference and
collaboration to improve students' academic attendance and classroom
behavior.
11. Program Objectives
(1) Participant Objective: At least 85% of at-risk 5th
graders in the target area will have increased knowledge about
alternatives and more positive lifestyles by developing life and
problem solving skills, academ~c improvement and increased drug
awareness. -
(2) Impact objective:
a. 80% of students enrolled will successfully
complete the program. Agency report is due
fifteen days after end of each marking period.
b. 60% of the program will include life skills and/or
parenting skills.
c. The Excel Focus 5 program will provide a minimum
of five (5) community based activities to include
key community organization and stakeholders.
d. 80% of students will show improvement in academic
attendance and classroom behavior.
,
e. 80% of parents or guardian will participate in the
program and attend the Parent Effective Training
Program.
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07/01/94
ALCOHOL, DRUG ABUSE AND MENTAL HEALTH SERVICES
PURCHASE OF SERVICES
EXHIBIT B - INVOICE
PROVIDER NAME AND ADDRESS: REGULAR -
FINAL -
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444 CONTRACT #
TIME PERIOD: March 15, 1995 TO: June 30, 1995 DATE: February 23, 1995
INDIVIDUALS/GROUPS COST CONTRACT # UNITS BILlABLE
SERVED CENTERS RATE PROVIDED AMOUNT
Substance abusing children/adolescents Prevention $24.1 0
and their families.
TOTAL CONTRACT AMOUNT:
I CERTIFY THAT THE ABOVE REPORT IS A TRUE AND ACCURATE REFLECTION OF THIS PERIOD'S
ACTIVITIES AS STIPULATED IN THIS CONTRACT.
SIGNATURE OF AGENCY OFFICIAL
TITLE DATE
APPROVED FOR PAYMENT:
HRS/ADM CONTRACT MANAGER SIGNATURE DATE
L " HC03
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07/01/94
Alcohol, Druq Abuse and Kental Health Services(ADK)
community Mental Health and Substance Abuse Prevention and
Treatment Block Grant Requirements
BXHIBIT 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 grant funds are not used to make
cash payments to intended recipients of health services.
c. Ensure that block grant funds are accounted for in
a manner that permits separate reporting.
D. Ensure that block gramt funds are not used to
satisfy any requirement for the expenditure of non-feder~l 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 the
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.
15
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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 druq abuse is admitted to appropriate treatment
within 14 days of the request or is provided interim 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 regardinq 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
Druq Abuse: the Standard Intervention Model, the Behavioral
Counselinq Model, or the Indiqenous Leader Model. The provider
aqrees to obtain approval from the department for the method
used, to secure written approval from the department before
makinq any chanqes and ensure compliance with the specifications
qiven in Chapter 8-9 of the Guide to Performance Contracting
which contains additional ~federal requiremen~s.
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 Contractinq 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 fundinq aqreement is specified in Exhibit F. This
. information, subject to audit, will be retained by the department
as documentation of compliance with program requirements.
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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
· Quarterly Service provision Report.
Due Dates: 10/31/94; 1/31/95; HIA
4/30/95;and 8/15/95 Within 15 days ADM
after receipt Pros ram
· Response to Monitoring Reports of report 1 Off~ce
· Block Grant Funding Agreement
Program Reports. Due Dates: H/A
1/31/95; 4/30/95; and 7/15/95
· Age~cy Service capacity Report NIA
Cost Center Funding Sources ,
·
and Revenue Report NIA
· Local Match Plan ~ HIA
· Monthly Data Specified for
the Interim Data System HIA
optional Reports
· Cost Center Expense Report H/A
· Cost Center Personnel Detail
Report NIA
· Quarterly Local Match Analysis
Report NIA
· Indigent Drug Report NIA
.
" HC03
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07/01/94 ADM Services
REQUIRED REPORTS
EXHIBIT D (CO NT. )
Due Date CODies Send To
. Additional Reports Required for
Substance Abuse Providers
· State Interim Substance Abuse
Reports (SISAR: Admission,
Discharge, and Detox) N/A
· Substance Abuse Provider
Waiting List Report NIA
,) · Performance Measure Reports HIA
· Alpha/Beta Pre and Post
, Program Reports R/A
· AIDS Report NIA
· Prevention Services Report N/A
Additional Reports Required for
Children's Kental Health Service Providers
· Priority Service List RIA
1
. HC03
18
I
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THIS PAGE INTENTIONALL Y
LEFT BLANK
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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 ~nd maintain documentation
of Title IV-E expenditures for each Title IV-E el~gible
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.
1
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19 HC03
.
II
.
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
contracting for ADM Services for additional federal
requirements.
Required Expenditure 1 Amounts $ NIA
Alcohol $ H/A Other Drug $ H/A
3. Early Intervention Services for Human Immunodeficiency
Virus (HIV) Projects:
To expend substance abuse block 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 Expend~ture Amount $ HI A
! C. CDC AIDS Grant
1. To expend these federal funds in accordance with
Exhibit HI A .
Required Expenditure Amount $ NIA
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.
Required Expenditure Amount $ N/A
II. Performance Objectives and Outcome Measures
A. Community Forensic In-Jail Program - 100 percent of
referred detainees will be screened for determination
of need for mental health services.
.
, HC03
21
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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 with 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 $ NIA
B. Substance Abuse Prevention ~nd Treatment Block Grant
Funding Agreements
1. Alcohol and Other Drug Services:
a. To expend substance abuse block grant funds for
prevention and treatment activi~ies regarding alcohol.
Required Expenditure Amount $ NIA
Prevention: $ NIA Treatment: $ NIA
b. To expend substance abuse block grant funds for
prevention and treatment activities regarding other
drugs.
.
Required Expenditure Amount $ NIA
Prevention: $ NIA Treatment: $ NIA
.
. HC03
20¡
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07/01/94 ADM Services
Contract Performance Measures I
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) grape 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 a six month (for semester programs) or twelve month
(for full school year programs) grade level increase in
mathematics or will ptogress within grade level, as
measured by the Key Math Test or similar instrument.
3. Eighty percent of students identified as having
"significant" or "very significant" behavior problems
will demonstrate improvement on the Burks Behavior
Rating Scale or similar instrument.
,
4. Eighty percent of students who complete the Alpha
program 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 an<;1
HRS or police records.
C. Outreach Services
Outreach services funded by the Substance Abuse
Prevention and Treatment Block Grant will be provided i
I
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 :N / A ; 2. Behavioral:N/A¡ 3. Indigenous:J!L.Þ.
D. Children's Mental Health
1. N/A 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. N/A 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
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07/01/94 ADM Services
Contract Performance Measures
EXHIBIT F (Cont. )
E. Adult Mental Health Services
N/A 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:
í
1. A person awaiting admission ~o, in placemeJ:lt 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, short-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.
~
.
HC03
23
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:¡':"----.
,..
. .
. .
FINANCIAL AND COMPLIANCE AUDITS
ATIACHMENT n
This attachment is applicable, if the provider or grantee, hereinafter referred to as provider, is any local
government entity, nonprofit organi~tion, or for-profit organization.
An audit performed by the Auditor General shall satisfy the requirements of this attachment.
Part "I: FEDERALLY FUNDED
This part is applicable if the provider is a local government entity or nonprofit organization and received
a total of $25,000 or more in federal funds passed through the department during its fiscal year. The
provider has "received" federal funds when it has obtained the cash from the department to when it has
incurred reimbursable expenses.
Local governments shall comply with the audit requirements contained in Office of Man~ement and
Budget (OMB) Circular A-I28. Au~its of State and Local Governments. Nonprofit provideI:s shall
comply with OMB Circular A-I33. Audits of Institutions of Hieher Learnin¡ and Other Nonprofit
Institutions, except as modified herein. Such audits shall cover the entire organization for the
organization's fiscal year. The audit report shall include a schedule of financial assistance that discloses
each state contract by number.
Compliance findings related to contracts with the department shall be based on the contract
requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable,
the audit report shall state whether or not matching requirements were met. All questioned costs and
liabilities due to the department shall be fully disclosed in the audit report with reference to the
department contract involved,
If the provider has received any funds from a grants and aids'appropriation, the provider will also submit
a compliance report in accordance with the rules of the Auditor General, chapter 10.600, and indicate on
the schedule of financial assistance which contracts are funded from state grants and aids appropriations.
¡,
The provider agrees to submit the required reports as shown in Part IV.
PART II: STATE FUNDED .
'This part is applicable if the provider is a nonprofit organization that receives a total of $100,000 or more
from the department during its fiscal year, which is not paid on a set state or area-wide fixed rate of
service, and of which less than $25,000 is federally funded. The provider has "received" funds when it has
obtained the cash from the department or when it has incurred reimbursable expenses.
The provider agrees to have an annual financial audit performed by independent auditors in accordance
with the current Government Auditin~ Standards issued by the Comptroller General of the United
States. Such audits shall cover the entire organization for the organization's fiscal year. The scope of the
audit performed shall cover the financial statements and include reports on internal control and
compliance. The audit report shall include a schedule of financial assistance that discloses each state
contract by number.
Compliance findings related to contracts with the department shall be based on the contract
requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable,
the audit report shall state whether or not matching requirements are met. All questioned costs and
liabilities due to the department shall be fully disclosed in the audit report with reference to the
department contract involved.
If the provider has received any funds from a grants and aids appropriation, the provider will also submit
a compliance report in accordance with the rules of the Auditor General, chapter 10,600, and indicate on
the schedule of financial assistance which contracts are funded from state grants and aids appropriations.
The provider agrees to submit the required reports as shown in Part IV.
07/01194 24
---
...
«
«
PART m: CHAYI'ER 10,600 OR NO AUDIT REQUIREMENT
This part is ~pp1icable if the provider is either (1) a for-profit organization, (2) a local government entity
receiving less than $25,000 in federal funds form the department during its fiscal year, (3) nonprofit
organization receiving less than $100,000 from the department, of which less than $25,000 is federally
funded, during its fiscal lear, or (4) on a set state of area-wide fixed rate for service, of which less than
$25,000 is fed~ra1ly fun ed. The provider has "received" funds when it has obtained cash from the
department or when it has incurred reimbursable expenses.
If the provider receives funs from a grants and aids appropriation, the provider shall have an audit, or
submit an attestation statement, in accordance with the rules of the Auditor General, chapter 10,600.
The audit report shall include a schedule of financial assistance that discloses each state contract by
number and indicates which contracts are funded from state grants and aids appropriations~
The provider agrees to submit the required reports as shown in Part IV.
Otherwise, if the provider does not r~ive funds from a grants and aids appropriation, the provider has
no audit or attestation requirement required by this attachment.
PART IV: SUBMISSION OF REPORTS
Copies of the audit report and any management letter by the independent auditors, or attestation
statement, required by this attachment shall be submitted within 180 days after the end of the provider's
fiscal year, unless otherwise required by Florida Statutes, to the followmg:
A. Audit and Evaluation
1317 Winewood Boulevard, Building B, Room 492
Tallahassee, Florida 32399-0700
B. Contract manager for this contract
~
C. Submit to this address only those report prepared
in accordance with OMB Circular A-133:
Federal Audit Clearinghouse
P.O. Box 5000
Jeffersonville, Indiana 47199-5000
D. Submit to this address only those reports prepared
in accordance with the rules of the Auditor
General Chapter 10.600:
Jim Dwyer
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working papers are made available to the department, or its
designed, upon request for a period of five years from the date the audit report is issued, unless extended
in writing by the department.
...')
07/01/94
,
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t1c1
[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 I D A
.........
AI~America City MEMORANDUM
" III!
DATE: March 15, 1995
1993 TO: City Commission
FROM: David N. Tokes, Assistant City Attorn~
SUBJECT: Extension of Purchase Contract with Church of Living God, New
Macedonia and Assignment to Habitat for Humanity
In August, 1994, the City Commission approved the contract for the purchase of a
vacant parcel located on S.W. 7th Avenue from the Church of the Living God, New
Macedonia. Due to title problems, the closing was postponed. It now appears that the
title is clear; however, the contract expired. Therefore, this amendment is needed to
extend the closing date.
Additionally, the amendment will allow the City to assign the contract for the purchase
of the property. The City currently has an agreement with Habitat for Humanity of
Boca-Delray for lot acquisitions. As part of the City's effort to provide Habitat with
parcels, City staff is recommending that the contract with the Church of the Living God
be assigned to Habitat. The City will pay all closing costs; however, the title to the
property will go directly to Habitat rather than the City. The assignment will save time
and money, and allow Habitat to commence construction sooner than if the City took
title.
In order to complete the transaction, the following actions are recommended to the
Commission:
1) Approve the contract amendment with the Church of the Living God, New
Macedonia to extend the closing date and allow for assignment of the
contract.
2) Approve the assignment of the purchase contract to Habitat for Humanity of
Boca-Delray.
@ Printed on Recycled Paper F·E·
·
City Commission
March 15, 1995
Page 2
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Lula Butler, Director of Community Improvement
Alison MacGregor Harty, City Clerk
Dorothy Ellington, C.D. Program Coordinator
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this day of
, 1995, by and between
, (hereinafter referred to as " , "), the CITY OF DELRAY
BEACH, (hereinafter referred to as "CITY"), and HABITAT FOR HUMANITY OF
BOCA-DELRAY (hereinafter referred to as "HABITAT").
WIT N E SSE T H:
WHEREAS, the CITY is the contract purchaser under that certain Contract for Sale
and Purchase for the property described in the attached Contracts, copies of which are attached
hereto (hereinafter referred to as the "Contracts"); and
WHEREAS, the CITY desires to assign all of its right, title and interest in and to thè
said Contracts to HABITAT; and
WHEREAS, the HABITAT is desirous of acquiring the rights in the subject Contract;
and
WHEREAS, the CITY desires to assist HABITAT in acquiring the subject property as
part of its Affordable Housing Program.
NOW, THEREFORE, in consideration of the sum of Ten and no/1oo Dollars ($10.00)
and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, it is agreed as follows:
1. The CITY hereby assigns, without recourse, all of its right, title and interest in
and to the certain Contracts attached hereto to HABITAT.
2. HABITAT hereby accepts such assignment.
3. The CITY shall process all documents for closing the Contracts. At closing,
CITY shall pay to the closing agent sums equal to the purchase price of the property and
additional closing costs as indicated in the closing statement in order to provide HABITAT
with the required funds to close.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year fIrst above written.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Approved as to Form:
City Attorney
ATTEST: HABITAT FOR HUMANITY OF BOCA-
DELRAY
By:
assign-l.agt
2
.- .. ---..-- --_.~._-- ----.----- ----.--.--.-.- ._-- ------------.--------..
~
.
CONTRACT FOR SALE AND PURCHASE
CHURCH OF THE LIVING GOD, NEW MACEDONIA, ("Seller"), of
Delray Beach, Florida, and CITY OF DELRAY BEACH, a Florida
municipal corporation, ( "Buyer" ) , hereby agree that the Seller
shall sell and the Buyer shall buy the following real property
("Real Property") upon the following terms and conditions:
I. DESCRIPTION:
The West 50 feet of the South 100 feet of the South 1/2
less road right-of-way, Block 16, TOWN OF DELRAY,
according to the Plat thereof on file in the office of the
Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 1, Page 3.
II. PURCHASE PRICE . . . . . . . . . . . . . . . .$ 6,500.00
less any unpaid liens or taxes.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION
communicated in writing between the parties on or before August
31, 1994. The date of this Contract ("Effective Date") will be
the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date,
Buyer shall obtain a title insurance commitment.
V. CLOS ING DATE: This transaction shall be closed and the
deed and other closing papers delivered on or before September
30, 1994, unless extended by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take
title subject to: zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are
to be located contiguous to Real Property lines and not more
than 10 feet in width as to the rear or front lines and 7 1
feet in width as to the side lines, unless otherwise specified
herein) ; assumed mortgages and purchase money mortgages, if
any; provided, that there exists at closing no violation of the
foregoing and none 0 f them prevents the use of Real Property
for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in
occupancy other than Seller, bit of Property is intended to be
rented or occupied beyond closing, the fact and terms thereof
shall be stated herein, and the tenant(s) or occupants dis-
closed pursuant to. Standard D. Seller agrees to deliver
·.....---.
occupancy of Property at time of closing unless otherwise
stated herein. If occupancy i~ to be delivered before closing,
Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in
their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or
handwritten provisions shall control all printed provisions of
Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment
issued by a Florida licensed title insurer agreeing to issue to
Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price,
insuring Buyer's title to real property, subject only to liens,
encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or
before closing. Seller shall convey a marketable title subject
onl y to liens, encumbrances, exceptions or qualifications set
forth in this agreement and those which shall be discharged by
Seller at or before closing. Marketable title shall be deter-
mined according to applicable title standards adopted by
authority of The Florida Bar and in accordance with law. If
title is found defective, Buyer shall notify Seller in writing
specifying defect(s). If the defect(s) render title unmarket-
able, Seller will have one hundred twenty (120) days from
receipt of notice within which to remove the defect(s), failing
which Buyer shall have the option of either accepting the title
as it then is or demanding a refund of deposit(s) paid which
shall immediately be returned to Buyer; thereupon Buyer and
Seller shall release one another of all further obligations
under the agreement. Seller will, if title is found unmarket-
able, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary
suits.
B. Survey: Buyer, at Buyer's expense, within time
allowed to deliver evidence of title and to examine same, may
have real property surveyed and certified by a registered
Florida surveyor. If survey shows encroachment on real
property or that improvements located on real property encroach
on setback lines, easements, lands of others, or violate any
restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
C. Ingress and Egress: Seller warrants and repre-
sents that there is ingress and egress to the real property
.
-2-
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.
sufficient for the intended use as described herein, title to
which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen
(IS) days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying
. the nature and duration of the tenant's occupancy, rental
rates, advanced rent and security deposits paid by tenant. If
Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer wi thin
that time period in the form of a Seller's affidavit, and Buyer
may thereafter contact tenants to confirm such information.
Seller shall, at closing, . deliver and assign all original
leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of
closing an affidavit attesting to the absence, unless otherwise
provided for herein, of any financing statements, claims of
lien or potential lienors known to Seller and further" attesting
that there have been no improvements or repairs to property for
ninety (90) days immediately preceding date of closing. If
property has been improved, or repaired within that time,
Seller shall deliver releases or wai vers of mechanics' liens
executed by all general contractors, subcontractors, suppliers,
and materialmen in addition to Seller's lien affidavit setting
forth the names of all such general contractors, subcon-
tractors, suppliers and materialmen and further affirming that
all charges for improvements or repairs which could serve as a
basis for a mechanic's line or a claim for damages have been
paid or will be paid at closing.
F. Place of Closinq: Closing shall be held in the
county where real property is located, at the office of the
attorney or other closing agent designated by Buyer.
G. 'rime: 'rime is of the essence of this agreement.
Time periods herein of less than six (6 ) days shall in the
computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which
shall end on Saturday, Sunday or legal holiday shall extend to
5:00 p.m. of the next business day.
H. Documents tor Cloainq: Buyer shall furnish
deed, bill of sale, mechanic's lien affidavit, assignments of
leases, tenant and mortgagee estoppel letters, and corrective
instruments. Buyer shall furnish closing statement, mortgage,
mortgage note, security agreement, and financial statements.
I. Expense.: Documentary stamps on the deed and
recording corrective instruments shall be paid by Buyer.
oJ. Prorationa¡ credit.: Taxes, assessments, rent,
interest, insurance and other expenses and revenue of property
shall be prorated t~rough day before closing. Buyer shall have
-1-
. . . - -. ..~-- -~ --.-- ... - .~- - - ..--._- - . _. ~. - - .- -~_.- ._-- .- .-.. ------.------------.--
the option to taking over any existing policies of insurance,
if assumable, in which event premiums shall be prorated. Cash
at closing shall be increased or decreased as may be required
by prorations. Prorations will be made through day prior to
occupancy if occupancy occurs before closing. Advance rent and
security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be
prorated based on the current year's tax with due allowance
made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current
year's milage is not fixed, and current year's assessments is
available, taxes will be prorated based upon such assessment
and the prior year's milage. If current year's assessment is
not available, then taxes will be prorated on the prior year's
tax. If there are completed improvements on real property by
January 1st of year of closing which improvements were not in
existence on January 1st of the prior year then taxes shall be
prorated based upon the prior year's milage and at an equitable
assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser
for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate may, at
request of either Buyer or Seller, be subsequently readjusted
upon receipt of tax bill on condition that a statement to that
effect is in the closing statement.
K. Special A.....ment Li.n.: Certified, confirmed
and ratified special assessment liens as of date of closing
(and not as of Effective Date) are to be paid by Seller.
Pending liens as of date of closing shall be assumed by Buyer.
If the improvement has been substantially completed as of
Effective Date, such pendi.ng lien shall be considered as
certified, confirmed or ratified and Seller shall, at closing,.
be charged an amount equal to the last estimate of assessment
for the improvement by the public body.
L. Risk of Loss: If the property is damaged by
f ire or other casualty before closing and cost of restoration
does not exceed the purchase price of the property so damaged,
cost of restoration shall be an obligation of the Seller and
closing shall proceed pursuant to the term so the agreement
with restoration costs escrowed at closing. If the cost of the
restoration exceeds three percent (3%) of the assessed
valuation of the improvements so damaged, Buyer shall have the
option of either taking property as is, together with either
the three percent (3%) or any insurance proceeds payable by
virtue of such loss or damage, or of cancelling the agreement
and receiving return of deposit(s).
M. Failure of Performance: If, for any reason
other than failure of Seller to make Seller's title marketable
after diligent effort, Seller fails, neglects or refuses to
perform this Contract, the Buyer may seek specific performance
or elect to receive the return of Buyer's deposit(s) without
_A_
.
. '. ...-.-- - - .__ n._ _______.____
. .
thereby waiving any action for damages resulting from Seller's
breach.
N. Aqreement Not Recordable; Persons Bound; Notice:
Neither this agreement nor any notice of it shall be recorded
in any public records. This agreement shall bind and enure to
the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and
one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or
to that party.
Q. Conveyance: Seller shall convey the property by
way of Warranty Deed subject to an easement for any utilities
that may exist and lie on the property.
P. Other Aqreements: No prior or present agree-
ments or representations shall be binding upon Buyer or Seller
unless included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless
in writing and executed by the party or parties intended to be
bound by it.
Q. Warranties: Seller warrants that there are no
facts known to Seller materially affecting the value of the
real property which are not readily observable by Buyer or
which have not been disclosed to Buyer.
BUYER: SELLER:
City of Delray Beach Churc~~f the Living God,
New~ edct'nia '. ..
) ~ / ,. ../ -
By : ':;¡¿,.,....J !_ .,. 'I /.., I,' .
fr~ B'y>-, "/.~,jhÍ'f A 1 /. /' / / { , /. ~,
~Thomas Lynch, . /.. / ....
/
TTEST: w
at. MnY!f..t' k 11'1 IIa I~
City CI k
APpro~~orm:
~~Âttorney
.
..
--.-.
u. _.___......____ ____
--- -. .-- _ u. .__.~____._.. _.._.. _. _ _ ..__ _. ________...___._._._..__ _. ._______..._ ____.___..._.___ ... ._----.-. ---.---.---
.
State of Florida
County of Palm Beach
The forgoing instrument was acknowledged before me
* ~
th!,S lSJ!J. day of Ú¿'jl¿- , 1994, by :4/lU'¿'~{
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an oath.
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AMENDMENT NO. 1 TO
CONTRACT FOR SALE AND PURCHASE
TIDS AMENDMENT NO.1 to the contract dated August 16, 1994 ("Agreement"),
between the CHURCH OF THE LIVING GOD, NEW MACEDONIA ("Seller"), and the
CITY OF DELRAY BEACH ("Buyer"), is hereby entered into this _ day of
, 1995, amends the agreement as follows:
WIT N E SSE T H:
WHEREAS, the parties previously entered into a contract for the sale and purchase of
a parcel of land in Delray Beach, Florida; and
WHEREAS, the closing date has expired, however, the parties wish to extend the
closing date to the date as indicated in this amendment.
NOW, THEREFORE, in consideration of the mutual promises and covenants, the
parties agree as follows:
1. The closing date as stated in Paragraph V of the Agreement is extended to April
30, 1995.
2. Paragraph IX of the Agreement is amended to read as follows:
IX. ASSIGNABILITY: Buyer may assign the contract.
3. All other terms and conditions of the Agreement not in conflict with this
amendment shall remain in full force and effect.
WITNESS CHURCH OF LIVING GOD, NEW MACEDONIA
By:
(Type or Print Name) (Type or Print Name)
- . -
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 1995 by
(name & title of officer or agent) of (name of corporation
acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is
personally known to me or has produced
(type of identification) as identification and who did (did not) take an oath.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
CITY OF DELRA Y BEACH, FLORIDA
ATTEST:
By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form
and Legal Sufficiency:
City Attorney
2
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·
M E M 0 R AND U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ ~F - MEETING OF MARCH 21. 1995
SUBORDINATION OF UTILITY EASEMENT TO PALM BEACH COUNTY
DATE: MARCH 16, 1995
This is before the Commission to approve the subordination of a
City-owned utility easement to the property rights of Palm Beach
County. The easement is located in the northwest corner of High
Point West Section 3. It was granted to the City in 1982 by High
Point of Delray Builders, Inc. as part of an overall utility
easement dedication for water and sewer lines. The County is
requesting the subordination in conjunction with the acquisition
of right-of-way for the extension of Lake Ida Road west of
Military Trail.
Staff has no objection to the subordination since the City does
not maintain utility lines in this area. The City Attorney has
reviewed the documentation and has no legal objection to the
request.
Recommend approval of the subordination of an existing utility
easement to the property rights of Palm Beach County.
ref:agmemo8
..
, Agenda Item No.
AGENDA REQUEST
Date: 03/14/95
Request to be placed on:
XX Regular Agenda
special Agenda
Workshop Agenda When: 03/21/95
Description of item (who, what, where, how much): Staff requests
Commission approval of a request from Palm Beach County for subordination
of an existing utility easement located at the northwest corner of High
Point West section 3 to the property rights of Palm Beach County in
conjunction with R/W acquisition for extension of Lake Ida Rd. West of
Military Trail. Staff has no objection to the subordination since the
City does not maintain utility lines in this area. The City Attorney has
no legal objections to the subordination.
ORDINANCE/RESOLUTION REQUIRED: 1JJ/NO DRAFT ATTACHED 1JJ/NO
Recommendation: Staff recommends approval of an easement subordination
to palm Beach County for extension Lake Ida Rd. west of Military Tr.
DEPARTMENT HEAD SIGNATURE: (iQ... ~ 5r5
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds): ~
Funding available YES N ~~
Funding alternatives (if applicable)
Account No. , Description
Account Balance
City Manager Review:
Approved for agenda: éJ~/NO 1ft/)
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
..
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/
MEMORANDUM
TO: David T. Harden
City Manager aø
FROM: Richard C. Hasko,
P.E.
Deputy Director of Public utilities
SUBJECT: IMPROVEMENTS TO LAKE IDA ROAD
EL CLAIR RANCH RD. TO MILITARY TR.
DATE: March 15, 1995
Attached is an agenda request with a copy of a letter from
Palm Beach County requesting the City to subordinate an
existing utility easement to the property rights of Palm
Beach County in conjunction with right-of-way acquisition
for Lake Ida Road within the subject limits.
The easement (copy attached) is located in the northwest
corner of High Point West section 3, and was dedicated to
the City in 1982 as part of an overall utility easement
dedication for water and sewer lines. As we do not maintain
the water and sewer lines in this area, there is no
objection by Public utilities to the County's request. The
City Attorney has reviewed the attached documentation and
has no objection to execution of the document.
RCH: jem
c: William H. Greenwood, Director of ESD
C. Danvers Beatty, City Engineer
f: PBC
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MEMORANDUM : '~ .. r·,
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TO: Susan Ruby
City Attorney GL~
FROM: Richard c. Hasko, P.E.
Deputy Director of Public utilities
SUBJECT: IMPROVEMENTS TO LAKE IDA ROAD
MILITARY TRAIL TO EL CLAIR RANCH RD.
DATE: March 8, 1995
Attached for your review is ~ request from Palm Beach County
for subordination of an existing utility easement granted by
Highpoint West to the city. The easement is located at the
northwest corner of Highpoint West Section 3.
I see no potential problems with executing this agreement
since the City does not maintain water/sewer facilities
within this area of Highpoint West and, therefore, has no
requirement for access to facilities.
If your review reveals no legal issues, I will place this on
Commission agenda for approval. Otherwise, please transmit
any comments you may have to me and I will coordinate
necessary changes with the County.
RCH: jem
c: William H. Greenwood
C. Danvers Beatty
f: PBC
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Board of County Commissioners County Administrator
Mary McCarty, Chair A-ffrrJ.-, 65f1,.,& .~ Robert Weisman
.JI 'ï íJ'"- \t;
Ken L. Foster, Vice Chairman C¡~ /I. 0/'(;' 6c't!
Karen T. Marcus .; ç - 10'"
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Carol A. Roberts {f. ,":,1 Department of Engineering
Warren H. Newell and Public Works
Burt Aaronson
Maude Ford Lèe
March 8, 1995
City of Delray
4345 South Swinton
Delray Beach, FL 33444
Attn: Mr. Richard Hasko
RE: PARCEL No: 8
PROJECT No.: 86130 Lake Ida Road - EL Clair Ranch Road
to Military Trail ..
Dear Mr. Hasko:
Attached please find the Subordination of utility Easement, and a
sketch for the above referenced project.
We are request:i,ng that your agency execute the subordination as
soon as possible to expedite the acquisition of the right-of-way in
order for us to proceed with this project.
If you have any questions or comments, please do not hesitate to
contact me in the Right-of-way Acquisition section at (407)
684-4119.
Thank you for your cooperation.
Sinc~re1y, ~
é1~ tU~- >4
Craig ssendorf, Right-o -Way Agent
Right-of-Way Acquisition section
r
CW:sh
Attachments
I
c: Ed Handy, supervisor, Right-of-Way Acquisition section
Ronald Terrell, F.E. Special Projects Coordinator,
Roadway Production Division
\
"An Equal Opportunity - Affirmalive Aclion Employer"
@ p/in/ed on recycled pape, Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
,
.
.
Return to:
Right-of-Way Acquisition Section
Name: Palm Beach County Engineering
Post Office Box 21229
Address: West Palm Beach, Florida 33416
Attn: Kat Zinmerman
Aect. No.: 360-361-0005-6501
This Instrument Prepared by:
Name: Paul F. King, Assistant County Attorney \
Palm Beach County
Address: Post Office Box 21229
West Palm Beach, Florida 33416
P.C. No.: 00-42-46-11-18
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
Project No. : 86130
Project Name: Lake Ida Road
Parcel No. : 8
SUBORDINATION OF ENCUMBRANCE TO PROPERTY
RIGHTS TO COUNTY OF PALM BEACH, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That whereas it is proposed by the COUNTY OF PALM BEACH to locate, construct, maintain,
and/or improve a portion of Lake Ida Road in Palm Beach County, Florida, in accordance with survey and plans on file in the
Office of the County Engineer; and,
WHEREAS, a portion of the lands involved and necessary to said projects is subject to an easement held by the undersigned;
and,
.
WHEREAS, on behalf of the County of Palm Beach, a request has been made for the undersigned to subordinate said encumbrance
to the property rights of the County of Palm Beach in and to the portion of the premises hereinafter described;
NOW THEREFORE, WITNESSETH: That for and in consideration of the premises and One($1.00)Dollar and other good and valuable
considerations, paid, receipt of which is hereby acknowledged, the undersigned subordinates said encumbrance to the property
rights of the County of Palm Beach, Florida, to locate, construct, maintain and/or improve said project over, through, under
and/or across the following described lands, being a portion of the encumbered premises in Palm Beach County, Florida, to-wit:
See Exhibit "A" Attached Hereto and Made A Part Hereof
insofar as said premises are affected by the following described encumbrance now held by the undersigned:
NATURE OF RECORDED
ENCUMBRANCE DATE FROM OR AGAINST, IN FAVOR OF BOOK - PAGE
"
Easement 3-23-82 High Point of city of Delray OR3706 - 517
Delray Builders, Beach
Inc.
.
r
PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly understood and agreed that this instrument subordinates said,
encumbrance insofar as same affects the rights and privileges of the County of Palm Beach in its use of the land specifically
above described for highway purposes only, and that nothing herein contained shall in any way alter, affect, impair, minimize
or diminish the effect of said encumbrance or the remedies at law or in equity for recovering thereunder, or against the parties
charged thereby, the full amount of all sums secured by and/or under the same. It is further understood and agreed that in the
event said above described premises are abandoned by the County and cease to be used for highway and maintenance purposes that
in such event the subordination of said encumbrance shall terminate in and to such portion abandoned and no longer used as
aforesaid, and the encumbrance shall become of the same status with reference to such abandoned portion as if the subordination \
has never been made.
\
.
SUBORDINATION OF ENCUMBRANCE Project No.: 86130
PAGE TWO (2) Parcel No.: 8
(CORPORATION)
IN WITNESS WHEREOF the said holder of said encumbrance has duly
executed this instrument this day of A.D., 19___
"
Signed, sealed and delivered in the presence of:
(2 witnesses required by Florida Law)
City of Delrav Beach
Typed or printed name of Corporation
Typed or printed name of witness
BY:
Its Pr-e-s-id'e-nt~ 1/1 ~DjL
Typed or printed name of witness Typed or printed name of President
(CORPORATE SEAL)
Mailing address
ATTEST:
Its Secretary
STATE OF
Typed or printed name of Secretary
COUNTY OF
"
Before me, the undersigned authority, this day personally appeared
and
who are personally known to me or who have produced
as identification and who did/did not take an oath and who executed the
foregoing instrument as president and secretary respectively,
of the Corporation Qamed in the foregoing instrument, and they severally
acknowledged to and before me that they executed said instrument on behalf of
and in the name of said corporation as such officers; that the seal affixed
to said instrument is the corporate seal of said corporation and that it was
affixed theretå by due and regular corporate authority; they are duly
authorized by said corporation to execute said instrument and that said
instrument is the free act and deed of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official
seal this day of , A. D., 19_.
Notary Public in and for the
County and State aforesaid. ,
Typed or printed name of Notary Public,
(NOTARIAL SEAL)
My Commission expires:
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265-LGL
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LAWSON, NOBLE &. ASSOCIATES, INC.
CONSULTING ENGINEERS. LAND PLANNERS. SURVEYORS
420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA
PHONE (407) 684-6686
DESCRIPTION: PARCEL NO.8
.
A PORTION OF HIGH POINT OF DELRA Y WEST CONDOMINIUM SECTION 3, PHASE 3-E AS
DESCRIBED IN OFFICIAL RECORD BOOK 3769, PAGE 1568 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, ALSO LYING WITHIN SECTION 11, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SW ~ OF SAID SECTION 11; THENCE NORTH
89°05'56- EAST, A DISTANCE OF 60.00 FEET; THENCE NORTH 00025'Or WEST, A DISTANCE OF
656.92 FEET TO THE POINT OF BEGINNING ;THENCE CONTINUE NORTH 00025'Or WEST, A
DIST ANCE OF 16.88 FEET TO THE NORTHWEST CORNER OF SAID PHASE 3-E; THENCE NORTH
89°09'4r EAST ALONG THE NORTH LINE OF SAID PHASE 3-E, A DISTANCE OF 140.91 FEET;
THENCE SOUTH 83°18'53- WEST, A DISTANCE OF 81.35 FEET TO THE POINT OF CURVATURE OF
A CIRCULAR CURVE CONCAVE TO THE SOUTHEÀ-5T, HAVING A RADIUS OF 760.00 FEET AND A
CENTRAL ANGLE OF 04°34'44-; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, AN
ARC DISTANCE OF 60.74 FEET TO THE POINT OF BEGINNING.
CONT AINING 0.025 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD. I
BEARING BASED ON THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 11,
TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. HAVING AN ASSUMED
BEARING OF SOUTH 89°05'56- WEST.
.
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IlEaLSTQ\ED \.AHD IURVEYOR NO, 4213 !
I HBIIIIY C:Bn'FY TMAT ~ oøaurnoll AND ATTACHED ucnCH OF DDCftI"T1011 WBII _NIED '11 IT ATE OF FlONDA
ACCDRDAHCE wrTM ~ ~ ITANDNIDa. CHAl"TIft .,0'7... RDI'IDA ~n\AT1VE CODE. SET ¡;:/' 51/74'
fORTH ay ~ A.CINDA IIONID 01' u..o aUNEYOIW. PUl&UAHT TO a&:noll 472,07. RDNOA ITATVTU. AND DATE;
.11 TftUE AND CONW:T TO ~ aRT 01' MY 1UtO~ AND aaJII'. .
REVISIONS-UPDA TES DATE BY CK'D NOTE; TKI II NOT A ucnCH 01' IURVEY. a\lf ONLY A
œuuoMC oø.cnoll 01' THE DUCI'II"TIOII &HOWN ~N,
,.-1- , ..-: . 1-.'- _: _ ~ _?- ~ .. --. :. -,~ . I ; T\WUE HAl 1UÐO _ RELD W~ VIEWING OF THE ~ECT
-f·~ -~ - --- _ IJ P9IOPIJITY. OR MQN\NENTI SET 'II CONNø:noll WITH TIoE
_MAnoN 01' TKlIJIIFOAMAnoN &HOWN HHWON,
NOTE; LANDI IHOWII .-mil WØ\E _T AaaTl'oACTm FOI<
RIOKT-oF.WAY IUIOI'DI' EA.lBAENTI OF RS::DRD. \
JOB NO.: 94-129 I BY: LS I CHECKED: PCW F.B. PG. I SHEET 1 OF 2 !
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, LAWSON, NOBLE & ASSOCIATES, INC.
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
420 COLUMBIA DRIVE. WEST PALM BEACH. FLORIDA
PHONE (407)684-6686
SKETCH TO ACCOMPANY DESCRIPTION -1
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85~ II ~~ CONC. - CONCRETE I
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Po,c. ' OIS ... OFFSET
SOUT1-I YA CO~Ne;e
~c.."OIo,J fI-4c..-AZ. P.B. ... PLAT BOOK
F!oJ D ;:> ),,'-"^ sc.:...:. ~ c..o I.J NTY P.O.B. = POINT OF BEGINNING
B¡;¡;':"S.~ t:>.SoIC. , oJ COr-.JC-, P.O.C. = POINT OF COMMENCEMENT
S.F. = SQUARE FEET
O.R.B. = OFFICIAL RECORD BOOK \
SEE SHEET 1 OF 2 FOR DESCRIPTION SHEET 2 OF 2
JOB Pi:J. S4 -/2'3 BY' 5LS F - B . - PC.- D ATE I ¿,' 0 " 34
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 'ÕG - MEETING OF MARCH 21, 1995
FINAL PAYMENT/DIGBY BRIDGES. MARSH AND ASSOCIATES
DATE: MARCH 17, 1995
This is before the Commission to consider final payment to Digby
Bridges, Marsh and Associates for professional services related
to the completion of Tennis Center Phase III. Funding in the
amount of $4,160 is available from Tennis Center Phase III
(Account No. 334-4145-572-63.43) .
Recommend approval of final payment in the amount of $4,160 to
Digby Bridges, Marsh and Associates.
.
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: José AgUi1~
Asst. Const lon Manager
Date: March 7, 1995
Subject: Aqenda Request
De1ray Beach Tennis Center - Phase III
Project No. 94-71
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request City Commission approve Final Payment to Digby
Bridges, Marsh and associates for professional services as they
relate to the Tennis Center - Phase III project. The project was
successfully completed in time for the 1995 Winter Games.
Attached is a Consultant Evaluation form representing generally
good marks for their work on this project as well as a copy of
their final invoice.
cc: William Greenwood
File 94-71 (A)
\esd\9471\agmem321
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PAYMENT R:=VIEV'¡
.., ,,-.,r,'.I;:") C PARTiA.l PAYMEHT DIGBY BRIDGES,
"~' ;"F';:'KûVED u fiNAL PAYMSNT
~ '''.Sy 5.1.. 'I 'Iii MARSH & ASSOCIATES, P,A.
CHARTERED ARCHITECTS . PLANNERS . INTERIOR DESIGNERS
'! .., . ' - 1'" -6:3 ,'13
I :::' ''"'Gt::' Ar."'T #. 3-::>10(- 1/1(5 -~ - '
·.....u:.J I -.....Iv..
I
I D,¡, February 22, 1995
L-' ¡. (SIGNA TIJRE)
I Invoice Number 8
\ (PRINT)· Project 9214.00
City Of ¡j~'fè:Y Beach Florida ?{t< ¡,'" i
ENVIRONME At SERVICED
434 S. Swinton'Avenue
Delray Beach, Fl. 33444
Project: Delray Beach Tennis Center Phase III
For: PRJ 94-71 TENNIS CENTER PHASE III
P. O. # 529411
Professional Services January 21, 1995 through February 22, 1995
----------------------------------------------------------------
FEE
Phase Fee % Complete Fee Earned
Phase I 8,320.00 100.0 8,320.00
Phase II 8,320.00 100.0 8,320.00
Phase III 44,928.00 100.0 44,928.00
Phase IV 4,992.00 100.0 4,992.00
Phase V 16,640.00 100.0 16,640.00
Total Fees 83,200,00 Total Earned 83,200.00
Previous Fee Billing 79,040.00/
------------
Current Fee Billing 4,160.00
TOTAL THIS INVOICE = =C!.: ~ ~~.:~ ~"
BILLINGS TO DATE
Fee Current ~~ prior~' Total.~
4,160.00' 79,040.00 83,200.00
Totals 4,160.00 79,040.00 83,200.00
124 N,E. Fifth Avenue, Delray Bea(h, Florida 33483
407/278-1588 Palm Bea(h: 736-S866 Fax: -+07/278-7841
ncn 1I\IlO{Jwr"\s \1'" Jj,\lWOINO\O \)1\\1\ It\.\n\!lO~lIh
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Mr. Harden,
You had already signed off on this agenda request
when we received the "Performance Rating" report.
Would you want this to be included with the
backup material?'- t'~
Also, please initial memo. .-- /y'CJ/'~_
Thanks.
J»?
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Ook +he.. eÙA'/LLA--hon .
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tVf.) II A-5~ him foe R( mcd~' e.cL mErrìO.
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Agenda Item No.
AGENDA REQUEST
Date: March 7, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: March 21, 1995
Description of item (who, what, where, how much): Staff request
City Commission approve Final Payment to Diqby Bridqes, Marsh and
Associates for professional services related to the Tennis Center -
Phase III pro;ect in the amount of $4,160.00.
ORDINANCE/RESOLUTION REQUIRED: Not Required
Department head signature:
Determination of Consistency wi th Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds): ~
Funding available: E ~NO
Funding alternativ . (if a~licable~
Account No. &DeS~i7tiOn??~S-572. W3-43 ~NNI> plf-J
Account Balance /J ~.
City Manager Review: §/NO rt?i 1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9471\agreq321
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # () H - MEETING OF MARCH 21, 1995
CLOSEOUT CHANGE ORDER NO. 5 AND FINAL PAYMENT/CHAZ
EOUIPMENT COMPANY, INC.
DATE: MARCH 17, 1995
This is before the Commission to approve deduct closeout Change
Order No. 5 in the amount of $74,660.74, and final payment in the
amount of $65,142.70 to Chaz Equipment Company for the Central
Business District Alley Reconstruction - Phase II project.
Funding in the amount of $5,242.94 is available from Renewal and
Replacement - CBD Alleyways Phase II (Account No. 442-5178-536-
61.47) , $36,059.76 from Renewal and Replacement Manhole Rehabil-
itation (Account No. 442-5178-536-61.84) , and $23,840.00 from
Stormwater Utility - Rabbit Hollowe Drainage (Account No.
448-5411-538-62.44) .
Recommend approval of Change Order No. 5 and Final Payment to
Chaz Equipment Company for completion of the Central Business
District Alley Reconstruction - Phase II project.
Agerña Item No.:
AGIH}A ~
Date: MarCh 15, 1995
Request to be placed on:
_X_Regular J\gerña
Special J\gerña
Workshcp J\gerña ~: MarCh 21, 1995
Description of item (who, what, where, haw 1IIld1): staff requests City
Cnmnission to élRJI'OVe deduct c::haJ'çe Order #5, Final to 01az Equipnent Co., Inc.
for the Central Business District Alley Recanst.ruction - Ph II (Proj No. 93-02)
in the amount of $-74,660.74. c::haJ'çe Order #5 is for the final plus/minus
as-Wilt quantity adjustments to the OJnt.ract based on field measurements.
F\1n:1i.rv;J 5aJroes are 442-5178-536-61.47 R&R CBD Alleyways - Ph II for $-7,000.00;
and 442-5178-536-61.84 R&R Manhole Rehabilitation for $-67,990.74.
A request is also made for a¡:p:uval to make final payment to 01az in the anomt
of $65,142.70.
ORDINANCE¡'RE90I1JI'IŒ REQUIRED: YES1@œAFT ATI'AœED YESG;
RØCY'IIIIIIIØ.njation: staff a¡:p:uval of 01.anJe Order #5 and final payment to
01az Equipnent.
Department Head
Signature:
Determination of Consistency with Cœprehensive Plan:
City Attorney Review /RecaIIœ>mation (if applicable)
BOOget nirectar Review <E an aU items invo1vin:¡ expenditure of funJs):
F\1n:1i.rv;J available: ,/00 . . . .
F\1n:1i.rv;J~ 8-5411§5~~2:~~ U~2~;~0:fuRabb1t ~Wa&>'h~le)
Account No. & Descripti011442-5178-536-6 1.47 R&R Fd CBD Alleyways ,442-5178-536-6 I. 84 R&R Manhole Rehal:
Account Balance $5.242.94 $36,059.76
City Manager Review: /- . ,I /!
Awrowd for agerña: (!!p/OO t )v I
Hold Until:
Agerña Coordinator Review:
Received:
Placed on Agerña:
Action:
Awrowd/Disawroved
/agen9302.doc
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Dir of Construction D~~
Date: March 15, 1995
Re: Central Business District Alley Reconstruction - Ph II
Change Order #5 Final to Chaz Equipment Co., Inc. (93-02)
Attached is an agenda request for Commission approval of Change
Order #5, Final to Chaz Equipment Co. , Inc. on the above
referenced Project. Changes reflect miscellaneous plus/minus
as-built quantity adjustments based on field measurements. They
are itemized in Schedule "A" attached to Change Order #5. Change
Order #5 is for a net deduct amount of $74,660.74. Additionally,
we request authorization from commission to make final payment to
Chaz Equipment in the amount of $65,142.70.
Funding for Change Order #5 is from 442-5178-536-61.47 R&R CBD
Alleyways - Ph II for $-7,000.00; and 442-5178-536-61.8 R&R
Manhole Rehabilitation for $-67,990.74.
CC : Dick Hasko, P.E. , Deputy Director of Public utilities
C. Danvers Beatty, P. E. , City Engineer
William H. Greenwood, Director of Environmental Services
A:MEM09202.DOC
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CORTRAcr
ŒANGE NO. 5, Final PRaJær NO. 93-02 DATE:
PRaJær TInE: Central Business District Alley Reconstruction - Ph II
ro <XHmACIœ: C1az Equipnent Co., Inc.
YOU ARE HEREBY ~ ro MAKE THE FC:>IlœING æANGES m THE PlANS AND SPJ:!l,;,il"..LCATIONS FUR
'IBIS PROJÐ::l' AND ro PmFURM THE ~ AaDRDINGLY, SUBJEX::T ro AIL CXNIRACl' STIPUIATIONS AND
CDVENANl'S .
"
~l'J.l'·..LCATION:
Final plus/minus measured as-brllt quantity adjustments per attac:::hed Sd1edule "A"
stJoItfARY OF cx::NIRAcr AM:XJNI'
ORIGINAL cx::NIRACI' AHXINI' $709,235.75
CDST OF CXN~ON æANGES PREVIOUSLY ORDERED $ 48,777.35
AnJUSTED cx::NIRACI' AHXINI' PRIOR ro 'IBIS ŒANGE ORDER $758,013.10
CDST OF CXN~ON æANGES 'IBIS ORDER $-74,660.74
AOOUSl'ED a:NI'RACr AHXINI' INCUJDING '!HIS ŒANGE ORDER $683,352.36
PER CENl' DEX:::REASE '!HIS œANGE ORDER -10.7%
'rorAL PER CENl' D:EX:::REASE ro DATE -3.7 %
- -
l.J!Kl'J.l"J.ID STATEMENl': I hereby certify that the support:in; cost data in:luded is, in IrrI
considered opinion, accurate.
C1az Equipnent Co., Inc.
ro BE FILLED our BY DEPARIMENr INITIATING CHANGE ORDER - Environmental SVc Dept
442-5178-536-61.47 R&R C8D Alleyways - Ph II far $-7,000.00; 442-5178-536-61. 84 R&R
Manhole Rehabilitation far $-67,990. 74. ~roJ~ O¡301- ftbJtf C)3D~
DEæAY BEAŒ, FLORIDA by its city canmi ~sion
RED:HoŒND: By:
c. Danvers Beatty, P. E 'lhaDas E. Lyrrll, Mayor
City E'nJineer
A:l·l'.tSl':
.APPRJVID: By:
City Attorney City Clerk
1S-Har-9S
CENTRAL BUSINESS DISTRICT ALLEY RECONSTRUCTION PROJECT - PHASE II
Project No. 93-02
Schedule "A"
Original Contract thru C.O. fI4 As-built Totals
---------------.-----------.------------- -------------------------------------- --------------------------------------
Bid Totall Unit Total Totall Unit Total
Item Description Unit Units X Price = Units X Price .
-.-----------------------------------------.-----.-.-.----------------------------. --------------------------------------
1 Mobilization LS I 1 x $6,470.00 = $6,470.00 1 x $6,470.00 . $6,470.00
2 Clearing & Grubbing LS 1 x 129,160.00 · 129,160.00 1 x 129,160.00 . 129,160.00
3 Traffic Control LS 1 x $12,150.00 · $12,150.00 1 x $12,150.00 . $12,150.00
WATER
4 8· Class 52.DIP LF 1500 x 121.70 · 132,550.00 11065 x 121.70 . 131,7'90.50
5 6- Class 52 DIP LF 10 x 126.40 · $264.00 10 x S26.40 . $264.00
6 8· ~te Valve EA 9 x SS08.00 . $4,572.00 8 x 1508.00 . $4,064.00
7 6" X 611 Tap. St...,e and Valve EA 2 x $1,368.00 . 12,736.00 2 x $1,368.00 . 12,736.00
a a" x 16" Tap. st...,. and Valve EA 1 x 13,066.00 . 13,066.00 1 x 13,066.00 . 13,066.00
9 1·1/2· P.E. Water Service EA 40x SS82.50 = 123,300.00 27 x SS82.50 . 115,727.50
10 Replace Wate,. Mete,. Box EA 20 x S81.00 . $1,620.00 o x S81.00 . SO.OO
11 Remove Exist 2· Main LS 2 x 12,160.00 · $4,320.00 1 x 12,160.00 . 12,160.00
SE\ÆR
12 8· PVC San. Sewe,. 0'-6' Deep LF 1110 x 124.00 · 126,640.00 790 x 124.00 · $18,960.00
13 8· DIP San. Sewe,. 0'·6' Deep LF 810 x 139.00 . 131,590.00 190 x 139.00 . $7,410.00
14 8· PVC San. Sewe,. 6'·8' Deep LF 400 x 126.20 = $10,480.00 1420 x S26.20 . 137,204.00
15 a" DIP San Sewe,. 6'-8' Deep LF 320 x $41.15· $13,168.00 o x $41.15 · SO.OO
16 8" PVC San. Sewe,. 8'-10' Deep LF 881 x $28.35 = 124,976.35 663 x 128.35 = $18,796.05
17 8· DIP San. Sewer 8'-10' Deep LF 125 x 143.30 = SS,412.50 a x S43.30 = SO.OO
18 8" DIP San Sewe,. 10'·12' Deep LF 150 x $46.55 . $6,982.50 o x $46.55 . SO.OO
19 4' Di... Manhole 0'-6' Deep EA 12 x 12,059.00 · 124,708.00 9 x 12,059.00 = $18,531.00
20 4' Di... Manhole 6'·8' Deep EA 3 x 12,443.00 = $7,329.00 4 x 12,443.00 . $9,m.aO
21 4' Di... Manhole 8' ·10' Deep EA 1 x 12,863.00 = 12,863.00 o x 12,863.00 = so.oo
22 4' Drop Manhole 6' -8' Deep EA 1 x 13,243.00 = 13,243.00 o x 13,243.00 = SO.OO
23 4' Drop Manhole 8'·10' Deep EA 1 x 13,622.00 = 13,622.00 o x 13,622.00 = SO.OO
24 4' Drop Manhole 10'·12' Deep EA 1 x $4,997.00 . $4,997.00 1 x $4,997.00 . $4,997.00
25 Replace Exist Cleenout Box EA 3 x 1392.00 . $1,176.00 o x 1392.00 . SO.OO
26 6· Lateral wi Cleanout EA 137 x $708.00 . 196,996.00 91 x 1708.00 . $64,428.00
27 Core Existing M.H. EA 1 x 12,160.00 = 12,160.00 6 x 12,160.00 ,. $12,960.00
DRAINAGE
28 15M Slotted Conerete Pipe LS 50 x 136.00 = $1,SOO.00 56 x 136.00 . 12,016.00
29 Exfiltration Trench LS 50 x 523.00 = $1,150.00 56 x 123.00 ,. $1,288.00
30 15M Reinf.Cone.Pipe & Appurt. LF 975 x 130.00 . 129,250.00 878 x 130.00 = 126,340.00
31 18· Reinf.Cone.Pipe & Appurt. LF 850 x 131. 75 = 126,987.50 827 x 131.75 = 126,257.25
32 24· Reinf.Cone.P;pe & Appurt. LF 20 x $42.00 = S840.00 o x $42.00 . SO.OO
33 Swale Grading SY 140 x $11.00 = $1,540.00 231 x $11.00 . 12,541.00
34 Type( Dr.Stru.W/USFM5130Inlet EA 5 x $1,598.00 . 57,990.00 4 x $1,598.00 . 56,392.00
35 Type( Dr.Stru.~/USFM5105Inlet EA 2 x 51,610.00 . 13,220.00 3 x $1,610.00 = $4,830.00
36 TypeC Dr.Stru.~/USFM5120Inlet EA 2 x $1,657.00 = 13,314.00 o x $1,657.00 . SO.OO
37 Type( Dr.Stru.~/USFt6212Inlet EA 4 x 51,553.00 = 56,212.00 3 x $1,553.00 = $4,659.00
38 Type£ Dr.Stru.~/USFM5106Inlet EA 2 x 51,862.00 . 13,724.00 4 x $1,862.00 . $7, 4.l.8. 00
39 Drainage Manhole & Appurt. EA 10 x $1,829.00 = $18,290.00 7 x $1,829.00 ,. $12,803.00
~o Conflict Manhole & Appurt. EA , x 13,488.00 . S3,488.00 o x 13,488.00 ,. SO.OO
~1 Insert MH inco Ex. Storm Drain EA 7 x $1,566.00 ,. $10,962.00 5 x $1,566.00 ,. 57,830.00
~2 Remove Ex. DP & Structures LS 1 x 12,700.00 = 12,700.00 1 x 12,700.00 ,. 12,700.00
~3 Conerete Inlet Apron EA 1 x 1243.00 . 1243.00 o x 1243.00 ,. SO.OO
44 Core Exist. M.H. (18·) EA 1 x 1972.00 ,. 5972.00 o x 5972.00 . SO.OO
PAVING
45 Pev..."t Construction 51 6300 x 518.40 . $115,920.00 6612 x 118.40 ,. 5121,66O.SO
106 Pav--.t Reconstruction SY 885 x 124.00 = 121,240.00 617 x 124.00 ,. $14,808.00
47 Parking Lot COnstruction LS 1 x $4,042.00 . $4,042.00 1 x $4,042.00 ,. $4,042.00
48 Pav.-ent Repair SY 900 x 123.30 . 120,970.00 1134 x 123.30 ,. 126,422.20
49 Mi..i CUrb & Appurtenances LF 3300 x $6.00 . 119,SOO.00 3945 x $6.00 . 123,670.00
50 Valley Gutte,. & Appurtenances LF 925 x $6.50 . 56,012.50 167 x 56.50 ,. 51,085.50
51 Paver Block Reconstruction SY 60x 582.00 ,. $4,920.00 60x S82.00 ,. $4,920.00
52 Cone rete Sidewalk Reconstr. SY 215 x 123.65 ,. 55,084.75 403 x 123.65 . $9,530.95
..
15-Mar-95
53 Sod SY I 1200 x $l.45 = $l,940.00 I 1570 x.. $2.45 · $3,846.50
-- Seed and Mulch LS o x $977.50 = SO.OO 1 x $977.50 · $977.50
ALLOWANCES
54 Testing Allowance LS 1 x $5,000.00 . $5,000.00 0.984 x $5,000.00 . $4,922.00
55 Video Allowance LS 1 x $l,500.00 = $2,500.00 1 x $l,500.00 · $l,500.00
56 Utility Allowance LS 1 x $16,500.00 = $16,500.00 0.75 x $16,500.00 = $12,296.61
57 IndennHf cati on LS 1 x $10.00 = $10.00 1 x $10.00 . $10.00
BID ALTERNATES
9A 8u PVC San. Sewer 8'-10· Deep LF I o x S817.00 = SO.oo I 20 x S817.00 = $16,~.00
u San Sewer Wye Repair wlo Confl ictEA o x $1,200.00 . SO.oo 2 x $1,200.00 · $l,400.00
u San Sewer Wye Repair wI Confl ict EA o x $l,OOO.OO = SO.OO 2 x $l,OOO.OO = $4,000.00
CHANGE ORDER ADDITIONS
-- Rabbit Hollow Drainage (C.O. ~) LS I 1 x SZ3,840.00 = SZ3,840.00 I 1 x SZ3,840.00 · SZ3, 840.00
T:2.=::t=.'~.._e2:'- .... ~~..".2W-------W..=.--~~._~-e -~=--------......~~~~---~==...-----===...~~~~~~~~
Totals $758,013.10 I $683,022.36
====......z===.... -===~=
CONTRACT SUl4ARY
__1iI-<I --
As-Built Quantities $683,022.36
Less Contract ttTru C.O. iIf4 ($758,013.10)
------------------
Change Order M5 ($74,990.74)
=====:::z--==-=_
"
~
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # c;.:C I - MEETING OF MARCH 21 , 1995
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION
DATE: MARCH 17, 1995
This is before the Commission to ratify the South Central Regional
Wastewater Treatment and Disposal Board's approval of a modified
Industrial Waste and Pretreatment Agreement. The SCRWTD Board took
this action on July 21, 1994, but it was never formally ratified by
the City Commission.
In order to comply with all applicable State and Federal laws, the
modified agreement between the SCRWTD Board and the cities of
Delray Beach and Boynton Beach sets forth the terms and conditions
under which the cities may discharge wastewater effluent to the
treatment facilities. The agreement also requires the cities to
adopt an industrial waste and pretreatment ordinance with
provisions no less stringent than the terms contained in the
agreement. Our code was amended in 1994 to implement this
agreement. The enacting ordinances were No. 22-94 adopted on May
3, 1994, and No. 84-94 adopted on October 18, 1994.
Recommend ratification of the Industrial Waste and Pretreatment
Agreement as approved by the SCRWTD Board on July 21, 1994.
ref:agmem020
50 ~125 P02
- -MÅR-17-'95 FRI 1~:14 Ip:DELRAY ENV. SERVICES TEL NO:407-243-70
MEMORANDUM
TO: David T. Harden, city Manager
FROM: Richard C. Hasko, Deputy Director, Public Utilitie~
SUBJECT: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL
~OARD INDUSTRIAL WASTEWATER PRETREATMENT AGREEMENT
DATE: March 17, 1995
The South Central Regional Wastewater Treatment and Disposal
Board, at their July 21, 1994 meeting, approved the above
agreement. Based upon that action, the city Code was amended to
comply with the provisions of that agreement (Ordinance 22-94
adopted May 3, 1994 and Ordinance No. 84-94 adopted October 18,
1994). Subsequently, it was discovered that this agreement was
never formally approved by the City Commission.
By this memorandum, I am requesting that this item be placed on
the March 21, 1995, City Commission agenda for actIon.
RCH:el
'.
'. '. .
RECEIVED
SOUTH CENTRAL REGIONAL WASTEW TER ..3/11/95
TREATMENT AND DISPOSAL BOAR CITY CLERK
1801 North Congress Avenue · Delray Beach, Florida 3
ROBERT J. HAGEL Telephone
272-7061 734-2577
E:œcutive Director Fax: (407) 265-2357
MEMORANDUM
TO: City Clerk. Delra, Beach ~f>
~ 1'\
FROM: Robert Hagel ~ ~
DATE: March 10, 1995
RE: RATIFICATION OF INDUSTRIAL WASTEWATER
AND PRETREATMENT AGREEMENT
Our modified Industrial Wastewater and Pretreatment Agreement which was approved
by the Board at the Quarterly Annual Meeting of July 21, 1994 was never ratified.
Would you please place this matter on your next City Commissioner Agenda. When
all signatures have been obtained, please call my office,. and we will pick the signed
Agreement up.
Thank you for your assistance.
. '
MEMO From
CITY MANAGER'S OFFICE
To: cc;, Date: .3/()!'3 5-
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DElRA Y BEACH
~~':f
mr
1993
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'M
SUBJECT: AGENDA ITEM # 8'.y. - MEETING OF MARCH 21, 1995
RESOLUTION NO. 25-95
DATE: MARCH 17, 1995
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
815-941 s.w. 20th Court. The resolution sets forth the actual
costs incurred and provides the mechanism to attach a lien on
this property in the event the assessment of $317.38 remains
unpaid.
Recommend approval of Resolution No. 25-95 assessing costs for
demolishing an unsafe building on property located at 815-941
S.W. 20th Court.
..
, ,
( )
"-
RESOLUTION NO. 25 - 95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRÂY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60 ) days and
all work must be completed wi thin such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30 ) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
, I
(~ . )
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the Ci ty of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s} .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s} of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s}
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 25-95
, I
( . )
-
Section 4. That this resolution shall become effective thirty
(30 ) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30 ) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that paYment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
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 certi-
fied 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 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1995.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 25-95
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NOTICE OF ASSESSMENT
Date
TO: Woodbrooke Condo Assn., Inc., Mr. Greg A. Varner rIa
ADDRESS: 929 SW 20th Court, Delray Beach, Fl 33445
PROPERTY: 815-941 SW 20th Court, Delray Beach, Fl 33445
LEGAL DESCRIPTION: Lot 9 less 816' of W45' & 814' of E71.54' Block 1, Golf
Park according to Plat Book 26, Page 141 of the official records of
Falm Beach CQ'IT'ty, Fl
You, as the record owner of, or holder of an interest in. the above-
described property are hereby advised that a cost of $317.38 by resolution
of the City Commission of the City of Delray Beach. 'Florida, dated
. 199~, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 2-9-95
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and. that the action
would be initiatp.d on an emergency basis by the City"
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed 'to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official. ..
'I
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 2-14-95
at a cost ~f $317.38 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
tbe above-described property.
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Copy of all notices referred to in this notice are available in the
office of the Build~ng Official.
BY ORDER OF TilE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # g"·K - MEETING OF MARCH 21, 1995
AWARD OF BIDS AND CONTRACTS
DATE: MARCH 17, 1995
This is before the Commission to approve the award of the follow-
ing bids and contracts:
1. Contract award - Colonna Asphalt Restoration, Inc. for Scrap
and Impound Lot ( including Spady bus access and N.W. 15th
Avenue extension) in the total amount of $77,842.45; with
funding in the amount of $35,428.47 from W&S - New Capi tal
Outlay (Account No. 441-5161-536-63.71) ; $35,144.46 from
Decade of Excellence II - Spady Elementary School (Account
No. 228-3162-541-61.74) ; and $7,269.52 from General
Construction (Account No. 334-3162-541-63.10) .
2. Bid award - via Florida State Contract, to Don Reed Ford,
for four 1/2 ton pick-up trucks with tow package and long
cab, in the amount of $73,796, with funding from the City
Garage (Account No. 501-3312-591-64.20) .
3. Bid award to Koenig Plumbing and Mechanical Corporation and
Myers Plumbing Company as back-up contractor for plumbing
service and repairs, at an estimated annual cost of
$11,400.80 with funding from various departmental operating
expense budgets.
4. Bid contract renewal - Jones Chemical Company for the
purchase of Liquid Chlorine, Calcium and Sodium Hypochlorite
via the co-op bid with the City of Boca Raton, in the esti-
mated annual amount of $117,834 with funding from Water
Treatment Plant - Chemicals (Account No. 441-5122-536-52.21)
and Lift Station - Chemicals (Account No. 441-5144-536-
52.21).
5 . Bid award - Off The Wall Concepts, Inc. for millwork for the
Delray Beach Golf Course Clubhouse, in the amount of $28,945
with funding from the Golf Course Clubhouse - Office
Furniture/Fixtures (Account No. 445-4763-572-64.10) .
6 . Bid award - to Regal Contractors, Inc. for landscaping and
irrigation related to Barwick Road Beautification, in the
amount of $38,260, with funding from the Decade of Excel-
lence Bond - Barwick Road Beautification (Account No.
228-4141-572-61.75)
Agenda Item No.: lil
AGENDA REOUEST
Date: March 2. 1995
Request to be placed on:
X Regular Agenda
Special Agenda
_____ Workshop Agenda When: March 21- 1995
Description of item (who, what, where, how much): Pro;ect No. 93-58. Scrap and
Impound Lot Cincludina Spadv Bus Access and N. W. 15th Avenue Extension)
consists of the followina:
· Scrap and Impound Lot - The construction of an approximately
11,304 square feet asphaltic concrete parking lot at the former
Davis property. This project will also include swale grading and
the construction of a small retention area.
· Spadv Bus Access - The construction of approximately 510 linear
feet of asphaltic concrete roadway, from Lake Ida Road to Spady
Elementary School
· N. W. 15th Avenue Extension - The construction of approximately
170 linear feet of asphaltic concrete roadway and approximately
550 squar~ feet of asphaltic concrete driveway. The project will
also include the grading, leveling and sodding of an
approximately 500 square yards area.
The lowest responsible bidder on this pro;ect is Colona Asphalt Restoration.
Inc. with a bid in the amount of S 77.842.45
Fundina Sources for this pro;ect are as follows:
Portion of Proiect funding Source Account Nurber Bid AlIIOU1t
Scrap and Impound lot Water/Sewer New Capi tal OUtlay 441-5161-536-63.71 $ 35.428.47
Spady Bus Access Decade of Excellence II 228-3162-541-61.74 S 35,144.46
NW 15th Ave. Extension General Construction 334-3162-541-63.10 S 7,269.52
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Reconunendation: Staff reconunends award of Pro;ect No. 93-58. Scrap and Impound
Lot Cincludina Spadv Bus Access and NW 15th Avenue Extension I to Collona Asphalt
Restoration. Inc. for their bid in the amount of S 77.842.45
Department Head Signature:
Determination of Consistency with comprehensive Plan:
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City Attorney Review/Recommendation (if applicable)
BUd9~ctor Review (require n all itema involving expeoditure of fundal'
Funding available: E VNO Scrap and Impound Lot
Funding 5161-536-63.71 $35,500.00 (if applicable)
Acco nt o. & Description 228-3162-541-61.74 Spady Bus Access & 334-3162-541-63.10 NW 15th Ave Ext.
Accou Balance $36,058.00 & $19.824.00
City Manager Review:
Approved for agenda: ~/NO t1v'l
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agendamr.kt
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: c. DANVERS BEA~
CITY ENGINEER I
DATE: March 15, 1995
SUBJECT: SCRAP AND IMPOUND LOT
(INCLUDING SPADY BUS ACCESS AND NW 15TH A VENUE EXTENSION)
PROJECf No. 93-58
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Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on March 21,
1995, requesting award of the construction contract for the referenced project to Collona Asphalt
Restoration Inc. They are the lowest responsible responsive bidder and the proposed contract amount is
$77,842.45.
This project generally consists of the following:
· Scrap and Impound Lot - The construction of an approximately 11,304 square feet asphaltic concrete
parking lot at the fonner Davis property. This project will also include swale grading and the
construction of a small retetion area.
· Spady Bus Access - The construction of approximately 510 linear feet of asphaltic concrete roadway,
fÌ'om Lake Ida Road to Spady Elementary School.
· NW 15th Avenue Extension - The construction of approximately 170 linear feet of asphaltic concrete
roadway and approximately 550 square feet of asphaltic concrete driveway. The project will aJso
include the grading, leveling and sodding of an approximately 500 square yards area.
The funding sources for this project are as follows:
Portion of Project Fundio2 Source Account Number Bid Amount
Scrap and Impound Lot Water/Sewer New Captal Outlay 441-5161-536-63.71 $35,428.47
Spady Bus Access Decade of Excellence II 228-3162-541-61. 74 $35,144.46
NW 15th Ave. Extension General Construction 334-3162-541-63.10 $7,269.52
Please execute the enclosed Notice ofTenative Award and return to this office for processing.
Enclosures
cc: Joseph Safford, Finance Director
Dick Hasko, Deputy Director Public Utilities
William Greenwood, Director ofEnvirorunental Services
File: Project Nos. 93-58 (A), 94-59 (A) and 94-81 (A)
c;.}{.¡'
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[IT' DF DELRA' IEA[H
DElRAY BEACH
f I 0 II I [) "
tdb:II 100 NoW, 1st AVENUE· DELRAY BEACH, FLORIDA 33444· 40ï/243-7000
All-America City
'IIII!TO MEMORANDUM
David T. Harden, City Manager
1993
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING 3/21/95
BID AWARD / TRUCKS
DATE: March 16, 1995
ACTION
City Commission is requested to approve a bid award via Florida State
Contract, to Don Reed Ford, for four 1/2 ton pick-up trucks with tow
package and long cab, in the amount of $73,796.00. Funding is
available in the City Garage Fund account #501-3312-591-64.20.
BACKGROUND
Funds were placed in the FY '94- '95 budget for vehicle replacement. The
vehicles proposed for purchase are available via State Contract.
RECOMMENDATION
Staff recommends bid award via State Contract as follows:
Vehic1e Dealer Quantity Total Cost
Ford F150 1/2 Ton Pick-up wi Don Reed Ford 4 $73,796
Tow Package and Long Cab
Proposed Vehic1e Replacement List
Pur. Repl. Est. Current Life to-date
Yd1Jt ~ Description ~ ~ ~ ~ Maint Cost
706 4131 Parks Maint. Ford 3/4 Ton Pick-up 1983 1993 10 yrs, 25,869 $11,107
707 4131 Parks Maint. Ford 3/4 Ton Pick-up 1983 1993 10 yrs. 59,412 $22,857
774 4131 Parks Maint. Dodge 3/4 Ton Pick-up 1984 1994 10 yrs. 38,170 $18,271
778 4131 Parks Maint. Dodge 3/4 Ton Pick-up 1985 1995 10 yrs. 59,005 $21,086
RAB:kwg
File:g:agenda
Doc.:VehRepl.P&R
@ Printed on Recycled Pape, THE EFFORT ALWAYS MATTERS ?J{.:¿
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[IT' DF DELRA' BEA[H
DElRAY BEACH
, lOR I () A
tdtd 100 N,W. 1 st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
All-America City
, , II t~ MEMORANDUM
David T. Harden, City Manager
1993 TO:
FROM: pRobert A. Barcinski, Assistant City Manager
SUBJECT: TRUCK PURCHASE APPROVAL I
PARKS AND RECREATION
DATE: March 15, 1995
I am seeking your approval to place on next week's agenda the purchase
of four 1/2 ton pick-up trucks (F-150's), with the towing package, for
Parks and Recreation.
These are the remaining vehicles for Parks and Recreation to be
purchased this year, which you put on hold to obtain additional
information on towing requirements. These vehicles will primarily be
used by Parks and Recreation to pull a trailer and lawn mower. The
combined weight for trailer and mower is 4300 lbs, I have also been
informed that they may occasionally tow the larger stage which is 12,000
lbs. I am recommending the 1/2 ton with tow package due to the
primary use which is towing needs. Mr. Sandell still thinks we should
get the 3/4 ton with tow package because of fuel economy and better
cooling , charging and suspension components. As I view this, I do not
see the need for the upsized vehicles. See attached additional
information.
If you approve, I will process for March 21, 1995 agenda.
RAB:kwg
cc: Joe Weldon L /,~
Richard Corwin t1V\
Attachment
File:g:memosfrab
Doc. : P&RTruck. Pur
* PrintfJd on Recycied Paper THE EFFORT ALWAYS MATTERS
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Agenda Item No.; ;·f·~·
AGENDA REQUEST
Date: March 13, 1995
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: March 21. 1995
Descript~on of agenda item (who, what, where, how much):
Bid Award - Bid #95-21 Plumbing Service and Repairs - Annual Contract
to Koenig Plumbing & Mechanical Corp. as primary Contractor and Mvers
~mbing Company as baC'knp contraC'tor at an estimated annnal cost of $11.400.80
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Koenig Plumbing & Mechanical Corp, as primary Contractor
andy Myers Plumbing Company as back-up contractor if for any reason primary
Contractor can not perform.
Fund in from the various de
Department Head Signature:
Determination of Consistency Plan:
City Attorney Review/ Recommendation (if applicable);
,
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: t~s)/ NO !J!{ 1
Hold Until:
Agenda Coordinator Review:
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Received:
Action: Approved/Disapproved
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M E M 0 RAN 0 U M
TO: David T. Harden, City Manager
THROUGH: Joseph Safford, Finance Director
FROM: Jacklyn Rooney, Senior Buyer t
DATE:
March 13, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 21, 1995 - BID AWARD - BID 95-21
PLUMBING SERVICES AND REPAIRS - ANNUAL CONTRACT
Item Before Commission:
The City Commission is requested to make awards to vendors for the annual
contract for plumbing service and repairs, at an estimated annual cost of
$11 , 400. 80 .
Backqround:
Bids were received on February 23, 1995, from three (3) contractors, all
in accordance with City purchasing procedures. (Bid #95-21.
Documentation on file in the Purchasing Office.) A tabulation of bids is
attached for your review.
The Director of Public Works and Building Maintenance Supervisor have
reviewed the the bids, and recommend award to low bidder, Koenig Plumbing
& Mechanical Corporation, as primary contractor and to Myers Plumbing,
Company (based on hourly rates), as backup contractor if for any reason
primary contractor can not perform per specifications.
Funding for this service is from the various departments operating expense
budgets.
Recommendation:
Staff recommends award to low bidder, Koenig Plumbing, as primary
contractor, and to Myers Plumbing, as backup contractor, at an estimated
annual cost of $11,400.80.
Attachments:
Tabulation Of Bids
Recommendation Memo
cc: Richard Corwin
Jim Schmitz
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M E M 0 RAN DUM
MEMO TO: Janice Slazyk, Buyer
FROM: Jim Schmitz, Building Mainte~e superViS~
THRU: Richard Corwin, Deputy Director of PUbli~ rks
DATE: March 7, 1995
SUBJECT: PLUMBING SERVICES (BID 1195-21)
I contacted Koenig Plumbing & Mechanical Corporation's references
and they appear to be very satisfied with the services provided
by Koenig.
I recommend that the City award the annual plumbing services
contract to them (Koenig) and that we utilize Myer's Plumbing
Company as backup.
Please contact me at Ext. 7338 if you have any other questions or
comments.
JS/RC/sdl
Attachment
REF: JS30795A.MEM
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Agenda Item No.: ¡.{~
AGENDA REQUEST
Date: March 14, 1995
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: March 21, 1995
Description of agenda item (who, what, where, how much):
Bid Contract renewal with Jones Chemical Company at an estimated annual
cost of $117,834.00 for the purchase of Liquid Chlorine, Calcium and
Sodium Hypochlorite via the Co-op Bid - City of Boca Raton #94-039
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award one year renewal with Jones Chemical Company at an
estimated annual cost of $117.834.00 from accounts:
444-~122-536-52'~~fWTP)
441-5144-536-52.21 Maint.)
pepartment Head Signature:
Deteraination of Consistency
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~/ NO
Funding alternative~' J~l ap.~able)
Account No. & Del."4iPtiOn: =~~ Sz,.-:z-, Y'lTP-<:! II'..M$.
Account Balanceq' ?J,nD J~
. '- -~.ç'2:'2-1 UfT~íA.-ð#EMICJttv
C~ ty Manager Review: tf. l?:2-l)'17. .
Approved for agenda: IÝÊ~/ NO V!~J1
Hold Until: ~ &/- r
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
DATE: March 14, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 21, 1995 - BID AWARD - CO-OP BID #94-039
LIQUID CHLORINE, CALCIUM & SODIUM HYPOCHLORITE
Item Before Commission:
The City Commission lS requested to award the one year renewal of the
annual contract for the purchase of Liquid Chlorine, Calcium and Sodium
Hypochlorite, to Jones Chemical Company, at an estimated annual cost of
$117,834.00.
Background:
The City of Boca Raton is the lead entity for this Co-op Bid. Bids were
received on March 11, 1994, from five (5) vendors.
The City of Delray Beach City Commission approved this contract on April
14, 1994. Per paragraph No. 19, page 7, of the General Conditions of this
Co-op Contract, there is an option to renew existing contract for another
one year period if it is mutually agreeable to all parties.
Per attached memo dated 02/17/95 to Jones Chemical from the City of Boca
Raton, the vendor has agreed to the one year extension.
Per attached agenda, the City of Boca Raton renewed the contract at their
council meeting of March 07, 1995.
Recommendation:
Staff recommends the one year renewal with Jones Chemicals Company, at an
estimated annual cost of $117,834. Funding from the departments operating
expense budget.
Attachments:
Renewal Letter to Vendor Dated February 17, 1995
City of De1ray Beach Requirements for 1995 - 1996
City of Delray Beach Commission Memo Dated March 30, 1994
cc: Dick Hasko
Don Haley
Milton Willingham
f·l(f
..
..
.
City of Delray Beach Requirements
Description: Est. Qty. *Unit Price Total Price
Chlorine - 1 ton cylinders
Water Treatment Plant 225 each x 399.00 ea. = $ 89, 77 5.00
Chlorine - 150# cylinders
Water Treatment Plant 12 cyl. x 47.00 ea. = 564.00
Calcium Hypochlorite p/lb.
Water Treatment Plant 5000 lbs. x .90 lh. = 4,500.00
Utility Maintenance 3600 lbs. x .90 lb. = 3,240.00
Sodium Hypochlorite p/gal.
Water Treatment Plant 35,000 gal. x .45 gal. = 15,750.00
Utility Maintenance 8,900 gal. x .45 gal. = 4,005.00
TOTAL: $117,834.00
* Jones Chemical Prices
Per Bid
. . 141373937983 P.131
82-22-1995 139: 12AM FROM JONfiS FTLAUD TO
.' ~~/ o/f!ÃOUù~
',' .
:4
--
, CITY HALL. 201 WEST PALMETTO PARK ROAD. BOCA RATON. FI..ORIOA 3:5432·3795 . "HO~I!:: <407' 303.7700
i 8UNCOM: C..o7) ~~a.7700
.,
Pebruary 17. 199$ (
\
:
10nes Chemical. Company
600 Corporate Drive
Suite 460
Port Lauderdale, Fl. 33334
Subject: Bid No. 94-039
...... Co-op Liquid Chlorine. Calcium &. Sodium Hypochlorite
Dear Ms. Lauterbach:
1anet, our bid referenced above expires March 31, 1995. As specified in Paragraph No 19, Extension
(pq. 7 of the bid document), we havCl an option to renew c~jsting contract for another on~ year period
if it Is mutually agreeable to all pattIes.
Please advise by sJ¡oature below, If a one year extension of our current contract at prices quoted in your þo
... original bi4 4ated 3(10194 would be acceptable.
Please complete and rerom this form. to the Purchum¡ Division. Your response may b. faxed using City
Pax DUmber 407-393-7983.
S;;~/'
Hu¡h ffi¡¡ins
Swot Buyer
-2< I hereby agree to a one year extension of the subject bid.
I am unable to extend the bid prices for an additional one year period.
6: G~/N ~
Slparore Date
.£. ~. J.I ~t;,l!' A..
Name (Print)
- AN f:QUAL O~JOO"TUN'TY EMPLOYER _
TOTAL P.131 -
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~
. Agenda Item No.: r¡ .I{5
AGENDA REQUEST
Date: March 16, 1995
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: March 21, 1995
Description of agenda item (who. what. where, how much):
Bid Award - Bid #94-29 - Millwork For The Delray Beach Golf Course Clubhouse -
Award to low responsive bidder - Off The Wall Concepts, Inc., at a total cost
-º.Lt28. 945.00
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Off The Wall Concepts, Inc. at a cost of $28,945.00
Funding from Account #445-4763-572-64.10
./
Department Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if applicable):
,
Budget Director Review ( required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding al ternati ves : {i8 apPlC0a~ /ir.tl:£.
Account No. & DesfttžW1i044S-4-7Ø3-£./?.~/O _OLF it GU¡}S .
Account Ba/lance:. o'FP{Œ FI.Æ/2t.JjAXTUEr;£.
City Manager Rêview:
Approved for agenda: &/ NO [/11
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 o¡<
DATE: March 16, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 21, 1995 - BID AWARD - BID #95-29
MILLWORK FOR THE DELRAY BEACH GOLF COURSE CLUBHOUSE
Item Before Commission:
The City Commission is requested to award to low respons1ve bidder, Off
The Wall Concepts, Inc. , for the millwork for the Delray Beach Golf Course
Pro Shop at a cost of $28,945.00.
Background:
Bids for this contract were received on March 09, 1995, from seven (7)
vendors all 1n accordance with City purchasing procedures. (Bid #95-29 on
file 1n the Purchasing Office. ) A tabulation of bids 1S attached for your
reV1ew.
Per attached memo dated March 15, 1995, Country Club Designs has reviewed
the bids and recommend award to Off The Wall Concepts Inc.
The bids have also been reviewed by the Architect, Digby Bridges, Marsh
and Associates, and Jose' Aguilla, Asst. Construction Manager for the
city. They concur with the recommendation from Country Club Designs.
Recommendation:
Staff recommends award to Off The Wall Concepts, at a total cost of
$28,945.
Attachments:
Tabulation Of Bids
Memo From Country Club Designs
cc: Jose' Aguilla
Digby Bridges, Marsh And Associates
Brahm Dubin
/./(.5
,.
..
TABULATION OF BIDS
BID #95-29
MILLWORK FOR THE DELRAY BEACH GOLF
COURSE CLUBHOUSE
Off The Wall Cabinet Depot Elegance-N-Wood P. J. Millwork ¡
Vendor: Concepts, Inc. Of Palm Beach Inc. Co. Inc.
Inc.
Total Lump
Sum Price $28,945.00 $30,175.00 $44,400.00 $51,979.00
Comments/ Acknowled~ed Acknowledged Submitted List Acknowledged
Exceptions Receipt of Receipt of Of Line Itemized Receipt of
Addendum If 1 Addendum 111 Prices Addendum 1f1
Submitted List Submitted list
Of Line Itemized Submitted List
Prices Of Line Itemized Of Line Itemized
Prices Prices
-~..
Custom Wall & United Millwork Architectural
Vendor: Bar Design, Inc. Inc. Craftsmen, Inc,
Total Lump $53,445.00 $53,806.50 * $57,638.75 !
Sum Price
t
I
Comments/ Acknowledged Acknowledged Acknowledged
Exceptions Receipt of Receipt of Receipt of
Addendum If 1 Addendum If 1 Addendum If 1
Submitted List *Price includes Submitted List
of Line Itemized installation as Of Line Itemized
Prices requested, Prices
factory finish,
! and site touch Note: if all
¡ ¡ up after install- millwork must be
ì
t ation constructed of
I Submitted List fire rated woods,
I Of Line Itemized we will have to
I Prices make our bid void
I because types of
wood used in this
¡ I millwork does not I
t come in fire
!
I rated material.
I
Also, all finish-
ings materials
i would have to be
fire rated also &
this chages price
, . .
COUNTRY CLUB DESIGNS
KNICKERS. INC.
14 South Swinton .A"xenu!"~. Oelray Beach. Florida 33444 407-243-\ 7 I 9 FAX 4,07·243-:n ::¡R
.
March 15. 1995
City of Delray Beach
434 South Swinton Avenue
Delray Beach, Florida 33444
Attn: Ms, Jackie Rooney
Re: Delray Beach Golf Clubhouse Golf Shop
Dear Jac,kie,
Country Club Designs, Knickers, Ine" reco01Olends Off the Wall Concepts to bt~ aWårded the job
for Delray Beach Golf Clubhouse Golf Shop for the following reasons:
II< The bid met the specifi'~ation of bid req1.ùrements as noted.
)(I They have excellent references.
* They have tbe experience with golf shop work to handle the job.
We hope this will assist you in your selection in awarding the job.
Sincerely,
JB\cp
cc: File (2)
.
Country Club Dt'signs, KnicKers.lnc.
" ,
.
. .
,
. Aqenda Item No. & !.I:C~
/
.
'AGENUA REOUES~
Date: 3/16/95
Request to be placed on;'
x
Regular ^genda Special Aqenda Workshop Agenda
When: 3/21/95
Uescription of agenda item (who, what, where, how much), 4
Recommendation for Bids Award for Barwick Road Beautification
to Regal Contractors
.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
.
.
&
- - -- ~ .~~--~------
Department Head Siqnature: :.:::--
Determination of Consistency Plana
.
.
City Attorney Reviewl Recommendation (if applicable): .
,
Budget Director Review (required on all ite.s involving expenditure
of funds): - ~
Funding available: ~ N '
Fundinq alternative (if ~plicable)
Account No. & Desc r Ipt ion: 228-4141-572-61. /5 Decade of xcellence
Account Balance: $46,699.00 .(Barwick Road Beautificat
City Hanaqer Review:
Approved for agenda: §;¡ NO IÞ')
Hold Until:
Agenda Coordinator Review:
Received: ,
Action: Approved/Disapproved
'"
'. .
M E M 0 RAN DUM
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: LOLA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~
FROM: NANCY DAVILA. HORTICULTURIST/SPECIAL PROJECTS COORDINATOR .~
RE: BARWICK ROAD BEAUTIFICATION - RECOMMENDATION FOR AWARD OF BID
BID II 95-24
DATE: MARCH 15. 1995
ITEM BEFORE THE COMMISSION
- -
The item before the Commission is the consideration of the award of bid for
Barwick Road Beautification to Regal Contractors. Inc. in the amount of
$38.260.00.
BACKGROUND
Plans for the landscaping and irrigation. prepared by Daniel Carter.
Landscape Architect were advertised for bid on February 19. 1995 and bids
were formally opened on March 14. 1995. Bids were received from six
contractors and ranged in price from $38.260.00 to $48,319.85.
The lowest responsive bidder was Regal Contractors. Inc. in the amount of
$38.260.00. An analysis of the bid finds the landscape materials to be very
close with the major difference in prices being attributed to the irrigation
system.
References supplied by Regal Contractors from the City of Boca Raton, the
City of West Palm Beach and the Town of Mangonia Park were all very
favorable.
RECOMMENDATION
Staff recommends that the City Commission award the bid for Barwick Road
Beautification, Bid II 95-24, to Regal Contractors, Inc., in the amount of
$38,260.00. Funding is available from the Decade of Excellence Bond Account
II 228-4141-572-61.75.
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, ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9JB - MEETING OF MARCH 21, 1995
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MARCH 17, 1994
Attached is the Report of Appealable Land Use Items for the
period March 6 through March 17, 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.
tfJ!£/UEd 0/-- f} / Ef) wd-f> 'ÍhE- txL!EpoHon of:
5 P i2Aß ~TlO tî S R-E- :
(11') ßA-nOA-()f} CA bA11A-S ~ k J.fll{ /9ö
Sl'~ /
(f-j W t+ Ttê....VA<.{ fA6r plA1ì
'"
~. ~/
íÞfv1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR~
DEPARTMENT OF PLANNING AND ZONING
í4/~0 ~
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF MARCH 21, 1995
REPORT OF APPEALABLE LAND USE ITEMS
MARCH 6, 1995 THRU MARCH 17, 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 March 6, 1995, through March
17, 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 March 21, 1995
Page 2
PLANNING AND ZONING BOARD
No Regular Meeting of the Planning and Zoning Board was held
during this period.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MARCH 15, 1995
A. Approved (6 to 0), with conditions, the architectural
elevation plan for for a cabana storage shed Bandana
Cabanas, located south of Atlantic Avenue and east of
A-I-A.
B, Tabled (6 to 0) , a change to the architectural
elevation plan associated with the addition of a new
canopy over the pumping islands at Sherwood Park
Mobil, located at the southeast corner of Congress
Avenue and S. w. 10th Street. The consensus of the
Board was that the new awning was incompatible with
the existing structure thus the applicant was given an
opportunity to reevaluate the proposal.
C. Approved (4 to 2), a modified landscape plan to allow
changes in the perimeter tree species at Delray
Racquet Club, on the east side of Lindell Boulevard
between Egret Circle and Dottrel Road.
D. Approved (6 to 0) , a request for a color change for
Suarez Delray Mobi I, located at the southeast corner
of Military Trail and Atlantic Avenue.
E. Approved (5 to 0), with conditions, a major site plan
modification and architectural elevation plan for
Waterway East Restaurant a 6,980 sq. ft. restaurant
building addition at an existing shopping center known
as Waterway East, located at the southwest corner of
Atlantic Avenue and Venetian Drive. The landscape plan
was tabled in order to give the applicant an
opportunity to address increased buffering along the
south side of the property.
F. Approved (6 to 0), with conditions, a minor site plan
modification, architectural elevation plan and
landscape plan associated with the conversion of an
existing warehouse/industrial building to a stone
cutting facility for Casale Marble Imports, located at
the southwest corner of S.W. 17th Avenue and S.W. 7th
Street. Concurrently, the Board granted waivers to the
sidewalk requirement and the 5' right-of-way
dedication requirement.
",
City Commission Documentation
Appealable Items Meeting of March 21, 1995
Page 3
G. Approved (6 to 0) , with conditions, a major site plan
modification, architectural elevation plan and
landscape plan (5 to 1) for Shell Oil Company,
located at the southeast corner of Atlantic Avenue and
Congress Avenue. The proposal involves the demolition
of the existing gasoline facility and construction of
a new facility with convenience store and automatic
car wash. concurrently, the Board recommended that the
City Commission grant a reduction in the required
number of interior trees from 38 to 31.
H. Granted (6 to 0) , an 18 month extension for Club
Delray, a proposed 140 unit condominium development
located on the west side of Congress Avenue, west and
south of the Lake Ida Shopping Center.
Other Non-Appealable Items which were considered by the Board.
* Approved (6 to 0), two flat wall business signs for Bono's
Bar-B-Que Pit Restaurant located at 1588 South Congress
Avenue within the Linton Square Shopping Center.
* Approved (5 to 0), one flat wall business sign for Florida
Sheriff's Youth Ranches, Inc. located at 1350 North Federal
Highway.
HISTORIC PRESERVATION BOARD MEETING OF MARCH 15, 1995
1. Approved (7 to 0) , a Certificate of Appropriateness
associated with the demolition of a single family
residence and attendant garage at 15 N.W. 1st Street.
The demolition request is in conjunction with a
proposed medical office development.
2. Approved (7 to 0) , a Certificate of Appropriateness
associated with the construction of a storeroom
addition to the west of the existing structure for
Panache Christmas Shoppe, located at the southwest
corner of NE 1st Avenue and N.E. 4th Street.
3. Approved (6 to 0) , with conditions, a Certificate of
Appropriateness, site plan, architectural elevation
plan and landscape plan (4 to 2) associated with the
construction of a 10,791 square foot structure, which
will house the Northern Trust Bank on the first floor
and associated tenant office space on the second. The
subject site is located at the southwest corner of
Atlantic Avenue and Palm Square. Concurrently, the
Board granted a waiver to the 10' right-of-way
dedication requirement for Palm Square.
'"
City Commission Documentation
Appealable Items Meeting of March 21, 1995
Page 4
The Board also recommended to the City Commission:
- a waiver of the requirement to provide trees every
30' within the perimeter landscape buffer adjacent
to Palm Square, and
- the acceptance of $18,000.00 in lieu fee in placed
of three ( 3) required parking spaces.
Other non-appealable items considered by the Board:
* Approved (7 to 0) , Variance 88-36 reducing the front
setback from 25 feet to 15 feet associated with a proposed
medical office development at 15 N.W. 1st Street.
* Recommended (7 to 0), to the City Commission that a waiver
be granted from Section 4. 1. 4 (C) Use of Lots of Record to
allow the construction of a single family structure on a
vacant lot at 160 Marine Way.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
LOCATION ttAAP FOR
CrN COMMISSION MEETING
OF MARCH 21, 1995
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L-38 CANAL
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A. - iMNDJIIN,t, CAUHAS I I. - 15 N... I ß1 smar
B. - SHERWOOD PARK lEXACO 2. - PANACIt£ CHRISTMAS SHOPf'f
I IAILE I C. - DELRAY RAQUET CLUB 3. - NDRTH£RN 1RUST BANK
I D. - SAlJREZ DÐ.RAY MOBIL !
SCA1.£ E, - WATtRWAy EAST CONDO
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-
CITY OF OELRAY BEACH, FL
PLA/(NING DEPARTUEN1
- øørAL fMSE' 11M' S\'S'7IW -
BEACH PROPERTY OWNERS'
- ASSOCIATION, INC. ....;O¡¡'>r~~
P.O. BOX 375
DELRAY BEACH, FLORIDA 33444
March 21, 1995 RECEIVED ~
\3/QI/q5
CITY CLERK
To: Ms Alison MacGregor Harty, City Clerk
Mr. David Harden, City Manager
Mayor Tom Lynch
Commissioners Alperin, Ellingsworth, Randolph, and Smith
RE: APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION
OF MARCH 15, 1995, APPROVING (SUBJECT TO LEGAL OPINION) SITE PLAN
FOR BANDANA CABANA STORAGE STRUCTURE ON PUBLIC BEACH.
Please be advised that the Beach Property Owner's
Association appeals the above stated decision on several grounds.
First, we believe that this proposal was inappropriately and
inaccurately represented to the Site Plan Review and Appearance
Board (SPRAB). On both the development application and the SPRAB
agenda the applicant is listed as the "City Parks and Recreation
Department", with the applicant's signature that of Joe Dragon,
Assistant Director of that department. This is misleading at
best.
The true applicant is "Bandana Cabana", a commercial company
with which the City has contracted to lease-for-profit cabanas on
the public beach. The sketchy backup material provided to SPRAB
by Parks and Rec refers to a "permanent structure", a 10' x 10'
building " . which they store equipment and keep
1.n can necessary
items to run the business". Obviously a business proposal by
their own admission. This is a commercial venture and request,
not a City request. It should have been presented by the
business as their own.
Secondly, we believe a proposal to erect a commercial
structure on the public beach is a policy issue, not a building
elevation issue. As such it should have come before the City
Commission rather than SPRAB.
Regardless of who (City or private) makes the request for a
commercial structure on the public beach, it should be denied.
Anv commercial structure on the beach is specifically prohibited
in both the Comprehensive Plan and the Land Development
Regulations in at least three separate ways:
'-;',. ~.. "\.- The Comprehensi ve Plan, in Pol i cy B-3. 3, states,
~·;:2:'&ii.~§ ~cY~provide concessions in the beach area shall be
~-"~~p-:õut~-ž and requests for such--::.:2.!l the beach shall be denied."
':::::?~':ø-~~ ~ ~ ~ --;<.
~""'-~~-.r.>:~-:.--.--:,:-- ~~",--2~~ ~.-_ A CORPORATION NOT FOR PROFIT
'"
.
Appeal Page - 2 3/21/95
2 . The beach is designated Open Space on the Future Land
Use Map and is zoned Open Space. The Land Development
Regulations in Section 4.4.22, list the municipal beach as a
principal use. Planning Department staff cite the fact that
under " . facilities" is listed. It is,
accessory uses ma1ntenance
but it was included specifically to allow for the City
maintenance/storage already present in Anchor Park, not a
commercial facility. There are no conditional uses in Open
Space. Clearly, the Open Space zoning designation prevents
commercial use. That is why it is separate from Open Space &
Recreation which does allow commercial use.
3. The cabana rentals are a grandfathered nonconforming use.
The LDR's in Section 1.3.1 on Nonconforming Uses, Lots, and
Structures, states in part B: "Nonconforming uses are declared
to be incompatible with uses allowed in the zoning districts
involved. A nonconforming use of a structure, land or structure
and land in combination, shall not be extended or enlarged,
either by erecting additional signs, adding additional square
footage to a structure, or adding other uses of a nature which
would be prohibited in the zoning district involved. " Further,
Section 1.3.3 (D) states, "No additional structures shall be
erected unless they conform to the requirements of the zoning
district in which the land is located. " Every single piece of
land zoned Open Space was done so with the intent of protecting
it from commercialization!
The bottom line is that the public beach must be protected
against commercialization. We cannot allow this one and only
commercial entity to expand because of the dangerous precedent it
would set for years to come. The beach is clearly protected by
the Comprehensive Plan and the LDRs. We believe the proposal to
put a commercial structure on the beach to be ill-advised and
poorly considered.
This City Commission has been diligent in its protection of
the beach and beach parks. We ask that you continue that
protection and deny this commercial structure.
Sincerely,
~~
Sandra Almy
Executive Director
Beach Property Owner's Association
· .
a :Bar 3£u60ur Gfparbnmb, !I",e.
A_III
86 MacFarlane Drive, Delray Beach, Florida 33483 RECEIVED
Telephone 278-5000 l3/ôHlqs
.5: 00 pm
CIlY CLERK
APPEAL TO THE CITY COMMISSION
CITY OF DELRA Y BEACH
MARCH 21. 1995
IDENTIACATION: Site p1an for proposed restaurant in parking area of
Waterway Easl Decision to approve the bui1ding p1an was made at the
meeting of the Site P1an Review and Appearance Board on March 15, 1995.
BASIS OF APPEAL: The design of the proposed restaurant is definite 1y
not in keeping with the concept of what De Jray Beach, as an upsca1e ALL
AMERICAN CITY, is an aboul The bui1ding of a restaurant, with its
attendant noise from service, trash and garbage pickup trucks, kitchen
and dumpster odors, noises from patrons and persons working in the
restaurant s 1amming doors and starting engines as they 1eave in the
ear1y hours of the morning, and traffic congestion, is not in keeping with
the current tranquiHty and quiet enjoyed by the 1arge number of persons
Hving in Bar Harbour Apartments, Miramar Garden Apartments, Barr
Terrace and adjacent dwe 111ngs in the immediate area, inc 1uding those
across the Intracoasta1 Waterway.
When we bought apartments in the area, we were wen aware of the
commercia1 area, Waterway Easl However, Waterway East is and has
been a good neighbor which ceases operations in the 1ate afternoon and
does not interfere with the evening hours. We expected this to continue
and not be changed by a busy restauranl .
WHAT WE WANT: We ask that approva1 of the site p1an be reversed and
bui1ding of the proposed restaurant be disa11owed. When we appeared at
the meeting on March 15, 1995, we were not a110wed to express our
comp 1ete Hst of objections.
·
a :Bar 3far60ur Gtparbnm6, d..e.
A_III
86 MacFarlane Drive, Delray Beach, Florida 33483
Telephone 278-5000
We feel that the proposed restaurant would become a Banana Boat type
restaurant with open ba1cony. music, dock and hours of closing about
1 :30 AM and employees leaving up to an hour or so later. This is contrary
to the quality of life we have always enjoyed in De I ray Beach. We.
therefore. vehemently oppose a restaurant in the parking area of
Waterway East. 900 East Atlantic Avenue. De I ray Beach
B V WHOM: The concerned owners of the Bar Harbour Apartments, Inc.,
86 MacFarlane Drive. De 1 ray Beach. FL 33483
Board of Directors. Bar Harbour Apartments. Inc.
Representing the owners of 85 apartments.
~áJm ~tt1~ -
Wi11iam C. Mu gett
President
CC: Mayor Thomas E. Lynch
Commissioner Jay Alperin
Commissioner Kenneth E11ingsworth
Commissioner David E. Randolph. Sr.
Commissioner Barbara D. Smith
Mr. David T. Harden. City Manager
Director Diane Dominguez
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # . /!; . - MEETING OF MARCH 21, 1995
ARCHITECTURAL ELEVATIONS/WATERWAY EAST RESTAURANT
DATE: MARCH 17, 1995
This is before the Commission to consider the architectural
elevations for the proposed Waterway East Restaurant. The
structure will be located primarily behind the existing Waterway
East Shopping Center at the southwest corner of East Atlantic
Avenue and Venetian Drive, adjacent to the Intracoastal Waterway.
The development proposal is to construct a 6,980 square foot
restaurant with an enclosable outdoor dining area on the west
side of the building facing the waterway, along with parking and
landscaping improvements.
On March 15, 1995, the Site Plan Review and Appearance Board
reviewed the building elevations in conjunction with the site
plan and voted 5 to 0 to recommend to the City Commission that
the elevations for Waterway East Restaurant be approved based on
positive findings with respect to LDR Section 4.6.18(B) (13) (b),
and subject to the condition that no less than 30 percent of the
window panels on the west side of the dining porch facing the
Intracoastal Waterway be in a fixed position.
Recommend approval of the architectural elevations for the
Waterway East Restaurant, based on positive findings and subject
to the condition recommended by the Site Plan Review and
Appearance Board.
(}omm/:5s/òIJ&:'- Sm/y!ì .s fEppé..el dow /)
~ Lj-ú
'"
-' /
, 1\
f ,/1/1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CITY MANAGER
I
THRU:
ZONING
FROM:
SUBJECT: MEETING OF MARCH 21, 1995
CONSIDERATION OF ARCHITECTURAL ELEVATIONS FOR
THE WATERWAY EAST RESTAURANT, TO BE LOCATED AT THE
SOUTHWEST CORNER OF EAST ATLANTIC AVENUE AND VENETIAN
DRIVE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of architectural elevations for the proposed
Waterway East Restaurant, pursuant to Section
4.6.18(B)(13).
The subject property is located at the southwest
corner of East Atlantic Avenue and Venetian Drive,
adjacent to the Intracoastal Waterway.
BACKGROUND:
The property contains a 31,207 square foot condominiumized
shopping center development known as Waterway East (900 East
Atlantic Avenue) . The development proposal is to construct a
6,980 sq. ft. restaurant (Waterway East Restaurant) with an
enclosable outdoor dining area (west side of the building,
facing the Intracoastal Waterway) along with parking and
landscaping improvements. The site plan for the restaurant was
approved by the Site Plan Review and Appearance Board (SPRAB) on
March 15, 1995.
Although the proposed structure will be located primarily behind
the existing shopping center, it is technically considered an
outbuilding and is therefore, subject to the provisions of
Section 4.6.18(B)(13) (Outbuildings and Shopping Centers).
Pursuant to this section, outbuildings within a shopping center
'"
City Commission Documentation
Meeting of March 21, 1995
Architectural Elevations for Waterway East Restaurant
Page 2
shall be compatible in terms of color, materials, and
architectural style. The Site Plan Review and Appearance Board
shall make a finding of such compatibility prior to approval of
outbuilding elevations. If the Board determines that there is
not compatibility with respect to any of the items, then it
shall deny the elevations. However, if the Board feels that
despite the incompatibility the elevations should be approved,
they shall forward the elevations to the City Commission with a
recommendation of approval, and the City Commission shall take
final action.
The proposed building will have a Florida Vernacular
architectural style, which differs from the architectural style
of the shopping center. The building will be constructed of
concrete block and have a centrally located cupola. The walls
and dormers will be stucco finished with lap siding to be
provided at the gable ends and the roof material will be
standing metal seamed. The cupola will be octagon-shaped with
skylights and Bahama style shutters on all sides. Decorative
railings will be installed adjacent to the porch areas on the
east and west sides of the building with operable shutters
provided for all windows. On the west side of the building
(facing the Intracoastal Waterway) , sliding glass doors along
with awnings are proposed around the dining area. The building
and cupola will be painted white with a beige base, while the
roof will be teal. The awnings, shutters and fascia will be
blue. This color scheme reflects that of the existing shopping
center.
The applicant has attempted to incorporate some of the elements
of the shopping center such as color and the combination of a
stucco finish and lap siding. As the proposed structure is
located to the rear of the shopping center and is somewhat
isolated, it will not detract from the center. The
architectural style is in keeping with that used in other
developments throughout the City i.e. Delray Beach Tennis Center
Clubhouse and Municipal Golf Course Clubhouse, and is superior
to the architectural style of the existing shopping center.
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
At its meeting of March 15, 1995, the Site Plan Review and
Appearance Board considered the proposed architectural
elevations in conjunction with the site plan for the Waterway
East Restaurant. The Board had no objections with the proposed
elevations and felt that the structure will be an enhancement to
the area. However, in order to reduce noise associated with the
enclosable outdoor dining area on the west side of the building,
the Board felt that a portion of the sliding glass panels should
be in a fixed position. The Board then voted 5-0 (Mr. Mouw
absent, Mr. Sheremeta stepped down) to recommend to the City
City Commission Documentation
Meeting of March 21, 1995
Architectural Elevations for Waterway East Restaurant
Page 3
Commission approval of the building elevations for the Waterway
East Restaurant based upon positive findings with respect to
Section 4.6.18(B)(13)(b), that although the proposed elevations
will be incompatible with the shopping center the restaurant
will be complimentary to the overall center with the following
condition:
* That on the west side of the dining porch (adjacent to
Intracoastal Waterway) , no less than 30% of the window
panels be in a fixed position.
RECOMMENDED ACTION:
By motion, approve the architectural elevations for Waterway
East Restaurant subject to the findings and conditions as
recommended by the Site Plan Review and Appearance Board.
Attachment:
* Proposed Elevations
'"
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3/21/95 c: City Clerk
I . ~ -£~ .' ., .: ._-, 'I - . _ - -- _ -- __ _ __
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GARDEN '. . '
APARTMENTS, INCORPORATED . VENETIAN DRIVE . DELRAY BEACH, FLORIDA . 276·6100
March 17, 1995
Mr Paul Slattery
Slattery & Root Inc.
1098 NW 2nd Avenue MAR 1 7 1995
Boca Raton, Fl. 33432
CITY COMMISSION
Dear Mr. Slattery;
The day after the Site Plan Review and Appearance Board meeting, to
consider the proposed restaurant at Waterway East, I phoned Jeff
Costello to ask whether it might still be possible to change the
location of the dumpster enclosure. He advised me to contact you to
see if something could be worked out.
As I explained at the meeting, this ~s one of our primary concerns. I
believe you mentioned in your wrap-up this location was chosen
because it is close to where the Shopping Center dumpste~ are
currently located. and the Miramar dumpster enclosure is also nearby,
on the other side of the property line. Therefore, the noise due to
trucks collecting the waste would be no worse than it now is.
. Our concern is not with collection noise, but the daily noise
associated with depositing bottles and cans, which, as you know, can
be considerable, from an active bar at a busy restaurant (we know,
because we can hear Erny's dumping theirs every day). Also, we are
concerned about possible odors and rodents due to food and food
preparation waste. The dumpsters now used by the Shopping Center are
primarily used for paper trash.
It IS true our dumpster ~s in about the same location as your
proposed dumpster enclosure but that is because we have no where else
to put it. Most of our residents have garbage disposals, so we do not
have an odor problem and our recyclables are deposited in portable
containers, a few at a time, so noise is not a problem.
We realizes your site plan has been approved, but it would be greatly
appreciated by the residents of Miramar if you would agree to move
the proposed dumpster enclosure further west. This would increase the
distance from our building, make it closer to the restaurant and more
convenient for them to deposit waste, and would still be convenient
for truck pick-up.
Attached is a copy of your site plan on which I have indicated a
suggested alternat(~ location for the dumpster enclosure.
Thank you for your consideration.
1'£
(/---- .~ ¿J. )-1 ./
'- J hn W. Hugh~
President
P.S. When Busch's restaurant was refurbished, their dumpster
enclosure was placed ln the center of the parking lot. rather than
against the South property line which borders on a residence.
CC -Jeff Costello
Ci ty Planning
-Thomas E. Lynch
Mayor
JWH/cd
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86 MacFarlane Drive, Delray Beach, Florida 33483 RECEIVED
Telephone 278-5000 I.3/ôlqQS
.5: 00 pm
CITY CLERK
APPEAL TO THE CITY COMMISSION
CITY OF DELRA Y BEACH
MARCH 21. 1995
IDENTIACATION: Site plan for proposed restaurant in parking area of
Waterway East Decision to approve the building plan UJas made at the
meeting of the Site Plan RevieUJ and Appearance Board on March 15, 1995.
BASIS OF APPEAL: The design of the proposed restaurant is definitely
not in keeping UJith the concept of UJhat De lray Beach. as an upscale ALL
AMERICAN CITY, is al1 about The building of a restaurant. UJith its
attendant noise from service, trash and garbage pickup trucks, kitchen
and dumpster odors. noises from patrons and persons UJorking in the
restaurant slamming doors and starting engines as they leave in the
early hours of the moming, and traffic congestion. is not in keeping UJith
the current tranquility and quiet enjoyed by the large number of persons
living in Bar Harbour Apartments. Miramar Garden Apartments. Barr
Terrace and adjacent dUJe 11ings in the immediate area. including those
across the Intracoastal Waterway.
When UJe bought apartments in the area. UJe UJere UJel1 o.UJare of the
commercial area. WaterUJay East HOUJever. Waterway East is and has
been a good neighbor UJhich ceases operations in the late aftemoon and
does not interfere UJith the evening hours. We expected this to continue
and not be changed by a busy restaurant '
WHAT WE WANT: We ask that approval of the site plan be reversed and
building of the proposed restaurant be disal1oUJed. When UJe appeared at
the meeting on March 15, 1995, UJe UJere not al10UJed to express our
complete list of objections.
. .
, 'C~ :Bar 3£u60ur Glparlmm6, O/l.e.
. A_1M
86 MacFarlane DrIve, Delray Beach, Florida 33483
Telephone 278-5000
We fee1 that the proposed restaurant wou1d become a Banana Boat type
restaurant with open ba1cony. music. dock and hours of c10sing about
1 :30 AM and emp 10yees 1eaving up to an hour or so 1 ate r. This is contrary
to the quaHty of Hfe we have a1ways enjoyed in De 1ray Beach. We,
therefore. vehemenUy oppose a restaurant in the parking area of
Waterway East. 900 East Atlantic Avenue. De 1 ray Beach
BY WHOM: The concerned owners of the Bar Harbour Apartments. Inc.,
86 MacFar1ane Drive, De1ray Beach. FL 33483
Board of Directors. Bar Harbour Apartments. Inc.
Representing the owners of 85 apartments,
~Mn f1¡1M~ -
WiHiam C. Mu gett
President
CC: Mayor Thomas E. Lynch
Commissioner Jay A1perin
Commissioner Kenneth EHingsworth
Commissioner David E. Rando 1ph. Sr.
Commissioner Barbara D. Smith
Mr. David T. Harden. City Manager
Director Diane Dominguez
. ---~_. -'.'-'~ -~
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJf1
SUBJECT: AGENDA ITEM i Lt·(2·- MEETING OF MARCH 21, 1995
LOCATION OF BEACH PATROL HEADOUARTERS
DATE: MARCH 17, 1995
This is before the Commission for direction concerning the
location of the Beach Patrol headquarters. For some time, we had
planned to site the facility at Sandoway Park. However, during
discussion at the March 14th workshop, staff was directed to look
into the possibility of locating it at Anchor Park.
Anchor Park is owned by the County and leased by the City. Under
the terms of the current lease, we could build the headquarters at
Anchor Park. However, Section 6 stipulates that at the
termination of the lease, all facilities and permanent structures
become the property of Palm Beach County. The current lease is
due to expire on July 31, 2008. As indicated in Mr. Weldon's
memorandum, the Director of Parks and Recreation for Palm Beach
County has said the lease could probably be revised for an
additional twelve years, but not beyond that date. The Sandoway
Park location poses no such problem since the property is owned by
the City.
At this point, direction is needed from the Commission on whether
to pursue an extension of the current lease for Anchor Park and
proceed with plans at that location, or to locate the headquarters
at Sandoway Park,
ref:agmem09
[/\
{'It i
[IT' DF DELHA' BEA[H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRA Y BEACH
f L 0 . IDA
b*d
AI~Arnerica City MEMORANDUM
" III!
DATE: March 15, 1995
1993 TO: Joseph Weldon, Director of Parks and Recreation
FROM: David N. To1ces, Assistant City Attorne~
SUBJECT: Beach Patrol Facility at Anchor Park
The City Commission addressed the possibility of placing the new beach patrol facility at
Anchor Park. As you know, Anchor Park is owned by the County and leased by the
City. The lease is due to expire July 31, 2008.
The lease agreement would allow the City to place a beach patrol facility at Anchor Park
without the County's consent. Paragraph 5 allows the City to make " capital
improvements" which are, in the City's opinion, necessary. The City will have to pay
all costs of construction.
As stated above, the current lease expires on July 31, 2008. At the termination of the
lease, Paragraph 6 provides that all permanent structures and facilities shall belong to
Palm Beach County. Therefore, unless the lease is extended, the County would get title
to the beach patrol facility on August 1, 2008.
If you have any further questions, please call.
DNT:smk
cc: Susan A. Ruby, City Attorney
David T. Harden, City Manager
anchor.dnt
® Printed on Recycled Paper
[IT' DF DELAA' BEA[H
DElRAY BEACH
f lOR I) A
tdb:II 100 NW, 1 sl AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
;riir
1993
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Anchor Park as a Possible Site for Beach Patrol Headquarters
DATE: March 16, 1995
Attached please find a lease agreement between Palm Beach County and
the City for Anchor Park. Section 5 of the agreement appears to allow
capital improvements to be made by the City at Anchor Park without the
review or permission of Palm Beach County. Both David Tolces and
Dennis Eshleman, Director of Parks and Recreation for Palm Beach
County, agree with that interpretation. Mr. Eshleman further states
that he would not be in opposition to the Beach Patrol headquarters
being built at Anchor Park and would support it. However, the
termination date for this agreement is the year 2008, and Mr. Eshleman
was in agreement that we could request the lease agreement to be
revised to an additional 12 years to give us a total of 25 years. When
questioned, Mr. Eshleman was not interested in extending the lease at
this time much beyond that date.
Keeping Section 5 in mind, it appears we could proceed with our current
planning and not lose any time in the construction of our lifeguard
headquarters while requesting Palm Beach County to amend and extend the
agreement, with approval likely forthcoming from the County. If we
want to be absolutely sure of the extension, however, we should wait
until the agreement is approved.
@ Printed on r1<"",,''C!f::f Paper THE EFFORT ALWAYS MATTERS
" ,
'"
-2-
Section 6 stipulates that at the termination of this lease, all
facilities and permanent structures on the property will belong to Palm
Beach County. I think it is important to keep in mind that we could be
building a facility in excess of $200,000 that we may not own at the
conclusion of this lease. Although that may not be very likely and, in
fact, the agreement may be extended well into future years, things do
change and it could become a reality. Sandoway Park poses no such
ownership problems as it is owned outright by the City.
W~
Parks and Recreation
Attachment
cc: David Tolces
Assistant City Attorney
JW:cp
Ref:anchrhed
. , ..
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~ ,
.. ,RESOLUTION NO. R-78-9I1l
.
i RESOLUTION AUTHORIZING EXECUTION OF LEASE RETI·ffiEN
DELRAY BEACH AND PAtH BEACI! COUNTY FOR GPYNN-KUCERA
PROPERTY, NOW KNOWN AS ANCHOR PARK, FOR USE AS REACH
FACILITY
WHEREAS, the City of Delray Beach and ~alm Beach County
have since 1973 been negotiating for the joint purchase and
operaticn of properties located in Delray Beach for use as a
beach facilities with parking, recreational areas and restroom
facilities, and
WHEP~AS, as a result of these negotiations, Palm Beach
County purchased the Gwynn-Kucera property in December, 1973,
with Delray Beach in 1974 paying half the cost, and
\~EREAS, by letter dated November 19, 1974, Delray Beach
., asked the county to lease this property to the city for the city
to operate the property, and
\~EREAS , in September, 1977 , the Parks and Recreation
Advisory Committee for the Board of County Commissioners approved
leasing the G~~n-Kucera property, now known as Anchor Park, to
the City of Delray Beach once the county had developed the pro-
I perty according to a county approved site plan, and
WHEREAS , the agreement leasing this property to the city
sti~t:e!¡ that non-residents would be treated the same as resident
of~.Jity, and
:- jr'i
\~EREAS, the lease is for 30 years at $5.00 a year and
would be in the public interest by providing a county-wide beach
facility to be run by the City of Delray Beach for the benefit
of all the residents of Palm Beach County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CO~ISSIONERS OF PAUi BEACH COUNTY, FLORIDA, that the Chairman of
the Board of County Commissioners is authorized to execute the
attached lease and that the Clerk of the Board of County Cúæmis-
sioners is authorized to deliver an executed copy of this le~se
to the City of Delray Beach. :
The foregoing resolution was dffered by Commissioner
¡·.cdlcn , who moved its adoption. The motion was seconded by
Commissioner Y..ochler , and upon being put to a vote, the vote
.. ,
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~ ..
. was as follows:
PEGGY EVATT Aye
BILL BAILEY Aye
LAKE LYTAL Abnent
DENNIS KOEHLER Aye
~HLLlAM 11EDLEN Aye
The Chairman thereupon declared the resolution duly I
passed and adopted this 1st day of ^U~U3t , 1978.
PALM BEACH COUNTY, FLORIDA. BY ITS
BOARD OF CO~rrY COMMISSIONERS
JOh~ Dunkle, Clerk \,
By &w:d ~&L._,,--,~
eputy Clerk
APPROVED AS TO FORH AND
LEGAL SUFFICIENCY
By \.-.... ::., .', :~~-,.( ..' i ::,~:)',,~... .
County Attorney
¡:J~ a:...... 8"/1/73" ¡:7~ ~ -:Q ~/.;J::'-/7'1
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"
LEA S E
.
THIS AGREEloIENT dated this 1st day of A11P.:U5t ,
1978, between PALM BEACH COUNTY, a political subdivision of the State
of Florida, and the CITY OF DELRAY BEACH, a municipality organized
under the laws of Florida¡
WITNESSETH:
In consideration of the benefits which will inure to both
P~~ BEACH COUNTY and DELRAY BEACH from the development and operation
of the Gwynn-Kucera property on AlA in Delray Beach for use as a beach
.
facility, with parking, recreational areas, and rest facilities, PALM
BEACH COUNTY and DELRAY BEACH agree as follows:
" 1. PALM BEACH COUNTY agrees to lease to DELRAY BEACH, and
DELRAY BEACH agrees to lease from PALM BEACH COUNTY that beach property,
hereinafter refer~ed to as the Gwynn-Kucera Property, and being further
described as follows:
(see exhibit "A")
2. The term of this lease shall be for Thirty (30) Ye:¡rs
beginning the 1st day of Aup;ust , 197L, and ending the 31st
day of _- . 2008 .
:,,~);:As conSide::tion for this lease DELRAY BEACH shall pay
to PALM BEACH COUNTY the sum of Five Dollars ($5.00) per year. By its
execution of this lease, PAu~ BEACH COUNTY hereby acknowledges receipt
for the thirty (30) year term hereof of the amount of $5.00 per year,
i.e., a total of $150.00.
_ 4. PALM BEACH COUNTY agrees by the effective date of this
lease to have developed the Gwynn-Kucera Property as a beach support
facility for the Delray Public Beach and shall include in its development
provisions for parking, rest room facilities, and recreational areas
per plan dated . September , 9,1977, attached as exhibit "B".
,
5. DELRAY BEACH agrees that any and all expenses of operating
and maintaining property shall be the expense of Delray Beach and not
P~~ BEACH COUNTY and that any further capital improvements which may
" , ..
"'
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in the opinion of DELRAY BEACH shall be constructed at
.
the expense of DELRAY BEACH.
6. At the termination of this lease, all facilities and
permanent structures on the property will belong to PA~I BEAQi COUNTY.
7. As further consideration for this lease, DELRAY DEACH
agrees to treat all the residents of PALM BEACH COUNTY equally and
in a non-åiscriminatory manner, and in particular, agrees that non-
residents of DELRAY BEACH who are residents of PALM BEACH COUNTY will
not be charged any admission or other fees higher than those fees which
may be charged to the residents of DELRAY BEACH.
8. As a condition of this lease, DELRAY BEACH agrees to
, keep this property for public use as a beach support facility, it being
the intention of PALM BEACH COUNTY and DELRAY BEACH to provide a re-
creational-type facility to enhance the use of the Delray Public Beach,
and DELRAY BEACH agrees that in the event DELRAY BEACH does not so use
this property during the terms of this lease, that the lease shall stand
abolished and all interests of DELRAY BEACH in the property will be
extinguished in favor of PALM BEACH COUNTY.
9..,-DELRAY BEACH agrees to hold PAL'1 BEACH COUNTY harmless
from any ~.··.·~.~i1.~1.·.; damages, suits, claims or other actions at law which
~:
may arise oät~'Gf the use of this property, since the officials of
DELRAY BEACH and not PALM BEACH COUNTY will have actual day-to-dùy
control over the property.
In witness whereof, the undersigned parties have hereunto set
t~1eir hands on the aforementioned date.
PALM BEACH COUNTY, FLORIDA, BY ITS
BOmr~COUNTY COMMISSI~,NERS
( ) / Co.-
~ ,/ ..... ,---'
\ ~.; . - ....-. -'
'-- 'By- _ --:', .. _ _ , 1"'- ) ( / ,,'" ",;T
ÁU6. t 1978 Chairman
I
ATTEST: DE: Y BEACH/J FLORIDA
. .,
~ . 4 ",. ../ I' _ ;'
By /:(u: ".':, /'L /(; ,·.~t<- ¿{,:!Í ,1/, J";J..Cc,,
,-:' . -City Clerk l, Mayor
APPROVED AS TO FORM A~ROVED AS TO FORM
AND LEGAL SUFFICIENCY / /: ~ r"" Ii /_ /'.. J ,
r- ( /(1. Y t .v. d<A.(/./'__~~_
.-,,",. -...., ~ '. ---.. .-'" " ~.. '.H"
- - - .~ -- . -. .~'_.'. ~'- -
.....-"----..: . .
I, ATTACiC1r:rIT A
"
p«rccl 1:
,
The f,outh Seventy-nine and four tenthr. feet (S 7<).4')
of "~:c.:tn nc,\ch Lot Thir ty-onc (31), fronting On Ocean
Dou1cvilrd, City of De1rùy Beach, Florid':l, lyi:1g an:!
being in the fraction«l F.afit onc-haIE.oE Section Hi,
To\m~hip 46 South, Range 43 Enst, accordinq to the
Plat thereof on file in the office of the Clcrr. of
the Circuit Court in and for Palm nc~ch County, Florida,
recorded in Plat Dook 1, page 25.
Parcel 2:
The North 80 feet of Beach Lot 31 and the South 1 foot
of Beach Lot 30, in the City of Delray Bèach (formerly
Linton), Florida, according to Plat thereof on file in
the office of the Clerk of the Circuit Court ~f Palm
Beach County, Florida, recorded in Plat Book 1, page 25.
Parcel 3:
The North 100 feet of Beach Lot,32, Plat of Fractional
East naIf of Section 16, TO\'mship .,6 South, Range 43
East, according to the plat theraof 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 25.
, .
"
.
.
,
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"
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" ,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 9· /). - MEETING OF MARCH 21. 1995
RESOLUTION NO. 11-95/ACOUISITION OF MONTEREY HOUSE
DATE: MARCH 17, 1995
The attached backup material is the same as that presented to the
Commission at your March 14 Special meeting. We hope to have revised
documents by Tuesday evening.
Resolution No. 11-95 authorizes the City to purchase from the
Community Redevelopment Agency the Monterey House property located
at 20 North Swinton Avenue. The purchase price is $260,000.00. As
discussed and approved in concept on February 7th, the purchase
price will be absorbed by giving a credit to the CRA against their
debt service on the tennis stadium.
The resolution also incorporates and accepts the Contract for Sale
and Purchase. Additional information concerning this contract is
provided in Chris Brown's letter dated March 9, 1995, attached.
It is anticipated that an agreement concerning the lease
arrangements with Historic Palm Beach County will be finalized by
Tuesday's meeting, as well as the details pertaining to the recent
State grant received by the CRA.
Recommend consideration of Resolution No. 11-95 if the documents
are all ready, including the lease to the Historic Preservation
Board.
&JMø f¡;~
ref:agmem03
'. "
.' ,
f~ Memo CITY OF DElRAY B~t3
TO: Dãvid -t.· Harden {, DATE: 03/21/95
l'
FROM: City Clerk's Office
SUBJ: AGENDA ITEM 9.E.» CLOSEOUT CHANGE ORDER NO. 10
AND FINAL PAYMENT/CHAZ EQUIPMENT COMPANY» INC.
Mr. Harden:
This is to inform you that our office received a call
from Dick Hasko» Deputy Director of Public Utilities»
and per his request, please note that Item 9.E;, of
the Regular Agenda» needs to be removed from the
agenda.
This item is: 9.E.» CLOSEOUT CHANGE ORDER NO. 10 AND
FINAL PAYMENT/CHAZ EQUIPMENT COMPANY»
INC.
Thank you.
/slm
-
..
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM 9·£· - MEETING OF 1995
CLOSEOUT CHANGE ORDER NO. PAYMENT CHAZ
EOUIPMENT COMPANY, INC.
DATE: MARCH 1 7 , 1995
This is before the Commissio to consider closeout Change Order
No. 10 in the amount of 9,832.93, and final paYment in the
amount of $118,655.35, to Chaz Equipment Company, Inc. for the
Roadway Reconstruction P n (east of the Intracoastal Waterway),
and S.E. 5th Street (pa ng and utility improvements) .
Changes reflect mi cellaneous plus/minus as-built quantity
adjustments based a field measurements. Funding in the amount
of $79,832.93 is a ailable from Renewal and Replacement - Manhole
Rehabilitation ( count No. 442-5178-536-61.84) . The balance of
the final paYm t will be funded as follows: $11,600.00 from
Stormwater Ût' ity - Pelican Lane (Account No. 448-5461-538-
62.20), and $27,222.42 from Stormwater Utility - Beach Road
Reconstruct 'on (Account No. 448-5461-538-62.22) .
Recommend approval of closeout Change Order No. 10 and final
paYment o Chaz Equipment Company, Inc.
µó-( COßG'øP þ~ ~
'" eJfIOùW
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # C¡. F. - MEETING OF MARCH 21, 1995
CONTRACT ADDITION (C.O. NO. 3)/HARDRIVES OF DELRAY,
INC.
DATE: MARCH 17, 1995
This is before the Commission to consider contract addition
(C.O. No. 3 ) to Hardrives of Delray, Inc. for s.w. lOth Street
and S.W. lOth Avenue - Phase II, providing for the installation
of additional storm drainage on S.W. 8th Avenue from S.W. lOth
Street to S.W. 9th Street.
Currently the stormwater runoff in this area goes into a ditch
across the cemetery expansion property. The contract addition
consists of constructing a 36" trunkline along the east side of
the cemetery property adjacent to s.w. 8th Avenue, and includes
sidewalk replacement and swale grading. This drainage will
connect to the trunkline on S.W. lOth Street. Drainage on S.W.
8th Avenue will be significantly improved, and we can fill in the
existing ditch. Funding in the amount of $87,271 is available
from Decade of Excellence Bond Phase II - Capital Outlay - S.W.
lOth Street (Account No. 228-3162-541-61.90) .
Recommend approval of Change Order No. 3 in the amount of $87,271
providing for the installation of additional storm drainage on
S.W. 8th Avenue from S.W. lOth Street to S.W. 9th Street.
~ 5-0
·
Agema Item No. : 9·F.
AGIR)A RI!DlÆSI'
Date: March 16, 1995
Request to be placed on:
--.JL Regular AgeOOa
Special AgeOOa
Workshcp Agema When: March 21, 1995
Description of item (We, what, where, heM nuch): staff requests City
Chnm;RI¡;ion to ëlJP:'OV8 a Contract Additon (C. O. #3) to Haràrives of Delray, In::.
for S.W. 10th street and S.W. 10th Ave, Fhase II (94-84). '!be scxp! of this
Contract Addition provides for the installation of additional storm drainage on
S.W. 8th Ave £ran S.W. 10th st to S.W. 9th st. O1rrently the st:arJ1'Mater runoff
in this area outfalls on the œme1:eI:y expansion px'q)erty . After the
installaticm of this drainaqe is oœpleted it will ciisd1arge into the I1e'W storm
drainage t::nmkline oanstructed with the original Contract. Annmt of the
Contract Additicm is $ 87,271.00. F'Ulxlirg Source shall be 228-3162-541-61. 90
Decade of Excellence.
ORDINANCE/RE90:wrICE ~: YES/OO æAFT ATl'AœED YES/W
Reccmnerñation: staff ~ms ~ of Contract Þ.dditicm (C. o. #3) to
Hardrives of Delray, In::.
~-¿a ¡;U) )!II
Signature: , v:
Determinaticm of Ca1sistency with a:uprehensive Plan:
City Attorney Review¡'Reoc:llmeniaticm (if awlicable)
all items involvin] experñiture of :fums):
City Manager Review: ~ !~1
Awroved for agerña: YFS/1Ð
Hold Until:
Agema Coordinator Review:
Received:
Placed on AgeOOa:
Action:
Awroved/D~
Agen081.doc
DEPARTIIEIIT OF ERVlROIlllEIITAL SERVICES
IIEIIORANDUII
TO: DAVID T. HARDEN
CITY MANAGER
FROM: HOWARD WIGHT ~
DEPUTY DIRECTOR - CONSTRUCTI ~'
DATE: March 16, 1995
SUBJECT: SW 10m STREET - PHASE n
Project No. 94-084
Attached is an Agenda Request for Contract Addition (C0#3) to Hardrives of Delray, Inc. in the amount
of $87,271.
This Contract Addition consists of constructing a 36" trunldine along the east side of the cemetary
property adjacent to SW 8th Avenue, and includes sidewalk replacement and swale grading. This
drainage will connect to the trunldine on SW 10th Street and is necessary in order to develop the cemetary
which requires filling in the existing drainage ditch.
The funding source for this work is from the Decade of Excellence account no. 228-3162-541-61.90 for
$87,271.00.
Please place this item on the agenda for commission approval.
Attachment
cc: Joseph Safford, Director of Finance
File: Project No. 94~84
AR-CA3.DOC
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CITY OP DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 3 PROJECT NO. 94-84 DATE:
PROJECT TITLE: S.W. 10th street - Phase II & S.W. 10th Avenue
TO CONTRACTOR: Hardrives of Delray. Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS
AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK
ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Construct additional storm drainage on S.W. 8th Avenue from S.W.
9th Street to S.W. 10th Street per plan sheet 8A dated February
1995.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,467,078.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 6,000.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,473,078.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 87,271. 00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,560,349.00
PER CENT INCREASE/DECREASE THIS CHANGE ORDER 6.0 !II
TOTAL PER CENT INCREASE/DECREASE TO DATE 6.4 !II
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.
HARDRIVES OF DELRAY, INC.
(seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
ENVIRONMENTAL SERVo 228-3162-541-61.90
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Manager
RECOMMEND: By:
William H. Greenwood, Director David T. Harden, City Manager
ATTEST:
APPROVED: By:
City Attorney City Clerk
'"
-
S.W. 10th Street and S.W. 10th Ave
Phase II
Project No. 94-84
Contact Addtion (C. o. 13)
Construct additional stonn drainage on S.W. 8th Ave from S.W. 9th St to
S.II. 10th St per plan sheet SA dated Feb 1995
Schedule "A"
Contract Item Description +/- C.o. Unit Total
Item No. 13 Qty Price
----------------------------------------------------------------------.---------------------
1 Maintenance of Traffic 1 ls 5700.00 5700.00
17 Swale Grading 1 ls 51,500.00 51,500.00
18 SocIdi ng 1500 sy 52.15 $3,225.00
10 Concrete Sidewalk 2770 sf 51.60 $4,432.00
20 Type 'c' Inlet (0-8) 3 ea 51,655.00 $4,965.00
21 Type 'C' Inlet (8-12) 2 ea 53,142.00 $6,284.00
23 Type 'E' Inlet 1 ea 55,000.00 55,000.00
24 5' Dia Manhole 2 ea 55,560.00 511,120.00
25 6' Dia Manhole 1 ea $6,380.00 $6,380.00
28 15" RCP (0-8 cut) 72 lf 534.00 52,448.00
30 18" RCP 76 lf $36.00 52,136.00
34 36" RCP 519 lf S64.00 533,216.00
38 Core Existing Drainage Structure 1 ea 52,140.00 52,140.00
41 Remove Existing Drainage Structure 1 ls 5500.00 5500.00
-- Asphalt Trench Repair 75 l f 535.00 52,625.00
---------------
Net add Contract Addition (C. o. , (C. o. 13) $87,271.00
Revised Contract Amount thru C.o. #12 51,473,078.00
---------------
Revised Contract thru Contract Addition (C. o. 13) 51,560,349.00
---------------
---------------
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,
J RECEIVED
[IT' DF DELHA' BEA[H MAR 1 4 1995
CITY Mt'~I· "'~"''''' m
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091
DELRAY BEACH
F lOR IDA
bed
AII·America City MEMORANDUM
" II J!
DATE: March 8, 1995
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ellison v. Hightower, et aI., Case No. CL 92-9787
Sendzimir v. Ellison, et aI., Case No. CL 92-12533-AD
In Re: Forfeiture of All Assets Belonging to Autosave, Inc. and Chris
Ellison, Case No. 92-264-CA-A02
,
A mediation was held on March 1, 1995 to attempt to resolve the three above-mentioned
lawsuits involving Autosave and J. Ray Ellison. Autosave had been operating a salvage
yard at 111 N. Congress A venue prior to its annexation into the City of Delray Beach
pursuant to the Enclave Act.
In July of 1992, the City of Delray Beach seized the real and personal property of
Autosave, Inc., and the leasehold interest in the real property held by J. Ray Ellison.
The seizure came about due to an investigation by the Delray Beach Police Department
into the activities of Autosave, Inc., a salvage yard located on the east side of Congress,
north of Atlantic Avenue.
Shortly after the seizure took place, a forfeiture action was commenced. Unfortunately,
the City proceeded under the notice requirements of the forfeiture laws as previously
existed prior to the 1992 amendments, which had come into effect on July 1, 1992. The
judge ruled that while there was probable cause to seize the personal property, the
seizure constituted a defacto seizure of real property in violation of law. Through the
course of discovery, no evidence or proof was elicited to suggest that J. Ray Ellison had
knowledge of the actual operations at the site. J. Ray Ellison did not have day to day
operational responsibilities for the business.
The Autosave lot on North Congress remained in the City's exclusive possession from
July 23, 1992 until October 1, 1992. The salvage business never resumed on that
location. The lease payments due pursuant to a lease between J.R. Ellison and the
® Printed on RecYCled Paper q·G·
-
City Commission
, March 8, 1995
Page 2
property owner were not paid and the landlord (Estate Of Thadeus Sendzimir) began
eviction proceedings and suit for breach of contract (seeking several hundred thousand
dollars as the lease was to run until 1996). The landlord's action against the tenant (Mr.
J. Ray Ellison) resulted in a settlement wherein Mr. Ellison was to pay the landlord
$100,000.00.
Autosave and J. Ray Ellison filed a §1983 action and included counts for conversion,
negligence and intentional interference with advantageous business relationship against
the City. A third party complaint had been filed against the City in a breach of contract
case over the lease of the property, alleging an abuse of process claim against the City.
The Plaintiffs were alleging that the City's actions caused them to close a multimillion
dollar business and incur $100,000.00 in direct damages as a result of a settlement in
their case with the landlord. In addition, they were seeking attorney's fees. At
mediation, a proposed settlement was reached which would result in the dismissal of all
3 lawsuits upon payment of $34,000.00 by the City to the Plaintiffs, and forfeiture to the
City of all property currently held by the City to the City's Police Department.
The City Attorney's Office recommends settlement of the aforementioned cases and any
and all claims which could be brought by Chris Ellison and Roy Badour as a result of the
seizures and arrest in exchange for a payment of $34,000.00, subject to receipt of
appropriate releases, with all parties to bear their own attorneys fees an costs. Lee
Graham, Risk Manager, concurs in this settlement.
By copy of this memorandum to David Harden, City Manager, our office requests that
this matter be placed on the March 21, 1995 City Commission agenda for approval.
Please call if you have any questions.
:ØJ
\. '
S :s
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Lee R. Graham, Risk Manager
Donna R. Woods, Claims Representative
Eric D. Hightower, Police Legal Advisor
ellison. sar
. ,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ1t1
SUBJECT: AGENDA ITEM # 9·AI· - MEETING OF MARCH 21, 1995
APPOINTMENT TO THE CIVIL SERVICE BOARD
DATE: MARCH 16, 1995
The term of Robert P. Ferrell, a regular member on the Civil
Service Board, will expire on April 1, 1995. Mr. Ferrell was
originally appointed as an alternate member in October, 1992, and
as a regular member on March 23, 1993. He is eligible and would
like to be considered for reappointment. The attendance record is
attached.
According to the Civil Service Act, there are to be five ( 5 )
regular members on the Civil Service Board. Three of them are to
be of different vocations or vocational backgrounds, not employed
by the City in any capacity, and appointed by the City Commission.
Two of the regular members are City employees elected by their
peers. An appointee need not be a resident, property owner or
business owner in the city.
The following have submitted applications for consideration:
Donald Allgrove
Sally Antonelli
David Cohen
Marta Dorfman
Robert P. Ferrell (incumbent)
Herbert Freese
Melvin Hirth
Murray Kalish
Leo Koppman
Milford Ross
Ben Stackhouse
Leonard Syrop
Donald Zimmerman
Per Commission direction, a check for code violations and municipal
liens was conducted. None were found.
Based on the rotation system, the appointment will be made by
Commissioner Smith (Seat #1).
Recommend appointment of a regular member to the Civil Service
Board for a two year term ending April 1, 1997.
ref:agmemo1
·
CIVIL SERVICE BOARD 1995
Jan Feb Mar Apr May June Jul Aug Sep Oet Nov Dee
J. Michael Pakradooni PIEx
Wilbur V. Chaney PIP
Robert P. Ferrell PIp
Jeff Vorpagel pIp
Paul Dorling PIP
Alternates
Harvey L. Brown, Jr. Ex/Ex
Amanda Allen Ex/Ex
. .
CIVIL SERVICE BOARD 1994
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Michael Pakradooni p p Ex P
P
Wilbur Chaney p p Ex Ex Ex
Robert P. Ferrell p p Ex Ex Ex
Jeff Vorpagel p p p p p
Paul Dorling p p p f p
Alternates
Harvey L. Brown, Jr p Ex P Ex Ex
Dode Woytovech ~ off 1 oard 5/94 p
Amanda Allen (E1ecte cl 4/< 4) P P P Ex
at ten. doc
" ,
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM tt C¡·I' - MEETING OF MARCH 21. 1995
APPOINTMENT OF MEMBERS TO THE AFFORDABLE HOUSING ADVISORY
COMMITTEE AND ADOPTION OF APPOINTING RESOLUTION NO. 26-95
DATE: MARCH 17, 1995
In March of 1993, the City Commission adopted Resolution Nos. 17-93
and 29-93 appointing nine members to the Affordable Housing
Advisory Committee. Five of the members were appointed to initial
terms of two years, beginning on April 1, 1993, and ending on March
31, 1995.
The five members are:
Tokunbo Abiose, appointed as a citizen who is actively
engaged in the residential building industry¡
Byron Smith, appointed as a citizen who is a
representative of those areas of labor engaged in home building¡
Samuel McGhee, appointed as a citizen who is an advocate
for low income persons;
Fred Griffin, appointed as a citizen who is a provider of
affordable housing; and
Elizabeth Debs, appointed as a citizen at large.
All are interested in continuing their service on the committee and
are eligible for reappointment to a second term. We have also
received applications from other individuals interested in
appointment. The applicants are set out by category on the next
page. The term is for two years, beginning April 1, 1995, and
ending on March 31, 1997. Attendance records are attached.
Pursuant to Commission direction, a check for code violations and
liens was conducted. Mr. Abiose has one outstanding lien (copy
attached to his application).
The appointments are formalized by resolution. Therefore, staff
recommends the appointment of five members to the Affordable
Housing Advisory Committee according to the rotation schedule.
Once the appointments are made, formal adoption of Resolution No.
26-95 is requested.
ref:agmemo17
'"
The appointments will be made as follows:
Commissioner Randol~h (Seat #4):
A citizen who is actively engaged in the residential building
industry
Tokunbo Abiose (incumbent)
Lawrence Janssen
Mayor Lynch (Seat #5):
A citizen who is a representative of those areas of labor
engaged in home building
Byron Smith (incumbent)
(No other applications received)
Commissioner Smith (Seat # 1 ) :
A citizen who is an advocate for low income persons
Samuel McGhee (incumbent)
George Fisher
Commissioner Aluerin (Seat #2):
A citizen who is a provider of affordable housing
Fred Griffin (incumbent)
(No other applications received)
Commissioner Ellingsworth (Seat #3):
A citizen appointed at large
Elizabeth Debs (incumbent)
Joseph Farkas
David I. Cohen
Sylvia Gilbert
Sherry Johnson
NOTE: The applications are arranged in alphabetical order and
combined with those for the Civil Service Board.
'. ,
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RESOLUTION NO. 26-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPOINTING MEMBERS TO THE
AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO
STATE LAW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, under specific authority
established by State Statute, has established the State Housing
Initiative Partnership (SHIP) Program, which requires the City to
establish an Affordable Housing Advisory Committee; and
WHEREAS, the Affordable Housing Advisory Committee was
established pursuant to Ordinance No. 2-93, passed and adopted on
second and final reading by the City Commission on February 23, 1993;
and
WHEREAS, the Affordable Housing Advisory Committee
membership was established by Resolution No. 17-93 and Resolution No.
29-93, passed and adopted by the City Commission on March 10, 1993 and
March 23, 1993, respectively; and
WHEREAS, five ( 5 ) of the nine members were appointed to
initial terms of two years, commencing on April 1, 1993, and ending on
March 3 1, 1995; and
WHEREAS, the City Commission desires to appoint five members
to the Affordable Housing Advisory Committee to fill the vacancies
created by the expiration of these terms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following members of the Affordable
Housing Advisory Committee are hereby appointed by the City Commission
to terms commencing on April 1, 1995, and ending on March 31, 1997:
A~pointment post~oned a citizen who is actively
see Res. #28-9) ,
engaged in the residential building industry;
Byron Smith , a citizen who is a
representative of those areas of labor engaged in
home building;
Samuel McGhee , a citizen who is an advocate
for low income persons;
" ' .'
",
(,
.;
Fred Griffin , a citizen who is a provider of
affordable housing; and
Elizabeth Debs , a citizen at large.
Section 2. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 21st day
of March, 1995.
~~
, M A y¿{l R
ATTEST:
(Jlt~~JiÆ1~ !!0--tJy
City CI k
- 2 - Res. No. 26-95
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER bìlj
SUBJECT: AGENDA ITEM # q.J. - MEETING OF MARCH 21, 1995
CROSSROADS PROPOSAL FOR ACOUISITION OF McGRAW BUILDING
DATE: MARCH 17, 1995
At the February 14th workshop, representatives for The Crossroads
Club appeared before the Commission to request that the City
acquire a piece of property for use by their organization on a
rent-free basis. The property is owned by Mr. Donald McGraw and is
located at 306 N.E. 2nd Street. Mr. McGraw has offered it for sale
at the the assessed value of $275,000.00. The proposal was to have
the City purchase the property from Mr. McGraw and then enter into
a long term lease with CRC Recovery Foundation, which in turn would
lease the property to Crossroads.
At the March 7th regular meeting, the proposed purchase of the
McGraw building was again discussed. Attached is a copy of my
memorandum to the Commission concerning this matter. Staff
recommended against an outright purchase by the City. After
discussion, it was the consensus of the Commission not to support
the request for the City to purchase the property for the reasons
outlined in the memorandum. However, the Commission indicated its
willingness to consider a more acceptable proposal.
The attached letter from CRC Recovery Foundation outlines an
alternative proposal whereby the City would contribute $56,000 per
year for two years to the Foundation. Then if Crossroads stopped
using the building at some time in the future, it would revert to
the City.
While I still have some concerns about the precedent we will be
setting, $56,000 annually for two years is manageable. From the
precedent standpoint, I think it is appropriate that the majority
of the acquisition and all the development costs will be raised
privately. Therefore, I could support approval of this request.
ref:agmemo
03/15/95 15:46 FAX 407 276 5244 PL~STRIDGE III 002
. .. ~
THE CRC RECOVERY FOUNDATION, INC.
241 N.E. 2nd Avenue · Pelray Beacb, Florida Sa444 . (407) 278-8004
O'FICellS ana PIIIICTOll3
The Honorable Thomas Lynch, Mayor
Mr, lawl'9r>ce C, Eaton The City of Del ray Beach
Pre/dent
Mr. Clark F, MacKenzie 100 N.'V. First Avenue
Vice "re¥idffnt Delray Beach, FL 33444
MI. Mi¡;h..~1 W, TIBmBn
Secretary
Mr. Sleph.." R, 5Iw"Mk Dear Tom.
Trcv~("r.r
M,·. T(lIIY Allcrlun In talking to you yesterday we understand you have an agreement with Don
Mr, g.ltld Armstrong
Mf$, Georøc T. Francis. Jr, McGraw to purchase his building at 306 East Second Street for $280,000 in 5
Mr. Horaee M. Huttmlll!. Jr. equal aMUal instalImerlts of $56,000 with no interest on the unpaid balances.
Mr>;, '-"b"n JilCk50n
Mr, Hearh Larry We would like to make a proposal to you which we believe will overcome some
Oorothy M, Tumer of the objections tha.t have been raised by members of your City Council,
SPONSORS ADVISDRY AOARD We propose that the city pay the first 2 annual installments @ $56,000 each fOf
Mrs, l...h..n .):¡¡c.keon a total of$112,000. During these same 2 years the CRC Recovery Foundation
Chelrmen will be raising the funds required to fix up the building for use as a meeting
Mr. & Mrs.. Quenti" AICI..¡¡ntJer place for recovering addicts, and installing a mandatory elevator. Cost
Mr. Don¡Ud "limo" estimates for these two projects total over $100,000.
Mr,6. Mrli, Chanes M, Beeghly
Mr. & Mrg, Wiliilln'l CgnneUy The third, fourth, and fifth annual payments of $56,000 to Mr. McGraw will be
Mr. & Mr~. Wniter Drl31dll paid by the city with an equal amount given to the city each year by CRC
Mr. 8. Mra, "'ete Dye Recovery Foundation from its annual fund raising efforts.
Mr. & Mrs, p, D. DYè
Mn¡, Jane Eberts In 1994 the CRC Recovery Foundation raised $118,000 and our goal fOf 1995
Mr. I. M($. Ray"'"nd F E~..n5
Mr, " MrII, Willi""" 1-1. :Yðn" is $120,000. However, ifwe secure occupancy of the building this summer we
Mr. & MI'II. William E, Fay are confident we will be able to raise considerably more than $120,000 yet this
Mr. & Mrs. w lI~m G, F.riSh III year in order to fix up the building to suit Crossroads Club's needs.
Mr. & Mrs, Albert A, Gs/'thwslte. Jr.
Mr. Hot"".! 1.4., ~..f m..n. Jr At the end of the 5th year. assuming all payments have been made. the City of
Mr. 5. Mr¡. John H. McConnel! Delray Beach will transfer title to the property to the CRC Recovery
Mt, ,. Mr!J OOMtd C. McGrew, Jt. Foundation.
Mr. &. Þ./tr&, william !!. M~nill
Mr. & MI'$, BèrMrd H. Riooe,r If . b 'ld' d b
Ch I FI at any tune the w mg can no Jonger be use as an alcohoJ and drug a use
:r. : :r¡. R ~ a:~h:r . p, p.onw~ recovery meeting place~ the CRC Recovery Foundation will give the building to
r, rN, 1;>... e um..nn
Mr. & M~. ""'u:rae Sykn the city for other uses.
Mr, & Mli. Hemry S, Tillylo'
Mrs. Gc( rg~ B, 1'umar
Mr. & MI'$, Wiliiö:un 1... WilllaclI
03/15/95 15:46 F~~ 407 276 5244 PLASTRIDGE ~OO3
.¡ J'
We hope the City Council can approve this proposal in the next week or so to
enable CRC to proceed \\lith its plans to get th~ bui1ding ready for occupancy by
Oct. 1. 1995.
Looking forward to hearil'\g trom you,
Sincerely,
~,
Lawre~ President
,
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£IT' DF DELRAY BER£H
DELRAY BEACH
f l 0 . IDA
bad 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444· 407/243-7000
me
MEMORANDUM
1993
TO: City Commission
FROM: David T. Harden, City Manager
SUBJECT: PROPOSED PURCHASE OF THE MCGRAW BUILDING FOR
THE CROSSROADS CLUB
DATE: March 7, 1995
The Crossroads Club has requested that the City purchase the McGraw Building and lease
it to the Crossroads Club for $1.00 per year. The proposed purchase price is $275,000.
The City Commission has indicated some interest in the possibility of doing this and asked
what source of funds might be used for this purpose.
The only source of ready funds which might be used for a purchase of this nature is the
City's undesignated fund balance. The City Commission has previously set a goal of
maintaining the undesignated fund balance between 7-10% of our annual operating
budget. Our annual budget for fiscal 1995 is $40,947,000. Seven percent of that would
be $2,866,000; ten percent is $4,095,000. Our present undesignated fund balance,
according to the recently completed audit, is $3,754,853.
The other option for funding a purchase of this nature is to borrow the money either
internally or externally and repay it in future years. My main concern with this approach is
that any expenditure spread over several years does affect our millage rate. In round
numbers, each $22,000 expenditure equates to 1/100 of a mill.
I am also concerned that we already have a number of outstanding commitments:
1. We are working with Palm Beach County and others to acquire the land across from
Atlantic High School for expansion of those facilities. Palm Beach County has already
committed $400,000 toward this project. The extent of the commitment which may be
necessary from the City in order to make this project a reality is unknown at this point, but
I anticipate it will be substantial.
* Printed an Recyc:led Peper THE EFFORT ALWAYS MATTERS
" , .
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City Commission
Re: Crossroads Club
March 7, 1995
2. The City is committed for development of playground facilities at Pine Grove School.
Again, the County has committed $40,000 toward this project. Preliminary costs for all
the facilities desired at this location is $263,000. A large portion of this could probably be
deferred but the City's contribution will be substantial.
3. We have included in the budget for this year a new life guards' headquarters. The old
headquarters is inadequate and in very poor condition. This item is budgeted for $225,000
fTom the Beach Restoration Fund. As this project. moves forward, I intend to recommend
funding this from the General Fund instead of the Beach Restoration Fund. I would
strongly urge that we maintain the Beach Restoration Fund to be used for maintenance of
the beach itself and not use it for construction of these facilities, as proposed.
4. The Commission has been informed about the existing shortfall in our insurance reserve
of $450,000. This shortfall needs to be made up within the next couple of years.
5. The Commission has discussed many times the need for additional recreation facilities
in the southwest part of the City. Some of this need may be satisfied by the Pine Grove
playground, but the vision has been to develop facilities at the Catherine Strong Center
and the Delray Full Service Center. Again, the extent to which the City will need to fund
development of these facilities is undetermined at this point.
6. We have several unpaved streets where the City has committed to pave them, such as
Southwest 6th Street and streets in the Silver Terrace area. I believe we need to meet
these commitments for basic services which are long standing before we take on entirely
new proposals.
For the reasons outlined above, I believe for us to fully fund the request from the
Crossroads Club would over extend our resources at this time. The City already provides
meeting facilities for several Twelve-Step groups in City buildings. I have reservations
about us buying a building solely for this purpose.
In addition to all the above, I am very concerned about the precedence we would be
setting to fully fund acquisition of this building. I am sure there are a number of other
non-profit, charitable organizations which have capital needs. I am certain if we fund this
we will be very shortly confTonted with other similar requests.
For all the reasons outlined above, I feel that I must recommend against the proposal
suggested by the Crossroads Club.
DTH/mld
-
03,1;;95 15:-113 FAX -ln7 278 52-1-1 PUSTRIDGE @002
- ß
THE CRC R,ECOVE,RY FOTJNDATION, I~C.
211 ~.r=. 2nd Avenue · Dell':";}' l~'i'¡¡\Çh. F]orida :'J;'¡,t44 . (,107) 278-8004.
OFt,:!!!:;"..) O!~~CTO~:S
- -- ---~-_.- - - _. - -- --- Tht: Hono:able Thomas L.'IKh, Mayor
,'/r La,\>",,:,-·-...-:; C ::~"ÜII Thl:: City of Del ray Beach
P'/:?!;¡I!JflDf
t.,.¡ ~'¡;.~~- F r-.1ã~¡"'·.1::f-¡:.~ 1 (1) !\; \V Flr<;t 1\ vt'oue
~'.(:¿ !Jr~;, (;~ -'r Oelruv BC<iGh, FL 33444
;1..1 í\l.r~I'...ILt \"'/ ;!er'--='"
.('1:".",,'5",
'.', ::;¡~~t'c - ;::¡ ~'^',:.., " Dt~ar Tom.
! , r' ~ " '; ,.....
r~~ " , 'I (l.W
",1_ ~",";1 /'"F¥:f'.~r,·"'] In talking to you yesterday we UI1derstand you have an agret'ment ,,\lith Don
'." r~ G ~..'.' ;r' ... ,:'r,;"r::',:, McGraw to purchase his building at 306 East Second Street for $280,000 in :'
r.Ar ""cr:¡.':e V ~L.·h~;.·, ..¡ t"quaJ annual insfaIlm~nts of $56,000 v.rith no inteTest on the unpaid balances
r," ~ -, r' 'j'~. I'
Mr rl~~f -} l.~1 ~ \\'e ,vc,uid like to make a pfl)posal to yùu whlch \lie believe wî1l overcome- c;ome
~!,:'rC·th fv1 it 0' e-~ ..if the obit>c·ic¡fiS thM ha\'E' b8dl ! 'jjs{.';J by mernben; of vour Cìty Council
'òPQNStJH~ ~I'v¡sn~y ,noM!, We propo:;e that the çit:y pay the fif~t 2 :1Tl1iu...d in..ta jments '.!i! $'56,000 each f0
- ._.___. __no ..__."--__ a total of$112,OUO. During the>';€' ~arrle:! years the CRC Recovery Founrla1Ï0t1
~ ~, , ";''' 4 s"
",.. wi!) be raIsing the fJnds reqmred to Íix up thE" bûi dmg for use as a meeting
~h.a¡'r:-ier·'
tVI~ ~ '.~~5.. Qu¡:o ¡r:M .:·',f':' place f..')f recovering addicts, 1nd installing a mandatory elevator, Cost
rv" L··~,r~~I_ ¡'II"'ur esnmat~" for thest': two projectS tota: ovel $ J 0(, r\(\o
\U,~'~'" ·?"d'<O;:".V .....I2.,-:,y~
Mr. 6, '..·r'.... lIJd ;i.'m -:'~lil'; (v The ¡f1nd, fQurth, and flfth a.nnual payrl1ents nf$5f.,lÌii(J to T\1r McGraw \.v:" ')e
M þ. ,\1'f /,,:,·'~r ~'IISI"I" paid by the city with an equal amount 8Îven to the ('it v eaçn year by CRC
Mr a. Mrs F"stf' rh'¿' Recovery Foundation from its annllaJ ftln\~ raisin£, ,.ftì.)ri~
,<" &. r./'r!'i ¡,.;. iJ C."it;
rArs Ja'l8 !:be'"!,'::
M:" Q¡ M':.. Rr''JP~nr. F ::':,:L In 1994 the CRC Recovery Foundation raí:;ed $11 ~,Oí)O and OUf goal for 1995
\llr ~ Mre ,,/.¡i1r:,1.":"'o \....I c.y~,.... ~ is SI20,OOO However. ífwe secure OI..~c\lpar.cy ofthe building this ~umrner we
~·.1:' &. ~"r~, v,:{ lam E. Fa:, are conìídent we will be able to raise considerablv müre than $ J 20 000 vet this
... ,I ...
M", &. Mr~_ \."'.Ji!Ii~"" $, ¡:;~,r'-~i"' IIi year Ìn order to fix up the building to suit Crossroads Club':; needs
\:,,~, Ivlr.:. ,;îbA'-. A 35.--.h:¡,'3.!'f .J'
fv~L r"úr~u~ tv1 ."'1!Jf~rll':;'ll,.)'- At the t;nd of the 5th year> assuming all payments hav{;: been made, the Cíty of
lA', &- '\¡\'\;, Jotlr, H. '¡\~CQr"'í!1 Delray Reach wm tran:-1feI' litIe to the property to th~ CRC Recovery
'..~r ~. Mr,r, 1)'J;'d1d (; ~t,~C ~-6\r·. Jr Foundation
Vr, &. v,rs If/ill!d'11 E. 1V1¡.::-rl;l!
f\,1" .". ;\)]r'~ 8~rn~:11 t'~ 81(L~t:-r If at any time the building can no longer be used as an alcohol and drug abuse
M-, f~ '\'~r~. '::r,d~1":';,j1~.' ?:, p :-~( (ft:.;-:-~~:
\1,', &. Mr.-.: RQ0Þ?r~ S~hljm?,rd"" recovery meetìng place, the CRC Recovery F oundatíon will give the building to
V:f'. &. V(~. M(,IcraE: Sy~r,8-;:, the city for other llses,
M' ¿, M:·~. rit'r:-y S. Têtyl.ar
'.'1¡~, (;,-!crg<:, ~,. "; ;.¡rrla"
,Yr. t;'¡ ·\h~ \h'¡f'I;jlfl (.. v\.~1 à:6'
I):} '15'95 15: 413 FAX 407 276 5244 PLA,STRIDGE [J]OO3
, . - .
We hope the City Council can approve this proposal in the nex't week or so to
enable CRC to proceed WiTh irs plans ftj g~t the building ready for occupancy by
Oct 1, 1995,
Lvoking forward to hea.ting from you
Sincerely,
~c
(" _./
'--. -
~- U4,'.....J//
Li\~TenCe C ton, PresIdent
.
~ ",
A
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 21. 1995 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
(K) BID AWARD/PROFESSIONAL SOUND SERVICES. INC. : Consider a bid
award in the amount of $10,300.00 to Professional Sound
Services, Inc. as· the lowest responsive bidder (second low
bidder) for the background music and paging system at the Golf
Course Clubhouse; with funding from Golf Course Clubhouse -
Other Equipment (Account No. 445-4763-572-64.90).
~ 5-0
Agenda Item No.:
AGENDA REQUEST
Date: March 21, 1995
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When:
Description of agenda item (who, what, where, how much): Bid Award -
Bid #95-26 - Award to responsive bidder, Professional Sound Services, Inc.
for background music and paging system for the Delray Beach Golf Course
Clubhouse at a total cost of $10.300.00
ORDINAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Professional es, Inc. at a total
cost of $10,300. Account #445-4763-572-
~epartment Head Signature:
Deteraination of Consistency
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding availab1e:~NO~.
Funding alternativ . (if applicable)
Account No. & Description: ~7~"S72.~ GtJLF COU.Je.S(;;"CLJ1Bt1~
Accollnt Balance: D ( 2tf) DíH£/E? aUt P.
City Manager Review: NO /7Jl
~c:
Approved for agenda: ~/
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'. ,
",
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Joseph sa~inance Director
FROM: Jacklyn Rooney, Senior Buyer q.
DATE: March 21, 1995
SUBJ ECT : DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 21, 1995 - BID AWARD - BID #95-26
BACKGROUND MUSIC AND PAGING SYSTEM
FOR THE DELRAY BEACH GOLF COURSE CLUBHOUSE
Item Before Commission:
The City Commission is requested to award to second low responsive bidder,
Professional Sound Services, Inc. , for the background music and paging
system for the Del ray Beach Golf Course Clubhouse at a total cost of
$10,300.00.
BackQround:
Bids for this contract were received on Ma rc h 13, 1995, from five (5)
vendors all in accordance with City purchasing procedures. (Bid #95-26 on
file in the Purchasing Office.) A tabulation of bids is attached for your
review.
The low bidder, Securi ty & Sound Systems Inc. , has submitted a letter
stating an error in their calculations of the their bid prices and
requesting an increase in their bid price due to this error, or
withdrawal of their bid. The City Attorney's office has reviewed this
matter and finds this bid submitted by low bidder unresponsive. Copy of
letter from low bidder attached.
The bids have also been rev i ewed by the Arch itect, Digby Bridges, Marsh
and Associ ates, and Jose' Aguilla, Asst. Construction Manager for the
City. They recommend award to second low bidder, Professional Sound
Services Inc.
Recommendation:
Staff recommends award to second low bi dder, Professional Sound Servi ces
Inc., at a total cost of $10,300.
Attachments:
Tabulation Of Bids
Memo From Security & Sound Systems Inc.
cc: Jose' Aguilla
Digby Bridges, Marsh And Associates
Brahm Dubin
'. '
·'
.
TABULATION OF BIDS
BID 1195-26
BACKGROUND MUSIC AND PAGING SYSTEM FOR
CITY OF DELRAY BEACH GOLF COURSE CLUBHOUSE
'Security & Professional NDR Peerson T.G.L. Inc.
Sound Systems Sound Corporation Audio Inc. dba The Good
Inc. Services Inc. Life
Total Lump
Sum $ 8,494.94 $10,300.00 $11,551.00 $12,014.92 $18,455.16
Brand/Model As Specified per attached TOA/ Sound- As Per Spec-
Number olier/ * ifications in
brochures West Penn bid package
1195-26
., Comments/ * Note - DBS 110 Volt AC * Microphones
Exceptions Music System Power, Shure SM 588
Svc is $75.00 conduit, SD-LC
per month, junction box Mixer/Ampli-
with a five es, terminal fiers AMP
year Contract cabinets & for Page
Installation raceway syst Mic and
of dish is all are not in- Digital Cable
additional cluded. Radio: Rane
$350.00, with FDA28
lease of Mixer/Amplif-
Dish/Decoder iers (2) TOA
included in A912MK2,
monthly fee (2) TOD A906
(if desired) mk2, (2) TOA
.' A903 mk 2
Volume Control
Lowell 100LCZ,
75LCZ, 35LCZ,
and 10LCZ
as approved
by Digby
Bridges.
Speakers:
Lowell CT830-
T825, as
approved by
Digby Bridges
SECURITY &
SOUND
SYSTEMS
INC.
u__
1610 N.W. 3rd Street, Deerlield Beach, Florida 33442 . (305) 427-8856 . FAX (305) 429-94~)7
03/J 6/Y~)
M. \.E"tlt j,()tl: ':löcklÐ !-<C)On8Y
Pllt·(';h~8jn9 Of"fice
100 Northwest FjYHt A VH II lie
Do h-ay beòell. F'l. 3:-1444
HE: L\J.ò ~9~\·· 26
I>f:l1l" Mr'~ Rooney.
Jt }lè.tf' })(~ c.~ ()tn~ apparent t11~ l the hid subnntt6d on Mart-h J :-1 .
199~, . t:itled }'Ið (:kg" 01.1 nd )11-1S J C & }'/HI j IiO Svut (:m lol"' G(I] f C:ours~
C llÙ,\)oU8t;\ . *9~)-·í.6 . had em error :111 ('In- e ale u 1 ct t ~ (H !-; , Our c: ()~.~ \.
CE;t HUd te Wc1H ttctuèllly $¿./.OfJ,QO lower t h ë'Jn 11- shou 1 (1 h¿\vc be~lj .
whj(;]¡ jf:; d 1 OJ"Ç. f~ [':\IT[) and j mpoB8 j b1 (> for us to ahRClYh. HOWeVE:~lA . J
am w:i 1 1 :i 1I~1 1.t1 Hp] j t the co£t wjth the c;jty and abBor'b half 01' t rl('
t,O"I'I1T" , ;if WI:! Gall ] ncreèl se Oil)" l,i ð for the pt'(\ ."Ì(!(:t t(1 $9. ~~ui. 94.
lr 0 a 1 i ze t hI:- t thÜs is £.} ight y irre~-!u}br , hClw(:.vE\r, j f thE-!
City does not ö 11 oW (riB jnCY~ðf.lf, jn cost. 1 am 10l"Cùd t() withcirüw
my bid at t11:i~; ljHll~. This Jetter Cð rt !.:E,·rvü as n(,)t:i f j (:a t ion" pJ' i or
t.o nc::~øptance, ltB pl:}~. Sect i on 1 ~- (If t hi:~ (.;oIlC'ra) Com! j t i cirw .
H(!W~v(n . 1 f thE! C1ty tH:n.1pts th~ J n(T~af:t: :i (lour h j (I. the
l'ttthc:hed add t',llð \JIll ¡:-:; OIl exar:t J:ist:iIlO (.'f the it ern:·:: to þ.;:
jnntétlled on the projoct, ëd 1 ("If wh:ich ë¡t'Q èI ",. f1pC:C'lt:lE!d.
..
'A. J tbouçr]¡ el1c 1 ()~ur~H were not cle~:i y'~:(] (Il" (:ç.('cifjed. the speaJ<E':!l^f1
wi 11 havt::' supf,or t. f,truts to E<] iruirw(c: the pr¡f3~; j J),i J 1 t Y 01 t( ço
c(liling U 1 BH Hð~1g i nçr .
1 öppr('\cioto YOllr ëisf\Ü:l ðl1Ce in t h 18 \1)1'1 t U~1 , ë'lnC'Ï ] ët pc, 1 ('~! i 7.C
f ()r any :i neanv i en(:~ t h i f:: may (,'!use, 1-'] ease not:l ty ff (' of Y()\JY
dec Ü': j c,n bt3 soon ä8 pOSH j 11}0. Thank you.
~jj nC<H"(! 1 y,
··-rk \~
/--::;;......~ ""L~~~..h_~ " ~~t~,::~-
(.---~
Md I111ew f\(..çt or
F"'el" j Ùf.mt
. ,
. .
SECURITY &
SOUND
SYSTEMS
INC.
, ... .-- .-.... --
1610 N.W. 3rd Street, Deerfield Beach, Florida 33442 . (305) 427-8856 . FAX (305) 429-9467
O:')116/9~i
AtteI1l.ioJI: Jt:\ckje Roolley
PuY'("llas i TlC.1 01 f i Çl:'
100 N(\}^t }sWea\ Fin,:t Avenue
D(~} ray Boac:h, FL ::S3Lì44
RE: Bid #95-2G Addendum
T>~('1r Mn3 ROOfWY.
The t cd 1 OW) nq )f: t.h~ jt erni z,a t i CIII of c:qu i prnEmt to })f.! uf;t~t1 Oil
the projE)ct :i f the odd) t j Olltt 1 (:O~\ t i ~J ti j ] owed:
QUANT1'1'Y Ill:: SCH 1 P' r JON
- -.".. -" -- - -.- ------ - - --_. -_..- ---
2 TOll. AqJ 2MKr¡ M1 Xf;IUAMPLHTt-~~~; WI HACK HI~ACKETS
7. TOA A906MIO 1 MIXER/AMF'LJ 1"] .t:;kÐ W¡}ŒCK t;}{ACKE'j S
;;, TOJ\ AI:/O~M}{]J MJXEH/AMPU}'JEJ-<S W/HACK èIHACKI';'J'S
2 lOA TC301TJ\. }-'J\GJNtì tJOHN:-:
~) '1'01>. M,'(J1S MJ CrWPHONE JNPlrr MODULES
~ TOA U-l1S MUTIN(; Mllf¡) C JNPUT MODULE~::
'J SHURE 515SBG MJCkOPHONf: W/f," (~OO~a':Nt':CK
L·
7- fiHUIΠ~15SfK;;j8 MICROl-'HONt: W/J W' (;()O~;r:N}::<';K
t.¡ fHIUHr; ~)'J ~SJ:-\ MJ CROPHONE W/ATTACHEn 1 ~i' CORi>
4(1 SOUNDOLIEJ-< EZHD-'¡j,W ~:WEAKJ-:H P1\CKAC'~F:S W /SUPPORTS
:1 S(IUNDuLl J::K A'j-'~i V01.UME CONTf<OJ-S
2- SÚUNlH)Ll J::R 1\'1'-'35 VClUIMF: (XINTHOJ ,S
3 5UUNl)(JL1U< A1'-) () VOlUME C:ONTi<OJ.f;
) 50UN110LJJ~R MVX--J 9~1 MONrrOk PANEl..
} SU\.IN[)OLlfR ACRL-191 A POWER PANEL
1 SOUNDOLIEH WA;J.(}U-4~ EQUJ PMF:NT' RAn, W/FRONT & REAR ¡)(¡OJ-{
(j SWITCHCRAFT J~if'f; XJ.k MICklH'HUN;-: lNHlj"' PLATEt;
4 ADEMCO KEYSWITCH£S
LOT W}';~>T PJ::NN #¿':!.~I CL-¿ SPEAKER WIRE
LOT WEST PENN :tI291 MlnWPIiUNI'; WI/-n,
Lur HA~DW¡d-<E;. CONNECTORS
... .. ... }';N J I (IF J ,1 ST] N(; ., .... ....
",
...
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i /0· A . - MEETING OF MARCH 21, 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
14-95/BOAT STORAGE ON THE MUNICIPAL BEACH
DATE: MARCH 16, 1995
This is second reading and public hearing for Ordinance No. 14-95
which amends Section 101.35, "Storing Boats", of the City Code to
provide for an increase in the boat storage area on the municipal
beach from 300 feet to 500 feet, and for an increase in the
permit fee from $121.50 to $200.00, plus applicable taxes. The
ordinance also changes the time for submission of applications
for permits, repeals the requirement that the permit be affixed
to the port bow of a boat, and modifies the procedure for notice
to the owner of any boat on the municipal beach without the
proper permit.
At first reading on March 7 , 1995, the Commission passed
Ordinance No. 14-95 by a vote of 4 to O.
Recommend approval of Ordinance No. 14-95 on second and final
reading.
O~ ~ 6-ð
ref:agmemo12
",
,
1. t t ¡/Ø.)
c.'" ¡lS,1
5~'¡'~ fA I~' ~,tf
Ut/1 ~ Çl t ¡. ,J"
f'~ &1('
fA P t1J6~
I} tIt' J,. fbJ.
f·· A J ~ t,
September 2, 1994 t/ø ' ',}JI1/
Thomas and Patricia Gmyrek
121 N.W. 12th Street
Delray Beach, FL 33444
Dear Mr. and Mrs. Gmyrek:
Please be advised that your Lease Agreement with the City of Delray
Beach for use of a slip at the Municipal Marina expires on September
30, 1994. A new License Agreement must be signed and returned to us by
September 15, 1994 for use of a slip beginning October 1, 1994.
Failure to do so will render that slip vacant and become available for
use by another lessee.
Also please be reminded that a current and valid insurance certificate
per marina rules and regulations must be on file in this office at all
times.
At this time no changes in the License Agreement are anticipated, but
City Commission will not finalize budget considerations that may affect
the lease rate until some time late in September. You will be notified
of any changes per your License Agreement.
Please call me at 243-7253 if you have any questions regarding this
matter.
Sincerely,
Joe Dragon
Assistant Director of Parks and Recreation
Enclosure
JD:cp
Ref:marlease
"
ORDINANCE NO. 14-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101,
"PARKS BEACHES, AND RECREATION", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 101.35, "STORING BOATS", TO PROVIDE
FOR AN INCREASE IN THE BOAT STORAGE AREA, CHANGES
IN THE TIME FOR SUBMISSION OF APPLICATIONS FOR
PERMITS, AND AN INCREASE IN THE PERMIT FEE FOR BOAT
STORAGE ON THE MUNICIPAL BEACH, AND BY REPEALING
SECTION 101.35(H) AND RELETIERING SUBSEQUENT
SECTIONS; 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 permit 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; and
WHEREAS, the City Commission deems it to be in the public interest to change
the time for submission of the applications for permits; and
WHEREAS, the City Commission deems it to be in the public interest to
increase the size of the boat storage area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 101, "Parks, Beaches, and Recreation", Section
101.35, "Storing Boats", Subsection 101.35(D), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(D) The area of the municipal beach in which boat storage under this section
will be permitted is as follows: Bounded on the north by the north right-of-way line of
Beach Drive designated by the Florida Department of Transportation as SLD MP
10.358; on the south by a line parallel to the north right-of-way line a distance of ~
500 feet at right angles south; on the west by the western edge of the sand portion of
'. , .
'",
.
the municipal beach; and on the east by a line running north and south at right angles
to the north right-of-way line of Beach Drive that is ten feet west of the average mean
high tide line. This area shall be indicated on the municipal beach by appropriate
signs to be erected by the city administration.
Section 2. That Chapter 101, "Parks, Beaches, and Recreation", Section
101.35, "Storing Boats", Subsection 101.35(E), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(E) The owner of a boat who desires to store it in the area designated above
shall make application to the city admiaistration for a boat storage permit. on or after
the second week in September. Such permits shall be effective from October 1 of the
current year to September 30 of the next year. The permits shall be issued upon
receipt of the application. Applications may be picked up from the Parks and
Recreation Department at any time durin2 the year for any remainin2 permits that have
not been issued. whieh Aapplication! shall be in a form to be prescribed by the city
administration containing as a minimum the name and address of the boat owner,
together with any identifying registration numbers of the boat issued by other
governmental agencies, and the type or model of boat for which application is being
made. The maximum number of boat storage permits which the city administration
may J:nwe be outstanding at any time shall be determined by the City Manager but shall
not exceed the number permitted under the regulations, permission or permit of the
Department of Natural Resources.
Section 3. That Chapter 101, "Parks, Beaches, and Recreation", 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 $121.50
$200.00, plus applicable taxes.
Section 4. That Chapter 101, "Parks, Beach, and Recreation", Section
101.35, "Storing Boats", Subsection 101.35(H), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby repealed.
Section 5. That Chapter 101, "Parks, Beaches, and Recreation", Section
101.35, "Storing Boats", Subsection 101.35(1), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
æ
ili1 Boat OV¡AerS shall have HatH October 16, 1987, to obtain the Aeœssary
boat storage permit from the city or remove their boat from the mHnicipal beach.
Aftef September 1, 1987, !the city admiaistration shall affix a notice to any boat
remaining on the municipal beach without the proper permit.:.. ·.vhich shall give the
owner thereof notice that by October 31, 1987, the owaer mHst either obtain a boat
- 2 - ORD. NO. 14-95
" ,
·'
. .
st-orage permit from the city or remove me boat from the municipal beach. The notice
shall f\iTtner advise the owner that in the event a current boat storage permit is not
obtained and the boat remains on the municipal beach after October ~ 1, 1987, of the
current year, the boat owner will be subject to a fine of $10 per day for each day the
boat remains on the municipal beach.:. and that !if the boat remains on the municipal
beach for ten days in violation of this provision that it shall be subject to impoundment
by the city and that in addition to paying the $10 per day fine (which shall also be
applicable during the period of impoundment), the boat owner as a condition precedent
to obtaining the return of his boat shall be responsible for all expenses of the city in
impounding it and all storage costs thereof.
('80 Code, Sec. 17-31) (Ord. No. 33-79, passed 5/29/79; Am. Ord. No. 51-79,
passed 8/13/79; Am. Ord. No. 120-85, passed 11/12/85; Am. Ord. No. 94-87,
passed 11/10/87; Am. Ord. No. 148-88, passed 11/22/88; Am. Ord. No. 60-89,
passed 9/26/89)
Penalty, see Sec. 10 1. 99
Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 8. That this ordinance shall become effective ten (10) days from its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on
this the 21st day of March , 1995.
~~
,. MAY~
A ITEST:
()¡lMn'flJ4 JiJ.I-ym #0 {iJ¡
City Clerk
First Reading March 7, 1995
Second Reading March 21, 1995
sailboaLord
- 3 - ORD. NO. 14-95
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERßft1
SUBJECT: AGENDA ITEM fi: 10 . B . - MEETING OF MARCH 21. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
17-95/POST-DISASTER RECONSTRUCTION
DATE: MARCH 16, 1995
This is second reading and public hearing for Ordinance No. 17-95
which amends the Land Development Regulations to provide for the
post-disaster reconstruction of nonconforming residential
structures. A first draft of this ordinance was considered by
the Commission on December 13, 1994. Certain concerns were
raised as noted in the Planning Director's memorandum, with the
ordinance being remanded to the Planning and Zoning Board for
refinement.
The City Attorney drafted a revised ordinance to address the
requested changes. The Planning and Zoning Board formally
reviewed this ordinance on February 27, 1995, and voted
unanimous ly to recommend that it be approved. At first reading
on March 7, 1995, the Commission passed Ordinance No. 1 7 - 9 5 by a
vote of 4 to O.
Recommend approval of Ordinance No. 17-95 on second and final
reading,
fo ooúfL 6-0
ref:agmemo10
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ORDINANCE NO. 17-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING ARTICLE 1.3, "NONCONFORMING USES,
LOTS, AND STRUCTURES", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION
1.3.4(B) AND SECTION 1.3.5(C), TO PROVIDE FOR AN EXCEPTION AS SET
FORTH IN SECTION 1.3.8; ENACTING A NEW SECTION 1.3.8 TO PROVIDE
FOR THE RECONSTRUCTION OF NONCONFORMING RESIDENTIAL
STRUCTURES DESTROYED BY ACTS OF GOD, PROVIDING DEFINITIONS
AND PROVIDING TIME LIMITS FOR RECONSTRUCTION; 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 August 15, 1994, 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; and
WHEREAS, the City Commission, after reviewing the subject matter at their meeting of
December 13, 1994, directed certain changes and clarifications to be made and incorporated in the
ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS;
Section 1. That Chapter One, "General Provisions", Article 1.3, "Nonconforming Uses, Lots,
and Structures", Section 1.3.4, "Nonconforming Structures", Subsection 1.3.4(B), of the Land
Development Regulations of the City of Delray Beach, Florida, be , and the same is hereby amended to
read as follows:
(B) Except as provided in Section 1.3.8. S should the nonconforming structure be
destroyed by any means to an extent exceeding 50% of its replacement cost, ~ -saeh structure shall
~ Bet be reconstructed except in conformance with the requirements for the zoning district in which it
is located.
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Section 2. That Chapter One, "General Provisions", Article 1.3, "Nonconfonning Uses, Lots,
and Structures", Section 1.3.5, "Nonconfonning Uses of Structures and Land", Section 1.3.5(C), of the
Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(C) Except as provided in Section 1.3.8. .g Should the structure involving a
nonconforming use be destroyed by any means to an extent exceeding 50 % of its replacement cost, ~
s:üeà structure shall ~ Bet be reconstructed except in confonnance with both the development and use
requirements for the zoning district in which it is located.
Section 3. That Chapter One, "General Provisions", Article 1.3, "Nonconfonning Uses, Lots,
and Structures", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the
same is hereby amended by enacting a new Section 1.3.8, "Reconstruction Necessitated by an Act of
God" to read as follows:
Section 1. 3.8. Reconstruction Necessitated by An Act of God
(A) If a lawful nonconfonning residential structure is damaged or destroyed by an Act
of God (the event). the owner shall be pennitted to rebuild the structure in accordance with the use and
number of units pennitted by the certificate of occttpancy in existence prior to the occurrence of the
event. Where necessary. in order to accommodate the same number of units. such structures may be
reconstructed to heights previously established on building pennit plans approved prior to the occurrence
of the event. All rebuilding shall comply with fire and building codes in effect at the time of
reconstruction. and shall comply to the greatest extent possible with applicable provisions of the Land
DevelQpment ReiUlations.
(B) In order to receive approval for rebuilding pursuant to this section. applications for
building pennits must be submitted within one year of the date on which the event occurred and all
reconstruction must be completed within three years from the date of the event.
(C) The following defintions apply for the purposes of this section:
1. Residential Structure: A Residential Structure is a strucuture that includes
pennanent dewelling units such as homes. townhouses. condominiums. and apartments. as well as
temporal)' dwellings such as hotel/motel rooms and resort dwelling units.
2. Act of God (the event): An Act of God (the event) is an unusual.
extra ordinal)'. sudden and unexpected manifestation of the forces of nature which man cannot resist
which may include. but not be limited to. floods. stonns. fire and other catastrophes. An event shall not
be considered an Act of God if it results from or is contributed to by the intentional or deliberate act or
negligence of the owner that may have been prevented by the exercise of reasonable diligence or
2 ORD NO. 17-95
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ordinary care. When an Act of God combines or occurs with the intentional or deliberate act or
negligence of the owner and the damage necessitating the reconstruction would not have resulted but for
the owner's intentional or deliberate act or negligence or omission the event shall not be considered an
Act of God.
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 portions 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 immediately upon passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 21 s t
day of MARCH ,1995.
~
MAY
ATTEST:
&, Mn 'f"fhfl Jù '~ !/Ofh¡
City Clerk
First Reading March 7, 1995
Second Reading March 21, 1995
lOO-94.ord
Post Disaster Ord.
3 ORD NO. 17-95
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN CI~Y ~
FROM: DIANE DOMINGUEZ ~Al ~
DIRECTOR OF PLAN ING & ZONING
SUBJECT: MEETING OF MARCH 7, 1995
LDR AMENDMENT (REVISED) ALLOWING A GRACE PERIOD FOR
THE POST-DISASTER RECONSTRUCTION OF RESIDENTIAL
STRUCTURES TO EXISTING DENSITIES AND HEIGHTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval
of an amendment to the LDRs regarding the reconstruction of
nonconforming buildings. The affected regulations are in LDR
Section 1.3, Nonconforminq Uses, Lots, and Structures.
B A C K G R 0 U N D:
This amendment was initiated as a result of recommendations made
by the Planning and Zoning Board's Nonconforming Uses Committee.
It was first considered by the City Commission at the meeting of
December 13, 1994. While the Commission supported the objective
of the ordinance, there were concerns regarding the wording. It
was felt that clarification was needed regarding just what types
of events would constitute a catastrophe. Commission members
also wanted to ensure that an owner would not be precluded from
rebuilding if deliberate actions of others caused the
destruction of the structure. Additionally, it was felt that a
time limit of three years should be placed on the rebuilding of
nonconforming structures.
The City Attorney has drafted an ordinance which incorporates
the requested changes. It provides a better definition of the
destructive events that would be covered by the ordinance, and
clarifies under what circumstances an owner would be held
responsible for the damage, and would not be able to rebuild.
It also requires that all reconstruction be completed within
three years from the date of the destruction.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the revised
ordinance at its meeting of February 27, 1995, and unanimously
recommended that it be approved.
R E COM MEN D E D ACT ION:
By motion, approve the ordinance amending LDR Section 1. 3,
Nonconforminq Uses, Lots, and Structures, to allow for the
reconstruction of nonconforming residential structures destroyed
by catastrophe.
Attachment:
* Proposed Ordinance
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M E M 0 R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f)'ftI(
SUBJECT: AGENDA ITEM # 10 c... - MEETING OF MARCH 21. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 16-95
DATE: MARCH 17, 1995
This is the second reading and public hearing for Ordinance No.
16-95 which amends Section 7.8.13(B) of the Land Development
Regulations to eliminate a conflict in the City Code regarding
residency and business location requirements for members of the
Board of Construction Appeals.
When the City Commission adopted a revised unsafe building
ordinance in 1994, the requirements for Board of Construction
Appeals membership were inadvertently changed. The ordinance added
a residency/business location requirement which conflicts with the
existing provision in Section 2.2.1(A) of the LDRs. In order to
correct the conflict, this ordinance will remove the
residency/business location requirement from Section 7.8.13.
At first reading on March 7, 1995, the Commission passed the
ordinance by a vote of 4 to O.
Recommend approval of Ordinance No. 16-95 on second and final
reading.
r~ 5/0
ref:agmemo18
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ORDINANCE NO. 16-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 7.8, "UNSAFE
BUILDINGS OR STRUCTURES", SECTION 7.8.13(B),
"QUALIFICATIONS", TO REMOVE THE REQUIREMENT THAT
MEMBERS OF THE BOARD OF CONSTRUCTION APPEALS BE
RESIDENTS OR HAVE THEIR PRINCIPAL PLACE OF BUSINESS
IN THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the current Article 7.8 of the City of Delray
Beach's Land Development Regulations contains a requirement that
members of the Board of Construction Appeals be residents of the City
or have the principal place of business within the City; and
WHEREAS, the City Commission of the City of Delray Beach
desires to remove this requirement, as it was previously not required
prior to the adoption of Ordinance No. 82-94,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Seven, "Building Regulations",
Article 7.8, "Unsafe Buildings or Structures", Section 7.8.13,
"Procedural Matters, Board of Construction Appeals" , of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(B) QUALIFICATIONS.
~¡¡//¢¢¢~¢t¢//¢~_¡¡//t¢¢t~¢//t~//øt//~_ý¢//t~¢tt
ptt~¢tp_¡/p¡_¢¢/Ø1/~~¢t~¢¢¢/t~/t~¢/¢ttý/ All members
shall have actual previous experience in their
respective trade or profession deemed sufficient by
the City Commission.
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.
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Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of March , 1995.
ATTEST: ~~~
o fA.{¡,m 'ilJ!1'. J«~ II!} ffir
City C rk
First Reading March 7, 1995
Second Reading March 21, 1995
- 2 - Ord. No. 16-95
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: :..,~ ,l':. C ~:-': j \/ t ~ l-. ,~
[ITY DF DELRAY BERCH ~,~N? 1 f;. 1995
c: 1- \~: Î.- :, - " ,
CITY ATTORNEY'S OFFICE 20ü ~,w Is! AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278.4755 Writer's Direct Line: (407) 243-7091
DEL RAY BEACH
r i 0 . I D A
........ MEMORANDUM
AlJ.Arnerica City
"11': DATE March 10, 1995
1993 TO: David T. Harden, City Manager
',' 'x\.
:"..:::......, ,-.......-=-
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Penalty Ordinances
Attached is a proposed ordinance amending all of the City's Ordinances concerning
penalties to comply with State law.
Please schedule this for the City Commission Agenda,
Do not hesitate to call if you have any questions.
cc: Susan A. Ruby, City Attorney
perunem.rbs $( ~
po/ I
5~O ¡Cf5
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®,c'r¡rìte::' Re'-'I,'~"'_è' {~a;Ît-·- /~·4 .
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ORDINANCE NO, 18-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH,
FLORIDA AMENDING CHAPJER 10, "GENERAL PROVISIONS", SECTION 10.99,
"GENERAL PENALTY"; CHAPTER 52, "WAJER", SUBSECTION 52.99(A); CHAPTER 54,
"SEWERS", SECTION 54.99; CHAPTER 90, "ABANDONED PROPERTY; JUNKYARDS",
SECTION 90.99; CHAPTER 91, "ANIMALS", SECTION 91.99; CHAPTER 92, "BOATS AND
BOATING", SECTION 92.99; CHAPTER 95, "EMERGENCY MANAGEMENT", SECTION
95.99; CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", SECTION 96.99;
CHAPTER 97, "HEALTH AND SAFETY", SECTION 97.99; CHAPTER 98, "LITTER",
SECTION 98.99; CHAPTER 99, "NOISE CONTROL", SUBSECTION 99.99(A) ; CHAPTER
100, "NUISANCES", SECTION 100.99; CHAPTER 101, "PARKS, BEACHES AND
RECREATION", SECTION 101.99; CHAPTER 102, "STREETS AND SIDEWALKS",
SECTION 102.99~ CHAPTER 110, "OCCUPATIONAL LICENSE GENERALLY", SECTION
110.99; CHAPTER Ill, "ADVERTISING", SECTION 111.99; CHAPTER 112, "ALARM
SYSTEMS", SECTION 112.99; CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION
113.99; CHAPTER 115, "AUCTIONS AND AUCTIONEERS", SECTION 115.99; CHAPTER
118. "SOLICITORS AND PEDDLERS", SUBSECTION 118.99(A); CHAPTER 119.
"VEHICLES FOR HIRE", SECTION 119.99; CHAPJER 130, "GENERAL PROVISIONS",
SECTION 130.99; CHAPJER 150, "DOCKS, DOLPlllNS, FINGER PIERS, AND BOAT
LIFTS", SUBSECTION 150.99(A); LAND DEVELOPMENT REGULATION SUBSECTION
1.4.4(A). KNOWN COLLECTIVELY AS PENALTY PROVISIONS, TO PROVIDE A
PENALTY IN CONFORMANCE WITH FLORIDA LAW; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DAJE.
WHEREAS, Chapter 94-255 of the Laws of Florida, effective July 1, 1994 provides that a
City may designate the enforcement methods and penalties to be imposed for violation of
ordinances adopted by a municipality which shall include, but not be limited to, the issuance of a
citation, a summons, or a notice to appear in county court, or arrest for violation of municipal
ordinances as provided for in Chapter 901, Florida Statutes; and
WHEREAS, Chapter 94-255 of the Laws of Florida provides that, unless otherwise
specifically authorized and provided for by law, a person convicted of violating a municipal
ordinance may be sentenced to pay a fine, not to exceed five hundred dollars ($500.00), and may
be sentenced to a definite term of imprisonment not to exceed sixty (60) days; and
WHEREAS, the above referenced Chapters and Sections of the Code of Ordinances of the
City of Delray Beach sets forth a five hundred dollar ($500.00) fine and/or imprisonment for a
term not exceeding ninety (90) days; and
WHEREAS, the City Commission of the City of Delray Beach desires to conform its
ordinances to Chapter 94-255 of the Laws of Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That Chapter 10, "General Provisions", Section 10,99, "General Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
10.99 as follows:
(A) Whenever in this code or in any ordinance of the city any act is prohibited or is
made or declared to be unlawful or an offense, or whenever in this code or any ordinance the
doing of any act is required or the failure to do any act is declared to be unlawful, where no
specific penalty is provided therefore, the violation of any provision of this code or any ordinance
shall be punished by a fine not exceeding $500 or imprisonment for a term not exceeding sixty
(60) niAety (90) days, or by both a fine and imprisonment. Each day a violation of any provision
of this code or of any ordinance shall continue shall constitute a separate offense.
(B) The City adopts all enforcement methods provided by law which include. but are
not limited to. the issuance of a citation. summons. Notice to Appear in County Court. or arrest
for violation of municipal ordinances. as provided for in Chapter 901. Florida Statutes.
(Bj
(g In addition to the penalties hereinabove provided, any condition caused or
permitted to exist in violation of any of the provisions of this code or any ordinance shall be
deemed a public nuisance and may be, by the city, abated as provided by law, Each day that a
condition continues shall be regarded as a new and separate offense.
('SO Code, Sec. 1-6)
Section 2 . That Chapter 52, "Water", Section 52.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by amending Subsection 52.99(A) as
follows:
(A) Any person, firm, or corporation who violates any provision of this chapter for
which another penalty is not specifically provided shall, upon conviction, be subject to á fine not
exceeding $500 or imprisonment for a term not exceeding sixty (60) RÌAety (90) days, or both,
Each day any violation shall continue to exist shall constitute a separate offense,
Section 3. That Chapter 54, "Sewers", Section 54,99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 54.99, and by
enacting a new Section 54.99 to read as follows:
Section 54.99 Penalty,
See Section 10.99, "General Penalty".
Section 4. That Chapter 90, "Abandoned Property; Junkyards", Section 90.99,
"Penalty", of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing
Section 90.99, and by enacting a new Section 90.99 to read as follows:
Section 90,99 Penalty,
2 Ord. No. 18-95
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See Section ] 0.99, "General Penalty".
Section 5, That Chapter 91, "Animals", Section 91.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 91.99, and by
enacting a new Section 91.99 to read as follows:
Section 91.99 Penalty.
See Section] 0.99, "General Penalty".
Section 6. That Chapter 92, "Boats and Boating", Section 92.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 92,99,
and by enacting a new Section 92.99 to read as follows:
Section 92,99 Penalty.
See Section 10,99, "General Penalty",
Section 7. That Chapter 95, "Emergency Management", Section 95.99, "Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section
95.99, and by enacting a new Section 95.99 to read as follows:
Section 95.99 Penalty.
See Section ] 0.99, "General Penalty".
Section 8. That Chapter 96, "Fire Safety and Emergency Services", Section 96.99,
"Penalty", of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing
Section 96.99, and be enacting a new Section 96.99 to read as follows:
Section 96,99 Penalty,
See Section 10.99, "General Penalty".
Section 9. That Chapter 97, "Health and Safety", Section 97.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 97.99,
and by enacting a new Section 97.99 to read as follows:
Section 97.99 Penalty.
See Section 10.99, "General Penalty".
3 Ord. No. 18-95
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Section 10, That Chapter 98, "Litter", Section 98.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 98.99, and by
enacting a new Section 98.99 to read as follows:
Section 98.99 Penalty,
See Section 10.99, "General Penalty".
Section 11. That Chapter 99, "Noise Control", Section 99.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by amending Subsection 99.99(A) as
follows:
(A) Any person, £inn or corporation who violates any provision of this chapter for
which another penalty is not specifically provided shall, upon conviction, be subject to a fine not
exceeding $500 or imprisonment for a term not exceeding sixty (60) niaety (90) days, or both.
Each day any violation shall continue to exist shall constitute a separate offense,
Section 12. That Chapter 100, "Nuisances", Section 100.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 100.99, and by
enacting a new Section 100.99 to read as follows:
Section 100.99 Penalty.
See Section 1 0,99, "General Penalty".
Section 13. That Chapter 101, "Parks, Beaches and Recreation", Section 101.99,
"Penalty", of the Code of Ordinances of the City of DeIray Beach is hereby amended by repealing
Section 101.99, and by enacting a new Section 101.99 to read as follows:
Section 101. 99 Penalty.
See Section 10.99, "General Penalty".
Section 14, That Chapter 102, "Streets and Sidewalks", Section 102.99, "Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section
102.99, and by enacting a new Section 102.99 to read as follows:
Section 102,99 Penalty.
See Section 10.99, "General Penalty".
Section 15. That Chapter 110, "Occupational Licenses Generally", Section 110.99,
"Penalty", of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing
Section 110,99, and by enacting a new Section 110.99 to read as follows:
4 Ord. No. 18-95
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Section 110.99 Penalty,
See Section 10.99, "General Penalty".
Section 16. That Chapter 111, "Advertising", Section 111.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 111.99, ar.d by
enacting a new Section 111.99 to read as follows:
Section 111.99 Penalty.
See Section 10.99, "General Penalty".
Section 1 7. That Chapter 112, "AJarm Systems", Section 112.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 112,99,
and by enacting a new Section 112.99 to read as follows:
Section 112,99 Penalty,
See Section 10.99, "General Penalty".
Section 18, That Chapter 113, "Alcoholic Beverages", Section 113.99, "Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section
113.99, and by enacting a new Section 113.99 to read as follows:
Section 113,99 Penalty,
See Section] 0,99, "General Penalty".
Section 19. That Chapter 115, "Auctions and Auctioneers", Section 115.99, "Penalty",
of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section
115.99, and by enacting a new Section 115.99 to read as follows:
Section 115,99 Penalty,
See Section 10,99, ·'General Penalty".
Section 20. That Chapter 118, "Solicitors and Peddlers", Section 118.99, "Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by amending Subsection
118.99(A) as follows:
(A) Any person, firm or corporation who violates any provision of Sections 118,01
through 118.08 shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment
for a term not exceeding sixty (60) niRety (90) days, or both, Each day any violation shall
continue to exist shall constitute a separate offense.
S Ord. No. 18-95
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Section 21. That Chapter 119, "Vehicles for Hire", Section 119.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 119.99,
and by enacting a new Section 119.99 to read as follows:
Section 119.99 Penalty.
See Section 10.99, "General Penalty".
Section 22. That Chapter 130, "General Provisions", Section 130.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 130,99,
and be enacting a new Section 130.99 to read as follows:
Section 130.99 Penalty.
See Section 10.99, "General Penalty".
Section 23, That Chapter 150, "Docks, Dolphins, Finger Piers, and Boat Lifts",
Section 150.99, "Penalty", of the Code of Ordinances of the City of Delray Beach is hereby
amended by amending Subsection 150.99(A) as follows:
(A) Any person, firm, or corporation who violates any provision of this chapter for
which another penalty is not specifically provided shall, upon conviction, be subject to a fine not
exceeding $500 or imprisonment for a term not exceeding sixty (60) 9G days, or both. Each day
any violation shall continue to exist shall constitute a separate offense.
Section 24, That Section 1.4.4, "Penalty:", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach is hereby amended by amending Subsection
1.4.4(A) as follows:
(A) Violation of the provisions of these Regulations, or failure to comply with any of
its requirements, including violations of conditions and safeguards established in connection with
grants or variances or conditional uses shall constitute a punishable violation, Any person who
violates these ReguJations, or fails to comply with any of its requirements, shall upon conviction
thereof, be fined not more than $500 or imprisoned for not more than sixty (60) 9G days, or both,
and shall pay all costs and expenses involved in the case. Each day such violation continues shall
be considered a separate offense,
Section 25. 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 26. That all ordinances or parts of ordinances in conflict herewith by and the
same are hereby repealed.
6 Ord. No. 18-95
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Section 27. 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
4th day of April ,1995.
~~
ATTEST:
(j¡~'IiJI/'.JÙ/~ Jlo;iy
City Clerk
First Reading March 21, 1995
Second Reading April 4, 1995
penalty3,ord
7 Ord. No. 18-95
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM * ø.·ß. - MEETING OF MARCH 21. 1995
FIRST READING FOR ORDINANCE NO. 19-95/REMOVAL OF MEMBERS
FROM ADVISORY BOARDS AND COMMITTEES
DATE: MARCH 16, 1995
This is first reading for Ordinance No. 19-95 which amends Chapter
32 of the City Code by enacting revised provisions concerning
attendance policy and removal procedures for members of advisory
boards, committees and commissions.
Among other things, the ordinance defines the failure to attend
three consecutive regular meetings as "abandonment of office II ,
constituting grounds for immediate removal by notice from the City
Manager's office and with no further action of the City Commission
required. The member may, however, request reappointment which is
at the discretion of the Commission. In addition, for removal on
grounds other than abandonment of office, a due process procedure
is included. However, instead of a hearing before the Commission
being mandatory, the member being removed is notified that he has
the right to request a hearing before the Commission if he so
desires.
A draft of this ordinance was reviewed at the March 14th workshop,
with direction to proceed to first reading. One question that was
not addressed was whether or not the three meeting rule would apply
to consecutive regular meetings only or to any three meetings,
including workshop and special sessions. Direction is requested
from the Commission. If necessary, changes can be made prior to
second reading.
Recommend approval of Ordinance No. 19-95 on first reading, with
direction on whether the three meeting rule will apply to any three
consecutive meetings, or regular meetings only. If passed, a
public hearing will be held on April 4, 1995.
f~ S-~O wd:A
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ref:agmemo16 ...3 ~~~
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ORDINANCE NO. 19-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
·DEPARTMENTS, BOARDS AND COMMISSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING
SUBHEADING -REMOVAL OF MUNICIPAL BOARD OR COMMISSION
MEMBERS·, SECTIONS 32.15 THROUGH 32.19, INCLUSIVE, IN
ITS ENTIRETY, AND ENACTING A NEW SUBHEADING, "REMOVAL
OF MUNICIPAL BOARD, COMMITTEE OR COMMISSION MEMBERS",
SECTIONS 32.15 THROUGH 32.20, INCLUSIVE, TO CLARIFY
PROCEDURES FOR REMOVAL OF MEMBERS FROM ADVISORY
BOARDS, COMMITTEES OR COMMISSIONS; AMENDING SECTION
2.2.1(F) , "REMOVAL OF MEMBERS; VACANCIES", OF THE
LAND DEVELOPMENT REGULATIONS TO PROVIDE THAT REMOVAL
OF MEMBERS FROM A BOARD SHALL BE PURSUANT TO THE
PROVISIONS OF CHAPTER 32; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City's Code of Ordinances at Chapter 32,
Sections 32. 16, "Grounds for Removal", Section 32.19, "Forfeiture of
Office-, and Land Development Regulations Section 2.2.1(F), "Removal
of Members, Vacancies", provide for removal of members from advisory
boards and commissions; and
WHEREAS, as currently drafted, it is unclear whether these
provisions conflict with the procedures required in Sect'ion 32.17,
·Procedure", for removal from office; and
WHEREAS, the City Commission of the City of Delray Beach
desires to clarify and unify the provisions pertaining to removal of
board, committee or commission members, especially that there will be
an automatic forfeiture of office for failure to attend three
consecutive regular meetings of a board, committee or commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 32, "Departments, Boards and
Commissions·· , Subheading "Removal of Municipal Board or Commission
Members·', of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and a
new Subheading, -Removal of Municipal Board, Committee or Commission
Members" , is hereby enacted to read as follows:
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REMOVAL OF MUNICIPAL BOARD, COMMITTEE OR COMMISSION
MEMBERS
Section 32.15 DEFINITIONS.
For the purposes of this section, the following
definitions shall apply:
-Member" shall mean any person who is a member
of any of the regulatory or advisory boards,
committees and commissions of the city, whether they
are appointed by the City Commission or elected.
"Abandonment of office" includes but is not
necessarily limited to failure to attend three (3 )
consecutive regular meetings of a board, committee or
commission.
Section 32.16 APPLICATION.
(A) A member of any city board, committee or
commission appointed by the City Commission to serve
on that board, committee or commission for a fixed
term may be removed during the term of office in
accordance with the provisions of this subchapter.
This subchapter shall apply to any board, committee
or commission operating under the auspices of the
city, whether created by Charter, special act,
ordinance or resolution, except as provided in (B)
below.
(B) (1) The Code Enforcement Board shall be
governed by Chapter 162.05(e) of the Florida Statutes
which provides that if any member of a Code
Enforcement Board fails to attend two of three
successive meetings without cause and without prior
approval of the chairman, the enforcement board shall
declare the member's office vacant, and the City
Commission shall promptly fill the vacancy.
(2) The Community Redevelopment Agency
shall be governed by Florida Statutes Chapter
163.356(4) which provides that the City Commission
may remove a community redevelopment agency
commissioner for inefficiency, neglect of duty, or
misconduct in office only after a hearing and only if
the member has been given a copy of the charges at
least ten (10) days prior to such hearing and has had
an opportunity to be heard in person or by counsel.
- 2 - Ord. No. 19-95
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(3 ) The Downtown Development Authority
shall be governed by Special Act which is codified as
I Chapter 71-604, Laws of Florida, as amended. The
I Special Act provides that the City Commission may
i
¡ remove a member of the authority for good cause upon
¡
i a vote of four-fifths (4/5) of its entire membership,
, authorizes removal after notice which specifies the
" charges, and after a hearing. Good cause in the
"
j: Special Act is defined as willful neglect of duty,
"
I' incompetence, or unfitness to .perform one's duty or
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!I conviction of an offense involving moral turpitude.
I ~ Members so removed shall be entitled to review by the
I: Circuit Court of the action taken.
¡
(4) The Delray Beach Housing Authority
II
I' shall be governed by Florida Statutes Chapter 421. 07
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Ii which provides for the removal of commissioners for
II inefficiency or neglect of duty, or misconduct in
,.
i ~ office. A commissioner may be removed by the Mayor
L
, with concurrence of the governing body, but a
í commissioner shall be removed only after the
i' commissioner has been given a copy of the charges at
!! least ten (10) days prior to the hearing thereon and
I' after an opportunity to be heard.
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Ii (C) The provisions of this subchapter shall be
d
1! cumulative to such other procedures as specified in
I other applicable provisions of law concerning a
"
ií specific board, committee or commission.
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II Section 32.17 GROUNDS FOR REMOVAL.
II
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ji In addition to such other grounds for the
II
I
<. removal of members of a particular board~ committee
Ii or commission as may be prescribed by law, any member
;! may be removed by the City Commission for the
violation of any provision of the Code of Ethics for
i Public Officers and Employees cited at Chapter 112
i (Part III) of the Florida Statutes, conviction in any
I court for a violation of law involving moral
;: turpitude, inefficiency, neglect of duty, conduct
¡I which renders the member ineffective in dealing with
"
., those members of the public interested in the work of
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!) the member's board, committee or commission, conduct
I: which renders the member unfit to continue in office,
II malfeasance in the performance of official duties, or
for any other just cause; or abandonment of office.
i - 3 - Ord. No. 19-95
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Section 32.18 PROCEDURE.
(A) Except as provided in subsection (C) below,
a notice of removal shall be served upon the member
sought to be removed upon the direction of a majority
of the City Commission. The notice of removal shall
be prepared by the City Attorney and signed by at
least one member of the City Commission, and shall
specify the grounds for removal.
(B) The notice of removal shall be served by
personal delivery or by ordinary first class mail.
Service shall be accomplished as soon as is
practicable after the City Commission directs service
of the notice of removal. The notice shall include a
statement that the member has the right to request a
hearing before the City Commission, and that the
request for a hearing must be received by the City
Clerk on or before a date to be specified in the
notice, which shall be seven (7 ) days from the date
of service if the notice is personally served, or ten
(10) days from the date of mailing if the notice is
served by mail.
(C) If the ground for removal is abandonment of
office, the notice of removal shall automatically be
issued by the City Manager or his designee. In such
cases, subsection (D) below shall not be applicable,
but the person removed may request reappointment at
any time.
(D) Hearing; Decision of City Commission.
( 1) Upon the timely request of the member
for a hearing before the City Commission, the
Commission shall set a date, time and place for a
hearing and direct the City Clerk to give the member
notice of the hearing.
(2) At the hearing, the member will have
an opportunity to respond, to present evidence and
arguments on all issues involved, and to conduct
cross-examination. The member may appear in person
at the hearing or be represented by legal counselor
some other representative as the member chooses.
(3) The decision of the City Commission
may be either to remove, to suspend, to reprimand or
to absolve the member.
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(E) Effective date of removals.
(1) Except as provided in (E)(2) below,
the effective date of removal of a member shall be
immediately after the expiration of the time in which
the member has the right to request a hearing before
the City Commission, or any later date which the City
Commission may provide, unless the member timely
requests a hearing before the City Commission. If
the member timely requests a hearing, and if the City
Commission decides to remove the member upon the
conclusion of the hearing, the removal shall take
effect immediately unless the City Commission
specifies a later date. If a member timely requests
a hearing but withdraws the request prior to the
hearing, the effective date shall be the date on
which the request is withdrawn.
(2) If the ground for removal is
abandonment of office, the removal shall take effect
immediately upon issuance of the notice by the City
Manager or his designee.
Section 32.19 VOTE NECESSARY FOR REMOVAL.
Removal of any member of a city board, committee
or commission shall require four (4) votes of the
City Commission, except in cases of abandonment of
office which shall constitute an immediate forfeiture
of office.
Section 32.20 REAPPOINTMENT .
Nothing contained herein shall prevent the City
COJlUllission from reappointing the city board,
committee or commission member to fill the unexpired
portion of the term if, upon good cause shown to the
City Commission, that member has requested and
demonstrated good cause for such reappointment.
Section 2. That Chapter Two, "Administrative Provisions",
Article 2.2, l'Establishment of Boards Having Responsibilities For Land
Development Regulations II , Section 2.2.1, IIGeneral Provisions",
Subsection 2.2.1(F), "Removal of Members, Vacancies", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
- 5 - Ord. No. 19-95
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(F) Removal of Members, Vacancies:
(1) Members of a board _~_¡¡ ~ be removed by
the City Commission pursuant to the provisions of
Chapter 32 of the Code of Ordinapces. 14¡SØJi/;t/ttJi~tJiW
øt ItJi_ttt¢tøJi¢ý¡ lJi_W¡_¢t IØt 1~}4tý¡ IØt IØ;t¡tØ_ø;tJi¢_ ItJi
øttt¢_/ I 11~_ IØtØØtJi~ IØt It~t__ l¢øJiø_¢}4ttýø ItØW}4¡;tt
~14Øt~__Ø /Øø_tt~~ø IØt l;t I~Ø;tt~ I_~;t~~ 1;t14tØØ;ttt¢;t~~ý
¢øJi_ttt}4t_l.ltt~~t~Ø/Øt/~ØØ~Ø¢tl¢t/~14tý/
(2) Vacancies which occur because of
resignation, removal, or expiration of a term shall
be filled with a new appointment or reappointment
pursuant to policies of the City Commission and
requirements of Subsection (~n)(l).
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
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
- 6 - Ord. No. 19-95
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COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF MARCH 21, 1995
11. Comments and Inquiries on Non-Aqenda Items from the Public -
Immediately followinq Public Hearinqs.
11.A. City Manager's response to prior public comments and
inquiries. None.
11.B. From the Public.
11.B.1. Mr. Keith Jones, 210 S.E. 4 th Avenue , who stated that
he has a problem with a neighbor who has put up a fence on
property adjacent to his home. He feels the fence is a hazard
since it obstructs his view when backing out of his driveway, it
blocks his view in general, and is unattractive and poorly
constructed. Mr. Jones stated he has discussed the situation
with various staff members and filed a complaint with code
enforcement, but has yet to hear anything. He distributed
pictures showing the condition to the Commission. Mayor Lynch
advised Mr. Jones that a staff member would be in touch with him
to discuss the situation.
ll.B.2. Helen Coo?ersmith expressed .her thanks and appreciation
to everyone from the City who had called and sent cards to her
during her recent illness.
ll.B.3. Sandra Almv commented on the unsightly appearance of
Atlantic Avenue on the Sunday following the St. Patrick's Day
parade on Saturday, March 18, 1995. There was everything from
beer cans and bottles to paper products, and she felt it was
embarrassing to walk along the road in that condition. Ms. Almy
suggested that a policy be developed and adopted to address the
prompt cleanup after events such as the parade.
FROM THE COMMISSION
NOTE: From discussion on Item 9. K. , Bid Award/Professional
Sound Services, Inc. , Mayor Lynch asked for information
concerning the City's policy on bid bonds.
13. Comments and Inquiries on Non-Aqenda Items.
l3.A. City Manaqer. No comments.
13.B. City Attorney.
The City Attorney provided an update in regard to the
Lakeview Golf Course property. From recent conversations with
David Schmidt and Nancy Stroud, she was informed that Mr. Murray
recently passed away. They are requesting that the City take no
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action until after a meeting of the shareholders which is
supposed to take place on April 10, 1995.
Mayor Lynch commented that the Commission had agreed to
delay action on the rezoning action to wait and see if Mr.
Murray's health was going to improve. In view of the
circumstances, he asked if the Commission would want to go ahead
and follow through with the rezoning probably sometime in May,
1995, if we have not heard anything more from them by that time.
That would give them about a month from their meeting to get back
to us. The Commission concurred.
13.C. City Commission.
13.C.1. Dr. Alperin had no comments.
13.C.2. Mrs. Smith commended the residents of Lincoln Park and
their president, Carolyn Holder, for their support of the
proposed permanent closure of S.W. 9th Avenue. They had a good
turnout at last night's Planning and Zoning Board meeting and are
an excellent example of how a neighborhood can work together.
Mrs. Smith commented that the beach restoration federal
funding seems to be a little "iffy" , and asked if the City was
looking into any other approach in the event we don't get the
money?
In response, the City Manager stated that we follow
other technologies that are being tried in order to try to find
other solutions. What we have been told so far is that the
funding would continue for the authorized life of the project,
which is fifty years from the date that restoration was first
started, so it runs until 2020 something.
Mayor Lynch noted that the Palm Beach County Tourist
Development Board has also been discussing this item. The
Beaches and Shores Department of the County has been looking at
reefs and doing some experimental testing in West Palm Beach.
Also, they are working with Florida Atlantic University to see
what other approaches are being used around the world for beach
erosion. Further, Florida House Representative William Andrews
is also working on a snorkeling reef for Delray Beach which would
have some effect on erosion.
Mrs. Smith expressed her appreciation to staff for all
of the work they put into to the recent annexation effort.
Mrs. Smith commented that the blue building out on Lake
Ida Road at N.W. lOth Avenue has more graffiti. She suggested
that if the owner is having difficulty getting the same color
paint, maybe they can change the color.
13.C.3. Mr. Ellingsworth commented that on Old Germantown Road
going west off of Congress Avenue, there is a sign indicating
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22nd Avenue with a "T" . The problem is that the "T" points to
the parking lot of the Office Depot or The Arbors development,
and people looking for 22nd Avenue inadvertently are turning into
the parking lot. He asked if the sign could be moved another 100
to 200 feet, it would be closer to 22nd Avenue.
Mr. Ellingsworth expressed his thanks and appreciation
to everyone for the cards, flowers and many phone calls which he
received during his recent recovery from surgery.
13.C.4. Mr. Randolph asked if the promoter for the tennis
stadium has made any announcements concerning any upcoming shows
or concerts?
The City Manager stated he was not aware of anything,
but would get a report to the Commission.
Mayor Lynch interjected that he believes the promoter
has arrangements for an event on May 13, 1995, or at least is
working on it.
13.C.5. Mayor Lynch reported that the Palm Beach County
Municipal League will meet in the City Commission Chambers on
Wednesday, March 22nd at 10:30 a.m., with a luncheon to follow at
the Tennis Center, and invited members of the Commission to
attend if they would like.
Prior to adjournment, the City Manager reported that he had
met earlier today with representatives from the Solid Waste
Authority. It is his understanding from this discussion that the
transfer station in Delray Beach handles more tonnage than any
other station in the County, yet it is on one of the smallest
sites. It is severely overloaded and it can't really be
expanded. They asked what we thought about the Solid Waste
Authority building a new transfer station somewhere else in South
County and closing this one down, and also about potential sites
in Delray. The Manager reported that he had told them we would
be glad to see the existing station closed down and that there
may be some possible sites along Congress Avenue, but they would
probably have difficulty getting the acreage they want in Delray.
It was also suggested that the Solid Waste Authority approach
Boca Raton on this matter. Since Boca still collects their own
garbage, they would be the most directly affected by the
increased costs that would result from moving the station to a
site further west.
On question from Mayor Lynch, the City Manager stated
the representatives did not talk about any definite time frames,
but this is an old station and their maintenance cost alone this
year for it is $800,000.00. They also have some problems with
the building meeting code.
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It was the consensus of the Commission that they would
be in favor of the existing transfer station closing down as soon
as possible.
As a final item, the City Attorney requested the
Commission's authorization to sign releases and documents with
respect to settlement of the three lawsuits approved for
settlement on tonight's agenda ( Item 9. G.) . By consensus, the
Commission authorized the City Attorney to sign all necessary
releases and documents.
There being no further business, Mayor Lynch declared
the meeting adjourned at 8:50 p.m.
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