Loading...
10-04-94 Regular , . - . DElRA' BE~CH ¡ , .., . , CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING bad All-America City OCTOBER 4, 1994 - 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 acti- vity conducted by the City. Please contact Doug Randolph 243-7127 (voice) , or 243-7199 ( TDD) , 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices available for meetings in the Commission Chamber. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations) . The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2 . SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. . . . APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City will neither provide nor prepare such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. rn Ayo,e. - ADD q .c,. / LDi2- /fmE/l D rn £/) T Action: Motion to Approve. Cm - N,oTé. Fro OEf) () U/Y1 '8'.:T. Q. 5. Approval of Minutes: None D£~ i.A. +0 1°11'6 6. Proclamations: ./A. Domestic Violence Awareness Month - October, 1994 /B. Fallen Firefighters' Memorial Day - October 9, 1994 /C. Fire Prevention Week - October 9 to 15, 1994 .I'D. National Character Counts! Week - October 16 to 22, 1994 E. Heritage Month - October, 1994 F. City Government Week - October 23 to 29, 1994 7. Presentations: A. Tennis Center Patrons Program - Matt Gracey 8. Consent Agenda: City Manager recommends approval. A. RATIFICATION OF SCRWTD BOARD ACTION: Ratify action of the South Central Regional Wastewater Treatment and Disposal (SCRWTD) Board action of September 22, 1994, to approve Proposal A Organization with modification that Legal Counsel be shown directly responsible to the Board; and Consultants, Engineers, and Auditors be responsible to the Executive Director. B. LOBBYING SERVICE AGREEMENT/KATHLEEN E. DALEY & ASSOCIATES, INC: Consider an Agreement for Lobbying Services with Kathleen E. Daley and Associates, Inc. in the amount of $52,800.00 for the period 10/1/94 through 9/30/95, with funding from City -2- . . Commission Other Contractual Services (Account No. 001-1111-511-34.90) . C. AUTHORIZATION FOR BUDGET TRANSFER: Authorize transfer of $8,489.00 from the 1991 Water and Sewer Revenue Bond Interest Earnings (Account No. 447-0000-361-10.00) to the Enclave Water/ Sanitary Sewer Phase I and II (Account No. 447-5167-536-60-31) to fund deficit balances in the Revenue Bond Fund. D. ACCEPTANCE OF DEEDS: Accept an easement deed and warranty deed for installation of a water and sewer line as well as a lift station on the Blood's property. E. REPLAT/WALLACE DODGE TRACTS D & E: Approve replat of Tracts D & E, Wallace Dodge, located at the northwest corner of S.W. 10th Avenue and Linton Boulevard. JF. AGREEMENT FOR DISC JOCKEY MUSIC AND STAFFING SERVICES/TEEN DANCES: Approve an agreement with Stuart Schurman and Barbara Pierce ("The Hop") to provide disc jockey music and staffing for a teen dance program at Pompey Park. G. CHANGE ORDER NO. 7/AMERICAN LIGHTING MAINTENANCE , INC. : Approve deduct Change Order No. 7 in the amount of $11,376.55 to the contract with American Lighting Maintenance, Inc. for the Swinton Avenue Beautification Project. H. RESOLUTION NO. 79-94: Approve a resolution assessing costs for abatement action required to pump and fill an abandoned septic tank located on Lot 19, Block 2, Atlantic Park Gardens (vacant property on S.W. 13th Avenue) . 1. RESOLUTION NO. 81-94: Adopt a resolution requesting the Division of Forestry, Florida Department of Agriculture and Consumer Services, to provide the City with the services of an urban forester. J. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - to Kexlex, Inc. School Bus Service for Parks and Recreation Department programs (after school, Rocks football, and summer day camp) , at an estimated annual cost of $40,000.00, with funding from various accounts identified on the attached memo random from the Parks Department. a. Sft.- Q OOÛìOu.m ~ 9. Regular Agenda: A. CHANGE ORDER NO. l/FLORIDA DESIGN CONTRACTORS: Consider Change Order No. 1 in the amount of $10,530.00 and a 90 day extension to the contract with Florida Design Contractors for additional work associated with the new Golf Course Production Wells #35 and #36, with funding from the 1993 Water and Sewer Revenue " Bond - Golf Course Wells (Account No. 440-5179-536- 63.52). -3- . , B. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a resident member to the Delray Beach Housing Authority for a four year term ending July 14, 1998. Q.. mA-Lfoe.-'S :I+E:nì e£ I.....DF2- AmEnDmEfìr (4-o +0 d,'~f:c+ P+-2 ) 10. Public Hearings: -fo Rev¡"e.«.J jt':tt!ommElJtJ A. ~INANCE NO. 80-94: An ordinance amending Section 51. 70, "Regular Charges Levied", of the City's Code ·to provide for an increase in the rates charged for garbage, recycling and trash services provided to residential and commercial customers. 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: vi. ORDINANCE NO. 71-94: An ordinance amending Section 52.34, "Water Rates", of the City's Code to provide for an increase in the charges for water service. If passed, public hearing on October 18, 1994. ß. ORDINANCE NO. 72-94: An ordinance amending Section 53.130, "User Charges i Wholesale Sewer Rates i Calculation of Sewer Surcharge", of the City's Code to provide for an increase in the charges for sewer service. If passed, public hearing on October 18, 1994. ~. ORDINANCE NO. 81-94: An ordinance amending Chapter 117, "Landlord Permits", of the City's Code to provide for an increase in the permit fee, adding certain clarifying language, and amending certain language to reflect correct code references. If passed, public hearing on October 18, 1994. J.6. ORDINANCE NO. 83-94: An ordinance amending Ordinance No. 20-94 which established the Kids and Cops Committee by amending Section 2. thereof to provide for such other representation on the committee as the City Commission may deem appropriate. If passed, public hearing on October 18, 1994. vi. ORDINANCE NO. 84-94: An ordinance enacting revisions to Chapter 53 of the City's Code regarding sanitary sewers. If passed, public hearing on October 18, 1994. 13. Comments and Inquiries on Non-Agenda Items. A. Commission B. City Attorney C. City Manager -4- '. - . , . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 4, 1994 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE: 8.J.2 Bid award - for demolition of the lift station - as part of the Veterans' Park Phase II project. , . r/,/ L 1 {j ! [ITY DF DELRAY BEA[H OELRA Y BEACH f ( " . r n . Cé,>~H.·~ 8::AC¡""¡ ~ ~:,,=..;r"~,.::. -.;..:,;¡..¡..¡ ._~_11 100 '\j W, ìs: ~\j:::!\JUE AI~America City \ III I! PROCLAMA TIO.''/ 1 qq 3 WHEREAS, the month of October has been designated as National Domestic Violence Awareness Month; and, WHEREAS, Aid to Victims of Domestic Assault (A.V.D.A.) has served as an emergency shelter for women and children that are victims of domestic violence in the City of Delray Beach; and, WHEREAS, A.V.D.A. has provided emergency assistance for crime victims; and, WHEREAS, A.V.D.A. has provided emergency assistance for 615 homeless victims; and, WHEREAS, A.V.D.A. has served 540 individuals during the year of 1993-1994; and, WHEREAS, A.V.D.A. has provided information, referrals, and crisis counseling for 5,123 individuals during 1993-1994; and, WHEREAS, A.V.D.A. has provided community education for 1,920,191 individuals for 1993-1994. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 1994 as DOMESTIC VIOLENCB AWARENESS MONTH in Delray Beach, Florida, and urge all citizens to participate in the month-long activities and commend A.V.D.A. for their supportive services in assisting victims of domestic violence and recommence their lives. 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 4th day of October, 1994. MAYOR THOMAS E. LYNCH SEAL I b .A THE EFFORT ALWAYS MATTERS ( 1< é" ) . '. f I [ITY DF DELRAY BEA[H DElRA Y BEACH ~~~1Ì ifiir PROCLAMA TION 199 J WHEREAS, Fire Departments across the nation are being encouraged to participate in observance of Fallen Firefighter Memorial Day; and, WHEREAS, this observance for fallen firefighters began in 1981 with the dedication of the Fallen Firefighters Memorial on the grounds of the Federal Emergency Management Agency's National Emergency Training Center in Emmitsburg, Maryland; and, WHEREAS, the observance is held to increase public awareness of the hazards faced by firefighters, as well as to honor and commemorate the seventy-seven United States firefighters who lost their lives in the line of duty in 1993; and, WHEREAS, all fire departments are invited to participate in a program of nationally coordinated memorial events to culminate national Fire Prevention Week; and, WHEREAS, State and local governments and fire agencies are encouraged to lower the U.S. flag to half-mast, sound a siren for 10 seconds at noon (EST), wear "sorrow" bands on uniforms or any recognition deemed appropriate and proclaim October 9, 1994, Fallen Firefighters Memorial Day. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 9, 1994 as FALLEN FIREFIGHTBRS MEMORIAL DAY in the City of Delray Beach, Florida, to help increase public awareness of the hazards faced by Firefighters as well as to honor and commemorate the seventy-seven United States firefighters who lost their lives in the line of duty in 1993 by flying the flag at half-mast at all City fire stations. 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 4th day of October, 1994. MAYOR THOMAS B. L mCH SEAL . THE EFFORT AL'I'JAYS MATTERS ~. B · rf l ì [2- ~ [ITY DF DELIAY BEA[H DElRA Y BEACH .~*~ 100 ~'J IN lji A'Jt::\rut: J::_~"':"/ 3::...'"C:---J ":'_J~ S":" 33444 AI~America City , III I! PROCLAMA TIOe" 1993 WHEREAS, the Great Chicago Fire of October, 1871, claimed the lives of 240 persons, and the Peshtigo, Wisconsin fire at the same time claimed another 800 lives; and, WHEREAS, from these fires we learned the need to prevent fires, instead of concentrating only on extinguishing them; and, WHEREAS, President Woodrow Wilson declared the first Fire Prevention Day; and, WHEREAS, President Warren Harding proclaimed the first Fire Prevention Week; and, WHEREAS, the Delray Beach Fire Department challenges every man, woman, and child living in the City of Delray Beach to take a short period of their time to implement a plan for fire survival and escape from their place of residence and business. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of October 9 through October 15, 1994, as FIRE PREVENTION WEEK in the City of Delray Beach, Florida, commemorating the 72nd Anniversary of President Harding's Proclamation; and urge all the citizens of our community to join with me in conducting and following good fire safety habits all year, not just during Fire Prevention Week. 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 4th day of October, 1994. MAYOR THOMAS E. LYNCH SEAL \ ~.C Tu<= F<=<=f'\OT AI '.'fAY<:: M ATT<=O<:: " :f( [I- I [ITY DF DELRAY BEA[H DELRAY BEACH f l 0 ~ I D . ~*A '00 \~'.'¡ . . ÄJ::.\¡UE ,)~:...-"::¡,,-\ ;...:..; ,-l"¡J mr PROCLAMA TION 1')gJ WHEREAS, the next generation will be the stewards of our communities, nation, and planet in extraordinarily critical times, and the present and future well-being of our society requires an involved, caring citizenry with good moral character; and, WHEREAS, people do not automatically develop good moral character; conscientious efforts must be made to help young people develop the values and abilities necessary for moral decision making and conduct; and, WHEREAS, effective character education is based on the core ethical values which comprise the "six pillars of character" and form the foundation of democratic society: Trustworthiness, Respect, Responsibility, Fairness, Caring, and Citizenship; and, WHEREAS, a national partnership of organizations involved in the education, training, or care of over 25 million young people have joined in a collaborative effort called the CHARACTER COUNTS COALITION, and adopted these consensus core ethical values; and, WHEREAS, the character and conduct of our youth reflect the character and conduct of society; every adult has the responsibility to teach and model the core ethical values, and every social and governmental institution has the responsibility to promote the development of good character; and, WHEREAS, character education is, first and foremost, an obligation of families; it is also an important obligation of governmental entities as well as schools, businesses, faith communities, and youth and human service organizations; and, WHEREAS, businesses large or small, in the public or private sector, will benefit from a work force that manifests the six core ethical values. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 16, 1994 through October 22, 1994 as "NATIONAL CHARACTER COUNTSI WEEK" in Delray Beach, Florida, and encourages all citizens, corporate and individual, to model these traits of good character in an ongoing commitment to promote character development and ethical behaviour in the youth of our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 4th day of October, 1994. MAY 0 R THOMAS E. LYNCH toD Tuc F:::Cr\QT Ai '~![\VC Mi\TTCC'C' " ('/\ ti'- i [ITY DF DELAAY BEA[H OElRA Y BEACH _~'*~IJIÎ c -l"¡"¡ AI~America City \ , II t~ PROCLAMA TION \9'1\ WHEREAS, from its pioneering days Delray Beach has attracted a variety of ethnic groups who have helped to shape our City; and, WHEREAS, Delray Beach wishes to recognize the growing imprint of its ethnic diversity on our historic environments and way of life; and, WHEREAS, historic preservation in our community is enhanced by embracing the vitality of diverse people and cultures; and, WHEREAS, in order to foster appreciation of cultural diversity, Delray Beach celebrates Heritage Month; and, WHEREAS, "Heritage Month ... . a community responds to its cultural diversity" is of special interest to the citizens of Delray Beach. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of October, 1994, as "HERITAGE MONTH .... a community responds to its cultural diversity" in the City of Delray Beach and urge all citizens to join in the celebration of the historical and cultural heritage our City so enjoys. 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 4th day of October, 1994. MAYOR THOMAS E. LYNCH SEAL I 0'£ T...." E~C:"PT AI ¡J, \1 M ~TTC:::O~ ! l-I\ 0' í [ITY DF DELAAY HEREM DELRA Y BEACH ~(*~1Î 1QO\i.',N 1jr A'iE\jLJE L)f:'-~;'Y 8E4\:H ;::::';_081::;"':" ~':"¡j"¡ AI~America City '1 !II! PROCLAMA TION 1993 WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and, WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and, WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and, WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and, WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and, WHEREAS, the Governor and Cabinet of the State of Florida have set aside this week to recognize and honor the efforts of city governments. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 23, 1994 through October 29, 1994 as CITY GOVERNMENT WEEK in Delray Beach, Florida, and encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated and encourage educational partnerships between city government and schools. 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 4th day of October, 1994. MAY 0 R THOMAS E. LYNCH SEAL I ~.r Tw!:' ECC"PT AI 'i',¡ð,vr..:: M .ó,TT¡::::PC: , , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM fl: ~A - MEETING OF OCTOBER 4. 1994 RATIFICATION OF SCRWTD BOARD ACTION DATE: SEPTEMBER 29, 1994 This is before the Commission to ratify an action of the South Central Regional Wastewater Treatment and Disposal (SCRWTD) Board on September 22, 1994, by a vote of 7 to 3, to approve Proposal A Organization with modification that Legal Counsel be shown directly responsible to the Board¡ and Consultants, Engineers, and Auditors be responsible to the Executive Director. The action also includes changing the position shown as Secretary to Administrative Assistant I, and Bookkeeper Assistant to Administrative Assistant II. Recommend ratification of the SCRWTD Board action. ref:agmemo2 . · RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWA TER TREATMENT AND DISPOSAL BOARD ACTION OF SEPTEMBER 2-2, 1994 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on September 22, 1994, by a vote of 7-3, approve Proposal A Organization with modification that Legal Council be shown directly responsible to the Board; and Consultants, Engineers, and Auditors be responsible to the Executive Director. The Position shown as Secretary be changed to Administrative Assistant I and Bookkeeper Assistant be changed to Administrative Assistant II. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , _, by a _ vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney '. . . .- POSITION DESCRJ1>TION (ADMINISTRATIVE ASSISTANT I) SECRETARY , Proposal A '-" Job Title: Secretary (Admin:i.strative Assistant 1) Reports To: (Job Title) ~ - Executive Director Supervises Directly: (Job Titles + # Employees) - N/A Supervises Through Subordinates: - N/A Purpose for the Position: Trus is responsible administrative work in recording and maintaining all official records of the Board and recording actions of the Board. : \Vork is carried out with established policies and under the general supervision of the Executive . Director. Performs clerical and secretarial support functions for Executive Director, the Board, and other departments as needed. .., . "".0 ,. . . . - . . . . . ~ -, (ADMINISTRATIVE ASSISTANT I) SECRETARY (continued) Essential Responsibilities: 1. Maintains all nonfinancial Board records. ~,' 2. Types and revises material such as correspondence, statistical tables, Board minutes, ratifications, and regulatory reports. 3. Attend all official meetings of the Board in person and keep minutes of its proceedings. 4. Transcribe and distribu~e correspondence f0t: Executive Director and other departments as needed. 5. Schedule meetings, answer telephones and manage filing system. 6. Sorts and distributes mail. . 7. With the assistance of Department Managers, type weekly work schedule. 8. Acts as receptionist and receives materials delivered to office. 9'. Furnish the Board, at any time, such reports, data and information as may be necessary to fuIIy inform it as to the affairs of the Board. 10. Direct telephone inquiries to appropriate personnel. 11. Reads instructions accompanying material, or f01l0ws verbal instructions from supervisor of person requesting document, to determine format desired, number of copies needed, priority, and other requirements. 12. Performs other job related work as assigned. . . - . . .. or '. t , , .... - . .. POSITION DESCRll'TION FISCAL ADMINISTRATIVE ASSISTANT , : Proposal A ,J Job Title: Fiscal Administrative.Assistant Reports To: (Job Title) '. - Executive Director Supervises Directly: (Job Titles + # Employees) - Bookkeeper Assista.nt (1) (Administrative Assistant II) · Supervises through Subordinates: : N/A - Purpose for the Position: · This position is responsible for the direction and coordination of the financial affairs of the Board, including investing, bi11ing, accounts payable/receivable and weekly payroll activities. . This position is also responsible for maintaining the general ledger and assists in preparation of · the financial statements to provide management with accurate information regarding the financial position of the Board and to satisfy the requirements of the appropriate regu1atoI)' agencies. Maintains personnel records. In conjunction with the above to be responsib1e for the coordination of the purchasing activities of the Board. . " ! - '. :.~ . , " .: ". . -. . FISCAL ADl\1INISTRATIVE ASSISTANT (continued) Essential Responsibilities: , 1. Provides Executive'Director with reliable reports on the current financial position '..~ by maintaining appropriate accounting systems enabling timely and accurate preparation of financial statements. 2. Participates in controlling capital and operating costs by assisting in the preparation of budgets and reporting budget compliance information and cumulative project cost data to the appropriate department personnel. 3. Oversees and maintains all the General Ledgér Systems and Schedules, including Accounts Receivable. Accounts Payable. Balance Sheet and Chart of Accounts. Reconciles bank statements. 4. Responsible for account transfers and investments. 5. Types vouchers. invoices, account statements, reports. etc. using the computer. 6. Verifies and posts details of cash receipts and disbursements. using a computer. 7. Updates the inventory schedules of the Repair and Replacement Fund based on original purchase price. life expectancy. changes concerning the assets. and other significant information. 8. Must collect and verify accuracy of all employees' time sheets. and submit the same in a timely manner. 9. Enters approved budget changes or transfers into the computer. 10. Prepares all payroll related reports/tax returns and deposits. 11. Maintains all schedules pertaining to employee compensated absences. . 12. Responsible for completing the standard accounting procedures checklist by the 21 st of each succeeding month. 13. Provides all information for the auditors quarterly and annual review in a complete and timely manner. 14. Keeps record of insurance coverage and pension plan and assist in the coordination and processing of insurance claims and respond to inquiries from outside agencies and Board personnel. 15. Performs other job related duties as assigned. -' . . .. .' ~ - , ~ . r: 1: -.- ~ '.'- . ~'. :i_ '¢ , ; '. . POSITION DESCRIPTION (ADMINISTRATIVE ASSISTANT II) DOOKIÅ’EPER ASSISTANT Proposal A ".~ Job Title: Bookkeeper Assistant (Administrative Assistant II) . Reports To: (Job Title) - Financial Assistant (F i sea 1 Adm i'h i s t rat i v e Ass is tan t ) Supervises Directly: (Job Titles + # Employees) - N/A Supervises through Subordinates: - N/A Purpose for the Position: This position incJudes payroll input and the processing of invoices payable to the Board and assures that checks are printed. Responsible for coding and bank depositing of Board's payments. Compilation of monthly statistical information maintaining accounting records. - ° , .. ~. ..: 0' OJ I 1 , .. :~~ " '" f . . _.. .,. . '" . ."" ..-- . .. . (ADMINISTRATIVE ASSISTANT II) nOOKTÅ’EPER ASSISTANT (continued) Essential Responsibilities: 1. Reviews invoices for necessary approvals upon receipt, returning to responsible party if '.,1 payment approval is needed. Date receipt of approved invoices prior to processing. 2. Verifies invoices for accur~cy of computations, balances brought forward, etc., and calculates any applicable discount, contacting vendor for reconciliation or correction, if necessary. Assigns code from the Chart of Accounts. 3. Transfers data from invoices and payroll data into computer. 4. Verifies time slips for accuracy and transfer åata input to computer. 5. Fi~es completed paperwork. 6. Upon receipt of printed check, obtain required signatures for forwarding check, voucher and invoice to approved signors. 7. Prepares cash disbursement report listing expenditures. 8. Answers queries from vendors and management regarding payments due, resolving any problems or referring to supervisor. 9. Balances aU payments to billings and prepares bank deposit tickets. Assigns code trom Chart of Accounts. 10. Makes all Board bank deposits. 11. Performs other job related duties as assigned. -- . .. ; . ,. ;- , , . , , '. r') ('II I-OI-<t...J - ('II It) o.,¡. ._ ('II Q ¡r'~''I!~ . ,,¡!,. ~,)ìJ!í~ ~ ;¡ ',:~' il'j ...J ~ I-"'~ W-I..J 0 ~ :~ zww m ....J ." ' .' " . ~ 0:: ZZZ...J ::¡;,' o OzZw ..J CI) :'ii I- (/)ogz <{ ð ;~ o O::(/) Z en u i~ ~ UJo::O::ó " Cl.WW 0 ..J ':' Õ...JWo..o..~ ~ t~ a.. ~~. UJ 0 (/) >- w en ~ ;~~ ~Z2:za::a. zffioO C ," :)g ¡::~g Q oa::l-~ 0 Z UJUJZWO~ <{ ~a.~~~LL I- Z Z W 0 :E ~~ I- L5 ·MO. en _ Q~Z 0:: I- wo::<{ 0:: enwC) w SmO:: I- WOO Æ O::l-tL 00 -- OI- l- 0:: en <{ ~ :x: 0 ..J <{ I z º ,,_ I ~ .-.. '. W í 0:: ..J g Z W 0 :t I- ::> 0 en ! L_ " . . ¿/( [1> } [ITY DF DELIAY BEA[H DELRA Y BEACH DELRAY BEACH, FLORIDA 33444 407/243-7000 F LOR I [) A 100 NW, 1st AVENUE . . ........ AII·America City MEMORANDUM " II I!To, David T. Harden, City Manager 1993 v!Robert A. Barcinski, Assistant City Manager FROM: SUBJECT: AGENDA ITEM # ð'B CITY COMMISSION MEETING 10/4/94 APPROVAL LOBBYING SERVICE AGREEMENT DATE: September 27, 1994 ACTION city Commission is requested to approve the "Agreement for Lobbying Services" with Kathleen E. Daley and Associates, Inc. in the amount of $52,800. Funding to come from City Commission Other Contractual Services account #001-1111-511-34.90. Period of the agreement is one year, from 10/1/94 through 9/30/95. BACKGROUND 'l'hlS agreement is for lobbying services which include development of a legislative program for the City's attendance and representation at state House and Senate meetings, as may be needed, as well as, committee meetings, monitoring of all legislation affecting municipalities at the Federal, State and County level, and other such services as may be needed. The lobbyist will make regular oral and written reports on the status of legislation to City Commission. The base fee of the agreement il $4,000 per month, with an additional amount of $4,800 for the year, for reimbursable costs, i.e. , travel, lodging, food, telephone, and photocopying. The total contract amount is not to exceed $52,800. Ms. Daley will also be providing assistance to the CRA and SCRWTD Board. The CRA will reimburse the City $12,500 and the SCRWTD Board $5,000 for services provided. RECOMMENDATION Approve the proposed agreement with Kathleen E. Daley and Associates, Inc. in an amount not to exceed $52,800, with funding to come from account code #001-1111-511-34.90. RAB:kwg File:grahamkw/Agenda Doc:1004DOC.00l ® Ponied on f1Ðcyrled Paper THE EFFORT ALWAYS MATTERS " . . Kathleen E. Daley & Associates, Inc. C;O\I:R'\\W\T\L\ 1'1 .\iRS AGREEMENT FOR LOBBYING SERVICES As Governmental Affairs Consultant/Lobbyist for the City of Delray Beach, I, Kathleen Daley, an equal partner of Kathleen Daley & Associates, Inc. , a public relations/political consulting/governmental affairs firm, will continue to represent the interest of the City before the Governor and Cabinet, State agencies, and the Florida Legislature, which representation would include attendance at all necessary House and Senate committee meetings during each calendar year, necessary delegation meetings, as well as the regular session and any relevant special sessions of the Florida Legislature, and continue to monitor all legislation affecting municipalities on behalf of the City of Delray Beach. As Governmental Affairs Consultant/Lobbyist for the City of Delray Beach, and managing partner of the account, working in conjunction with the Delray Beach City Council, the Delray Beach City manager, and other such staff persons within the City Administration as they are related to my duties on behalf of the City. I will make myself available to the above-mentioned persons and offices on both regular and "as needed" bases for the meetings and discussions related to my duties on behalf of the City. It is submitted that my services would be initially contracted for a period of one ( 1 ) year from October 1, 1994 to October 1, 1995, to be reviewed for renewal by the Commission at 1 One Capitol Place . 108 East Jefferson Street, Suite C · Tallahassee, FL 32301 (904) 222-0000 . Fax: (904) 222-0095 , . . the end of said period. Kathleen Daley & Associates, Inc. is willing to undertake the foregoing representation on the following basis: 1. Kathleen Daley & Associates, Inc. will be paid a retainer in the total amount of $48,000.00 for the contracted period due in twelve (12) equal monthly installments payable by the 30th of each month beginning in October of 1994. 2. In addition, Kathleen Daley & Associates, Inc. will be reimbursed for all vouchered out-of-pocket expenses, up to a maximum amount of $4,800.00 incurred by me when such expenses are in conjunction with City business. Such expenses included, but may not be limited to: lodging, transportation, meals, long distance telephone, photocopying, postage, etc. It should be noted that some such expenses may be pro- rated on an "as used" bases and partially absorbed by other clients of Kathleen Daley & Associates, Inc. who may require service concurrent with the City of Delray Beach and incur some expenses such as lodging and transportation concurrently with the City. 3. Reimbursement for expenses in excess of $4,800.00 will only be after being reviewed and expressly approved by the City Commission. Expenses for recommended promotional items and events relating to my duties on behalf of the City, such as printed collateral materials and specific entertainment and/or educational events, will be subject to approval by the City Manager and payable by the City as additional expenses. 4. Any additional "special project" work which may be 2 . . . requested at any time by the City Commission or the Office of the City Manager, and which falls outside of my realm of duty as Governmental Affairs Consultant/Lobbyist for the City, will be contracted for separately and on a special project bases. 5. Either the City of Delray Beach or Kathleen Daley & Associates, Inc. , may terminate this agreement at any time, pursuant to the following: (i) If terminated by the City Delray Beach at any time during the contracted period, for other than good cause, Kathleen Daley & Associates, Inc. will retain the total amount of $48,000.00, plus Kathleen Daley & Associates, Inc. will be reimbursed by the City for any vouchered out-of-pocket expenses incurred up to the date of termination subject to the provisions of paragraph two (2 ) of this Agreement. (ii) If terminated by the City of Delray Beach at any time during the contracted period, for good cause, Kathleen Daley & Associates, Inc. will retain a pro-rated to-date portion of the total amount of $48,000.00, plus an amount equaling the total of any out-of-pocket expenses incurred up to the date of termination subject to the provisions of paragraph two (2 ) of this Agreement. Good cause shall include but not be limited to the arrest of any of the principals of Kathleen Daley & Associates, Inc. and/or conduct by any of the principals of Kathleen Daley & Associates, Inc. which may subject the City of Delray or Kathleen Daley & Associates, Inc. to negative publicity which would hamper the effectiveness of Kathleen Daley & Associates, Inc. in fulfilling their obligations 3 . . under this agreement. (iii) If terminated by Kathleen Daley & Associates, Inc. at any time during the contracted period, Kathleen Daley & Associates, Inc. will retain a pro-rated to-date portion of the total amount of $48,000.00, plus an amount equaling the total of any out- of-pocket expenses incurred up to the date of termination subject to the provisions of Paragraph Two (2 ) of this Agreement. 6. This Agreement shall be executed as an original and three counterparts. WITRESSES: KATHLEEH DALEY & ASSOCIATES, IHC. xf=~d= By: ~~ ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to Form: 4 . . . Agenda Item No. ~13 AGENDA REQUEST Date: September 27, 1994 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 10/04/94 Descriptlon of agenda item (who, what, where, how much) : Approve the "Agreement for Lobbying Services" with Kathleen E. Daley and Associates. Inc. in the amount of $52.800. Funding to come from City Commission Other Contractual ~ices account #001-1111-511-34.90. Period of the Agreement is one year. from 10/01/94 through 9/30/95. ORDINANCE/ RESOLUTION REQUIRED: Y2S/NO Draft Attached: YES/NO Recommendation: Approve the proposed agreement with Kathleen E. Daley and Associates, Inc. in an amount not to exceed $52,800, with funding to come from account code #001-1111-511-34.90. Department Head Signature: ~o~A~d'''~~ 947);~ Determination of Consistency with Comprehensive Plan: d/A . City Attorney Review/ Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds) : Funding available: ~ NO Funding alternatives: (if~) Account No. & DeSCE.1.z.tion: WEDll- SJ I. 34-'1v orHEK Al- 5 V{; Account Balance: 5 ,gø City Manager Review: Approved for agenda: (j-s/ NO f¡v1 Hold Until: --...... Agenda Coordinator Review: j Received: Action: Approved/Disapproved 7 / / . · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # <lC - MEETING OF OCTOBER 4. 1994 AUTHORIZATION FOR BUDGET TRANSFER DATE: SEPTEMBER 29, 1994 This is before the Commission to authorize the transfer of $8,489.00 from the 1991 Water and Sewer Revenue Bond Interest Earnings (Account No. 447-0000-361-10.00) to offset deficit balances in Enclave Water and Sanitary Sewer projects, Phases I and II. The available uncommitted balance of $2,224.00 in Account No. 447-5175-536-60.31 (Enclave Water/Sanitary Sewer Phase II - Buildings) will also be used to help offset the project deficits as indicated on the budget transfer form, for a total transfer of $10, 713.00. The 1991 Water and Sewer Revenue Bond Fund is almost complete. $300,912.85 remains outstanding under contract as of September 22, 1994. The interest earnings account has a balance of $18,674.99. With the approval of this budget transfer, the balance is reduced to roughly $10,000.00. It is requested that the City Commission authorize the City Manager to approve future allocation of interest earnings from the 1991 Water and Sewer Revenue Bond Fund. Recommend approval of the budget transfer and authorization to the City Manager to approve future allocation of interest earnings. ref:agmemo6 . . . . City of Delray Beach Departmental Budget Transfer Period 1112 (1) DepertmentaI Un. Transfer (2) Date ~ppt"pmhpr 3D, IQ94 (3) Interfundllnt.rdepertmental Transfer (4) Batch Number (5) Requested By: Joseph Safford, Director of Finance ._-_. ) j II 6 ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN KXX 447-0000-361-10.00 Interest Earnings I 8,489 ~ x.x.»,}t}õx1}U)6}t}óX3}6}tJ6~xlxlx :tfx>ri~xÖXltXl}{lXix ~ ::>8 447-5175-536-60.31 Enclave Wtr/Sanit-Bld 2,224 KXX 447-5167-536-31.30 Enclave Wtr/Sanit-Eng 325 KXX 447-5167-536-60.31 Enclave Wtr/Sanit-Bld 9,638 )8 447-5175-536-31.30 Enclave Wtr/Sanit-Eng 750 :roxJ x.X.~}5XJX7»~}6X3XJ6XlX ~~~ ~ (10) TOTAL 10 713 10 713 JUSTIFICATION: To transfer monies needed to fund deficit balances in the 1991 venue Bond Fund before ear end Se tember 30 1994. $8,489.00 is needed from the interest earnings account to close out the deficit balances in the above projects. Approved by City Commission 1) ~3)~ , Asst City Manager City Mana (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORKiINAL-BUDGET CANARY-FILE PINK-DEPARTMENT . . . Agenda Item No. : fje AGENDA REQUEST Date: September 22, 1994 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: October 4 . 1994 Description of item (who, what, where, how much): Au1'f'f;7:>tt"'I ;<:f:I'>PfF51'fl 1'r,qnsfer $8,489.00 frcm the 1991 Water and Sewer Revenue Bond interest earnings accoun 0 ot set de ~c~ a ances m the Enclave Water and Sewer Sanitary proiect Phase I and II. The availablE! uncÅ“mitted balancE's in other pro ject account within the 1991 Water and Sewer Revenue Bond Fund will be uti 1 i 7.M to hp 1 P off<:pt the Enclave Water/Sanitarv Sewer projE'ct Ph~SE' T and TT ~s irlpntif;pn nn thø ,q1'1':>~høn hl1ngp1' 1'T~nçf~T form. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO ,Recommendation: AI~ri7.E' £:rlt~tpr~f $RJ1RQ~ 1'n ~ l1<:øn. 1',., 0r~'it- FTQ~~~t: dElfi~i. è~aRees m the 1991 Water and Sewer enue . thor~ze ture a locatlOn 0 ~nteres earmngs m t e 1991 Water and Sewer Revenue Bond Fund to be approved by the City Manager. This Bond Fund is alnDst cam>lete with $300,912.85 remaining outstanding under contract as of Septerrber 22. 1994. The interest earniæs account has a balance of S 18.674.99. (Example: Recommend appro ts Account No. 001-3333-555-44.55). Department Head Signature: City Attorney Review/ Recommend Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~ NO Funding alternative . (if applicable) Account No. & Description: 447-0000-361-10.00 Interest Earnings Account Balance: $18.674.99 City Manager Review: Approved for agenda: ~/ NO tM Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved , . t' . (\ U/t / [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 wr.1.t.er·. D.1.rect. L.1.ne DELRA Y BEACH (407) 243-7090 F LOR I [) A ........ AII·America City " II J! MEMORANDUM Date: September 30, 1994 1993 To: City Commission From: David N. Tolces, Assistant City Attorn~ Subject: Easement Deed and Warranty Deed for Utilities on Blood's Property The attached Easement Deed and Warranty Deed will provide the City with the property to install a water and sewer line as well as a lift station on the Blood's property. As part of the original purchase, the Bloods are required to convey these two deeds to the City. Acceptance of these deeds is recommended. Please call if you have any questions. DNT: srnk Attachments cc: David Harden, City Manager Sharon Morgan, City Clerk's Office go ® Printed on Recycled Paper · This instrument was prepared by and return to: David N. Tolces, Esq. 200 N.W. 1st Avenue Delray Beach, Florida 33444 WARRANTY DEED THIS INDENTURE, made this day of , 1994, between NORMAN W. BLOOD, JR.~unmarried widower, and NORMAN W. BLOOD, JR. , NORMAN W. BLOOD, III and JAMES D. BLOOD as Personal Representatives for THE ESTATE OF CAROLYN J. BLOOD, grantors*, whose post office address is 4482 Sanderling Lane, Boynton Beach, Florida, of the County of Palm Beach, state of Florida and the CITY OF DELRAY BEACH, a Florida municipal corporation of the County of Palm Beach, State of Florida, whose post office address is 200 N.W. 1st Avenue, Delray Beach, Florida 33444, grantee*. WITNESSETH that said grantors, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: DESCRIPTION That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the northwest corner of the plat of Foxe Chase, according to the plat thereof recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; Thence S.lo07'33"E., along the West line of said plat of Foxe Chase, a distance of 1433.79 feet; Thence S.88°52'27"W., a distance of 600.00 feet; Thence N.lo07'33"W., a distance of 40.00 feet to the point of beginning; thence continue N.lo07'33"W., a distance of 25.00 feet; Thence N.88°52'27"W., a distance of 25.00 feet; Thence S.lo07'33"E., a distance of 25.00 feet; Thence N.88°52'27"E., a distance of 25.00 feet to the said point of beginni~g. and the grantors hereby covenants with said grantee that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land; that the grantors hereby fully warrant the ti tIe to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. """Grantor and "grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, grantors have hereunto set grantors' hand and seal the day and year first above written. WITNESS #1: NORMAN W. BLOOD, JR. By: (name printed or typed) WITNESS #2: (name printed or typed) · WITNESS #1: NORMAN W. BLOOD JR., as Personal Representative for the Estate of Carolyn J. Blood By: (name printed or typed) WITNESS #2: (name printed or typed) WITNESS # 1 : NORMAN W. BLOOD, III, as Personal Representative for the Estate of Carolyn J. Blood By: (name printed or typed) WITNESS #2: (name printed or typed) WITNESS # 1 : JAMES D. BLOOD, as Personal Representative for the Estate of Carolyn J. Blood By: (name printed or typed) WITNESS #2: (name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of , 1994, by NORMAN W. BLOOD, JR. , and NORMAN W. BLOOD, JR., NORMAN W. BLOOD, III and JAMES D. BLOOD as Personal Representatives for the Estate of Carolyn J. Blood and who are personally known to me/or have 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 , , ... O-iOOCllr:U-iO O-i 0 -X~"TI' -mxo OX m CIImCII CÞzom:l C:Þ CII -iZ-i~CÞmo :I Z-i 0 :ÞO:ÞO 0 :u-vm -i :u zmz· 1JI0orz -<-V - o OO"'"TICII:ÞO .:þ -V mCllmo· -im :u-i "'ClIO "TI-i- 0-'0"TI~:Þ"TI-i:Þ r 0 "TIø"TIm:- :t-i 00 Z o m~o-vm :O"TI" ::,. ",~"'-i' :Þ:U-i - :--... IJI -IJI ~_-vrm::t OCII ~ . (0.1. -i r :I 0 'm :Þ m ,,, "- o (0.1 0 0 ,.. :Þ"TI . 0 '\1 ~ 0:0 -iCÞ Z -i \J\ II m -i q m :u 0 0 - . \>c '1' 'TI::t-o:Þm:u mo'- ~ ~l ITI· m 111 ~"TI 0 0 -i CII z hOc? cJ¿r "" m m :tox 0 . -iJ--i-V "TI :U~ :0'" .5.1113°5;1'2'7")« '1-.\ .. 0 0 0 0 m - IJI ( '\\ -iO -oxomCII CÞ· : O--izmmCO-i m ~ ~, CII:t-i Z O-i .... -i-im OO-i-O ' ¿, :t:Þzo~x-<zo :Þi ~~ t m~~"TIOI~' -v~ CIIi:; q~ ~ CIIm CÞom"TIrm "TI:t ~~ » CIImo- r:Þ:o 0- .. '''\.. ( - O· Ii>. 0 -i r -v ,,' _~ o "TI CÞ - 0 J-:O 0 r \1\ ~ CÞ Z 0 - CÞ"TI 0 ~ ~ '- 1\. -v '" 0 zoo 0 . 01 , ~:::... '\1 OIJlIJl-"TI-ÞO-i CII ' ~~ -. '" z m CII" "':t .. CII ~ "." ~ z 0 - Ii) m -i m 0 '~ 'II 110.. -iO"'··-i.:Þ-iw C t\. ~t;\ ~ .. Z :t m 1:1 -i ,~ \) O'I:-i om-r x '\.:'\t, 'TI m ~ X -i m Z:Þ - ( .\ h~ ITI· m::t o-v-i ~ m-i. zmom:Þ :u tI.. \),¡ m .. 0 Z "TI Ii) O:Þ ~ ~ . Ii> :Þmo CIIm"TI Z ~ -;:.:- I),~ z~oom~~CII"TI ~ ",'~ ~,~ z m - 0 z (0.1 .. -' 0 ~ \h ~\ '" -ZCIIZ' (0.10 X ~ 1 ~ ~ ~ zO-i-i-" ~J>om N ",' '\: G) m J>o - 0 ~ - Z ~.., ZZOlDtolOO m ~ ~ ~ ZOC~ toJ X:Þ .'-.. '\I , · m m -'11 : '" Þ CII 1):' ~~ m 10.1 m m CII -4 \ \. CÞ 0 Z (0.1 m· 0 m·" 1).' ~'~\ .. "TI' : -i. "TI." ...\ 1)1 ... ~ .. 'U \. ~ ' "'NO' :Þ-i:Þ:Þ \ ~ -1)10' -irXO r \. ". ",. ~ X 0 m ():I .\) ~ '- " ~O -Þmz 0 I\: ~ :010.1 ZG>-v:u m ~ '-'I 111 (0.100 CO m ,; ~ · "TI :-m-iCÞ- J>o , "- · m_(It :trz 0 m· ~ m-G):t \ '" Þ-i·)þ 0). , .. Z ~ -i I '" ~ ÞO m 0 '\.' " ., m ~ ~. ~ ~ ~ ~ ~ ~ ~ ~ ~~~ ~ \ , "'~,,~ ~ ~ ~ ~ ~ ~\ \)! ~~ ~ ' ~'~ ~ -. I", \I;; "" f)- ~ ,,: rrì> ~ :... tt trt e ,,~ v., . I t-:'" " ~ ~ ~ z .. ~ '\J~~ 8 " p'" \f'. ~ ,,~ ~ '<I z -... t'o.,," ) \ ~ !). '-' ~ ~I ~ ~ I ¡;; ~ ~ ~ '\' ~ _ ~,. ~,,~ '-., 1)~. !g ... '~ì ' '\.''-~ .. ",fit {) , ~~\ ':! i c" h ~ ~~:::... ~~, '\ o f! :e - "," ~ ì\ ." '\ ! ~ ~ ~ ~ ~ ~\ ~ ~ ~ ~ ~ i 0" "-. ~ ~ ~ ~ " ~ ~elø ~~ ~,,~ ~~ '" C· ~ "" "'~Å¡: ,\ ~ !! r- b ~ ",' ~ ): ", ~ ':\ ~ :II Þ .. \ ~ ~ 110..' ~ ~Z. ") ~ ~~ .~ ~.~~ ~ ~~ ~'I ,~~::" f) ; ;t z" :\;\ ~ --: ~ ~ Z _ ~ ~ ~c<~ ) v., ~ ~; !iJ W · \ 4:?'Af?--,,~ "'1 '- 6" ~~..... ./::: ~ \).\ ~ J> en . , 0::::;1~ c:::7 __..~ '- ' -Y.c:::> '..... ~ ~ '" . . Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this day of , 1994, by and between NORMAN W. BLOOD, JR., an unmarried widower, and NORMAN W. BLOOD, JR., NORMAN W. BLOOD, III, and JAMES D. BLOOD as personal representatives for THE ESTATE OF CAROLYN J. BLOOD, whose address is 4482 Sanderling Lane, Boynton Beach, Florida, party of the first part, and the CITY OF DELRAY BEACH, 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION That part of section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the northwest corner of the plat of Foxe Chase, according to the plat thereof recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; Thence S. lO07'33"E., along the West line of said plat of Foxe Chase, a distance of 1433.79 feet; Thence S.88°52'27"W., a distance of 600.00 feet; Thence N.lo07'33"W., a distance of 40.00 feet to the point of beginning; Thence continue N.lo07'33"W., a distance of 25.00 feet; Thence N.88°52'27"W., a distance of 25.00 feet; Thence S.lo07'33"E., a distance of 25.00 feet; Thence N.88°52'27"E., a distance of 25.00 feet to the said point of beginning. Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The part y of the first part also agrees to erect no building or effect any other kind of con- struction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS Itl: PARTY OF THE FIRST PART NORMAN W. BLOOD, JR. (name printed or typed) . WITNESS #2: (name printed or typed) WITNESS #1: NORMAN W. BLOOD, JR., as Personal Representative for The Estate of Carolyn J. Blood (name printed or typed) WITNESS #2: (name printed or typed) WITNESS 1/1: NORMAN W. BLOOD, III, as Personal Representative for the Estate of (name printed or typed) Carolyn J. Blood WITNESS *2\ (name printed or typed) WITNESS 1/1: JAMES D. BLOOD, as Personal Representative for the Estate of Carolyn J. Blood (name printed or typed) WITNESS *2: (name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of - , 1994, by NORMAN W. BLOOD, JR., and NORMAN W. BLOOD, JR., NORMAN W. BLOOD, III and JAMES D. BLOOD as Personal Representatives for the Estate of Carolyn J. Blood and who are personally known to me/or have 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 2 , .... .. - "1IO(l)O%(I)r;u-to o-t 0 O'TI' "/I' . -m:ro OX m - 00 ....oo%om:l C::Þ (I) %-101....00)1110 :I %-t 0 -tÞ- 0000 :U"1lm -t :u enUlO-lUlOOîZ -<"11 - O· N· -N'TI(I):ÞO ':Þ "11 'TIO -OW - -trrl ;:Q-t ,.Ol-)OWN(I)O "TI-t- 01 -I :-I:Þ'TI-tÞ î 0 m"TI :"11~:- :r-t 00 % Q IT! :€ 111' :€ 0 v III :u "TI .. - /1t. ''I -. Þ :0 -t - ¡(/. ø ø 0 c' L' 27"¿P %~. - . "1Irrrl:J: 0(1) '.7 . ~.. Þ .. Þ Þ ç:¡ ~ 111 ~ ~ 2tJ.cJ¿;J/ %-t -to ~OI % -t ~ Q:J:O:J:-O 111:00 0- . m-I1I(I)-o:Þ-rrl;:Q 1110 Z (I) Z -t (I) "/I 0 0 ~ (I) % ---- ,~ 7í 1 O-toÞ~ :J:O:J: 0 - rrI :Þ rrI % Þ TI :u :a: :0 N tP 00 ¿Jc:J' % O%OOOrrl -UI . zOZrrlO><Orrl(l) 01' ,C aø°j.-2'27"it<I · rrI· rrI rrI c: 0 ~ rrI /. (? . 00....0 % o-t ~ CD 0 0 TI 0 0 -t - 0 0 _~ °"110 "TI:r-<zo Þ:a: ~ ~ ~""~~Q}~'"1I~ (I)~ "\~ -NwcnOI1lTlrl1l 'I:J: ~).;:: NOW' o· r:Þ:o 0- .... ~ -I' :0· O-t r"1l ~ ' :O"'OO).:U 0 r- "1 0 . 0 - Å“ TI 0 þ- ~ t'o. · "1000 .en ~ · TI 111'I-ÞO-t (I) ). Þ ~ Þ ~ m ~ .. ~ ffi .. ~ ~~ \ -t 0 -. -t ). -I w C 0,' - % :J: CD "11 -t 1)..' - (I) -t -t 0 111' r :J: ~ '1" ::::... ") (I) -t -t :J: 0 m %:Þ . ~ ~~, ~ -t:J::ÞrrI Ov-t ~~ ~ »f11%z-tomÞ ;u ~ \~ ~ %%00:J:"11 1:>0 :Þ '" \....ì OOrrlrrlm (l)rrI"11 % ( '" ~" t), r/lrrl ..... (I) I:> "'~"\ \.' OZ"1l~.... TI f11 ~' V\ oen"11' Ow 0....0 ~ '" ~~~, .. "11' OO-WO >< ~ 0.. -\\ ~ ì ~ ....NOIZ· -¡Þm N ~ 1\ ~ N .. 0 .. -t -~ - % ,-" ~ "-'" ì o o. UI \0 wOO "1 "'\1\ \\, \) ~ :>. \ . -ION 0 W:J::Þ- .'N ::-. ~ o - 0 -"TI" : N :þ (I) '\ .... t'\'i o W I~ '" ," (I) ~ t-... ~ ~ ~ t'o.' W '11 -I (Ø 111· 0 111· 'In ~ '" ~ TI : 111 : III -t. "TI' ~ 'U 1\. "'- '0 \ In 111 f11111 Q .. v :-.. \ ~ '1 ~ 111' ~. - » -, :þ Þ I¡- 1):, ~ ~ I),. ~. ... %-tr:ro r, ~\~~ :., Z:J:OI11() :¡ }. r): ~ . " \.. -t þo -t Þ - 111 Z 0 \\ ''\ , '\ " '\ "'" ,\ ~ o :J: Z % Q v :u 01 ì ,. tù \, '\ o rrI 0 I:> 0 com" _~ 1\:'-' "\ ~ "- -t - z - ., m -t 01 - :Þ- yo. t\; ~ ~- I).. ~" 1\ :J: en 0 en :J: r % 0 ~ ~\ ., ~. 1'1 -I r1\ -I -t m - Q:J: \. " '\.-: \1 t.. ~ ~\ ~ :þ Þ :J: 0 ' ,. '\ ' \\ " en% ZI'1 :E -t ' ~ ~ t\. ~ 'I :þ 0 0 % 1'1 0 ~ \~ "J ~ \" \\ ~ t\.,,~ - 1/1 m 0 en " .~\ \ 0\ "" \ .-, ~... o r1\ -I ,,\)¡ .. , ~ \ ~ ~ \) '\1 ~ );:. \ ì ~ ~ ~ ." :\ '\ '\" I~\ t~ \ 0 ~::: 'I ., ~ \)~ ') ~.i ~i ~ \\1 ~ ~ ;: I} \ ... H ~.. ~ \ \ 'fI ~. ~ ~ ~ ,~" ~ III 0 .~ r~ 0' \ €i' ~ 9 Z ... 'I" t-- ~ ~ () II cø :::-\:'\ ~ ~" ~ ~ ~I ~ ~ i ~ ~ ~~ ~ ~ '" ~~~ ~a: ~ ~\~ \. ~ -, ~ Y'.." . ~ §~~~ \, ~ !D~_ \r'\:-I~ ì: ~ ~ ~::¡ ~ ~ ~ ~.ì ~ ~ ~ Gi P1 ~ ~~ . ~~~ I ,~ ..., .\\ 'ò \ K' ~ ! 0 ~ ~ ~ ~ ./d¡jOÇ;t';?7"[. '" -< :II _ ~ 1\ ~ '" ~ I'V. (7. .~ ~ Y'.... ~ ~ ,~ ItJt1, t1¿J' J ~ I!! 0" ~~ ~ ~ -- J ~ !xl ~ .. ~ '" ).) h, " ~~C ~ ~ ~ : ~ ~ ~ ~ . / -7t1 ¿;1¿;1'- .«' 1D _ I). 'I) "\ ~ Co' . .~ ~ "ITI ~ \ ' ~ .5 gg ° 5'2' ;Z 7"t-f/. .. I ~ ~ ~ JII ~ ~., ~~, . A Z I G'_~ \ \(}..... ;!! Z.....~· c:,<- -f': --... - ~ ~ ~ ~ ~ III - ~ ~-?.-v-- :-,;. ; .-Z \\) 6 iX ~ ~ .-po.?;¿, ¿.. _ -....---....... ~ '" \) Þ "'- ~..c:> rv- ...{;/ ....... ~\J\, ì --....... , , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Þ1 SUBJECT: AGENDA ITEM # 91£ - MEETING OF OCTOBER 4, 1994 REPLAT/WALLACE DODGE TRACTS D & E DATE: SEPTEMBER 30, 1994 This is before the Commission to approve a replat for Tracts D and E of Wallace Dodge automobile dealership, located at the northwest corner of S.W. 10th Avenue and Linton Blvd. During review of a proposed site plan modification for additional parking at Wallace Dodge, an encroachment over a platted property line was identified. Hence, the need for a replat. It has been reviewed and is ready for Commission action. The only outstand- ing issue involves the execution of a unity of title between Wallace Nissan and Wallace Dodge, to accommodate an existing building that was constructed over the common property line. This has been prepared and is being reviewed by the City Attorney's office. Recommend approval of the replat for Tracts D and E, Wallace Dodge. . · - ( !( llc 1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVIQ T. HARDEN, CITY MANAGER THRU: FROM: SUBJECT: MEETING OF OCTOBER 4, 1994 REPLAT OF TRACTS D AND E, WALLACE DODGE ..CONSENT AGENDA.. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the replat for Wallace Dodge. The pro j ect is located at the northwest corner of S. W. 10th Avenue and Linton Boulevard. This plat is being processed pursuant to LDR Code Section 2.4.5(K), Minor Subdivisions. B A C K G R 0 U N D: On June 30, 1994 a site plan modification was submitted for the Wallace Dodge automobile dealership. This modification involved the expansion of additional parking onto an undeveloped area (Tract E) of the site. During the review process it was discovered that the proposed modification would encroach over a platted property line. Thus, a replat of the subject property was required. On August 12, 1994 the Wallace Dodge replat was submitted. The plat has been properly prepared and reviewed. The only outstanding issue involves the execution of a unity of title between Wallace Nissan and Wallace Dodge to accommodate an existing building that was constructed over the common property line. The unity of title has been prepared and is being reviewed by the City Attorney's Office. The plat is now ready for City Commission consideration. PLANNING AND ZONING BOARD CONSIDERATION: Planning and Zoning Board consideration is not required for minor subdivisions. , . , City Commission Documentation Replat of Tracts D and E, Wallace Dodge Page 2 R E COM MEN D E D ACT ION: By motion, approve the plat for Wallace Dodge, a replat of Tracts D and E. Attachment: * Location Map & Reduced Plat T:WDDE.DOC . . . - I I I ~ I~ j / ¡~ lil I ~ ,... I 1 11-1 STREET I PALM DRIVE~, ~ S.W. r- ~ !;~/- ~ e----I r- bf ~~ ~: - /j" , I " __ ~I I ~~ / = ~ II \ ~ " no". II/IT ~V W," ~ V I ~12TH5T ~ "- - GEORGIA STREET I lx~X)I, ~)I,~~ I I ':5 J J.'L}()( )( X'XX"~ ~~"X~ X RI <;SJE ST. « C'<"1i~ z .1 )( X X X )eX }( )( ]A 11 ~ j6<X )()<X)I,}(X}()I, c{ .. X)(XX _", L- I J~x>< ><x ~A'" I'J( X X X "X.xX'J(.')L~~ "'Jt.)I,.¡K ~~y)( >< X X Fï A ;1. ~ j X~)<><}( ')()I, ~ ~ :j "xxX ~XX~')(~)( _ ~ ~ / I V0»c~;}( ~ }(~)( r)-<:L 0 w IX X )C)()C; X ", ~ J ..'X X }(X'X X X )( X X )( _:;;.., I----- ')( )( X }( XX~ X?- I----- ! IJt. ~ X X X )("')( I- T" I ~ I.)"", y y,y'X )( y y ,1'~ I V . ~ O~ ,.. DIXIE SOUL VAR ~ I,"" .L6UIN ~y)( I I.~ . r I I I I W"'LLACE )( FORD >< K;<..J<x ~ :r .....LLACE )( X ~ SOUTNRIDGE NISSAN VJLLACE X X ~~y 5i CONDO ~~X }C~ ----- J LINTON BOULEVARD . " UNTON INTrRHATlOHAl PLAZA Cllcur @5on!.", ) LAvrR'S~ ,j.-' ~ # ~~ ~ ~ ~$P J ~ f i ~ )J N ~~. (¡ I WAlLA~~lODGE I J . /--- -~-_._----_._-- rRI/cr c· !:i¿:) ¡{'ð.JIf"¿O¿-JlC,A- Rt~!'Æ.~ "CJ ..9,,/ P¿J/'þ,:"C:~- 7~ P,:;,.~,¡ '" 4¿Jg 9¿1' .. sß~'~r/I1'[, . .~ 0\" 0\'" ~ 0\. /,0\ ~ " , \ ~~ ~I ~ ' .\/ .~ ' ~v _ ,- ' \,., . " . .\VI .i { ~ ~ :\" .. , \0 I " , i( ~/ ,,'oJ ~ L. ~ 1 ~! ~ ~ ~~~ I ,,' "- II I ~' ~ ~ / } "- ~- ~ ! b" ~ ~ - f / ' \ . , ~~ ~ '" .:: ;, ~ o Y I:\- , . ~ / ~ ~ ~ f.... " ' '" ~ ~ \ " ~ I.. - ~~ ;>. ~ ~ ~ , ~ ' ~ .... ....- " . ^ __.uu_ _ ~ ." ;: ;; 1J.9~~-':--::i:!.'.;< S7~.~' 1 I ~ \ I _ 4.o17..t': ." ')., . I~~/,J . ~~ ~ ~'. r/. ; ... ~ ~.ìu..¡ 't r::. I · " ~ ~ :- ;,. t\: "," ,:1 " ~ ~ ;. ~ ~ _~ ,~.:, l' .- " , , '. '-. ~ ~ ~ ~ ~~. ~ . "'~ :;¡,; ~ ' ~ "'" "- .... ~ ... :-. t\: iii. .. . '." ...; ~~ ~ " .. '-..... ~ ~" ~ ~ .',' '~ ~ ~ " ~ ~ .. ~ ~ .~ ~ "- ... ' ,~~ ~ ----"," , -t\, ~ .... >\ " ~::... ..,__- ~. o0J .' .... ~~.. ,. \ " " -: -::. - ;.. ~ ~ .... '.,¡~ .t _,,- ,." '.,.', "'::( __~.. ,:i' ...." ,,-.. ~. "'":- .... ~.'S::.':Z.. .,; ~ . '~$"'?-q-- ~ .,'" _"""," " .6.3~...s- I '$ "$' . ., ~·¡¡.~.~~U - - /, ~ ,__=---S»-:-"" ~..... --;.. \r) I . " ~ . --.../ Ñ 6p Fe?~ r· :;, .,:~ -- A. ð:Jz~~ ,:'':'~ _ $ _ _ I t?(/EEAI.f ~ ~ ';) ... ''''''c' ~ '-::T--"----.- -- -.----- ,'* £ AYE~~ ,\' ~ \.' ,,(I"'"F.?'S;"[ ~ t ~ t ---- , ... ~I,(i ;;~~ \' q;?"_ ~ ~~ i"~ (''-,. í ,,1 ¿r,: _f.' " ~ . g~7. Z9' , : , $. iI:¡-!f"¿t 'F2'K .: '''''' " . ~ ~ . '"'i. ..-.: ;- , ~ ~,~ ~\~~'~., ":'t~ ' ~~~ S,~I\~·.~ ~,...~~'. '" , , ~ \ \ \, '\) t, J\ . ~ '" ~. ~. .. " "\ -- ,,~' ,.... ... ~... :--~ --_$:. /7??: ~ ~·,~tl ~' ~~ i $"~ ~~.sJ ~ " ... A./I:?'F¿,·Þ-r'·~- ~ -- ~ - - :?5¿J¿J'- 5..·.· - 3,:,:',; ;: ~:~:, ,:,: ';~~:.':",; ~,' ~:. '/ ¡¡ ¡) ~ -: ;!;" n ~" . , .... ' ~ ;,r__' ~ . , - .." 1).." ~" " ~ '1\' ! ~~ ~:; II _ _ _ . J ,: ~,,_, ." _', _ ~.. ,,_ " t-- , """._~. ",;_. C'I.".~'., :- ~ ,---__ '.1\: I __I' Ù,¡ ~ I' ~ .. '" ~:{ ~ . - ,",- ~"i"',,~ ~-, -' . . . .' -':, ~, . , ... V','~ .: ~ ....: 't "" . ,,-: " ~ > ~ ~ ~'~ ~: ~ ~ ~ .=' ~ ~ ~ .~ ~. r ~~~ ~ ~;~ ~~\ ~ ," ~.~ . ~[ ~~. , ~~"',~" -~~:: ~ ~.>~~'~'- .._~. ::::, _ t J ( ~ .-1----..- -.'- '4~~ .:-- .., "." - , ,y . . ';. ~. 35ø ' , ~ ,;t -;, of , . . ck , , [-7\ [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wri.t.er·. Di.rect. Li.ne DELRA Y BEACH (407) 243-7090 F lOR I D A ........ AII·America City " II I! MEMORANDUM September 29, 1994 1993 Date: To: City Commission, From: David N. Tolces, Assistant City Attorne~ Subject: Agreement with Stuart Schurman and Barbara Pierce, "The Hop" to Hold Dances at Pompey Park This proposed agreement will authorize Stuart Schurman and Barbara Pierce, who are referred to as "THE HOP", to hold weekly dances at Pompey Park. The dances will only take place on Saturday nights from 9:00 p.m. to 2:00 a.m. THE HOP agrees to indemnify the City for any injuries which occur as a result of the dances at Pompey Park. THE HOP will also provide the City with a $1,000,000 general liability insurance policy with the City named as an additional insured on both policies. THE HOP is also required to pay for any police officers required to be on site. The agreement may be cancelled by either party at any time by providing written notice. At this time, this agreement is before you for your approval. Please call if you have any questions. DNT:smk Attachment hop.dnt c¡{F ® Printed on Recycled Paper " AGREEMENT This Agreement entered into this _ day of , 1994, by and between the CITY OF DELRAY BEACH ("City"), a Florida municipal corporation and STUART SCHURMAN and BARBARA PIERCE, collectively referred to as ("THE HOP"). WIT N E SSE T H: WHEREAS, THE HOP desires to provide musical entertainment and dances at a City facility in order to deter the use of alcohol and drugs among youngsters; and WHEREAS, the City desires to provide alternative forms of activities for individuals between the ages of 14 and 20 years old. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and THE HOP do hereby agree as follows: l. The City will permit THE HOP to operate a dance program at Pompey Park gymnasium. 2 . THE HOP shall provide the City with a properly executed insurance certificate indicating that THE HOP has general liability insurance in an amount of $1,000,000.00, as well as a participant accident policy, with the City of Delray Beach named as an additional insured on both policies. 3. THE HOP shall provide individuals who will insure the security of the individuals attending the dance. THE HOP shall . · consult with the City of Delray Beach Police Department regarding any City police officers which would be required. The police officers shall be provided at THE HOP's expense. 4. All entertainment equipment necessary to produce the dance shall be supplied by THE HOP, and will be set up and removed by THE HOP. S . THE HOP will provide all clean-up following an event and shall return the Pompey Park gymnasium to the same condition it was in prior to the dance. 6 . The dances shall take place on Saturday evenings commencing at 9:00 p.m. and ending at 2:00 a.m. 7 . In consideration of the payment of $10.00, receipt of which is hereby acknowledged, THE HOP agrees to indemnify, defend, release and hold harmless, the City of Delray Beach, its representatives, agents, and employees, from any claims, suits, causes of action or any claim whatsoever made arising from THE HOP's activities, or from any claims for damages to property or injuries to persons which may be occasioned by any activity carried on pursuant to this Agreement, including THE HOP's employees, agents and staff. 8 . This Agreement, including attachments hereto, constitutes the entire Agreement between the parties, and shall supersede and replace all prior agreements or understandings, written or oral, relating to the matters set forth herein. 9 . This Agreement may be amended or modified only by written addendum or amendment signed by the parties and authorized by their respective elected official. 2 10. This Agreement shall be effective on the date executed by the City of Delray Beach and shall remain in force until cancelled by either party. Either party may cancel this Agreement by providing written notice. 11. This Agreement may be assigned; however, prior to assignment, THE HOP shall provide the City with written notice of its intent to assign the Agreement. Assignment shall not be effective until approved by the City Commission. 12. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: City of Delray Beach: Joe Weldon, Director of of Parks and Recreation 50 N.W. 1st Avenue Delray Beach, FL 33444 THE HOP: Stuart Schurman 7830 Pine Tree Lane West Palm Beach, FL 33406 IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the date first above-written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to Form and Legal Sufficiency: City Attorney 3 . . . WITNESSES: THE HOP By: Stuart Schurman (Print or Type Name) By: Barbara Pierce (Print or Type Name) (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1994 by STUART SCHURMAN. He is - personally known to me/or has produced (type of identification) as identification. Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1994 by BARBARA PIERCE. She is - personally known to me/or has produced (type of identification) as identification. Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public HOP.agt 4 . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~G - MEETING OF OCTOBER 4, 1994 CHANGE ORDER NO. 7/AMERICAN LIGHTING MAINTENANCE, INC. DATE: SEPTEMBER 30, 1994 This is before the Commission to approve deduct Change Order No. 7 to the contract with American Lighting Maintenance, Inc. for the Swinton Avenue Beautification project. The original contract was based on unit prices at estimated quantities. The number of units actually needed was less than anticipated, resulting in $11,376.55 which can be liquidated from the purchase order. Recommend approval of Change Order No. 7 to the contract with American Lighting Maintenance, Inc. . . M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER ~ THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR RE: CHANGE ORDER # 7 - SWINTON AVENUE BEAUTIFICATION DATE: SEPTEMBER 7, 1994 ITEM BEFORE THE COMMISSION - - The item before the Commission is the consideration for approval of Change Order # 7 which would result in a net decrease to the contract with American Lightening Maintenance for Swinton Avenue beautification. BACKGROUND The project has been completed with the exception of a few punch list items and we are in the process of closing out the contract. The change order is being processed to liquidate a portion of Purchase Order II 523618. The original contract was based on estimated quantities which exceeded the actual number of units needed. Per the attached change order $11,376.55 can be liquidated from the purchase order. STAFF RECOMMENDATION - Staff recommends approval of change order # 7 to the contract with American Lighting Maintenance, Inc. , which would decrease the net amount of the contract by $11,376.55. . 1 CITï or DELRAY BEACH I CHANOS ORDER TO ORIGINAL COH'I'RACT I , CHANGE NO. 7 PROJECT NO. 92-42 DATE. 8-23-94 PROJECT TITLE. Swinton Avenue Beautification TO CONTAACTOR. American Lighting Maintenance, Iric. YOU ARE HERE8ï 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. This Change Order is being processed to liquidate a portion of the Purchase Order # 523618. Much of the work in the contract was. based on unit prices. Many of the . I. estimated quant1ties exceeded the actual number of units needed. As a result there is money left on the contract that will not be spent. Per the attqched sum~y $11,376.55 can be liquidated from the 'Purchase Order. A fund balance of $5,250.00 will be needed for the fi~dl payment which is for the final 30 days maintenance. . SUMMARY OF COUTRACT AMOUNt . ORIGINAL CONTAACT AMOUNT $413,765.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 102,172.70 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGB ORDER $515,937.7Q COST OF CONSTRUCTION CHANGES THIS ORDER Reduction -11,376.55 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 504 , 561. 1 5 1 PER CENT INCREASE/DECREASE THIS CHANGE ORDER 2.2 \ Decrease TOTAL PER CENT INCREASE/DECREASB TO DATE 21.18 \ EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT N/A CALENDAR DAyS TO N/A Date CERTIFIED STATEMENT. I hereby certify that the supporting cost data included i8, in my Christopher J# Turenne,PreSqnøidered opinion, accurate, that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work ß~ contracted for under benefit competitive bidding_ SIGNATURE (CONSULTING ARCHITECT OR ENGINEER) TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER . DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAr BEACH, FLORIDA By ~ts City commiølon RECOMMENDs By. . PROJECT MANAGER MAYOR ATTEST. APPROVEDs By. CITY ATTORNEY CITY CLERK COTOC.KT . SWINTON AVENUE BEAUTIFICATION Money not spent on the contract $ 6, 718. 00 Phase I, Type D Curbing 979.20 Phase I. Sidewalk reconstruction 340.00 Phase II, Sidwa1k reconstruction 890.00 Testing Al10wence 1,879.56 Change Order U 1 377.40 Change Order U 2 4,227.34 Change Order U 5 (2nd phase of Driveway Aprons) $15,429.55 -4,053.00 (Overage'on Type D Curbing Phase II) [$19,453.00 - $15,400.00] $11,376.55 . " - "'7 . . '. .- . .'. · ... " , · ,,:: .,~' '. .~.:;:. · . \:~ ArrllCATIOH NU"B£R: EIGHT , AffllCAtlOH DAtE: JUlY 20, 199 JOB NAME: SWINION AVEHUE HRIOD 10: JULY 20,1994 BEAum leA TIOK fROJEeT HO: 92-42 6-9301 -------------------------------------------.--------------------------------------------------------.-.-.------..-.-..-..... ------------------------------------------------------------.---------------------------------------------------.---..-.--.- A B C 0 E f , H I J HEll DESCRIPTION SCHEDULED (---------WORK CC"flETEO-------------) tOIAL COftPl. BALANCE RETAINAGE PERCENT NO, Of \lORK VALUE PREvo APP \lOR'; 1M SIOREO "AT. AKD S10REO TO fiNISH COKPLE ..---------------------------------.-.----.------------------------------------------------------------------.-...--........ -..------------------------------------.--------------------------------------------------------.--.-------.-----........... PHASE I: 1. LANDSCAPING 113.160.00 113,160.00 0.00 0.00 113,160.CO 0.00 11.316.00 100.00t 2. IRRIGATION 53,750.00 53,750.00 0.00 0.00 53,750.00 0.00 5,375.00 100.00t 3. REGRADE, SOIL, SOD 54,600.00 54,600.00 O.C~ O.CO 54.seo.00 0.00 5,480.00 100.00\ 4. PAVEKEHT REMOVAL 9,900.00 9,900.00 O.C~ 0,00 7,900.00 0.00 990.00 100.00t 5. EXIST.CURB REHOVAL 1,750.00 1,750.00 O.tlO O.CO ~'~¥'.1~~t ~,~, 175.00 100.00\ 6. TYPE '0' CURB 26,600.00 19,152.00 i,':~.ej '110·.cO.OO ~~:1:l.0· : .. 2,035.20 76.51\ 7. SIDEWALK REeONSTR. 1,360.00 380.80 O.CO 0.00 380.eo 919 .2~ 38.08 28.00t 8, SO. 2nd ST. IHPROV. 5,870.00 1,467.50 4,402.50 0.00 5,970.00 0.00 587.00 100.00\ 9, RESTRIPIHG 4,600.00 4,600.CO 0.00 O.~O 4,WJ.~O 0.00 460.00 100.00\ 10. TRAfFIC CHTRL & H081 17,200.00 17,200.00 0.00 0.00 17.203.00 0.00 1,720.00 100.00t SUB TOTAL 288,990.00 276,160.30 5 ,6v2. ~9 0.00 ~tï*i~ ~~ 28,176.28 97.50\ S.'31.·~O ~1I.1.~1.&CI .,. ""., . ,. 0 PHASE II: 1. LANDSCAPING 25,420.00 25,420.00 O.co 0.00 25,420.00 0.00 2,542.00 100.00\ 2. IRRIGATION 8,455.00 8,455.00 O,C, 0,00 8,455.00 0.00 845.50 100.00\ 3. REGRADE, SOIL, SOD 41,400.00 41.400.CO O.C~ O.CO 41.4tO.OO 0.00 4,140.00 100.00\ 4. PAVEKEHT REVOKAL 2,100.00 2.100.0~ O.C, 0.00 2,IQ~.O~ 0.00 . 210.00 100.00\ 5. EXIST. CURB REMOVAL 1,8~0 .00 l,850.CO o.ço o.~~ L8~0.~O 0.00 185.00 100.00\ 6. tyPE '0' CURB 15.400.00,' n.4S3.OO ~ I- a.co O.~O n.4S3.C~ 0.00 1,94S.30 126.32\ 7. SIOE~AlK RECONSTR. 340.00 O.CO 0.00 O.CO O.CO "'340.001- 0.00 O.OOt 8. TRAFfIC CHTRL ¡ H08. 17,200.00 17,200.00 O.O~ 0.00 17,200.CO 0.00 1,720.00 100.00t SUB TOTAL 112.165.00 115.878.00 0.00 O.CO 115,8ì8.00 340.00 11.587.80 103.31\ BOTH PHASES: I. PROJECT SIGNS 600.00 600.00 O.co 0.00 ~~o.co~ O.CO 60.00 100.00t 2. 60-DAY MAIHT. 10,500.00 5,250.00 O.~O 0.00 5.2~O.OO ~2S0.0L/525.00 SO.OOt 3. TEStING ALLOY. 1,000.00 110.00 O.tO O.CO 110.00 890.00, 11.0011.00\ 4. VIOEO ALLOW. 500.00 500.00 O.CO 0.00 5~0.0~ 0.00 50.00 100.00t 5. I NOEKNlf JCA HON 10.00 10.00 0.00 0.00 10.00 0.00 1.00 100.00\ ! SUB TOTAL: 12,610.00 6,470.00 0.00 o.~o 6,4ì~.CO 6,140.00 647.00 51.3U 1. CHANGE ORDER .1 2,259.00 361." O.('~ O.CO 2~1." l.n7.S~ 36.14 16.00t 2. CHANGE ORDER .2 12,560.00 12.202.60 o.~o o.co 12.2n .60 377.40' 1,220.26 97.00t 3. CHANGE ORDER 13 3597.9S 3597.95 0.00 0.00 3,~H.9S 0.00 359.60 100.00\ 4. CHANGE ORDER '4 -871.50 -871. 50 0.(1' O.O~ ( n . SO ) 0.00 (87.15 HOO .00\ S. CHANGE ORDER .5 15657.00 11429.61 O.C~ 0.00 11.429.61 4.227.39' 1,142.96 73.00\ 6. CHANGE ORDER 16 68950.25 51023.19 17927 .O~ 0.00 6~,!5?2S 0.00 6,895.03 100.00\ SUB TOTAL: 102,172.70 77,743.29 1],927.C~ C .('0 9~,~70.1S b,'02.35 9,56].04 93.b6\ TOTAL: 515,937.70 Ob,251.S' ...., "....... . t ~ .~, 4:~ ,?~~ ~~ 41,9ì8.12 1~.87\ ..... . ..... . . - - 13.cS'!· s·~ ~q,\.~\\.'S' l.t>,,,,""'''-)" '. . . . , , Agenda I tem No. I FG ¡ . AGENDA llEoaES~ 91#94 Date: Request to~ placed on:' X ~r Agenda Special Agenda Workshop Agenda When: Uescription of a¡enda item (who, what, where, how much): Change Order 7 - Swinton Avenue Beautification ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval , , Department Head Signature: ~£L1--' ~ ( Determination of Consistency with Comprehensive PlaDa City Attorney Review/ Recommendation (if applicable): . Budget Director Review (required OD all ite.s involving expenditure of funds): Funding available: ~I NO Funding alternatives: (if applicable) Account No. & Description: \~-S:;¡4:~3.qO zz.6-Jlbl-Sl/I-ID/ÝD JNI-5JfJ -63~r¿ø,7vo Account Balance: ~ "{~C I7,OS 5'JS.t.f'1. Q,13S,()O City Manager Review: Approved for agenda: §/ NO tïVl Hold Until: Agenda Coordinator Review: Received: . Action: Approved/Disapproved '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 0?0 SUBJECT: AGENDA ITEM # if! - MEETING OF OCTOBER 4, 1994 RESOLUTION NO. 79-94 DATE: SEPTEMBER 30, 1994 This is a resolution assessing costs for abatement action required to pump and fill an abandoned septic tank on vacant property located on S.W. 13th Avenue, Lot 19, Block 2, Atlantic Park Gardens. 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 $484.00 remains unpaid. Recommend approval of Resolution No. 79-94 assessing costs to pump and fill the abandoned septic tank on S.W. 13th Avenue. . . ._.__._.~_...--,--,--_.....--._.".._. -.-........--.-" ,-.-- ..~ ........-¥..---....--- .--..-..--... -p \ ì RESOLUTION NO. 79- 94 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) LOCA7ED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT l\ND LEVYING THE COST OF SUCH ~C~T.~N; PROVIDING FOK AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID I.EVY TO BE A LIEN UPON THE SUBJECT ?ROPERTY 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 within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, i WHEREAS, all the notice requirements contained within Artícle ! 7.8 have been complied with; and, i . _.., ._.. .~_.~u ___ _ ...___ ."..~_ ___....__ , ._ ____.,. _~ ._._...._...~. .-'_'..' , I WHEREAS, neither an appeal to the Board of Construction Appeals ' or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s) . 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. 79-94 i , _..,."" _._._ _u.·_·~_.____.._ _____ .--., - -..-.,....-.--...--.--.--..- -~"'<-"_._.... '---"- - ,""'- -. ....-.--.- -..... ..,-,-,.._---_.._...__..~_._...-- '-'- ---~._- ---.---- -- .,-_....---~..-----,,- - - --.-,.. 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 i of 1994. I , MAYOR ATTEST: City Clerk - 3 - Res. No. 79-94 . NOTICE OF ASSESSMENT Date TO: J.D. and Earline Monroe ADDRESS: 32 Earle Street, Hartford, Conn. 06120 PROPERTY: vacant lot on SW 13th Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: Lot 19, Block 2, Atlantic Park Gardens, according to Plat Book 14, Page 56 of the official records of Palm Beach County, Fl You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $484.00 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given not,ice on 8-23-94 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. y You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action tg_Ž5~(e the unsafe condition existing on the above-described property on at a cost of $484.00 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. . , Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF TilE CITY COMMISSION. City Clerk , MEMORANDUM TO: DAVID HARDEN, CITY MANAGER ~ FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT RE: RESOLUTION AUTHORIZING CONTACT WITH DIVISION OF FORESTRY REQUESTING THE ASSIGNMENT OF AN URBAN FORESTER TO THE CITY DATE: SEPTEMBER 27, 1994 ITEM BEFORE THE COMMISSION: Consider approval of a resolution requesting the Division of Forestry, Florida Department of Agriculture and Consumer Services, to conduct a survey relative to the possible assignment of an Urban Forester to the City. BACKGROUND: In 1971 the Florida Legislature recognized the need to extend forestry service to municipalities and enacted a program whereby an Urban Forester may be contracted with a municipality and render to aid cities in protecting and . , its serVlces lmprovlng forest resources. The program currently In place provides for a two (2 ) year contract period with a city, but the Forester position must be shared between two (2 ) cities. The cost to the City will be $1,500 annually plus a commitment to provide office space and clerical support. The Division of Forestry provides the position and vehicle. The County Forester has indicated that current positions will rotate in about one year (FY 95/96) . The City of Green Acres has made a request, therefore, we would share the position with them. The Urban Forester position will provide the opportunity for us to provide an additional service to residential neighborhoods and associations in implementing an adopt-a-tree program and street tree scapes. The Forester will also assist Parks and Recreation In scheduling the maintenance of the City's trees as well as identification of hazardous trees. Typically, the Forester works two days a week for each of the two cities who will share the position. One day a week is spent on working on forestry issues for the State. RECOMMENDATION: Staff is recommending City Commission approval of the Resolution requesting the Division of Forestry, Florida Department of Agriculture and Consumer Services to provide the City with the services of an Urban Forester. LB:DQ DQ3 Forester.LB ~.T. , . 'I 'I !I RESOLUTION NO. 81-94 ¡ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF I I· DELRAY BEACH, FLORIDA, REQUESTING THE DIVISION OF FORESTRY, FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, TO PROVIDE THE CITY WITH THE ¡\ SERVICES OF AN URBAN FORESTER. i WHEREAS, the City Commission of the City of Delray Beach, Florida, recognizes the many benefits provided by trees and forests; and WHEREAS, the City Commission of the City of Delray Beach, I Florida, desires to protect its existing forests and vegetation; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to enhance the City's aesthetics through such programs as street tree planting and adopt-a-tree programs; and I WHEREAS, the City of Delray Beach, Florida, has already adopted an ordinance . which provides for the protection and preservation of trees and plant communities; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to enter into a cooperative arrangement with the Division of Forestry for the provision of services of an urban forester. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, requests the Division of Forestry, Florida Department of Agriculture and... Consumer Services, to conduct a survey relative to I the possible assignment of an urban forester to the City. Section 2. That the City Commission of the City of Delray Beach, Florida, is willing to provide office space and secretarial services as needed to support the position. Section 3. That the City Manager, or his designee, is I I authorized to meet and confer with the Director of the Department of Agriculture and Consumer Services and staff, and to do all things necessary to carry out the purpose and intent of this Resolution. . · - Section 4 . That the City Clerk is hereby directed to forward a certified copy of this Resolution to the Director of the , Department of Agriculture and Consumer Services, and to all parties , having an interest herein. PASSED AND ADOPTED in regular session on this the 4th day of , October, 1994. ¡ ~~ I I ATTEST: ~ '/J)y-fú,~ I/r;,ctr City C rk i I i ¡ - 2 - Res. No. 81-94 ¡ '. , . . . , , Aqenda I tena No., S':c l . ACENDA REQUEST Date, 9/27/94 Request to be placed on:' X Reqular Aqenda Special Aqenda Workshop Aqenda When: 10/4/94 Uescription of agenda item (who, what, where, how much), Resolution Authorizing cotnact with Division of Forestry Requesting the Assignment of an Urban Forester ORDINANCEI ÍtESOLUTÏClli)R£QUlRED: & Draft Attached: l~NO ,Yf: INO -- Recommendation: Approval Department Head Signature, dr¿,c/$~· ( Determination of Consistency with Coapreben8ive PlaDI City Attorney Review/ Recommendation (if applicable): Budqet Director Review (required OD all ite.. involving expenditure of funds): Fundlnq available. YES/ NO Funding alternatives: (if applicable) Account No. & Oèscription: Account Balance: City Manager Review: Approved for agenda: @l NO ðM Hold Until: Agenda Coordinator Review: Received: . . Action: Approved/Disapproved ,. , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t7t{ SUBJECT: AGENDA ITEM # &''J - MEETING OF OCTOBER 4, 1994 AWARD OF BIDS AND CONTRACTS DATE: SEPTEMBER 30, 1994 1. Bid Award - to Kexlex, Inc. School Bus Service for Parks and Recreation Department programs (after school, Rocks football, and summer day camp), at an estimated annual cost of $40,000.00, with funding from various accounts identified on the attached memorandom from the Parks Department. ~. SEE Add f.{\ dum A-~h £[) . . ~ . Agenda I tern No.: g.::r ./ AGENDA REQUEST Date: Sept. 28t 1994 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Oct. 04, 1994 Description of agenda item (who, what, where, how much): Bid Award- Bus Rental Service For the Parks and Recreation Dept. at an estimated annual cost of $40,000 to Kexlex, Inc. School Bus Service. Bid #94-76 ORDlNANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda t ion: Award to low responsible bidder KeXlex Inc. School Bus Service at an estimated annual cost of $40.000. from various accounts as listed in memo from Parks and Recreation attached. .,.--~,---~-'- Department Head Signature: --- Determination of Consistency with City Attorney Review/ Recommendation (if applicable): , Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding alternativJ~ lif app~icable) Account No. & Des~tion: !iE-Jv pAI<~tf. (.(t;;;C-r¿6-kr1D!J- .fJ..UnrnG~ þ~ Account Balance: aiò CAHP City Manager Review: Approved for agenda: Å’ES/ NO t1'w) Hold Until: I , Agenda Coordinator Review: . Received: Action: Approved/Disapproved · , MEMORANDUM TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer o¡ DATE: September 27, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 04, 1994 - BID AWARD - BID 94-76 BUS RENTAL SERVICE FOR THE PARKS AND RECREATION DEPT. Item Before Commission: The City Commission is requested to award a contract to the low responsible bidder KeXlex, Inc. School Bus Service, at an estimated annual cost of $40,000. Per the Parks and Recreation Department, funding is from various accounts as listed on memo. Background: Bids for this service were received on August 26, 1994, from five (5) firms, all in accordance with City purchasing procedures. (Bid #94-76. Documentation on file in the Purchasin Office). A tabulation of bids is attached for your review. The Director of Parks and Recreation have reviewed the bids and recommends award to KeJ(lex, Inc. as follows: Option #1 - After School Program Option #1 - Football Program Option #3 - Summer Program Recommendation: Staff recommends award to low responsible bidder, Ke.wlex, Inc. at an estimated annual cost of $40,000. Attachments: Tabulation of Bids Memo from Parks and Recreation cc: Joe Weldon Joe Dragon f:rl , , CITY OF OELRAY BEÞCH TABUlATlGI OF BIDS BID 194-76 BUS RENTAL SERVICE Fffi THE ~ ptI RECREATIGlAL OEPM.1MENT SEPT. 02. 1994 Airocar Inc./ Gallonte Transportation VÐI[)(R H~E: d/b/a Gray Line Inc. CPTlGI L BUS RENTAL GlLY (PER BUS - CITY WILL PROVIDE DRIVERS & GAS) AFTER SCHooL~: No Bid I FOOTBALL ~: I I SLtI1ER ~: IH~CE I'OITHLY PER LtfIT CPTIGI 2. BUS RENTAL WITH DRIVER (PER BUS - CITY WILL PROVIDE GAS) AFTER SCHOOL PRCGW'!: No Bid FOOTBALL ~: SLtI1ER ~: IH~CE I'OITHL Y PER Ltf IT CPTlGI 3. BUS RENTAL FEE I'OITHLY PER BUS: SHALL IHCUDE DRIVER. OIL. GAS. IH~CE. ptlD REPAIRS AFTER SCHOOL ~: No Bid FOOTBALL ~: ~ SLtI1ER ~: CCM1EHTS/Ð<l:EPTlGlS *Airocar, Inc/Gray Did not submit Bid Form. Line would like to See copy of Attached 8IOOERS MAY BID GI ptly offer an additional Proposed Bid. eR ALL CPTIGlS LISTED rate option - Option Did not acknowledge PE£NE. CPTIGI 1 & 2 MAY #4 - Bus Rental fee Addendum #1. BE PRICED PER MILE. / per hour, per bus for PER I'OITH. eR H~L y FEE service described herein. $39.90 Minimum Number of hours, per bus, for services - 5.5 hours. Maintenance programs & procedures sub~ - mitted with bid. Acknowledged Addendum #I. '" CITY OF DElRAY BE10i TABULATICtI OF BIDS BID t94-76 9JS RENTAL SERVICE FÅ“ THE ~ ~ RECREATlCtlAL DEf¥lRTMEHT SEPT. 02. 1994 Kex1ex, Inc. School Three Way Leasing , Quality Transport VENOCR HWlE: Bus Service Services Inc. Å“TICtI 1. BUS RENTAL OiLY (PER 9JS - CITY WILL PROVIDE DRIVERS & GAS) AFTER SCHOOL PR03RAM: $1.00 per mile $100.00 per day / per $600.00 per month * bus FOOTBALL PRO:JR¡qM: $1.00 per mile $100.00 per day / per bus SU1'IER ~: $1.00 per mile $100.00 per day / per bus IH~CE I'DITHLY PER LtlIT $150.00 per unit Included $165.00 per day ** Citv GaR & Oil Å“TIOi 2. EUS RENTAL WITH DRIVER (PER 8US - CITY WILL PROVIDE GAS) AFTER SCHOOL PR03RAM: $4.25 per mile $127.00 per day / per bus FOOTBALL PR03RAM: $1. 75 per mile $220.00 per day / per bus SU1'IER PR03RAM: $3.20 per mile $183.00 per day / per bus IH~CE IÐ4THLY PER lJiIT $150.00 per unit Included $205.00 per day ** r.if'v .. .> r.:;¡ '" ~ Of 1 Å“TIOi 3. BUS RENTAL FEE IÐ4THLY PER EUS: ~ALL IHCLWE ffiIVER. OIL. GAS. I"'~CE. foND REPAIRS AFTER SCHOOL PR03RAM: $1,700.00 per bus/ per $137.00 per day / per month bus FOOTBALL PR03RAM: $1,700.00 per bus/ per $275.00 per day/ per , ,month bus $2,950.00 per bus/ per $195.00 per day/ per . $225.00 per day/bus SU1'IER PR03RAM: month bus Mondya-Friday C011ENTS/EXCEPTICtlS Acknowledged Addendum All prices are based *$6000.00 Bus & If 1. upon miles as outlined Insurance per school SIOOERS ~Y BID CtI foNY Procedure to supply on page #7 of bid. year for afterschool æ ALL Å“TIOiS LISTED alternative buses for Miles over the pro- & Football program. PBCNE. (FTIOi 1 & 2 ~y disabled buses includ- jected amount will be ** per day/bus / ed with bid. at a rate of .75C per Monday-Friday in- BE PRICED PER MILE. PER I'DITH. ffi HCLRL Y FEE mile. eluding insurance. Acknowledged Addendum Acknowledged Addendum #1. Ifl. - I ,. ! MEMO~YM TO: Joseph Safford, Director of Finance THRU: Joe Weldon, Director Parks and Recreation Dept. FROM: J. Dragon, Assistant Director Parks and Recreation Dept. DATE: September 27, 1994 SUBJECT: Bus Rental Service Bids After review of the recently submitted bids for bus rental service for the After-Schoo~ summer day camp, and Rocks football programs, I recommend that Kevlex, Inc. School Bus Service of Lake Worth, Florida, be awarded the contract to run fÌ'om November 1, 1994 until September 30, 1995. As shown on the attached tab sheet, Kevlex was the low bidder of five bids submitted. Kevlex Bus Service is the fonner Dempsaco Bus Service that had the same contract 2 years ago and perfonned satisfactorily. According to Kevlex officials they missed the bid deadline 2 years ago. Funding for the bus service will come from the following accounts with the amounts budgeted in each account: 001-4105-572-44.40 After-School Program $4000. 001-4105-572-45.90 After-School Program $3000. 001-4121-572-55.10 Athletics/Special Events $9640. ool-4125-5t¡2-55.1O Community Center $4840. 001-4127-572-55.10 Pompey Park. $4840. 001-4128-572-55.10 Carver Recreation Facility $4840. 001-4130-572-55.10 CarverComm. Middle School $4840. 115-0000-572-78.00 Rocks Football $4000. $40,000. This contract will provide 2 buses during the school year for the after-school program, 3 buses for the Rocks football program ftom September thru November, and 5 buses with drivers t4 eight weeks for the summer day camp program. sistant Director reation Dept. cc: Jackie Rooney, Senior Buyer .. GALLANTE TRANSPORTATION, INC. 1300 NW. 31st AVE., Ft. LAUD. FL 33311 FAX (305) 791-3115 DADE: (305) 579-9818. BRWD. (305) 791-2555 August 23, 1994 Purchasing Office 100 Northwest First Avenue Delr~y Beach, Florida 33444 (407) 243-7163 PROPOSED BID This bid refers to Section H-1 of "Invitation To Bid" Document NO. 94-76 dated August 9, 1994. Bus/driver of bus will be provided Monday - Friday in the afternoon from 2:00 P.M. (hours of operation for Afterschool Program) . Buses will travel approximately 8,000 miles between Palm Beach County and Broward County from gø~.~~Ol, 1994 ~.v~ through September 30,. 1995. Gallante Transpórtation, Inc. will provide this service at a charge of S 5,000.00 per bus per month. There will be a charge of $ 50.00 for each additional hour per bus . ~ ~ ~p ~ Two additional buses/drivers or buses will be provided on ~ Saturdays at 2:00 P.M. until" 12:00 A.M. on approximately eight ( (8 ) Saturdays starting in August for games in the youth tackle football program. The games are scheduled in different cities between Miami and West Palm Beach. Buses will be provided thru November. Buses will travel approximately 5,000 miles. Gallante Transportation, Inc. will provide this service at a charge of S 1.800.00 per bus per month. There will be a charge of $ 50.00 for each additional hour per bus. Summer Program: Six(6) buses and drivers will be provided for eight (8) weeks on Monday thru Friday, 9:00 A.M. to 4:00 P.M., for approximately the months of June 20 thru August 20, 1995. Gallante Transportation, Inc. will provide this service at a charge of S 1.260.00 per bus per month. There will be a charge of $ 50.0p for each additional hour per bus. Ga1lante Transportation, Inc. chooses option 3 of the "Bid Form Schedule of Pricing", where driver, oil, gas, insurance, and repairs are included. Should there be any questions, please contact our office at the above numbers. ÇPnü;d~ f!...,' Daniel Fils-Aime, President Gallante Transportation, Inc. Specializing in Charter Services . .. GAttANTE TRANSPORTATION, INC. 1300 N.W. 31st AVE., Ft.LAUD, FL 33311 FAX (305) 791-3115 . DADE: (305) 579-9818. BRWD. (305) 791-2555 September .-,,., 1'3'34 ¿L,:;" Purchasing Office 100 Northwest First Avenue Delray Beach, Fl c.r i da 33444 To whclm it may concern, This is in regards to our propose bid to section H-1 of " I nv i t at i cln Tc. Bid" Document N.:.. 94-76 dated August '3, 19'34. I would like to apologize for a miss print in the Summer PrQgram, which is in the third paragraph Qf Qur propclsal. It states that the charges for sb; (6) buses are $1,260.00 per bus per mClnt h, that is incclrY"ect. As YClu will see the corrections below. "SummeY" Pr ogY" am": Si ~F; (6) buses and dY"iveY"s will be provided foY" eight(8) weeks, Monday thY"u Friday, 9:00AM to 4:00PM fY"om June 20th thru August 20th, 19'35. Gallante Tr anspcly" t at i .:'n, In,: . will provide these services at a chaY"ge of $5,000.00 per bus per month. There will be a charge of $50.00 fClr each additional hour per bus. Ga~lante Transportation, Inc. chooses option 3 of the "Bid F,:,rm Schedl..lle of Pricing", where driver, oil, gas, insur anc e, and repairs are included. . I would like to Thank YCIL! in advance foY" youY" cc'opeY"at i.:,n in this matteY". Sincerely, ~~,~ Daniel Fils-Aime, President Gallante Transportation, Inc. Specializing in Charter Services . · CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 4, 1994 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE: 8.J.2 Bid award - for demolition of the lift station - as part of the Veterans' Park Phase II project. , , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # - MEETING OF OCTOBER 4, 1994 DEMOLITION OF THE LIFT STATION AT VETERANS' PARK DATE: SEPTEMBER 30, 1994 In order to expedite completion of this Veterans' Park Phase II project, I would like the bid for demolition of the lift station to be awarded at the meeting of October 4, 1994. Staff requests Commission approve the award of the master lift station, chlorine building, restroom building, and other miscellaneous site demolition at Veterans' Park to JJR Construction Company, the low bidder. This work encompasses all demolition and site clearing required for the proposed Veterans' Park Phase II. The amount of the contract award is $19,800.00. . , Agenda Item No.: ______ AGENDA REQUEST Date: October 3, 1994 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: October 4, 1994 Description of item (who, what, where, how much): Staff requests City Commission to approve the award of the Master Lift Station, Chlorine Building, Restroom Building, and other Miscellaneous Site Demolition at Veterans Park (Project No. 94-85) to JJR Construction Co. This work encompasses all demolition and site clearing required for the proposed Veterans Park, Phase II. The amount of the Contract award is $19,800.00. JJR was the lowest of four bids received on this Project. A copy of the bid tabulation is attached for review. Item No.1 of the Schedule of Bid Prices is for the Master Lift Station and Chlorine Buildings. The scope is representative of the unit price line item for work being deleted from the Master Booster Pump Station contract (90-05) with Harry Pepper and Associates. The amount of this work per the JJR bid is an add of $14,400.00. The net deduct from the Pepper Contract is $20,225.00. The remainder of the work (restrooms and miscellaneous site demo) were not included in the Pepper Contract. Funding Source is R&R Lift Station Conversion to Submersible 442-5178-536-61.83. ------------------------------------------------------------------------------- ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~ Recommendation: Staff Recommends approval of the award to JJR Construction Co. ------------------------------------------------------------------------------- Department Head Signature:_____~- _ __ _ _____~~~________________________________ Determination of Consistency with Comprehensive Plan:___________________________ City Attorney Review/Recommendation (if applicable) ____________________________ Budget Director Review (r~red on all items involving expenditure of funds): Funding available: ~NO :~::~~: :~~e~n~:~ve~-~i--/1Â~ :;:- !(j--- .-f:l:=g3f c-f~~caLllFT ~TA. (!oNV.TD If:;{ A~Î /lIV:: :4Z-2TJ1L~-'ª---------ffi1.ì--------------Zl- BMf1Z>I EW Account Balance_:lf~L1F----------------------------------------________-Z~ " ~L-/(~ 10 ß¡;- CIty Manager RevIew: ~ l~\ Approved for agenda: @/NO "tRANs Ft;~D Fø::fVt H 0 l dUn t i l : 0 ""\ r:- ,..--r o~ 'F d:-2tA ilrl/ ----------------- r I20J &-1 fCV5E:-~VF 1/ 'Î'Y()'~ 7vo. Agenda Coordinator Review: Received: _________________ Placed on Agenda: _________________ Action:____________________________ Approved/Disapproved /agenda.1852 '. ~ DEPARTMENT OP ENVIROlOlEN'l'AL SERVICES KEKORAIIDUK TO: DAVID T. HARDEN CITY KANAGER ~ PROM: WILLIAM H. GREENWOOD ¿J.. ... DIRECTOR OP ENVIROHKEN'l'AL SERVICES DATE: October 3, 1994 SUBJECT: Demolition of Existing Kaster Lift Station and Restroom at Veterans Park (project No. 94-85) ------------------------------------------------------------ Staff requests the city commission to approve the award of the Master Lift Station, Chlorine Building, Restroom Building, and other Miscellaneous site Demolition at Veterans Park (Project No. 94-85) to JJR Construction Co. This work encompasses all demolition and site clearing required for the proposed Veterans Park, Phase II. The amount of the Contract award is $19,800.00. JJR Construction Co. was the lowest of four bids received on this Project. A copy of the bid tabulation is attached for review. Item No. 1 of the Schedule of Bid Prices is for the Master Lift Station and Chlorine Buildings. The scope is representative of the unit price line item for work being deleted from the Master Booster Pump station contract (90-05) with Harry Pepper and Associates. The amount of this work per the JJR bid is an add of $14,400.00. The net deduct from the Pepper Contract is $20,225.00. The remainder of the work (restrooms and miscellaneous site demo) were not included in the Pepper Contract. Funding Source is Lift station Conversion to Submersible 442-5178-536-61.83 for $19,800.00. , . . . MASTER LIFT STATION - DEMOLITION VETERANS PARK - PHASE II SITE PROJECT NO. 94-85 September 21, 1994 .-0"" ........ ./>, ,', BID JJR INTE:RNATIONAL CUSHING·· '"': .i< g) ITEM CONSTRUCTION SALVAGE DEMOLITION < 1 $ 14,400.00 $ 22,350.00 $ 19,000.00 $ 22,750.00 ¡¡'" 2 $ 1,700..00 * $ 1,700.00 $ 4,000.00 3 $ 3,700.00 * $ 1,800.00 $ 5,750.00 4 $ 10.00 $ 10.00 $ 10.00 $ 10.00 I TOTAL II· $ 19, 810 . 00 II $ 22,350.00 1$22,510.00 1$ 32,510.00 I * INDICATES COMBINED PRICES REFLECTED IN TOTAL BID ~- - . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t7'Jv1 SUBJECT: AGENDA ITEM # qA - MEETING OF OCTOBER 4, 1994 CHANGE ORDER NO. 1 GOLF COURSE WELLS/FLORIDA DESIGN CONTRACTORS DATE: SEPTEMBER 30, 1994 This is before the Commission to consider Change Order No. 1 in the amount of $10,530.00 and 90 day extension to the contract with Florida Design Contractors, for additional work associated with the new Golf Course Production Wells #35 and #36. The work includes an additional air release valve and box, power source extension from the west to the east side of Homewood Boulevard to new transformer pad, and a new 36 inch spool piece as described in attached documents. The cost of this work is $10,530.00, with funding from the 1993 Water and Sewer Revenue Bond - Golf Course Well (Account No. 440-5179-536- 63.52) . Recommend approval of Change Order no. 1 and 90 day extension to the contract with Florida Design Contractors. ~ Jj --0 · Agenda Item No. 9)J AGENDA REQUEST Date: September 27, 1994 Request to be placed on: __X__ Regular Agenda Special Agenda Workshop Agenda When: October 4, 1994 Description of item (who, what, where, how much): staff request City Commission approve Change Order #1 to the contract with Florida Design Contractors, for additional work associated with the new Golf Course Production Wells #35 & #36. Work includes an additional air release valve, power source extension, and a new 36" spool piece. The cost of this work is $10,530.00. In addition the contractor is requesting a 90 day extension in the project schedule. Funding is available in the 1993 Water & Sewer Revenue Bond, Golf Course Well Account #440-5179-536-63.52 ORDINANCE/RESOLUTION REQUIRED: NOT REQUIRED Recommendation: Staff recommends the City Commission approve Chanqe Order #1 to Florida Desiqn Contractors in the amount of $10,530.00 and a 90 day extension in contract time to Substantial Completion on December 19, 1994. Department head signature: Determination of Consistency with Comprehensive Plan: Ci ty Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): @/"' Funding available: YE /NO Funding alternative· (if appli~ablel~ LLÇ Account No. & DesS5fptionÆv-51 IO¡ -E52fé. (-;:3---52.. é30LF couJ2st:: \r'\Jt:=: -:> Account Balance ððl"'1 ~ \ City Manager Review: ~' 1 Approved for agenda: 9/NO [Î1// Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9224\agreq104 . ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager ~ From: William H. Greenwood p)~ Director of Environmental Services Date: September 27, 1994 Subject: Agenda Request Golf Course Well 35 & 36 Change Order #1 . . . . . . . . . . . · · · · · · · · · · · · · · · · . . . . . . Attached is an agenda request for Change Order #1 to the contract with Florida Design Contractors on the Golf Course Wells #35 & #36 project. Following is a description of each item requested with attached documentation. A. At the pre-construction meeting for this project, attended by golf course personnel, the City discussed with the contractor the re-alignment of the proposed line in order to locate it further away from the fairway. In doing so, a second high point was created in the line, necessitating a second air release valve and concrete enclosure. Cost this item: · · · · · · · · · · · · · · · · $ 4,150.00 B. The contract document indicated that the contractor was to make his power connections at the East edge of Homewood Blvd., however FPL still needed to extend the power from the existing aerial on the West side to the East. There were several options including, overhead lines (unsightly) , open cut of roadway (a traffic nightmare) or jack & bore. Staff reviewed the options and cost and recommended jack & bore. Cost this item: · · · · · · · · · · · · · · · · $ 1,435.00 C. Provide and install City requested 36" x 1'-0" spool piece and all flange accessory sets necessary to allow existing valve to open without conflicting with the thicker polyethylene pipe. Cost this item: · · · · · · · · · · · · · · · · $ 4,945.00 D. Provide the contractor with a ninety (90) day extension to the contract due to additional work and other project delays as described on attached correspondence. The new Substantial Completion date, if approved, will be December 19, 1994. The consulting engineers, Hazen and Sawyer, have reviewed these requests and find them in order. In addition, staff has continually coordinated with the Golf Course staff to insure minimal impact on the use of the course. Total cost of this Change Order is $10,530.00. Funding is available in the 1993 Water & Sewer Revenue Bonds, Golf Course Wells Account # 440-5179-536- 63.52. cc: José Aguila File 92-24 (D) \ESD\9224\agmeml04 . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. one ( 1 ) PROJECT NO. 92-24 DATE: September 27, 1994 PROJECT TITLE: Golf Course Wells #35 & #36. TO CONTRACTOR: Florida Desiqn Contractors. 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: Provide all labor and material necessary for complete installation of the followinq items: (A) additional air release valve and box, ( B) extend power source from West to East side of Homewood Blvd. to new transformer pad, and ( C) additional 36"spool piece as further described in attached documents. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 886,330.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 886,330.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 10,530.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 896,860.00 PER CENT INCREASE/DECREASE THIS CHANGE ORDER 1.19 % TOTAL PER CENT INCREASE/DECREASE TO DATE 1.19 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 90 CALENDAR DAYS TO 12-19-1994 date CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit competitive bidding. FLORIDA DESIGN CONTRACTORS HAZEN AND SAWYER (sign & seal) TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER ENVIRONMENTAL SERVICES 440-5179-536-63.52 DEPARTMENT FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ESD DIRECTOR MAYOR ATTEST: APPROVED: By: City Attorney City Clerk \esd\9224\co1 . _ JRt'-I-03-' 00 rUE 01: 36 I D: TEL NO: Þ005 P02/02 aO..""AOTO". Slptember 27, 1'94 Hr. Jo.. Aguila Ci ty of ~lray 8eaoh 434 8. SWinton Avenue Delray aaaah, Fl. 33444 1011 GOr.r C.'OURS!1 WELLS 135 & '36 ClWlGII ORDIDU!J Dear Ifr, A;uila, Below i. a 1:IreaJtõown 0% all pricing requeats that are penc!ing or approved I Valve Vault S 4,150.. rP&L Cro..ing 1,43S.00 3." Spool Pi.ce 4.945.00 S ie,S3Ø.Ø0 Should you have any questions please contaot me at my office. Sinoerely, rIDRmA DESIGN CON'l'AAC'rORS, tHC . PM.. 1U.LSouth Killian ðrlye L.ake Park, Florid. 39403 ~407) &46-1233 Fax: 84N882 .... ~__ ' u....o.... ~ . ~- .- CONT¡:¡À<?"TO~S July 19, 1994 Hr. David Mathet·¡s Hazen & Sawyer 2101 Corporate Blvd. Suite 301 Boca Raton, Florida 33431 RE: DELRAY BEACH GOLF COURSE ¡-¡ELLS ~35 & 36 VALVE VAULT PRICE BREAKDO¡vN Dear Hr. Hathews: Below is the price breakdown requested by your firm. We feel that the major price confusion is the H 20 Load Hatch. Valve Vault $i~' 583.00 H 20 Load Bearing Hatch $ 1590.00 24":<:2" Saddle $ 198.00 2" Corporation Stop $ 127.00 2 " Brass Nipple $ 6.00 2" Air Release Valve $ 276.00 .., " Tap $ 150.0Ø ~ Concrete Collar $ 60.0Ø Labor t'¡/machine $ 550.00 $ 3540.00 P & 0 530.0Ø Bonding $ 80.0Ø S 4150.00 Should you have any quest.ions, please contact me at my office. Sincerely, FLORIDA DESIGN CONTRACTORS, INC. ø Phil Hintzer PH:sm cc: Serge Pouch Thomas H. Clarke 1326 South Killian Drive Saved as 008.doc Lake Park, Florida 33403 (407) 845-1233 Fax: 848-5992 Slale Carnfieo C.:;nrac:or . Ucense ~. GC·ÇC40~04 . ¡ IT ~ I CONTRACTORS 1 July 14, 1994 Hr. David Mathe\ols Hazen & Sawyer, P.C. 2101 Corporate 81 '/d. S'lite 301 Boca Rat:.on, Florida 33431 RE: CITY OF DELRAY GOLF COURSE ~lELLS #35 & :t36 }I.I R RELEASE VÞ.LVES Dear Hr. Mathe\.¡s: During the weekly meeting on 7/12/94, it was discussed that an extra air release might be needed to accommodate addit.ional high spot not shown on the plans. Our quote of S 4,150.00 includes a 2" air release val '1 e 24"x 2 .. double strap saddle, 2 It tap, 2" corporation stop, 2" :<: 6 " brass nipple, labor anå equipment n~:d. Should you have any questions, please con t :. ':: to m e at m'!~ffice. Sincerely, FLORIDA DESIGN CONTR.~CTOP.S , INC. .... Phil Hlr1t.::er PH: sm cc: Thomas H. Clarke Serge Pouch =--- -- '- 13.14 Scutn Killian Drive Laks P:;/- FloridC'. 32..102 {~87' 3':::-" 2~·'3 ;=.;...x: \S':::~-S~~<~~ .J~ """à!!tII ]-~ , ---... -- JAN-03-' 00 TUE 08: 26 ID: TEL NO: 1:*010 P01/01 lepr.ember 21, 1994 Mr. 30.. Aguila City of Delray Beach Utilities 634 S. Swinton Avenue Delray Beach, Pl. 334 Rill GeL!' COURSS wm.LS '35 & '36 I'P&L CONDUXTS Dear Hr. Aguila. Below 18 the b~.aJ«Iown you requested t.o J'ðck and Bore 1-4" galvaniu& conduit supp11eð by Florida Power & Light, ... Jack & Bore B '75.. Labar $ 250.00 $ 1,225.00 PlIO S 18!S.H $ 1,410.00 Bond S 2!S.00 S 1,435.00 Should you have any questions, please contact me at my ottioe. Sinceraly, rIDRIDA DESIGN CONTRACTORS, IHC. ~ ,~ Phil Mintu¡o PH... ce. Ser~ Pouch 8il1 Snow, Hazen & Sawyer 1328 Söuth Killian Drive Lake Park, .Florlda 33.0~ ~407) 845-1233 ~ax: ..II-Slft __'*...~, ~Na.~ . CON'T~AC~O!RS September 12, 1994 Hr. Bill Snow Hazen & Sawyer 2101 Corporate Blvd. Suite 301 Boca Raton, Fl. 33431 RE: CITY OF DELRAY BEACH GOLF COURSE WELLS # 35 & #36 Dear Mr. Snow: , Per the request of the city, Florida Design can install a 36" x l' -0" Fl. x Fl. spool piece with two 36" flange accessory sets. Below you will find a price breakdown of our quote. i t i , 36" F1.x Fl. Spool Piece $ 2,915.00 , 36" Stan~ard Flange $ 790.00 ~ Accessory Sets ¡ Labor w/machine $ 508.00 $ 4,213.00 Profit & Overhead $ 632.00 $ 4,845.00 Bond $ 100.00 $ 4,945.00 Should you have any questions please contact me at my office. Sincerely, FLORIDA DESIGN CONTRACTORS, INC. £/ Phil Mintzer PM: sm , , 1326 South Killian Drive Lake Park, Florida 33403 (407) 845-1233 Fax: 848-5992 State Certified Conrrac:or . License No. GC·C040304 . _o.&i:_IMI'IIIiJt" CONTRACTORS .'. -ð~ ~J M.,¡¡,~t·M' J.:....··l: ~.r...;",¡ "-,_. 'J' 'j¿.;'...Jir.: '" ".·.;,¡,¡~.~ð;,..··II1J I.iI..".... S~~ September 21, 199,1 11r. Jose Aguila City of Delray Beach '13{! S. Swintún l\venuE: D,~lrêty Be¿¡ch, Fl. 3~~444 lÅ’: CITY ()F DELHAY BE1\CH GOLE' COUR~:ìE HELL:::; #35 (;{ #36 Dear Hr. P.CJlÚ lèt; As pf~r your r\~que::;t helOl/ You Ifill find a detailed account of delays in cdlkrinq the pt\1llPS for- I JJt2 above mention~d project. 1'1" hr~c¡an our [iubmi ttal procedure the íleek of Hay 16, 1994 with the pumps bt:' inq ~3Ubll1:i tted on ILLY 18, 1994 and thl~ \lell piping, gravel pack and ::;Cl>~en submitted on Hay 31, 1994. HE; then beqan to proceed with drilling of LIlt: test \Ièlls L1"1..2 \I'o,~k 01 ~rune 6, 1994 d;ld logging the Vleek of June c-.- - L3, 1994 jU~;L 3 \/f:;,~j([; ètttf~l' ¡¡ot~ice to Proceed ·.1afJ issued. On June 23, L 9J'1, the \lel1 suhmit!>l! ua[J returned L.A.H. (revise and resubmit). The l' l-~'; f:t~.:;Ö'l·) , in 3un1HkÅ’Y, \¡¿tS ~i2t ~t could not be approved without the logs of the test \¡f,ll~;. Th" f-olhJ\lJnCj cLty, June 24, 1994, the pump subnÜ t tal ívas returned R.ILH., the n"ason, i.n summary, uas pump sizing could not take plè!cç, until c"1tterLhi~ lHoduccion í1ells had been tested to determine draVl dO\1l1 ¿tnd cplh;wc: per ¡l1inute. On June :)3, 1994, the sieve analysis, CjL,!'!C;l P¿(I,']; ,,¡¡iel 11<::11 p:Lpin~J \kn: resubmit.ted along \-lith the logging "ep,JIL:" , lU.1 \lereLcLuI~fk:d l:'.lLS. (furnish as submitted) on June 15, 1994. ì1itl¡ t~he exc.,¡>Lion 1.11' the gravel pack ìlhich Has returned R.A.R. The rt~asCJn íl<.:l:3 a mon" rounded qravel pack í/as required. During the next t\IO \leeks FlurÜla D:::::;iqn hac; been ìlor],Ülg \lith Gerac¡hty Hiller, Inc. , a t:on[:;ul tan'!:: tur Hazen (l Sallyel, to have a neìl gravel pZlck approved. On l\uqu:c;t ::, l ::j ~~<'l , \I(~ rec~ived a verbal approval and resubmitted the gravel [Jd,::h on lilFJlt:,: l. ,1, L 9')'l. During th:~ \"~ek of l\UIJU:; t 13, 19'J 11 the Well driller began his operation to cI ri 11 the :: proclu(:Lion 11e11::: and completed all pump tests on August 25, 1994. Florida DesiC¡1I \lðS Uien giving notice during the construction HleeLing on ;:;t::ptembt:l 7" 1994 to submi t~ the design points called out in th,ò specificdtiom;. On September 13, 1994, He resubmitted the same pump :::ubmì t.ta.t dnd lasL "veninçr :=;i;pt,embr3r 20, 1994, He received a verbal clPlJl:Ovdl 011 the pUInp:::" 1'3'26u-8 olJth-'--,l( i I ¡rari' ut) rive .-......... u.u .. ... ,r u . _.. ...m.._ ~~~e_p ark,}',! ()T jdª_..3;i.<1,º;i (407) 845-1233 Fax: 848-5992 Slate Certìhed Contraclor . Uçel\se No. GC-C040304 . ThÜ; morning I contact:ed our supplier t:o order our pumps and to confirm a cle1ivery date. I \/ill not be able to confirm an exact date at this time until the fiupplier consults ..'lith the manufacturer, but as I stated in my previous let~ter, deLLvery is 6 to 8 ",eeks normally. As you can see from this breclkdmffi th~; Engineer, Florida Design and their subcontractors have "JOrked diligently to complete this project in a t,imely manner. This is the reason for a request for a 90 day extension. Without the pumps all other equipment cannot be tested. All other '';'Jlliprlient. ¿¡nd SCOlk ut \Ior]: i:i pr()(;eed:LWJ in a timely manner. I am sure that you \1111 find this to be an adequate explanation. Should you require additional information, please contact me at my office. Sincerely, ~IGN CONTRACTORS, INC. Phil Hintzer PH:sm cc: Bill Snm", Hazen & Sa..¡yer Thomas H. Clarke Serge Pouch , , . CHANGE ORDER SUMMARY Project No.: 92-24 PrQject Name: Golf Course Production Well #35 & #36 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. CITY REQUESTED ITEMS .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Item Explanation Cost % of original contract A Provide additional air release valve required $ 4,150.00 0.47% following line relocation to accommodate site conditions. B Jack & bore under Homewood Blvd. as required $ 1,435.00 0.16% to extend FPL service to new transformer pad on site of new well #36. C Provide 36" xl' -0" spool piece and flange to $ 4,945.00 0.56% allow existing butterfly valve to operate properly. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Total $10,530.00 1.19% eodI9224\Å“lsumry '. · CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 4, 1994 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE: 8.J.2 Bid award - for demolition of the lift station - as part of the Veterans' Park Phase II project. , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # - MEETING OF OCTOBER 4, 1994 DEMOLITION OF THE LIFT STATION AT VETERANS' PARK DATE: SEPTEMBER 30, 1994 In order to expedite completion of this Veterans' Park Phase II project, I would like the bid for demolition of the lift station to be awarded at the meeting of October 4, 1994. Staff requests Commission approve the award of the master lift station, chlorine building, restroom building, and other miscellaneous site demolition at Veterans' Park to JJR Construction Company, the low bidder. This work encompasses all demolition and site clearing required for the proposed Veterans' Park Phase II. The amount of the contract award is $19,800.00. . . . Agenda Item No.: ------ AGENDA REQUEST Date: October 3. 1994 Request to be placed on: __X__ Regular Agenda ----- Special Agenda ----- Workshop Agenda When: October 4. 1994 Description of item (who. what. where. how much): Staff requests City Commission to approve the award of the Master Lift Station. Chlorine Building. Restroom Building. and other Miscellaneous Site Demolition at Veterans Pørk (Project No. 94-85) to JJR Construction Co. This work encompasses ø II demolition ønd site clearing required for the proposed Veterans Park. Phase I I . The amount of the Contract award is $19.8DD.DD. JJR was the lowest of four bids received on this Project. A copy of the bid tabulation is attached for review. Item No. 1 of the Schedule of Bid Prices is for the Master Lift Station and Chlorine Buildings. The scope is representative of the unit price line item for work being deleted from the Master Booster Pump Station contract (90-05) with Harry Pepper and Associates. The amount of this work per the JJR bid is an add of $14.400.00. The net deduct from the Pepper Contract is $20.225.00. The remainder of the work (restrooms and miscellaneous site demo) were not included in the Pepper Contract. Funding Source is R&R Lift Station Conversion to Submersible 442-5178-536-61.83. ------------------------------------------------------------------------------- ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YEsé9 Recommendation: Staff Recommends approval of the award to JJR Construction Co. ------------------------------------------------------------------------------- - -- - -----~~~-------------------------------- Determination of Consistency with Comprehensive Plan: --------------------------- City Attorney Review/Recommendation ( i f applicable) ---------------------------- Budget Director Review (r~red on all items involving expenditure of funds): Funding available: ES NO Funding alternatives ~Î &3f ~~cabllf) :fA (! NvTD ------ --- --- - --- L- T ~ 0 Account ::; .:, ::!1;~it-~~~~?~~=-========-=---=============3Ll BMf]?Q 1?Å’ Account City Manager Review: ~ t?ALJtl\.O;~ 10 ß¡;- Approved for agendø: @/NO ",r<}tNS F(;;~D Fr2lfV( Hold Un t i l : ----------------- p (201'Ec:í 1?£5E:-~VE? vF fg~ qæ. Agenda Coordinator Review: Received: ----------------- Placed on Agenda: ----------------- Action: ---------------------------- Approved/Disapproved /agenda.1852 , · ", DEPARTMENT 01' ENVIROlÐlBNTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY XAHAGER ~ I'ROM: WILLIAM H. GREENWOOD ¿J.. .. DIRECTOR 01' ENVIROHMBHTAL SERVICES DATE: October 3, 1994 SUBJECT: Demolition of Existing Master Lift station and Restroom at Veterans Park (Project No. 94-85) --------------------------~--------------------------------- Staff requests the city Commission to approve the award of the Master Lift station, Chlorine Building, Restroom Building, and other Miscellaneous site Demolition at Veterans Park (Project No. 94-85) to JJR Construction Co. This work encompasses all demolition and site clearing required for the proposed Veterans Park, Phase II. The amount of the Contract award is $19,800.00. JJR Construction Co. was the lowest of four bids received on this Project. A copy of the bid tabulation is attached for review. Item No. 1 of the Schedule of Bid Prices is for the Master Lift station and Chlorine Buildings. The scope is representative of the unit price line item for work being deleted from the Master Booster Pump station contract (90-05) with Harry Pepper and Associates. The amount of this work per the JJR bid is an add of $14,400.00. The net deduct from the Pepper Contract is $20,225.00. The remainder of the work (restrooms and miscellaneous site demo) were not included in the Pepper Contract. Funding Source is Lift station Conversion to Submersible 442-5178-536-61.83 for $19,800.00. " . . MASTER LIFT STATION - DEMOLITION VETERANS PARK - PHASE II SITE PROJECT NO. 94-85 September 21, 1994 ,< ..,." ..,.., BID JJR INTERNATIONAL CUSHING ..... ........ ""<i < ITEM CONSTRUCTION SAtNAGEDEMOLITION . ~< 1$ 14,400.00 $ 22,350.00 $ 19,000.00 $ 22,750.00 . 2 $ 1,700.00 * $ 1,700.00 $ 4,000.00 3 $ 3,700.00 * $ 1,800.00 $ 5,750.00 4$ 10.00 $ 10.00 $ 10.00 $ 10.00 I TOTAL 11$19,810.00 II $ 22,350.00 1$ 22,510.00 1$ 32,510.00 I * INDICATES COMBINED PRICES REFLECTED IN TOTAL BID ~. , , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER êl/t1 SUBJECT: AGENDA ITEM tt qB - MEETING OF OCTOBER 4. 1994 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY DATE: SEPTEMBER 29, 1994 The term of Gail Dillard, the resident member on the Delray Beach Housing Authority, expired on July 14, 1994. Ms. Dillard was appointed in March, 1993, to fill an unexpired term. She is eligible and would like to be considered for reappointment. The attendance record is attached. Per statute, no commissioner of an authority may be an officer or employee of the city for which the authority is created. Each housing authority shall have at least one commissioner who shall be a resident who is current in rent in a housing project or a person of low or very low income who resides within the housing authority/s jurisdiction and is receiving rent subsidy through a program administered by the authority or public housing agency that has jurisdiction for the locality served by the housing authority. The term is for four (4 ) years, ending July 14, 1998. Applications for the resident member position have been received from the following: Gail Dillard Robin Preston In accordance with Florida Statutes, members are appointed by the Mayor and ratified by the Commission. By prior consensus of the Commission, however, each member makes a recommendation to the Mayor as to Housing Authority appointees based upon the rotation schedule. For this appointment, the recommendation will be made by Commissioner Randolph (Seat # 4) . Recommend appointment of a resident member to the Delray Beach Housing Authority, to a four-year term ending July 14, 1998. f~tE /0//8' Þ/-o ref:agmemo1 '. · (Inititation of amendment to LDR Section 4.4.10--AC Zoning District Regulations) Within the AC zoning district, there are regulations that that state that whenever a use or building is expanded by 30% or more, the entire site has to be brought up to code. This is over and above the regulations that apply in other commercial districts such as GC or PC. It can create real difficulties when someone is trying to improve their property, because when you're dealing with an existing site it isn't always possible to make everything conform. It some ways this requirement ends up discouraging dealers who want to improve and expand their businesses. I'd like the Planning and Zoning Board to look into this regulation, to see if there's a way to make it a little more flexible, or to at least make it consistent with what we require in the other districts. ~ ~ '-(11w¡67 Ie; mdJ & 1011./ /94 ~ CUl/ 9.(2 Yflo&m Ii; riud fJcj-;) ~ & ~ct- ~ 1-0 " , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1J1 SUBJECT: AGENDA ITEM ft lOA - MEETING OF OCTOBER 4. 1994 SECOND lUIADING AND PUBLIC HEARING FOR ORDINANCE NO. 80-94/GARBAGE AND TRASH DATE: SEPTEMBER 29, 1994 Ordinance No. 80-94 amends Chapter 51, "Garbage and Trash", Section 51. 70, "Regular Charges Levied" , of the City's Code by inc'Z'easing the rates charged for garbage, recycling and trash services' for both residential and commercial customers. The increase is in accordance with our contract with Waste Management which requires the rates to be updated by the Consumer Price Index on an annual basis. The increased rates will be applicable to all bills rendered on or after October 1, 1994. Recommend approval of Ordinance No. 80-94 on second and final reading. ~ '-1-0 ref:agmemo28 , · .' -- - - 'I I I I ORDINANCE NO. 80-94 i I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE I AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51. 70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR AN INCREASE IN THE RATES CHARGED FOR GARBAGE, RECYCLING AND TRASH SERVICES PROVIDED TO RESIDENTIAL AND COMMERCIAL CUSTOMERS¡ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works" , Chapter 51, "Garbage and Trash" , Subheading "Rates and Charges", Section 51. 70, I "Regular Charges Levied" , of the Code of Ordinances of the City of I Delray Beach, Florida, be, and the same is hereby amended to read as I follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for garbage and trash service: (A) Charges for the below-described garbage and trash pickup service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.72: ( 1 ) For those customers receiving Type A, roll-out cart service, the service charge shall be $J.~j:JJ 815.43 per month for I garbage and trash. pickup. However, the levy for "Tropic Palms and Palms of Delray" (known as Type F) shall be $J.J.j~~ 812.47 per month for garbage and trash pickup. (2) For those customers receiving Type B, rear-door/ side-door service, the service charge shall be $~¡/7~ 813.26 per month for garbage and trash pickup. However, the levy for the area bordered by N.W. 22nd Street on the north, Old Dixie Highway on the east, Lake Ida Road on the south and N.E. 2nd Avenue on the west (known as Type G) shall be $1~j17 816.23 per month for garbage and trash pickup. I I i \ J i I I, ,. , - . --- iI I ( 3 ) For those customers receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be $'/Ø~ 86.40 per month for garbage and household trash pickup. (4 ) For those customers receiving Type D, curbside in owner's container (or for those customers who, by reason of disability, as certified by a doctor and previously approved by the city, are unable to place refuse containers on the street, , and whose collection by the city or its contractor is thus pursuant to ! the Type B, rear-door/side-door service), the service charge shall be $~/~~ 810.88 per month for garbage and trash pickup. And the levy for the area bordered by S.W. 10th Street on the north, Federal Highway on : I ¡ I the east, Linton Boulevard on the south, and I-95 on the west (known I I as Type H) shall be $J.~/ß7 813.86 per month for garbage and trash I I' pickup. J Notes: (a) Residential customers shall be assessed a $~/J.ø 82.16 per unit charge for recycling service (included in rates set forth above). (b) Residential customers shall be assessed a $/~~ ~ per unit charge for separate vegetation collection services for all curbside residential dwelling units (included in rates set forth above). The effective date for this service is October 1, 1992. (B) Mechanical containers and commercial refuse container service. ( 1 ) For customers receiving Type E, mechanical containers and commercial refuse container service, the service charge shall be based upo~. the following for such garbage and trash services: Commercial Residential Monthly Monthly Container Container Charge Charge (Collection Container Size Pickups (Collection and Disposal (Square Yard) Per Week Charge Only) Charge 2 1 $ ¡J. 38.26 $ ,~ 55.89 3 1 ,.¡ 53.27 7,. 79.72 4 1 ,~ 66.49 ~¡ 101.76 6 1 7¡ 93.81 J.¡Ø 146.72 - 2 - Ord. No. 80-94 I , '. , J ., .- , I , I , ! 8 1 ?~ 11 7.59 J.7~ 187.36 I i 2 2 ~7 76.08 J.~~ 111.35 i 3 2 ~~ 106.54 J.~~ 159.45 I 4 2 J.~~ 134.58 J.?~ 205.12 I ~ 2 J.~~ 187.62 77J. 293.44 II 6 8 2 J.~~ 234.73 ¡~7 375.81 [I I 2 3 ?¡ 114.34 J.~~ 167.80 I 3 3 J.7~ 159.80 777 239.16 4 3 J.~~ 199.97 7~¡ 305.79 ì 6 3 7J.? 281.44 ~~7 440.17 I 8 3 7~? 352.28 ~7~ 563.92 I 2 4 J.7~ 152.59 7~7 223.13 ¡ 3 4 J.7J. 213.06 7?~ 318.88 ì I 4 4 7J.~ 266.50 ¡77 407.59 I 6 4 7?7 375.26 ~~7 586.90 I 8 4 ¡~? 469.87 ~?~ 752.05 ! i 2 5 J.~~ 190.40 7~? 278.57 i I 3 5 7J.¡ 266.34 ¡7~ 398.62 I 4 5 7~¡ 333.45 ~77 509.78 6 5 ¡~~ 469.06 ~7~ 733.62 I 8 5 ~~? 587.00 ~~7 939.73 II 2 6 J.~~ 228.67 ¡J.J. 334.49 3 6 7~~ 319.60 ~~~ 480.53 4 6 ¡J.~ 399.93 ~~~ 611.57 I, 6 6 ~¡~ 562.88 ~J.~ 880.35 ~ I II 8 6 ~¡? 704.60 J.¡~~~ 1.127.87 II :' five " (2 ) Multiple-family dwelling units containing II il units or more shall use containers emptied by mechanical means, except II as otherwise approved by the city because of lack of suitable space !I for a mechanical container or other good reason. il ( 3 ) Commercial customers shall use mechanical containers and commercial refuse container service (Type E) . , Commercial custome~s shall include, but not be limited to, all office I I buildings, stores, filling stations, service establishments, light , ! industry, schools, churches, clubs, lodges, motels, laundries, hotels, " ,I I public buildings, food service, and lodging establishments. , Commercial customers may use any of the following containers for ¡ accumulation of refuse: , I 11 (a) Commercial refuse containers. The city shall I, I I require any commercial customer needing more than six refuse containers to use mechanical containers, if feasible. , (b) Mechanical containers. I I I - 3 - Ord. No. 80-94 . · - "- - ~- --, -- il I' ,I I (4 ) The owners/operators of commercial establishments I I and other commercial customers shall accumulate such refuse in those I locations mutually agreed upon by the owner/operator and the city or its contractors, and which are convenient for collection by the city or its contractors. ( 5 ) Containers emptied by mechanical means shall be provided by the city or its contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and the I city or its contractors, "but not less than one day a week nor more than six days a week. Maintenance of that container shall be as set I forth in this chapter¡ however, the city's contractors shall not impose any separate or additional charges to customers or to the city for the rental or routine/regular maintenance of such containers that may be performed by the city's contractors. (6 ) Commercial customers needing less than six refuse containers, and those approved for this type of service by the city in advance because they lack a suitable location for a mechanical container shall also be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the city or its contractors and the customer. The charge shall be based upon the following for such garbage and trash services: 90-Gallon Cart Service Pick-ups per Week Monthly Charge I 1 $ ¡7 38.00 2 77 73.94 i 3 .r~~ 111. 94 I 4 .r~, 148.92 5 .r~.r 185.89 6 7.rØ 221. 83 (C) The charges set forth above for mechanical containers and commercial refuse container service (Type E) shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the city or provided by the city's contractors shall be used. Where more than one user is serviced by one container, the monthly charges shall be levied to each customer by dividing the total monthly cost by the number of customers using that container¡ however, in no event shall the monthly service charge be less than $¡)' 538.26 for residential dumpster service and $'7 555.89 for commercial dumpster service. The term , "CUSTOMER" as employed herein is any person using the service or to - 4 - Ord. No. 80-94 ¡ II .. · . --- , 1 I I I whom the service is available. Even if the customer is different from i \ ! the person who is actually billed for or pays for the service, the minimum monthly charge referred to above shall be calculated as to each customer. (D) Commercial rates for recycling: Container Size Pick-ups Recycling Monthly I (Square Yard) Per Week Billing Rates I , I I 96 gal 1 $ 'f.7/fJ~ 18.47 2 1 ~'J/'J7 44.54 i 3 1 ~7/'J.'/. 58.66 I 4 1 7~/'/.7 80.38 I 6 1 'J.l)'J/ØØ 106.46 I 8 1 r.'Jl)/r.r. 133.62 I 96 gal 2 '/.7/''J. 28.25 I 2 2 ß'/'~ 67.35 I 3 2 ~'/ß~ 87.99 , : I 4 2 'f.'/.r./ß' 124.93 I 6 2 r.7l)/'Jl) 174.90 , I 8 2 '/.r.7/fJ'J. 223.79 96 gal 3 'J,/fJø 36.93 2 3 ~Ø/7~ 89.08 3 3 'J.'J.'J/'J.~ 116.24 4 3 r.ØØ/l)7 170.55 6 3 '/.~Ø/~7 253.12 j 8 3 ¡l)~/77 315.05 I , , I 96 gal 4 ~'/~fJ 46.72 II 2 4 'J.l)~/fJø 111.90 3 4 'f.~r./7~ 145.57 4 4 '/.l)fJ/~~ 215.09 I I 6 4 ¡l)'/./'~ 310.71 I 8 4 'JfJ~/'7 405.22 !, "_.96 gal 5 "/l)'J. 56.50 I I 2 5 ¡¡¡/¡Ø 134.70 3 5 ¡øfJ/'/., 173.82 4 5 '/.''J/~~ 260.73 6 5 'Jø~/¡'/. 378.00 I 8 5 ~~'/./'Jø 495.38 I 96 gal 6 ßf,/,'/. 66.26 I 2 6 'J.''J/'J~ 157.52 3 6 'J.fJØ/7' 202.06 I 4 6 '/.fJ~/'Jl) 306.35 6 6 ~'J¡/7'J. 445.42 I 8 6 '7l)/¡Ø 585.55 I I ! - 5 - Ord. No. 80-94 ! I ¡ '. . . . ,- Ii 1\ (E) Multi-Family Rates for Recycling: !I Multi-family units which do not receive curbside , 1 ! recycling service shall be assessed a monthly charge of $JJf3S1 81.74 I I per unit which shall be billed by the Contractor. I I I Section 2 . That all ordinances parts of ordinances in ! or i ! conflict herewith be, and the same are hereby repealed. I Section 3. That should section provision of this I any or I i ordinance or any portion thereof, any paragraph, sentence, or word be I ! declared by a court of competent jurisdiction to be invalid, such i decision shall not affect the validity of the remainder hereof i I as a ! I whole or part thereof other than the' part declared to be invalid. i II Section 4. That this ordinance shall become effective immediately upon passage on second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or after I October 1, 1994. PASSED AND ADOPTED in regular session on second and final reading on this the 4th day of October , 1994. ~~ i ATTEST: / MAY, I o ¿ ~illl{.·!v '{C !In 1* 11 ity CI k First Reading September 27, 1994 I Second Reading October 4, 1994 i I i I I I - 6 - Ord. No. 80-94 I I , , .' . ~, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t/ I SUBJECT: AGENDA ITEM # J ~ A - MEETING OF OCTOBER 4, 199. oRDINAN~'NO. 71-9. DATE: SEPTEMBER 30, 1994 This is fir.t::'ftaafft§ of Ordinance No. 71-94 amending Section 52.34, "Water Rates" of the City's Code, to provide for an increase in...t.h.....~f~b'water~....~ice... This ordi.aance i., ~}~,.'.... !via!f .,. ttrPee'-pereelK aC~088..tbe-bQard. in~re&e~.· :t'" ~*Pé~t"~~·~~4¡~i.~i""4iif"U L , .u.ez..ee' wh:1eà· W&J.......,II!.....!M'"~ .' f'.~.IJI'b~.. d ~ ~: I 30/0 {lC;7tYJLJ #.t- ~ ~. Q (~ I CD¡Wd:¡ a- &mJInI~ ) ¡ ¡ @ 6% (!0ììf/ì77~ ~ ~ ~&? wdJ> 6% {0r;vm~ ~, f~ /~r~ 4-0 . . , - I I I ORDINANCE NO. 71-94 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER II , SECTION 52.34, "WATER RATES" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 52.34(B) TO PROVIDE FOR AN INCREASE IN THE COMMODITY CHARGE FOR WATER SERVICE; i PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, I AND AN EFFECTIVE DATE. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works" , Chapter 52, "Water" , Subheading "Rates, Charges, and Fees", Section 52.34, "Water Rates" , Subsection 52.34(B)", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the city to customers wi thin and outside the I corporate limits of the city, which unless otherwise indicated shall I include the appropriate customer charges, capacity charges, and ¡ commodity charges for all customers, are fixed as shown in the following schedule: Inside Outside Type of Customer City City Residential Customex:. charge (per meter) $ 1. 55 $ 1. 93 Capacity charge (charged to all customers, per residential dwelling unit) 7.62 9.53 . , . - - I I / i I Commodity charge I (all metered ¡ consumption-per 1,000 gallons) Zero to 3,000 gallons r.lr;r; ~ r.1'/.r; .L...ll 4,000 to 20,000 gallons r.lr.r; .L.li. r.I'1V, .l.......ü 21,000 to 35,000 gallons r.1'/.r; .l......2..2. r.lr;r; .1.....2.ß. 36,000 to 50,000 gallons r.I'1r; .L.n. r.lf¡'1 .L..li Above 50,000 gallons r.lr;r; .l....2..8. r.1V,V, .L..21. Nonresidential and Irrigation Customer charge (per meter) $ 1. 55 $ 1. 93 Capacity charge (based upon meter size): 3/4-inch meter 7.62 9.53 1-inch meter 12.73 15.91 1-1/2-inch meter 25.38 31.73 2-inch meter 40.63 50.78 3-inch meter 88.95 111.19 4-inch meter 160.07 200.08 6-inch meter 355.73 444.66 I Commodity charge (all metered I consumption-per I 1,000 gallons) r.lr.r; .L.li. r.I'1V, .l.......ü i ì I NOTE: Whenever both residential and nonresidential users are on the I same meter, the ... capac i ty charge is to be computed at the I nonresidential rate. I Section 2. That all ordinances or parts of ordinances in I conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. I - 2 - Ord. No. 71-94 I I I , , .., '. - II I: Section 4. That this ordinance shall become effective I immediately upon passage on second and final reading, and the changes i i set forth herein shall be applicable to all bills rendered on or after I :1 November 1, 1994. I I I , PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. I MAYOR ATTEST: City Clerk First Reading Second Reading I I - 3 - Ord. No. 71-94 I I " ' I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (j ,,/ SUBJECT: AGENDA ITEM # /~6 - MEETING OF OCTOBER 4, 1994 ORDINANCE NO. 72-~ DATE: SEPTEMBER 30, 1994 This is f i....~ »re8din9'" of Ordinance No. 72-94 amending Section 53.13, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge" of the City's Code, to provide for an ~â'" in' the chargee f~' se!'vtc:!\!'. - This orõ,. ...i."~,, 8ÀØlPHig:.tJui;ee, pes-ceDC 'acrG8.·the-board increase. I~>;;;",..IIV:~·~,,~~ght1~,,·-àijã~~~ ..aaorea8e whict! .10')'7,..11 L I~ 1Ll.à'.:øft;......dØ'Y:" ~ TUellàay.,. ~ Íd;¡o ¿oJ:I; 0'% &m//7?od'dz¡ ~~ t~ /:S-T ~ .1./-0 '. , . ORDINANCE NO. 72-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, II RESIDENTIAL , INDUSTRIAL AND COMMERCIAL WASTE" , SECTION 53.130, IIUSER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE II , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 53.130(D) TO PROVIDE FOR AN INCREASE IN THE COMMODITY CHARGE FOR SEWER SERVICE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works" , Chapter 53, "Residential, Industrial and Commercial Waste", Subheading "User : : Charge and Industrial Cost Recovery System" , Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", Subsection 53.130(D), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: I I (D) The following rates and charges shall be collected from 1 the users of the city sewerage system: I ( 1 ) Residential dwelling units. A monthly sanitary I sewerage service charge is imposed upon each residential dwelling I unit, as more specifically set forth hereinafter, to which sanitary sewerage service is available through the facilities afforded by the municipally-owned sewerage, according to the following schedule: I I Residential Inside City Outside City I I (a) Customer charge $ 1. 55 $ 1. 93 (b) Capacity charge (per residential dwelling unit) 9.27 11.58 (c) Commodity charge (based on metered water with maximum of 12,000 gallons): I I I I I ! . . . !! r I City (per 1,000 I gallons) 1/Ø~ .L..U 1/'1' .L..i2. I I I I South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) /71 ......u. /~~ ~ NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, there shall be a monthly customer charge of $5.00 per residential dwelling unit, and the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there shall be a monthly customer charge of $5.00 per residential unit and a capacity charge as set forth above. I (2 ) Nonresidential/commercial units. A monthly I sanitary sewerage service charge is imposed upon each nonresidential I and commercial unit to which sanitary sewerage service is available I through the facilities afforded by the municipally-owned sewerage I system, according to the following schedule: I Nonresidential/Commercial Inside City Outside City I I I (a) Customer charge: $ 1. 55 $ 1. 93 I (b) Capacity charge I (per meter): I 3/4-inch meter $ 9.27 $ 11.58 1-inch meter 15.48 19.35 1-1/2 inch meter 30.86 38.58 2-inch meter 49.40 61.74 3-inch meter 108.15 135.19 4-inch meter 194.61 243.27 6-inch meter 432.51 540.63 - 2 - Ord. No. 72-94 I I I , , , . . . II I I (C) Commodity charge: ! I i City (per 1,000 I I gallons) ~/Ø~ .L...U ¡./~rp .Ln I I I South Central ! Regional Wastewater , Treatment and ì Disposal Board (per 1,000 gallons) /71- ....ll I~~ ....ll NOTE: For those nonresidential/commercial units where water service is not available, and the user is connected to the sanitary sewer system or sewer service is available for connection, there shall be a monthly customer charge of $5.00 and a capacity charge as set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such , decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. I Section 4. That this ordinance shall become effective I immediately upon passage on second and final reading, and the changes I I set forth herein shall be applicable to all bills rendered on or after November 1, 1994. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. I I ¡ MAYOR ATTEST: I I I ¡ City Clerk I I First Reading Second Reading - 3 - Ord. No. 72-94 I I , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t/J'1 SUBJECT: AGENDA ITEM i / ~ e - MEETING OF OCTOBER 4. 1994 FIRST READING FOR ORDINANCE NO. 81-94/LANDLORD PERMITS DATE: SEPTEMBER 29, 1994 This is first reading for Ordinance No. 81-94 which amends Chapter 117 of the City's Code pertaining to landlord permits. The primary change is an increase in the landlord permit fee from $13.00 to $15.00 per unit. This increase is proposed in order to help offset administrative and inspection costs associated with this service. In addition to providing for a triple fee penalty for failure to obtain a landlord permit within 30 days of acquiring interest in any qualifying property, a tripled fee will also be imposed for failure to renew a landlord permit within 60 days of the annual renewal date. The balance of the amendment has to do with the addition of certain clarifying language, as well as removing obsolete code cites and replacing them with correct references. Recommend approval of Ordinance No. 81-94 on first reading. If passed, second reading and public hearing will be held on October 18, 1994. p~ 4~O ref:agmem07 '! , MEMORANDUM TO: DAVID T. HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT Ll6 SUBJECT: AMENDMENT TO CHAPTER 117 - LANDLORD PERMITS DATE: SEPTEMBER 22, 1994 ITEM BEFORE THE COMMISSION: Commission consideration is requested for approving an amendment of Chapter 117, Landlord Permits, of the Code of Ordinances, providing for an increase in the permit fee from $13.00 to $15.00 per unit. BACKGROUND: The City Commission established the requirements for landlord permits under Ordinance 80-87 on October 13, 1987. Since that time, the Community Improvement Department has been responsible for the initial application and processing of the annual renewal notices. To date, we have 3,852 units that have been permitted, which is an increase of 15% from last fiscal year. Due to the volume of landlord permits now on file and the number of inspections required, the increase will assist in covering some of the costs in providing this service to our customers. RECOMMENDATION: Staff recommends approval of the amendment to Chapter 117 to increase permit fees from $13.00 to $15.00 on first reading and authorize the public hearing for the next regular Commission meeting on October 18, 1994. LB:DQ Attachment Landlord.CC , ORDINANCE NO. 81-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING CERTAIN LANGUAGE FOR THE PURPOSE OF CLARIFICATION; AMENDING CERTAIN LANGUAGE TO REFLECT THE CORRECT CODE REFERENCES; AMENDING SECTION 117.02, "PERMIT FEES" , TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XI, I' Business Regulations", Chapter 117, "Landlord Permits", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: CHAPTER 117: LANDLORD PERMITS Section 117.01 PERMIT REQUIRED. I (A) No person, company or other entity who leases or offers I for lease any residential units within the city may enter into any I I arrangement, written or otherwise, which constitutes a lease of I property which is used for residential purposes, unless a landlord I permit is obtained or in existence for the rental units. All oral rental arrangements shall be included within the scope of this I section, but the operation of a hotel shall not (any building which fits the definition of hotel but also fits the definition of another use which requires a landlord permit shall be interpreted to require a landlord permit). (B) A separate permit shall be required for each rental unit; however, where a building contains a number of rental units under the saae owner, or where a number of different owners in one building authorize the same person or company to act as their agent for the purposes of applying for a permit, a single permit may be obtained for all qualifying units within a single building I which are under the same owner or agent. provided that the permit fee is paid for each individual unit. Nothing in this section shall require a permit for any unit enrolled in federal housing programs or ! under Federal Housing Urban Development general supervision. ¡ I I I I I Ij r Section 117.02 PERMIT FEES. Applications for a landlord permit shall be available I through the ~lÁ;i:~~;i:J{W Community Improvement Department. The annual I permit fee shall be $¡~¡ØØ 515.00 per unit. Such permit shall be for I one year from the date of issue on November 1 of each year'/~tt~/t~, t'Ø/tØ/~Ø/~tøt_tø~/~lÁ_tt_t~ý. Section 117.03 APPROVAL OF APPLICATION. (A) The Chief Building Official. or his desiqnee. shall grant approval for the lease of units within the city for residential purposes upon a determination: (l) That the applicant has an interest in the property or is the agent or acting under the permission of one with a sufficient interest in the property to obtain a landlord permit; (2 ) That the units comply with the requirements of the Housing Code as set forth in ~~_Pt_t/¡'Ø/¢t/t~t./~¢~_/¢t/øt~t~_~¢ø. Section 7.4.1 of the Land Development Requlations of the City of Delray Beach with regard to those facilities necessary to make the rental unit habitable; and (3 ) That the rental of the units is in compliance with applicable zoning code regulations 1___/~~_pt_t/¡7~J as enumerated in Chapter 4 of the Land Development Requlations. (B) The permi t shall state the maximum number of persons who can occupy each unit. That number shall be no more than two per bedroom plus two additional persons per unit, provided that ~øt~t~q/t~ t~;i:_/._¢t;i:ø~/.._~~/p_t_;i:t/t._/t_J{t_~/øt/_/lÁ_;i:t/;i:_/_/_____t/~.;i:¢. ~ relationship of the occupants does not violate; the definition of family t_//._¢I//¡7~/~~¡ as defined in Appendix A of the Land Development Requlations. This section shall not be interpreted to prohibit a landlord from renting a unit to a family as defined by $.¢/ ¡7¡¡ØØ¡ A9nandix A of the Land Development Requlations. Section 117.04 APPEALS. Appeals of a denial of a landlord permit shall be made to the Permit Review Committee which shall consist of the City Manager, the Community Development Coordinator and the Planning Director or their respective designees. The City Attorney's office shall act as counsel to the Permit Review Committee. Requests for appeal must be made in writing and received by the ¢;i:t'/ Chief Buildinq Official wi thin thirty (30) days of formal notice of denial with the date of the notice of denial being the first day. Decisions of the Permit I - 2 - Ord. No. 81-94 I I , - :/ Review Committee may be appealed to the City Commission, whose !I decision shall be final subject to any appeal of such decision to the ! circuit court. , t Section 117.05 INSPECTIONS. I I The Chief Building Official or his designee may inspect all rental units or units which are reasonably suspected to be rental I units for compliance with this section at reasonable hours .~~/~P9~/~~ ~Ø~t.'/~Øt~¢ØIØt with the permission of the owner, agent or tenant.... J~~~¢~øýøt/~øl.__~t¢.~~øJ/ Where permission to inspect the premises is denied to the city or where facts and circumstances reasonably justify the t.t~~tøltØ/.Ø_~/¢Ø~.ø~t necessity for an inspection, the city shall make an effort to obtain ~~ø 1.;;tØ;tf..~ø an inspection warrant and shall conduct the inspection as required by law. Section 117.99 PENALTY. Should any person or entity required to obtain a landlord permit under Sec. 117.01 not file an application for such landlord permit within thirty (30) days of acquiring interest in any qµalifyinq property .~~~_¢t ItØ I ~r1.__¢t~Ø~ 1~r1~øt It){t. /¢){._t"t, or renew such I permit within sixty (60) days of the annual renewal date. the permi t ¡ fees shall be tripled. I I Section 2. That all ordinances or parts of ordinances in I conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this I I ordinance or any portion thereof, any paragraph, sentence, or word be , ¡ declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a I whole or part thereof other than the part declared to be invalid. S.ction 4. That this ordinance shall become effective , I immediately upon passage on second and final reading. I PASSED AND ADOPTED in regular session on second and final reading on this the day of I 1994. MAYOR ATTEST: City Clerk First Reading I Second Reading - 3 - Ord. No. 81-94 , . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER !Ji1 SUBJECT: AGENDA ITEM i I ~ D - MEETING OF OCTOBER 4. 1994 FIRST READING FOR ORDINANCE NO. 83-94/KIDS AND COPS COMMITTEE DATE: SEPTEMBER 30, 1994 This is first reading for Ordinance No. 83-94 which amends Section 2 of the ordinance establishing the Kids and Cops Committee to provide for additional representation as the City Commission may deem appropriate. The membership of the Kids and Cops Committee consists of representatives from specified groups and organizations, as outlined in the ordinance. As it stands now, provision is made for only one citizen-at-large representative. Perry Don Francisco currently serves in this capacity. We have received applications from individuals interested in participating, but who cannot be accommodated under the constraints of the ordinance. In view of the uniqueness of this committee and its charge, the Commission has indicated that it would be beneficial to have the ability to appoint additional members whose experience and expertise could be of value. This ordinance will allow additional representation at the discretion of the City Commission when it is determined that such appointment would be of benefit to the committee. Recommend consideration of Ordinance No. 83-94 on first reading. If passed, second reading and public hearing on October 18, 1994. p~ L/~() ref:agmemo8 , , , j 'I ORDINANCE NO. 83-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 20-94 WHICH ESTABLISHED THE KIDS AND COPS COMMITTEE AS AN ADVISORY BODY TO THE CITY COMMISSION, BY AMENDING SECTION 2 . THEREOF TO PROVIDE FOR SUCH OTHER REPRESENTATION ON THE KIDS AND COPS COMMITTEE AS THE CITY COMMISSION MAY DEEM APPROPRIATE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on May 3, 1994, the City Commission of the City of Delray Beach, Florida, passed and adopted Ordinance No. 20-94 on second and final reading, which ordinance established the Kids and Cops Committee as an advisory body to the City Commission; and WHEREAS, Section 2 . of said Ordinance No. 20-94 provides that the membership of the Kids and Cops Committee shall consist of representatives from certain groups and organizations; and I WHEREAS, due to the unique composition and charge of this committee, the City Commission has determined that it may be I beneficial to have additional representation; and WHEREAS, the City Commission wishes to have the ability to I appoint such other representatives to the Kids and Cops Committee as I may, from time to time, be deemed appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I ¡ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I I Section 1. That Section 2. of Ordinance No. 20-94, passed I and adopted on May 3, 1994, by the City Commission of the City of Delray Beach, Florida, be, and the same is hereby amended to read as , I I follows: I Section 2. That said Kids and Cops Committee shall consist of a membership to be selected as follows: I (A) A representative from the Parks and Recreation I Department as designated by the Director of Parks and Recreation; (B) A representative of the Delray Beach Police Department, as designated by the Chief of Police; (C) A representative of the recognized bargaining unit for certain Police Department personnel, as designated by the President of the recognized bargaining unit; I '! , , ! i (D) A Clergy representative, as designated by the I membership of the Ministerial Association; I I 'I (E) A representative from each of the following schools, as II designated by the respective school principals: I ( 1 ) Pine Grove Elementary (2 ) S.D. Spady Elementary I ( 3 ) Plumosa Elementary I (4 ) Banyan Creek Elementary ( 5 ) Carver Middle School (6 ) Atlantic High School (F) A Youth representative, as designated by the Student Council of Atlantic High School; (G) A Citizen-at-large representative, as may be designated by a community civic organization interested in the enhancement of the program; (H) A representative of MAD DADS, as designated/,¡, l.ll Such other representation as may be deemed appropriate by the City Commission. Section 2 . That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this I ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a I whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. , I i I PASSED AND ADOPTED in regular session on second and final ¡ reading on this the day of , 1994. ! MAYOR I ATTEST: City Clerk I ~ i First Reading I Second Reading ! - 2 - Ord. No. 83-94 i i c:::="r":=~ a ,'A" ! , . , (;" I [ITY DF DELAAY BEA£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 wr1.ter·. D1.rect Lo1.ne DELRAY BEACH (407) 243-7090 f lOll. to" ........ AI~America City 1 , II I.: MEMORANDUM Date: September 30, 1994 ¡gg3 To: City Commission From: David N. Tolces, Assistant City Attorn~ Subject: Ordinance Revisinq Chapter 53 "Sanitary Sewers" The proposed ordinance will enact revisions to the City ordinance regarding sanitary sewers which were mandated by the EPA following a review of the City's and Boynton Beach's sanitary sewer ordinances. The revisions are as follows: 1. Substituting the Florida Department of Environ- mental Protection for the now former Department of Environmental Regulation. 2. Enacting new limits for metals inorganics and organics which may be present in sanitary sewer discharge. 3. Requiring a $100.00 publication fee to be charged to a violator's water bill during the month the notice of the violation is published in the newspaper. This will enable the City to partially recover the publication costs. 4. Amending the sample calculation for the sewer surcharge to reflect the correct sewer rate. The title of the chapter will also be changed to "Sanitary Sewers. " The amendments are requested in order to bring the City's ordinance in line with EPA requirements and the City of Boynton Beach's sanitary sewer ordinance. This will help insure that the discharges processed by the South Central Regional Water Treatment Plant are under the same requirements. PASSSd. on IS! ~£ADìnc¡ 4-0 lolJ1 9L - @ Panted on Recycled Paper I¿C , ORDINANCE NO. 84-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "RESIDENTIAL, INDUSTRIAL AND COMMERCIAL WASTE" , TO PROVIDE FOR A CHANGE OF THE CHAPTER TITLE TO "SANITARY SEWERS"; TO PROVIDE FOR A NAME CHANGE FOR THE "FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION" TO THE "FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION" , AMENDING SECTION 53.051, "PROHIBITED DISCHARGES TO SEWERS" , TO PROVIDE FOR ADDITIONAL MATERIALS WHICH ARE PROHIBITED DISCHARGES INTO THE CITY'S SEWER SYSTEM; AMENDING SECTION 53.052, "DISCHARGE OF CERTAIN WASTE RESTRICTED", BY AMENDING SUBSECTION 53.052(G), TO PROVIDE FOR NEW LIMITS FOR SUBSTANCES WHICH PASS THROUGH THE WASTEWATER TREATMENT WORKS; AMENDING SECTION 53.056(B)(1)(e), "ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE", TO PROVIDE FOR A TOTAL TOXIC ORGANIC CONTENT OF GREATER THAN FIVE MILLIGRAMS PER LITER; AMENDING SECTION 53.080, "COMPLIANCE DATE REPORT", TO PROVIDE FOR ALL MONITORING ANALYTICAL RESULTS TO BE SUBMITTED TO THE CITY WITHIN 45 DAYS OF SAMPLE COLLECTION; AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER CHARGE" , BY AMENDING SUBSECTION 53.130(G)(2), TO PROVIDE FOR A CHANGE IN THE COD FROM 600 mg-l 475 mg-l; AND TO REVISE THE SAMPLE ÇALCULATION; AMENDING SECTION 53.140, "PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE", TO PROVIDE FOR AN ANNUAL PUBLICATION AND AMENDING SECTION 53.140(1), TO PROVIDE FOR $100.00 FEE TO COVER THE COST OF PUBLICATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission, on May 3, 1994, passed and adopted Ordinance No. 22-94 which authorized the implementation of the Industrial Pretreatment Program; and WHEREAS, the United States Environmental Protection Agency reviewed Ordinance No. 22-94, and provided the City with suggested changes to bring the City's program into compliance with federally mandated requirements; and WHEREAS, the City desires to adopt the Environmental Protection Agency's suggestions pursuant to the comments contained in a letter to the South Central Regional Wastewater Treatment Plant on April 21, 1994. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 53, "Residential, Industrial and Commercial Waste", of the Code of Ordinances of the City of Delray Beach, Florida, be retitled "Sanitary Sewers", and the same is hereby amended to read as follows: 53.002 POLICY AND SCOPE. The policy is established that the provisions of this chapter will be enforced to the fullest extent possible under the pro- visions of Federal Pretreatment Regulations 40 Code of Federal Regulations, Part 403 and Florida Administrative Code Rules, 17-302, 17-600, 17-604, and 17-610 issued by the Florida Department of Environmental Protection Re9tlla~:i:on "FDEP". The standards set forth are minimum requirements to insure the general health and welfare of the public. 53.023 COMPLIANCE WITH STATE DEPARTMENT OF ENVIRONMENTAL RE6BhA~!eN PROTECTION AND OTHER CURRENT REGULATIONS. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Environmental Re9tlla~:i:on Protection. No permit shall be issued for any private sewage disposal system employing sub- surface soil absorption facilities unless it conforms to all current regulations. No septic tanks or cesspool shall be permitted to discharge to any natural outlet. 53.051 PROHIBITED DISCHARGES TO SEWERS. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (A) Flammable or explosive liquids or solids or gas, including but not limited to, gasoline, benzene, naptha and fuel oil or other material with a closed cup flash point of less than 140°F (60°C) , usinq the test method specified in 40 C.F.R. 261.21. 53.052 DISCHARGE OF CERTAIN WASTES RESTRICTED. No person shall discharge or cause to be discharged to any public sewer, the below described materials, waters, or wastes (collectively, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have 2 ORD. NO. 84-94 an adverse effect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a nuisance. The substances restricted are: ( A) Any liquid having a temperature higher than 150°F or causing the wastewater treatment plant influent to exceed 104°F. (B) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32°F and 150°F (O°C and 65°C) and provided further that the User complies with the requirements of the City's high strength sewer surcharge system. (C) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not. (D) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necessary after treatment of the composite sewage ·to meet the requirements of the state, federal, or other public agencies of jurisdiction for that discharge to the receiving waters. (E) Any garbage that has not been properly shredded. (F) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment, or personnel or any wastewater treatment works. (G) Any waste containing restricted substances in quantities in excess of the following limits and measured at the point of discharge into any sewer system, or any substance that will pass through the wastewater treatment works and exceed the state and federal requirements for receiving waters: PARAMETER LIMIT (first level) Maximum Limit Metals Antimony 2.0 mgfl Arsenic 0.9 mgfl Cadmium a..l 0.5 mgfl Chromium - Hexavalent 0.5 mgfl Chromium - Total 2..7 3.0 mgfl Copper 2.00 mgfl Iron 5.00 mgfl Lead a..69 0.9 Mgfl 3 ORD. NO. 84-94 . Mercury 0.01 mgfi Nickel 0.70 mgfi Selenium 0.25 mgfi Silver S-;-43-mgfi 1.0 Zinc 2.00 mgfi Parameter him:i:t:. Inorganics Ammonia 50 mgfi-fStlreharget-w- 100.0* Chloride 600 mgfi Cyanide 1 mgfi Cyanide Amenable to Chlorination 0.5 mgfi Fluoride 50 mgfi pH 5.5 - 9.5 Standard Units Orqanics Bioloqical Oxyqen Demand (BOD)220 mgfi-fStlreharget-w- 500.0* Chemical Oxygen Demand (COD) 440 mgfi-fStlreharget-w- 1,000.0* Oil and Grease 100 mgfi-fStlreharget-w- 100.0* Petroleum Hydrocarbons 25 mgfi Phenol 5.0 mgfi Phenolic Compounds, Total 0.5 mgfi Toxic Organic Compounds, Total %-;-S 5.0 mgfi, No one parameter over 1 mg/l ~otai-Aidehyde~----------------%5-mgfi Physical ~SS Total Suspended Solids 175 mgfi-fStlreharget-w- 500.00 Particle Size One-half inch or less Radioactive Elements None detectable All values in mq/ I except when otherwise stated. <} -é.. ~ ~-'i.'\.'E;::\ -L. l~)) 1 . ~:J0"\O", *Analytical results between "Limit (first level)" and "Maximum Limit" may be subject to hiqh strenqth sewer surcharqe. Results above the "Maximum Limi t to will be considered a violation of the City Ordinance with violators being published in "Public Notice" in a local newspaper and levied a high strength sewer surcharqe (Refer to Section 53.130(G)). W--Stlojeet-to-High-Strength-Sewer-Stlreharge-fRe£er-to-Seetion ---53-;-13Sf6tt-;- 4 ORD. NO. 84- 9 4 . 53.056 ADMISSION OF INDU~TRIAL AND COMMERCIAL WASTE. All Users of the sanitary sewers shall recognize and comply with the following: (A) The economy and desirability of the combined treat- ment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the City's policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes, or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required. The cost of which must be borne by the User receiving the benefits. (B) ( 1 ) Approval in advance by the City is required for the anticipated admission into the public sewers of industrial or commercial wastes having: a) A five-day, 20°C B.O.D. greater than 220 milligrams per liter or chemical oxygen demand (COD) greater than 440 milligrams per liter. b) A suspended solids content greater than 175 milligrams per liter. c) Ammonia nitrogen greater than 50 milligrams per liter. d) An oil/grease content greater than 100 milligrams per liter. e) A total toxic organic content of greater than 2- ~ milligrams per liter - with no one parameter over 1 milligrams per liter. (2 ) The User shall provide chemical analyses of the discharge according to a schedule to be established by the POTW and continued discharge shall be subject to approval of the City. 53.060 COMPLIANCE. ( A) Industrial Users shall provide necessary wastewater treatment as required to comply with this chapter and shall 'achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pre- S ORD. NO. 84-94 , treatment regulations and as required by the City. Industrial Users with integrated facilities shall comply with any alternative discharge limits as set by the City. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained solely at the User's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review at the request of the City. The review of those plans and operating procedures will in no way relieve the User from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the City prior to the User's initiation of the changes. (B) All records relating to compliance with pretreatment standards shall be available to officials of the City, the POTW, EPA, or FDERf upon request. 53.080 COMPLIANCE DATE REPORT. Within thirty (30) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public/sanitary sewer system, the User shall submit to the Utilities Director, a monitoring report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the User facility which are 1 imi ted by those pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards and require- ments are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the User into compliance with the applicable pretreatment standards or requirements. All monitorinq analytical results must be submitted to the City within 45 days of sample collection. This statement shall be signed by a registered professional engineer authorized to act on behalf of the User. 53.082 INSPECTION AND SAMPLING. The City, through its employees, is authorized to inspect the facilities of any User to ascertain whether all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their 6 ORD. NO. 84 - 9 4 , duties. The City, POTW, !!I~a~e FDEP BER, and EPA shall have the right to set up on the User's property those devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a User has security measures in force which would require proper identification and clearance before entry into their premises, the User shall make necessary arrange- ments with their security guards so that upon presentation of suitable identification, personnel from the City, POTW, DER~, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 53.130 USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE. (G) Calculation of Sewer Surcharge. ( 1 ) Calculation of the sewer surcharge shall be in accordance with the following: Percent of Affect Allowable Level of Parameter on Costs Sewage Strength BOD-5 41 220 mg/l (ppm) TSS 15 175 " " Ammonia 41 50 " " COD 41 440 " " Oil/Grease 41 100 mg/l (ppm) Let: F = F1 + F2 + F3 + F4 Where: F = The factor to multiply the sewer rate for a surcharge due to excess strengths. F1 = the strength factor for BOD-5 or COD, whichever is higher. F2 = the strength factor for TSS (total suspended solids) F3 = the strength factor for ammonia (total ammonia) F4 = the strength factor for oil/grease ( 2 ) The surcharge will be added to the sewer rate to develop the monthly cost per customer. As an example of sewer 7 ORD. NO. 84- 94 . . . charge calculations utili~ing sewer rate and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons¡ COD of 688 475 mg/l¡ BODS of 500 mg/l¡ total suspended solids of 900 mg/l¡ Ammonia at 100 mg/l¡ Oil/Grease at 200 mg/l; Prevailing monthly sewer rate is $1~5% 1.79 per 1,000 gallons (1) Sewer Rate: $1~5% $1.79/1000 gallons (100,000 gallons/month) = $15% $179/month (2) Sewer Surcharge Calculation: F1 = 0.41 (500-220) = 0.52 220 F2 = 0.15 (900-175) = 0.62 175 F3 = 0.41 (100-50) = 0.41 50 F4 = 0.41 (200-100) = 0.41 100 F = 0.52+0.62+0.41 + 0.41 = 1.96 (3) Total Monthly Charge (Sewer Rate Plus Surcharge): $15% $179/month + $15% $179/month (1.96) = $ 449~9% - - 529.84 53.140 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE The City shall publish at least one time annually, in the largest daily newspaper published in the City a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: (A) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a 6-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; (B) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of 8 ORD. NO. 84-94 . , . . wastewater measurements taken for each pollutant parameter during a 6-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except PH); (C) Any other discharge violation that the City believes has caused, alone or in combination with other discharges, inter- ference or pass through (including endangering the health of City personnel or the general public); (D) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City's exercise of its emergency authority to halt or prevent such a discharge; (E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (F) Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, 90 day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (G) Failure to accurately report noncompliance; (H) Any other violation(s) which the City determines will adversely affect the operation or implementation of the local pretreatment program. ( I ) A $100.00 fee shall be added to the water bill of a violator during the month in which the violation is published in the newspaper pursuant to subsection 53.140. Section 11. 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 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 13. That this ordinance shall become effective immediately upon its passage on second and final reading. 9 ORD. NO. 84-94 , PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. MAY 0 R ATTEST: City Clerk First Reading Second Reading ipp.ord 10 ORD. NO. 84-94 , COMMENTS FROM CITY' COMMISSION REGULAR MEETING OF OCTOBER 4, 1994 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. 11.B. Prom the Public. 11.B.1. Lillian Feldman, President of United Property Owners, asked when a public hearing will be held on Emergency Medical Services transportation issue. Mayor Lynch advised that the EMS issue will likely be works hopped in November, with a public hearing to possibly follow in mid-November. 11. B. 2. Jerry Marshall, Woodlake, stated that the inner path along the beach at the north end of A-I-A is crumbling in places, has badly patched repairs, and could be dangerous to pedestrians. The sidewalk is fine ¡however, the inner walkway needs to be fixed. 11.B.3. Jean Beer, Tropic Isle, inquired about the term of the Waste Management contract and asked when the City can expect to re-negotiate. The City Attorney stated the contract runs through September 30, 1996, with an optional renewal period. The City Manager stated the City will have the opportunity to go out for bid again in 1996. 11.B.4. Joe Weiss, Villages of Oriole, expressed concern over the beach parking permits and stated non-residents are willing to pay a fair share if necessary. " 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Randolph had no comments or inquiries. 13.A.2. Mrs. Smith encouraged people to use the new Combat Auto Theft Program (C.A.T.) available at the Police Department. 13 .A. 3. Dr. Alperin stated the operators of the bingo hall which had received conditional use approval with restrictions on hours of operation from the City, have applied for a permit from the County to locate in the K-Mart shopping plaza at the northwest corner of Atlantic Avenue and Military Trail. This location is still unincorporated and is across the street from the old Pharmor location approved by the City. Since the K-Mart center will probably be annexed at some point in the future and is in our planning area, Dr. Alperin suggested that a letter be sent to the County advising that the City had imposed certain conditions on this particular use and would want to have these same conditions put in place by the County. The restrictions on the hours of operation were imposed on the bingo hall's approval until they have proved themselves. Dr. Alperin expressed his feeling that the County's Planning Board should notify the City when they receive a request for something that will either impact or is located within the City's planning reserve area, and asked how this is being done at the present time. Diane Dominguez, Director of Planning and Zoning, advised that notices are generally received from the County on things like this and she determines which items should be brought to the Commission for review. In this instance, there is a hearing scheduled at the County for October 27th. She further stated that the conditional use approved by the City for the bingo hall at the Pharmor site is technically valid for another user to come in and operate under the existing approval. Ms. Dominguez suggested the use be specifically abandoned to prohibit this from happening, especially if the County approves the bingo hall at the K-Mart location. On further discussion, it was the consensus of the Commission to direct staff to inform Palm Beach County of the City's position on this matter. 13.A.4. MIIiYor Lynch asked the City Manager about the Andover Bridge. The City Manager stated he has asked the Planning Department to draft a response. 13.A.5. Mayor Lynch asked the City Attorney for a recommendation on the beach parking permits. The City Attorney stated the agreements are being researched and most likely there will be a change to bring back. -2- , · Mayor Lynch stated the entire issue of beach parking permits will need to be looked at again with a possible increase in the rate for residents and non-residents. The City Manager stated there are still some unresolved issues, but this is likely to çome back for the Regular Commission Meeting of October 18, 1994. Mayor Lynch asked the City Manager to provide numbers on what it costs to run the beach, pay the lifeguards, maintenance, etc. 13.B. The City Attorney had no comments or inquiries. 13.C.l. The City Manager stated that a meeting should be scheduled for October 25, 1994, to pass the Bond Resolution for the Utility Tax Bonds to finance the Golf Course Clubhouse, Tennis Center, and the Pompey Park Pool. He asked if the Commission would want to schedule further discussion on the EMS issue for the same date? The Commission concurred to hold a meeting on October 25, 1994, at 12:00 Noon to pass the Bond Resolution, but to set a separate time for the EMS issue. -3- 'I