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05-11-93 Regular , CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - MAY 11. 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments. However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commission retains the right to limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. 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, those individuals wishing to address public hearing and/or non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing 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 make your comments, kindly 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, for the record, your name and address. All comments will 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 from speaking further to the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by majority vote of the Commission members present. . City Commission Regular Meeting 5/11/93 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 does not provide or prepare such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. 5. Approval of Minutes: Regular Meeting Minutes of April 27, 1993 Special Meeting Minutes of May 4, 1993 6. Proclamations: A. National Safe Boating Week - June 6 through 12, 1993 B. Recognizing and commending Banyan Creek Community Elementary School C. Commending Colonel Ronnell O. Burgamy and designating June 6, 1993 as 3220th United States Army Garrison Day 7. Presentations: A. All-America City Award Program - Allstate Foundation 8. Consent Agenda: City Manager recommends approval. A. SUPPORT OF PALM BEACH COUNTY COMPREHENSIVE SUBSTANCE ABUSE PROGRAM: Authorize staff to submit a letter of support of the Palm Beach County Comprehensive Substance Abuse Program which is necessary to secure grant funds for the continuation of the program. B. AUTHORIZATION TO TRANSFER FUNDS FROM DECADE OF EXCELLENCE INTEREST EARNINGS: Authorize staff to transfer $7,714.39 from Decade of Excellence Interest Earnings and authorize the Finance Director to transfer future Interest Earnings as necessary to balance Decade of Excellence Accounts; subject to City Manager's approval. -2- . City Commission Regular Meeting 5/11/93 C. WAIVER OF SITE PLAN REVIEW FEES/FIND PARCEL MSA 645 C & 0: Approve a request from William Swaim for waiver of the site plan review fees for improvement required to the FIND Parcel in conjunction with the development of the Anchorage. /0. ACCEPTANCE OF EASEMENT DEED/WALLACE DODGE: Accept an easement for the extension of a sewer main in conjunction with the Wallace Dodge project. J E. RESOLUTION NO. 42-93: A resolution abandoning a 50 x 744.25 foot portion of the Queens Avenue right-of-way in conjunction with the Wallace Dodge final plat. /F. FINAL PLAT APPROVAL/WALLACE DODGE: Approve the final plat for Wallace Dodge located at the northwest corner of Linton Boulevard and S. W. 10th Avenue. Planning and Zoning Board recommends approval, subject to conditions. jG. WAIVER OF LANDSCAPE REOUIREMENTS/DELRAY MITSUBISHI: Approve a request for waiver of Section 4.6.16 (H)(3)(h) of the Land Development Regulations to allow the reduction of the number of interior trees required from 76 to 40 for Delray Mitsubishi. v1H. LANDSCAPE AGREEMENT/DELRAY MITSUBISHI: Approve an agreement with Delray Mitsubishi which defers the installation of the required 20 foot perimeter landscape strip along Federal Highway until such time as the proposed widening of Federal Highway is completed. /1. CHANGE ORDER NO. 2 AND REOUEST FOR FINAL PAYMENT/BOY SCOUT ~ Approve a change order in the net amount of $6,748.50 for plus/minus as-built quantity adjustments, additional miscellaneous changes to irrigation/landscaping and upgrade of electrical services to the contract with Asphalt Construction of Palm Beach, Inc. and approve the request for final payment in the amount of $7,248.50 for completion of the Boy Scout Hut/Enfield Road Improvements with funding from Decade of Excellence Bond Issue - Boy Scout Hut (Account No. 225-4141-572-61.37); pending budget transfer from Decade of Excellence - Street Reconstruction (Account No. 225-3162-541-61.17/$6,749). J. REOUEST FOR FINAL PAYMENT /NPDES APPLICATION: Approve the request for final payment in the amount of $3,083,37 to Northern Palm Beach County Water Control District for completion of Items A through E of the NPDES Application; with funding from Stormwater Utility Fund - Other Professional Services (Account No. 448-5411-538-31.90). K. CORRECTION OF FUNDING SOURCE - CHANGE ORDER NO. l/DUTCH CONSTRUCTION: Approve a change in funding source for Change Order No. 1 in the amount of $42,908 from 1992 Bond Anticipation Note - Redevelopment of Veteran's Park (Account No. 227-4126-572-61.63) to Decade of Excellence Bond Issue - Redevelopment of Veteran's Parks (Account No. -3- " . City Commission Regular Meeting 5/11/93 225-4126-572-61.63/$26,437) and Interest Earnings (Account No. 225-0000-361-10.00/$15,471). /L. MODIFICATION OF BID AWARD: Modify the bid awarded to Atlantic Ford Truck Sales for a Ford Dump Truck to include an automatic transmission at an additional cost of $14,500; with funding from Garage Fund - Automotive (Account No. 501-3312-591-64.20) . .1M. RESOLUTION NO. 40-93: A resolution assessing costs for abatement action require.d to demolish an unsafe structure at 511 N.W. 2nd Street. /N. RESOLUTION NO. 41-93: A resolution assessing costs for abatement action required to demolish an unsafe structure at 308 N.W. 1st Street. JO. RESOLUTION NO. 43-93: A resolution assessing costs for abatement action required to repair an unsafe conditions at 4095 N.W. 7th Court. P. AWARD OF BIDS AND CONTRACTS: 1. Advanced Life Support Vehicle - Highland Beach - Southern Ambulance Builders, Inc. in the amount of $83,122 with funding from the Town of Highland Beach. 2. Seven (7) Vehicles - Police Department - Duval Ford (via State Contract) in the amount of $95,605 with funding from Business Insurance Fund (Account No. 551-1575-591-45.50/ $8,500) and Garage Fund - Automotive (Account No. 501-3312-591-64.20/$87,105). Q. RENEWAL/EXTENSION OF HEALTH INSURANCE CONTRACT: Extend the present health insurance contract with Anthem, as amended with new stop loss premiums and administrative costs, until September 30, 1994. R. AGREEMENTS WITH PALM BEACH COUNTY PRIVATE INDUSTRY COUNCIL: Approve agreements with Palm Beach County Private Industry Council for the summer work program. 9. Regular Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period April 26, 1993 through May 7, 1993. B. PROJECT SELECTION FOR INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) ENHANCEMENT FUNDING: Consider the proposed project list to be used to, seek Federal ISTEA Enhancement Funding. -4- '. City Commission Regular Meeting 5/11/93 ~C. CHANGE ORDER NO. 2/S.I. NICHOLAS. INC.: Consider a change order in the amount of $15,171.58 and which extends the contract completion date by 20 calendar days for S.I. Nicholas, Inc. for miscellaneous revisions to the Fire Station Headquarters project; wi th funding from 1992 Bond Anticipation Note - Central Fire Station (Account No. 227-2311-522-61.56). City Manager recommends approval. /D. REPORT CARD PROGRAM: Consider adopting a report card program -/ which allows two to three hours of compensatory time from work for employees to meet with teachers twice a year when report cards are issued or conferences are requested. E. SELECTION OF NOMINEE TO SERVE ON THE FLORIDA LEAGUE OF CITIES BOARD OF DIRECTORS REPRESENTING THE PALM BEACH COUNTY MUNICIPAL LEAGUE: Nominate an elected official to serve on the Florida League of Cities Board of Directors representing the Palm Beach County Municipal League. / F. APPOINTMENT TO THE POLICE AND FIRE PENSION BOARD OF TRUSTEES: Appoint a member to the Police and Fire Pension Board of Trustees to fill the expired term of John M. Duane. 10. Public Hearings: ~. ORDINANCE NO. 38-93: An ordinance amending the City's Code ~to provide for a one-time five percent (5%) increase for Police and Fire retirees and beneficiaries of retirees who retired prior to October 1, 1990. 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: J A. ORDINANCE NO. 37-93: An ordinance amending Section 110.06, "Persons Not Required to Pay Full Fee", of the City's Code to provide an exemption for non-resident persons from paying additional fees; and, amending Section 110.15, "License Tax Schedule", by adding two new categories. If passed public hearing May 25th. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -5- . - [ITY DFDELRAY BEA[H -< , :::: -....- PROCLAJ1A r[o\ WHEREAS, water-related recreational activities are vital elements in the lives of the citizens of the City of Delray Beach, Florida; and, WHEREAS, Florida's 8400 miles of saltwater tidal coastline, 3 million acres of inland lakes and 11,000 miles of rivers and streams provide for many of the needed outlets for recreation and relaxation; and, WHEREAS, recreational boating is one of Florida's leading outdoor activities with more than 4 million residents participating in this pastime; and, WHEREAS, Florida is the fastest growing recreational boating state in the nation with over 718,000 registered vessels and increasing at over 10,000 vessels each year; and, WHEREAS, every year lives are lost in boating accidents in spite of the educational efforts of the Florida Marine Patrol, u. S. Coast Guard, U. S. Coast Guard Auxiliary, U. S. Power Squadrons, Florida Game and Fresh Water Fish Commission and local agencies; and, WHEREAS, The Florida Marine Patrol, U. S. Coast Guard, U. S. Coast Guard Auxiliary, U. S. Power Squadrons, Florida Game and Fresh Water Fish Commission and other cooperating agencies and groups have developed and are now executing campaigns in this field; and, WHEREAS, The Florida Marine Patrol and the Florida Game and Fresh Water Fish Commission are the sponsors of the "Be a Bobber", "Sinkers are Stinkers" program to teach children and their parents the importance of wearing Personal Floatation Devices, the practice of other safety measures; and, WHEREAS, the sponsors of these safety programs have addressed their efforts to the youth and general public of Florida, urging them to enhance boating pleasure and avoid possible loss of life and property damage; and, WHEREAS, we, the citizens of the City of Delray Beach, Florida, affirm and support the goals of National Safe Boating Week. 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 June 6, 1993, as "NATIONAL SAFE BOATING WEEK" in the City of Delray Beach, Florida, and urge all citizens who use our waterways to join in learning and practicing safe boating and in having their boats inspected for proper safety equipment. 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 11th day of May, 1993. MAY 0 R THOMAS E. LYNCH IaA ., . [ITY DFDELRAY BEA[H ~ 00 ~, :'i ;. :::~,;_:: ,-=)~ - .::;:.-=:. ::3=;;"I,~~ ::. ,".:;:'; ~..:.. ,,:':;.:1..1..1 PROCLA.11A TIO.\ WHEREAS, Banyan Creek Community Elementary School has been chosen by Redbook Magazine as one of the Country's leading elementary schools; and, WHEREAS, Banyan Creek was one of 21 Florida schools nominated by the State Department of Education, receiving recognition for its parent/community involvement; and, WHEREAS, this involvement boasts 500 PTA Members and nearly 200 volunteers; and, WHEREAS, this dedication made it possible for the school to add many low-cost programs in its efforts to make education as accessible as possible to everyone; and, WHEREAS, Banyan Creek offers morning and afternoon care, a multitude of music programs, supports the After School Tutorial Program and held a fund-raising event in early March, which raised $25,000. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby congratulate the staff, students, PTA members and volunteers of Banyan Creek Community Elementary School for their dedicated efforts for America's Best 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 11 th day of May, 1993. MAY 0 R THOMAS E. LYNCH SEAL ~J3 ., [ITV DFDELRAY BEA[H .-' ) = . '-':: .-- -."'" -. '_ --< - ~,..:..: =.,.'l. ;-l..:'~ PROCLLl1A TIO\ WHEREAS, the 3220th United States Army Garrison, United States Army Reserve, headquartered at 3181 Gun Club Road, West Palm Beach, Florida 33406, is holding its change of command ceremony on June 6, 1993; and, WHEREAS, the outgoing unit commander, Colonel Ronne11 O. Burgamy has lead the unit for the past four years, during both Operation Desert Shield/Desert Storm and Operation Hurricane Andrew Relief; and, WHEREAS, the unit has a proud history of helping America during its time of need. In the earliest days of Operation Desert Shield, a "Raging Bull" (mobilization) message was received at 0350 hours on 25 August, 1990, approximately 25 minutes after the release of the executive order for the presidential call-up. This is why the unit's motto: "First to Mobilize"; and, WHEREAS, during Operation Desert Shield, and the subsequent Desert Storm, the 3220th served proudly at Fort Stewart, Georgia, acting as Garrison, and also playing a pivotal role in the deployment of units overseas, and arranging for their return after the war; and, WHEREAS, during the aftermath of Hurricane Andrew, the Garrison acted as command and control for all Army Reserve efforts in South Florida, and through its subordinate units gave the first military engineering support to the devastated areas, acted as ground guides for incoming regular Army units, identified and cleared tent city and emergency kitchen areas, and provided transport and delivery for food, water and medical services to countless individuals; and, WHEREAS, the outgoing commander is to be congratulated for his outstanding services, and the incoming commander, who also served as Task Force Command of Operation Hurricane Andrew Relief, is to be congratulated upon his assumption of command. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby congratulate Colonel Ronnell O. Burgamy, the outgoing commander, and hereby thank. him for his services to South Florida and to our country. Commend LTC (P) George W. S. Read, the incoming commander, for the honor of coming to command such a fine unit. That the soldiers and the families of soldiers of the 3220th United States Army Garrison are commended for their services and sacrifices for South Florida and the United States of America. That the date of the Change of Command at the 3220th United States Army Garrison, June 6, 1993, is hereby designated as "3220th United States Army Garrison Day" in the City of Delray Beach, Florida, and all the citizens of our city are encouraged to celebrate this day by attending the Change of Command Ceremony at 11:00 A.M., June 6, 1993, at the Football Field, John I. Leonard High School, 4701 10th Avenue North, Lake Worth, Florida. 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 11th day of May, 1993. MAYOR THOMAS E. LYNCH ~ " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # S'tf - MEETING OF MAY 11. 1993 SUPPORT OF THE PALM BEACH COUNTY COMPREHENSIVE SUBSTANCE ABUSE PROGRAM DATE: May 7, 1993 This item is before you to authorize staff to forward a letter to the Palm Beach County Sheriff's office in support of the Palm Beach County Comprehensive Substance Abuse Program. The State of Florida was awarded federal Anti-Drug Abuse Act grant funding in the amount of $12,515,675, of which $699,467 was allocated to Palm Beach County. As a part of the grant application process, the Sheriff's office is required to obtain letters of support from at least 51% of the local units of governments, which also represent at least 51% of the population. In previous years the City has received funding for the MAN (Multi-Agency Narcotics Unit). Recommend authorization to forward a letter to the Palm Beach County Sheriff's office in support of the Palm Beach County Comprehensive Substance Abuse Program. '. Delray Beach Police Department 300 West Atlantic Avenue · Delray Beach, Florida 33444.3695 (407) 243-7888 Fax (407) 243.7816 MEMORANDUM TO: Executive Assistant Cheryl Leverett CITY CLERK'S OFFICE FROM: Major Richard M. Lincoln D Administrative Bureau THRU: Chief Richard G. Overman DATE: May 7, 1993 SUBJECT: ANTI-DRUG ABUSE FUNDING/M.A.N. UNIT For the past three (3 ) years the Delray Beach Police Department has participated in the M.A.N. Unit through additional funding provided through the Anti-Drug Abuse Act. This funding has allowed for us to have all personal costs related to a Delray Beach Police Officer being assigned to the M.A.N. Unit at no expense to the City. This arrangement has allowed for additional narcotics enforcement efforts, both within the City of Delray Beach and Palm Beach County as a whole. This arrangement has also allowed for significant revenues to come to the City of Delray Beach each year when M.A.N. Unit seizure/forfeiture disbursements are made to participating agencies. vIs COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE '. (-' r . :?'e.(,-~, 1\ '. . 4/27/93 TO: Police De~,rtment to prepare for an agenda item. / , c :CitYJ<,~~~07/;-'> RICHARD P. WILLE SHE R IFF ~:J'~~'{{ PALM BEACH COUNTY SHERIFF'S OFFICE t ~ ~,: J 1 3228 GUN CLUB ROAD P.O. BOX 24681 'r,..2;~~~~ WEST PALM BEACH, FL33406-3001 WEST PALM BEACH, FL33416-4681 RAB 'mld."~ .~ PALM BEACH COUNTY " ''', (407) 688-3000 RE~t:.,VED April 22/ 1993 APR 2. 7 \993 Mayor Thomas Lynch CITY COMMISSION City of Delray Beach 100 N. W. First Avenue Delray Beach, Florida 33444 Dear Mayor Lynch: The State of Florida has been awarded federal Anti-Drug Abuse Act grant funds for fiscal year 1992-93 totalling $12,515,675. Based on the provisions of Rule Chapter 9G-16 governing the administration of these grant funds, the Department of Community Affairs, Bureau of Public Safety Management has allocated $699,467 to Palm Beach County for use by all units of government within the county. Rule Chapter 9G-16 F.A.C. requires that as a condition of participation in this program, the units of government within each county must reach a consensus concerning the expenditure of these funds, including the project(s) to be implemented and the agency responsible for this implementation. The Sheriff's Office is asking for your support and assistance in securing the grant funds for the continuation of the Palm Beach County Comprehensive Substance Abuse Program. As part of the application process, letters of support from at least 51 % of the local units of government, which also represents at least 51 % of the population, must accompany the submission of application. . To assist you, a sample letter is attached. Your letter will be included in the grant application, therefore it should be returned to the Sheriff's Office by May 12, to the attention of: Georgette B. Carroll, Director Bureau of Budget and Planning Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, Florida 33406-3001 If you have any questions, please contact Diana Newcomer at 688-3131. ~(J' Richard P. Wille, She~ cc: Bevin Beaudett>Peputy County Administrator ,otl-.q~{:"...., ~ . ~. ~ :ff ',.........\. ,I.... -,\ ~ .". ,_.- "-, ~ ~\ '-~1I.'-' Q ..: 01 ';'~ ~ \, o . u; ,2i:,i . .1 .,>; '~( ::: ... \ J. ~'I~.:';' -< '" z -< \ /l' ~;~ . () " i!' 0.0 .;:-- >>- ----c.~\o ..>> ~. tJ( CrlON ",,\, y.,<i CORRl' CIVIL t;ORlh i It; OQUARTl:Y' SOUTli WEST 30C: N. DiXlf! :.1A8 P.G.A E;iI', . ;./Ei Gun Cluh fi<: 0/' So. Congresf- 3~840 S.R. au 355.27f\~ (-0<'6.6900 6.RB?nnt1 27/:-1075 996.1670 - " --. ., l1p.--<t''- 4/2~/93 TO: Police Departmen~1 c: City Ma~ager .' #;>;"'<- RICHARD P. WILLE ":'-'\."\-~\. "~ ef4,',~.:.? ~..-r- SH ERI FF ~\~~." ~;.(,.'?~ PALM BEACH COUNTY SHERIFF'S OFFICE ! ~f , 3228 GUN CLUB ROAD P.O, BOX 24681 ..,. .....j ''-..."-,u~ \~ WEST PALM BEACH, FL 33406-3001 WEST PALM BEACH, FL 33416-4681 RAB : mId .^";- --.~ PALM BEACH COUNTY .'~, (407) 688-3000 RE.~t' \iED April 27, 1993 APH ( ij \993 Mayor Thomas Lynch CITY COMMISSION City of Delray Beach 100 N. W. First Avenue Delray Beach, Florida 33444 Dear Mayor Lynch: Recently, your office received a letter from the Palm Beach Sheriff's Office requesting your support and assistance in securing Anti-Drug Abuse Act funds for the continuation of the Palm Beach County Substance Abuse Program, consisting of the Multi-Agency Narcotics (M.A.N.) Unit and the Substance Abuse Awareness Program (SAAP). As part of the application process, letters of support from at least 51 % of the municipalities representing at least 51 % of the county population must accompany the application submission. It has come to the attention of the Sheriff's Office that the City of West Palm Beach has also submitted letters requesting support for their HOPE program. The primary target for the Anti-Drug Abuse Act funds is to have a county wide impact on drug control and drug related violent crimes. As such, for the last three fiscal years, Palm Beach County has supported two programs serving the entire law enforcement community. Currently, there is a $250,000 grant for community halfway house beds associated with the Substance Abuse Awareness Program and $633,368 for the M.A.N. Unit which, while conducting investigations in all municipalities as requested, provides the salaries of police officers from seven of the municipalities. In fiscal year 93-94, it is the county's intent to continue to fund these programs. The total amount available to Palm Beach County is $699,467. The required match is 25 %, however, due to the limited fund availability, these programs have been funded up to 50% by the Sheriff's Law Enforcement Trust Fund since its inception. I encourage your continued support of these worthwhile c.ounty wide programs and look forward to receiving your endorsement letters. o~,.PI\l'1"C09. ~ . ~<?~ J". ..., ~?.......-: (;:~~~:~7 ~'t~ ( 1..._.... _.~_,\ \ <~ 1- ~ : 'fJ5' A{};_",~"'_,' f ~ ' " ~.~'llj " .. '" < ~, '~,,~I!,>' :~: 7. .. U ~ (\ ~. ',. .... .,. -'" o .::: "'o~. '_ .' \0"" . ' ~j;: :;(~ +>-i'r y,"~ CDRRI'.<;" ('!ION"'- CIVil l'-it>H~: ~~ i' ;:C<ur,RTEP::.:' ::'.()(r~ (I WES'l 300 N. DiA'( F-',(3 !.l, h:',',,, '-::'/~, Gu. Club Pc' :::<.::,. (:cr:i~::1r(;::: 38840 S.R. 80 355.~:-;(:f t~7t~.,f~_:('ln :'7Ii-":07b 996,1670 '. . . , Municipal letterhead John A. Lenaerts, Chief Bureau of Public Safety Management Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Dear Mr. Lenaerts: In compliance with Rule 9G-16.003 (4) (d), (City or County) approves the distribution of $699,467 of Fiscal Year 1993 federal Anti-Drug Abuse Act Funds for the following projects within Palm Beach County: SUBGRANTEE: PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS PROJECT TITLE: PALM BEACH COUNTY COMPREHENSIVE SUBSTANCE ABUSE PROGRAM RE: MULTI-AGENCY NARCOTICS UNIT (MAN) SUBSTANCE ABUSE AWARENESS PROGRAM (SAAP) Sincerely, Mayor -, . [IT' DF DELHAY BEA[H 1 00 'J'N 1 itA \I !::\i U E . DELRAY B!::ACH FLORIDA 33444 . 407243-CC::00 May 12, 1993 Georgette B. Carroll, Director Bureau of Budget and Planning . Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, FL 33406-3001 Dear Ms. Carroll: At the May 11, 1993 regular meeting, the City Commission of the City of De1ray Beach approved the request from the Palm Beach County Sheriff's Office with regard to the expenditure of funds under the Federal Anti-Drug Abuse Act. The letter of support has been executed by the Mayor and is being forwarded to you as requested. Sincerely, Ok;" 1bdit ~~ ALISON MACGR~ HAR Y City Clerk Attachment AMH : c 1 THE EFFORT ALWAYS MATTERS '. . ' .. [ITY DF DELIAY BEA[H 100NW lstAVENUE . DELRAY BEACH, FLORIDA 33444 . 407243- 7000 May 12, 1993 John A. Lenaerts, Chief Bureau of Public Safety Management Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 Dear Mr. Lenaerts: In compliance with Rule 9G-16.003 (4)(d), the City of Delray Beach approves the distribution of $699,467 of Fiscal Year 1993 Federal Anti-Drug Abuse Act Funds for the following projects within Palm Beach County: SUBGRANTEE: PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS PROJECT TITLE: PALM BEACH COUNTY COMPREHENSIVE SUBSTANCE ABUSE PROGRAM RE: MULTI-AGENCY NARCOTICS UNIT (M.A.N.) SUBSTANCE ABUSE AWARENESS PROGRAM (S.A.A.P.) %Zu ~ E. L~ Mayor TEL:cll THE EFFORT ALWAYS MATTERS " '. ~ .' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # <;:B - MEETING OF MAY 11. 1993 AUTHORIZATION TO TRANSFER INTEREST EARNINGS - DECADE OF EX- CELLENCE BOND ISSUE DATE: Ma y 7, 1993 This item is before you to approve the transfer of $7,714.39 from Decade of Excellence Interest Earnings and to authorize the Finance Director to make future transfers necessary to balance Decade of Excellence Accounts. The $7,714.39 transfer is necessary in order to cover an overrun in the D.O.E. N.W. Drainage Account. Additionally, there was a request f rom the Finance Director for authorization to make future transfers from Interest Earnings in order to balance the accounts within the Decade of Excellence. If the Commission should authorize this request, it is my recommendation that the transfers be subject to approval by the City Manager. Recommend approval of the transfer of $7,714.39 from Decade of Excellence Interest Earnings and authorize future transfers from Decade of Excellence Interest Earnings by the Finance Director subject to approval by the City Manager. '. . ~ . . . Agenda Item No.: AGENDA REQUEST Date: 04-27-93 Request to be placed on: ' X Regular Agenda Special Agenda Workshop Agenda When: 05-11-93 Description of agenda 1 tern (who, wha t, where, how {lluc~): Authorize transfer from Interest Earnings to the NW Drainage account 1n t e Decade of to the D.O.E. En ineering Division for 7,472. A so request ng aut or za on for the Finance Director to approve future requests tor tund1ng from Phase I of the Decade of Excellence. Current balance is $34,191.82. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: (1) To approve Budget Transfer of $7,714.39. (2) To allow Finance Director to transfer tuture balances in interest earnings to accounts. Department Head Signature: . Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: D.O.E. Interest Earnings 225-0000-361-10.00 Account Balance: $34,191.82 City Manager Review: Approved for agenda: c!9>/ NO 8'11 Hold Untl1: Agenda Coordinator Review: Recelved: Action: Approved/Disapproved '. I. I ...~.", - " MEMO From CITY MANAGER'S OFFICE To: } '1f ' Date: .-/ (93 (j) ~~tt ~ ~. ~/~ ~LI~~_ (j;) ~--tl ~ ~ t-~ ~t~~ ~~~r- ~ Qo. ftk~~~~? ~, A.b~! :::::s-s::. ' CD R ' )-t~Y~0 '~I:) ~ c":;.r ?<l..n.r~ OVT .f 7 +7 'L J -ro t-o V 'U).. ~b ~ Nc:... -:t-~ ~ t. ; N..S "zc 10 fl- -> . ~~5 A Tf'\O'\J"-'T Ne5'\;J ~L'"2..~.f)S ()~L5ZA..:if 0\1 "Z~ to , o A bw-c-=--\) -- Vn.Jr~<;kNT fSAL[\'\;tE- <. 7;;0 K. ~ . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM it <is. c" - MEETING OF MAY 11. 1993 WAIVER OF SITE PLAN PROCESSING FEE/FIND PARCEL MSA 645 C & 0 DATE: May 7, 1993 We have received a request for waiver of the site plan processing fee for improvements to FIND Parcel MSA 645 C & 0, required in conjunction with the development of The Anchorage project. The improvements proposed to the FIND Parcel include full tidal flushing, natural mosquito control, creation of a suitable habitat for native marsh/mangrove plantings, and rip rap to stabilize the eroding beach line. It is Mr. Swaim's contention that as the work to be performed is on public land, and because the City cannot change the plans for the FIND parcel, the site plan processing fee should be waived. At the September 11, 1990, regular meeting the Commission adopted a resolution which supported the development of the Donnelly Tract, a nature preserve located just south of The Anchorage project. In addition, the Commission also waived all fees pertaining to the development of this tract. In light of that action, staff recommends that the fees be likewise waived for the FIND Parcel. A detailed staff report is attached as backup for this item. Recommend approval of the request for waiver of the fee for site plan review and other City fees associated with improvements to the FIND Parcel MSA 645 C & D. 'f . (/ t/ \ e;L1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: FROM: II SUBJECT: MEETING OF MAY 11, 1993 WAIVER OF SITE PLAN PROCESSING FEE **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a request for waiver of the site plan fee for FIND Parcel MSA 645 C & D. The subject property is located along the eastern side of the Intracoastal Waterway, south of the 8th Street Bridge. BACKGROUND: Associated with the proposed development of the "17 acre parcel" called "The Anchorage" are certain off-site improvements to FIND Parcel MSA 645 C & D. These improvements consist of full tidal flushing, a higher level of natu~al mosquito control, creation of a suitable habitat for native marsh/mangrove planting, and rip rap to stabilize the eroding beach line. These improvements are proposed to be for mitigation of The Anchorage project. The FIND mitigation project was received on March 5, 1993. On March 22, 1993 the applicant was written a letter notifying him of outstanding submission items. Included within this letter is an $800 processing fee ($500 plus $100 per acre beginning at 5.01 acres). The site plan fee was imposed due to the fact that there had been no previous arrangements for waiver of fees associated with the development of the FIND parcel. On April 19, 1993 the applicant, William Swaim, provided a letter requesting the waiver of the site plan fee. Mr. Swaim's stated reason for the waiver request is because the work to be performed is on public land and that because of the permitting requirements the City can not change the plans for the FIND parcel. '. . . City Commission Documentation FIND Parcel 645 MSA C & 0 - Waiver of Fees Page 2 ANALYSIS: On September 11, 1990 the City Commission adopted Resolution 84-90. This resolution supported The Anchorage concept. The resolution also urged Palm Beach County - Department of Environmental Resource Management and Florida Department of Environmental Regulation to approve the necessary permits involved with The Anchorage. The City Commission also adopted Resolution 85-90 which supported the development of the Donnelly Tract, a nature preserve, located just south of The Anchorage project. In addition to supporting the Donnelly Tract, the Commission also waived all City fees pertaining to the development of the tract. In light of the Commission's view to support the improvement of public land at the Donnelly Tract, it is within reason to support the waiver of fees on FIND Parcel 645 MSA C & D. RECOMMENDED ACTION: By motion, approve the waiver of any and all applicable City fees associated with the development of the FIND Parcel 645 MSA C & D. Attachment: * Waiver Request Letter & Response Letter T:FINDFEE.DOC ., ~ 4/20/93 To: David Kovacs. WILLIAM SWAIM & ASSOCIATES To: Alison Harty. For your response and ... INCORPORATED Possible Agenda item 4/27/9 preparation of Agenda Request. INVESTMENT BUILDERS' DEVELOPERS if appropriate. (sk for DTH) cc: Robert A. Barcinski RECEIVED April 19, 1993 4PR 2 1 '99J CITY MANAGER'S OFFICE Mr. David Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33483 Project: "The Anchorage" Delray Beach, Florida Subject: Site Plan Review Plan Fee Dear David: Pursuant to David Kovacs Letter of March 22nd, we are requesting a waiver of the $800 review fee. We are requesting this because the work to be performed is on public land and that because of the permitting requirements the City does not and cannot change the Plans. We appreciate your efforts and hope that this matter can be resolved expeditiously. I f you have any questions or need any additional information, please don't hesitate to call @ 395-7289. _.__ - U.__ William B. Swaim President 5685 PACIFIC BOULEVARD, SUITE 2303 BOCA RATON, FLORIDA 33433 407-395-7289 '. [ITY OF OElRAY BEA[H 100 N W 1S1 AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243.7000 April 21, 1993 William B. Swaim, President William Swaim & Associates 5685 Pacific Blvd - Suite 2303 Boca Raton, FL 33433 Re: Request for Waiver of Fees Dear Bill, Your request for waiver of certain site plan processing fees as contained in your letter of April 19th, 1993, will be set forth as a "consent" item on the next available agenda of the City Commission. That meeting is May 11th. The staff recommendation will be that of approval. You may obtain a copy of the staff report from the Planning and Zoning Department on Friday, May 7th. Sincerely, "" \ "~\ l ~ I -.---r- _. 117'.--':.-<, . . ~::l....t -~ David T. Harden City Manager DTH/dlm c: David Kovacs, Director of Planning DJK/SWFEE.DOC T ,- r- - ,. - c- - '1 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERFr-r SUBJECT: AGENDA ITEM i 8'"]) - MEETING OF MAY 11. 1993 ACCEPTANCE OF EASEMENT DEED/WALLACE DODGE DATE: May 7, 1993 This item is before you to accept an easement deed in conjunction with the Wallace Dodge project. The easement deed is necessary in order to allow the extension of a sanitary sewer line into the Wallace Nissan site. The deed has been executed by the property owner and is now ready for Commission acceptance. Planning and Zoning Board review is not required for easement deeds. Recommend acceptance of an easement deed in conjunction with the Wallace Dodge project. ., .. . \ ,1 i1\- I C I T Y COM MIS S ION DOC U MEN TAT ION TO: DA~ T. HAR~EN, CITY MANAGER i ,( It{ vkvri!('c,--' ,~. ~L;{(C'~ THRU: D J. ~'DIRECTOR DEPARTME Fl. LANNING AND ZONING FROM: VE E. ~ YLOR PLANNING TECHNICIAN II SUBJECT: MEETING OF MAY 11, 1993 ACCEPTANCE OF EASEMENT DEED **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of acceptance of an easement deed, associated with the Wallace Dodge expansion. The project is located at the northwest corner of Linton Boulevard and S.W. 10th Avenue. BACKGROUND: Involved with the site plan for Wallace Dodge, approved by the Site Plan Review and Appearance Board on January 27, 1993, and the final plat for Wallace Dodge, certified by the Planning and Zoning Board on February 22, 1993, is the acceptance of an easement deed. The easement deed is required in order to cover the extension of an 8" sanitary sewer line 244' into the Wallace Nissan site. The line must be extended to provide sewer service to the proposed buildings on the Wallace Dodge site. The deed has been executed by the property owner and is now ready for Commission acceptance, along with the final plat. PLANNING AND ZONING BOARD CONSIDERATION: Planning and Zoning Board review is not required for the acceptance of easement deeds. However, the issue of providing sewer service to Wallace Dodge and the need for this easement deed were discussed when the Planning and Zoning Board certified the final plat on February 22, 1993. . City Commission Documentation Easement Deed Acceptance - Wallace Dodge Page 2 RECOMMENDED ACTION: By motion, accept the easement deed to cover to extension of the 8" sanitary sewer main 244' into the Wallace Nissan site. Attachment: * Easement Deed & Location Map T:WDESMT.DOC EASBMEH'l DBED THIS IBDBJlTURB, made this 16th day of April , 1993, by and between BILL WALLACE RISSAR, IRC., party of the first part, and the CITY OF DBLRAY BEACH, a Florida municipal corporation in Palm Beach County, State of Florida, party of the second part: WITRESSBTB: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: sanitary sewer with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such sanitary sewer under, through and within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTIOR An Easement 12 feet wide over and across a part of the Plat of Bill Wallace Nissan, according to the Plat thereof recorded in Plat Book 56, Page 91 of the Public Records of Palm Beach County, Florida, the centerline of which is described as follows: Commence at the northeast corner of said Plat of Bill Wallace Nissan: Thence S.2000'01" W., along the east line of said plat, 70.47 feet to the point of beginning; thence N.76059'26"W., 65.18 feet to the east line of the 12 foot sanitary sewer easement as shown on said plat of Bill Wallace Nissan and the point of ending of said centerline. The sidelines of said easement to be extended or shortened to terminate at the said east line of the Plat of Bill Wallace Nissan and to terminate at the said east line of the 12 foot sanitary sewer easement. 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. 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 party of the first part also agrees to erect no building or effect any other kind of construction 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 WBEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESSES: PARTY OF THB FIRST PART .' ~\, ,. BIT~ \J \ ~ I. : /, . jt ( l BY: Gloria Siu William L. Wallace (Printed Name of Witness) (Printed Name) ITS: PreRident P.O. Box 9002 Delray Beach, FL 33447-9002 -:J ~ Address --7/-,.f ,~ i'''' / c"t,~~C<..1 . C7a,1.. nZr/ll/C'es [{IGnA! (Printed Name of Witness) STATE OF Florida ) ) COUNTY OF Palm Beach ) . ~ Th~eqiinq instrument was acknqwledqed tef, o,e ,me this I t.: i-k day of ' ~l-I , 1993 by U/l&.n, L. .:'\./ u, , of Bill Wallac Nissan, Inc., a Florida corporation, on behalf of the corporation, who is personally known to me or who nas produ~ed - as iacatificatioft- and who Me/did not take an oath. Cf~. ~~ j<<otary Public Printed Signature of Notary MC" E' --- Y omml.SSl.on xpl.res: r ,',"";", ,.,- -'-'--:-'-;;-~;~'.'-":S-<-E'J I' ..,?o~ ;>, " oJ,!'4..... '.h.. r,1I'\".J l (::.:....,:~: ., OOM..~'''' """'" I ~:; :2:, :.J EX?I"IES: I};"JJber 28, 1995 --:.-~':r...t: -'j/,':'::" ". . '. '.:,., ;;".,,~.., I!t"lOO1 Thm Nlll8!Y Pub';c 'Jr;l!aiW'h8~J ',,,,.,,., - -;.;....--.. ,. ;';- :;~%~':~:c~i:~<;~-.~":YL '~:7S7J-.'cj:'~~~~~~:' .... - .,', ,:;;:T.< ___'::' """',",' .... t1"ll"'0> t1 ~c~~ cenz~~g ">"~z " _ 1I:>01ll >>.".". 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SUBJECT: AGENDA ITEM # ~E - MEETING OF MAY 11. 1993 RESOLUTION NO. 42-93 DATE: Ma y 7, 1993 This is a resolution vacating and abandoning a portion of the right-of-way for Queens Avenue located between Wallace Drive and S.W. 10th Avenue. The issues involved with the Queens Avenue abandonment are providing replacement easements for the existing utilities, ensuring access is prov ided to lots of record (13 existing lots) , and accommodating the potential for a replacement east/west right-of-way. These issues will be resolved through the replat of Wallace holdings, which is placed elsewhere on the agenda for approval. As a result of the replat action, the negative effects of the abandonment should be mitigated. The Planning and Zoning Board at their February 22nd meeting recommended approval of the abandonment, subject to conditions. A detailed staff report is attached as backup material for this item. Recommend approval of Resolution No. 42-93 abandoning a portion of the Queens Avenue right-of-way, subject to the conditions recommended by the Planning and Zoning Board. .. . . [1J{ fJl1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: .DMq:D T. HARDEN, CITY MANAGER (\ . '. '- kd~~ j(,U'~ ~ THRU: D D J~ KOVACS, DI ECTOR ~~PLANNING AND ZONING FROM: SEE. OR PLANNING TECHNICIAN II SUBJECT: MEETING OF MAY 11, 1993 ABANDONMENT OF RIGHT-OF-WAY **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of a portion of the Queens Avenue right-of-way. The subject right-of-way is located north of Linton Boulevard, east of Wallace Drive. BACKGROUND: On January 27, 1993 the site plan for Wallace Dodge was approved by the Site Plan Review and Appearance Board, subject to conditions. During the review process of the site plan, the need to abandon approximately 50'x 744.25' of the Queens Avenue right-of-way was identified. The abandonment petition was received in November, 1992, and several issues were identified, such as access to existing lots of record, the need for replacement easements, the possible need for a replacement right-of-way, and a replat of the Wallace holdings. For more detailed information, please see the attached Planning and Zoning staff report. PLANNING AND ZONING BOARD CONSIDERATION~~ , The Planning and Zoning Board formally reviewed this item at its meeting of February 22, 1993. The Board approved the abandonment request, subject to the following conditions: 1. That this abandonment shall not become effective until the replat of the Wallace holdings has been approved and can be recorded. '. City Commission Documentation Queens Avenue Abandonment Page 2 2. That replacement easements be provided with the replat for the existing FPL, Southern Bell, and sanitary sewer facilities. 3. That a 50' east/west right-of-way reservation be provided along the north property line with the replat. All conditions of approval have been incorporated within the replat of Wallace Dodge, which is also before the Commission. RECOMMENDED ACTION: By motion, approved the abandonment of the eastern 744.25' of the Queens Avenue right-of-way through the enactment of Resolution -93, subject to the conditions of approval as put forth by the Planning and Zoning Board. Attachment: * P&Z Staff Report T:QUEENSCC.DOC . RESOLUTION NO. 42-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE RIGHT-OF-WAY FOR QUEENS AVENUE AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREINj PROVIDING FOR CERTAIN CONDITIONS. WHEREAS, Michael S. Weiner, Esquire, as duly authorized agent for Bill Wallace Ford, Inc. , has made application for abandonment of a portion of the right-of-way for Queens Avenue as the same is more particularly described herein; and, . WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public purpose of right-of-way and deems it to be in the best interests of the City of Delray Beach to vacate and abandon said right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Ghapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon . all right and interest it holds to the following real property: That part of the Right-of-Way for Queens Avenue as shown on the Plat of Sands O'Sea, according to the Plat thereof recorded in Plat Book 21, Page 27 of the Public Records of Palm Beach County, Florida, described as follows: Commence at the southwest corner of Lot 1 of said Plat of Sands O'Seaj thence North 89 degrees 50' 52" East, along the South line of said Lot 1, 85.85 feet to the Point of Beginning; thence continue North 89 degrees 50' 52" East, along said South line and along the North line of said Queens Avenue, 744.25 feet to the southeast corner of Lot 10j thence South 2 degrees 08' 28" West, 50.04 feet to the northeast corner of Lot 11 ; thence South 89 degrees 50' 52" West, along the North line of said Lot 11 and along the South line of said Queens Avenue, 742.25 feet; thence North 0 degrees 09' 08" West, 50.00 feet to the said Point of Beginning. Containing 37,162.50 square feet or 0.8531 acre, more or lessj and generally located on the south side of Lots 1 through 10, SANDS O'SEA Plat, between Wallace Drive and S.W. lOth Avenue. Section 2. That this resolution shall not become effective until such time as the replat of the Wallace holdings has been approved and can be recordedj that replacement easements are provided with the replat for existing utilitiesj and that a fifty foot (50') east/west right-of-way reservation be provided along the north property line with the replat. PASSED AND ADOPTED in regular session on this the 11th day of May, 1993. MAY 0 R ATTEST: City Clerk '. PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: February 22, 1993 AGENDA ITEM: IV.B. . - ITEM: Abandonment of Queens Avenue, Which Lies Between Wallace Drive and S.W. 10th Avenue, North of Linton Boulevard GENERAL DATA: Petitioner...............Wal1ace Ford, Inc. Wallace Dodge, Inc. Agent. . . . . . . . . . . . . . . . . . . . Michael S. Weiner Location.................North of Linton Boulevard, East of Wallace Dr. Property Size............0.853 Acres City Land Use Plan.......General Commercial I i City Zoning..............AC (Automotive I Commercial) Existing Land Use........Unimproved road right- of-way. Development Proposal.....Parking area for expansion of existing automobile dealership. .., - .. Request..................Abandonment of 744.25 feet of the 50 foot UNTON BOULEVARD Queens Avenue right-of- - way. - IV.B. , - I T E M B E FOR E THE BOA R D : The item before the Board is the review and recommendation of the abandonment of approximately 50' x 744' of the Queens Avenue right-of-way. The subject right-of-way is located north of Linton Boulevard, between Wallace Drive. (Germantown Road) and Southwest 10th Avenue. This abandonment is being processed pursuant to LDR Section 2.4.6(0). BACKGROUND: On October 24, 1989 the City Commission approved a site plan for Wallace Germantown Woods Dodge. With the review of that sIte plan, there was a request to abandon Queens Avenue. The abandonment of Queens Avenue was recommended for approval by the Planning and Zoning Board on October 16, 1989, subject to its consummation through a replat of the Wallace holdings. While the rep1at was certified by the Board, it was not taken to the City Commission for final action, therefore the abandonment of Queens Avenue was never consummated. In 1992 a site plan for expansion of the Wallace Dealership was submitted. That site plan was approved by the Site Plan Review and Appearance Board on January 27, 1993 and was predicated upon successful processing of a new abandonment request. As Queens Avenue is within the development area of the current Wallace Dodge site plan and plat, the abandonment is again being processed. PROJECT DES C RIP T ION : The portion of Queens Avenue that is to be abandoned is 50' x 744.25' and is located just north of the existing Wallace Nissan site. There is also 85.85' of the Queens Avenue right-of-way that will not be abandoned, due to an inability to obtain the adjacent property owner's approval. To the north of Queens Avenue exists Lots 1-10 Sands-O'Sea subdivision, to the east is S.W. 10th Avenue, to the south there is the existing Wallace Nissan site and Lots 11-15 Sands O'Sea, and to the west there is the remaining 85.85' of Queens Avenue. " - P & Z Board Staff Report Queens Avenue Abandonment Page 2 A BAN DON MEN TAN A L Y S IS: Based upon the survey submitted by the applicant, there are currently FPL, Southern Bell, and sanitary sewer facilities located within the right-of-way. In addition to their overhead lines, Southern Bell has indicated that there are exIsting underground lines. Replacement easements to accommodate these facilitIes will be necessary. If Queens Avenue is abandoned, only one (1) east/west connection will exist (S.W. 11th street) between Wallace Drive and S.W. 10th Avenue. With the planned extension of S.W. 10th Avenue from Linton Boulevard to S.W. 10th Street, and the possible abandonment/closure of Wallace Drive at Linton Boulevard, the need for an additional east/west connector becomes evident. In considering whether or not the right-of-way for a connector should be provIded with the abandonment of Queens, it seems that the need for the additional connector would be triggered by the abandonment of Wallace Drive, thus the right-of-way should be dedicated concurrent with that future abandonment. It is appropriate at this time, however, to reserve sufficient right-of-way for a connecting road. This will ensure that the corridor remains available if it is needed in the future. Pursuant to Code Section 2.4.6(0) (3) (e), all abandonments of rights-of-way shall be consummated by a replat of the receiving property. This requirement will be met with the replat of the Wallace holdings which is also before the Board. R E QUI RED FIN DIN G S : Before any right-of-way abandonment can be approved the following findings must be made: A) That there il not, nor will there be, a need for the use of the right-of-way for any public purpose. The Queens Avenue right-of-way is unimproved and is not used for public access. It is one of four east/west connectors which originally existed between Wallace Drive and S. W. 10th Avenue, two of which have already been abandoned. As previously noted, if Wallace Drive is abandoned at Linton Blvd., there will be a need for another connector to facilitate traffic circulation. The most appropriate location for such a roadway is at the northern end of the Wallace property, connecting with Georgia Street. Right-of-way for that facility is being reserved on the Wallace plat. In terms of the location of facilities within the right-of-way, replacement easements are being provided on the plat. Therefore, there is no present or future public need for the Queens Avenue right-of-way. - P , Z Board Staff Report Queens Avenue Abandonment Page 3 B) That the abandonment does not, nor will not, prevent access to a lot of record. This abandonment will prevent access to thirteen (13) existing platted lots of record. However, the abandonment will be conditioned upon a replat that will combine those individual lots into larger parcels which will have access off of Linton Boulevard and S.W. 10th Avenue. Therefore, access to the individual lots will no longer be necessary. C) That the abandonment will not result in detriment for the provision of access and/or of utility services to adjacent properties or the general area. Detriment for the provision of access will not occur, since the newly created tracts will have access from Linton Boulevard and S. W. 10th Avenue. Detriment for the provision of utility services will not occur, since replacement easements will be provided with the rep1at. ASS E SSM E NT: The issues involved with the Queens Avenue abandonment are providing replacement easements for the existing utilities, ensuring access is not denied to lots of record (the thirteen (13) existing lots), and accommodating the potential for a replacement east/west right-of-way. These issues can be resolved through the replat of the Wallace holdings. No negative effects should therefore occur from the abandonment of this portion of Queens Avenue. RECOMMENDATION: By motion, transmit a recommendation of approval for the abandonment of the 50' x 744.25' of Queens Avenue, subject to the following conditions: 1. That this abandonment shall not become effective until a replat of the Wallace holdings has been approved and can be recorded. 2. That replacement easements be provided with the replat for the existing FPL, Southern Bell, and sanitary sewer facilities. 3. That a 50' east/west right-Of-way reservation be provided along the north property line with the rep1at. Attachments * Location Map , Reduced Survey T : QUEENPZ . DOC , - I I I . .~ / I lit fil, <c , PAUl DRIVE ITH RE r-- ~ ~S.W, SlREET X~? ... ~ ~ l--- I tlf ~ - till ---- ~ - ~ --~ ---- ~l I ---- ~T ftD" c - VI -r- ~ ~~ ro~ - .... - s. I I :i ~u 7-/ / III '" I .1 :;) BESSIE ST, ~ ~ / I II / .... "- II I F'1 ~ /LJ~ / I--- \I f-- ;.." f-- f-- I w~ I ~ ~~ 111~ I l OlXl!: WAlUCI ~ I , I r-~TIII I ... ~ WAlUCI ~ IOU1MItMI IIIS1Nf \ YlUMI 3i COlIDO iii LINTON BOULEVARD ~~ iMTDIII 1IIUtlA1lCINL Pl.UA @ I10SI ) J LA~S =====----- 1'7 ~ ~ ~ lANa ~ f ( ... ( ~... A ~r I N I I .' ( QUEENS AVENUE J "f ~~ ~ . 4,,~~'h ,~ " ,. \tv,.... ,'\ ~ 0",- :fl~ ~j), ; ~ ~ l " . .'q. ~ :,;: ~ ivy / .' $ ~,'\J c" · ' . . ,. - " ~ r ~ ~ ~:;-~ . ,j ~ -- . ~ '.. . .~. ,,- '''' '<- ..' ~-...; , ,~ " c, ,. 1 '-I '\ ., ~ . ' .. .. '. , \ ~ \" ~ ); l~~ . ~ . , ^ ~~ (~.,. . ~ ., " ~ :' ,: I t ~ '" \ :!I ~ .' " ' I ' ;: ; ~ :. \) :" :' 1 S. \ '\1 ~ ,- ' ,I ~ . , ' t): - ----'" - ': ' I c, ... . ~, ,},,, " ' <: - -- ' ",' ..: ';'. (I', · . " ,., ' : . ,. ., ' . . ,. h · ~. . " ' , . . . , " _ \.'\ . - ~ - , " ~ >> " ~ , ~ '.'. -, . .. .. , .. I~, \ := " · , 1 ~ ~ \~' \ ~ ,,-,'- : , ,,- -, , . , ,. .... ,. .r . ,',' ~ .....,,' . !:.Ii !. ~. ' ,', ' i 'r- ,.,.,. · :.t"! I~ ,. - ~ " .. I. · V\ . co. ,,:;, !,.< < : _ ,j! ;,' - ,::.' . ,,:' "r.. ,In' ",' -,' '> .., ".. ' , . :f'- .) , " ." : ,.1 .' ' ,~ ,. ., '0 ' .,' ~f;f ~ 11\ ' ~.: ' i' i ":'1 ... ~ I "' "o'{ '. "1' '"~ !Ill ,,-, t ' , ,. : t" ' " " d' · , .. :~l. ' I I I J,.... I. ' .' ..' 3i " I .1' : 'II ' , . I ,~.. ~t'. I ~ "' ~ t." .. .:- '.. r ' - ., ,. . . .,,' ' , ,1 i I \~ - ,- - I I ~~ ! ' - 1- I ,.' - 1I- ' ~- .- ! : no - - -.- n2 .- .!" ___ n. "m.. .,,-: . '" " " f" .., · -.- ~~ ,!:! ~"'-,.<' , 5,A A " " . __ . C/. C/4 . - -. /&J .' ---..:.,::~",," -- _. --.1... '! - I . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ ~F - MEETING OF MAY 11. 1993 FINAL PLAT APPROVAL/WALLACE DODGE DATE: Ma y 7, 1993 This item is before you to approve the final plat for Wallace Dodge located at the northwest corner of Linton Boulevard and S.W. 10th Avenue. This final plat is required as a condition of site plan approval for the Wallace Dodge expansion project. The plat encompasses a 17.14 acre area which includes two unsubdivided lots, 23 lots within the Sands-O-Sea subdivision, and the abandonment of a portion of Queens Avenue. The plat also dedicates additional right-of-way along Wallace Drive, S.W. 10th Avenue, and Linton Boulevardj provides easements for new and existing water and sewer servicesj and, contains a reservation for a future east/west right-of-way at the north end of the property. The Planning and Zoning Board at their February 22nd meeting recommended approval of the final plat, subject to the abatement of technical items. Those items have been resolved and the plat is now ready for Commission action. The Board also recommended that Wallace be required to participate in roadway and utility improvements concurrent with the development of Tract E and that appropriate financial guarantees be provided for both on/off site public improvements prior to recordation of the plat. A detailed staff report is attached as backup material for this item. Recommend approval of the final plat for Wallace Dodge subject to the conditions recommended by the Planning and Zoning Board with regard to roadway and utility improvements and financial guarantees. . . oX ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~, T. HARDEN, CITY MANAGER ~~~~ THRU: DA D J. VACS, DIRECTOR ZRTMEN F PLANNING AND ZONING ! FROM: . ST~E.. U R PLANNING TECHNICIAN II SUBJECT: MEETING OF MAY 11, 1993 FINAL PLAT APPROVAL **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: , The aC1;.ion requested of the City Commission is that of approval of the final plat for Wallace Dodge. The project is located at the northwest corner of Linton Boulevard and S.W. 10th Avenue. BACKGROUND: In late 1989, the City Commission approved the major modification of Wallace Nissan, called Wallace Germantown Woods. This approval was conditioned on the filing of a subdivision plat. In July, 1990, the Planning and Zoning Board certified the final plat for Wallace Germantown Woods as being consistent with the preliminary plat, subject to conditions. However, these conditions were not met and the plat was not taken to the City Commission. On January 27, 1993 the Site Plan Review and Appearance Board approved the site plan expansion of Wallace Nissan, called Wallace Dodge. This approval was conditioned on the processing of a subdivision plat. The final plat for Wallace Dodge received certification before the Planning and zoning Board on February 22, 1993, subject to conditions. Those conditions have been met and the plat is now ready for Commission action. For a more detailed background and analysis, please refer to the attached Planning and Zoning Board staff report. " . IMPROVEMENT OBLIGATIONS: One of the main issues identified within the review process of the development of Wallace Dodge has been the timing and construction of public improvements (water mains, sewer mains, roadway improvements) and Wallace's financial obligation for these improvements. While the on-site improvements (water and sewer mains) are fairly straightforward, the off-site improvements (roadway) are more indepth. In any case, financial guarantees will be required to insure the completion of these improvements. The impacts along S.W. 10th Avenue, as required by the Wallace Dodge development, would be three ( 3) lanes. However, in order to insure that the northern portion of S.W. 10th Avenue lines up with the southern portion, an interim right-of-way section of four ( 4 ) lanes will be constructed. The ultimate design of five (5) lanes will be provided with future development in the area. Again, please see the attached Planning and Zoning Board staff report for a more detailed analysis of the these improvements and their costs. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of February 22, 1993. The Board conditionally approved the final plat for Wallace Dodge, subject to technical items such as revisions to the plat, providing an easement and right-of-way deed, the inclusion of addition right-of-way along S.W. 10th Avenue, and providing other agency permits. All of these items have been addressed. The Board also stipulated that Wallace Doqge participate in the roadway and utility improvements associated with the development of the northern half of the site. RECOMMENDED ACTION: By motion, approve the final plat for Wallace Dodge, subject to the following conditions: * That Wallace Dodge participate in the roadway and utility improvements concurrent with the development of Tract E. * That appropriate financial guarantees be provided for both on-site and off-site public improvements prior to recordation of the plat. Attachment: * P&Z Staff Report T:WDPLATCC.DOC '. PLANNING & zrNING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: February 22, 1993 AGENDA ITEM: IV.C. . . ITEM: Preliminary/Final Plat for Wallace Dodge (Including Participation Program for Improvements to S.W. 10th Avenue, Immediately North of Linton Boulevard GENERAL DA T A: Owner....................Wallace Dodge, Inc. and Wallace Ford, Inc. Agent....................Michael S. Weiner, Michael S. Weiner and Associates. Location.................At the northwest corner of Linton Boulevard and SW . lOth Avenue. Property Size............17.l4 acres city Land Use Plan.......General Commercial City Zonlng..............AC (Automotive Commercial) Adjacent Zoning...North: POC (Planned Office Center) East: RM (Multiple Family Residential - Medium Density) - South: PC (Planned Commercial) - West: AC, MIC (Mixed Industrial and Commercial) and CF (Community FacUities) UNTON BOUlEVARD Existing Land Use........Vacant in part, auto storage in part. - Proposed Land Use........Expansion of existing automobile dealership in, at - least two phases. Water Service............Existing 10" water main in Linton Boulevard, and existing 6" main in SW 10th Avenue. Proposed 8" water main to be looped around property. Sewer Service............Existing 8" sanitary sewer line serving Wallace Nissan, to the west of the subject parcel. Existing 8" main in Queens Avenue right-of-way. IV.e. " I T E M B E FaR E THE B a A R D: The item before the Board is the certification of a final plat as being consistent with the preliminary plat (site plan) for the Wallace Dodge dealership. The subject property is located at the northwest corner of Linton Boulevard and Southwest 10th Avenue. The final plat for Wallace Dodge is being processed pursuant to LDR Section 2.4.5 (J). B A C K G R 0 U N D: On July 26, 1988 the city Commission approved a conditional use and site plan request for the expansion of an automobile dealership on an 11.28 acre site north of the existing Wallace Nissan located on Wallace Drive (Germantown Road). After the conditional use and site plan were approved, the applicant submitted a minor modification to that plan to reduce the proposed building size by 11,000 sq.' ft. The minor site plan modification was approved by the Planning and Zoning Board on November 21, 1988. In October 1989,. the city Commission approved a major modification to the conditional use in order to incorporate an additional 5 acres with the 11. 28 acre site and the existing Wallace Nissan site. The City Commission approved the site plan for this major modification on October 24, 1989. All of these previous actions were conditioned upon the processIng of a subdivision plat. On July 16, 1990 the Planning and Zoning Board certified the final plat for Wallace Dodge. There were numerous conditions associated with the plat which were not met and the plat was not taken to the City Commission. The project was not established, therefore, all prior approvals (conditional use, site plan, plat) have expired. On January 27, 1993 the Site Plan Review and Appearance Board approved a new site plan for expansion of Wallace Nissan. Development is to occur in two (2) phases, on a 5.83 acre tract (Tract D). Approval of the site plan was conditioned upon the processing of a plat, which is the action now before the Board. P L A T DES C RIP T ION: The plat will encompass a 17.14 acre area which includes two unsubdivided lots, twenty-three (23) lots within the Sands-a-Sea subdivision, and the abandonment of a portion of Queens Avenue. The plat will also dedicate additional right-of-way along Wallace Drive (Tract A), S.W. 10th Avenue (Tract B), and Linton Boulevard (Tract C). In addition to those dedications, new water and sewer easements, easements for existing utilities, and a reservation for a future east/west right-Of-way at the northern end of the property are provided. The property is being divided into five tracts, two of which are developable (Tracts D and E). The remaining tracts are '. P & Z Board Sti.. ~ Report Wallace Dodge Final Plat Page 2 right-of-way dedications. Tract D consists of 5.83 acres, includes the abandoned portion of Queens Avenue, and eighteen (18) lots within the Sands-O-Sea subdivision. It will be developed pursuant to the site plan approved by the Site Plan Review and Appearance Board on January 27, 1993. Tract E consists of the two unsubdivided parcels, five (5) lots within the Sands-O-Sea subdivision, and the reservation right-of-way. No development is proposed on Tract E at this time. It is being platted at this time in order to provide rights-of-way and to "clean-up" the existing combination of small lots and unplatted parcels. When a development proposal is submitted for Tract E, a replat of that section may be required in order to extend utilities within the tract. P L A T A N A L Y S I S REQUIRED FINDINGS - CHAPTER THREE: Pursuant to LDR Section 3.1.1 (Required Finding) prior to the approval of development applications, certain findings must be made in a form which is apart of the official record. Findings shall be made by the body which has the authority to approve of deny the development application. These findings relate to the following four areas: Concurrency, Consistency with the Future Land Use Map, Compatibility with the Comprehensive Plan Policies and Compliance with Land Development Regulations. While the Planning and Zoning Board considers both preliminary and final plats, site plans may act as the preliminary plat. In this instance, the site plan for Wallace Dodge serves as the "preliminary plat" and the positive findings that were made with the approval of the site plan (approved January 27, 1993) are still appropriate. Two issues involved in the approval of the Wallace Dodge Plat are the provision of additional right-of-way along S.W. 10th Avenue and a future east/west right-of-way connection from Wallace Drive to S.W. 10th Avenue. Those issues are discussed later in this report, and are further analyzed in the attached Planning and Zoning Board Memo. IMPROVEMENT OBLIGATIONS: Water and Sewer Currently there exists an 8" water main that runs through the middle of the Phase I development. As this area will be occupied by future buildings, the water main is being rerouted south along the western property line, east along Linton Boulevard, and north to the first driveway. Pursuant to Comprehensive Plan policies, all facilities are to be extended to the northernmost property line. On the Wallace ., P & Z Board Stl ~ Report Wallace Dodge Final Plat Page 3 site, that property line is at the northern end of Tract E, a distance of more than 1,000 feet. As Tract E is not being developed at this time, it is appropriate to grant a waiver to that requirement, and to instead require an extension of the line to the northernmost property line of Tract D. Sewer service is being provided for the proposed development through the extension of an 8" sanitary sewer line from Wallace Nissan (located immediately to the west of Tract D). No other sewer connections are necessary wi thin Phase I. There is no need to extend the sewer lines to the property east of the Wallace site, as that area will be served from the east. Roadway Improvements Dedications of right-of-way are being provided along the western property line for Wallace Drive (5'--Tract.A), along the eastern property line for S.W. 10th Avenue (ranging from 19' to 30 '--Tract B), and at the south property line for Linton Boulevard (7'--Tract C) . In addition, a 50' section of right-of-way is being reserved at the northern property line, to provide for a possible future connection between Wallace Drive and S.W. 10th Avenue (as discussed in the attached P&Z Memo). As traffic congestion in this area is a major concern, participation by Wallace Dodge in the improvements to S.W. 10th Avenue is an important factor in the approval of the development of this site. In order to construct the required number of travel lanes, and to ensure that the section of S.W. 10th Avenue north of Linton Boulevard lines up with the section that is south of Linton, 19 ft. of additional right-of-way is being provided from the Wallace property. While the Wallace Dodge development itself triggers a requirement for three (3) lanes along S.W. 10th Avenue, the ultimate design section for this portion of S.W. 10th Avenue calls for the construction of five (5) lanes. With this development, an interim improvement will be made which will consist of a southbound combination right/through lane, a left turn lane, and two northbound lanes. At this time, physical improvements are required only for the portion of s. W. 10th Avenue extending to the northern edge of Tract D. As with the utilities obligations, since the inclusion of Tract E in this plat action is for purposes other than development, it is appropriate to waive obligations to improve S. W. 10th Avenue along that tract at this time. FINANCIAL GUARANTEE: Pursuant to LOR Section 2.4.10, any improvement for which the City will ultimately assume responsibility (i.e. public improvements) requires provisions to guarantee that the facilities will be installed in a timely manner. To this effect, certified cost estimates and financial bonds are required. The applicant has submitted a cost estimate for on-site public " P & Z Board Stc.. .:. Report Wallace Dodge Final Plat Page 4 improvements such as the water distribution and sanitary sewer system. The estimate also includes an estimate for work in the Wallace Drive right-of-way, such as the 5 ft. sidewalk that is being provided. In addition, a separate cost estimate has been submitted for public improvements associated with S.W. 10th Avenue. The estimate is broken down into three design levels (A, B, and C). Level A, estimated cost $56,000, consists of the Wallace Dodge impacts only. Level B, estimated cost $91,900, consists of the interim cross section and is the anticipated construction. Level C, estimated cost $98,900, consists of the ultimate cross section and will be provided with further development in the area. While the interim (Level B) design will be provided at this time, Wallace Dodge will be financially responsible only for the costs of those improvements which are necessitated by the projects impacts (Level A). It is important to note that the $56,000 cost estimate for these improvements does not include a cost for the installation of drainage structures. That additional cost must be included, or verification provided that drainage can be accommodated through other means. Please see the attached Planning and Zoning Board Memo for further analysis of the improvements and their associated costs. CODE ENFORCEMENT HISTORY: In the past, portions of the Wallace expansion site have been cited by the Code Enforcement Division for parking on an unpaved surface and using the site without an approved site plan. WIth the development of Phase I, an improved parking area will be provided. Vehicles which are presently improperly parked on the unimproved area off of Wallace Drive will be relocated to the improved parking area. Further, all vacated areas are to be resodded. T E C H N I C A L I T EMS . . The plat includes certain technical items that will need to be addressed. These items include the change of names and notes on the plat, revision of easement locations, the provision of an off-site easement and right-of-way deed, the inclusion of additional right-of-way along S.W. 10th Avenue, finalization of an off-site landscape agreement, and the provision of other agency permits. In addition, the plans must be revised to include the right-of-way reservation. These changes are currently being made to the plat, and will be listed as conditions which must be addressed prior to City Commission action on this plat. ASS E SSM E NT: The Wallace Dodge plat is the last link in the land use chain for the expansion of the Wallace Nissan site. At this stage it is appropriate to make sure all elements that relate to the '. P & Z Board Sti. . Report Wallace Dodge Final Plat Page 5 expansion have been accounted for. Additional right-of-way is being provided along S.W. 10th Avenue north of Linton Boulevard to match the design section south of Linton. Utility extensions are being provided as far north as possible with Phase I development. Financial guarantees are being required to ensure the installation of all public improvements. A 50 ft. right-of-way reservation is being provided in the event that a future road connection between Wallace Drive and s.w. 10th Avenue is needed. All of these issues directly relate to the ability to develop the Wallace Dodge site. Once the entire site has been developed, future developments in the area should have no problem advancing the roadway (S.W. 10th Ave. ) and making the necessary utility connections. I A L T ERN A T I V E COURSES o F ACT ION : A. Continue with direction. B. Certify the final plat as being consistent with the preliminary plat, subject to conditions. C. Deny the request with basis stated. R E COM MEN D E D ACT ION : By separate motion, take the following action: 1) Recommend a waiver of the requirement to construct utility and road improvements for Tract E, subject to the following condition: * That Wallace Dodge participate in the necessary roadway and utility improvements concurrent with the development of Tract E. 2) Certify the final plat of Wallace Dodge as being consistent with the preliminary plat, subject to the following condition: * That all items of a technical nature be addressed prior to this item being scheduled for City Commission action. Attachments * Location Map, Reduced Plat and Site Plan, February 8th P & Z Board Memo T:WDODGEPZ.DOC '. -. .' - ... -' ~.. ~ : \, - ..' .'. -_.-" --- II ,-- '1"'" ... 5.'"..; .-IS ,'.':7"1: .1.: -. 1 J,J'. 9:?' . r. . T~,4C T C - ~Ii .1"", . ~ .Id8 ~4' ",' ~;.,r .,-11. -.,1 ~ ~ I .11\ '" , ~ I ~ ~ / ~,'; I ~, ' ~ . ~ .~ . 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"1 I \ I -. " . . -< ' n .,' --..' ., . '. . . ; I \ :,::; ".,.: " ...,! . '1 ' . 1 , , " I I I I I I - - . I :, ' ; I . , , , , U " , ., . ~ . .' C -- I ~I'I ! 'Ii --; : .' . . --" , .'1 ' \.. "'. ' I I .-..~ I . ~ ,::1 ! 'i- .. J' . - . ,. , ,-< ," , .c ' ..., , " ' . , Oft r--" , , : GO . , . ,:." . , " ! c .. .... . - ,.., ' g ,(" u' '.'_ . _ . . .~': AiE~~ '. .~ .-. . ~~ I._.~-.~~~-~~~~~~=~=-=~ " / , ," PLANNING AND ZONING BOARD MEMORANDUM MEETING OF. FEBRUARY 8, 1993 (REGULAR WORKSESSION) AGENDA ITEM. II.C. DISCUSSION WITH APPLICANT (AGENT) REa WALLACE DODGE EXPANSION, PLAT, ABANDONMENTS, PROGRAM FOR PARTICIPATION IN CONSTRUCTION OF S.W. 10TH AVENUE At its meeting of February 22, 1993, the Planning and Zoning Board will consider two land use items related to the site plan for the proposed Wallace Dodge development. Those items include the abandonment of the unimproved right-of-way for Queens Avenue, and a plat which will define the boundaries of the Wallace Dodge development. The plat will also involve the dedication of additional rights-of-way along Linton Boulevard and Wallace Drive, and right-of-way for the construction of S.W. lOth Avenue. A related item in the consideration of the plat and abandonment is the potential for a future closure of Wallace Drive between Linton Boulevard and Georgia Street. The purpose of this memo is to describe the configuration and timing of the planned roadway improvements, and to establish an understanding as to each party's obligation regarding the installation of those improvements. The agent for these items will be available at the worksession meeting to discuss the issues and answer any questions the Board may have. No action is required at this time, the contents of this memorandum and any direction provided by the Board will be included in the staff reports for the February 22nd meeting. Construction of S.W. lOth Avenue Improvements: Along with the City Commission approval the SAD modification and site plan for Builders Square, there was a program to mitigate traffic congestion. The program involves extending S.W. 10th Avenue from Linton Boulevard to S.W. lOth Street. The overall responsibility for this extension rests with the City with participation by others. Components of the program include: * design, coordination, and right-of-way acquisition by the City; .. donation of right-of-way by wallace, Haggerty, and Boose; .. the developer of Builders Square is required to provide $490,000 in funding for improvements. Those funds are to be made available to the City at the time that improvements are to be installed, or upon the issuance of a Certificate of Occupancy for Builders Square, whichever occurs first. II.C. -t Planning and Zc 'ng Board Worksession Wallace Dodge E...c'dnslon Page 2 * use of a portion of the funds allocated for S.W. 10th Street to ass 1st in the intersection of S. W. 10th Avenue and S.W. lOth Street; and, . dedication of right-of-way and construction of improvements at the north end of the S.W. 10th Avenue/Linton Boulevard intersection by Wallace. The proposed expansion of the Wallace dealerships includes access off of S.W. 10th Avenue. The street improvements necessitated by the traffic generated by the Wallace expansion requires the installation of a three lane section for S.W. 10th Avenue at Linton Boulevard along with a sidewalk on the west side of S.W. lOth Avenue and appropriate accommodation of drainage. .. -- While the Wallace Dodge d~ve-iopment' ~~q~j:~es . three lanes, - the ultimate design section for this portion of S.W. 10th Avenue calls for the construction of five lanes (described under "C" below). In order to meet the requirements for the current development, to have a design which matches with the south sIde of the intersection, and to provide for the ultimate road improvements, it is appropriate to construct an interim roadway section concurrent with the Wallace expansion. The interim improvement (described under "B" below) is at a level between the ultimate and that required for the expansion. In terms of financing the roadway construction, it is reasonable that Wallace Dodge be responsible only for the costs of those improvements which are necessitated by the project's impacts. A description of each level of improvement, along with a cost estimate - as provided by the applicant's engineer follows. . * Level "A" (Wallace Dodge impact improvements). Contains three lanes: southbound combination of right/through, northbound through, and a southbound left turn. Sidewalk improvements on the west side and a swale area on east side of S.W. 10th Avenue. Cost: $56,000 NOTE: The estimated cost does not include any underground drainage structures. The costs of those structures must be added to this estimate, or verification provided that the associated drainage can be accommodated by other means. * Level "B" ( interim cross section) . Contains the above improvements ( "A" ) and a second northbound lane, along with drainage structures which tie into Linton Boulevard. Cost: $91,900.00 " Planning and Zc ng Board Worksession Wallace Dodge Expansion Page 3 NOTE: This cost estimate includes the costs of installing a southbound right turn lane. It is not necessary to install that lane with the interim improvements. The lane can be provided when traffic volumes warrant its construction. The costs associated with its installation is be deducted from the estimate for this level. * Level "C" - ( ul timate cross section) . Contains the above improvements ("B"), a southbound right turn lane, and sidewalks on both sides of S.W. 10th Avenue. Cost: $98,900.00 It is proposed that the financial responsibility for Wallace be limited to the costs of those improvements described in Level "A" (as modified to include the installation of drainage structures, if appropriate). The balance of the improvement costs will be paid by the developer of Builders Square. The ultimate cross section (Level" ltC"~) will be provided with further development in the area (e. g. The Groves, next phase of the Wallace expansion, or others.). Queens Avenue Abandonment - Replacement Right-of-Way Issue: (Exhibits are provided which show the following information.) Existing Conditionsl Originally, four (4) east/west roads were platted to connect Wallace Drive (formerly Germantown Road) to the S.W. 10th Avenue right-of-way. Those roads included S.W. 11th street, Georgia Street, Queens Avenue, and Princess Boulevard. Georgia Street was abandoned in 1985 and Princess Boulevard was abandoned in 1986. Right-of-way still exists for S.W. 11th Street (25 ft.) and Queens Avenue (50 ft.), both of which are unimproved. Future Conditionsl An abandonment of Queens Avenue was approved in October 1989, but that action was not consummated. A new petition for the abandonment of Queens Avenue will be before the Planning and Zoning Board at its meeting of February 22, 1993, along with a plat for the Wallace expansion. Assuming that the request is approved, only one of the original four connecting roads will remain. Impacts and Implications I With the increased traffic volumes associated with Builders Square, the intersection of Wallace Drive and Linton Boulevard is expected to fail. The abandonment of Queens Avenue necessitates that an analysis of the future tr~ffic patterns in and around the Wallace properties be considered. '. Planning and Zor 19 Board Worksession Wallace Dodge EXr~nsion Page 4 During consideration of Builders Square, a proposal was aired calling for the abandonment of Wallace Drive between Linton Boulevard and Georgia Street, the construction of S.W. 10th Avenue as a replacement for through traffic which would have accessed Linton Boulevard at Wallace Drive, and a connection (Georgia Street extension) between Wallace Drive and S.W. 10th Avenue. While the approval of Builders Square did not call for the closure of Wallace Drive, the possibility remains that it will be abandoned in the future. Given the planned improvements to S.W. 10th Avenue and the potential .for abandonment of Wallace Drive, the need for a connecting road between S.W. 10th Avenue and the remaininq section of Wallace Drive is evident. The most appropriate location for such a connector would be at the northern end of the Wallace property, where the Georgia Street right-of-way previously existed. In considering whether or not the right-of-way for a connector should be provided with the abandonment of Queens. It was concluded that as the need for the replacement connector would be triggered by the abandonment of Wallace Drive and not Queens Avenue, the right-of-way should be dedicated concurrent with that future abandonment. It is appropriate at t,his time, however, to reserve sufficient right-oi-way for a connecting road. This will ensure that the corridor remains available if it is needed in the future. T:PZWALL.DOC . '. -<( ,- ~ -. __. o- f-- < :-= ~ f-- 1- >--- f-- f-- t: I-- ~ ~ ;.c f- I- ~ I--- = t::. ~ ~ '--- l: .,..; >- t: II'l ... ~ ... I-- ... - I--- ~ I---- L--. ~ ~ - '-- 6: I---- ~ ~ ~ ~ !vi CI'i vi S.W. 10TH S TREE T ~ ITllIIIIIill IE- L ~ ~ ClIl / I Ji '~ ~ iii / / z ~ ~ 1< fl/ <l( - i! ~ Cl ,... I PALM DRIVE ,.....-.....:. 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE~ SUBJECT: AGENDA ITEM i;rG - MEETING OF MAY 11. 1993 WAIVER OF INTERIOR LANDSCAPE REOUIREMENT/DELRAY MITSUBISHI DATE: May 7, 1993 We have received a request from Delray Mitsubishi for a waiver of Section 4.6.16 (H)(3)(h) of the Land Development Regulations in conjunction with their site plan modification approval. Section 4.6.16 (H)(3)(h) provides that one tree must be provided for every 125 square feet of required interior landscaping. The waiver request is to reduce the number of required interior trees from 76 to 40. The Site Plan Review and Appearance Board recommended approval of the waiver request. Recommend approval of the request for waiver of LDR Section 4.6. 16 (H)(3)(h) to reduce the number of required interior trees from 76 to 40 for Delray Mitsubishi. 'f . 01\ ffP1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~AVID T. HARDEN, CITY MANAGER UoA!~ ~uQf>'C THRU: - J. K VACS, DIRECTOR DEPART E F P NNIN ZONING FROM: II SUBJECT: MEETING OF MAY 11, 1993 CONSIDERATION OF A WAIVER TO AN INTERIOR LANDSCAPING REQUIREMENT [SECTION 4.6.16(H) (3) (h)] FOR DELRAY MITSUBISHI. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of qrantinq a specific waiver in conjunction with a development request involving site plan modification approval. The development proposal is for the expansion of a full service automobile dealership onto property which is currently in an auto related use (used car sales) . The subject property is located on the east side of South Federal Highway, approximately 500' south of Tropic Boulevard. BACKGROUND: This project involves the use of existing improvements and buildings, which will mostly remain in their existing configuration. Generally, the only landscaping currently provided on the site is located on west side of the site along Federal Highway. The balance of the property contains existing structures and asphalt. The applicant has requested a waiver from Section 4.6.16(H)(3)(h) (Interior Trees) of the LDRs, which deals with interior landscape requirements. This section states that one tree must be provided for every 125 sq. ft. of required interior landscaping. The development proposal requires 76 interior trees and only 40 have been provided. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the City Commission shall make a finding that the granting of the waiver: '. . City Commission Documentation Meeting of May 11, 1993 Waiver to Interior Landscaping Requirement for Delray Mitsubishi Page 2 (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, ( d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The reduction will not have an effect on the neighboring areas as adequate buffering has been provided on the perimeter of the property and the request is specifically for interior trees. The landscape code is being followed throughout the remainder of the site, including those areas that will have the most visual impact. A waiver of the requirement will not create an unsafe situation or diminish the provision of public facilities, and does not constitute a special privilege. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: At its meeting of April 21, 1993, the Site Plan Review and Appearance Board recommended (4-0) that a waiver to LDR Section 4.6.16(H)(3)(h) (Interior Landscaping) be sought to reduce the number of trees to be provided with this development proposal. The exact number was not indicated as the applicant presented a revised site plan which provided additional landscaped areas, within which additional trees would be provided. The provision of trees within the additional landscape areas will not substantially change the deficiency, however it will be lessened. RECOMMENDED ACTION: By motion, grant a waiver to LDR Section 4.6.16(H) (3) (h) (Interior Landscaping) to allow reduction in the number of required interior trees from 76 to 40, based upon positive findings with respect to Sections 2.4.7(B)(S)(a) - (d) . Attachments: * Letter of Request * Reduction of Landscape Plan ., . --. --- r- Currie Arr.njtp.('t~, Planners - - Schneider & ITlI(~rl()r DesiRoers Associates 25 Seabreeze AlA. PA Oelray Bp.a("h, FL 33483 May 4, 1993 407/276.4951,737-2279 305/429.1566 Planning Department City of Delray Beach DELRA Y MITSU BISHI ProJect No. 92719 Dear Sir: This is to formally request that the City CommisSion waive the requirement of the Land Development Regulations (LOR) section 4.6.16(H)(3)(h) relative to Interior landscaping. Specifically, the portion regarding interior trees. As you know, the site of Delray Mitsubishi is an existing car dealership which we are in the process of improving. We have made every attempt to comply with current code while not adding any new area to the buildings. In fact. we have proposed to remove approximately 1300 square feet. Based in the interior paved area, we calculate that we need 76 trees but oan only accommodate 40, a net shortage of 36 trees. Recognizing that this is an existing site. and that the submitted plans reviewed by the planning staff and recommended by SPRAB are a great improvement, we respectfully request that the City Commission grant our request and allow a shortage of trees. At the SPRAB meeting, a recommendation was made for a few additional locations tor green space which we agreed to and as such, we will be able to add a few more trees and reduce our shortage further. Therefore, we request that the Commission grant our request so as not to exceed 36 trees and allow us to improve on that with statf. Should you have any additional questions, please feel free to calL Sincerely, CU Rle SCHNEIDER ASSOCIATES AlA. PA ~~(c~HWlEJD) MAY. .. "'" cc: City Manager Ira Lang ptP;N~ iNG & ZONTNG \doc\719\I.sstre9.719 -. . ,.-... FAX: 407/~43-6184 AA COO1334 '. .--.--...-.-...-- (7 I I ! 1 I I ~ . I I ! l~1 . I ~J1j It. 7 N I Cl ~ f - - . .. ~' : ~;.: -cQ - t . ... "J z'" ~! w" · ~tt/ ~ j S~ Go ... L .. m ....- .' r~.\] > .J &I -'... 0", xa: ..... > I. - . CII ~ " 1 .. .. :t .. . < 0 D J ... u .. :; z I c: ... .. - .- . ~ i j I . 1: ------ - - ~ '11 ' , 'H~~ '1 \' , 1\1 .~ ~ - l.l' \,; , . . t 0' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM it ~ ft - MEETING OF MAY 11. 1993 LANDSCAPE AGREEMENT/DELRAY MITSUBISHI DATE: May 7, 1993 This item is before you to approve an agreement with Delray Mitsubishi which defers the installation of the 20 foot wide perimeter landscape strip along Federal Highway until the proposed widening of Federal Highway occurs. Currently there is a 10 foot buffer on the site which is abutted by an approximate 10 foot wide swalejsodded area. This situation, while non-conforming, meets the intent of the 20 foot buffer requirement. However, once Federal Highway is widened the swale area will either be eliminated or reduced in which case the property owner would be required to install the 20 foot perimeter landscape strip. Delray Mitsubishi is requesting deferral of that requirement until such time as the proposed widening occurs. In order to accommodate that request this agreement was drafted. Similar agreements have been approved for other automobile dealerships on Federal Highway. The Site Plan Review and Appearance Board at their April 21st meeting recommended approval of a major site plan modification for Delray Mitsubishi, subject to approval of the landscape agreement. Recommend approval of the agreement with Delray Mitsubishi which defers the installation of the 20 foot wide perimeter landscape strip along Federal Highway until the proposed widening of Federal Highway occurs. ., . tl( tYI C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER~ ~~ ,~tl-f THRU: DAVID J. K ACS, DIRECTOR DEPARTMEN OF PLANNING AND ZONING FROM: II SUBJECT: MEETING OF MAY 11, 1993 APPROVAL OF A LANDSCAPE AGREEMENT TO INSTALL THE REQUIRED LANDSCAPE STRIP ALONG FEDERAL HIGHWAY UPON WIDENING OF FEDERAL HIGHWAY - DELRAY MITSUBISHI ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a landscape agreement to allow Delray Mitsubishi to defer installation of the required 20' landscape strip along Federal Highway until widening of Federal Highway. The request is associated with a major site plan modification for the Delray Mitsubishi Dealership. The subject property is located on the east side of South Federal Highway, approximately 500' south of Tropic Boulevard. BACKGROUND: The development proposal involves the use of an existing site and buildings. The existing display spaces along Federal Highway only provide a 10' landscape setback where a 20' buffer is required. This is an existing nonconforming situation. Similarly non-conforming auto dealerships along this corridor that have been through the land development process have entered into an agreement with the City stating that the required landscape buffer will be installed with the widening of Federal Highway. The basis for allowing the 10' buffers to remain is that there is an existing swale/sodded area, approximately 10' wide, between the roadway and the actual property line, thus providing the overall 20' buffer. Therefore, the intent of the 20' buffer is met. If Federal Highway is widened, however, that swale area would be eliminated or reduced. Thus, the applicant is requesting deferral of installation of 10' of the required 20' landscape strip along Federal Highway, until such time as the road is widened and the existing swale area is eliminated. '. City Commission Documentation Meeting of May 11, 1993 Approval of Landscape Agreement for Delray Mitsubishi Page 2 At its meeting of April 21, 1993, the SPRAB (Site Plan Review and Appearance Board) approved a major site plan modification for Delray Mitsubishi. A condition of approval was that the property owner enter into an agreement with the City stating that the required 20' landscape strip along Federal Highway will be installed upon widening of Federal Highway. On April 29th, a landscape agreement was submitted which states that upon widening of Federal Highway stating the required 20' landscape strip. REVIEW BY OTHERS: City Attorney's Office The City Attorney has reviewed the agreement with respect to legal sufficiency and form, and determined that the agreement is acceptable for execution. RECOMMENDED ACTION: By motion, approve the landscape agreement to allow Delray Mitsubishi to defer installation of the required 20' landscape strip along Federal Highway until widening of Federal Highway. Attachment: Landscape Agreement 'f '. . . AGREEMENT PERTAINING TO REQUIRED PERIMETER LANDSCAPE STRIP FEDERAL HIGHWAY This Agreement, is entered into this day of , 1993, between DEALERSHIP MANAGEMENT SERVICES, a Florida general partnership, (hereinafter referred to as "Owner") and the CITY OF DELRAY BEACH (hereinafter referred to as the "City") . WHEREAS, Owner applied to the City for site Plan Approval for the expansion of the Delray Mitsubishi Automobile Dealership; and, WHEREAS, the Delray Mitsubishi Automobile Dealership is located at 2225 South Federal Highway which is South of Linton Boulevard and East of Federal Highway in the City of Delray Beach, and, WHEREAS, one of the conditions for approval of the Site Plan was the entering into of an agreement with the city pertaining to curing the existing encroachment of display parking into the required perimeter landscape area along Federal Highway at the time Federal Highway is widened. NOW, THEREFORE, for One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency which is recognized from each party to the other, the parties hereby agree as follows: 1. The above WHEREAS clauses are true and correct and are incorporated herein by reference. .. 2. That the Owner hereby agrees that a site Plan modification (a copy of which is attached hereto as Exhibit "A") will be filed and become a part hereof depicting the ., reconfiguration of the display parking in order to eliminate the encroachment of the display parking into the required perimeter landscape area. 3. That the Owner hereby agrees that at such time as Federal Highway is widened, that the Owner will at that time provide the required perimeter landscape as per the modified site Plan. 4. This Agreement shall be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated above. IN THE PRESENCE OF: DEALERSHIP MANAGEMENT SERVICES, a Florida general partnership Print Name: Ira Lang, General Partner CITY OF DELRAY BEACH, FLORIDA Print Name: By: Mayor ATTEST: City Clerk Approved as to Legal Sufficiency and Form: 'f EXHIBIT "A" ..eD t ' :- --=-~=-=-......---:-,-~ ~--"?'= ," .J ., . ... ~. I 'j , ~ I (- I' ! I · ., __. , --4 ~ ~ I ,;- '--'?' .J) -l I I, ~ '-----;: I ~ ; I .'~. --- '/ #-'~ ' _ I ('0 0: L- , I _ ! I (' , I . , -.. · __ I ' -I' I, , ':f-I '.. -J~ I j- ~ J ic!-, " ! I ~ , d ',. ._~ , . -:E I . .. -,.,. I .. '. , , c. , ; ~ · ., I, --- . I · f i .', ~ C ~ -ll ',' f . !l I , -..-J '_ , o .' <> I ., ';1. _ . ' , _.1 ., . ., <> , 'I I ._,- ., ,I, 1 .3 I 'I ' I ;11 .' .-' ~ II \ ~J 1 -., Illf';r I \ I I ~ ,n lll~li '0 I Ii 1/'11 ITJ- '~ ~ ! 1/\,. :li' LLi~ . ~. RI V -~.J ,II ~. 0: ~ ~ ~ Ii r I . q:' 1 I 1~1..! ~. ' ! t- · f I , . t, . ~ i , L J 1 iii' I <. I~. j iJ t - i:l ! -1';'" _. : I.J.J " j ~l. " . . ~ .. .... - ".. I <: " ." , , lfJ ..;'1 i i : g II I ~ , I ! I I I .... ~ I i / I > U1 !.. ' , , I. !!l!i " . , . I ~ .. ' . · f . . . . I ' 1 ~ ,~ I I 1, I ! t · I _. I : /. ~ II Ii ii, I .:1 ,/;/ :; 1 . I , : I I II / I ~, I I " " , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER w1 LJ SUBJECT: AGENDA ITEM # ~1- - MEETING OF MAY 11. 1993 CHANGE ORDER NO. 2 AND REOUEST FOR FINAL PAYMENT/ASPHALT CONSTRUCTION OF PALM BEACH. INC. DATE: Ma y 7, 1993 This item is before you to approve a change order for final plus/minus as-built quantity adjustments and additional miscellaneous irrigation/landscape changes in the net amount of $6,748.50 and the request for final payment in the amount of $7,248.50 from Asphalt Construction of Palm Beach, Inc. for completion of the Boy Scout Hut/Enfield Road Improvements. Change Order No. 2 revisions include Florida Power and Light upgrade including lift station, additional plants and installation of additional irrigation for area adjacent to the Lift Station. Staff has reviewed this project and found it to be satisfactorily complete. The unit price contract and quantities presented have been field measured and verified. Recommend approval of Change Order No. 2 in the amount of $6,748.50 and the request for final payment in the amount of $7,248.50 from Asphalt Construction of Palm Beach, Inc. j with funding from Decade of Excellence Bond Issue - Boy Scout Hut Improvements (Account No. 225-4141-572-61.37) pending budget transfer. '. . . Agenda Item No.: AGENDA REOUEST Date: May 4, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: May 11, 1993 Description of item (who, what, where, how much): Staff requests city Commission to approve final closeout Change Order #2 Final to Asphalt Construction of Palm Beach, Inc for the Boy Scout/Enfield Rd Improvements (91-85). Change Order #2 is for final plus/minus as-built quantity adjustments to the unit price Contract and additional miscellaneous irrigation/landscaping and upgrade of FPL service. Change Order #2 Final is for a net add amount of $6,748.50. Funding Source is 225-4141-572-61.37. Request is also made for Final Payment to the Contractor of $ 7,248.50. ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YE~ Recommendation: Staff Recommends approval of Change Order #2 Final and final payment be made to the Contractor. Department Head 11 Signature: e~~~ I Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding alternatives (if applicable) .. Account No. & DescriPtln W-a:'f1 S-7Z-- "t. o3? 9Z> -.noE. -~~vr- ~ccount Balance '-7 /^'1PA.f ~ City Manager Review: Approved for agenda: ~/NO ~ Hold Until: . Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.1852 '. . . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN i/;Jf~ CITY MANAGER THRU: WILLIAM H. GREENWOOD DIRECTOR OF ENVIRONMENTAL SERVICES FROM: HOWARD WIGHT ,1~ CONSTRUCTION MAN , DATE: MAY 5, 1993 SUBJECT: FINAL CLOSEOUT CHANGE ORDER #2, BOY SCOUT HUT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is an agenda request and backup for quantities for closeout and final payment for the improvements to the Boy Scout Hut to Asphalt Construction of Palm Beach, Inc. This is a unit price contract and the quantities presented have been field measured and verified. In summary the net add/deduct are as follows: Paving and Drainage Construction $ 14,110.75 Deduct Irrigation/Landscaping 6,864.00 Add Change Order 1 & 2 13.106.03 Add TOTAL $ 5.859.28 Add HW: kt ~ Attachment File: 91-85 (D) Memos to City Manager HW9185.KT \1? SI<<JCJ~ , CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 Final PROJECT NO. 91-85 DATE: PROJECT TITLE: Boy Scout Hut/Enfield Rd Improvements TO CONTRACTOR: Asphalt Construction of Palm Beach, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Per Schedule "An attached final adjustment for as-built field measured quantities and additional miscellaneous additions to irrigation/landscaping. Also included is an additional charge by FPL for upgrading the electrical service to the irrigation pump and existing adjacent lift station. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $123,328.20 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ -889.22 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $122,438.98 COST OF CONSTRUCTION CHANGES THIS ORDER $ ,6,748.50 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $129,187.48 PER CENT INCREASE THIS CHANGE ORDER 5.5 % -- -- TOTAL PER CENT INCREASE TO DATE 4.7 % -- -- CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. for Asphalt Construction of Palm Beach, Inc. TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 225-4141-572-61.37 FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: Ralph E Hayden, City Engineer Thomas E. Lynch, Mayor ATTEST: APPROVED: By: City Attorney City Clerk ., '. Project 91-85 Schdule "All Boy Scout Hut/Enfield Rd Improvements Change Order #2 Final ---------------------------------------------------------------------------------------.----------------------------- ITEM ITEM DESCRIPTION Contract As-built +/- C. Unit NO Qty Qty #1 QTY Price TOTAL -------------.------------------------------------------------------------------------------------------------------- A Plus/Minus As-built Qty Adjustments Base Contract - Pavin9 and Drainage 1 1 o la 6876.00 0.00 1 Clearing and GrubbIng 2 Earthwork 1 1 o ls 3416.25 0.00 3 Traffic Control 1 1 o ls 400.00 0.00 4 Remove existing drainage pipe and structures 1 1 o ls 700.00 0.00 5 Furnish and install mitered end section 1 1 o ls 1180.00 0.00 6 Connect existing pipe to proposed pipe 1 1 o ls 540.00 0.00 7 15" RCP 400 265 -135 l f 16.25 -2193.75 8 Type 'c' Inlet 2 2 o ea 716.00 0.00 9 Ty~ 'E' Inlet 1 1 o ea 1340.00 0.00 10 Drainage Manhole and Appurtenances 1 1 o ea 1115.00 0.00 11 Pavement Repair 140 116 -24 lf 14.75 -354.00 12 Sod/Landscape repair 200 305 105 If 1.75 183.75 13 Air Release Valve Vaults 2 0 -2 ea 4130.00 -8260.00 14 Adjust Valve Box 2 1 -1 ea 110.00 -110.00 15 Lower existing manhole 1 0 -1 la 385.00 -385.00 16 Remove existiny ~avement 80 80 o sy 2.00 0.00 17 Construct S-II sphalt Pavement 2200 2200 o sy 8.95 0.00 18 Type S-III Asphalt overla~ 170 0 -170 sy 3.00 -510.00 19 Furnish and Install Type Curb 95 82 -13 If 6.75 -87.75 20 Furnish and Install Concrete Wheel Stops 30 23 -7 ea 12.00 -84.00 21 Furnish and Install Pavement Marking 1 1 o ls 750.00 0.00 22 Final site gradin~ 1 1 o ls 1450.00 0.00 23 Furnish and Insta l Water Service and Meter Relocation 1 1 o ls 1425.00 0.00 24 Video Allowances 1 0.14 -0.86 ls 1500.00 -1290.00 25 Testing Allowance 1 0.66 -0.34 ls 3000.00 -1020.00 --------------------- Paving and Drainage net add/deduct for original Contract ($14,110.75) --....------...- Base Contract - Irrigation and Landscaping 62 96.00 26 1" po~-up rotors, Toro 640 Series 64 2 ea 192.00 27 3/4" op-up rotors, Toro 600 Seri es 38 39 1 ea 40.00 40.00 28 3/4" Shrub Rotors, Toro 700 Series 11 7 -4 ea 49.00 -196.00 29 6" Pop-up sprays, Toro 570 CSI6P w/nozzle 20 97 77 ea 23.00 1771.00 30 4" Pop,-up sprays, Toro 570C-4P w/nozzle 71 55 -16 ea 19.50 -312.00 31 1 1/21 Zone Va ves, Hardie 100 Series w/12" box 5 6 1 ea 80.00 80.00 32 2" Zone Valves~ Hardie 100 Series w/12" Box 9 9 o ea 140.00 0.00 33 Quick Coupler ainbird #3RC w/key & 10" Box 1 0 -1 ea 39.00 -39.00 34 Main Line 4" Sch 40 PVC Solvent Weld 320 520 200 lf 4.80 960.00 35 Lateral Feed Lines 3" class 160 PVC 240 520 280 ea 2.50 700.00 36 Wire, common: #12 Awg tYfle UF( UL listed solid cu. 400 625 225 lf 0.11 24.75 37 Wire, hot: #14 AWG type F, U listed solid cu. 2200 3300 1100 lf 0.10 110.00 38 Sleeving, 6" Sch 40 40 60 20 If 5.50 110.00 39 Sleeving, 3" Sch 40 PVC 10 10 o l f 3.25 0.00 40 Sleevin~, 2" Rotors Sch 40 PVC 50 340 290 lf 2.40 696.00 41 Control er Rainbird RC-1260C W.LPP-K and PMC 1 1 o ea 475.00 0.00 42 Pump and a(l Associated Piping, Valves, Control Panel, etc 1 1 o ea 5250.00 0.00 43 Rust Control Unit 1 1 o ea 305.00 0.00 44 Enclosure: Vac Pak CB 400 w/concrete pad 1 1 o ea 1200.00 0.00 45 Rain Switch, mini-clik 1 1 o ea 65.00 0.00 46 Well, 6" Gravel Pack 100' Base Depth 1 1 o ea 8620.00 0.00 47 H~Kong Orchid 3 9 6 ea 92.00 552.00 48 G Li 000 7 7 o ea 102.00 0.00 49 Silver Buttonwood 210 195 -15 ea 6.85 -102.75 50 Cocol?lun 126 120 -6 ea 6.50 -39.00 51 Dwarf Bougainvillea 400 751 351 ea 3.00 1053.00 52 Royal Poinciana 3 3 o ea 150.00 0.00 53 Pineland Privet 330 340 10 ea 3.50 35.00 54 Oahoon Holly 3 3 o ea 100.00 0.00 55 Wax Myrtle 6 0 -6 ea 42.00 -252.00 56 Si~son Stopper 10 12 2 ea 147.00 294.00 57 Muh ey Grass 50 100 50 ea 6.80 340.00 58 Slash Pine 36 36 o ea 42.00 0.00 59 Live Oak 4 9 5 ea 140.00 700.00 60 Mahogany 18 18 o ea 155.00 0.00 61 Cabbage Palm 18 0 -18 ea 90.00 -1620.00 62 Necklace Pod 108 108 o ea 8.40 0.00 63 Yellow Trumpet Tree- ~ntea 6 8 2 ea 123.00 246.00 64 Yellow Tr~t Tree- llata 3 0 -3 ea 123.00 -369.00 65 St. AU9ustine Floratam 85000 98500 13500 sf 0.14 1890.00 66 IndenV'lIfication 1 1 o ls 10.00 0.00 ------------ Irrigation/landscaping net add/deduct for original Contract $6,864.00 --------...--- '. . . . Change Order #1 Revisions . 191 lf 16.43 3138.13 1 Curb/sidewalk combination 2 change entrance location per County r~uirement 1 ls 2m.50 2m.50 3 Reha existing draina~e structure on Enfield 1 ls 590.40 590.40 4 Add "Washingtonian Pa IDS" per revised landscaping 7 ea 480.00 3360.00 5 Add RC7C Station Controller per revised irrigation 1 eB 440.00 440.00 6 Add'l depth of irrig well for increased capacity 20 lf 61.60 1232.00 Change Order #2 Revisions 1 FPL service upgrade including lift station 1 ls 830.50 830.50 2 Additional oleanders per Nancy Davila 9 ea 45.00 405.00 3 Bou9ainvillea Trellis 5 ea 38.50 192.50 4 Add\tional irrigation for area adjacent to Lift Station 1 ls 140.00 140.00 -....-----------------. Net add/deduct for for Change Order No. 1 and No. 2 $13,106.03 ------------ Net total add for Project thru Change Order #2 $5,859.28 =====~===== " Contract Recap $123,328.20 or~inal Contract A net total add thru Change Order #2 $5,&59.28 --------'------ Final Contract amount thru Change Order #2 $129,,187.48 Less Contract amount thru Change Order #1 ($122,438.98) ----------..-..- Net add amount Change Order #2 Final $6,748.50 ================ " . City of Delray Beach Departmental Budget Transfer (1) Departmental Une Transfer (2) Date May 6, 1993 (3) Interfundllnterdepartmental Transfer (4) Batch Number ~/pSD (5) Requested By: Richard C. Hasko, Asst. City Engineer (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN S3s<7 U 225-3162-541-61.17 Street Reconstruction $ e', 749 225-4141-572-61.37 Boy Scout Hut Improvment $ ~ ,~~ \ S 3S7 Si 3 SC; 'U (10) TOTAL $ 6, 74~ $ 6,749 JUSTIFICATION: Transfer necessary to cover costs of Chan e Order No. 2 to As halt Construction of Palm Beach Inc. for the Bo Scout Hut Enfield Rd 1m rovements. Pro'ect No. 91-85. This is for final Ius minus as-built the unit rice Contract and additional miscellaneous irri u rade of FLP service. S~w S. ~(u...S '12€: E. ..~~<"'-""'.""''''''' DepartmentHead Asst City Manager .. Budget Officer City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ , I SUBJECT: AGENDA ITEM it: ~ - MEETING OF MAY 11. 1993 REOUEST FOR FINAL PAYMENT/NPDES APPLICATION DATE: Ma y 7, 1993 This item is before you to approve the request for final payment in the amount of $3,083.37 from the Northern Palm Beach County Water Control District. This payment represents the City's share for joint participation in the NPDES application process. Part I of the joint application has been reviewed and approved by the Environmental Protection Agency (EPA) . The Part II application is prepared and will be submitted to EPA on or before the deadline of May 17, 1993. Recommend approval of the request from Northern Palm Beach County Water Control District for final payment in the amount of $3,083.37j with funding from Stormwater Utility Fund - Other Professional Services (Account No. 448-5411-538-31.90). ., . Agenda Item No.: . . AGENDA RErlUEST Date: April 30. 1993 Request to be placed on: --K-- Regular Agenda _____ Special Agenda _____ Workshop Agenda When: .....Ay ", IH.> Description of item (who, what, where, how much): Staff requests Commission approval of final payment to Northern Palm Beach County Water Control District for the City's share of funding for the ;oint NPDES Application in accordance with the Interlocal Agreement between the City and NPBCWCD dated June 26. 1991. and supplement thereto dated March 25. 1992. Part I of the joint aoolication has been reviewed and aoproved bv EPA. The Part II aoolication is oreoared and will be submitted to EPA on or before the deadline of May 17 as coordinated with the other co-applicants. The final oavment amount is $3.083.37 on P.O. ~ 11508232. The fundin~ source is account 11448-5411-538 ~J.1~. 31. 9-0 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO - - Recommendation: Staff recommends approval of payment. Department Head Signature: $Jil/i.bfl."~ oal.l ,~M~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~red on all items involving expenditure of funds): Funding available: ES NO Funding alternatives (if apPliCable)~ Account No. & Description ~ ~WJ S3 ~ ~/. 9 () ~;n. ~4)- Account Balance 1s/ 13. i} tJ Pr&#I.f S"VC..s . , City Manager Review: Approved for agenda: ~/NO ~lv1 Hold Until: ' Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.kt '. . MEMORANDUM TO: David T. Harden City Manager THRU: William H. GreenWOod~~ Dir. of Environmental Services FROM: Richard C. Hasko, P.E. D/~ Asst. City Engineer DATE: May 3, 1993 SUBJECT: N.P.D.E.S. Coapplication to EPA Project No. 91-066 Attached is an agenda request along with a copy of the final invoice from Northern Palm Beach County Water Control District (N.P.B.C.W.C.D.) for the City's contribution to the funding of the N.P.D.E.S. Coapplication for stormwater permitting by E.P.A. The agenda request is for approval of final payment of $3,083.87 against P.O. #508232 issued in the total amount of $37,000.00, and funded from account #448-5411-538-33.19. The expenditure is in accordance with an interlocal agreement between the City and N.P.B.C.W.C.D. dated June 26, 1991, and a supplement thereto dated March 25, 1992. Part I of the joint application has been reviewed and approved by EPA. Part II of the application must be submitted to EPA by May 17, 1993. Delray's portion of the application is complete and ready for submittal at this time. DH: rom File: Project No. 91-066 (D) Memos to City Manager DH166503.MRM '. . . . qr - lob r--- . O1orthern g aim {l3each @ou"'" @aler @o,,'rol Q)islricl 002423 If' f~ '....lqu 357 HIATT DRIVE EN\! (':\,-.,11:\1-1,;" ~ .~ ,," ......1": """.~! ~.....". PALM BEACH GARDENS, FLORIDA 33418 93 r,PR 20 PM 1: 51 TELEPHONE (407) 624-7830 FAX (407) 624-7839 f~ E ~,:~: \\fEO ", CITY OF DELRAY BEACH ATTN: RICHARD C. HASKO, P.E. ASSISTANT CITY ENGINEER lOO N.W. lST AVENUE DELRAY BEACH, FL 33444 P.O.'508232, VENDOR #764 Date Description Debit I Credit Balance 4/l5/93 NPDES (l/12 OF ITEMS A - E) 3,083.37 3,083.37 PAY LAST AMOUNT IN BALANCE COLUMN' STATEMENT ., ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER &1 SUBJECT: AGENDA ITEM # ~ f( - MEETING OF MAY 1I. 1993 CORRECTION OF FUNDING SOURCE - CHANGE ORDER NO. 1/DUTCH CONSTRUCTION COMPANY. INC. DATE: May 7, 1993 At the April 20th special/workshop meeting the Commission approved Change Order No. 1 to the contract with Dutch Construction Company, Inc. in the amount of $42,908; with funding from 1992 Bond Anticipation Note - Redevelopment of Veteran's Park (Account No. 227-4126-572-61.63). Subsequently it was noted that the funding source should have been Decade of Excellence Bond Issue - Redevelopment of Veteran's Park (Account No. 225-4126-572-61.63/$27,437) and Decade of Excellence Interest Earnings (Account No. 225-0000-361-10.00/$15,471) . Recommend approval of the change in funding source for Change Order No. 1 to Decade of Excellence Bond Issue - Redevelopment of Veteran's Park (Account No. 225-4126-572-61.63) and Decade of Excellence Interest Earnings (Account No. 225-0000-361-10.00/$15,471). " . , Agenda Item No.. AGENDA REQUEST Date. May 3, 1993 Request to be placed on. XXX Regular Agenda Special Agenda Workshop Agenda When. May 11, 1993 Description of item (who, what, where, how much). Staff requests City Commission to approve this request of changing account numbers to Dutch Construction Chanoe Order No.1 which was originally approved on the April 20.1993 Special/Workshop Meetina. The account number 227-4126-572-61.63 is incorrect; it shoul d be 225-4126-572-61 .63 ,whi ch has the $27 .437iH ~nd DOE Interest Earni nos for $15.471 - total beinq 42.908.00. ORDINANCE/RESOLUTION REQUIRED. YES/NO DRAFT ATTACHED YES/NO Recommendation. Staff recommends approval to change account numbers. Department Head Signature. lV#dLD"~- j ~>#/r3 , Determination of consistency with Comprehensive Plan. City Attorney Review/Recommendation (if applicable) Budget D~rector Review (~ed on all items involving expenditure of funds). Funding available. ES 0 Funding alternatlve (if applicable) . R 11 ~ Account No. & Description '~ ~ .~2. .t.,.~3 ~ ~o.~ ~ J<.. 2:', If3? ~ . Account Balance 2. 3~llo 00 · i) ,e r-J~ l~y..?1 city Manager Review. I Approved for agenda. @/NO 671. Hold Until. Agenda Coordinator Review. Received. Placed on Agenda. Action. Approved/Disapproved \ . '- . '--' .. ~ CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION SPECIAL/WORKSHOP MEETING - APRIL 20. 1993 - 6:00 P.M. P,'" B "?;2.1. S""JeU - ,e.~f.J, FIRST FLOOR CONFERENCE ROOM RetD,t,) ~...J 51'" S~.I(. F,'re. clt!..."J. f:.rU''4''~J ~:J.I>f~ t't!ptJd 'f.-,~"'fI)W J/J/I( w /)~ ~M. ~_{,.", ,dlulte. c.. II". AGENDA 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 does not provide or prepare such record. Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the Commission to be held in the First Floor Conference Room at 6 P.M. on Tuesday, April 20, 1993. . This meeting has been called for the purpose of considering the following: 1. Proclamation - National Youth Service Day - April 20, 1993. 2 . City v. Young Mens Progressive Club settlement of attorney's fees in the amount of $10,000. City Attorney recommends approval. 3. Agreement with Highland Beach. "4l1116lr~n9'. 03;'d~ No.-.con;tr,act",,'tlith,. Dutch, <,Construction Company, ;.l;i :t'fi"'\~' if", " "611', ,", ~2,,'9'O(8 if'et,...~'ti\~~'liJ!i'~~ .", (ffi"" "e8"'" ',' " 't a'" Cr' ,,' " ; ".:' '.' '. "'. ' ' , : f ., \ , " .' r',.. '. .e," neousil''l,.ca,ng,', ,equese ,... " l1Y~~fll)~,'3i'5 ,a,n~' 'a:;ch~1.t"ct;'4!11~~W ith.:;;~.fun.ding'iW\f:t:~mr..,~E~lcin._\,:>d tAn1!~c:dl . ; , o:t.e., t"'"'(~, edevelopment, of. Veteran's. Park' (Account,;i,NO~'. . !2;'7~4~~2~ ' ' ", .611*,:0'3 ~-d?$; /I.l 1f.l1. ".~7~-::i;;--;:p.'";;-' ~:,' .. . . " L'1!I!fa~-/I(1 - .t~C.C. wl".fJbe. c.."~I~e{l".=l taJJ'YI~..1 Alison MacG egor rty J'f, ~.~$ >()r J}.t>.it, /p,ri" Sf.'''' .,'fe. . ,..,.. Ci ty Clerk w....IJ,'(-J,e. QJ)II,.lIble f,~+t.. c"J.}'t-. Mple.."...L C..._,'Jff A,J:s "~..... JJ..~t~$ Aoc'"""c'tWORKSHOP AGENDA P. . ~''p (j' [ A t- o.. .....&.1) f/1I.pl\ey _ hI ~,.s+ ~ j pbl~c, .$c o'lA.r.. t:. e~$e. -I/ff't"~ 1)9 1. Legislative Report - Kathleen Daley. c::::4-y Celt" rv'ollll-fcL. ~~"J.5 ,~ ... l~""",......& fH~e. ). 2. Renewal of Health Insurance. ~ - ~r.'4.;q "3"':~~ Discussion regarding Bond Refunding ,J'~fr.Je.e.tecP C-&S1j.IIIC(OUa f, e"'llo/4_G. hV,'3'" , I Wf. S r'lI'""" B".ttP 1'('iet:t<<J> .5C14J"'~" elf ~ct"D" -1#-J'~r,",lIl.t,..~ t..~.$. , 4. Discussion with Heritage Association with regard to reconsideration of their previous conditional use request. S . Program for S.W. 10th Street. fPe~f II? C"'''~(eu /l111'."eJ 6 . Review of Goal Setting categories and projects. 7 . Commission Comments. D.";,, L~,,} ,slII:H &.hty- '.af J9,,~. C.Olltoct.. thtohl "",l<. Q~(). "'Il"~t. Rou',- 8.,,1 cu",.' I P"'~;~Cl"c.;.1 ~,,:..(S'.1 '. '. ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf9'1v1 SUBJECT: AGENDA ITEM # {iL - MEETING OF MAY 11. 1993 MODIFICATION OF BID AWARD/ATLANTIC FORD TRUCK SALES DATE: May 7, 1993 This item is before you to approve the modification of the bid award to Atlantic Ford Truck Sales for a Ford Dump Truck. Staff is recommending that an Allison HT 750 automatic transmission be added to the base bid at a cost of $14,500. This option was not included in the original specificationsj however, staff anticipates that the cost to replace the clutch in the manual transmission over the life of the vehicle would exceed the cost of the automatic transmission. This would bring the total bid award to $69,883. A detailed staff report is attached as backup material for this item. Recommend approval of the modification to the bid award to Atlantic Ford Truck Sales to include an automatic transmission at the cost of $14,500j with funding from Garage Fund - Automotive (Account No. 501-3312-591-64.20). " . - . Agenda Item No.s AGENDA REQUEST Dates May 5, 1993 Request to be placed ons XXX Regular Agenda Special Agenda Workshop Agenda Whens May 11, 1993 Description of item (who, what, where, how much) s Staff requests City Commission to approve addition of automatic transmission option costing $14,500 to the Ford Dump Truck ($55,383.00). This truck was approved for purchase by City Commission on April 13, 1993. Funding will be from Garage Automotive #501-3312-591-64.20. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendations Staff recommends City Commission to approve the addition of automatic transmission to the Ford Dumo Truck a1readv aooroved bv Citv Commission on April 1~. 1993. Department Head Signatur.~~~ ~~;43 ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Dt~ector Review (~red on all items involving expenditure of funds): Funding available: YES NO Funding alternatives (if apPlicab~ ~ Account No. & Desc~tion 5C?~ 33/2 s<7/ 6l..f- 2:D ~e wf)- ~ ~ Account Balance 38"k;. 37 - City Manager Review: Approved for agenda: eJ/NO 8rv~ Hold Untils Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A_ Barcinski, Assistant City Manager/~ Adminstrative Services FROM: Jacklyn Rooney, Buyer ~ DATE: May 06, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 11, 1993 - PURCHASE AWARD - AUTOMATIC TRANSMISSION - FORD DUMP TRUCK Item Before City Commission: The City Commission is requested to approve the purchase of an automatic transmission option for the Ford Dump Truck (approved by Commission 04/13/93) at an additional cost of $14,500_ Per the Finance Department, funding is from: ( ) - Background: This automatic transmission option was not priced in the Florida State Contract 070-700-600 for the purchase of a Ford LN9000 dump truck. The Fleet Superintendent has reviewed this requirement and recommends this automatic transmission to be installed on the dump truck per attached memo dated May 05, 1993_ This option was quoted by Atlantic Ford after Commission approval of the purchase of the dump truck. Recommendation: Staff recommends the apporval to purchase this automatic transmission per attached memo at an additional cost of $14,500. Attachments: Memo from Fleet Superintendent pc: William Greenwood Richard Corwin Richard Sandell . . - MEMORANDUM To: Robert Barcinski Assistant City Manager From: Richard V. Sandell Fleet/Facility Maint~t~ ;. Thru: William Greenwood ;J) .51~ 1{7 Director of Environmental Services Date: May 5, 1993 Subject: Change Order Please change the order for the purchase of the Ford LN9000 dump truck, State Contract 070-700-600, approved by City Commission on April 13, 1993, to include an Allison HT750 automatic transmission at the cost of $14,500. This option was not priced in the referenced State contract, but quoted to us by Atlantic Ford after Commission approval. The addition to this vehicle makes it virtually identical to the two dump trucks recently purchased from Atlantic Ford for sludge hauling at the Water Treatment Plant. The cost to replace a clutch in a manual transmission truck is between $l,OOO to $l,300. Over the anticipated 20 year life of the truck this expense would exceed the cost of the automatic. All the heavy vehicles we now run have automatic transmissions and we recommend continuing this practice due to the number of employees and the conditions under which they are required to operate the equipment. RVS/rvs cc: File Richard Corwin Ted Glas Memos to Assistant City Manager '. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER M. SUBJECT: AGENDA ITEM * gptJ - MEETING OF MAY 11. 1993 RESOLUTION NO. 40-93 DATE: Ma y 7, 1993 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 511 N.W. 2nd Street. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,134 remains unpaid. Recommend approval of Resolution No. 40-93 assessing costs to demolish an unsafe building on property located at 511 N.W. 2nd Street. '. . _._~. RESOLUTION NO. 40-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, 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 Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of , the City of Delray Beach, the Building Offic ial 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 Chapter 165 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 Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing 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 noti.ce 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 demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, 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 Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said 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 Chapter 165, of the Code of Ordinances 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 165.42 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 assess- ment 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 proper- ty, 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, Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained , herein shall become due and payable thirty (30 ) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day , of , 1993. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 40-93 ., NOTICE OF ASSESSMENT Date TO: G1Rdy~ L. LR~t~r ~~tRte ADDRESS: ,11 NW 2nd Strp~t, DelrRY ReR~h, Fl 11444 PROPERTY: ,11 NW 2nd Street. DelrRY Beach, Fl 11444 LEGAL DESCRIPTION: ESO' of WlS0' of S150' of Block 18. Town of Delray according to Plat Book 1. Page 3 of the official re~ord~ of PRlm RpRch County, FI You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $?,11~ oQby resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 12-11-92 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 4-21-93 at a cost of$2,134.00 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 THE CITY COMMISSION. City Clerk , . .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ffJV1 SUBJECT: AGENDA ITEM ~ ~j\f - MEETING OF MAY 11. 1993 RESOLUTION NO. 41-93 DATE: May 7, 1993 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 308 N.W. 1st Street. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,409 remains unpaid. Recommend approval of Resolution No. 41-93 assessing costs to demolish an unsafe building on property located at 308 N.W. 1st Street. '. -. - -~------_.. - -- ----- ---- -~---- RESOLUTION NO. 41-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PUR~UANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTSj PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, 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 Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inancesj and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of I 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 Chapter 165 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 Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolishedj 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 demolished from the date of the said noticej and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Officialj therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be donej and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said 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 Chapter 165, of the Code of Ordinances 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 wi thin thirty (30) days after mailing of the notice described in Section 165.42 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 assess- ment 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 proper- ty, 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. Section 4. That this resolution shall become effective thirty . (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAYOR ATTEST: City Clerk - 2 - Res. No. 41-93 '. NOTICE OF ASSESSMENT Date TO: Pasco Baker ADDRESS: c/o Bertha Nelson 330 Washington Avenue~ Delray BeaC'h~ Fl 11444 PROPERTY: 308 NW First Street. Delray Beach. FI 33444 LEGAL DESCRIPTION: Lot 13. Block 36. Town of Delray accorning to Plat Book 1, Page 3 of the official reC'ordR of Palm Be.<lC'h 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$2,409.00 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 notice on 3-26-93 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 4-21-93 at a cost of$2.409.00 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 Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk ~ . '" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i 80 - MEETING OF MAY 11. 1993 RESOLUTION NO. 43-93 DATE: May 7, 1993 This is a resolution assessing costs for abatement action required to correct unsafe conditions on property located at 4095 N.W. 7th Court. Abatement action included replacement of a portion of a screen enclosure around a swimming pool and securing screen doors with wire. 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 $671 remains unpaid. Recommend approval of Resolution No. 43-93 assessing costs for abating an unsafe conditions on property located at 4095 N.W. 7th Court. '. . -----~--- .-- ---- -- ---.,--.. --~- RESOLUTION NO. 43 -93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PU~SUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID. ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, 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 Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances 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 Chapter 165 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 Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing 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 demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, 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 Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said 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 Chapter 165, of the Code of Ordinances 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 (3D) days after mailing of the notice described in Section 165.42 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 assess- ment 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 proper- ty, 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. 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 (30l days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(sl, and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAY 0 R ATTEST: City Clerk - 2 - Res. No.43-93 " NOTICE OF ASSESSMENT Date TO: Frank Craft ADDRESS: c/o Carol Knowles, Great Western Bank PO Box 789, Lake Worth, FI 33460 attn: Foreclosure Dept. PROPERTY: 4095 NW 7th Court, Delray Beach, FI 33445 LEGAL DESCRIPTION: Lot 99, Block 1, Lake Forest South according to Plat Book 43, Page 152 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 $671.00 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 notice on 3-19-93 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 4-1-93 at a cost of $671.00 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 Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk ~ . . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ ~ j) - MEETING OF MAY 11. 1993 AWARD OF BIDS AND CONTRACTS DATE: Ma y 7, 1993 This item is before you to approve the award of the following bid and contracts: 1. Advanced Life Support Vehicle - Highland Beach - Southern Ambulance Builders, Inc. in the amount of $83,122 with funding from the Town of Highland Beach. 2 . Seven (7 ) Vehicles - Police Department - Duval Ford (via State Contract) in the amount of $95,605 with funding from Business Insurance Fund (Account No. 551-1575-591-45.50/ $8,500) and Garage Fund - Automotive (Account No. 501-3312-591-64.20/$87,105). Recommend approval of the award of the above bids and contracts with funding as indicated. '. . Agenda Item. No.: AGENDA REQUEST Date: May 3, 1993 Request to be placed on: XXX Regular Agenda Special Agenda Workshop Agenda When: May 11, 1993 . Description of item (who, what, where how much): Purchase of an Advanced Life Support vehicle and Option 8.1.4, from gid #92-20. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of purchase with funding to come from the Town of HiQhland Beach. Total of $83.122. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). , V~~.\L Department Head Signature: - City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No_ & Description: Account Balance: City Manager Review: M ~pproved for agenda: @NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . . [ITY DF DELRRY HEREM FIRE DEPARTMENT RCCE:II/~D NAY s MEMORANDUM CITy MA 199J NA'J,r,Q' ,~ f)~fICf TO: DAVID T. HARDEN, CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: MAY 3, 1993 SUBJECT: REQUEST FOR CITY COMMISSION APPROVAL FOR AN ADVANCED LIFE SUPPORT VEHICLE - HIGHLAND BEACH We are requesting the purchase of one (1) Advanced Life Support vehicle from Southern Ambulance Builders, Inc. of La Grange, Georgia for deployment in the Town of Highland Beach. Our last purchase from this firm was part of a joint venture between the City of Delray Beach and the City of Boca Raton in which we developed joint specifications and benefited from increased purchasing power on a per unit basis. As part of their current bid, Southern Ambulance Builders has agreed to hold the bid price for additional units through July 1, 1993. The vendor will also absorb any increase in the chassis price as well as manufacturing price increases occurring since our last order. This purchase in the amount of $83,122 includes the base unit price of $83,000 and Option 8.1.4 in the amount of $122. This apparatus will be funded by the Town of Highland Beach as part of our recently executed agreement for Fire Rescue Services. \t~ 1S.\l Kerry B. Koen Fire Chief KBK/mmh cc: Ted Glas, Purchasing Officer Robert Barcinski, Assistant city Manager Richard corwin, Deputy Dir. Public Works FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - OELRAY BEACH, FLORIDA 33444 407/243-7400 - FAX 407/ 265-4660 '. . .. PI610U02 City Of Delray Beach Florida 5/03/93 Purchase Requisition 14:13:55 Requisition: Number : 0000016506 By . . REQUESTING P. HOPE Date . . 050393 Reason . . . RESCUE UNIT - HIGHLAND BEACH Suggested vendor: Number 53 or Name SOUTHERN AMBULANCE BUILDERS Search type (B/C) Ship to(?) . . F1 CENTRAL FIRE STATION Deliver by date . . 073093 Type information and/or option, press Enter. Conunents (Y/N) A=Add info, C=Conunents, D=Delete, Q=Quotes Line Quantity UOM Unit Cost Extended Nbr (2 decimals) (?) Description (4 decimal s) Cost Opt 1 1.00 EA RESCUE VEHICLE INCLUDING 83122.0000 83122.00 OPTION 8.1.4, PER TERMS & CONDITIONS OF BID 92-20 1993 INTERNATIONAL W/ SOUTHERN AMBULANCE BLDRS. PAYMENT THROUGH HIGHLAND BEACH AGREEMENT Total 83122.00 F3=Exit F8=Requisition quotes F12=Cancel Highlighted/protected fields indicate record has been processed or deleted. ;.f!t~~ " 4U(24S(16b PURCHASING-OFFICE 563 P02 1'1AY 04 '93 08:34 ~ sourHERN 8# ~tf' F~ Rd., 1',0. Dtn--iNSJ, ~. GA :xJUJ ~ U.$.A. cr'~ ('nJI/) W.(JJM F,r ~ 8II4!JIJ6 TQS FrH US l~l~ .t':'C <<....~~.~. - - V:V. tI'_~--_ - April 8, 1993 Delray Bosoh Fire Dept. 101 W. Atlantic Ave. DGh-a'Y Beach, FL. 34443 Atun: Chief Kerry Keen Dear Sir, SOuthern Ambulance Builders is pleased to extend the terms, conditions, and speoifications of ~id # 92-20 thru July 1, 1993, absorbing the cost of any chassis inoreases. I \ Sincerely I ~.s;JI6tJ '. ... Ron ami th . District Sales Kanaqer Southern Ambulance Builders : . ,/ ....\ ~,. RellCuc Fir", WMckMr Exp(il't ~' VMlckIl APfM,,,lwi V.-ns S$M!i '. . . Agenda I tem No. : AGENDA REQUEST Date: April 30, 1993 Request to be placed on:' TI Regular Agenda Special Agenda Workshop Agenda When: May 11, 1993 where, how much): Purchasing . YES/NO Draft Attached: YES/NO Recommendation: Award to Duval Ford, via Florida ~tate Contract: 1 - Ford Taurus ------ $ 37.997. II 4 - Ford Crown Victoria -~7,608. $ 95,605. Department Head Signature~J}tJ i!fr'L Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~ NO , Funding alternatives: (if applicable) ~ccount No. & Description, $1 /S~r S9/ &J.S SU ~J\#6S.5. /~v~ ccount Balance: ~ ~ 2-~5ob.7..(,. City Manager Review: StJI 3312- 5/1 ~ >'-"U) . ~.e)';"1I/I) - Approved for agenda: ~/ NO tJ1V) ~d71v~ #~3?J Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ FROM: Ted Glas, Purchasing Officer ~~ DATE: April 30, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MAY 11, 1993 , PURCHASE AWARD POLICE CARS Item Before City Commission: The City Commission is requested to award the purchase of police cars to Duval Ford, at a total cost of $95,605. Per the Finance Department, fun~ is from: AeA-f.ad 5"(!){ - 3'(2- ~91_(p'/..2o ~~~()~.&.t. ( ~L<!.. ~ ~~=-ss{-/ns~s"l4's'!l...uu,..IA~F"~ )'~I"'~-Cf~ Background: Funds were placed in the FY 92-93 budget for vehicle replacements under the direction of the Vehicle Maintenance Division of the Environmental Services Department. Police vehicles are available via Florida State Contracts as listed on attached work sheets. The Fleet Superintendent has reviewed the contracts and recommends awards as listed below. Recommendation: Staff recommends awards via Florida State Contract, as follows: Vehicle Dealer Quantity Total Cost Ford Taurus Duval Ford 3 $ 37,997.00 Ford Crown Vic Duval Ford 4 57,608.00 $ 95,605.00 Attachments: Memo from Fleet Superintendent Contract Work Sheets pc: William Greenwood Richard Corwin Richard Sandell '. ' . . N N N N ~ ~ a- Ll") 0 0 0 0 ("'") ("'") N 0 ~I ~ ~ ~ ~ LI") LI") 0- \0 .. .. .. .. .. .. .. .. ~ ~ ~ ~ N N N LI") ...... ...... ...... ...... ...... ...... ...... 0- -EoIT -EoIT -EoIT -EoIT -EoIT -EoIT -EoIT -EoIT I ("'") ("'") ("'") ~ ("'") ("'") ("'") 0- 0- 0- 0- 0- 0- 0- ~ 0- 0- 0- 0- 0- 0- 0- ...... ...... ...... ...... ...... ...... ...... W >-' . ~I E-< ("'") ("'") ("'") ("'") r- r- r- u:J W C\l C\l C\l C\l 'rl 'rl 'rl 'rl l-l l-l l-l l-l 0 0 0 0 +J +J +J +J CJ CJ CJ CJ 'rl 'rl 'rl 'rl :> :> :> :> E-< CIl CIl CIl z $ $ $ $ ::l ::l ::l W l-l l-l l-l ::<:1 0 0 0 0 ::l ::l ::l ~ W l-l l-l l-l l-l C\l C\l C\l W U U U U U E-< E-< E-< Z ~ ~ '0 'd 'd 'd 'd 'd 'd P-< l-l l-l l-l l-l l-l l-l l-l W 0 0 0 0 0 0 0 p::: ~ ~ ~ ~ ~ ~ ~ u:J P Z W W 0 ~ @ H U E-< H ~ H !=: !=: !=: !=: 0 0 0 p:: u:J 0 0 0 0 0 0 0 W 0 'rl 'rl 'rl 'rl 'rl 'rl 'rl p:: :> 0 P-< +J +J +J +J +J +J +J U U u:J CJ CJ CJ CJ CJ CJ CJ ~ H W H ~ ~ ~ ~ ~ ~ ~ W Z p::: P o:l W >-' ~ ~ U C\l ~ ~ ~ ~ 'rl l-l l-l l-l ..... ..... l-l ::l ::l ::l W P-< 0 ~ ~ ~ p W +J p::: CJ 'd 'd 'd ~ Q) Q) Q) 'rl !=: 0 0 0 0 CJ CJ CJ :> C\l C\l C\l Z W 'rl 'rl 'rl l-l l-l l-l >-' H ..... ..... l-l l-l l-l 0 0 0 0 E-< E-< U W p.. p.. p.. :3 H u:J H P (1j C\l C\l 0 .c .c .c u H p:: 0 U U U l-l +J +J +J ~ w ::<:1 u ::l ::l ::l :> ......... ~ ~ ~ 0 0 0 E-< W :> :> :> 'd a a a w p ~ Q) Q) Q) H ~ ~ ~ w ~ .c .c .c 0 ....; ....; ....; ~ 0 u u u ~ P-< P-< P-< ~ Q) ....; CJ 'rl ,..c: Q) Q) :> :> 'rl w 'd +J 0 N ~ ~ Q) (1j 0 \0 00 ~ r- LI") 0- ..!<: LI") 0 0 w ("'") 00 LI") CJ 'rl 0 0- ...... .....:l ....; .. .. .. Q) +J .. .. .. H 0 ("'") N 0- l-l CIl 0- r- r- ~ l-l \0 r- LI") ~ Q) ~ \0 \0 +J ~ C\l P-< H ......... -.... +J +J ~I 0 0 0 0 ...... 0 \0 \0 \0 Q) 0- 0- 0- 0- Q) 00 00 00 a 0- 0- 0- 0- a 0- 0- 0- +J ...... ...... ...... ...... +J ...... ...... ...... l-l l-l C\l C\l Q) Q) p p ~ ..... QJ QJ U CJ CJ H 'rl ...... N ("'") r- 'rl 0- r- ("'") p:: ....; 0 0 0 0 ....; 0 0 ...... w 0 0 0 0 ...... 0 \0 \0 \0 :> P-< ...... ...... ...... ...... P-< ...... ...... ...... ,. MEMORANDUM TO: Ted Glas. Purchasing Officer FROM: Richard Sandell. Fleet/Facilities Superintendent DATE: April 30. 1993 SUBJECT: Purchase of Police Vehicles Per our joint review of the State Contract on automobiles. I recommend the award of seven (7) police vehicles to Duval Ford. per "Cont ct Work Sheets". '. . MEMORANDUM TO: MAYOR AND CITY COMMlSSIONERS , FROM: CITY MANAGER t1r1 SUBJECT: AGENDA ITEM i 8q - MEETING OF MAY 1L 1993 RENEWAL/EXTENSION OF HEALTH INSURANCE CONTRACT DATE: May 7/ 1993 This item is before you to approve an extension of the present health insurance contract with Anthem, as amended with new stop loss premiums and administrative costs/ until September 30, 1994. This extension will not change employee dependent or City rates. This issue will be readdressed prior to September 30/ 1993 to review alternative plans. Recommend approval of the extension of the health insurance contract with Anthem until September 30/ 1994. '. . Agenda Item No. : AGENDA REQUEST Date: 05-07-93 Request to be placed on: ' X Regular Agenda Special Agenda Workshop Agenda When: 05-11-93 Description of agenda ltem (who, what, where, how much): Approve an extension of the present Health Insurance Contract with Anthem, as amended with new stop loss premiums and administrative costs, until September 30, 1994, without changing employee dependent or City rates at this time. Review alternative plans for implementation October 1. 1993. YES.€) ,r'- -, ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES~, j) Recommendation: Approval is recommended as outlined above by the Finance Director. (This issue will be re-addressed with the City Commission again prior to .Se.E!el}lber 30, 1993. Department Head Signature: Determination of Consistency with Plan: N/A City Attorney Review/ Recommendation (if applicable): N/A Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES; NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: NO 11/1 Approved for agenda: (fi}/ Hold Untll: Agenda Coordinator Review: Recelved: Actlon: ApprovedjDlsapproved '. CITY OF DElRAY BEACH HEALTH INSURANCE RENEWAL EFFECTIVE MARCH 1, 1993 1990 1991 1992 1993 DESCRIPTION ACTUAl ACTUAl ACTUAl RENEWAl NUMBER OF HEAlTH UNITS ACTIVE EMPLOYEES 644 661 643 639 DEPENDENTS 253 228 209 168 RETIRED EMPLOYEES 45 45 45 43 RETIRED DEPENDENTS 14 14 14 14 TERMINATED COBRA EMPLOYEES 6 6 6 5 TERMINATED COBRA DEPENDENTS 1 1 1 1 TOTAl UNITS 963 955 918 870 COST BREAKDOWN - ANNUAL CLAIMS 1,560,501 1,671,554 2,024,923 2,100,000 INDIVIDUAL STOP LOSS PREMIUM 64,763 65,121 55,968 89,695 AGGREGATE STOP lOSS PREMIUM 13,700 14,750 14,750 17,926 ADMINISTRATIVE FEES 80,526 100,958 104,616 125,840 STATE PREMIUM TAX 15,920 26,1 01 40,478 51,880 CLAIMS REVIEW FEES 19,524 19,812 26,292 26,793 I TOTAl COSTS 1,754,934 1,898,296 2,267,027 2,412.134 IAVERAGE ANNUAL COST PER UNIT 1,822 1,988 2,470 2,773 IPERCENTAGEINCREASE 9.08% 24.24% 12.27oli l~~~ I~TE~1 IMONTHl Y INSURANCE RATES I CURRENT RATES PER MONTH 185 261 RENEWAL INCREASE 29 34 I REVISED RATES 214 295 I PERCENTAGE INCREASE 15. 6~/o 13.030/0 I ,REVENUE PROOF REVISED RATES PER MONTH 214 295 X CURRENT NO. OF UNITS 687 183 I MONTHLY REVENUE 147,01 B 53,985 201,003 ANNUAL REVENUE 1,764,216 647,820 2.412.036 I I RECOMMENDATIONS EXTEND CURRENT CONTRACT WHCH EXPIRED MARCH 1, 1993 TO SEPTEMBER 30, 1994 EVALUATE ALTERNATIVE HEALTH PlANS FOR OCTOBER 1, 1993 IMPLEMENTATION INVESTIGATE STATE PREMIUM TAX APPUCABIUTY TO CLAIMS . ., ~ y OF DELRAY BER[H " pTTORNEY'S OFFICE . ~ _ :, ". 'l- : ) t :\ -~ ,. ::,! r-, . 1 Wr~~_r'. D~r_a~ ~~n_ (407) 243-7090 MEMORANDUM Date: May 7, 1993 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Agreements with the Palm Beach County Private Industry Council, Inc. The attached agreements are before you for your approval in order to allow the City to participate in the PIC summer job program. Under these two agreements the City will provide work experience to certain individuals for a two month period during the summer. All the participants in this program will be over 18 years of age and will be employed in various departments within the City. The work site project agreement requires the City to employ individuals under the Job Training Partnership Act, and provide those participants with employment in a specific work experience project. The City anticipates that the participants will be employed in order to install landscape improvements through the Bootstrap Program. PIC will provide the partici- pants in the program with the necessary workers compensation coverage and all applicable FICA and federal income tax wi th- holding. If you have any questions, please call. DNT: sh Attachment cc: David Harden, City Manager Lula Butler, Director of Community Improvement p1c.dnt ~ R '. , Agenda Item No. : AGENDA REQUEST Date: 5-7-93 Request to be_ placed on:' x Regular Agenda Special Agenda Workshop Agenda When: 5-11-93 Description of a~enda item (who, what, where, how much) : Approval of Palm each county Private Industry Council's Summer Challenge 'Y3 Program. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend Approval Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: YES/ NO Funding alternatives : All wages/benefits to be paid by P~<if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @/ NO tJ7L1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. MEMORANDUM TO: David Tolces, Assistant City Attorney FROM: Patsy Fox, Human Resources Assistant THRU: Ned Gusty, Interim Human Resources Director '),? SUBJECT: REQUEST FOR APPROVAL OF THE PALM BEACH COUNTY PRIVATE INDUSTRY COUNCIL'S SUMMER CHALLENGE '93 PROGRAM DATE: May 7, 1993 The following recommendation is being made to approve the Palm Beach County Private Industry Council's Summer Challenge '93 Program. Program Objective: To provide job opportunities for youth which familiarizes them with the job market, provides skill in training and job seeking skills, and to complete needed City wide seasonal projects. Program will provide meaningful employment experiences with tangible outcome which will be beneficial to the City and to the participants. Program Duration: 10 weeks during the summer months. (one week training with the Private Industry Council, nine weeks on the job) Participant Ages: 18 years to 21 years old Work Week: Not to exceed 40 hours per week Hourly Rate: $4.50 per hour to be paid by the Private Industry Council. Residency: Palm Beach County residents only Other Eligibility Requirements: - Current driver's license or picture LD. - Proof of current address - Birth Certificates or alien registration cards for entire household. - Social Security cards for the entire household - Proof of family income or public assistance during the past six months. - Proof of wages - Proof of AFDC - Proof of Food Stamps - Proof of SSI .. - Proof of Social Security Assistance - Proof of child support and/or alimony - If disabled, proof of disability status - If in college, proof of any grants or loans you have received - If an offender, proof you were in prison any time during the past six months. - If in school, report card or school record - If applicable: Proof of draft registration These are set requirements regarding eligibility criteria for enrollment into the program. A youth may be eligible for Summer Challenge '93 as an AFDC recipient or a member of a family receiving AFDC, a food stamp recipient or a member of a family receiving food stamps, or an individual or member of a family meeting the income guidelines. These documents are checked by the Private Industry Council. Restrictions: 18 years and older. Safety shoes if required Pre-Screening & Selection Pre-screening and selection will be conducted by the Private Industry Council. Recommended Funding: None Positions: We anticipate utilizing the participants in clerical, recreational, maintenance and other related positions. Placement within City departments will be based upon departmental requests. AGENPIC.DOC/pf \:~~ Agreement No. \ cP \ d) t.- EMPLOYER WORKSITE AGREEMENT FOR WORK EXPERIENCE YOUTH SERVICES PROGRAM This agreement is made for Work Experience Project under Title II-A and/or lIB of the Job Training Partnership Act (the "Act" ) between the Palm Beach County Private Industry Council, Inc. (the "Private Industry Council"), of 600 S. Dixie Highway, West Palm Beach, Florida 33401, #(407)659-5213 and 1- City of Delray Beach . (the II Emp 1 oyer II ) Address: 2. 100 N.W. 1st Avenue Delray Beach. Fl. 33444 IRS No. 3 . 590000108 Description of organization: 4. Mlm; r; p::Il ; ry 1. TERM: The term of this Agreement shall be from 5 . , through ; provided that the Private Industry Council may earlier terminate this Agree- ment by so notifying the Employer in writing. II. EMPLOYER REPRESENTATIONS: The Employer represents that ( 1) it is a private non-profit or public non-profit corporation, and (2) is capable of providing Work Experience in accordance with the terms of this Agreement. III. SERVICES TO BE PROVIDED: The Employer shall provide Work Experience in accordance with the terms and conditions of this Agreement, in the numbers and for the occupations des~ed in the Work Experience Job Order and Description of Wor sites attached hereto and incorporated herein. IV. GENERAL DESCRIPTION A. Referral and Selection 1. The Private Industry Council shall refer to the Employer for each position, one or more individuals, if available, JTPA certified as eligible for participation throughout the term of this Agreement, in order to assure to the greatest extent possible the filling of all positions. B. Employment 1- Each participant shall be provided a meaningful employment experience, with a tangible outcome and benefits to the employer, the community, and the participant. 2. Employment shall be conducted at worksites designated on the attached Work Experience Job Order and Description of Worksites. orig. 4/20 " , 3. Employers shall ensure that participants are provic~d adequate equipment and supplies for their assigned work. 4. Participants shall be scheduled to work a maximum of forty (40) hours per week and shall not be permitted to work in excess of the eight (8) hours scheduled per day. 5. All employment and training activities hereunder shall be conducted in accordance with the conditions set forth in the attached Assurances and certifications and with applicable law. 6. Work experience will start on , 1993 and end on ~ 1993. C. Training 1. The Employer shall provide each participant with meaningful, well-supervised job training consistent with the duties and responsibilities of the job position, and designed to ensure successful attainment of entry level skills and work habits required of such position or occupation as set forth in the Work Experience Job Order. 2. Such training shall include an orientation to the organization and work station, including but not limited to the Employer's policies and procedures, work and schedules and break schedules. D. supervision 1. Em~yment and training hereunder shall be provided through the ~mployer's qualified supervisors, who shall be: (1) regular employees of the Employer, (2) experienced in the work to be performed by each participant supervised, and (3) determined by the Employer to be appropriate to supervise such participants. 2. The Employer shall maintain a ratio of one (1) supervisor to a maximum of ten (10) participants, including provision of a back-up supervisor during the absence of any supervisor. 3. The Private Industry council shall make appropriate arrangements for the orientation and instruction of supervi- sors, employing Worksite Supervisor'S Manual to be provided by the Private Industry council. Employers, the employer's supervisors and participants shall be provided with a manual outlining the policies and procedures to be followed during the program. IV. COMPENSATION 1. The Private Industry council shall compensate each participant at a 'rate of $4.50/hour for hours worked during each two-week pay period, upon receipt of proper orig. 4/20 documentation from the Employer as specified below. In no event shall JTPA funds be used to compensate a participant for hours in excess of those contractually agreed. 2. The Private Industry Council shall provide workers compensation coverage and make applicable FICA and federal income tax withholding payments for all participants engaged in Work Experience under this Agreement. V. TIME AND ATTENDANCE RECORDKEEPING 1- The Employer shall keep accurate time and attendance records for each participant, employing the Time and Attendance Record provided by th€ Private Industry Council. At the end of each two-week pay period, the Employer shall have the supervisor and participant sign and attest to the accuracy of such Record and shall promptly submit it to the Private Industry Council maintaining a copy of each Record submit- ted. 2. The Employer certifies that: ( 1) it will only record actual hours worked by participants; ( 2 ) it will require each participant to sign in and out, employing the Time and Attendance Record; (3) it will not permit participants to simultaneously sign in and sign out. 3. No Time and Attendance Records shall be submitted by the Employer to the Private Industry Council for any individual who has not been referred and certified as eligible for participation hereunder by the Private Industry Council and the Employer shall bear full responsibility for payment for any~ours worked by any such individual. VI. EVALUATIONS AND MONITORING: The Employer shall fully cooperate in the evaluation and monitoring of activities under this Agreement by the Private Industry Council, the state of Florida Department of Labor and Employment Security, the U.s. Department of Labor, and any other unit of local, state, or federal government. orig. 4/20 '. VII. ASSURANCES AND CERTIFICATIONS: The Employer shall comply with the attached Assurances and Certi- fications, which are attached hereto and made a part hereof, and will retain a copy of this Agreement at'each worksite. EMPLOYER PRIVATE INDUSTRY COUNCIL Authorized signature Authorized Signature Type Name Type Name Title Title Date Date ---- orig. 4/20 WORK EXPERIENCE ASSURANCES AND CERTIFICATIONS The Employer assures and certifies that it shall comply with the provisions of the Job Training Partnership Act (P.L. 97-300) (the "Act") and regulations and policies promulgated thereunder, as such Act, regulations, and policies may be amended from time to time, and with applicable laws with respect to political activities, private-for-profit employment activities, nepotism, conflict of interest, fund raising, political patronage, and lobbying activities. The Employer further assures and certifies as follows: 1. Employment and training provided to participants hereunder shall conform to the job description and the duties to be performed as set forth in the Work Experience Job Order. 2. Conditions of employment and training hereunder shall be appropriate and reasonable with respect to the type of work, and the proficiency of the participant. 3. Health and safety standards established under state and federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of participants. 4. Except as may otherwise be provided in this Agreement, all participants shall be provided benefits and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the sam~type of work. --... 5. Participants' activities under this Agreement shall be conducted in compliance with the child labor provisions of the state of Florida, the Fair Labor Standards Act and other applicable laws. 6. Employment under this Agreement shall not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of federal funds for other funds in connection with work that would otherwise be performed. 7. No participant shall be employed or job opening filled when any other individual is on layoff from the same or any substantially equivalent job, or when the Worksite Employer has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by hiring a participant under this Agreement. orig. 4/20 , 8. No position under this Agreement shall infringe in any upon the promotional opportunities of currently err.D'_f- individuals. 9. None of the funds disbursed under this Agreement shall be used to assist, promote, or deter union organizing. 10. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with this AgreemeDt- because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. II. The Employer shall-afford participants an opportunity to present any grievances or complaints about its activities under this Agreement, in accordance with the Act. 12. Participants shall not be employed in the construction, operation, or maintenance of any facility as is used or to be used for sectarian instruction or as a place for religious worship. , --1 13. Employers that employ participants in out-Of-Doors type work shall provide the Private Industry Council with an inclement weather plan in writing and include this provision as part of this agreement. The inclement weather plan shall be attached to this agreement. 14. The Employer shall submit such information as may be required by the Private Industry council and the Florida Department of Employment and Training in assessing the extent to which the services provided under this Agreement mee~the special needs of disadvantaged, chronically unem- ployed, and low income persons for meaningful employment opportunities. 15. The Worksite Employer will provide the U.S. Department of Labor and the Comptroller General of the United states, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Agreement for a period of three years from the date of termination of this Agreement. orig. 4{20 '~ iO .-' jc;.r \ ~ Agreement No. ~" \ WORKSITE PROJECT AGREEMENT FOR WORK EXPERIENCE YOUTH SERVICES PROGRAM This agreement is made for a Work Experience Project (hereinafter referred to as "proj ect") under Title II-A and/or lIB of the Job Training Partnership Act (the "Act") between the Palm Beach County Private Industry Council, Inc. (the "Private Industry council") , of 600 S. Dixie Highway, West Palm Beach, Florida 33401, #(407)659-5213 and. l. City of Delray Beach (the "Worksite Contractor") Address: 2 . 100 Northwest 1st Avenue, Delray Beach, Fl. 33444 IRS No. 3.596000308 Description of organization: 4. Municipality I . TERM: The term of this Agreement shall be from 5. , through , 1993; provided that the Private Industry Council may earlier terminate this Agreement by so notifying the Worksite Contractor in writing. II. WORKSITE CONTRACTOR REPRESENTATIONS: The Worksite Contractor represents that ( 1) it is a private non-profit or public non-profit corporation, and (2) is capable of providing a Work Experience Project in accordance with the terms of this Agreement. --- .~- III. SERVICES TO BE PROVIDED: The Worksite Contractor shall provide a Work Experience Project in accordance with the terms and conditions of this Agreement, in the numbers and for the occupations described in the Work Experience Project attached hereto and incorporated herein. IV. STATEMENT OF WORK: The Project will result in the employment by the Private Industry Council of JTPA youth on behalf of the Worksite Contractor which provides a meaningful work experience benefit for the youth and a particular benefit and improvement to the community and its citizens as described further in the Worksite Contractor's Project General Description. A. Project Development and Management 1. The Worksite Contractor shall develop a written Work Experience Project Description and Work Plan sufficient in detail to provide for scheduling, equipment, materials, Project management, site accessibility, and shall submit such Project description and plan to the Private Industry Council for review and approval prior to the beginning of the project. orig. 4/20 '. 2. The Worksite Contractor shall provide overall responsibility for Project oversight and shall submit a weekly evaluation of the Project's progress. 3 . The Worksite Contractor shall assure that all supplies, materials, and equipment required for the Project shall be procured, delivered and on-site for the Projects as specified in the Work Plan. 4. The Private Industry Council shall provide to the Worksite Contractor a Team Leader with a team of ten or more individuals, JTPA certified as eligible for participation throughout the term of this Agreement in order to assure to the greatest extent possible maintaining the agreed/determined number of participants in all positions to complete the Project. Continuous efforts of enrollment will replace any positions that have become available during the Project. B. Employment Work Plan 1. Each participant shall be provided a meaningful employment experience, with a tangible outcome and benefits to the Worksite Contractor, the community, and the participant. 2. Employment shall be conducted at the worksite designated on the attached Work Experience Job Order and Description Work Experience Project. 3 . The Worksite Contractor shall ensure that participants are prCNided adequate equipment, materials and supplies for their assigned work. 4. Participants shall be scheduled to work a maximum of forty (40) hours per week and shall not be permitted to work In excess of the eight ( 8) hours scheduled per day. 5. All employment and training activities hereunder shall be conducted in accordance with the conditions set forth in the attached Assurances and Certifications and with applicable JTPA and all other laws. 6. The worksite project shall start on , 1993 and end on , 1993. C. Training 1. The Worksite Contractor shall provide a project that provides each participant with meaningful job training consistent with the duties and responsibilities of the job position, and designed to ensure successful attainment of entry level skills and work habits required of such position or occupation as set forth in the Work Experience Job Order. orig. 4/20 2 . Such training shall include an orientation to the organization and work station, including but not limited to the Worksite Contractor's policies and procedures, work and schedules and break schedules. D. supervision 1. Employment and training hereunder shall be provided through qualified Team Leaders, employed by the Private Industry Council and who shall be: (1) regular employees of the Private Industry Council, ( 2 ) experienced or generally familiar in the work to be performed by each participant supervised, and ( 3 ) determined by the Private Industry Council to be appropriate to supervise such participants. 2 . The Private Industry Council will attempt to maintain a ratio of one (1) supervisor to ten (10) participants, including provIsIon of a back-up Team Leader during any absence of any Team Leader. 3. The Private Industry Council shall make appropriate arrangements for the orientation and instruction of both the Worksite Contractor, supervisors and Team Leaders. A Team Leader's Manual shall be provided by the Private Industry Counc i 1. The Worksite Contractor and participants shall be provided with a manual outlining the policies and procedures to be followed during the program. IV. COMPENSATION "-- Industry Council 1. The ---.... Pr i va te shall compensate each participant at a rate of $4.50/hour for hours worked during each two-week pay period, upon receipt of proper documentation from the Team Leader as specified below. In no event shall JTPA funds be used to compensate a participant for hours in excess of those contractually agreed. 2 . The Private Industry Council shall provide workers' compensation coverage and make applicable FICA and federal income tax withholding payments for all participants engaged in Work Experience under this Agreement. V. TIME AND ATTENDANCE RECORDKEEPING 1. The Team Leader shall keep accurate time and attendance records for each participant, employing the Time and Attendance Record provided by the Private Industry Council. At the end of each two-week pay period, the Team Leader shall have the supervisor and participant sign and attest to the accuracy of such Record and shall promptly submit it to the Private Industry Council maintaining a copy of each Record submitted. orig. 4/20 '. 2. The Team Leader certifies that: ( 1 ) it will only record actual hours worked by participants; ( 2 ) it will require each participant to sign in and out, employing the Time and Attendance Record; (3) it will not permit participants to simultaneously sign in and sign out. 3 . No Time and Attendance Records shall be submitted by the Team Leader to the Private Industry council for any individual who has not been referred and certified as eligible for participation hereunder by the Private Industry Council and the Employer shall bear full responsibility for 'payment for any hours worked by any such individual. VI. EVALUATIONS AND MONITORING: The Worksite Contractor shall fully cooperate in the evaluation and monitoring of activities under this Agreement by the Private Industry Council, the state of Florida Department of Labor and Employment security, the U.s. Department of Labor, and any other unit of local, state, or federal government. VII. ASSURANCES AND CERTIFICATIONS: The Worksite Contractor shall comply with the attached Assurances and Certifications, which are attached hereto and made a part hereof, and will retain a copy of this Agreement at each worksite. .--. '- WORKSITE CONTRACTOR PRIVATE INDUSTRY COUNCIL Authorized Signature Authorized Signature Type Name Type Name Title Title Date Date orig. 4/20 , WORK EXPERIENCE ASSURANCES AND CERTIFICATIONS The Employer assures and certifies that it shall comply with the provisions of the Job Training Partnership Act (P.L. 97-300) (the "Act") and regulations and policies promulgated thereunder, as such Act, regulations, and policies may be amended from time to time, and with applicable laws with respect to political activities, private-for-profit employment activities, nepotism, conflict of interest, fund raising, political patronage, and lobbying activities. The Employer further assures and certifies as follows: 1. Employment and training provided to participants hereunder shall conform to the job description and the duties to be performed as set forth in the Work Experience Job Order. 2 . Conditions of employment and training hereunder shall be appropriate and reasonable with respect to the type of work, and the proficiency of the participant. 3 . Health and safety standards established under state and federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of participants. 4 . Except as may otherwise be provided in this Agreement, all participants shall be provided benefits and working conditions at the same level and to the same extent as other employees working a similar leng!-h of time and doing the same type of work. '--,::,,::: 5 . Participants' activities under this Agreement shall be conducted in compliance with the child labor provisions of the state of Florida, the Fair Labor Standards Act and other applicable laws. 6. Employment under this Agreement shall not result In the displacement of employed workers or impair existing contracts for services or result in the substitution of federal funds for other funds in connection with work that would otherwise be performed. 7. No participant shall be employed or job opening filled when any other individual is on layoff from the same or any substantially equivalent job, or when the Worksite Employer has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by hiring a participant under this Agreement. orig. 4/20 ., , 8. No position under this Agreement shall infringe in any W2Y I upon the promotional opportunities of currently employed individuals. 9. None of the funds disbursed under this Agreement shall be used to assist, promote, or deter union organizing. 10. No individual shall be excluded from participation 1n, denied the benefits of, subjected to discrimination under, or denied employment in connection with this Agreement because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. 11. The Employer shall afford participants an opportunity to present any grievances or complaints about its activities under this Agreement, in accordance with the Act. 12. Participants shall not be employed in the construction, operation, or maintenance of any facility as is used or to be used for sectarian instruction or as a place tor religious worship. ~ 1 13. Employers that employ participants in out-ot-Doors type work shall provide the Private Industry council with an inclement weather plan in writing and include this provision as part of this agreement. The inclement weather plan shall be attached to this agreement. 14. The Employer shall submit such information as may be required by the Private Industry Council and the Florida Department of Employment and Training in assess1ng the extent to which the services provided under this Agreement meet~41e special needs of disadvantaged, chronically unem- ployed, and low income persons for meaningful employment opportunities. 15. The Worksite Employer will provide the U.S. Department of Labor and the Comptroller General of the United States, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Agreement for a period of three years from the date of termination of this Agreement. orig. 4/20 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 8'1 SUBJECT: AGENDA ITEM # CjA - MEETING OF MAY 11- 1993 REPORT OF APPEALABLE LAND USE ITEMS DATE: May 7, 1993 This item is before you for acceptance of the report of decisions made by the various development related boards during the period April 26, 1993 through May 7, 1993. The following actions were considered during this reporting period: Site Plan Review and Appearance Board: -Approved the architectural elevation plan associated with the construction of a laundromat facility for Bi-Lo Grocery. -Approved the architectural elevation plan (color change) for Atlantic Market. -Approved a minor site plan modification, landscape and architectural elevation plans associated with the expansion of Bob's Quick Print. -Approved the architectural elevation and landscape plans associated with the construction of a swimming pool and fence enclosure for Ocean Place Condominium. Historic Preservation Board: -Granted a Certificate of Appropriateness for the construction of a 356 square foot artist studio addition and facade changes at 119 N. Swinton Avenue. -Granted a Certificate of Appropriateness associated with facade and color changes at 124 N. Swinton Avenue. The Planning and Zoning Board did not hold a regular business meeting during this reporting period. A detailed staff report is attached as backup material for this item. '. f-)I{ L- V'fv1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: /'----"1=)AVID T. HARDEN, CITY MANAGER ~~ ~ ~UC0L- THRU: 10 J. OVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: lth/1~~ a~ ~ASMIN ALLEN, PLANNER I SUBJECT: MEETING OF MAY 11, 1993 REPORT OF APPEALABLE LAND USE ITEMS APRIL 26, 1993 THRU MAY 7, 1993 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of April 26, 1993, through May 7, 1993. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. '. '. . City Commission Documentation Report of Appealable Land Use Items April 26, 1993 thru May 7, 1993 Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MAY 5, 1993: 1. Approved the archit"ectural elevation plan associated with the construction of laundromat facility for Bi-Lo Grocery, located at the southwest corner of Atlantic Avenue and SW 9th Avenue (Vote 7 to 0) . The site and landscape plans were previously approved. 2. Approved the architectural elevation plan (color change) for Atlantic Market, located on the north side of Atlantic Avenue between SW 6th and 7th Avenues (Vote 6 to 1). 3. Approved a minor site plan modification, landscape plan and architectural elevation plan associated with the expansion of a print shop Bob's Quick Print, located at the northeast corner of SE 5th Avenue and SE 2nd Street (Vote 7 to 0). 4. Approved the architectural elevation plan and landscape plan associated with construction of a swimming pool and fence enclosure at Ocean Place Condominium, located at the northwest corner of George Bush Boulevard and State Road A-1-A (Vote 7 to 0). No other agenda items requiring the Board's action were considered. HISTORIC PRESERVATION BOARD MEETING OF MAY 5, 1993 A. Granted a Certificate of Appropriateness on a 5 to 0 vote associated with the construction of a 356 sq. ft. artist studio addition and facade changes at 119 N. Swinton Avenue. B. Granted a Certificate of Appropriateness on a 5 to 0 vote associated with with facade and color changes at 124 N. Swinton Avenue. No other agenda items requiring the Board's action were considered. PLANNING AND ZONING BOARD (No Regular Business meeting was held during this period) RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map '. . LOCA nON MAP FOR CITY COMMISSION MEETING OF MAY ", 1993 L-30 CANAL I LAKE IDA ROAD -l ~ ~ I 3 ATLAHTIC AVDlUE SW2ST ~ w ?C ~ ! . ~ a a 5 a LDWSON BOULEVARD I :w UNTO" BOULEVARD i B 5 8 L-31 CANAL S.P.R.A.B. ITEMS: H.P.B. ITEMS: 1. - BI-LO GROCERY 1. - 119 N. SWINTON AVENUE 2. - ATLANTIC MARKET 2. - 124 N. SWINTON AVENUE N 3. - BOB'S QUICK PRINT 4. - OCEAN PLACE - CITY OF' DELRAY BEACH. F'LORIDA PLANNING DEPARTNENT " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i !fa - MEETING OF MAY 11. 1993 PROJECT SELECTION FOR INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT ENHANCEMENT (ISTEA) FUNDING DATE: Ma y 7, 1993 The Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 prov ided new flexibility for the funding of transportation and other improvement projects. These funds are administered through the Florida Department of Transportation (FDOT) District offices. Approximately $4.5 million has been allocation to District IV which includes, Broward, Palm Beach, Martin, st. Lucie, and Indian River counties. Competition for these funds occurs at district level since no allocations are made at the county level. The projects staff has proposed to seek funding for are as follows: -Swinton Avenue Beautification -Seaboard Air Line Railway Station -Americans with Disability Act (ADA) Pedestrian System -Downtown Bicycle Security -East Atlantic Avenue Beautification Projects selected for ISTEA Enhancement funding will be programmed in the FDOT FY 94/95 to FY 98/99 work plans. Financial support for proposed projects must be demonstrated through a written endorsement, formal declaration, resolution or other appropriate means. All project funding will be on a reimbursement basis of costs after expenditures have taken place. FDOT may accept in-kind services to meet the local share of project costs when all federal requirements are met. In any case, the City would be responsible for 10% of the cost for projects on publicly-owned property. Applications must be received by the Metropolitan Planning Organization by May 17, 1993. A detailed staff report is attached as backup material for this item. Recommend approval of the project list and authorize staff to seek Intermodal Surface Transportation Efficiency Enhancement funding. '. , . o/( PM C I T Y COM MIS S ION DOC U MEN TAT ION MEETING OF: May 11, 1993 AGENDA ITEM: ITEM BEFORE THE COMMISSION: The item before the Commission is that review and endorsement of project proposals to be used in seeking Federal ISTEA enhancement funds. BACKGROUND: The FOOT has authorized the disbursement of $4.5 million in Federal ISTEA Enhancement funds within the District (Broward, Palm Beach, others) that includes Delray Beach. The Planning staff, with input from others, has identified five projects for consideration for these funds. These projects, a project description, funding and scheduling are outlined in the attached staff memo to the Commission. The availability of these funds and the City's ability to provide the necessary applications in a timely manner may result in the City receiving some or all of the funding requested. There is a local share, but it is at 10% or 20% of the total project cost. Also, the funding will not be available (and, hence, not matched) until FY 94/95 at the earliest. The selection process is quite complex and invovles first, competition with others through an FOOT review, and then, prioritization by the MPO. PLANNING AND ZONING BOARD REVIEW: The Planning and Zoning Board will review this material on Monday, May 10th. Their comments will be presented at the City Commission meeting. RECOMMENDED ACTION: By motion, authorize Staff to transmit the attached project request list to the MPO for the purpose of obtaining Federal ISTEA Enhancement Funds. Attachments: * Memo from Traffic Engineer, dated revised May 4, 1993 Report prepared by: GregjLtttrell, Traffic Engineer Reviewed by DJK on: 5 'S'" ,~ '. , PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID J. KOVACS DIRECTOR OF PLANNING AND ZONING FROM: GREG LUTTRELL (sfJ~ TRAFFIC ENGINEER COPIES: RALPH E. HAYDEN LULA BUTLER DATE: APRIL 30, 1993 REVISED MAY 4, 1993 SUBJECT: TRANSPORTATION ENHANCEMENT PROJECTS - ISTEA ALTERNATIVES Introduction: In 1990, the Intermodal Surface Transportation Efficiency Act was signed into law by the president. This Act established the methods and formulas for the disbursement of federal transportation funds. The Act contains provisions for many "standard" types of transportation funding such as highways, the Interstate system, airports and transit. The Act also specified research and development funding for high speed rail, Maglev, and IVHS (intelligent vehicle and highway system) projects. Finally, the act specified that federal funding was to be made available for transportation enhancement projects. Enhancement projects have been defined as those in the following nine categories. (a) Provision of facilities for pedestrians and bicycles; (b) Acquisition of scenic easements and scenic or historic sites; (c) Scenic or historic highway programs; (d) Landscaping and other scenic beautification; (e) Historic preservation; ( f) Rehabilitation and operation of historic transportation buildings, structures or facilities; (h) Control and removal of outdoor advertising; (i) Archaeological planning and research; ( j ) Mitigation of water pollution due to highway runoff. These project areas are further defined in the attached memorandum from Randy Whitfield, Director of the Metropolitan Planning Organization of Palm Beach County (MPO). Mr Whitfield's memo also describes the procedure which the Florida Department of Transportation (FOOT) has established for the disbursement of these ISTEA funds. Major points of this process are presented below. j\,;1"-TRO'""--" '-Af\J p' "NtJ"u.... /'....", NJZATv ,. <-(I . t: I n... V Li I I ' LA \ 1. 'j U U r\ G,;.\ i I 1'--' j' i " OF PALM BEACH COUNTY ": i." ' ' ,- (NOTE APPLICATION DEADLINE:5/l7/93) ~1E~ r IT'PlC'TIII ~.~. .,' r ~. V ~ l M E M 0 ~ AND ~ M t ~ l,i;3 '- LW 4/26/93 To: Greg Luttrell. Please draft response for Mr. APR 27 1993 Harden's signature, providing information requested. Thanks. I c:iQ......"""..,~;G Route to Selma. (sk for DTH) PLANN!N.1 rJ,. LIJ,~:; H, TO: City M~nugers c: Ralph Hayden Palm Beach County Administrator David Kovacs Joe Safford FROI-! : Randy M. Whitfield, P.E. /~ Commissioner E1lingswortlPirector / Dl'. T:2 : April 21, 1993 RE: Transportation Enhancement Project Funding Applications ----.-. .. Tne Intermodal Surface Transportation Efficiency Act cf ~991 (ISTEA) providad new flexibility for the funding of ~runsportation and ~ther improvement projects. In some cases, funds were established to address '" sp~cific ca-:.egory of projecLs. The Transportation 'Enhanc8mPTIr. program was established to fund qualified activiti.es irl the following ten areas: (a) Prov ision of facilities for pedestrians and bicycl~s. (Including projects that .implement tne Americdns with Disabilities Act) . (b) Acquisition of scenic easements and s~enic or historic sites. (c) Scenic or historic highway programs. (d) Landscaping and other scenic beautification. ( e) Historic preservation. (f) Rehabilitation and operation of historic transportation buildings, structures or facilities (including the conversion and use thereof for pedestrian or bicycle trails). (h) Control and removal of outdoor advertising. (i) Archaeological planning and research. (j) Mitigation of water pollution due to highway runoff. These funds are administered through the Florida Department of Transportation District offices. Approximately $4.5 million has been allocated to District PO Box 21229, V/est D"T ce3ch. Fe',::::! 32":' 6-,229 '. , City Mangers & County Administrator Memo Re: Enhancement Project Funding Applications April 22, 1993 Page 2 IV which includes Broward, Palm Beach, Martin, st. Lucie, and Indian River counties. Competition for these funds occurs at the district level since no allocations are made at the county level. The DOT has established the following funding ratios for enhancement projects. Federal state Local Federal or state owned Property 80 20 0 Other Publicly-owned Property 80 10 10 Financial support for the proposed project must be demonstrated through a written endorsement, formal declaration, resolution or other appropriate means. All project funding will be on a reimbursement basis of costs after expenditures have taken place. FDOT may accept in- kind services to meet the local share of project costs when all federal requirements are met. All projects are subject to National Environmental Policy Act requirements. Additionally, federal rules and regulations such as National Historic Preservation Act approval requirements, Davis-Bacon wage requirements, the Code of Federal Regulations (CFR) 23, and others may also apply. FDOT will be responsible for award of construction contract phases of a project. A separate application must be completed for each project for enhancement funds. Enclosed are two copies of the applications. Additional copies of the application may be made. All applications must be received by the Metropolitan Planning Organization by May 17. Applications may be mailed to: Metropolitan Planning organization of Palm Beach County Post Office Box 21229 West Palm Beach, Florida 33416-1229 or delivered to the MPO offices at 160 Australian Avenue, Suite 201, West Palm Beach, Florida. All enhancement applications will be compiled and transmitted to the Department of Transportation. The project review and approval schedule follows. '. ' City Mangers & County Administrator Memo Re: Enhancement Project Funding Applications April 22, 1993 Page 3 Date Activity May 21 MPO staff submits applications to FOOT District IV offices May 31 FDOT District IV Office submits applications to FOOT's Central Office of Policy Planning June 2 FDOT's Central Office of Policy Planning submits the applications to the Federal Highway Administration (FHWA) for eligibility assessment of each application July 1 FHWA completes eligibility assessment and returns applications to FOOT's Central Office of Policy Planning. FOOT Central Office will return the applications to the District IV Office, which will in turn return the applications to the MPO September 16 MPO approves and submits a list of eligible enhancement projects, ranked in priority order, to FOOT District IV Office Fall 1993 FDOT District IV Office staff uses the priority list of eligible enhancement projects to program enhancement funds in the Department's Tentative Work Program for fiscal years 1994/95 through 1998/99. If you have any questions, please contact me. RMW:pvn .. ' Project: Applicant: APPLICA nON FOR TRANSPORTA nON ENHANCEMENT PROJECTS 1. OOT /MPO/County /Other 2. Project Priority (circle as appropriate) (relative to other applications submitted by the applicant.) 3. (Name of Applicant! s) 4. Contact: Name: Title: Address: Phone: FAX: 5. Qualifying Activity (check one or more categories). (a) Provision of facilities for pedestrians and bicycles. (Including projects that implement the Americans with Disabilities Act). (b) Acquisition of scenic easements and scenic or historic sites. (c) Scenic or historic highway programs. (d) Landscaping and other scenic beautification. (e) Historic preservation. (0 Rehabilitation and operation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals). (g) Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails). (h) Control and removal of outdoor advertising. (i) Archaeological planning and research. (j) Mitigation of water pollution due to highway runo{{. 6. Describe the direct relationship of the project to the intermodal transportation system relative to function, proximity or impact. (One or more may apply). 7. Project Description: Describe the project and explain why it is needed. (Use additional sheets if necessary.) (a) What type of project is being proposed? (b) Where is the project located (and what are the termini, if appropriate)? (c) Does the project have a relationship to federally or state owned property or other publicly owned property? Explain. (d) What need will the project address? OVER 1 , '. Project: Applicant: (e) What type<s) of work will be necessary for the project; what is the status (i.e., under design, plans on shcU, not begun, to be initiated, etc.); and how does the applicant propose that work be performed? Work Type Yes No Status Who Performs Planning Environmental Assessment Preliminary Design &: Engineering Right of Way Acquisition Environmental Permitting Design Construction Construction Engineering Inspection Maintenance Other 8. Selection Criteria (Use additional sheets if necessary.) (a) If it is proposed that the project be administered by a governmental entity other than the state, document that this entity has the fiscal, managerial, environmental and engineering capabilities to manage the project consistent with federal requirements. (b) Can public or private support of the project be demonstrated? (Examples include: written endorse ment, formal declaration, resolution, financial donations or other appropriate means). (c) Summarize any special characteristics or features of the project. 9. What is the total cost of the project and how will it be funded? Enhancement/ Other Federal/ State/ Local/ Other $ / $ / $ / $ / $ / Total: $ 10. What are the contributions toward the project by percentage? Enhancement/ Other Federal/ State/ Local / Other %/ %/ _%/ %/ % 2 " ISTEA PROJECT PROPOSAL - CITY OF DELRAY BEACH Project Name: Swinton Avenue Beautification Enhancement Activity: (c) Scenic or historic highway programs (d) Landscaping and other scenic beautification; Project Description: This project involves the beautification of Swinton Avenue form South 10 to North 22 Streets within Delray Beach, Florida. Project components are to include: o creation of gateways to this historic roadway corridor; o creation of gateways to the Old School Square Historic Arts District (OSSHAD); o provision of improved swale conditions through installation of sod, ground covers, landscaping, and irrigation; o installation of historic lighting within the OSSHAD; o installation of improved intersection aesthetics within the OSSHAD. This project compliments infrastructure and beautification proj ects already completed by the City. These include the historic rehabilitation of the Old School Square complex at the intersection of Atlantic Avenue (S.R. 806) and Swinton Avenue. Also, the City has previously enhanced the downtown streetscape through the provision of widening and providing special surface treatments to the sidewalk, installing historic lighting fixtures, installing landscaping, and special intersection paving. This work has been completed on Atlantic Avenue both east and west of Swinton Avenue. Intermodal Transportation Interaction: This project will serve to enhance the aesthetics of this historic roadway. These actions will serve to create a sense of place with regard to the other roadways within the historic portions of the City. This project will also enhance the climate for pedestrian activities throughout the corridor. This project meets previous beautification projects on Atlantic Avenue (State Road 806), thereby creating a more complete system of enhanced transportation corridors. Project Schedule: The City has begun design work on this project. It is anticipated that construction will begin in FY 93/94. It is anticipated that all work for this project will be done by the City (in-house or contract services). Project Cost Estimates/Funding: City budget (existing) $ 500,000 (46%) Federal (ISTEA)/ State funding 583,058 (54%) ---------- Total project cost $1,083,058 (4/1/93 Task Force information) " ISTEA PROJECT PROPOSAL - CITY OF DELRAY BEACH Project Name: Seaboard Air Line Railway Station Historic Enhancement Enhancement Activity: (b) Acquisition of scenic easements and scenic or historic sites; ( d) Landscaping and other scenic beautification; (e) Historic preservation; ( f) Rehabilitation and operation of historic transportation buildings, structures or facilities; Project Description: This project involves the acquisition of the historic Seaboard Air Line Railway Station, restoring the structure to its historic condition, enhancing the site through landscaping, parking, and circulation upgrades, and finally using the site as a multi-modal transfer facility. This site was listed in the National Register of Historic Places on September 4, 1986. This site was also listed on the Local Historic Register in October 11, 1988. This historic site is privately owned, however, not fully used. The only activity currently occurring here is the Amtrack passenger station for Delray Beach. The remainder of the structure (approximately 80 percent) is vacant. The site is currently listed for sale by the current owner. Intermodal Transportation Interaction: This site is located at the 1-95 interchange with S.R. 806 (West Atlantic Avenue). The site is not fully utilized, nor is it available as a symbol to the historic prominence of its transportation past. This past began with station construction in 1927 with passenger rail service by the Seaboard Air Line Railway. In addition, the current structure facade does not show its architectural significance. The purchase/restoration of this structure and site would serve to preserve an important historic transportation facility and allow it to fulfill a role as a multi-modal transfer facility. Project Schedule: This project would be accomplished in three annual phases. Phase 1 - Site acquisition (FY 94/95) Phase 2 - Historic structure restoration (FY 95/96) Phase 3 - Site upgrades (FY 96/97) Project Cost Estimates/Funding: Federal State Local Total Estimated Cost Phase ($000) ($000) ($000) ($000) 1 ? ? ? ? 2 240 30 30 300 3 80 10 10 100 ------ ------ ------ ------ ? ? ? ? ., ' ISTEA PROJECT PROPOSAL - CITY OF DELRAY BEACH Project Name: A.D.A. Pedestrian System Enhancements Enhancement Activity: (a) Provision of facilities for pedestrians and bicycles; Project Description: This project involves the correction of sidewalk deficiencies throughout the City. Deficiencies were identified through City work relative to the Americans with Disabilities Act. These deficiencies in the existing system of sidewalks are with respect to the provision of an accessible pedestrian route. Accessible route deficiencies include locations with width restrictions, or, locations requiring ramps. There were a total of 126 with restrictions found ( 41 on State Roads) and 522 locations needing ramps (113 on State Roads). The provision of fully accessible routes will enhance pedestrian environments throughout the City. Intermodal Transportation Interaction: This is a construction remediation project which will result in the correction of sidewalk deficiencies with respect to the ADA. Approximately 23 percent of these needs exist on the State road system. The remainder occur on City and County facilities. When completed, this project will result in all sidewalks throughout the City being fully accessible. Project Schedule: This project would be accomplished in three annual phases beginning in FY 93/94). Each phase would include remediation of one third of the deficient locations. This schedule will allow the City to be in compliance with the ADA standards in an appropriate schedule. Project Cost Estimates/Funding: Federal State Local* Total Estimated Cost Phase ($000) ($000) ($000) ($000) 1 24 3 3 30 2 24 3 3 30 3 24 3 3 30 ------ ------ ------ ------ 72 9 9 90 (80%) (10%) (10%) *Note: local fund match will be in the form of plan preparation, contract administration and inspection. '. . ISTEA PROJECT PROPOSAL - CITY OF DELRAY BEACH Project Name: Downtown Bicycle Security Enhancement Activity: (a) Provision of facilities for pedestrians and bicycles; Project Description: This project involves the installation of bike racks, security devices, and bike user amenities throughout the downtown, and surrounding area. These areas will encompass locations west to the Tri-Rail Station, through the West Atlantic Avenue (S.R. 806) business and government area, the downtown, and East Atlantic Avenue (S.R. 806) to the beach. There has been an ongoing, local, grass-roots effort to have bike racks placed at over a dozen locations. In addition, City Codes require the installation of such facilities concurrent with certain types of new development. The provision of additional bike facilities will enhance the City as a bicycle friendly place. This is the direction given for our downtown in our adopted Comprehensive Plan. Design, installation, permitting, and maintenance will be the responsibility of the City. ISTEA matching funds are being sought to provide the capital necessary for purchase of these devices. Intermodal Transportation Interaction: This project proposes to provide bicyclists a proper, safe, place to secure their bicycles when in the eastern activity (commerce and recreation) centers of the City. These provisions will serve to promote the use of bicycles as a form of transportation. Bicycle security facilities will be provided along City, County and State roadways as well as within City, County and State facilities. These provisions will enhance bicycling thereby reducing the number of vehicles travelling these roads. Project Schedule: This project would be accomplished in one phase commensurate with available funding. The City would be responsible for the preparation of plans, permitting, purchasing, installation (either with City or contract resources), and maintenance. Project Cost Estimates/Funding: Work Type Federal State Local* Total Engineering/Permitting $ 0 $ 0 $5,000 $ 5,000 Device purchase $10,000 $2,000 $ 0 $12,000 ------ ------ ------ ------ $10,000 $2,000 $5,000 $17,000 (59%) (12%) (29%) * Local fund match will be in the form of plan preparation/ engineering, contract administration and inspection. ., ' ISTEA PROJECT PROPOSAL - CITY OF DELRAY BEACH Project Name: East Atlantic Avenue (S.R. 806) Beautification Enhancement Activity: (a) Provision of facilities for pedestrians and bicycles; (c) Scenic or historic highway programs; ( d) Landscaping and other scenic beautification; Project Description: This project involves the installation of landscaping, installation of historic street lighting, improved sidewalks and pedestrian/bicycle amenities along East Atlantic Avenue (S.R. 806). This project will extent from U.S. 1 (Federal Highway) to S.R. A-1-A. This project represents the next phase in the City's continuing efforts to beautify our historic downtown. The landscaping design represents the flavor of old Florida. This type of treatment, coupled with the proposed sidewalk enhancements, is meant to promote increased pedestrian and commerce activities. Intermodal Transportation Interaction: This project will serve to enhance the aesthetics of this roadway. These actions will serve to create a sense of place with regard to the other roadways within the city's historic downtown. This project will also enhance the climate for pedestrian activities throughout the corridor. The project intersects with previous beautification projects on East Atlantic Avenue, and S.R. A-1-A thereby creating a more complete system of enhanced transportation corridors. Project Schedule: This project is scheduled to be completed during the City fiscal year 1993/94 (reference the adopted City Comprehensive Plan) . Project Cost Estimates/Funding: City $ 100,000 (10%) Federal (ISTEA)/ State funding 900,000 (90%) ---------- Total project cost $1,000,000 " . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER u1 SUBJECT: AGENDA ITEM ~ 1C. - MEETING OF MAY 11. 1993 CHANGE ORDER NO. 2 /S. I. NICHOLAS. INC. DATE: May 7, 1993 This item is before you to approve a change order in the amount of $15,171.58 and which extends the contract completion date by 20 days for S.I. Nicholas, Inc. for miscellaneous changes to the Fire Station Headquarters project. Changes to the contract include the installation of tone arm speaker conduits, underground conduits, and an additional fiber optic pull-box. These changes were recommended by staff and Florida Power and Light. A detailed explanation of the changes is included in the backup material. Recommend approval of Change Order No. 2 to the contract with S. I. Nicholas, Inc. in the amount of $15,171.58 and extending the contract completion date by 20 days i with funding from 1992 Bond Anticipation Note - Central Fire Station (Account No. 227-2311-522-61.56). ,. , . Agenda Item No.: AGENDA REQUEST Date: May 3, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: May 11, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve Change Order #2 to S.I. Nicholas, Inc. on the Fire Station Headquarters Project (91-58) . Change Order No. 2 is for miscellaneous changes for the Project. The Changes to the Contract include installation of tone alarm speaker conduits as requested by the Fire Dept., for the installation of underground conduits provided by FP & L for electrical service from the source to the on-site transformer, and for the installation of an additional fibre optic pull-box with associated underground conduits at the request of M. 1. S Dept. These changes are itemized and detailed further on the Change Order attached. Change Order #2 is for a net add amount of $15,171.58 and Twenty (20 ) additional calendar days to August 15, 1993 (Exhibit "A" attached). Funding Source is 227-2311-522-61.56 in the amount of $15,171.58. Also provided is a "Summary of Contract Changes" which summarizes all items added by Change Order to date and the origin of initiation (Exhibit "B" attached) . ORDINANCE/RESOLUTION REQUIRED: YE~RAFT ATTACHE Recommendation: Staff Recommends approval of Change Order #2. Department Head ~~f2 ~~ ,~/.3-4-3 jlJik Signature: ~0 ;'~~"--1C-> ( City Attorney Review/Recommendation (if applicable) Budget Director Review (r~ed on all items involving expenditure of funds): Funding available: ES 0 Funding alternatives (if applicable) ~ ~ 'V Account No. & DescriPtionf~'2.3~ G"Z2- ~' Sf:, 9~ ~JI..f\I. - C~ f\.e 0. Account Balance ~ ~CC? ") City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved .. , . -- Currie Ar' hill'n\. Pldnlll'r\ Schneider & 1111"1 ior Dt'"iHIIl''' Associates Eti\/ ~:~~\f~)/!\l)t~l\N. 25 '-t"'l-Ibrt.aele AIA,I'A D,'lrdY BeJch. fL ... " r" L.' PS j]411J Q3 i" -, -, "j . . ,,}.. . l: j-\ . ""- I ~ .... ~:; n 407/27&-4951.737-2279 April 29, 1993 R 1:: (~ 105/429-15&6 j ~14 Mr. Ralph Hayden City Engineer City of Delray Beach 434 So. Swinton Ave. Delray Beach, FI. 33444 DELRA V BEACH FIRE HEADQUARTERS Project No. 90576 Dear Ralph: Attached please find Change Order #2 for the referenced project. This Change Order consists of three (3) items which have been reviewed by our office and our consultants. They represent City requested additions to the project. Following is a description for each. 1. Proposal request No. 7 is for providing labor and material for installation of tone alarm speaker conduits and other required material as requested by the City through a meeting with Motorola and as indicated on sheets E-2 and E-3 dated October 21, 1992 and revised March 3, 1993. 2. Proposal request NO.9 reflects an extension of the underground lines from the power pole to the electrical transformer due to changes in service location by Florida Power and Light. 3. Proposal request No. 10 was for the cost associated with the addition of another fibre optic pull-box and underground conduits as requested by the City. I have reviewed all the submitted figures and have found them to be reasonable and therefore reoommend that the City Commle.lon approve OhanQI Order number two, Sincerely, , CU RIE SCHNEIDER ASSOCIATES AlA, PA J a Associate cc: V. Majtenyi I AX: 407/243-111114 \,\ (110111.' '. ' . MEMORANDUM TO: David T. Harden City Manager THRU: William H. Greenwood ~ Dir. of Environmental Services ~ FROM: Victor Majtenyi ~ Engineering Tech. II SUBJECT: Fire Station #1, Change Order #2 DATE: May 7, 1993 As requested, the justification of the items on Change Order #2 for Fire Station Headquarters are as follows: 1. Proposal request #7, which is for installation of the tone alarm speakers conduits, is requested by the Fire Department. Per the architectls recollection, somewhere initially back in the design process, the Fire Department agreed to handle the entire work thru Motorola. As we got into the construction it became evident that the electrical sub could do the work for less money than Motorola. Motorola acknowledged that they are not in the business of installing conduits, just the equipment, and therefore their price would be reflective of that. Hence, thru the Fire Department's approval, the electrical subcontractor would furnish and install the conduits and Motorola supply the equipment and hook-up the system. 2. Proposal request #9, which is for the extension of the underground conduits for the electrical service to the building, was also a request by the Fire Department. Not until FPL was ready to make their connection did they provide a sketch indicating which pole the service would be fed from. Upon review, the Fire Department suggested removing all poles along the west property and have the electrical feed from a pole off-site at the north west corner. This would eliminate the possibility of a fire truck with a boom-ladder snagging a line. The proposal is for hand trenching at a depth of 42" with existing utilities being encountered. '. . 3. Proposal request #10, the addition of a fiber optic pull box and associated conduits was requested by the M.LS. Department. This item is on Drawing E-2 of the plans as being supplied and installed by other than the general contractor, location at the south west corner of the property. The terminal point for these cables is the communications room located on the second floor on the west side of the building. The proposal is also for relocating the existing box at N.W. 5th Ave. onto the property because it will be in the street once the roadway is widened, and will require a traffic bearing lid. At one point, having this box relocated to the N.W. 6th Ave. corner and eliminating the need for another box altogether was considered, however, M.LS. considered the length of run with number of bends in the line excessive and requested we keep this box as per plans. The above narrative is based on past conversations with the Architect, Fire Department, and M.LS. Department and is factual to the best of my knowledge. Please call if you have any questions. VM/mm cc: Ralph Hayden, P.E., City Engineer Howard Wight, Construction Manager File: Memos to City Manager Project No. 91-58(0) ., CI'l'Y 0.. DELRAY BEACH CHAHGE ORDER m ORIGINAL COJr.rRACr . . '. , CHANGE NO. 2 PROJECT NO. #90576 ' DATBa March 9. 1993 PROJECT TITLEa Delrav Beach Fire Dent. Head(]uart:~rs TO CONTRACTOR a S. I. Nicholas. Inc. yOU ARE HBREBY REQUESTED TO MAKE THE FOLLOWING CHANGBS IN THB PLANS AND SPECIFICATIONS lOR THIS PROJECT AND TO PBRFORM THB WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVBNANTS. JUSTIFICATION a . P.R. # 7 = $4,657.00 P.R. # 9 = $3,546.00 P.R. #10 = $4,731.00 . . . * Please see attached breakdown sheets. . . SUMMARY OJ' CONTRACT AMOUNT ORIGINAL CONTRACT, AMOUNT $ 1,586,953.00 COST OJ' CONSTRUCTION CHANOBS PREVIOUSLY ORDERED $ 17.351.04 ADJUSTED CONTRACT AHOUNT PRIOR TO THIS CHANOJl ORDBR S 1.604.3Q4.04 COST OF CONSTRUCTION CHANOBS THIS OROBR $ 15_17L'iR ADJUSTBD CON'l'RACT AMOUNT INCLUDINO THIS CHANOE ORDER $ 1.619.475.62 PBR CENT INCRBASB/DBCRBASB THIS CHANOE OROER .95 , TOTAL PER CENT INCRBASJl/DECRBASB TO DATE 2.04 , .. . . EXTENSION OJ' CONTRACT TIHB ALLOWBD BY THIS CONTRACT 20 ~BNDAR DAYS TO Aug. 15,'1993 Date' CBRTIFIED STATBHBNTI I hereby certify that the .upporting co.t data: included i., in my con.idered opinion, accurate, that the price. quoted are fair'and rea.onable and In proper ,ratio to the co.t of the original work contracted for under b.ne~it competitive bidding. . SIGNATURE (CONSULTINO ARCHITECT OR BNOINEER) TO BB BILLED OUT BY DBPARTMBNT INITIATINO CHANGB ORDER 227-2311-522-61.56 DBPARTKBNT FUNDS BUDGETED CODE CERTIFIED BY Environmental Services Department DELRAY BEACH, FLORIDA By it. city commi.ion RECOMMEND a Bya . PROJECT MANAGER MAYOR ATTEST a APPROVED a Bya CITY ATTORNEY CITY CLERK ...,t'~XT::- ' ,.;..\:--.....---. .;. '. EXHIBIT "A" change Order #2 Project No. : 91-058 Project Name: Central Fire Station Item RFQ/ Total Comments No. Description COR # ------------------------------------------------------------------------------------------------------------------------------ 1 Install tone alarm speaker conduits and other required 7 $5,462.66 City Requested Change material as requested by Fire Department. 2 Install underground conduits provided by Florida Power 9 $4,159.46 City Requested Change and Light for electrical power to the on-site transformer. 3 Install fibre optic pull-boX and associated underground 10 $5,549.46 City Requested Change conduits as per M.I.S. Dept. ---------------- Total net add Change Order #1 $15,171.58 ==================== '. . S. I. NICHOLAS, INC. GENERAL CONTRACTORS & ENGINEERING CONTRACTORS 1620 SOUTH FEDERAL HWY.. SUITE 611 . POMPANO BEACH, FL 33062. (305) 786-2990. FAX (305) 783-9256 March 9, 1993 Currie Schnieder Associates . ATTN: Jose Aquila 25 SeabreezeAvenue Delray Beach, FL 33483 RE: Delray Beach Fire Dept. Headquarters Dear Jose, Please find below the cost breakdown for the extra work required by Proposal Request #7, 9 and 10 and the back up enclosed. P.R. # 7 Brewer Electric'Price $ 4,657.00H P.R. # 9 Brewer Electric.Price $ 3,546.00 P.R. U 10 . Brewer Electric Price _$ 4. 731. 00 Sub Total $12,934..00 15% S.l.N. $ 1,940.10 2% Bond $ 297.48 GRAND TOTAL $15,171.58 We expect extension of time of (20) days start~ng from the day this Change Order is approved. Thank Yon, ~ 1.~dN ~r WILF DO PEREZ VICE PRESIDENT WP/du Enclosure '. ,- BREWER ~ ~.CH.:J:C S~VJ:~~J:NC. 2430 S. W. 34th CXXJRT Faa' lAUDmoALE~ nauDA 33312 OFFICE (30:5) 584-0004 FAX (305) ~1 April 09,1993 , S.I. Nicholas, Inc. 1620 South FederAl Hwy, . Suite 611 Pompano Beach, Florida 33062 Attentiona Mr. Wilfredo Perez Reference: Delray Beacb Fire Department Headquarters Dear Willy, The following is in response to the Architect's REVISED PROPOSAL REQUEST No. 007 dated 3-30-93. Below please find a breakdown of material and labor required 1n order for us to furnish and install a empty conduit system with pull strings for the Tone Alarm System. 4" Square Boxes 32 $ 41.00 4" Square Blank Covers 21 8.00 4" Square Extention Rings 4 8.00 3/4" EMT Conduit 730 ft. 224.00 3/4" PVC Conduit 400 ft. 70.00 2" EMT Conduit 80 ft. BO.OO Pull String 1,967 ft. 20.00 3/4" EMTTerminations 48 11.00 3/4" EMT Couplings 76 lB.OO 3/4!' EMT Supports 112 51.00 2" EMT Terminations 2 4.00 2" EMT Couplings 24 58.00 2" EMf Supports 21 14.00 211 Plastic Bushings 2 2.00 211 EMT 90 Ells 3 13.00 2" EMT 45 Ells 2 9.00 Fender Washers 200 14.00 Toggle Bolts 200 45.00 I-Gang Plaster Rings 3 3.00 Hex Head Nutts 50 3.00 3/8" Flat Washers 100 5.00 8xBx6 Nema 3R Pull Box 1 20.00 3/4" PVC Terminations 6 4.00 3/4" Steel Lock Nutts 6 1.00 3/4" PVC Couplings 24 4.00 3/4" PVC 90 Ells 12 4.00 " . .' Continued. . . 3/4" Plastic Bushings a 1.00 PVC Cement 1 qt. 6.00 Labor to Install Conduit 1 man 55 hr!f. 2.090.00 Labor to Install Boxes 1 man 6 hrs. 228.00 Labor to Install PullStrings 1 man 9 hrs.. 342..00 Labor to Hand Trench 1 man 11 hra. 308.00 Labor to Backfill & Compact 1 ma.n 5 bra. 140.00 -- - ..- Subtotal: $ 3.849.00 . Overhead: $ 385.00 Profit : $ 423.00 TOTAL AMOUNT: . 4,657.00 Please be advised that upon reciept of a CHANGE ORDER in the TOTAL AMOUNT stipulated above we will begin installing the empty conduit system with pull strings tor ,the Tone Ala~ System. It you have any questions or need additional information please do not hesitate to call me. V. Rachal esident ': :1," Electrical Services. Inc. I; . '. r .... EIR:EM'ER ~ .EX.;.I. ~J:C S~"J:~-="'~.. J:NC _ 2430 S.". 34th CXlJRI' KRr I..AUI&DN.E. fUJUDA 33313 ClTICE (3O.'S) eM-0004 FAX (~) ~ZSl March 16,1993 . S.I. Nichola., Ine. 1620 South Federal HNy, Suit.. 611 Pompano 8ecsah. :Florida 330<<52 At.t.entiona Mr. Wllfredo Per.. Reteranael Delray Beach Pir. Depart.m.nt H.a~quart.~ Dear "111y. TIae following is In re8ponse to the Architect". PROPOSAL REQUEST No. 009 date~ January 4.1993. BOlowplvase tined a brsokdown or labor required 1n" order t.o install P.P.& L. turnished materials from the1r',.:;:,power pole,' locatect un North Wcat 6th Avenue to their,"pad mounted'., trcu18forDlftl'" . Labor tu Hcand Trench 1 man 70 hOUTS I '10.~O . . 135.00 L4bor to Hand Trench 1 man 1e hours I '22.~0 360.00 Labor to Hand Tr""lch 1 man 16 hours 0 '13.~0 216.00 ' Labor' La Backf 11 J 1 ~n 24 hours 0 '10.50 252.00 Ldbor to Vackfill 1 m4D 16 hours 0 '22.~0 360.00 L4bor to Backfill 1 man 8 hours 0 *13.~0 108.00 L4b0.r' Lo Install Conduit 1 man 24 hours G $10.~0 252.00 L4bor to Install Conduit 1 man 24 hours 0 $22.50 540.00 LAbor Lv Inetal1 Condu1t 1 ID4n 8 houre I S13.~O 108.00 -------- 5ubtot~1: $ 2,931.UU OverheAd.: * 29~.OO Protit : S 3~2.0U TOTAL AMOUNT; $ 3.~46.00 It you heave any questlons or need tur'lher information please do not hesil~L~ La call Me. Cr.t= Vie lb' 0 ::Servlces. Inc. , '. '. i..; '.') I, ,. '.-==--- . : '~,.,;\,::,~W;:,/~".:::~i- I I I'- I . ,....,J}. , ,: l./ll( . ',', ", I" ',.\ . " .'1 ~ ~.l.' , t 'lr,~,t , . :,,:,::::.~);~~:(f~h~~~t~~: , , ,,!.II',.Jt,ff.V,Jv ~ " ,', ","I~t~,) 'r ,':...._,:~,.~ ':" ,.. Il '. ~ :~..,'/'~.~,k~!:,:r;rr:1:~J~;:;;,~\.,:.~;t~1J: BR:EJWER ~.rx...;- J. "HI C 1':#~\l.J:,O.... ~' '. ' :J:'NC' r .!' r1..\ r'J~:'J~::~~\;';!~Vi,l,:,;~tl t ,. ,-.'. ..~. 'r .'"., ..' 'I' .'ht 2430 5 34th caJRf .. '" I . . ,.' . '".,. :.,. ". ...,' . w ..,. .., ,.. ..' "', .,'. ,S<;"'~';',:~k Parr LA~, F.U1UDA33312.. ";':.::,);:':I~,; OFFICE C30~) ~OO4"'l"f ' :, ..:J(iJ . ~"'( . J. ',t.;' ::::" ," ':..:;.1". ',FAX (305) ~2~1'.. " ',"';. ':{:,"'i"';':~ . .t'A'~. I,'~' "~',"'. ":.:t I" . ' , 'q'~" :'n> ,'t, Ii """'jl . . " , ' I'=}.'. ~):o; T \'I:ft'~" ,., ii. .. ,,"" '." '~ ,.",,~~ ' .', ';'(';i!/(I!r~I' i~"" . 'lit 'I~ I I I ", " ' ;1, ., ,",. , ' : Jf.j))~..ll~~~' ;'1,,;, '. " " ,',' ""~' ""ii! ",' \'l~ ~.,'~ .,' ')~{'I"'1 t...'f'i~'~"'" , , ......... -. .. .Il,' I...M ,., 1'1 ' '. I I':.~ 1M':' M~rt:h 26.1993 '."1"" I" :-;",,}.:~,,'.1" ~'Vwcl\l~~ , J, ,~. .... ~ ~l or l ,..{tl'~ ~ I" Iri. " '." :':';;"';';'~~Vi:~; ~\iI. , ",.' 1,,)1, I, ",~'g'\\\',' ~ f.n~. " ",.,.',"", ;.':t'~~t!'1 I ~~I~ , ' ' ", I':; :l,",,~ "" '~'#'-;; S I Nicholas Inc ,;('," JI";'i I\~~~~'~ . . " .~{ I '\;~f w,.\"'\', .1620 South Fedor:a.l Hwy, , ' ::':: '~::J:~~~'W )JI;1~W Sui te 611 ' ,', :' . ' ''', :"::!:lr;\~'('!..if'1 ./ ,. r ~l'...\ F'\"i~{ 'l'~\' "I, Pompano 13each, Florida :33062 ' .., , ,'" \"',>~';I~'tF~~Ntl't.;;;~ , . " ~ . 'f"~'nf/-r~'."" ' . . ,: 't-O .: t.,' &t.;t )'~,.. .I ' ' .: r~l.'''~ :t~~';., ~llt . .......... ,'It.I,. ". "'Ilt' Attent1on: Mr. Wilfredo Perez ',,' , ,::" ,},,,.'iv"'~~ ">;:U;'h~ Reference: De 1 ray Beach Fire Department Heidquarte1'8 .' '.';J;;~;~;~fl:l:"" :'~~., 'I' ", '; -'.. " , . "~I;,,~l,ly fa fl>:" , , ' , ' ' , : ' " 'i; ,'-: '{i ',M I;~I' t' Dear Wl11y , '..,' , .' ",' ';'it:~":':I'~ :'\':~~~'l~' , '1 I "~.. ....: I' I', :,~,1~, I 3' ~ll"~lfn'~l, 4 The following ]s a brief ~;~scriPtion' of 'th~\~~~dShiPS we:i:~~;ffi~'i~ I while performing the work thdt is describ~d~ inl';the '~rch,it,e'~:t;::'~.~~;~{~~~~~1{~~ ! PROPOSAL REQUEST No. 009. -.' -. -.'ti'!,;",r,,' t (;~ I ' ' ",(..Ii1~r~ ' ' ('I,. . . '.1 "~I ',' '~,"~l.'!\,., c~~ ~...l~.,*t( I AI'l of the trenching had to be "done by hand beacuse of the l'ark~:W~j~~~t;':~::i:~~ amount of ~xi~l:.ing utilitie,6 in the area where '~h~ F.P.& ,LI" P.i'P.~l!J{~~;;:;~!J~ was to bo lnstalled. 1..',.:l",1:::,%~u,li",...~:; I ' ::, :', " ',~ :'-', ',;!.;~::;.('::~ Some of the hQrdships were crossing four water 1 in~s, one. ,.,gas:,;Y?(:'i;,';f, i 1 i no, one :Jewel'" 1 :i ne and we even encountered one" 'e'x.ist'in~fV'~r;;:~';:i)N I I drainage 1 ine which ran 'very close to the surface of the grade,:,:"",,<<t:('::,';:N I i 'i~' .'..'~ . .~':. " .;;....~..}:...;~~... I Th~n o.l:>out: ' ndd-polnt of the trench we encountered" an abandoned ,"'i:.~\/r)~;;i i concrote c,atch basin, which had to be chipped away by the use,'of',' :::";;:.~?,,i~j c1 90 pound J(,\ck Hammer'. We also had Two "Cave Ins" due,' to he,avy"";>~' ;,; rai ns in Lhree di f ferent sect ions of the trench. / ;::;>""(<.,,,,:-; I .' :; , . . "'< ,,':..i'-' ".' Despilu all of the obstacles we encountered the trench had to be .,' ~ I a minimum of 42" inf,.:depth and a 11 of the: exist ing ut i 11 tiee were:, ,.";;}~, discovered to be buried dnywhere from six incheB to thri ty-six' :' ,", ;" ,,~4 I inches below grade. 50 ther'efore machine trenching was virtual1y}:,:!,',',,;':.:\it i rnp05s ib 1 e . ." ':;:d{1}i;:);~:;:;;1;;1.:~~il~:;t~ . ..' , . t~u. . ':~.1 \...' .-..;,~.,t. .\, <.l.i:1 If you l1~ve any questionel or need further informatlon pleaeJe:',~~~~;\r~'~:~I~:~~\~~::::fl; , t 11 .' ,<.' ~ ' '1 ", ,'I" .' "'It" not hesltate 0 co me. "';i::::"..;-ll~;.:(t!'!'!"I:{1 r;;;{! . . ,?,.t...i;. ::...: ,., . .'~, i' "~'::\;"~~'Jf I ):\'~ o S r"II"""j".':;'lr"""'1v;. , I "~';" ".' t,:.,' :~.: ',' 'i,~ ,:,.t, , I h, ,\. !h~'WI:,t~ #'. I, ;.,.1 "'~I;..~ !)~f.,(1 .~ ~f ,',.1':;' ,"j;'\"4y,.\ ;"It ~I , :: ll( lJ,,,;.1. "If j.I~,11~1..~ - . .. ' . " ;::"', \'1,,~~,t7,l~)~1 :... V Rn ha 1 " ' ", ,( ~" 1 ",',ll',f' :," I . . ...., "f~'t~ ~L,~,.:t;~~' I'e:51dent , " ,,' :'d;":;'}~):t1 I or .... "':,' "~'.. r Ii.' .... .'.1 ',' 11 '. . I ',., ',.'~. I'!'(i r~....t4 I r E 1 tHo l., ,..' .', I '..,' .', " . ' .' . . , '\ ~l" t I ':~~l I ' ., ii'.",:,:.1 I," .. . ; "', ;'!j:? F'';: ;': :v:r:~ ' ~X, , ;1, ""~l:t, {~.~:~, . I, '.If ~ I ' , .' ,.I; l/' ,.: "l~~1(:lt ..~, 'O~.... ~/.:..".. ';"~I"~'~ ,."", , ;': >.. ,." \~,. ~''''l I . :!. ~ ":,,..:,_..t.' , I.'~ ,., I . '.' ,'; p";.,,,. , .',,~~r! . '~;~' , ~, , ",~~~.:"."J.i~~I~~;\~'\'W' ...._.... '....'~ ,~._, ......_... ,1<, ".I,f.. I ':~,"'~~ ,1, 'Y ", '. ' . - . :BRmW'ER "F:!r:F%..;; .I.~:CC ~":J:C:"~ If> :J:NC - 2430 S. V. 34th aua Ian' 1..NJt1!JDLE, f"UJUDA 33312 Cl'PICB (305) !584-0004 FAX (306) :514 as1 March 16.~VV3 S.I, Niohola.. Inc. .- 1620 South Feder.l Hwy, Su1t. 611 POIDpano seach. Florid.a 33062 Attention, Mr. Wilfredo Perez Reter.nee. D4tlray a..ob Fire Department Headquarte" Dear WillY.. 'Lbo lvllow1nq .its 1n response to the Architect's PROPOSAL REQUEST. No. 010 dated February 22..1993. Below please tined a list of meteriol and l~bor required in order' tor us to furnish and install 1 Concrete Fiber Optic Pull Box and relocate 1 eX1sting Fiber Optic Pull Box. 4'x 4'x 4' ConcrvLe Yul1 BoX' 1 . 1,281..00 4" I've C:oupl1ngs 6 12.00 4 II PVC Bell End.s 4 . 12.00 4" PVC Conduit 200 ft. 261.00 Fit ter Fabr'.i c & Grave 1 2 100.00 - Labur to Hand Trenoh 1 man 24 hours 0 '10.50 2~2.0o- Labor to Hand Trench 1 man 8 hours 0 '22.50 180.00 Labor to Hand Trench 1 man 8 hours 0 '13.~0 108.0Q Labor to.Backfill 1 man 16 hours 0 '10.50 168.00 Labor to Backfill 1 IMn 8 hours 0 '22.50 180.00 Labor to Backfill 1 man 8 hours 0 813.50 108.00 Labor to Install Condu1t 1 nus n 8 hours 0 810.50 84.00 Labor to Install Conduit 1 man 8 hours 0 S22.50 180.00 Labor to Instal! 2 Boxeu 1 man 8 hours 0 $13.50 108.00 Labor to Install 2 tioxes 1 IIKln 8 hours 0 '10.50 84 . 00 . Labor to Install 2 Boxes 1 man 8 hours 0 '22.~0 180.00 Labor to Dig Box Location 1 man 16 hours 0 '10.50 168.00 Labor to Dig Box Location 1 m4n 8 hours 0 $22.50 180.00 Labor to Remove 1 Box 1 man 8 hours 0 S10.50 84.00 Labor to Remove 1 Box 1 man 8 hours 0 S22.~0 180.00 -~~---...- Subtotal: $ 3.YI0.00 Ovftrh$au: $ 391.00 Pr'uf i t : . 430.00 TOTAL AMOUNT: S 4#'l~1.00 . EXHIBIT ItB" SUMMARY OF CONTRACT CHANGES Central Fire Station Project 91-058 RFQ Change Explanation Cost Percent of Order Original Contract ----------------------------------------------------------------------------- CITY REQUESTED CHANGES 2 CO 1 City Requested - (Fire Dept) Installation of conduit for Cable TV from $1,609.36 property line to building, and from Detector Check to alarm panel. 3 CO 1 City Requested - (Fire Dept) Change in equipment in decontamination room; $3,378.24 from gas clothes dryer to electric. Additional phone/computer receptacle was requested in front lobby. 4 CO 1 City Requested - (Fire Dept) A pull box was requested thru Motorola for $2,414.04 the Tone-Alert system. 5 CO 1 City Requested - (Fire Dept) An additional fire hydrant was requested at $5,190.53 the corner of NW 5th Ave and Atlantic. 7 CO 2 City Requested - (Fire Dept) Install tone alarm speaker conduits and $5,462.66 other required material as requested by Fire Dept. 10 CO 2 City Requested - (MIS Dept) Install fibre optic pull-box and $5,549.46 associated underground conduits. 9 CO 2 City Requested - (Fire Dept) Install underground conduits provided $4,159.46 by Florida Power & Light for electrical power from a power pole relocated off-site at the request of the Fire Dept to a transformer on site. ----------------------------------------------------------------- ----- ----------- Total $27,763.75 1.74\ ENGINEERING DESIGN CHANGES 6 CO 1 Engineering Design Change - Change in the metal deck thickness due to a $1,721.97 misunderstanding between the supplier and Engineer during the design phase. 1 CO 1 Engineering Design Change - Replace 800 amp Main Lug Open panel with $3,036.90 a 800 amp Main Circuit Breaker panel. ----------------------------------------------------------------- ----- ----------- Total $4,758.87 0.30\ Grand Total $32,522.62 2.04\ '. I [ITY DF DELRAY BEA[H 100 N,W, 1st AVENUE . DELRAY BEACH FLOR!DA 33444 . 407/243 7000 May 17, 1993 Mary McCarty, Chairperson PBC Board of County Commissioners P.O. Box 1989 West Palm Beach, FL 33402-1989 Re: Report Card Program Dear Ms. McCarty: At the May 11, 1993, regular meeting, the City Commission of the City of Delray Beach unanimously voted to adopt the Report Card Program referred to in your memorandum of May 3, 1993. I will be drafting an administrative policy for implementation by the City of Delray Beach. If I can be of further assistance, please do not hesitate to call me. Sincerely, t.J-r(J~ David T. Harden City Manager DTH/amh cc: City Clerk ,. - .. .. t- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ttr1 SUBJECT: AGENDA ITEM it Cf ]) - MEETING OF MAY 11. 1993 REPORT CARD PROGRAM DATE: Ma y 7, 1993 We have received a request from Mary McCarty, Chairperson, Board of County Commissioners, to formally adopt a Report Card Program for municipal employees. The program would allow employees two to three hours of compensatory time from work to meet with teachers twice a year when report cards are issued or conferences are requested. At this time, there is no way to confirm how many employees would be affected by this program and the fiscal impact upon the City. Should the Commission be supportive of this request, I will have staff prepare a detailed report to address those items prior to formal adoption. Recommend consideration of the request from Mary McCarty, Chairperson, Board of County Commissioners, to formally adopt a Report Card Program. " , ^ . .. ,-'v'?.-~' ~(~ Board of County Commissioners~ County dministrator Mary McCarty 1 Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Carol A, Roberts Warren H. Newell Burt Aaronson Maude Ford Lee MAY 5 1995 CITY MANAGEP'S OFFICE May 3 I 1993 TO. All City/Town Manag~ FROM: Mary McCarty, Cha r RE: Report Card Program . ----------------------------------------------------------------- ----------------------------------------------------------------- Last month at a Corporate Advisory Meeting, the topic of County government and the corporate conununity adopting a report card program was discussed. Palm Beach County School Superintendent, Monica Uhlhorn and I both supported the idea of allowing parents two to three hours of compensatory time from work to meet with teachers twice a year when report cards are issued or conferences are requested. Several of the Chief Executive Officers present stated that policy was already in effect for their employees. The others present concurred with the policy and indicated their intention to join in this endeavor. I promised to propose adoption of this policy at the next scheduled County Conunission Board meeting and I anticipate unanimous acceptance. I am asking that you, as the City/Town Manager for your municipality, formally request from your elected officials that the Report Card Program be adopted for all municipal employees within your jurisdiction. Government at all levels, needs to cooperate with local schools in fostering a cohesive parent-teacher relationship. The interest and cooperation we extend to our students and teachers of today will be reflected in the conununity leadership of tomorrow. Thanks for your consideration and support. "An Equal Opportunity - Affirmative Action Employer" @ printed on r&Cycled paper P.O. Box 1989 West Palm Beachr Florida 33402-1989 ., ' ,.., . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i qE - MEETING OF MAY 11. 1993 SELECTION OF NOMINEE TO SERVE ON THE FLORIDA LEAGUE OF CITIES BOARD OF DIRECTORS DATE: Ma y 7, 1993 This item was briefly discussed at the May 4th special/workshop meeting at which time the Commission inquired as to the meeting habits of the Board of Directors for the Florida League of Cities. During 1993 the Board met in January, March, May and meetings are scheduled in June and August. All meetings are held within the state, with some meetings taking place at the airport. The meetings usually last two or three hours, some last a day and some last one and a half or two days, depending on the agenda. Air travel expenses are the responsibility of the individual or city. Recommend nomination of an elected official to serve on the Florida League of Cities Board of Directors representing the Palm Beach County Municipal League. '. ' 04-1S-S':' ;,', b. __G. j~~.: "i~~l_ L.. - ....=-- - - - Palm Beach County MUNICIPAL LEAGUE P.O, BOX HlSi, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (407) 355-44134 RECEIVED MBMORARDOM APR J 5 1993 '10& All Mayon ~nag.r. CITY MANArt~'S OFFICE ft: Jack Borni xecutive Director Palm Beach County MUnicipal Le e D'rl April 15, 1993 lUIz Florida League of Citi.. Board of Director. It .............*....*.......*.....*....*.......*...... 'I The Florida Leaque of Cities at its Pebruary 1993 Board meeting adopted a revision to its Board of Oirector. member.hip. Under thi. plan, Pal. Beach County'. membership will increa.e from one member on the Board to four .embers. Ratification of this plan will be required at the Annual Florida League of Cities meeting in Augu.t of 1993. In anticipation of that ratification, the Palm Beach County Municipal League Board of Director. is .eeking name. of 11.~D OPrICTATS who would be inter..ted in 8erving a8 a member of the Plorida League of Cities Board of Directors repr..enting the Palm a.ach County Municipal League. Please .ubmit name. with a brief d..cription of background and interest to the Pa1a Beach County Municipal League office by May 28, 1993 .0 that the Municipal League Board of Director. can review those name. .ubmitted and be prepared to make recolIIIDendations and nominations for the additional .eat. at th~tPlorida League of Cities Annual m.eting. Your attent!on in thi. matter will be qreatly appreciated. Thank you. I ~s/4 '. .24- ...::;..S.3 _ .. ,:~ SJ5 P0]/OS ~'__'-'''',C''' ~._._",.'~ ~--- Palm Beach County MUNICIPAL LEAGUE P,O. BOX 1989. GOVERNMEN1'AL CENTER, WEST PALM BEACH, FL.OAIOA 33402 (407) 355-4484 IIBIIORABDUM '!'OI All Mayors and. Manaqers FR. Jack Horniman, ~ Beach County Municipal League Executive Direc~ 17ft April 15, 1993 II RBI Palm Beach County Bconomic sWRIIlit 'I ...******.......*********..*********.****.********** The County will be conducting an economic .ummit on June 8, 1993 to develop short term strategies to bolster the local economy. County Comaisaion Chair, Mary McCarty, is soliciting economic sWlllllit idea. to be discu...d at the June 8th meeting. The Municipal Leaque Board of Directors, at its April 14th meetinq, 8uggested that all cities be informed of thia request and encourage each city to provide its ideas to the County commi..ion for the upcoming awmnit. Attached is the form that was created by the County to be filled in and .ubmitted by May 3rd to Sam Shannon in the County Administration Department, 301 North Olive Avenue, We.t Pa1m Beach, FL 33401. The municipalities are encouraged to show support to the County in this effort. Alao, the County commission ia soliciting name. of interested municipa1membera to participate at the economic summit. If anyone in your aity.i. interested in becoming a participant, plea.e submit name. to Sam Shannon alao a. .oon as pos.ible. Al80 attached is comai..ioner McCarty's letter regarding this reque.t. Thank you for your prompt attention to this matter. . '. '" . 11001101110 .1JIDlI'f IDOl 1. Title [briet ~t. descriptive): 2. ~scriPtion ot Economic stimulus Idea [Drier description ot the strateqyl: - - 3. Tarqet outco.e [What results will be produced in teX1llS of either capital tormation andlor jobs): capital ~ormation: l JOD creation (esti1llated I and type]: - I . . 4. county contribution (Statt ti.., tinancial, policy chanqel* 5. Is the suqqe.ted strateqy dependent upon other strateqies? ...c yes, which?' 6. .est Realistic outco.. (What is the best we can expeot from this strateqy realistioally?) , 7. Worst possible outcome (What is the worst that could happen it this strategy were pursued?) *(It you are unsure leave blank, county statt w11l analyze). . .. . .'. 04-15-93 14: 11 P. 8. CO. i'~~_:::, __ ___ Board of County Commissioners County Adminiltrator Mary McCarty, Chair . . Robert Wmman Ken L. Poster, Vice Chairman Karen T. Marcus Carol A. Roberts '\' I 'i Warren H. Newell Burt Aaronson Maude Pord Lee March 23, 1993 Mr. Jack Horniman, Executive Director PIC Municipal Leaque 301 North Olive Avenue We.t Pal. Beach, Florida 33401 SUMMIT ~ On 8th, the Board of County Commissioners will be conducting a spec a1 workshop to identity and prioritize actions that should be taken to stimulate the county's economy. This day lonq workshop will be tocu.inq on immediate and short term steps the Board can take to as.ist in bo1starinq the local economy. It i. anticipated that the workshop participant list will include approximately 20 individuals in addition to the Board members. In order to a..ure that this workshop involves a stronq cro..-section ot the county, it is requested that you provide this oftice with recommendations of po..ible participants. In making these recommendation., it is requested that you inolude a description as to expertise or special contribution that the individual will bring to the workshop. It is anticipated that we will receive many more recommendation. than the number of participants to be .elected, theretore, this de.cription ot what the person will brlnq to the table will be critical 1n selecting the final participant list. It i. reque.~ed that you distribute this request to the various municipalities and ask that they provide nominations to Sam Shannon, Bxecutive Assistant to the County Administrator, at 301 N. Olive Avenue, West Palm Beach, FL 33401 by April 16th. It there are any questions concerning this request, please don't h..itate to contact .e at 355-2204. ...;,,.... ..--'-. ry MCCarty, Chair ty Commissioners 11M I at cc: Board of County Commissioners "An Equal Opportunity. Affirm.tivo Action Employer" C_....__ Boxl989 W..tPaJmBeach,F1orida 33402-1989 PAX:(407)35s.3982 , . . . ,1)1( ~~ During 1993 the Board of Directors for the Florida League of Cities met in January, March and May and meetings are scheduled in June and August. Some meetings are held at the airport and usually last two or three hours, some last a day and some last one and a half or two days, depending on the agenda. Air travel expenses are the responsibility of the individual or the city. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER8?J1 SUBJECT: AGENDA ITEM # Cf F - MEETING OF MAY 11, 1993 APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES DATE: MAY 7, 1993 John M. Duane, Jr.'s term on the Police and Fire Board of Trustees expired on April 22, 1993. Mr. Duane is not interested in being considered for reappointment. The term will be for two (2) years, commencing April 23, 1993, and ending April 22, 1995. The following individuals have submitted applications for consideration: David I. Cohen Herbert F. Freese Melvin E. Hirth Rosalind Murray William M. Plum Ben Stackhouse The requirement for membership is that two (2) public members are to be appointed by the City Commission. A person need not be a resident, property owner or business owner within the city. The appointee must take an oath of office. Pursuant to Commission direction, a check has been conducted for possible code violations or municipal liens. None of the applicants has any outstanding code violations or liens. Based upon the rotation system, the appointment will be made by Commissioner Ellingsworth (Seat #3) . Recommend appointment of a member to the Police and Fire Board of Trustees to a term ending April 22, 1995. ~h" InIIM!t~€..- .. . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [f;V1 SUBJECT: AGENDA ITEM # lOA - MEETING OF MAY 11. 1993 ORDINANCE NO. 38-93 DATE: May 7, 1993 This is the second reading of an ordinance which amends Chapter 33, "Police and Fire Departments", Section 33.68, "Supplemental Retirement Income and Minimum Benefit for Members who Retired Prior to Certain Date" , to provide a one-time five percent {5%} increase in benefit levels to members and beneficiaries of members who retired prior to October 1, 1990, and to retroactively provide increases to certain beneficiaries Based on direction received from the Commission and the fact that the last change was for Police and Fire personnel who retired prior to October 1, 1987, it appears to be appropriate to make this change effective for Police and Fire personnel who retired prior to October 1, 1990 as opposed to January 1, 1991, as had previously been proposed. The supplemental and minimum retirement income provided for by this ordinance would be paid effective April 1, 1993. At the April 27, 1993 regular meeting, Ordinance No. 38-93 was passed on first reading by a 5-0 vote. Recommend approval of Ordinance No. 38-93 on second and final reading. ~ & ? wl;m~ iU~ - /J() ~~~ ~. t~ 6-0 fJl! CJ.-- ;}110 &d- - 0/dif9'3 ., ' . ~. ._---,-- _.._-_..._--"~ . ~~~ - -----..- . - --------_._~-- -,----_._-- --_.,._---_.~- ---.- .~- --- ----- ---.--.,---- --..-'------ ~------- ORDINANCE NO. 38-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.68, "SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFIT FOR MEMBERS WHO RETIRED PRIOR TO CERTAIN DATE", TO PROVIDE INCREASES IN BENEFIT LEVELS TO CURRENT RETIREES AND BENEFICIARIES OR PERSONS WHO TERMINATED EMPLOYMENT PRIOR TO OCTOBER 1, 1990, AND BEGAN RECEIVING BENEFITS PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; TO RETROACTIVELY PROVIDE INCREASES TO CERTAIN BENEFICIARIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission had passed Ordinance No. 102-87 on December 22, 1987; and, WHEREAS, Ordinance No. 102-87 granted increases in retirement income to members of the plan who had retired prior to October 1, 1987; and, WHEREAS, it was the intent of Ordinance No. 102-87 that both . members and beneficiaries of members who had retired prior to October 1, 1987, receive an increase in their benefit levels; and, WHEREAS, the City of Delray Beach Police and Fire Board of Trustees has actually authorized the increased payments to both members and beneficiaries of members who retired prior to October 1, 1987; and, WHEREAS, the City Commission wishes to codify the intent and practice of paying such increased amounts to beneficiaries of members who retired prior to October 1, 1987; and, WHEREAS, the City Commission and Police and Fire Board of Trustees are desirous of granting further increases to present members and beneficiaries of members who retired prior to October 1, 1990. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", Subheading "Pensions", Section 33.68, "Supplemental Retirement Income and Minimum Benefit for Members who Retired Prior to Certain Date", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended as follows: (A) Members and beneficiaries of members who retired prior to October 1, 1987, shall receive an increase in their retirement income calculated in accordance with Sections 33.62 and 33.63, equal to two percent (2%) for each year from the date of the member's retirement through Septembe r 30, 1987; however, all such members who retired prior to October 1, 1987, shall receive retirement income of at least $200 per month. The supplemental and minimum retirement income provided in this section shall be paid effective January 1, 1988. The supplemental retirement income provided in this section shall not be subject to the benefit offset contained in Section 33.62 (E) (5) (e) and (E) (7) . (B) Members and beneficiaries of members who retired or terminated employment prior to October 1 , 1990, and beqan receivinq benefits prior to the effective date of this ordinance, shall receive an increase in their retirement income calculated in accordance with Sec. 33.62, 33.63, 33.68(A), equal to five percent (5%) . The supplemental and minimum retirement income provided in this section shall be , ' . "...;. ----_.._---,_._-_.~--- .-._._--~...__....~-----_.._._._---_._-~--- ----------~-~---- -_.~----. -----.._- ... .__.__n ___..__ __ ___ ---------~_._- '''-' .----.. --..----...- - -- -----._------"-----.. ---- paid effective April 1, 1993. The supplemental retirement income provided in this section shall not be subject to the benefit offset contained in Section 33.62(E) (5) (e) and (E) (7) . Section 2. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective ten days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR . ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 38-93 ., . . -~. .--. -- - -~ -- ---~----- ORDINANCE NO. 38-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, .. OLICE .:e.ND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", F THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH FLORIDA, BY AMENDING SECTION 33.68, .. SUPPLEMENTAL RE IREMENT INCOME AND MINIMUM BENEFIT FOR MEMBERS WHO TIRED PRIOR TO CERTAIN DATE", TO PROVIDE INCREASES BENEFIT LEVELS TO CURRENT RETIREES AND BENEF CIARIES AND TO RETROACTIVELY PROVIDE INCREAS S TO CERTAIN BENEFICIARIES; PROVIDING A SAVI CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTI DATE. WHEREAS, the City Commission passed Ordinance No. 102-8- on December 22, 1987; and, WHEREAS, Ordinance No. 102- 7 granted increases in retireme:'.t income to members of the plan who ha retired prior to October 1 , 198 - ; and, WHEREAS, it was of Ordinance No. 102-87 that be'::--. members and beneficiaries mem ers who had retired prior to October 1 . , 1987, receive an increase ir benefit levels; and, WHEREAS, the City f Delray Beach Police and Fire Board e: Trustees has actually author zed the increased payments to both membecs and beneficiaries of member who retired prior to October 1, 1987; and, WHEREAS, the Ci Commission wishes to codify the intent ar;d practice of paying such ncreased amounts to beneficiaries of membe!:"3 who retired prior to Oct ber 1, 1987; and, WHEREAS, the Commission and Police and Fire Board J: Trustees are desirous of granting further increases to present membe~S and beneficiaries of who retired prior to October 1 , 1990. NOW, FORE, BE IT ORDAINED BY THE CITY COMMISSION OF 'Tqt:' CITY OF DELRAY H, FLORIDA, AS FOLLOWS: Sectio That Chapter 33, "Police and Fire Departmen!.s II , Subheading "Pen ons", Section 33.68, "Supplemental Retirement 1nc::):"," and Minimum Be fit for Members who Retired Prior to Certain Date", ~ " the Code of Or inances of the City of Delray Beach, Florida, be, a:1d ':.~.':-' same is hereb amended as follows: (A) Members and beneficiaries of members who ret~ c':'::: p, ior~ October 1, 1987, shall receive an increase in t:;.e :.::- etirement income calculated in accordance with Sectio~s 3 J . ;.:, 2 and 33.63, equal to two percent (2% ) for each year from :'le date of the member's retirement through Septembe r 30, 198-; however, all such members who retired prior to October , , 1987, shall rece i ve retirement income of at least $200 ,..-..':'>,..- month. The supplemental and minimum retirement incc:-""e provided in this section shall be paid effective January 1 , 1988. The supplemental retirement income provided in thiS section shall not be subject to the benefit offset conta l:'.e::l in Section 33.62(E) (5) (el and (E) (7) . (B) Members and beneficiaries of members who ["et~r.-~:=c. prior to October 1 , 1990, shall receive an increase in t:-:i?l:- retirement income calculated in accordance with Sec. 33 . fi 2 , 33.63, 33.68(A), equal to five percent (5%) . The suppleme:,.':a~ and minimum retirement income provided in this section shaL~ be paid effective April 1, 1993. The supplemental retireIT'.e ': income provided in this section shall not be subject to ~ ~ benefit offset contained in Section 33.62(E)(5)(e) and (E) (~ ., ' . II - ~ --- Section 2. That all ordinances or parts of ordinances '",hlCh are in conflict herewith be and the same are hereby repealed. Section 3. That should any section or provision of thls ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalld, S:J,C:-: decision shall not affect the validity of the remainder hereof as 3. whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effectlve tel", days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and fl:-:a: reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 38-93 .. FiLE: PFCOLA ,. CITY OF DELRAv BEACH POLICE ~ FIREFISHTERS PENSION LISTINE DATE OF DATE OF SERVICE ~ONTHLY SS I NA~E BIRTH RETIRE/DISe YEARS BENEF IT ------------------------------------------------------------------------------------------- , 262-76-5307 ANDREWS, JOHN 09-05-46 D - 11/01/B9 16 $1,958.9S .1 262-58-1351 BALDWIN, BENJA~IN 01/15/39 R - 03/0l/90 20 $1,411.20 .,; i)94-3i)-4025 BEAN, WILLIE FRANK ~2/25/39 D - 11/01/91 12.8333 $1,209,84 4 196-34-2806 BERGUM, ALLE~. 07/24/44 D - 10/18/83 9.9167 $1 ,277. 70 5 302-18-0061 B!~LINGS, CHESTER <:'7/28/26 R - 09/30/78 27.6667 $1,499.63 6 026-28-8664 BRADBURY, WAYNE ~ 07/01/37 D - 02/27/87 19.4167 $2,085.30 7 266-24-6701 BRAILFDRD, CLIFFORD 10/23/27 R - 02/13181 24 $1,071.62 8 267-62-4226 BROOKS, LORENZO 09/09/42 R - 01/01'91 ..,.., Q $1,439.79 ...4, , 9 256-74-3219 BROWN, REDICK 02/22/47 D - 03-01-76 3.5833 $799.85 10 262-30-8272 BUCHAN, HOMER 05/06127 D - 08/31!74 18 $950.25 I' 364-20-0042 COOK, CLARENCE 10/07/21 R - 02/25/77 30.5833 $1,593.3S .! 12 261-07-9658 CROFT, R C !)7!20 /15 R - 05/01/72 34.3333 $974.50 I" 223-42-3957 DALTON, ~ARILYN (CHARLES105i21/36 D - 10/17/84 22.3333 $1,!37.40 .;, 14 262-32-8268 FORT, THD~AS 09/28128 D - 05101/76 28 $702.15 ,,; 266-44-1574 GERNER, RAY"OND 08/27/33 D - 08/31/91 14.8333 $905.54 lw 16 262-46-5728 SRANTHA". ~ARY (JA~ES) 01124/13 R - 06/14/74 32.5 $753.35 17 262-34-1473 HELVENSTON, JA"ES 03/03/29 R - 04/25/81 17.5 $843.00 18 267-70-8745 HILL, EARKIS L 05129/46 R - 11/01/92 18.5833 $1,307.31 19 267-42-4622 HILL, WILl!A~ 04/14;28 R - OS/23/80 13.3333 $892. 24 20 264-54-3269 HORN, ROBERT L 10-06-38 R - 01/01/90 22.1667 $I , 577 .30 21 329-34-6609 JACKSON, ~ICHAEL 09/13/41 D - 11/16/84 17.25 $2,479.52 22 409-09-1830 JOHNSON, EUlER 03/23/16 R - 04/18/75 19.5 $641.33 "T 044-18-9766 JOINER, ~ILDRED (LEWIS) 01/26/24 R - 02/07/76 22.3333 $540.96 i,,,; 24 079-34-6936 KENNEDY, LINDA (JOHN) 10/08/41 o - 08/16/74 9.5 m6.10 25 069-26-6850 KILGORE, CHARLES L 07/21/29 R - 11/01/90 31. 5 $4,090.01 26 264-48-9899 "AGINLEY, LESTROY 12/31/31 R - 03/31/95 15.0833 $1,226.66 27 266-82-8183 ~AlINONSKI, "ICHAEL 09124/48 D - 07/01/90 17.8333 $2,579.91 28 060-22-7539 MICHAELS, DONALD C 12130/28 R - 03/30/76 28.0833 $900.52 "n 261-56-3282 "ICHAELS, HAROLD 01/23/32 D - 04/17/~ 20.5 $1,882.13 i,7 30 402-44-5598 "OORE, FENTON 06/22/37 D - 11/15/83 19 $1,519.90 31 262-50-4342 NUBIN, THERON 05/01/35 D - 05/01/82 14.5 $556.08 32 266-90-6550 PALLER, DARLENE 16ERALD) 12/13/48 D - 11/17/89 16.25 $1 \ 200. 02 33 260-68-6620 PITT"AN, BERNARD 117/17/46 D - 01/01/90 9.8333 $1,924.02 34 150-48-4497 PRUSSER, BETTY (GENA L) 10/14/54 D - 10/19/98 8 $472.22 "" 009-01-5639 QUINN, JOSEPH ! ::/18109 R - 12/01/71 24.7 $574. 37 .),,; 36 267-60-9344 ROSEKE, ~AVNE 1); :! / 41 R - 07/31/87 23.6667 $1,257.36 .... 263-52-2138 RUFFING, ROBERT '):/07/40 D - 01/09/87 12.4167 $1,989.20 .)/ 38 190-32-9020 SCHILLER, ROBERT 1! 106/39 R - 11101/89 24.3333 $1,894.02 39 193-12-1772 SE"OSH, ALEX '::/17/24 R - 08/29/80 30.4167 $1,375.14 40 267-62-4592 SHEA, JAl'lES P :'8125/40 R - Ot/Ol/90 ~" $1,885.90 .:..;, 41 196-52-2699 SHINHOLT, RICHARD G 02/0!i57 o - 05/01/92 6.5833 $2,324.77 42 364-22-9440 SLAGER, ROBERT .)9/24/22 R - 02/23/79 26 $1,234. 07 43 265-56-3919 S'HTH, DEHN I 5 )5/26,39 o - 05/15/94 20.1667 $2,377.30 44 261-66-6329 TWITTY, J J 10/12/43 R - 09/01/92 24.25 $2,432.98 45 265-40-7477 WARD, BILLY JR (BILLY) 10/17133 R - 04/30/81 20.1667 $394.56 46 583-90-4934 WAUGH, ~!CHAEL 05/10/57 o - 11/01/89 7.8333 $2,092.44 47 140-42-6812 WAY, JON D 12114/49 D - 01101/90 16 $1 ,892. 64 ., . ~!TY DF DElRAY BEA[H ,-~ rTORNEY'S OFFICE Writer's Direct Line (407) 243-7092 MEMORANDUM ~ Date: March 5, 1993 To: David Harden, City Manager From: Jeffrey S. Kurtz, City Subject: Increase in Police and Benefits for Current Retirees Our office is finalizing the draft to the Police and Fire Pension Plan that would allow current retirees a five percent increase in benefit levels provided they had retired before January I, 1991. In addition, it is the intent of the ordinance that this benefit increase be applicable to all beneficiaries under the plan, not simply retirees. The ordinance will also have the effect of implementing those increases set forth in the 1988 amendment retroactively for beneficiaries that were not members of the plan (retirees) as has been discussed at the Pension Board and before City Commission. This in fact was the practice. r anticipate that the ordinance will be completed and be reviewed by Pension Board counsel and thus available for distribution on Monday, March 8, 1993. The City Commission had requested that they be provided with a listing of all current beneficiaries under the plan and the amounts that said beneficiaries receive so that they can determine whether the proposed increase in benefit level is appropriate. Should you have any questions regarding this matter, please do not hesitate to contact our office. JSK: jw ber.s.i.:'et..jsk ~J ., . . ~ FI LE: PFCOLA CITY OF DELRAY 9EACH POLICE ~ '!REFIGHTERS PENS!8N ~IST[N6 :.ATE OF JP,;E GF SEP'i!CE ~CNiuL ~I SS # ~A!'IE BIRTH RETIRE/DI5B YEARS BENEF:T ------------------------------------------------------------------------------------------- !8 4'~Q- ,"_.~, T WEBB, DONALD 04/!).3/~4 R - :2!01i85 "" $1,11:.47 .. ...... .I.~ ....... ~J. 'C1 124-22-4'4& WICKERT, >RANeES (PAUL) 11/:m9 R - 04-30/81 22.1667 $C1!Q Q' " ,/.lot. '.. 50 T95-38-2140 WONDRA, DENN!S 07/03/39 R - OI/01/C1a 22.16b7 fl,C167.89 51 266-24-6952 ~R!GHT I WILLlAI1 01/10/~9 R - 02.120/84 30 $:,O2:).~7 52 262-29-1846 ZIE6LAR, FREDERICK 01/20/55 D - 08/01/90 11.8333 $2,~28.33 ------------ $75,276.48 ------------ ------------ .. . - .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~ r'Jv . \ FROM: CITY MANAGER [ '. SUBJECT: AGENDA ITEM i I~ A - MEETING OF MAY 11. 1993 ORDINANCE NO. 37-93 DATE: Ma y 7, 1993 This is the first reading of an ordinance amending the City's code with regard to occupational licenses. The proposed ordinance amends Section 110.06, "Persons not Required to Pay Full Fee" , to provide an exemption for non-resident persons from paying additional fees. This change corrects a conflict with Section 205.065 of the Florida Statutes. It also amends Section 110.15, "License Tax Schedule", by adding two new categories of occupational license; Non-Certified Contractor - Interior Trim (similar to the old "handy-man" license) and Nail, Acrylic Shops. Recommend approval of Ordinance No. 37-93 on first reading. If passed, second reading and public hearing on May 25, 1993. rWYJid /s/~ {jlv/ ( /lv;~ ~J tb- fIZ7. ~s ~I ~cy:; o-n 6/1/93 - ~~~r ~ ~ L24.-- ~ ~ ~ . . - --------~--- ---~- ----- ----- - ------ ORDINANCE NO. 37-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 110.06, "PERSONS NOT REQUIRED TO PAY FULL FEE", TO PROVIDE AN EXEMPTION FOR NON-RESIDENT PERSONS FROM PAYING ADDITIONAL FEES; BY AMENDING SECTION 110.15, "LICENSE TAX SCHEDULE" , BY ADDING TWO NEW 'CATEGORIES OF OCCUPATIONAL LICENSE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the State Legislature enacted Section 205.065, F.S. , in 1992 which provided for an exemption for non-resident persons, regulated by the Department of Professional Regulation, from paying additional registration fees imposed by local municipalities; and, WHEREAS, said Section 205.065, F.S., provides that if any person engaging in or managing a business, profession or occupation regulated by DPR has paid an occupational license tax for the current year to the county or municipality in the state where his permanent business location or branch office is maintained, no other local governing authority may levy an occupational license tax, or any registration or regulatory fee equivalent to the occupational license for performing work or services on a temporary or transitory basis in another municipality or county; and, WHEREAS, Section 110.06, "Persons Not Required to Pay Full Fee" , of the Code of Ordinances of the City of Delray Beach, Florida, currently requires that such persons and/or businesses holding a valid occupational license from another municipality or county and doing business in the City of Delray Beach shall be issued a city license and pay the required registration fee; and, WHEREAS, the City Attorney of the City of Delray Beach, Florida, has determined that such registration fees are in conflict With Section 205.065 of the Florida State Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 110, "Occupational Licenses Generally", Section 11 0.06, "Persons Not Required to Pay Full Fee", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Subsections (A) and (B) in their entirety, and enacting a new Section 110.06 to read as follows: Section 110.06 PERSONS NOT REQUIRED TO PAY FULL FEE. Persons holding a valid and currently effective occupational license issued by another Florida municipality or county, and who do not maintain a permanent business location or branch office in the City of Delray Beach, shall be issued a city license for their particular occupation upon their registering with the City Building and Inspection Division. No fee shall be required to obtain a license in such cases. Section 2. That Chapter 110, "Occupational Licenses Generally" , Section 110.15, "License Tax Schedule" , of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding the following classifications in appropriate and/or alphabetical order: 'f - -- -- ----- -- ----- --- - Classification Fee CONTRACTORS ill Non-Certified Contractor - Interior Trim $120 (This category includes cabinet installation, paneling, paper hanging, resilient flooring, screen replacement, shelving, cultured marble counter tops, luminous ceiling, garage doors (non-electric), room air conditioners and general carpentry work.) NAILS, ACRYLIC SHOPS (State Certificate) .!.2Q. Section 3. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective ten days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY '0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 37-93 MEMORANDUM TO: DAVID HARDEN, CITY MANAGER { FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT(J€ RE: CONSIDERATION OF AMENDMENTS TO CHAPTER 110: OCCUPATIONAL LICENSE GENERALLY - DATE: APRIL 23, 1993 ITEM BEFORE THE COMMISSION: - - First reading of Ordinance #37-93 amending Chapter 110, Sections 110.06 (A) & (B) and 110.15 relating to Occupational License. BACKGROUND: The State Legislature enacted Section 205.065 in 1992 which provided for an exemption for non-resident persons, regulated by the Department of Professional Regulation, from paying additional registration fees imposed by local municipalities. The new section provides that if any person engaging in or managing a business, profession or occupation regulated by DPR has paid an occupational license tax for the current year to the County or Municipality in the state where his permanent business location or branch office is maintained, no other local governing authority may levy an occupational license tax, or any registration or regulatory fee equivalent to the occupational license tax for performing work or services on a temporary or transitory basis in another municipality or county. Section 110.6 (A) & (B) currently requires that such persons and/or businesses holding a valid Occupational License from another municipality or county and doing business in the City of Delray Beach shall be issued a city license and pay the required registration fee. The City Attorney has determined that such registration fees are in conflict with Section 205.065 of the Florida State Statutes. The amended language correct this conflict. ., Chapter 119 - Occupational Licenses _ April 23, 1993 Page 2 We are recommending the addition of two new categories of occupational license to Section 110.15 as follows: (1) Non-Certified Contractor - Interior Trim (Similar to the old "handy-man's" license). License allows work-related to cabinet installation, paneling, paper hanging, resilient flooring, screen replacement, shelving, cultured marble counter tops, luminous ceiling, garage doors (non-electric), room air condi tioners and general carpentry work. The annual license fee is proposed at $120. (2) Nails, Acrylic Shops - new category proposed in keeping with new business trends and DPR license. Annual license fee proposed at $70. RECOMMENDATION: Staff is recommending City Commission approval of Ordinance #37- 93 on first reading amending various section of Chapter 110 governing Occupational License and hold the required public hearing for final adoption of these changes. 93Mem OL.LB . - COMMENTS FROM CITY COMMISSION REGULAR MEETING OF MAY 11, 1993 11. B. From The Public: 11.B.1. Mr. Richard Eckerle, representing Woodlake Homeowners Association, read a statement entitled, "Notes on Tree Exchange Project of Gertrude Caldwell, 372 S.W. 27 Avenue, Woodlake Development (PRD-6)", a copy of which is attached hereto and made a part of these minutes. In response, the City Manager stated that Mrs. Caldwell could replace her black olive tree with another shade tree of an appropriate species. She should have been allowed to do that from the outset. 11.B.2. Mr. Alfred Straghn, 26 S.W. 5th Avenue. Delray Beach, who expressed his concerns about what he had read in the newspaper concerning the matter of Officer James Cook (that is, the City Manager would uphold the Police Chief's recommendation to terminate). Mr. Straghn stated that if what he read is true, he is disturbed that such a severe action would be taken for something that is not that serious in his mind. Everyone makes mistakes, and he feels that a personal vendetta is ongoing against the Cooks since he is sure there are other Police Department employees who have done far worse and not been fired. Mr. Straghn asked the Commission to consider the matter and discuss it further with the City Manager. 11.B.3. Mr. Arthur Jackal. Chairman. United Property OWners of Delray Beach, who expressed his support for the earlier comments by Mr. Eckerle, and requested that the City staff be held responsible to the City Manager who, in turn, is responsible to the City Commission. 11.B.4. Paster Lenard Johnson. Mount Olive Missionary Baptist Church, who spoke concerning the Officer Cook issue. He stated he is concerned about the effect this is having on the community, and his feeling that there has been enough discussion about this matter to try to deal with some of the issues. Pastor Johnson further stated that the community in and around Mount Olive Church is no longer they way it was when Officer Cook was working that area, but has gone back to the old problems. He felt Officer Cook did a fine job and was an asset in communicating with the people, and asked that the Commission take this into consideration and ask that the City Manager have some more discussions in this regard. The City does not have that many Black Police officers and the community needs role models. 11.B.5. Ms. Alice Finst. 707 Place Tavant, who complimented Assistant City Manager Bob Barcinski on his speech and representation of Delray Beach at a recent League of Women '. I Voters meeting, and also complimented City Manager David Harden for his conduct and handling of the discussion at the close of the May 4, 1993, workshop session. Ms. Finst also spoke regarding the appearance of Congress Avenue. She feels some type of immediate action from Code Enforcement is necessary, even if it is only to get in and mow some of the overgrown lots. Si te plans for the properties should be reviewed to be sure signage is put back the way it should be, and the street itself is in very bad shape from Atlantic Avenue north to Lake Ida Road. Ms. Finst complimented Mr. Clay Wideman on the improvements to his building on West Atlantic Avenue and suggested that some sort of recognition from the City as to his efforts would be appropriate. 11.B.6. Mrs. Ardeth Dobson. 907 S.W. 3rd Court. Delray Beach, who spoke in support of Officer James Cook's character and his efforts with community young people, including the help he had given to her own children when they were in trouble. She has received very little help from the Police Department, but Officers James and Verna Cook have always offered help and support. If Officer Cook is terminated, Mrs. Dobson feels her community will have been done a great injustice. 11 . B . 7 . Mr. Robert Burns. 257 a Lake Ida Road. Delray Beach, who thanked the City Manager and those members of the Commission who stayed to listen to his concerns at the last meeting on May 4, 1993. Mr. Burns spoke regarding Officer Cook and expressed his concern that he would be fired over something as small as this, when there are other Police officers who have done far worse and are still on the force. Officer James Cook has done a great job in the Black community and Mr. Burns feels it is a shame that the Police Chief is trying to terminate him. 11.B.a. Mr. Daniel Wright. 106 N.W. 12th Avenue. Delray Beach, who spoke in support of Officer Cook and the job he had done in the community. 11.B.9. Mr. Eddie William Jones. 314 N.W. 4th Avenue. Delray Beach, who stated that he was concerned about the community since Officer Cook was taken out of the area. He asked the City Manager and the members of the City Commission to consider the good works Officer Cook has done for the city and to give him his job back. ~ Comments and Inquiries on Non-Agenda Items: 13.A. Commission Comments: -2- 5/11/93 . ' . 13 .A. 1. Commissioner Smith: No comments 13 .A. 2. Commissioner Alperin: No comments 13 .A. 3. Commissioner Ellingsworth: Recognized two members of the audience, Mrs. Hallie Yates Worthing, former City Clerk, and Mr. Doak Campbell, former Mayor. 13 .A. 4. Commissioner Randolph: No comments 13 .A. 5. Mayor Lynch: Stated that he had received a letter from Dees Contracting, Inc. which was very critical of the city with respect to the contract with them, and inquired as to the status of the matter. City Attorney Ruby stated she believes this was a letter which crossed in the mail prior to the matter being resolved. Mayor Lynch encouraged the Commission members to try to attend the All America City Award Program in Tampa next weekend as a show of support. -3- 5/11/93 ., - HOMEOWNERS ASSOCIATION, INC. 385 S.W. 27TH TERRACE OELRA Y BEACH, FLORIDA 33445 NOTES ON TREE EXCHANGE PROJECT OF GERTRUDE CALDWELL, 372 SW27 Ave. WOODLAKE DEVELOPMENT (PRD-6) Mrs. Caldwell asked the Woodlake Management for the proper procedure to change her black olive tree to another specie since her car and walkway were being stained from the tree. Woodlake was built with only a small one-car garage and one-car ;driveway in front of garage. We are a twe patio attached home ~ommunity. However, they are taxed as single family homes. We have two and three bedroom homes. Woodlake also has approximately 20 detached homes with double garages backing up to Homewood Blvd. Patio homes lots are on a 45' frontage for each side. In 1978 or 1979 the City Council approved all landscaping plans. Several years later, when requested, the City could not locate these plans or the plans for my residence. A permit was issued for my house and the attached unit, but for two smaller models. (Fees paid were according to square footage). I was shown a room with plans stacked haphazardly and told requested plans might be there, but city would not look for them. Later, when I was a member of the Community Appearance Board, this same developer appeared before the board requesting approval for a development (now known as Clearbrook). At that time, he had completed the last 4 single family homes in Woodlake. He promised the CAB to place a tree in front of each house (check minutes). Several times in the next few months I spoke to Nancy Davila about the trees not being planted. Nothing was done! Some of the new owners have planted trees, but some have not, to this day., Many residents changed trees, removed trees, etc. in Woodlake without goint through city permit procedure, or our Architectural Review Committee. Tree trimming in the front lawns is the responsibility of the homeowners association. Replacement is responsibility of owner. The association takes care of the masonry walls. Shadowbox fencing is responsibility of owner. The association also cleans the sidewalks at least once a year, and also maintains the swale area and lawns between the sidewalk and front fence of each home. ., . . . - ~.. ~~ i . t:a" ;. ,. HOMEOWNERS ASSOCIATION, INC. 385 S.W. 27TH TERRACE DElRA Y BEACH, FLORIDA 33445 Mrs. Caldwell called the Woodlake office concerning here black olive tree. She owns a vintage car that must be kept in the garage and must park her second car in the driveway under the black olive tree. Thus, it is stained constantly. Instead of replacing the tree without going thru proper procedure, she did the correct thing. Woodlake Architectural Review Committee approved her application and advised her of the necessity of obtaining a city permit. We also provided her with a copy of our documents to show Mrs. Davila when she applied for a permit. at which time Mrs. Davila kept her waiting for forty-five minutes. and was then told Mrs. Davila would have to investigate the situation herself. Upon examining the tree and our community. Mrs. Davila said we have at least 50 black olive trees and she doesnot want fifty cases. Therefor she refused to issue a permit. Please note that an article appeared in the April 30, 1993 issue of the Delray News, advising that plack olive trees are not stable trees for hurricane winds. We feel Mrs. Davila has an attitude problem and lets her personal feelings affect her decisions. Sincerely, RICHARD L. ECKERLE, Chairman Architectural Review Committee Woodlake Homeowners Association. P.S. Mrs. Davila has changed the plantings in the center island of Homewood Blvd. many times in the last few years. .,