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05-23-93 Regular . . I CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - MAY 25. 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-agendaec'l 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 5/25/93 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 Meet\ng of May 11, 1993 6. Proclamations: None. 7. Presentations: A/ Recognition of Atlantic High School Students - Pathfinder Award Program B./ Certificate of Commendation - Delray Beach Parks and Recreation Department from Metropolitan Dade County for assistance rendered in the aftermath of Hurricane Andrew C j Government Finance Officers Association - Distinguished Budget Presentation Award 8. Consent Agenda: City Manager recommends approval. A. ACCEPTANCE OF EASEMENT DEED/DELRAY COMMUNITY HOSPITAL: Accept an easement deed from Delray Community Hospital for the installation of a water interconnect main between the City's water system and Palm Beach County's water system. B. GRANTING OF TEMPORARY CONSTRUCTION EASEMENTS: Grant temporary construction easements to Palm Beach County for Parcels 11-A and 12-A in conjunction with construction on Lake Ida Road. C. HOLD HARMLESS AGREEMENT: Approve a hold harmless agreement between Ghassan and Olga Kashou for the installation of -2- '. City Commission Regular Meeting 5/25/93 landscaping improvements within the City's utility easement adjacent to the Bi-Lo Grocery building on West Atlantic Avenue. D. AGREEMENT FOR THE SALE OF POLICE CANINE: Approve a hold harmless agreement for the sale of Police Canine King in the amount of $1,633.33. E. RENEWAL OF CONSORTIUM AGREEMENT WITH PALM BEACH COUNTY/HOME PROGRAM: Renew the consortium agreement with Palm Beach County for the purpose of receiving federal funds under the Home Investment Partnership Program for Fiscal Years 1993-1996. F. REOUEST FOR WAIVER OF PERIMETER LANDSCAPE REOUIREMENTS/PALM SOUARE: Approve a request for waiver of Section 4.6.16(H)(3)(a) and ( d) of the Land Development Regulations to reduce the required five foot landscape buffer between parking areas and public right-of-way and between the parking area and abutting properties to three ( 3 ) feet for 60 Palm Square. Historic Preservation Board recommends approval. G. AUTHORIZATION TO TRANSFER FUNDING: Authorize staff to transfer $100,000 from General Construction Fund - Prior Year Surplus (Account No. 334-0000-301-34.00) to Parks and Recreation - Other Repairs/Maintenance Costs (Account No. 334-6111-572-46.90) to cover the costs of emergency repairs to Pompey Park and the Community Center. H. REOUEST FOR FINAL PAYMENT/REGIONAL WASTEWATER TREATMENT AND DISPOSAL PLANT ACCESS ROAD: Approve the request for final payment in the amount of $15,532.16 from the South Central Regional Wastewater Treatment and Disposal Board for completion of the Emergency Access Road project; with funding from Water and Sewer Fund - Emergency Access Road- SCRWTDB (Account No. 441-5142-536-63.94). I. APPROVAL OF ASSIGNMENT AGREEMENT/RESOLUTION NO. 44-93: Approve the assignment agreement with the eRA for the purchase of real property located at 222 N.W. 5th Avenue and approve Resolution No. 44-93 authorizing the purchase of said propertYi with funding from Community Development Block Grant - Neighborhood Housing Land Acquisition (Account No. 118-1974-554-61.10). J. RESOLUTION NO. 45-93: L.- A resolution endorsing and supporting ,the Community Based Prosecution (CBP) Program of State Attorney Barry Krischer. K. AWARD OF BIDS AND CONTRACTS: 1. July 4th Fireworks Display - Fireworks by Grucci I Inc. in the amount of $24,000; with the City's portion ($8,000) to come from Special Events (Account No. 001-1111-511-48.10) . -3- " " City Commission Regular Meeting 5/25/93 L. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT: Ratify the collective ba~gaining agreement with the International Association of Fire Fighters. 9. Regular Agenda: JA. 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 May 10, 1993 through May 21, 1993. )B. REOUEST FOR WAIVER OF LANDSCAPE CODE REOUIREMENTS: Consider a request from Lake Ida Church of Christ for waiver of Section 2.4.10 (G)(1) and (2), "Landscaping Bond" to permit the issuance of a conditional Certificate of Occupancy without the installation of required landscaping or the posting of a landscaping bond. J C. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 93-2: Authorize staff to initiate Comprehensive Plan Amendment 93-2. City Manager and Planning and Zoning Board recommend approval. JD. AMENDMENT TO INTERLOCAL AGREEMENT WITH THE PALM BEACH COUNTY SCHOOL BOARD: Approve an amendment to the interlocal agreement with Palm Beach County School Board relating to the construction of an elementary school south of Linton Boulevard and east of Military Trail. City Manager recommends approval. j E. 1993 WATER AND SEWER BOND PROJECTS: Consider approving the proposed projects to be funded from the 1993 Water and Sewer Bond issue. City Manager recommends approval. j F. CONTRACT WITH THE PALM BEACH COUNTY PROPERTY APPRAISER' S OFFICE: Approve an agreement with the Palm Beach County Property Appraiser's Office for the collection of non ad valorem taxes. City Manager and City Attorney recommend approval. if G. PARKING AGREEMENT/LINTON CENTER: Consider a parking agreement with Linton Center Partners in conjunction with the Fourth of July celebration. Ci ty Manager and City Attorney recommend approval. JH. STAY OF ENFORCEMENT PROVISIONS/NEWSRACK ORDINANCE: Extend the enforcement abatement date associated with the newsrack ordinance until June 30, 1993. City Manager and City Attorney recommend approval. J I . SANITARY SEWER REHABILITATION AWARD AND CHANGE ORDER NO.1: Award the bid for the Sanitary Sewer Rehabilitation Project for Lift Station Basins 08, 18 and 32 in the amount of $448 I 870 to Ric-Man International and consider a change order in the amount of $45,719.99 which also extends the contract completion date by 15 days to add general requirements, traffic maintenance, field -4- " City Commission Regular Meeting 5/25/93 engineering and T.V. record inspection mark-ups to the contract and to line three manholes along Andrews Avenue; with funding from Water and Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84) . City Manager recommends approval. vlJ. SERVICE AUTHORIZATION NO. 5/HELLER. WEAVER AND CATO: Consider a service authorization in the amount of $25,650 to the contract with Heller, Weaver and Cato for surveying services within the S.W. 10th Street right-of-way corridor between Congress Avenue and S. W. 10th Avenue; with funding from General Construction Fund - S.W. 10th Street (Account No. 334-3162-541-61.90). City Manager recommends approval. ~K. CHANGE ORDER NO. 2/MEREDITH CORPORATION: Consider a change order in the amount of $28,156 which also extends the contract completion date by 159 days for miscellaneous changes in the Wellfield Rehabilitation, Abandonment, Flowmeter and Monitor Well Installation project; with funding from 1991 Water and Sewer Revenue Bond - Well Monitoring/Rehabilitation - Buildings (Account No. 447-5171-536-60.31). City Manager recommends approval. ~L. ~HANGE ORQ~R NO. ,/DE~~ CQNT~~II~~, INQ, Consider a change order in the amount of $3,001.13 which also extends the contract completion date by 24 days for miscellaneous structural and paint modifications to the Elevated Water Storage Tank Rehabilitation project; and, which modifies the contract to achieve amicable project completion; with funding from Water and Sewer Renewal and Replacement - Rehabilitation 1/2 Million Gallon Elevated Tank (Account No. 442-5178-536-61.79). City Manager recommends approval. vi M. SERVICE AUTHORIZATION NO. 16C/POST. BUCKLEY. SCHUH AND JERNIGAN: Consider a service authorization in the amount not to exceed $9,079.70 for inspection services in conjunction with the Elevated Water Storage Tank Rehabilitation projectj with funding from Water and Sewer Renewal and Replacement - Rehabilitation 1/2 Million Gallon Elevated Tank (Account No. 442-5178-536-61.79) . City Manager recommends approval. N. SETTLEMENT OFFER/HESSERT: Accept an offer in the amount of $22,500 to settle Hessert v. City of Delray Beach. City Attorney and Risk Manager recommend approval. O. 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. 10. Public Hearings: -5- '. . City Commission Regular Meeting 5/25/93 fA. ORDINANCE NO. 38-93: An ordinance amending 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 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; and, to retroactively provide increases to certain beneficiaries. 11.vlcomments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ~. City Manager's response to prior public comments and inquiries. ~. From the Public. 12. First Readings: A.ORDINANCE NO. 39-93: An ordinance placing and rezoning property currently zoned POC (Planned Office Center) zone district in RM (Medium Density Residential) zone district I said land being located generally to the west and south of Lake Ida Plaza (southwest corner of Lake Ida Road and Congress Avenue). Planning and Zoning Board recommends approval. If passed public hearing June 8, 1993. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -6- " . . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - MAY 25. 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS PORTION OF THE AGENDA IS AMENDED TO INCLUDE: ~llC. Presentation of All-America City Award by Citizens for Delray Beach All-America City Committee. '. . " , 1993 PATHFINDER AWARDS ~~ -...----.. ~ , I T he Pathfinder High School Scholarship Sponsored by Palm Beach Newspapers. Inc,. pub- Awards are presented each year to those lisher of The Palm Beach Post. Palm Beach Daily high school seniors in Palm Beach and News. Palm Beach Life magazine and the Florida Martin counties who have demonstrated Pennysaver, the Pathfinder Awards program is one outstanding achievement in 18 academic, voca- of the largest and most comprehensive high tional and athletic categories, In addition to recog- school scholarship programs in the state, It is also nizing excellence, the awards are presented to one of the most equitable and democratic, extend- encourage these students to one day bring their mg eligibility to all public and private high schools considerable talents back to the communities In the two county area, where each received a start on the path to a good The astrolabe was chosen as the symbol of education and a rewarding career. the Pathfinder High School Scholarship Awards Last year, a total of $55,350 in scholarships was Program and as the symbol of the Pathfinder tro- awarded to 72 of the best and brightest high school phies. This ancient nautical device was used to seniors in Palm Beach and Martin counties. On thIS help sailors navigate by the stars, just as the tenth anniversary, the scholarship awards will knowledge gained from a good education will help increase to $76,500 annually. College scholarships our nominees chart the courses for their own lives, of $2,000 for the first place winner, $1,000 for sec- We are confident that, in doing so, each of these ond place, $750 for third place and $500 for fourth talented students will provide leadership and place in each category will be presented tonight. direction for others in the future. The Palm Beach Post gratefully acknowledges the following organizations for their contributions to the 1993 Pathfinder Scholarship Fund. Florida Power & Light Virginia Slims Tennis Tournament PGA Seniors Championship Tournament Ringling Bros. and Barnum & Bailey Circus Walt Disney's World on Ice ,--..,.----.- _~____~______l_ A -- ._---~---~_._-- 2 '. ---- CERTIFICATE _.._-~ OF M ETFlOf'1ClL I T AN DADE ceil! N TY F Lcm IDA WHEREAS: Dade County, Florida, experienced serious and extensive damage from Hurricane Andrew on August 24, 1992, and WHEREAS: The De1ray Beach Parks and Recreation Department was among the volunteer groups who freely gave of its time and immediately sent assistance in the form of manpower and equipment, and WHEREAS: Delray Beach Parks and Recreation Department generously provided outstanding employees wi th a variety of skills, and WHEREAS: These individuals worked tirelessly in the most difficult circumstances, making personal sacrifices in answering the needs of their neighbors in Dade County; NOW, THEREFORE: BE IT RESOLVED THAT I, STEPHEN P. CLARK, MAYOR OF METROPOLITAN DADE COUNTY, FLORIDA, do hereby commend 1!\elrap jieacb ~arks anti l\ecreation 1!\epartment for its generous and invaluable assistance in rendering humanitarian aid to the citizens of Dade County in the aftermath of Hurricane Andrew, and for this benevolence we will be forever grateful. ',,- \ q,~f.:;..CZ~ "- , ' , c, ~~ <i.t, '" ~ (', 01.::-,: ':-::<:, MAYOR 1 .., '1~~ February 24, 1993 '18 '. . - . 4/16/93 To: Joe Safford. GOQd work! E Alison, Mr. Harden requested that Alison Harty. For Agenda (future) we do not put this on the Agenda ~ancy King. Do Press Release __u__.... .,n________ until we receive the plaque. , _____ _ m _.__ ___n_. _n_____ _::.-==-----~~--::-:-=> (sk for DTH). GOVERNMENT FINANCE ~\L OFFICERS ASSOCIATION 180 North Michigan Avenue. Suite 800, Chicago. Illinois 60601 312/977-9700. Fax: 312/977-4806 """E April 12, 1993 ,'-i ~CEiVEO APR 1 6 i99J Mr. David T. Harden CITY MA NA(;PR'S OF City Manager ' FleE City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Harden: I am pleased to notify you that the City of Delray Beach has received the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) . This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. Your government's plaque will be shipped under separate cover to Mr. Joe Safford, who originally submitted the budget for consideration. We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's budget awards program. Through your example, we hope that other governments will be encouraged to achieve excellence in budgeting. Sincerely, ~~ Jeffrey L. Esser Executive Director JLE/af Enclosure WASHINGTm~ OFFICE ---~'---'--~ 1750 K Street, N,W, SUite 200, Washington, DC 200m3 202/429-2750. Fax 202/42g~2755 '. '. . ;a ---_._~-_.,~ ----.- _.m.___ __ ---_.-~-- ----., - ----- ---.- _.-- .-.----. -_._--- -=-~~ =====.~ GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue. Suite 800. Chicago, Illinois 60601 312/977.9700. Fax: 312/977.4806 April 12, 1993 PRE S S R E LEA S E For Further Information Contact RELEASE IMMEDIATELY Dennis Strachota (312) 977-9700 *****************************************************~*********** CHICAGO--The Government Finance Officers Association of the United States and Canada '(GFOA) is pleased to announce that the City of Delray Beach, Florida has received GFOA'S Distinguished Budget Presentation Award for its budget. This award is the highest form of recognition in governmental budgeting. Its attainment represents a significant accomplishment by the management and elected officials of the City of Delray Beach, Florida. To receive the award, governments submit their budget document for review by a panel of independent budget experts. Using extensive criteria, the reviewers evaluate the effectiveness of the budget as: 0 A policy document 0 A financial plan 0 An operations guide 0 A communication device Award-winning documents must be rated 'proficient' in all four categories. Since 1984, over 500 governmental entities have received the Distinguished Budget Presentation Award nationwide. Winning entries represented truly pioneering efforts to improve the quality of budgeting and provide excellent examples for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving 9,500 government finance professionals throughout North America. Over 11,000 governments participate actively in the association's activities. The association produces a variety of technical publications in various fields of governmental finance, and represents the public finance community in Washington, D.C. The association provides numerous training opportunities, and conducts an annual conferenc< attended by over 3,000 public finance professionals. WASHINGTON OFFICE 1750 K Street, N,W., Suite 200, Washington. DC, 20006 202/429-2750. Fax 202/429-2755 .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM i ~ A - MEETING OF MAY 25. 1993 ACCEPTANCE OF EASEMENT DEED/DELRAY COMMUNITY HOSPITAL DATE: Ma y 2 1, 1993 This item is before you to accept an easement deed from National Medical Enterprises, Inc. (Delray Community Hospital) in conjunction with the installation of a water interconnect between the City's water system and the Palm Beach County Water Distribution System. The easement deed has been properly prepared and reviewed by the City Attorney's Office. Recommend acceptance of an easement deed from National Medical Enterprises, Inc. (Delray Community Hospital). ., i\ . ~, (.." ~P'-, [IT' DF DELIAY BEA[H CITY AtTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wr~~_r'. D~r_c~ L~n_ (407) 243-7090 MEMORANDUM RECEIVED Date: May 12, 1993 AlAY 1 2 1993 CITy MAN To: Ci ty Commission - AGEP'S OfFICE From: David N. To1ces, Assistant City Attorn~ Subject: Delray Community Hospital Easement Deed Palm Beach County/City of De1ray Beach Emergency Interconnect The attached Easement Deed is provided by National Medical Enterprises, Inc. to the City of De1ray Beach for the purpose of the installation of a water interconnect main between the City of Delray Beach water system and the Palm Beach County Water Distribution System. The City, in return for the easement, is to pay National Medical Enterprises, Inc. $10.00. Acceptance of the Easement Deed is recommended. If you have any questions, please call. DNT:sh Attachment cc: David Harden, City Manager William Greenwood, Director of Environmental Services Cheryl Leverett, Executive Assistant dch-l.dnt .. ... . . - EASEMENT DEED THIS INDENTURE, made this Ii! day of }H tVC--h. , 1993, by and between NATIONAL MEDICAL ENTERPRISES, INC., a Nevada corporation, party of the first part, and the CITY OF DELRAY BEACH, a Florida municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That th~ party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of installation of a water interconnect main between the City of Delray Beach Water System and the Palm Beach County Water Distribution System with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such facility under, across, through and upon, over, under or within the following described .- property located in Palm Beach County, Florida, to-wit; DESCRIPTION (See attached description) Concomitant and coextensive with this right is the further right to 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 Pl also agree to erect no building or effect any other kind of construction or improvements up n the above-described property. IN VlITNESS WHEREOF, the party to this Easement Deed sets his hand and seal the day and year first above written. WITNESSES: NATIONAL MEDICAL ENTERPRISES, INC. ce.~ d~~ JC.f'..N A. ~ I-J€?A-~~ (name printed or typed) STATE OF FLORIDA COUNTY OF {.Ii//S~t-t~l1a h 1Drt. The foregoing instrument was acknowledged before me this day of (V1-ftlZ. e-#- , 1993, by M. E. McKay, who is personally known to me and who did take an oath. blic In a d r the State of Florida mmission Ex~res: NOTARY PUBLIC,51A 0' nORlOA At LAlGI MY COMMISSION EXPIRES JUNE 22, 1995 '~ eOHDED THRU AGENT'S NOTARY DROKlRAGI THIS DOCUMENT PREPARED BY: Mil.... B. McKay, Boq, 2701 Rocky Point Drive Suit< 700 TIlIlJlI, FL 33607 ___.,_..._._d______. '. - ) rrd~'-:--- .. , ~--&7W '-, / 'I ~n' / c, / >- :.. / ~ . / g: I, -- ,--" --- - - - 'l:; I ~ ...,- -- -- ~ ::;; I "" J 1 I ~ t'o I ~ _ I ~ ; I ~ 2:. I I: '4 I ~ -. " I ~ ~ .. I -L) c.. ,. n '" ,.. ~ 1lI -:;1 _,_ -- --.... I " jjjJ'~:g"'f:T;ll ----- - ~ - - - "I f-.',.~ ''tI VI"'. e~ ... \ "-. Q ft ..... to ., to-( " t ~~O ~ .~ '- I I ~ . ~ ~ t . i ~ n ' ,I . b:r N~~"'~~~ ' ~ :Jicrlt'QnH I", I )"<0 t::) ~t'<~~~~~ I' ~ ~~~~I.~ '- ~ c. ~ ~ ... ,I . "'Il '^ ~'< ~~ aOD' I- - ." 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fflV{ SUBJECT: AGENDA ITEM # ~~ - MEETING OF MAY 25. 1993 GRANTING OF TEMPORARY CONSTRUCTION EASEMENTS DATE: May 21, 1993 This item is before you to grant temporary construction easements to Palm Beach County in conjunction with roadway construction on Lake Ida Road. The easement covers Parcels 11-A and 12-A which are located on property which was recently acquired by the City in conjunction with the S.D. Spady project. Recommend granting temporary construction easements to Palm Beach County, for Parcels 11-A and 12-A, in conjunction with roadway construction on Lake Ida Road. '. ~ .--.. 4""-:V' '(, ~O/IJl~ [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIt\lILE 407/278-4755 W~~~_r'_ D~~_c~ L~n_ (407) 243-7090 MEMORANDUM Date: May 10, 1993 To: city Commission From: David N. Tolces, Assistant City Attorne~ Subject: Temporary Construction Easements Lake Ida Road Reconstruction Attached for your approval are two temporary construction easements required by Palm Beach County for the roadway construction of Lake Ida Road. The easement will expire upon acceptance of the construction by the Board of County Commissioners. The easements for Parcels 11-A and 12-A are located on the Spady property which the City recently acquired. If you have any questions regarding this matter, please call. DNT:sh Attachment cc: David Harden, City Manager Dan Beatty, Civil Engineer Cheryl Leverett, Executive Assistant " "j... L\!....M HEA':d COUNTY , Return to: fJW ACQUISITION SECTION Hame: P,O.BOX 21229 Address: WEST PALM BEACH FL 33416 I~i qj This Instr.....nt Prepared by: Name: Maureen E. Cull en, Ass i stant County Attorney pa lm Beach County Address: P.O. Box 21229 lIest Palm Beach, FL 33416 SPACE ABOVE THIS LINE FOR PROCESSING OATA SPACE ABOVE THIS LINE FOR PROCESSING DATA (Corporation) PROJECT NO: 90502 ROAD: LAKE IDA ROAD i PARCEL NO: llA TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this _day of , 19_, between CITY OF DElAAY BEACH 100 NIl 1ST AVE.. DElRAY BEACH, fl 33444 As the part_of the first part, and PALM BEACH caJIlTl, a political sub::J;v;sion of the State of Florida, as the party of the 5econd part. IIITNESSETH: That the part_ of the first part, for and in consideratlon of the sum of ONE ($1.00) dollar and other valuable considerations, receipt whereof is hereby acknowledge, hereby grant(s) unto the party of the second part, its successors and 8ssigns, a TEMPORARY CONSTRUCT I ON easement. over, upon, under, through and across the following described land, situate in Palm Beach County. Florida, to'wit: Property more particularly described in Exhibit UAll attached hereto 3r\d made a part hereof. THIS EASEMENT will expire upon the acceptance of construction by the Palm Seach County Board of County COITI1lissjoners. It is understood and agreed by the undersigned 8nd the Permittee that this portion where sLoping and grading work is necessary w\ll be returned to as near as is practically possible the same condition as before. TO HAVE AND TO HOLD THE SAME unto the party of the second part, ltS :iUCCeSSOfS and assign., forever. IN IJ(TNESS WHE.REOf, the said part_ ha_hereto set_ !",,<1r,d(S) ;,'l'J 5.(:al;:,::>) the day and year first abo.....e wr\tten. (CORPORATE SEAL l Signed, seated and del 'ye-red in the PJescncc of: ----- _u [I Ty OF DELRAY BEACH c-~ure of two witncsses r.cquircd;by Florida law) .,P(,Q or printed name of Corparatikan s. ' -~-- \.4; tness i 15 PRES 1 DENT Typed or printed name of witness --.- ---~--;-~':-0d CI'" pl'"'nted name of presldent -~----- ~-_.. Ma it i ng address \.Ii tness AT 7ES.: Typed or printed name of witness I T5 SECRETARY STATE OF Typed or printed name of secretary COUNTY OF BEFORE ME, the undersigned author; ty, personal I y appeared who is/are personally known to me or who has/have produced as identification find who did/did not take an oath, executed the foregoing lnStrt.l'Met"t as such Otficer(s) on behalf of the sald Corporatlon for the uses and purposes therein expressed. WITNESS my hand and official seal thls_doy of ___,19 (NOTARIAL SEAL) Signed: Notar'( ;>...,=,'.c ir. and for the County and State aforementioned 259. LGL TCE Typed or printed name of Notary Publ ic Rev, 2193 My COfTlT\isslon expiroes: " . EXHIBIT "A" i:i:LIA8LE REPROGRAPHICS 322787 .,.,....---.., DESCRIPTION: PARCEL NO. 11-A (CONSTRUCTION RESTORATION EASEMENT) A PARCEL OF LAND LYING WITHIN LOT 19, SUBDIVISION OF SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN' PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 81 THENCE NORTH 01"15'06" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 334.17 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF LAKE IDA ROAD 1 THENCE, SOUTH 89"08'14" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 168.51 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE EAST HALF OF SAID LOT 19, SAID POINT BEING THE POINT OF BEGINNING, THENCE CONTINUE SOUTH 89'08'14" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 168.51 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE EAST HALF OF SAID LOT 191 THENCE SOUTH 01"16'24" EAST ALONG SAID WEST LINE,- A DISTANCE OF 20.00 FEET, THENCE NORTH 89"08'14" EAST, A DISTANCE OF 45.16 FEETI THENCE NORTH 00"51'46" WEST, A DISTANCE OF 7.00 FEET~ THENCE NORTH 89"08'14" EAST, A DISTANCE OF 120.00 FEETI THENCE NORTH 00"51'46" WEST, A DISTANCE OF 9.00 FEET ~ THENCE NORTH 89"08 '14" EAST, A DISTANCE OF 3.23 FEET TO A POINT ON THE AFORESAID EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE EAST HALF OF SAID LOT 191 THENCE NORTH 01"15'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2477 SQUARE FEET OF LAND, MORE OR LESS. SUBJECT 'lO EASEMENTS, RESERVATIONS, AND RESTRICTIONS OF RECORD. BEARINGS BASED ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, HAVING A BEARING OF NORTH 01"15'06" WEST. REFERENCE INFORMATION TAKEN FROM THE RIGHT-OF-WAY ACQUIS:tT:tON HAP FOR LAD IDA ROAD - CONGRESS AVENUE TO SWINTON AVE~ (PALM BEACH COUNTY PROJECT NO. 90502). . , ; ... i i ""'~ PARCEL NO. 11-A PALM: UAal OOUNTT ~ " .. Lake Ida Road ~-~~.~ ,-- : . . _ .... ENGINEERING SERVICES \9 Canst. Rest. Esm't. 0 ot In-ong..... S-I- 91- 401 2 P.o.~ s.m,1rBST PALM: J&A.CB. PL " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~~ - MEETING OF MAY 25. 1993 HOLD HARMLESS AGREEMENT DATE: Ma y 2 1, 1993 This item is before you to approve a hold harmless agreement with Ghassan and Olga Kashou for the installation of landscape improvements within the City's utility easement adjacent to Bi-Lo Grocery on West Atlantic Avenue. The Kashous wish to install landscape improvements in the City's easement. This agreement would hold the City harmless for any damage caused to the landscaping within the easement as a result of maintenance of the utilities. The City Attorney's office recommends approval. Recommend approval of the hold harmless agreement with Ghassan and Olga Kashou for the installation of landscape improvements within the City's utility easement adjacent to Bi-Lo Grocery on West Atlantic Avenue. '. 1. '_E TEL No. 407 278 4755 r"ja I:J 2CI,93 ::; : <; q F' . CI2 - [ITY DF DELRRY HEREM CITY ATTORNEY'S OFFICE 211(J NW I~\ AV'U'I.'t . LlLLlZAY BEACI!, HfJ!ULl:\ -'3-; 1'1 FACSIMILE 4(J1!:78..l7,,;," W~~~.~'. c~r.o~ L~~_ (407) 243-7090 MEMORANDUM Date: May 19, 1993 To: City commission From: David N. Tolces, Assistant City Attorn~ Subject: Hold Harmless Agreement Between Ghassan and Olga Kashou and Ci~ of Delray Be"~~_ll__________ ___________ ,!'h i s Hold Harmless Agreement is be f ore you for approval. The Kashous are the owners of the Bi-Lo Grocery on West Atlantic Avenue. They wish to install landscaping improvements within the City's utility easement. Pursuant to the agreement, the Kashous will hold the City harmless for any damage caused to the landscaping within the easement resulting from the maintenance of the utilities. Approval of this agreement is recomme~? If you have any questions, please call. DNT: sh Attachment cc: David Harden, City Manager Dan Beatty, Civil Engineer Cheryl Leverett, Executive Assistant kaehr.;l\ll.dnt .. , , HOLD HARMLESS AGREEMENT This Hold Harmless Agreement, is entered into this - day of S_ IY_ 97 , 1993 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "City") and GHASSAN KASHOU AND OLGA KASHOU, (hereinafter referred to ,as "Kashou") . WIT N E SSE T H: Whereas, Kashou owns property located at 926 West Atlantic Avenue, Delray Beach, Florida, and has requested the City to allow for the installation of landscaped improvements, as well as the placement of a trash dumpster within the existing utility easement more particularly described in Exhibit "A"; and WHE~, Kashou agrees to hold the City of Delray Beach -- harmless for any damage which might be caused to the land- scaping as a result of maintenance within the sixteen foot (16') utility easement. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Kashou is the owner of property known as: Lots 3, 5, 6 ~nd 16 and the vacated alley north of .and adjacent to said Lot 16, Block 1, BELAIR HEIGHTS, a subdivision as recorded in Plat Book 20, Page 45, in the Public Records of Palm Beach County, Florida, less the North 20.00 feet of said Lots 3, 5 and 6 and '. . . . the external arc area formed by the 25.00 foot radius at the Northeast corner of said Lot 6. 3. That Kashou is developing the property to include a new Laundromat with landscaping required pursuant to the City of Delray Beach Land Development Regulations. 4. That the City maintains an existing sixteen foot ( 16' ) easement in which the City maintains two inch (2") water main and a six inch (6") sewer service line. 5. Kashou acknowledges that the City shall assume no responsibility for the structures, improvements, materials, appurtenances or furniture which are being placed within the easement. 6. Kashou agrees to defend, indemnify, and hold harmless the City, its agents, officers, employees and servants from any and all cl4.tms, suits, causes of action or any claim whatsoever -- made, and damages, which may result from maintenance of the existing utilities within the sixteen foot ( 16' ) easement. Kashou further agrees to hold the City, its agents, officers, employees and servants harmless for any damage to the land- scaping and the dumpster which will be placed within the sixteen foot (16' ) easement. It is understood that any cost ~or replacement of landscaping or repairs to the dumpster slab or perimeter wall shall be the responsibility of Kashou, and the City of Delray Beach will not be held liable for any damage as a part of the maintenance or construction within the said easement. 2 " IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. CITY OF DELRAY BEACH, FLORIDA By: ATTEST: Thomas Lynch, Mayor City Clerk Approved as to Form: City Attorney << , . san Kashou ~~~~ Olga ashou STATE OF FLORIDA COUNTY OF PALM BEACH .~------- ---- The foregoing instrument was acknowledged before me this /f/fJ day of /14Y , 199Jf, by Ghassan Kashou and Olga Kashou. They are personally known to me/c1( tiaY'e pro~ced ~ iden~ication and did (g(d~) take an oath~ . _. ~ ~ ~A4-V--- Signature of Not PubliC/- State of Florida S{/SA# /(' A Y' /"1?J~6 .4At Print, Type or Stamp Name of Notary Public O...?AH/5'.S"/,:.,r/ /vc::.=', t4,47S~';:'/z... t.Jnti'rv P','-l:_ .:'.~;1t" ....f rhri", "~y COI.lr.1i~; " , '.'" .,', ;',; ;,~ I:,u\....a...~ ...-~'..- t-.'':''::-,:\i~0 ,"So J.'.:_.:C",':;i 3 '. .' .' THIS INDENTURE. "made this 16th day of April. 1984. by and bet~een BRUCE H~RR~~~ & DANIE~~E RARREL~. his wife . parties of the first part. and the CITY OF DELRAY BEACH. a Florida municipal corporation in Palm Beach County, State .of Florida. party'of the second part; \ WITNESSETH: That the parties of the first part. for and in consideration of the sum of Ten ($10.00) Dollars and other good and, valuable considerations to it in hand paid by said party of the second part. the reciept of which is hereby ack- nowledged. does hereby grant. barg<jtl}J sel1Jlnd lcleaii~ un t;P.,;fhe parlJ of, the seconsI ~ part. its successors and assigns/;-a^'i'ig1tt or'\$~ '17Lcf'petlletJ'aJ.l..llaS'~enf.Nfb~'tiie 6.X. ~ purpose of; PUBLIC ACCESS & PUBLIC UTILITIES with full and free right. liberty. and authority to enter upon and to install. operate. and maintain such PUBLIC ACCESS and PUBLIC UTILITIES under. across. through and upon. over. under or within the following described property located in Palm Beach County, Florida. to-wit; 16.00 Ft. alley running 137.22 feet more of less. Wenterly from S.W. 9th Av~nue and lying adjacent to and Northerly of Lot 16, Block 1. Belair Heights, a sub- division 'as recorded in Plat Book 20. Page 45 in th~ Public Records of Palm eeach . County. Florida. and containing 2195.5 Square feet (0.05 Acres) more or less. EASEMENT Concomitant and coextensive with this right is ;he furthe~ 'right ,in p the party of the second part, its successors and aSSigns/;~ in"'/e~S"1:'g~~r~~lHtvet'lU.JC' J;' and on that portion of land described above. to effect tae purposes of the easement.~~)(:. ,That this easement shall be subject only to those easements. restrictions. ~ ~nd reservations of, record. That the parties of the first part agree to provide for the release of any ~nd all mortgages or liens encumbering .his easement. nl~ parties of the first p3rt also agree to erect no building or effect any,other kind of con- struction or improvements upon the above-described property except a covering over the bare ground suitible for vehicular travel thnt is acceptable to ,the party of the second part. . . Parties of the'first part do hereby fully warran~ the title to said land and will defend the same against the lawful claims of all perspns whomsoever claimed by, tbrough 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 tbis Easement Deed allows or permits. the same shall include the successors or assigns of tbe parties. IN WITN~EREOF, the, parti,es to this Easement Deed set their han.ds and seals the day and year first above written. WITNESSES: PARTIES OF THE FIRST PART ~~ ~~ ~ STATE OF FLORIDA COUNTY OF PALM BEACH I HEREay CERTIFY that on this day. before me, an officer authorized in the ,State and County aforesaid to take achllowledgements, personally appeared BRUCE HARRELL &'DANIELLE HARRELL, his wife . well known to me, an~ they acknowledged executing the same. ,lHTNESS lilY hand and official sp.al in toe County and State last aforl~- said this ~th day of Ap'Cil . l<1y . , . ~ - ary Pul>lic. ~ 0 Florida.:c Large '" Ii, \ ,( " Ny Commissi<;>r. Expires: I,' \. I . . " , ,: I \ ~!OTAkY ru~u-: ~.;.H OF FlmlDA All LARGE MY CO:',MISS'C~1 El.PIt.!S JULY ~o 1984 , ,I'" tOi':Om lHRU GENiV,L IN'). U~P'E&W&JIEr.; , ,I I' . - -. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 19fv1 SUBJECT: AGENDA ITEM # <bD - MEETING OF MAY 25. 1993 AGREEMENT FOR THE SALE OF POLICE CANINE DATE: Ma y 2 1, 1993 This item is before you to approve the contract and hold harmless agreement for the sale of Police Canine King to Officer Aronowitz. The Police Department has done an evaluation of the K-9 Program and has determined that two dogs are sufficient to meet the City's needs. As such, Canine King is being retired. Officer Aronowitz has offered to purchase him from the City. The purchase price for Canine King is $1,633.33. The contract protects the City from all liability and places all responsibility on the new owner. In addition to the contract the City had requested that the purchaser acquire a liability policy in the amount of $100,000 which named the City as additional insured. Chief Overman feels that the officer's $1 million homeowner insurance policy is adequate. Recommend approval of the contract and hold harmless agreement for the sale of Police Canine King in the amount of $1,633.33. '. . 5!J- ~ (~y~; -(,_ [IT' DF DElRA' BEA[H CITY ATTORNEY'S OFfiCE .1IHlW^"'\I"III ',\'\'11111"'.1"11.'1, HI,\('II,tl""lI'\ \\1'1 'j "ii-I'tllll !i.'IiII/n3 1K2" h\('~;Ir,lll E ,Iii ii,' 1.\ I', POLICE LEGAL ADVISOR MEMORANDUM TO: City Commissioners FROM: Eric D. Hightower, Police Legal Advisor DATE a May 12, 1993 SUBJECT: K-9 Sale and Hold Harmless Agreement ======================================================================== Attached for your consideration is a copy of the contract foJ.'- sale and hold harmless agreement involving canine "King." Officer Aronowitz is prepared to execute the agreement and the Chief of Police approves of the agreement as well. The Delray Beach Police Department has done an evaluation of the K-9 program and has determined two dogs to be sufficient to meet the City's needs. Additionally, the Department has determined $1,633.33 to be a fair price for the purchase of "King." The contract for the canine places all responsibility on the new owner, Officer Aronowitz. Additionally, in any action to enforce the provisions of the agreement, the prevailing party will be entitled to reasonable attorney's fees. The Risk Manager and the City Attorney's Office feel that Officer Aronowitz should take a liability policy for $100,000 with the City added as an insured in case of possible lawsuits. The Chief of Police has reviewed these recommendations and feels that Officer Aronowitz's $1 million homeowner insurance policy is adequate protection. Additionally, Officer Aronowitz's insurance company, State Farm, feels the hold harmless agreement adequately protects the City from any possible liability. EDH/lrd ~~ ' cc: David Harden, City Manager Susan Ruby, City Attorney " . K-9 SALB AND BOLD BARMLBSS AGREBMBNT WHEREAS, the City of Delray Beach, Florida, through its Police Department is desirous of retiring and selling an animal currently being utilized in the City's K-9 program, said animal being identified as follows: "King" German shepherd (hereinafter referred to as "Canine"); J and, WHEREAS, Eric S. Aronowitz, a current employee, either currently or previously assigned to the Delray Beach Police Department K-9 unit (hereinafter referred to as "OWner") is desirous of purchasing, keeping, training, and assuming full responsibility for the Canine as a pet at his place of residence or other appropriate kennel facility. . ,...,.NOW, THEREFORE, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1- The City of Delray Beach, Florida does hereby sellon an "as ~- is" condition for One Thousand Six Hundred Thirty Three and 33/100 D01lars ($1,633.33) and other good and valuable consideration said Canine described above to OWner. 2. The OWner shall henceforth be Bolely and completely responsible for said Canine, including but not limited to, providing for the care and maintenance (including all regular and extraordinary veterinary expenses) for the remainder of the Canine's life. 3. The Owner shall inform the City as to any change of residence address that OWner makes. 4. The OWner shall defend, indemnify and hold harmless the City, its agents, officers, officials and employees from any and all claims, suit, causes of action or any claim whatsoever made arising from '. . property damage and/or personal, bodily or mental injury to a human or animal caused or allegedly caused by the actions of said Canine as a result of or following the date of this Agreement. 5. In any action brought to enforce any provision of this Agreement, the prevailing party shall be entitled to the relief sought J plus all costs incurred and reasonable attorneys fees. . 6. The OWner, by signing below, affirms that he has read and understands this Agreement and that he has been given the opportunity to have the attorney of his choice review this Agreement. THIS AGREEMENT made and entered into on this day ot - , 1993. City'"af Delray Beach, Florida By: Mayor Eric S. Aronowitz, OWner ATTEST: ..- City Clerk Witness Approved as to form: City Attorney 2 '. . ... MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ttr1 SUBJECT: AGENDA ITEM # gG. - MEETING OF MAY 25. 1993 RENEWAL OF CONSORTIUM AGREEMENT/HOME PROGRAM DATE: Ma y 2 1, 1993 In March 1992, the Commission approved an agreement with Palm Beach County which created a consortium for the purpose of receiving federal funds under the Home Investment Partnership Program. The HOME program provides funding to acquire existing substandard single family units and make them available to low and moderate income residents; provides loans to investor-owners to upgrade the living conditions of their very-low and low-income tenants; and provides funding for the City to administer a "First Time Homebuyer's" program through public-private partnership. The City received $114,000 from this program for fiscal year 1993/94. In order to continue to be eligible for funding for Fiscal Years 1994 through 1996, the City must enter into a new agreement with Palm Beach County. Recommend approval of the renewal of the consortium agreement with Palm Beach County for the purpose of receiving federal funds under the Home Investment Partnership Program for Fiscal Years 1994 through 1996. ,. . . Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: MAY 18, 1993 X Regular Agenda Special Agenda Workshop Agenda MAY 25, 1993 Consent Agenda When: Description of item (who, what, where, how much) : INTERLOCAL AGREE- MENT BETWEEN THE CITY OF DELRAY BEACH AND PALM BEACH COUNTY TO FORM A CONSORTIUM FOR JOINT FUNDING UNDER THE FEDERAL HOME INVESTMENT PARTNERSHIP PROGRAM. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: STAFF RECOMMENDS APPROVAL. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~.. 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: Approved for agenda:~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. . , , , . M E M 0 RAN DUM TO: David Harden, City Manager FROM: Dorothy Ellington, Community Development Coordinator THRU: Lula Butler, Community Improvement Director ~ DATE: May 18, 1993 SUBJECT: Approval of Interlocal Agreement With Palm Beach County for Joint Funding Under the Federal HOME Program ITEM BEFORE THE COMMISSION Consideration of approval of an Interlocal Agreement between the City and Palm Beach County to requalify as a Consortium for the purpose of receiving federal funds for administering the Home Investment Partnership Program. BACKGROUND In March, 1992, the City and Palm Beach County formed a consortium pursuant to federal regulations in order for the City to participate in the HOME Investment Partnership Program. This action resulted in the City being allocated $114,000 in HOME funds to be used for various housing initiatives for fiscal year 1993-94. On May 4, 1993, the City received notification of the need to requalify for this program. We have notified Palm Beach County of our intent to participate and are therefore required to obtain Commission Approval for such continued participation. The new agreement will be effective for fiscal years 1994 through 1996. Attached is a copy of the proposed Interlocal Agreement as well as correspondence from both the U. S. Department of Housing and Urban Development and Palm Beach County Department of Housing and Community Development. All qualifying documents are to be submitted to HUD by June 30, 1993, including State Certification that "the consortium will direct its activities to the alleviation of housing problems". Once the Commission approves the Interlocal Agreement we will begin the procedures to obtain State Certification. RECOMMENDATION It is recommended that the proposed agreement be approved for execution between the City of Delray Beach and Palm Beach County for fiscal years 1994 through 1996 in order that a Consortium may be formed to facilitate the delivery of safe, decent affordable housing. Board of County Commissioners County Administrator Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Carol A. Roberts Community Services Department Warren H. Newell Burt Aaronson Housing & Community Development Maude Ford Lee April 29, 1993 Lula Butler, Director Community Improvement/Development City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Dear Ms. Butler: Please find attached, a memorandum dated April 14, 1993, from the U.S. Department of Housing and Urban Development (HUD) regarding requalification of the Palm Beach County Consortium under the HOME Investment Partnership (HOME) Program for fiscal years 1994 through 1996. As you are aware, the current consortium agreement for FY 1993 is for one year. This was because the agreement had to coincide with the fiscal years remaining in the County's urban county qualification period. The current consortium agreement remains in effect until the HOME funds for fiscal year 1993 are closed out pursuant to 24 CFR 92.507 of the HOME regulations. Please advise us by May 3, 1993, whether or not the City of Delray Beach wishes to renew th~ consortium agreement for fiscal years 1994 through 1996. Please note the deadline for submission of the agreement and other qualifying documents to HUD is June 30, 1993. Your early response is critical in light of the lengthy period required for approval by both the County and the City Commissions. Please contact me personally or Chauncey Taylor, II, Manager at 233-3617. Sincerely, Remar M. Harvin, Director Housing & Community Development flAY 0 4 93 RMH/DRP/lh cc: Dorothy Ellington, Comm. Dev. Coord., DB Christopher Plummer, Planner II/HOME Coord., HeD ~- - ~, ~"':-~-~~_._.~-:.: . Ref: LTR145 / A6n Equal Opportunity - Affirmative Action Employer" @ printed on recycfed paper 3323 Belvedere Road, Bldg. 501 West Palm Beach, Florida 33406 " G1~ . ~""..&~rQo", U. S. Department of Bou.ing and Urban Development ! .IH}. '\ Jacksonville Office, Region IV \ II I 301 West 8ay street, Suite 2200 ~'D~~~~ Jacksonville, Florida 32202-5121 4.6CMA A P R .L -, j ,~ ~ j , -. v APR 1 8 1119 t MEMORANDUM FOR: HOME Consortia , -, __ _: State of Florida HOME Program __.":. .:~_~_~. _ , I . l~c.1 t-,- FROM: Jim Nichol, -Dlreet6r, Community Planning and Development Division, 4. 6C ~ SUBJECT: HOME Investment Partnership Program Procedures for Designating Consortia Notice CPO 93-14 (copy attached) describes procedures for qualifying as a HOME consortium for program year 1994. To be considered for an allocation of HOME funds for 1994, a proposed consortium must have provided written notification of its intent to participate as a consortium by March 1, 1993. By June 30, 1993, the proposed consortium must then provide the qualification documents, as described in the Notice, to the this Office. A consortium agreement can be amended to add new member units of local government for the remainder of the qualification period by notifying HUD in the fiscal year before the fiscal year for which new members are added. The following HOME Consortia must requalify for the period of Fiscal Year 1993-1996: Escambia County Consortium Palm Beach County Consortium pinellas County Consortium Voluaia County Consortium Please review'the Notice and submit the qualification documents, in the prescribed format, to this Office no later than June 30. 1993. If you have any questions or need additional assistance, please contact Linda Dresdner, HOME Program Coordinator, at (904) 232-1202. Olat. -Z2.Q 3 --"7 Hsg, lJIL J::::... Pig, ~",'-r _C,\. C.5, - = Fis, \ _CAH I . " '" , r.' ). ~ : - F- .. O-.:.~ 1 'f- ,,~ ftl~CEiVED INl'ERLOCI .lI LM~::' 3v rB3 IIOK& INVESTMENT NT TIllS INTE.R1.OCAL AGREEKENT made and efltued into thl" --- dllY of , 1993. by and between tl e CITY OF DEfRAy BroACH, /I Florid. municipal corporation (hereinafter n ff rred to as th/\ "ern", Bnd P6LK BEACH COUNTY, hereinafter referred to ss t he "COUNTY". V I T N E SSE T B: WlIEREAS , the Uni ted States CongreslI t'/11 found that inadequate progten has been made toward the national hous1nf policy go,l to prov1de decent. s.fe, sanitary and afford,qble living environments for all citizens; and WlIEREM , the National Affordablo He ,uBinS Act of 1990, authorized federal funding for jurisdictionll ..hich would "II tllhlish prolrims to increase the nUlllber of families ..rv,d, with decent, safe, Flsnitary and affordable housing. and expand th,. long-term supply of affordable housing in accordance with the HOME (nvestment Partnllrllhips Act; and WIIER'EAS , the HOME Investment PartlU\lsl ips Act author IMlI a t:C'lnsortium of geoauphically contiguous units of I'metal local govl'lrnment for the purpose of becoming a participatll'lg jurisdiction In the HOME Ptogram; and WUEREAS , Section 163.01, Florida Sta t-Jt,1S I Florida Int..rlocBl Cooperation Act of 196~, author1zes municipal1ti<1:t Ind counties to provide sllrvleea and faciliti.a through the use of Coopm'al lve Agreements for the mutual advantage of each governmental entity; and WJIEREAS , it 11 the intent of tIw CITY and COONT\' to \It.U be the powers 4J'Id authority of the Florida [lIt,.rlocal CoopllrAllon Act of 1969 by the execution of thi, Agreement. NOW, mERUO:RB, it is agreed betweilJ, the CIn and COUNTY , 8S follows: ~~. Purposo. This Agrenmllnt is entered Into to 111 low the em and COtJN'l'Y to work together, in II eooperatiVll "Hart, to meet the national houillin, policy of dee,-n1, safe, sa,lUry and affordable houtin, fot the citizens of the Ctr.y of Delray Beach and Page One of Four - .-- -~ . '. r.! H "t" "- 1 -::.. - .~ -~" '1 H U ;. 1. : "5.3 P. C12' ,.., ltQMi INVESTMENT PARTNERSHIP PROGRAM Palm Beach County. Further, thb Agreement Js eJl eered jnto II!! It Il\glllly binding Cooperation A;reelllent so as to form a consortium wllh (II the meaning of the National AffordBble Housing Act of 1990, and so B!l to meet the requirements of the Department of Mousina sl'd IJrban Dovelopllle>nl (KIJD) (or the desiination of the CITY and COUNTY as a c.'n lorHum. Section 2. Ste.tus, The CITY 81\'\ COUNTY hereby form a ConaortiUlll to be known as the Palm Buch COUll"Y HOME Consortium. The Consortium shall be a unit of local government, 1'01 funding purpOSM under the HOME Program. upon designation by KUD. SectiOll 3. Tetll. This Agreement sh(lll be effectlvtl for a period of one (1) year commencing October 1. 199~ - September :Hl. 1996, ,",ubject to the provision. of Section 9 hereof. Section 4. Lead A&ency. The COUNTY shall be the m"mber unit of general locd government authorized tn /lCI as the reprMtlntlltive nf the Palm Buch County HOME Cnnsortium in its dellings with HUll, r or the purpon of the HOME Inve.tlllent Partnership Progr8ll1. Further, t hA COUNTY Rhall be the lead entity, having overall responai~ility to comply with the rRqll i r.ement. of HUn pertaining to the Ilpproval of the Palm Be'IC:h HOME Consortium and fund.in, of tbe Comprehen.ive HOlls l"lg Affordability Rl rlltllgy to b. adopted by the CITY and CO\JN1'Y. Section 5. Cost to 1dminister ProgteD', In reco~! 1I on of the fact that the CITY and COONI't will JC int 1)' adminisLllr the HOfiE Invutment Partnership's Program, fund!! r~ceived from HUD for lldministrativa costs shell b. shared by the CITY and COUNTY IIccord:lng to th. ratio of HOME Program funds allocated ':0 the CITY end COUNTY , rORPGctively. Th. eIT!' and the COtlN'lT sh.ll be reSpOrt!l ! b J" for Slttlsfying, respectively, th. match requirements inl urred by the IImollnt of HOME Program funds allocated. pursuant to Section I, to each. Soctlou 6. Comprohonslv. Dou81q At'fordllbHity Strato;:1. ThA ern and COUNTY each shall bill responsible fOf the preparat ion of II Compnhensive Housing A!fordability Stuteg)' (CHM' for their rel'pl\cttv. locality, which ahall meet the requb:.roenl,s d Bppli~ab " f<\deral rngulations, Page Two of Four I '. t" H '.f' ~ 1 "3, - '~ _"? THU 1 :::. : 0 C1 F-' . C1 := "" HOME INVES1KENl' PARTNERSIIIP PROGRAM SoctiOJ:l. 7. AllocatiOll 01 Fundblg. JI )ME Proium 11110<:11 Lions by HUD shall be cUstributed, in the CITY all' I the COUNTY , n6~"d upon the ratio of Community Devfllopmllnt Block GraI1t funds recelvfl(j hy the CITY.nd COUNTY in eaeh Uscal year, Th, CIT'( and COUNTY ~h" II be responsible for .dminis eerins. respectively, t.lle nOME Progrllm funds distributed to eacb. Section S. Certificatfons. Thll CITY and COUNTY l:l'rtify that each will cooperate with the other to undertake or aid to 1I~~lst in undertaking housing ass istance activities f'~r the HOME lnvostment Pllrtnership's Progum. and that ench will 1l1f,rmativeIy fUTth",r fair housing, FU:l:ther, the cJ.n and COUNTY ~ ill comply with the rlllqu i:tements of the Uniform Relocation ASllistence and Roal Property PoUci.s Act of 1970, as am.nd.d, and the t'llq drementll govllrntns the RlIddential Anti-displacement and Relocllt i"m Plan, pur~lIBllt to Section 104(d) of the Housing and Community Develor~ent Act of )974. Section 9. TerlilinatioD. The on4-,ear dural. ton of thil Agl."8ement notwithstanding, the CI'IT and COUfllT'l' shall not terPllnate thlill Asreement prior to carryins out all .clivltles that will h.. fllnded from the funds awarded, pursuant to the 110MB Investment PHtnnrshtps Program Regulations. Socticm 10. Liability, Subject tel 8;)p1!cable law, the act, and omissions tor employees of the CI'IT and Cf ION'IT I or their 118ents, jn the performance of this Agreement, shall r'lst with thll eI'n Gnd COUNTY, respectively. To the extent pe:rmitt'3d by law, the crn and COUNTY shall indemnify llnd hold the other hUIlI) e1 s from injuT 1M. rl..mage or claI.ll\s arisinl out of the negligence of EorrpJoyees or agent~ of the crIT or coum'Y. ~octioD. -.ll. Employoe Status. Pe'sons employ..rl hy the CI'IT and COUNTY who perform services or fllllC ' ,ions pur~lUan t to this Agreement shall not be deemed to be employees 01 the other gov", rnmental entity. The CI'lY and COUNTY shall :l:Glllain 0111 gated to provldp their respective employees with Worker's CompenutJcn protection, ~1I111ry and pension benefits, Civil Service 0:1: other emploYl'lI',S rightl and privileges. page Three of Four . " r'1 i-1 '1' ~ 1 ~:. - "? ~. THU 1 1 : -::-, "'::, F' _ 4.:1-c..: ~ HOME INVESTKENl' PAR'mERSlIIP PROGRAM SQct;l.oD 12. Noticos. Formal not.; c' B pertain ins to this Agreement shall be hand delivered or sent, by Ilnited States Mall, as follows: City Manager County AdIr1iliatrator City ot Oelray Beach County of PI 1m Beach 100 N. W. 1st Avenue Post Office Box 1989 Deltay Beach, FL 33444 West Palm Brach, FL 33402 Section 13. Counterparts. This Agrrement may be executed in counterparts, eaeh executed counterpart to be celmed an original. IN WITNESS WBEREOI' , the CIn and cout/lY have executl\d thb Agreement the day and year above first written. CIn OF Dt:LJ<AY BEACH, FLORIDA Attest: 8y:__ Mayor '~.~as E. ~ynch City Clerk - Alison MacGregor Harty PAUl BUClI ':OONTY, FLORIDA Attest: B)':___ ,. Chair Board I,f County Commissionen Clerk of the County Court #.pproved as to form and legal sufficiency &rid ,~e :tifying that the terms and provisions of thb Agreement are fully auth"r Lzed by State and .local law, and that the Agreement provides full teed authority for the Consoctium to undertake or assbt housing ass.illtlJ\ce activities for the HOME Investment Partner.hip Act Pro3ram: City Attorney County At~rney Ref: AGRHOME. !Al Page Four of Four ., " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # <(;F - MEETING OF MAY 25. 1993 REOUEST FOR WAIVER OF PERIMETER LANDSCAPE REOUIREMENTS DATE: Ma y 2 1, 1993 This item is before you to approve a request for waiver of Section 4.6.16 (H) (3) (a) and ( d) of the Land Development Regulations to reduce the required perimeter landscape areas from five ( 5) feet to three (3 ) feet for 60 Palm Square. Section 4.6.16 (3 ) (a) and ( d) requires a five foot landscape strip between the parking area and abutting properties and between a parking area and public right-of-way. The applicant is proposing to install a three foot wide landscape strip between the public right-of-way and the parking area, and between the northern parking area and the abutting property. To offset any possible detrimental impact, the applicant also proposes installing hedges at the abutting property line and appropriate landscaping in the swale area adjacent to the right-of-way which will result in a nine foot wide landscaped area. The landscape code will be followed throughout the remainder of the site. A waiver of the requirements will not create an unsafe situation or diminish the provision of public facilities, and does not constitute a special privilege. The Historic Preservation Board at their April 7th meeting recommended approval of the waiver request. A detailed staff report is attached as backup material for this item. Recommend approval of a request for waiver of Section 4.6.16 (H) (3) (a) and (d) of the Land Development Regulations to reduce the required perimeter landscape areas from five (5 ) feet to three (3 ) feet for 60 Palm Square, based upon positive findings with respect to Section 2.4.7 (B) (5) (a -d) . '. '. uK C1/1f.,1 C I T Y COM MIS S ION DOC U MEN TAT ION // TO: ~DAVID T. HARDEN, CITY MANAGER k ) - ,f\ tLiVL THRU: DAviD ~CS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: EY A. COSTELLO ING TECHNICIAN II SUBJECT: MEETING OF MAY 25, 1993 CONSIDERATION OF A WAIVER TO THE PERIMETER LANDSCAPING REQUIREMENTS [SECTIONS 4.6.16(H)(3)(a) & (d)] FOR 60 PALM SQUARE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of grantinq a specific waiver in conjunction with a development request involving a duplex. The development proposal is to construct a 4-space parking lot within the front yard of a property at 60 Palm Square. The subject property is located on the west side of Palm Square, between E. Atlantic Avenue and S.E. 1st Street, within the Marina Historic District. BACKGROUND: This project involves the use of an existing site and building, which will mostly remain in their existing configuration. The proposed parking configuration will be similar to a circular drive with two (2) parking spaces on the north end and two (2) spaces on the south end of the drive (See attached landscape plan). The applicant has requested a waiver from Sections 4.6.16(H)(3)(a) and (d) of the LDRs, ,which deal with perimeter landscape requirements. Section 4.6.16(H)(3)(d) states that a 5' landscaped buffer must be provided between the parking area and abutting properties, and Section 4.6.16(H)(3)(a) states that a 5' landscaped buffer must be provided between a parking area and a public right-of-way. Section 4.6.16(H)(3)(d) (Perimeter Landscaping - Abuttinq Properties) With respect to the waiver request along the north property line, a 3' wide landscape strip is provided where 5' is required. The applicant is attempting to provide a clear view of the unusual arched front door. In order to do so, the parking spaces must be '. City Commission Documentation Meeting of May 25, 1993 Waiver to Perimeter Landscaping Requirements for 60 Palm Square Page 2 2 ' deeper. The vehicles will overhang 2' into the required 5' landscape strip, effectively leaving 3 ' of landscaping. The proposal includes the provision of a cocoplum hedge along the north property line which is adjacent to an existing landscape buffer on the abutting property. Section 4.6.16(H}(3}(a} (Perimeter Landscapinq - Ad;acent to Public Rights-Of-Way) Along the east property line adjacent to the parking spaces a 3' wide landscape strip has been provided where 5' is required. The 5' landscape area could be accommodated by locating the proposed 4' high wall 2' further to the west and reducing the width of the foundation planting area. However, this would be aesthetically undesirable as it would eliminate the transition area from the porch steps to the parking area, thus affecting the symmetry and balance of the proposal. Further, the swale area within the Palm Square right-of-way is approximately 6 ' in width, which will provide an overall 9' wide buffer. 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: (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 ~or another applicant or owner. The areas in question along the north and east property lines will contain adequate landscaping. The landscape code is being followed throughout the remainder of the site. 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. HISTORIC PRESERVATION BOARD CONSIDERATION: At its meeting of April 7, 1993, the Historic Preservation Board heard a request for waivers to the perimeter landscape requirements along the north and east property lines. The Board recommended (4-0) that a waiver be granted to Section 4.6.16(H) (3) (d) to reduce the required 5' landscape strip to 3 ' along the north property line and that a waiver be granted to Section 4.6.16(H)(3)(a), to reduce the required 5' landscape strip to 3 ' along the east property line, between the parking spaces and Palm Square. '. City Commission Documentation Meeting of May 25, 1993 Waiver to Perimeter Landscaping Requirements for 60 Palm Square Page 3 RECOMMENDED ACTION: By motion, grant a waiver to LDR Section 4.6.16(H) (3) (a) to reduce the required 5' wide landscape strip to 3' along the east property line, between the parking spaces and Palm Square, and a waiver to LDR Section 4.6.16(H)(3)(d) to reduce the required 5' landscape strip to 3' along the north property line, between the parking spaces and the abutting property, based upon positive findings with respect to Sections 2.4.7(B)(5)(a) - (d) . Attachments: * Letter of Request * Reduction of Landscape Plan '. May 7, 1 99~5 - Je'ff Costello, Planner- ~~<<:;m:rrWJE1D) City of Delr-ay Be":lctl 100 N.W. 1st ~~venl.le Delray Beach, Fl :::n444 MAY, '1 1993 ~ D e <.~ r- Jeff : PLANNING & ZONING ...... -.. ". .. .". ., This 1 et t er responds to your r-E'quest that I amend my or-.i gi n.:':\l 1 et ter" to tt"H? Hi stm""i cal Preservation Board to reflect thf.:? waiv- ers I am now askinq the City Commission to grant, while again setting forth t t",,? ra'tionale for the requests. These wai ver-s are those approved by the 8oard, c:\nd I agree with its decisions. The revi SE'd ~ite and landscape plans, which I have submitted to your offic(~, re'f 1 ect all decisions made by the Board. The rationale, as set forth below, is basically identical to that submitted to the Board in my original letter. v.Jh en I ret.ained thf.? landscape arcl'lltect and gave them my require- ments f or- thr':! site and landscape plans, vIe discussed the need for the total plan to complement the aesthetics of this I"'ledi terranean Revival-style historic hOLlse. As a result, the pI a,n allows only for a 3-foot landscape strip beb..,een the public right-of-way and the two parking a r- (? as, and betwe(~n the northern parking area and the abuttinq property. Bf.?caust? the code requires 5-f (Jot. 1. c::lndscap- ing strips, I ,"lilt asking the City Commissioners to c.~ppl'-ove the plan c'\ ~::; r-t':? v i ~;;(2 cl . Tt'f2 Boar'd has .agreed that meetinq the code WOLl 1 {j impact detri ment,"d 1 y on the overall aesthetics of the property, and hC\s voted to '51.1ppOr t thf2se ~.,,':l i v e r- requests. The requests arE.' based on t.t'le con~:;i derat ion that a maJol~ function of the f r-ont arecl of .'":\ property is to show the house to t.he best advantage of pa~;<Sf?rs-by. lhlS function becomes an important goal whE.'n the tlouse is historic and ~"hf!!n the pur'pose of devf:?l opi ng and landscaping tt, is "public" ilr E':o::, 1 ~;:' to f?nhance tile archi tectural style and design of the house, ~hlle maximizing its overall aes- thetics. A challenge was presented to the landscape architect bec21use the property is a d up 1 e}( and related codes apply. (A small efficiency apartment, separate from the main house, was rented when I pur- chased the prOpf;?r t: y. It is no longet- rented, and while I probably will not rent it after I move in to the house, I want to retain the option to do so again. ) Amonq these codes is the requirement to provl dl'? off--str"eet parkinq space for four ca.rs. Gr-ouping four cars together in one parkine] area and thereby creating a pc3.rki ng 1 at appf~'dr anCf:: would cf:~rtainly not be acceptable aesthetically. The ;:~I'""chi t.E'ct ttH2rEdore pravl dE~d parking .:>.reas for t\.'JO cal~s f:"~ach at t:hE~ newtt"J c:~nr.:t sCluth si d€?s of the property. To posi 't ion th{-'~ two cars in tl'll"! nor th parking area as far fl~om the h OLl SC, as pDssiblf) and to a] I OrJ for a full ra.nge of plCl,nting " I r / ,. that would show the house to best c.Hivantage, the al~chi teet needed to use eVE'r y possible foot of Sf) ace a.round the parking areas. They therefore i nel ud(-?d the use of two feet of the five-foot landscape strips requl red by thE' codes. Wi thoLlt the use of this space, the north par-ld ng area "'OU 1 d have to be positioned start- ing at the corrH-?r o'f the front steps. The cars then would be parked ,:almost entirel~ in f r- on t of the large, architecturally important north front window. VI !:iuall y, this par J.d ng ar' ea would then unnecessarily crowd the house and its entrance, and the cars would cl ei:\rl y b€", a distraction to viewing its overall symm~try of design, an arch i tE~ctural feature of this house. Also, the resulting loss of t"'JO feet of planting space adjacent to the house would caLIse the two planting beds and of ront steps to be aligned cree:....ti ng one uninteresting and poorly designed unit across the ent in? front of the house. If the pool deck wall is relocated two feet to the west as a part of a solution to satis- fying the code r-equi rement, the ~'/all would extend this alignment, which worsens the overall effect. To offset any possible detrimental impact this waiver could cause to the Ci ty or to the abutting properties, there would be four- foot-high hedqes between the parking areas and the abutting properties. Also, since there is a six-foot-wide city swale between the street and the property, I will meet the City's new c:ode by installing in the swale sod (or City-approved :{eri scape planting to conserve water) and an irrigation system. This wi 11 result in a n i n(;,~-f Dot landscaped strip between the parking areas and the public 1'"' i gh t, -of -\.-Jay , and a twelve-foot-wide landscaped strip in the c:cmtf;?r- area ( stre(~t pCin- ki ng in front of this proper- ty i 5 prohi bi tf';:>c1) . This Mizner-style historic pro opio::r-t y wi 11 be seen by the public passers-by as a single-family residence, not as a duple>: . It will be my home. The fact that it is a duple:{ should not cause the site plan to be changed in a manner th,,1.t would unnecessarily compromise the overall appearance of the property. Granting these waivers wi 11 allow the property's aesthetics to be ma>:imized and the house to be ~,ho~~n to best advantage. Delray Beach is recog- n i zed as a small sc"mpl e of old Florida, and I am proceeding with the renovation of this property so that it will contribute to this recognition. I hope that the City Commissioners agree that this pl..,n is in the public: interest. I want to thank you and Pat CaYCE: for all your assistance. You both have been men:;t hf~lpfLlI. Sincerely, - 0tt t1-(~1 Ct. iful~ David ~l. Cl i ttet- " '~I~n.,t-: ~ ",,__'-":". . 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' .' - > ,--" . . ,,' ~. . , ' \ ~ I ~ I ' ~i' ,~' "'-' : I" [: / >('-'.B;',:r.'~"- t.'~' ~.. : " _....... \. ) . ~'.'. "." " I II .< i':,,,,,,'~ ',: ':' '."" . /. ' ,,---. . \ I 1! ,~~. ", -;; .-,~ J H '.'i"' t<l'" "'I' t: ~~~ ~' ' :'. - ' ,( , ,,_ ~ U "" . '., -- ' '. ,.' " F · -- ' , ~ .-,' '. ' ," ,,' +.'.." \ _~, \ 1 ~. oJ 0( , III 0..d m' . I;l. ,'" , \' . ",."" ~~ .;.,) ,a "If .- " , -",- - ,,~'" . " .. -.-:.../ _ ). l' ,,1m - . · '.-:::'l'. .., (. ,(I v~ - r.;:r:- -.S.."." '(<, "~ . ~)k~"),C1 ,,' ,1.,-~~HP"." r <~ i' ;, ~ , I L7' " Ill'-: ~ '- (>.~ =rl ' . "'-' iY" Ii&: ' 7 ---1 ,'.:c...'., r n} t I ,~ """ ~ '" ~ '- r ' ."'.,,,r .."~" ..,\' .'~ .'. l~cL~~ 2 I ~ _ G V'''Z''.''' " ~ .;;.,"'" ~ .' ,e) ~-v-., f ,',:7'1' ' - C.",~:., " " · 0\' / ~ ' ,-I .. ~- .",_ ,.. 1 . " " ,I. . . < '. :/;':.:': r<S< I ~.@ii . _" ,.",-" VJJ~~~' ~r: -(~ ~ . L\ ~ ~l~ ,.:i ",,' .- ~" ~"",,>' IP " ," ,I 1 / · 2 '-1' >,' ,--: ' -." · " ,.' ....' .' '" ,.~.:~:.,;.." ~ . Ik':-"'~ J 'r::-;:-~ r~ '. ~,,'" ,.i.,,~ >- r;:]JJ, ~ . ~ -r ...::-, '."" ~I'j]~~ ~'.. '7-", ~~. ,,,' -,,' ~ , .. 2 ~ " - T" - ~-" ", \, ,-- -: ' ;t~f 1-- ;H,~,t,~ j~'~":"~ ..---\~r'- ~ ~~.' '>4'\-i,"j- @ ::.t};C . ,/ . II>C; y" ,-:-",' <C\:V ~J-" /'~ ";>/?'l7di~1 ~ __~~-1;O~~ In ' I ' ~,..r , "''' W >.' : "CJ,JI "'r ' .:;. , ~'" " U " ~ r \ J ~,... )' i / ',' "~ ~ _,il .. ~ , ,'_ (I.., \) -r- I"'" /"- .' :\.1/ -,~ . "I -:-"'--'1 . "'''' J 'J- "-llJlY1'. ....,..l. j E1~ , I (4..;. ~ ' " ... -' " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM i 1rfr - MEETING OF MAY 25. 1993 ALLOCATION OF FUNDING/PARKS AND RECREATION BUILDING IMPROVE- MENTS DATE: May 21, 1993 This item is before you to approve adding to the budget emergency roof and airconditioning system repairs at Pompey Park and the Community Center. As proposed, $100,000 would be transferred from the General Construction Fund Prior Year Surplus (Account No. 334-0000-301-34.00) to Parks and Recreation - Other Repairs/Maintenance Costs (Account No. 334-6111-572-46.90). These projects will be put out to formal bid upon approval of funding. Based upon estimates received by staff, the approximate cost for the repairs at Pompey Park is $67,000 and $33,000 for the Community Center. Recommend approval of adding to the budget emergency roof and airconditioning system repairs at Pompey Park and the Community Center and the transfer of $100,000 from the General Construction Fund Prior Year Surplus (Account No. 334-0000-301-34.00) to Parks and Recreation - Other Repairs/Maintenance Costs (Account No. 334-6111-572-46.90). ~ Agenda Item No. : AGENDA REQUEST Date: 05-17-93 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 05-25-93 Description of agenda ite ,~~re, how much): Staff re uests Cit Commission to a efuer en oof repairs and air conditionin re airs at Pompey Park and the Community Center. Roof repairs for Pompey Park would cost $50.000 and air conditioning repairs would cost $17.000. Costs for the Community Center roof would be $31.000 and air conditioniny re~airR would be $2.000. Total fund!'; r~quir~d would he $100,000 from account number 334-611 -57 -46.90 [Parks and ~ation - Other Repair/Maint ~sl ORDINANCE/ RESOLUTION REQUIRED: YES 0 Draft Attached: YESj Q,_ Recommendation: Staff recommends City Commission to approve the above funding for emergency roof repairs and air conditioning repairs at Pompey Park and the Community Center and to approve the budget amendment required to increase the revenue account's Prior Year Surplus (334-0000 301 34.00 b 100 0 ccommodate this ex enditu Department Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available, G NO Funding alternatives. . [1f app~icable) Account No. & Descr4P1ti"on.; ~4--CQV-.?:()1 ....:.4-~C[; /{ ~{jAfp WJ- Account Balance: -, 1 lcl1 ~ "vel{ C 'f- C~tv ~L{ l~i J ~)C(''-t. (..; \, , ' City Manager Review: M Approved for agenda: @/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved " . MEMORANDUM TO: Joe Safford Finance Director $4tf3 5~ (f:!J THRU: William H. Greenwood Director of Environmental Services FROM: Richard Corwin Deputy Director of Public Works SUBJECT: POMPEY PARK & COMMUNITY CENTER ROOF REPAIRS DATE: May 6, 1993 I have spoken with Jerry Sanzone in reference to the subject roofs and we both agree that an emergency situation exists. The tectum structure at Pompey Park has deteriorated to the extent that maintenance workers could be at risk while walking on the roof. This becomes even more critical if they are carrying heavy equipment such as replacement parts for the air conditioning units. The Community Center has extensive rotten wood under the roofing and leaks persist. Maintenance crews working on the roof face the same risks as Pompey Park. Although damage is not as extensive, the risk will be greater within a shorter time because of the difference in roof structural materials. Also, the leaks pose an imminent threat to the recently installed floor in the gym. It is our opinion that both roofs should be repaired as quickly as possible to avoid the risk of accidents which could happen at any time. If you require further information, please call me. A-e C - ).)p f e: A/I A O. ;5Su't!"~ ----- .M C(~+ ~t.Je.. Richard Corwin RC : smm tv'4'''''''~~ pf cc: David T. Harden, City Manager SfiNe. fu,.,{ ;-tSIl~~b'e~ Jerry Sanzone, Building Official C 'K!flrc. {p~ 7e> ~ulll, Lee Graham, Risk Management Officer S4'~L. he....,/-cj +- File: Memos to Finance Director We>, kid ,s tC ,~~ e t;.tP t' a e.Ul.fJl.,#es. :r ~ c I"J,.c~ u;..{ku.Jqr" $'ull (,'.e J ~~f"~,, ~ ~/qJ " , City of Delray Beacrl Departmental Budget BUIIiH AMENDMENT (1) Departmental Une Transfer (2) Date 05-18-93 (3) Interfundllnterdepartmental Transfer (4) Batch Number (5) Requested By: Joseph Safford Initiated by: Joseph Safford INCREASE (6) ACCOUNT NUMBER (7) DESCRIPTION (9) TRANSFER IN 334-0000-301-34.00 Prior Year Surplus $100,000.00 334-6111-572-46.90 Other repair/maint costs $100,000.00 (10) TOTAL $100,000.00 $100,000.00 JUSTIFICATION: Increase in rior year sur Ius is required to accommodate the ex en- diture of funds from Parks and Recreation - Other Re air Maintenance Costs for Submitted to the Cit .' Asst City Manager Budget Officer City Mana (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~1 SUBJECT: AGENDA ITEM i <t;t1 - MEETING OF MAY 25. 1993 REOUEST FOR FINAL PAYMENT/SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DATE: May 21, 1993 This item is before you to approve the request for final payment in the amount of $15,532.16 from the South Central Regional Wastewater Treatment and Disposal Board for completion of the Emergency Access Road project. The consulting engineer, Camp, Dresser and McKee recommend approval of the final payment request. Recommend approval of the request for final payment in the amount of $15,532.16 from the South Central Regional Wastewater Treatment and Disposal Board for completion of the Emergency Access Road project; with funding from Water and Sewer Fund - Emergency Access Road -SCRWTDB (Account No. 441-5142-536-63.94) . ., Agenda Item No.1 AGENDA REQUEST Datel May 19, 1993 Request to be placed onl XXX Regular Agenda Special Agenda Workshop Agenda Whent May 25, 1993 Description of item (who, what, where, how much) I Staff requests City Commission to approve final payment to the South Central Regional Wastewater Treatment Disposal Board in the ammount of $15,532.16 for "Emergency Access Road". Funding source is #441-5142-536-63.94. Purchase order number is 516334. ORDINANCE/RESOLUTION REQUIREDt YES/NO DRAFT ATTACHED YES/NO Recommendationl Staff recommends City Commission to approve final pay for the Emergency Access Road completion. Department Head Signature: ~4 ~&-~,,~- ~ '~//f'~-:r, 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 I YES 0 Funding alternative :-;, ~ Account No. & Description - f::::L,) , .- --J Account Balance 1':-::::, jSc.>:::'J-. U> City Manager Review: ~i1 Approved for agenda I @/NO Bold Untilt Agenda Coordinator Reviewt Received: Placed on Agendal Actionl Approved/Disapproved .. , ~ . SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOAItI>'/ ~;'/ ,':~; I" i i;, 411 ,0: 29 BOARD :'.::;.. ," Telephone City Council Members of f\L.... "'_,.;' 272';'7l)6;l 734-2577 Boynton Beach & Delray Beach . . rnn407} 265-2357 INV. 92/93 531 DATE: Ma V 12, 1993 CITY OF DELRAY BEACH ATTENTION: DIRECTOR OF ENVIRONMENTAL SERVICES 434 so. SWINTON AVENUE DELRAY BEACH, FLORIDA 33444 REQUISTION FOR PAYMENT PROJEC'l' : EMERGENCY ACCESS ROAD Final Billing - Contract Amount $45,000 AMOUNT OF INVOICE $ 31,064.31 50% DUE FROM EACH CITY AMOUNT DUE THIS REQUISTION $ 15,532.16 Please attach copy of this invoice with your check for payment. Sandy .f?QL.#:.SZ6'33V wan son ;:. ... II , --.---.---.:-.-_____ Fiscal Administrative Assistant i".-" 1 ~ ~"', ,,.,, ~ _. . . . J; I ~,' q r t." '"" ."',,, ~ '" ~ ',' '.'( '/ f - r. .. ~A, ~~. B V t:;l') \ ~""': t _ ,oj .: t ;'J: I ';~lt;J rr.i I '''--''-- Date r "-,.. ......-....._.~ -.......---- if</,/ . 5;-zg-::S3t: ~qs7::j r1b (]Yn~ /)~rf: / ~' . ,.;/8/43 ",~ '. lotll/l I i..J\,.l V.'iv..... ........-..Pt" ~ 0 0 ,..........,....__:,_JI l,; ~) ',~;.-~ ...." >.oJ ..' !RllOlltpOj'l ~IIIC.,-'_Ollll, TollrdorPlJOKllou.IRllI+IOIJ.lMlIO .---"- . . . . . Ij t" ,,> r' ! \ J"" ".~ 1 I, ? (i. I! I .' 11 I ., CHARLES S. WHITESIDE, INC. f\ t. \_, c. I \. C:. :") I ,! ~.\. j i,; \ " I _.n _ 250 72nd Drive N. WEST PALM BEACH, FLORIDA 33413 93APRI3 PI~ : 51 407 (30) 471-7696 471-7699 /' DATE . Cf\HI" ~~;~LSSFR April 7, 1993 " L: ..'jr~r- .r. t,... TO South Central Regional Wastewater Trea~~~'(lit~t1,;.:..:,I~;lt j CUSTOMER ORDER NO, Disposal Board I I. ..hULI.I\UhLl~, ' L c/o Camp, Dresser & McKee, Inc. SALESPERSON 1500 N. W. 49th Street Suite 300 VIA . Fort Lauderdale, Florida 33309 . Invoice /I 93-094 TERMS: Net 30 I'V"~~' ...../. " '.' ,..""..:,:,.'''''''''' ..,... \1,ti1 1 '~~Qli'~.' .i~~~;~f DeSCRIPTION .:.PRlce ""," /'{~!'fk.~,OIJI:IIT,!~, ' '~_" -,,l.,...~.....~l,'iiJ,'I,, r...'u,;.,, ~/"/.l/.. :~~.~.~ ,)" . .~~~"Jt~~;.." Emergency Access Road Estimate HI/Final $28,950 00 ,-:::7) .~, .! P A \ 0 c~ V? :,j, tlfit 1 2 tJ) f,).'; '. j U,'~ . . 1...1,,1(,) .1. -:~:o .;,/) :::~'!:~. .J per.!~......" ::."> a: 't[~tl ~~::..; '!'L --~ tu C) U"? ::~~~ ;,~~ I,:..;,:~ ...",.... -- LlJ c:r'" ...... ' -",,0(,.,..] a:: 0- ~.;) . .,. . <::: 1",- il" f""? C') i ~cy&t1J ! ORIGINAL i' I I......: " ,. ..' . . . ONE/FINAL APPLICATION FOR PAYMENT NO. To SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BO~RD (OWNER) Contract for EMERGENCY ACCESS ROAD . OWNER's Project No. SCRW FL 33 . ENGINEER's Project No. CDM 6171-01-CG-16 For Work accomplished through the date of April 7, 1993 CONTRACTOR's Schedule of Values Work Completed ITEM Unit Price Quantity Amount Quantity Amount Clearing & Grubbing $ 4.500.00 Lump Sum S 4,500.00 100% $ 4,500.00 Mobilization/Demobil. 1,800.00 Lump Sum 1,800.00 100% 1.800.00 Road 15,000.00 Lump Sum 15.0.00.00 100% 15.000.00 Topsoil/Seed 5,000.00 Lump Sum 5,000.00 100% 5,000.00 Fence Gate 1,650.00 Lump Sum 1,650.00 100% 1,650.00 Bond/Insurance 500.00 Lump Sum, 500.00 100% 500.00 Miscellaneous 500.00 Lump Sum 500.00 100% 500.00 I I $28,950.00 Tot~ $28,950.00 S 28,950.00 (Orig. Contract) C.O. No.1 C.O. No.2 Accompanying Documentation: GROSS AMOUNT DUE ....................... $28.950.00 LESS --L% RET AINAGE .......;........... S .00 AMOUNT DUE TO DATE..................... S 28,950.00 LESS PREVIOUS PAyMENTS................ S .00 AMOUNT DUE THIS APPLICATION......... S 28,950.00 CONTRAC'fOR'S Certification: The undersigned CONTRACTOR certifies that (I) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full a1l obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered I through 1 'inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances Jexcept such as covered by Bond acceptable to OWNER). -~ ." " Dated April 7, 1993 , 19_ By . . .--- Payment oCthe above AMOUNT DUE THIS APPLICATION is recommended. EX SCRWTD Oiled <;/1/13 .19_ ~ CP/Y7?f!j. If elNE g By ~ ~ . EJCDC No. 1910-8-E (1983 Edition) \ Prepared by the EnJineers' Joint Conlract Documents Commillee and endorsed by The Associaled General Contraclors of America. . . . - .: . CDM CAMP DRESSER & McKEE INC. environmental engineers, scienlisls, 1500 NW, 491h Streel, Suite 300 planners, & management consultants REeE IVED Posl Office Box 9626 Far! Lauderdale, Florida 33310 APR, 2 G 1993 305 776.1731 South Central Regional wastewattfflfrl. April 22, 1993 Treatment and Disposal Board 1801 North Congress Boulevard CDM No. 6171-011-CG/121A Delray Beach, Florida 33445 Billing Pay Request 2 Invoice No. 44-008031 RE: GENERAL CONSULTING SERVICES Page 1 In accordance with the Agreement between Camp Dresser & McKee Inc. and the South Central Regional Wastewater Treatment and Disposal Board for General Consulting Services, this invoice is for the following services: 08) Permit Assistance --1{0 ()iJ - eng i ne e ring services related to FDER and EPA permits. 15) Reaeration System - Provide a conceptual design and drawings for ~fidlJdutjt~(lwjd a coarse bubble reaeration system at the effluent pump station. ~!~:1:~'9'e'.rl~ey~~'~(1~ - Provide short form bidding documents for the "!IlAlt~,.........~ plant r 0 ad. ~ / / .l{ ,.J; .c;..i2'. ,~. -~ emergency access 20) Operational Assistance - Provide assitance with treatment process and -#~Ob loperating procedure. 23) Chlorination Systems - Prepare an analysis of recommended -# 6tJ/J chlorination system improvements. Services from February 28, 1993 through April 03, 1993 *Wo P t\ \ D ~ . 'r; " '\ ~99') , I r\.1 \ ~ \, J.. ,) .)'() '. i ~ ~ ..1' Per!:?~f[t. F' /\. \ [) ~PPRO~~D', ,: ;' -- .,! '.', ,:All 'x "/' i " \Rf..C'O~ -I>.1jc251.1f1J i .-: ',', n '"' ~i)q'3 (tc NE 0 . '" ",' I 'j.. , j, '/ I,: SCRWiD Per. ..1.,:,.'.. " . . - , " . . CAMP DRESSER & McKEE INC. April 22, 1993 i CDM No. 6171-011-CG/121A Billing Pay Request 2 Invoice No. 44-008031 RE: GENERAL CONSULTING SERVICES Page 4 -~~~ DIRECT PAYROLL COST Description Hours Rate Labor Cost SENIOR PROFESSIONAL 23.5 90.0000 2,115.00 PROJECT ADMINISTRATION 7.5 35.0000 262.50 TOTALS: 31. 0 $ 2,377.50 .. TOTAL SALARY COST $ 2,377.50 OTHER DIRECT COSTS COST TYPE AMOUNT AUTO EXPENSE 4.48 MISC EXPENSE 150.50 OTHER DIRECT COSTS AT COST $ 154.98 'j TOTAL OTHER DIRECT COSTS $ 154.98 AMOUNT DUE FOR EMERGENCY ROAD (16) $ 2,532.48 \1 =-=--=------ r' "t::J;:;! 0 \ (~, "Co,"",.._ -'-." -::::::. ) ~/.:~/o() ~,_... ~(/~ -, - . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM it 'iSr - MEETING OF MAY 25. 1993 APPROVAL OF ASSIGNMENT AGREEMENT/RESOLUTION NO. 44-93 DATE: May 21, 1993 This item is before you to approve an Assignment Agreement with the Community Redevelopment Agency for the purchase of a single family lot located at 222 N.W. 5th Avenue. The CRA negotiated with the seller for the sale of said property to the City and now wishes to be released from further responsibility with regard to the acquistion. This agreement releases the CRA and assigns the purchase contract to the City. Resolution No. 44-93, is a resolution authorizing the City to purchase from the seller certain real property located at 222 N.W. 5th Avenue, incorporating and accepting the contract stating the terms and conditions for the sale and purchase between the sellers and the City. It is anticipated that this property will be conveyed to Habitat for Humanity. The acquisition of the property has been duly noticed pursuant to Section 36.04 of the City's Code. Recommend approval of the Assignment Agreement with the Community Redevelopment Agency; the purchase of property at 222 N.W. 5th Avenue, in the amount of $7,500 with funding from Community Development Block Grant - Neighborhood Housing Land Acquisition (Account No. 118-1974-554-61.10); and, approval of Resolution No. 44-93. ~ -on ~ ~/a.s/93 '. , --..----- - - ~..._-------.._-_.~~._~-_._~ ---- -----~._-- ----------.---.-- ----~------~.~-- --.-- ---. -----------.-.--- ....---- RESOLUTION NO. 44-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED AT 222 N.W. 5TH AVENUE, DELRAY BEACH, FLORIDA, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at 222 N.W. 5th Avenue for the purpose of donating the property to Habitat for Humanity; and WHEREAS, the Sellers hereinafter named desire to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Edgar 1. Ramirez and Julio Ramirez, as Sellers, land for public purposes for the purchase price of Seven Thousand Five Hundred Dollars ($7,500.00) , and other good and valuable considerations; said parcel being more particularly described as follows: The North 50' of the South 300' of Block 18 LESS West 143' and East 20' Road Right-of-Way, Town of Delray. Street Address: 222 N.W. 5th Avenue Delray Beach, Florida 33444 Section 2. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the City of Delray Beach, Florida. Section 3. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Sellers as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on this the 25th day of May, 1993. ~~ , MAY lfI"R ATTEST: ()/~~'fiJ!.~ k'l1:l: hb~ . C~tyC erk . '. ,-,.., . . . Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: MAY 18. 1993 X Regular Agenda Special Agenda Workshop Agenda Consent Agenda When: MAY 25. 1993 Description of item (who, what, where, how much): ACCEPTANCE OF PURCHASE CONTRACT FROM THE COMMUNITY REDEVELOPMENT AGENCY FOR THE PURCHASE OF 222 NW 5TH AVENUE (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: ~/NO Draft Attached: ~ES/NO Recommendation: STAFF RECOMMENDS APPROVAL.WITH FUNDING FROM THE LAND ACQUISITION LINE ITEM- 118-1974-554-61.10 (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: cA.l1~--~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~/NO , Funding alternative: (if applicable) , ,..... Account No. & Descr~tion: [I~-I174-s...S.4~.W(-fO Nf:.JGfff?;of2.JtOl~ilJG, -LkfJ^ Account Balance: qi ll1lP-4-ft N-aJL/~- City Manager Review: Approved for agenda: ~/NO ut1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. , / .... .'f.(~:".,r-- ..... _;(\, . . [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE ~()() NW 1st AVEP.'UE . DELRAY BEACH, FLORIDA 33444 FACSlt-.1ILE 407/278.4755 Wr~~_r'. D~r_c~ L~n_ (407) 243-7090 MEMORANDUM Date: May 11, 1993 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Acceptance of Purchase Contract from CRA for the Purchase of 222 N.W. 5th Avenue Before you for your approval is the acceptance of an Assignment Agreement from the Delray Beach Community Redevelopment Agency for the purchase of a single lot located at 222 N.W. 5th Avenue, Delray Beach, Florida 33444. The CRA has contracted with Edgar 1- Ramirez and Julio Ramirez for the purchase of this lot for a total price of $7,500.00. It is anticipated that the City will then donate this lot to Habitat for Humanity in compliance with the agreement entered into with Habitat in 1992. The time for acceptance on the contract is March 17, 1993; however, I have spoken to Mr. Julio Ramirez and he has assured me that they will still sell the property to the City for $7,500.00. It is recommended that the City Commission adopt the proposed resolution and accept the Assignment Agreement from the CRA and direct staff to proceed with the donation of the property to Habitat for Humanity. DNT:sh Attachment cc: Lula Butler, Director of Community Improvement Dorothy Ellington, C.D. Program Coordinator crapur.dnt " - M E MaR AND U M TO: David Harden, City Manager FROM: Dorothy Ellington, Community Development coordinatorA9?~ THRU: Lula Butler, Community Improvement Director ~ DATE: May 18, 1993 SUBJECT: Acceptance of Purchase Contract (CRA) for Purchase of 222 N. W. 5th Avenue ITEM BEFORE THE COMMISSION This is to request approval to accept an Assignment Agreement from the Community Redevelopment Agency for the purchase of a lot located at 222 NW 5th Avenue to be conveyed to Habitat For Humanity pursuant to the agreement entered into with the organization in November, 1991- BACKGROUND On Novemeber 26, 1991, the City commission approved an agreement between the City and Habitat for Humanity which provides that the City will make available 5 lots to the organization in order to build homes for low income families. To date the City has conveyed 3 lots: 418 SW 5th Avenue and 2 previously undeveloped lots on SW 7th Avenue. With the approval of the subject purchase, the City will be in a position to convey this property making a total of 4 units available to Habitat for Humanity. The City Attorney's office is currently preparing title documents for securing another lot (330 SE 3rd Avenue) from Carteret Savings Bank to be used for Habitat purposes. The completion of the Carteret transaction will fulfill the City's obligation per the formal agreement. In Addition to the purchase of property for this organization, the City has facilitated the transfer of two lots from Charter Savings & Loan to Habitat for Humunity where two new houses are currently under construction. These lots are located at the corner of SW 1st Street and SW 8th Avenue. RECOMMENDATION Commission approval is recommended for the purchase of 222 NW 5th Avenue from the Community Redevelopment Agency for the purpose of transfering the property to Habitat for Humanity in accordance with the Ageement of November, 1991- 1 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT is made and entered into this ___ day of April, 1993, by and between THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "Assignor," and THE CITY OF DELRAY BEACH, hereinafter referred to as "Assignee." WIT N E SSE T H : WHEREAS, the Assignor is the contract purchaser under that certain Contract for Sale and Purchase with EDGAR I. RAMIREZ and JULIO RAMIREZ, a copy of which is attached hereto (hereinafter referred to as the "Contract"); and WHEREAS, the Assignor desires to assign all of its right, title and interest in and to the said Contract to the Assignee; and WHEREAS, the Assignee is desirous of acquiring the rights in the subject Contract. NOW, THEREFORE, in consideration of the sum of Ten and nO/lOO Dollars ($10.00) and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: 1. The Assignor hereby assigns all of its right, title and interest in and to that certain Contract attached hereto to the Assignee. ! I 2. The Assignee hereby accepts such assignment and agrees to assume all liability and responsibility for the performance of the terms and conditions contained in said Contract. 3. The Assignee agrees to indemnify and hold the Assignor harmless for any and all liability or damages Assignor may incur from the Assignee'S failure to perform in accordance with the terms and conditions of the subject Contract. IN WITNESS WHEREOF, the parties hereto have executed this Agr~rnent the day and year first above written. (lli~s.. '1:'.:.' THE DELRAY BEACH COMM... UNITY ,/ REDEVELOPMENr AGENCY ~/. ",---- I .. I .~. - f It!..~ ' \ 1 ,.~ '--'" /-'-, \ IN'\.~~.. I \ ;' _ By: / 1 i' {,/'---....... <' ,:.> ~. .---.(_........ - " Secretary Kevin Ega~,,'-/ hairman I Attest: CITY OF DELRAY BEACH By: City Clerk Mayor ,. .' P r""'""'1 T"\r;nqr;r;~" r. " .....111 II r", " 'I ,1 '\,\ : f . II! :,' ~ 1 ;" !' t r', ~ t..'. ~.._, ._.......--.."}...4.......".-~-.;i! '. ;' J,i f,l^ i' 1 ," 10q3 '::: I CONTRACT FOR SALE AND PURCHASE ,1.'''\ '" i.". ' f I w~ " '::':i':",~'; ~'CL,:;C) PARTIES: EDGAR I. RAMIREZ and JULIO RAMIREZ, (" Se llel'" ), 110B1...F;U.Ls.Qo. .!iil.aon........ Road, North Palm Beach, Florida 3340B {PhonefV~?~ Q'i/9 ), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, ("Buyer"), of 207 East Atlantic Avenue, Delray Beach, FL 33483 (Phone: 276-B640), hereby agree that the Seller shall Bell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions which INCLUDE the standards for Real Estate Transactions attached ("Standard(s}") and any addendum to this instrument. I. DESCRIPTION: (a)Legal description of Real Property located in Palm Beach County, Florida: The North 50,1 of the South 300' of Block 18 LESS West 143' and East 20' Road Right-of-Way, Town of Delray Property control No. 12-43-46-16-01-018-0130 (b) Street address, city, zip, of the Prooertv is 222 N.W. 5th Avenue, Delray Beach, Florida 33444. (c) Personalty: II. PURCHASE PRICE: .,.,.......",'.'"",."" S 7,500,00 initial PAYMENT: me> (.j ""!,liHa1;(IiI) 1;9 "" ll"la LA ssor - b, Il013(Ht '. r-- 't"o.~o","op.;.o.) Tr'Hlt P~~QYRt. 1.Fl. tho .:lff'1Dunt c:.f S SQ8 BB SINGLE PA.YMGNT TO C,-OS.,E R (!II) lialIUI81l.1i1 a 1111112 (U.s. cash, LOCALLY DRAWN Ie certified or cashier's check), "..li)89. ~8. $ 1,500,00 2'iij",:,,-m--tlii\' 'R<a pr9ra..i<i?RQ" $ '7,089.99 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not , .. executed by and delivered to all parties OR FACT OF EXECUTION communicated in initial writing between the parties on or before /7.7~120t<1 /%,/99.3 , th deposit(s) will, at Buyer'S option, be returned to Buyer and this offer r.A'1 (.2;,i hdrawn. A facsimile copy of this Contract for Sale and Purchase ("Contract") VY:I an any signatures hereon shall be considered for all purposes as originals. The a e of Contract ("Effective Date") will be the date when the last one of the Jc,;?. Bu er and the Seller has signed this offer. 6UYE:R. TITLE EVIDEN~: At least 10 days before closing date, ~ shall, at p,t)yt::g:;.sllllil.'S expense, (deliver to Buyer or Buyer's attorney, in accordance with Standard A, (CHECK (1) OR (2)): (l)Oabstract of title or (2)l2ltitle insurance commitment and, after closing, owner's policy of title insurance. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on March 15, 1993, or earlier, unless extended by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shed 1 take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearirnj orl the pleH. Or other'....ise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7! feet in width as to the side lines, unless otherwise stated herein); taxes for year of c losing and subsequent years; assumed mortgages and purchase money mortgages, if any; other: None; provided that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for Residential purpose(s). VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than seller; but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to delivery occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. RIDERS: (CHECK if any of the fc::c,.'::nC1 Riders are appl~cable and are attached to this Contract): a}OCoastal ConstL-uction Cont.:.t-ol Ll.I1V Hlllc": b)OCondominium Rider C)OForeign Investment in Real Property Tax Act Rlder d)OInsulation Rider '. e)OFHA/VA Rider f)OOther: X. ASSIGNABILITY: (CHECK ( 1) OR (2)) : Buyer (l)~may assign or (2)Omay not assign Contract. XI. SPECIAL CLAUSES: (CHECK (I) OR (2) ) : Addendum (l )l2is attached OR (2)Ois not applicable. XII. TIME IS OF THE ESSENCE OF THIS CONTRACT. XIII. DISCLOSURES: Buyer Dacknowledges or Ddoes not acknowledge receipt of ~agenCy/radon/compensation and estimated closlng costs disclosures. - BUYE~INITIALS - - - - - - - - - - By: 3'493 Seller, Date By: ~~ 3/4/q3 Seller Ramirez f.) Date' Social Security or Tax 10 No, Paragraph II received. IF OTHER THAN CASH, & COMPLETE THE ONE APPLICABLE) AGREEMENT IS CURRENTLY IN EFFECT: to pay the Broker named below, incl cooperating sub- cording to the terms of an ex separate listing OR IF NO LISTING AGREEMEN S Seller shall pay the Brok disbursements of the proceeds of in the amount of (COMPLETE ONLY ONE) _____% of gross pur , for Broker'S services in effecting the sale by f' ing e Buyer ready, willing and able to purchase pursuant 10 the foregoi Contract. If Buyer fails to perform and deposit(s) is retaned, 50% th eof, but not e eding the Broker's fee above provided, shall be paid Br r, as full cons ide ion for Broker's services including costs expended Broker, and the balance s~ 1 be paid to Seller. If the transaction shall at close because of refusal 0 failure of Seller to perform, Seller sha pay the full fee to Broker on deman In any litigation arising out of t Contract concerning the Broker'S fee, th revailing party shall recover asonable attorney fees and costs. Firm name of selling Seller Broker Authorized signatory Seller .. ADDENDUM TO CONTRAC'l' FOR SALE AND PURCHASE SELLER: EDGAR I. RAMIREZ and JULIO RAMIREZ BUYER: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY PROPERTY ADDRESS: 222 N.W. 5th Avenue, Delray Beach, Florida XI. SPECIAL CLAOSES (Continued) : initial A. RADON GAS: Radon gas is naturally occurring radioactive gas t ('AtJ a~h n it a ated in a building in sufficient quantiti present he lth risks to person exposed to it over t' vela of radon that eed federal and state guideline und in buildings in Florida. J~~ Ad itional informat~on regard nand ra on may be obtained from yo r county public un~t. Paragraph N of the Standar 1 Estate Tr nsact c ed to this contract is hereby deemed to include an insp on gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ( "FIRPTA" ) : Except as provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue C e of 1986, as amended ("Section 1445") and the regulations promul ted thereunder "Regulations") , shall be required to withhold such amoun as is necessary to mply with the Regulations and shall timely remit to the nternal Revenue Servic the amount ao withheld along with properly completed emittance forms. If, howe r, on or before closing, Seller provides Buye with (1 ) an Affidavit of Non-F eign Status regarding Seller, (2) a Notice of n-Recognition Treatment, or (3) a ithholding Certificate establishing that 0, or a reduced, amount of federal in me tax is required to be withheld nder Section 1445 (collectively "Withhol ng Document" ) in proper form s required by the tnltlal Regulations, and Buyer ha no knowledge or notice that t e Withholding Document ~ot.'.d n, 'olloo C. 'at ,'. do'oom'"od '0 .ooo,d o. w'" ,.. R.gol.,eoo., ~ h n Buyer shall not be requ'red to withhold any po ion of the amount payable t Seller or shall be allowed 0 withhold such le er amount as is required by applicable Withholding Docu ent, as the ca may be, and shall submit the t-R. unt so withheld to the InternaI evenue Ser ce along with properly completed J r ittance forms. In addition, if Seller, pri o closing, satisfies those Regulations which concern the filing of an applic i n for a Withholding Document with the Internal Revenue Service and gives ice such pursuant to the Regulations to Buyer and said application is sti pending a of the date of closing, then Buyer shall cooperate with Seller's asonable requ st to escrow any amount withheld at closing pursuant to the egulations, at S 1 lee's expense, until a final determination is made regar ng said application which time said ~~ount shall be disbursed in accprdanc with said final In the lev t insufficient caSfl lS pa~d by uyer at closing to fund the Buyer's withhol ng obligation, Seller shall deliver o Buyer at closing the amount of additio 1 cash necessary to satisfy the withhol 9 obligation, In the event Buyer de rmines after the closing that ~he Withholdi by Seller to Buyer relieving Buyer entirely of Buyer's du reducing t, amount required to be withheld by Buyer was false, uyer shall have the auth J.ty to withhold from any additional amounts due to Selle witht Regulations, all or such portion of said additional amount ue to Seller as B er deems necessary to comply with Section 1445 and to remit th amount so withheld and report such information as requir-ed under the Regulatio Internal Revenue Service. ,6.. C/. This Contract is contingent on the City of Delray Beach waiving and releasing the demolition or any code enfo~-cement liens against the subject property. E;~. This contract is contingent upon Buyer obtaining, prior to closing, initial an appraisal of the subject premises, the results of which are reasonably l~ ptable to Buyer in Buyer's sole discretion, e.\~ c. BUY-EP- to PAY ALI_ CLOSING COSTS JC~ ( .......- BUYER INITIALS: SELLER INITIALS: C-rb EIF2- ,Ie ;:: '. STANDARDS FOR REAL ESTA:I'E TRANSACTIONS A. XVIDBlICR OF TITLE: {l}hn abstract of title prepared or brou~h~. ';.:~r:;t~;l'=- ~)'i ,OJ :'\!V";L<\(:;~ r, eo-i['~ing ab t.ract firm (i( not existing t.hen cert.ified as correct. by an exist.ing firm) pl.lrpoft.,ing ~o ~je i.\~ d::c...:rd~,' Sl':-/-'P;;lU Ofe- :ls:rUIn t.e affecting title to Real Property recorded in the public recorda of the county ''''no.!-el:J E(;a~ Pro~EJr:: ;~i .iC::a:e ..ilrOL n Efre tive Date and ......hlCh shall commence with the earliest public records, or such later da:E: 8S J~ay t:e ~..:~S:():~'d:-Y i .~ . U on closlnq of thlS transaction the abstract shall become the property of Buyer, subject to the =igt;t. :)~ [e:e;-::io:1 thereo~ by rst mortgagee until tully paid. (2) 1\ title insurance comroitment issued by a F:orid,a :icp.;';serJ ;.l'.~e :..~.s'J::e~.iigree:..n9 :0 issue t.o Buyer, upon recording of t.he deed t.o 'Buyer, an owner's policy of" t.itle insurancI: lr\ thr, u~l',c'.;;:._ ,.:t pG~(..:~a5e p::-lce, insuring Buyer's titlo to Real Property, subject only to liens, encumbrances, exceptlor;s 0:- q....al:[lcii:lOi: .'-J(~t !crth i:1 ti~IS Contr~ct and those whIch shall be discharged by Seller at or before closing. Seller shall CO.'1V8j a r:ori<e:a.:..;:~ ::..:.::.2.c s~bject on':y to llens, encumbrances, exceptions or qualifications set forth in Contract. M"rketable title ~hall be de:e=-:,:;.:;ed aeco=ding to applicable Title Standards adopted 'oy authority ot The Florida Bar and in accordance .....ith law'. Buyer shall :-:<.1'.'8 38 cesys, :d a::,s':.ract, or S dDya, H tit.le comm1tment, from date of receiving evidence ot" t.i'tle 'to examine it. If :itle is ~0\.,;:'.C. defe.ctive" B:..Lyer Shall, .....itnin ) days, no'tify Sellar in ....ritlnc; specifying defect:(s}. If the defect(s) render tItle ur.mdrkl:tdble, Seller......lll have 120 days (rom recei~t of notice ....ithin which to remove the defect(s), failing which Buyer shall have t;:u op':.io;, of e~ther accepting 'the 'title as It then is or demanding a refund of depoe:it(s) paid which shall immediately be n~tur!,~d t.o Buye.r; thereupon Buyer and Seller ~hall release one another of all further obl i.gations under the Con tract. S~} 1 et w 11.1.., If t 1 t Ie ::.s f Quod unmarx.etable, use di llgen\, effort to correct defect{ s) in title 'Ji'thin the 'time prov ided there ~or, i r'.C 1 'Jd i:>g tllC br ing .1.ng of necessary aui t8. B. PURCBASB MOlnN K:>RrGAGBj SECURITY AGRXBMRJrr.l'TO SKL.L.RR: A purchase ;noney r:lOrt.gaCje and. mortgage note to Seller shall proviae tor a 30 day 9race period in the event of default if a first mort.gage and a 15 day grace period if second or leBaer mon.gage; shall provide tor right of prepayment in ....hole or in part .....ithout penalty; shall net permit acceleration or interest adjustment in event of resale of Real Property; ShAll require ,,11 prior lien and encumbra;.ces t.o be kept in good standing And forbid mOdifiCAtions of or (uture advances under prior mortgage( 9); and the mortgage, not.e and security agreement shall be othen.rise 1n torm a.nd content required by Seller; but Seller may only require clauses custo:nar ~ly found. in mortgages, mortgage notes, and securit}' agreements generally ut.ilized by saving and loan inst.it.utions, Or s.t,.at.e or nat.ional banKS located in the county 'Jherein Real Property 1& loca:ted. All PeraofLalty a.nd leases being conveyed. or assigned 'o.Ii21, at Seller's option, 08 subject to the lien ot a security aqreePlent evidenced by recorded financing statement.s. If a balloon Clort.gage, the final payment will exceed the periodic payments thereon. c. SlJRVBY: Buyar, at Buyer's expense, within time allowed to deliver evider.ce c!' t.itle ond to examine same, may have Real property surveyed and certitied by a registered. Florida surveyor. ;f SL;:,vej :;:1:)'...5 encroachment on Real Property or that. improvements located on Real Property encroach on set.back lines, eage;nef,ts, lrl::::':S cf others, or violate any re9trlct~on:>, Contract covenants or applicable governmental regulation, the same shall CO~Br.:t...;t.8 iJ ti:le defect. _ 'rn-- TKS: Buyer, at Buyer's expense, wit.hin time allo....ed to de::!l:,ver w.d::JC'",:(. r;~ tlt~e a."1d to examine s"-me, ~ Property n a Florida Certified Pest control Operator lu dute!lr,lr,l~ ;f VIl,ru 1;; dny vi!;,i.b1o a~ infestation or viaible exiating dama ltl1te infestation in the impro'Jcment..s. it l;)'_~;\n (,~ bG\.li , uyer will have 4 days trulIl date oC written notice thereof, wit have all da.mages, whether vi 0 , inspected and. estimated by a licensod builder or qeneral contractor. Seller shall pay 0 and repair. of all dam~ge up to 2' of purchase price. Should such costs exceed that amount, Buyer ah e cancelIng Co:ltract ....lthin 5 days after receipt of contractor's repair estimate by g1v notice to Seller or Suyer m 0 proceed .....ith the transaction, in ....hich event Buyer shall recel at closing of an amount equal 'to the total of the trea 0 alr estimate not in eXC0US of 2\ of t price. "Termites" s.hall be deemed to include all 'Hood dest~oying organisms req e reported under r A Pest Control Act. I.. IJIaRESS AKD EGRESS: Seller 'Jar rants. and represents t.hat. t.here is lngress and egress. to the Real Property sufficient Cor the intended uae a. described in par.graph VII hereof, title to which is in acccrdance with Standard A. F. I..KASRS: Seller shall, not lesa than 15 daya before closing, furnish t.o Buyer copIes ot .1011 writ.ten leases and estoppel letter, (rom each tenant specifying the nature and duration ot the tenant'::; occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each ter,ant, tilt:! garne information shall be turnished by Seller to Buyer within that time period in the form of oS Seller's affidavit, and H~yer :lWY tt18reafter contact tenants to confirill such intO!Ul4tion. Seller shall, at closing, deliver and assign all origir.a: leases to Buyer. G. LI..DS: Seller shall furnish to Buyer at time of closing an affidavit il:te::;t:ng to the absence, unless otherwise provided for herein, ot' a.ny financing sta't.ements, claims ot lien or potential li~nors k:1cwn to Selle= and. further attesting that there ha.ve been no improvements or repaira 'to Property for 90 days immediat.ely ?reced~ng date of closing. If propert.y has been improved, or repaired ....ithin that tillle, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, 8ubcontractors, suppliers, and materialmen in addition to Seller's lien affidavit satting torth the names of all such general contractors, subcontractors, suppliers and materialmen ane f;.;r-,;.her af~irJoing that all charges for improven:ents or repairs which could Berve as a basis far a meChanic' 9 lien or a claim :0'::- da:nll;,es :-:8Ve been paid or .....ill be paid ~t Closing of this Contract. B. PLACE OF C:LOSIBG: Closing shall be held in the county where Real Ptoper~]' is located, at the office of the attorney or other closing agent designated by Seller. 1. TIJ1E: Time periods herein of le99 than 6 days shall in the cOlr,p;..:tatio:1 exclwde Saturdays, Sundays and state or national legal holidays, and any time period provided for herein 'Which shall end Dr; Si:J'u.a:.ay, S-..:nday or legal holiday shall extend to ~:OO p.m. oC the next business day. J. IX:::CUMi:JiTS POlt CLOSIliG: Seller shall furnish deed, bill of sa1e, m8chdrllC's lien atfid6vit, assignments of leases, tenant and mort.gage estoppel letters, and corrective instruments. Buyer Shd:: f'..lfLig\", '.:los..ng atatement, mortgage, mortga.ge note, security aQ:reement. and financing "tatements. P>l' 'fER. 1:... EXPDSES: Oocu.mentaryatamps n the deed and recording correct.iv& ir.Bt.rc;:.,ent::; sllc.111 be paid by.............. Documentary atamps, intangible tax and recording purch se money mortgage to Seller, doed iJnci t i".ancing !Jtdt~mants at\all be paid by Buyer. L. PRORATIOIIS; CREDITS: Taxes, assessment.s, rent, interest, inu\jIarl~e !HIW other expen5eu and reven\.l~ of Property shall bu prorated through day before cloeinc;. Buyer shall have the option of takir,g aver any existing policial>. of insurance, if assumable, in which event. premiums shall be prorated. Cash at closing shall i.lE~ incteased or decreased as may be required by prorations, Prorations will be made through day prior to occupancy if occupancy cccJ,;rs before closing. Advance rent and security deposits will be credited to Buyer anel escro.... deposits held by mort.gagee ....ill be credi~ed to Seller. Taxes shall be prorated based on the current year's t.AX 'Jith due allowance made for maximum allowable discou.,t, hor.,est.ead i:\.nd ot.her exemptions, If closing occurs at a dat.e ....hen the current year's millage is not fixed, and current. year's asseSSlf.eat is available, taxes .....ill be prorated based upon such assessment and the prior year's millage. If current year's dl;~E::SSment is not available, then taxes ....ill be profat.ed on the prior year's tax. If there are completed improvements UII i',Lc'J! i'r:opc;rt/ by .}rl!lUdry 1st of year of closing \<o'hicll i~provement8 'Here not in existence on January 1st of the prior year :;J(!1j '_c.1Xf.:~ s:,ai.j De ~rorated bas~d upon the prior year's l:'illlag8 and at an equitable assessment. to be agreed upon between tile ;;d:t.lt:~-.. fa1l1:lC) '.dl:Cl1, request wiU be made to the Cour,ty Property Appraiser for an informal assessment taking inta considl-~ra!_>.)[" <j'.'<lllcJt.l~! ~y.~~t,pl~lorl~!.. Any tax proration baaed on <!l\ estimate may, tit req:uest ot either Buyer or Seller, bti 9ubsequefltl1' [O'lC"~>lb:~l:.<d U,)OI., recelpt of tdX bill on condition ttlllt. 11 statement to that effect is in t.he closing statement. H. SPHCIAL ABSBBSMKH"l' LIENS: Certified, confirmed and ratified . d!J~:H.'~Hll:l~rlt l.:.til1~ <HI of delta of c10s1n9 (not as of Eftective Date) are to be paid by Seller. Pending liens a8 of date clo~i"g shall ba ass~llIed by Buyer. If the improvement nas been substantially completed as of ttfective Date, such pending lien sha.ll be considered as certified, confirmed or r.ti!ied and Seller ahall, at closing, be Charged an amou.nt equal to the last 89timat8 of assessment. for the improvement by the public body. . JJSPBCTIOIi, RXPAI.R ARD MAIJITKHAliCB: Seller .....arrants that, as of 10 days prior to closing, the ceiling, root (includi fascia fita) and exterior and interior ~Dll&, seawalls (or equivalent) and dockage do not have any VISI:B NeE Of leak., water r structura.l da.mage and that the septic tank, pool, all major appliances, mache. tems, heat.ing, cooling, electrical, p systems and machinery are in WORKING CON~ITION. Buyer may, at Eu ' pense. have inspections Clade of thOSQ items by a firm or dual specializing in home inspact.1.0115 and holding a ational license tor euch purpose (if required) or 'by an appropriately 1 Florida contractor. Buyer shall, 0 Buyer's occupancy or not 188S than 10 daya prior to closing, -whichever occurs first, in writlng to 5e1'\ items that do not meet the above standards as to defects. Unless Buyer report.a such defects 'Jithin t e shall be deemed to have waived Seller's warranties as to defects not reported. It repairs or replacement are requ ,e ~ .all cause such repairs to be made and shall pay up to 3\ of the purchase price for such repairs or rapla as may be requl order to place such i teros in WORKING CONDITION. If the cost for, such repairs or replace ceeds J\ of the purctlaso prIce, or Seller may elect to pay such excess, failing ....hich e.1.ther party may this Contract. .If Seller :'; ur:dl.~e t..o correct. .,' ~.ect8 prior to closing, the co~t thereof shall be paid in row at. closing. Sellar -""111, opon H.:a!.;cDcd,1(:: ~10tl(;c-, prOVIde Utl1I . ervice and accoss to the Property for in6 na. includ1ng a ....alk.-through prior \.0 c1osit',g. B8'~'..'c:.8n F.ffecti....t! .Duta and trIa date sing, except for repairs ad by this Standard, Seller shall maIntain Propert.y l:lcl>..;,Jlng tJut ."1ot lllli.l.tod to tho la'o.ln and Bhr J,n U\U .1.on herein ....arranted, ordinary wear and tear excepted. LOSS: If the property is damaged by fire or other cdoc;al:l' :)efcre closing and cost of re~aoration doe 3\ of the aSses.s ' a Propert.y BO damaged, cost of reste-rat.ion shall be an e er and closing shall proceed pursuant to the terms 0 . ration oSlng, If t.he cost of restoration exceeds 3\ of the assds8ad valuation ot the im e ,. the opt.ion of either taking Property as i.s, together with e nsurance proceeds payable by Vlr':',Je of s<Jch loss anceling Contract and e urn at deposi tt s) . P. PROCXEDS OF SALBj c:LOSI)lG PROCEDURE: The deed shall be recor=ed upon clearance ot funds. If abstract, evidence of title shall be cont1nued at Buyer's expense to show title 1n Buyer, ....ithout any encumbrances or Charge which would render Seller's title unlllarltetable Cram the date of t.he last evidence. Proceeds of the sale shall be held in escro.... by Seller's at.torney Or by such other mutually acceptable escrow agent for a period at not longt:!r U'.an 5 days from and after cloning date. If seller's title is rendered unmarketable, through no fault of Buyer, :Buyer shall, within the 5 day period, notiey Seller in ....riting of the defect and Seller 8hall have 30 days from date ot receipt ot such notification to cure the defect.. If Seller tails to timely cure the detect, all depoait(8) ahall, upon writt.en demand by Buyer and within 5 days after demand, be returned to Buyer and a1multaneoualy ...ith &uch repayment., Buyer ahall rat.urn Personalty and vac!lte Real Property and. .reconvey it to Seller by liIpecla1 ....arranty deed. It Buyer tails to make timely demand tor rafuna, Buyer shall t.ake t.it.Ie as is, 'Haiviog All rights a9aiollt. Seller AS to any intervening defect except. a8 uy be available to Buyer by virtue of warranties contained in the deed. It a portion of the purchase.prtce 1. to ba derived (rom institutional financing or refInancing, requirements of the lending institution as to place, tlme ot day and procedures tor closing, and for disbursement of mortgage proceeds shall contro} over contrary provision in thil Contract. Seller shall have the right to require from the 1ending instit.utlon a written conunitment that it will not . .W.ithhoid~ dtsbureement ot mortgage proceeds as a result at any title detect attributable to Buyer-mortgagor. The escrow and closing; proclId.ure required by this Sta.ndard may be waived it title agent lnsures adverse matters pursuant to Section 627.7841, f.B, (1989), as amended. ~hQm ::=iy,~~l~s~~: ~~e~;c~~~q:~d~ }8~~j:~~i;g :~~::a~~e~q~I~~~~~~ ~~e:u~~o:;:~:d:~~e a~~~~s t~~m:c~~~t~~~~i ~fo~~e~, t~o~~~~~~ ~ Failure of clearance ot funds shall not. excuse Buyer's performance. If in doubt. as t.o 1>.gent's dut.ies or liabilitiea under the provisions at ContrlSct, Agent may, at Agent's option, continue to hold the subject matter at the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of t.he circuit court. having jurisdict.ion of the cHsput.e. Upon notifying all parties concerned ot such action, all liability on the part of Agent shall fully terminate, except to t.he extent of accounting for any items previously delivered out of escrow. XC a licensed real estate broker, Agent ..dll comply .....ith provisions of Chapter 4?~, F. S. ( 1989), as amended. Any 5ui t cat-wean Buyer and Seller where Agent. i ~ made a par t.y because 0 f a.ct.ing as Agent. hereunder, or in any suit ....herein Agent interpleads the subject matter of the escro....., Agent shall reccver reasonable attorneys' fees and COSts incurred ....ith the tees and costs to be paid troDl and out of the escro",",ed fwnds or equivalent and cnarged and a....arded as court cost.s in favor of t.he prevailing part.y, Part.ies agree t.hat Agent. shall not t..e iicd.'::~8 to dny part.y or person for 1\'11sdeli....ery t.o Buyer or Seller of items subject to this escro...., unless such IIlisdell'.'cr}' is C,d!:"U '...; ! I::";. l)~(:iH.:~, ot Contrilct or gross negligonce ot Agent, R. ATTORIrlN YX&S; COSTS: In any litigation arising out of this Co:nrac:, tr.t1 ~:.t!..'ail:,,'(j I,arti-' lrJ sucll litigation ....hich, tor the purposes of this Standard, shall include Seller. Buyer, lis':.1ng or"ci<ef, B'.l'/1.'1: ~; D':"G~.er a:~d <my subagent.s t.o the li9tlng broker or Buyer'e broke!', sh"ll be entitled t.o recover reaaanalJle i.ltlliI:Ill!Y'~ fef:!:; d/:d c:)~t~. S. FAILURE OP PlDtFORMAHCE: X! Buye!' fails to perfo!'m this Contract Iodthin thf: tilne ~pecified (including payment ot all deposit(s)), the depollit-(s) paid by Buyer and deposit(s} agreed to be paid, may be rl:tained by or for the account ot Sellar ba agreed upon 11quidat.e<1 da.magea., conBi<1erat.ion for t.he execution of t.his Cont.:.-act and in full sutt.lement. oC any cla.im.s; whereupon, Buyer a.nd Seller shall be relieved ot all obligations under Contract; or Selle.r, at Seller's option, may proceed 1n equity to en Coree Seller's riQhts under this Contract. If, for any reason other than fa.ilure of Seller to make Seller's title marketable after diligent effort., Seller fails, neglects or refuses to perform t.his COrlt.ract, t.r,e B'Jyer may seek specific performance or elect to receive the return ot Buyer'~ deposit{s) without therebY .....aivir.g any dcticn ;or damages resulting from Seller's breach. T. COIrl"AACT lfar RBCORDA.BLBi PERSONS BOUND; NOTICE: Neither this Contract nor ar.)' ::c'....:..ce of it shall be recorded 1n any public records. This Contract shall bind and inure to the benefit of the pClr~les an::: ::H~i.:- o;'..;ccessors in interest, Whenever the context permit.s, singular shall include plural And one gender shall include all. Notice g:"Jw, ty 0: to the attorney for any part)' sball be 48 etfect.lve as if given by or to that party. U. COIfVBYAlICB: Seller ahall convey title to Real Property by 9tat~to.[y speCial ....i.lrrclnty, trustee's, personal representative's or guardiAn/s deed, as appropriate to the status of Seller, subject only :0 xa:tufs contained in Paragraph VII and thos(;l ot.herw1ae accepted by B,uyer. Personalt.y shall, at. request. of Buyer, be l.rans~erred by ar: absolute bill of sale ....it.h .....arranty of title, subject only to 8uch matters as may be otherwise provided for herein. V. OTSXR AGRJaO<InITS: No prior or present agreement.s or representations shall be binding upon Buyer or Seller unless included in this Contrac't. No modification or change in this Contract ahall be valid or binding upon the parties unless in writing and execut.ed by the party or parties intended to be bound by it.. .... WAlU\AH'rI.BS: Seller .....arrants that t.here are no facts Known to Seller mat.erially affecting the value of the Real Property ..".hich are not readily observable by Buyer or .....hich have not been disclosed :0 Buyer. I / " .. [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE ~oo NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSI1\llLE 407/27S-4755 Wr1ter'. D1rect L1ne (407) 243-7090 MEMORANDUM RECEIVED 6/ /1/93 Date: May II, 1993 CITY CLERK To: Alison MacGregor Harty, City Clerk From: David N. Tolces, Assistant City Attorne~ Subject: Acceptance of Assignment from CRA 222 N.W. 5th Avenue Please advertise, pursuant to city Code S36.04, for the acquisition of the above-referenced property. I have attached the required notice and resolution. This item should be placed on the May 25, 1993 City Commission agenda. If you have any questions, please call. Thank you for your assistance. DNT:sh Attachment cc: David Harden, City Manager ,~ ", NOTICE OF INTENT TO ACQUIRE REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined it to be in the best interest of the City to purchase certain real property, for municipal purposes, more particularly described as follows: The North 50' of the south 300' of Block 18 LESS West 143' and East 20' Road Right-of-Way, Town of Delray Subject to easements, restrictions, limitations, and other matters of record for the purchase price of $7,500.00 and other good and valuable consideration. A Resolution of the City Commission of the City of Delray Beach, Florida, authorizing the purchase of the property and on the terms and conditions set forth above, will be considered for adoption by the City Commission at a regular meeting to be held at 6:00 p.m. on May 25, 1993. CITY OF DELRAY BEACH, FLORIDA By: Alison MacGregor Harty City Clerk PUBLISH: The News , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER .-.- SUBJECT: AGENDA ITEM i g~ - MEETING OF MAY 25. 1993 RESOLUTION NO. 45-93 DATE: May 21, 1993 This is a resolution endorsing and supporting the Community Based Prosecution Program (CBP) of the State Attorney Barry Krischer, urging all communities to participate in same, and requesting the Chief Judge of the Fifteenth Judicial Circuit in and for Palm Beach County to assist in the implementation of Community Based Prosecution. Attached as backup material for this item is a copy of a press release from the State Attorney's office which details the CBP. Basically, CBP would require the county/s thirty-seven municipalities and unincorporated areas to be organized into seven geographic districts and each district assigned to one felony division of the court. A permanent prosecution team would then be assigned to each district. Recommend approval of Resolution No. 45-93. ~~on~ <5/aS/93 '. -.-.--...-..----. _._~_._-_._~----_._.- .----- ---- RESOLUTION NO. 45-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING AND SUPPORTING THE COMMUNITY BASED PROSECUTION PROGRAM (CBP) OF STATE ATTORNEY BARRY KRISCHER, URGING ALL COMMUNITIES TO PARTICIPATE IN SAME, AND REQUESTING THE CHIEF JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY TO ASSIST IN THE IMPLEMENTATION OF COMMUNITY BASED PROSECUTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the criminal justice system is an essential element to a good and prosperous community; and, WHEREAS, the criminal justice system is in critical condition and convicts are spending only 20 to 25% of their sentence in jail and are released to victimize society once more; and, WHEREAS, the criminal justice system's success in dealing with crime must include organized law enforcement, prosecution and the community; and, WHEREAS, the community has become disenfranchised from the criminal justice system; and, WHEREAS, community based prosecution brings together law enforcement, prosecution and the community to attack crime in its midst; and, WHEREAS, the implementation of community based prosecution requires an administrative order from the judiciary to be implemented; and, WHEREAS, the judiciary is an integral element in the criminal justice system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, supports and endorses the Community Based Prosecution Program of Barry Krischer, State Attorney for the Fifteenth Judicial Circuit of Florida in and for Palm Beach County. Section 2. That all communities are urged to join with the State Attorney in the implementation and furtherance of the Community Based Prosecution Program. Section 3. That the Chief Judge of the Fifteenth Judicial Circuit is requested to work with law enforcement, prosecution, the defense bar and most importantly the community to ensure that community based prosecution is implemented in the Fifteenth Judicial Circuit in and for Palm Beach County. Section 4. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 25th day of May, 1993. ~~~ , M A Yd}'R ATTEST Q L ~f!J!!:J!it I~ IIozly- CJ.ty C erk '. orne! 0' THE STATE A1TORNEY F1"&F.:NTtt JUDICIAl. CIRCUll 0' FLORIDA IN AND fOR PA1.M OEACH COUNTY BARRY E. K1U8CHER '1"" ATfOMr.v February 22, 1993 FOR IMMEDIATE RELEASE FOR FURTHER INFORMATION CONTACT: Michael B. Edmondson 407/355-7249 Palm Beach County Criminal Justice Commission endorses State Attorney Barry Krischer's Community Based Prosecution Program. The Palm Beach County Criminal Justice Commission today endorsed State Attorney Barry Krischer's Community Based Prosecution Program. State Attorney Krischer stated, "The Criminal Justice Commission's endorsement sends a message to the criminal justice system that the public must be included in our war against crime. It is only with a concerted, inclusive effort between law enforcement, prosecutors and the community that we will have an impact on the crime which plagues our county daily." Community Based Prosecution is an innovative approach to uniting and organizing law enforcement, prosecutors and the community in the war against crime. Community Based Prosecution (CBP) has been instituted in several areas of the country ranging in demographic diversity from Montgomery County, Maryland (Rockville) ; Kings County, New York (Brooklyn) ; Kansas City, Missouri; Tarrant County, Texas (Austin) ; Multnomah County, Oregon (Portland) . Each jurisdiction applied the program in different ways: Kansas City selected eight inner-city neighborhoods and focused on drug and drug-related charges while Brooklyn organized the entire jurisdiction into CBP. The reports from each jurisdiction have been uniformly good. In Palm Beach County, CBP would require the county's thirty-seven municipalities and unincorporated areas to be organized into seven geographic districts and each district assigned to one felony division of the court. Palm Beach County presently has seven felony divisions. A "permanent" prosecution team would be assigned to each district. This would allow the prosecutors and law enforcement to become acutely aware of specific problems within a particular geographic area. Mayor Nancy Graham has focused the county's attention on the problems of prostitution in the Northwood section of West Palm Beach. CBP would provide a conduit for such enforcement, prosecutors and community leaders. Community involvement in fighting crime has been stymied by a lack of trust in the "system" as well as in law enforcement and prosecutors. CBP will lead to closer, inclusive ties with the l'.~'" (J ~~d:).' I \II.) '. community by getting all the participants to sit down and talk about their mutual needs and concerns. Increased access, communication and ultimately trust is sure to follow. The CBP proposal has been endorsed by the Palm Beach County Baptists Ministers Alliance, the Law Enforcement Planning Council (subcommittee on prostitution) and the Court Task Force subcommittee on CBP (each of these committee votes were unanimous) , as well as the Palm Beach County Association of Police Chiefs and the Palm Beach Post. The Court Task Force committee voted 10-8 against the proposal reflecting substantial opposition from the defense bar. It should be noted that in no jurisdiction where CBP is presently implemented did the defense bar support the program when first proposed. Additionally, in discussing this program over the last year with citizens of Palm Beach County from Boca Raton to Tequesta, it has received universal support. It is time that Palm Beach County's Criminal Justice System includes that element of our county we are here to serve, the community. Community Based Prosecution will be a powerful step toward that inclusion. " OF"F'I(:~ 0' TilE: STATE ATI'ORIttY FIFit"NTtI JUDICIAl. CIRCUIt 01' FLORIDA IN AND roR "ALM OEACH COUNTY BARRY E. KlUSCHER '1'/..,. A'M'OI'lNr.V F A X COVE R SHE E T TO: ~~ !d (M.--t-t- FROM: ~tLk LOCATION: ~ ~o..~ LOCATION: 5 A 0 ~ . PHONE: PHONE: FAX NO: ~:2Lf3 -311Y- FAX NO: 3S"S- -1_1:~ NUMBER OF PAGES TO FOLLOW "'2',;) ** SPECIAL INSTRUCTIONS: ) FAX OPERATO~~ ~ TIME S BNT : ~--1L- "'l.JJ . fJ7 . - 40l N l1lxt~ IltghwH)', \...(.~t !'Hlm Bl""wh, r!"r1da :\:\.101..~200 (407) :\~i,).7100 " . STATE ATTORNEY 4137 355 7267 p.el COMMUNITY BASED PROSECUTION RESOLUTION WHEREAS the criminal justice system is an essential element to a ) good~prosperous community~ ~o I WHEREAS the criminal justice system is in critical condition and convicts are spending only 20-25% of their sentence in jail and are released to victimize society once more WHEREAS the criminal justice systems success in dealing with crime must include organized law enforcement, prosecution and the community WHEREAS the community has become disenfranchised from the criminal justice system WHEREAS community based prosecution brings together law enforcement, prosecution and the community to attack crime in its midst WHEREAS the implementation of community based prosecution requires and administrative order from the jUdiciary to be implemented WHEREAS the judiciary is an integral element in the criminal justice system . ~ d THERE~ Be l.t resolved that the * supports, endorses and/request the Chief Judge of the Fifteenth Judicial cireui t' to work 6 C(,C,; -<\P t:> :3 with law enforcement, prosecution, the defense bar and most importantly the community to ensure that community based prosecution is implemented in the Fifteenth Judicial circuit In And For Palm Beach County " r{r [fej' '''. 5/11/93 c: City Manager (~~~, City Attorney v ,- Police Chief RAeter V OF PALM BEACH GARDENS 10S00 N. MILITARY TRAIL' PALM BEACH GARDENS, FLORIDA 33410-4698 ~b:...tJ \i' ED ~,~y II 1993 May 10, 1993 CITY COivi(vlISSiON Mayor City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444-2698 Dear Mayor: Enclosed please find a copy of Resolution 38, 1993, endorsing and supporting the Community Based Prosecution Program (CBP) of State Attorney, Barry Krischer, and urging other communities to participate in same. Resolution 38, 1993 was approved by the City Council at their Regular Meeting of May 6, 1993. Sincerely, ~~;{.1?y Exa M. Rief Deputy City Clerk Enclosure: As Stated " [ITY DF DELIAY BEA[H 100 \J ';1 1 ,; 'J:::\!UE . :JE,-"lAY BEACH ;::LORIDA 33444 . 407 243 700'J May 28, 1993 The Honorable Jack H. Cook Chief Judge of the Fifteenth Judicial Circuit Palm Beach County 300 N. Dixie Highway West Palm Beach, FL 33402 Re: Resolution No. 45-93/Community Based Prosecution Program Dear Judge Cook: Enclosed is a copy of the City of Delray Beach's Resolution No. 45-93 endorsing and supporting the Community Based Prosecution Program (CBP) of State Attorney Barry Krischer, and requesting the Chief Judge of the Fifteenth Judicial Circuit to work with law enforcement, prosecution, the defense bar and the community to ensure that community based prosecution is implemented in the Fifteenth Judicial Circuit in and for Palm Beach County. This resolution was passed and adopted by unanimous vote of the Delray Beach City Commission in regular session on May 25, 1993. Your serious consideration and support of Resolution No. 45-93 is appreciated. Sincerely, ~~!~!dy City Clerk AMH/m Enclosure cc: Michael B. Edmondson, Office of the State Attorney Board of County Commissioners, Palm Beach County All Palm Beach County Municipalities THE EFFORT ALWAYS MATTERS , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~K - MEETING OF MAY 25. 1993 AWARD OF BIDS AND CONTRACTS DATE: Ma y 2 1, 1993 This item is before you to approve the award of the following bid{s) and contract{s): 1. July 4th Fireworks Display - Fireworks by Grucci, Inc. in the amount of $24,OOOj with the City's portion ($8,OOO) to come from Special Events (Account No. 001-1111-511-48.10). Recommend approval of the above bid{s) and contract{s) with funding as indicated. '. . Agenda I tern No. : AGENDA REQUEST Date: May 19, 1993 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: May 25. 1993 \ Description of agenda item (who, what, where, how much) : RFP Award - July 4th Fireworks Display RFP #93-26 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Aw~rd to highest evaluated proposer, Fireworks by Grucci, Inc., at a ~n~~ of $ 24.000. ff~1'// ~ -Sl"frt) pepartment Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): <"""" Funding available: (cYE$1 NO (if aVPl4able) Funding alternatives~ Account No. & DeSCtiPtion: W\ - \ 1[2[[1t'~ \0 SpL{,1tL'~ E: ~~i. ( Account Balance: . )ctU City Manager Review: ~'1 Approved for agenda: @J NO 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 :1/~ DATE: May 19,1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 25, 1993 - RFP AWARD - RFP fI 93-26 JULY 4TH FIREWORKS DISPLAY Item Before City Commission: The City Commission is requested to award a contract to the highest evaluated proposer, Fireworks By Grucci, Inc., at a cost of $24,000. Per the Finance Department, funding is from: ( ) . Background: Funding for the fireworks display is as stated on attached memo from Director of Parks & Recreation. RFP's for the July 4th fireworks display were received on February 26, 1993 from two (2) firms, all in accordance with City purchasing procedures. (RFP #93-26. Documentation on file in the Purchasing Office. ) A tabulation of proposals is attached for your review. The Director of Parks & Recreation has reviewed and evaluated the proposals, and recommends award to the highest evaluated proposer, Fireworks By Grucci, Inc., per attached memo. Recommendation: The Purchasing Officer concurs with the recommendation of the Director. of Parks & Recreation to award to the highest evaluated proposer, Fireworks By Grucci, at a cost of $24,000. Attachments: Tabulation of RFP's Recommendation from Parks & Recreation c: Joe Weldon .. . [ITY DF DELRAY BEA[H r., \.\' , ;.\ \I L '\ I : ( . I. .-,..,]~)/.._~~-'_L1<.t . ; ~L' :.:-~ MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Balance of Funding for Fourth of July Fireworks DATE: May 19, 1993 This is an update to the March 30, 1993 memorandum to you about the July 4th fireworks bid. The following is a breakdown of the current funding for the July 4th fireworks: $8,000 - City of Delray Beach $3,668 - Dan Burns .$1,000 - Community Redevelopment Agency $12,668 total This leaves a balance of $11,332. I was advised on May 18, 1993 by Marjorie Ferrar of the Joint Venture at the Chamber of Commerce that the Delray Beach News was going to pay this balance. If you have any further questions, please contact me. Joe Direc Parks and Recreation JW:cp Ref :tgfire$ THE EFFORT ALWAYS MATTERS ., .. [ITY DF DELRAY BEA[H :u(. , ; ~'.~ I I ,. i ~'I;,~,;' I; '_;!~I MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Joe Weldon Director of Parks and Recreation SUBJECT: July 4, 1994 Fireworks Bid DATE: March 30, 1993 Attached please find a spread sheet for the July 4th fireworks display bia on February 26, 1993. As you know, I have had several problems reviewing this bid. First of all, Grucci included shells in their bid that were under 3" in diameter, dispite being advised not to do so in writing several times in the proposal. When they were contacted and advised of the problem, they faxed the attached sheet which completely changed their proposal. I brought this to your attention and they then faxed me a copy of the original proposal minus the 1,000 illuminations. The second problem I had is that the Zambelli standard proposal bid not only a larger total amount of shells than their elite proposal, but also a higher number of shells in each shell size category. I met with Marci Zambelli on March 23rd and asked her to explain the discrepancy. She advised that the standard proposal was not as good as the elite proposal, even though it has a greater number of shells in each .category and a greater total number, because the shells are not as good a quality. This poses a problem because historically I have made recommendations based on the size of the shell, making the assumption the bigger the shell the better. I personally do not have the expertise to review each shell category and determine which is better than the other. For this year's bid, however, I recommend we accept the Grucci bid over the Zambelli elite bid based on a higher number of shells in all categories except the 10" size. I would not recommend the Zambelli standard proposal because of the above stated comments. THE Ef-'FORT ALWAYS MATTleRS ., .. . -2- The proposal calls for fireworks for a $24,000 amount. The City has budgeted $8,000 and, per the attached, Dan Burns has $3,600 to donate, leaving a balance of $12,400. I am unaware if other private fund raising efforts are ongoing or how this balance is to be funded. ~LJ ~'" ) J e Weldon Director of Parks and Recreation , Attachments JW:cp Ref:tgfrwk94 ., . City of Delray Beach Tabulation of 1993 Fireworks Proposals GRUCCI ZAMBELLI Standard Elite 3" 800 54.0% 1,200 56.2% 640 55.5% 4" 290 19.5% 425 19.9% 225 19.5% 5" 160 11.3% 250 11. 7% 150 13.0% 6" 170 12.4% 180 8.4% 100 8.7% 8" 30 2.1% 60 2.8% 24 2.1% 10" 7 .4% 15 .7% 10 .9% 12" 6 .3% 5 .3% 4 .3% .- Total 1,463 100.0% 2,135 100.0% 1,153 100.0% " . [ITY OF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVLNUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407!278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM Date: May 21, 1993 To: City Commission From: Susan A. Ruby, City Attorney Subject: IAFF Contract Addendum The Interim Director of Human Resources along with others on the bargaining team has negotiated an addendum to the IAFF agreement for the period of October 1, 1992 through September 30, 1993, pursuant to reopener provisions in the IAFF contract agreement. The significant changes are listed below: 1. Retroactivity to October 2, 1992. 2. Section 3, Article 4, Grievance Procedure, requires that the initial appeal must be timely filed, but that after the initial appeal is timely filed that failure to abide by time requirements will not bar the grievant from progressing to the next step if both parties agree upon reasonable and just cause. 3. A new grievance step is included in Article 4. This step provides for a dispute resolution committee which by consensus may resolve disputes. However, if not satisfactorily resolved, the grievance can be processed to the next step which is a hearing before the City Manager. 4. The contract in Article 13, Salaries, pushes out the salary ranges. The contract further provides for a 2.5% performance increase for those reaching maximum salary prior to October 1, 1992 if certain conditions are met. It also provides for a 0-5% increase with an average of 3% for October 1, 1992 through September 30, 1993. 5. Article 18, Bereavement Leave, adds death, imminent death or critical illness of a grandchild, foster child, step-mother, step-father, or step-child as an additional basis for bereavement leave. 6. Article 43, Worker's Compensation, remains unchanged. 3'L . Memo to City Commission May 21, 1993 Page 2 7. Article 44, Certification Pay, for certification to the standard of Dive Rescue I has been added in the amount of $600 per year. Initially only 16 employees will be eligible if they meet the standards which include 13 years of prior Public Safety Diver level certification standing or five years of previous dive rescue operations with the city. The IAFF will hold its ratification election on Friday afternoon, May 21, 1993, prior to the Tuesday Commission meeting. We will apprise you of the vote. By copy of this memorandum to David Harden, City Manager, our office, in anticipation of the IAFF's ratification of the addendum, requests that the addendum be placed on the City Commissio genda for May 25, 1993. cc: David Harden, City Manager Ned Gusty, Interim Human Resources Director Chief Kerry Koen, Delray Beach Fire Department iafaddm.sar .. . ADDENDUM TO AGREEMENT The parties to the current agreement between the City of Delray Beach and the Professional Fire Fighters of Delray Beach, Local 1842, IAFF, dated August 13, 1992 and covering the period October 1, 1991 through September 30, 1993 have exercised their option under Article 45 - Duration, of said agreement and have completed reopener negotiations by reaching agreement on Article 4 - Grievance Procedures, Article 13 - Salaries, Article 43 - Worker's Compensation and Article 44 - Certification Incentive Pay. In addition, the parties have ~ modified Article 18 - Bereavement Leave. The parties understand and agree that the articles to this Addendum to the Agreement are incorporated in the agreement dated August 13, 1992. This addendum and the agreement dated August 13, 1992 constitute the entire agreement between the parties. The parties acknowledge that the addendum has been negotiated and agreed to pursuant to the reopening language contained in the Collective Bargaining Agreement, referred to above. Hereinafter, the term "agreement" shall mean the Agreement dated August 13, 1992 and this addendum thereto. Articles 4, 13, 18, 43 and 44 of this addendum shall supersede Articles 4, 13, 18, 43 and 44 of the original agreement. This Addendum to Agreement shall be effective from October 1, 1992 through September 30, 1993. Addendum 1993 1 ., . ARTICLE 4 GRIEVANCE PROCEDURE Section 1 This grievance procedure shall be used for the settlement of disputes between the City and aggrieved Employee or group of Employees involving the interpretation or application of this collective bargaining Agreement. Appeals of disciplinary matters including recommendations of discipline shall be processed in accordance with and shall be merged into the Grievance Procedure. The time frame for an Employee to file an appeal shall begin upon receiving first notice of the recommended discipline. If a timely initial appeal is not filed upon receiving notice of the recommended discipline, the Employee shall not be able to appeal final recommendations of discipline and imposition of discipline unless such further recommendations or final imposition differs from the previously recommended discipline. For purposes of this Article, working days shall mean Monday through Friday inclusive, but excluding all City Holidays (the exclusion to include anyone-half (1/2) day City holidays). Section 2 Grievances shall be processed in accordance with the following procedure: Addendum 1993 2 .. Step 1 The aggrieved Employee, or a Union representative on the Employee's behalf, shall submit a grievance in writing within five (5 ) working days of occurrence (or discovery thereof). It shall be discussed with the aggrieved Employee's immediate supervisor within five (5 ) working days of the receipt of the grievance. A Union representative may be present to represent the Employee, if the Employee desires him or her to do so. The immediate supervisor shall attempt to adjust the matter and/or respond to the Employee within five (5) working days. Step 2 If the grievance has not been satisfactorily resolved in Step 1, the aggrieved Employee and the Union representative, if the Employee wishes Union assistance, shall present the written grievance to the Fire Chief within five (5 ) working days from the time the supervisor's response was due in Step 1. The Fire Chief, or his or her designee shall meet with the Employee and the Union representative, if the Employee wishes him or her to do so, within five (5) working days. The Fire Chief, or his or her designee, shall respond in writing within five (5) working days from the day of the meeting. Where a grievance is general in nature, in that it applies to a number of Employees having the same issue to be decided, it shall be presented directly at Step 2 of this grievance procedure, within the Addendum 1993 3 '. time limits for the submission of a grievance in Step 1, and shall be signed by the aggrieved Employees, and/or a Union representative on the Employees' behalf. Grievances of a general nature shall be processed within the time limits hereinabove provided unless extended by mutual agreement in writing. Step 3 If the grievance has not been satisfactorily resolved in Step 2, the Employee and the Union, if the Employee wishes Union assistance, may present a written appeal to the Dispute Resolution Committee within five (5 ) working days from the time the response was due from the Fire Chief in Step 2. The Dispute Resolution Committee shall meet with the Employee and the Union representative, if the Employee wishes him or her to do so, within five ( 5 ) working days from the date of receipt of the written appeal. The Dispute Resolution Committee shall respond in writing within five ( 5 ) working days from the date of the meeting. Grievances shall be processed within the limits hereinabove provided unless extended in writing by either party. The Dispute Resolution Committee shall consist of the Fire Chief or his or her designee, the Union President or his or her designee, and two (2 ) additional members, one from management and one from the Union who have been trained in the interest bargaining process. Consensus must be reached in order for the dispute to be resolved. Addendum 1993 4 '. Step 4 If a grievance has not been satisfactorily resolved in Step 3, the Employe and the Union, if the Employee wishes Union assistance, may present a written appeal to the City Manager within five (5) working days from the time the response was due from the Dispute Resolution Committee in Step 3. The City Manager or his or her designee and any staff requested by the City Manager or his or her designee shall meet with the Employee and the Union representative, if the Employee wishes him or her to do so, within five (5) working days from the date of receipt of the written appeal. The City Manager or his or her designee shall respond in writing within five (5) working days from the date of the meeting. Furthermore, only those appropriate grievance involving discipline as set forth in Article 29, Section 4, shall be permitted to proceed beyond this Step 4. Step 5 If a grievance, as defined in this Article, and as permitted by Article 29, Section 4, has not be satisfactorily resolved within the grievance procedure, the Union and only the Union may request arbitration. The request for arbitration shall be in writing to the office of the City Manager no later than fifteen (15) working days after the City Manager's response is due in Step 4 of the grievance procedure. An arbitrator will be selected in accordance with the selection procedural rules of the Addendum 1993 5 " Federation Mediation and Conciliation Service (FMCS) in effect at the time of the signing of this Agreement; the sole function of that body being to assist in the selection of the arbitrator. It should be noted that nothing contained in this Article shall prevent any Employee covered by this Agreement from processing his or her own grievance unassisted through the grievance procedure up to and including Step 4. Section 3 The grievant shall have the responsibility to advance grievances in a timely manner during each step of the procedure once the intial grievance is timely filed. Untimely requests by the grievant for subsequent step reviews shall be advanced to the next step upon mutual agreement of the parties upon reasonable and just cause. Any grievance not answered by management in the time limits provided above shall be determined to be denied and shall be advanced to the next higher step of the grievance procedure, subject to any restrictions set forth in this Agreement. Nothing contained in Section 3 alters the initial appeal requirements set forth in Section 1. Section 4 Notwithstanding any other provision of this Article, if an Employee elects not to have union representation, any Addendum 1993 6 ., adjustment of a grievance must be consistent with the terms of the collective bargaining agreement and the Union shall be given reasonable opportunity to be present at any meeting called for the resolution of such grievance. Section 5 A. The arbitration shall be conducted under the rules set forth in this Agreement, not under the rules of the FMCS. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this Article and to enforce compliance with the terms and conditions of the Agreement. In cases other than a discharge, demotion, or a suspension of more than seven (7 ) calendar days for non-shift Employees or more than two (2 ) shifts for shift Employees, the arbitrator shall not substitute his or her judgment as to the wisdom or the degree of severity of disciplinary action imposed on any Employee by the City. The arbitration inquiry shall be limited to whether the City possessed evidence of misconduct before imposing the discipline ultimately imposed. B. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. Addendum 1993 7 " C. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to the arbitration, which is not a grievance as defined in this Article, or which is not specifically covered by this Agreement. D. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively to the question which is presented, which question must be actual and existing. E. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. F. It is contemplated that the City and the Union shall mutually agree in writing as to the statement of the matter to be arbitrated prior to a hearing, and if this is done, the arbitrator shall confine the decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the Union and the City shall submit a written statement of the grievance and the arbitrator shall confine consideration to the written statement or statements submitted. This clause, however, shall not be construed to permit either party to present issues through their written statements that would not Addendum 1993 8 0' otherwise be subject to the grievance and arbitration provisions of this Contract. G. Each party shall bear the expense of its own witnesses and its own representatives. The parties shall bear equally the expense of the impartial arbitrator. Any party requesting a copy of the transcript of such arbitration hearing shall bear the cost of same. Section 6 In all steps of this grievance procedure, the Employee may seek the assistance of the agent or representatives of the Union and may request Union representation at any stage of the grievance procedure should the Employee so desire, provided that an Employee may not proceed to arbitration (Step 5) without the Union's agreement. Section 7 All discharge grievances, and any other grievances mutually agreed upon for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the Union agree upon the following procedures for expedited cases. 1. After an arbitrator has been selected, the arbitration hearing shall be held no later than ninety (90) calendar days thereafter, unless the Addendum 1993 9 ., arbitrator is unavailable within this ninety (90) calendar day period. 2. Briefs, if any, must be filed with the arbitrator no later than twenty (20) calendar days after the close of the hearing, or after receipt of the transcript, if a transcript is requested. 3. The parties shall request that the arbitrator render an opinion within twenty (20) calendar days of receipt of the briefs. Addendum 1993 10 .. ARTICLE 13 SALARIES Section 1 It is agreed between the parties that the salaries of Employees effective October 1, 1992 shall be as follows: Firefighter - Salary range - $24,577.61 (minimum) to $35,284.68 (maximum) . Driver/Engineer - Salary range - $26,480.06 (minimum) to $37,129.29 (maximum) . Paramedic - Salary range - $28,382.52 (minimum) to $38,921.20 (maximum) . Shift and Paramedic Lieutenant - Salary range - $33,395.73 (minimum) to $45,930.70 (maximum) . Fire Lieutenant/Inspector - Salary range - $33,400.02 (minimum) to $45,939.49 (maximum) . Section 2 Effective October 1, 1992 Employees shall be eligible to receive an individual performance increase, being in the range of 0% through 5% inclusive, with an average for the Fire Department of approximately 3% for fiscal year 1992-93. Such individual performance increases shall be received on the same City-wide terms, conditions, and subject to the limitations applicable to other general City employees, excepting: 1. Said individual performance increases shall be granted pursuant to the Fire Department's Employee Addendum 1993 11 " Performance Evaluation criteria and forms as determined by the City; and 2. Employees who have reached maximum salary prior to October 1, 1992 shall be eligible to receive an individual performance increase of 2.5% subject to the following: The Employee must receive an average or above average merit evaluation for the year, with no more than two (2 ) ratings in any below average category; and no upheld disciplinary action above a written reprimand within the rating period; and must possess one of the following certifications: Paramedic E.M.T. Inspector HazMat Technician Additionally, an Employee who receives an above average merit evaluation, shall receive one ( 1) additional vacation day for shift personnel or two (2 ) additional vacation days for non-shift personnel; and 3. Employees shall also be eligible to receive incentive increases in accordance with City policy. Section 3 Employees who serve as field training Paramedics shall receive a lump sum compensation of $500 upon completion of the current Step Evaluation Process. Addendum 1993 12 " ARTICLE 18 BEREAVEMENT LEAVE Section 1 The City agrees that when a death or critical illness in which death appears to be imminent, occurs in the family (family being herein defined as follows: father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, grandchild, foster parents, foster child, step-mother, step-father, or step-child; no other persons shall be contained within the definition of family except as specifically set forth herein) of an employee, the employee, if non-shift personnel, may be allowed three (3 ) working days bereavement leave with pay, or if the employee is shift personnel, may be allowed twenty-four (24) hours' duty bereavement leave with pay. Section 2 The City agrees that the above-stated bereavement leave will not be charged against sick leave, vacation, or holiday time. Additional time for bereavement leave may be requested by the employee, and if granted, shall be charged to one of the foregoing categories. Addendum 1993 13 ., ., Section 3 The employee may be required by the Department Head to furnish evidence of the facts justifying the use of Bereavement Leave. Addendum 1993 14 ., ARTICLE 43 WORKERS' COMPENSATION The City agrees for Employees who sustain worker's compensation qualified injuries that the City will pay to such Employees amounts necessary to bring such Employees to current full salary for ninety (90) calendar days, and thereafter shall pay salary/benefits to such Employees in accordance with the requirements of the Florida Statutes. Addendum 1993 15 ., ARTICLE 44 CERTIFICATION INCENTIVE PAY Effective October 1, 1992, employees shall be eligible to receive certification incentive pay during fiscal year 1992-1993 as set forth in this Article: Section 1 Employees who are certified as Emergency Medical Technicians (EMTs) by the State of Florida shall receive certification incentive pay in the amount of $600 per year ($50 gross pay for each complete month that the employee maintains certification in accordance with this section) . Recertification by the State of Florida shall be required at least every two years. Certified EMTs must also meet all standards and successfully complete all training requirements and protocol examinations established by the Department's Medical Director. Section 2 Employees who are certified as Paramedics by the State of Florida shall receive certification incentive pay based on their length of full-time experience as a certified Paramedic in a Florida A.L.S. system as follows: Addendum 1993 16 ., o - 1 year of experience as a certified Paramedic in a Florida A.L.S. system -- $1,080/year ($90 gross pay for each complete month that the employee maintains paramedic certification in accordance with this section) . 1 - 2 years of experience as a certified Paramedic in a Florida A.L.S. system -- $1,580/year ($131. 66 gross pay for each complete month that the employee maintains paramedic certification in accordance with this section). 2 - 3 years of experience as a certified Paramedic in a Florida A.L.S. system -- $2,080/year ($173.33 gross pay for each complete month that the employee maintains paramedic certification in accordance with this section). 3 - 4 years of experience as a certified Paramedic in a Florida A.L.S. system -- $2,580/year ($215 gross pay for each complete month that the employee maintains paramedic certification in accordance with this section). 4 - 5 years or more of experience as a certified Paramedic in a Florida A.L.S. system -- $3,080/year ($256.66 gross pay for each complete month that the employee maintains paramedic certification in accordance with this section). Certified Paramedics must be recertified by the State of Florida at least every two years. Certified Paramedics must Addendum 1993 17 ., ., also meet all standards and successfully complete all training requirements and protocol examinations established by the Department's Medical Director. Additionally, the certification incentive pay of certified Paramedics promoted or transferred to the Fire Safety Division shall be frozen at the level attained immediately prior to the promotion or transfer. While in this position, his/her Paramedic experience level will be progressed for the purposes of time only and said employee will not be eligible for the increased certification incentive pay associated with that experience level until such time as the Employee leaves the Fire Safety Division and enters other fire service functions. Section 3 Employees who are certified by the State of Florida as Municipal Fire Safety Inspectors and meet the other requirements of this section shall receive certification incentive pay in the amount of $600 per year ($50 gross pay for each complete month that the employee maintains state certification as a Municipal Fire Safety Inspector and meets the other requirements of this section) . Full certification incentive pay shall be limited to those Certified Municipal Fire Safety Inspectors assigned to the Fire Safety Division and those employees who were certified as Municipal Fire Safety Inspectors while employed by the Delray Beach Fire Department prior to October I, 1991. Employees who are certified as Municipal Fire Safety Inspectors while employed by the Delray Beach Fire Department on or after October 1, 1991, and Addendum 1993 18 " employees certified as Municipal Fire Safety Inspectors while employed by another department, who are not assigned to the Fire Safety Division shall receive 50% of the certification incentive pay. Section 4 Employees who are certified by the National Fire Academy, a Florida community college, or South Technical Training Center as a Hazardous Materials Technician in accordance with N.F.P.A. Standard No. 472, OSHA 29 CFR-120 and 40 CFR-311, and who maintain certification in accordance with this section, shall receive certification incentive pay in the amount of $600 per year ($50 gross pay for each complete month that the employee maintains certification as a Hazardous Materials Technician in accordance with this section) . Certified Hazardous Materials Technicians must be recertified in accordance with Fire Department policy every year. Section 5 Employees who are certified by Delray Beach Fire Department S.C.B.A. manufacturer(s) in the repair, overhaul and maintenance of S.C.B.A. equipment shall receive certification incentive pay in the amount of $600 per year ($50 gross pay for each complete month that the employee maintains certification in accordance with this section) . Certified S.C.B.A. technicians must be recertified in accordance with Fire Department policy at least every two years. Addendum 1993 19 ., Section 6 Effective January 1, 1993, Employees who are certified to the standard of Dive Rescue 1, as defined by Dive Rescue International, Inc. , and as adopted by the Delray Beach Fire Department, shall be eligible to receive certification incentive pay in the amount of $600 per year ($50 gross pay for each complete month that the employee maintains certification in accordance with this section) , subject to the restrictions and qualifications listed below: 1. There will be a maximum of sixteen (16) employees eligible to receive the certification incentive pay during fiscal year 1992-1993. Additionally, there will be a maximum of twenty (20) employees eligible to receive certification incentive pay during fiscal year 1993-1994; and a maximum of twenty-four (24) employees will be eligible for certification incentive pay during fiscal year 1994-1995. 2. To receive the certification incentive pay, employees must have been certified to at least Public Safety Diver level for three ( 3) years prior to eligibility and have met the training requirements of the Delray Beach Fire Department. Employees who have participated in dive rescue operations for the Fire Department for a period of five (5) years prior to Dive Rescue I certification shall also be eligible to receive certification incentive pay. Addendum 1993 20 " . 3. Employees will be required to recertify every three ( 3) years. Section 7 Employees shall be limited to a maximum of $1,200 per year in total certification incentive pay, in addition to certification incentive pay for certification as an Emergency Medical Technician or Paramedic. An employee may receive certification incentive pay for certification as a Paramedic or as an Emergency Medical Technician, but not both. Addendum 1993 21 ., . EXECUTION OF ADDENDUM TO AGREEMENT Pursuant to Article 45, Duration, the parties have negotiated a reopener agreement entitled "Addendum to Agreement" as to Article 4 (Grievance Procedure), Article 13 (Salaries), Article 43 (Worker's Compensation) and Article 44 (Certification Incentive Pay) . In addition the parties have amended Article 18 (Bereavement). This Addendum to Agreement is hereby executed by the parties hereto as of the dates set forth below. DATED this day of , 1993. Attest: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk City Manager Approved as to form and legal sufficiency: By: City Attorney DATED this day of , 1993. Attest: PROFESSIONAL FIRE FIGHTERS OF DELRAY BEACH, LOCAL 1842 (IAFF) By: By: President By: Vice President Addendum 1993 22 ., , . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~ Cf/\ - MEETING OF MAY 25. 1993 REVIEW OF APPEALABLE LAND USE ITEMS DATE: May 2 1 , 1993 This item is before you for acceptance of the report of decisions made by the various development related boards during the period May 10, 1993 through May 21, 1993. The following actions were considered during this reporting period: The Planning and Zoning Board did not consider any appealable items during this reporting period. Site Plan Review and Appearance Board: -Approved the architectural elevation plan (awning addition and color change) for the Trellis Shop. -Approved the architectural elevation plan (facade and color changes) for Bridge Tenders House. -Approved a minor site plan modification, landscape and architectural elevation plans associated with the expansion of Wallace Dodge Dealership. -Approved a minor site plan modification, landscape and architectural elevation plans for Mouw Office Building. -Approved the architectural elevation plan (color change) for Fire Station No. lo Historic Preservation Board: -Granted a Certificate of Appropriateness associated with the construction of a two car garage at 1127 Nassau Street. A detailed staff report is attached as backup material for this item. .. , C I T Y COM MIS S ION DOC U MEN TAT ION TO: D T. HARDEN, CITY MANAGER \dl~ THRU: J. S,. DI~ DEPARTMENT OF PLANNING AND ZONING fWm.:, cUt" FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF MAY 25, 1993 REPORT OF APPEALABLE LAND USE ITEMS MAY 10, 1993 THRU MAY 21, 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 May 10, 1993, through May 21, 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 May 10, 1993 thru May 21, 1993 Page 2 PLANNING AND ZONING BOARD MEETING OF MAY 17, 1993: ~ No appealable items were considered by the Board. The following agenda items which were considered by the Board will be forwarded to the City Commission as separate agenda items. - Recommended approval (7 to 0) , of a rezoning request from Planned Office Center (POC) to Multiple Family Residential - Medium Density (RM) for a parcel of land located to the south and west of Lake Ida Plaza, which is located at the southwest corner of Lake Ida Road and Congress Avenue. - Recommended approval (6 to 0) pertaining to the items to be included in Plan Amendment 93-2. The following agenda items were continued to subsequent meetings: - Continued consideration of a request to determine that Auto Brokerage is similar to the principal uses in the general Commercial (GC) district. - Continued review of the schematic plans regarding George Bush Boulevard & Palm Trail Beautification. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MAY 19, 1993: 1- Approved the architectural elevation plan (awning addition and color change) for The Trellis Shop located on the north side of Atlantic Avenue between the FEC Railroad and NE 4th Avenue (Vote 7 to 0). 2. Approved the architectural elevation plan (facade & color changes) for Bridge Tenders House, George Bush Boulevard and the Intracoastal Waterway (Vote 7 to 0). 3. Approved a minor site plan modification, landscape plan and architectural elevation plan associated with the expansion of Wallace Dodge Dealership. The request replaces the Phase I modular building, with a 3,600 sq. ft. one story permanent structure and also proposes the addition of a 5,400 sq. ft. service building as a future phase. Wallace Dodge is located on the north side of Linton Boulevard, west of SW 10th Avenue (Vote 5 to 0). 4. Approved a minor site plan modification, landscape plan and architectural elevation plan for the Mouw Office Building, located on the north side of NE 3rd Street, east of the FEC railroad. The modification involves construction of a 3,138 sq. ft. , two story building addition (Vote 5 to 0). .. ., City Commission Documentation Report of Appealable Land Use Items May 10, 1993 thru May 21, 1993 Page 3 5. Approved the architectural elevation plan (color change) for Fire Station #1, located on the north side of Atlantic Avenue, between NW 5th and 6th Avenues (Vote 6 to 0). No other appealable items were considered by the Board. HISTORIC PRESERVATION BOARD MEETING OF MAY 19, 1993 A. Granted a Certificate of Appropriateness on a 5 to 0 vote, associated with the construction of a two car garage for a single family home at 1127 Nassau Street. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map ., LOCATION MAP FOR CITY COMMISSION MEETING OF MAY 25, 1993 L-30 CANAL ~ LAKE IDA ROAD ~ I ~ ATLANTIC AVENUE SW .2 ST ~ ~ ~ ~ . ~ a a i i LDWSON BOULEVARD ~ ~ 2 0 UNTON BOULEVARD % ~~ ; A L-31 CAIW. S.P.R.A.B. ITEMS: H.P.B. ITEMS: 1. - THE TREWS SHOP 1. - 1127 NASSAU STREET 2. - BRIDGE TENDERS HOUSE N 3. - WA.LLACE DODGE 4. - WOUW ASSOCIATES - 5. - FIRE STATION #1 CITY OF DELRAY BEACH. FLORIDA PLAMMINC DEPARTMENT ., , .' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM it q f3 - MEETING OF MAY 25. 1993 REOUEST FOR WAIVER OF LANDSCAPE CODE REOUIREMENTS DATE: Ma y 2 1, 1993 We have received a request from the Lake Ida Church of Christ for waiver of Section 2.4.10 (G)(l) and ( 2 ) , "Landscaping Bond" to permit the issuance of a conditional Certificate of Occupancy without the installation of required landscaping or the posting of a landscape bond. The code requires that if a development has not met the landscape requirements at the time a Certificate of Occupancy could be granted and is requested, the owner must post a bond equivalent to 110% of the costs of material, labor and other costs incidental to the installation of the required landscaping. The code also states that the landscape bond will only be accepted in extreme hardships where the plant materials are not available or under other such similar conditions. Lake Ida Church of Christ is proposing to install the landscaping in three (3 ) phases due to economic reasons. Staff recommends approval of the request with the understanding that Lake Ida Church of Christ will install the landscaping required on the approved plans per the phasing plans stated therein. I have some reservations about approving this request in that it is somewhat precedent setting. Some staff members would argue that the precedent was set by our handling of the Sundy House. The problem is that once we allow use of the building, we loose most of our leverage for ensuring that our landscaping requirements are ultimately met. Until the landscaping is complete, we would prohibit any use of the south parking area and the front vehicular entrance area. Vehicular access would be only from Roosevelt Avenue. Approval, if granted, should be subject to a legally binding agreement, approved by the City Attorney, setting forth the schedule for completing the landscaping. Recommend consideration of the request from the Lake Ida Church of Christ for waiver of Section 2.4.10 (G)(l) and ( 2) , "Landscaping Bond" to permit the issuance of a conditional Certificate of Occupancy without the installation of required landscaping or the posting of a landscape bond. ., ,. "I"" . . MEMO From CITY MANAGER'S OFFICE To: (2t-~ Date: -<:';/ ') /9 ~ / " ---.....) ~ =t ~L '1;: [2 \,0 '~~ (/ t.,y;;...- I .:.--: cj L J:-. .~ 1N J. ~'.JXAJtr X ~ .,1 1'1 ( ~ tt' -- / ~ '- / ,. .,~/ ..~.. " , rr v v ~I cY ~~ ~ ~~~ "~\t~ '-;;4 ~. .--rl-Lt.:- -.*- . -B-; . / / ./(.9-1 ., ~v_ /".~ rA';1-. 4-t:~ _ r~~.. . .j{---.~~ ~C~ ~Q y-~{ ~ 1\ " (A_ / ',c?~.~ ',',', /J ~uJ~~7~T .~ ~' K-:;~ ;; ,~tL}~,~ ~~-4-R- .~' ,.~z'-€~~ '. ~ . ~./~[:'~ If y'L.rc tv.~J2_ c.."€-. 1>C L f:JL ~ ~. :',1;'-,.1' ;1.~ ,)) .I -r- G..'t) sw v'fe.. t'l .-y; /-t.,~: ( (JJ-<L -,.. '1);t- :/ 1 r!"J f/( I iL*," ". . I,' , i' / _ /" J' -'- /,; 1. ',- (~~l9-- r ~~) .. '\ ./c~ )At~~~ ~ ~, J!!--tQ ~ (/ ;\f2-t;:.L.e. 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AGENDA REQUEST ?jQa4-<- N f- vt...., Request to be placed on:' r/{*:w~ ~ 1 ~ Regular Agenda Special Aqend. r#u4 jUcJ f'l<J~ When: /lA ~~ ,L..~ . .~ fL3 6;11'73 ORDINANCE/ RESO~OUIRED: YES/NO Draft Attached: YES/NO ~}/~ Recommendation: ~771-<-7~~ Department Head Signature: W"'-- ~:- -~ . / 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: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ., , M E M 0 RAN DUM ---------- TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: LAKE IDA CHURCH OF CHRIST - LANDSCAPING Date: MAY 17, 1993 ITEM BEFORE THE COMMISSION: - A waiver of the requirements of Section 2.4.10(G)(1)(2) Landscaping Bond, to allow the Lake Ida Church of Christ to be issued a conditional Certificate of Occupancy without having installed their landscaping per the approved plan, and without having posted a Landscape Bond. BACKGROUND: City codes require that if a development has not met the landscape requirements at the time a Certificate of Occupancy could be granted and is requested, the owner must post a bond of 110% of the costs of material, labor and other costs incidental to the installation of the required landscaping. The code further states that the landscape bond will only be accepted in extreme hardships where the landscape plant materials are not available due to drought or freeze, or similar conditions that would warrant acceptance of the bond. Mr. loC. Spivey, Minister of the Lake Ida Church of Christ, is requesting, due to economic reasons, that he be able to occupy the church and complete the landscaping in three phases as follows: Phase I Install all of the landscaping on the north end of the church out to Lake Ida Road, per the approved plan. Cost is estimated at $16,000 and would be completed by the end of July, 1993. Phase II Install the balance of the landscaping around the church, perimeter landscaping along Roosevelt, as well as trees within the interior of the parking lot. Cost is estimated at $14,000 and would be completed by the end of November, 1993. Phase III Install balance of ground cover within interior of the parking lot and perimeter trees along the south property line. Cost is estimated at $15,000 and would be completed by January, 1994. 1 " . Reverend Spivey emphasized that is funds become available that the project will be completed sooner than the proposed dates. It is in their best interest to complete the landscaping as soon as possible. RECOMMENDATION: Staff recommends that the Commission consider approval of the waiver of Section 2.4.10 G (1)(2) with the understanding that the Lake Ida Church of Christ will install the landscaping required on the approved plans per the phasing plans stated herein. . 2 " Board of City Commission Mil)' 4,1993 Delray Beacb I Florida Ref: Lake Ida Cburch of Christ Construction Projett Commissioners, This letter is a formal request for a conditional Cenificate of Occopancy for the cburcb building located at 1300 Lake Ida Road in De1ray Beach. The building itself has had all the fJJUll inspeaions and bas been accepted as substanially complete by the De1nIy Beach Building Department. I have enclosed the letter of completion from the BoiJding Department.. The conditions th. the church is requesting are to be allowed time to totally complete the landscaping and plding lot as per the approved plan. Due to economic reasons the dJurdl is unri:lle to complete the project as of this date. As of this date the parking lot bas been complel1y paved, but the ctlrtling and striping still remain to be completed. Also a small part of the landscaping bas been instalJed. The cburdJ is in desprite need to be able to utilize the building with an acceptance from the city. Therefore the church is requesting the Certificate of Occupancy approval from the Commission based on the following proposal from the church. The churdl proposes and agrees to complete the remaining work in phases which are: Phase 1. all landscaping on the north end of the church out to Lake Ida Rd. Phase 2. all landscaping adjacent to the building. Phase 3, aU landcaping in the parling area on the east side of the building out to Roosevelt. Phase 4. all landscaping in the ~king rea to the south side of the building. Phase Ito be completed in July 1993. Phase 2 to be completed in Setumber 1993, Phase 3 to be completed in November 1993, and Phase 4 to be rompleted in January 1994. Tbis is a time table that the church feels comfortable propsing, but I want the Commission to know that if the funds become available the projea will be completed sooner than the proposes dates. It is in the churches b~ intre3t to complete the llU1d3asping as roon as po3sible. I hllVe also sent with tlU3 letter copiC3 of the approved landscaping plan with the Phases of completion outlined for the Com.missions further review. If any further information is needed by the C.nmmi~ion please contaCt me at the cburch at 265-0422. Myself and the church would greatly aprceciate wh81 ever help the Commission can give us in this mauer. Sincerely. ... I. C. Spivey. Minister /}S. j?r ~. ( ({',n h /rL< 1"1 /),h ~ t" ~ " , (k L c~) J., .. -1/' I I.i _ Lj ;;, , _3 ;/ I ;I L jJ/. ;; -( IT t: /, i J /0 P, '- .- '1 ~ [-L~'_ ., , ~::::: ~ ~ ...~ lei ...,.~ ~..".' ' I......~ I"""') ~ .....:.... ..,\, it 'loCtIlkZLOIr 0 . . i .1!.;1'!.! ~....~.:::::;:. 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'-;:;:::tL, ...j ,\ ~ t, '?>.. ~\ .. ~.' 01' ~ . -yr//J:h ~ .. ~.. lhirr m /lnI =-"o..'\. !,; =, ..r :or // ~ ~() V/Lf:' :-~ ~~ 11I ._~ r. ~ '/ ~ W1.. '7/Y, J '1'>S<7/ ;G / /. ..... /~ 'Ir L-:J . . : ~ ~0.~O'..t: ~. '<(~)5<;~?-' ~ /"--.-//' ~~7CU/i: .CQ' -~~ ~ .I."""..j:...);j.i_...'i~':~ '~'~'."'. J.~.., ..:~. ii (, ~ . ~~-<<' f,iW';t.: I .'. . C" ,.;;'. ,i,.'",.,.'.:",......,'. .. ...':' ~;;JJ. . =\~ ' ' . . .~o ~~ i I I . __~ ..\....(L;=; ,- (1J1 ~J1 ~( I '~~~ .... E~' .~~. -~- ~. .' _ ~ .~'5. ;. ~~~"'[ .s::- et- w ~~ '1. r--'''' ~ '~~. ~-- ' ~,l:f~ ~ . '~~~S---I ., ~. ~ '. . . ,':::c:: '~I " ~":1 . "...,...... \~~@~.. " . f _ -' "., . / '.. .,' ~ ..." ..~' . ' .. . '.~': . :;.! " \-. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 8rl SUBJECT: AGENDA ITEM i qe, - MEETING OF MAY 25. 1993 INITIATION OF COMPREHENSIVE PLAN AMENDMENT 93-2 DATE: May 21, 1993 This item is before you to authorize staff to initiate Comprehensive Plan Amendment 93-2. This is the second amendment for 1993. Generally, the first amendment of each year focuses upon updating the work program in the Comprehensive Planj making adjustments to the Capital Improvement programj status of various objectives and policiesj correctionsj and general housekeeping. The second amendment focuses on land use amendments and specific items which require attention prior to the end of the year. Administrative and corrective items are addressed in this amendment as well. Significant items in Plan Amendment 93-2 include amending the Future Land Use Map (FLUM) designation for the Taheri Property from Medium Density Residential to Transitional and a possible amendment to the FLUM for School Site II S II . Other items include updates to the Infrastructure Master Plans, Annexation Element, Intergovernmental Coordination Element and Future Land Use Element. The Planning and Zoning Board at their May 17th meeting recommended approval of the initiation of Plan Amendment 93-2. A detailed staff report is attached as backup material for this item. Recommend staff be authorized to initiate Comprehensive Plan Amendment 93-2. ., .' . r~t~ '-- \ AA1 1 CITY COMMISSION DOCUMENTATION TO: _David T. Harden, City Manager C~J~~ FROM: David Kovacs, Director of Planning and Zoning SUBJECT: MEETING OF MAY 25, 1993 INITIATION OF COMPREHENSIVE PLAN AMENDMENT 93-2 ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of initiatinq Amendment 93-2 to the City's adopted Comprehensive Plan. Pursuant to LDR Section 9.2.1, "a Plan Amendment shall only be initiated by formal action of the City Commission." Thus, this item is before the Commission for formal action. BACKGROUND: The City is allowed to enact two amendments to its Comprehensive Plan each year. The first amendment (93-1) was transmitted to the State for review March 25, 1993. This second amendment (93-2), focuses on land use amendments, an update of data pertaining to the Water Treatment Plant, annexation policies, and multi-jurisdictional coordination of land use issues. The Planning and Zoning Board formally reviewed this item at its meeting of May 17, 1993 and recommended that the City Commission initiate Comprehensive Plan Amendment 93-2, containing the material stated in the attached staff report. RECOMMENDED ACTION: By motion, initiate Comprehensive Plan Amendment 93-2 pursuant to the recommendation of the Planning and Zoning Board. Attachment: * P&Z staff report of May 17, 1993. T:\advanced\INIT93-2.DOC '. . . . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: May 17, 1993 AGENDA ITEM: V,B, RECOMMENDATION TO THE CITY COMMISSION REGARDING THE INITIATION OF PLAN AMENDMENT 93-2 ITEM BEFORE THE BOARD: The item before the Board is that of recommending to the City Commission those items which should be considered in Comprehensive Plan Amendment 93-2. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. BACKGROUND: The City is allowed to enact two amendments to its Comprehensive Plan each year. Our first amendment (93-1) was transmitted to the State for review on March 25, 1993. The second amendment (93-2) , focuses on land use issues and specific items which need attention prior to the end of the year. In preparing the second amendment, some administrative and corrective items are also addressed. The items proposed for consideration in Plan Amendment 93-2 include: Future Land Use Map: 1. Taheri Property: 35 acres from Medium Residential (12 du/ac) to Transitional (POC/POD/RM/NC potentials) 2 . School Site "s" (Blood's Grove Site) : 15+ acres associated with school and park siting adjacent to Fox Chase. (Still a tentative FLUM amendment) Infrastructure Master Plans: 1. Up-date of data pertaining to the Water Treatment Plant. Specific Elements: 1. Up-date and revise Objective B-3 (Annexation) of the Land Use Element to coordinate with the County and accommodate enactment of an intergovernmental agreement for a transfer of land use powers. -2:8. " . P&Z Staff Report V.B. Recommendation to the City Commission Regarding the Initiation of Plan Amendment 93-2 Page 2 2. Up-date data & Policies in the Intergovernmental Coordination Element to accommodate Multi-jurisdiction Coordination in place of the Countywide Planning Council program. 3. Revise Policy C-4.7 of the Future Land Use Element (Beautification and Use of Downtown Alleys) to transfer responsibility for implementation to the CRA. Items previously discussed but not included for consideration as part of the Plan Amendment: A. Up-dated population estimates and projections. B. Up-dated analysis required by new population figures. C. Up-date schools data & analysis in Capital Improvement Element. D. Up-date and revise Objectives and Policies in Goal Area "D", Public School System, in the Land Use Element. E. Up-date of data, CIP, and policies dealing with Water Supply (Water Supply Master Plan). with i F. Up-date of data, CIP, and policies dealing Sewage Collection System (Master Sewer Plan). G. Master Water Distribution Plan. {I. Master Storm Water Drainage Plan. I. Up-date of data & analysis, and changes to policies_ associated with wastewater reuse. J. Expansion of Commerce Land Use Designation in vicinity of the Series 20 Wellfield. K. Corrective FLUM designations (four locations, minor items). These are proposed to be handled as "small scale" amendments later this year. L. Changes to FLUM and/or text to accommodate expanded utilization of golf course clubhouse facilities. SCHEDULE FOR REVIEW: May 25, 1993 Initiation by the City Commission June 17, 1993 P&Z Board Worksession as necessary ., , P&Z Staff Report V.B. Recommendation to the City Commission Regarding the Initiation of Plan Amendment 93-2 Page 3 June 14, 1993 P&Z Board Public Hearing June 22, 1993 City Commission Transmittal Public Hearing RECOMMENDED ACTION: By motion, recommend that the City Commission initiate Comprehensive Plan Amendment 93-2, containing the material stated in this staff report. Report prepared by: John Walker ~~{~~-- // ./ . Reviewed by David Kovacs on: > /"4//f . T:\ADVANCED\PZAMEND1.DOC .. . r"Jj"\ '~'f 11t.~ 1. I ' [ITY OF DELRAY BEA[H 100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243.7000 MEMORANDUM TO: David T. Harden, city Manager FROM: p.fJRobert A. Barcinski, Assistant City Manager SUBJECT: Amendment to Interlocal Agreement/School Site "s" DATE: May 19, 1993 ACTION City Commission is requested to approve an amendment to the March, 1992 Interlocal Agreement with the School Board for Elementary School Site "s." BACKGROUND The School Board of Palm Beach County is in the process of completing a purchase contract for a ten (10) acre school site from the Bloods, off of Germantown Road. This site will be linked with a future park site, minimum five ( 5) acres. The attached amendment is needed as a result of the change in the site location and the purchase of a ten (10) acre versus 15 acre site. RECOMMENDATION Staff recommends approval of the attached amendment, contingent on the approval of the contract between the School Board and the Bloods, for the school site acquisition. RAB:kwg Attachment THE EFFORT ALWAYS MATTERS 9]) .. TO 6407243~.774 F'.01 0.5/ 1 9/ 1 99 3 1 6 , 08 FROM GROWTH MANAGEMENT CENTER L AMENDMENTTOINTERLOCAL GRE . i\fENT I \ I I TIDS Amendment to the Interlocal Agreement ~ated t is _ day of , 1993 by and between the School Board of Palm Beach County herei fier re rred to as School Board and the City of Delray Beach Florida hereinafter referred to as City. WHEREAS, the School Board and the City 0 Beach entered into that certain agreement dated March 4, 1992, relating to the construction nelltary school south of Linton Boulevard and cast of Military Trail. WHEREAS. the parties desire to amend this a I NOW THEREFORE, the parties agree as folio s: l. The above recitals are true and correct' are j ~)tpQrated herein by reference. \ 2. Item 2 is hereby amended to change the cupan of the new elementary school from the 94/95 school year to the 95/96 . chool ar. \ Military Trail to read /-~/ 3. Item 6 is hereby amended to chang \ the Germantown Road. , . 4. Item 8 is hereby amended to changi. the prds Military Trail to read Gennantown Road. I I I 5. Item 9 is hereby amended to change th \words ~ilitary Trail to read Linton Boulevard. 6. The following items are hereby added to 19. The City shall construct a siuew' k alo Germantown Road between Linton Boulevard and Congress A enue. 20. The City agrees to enter .into a con act, 0 lcontracts, to obtain a five (5) acre site to be utilized as a City rk, a cent to the school site, and provide access to the school site fo const . ction purposes, on or before the School Board's closing date f r sch site acquisition. The City further agrees to complete all p k site cquisition and to grant the School Board an easement for ve icular I d pedestrian acceSS to. the --....:. school site, on or before October , 199 ! 7. Except as modified herein, all other terms d eOI . itians remain the same. Witness: (two are required) \ I \ Gail jor~. Chairman , Ihorn. Superintendent Witness (two are required) iMayor Attest: icy Clerk Approved at form and sufficiency Robert ^. se) - School Board Altomey \ , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM * qE - MEETING OF MAY 25. 1993 1993 WATER AND SEWER BOND PROJECTS DATE: Ma y 2 1, 1993 This item is before you to approve the project list, contained in the Five Year Capital Improvement Program, which are to be funded by the 1993 Water and Sewer Bond Issue. Projects proposed for FY 93/94 include two (2 ) Golf Course wells and mains, land acquisition for the Southwest 2 Million Gallon Storage Tank, and upgrade of the North Barwick Road water main. The total budgeted cost for these project is $3,338,000. The remaining projects would be done during FY 94/95 at a budgeted cost of $3,336,000. Included in the backup are exerpts from the Water Distribution System Master Plan which identify the system deficiencies these improvements are designed to correct and describe the projects in more detail. The projects we are proposing to finance with the bond issue would correct all our existing fire flow deficiencies, construct the pipeline to the Morikami Wellfield, and develop six of an ultimate projected total of eleven wells in that wellfiled. The remainder of the Master Plan projects would be financed from connection fees, current revenues, or delayed beyond the year 2000. The bond issue would require a rate increase of about five (5%) percent. 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L ~ l!l Z Z ~ :5 ~ z Z ~ ~ '. ~:':!ll!l 0: en :E cr a. 35 g ~ :E :E en . ~ S 0: il!ll: .;.;.. ~ ' .:..;. ffi .;.,., ~i, ;l~ ll~l ~ lit ' ~ !~i! .....0 .... ~ .....! ......(,.1 . Po, ...... z wl~ I~ I I~ ~! i o u~~ =1 ~ =B =~ ~ ~ ~ lll!ll ~ 111111 Illiil 111111 ~ 111;ll ~ 111111 ~ B. .'. ~ .... .....1 ... z ..... ~ ..... M ~Dm II I; I I ~ :~~~! = =~ ~~ ~ u0~ ~ 0 0~ ~Q 0 Z ...... Do ...... ...... ~ ...... LIJ ...... i ...... 280 0 %m 0~ @ 0 I~ I~ I; I~. I~: I I CHAPTER 6 I ASSESSMENT OF THE HYDRAULIC ANALYSIS I 6.1 Existing Conditions 6.1.1 Minimum Hourly Demand I The minimum hourly demand was analyzed to determine if the distribution system can provide the necessary replenishment rate to the storage facilities. At minimum hourly demand storage I facilities exert large, concentrated demands that must be met by conveying water through a limited pipe path. When storage replenishment demand is at its maximum, major water mains often experience their most limiting conditions. I The Owens Baker and Miller Park Storage Tanks are replenished during the low demand period in the service area. This low demand period occurs between 11 :00 P.M. and 4:00 A.M. daily. I Table 6-1 lists the results of the model analysis for minimum hour demand. I TABLE 6-1 MINIMUM HOURLY DEMAND I I I SYSTEM I STORAGE HIGH SERVICE REPLENISHMENT PRESSURE FACILITIES FLOW RATE (GPM) RATE (GPM) (psi) Clearwell 4662 NA 55 I South Reservoir 3499 NA 55 North Reservoir 6118 NA 55 I Owens Baker Tank NA 3994 45 Miller Park Tank NA 6340 40 I I The four high service pumps (with a total capacity of 10,700 gpm) and three transfer pumps (with a maximum of 10,000 gpm) at the water treatment plant have adequate capacity to meet the i miniml:lm hourly demand. The sum of the capacities of the high service pumps and the transfer pumps must be able to meet the minimum hourly demand, which at present is only 3,962 gpm, I and replenish the storage facilities. The transfer pumps at the Clearwell are capable of pumping the required 3,499 gpm of potable water to the South Reservoir, but they cannot pump the required 6,118 to the North Reservoir, since the maximum flow split between the North and South Reservoirs is 4,401 and 4,829 gpm. The maximum flow that can be pumped to the North Reservoir only is 5,373 gpm which is still less than the minimum hour demand of 6,118 gpm. See Appendix 0 "Preliminary Study of ----------.:-----_.~" ~ ---. -. .-. 4057R007. BCA:07-24-92 6-1 " . - c, .. Transmission System for North and South Reservoirs,", for further discussion. In addition, the .. North Reservoir is only capable of pumping a maximum of 5,000 gpm with the largest pump out [ of service. ~ Modeling results for minimum hourly demand generally indicated pressures throughout the system above 40 psi. A few individual areas,located in the vicinity of the Miller Park Storage Tank, showed pressures between 35 - 40 psi. During the minimum hourly demand, the model results indicated that approximately 239,640 ., gallons of water will be pumped into the Owens Baker Storage Tank and 380,400 gallons into the - Miller Park Storage Tank. ~ 6.1.2 Maximum Daily Demand . The maximum daily demand was analyzed to determine whether the combined effort of the high r service pumps at the Clearwell and at the South and North Reservoirs are adequate to provide ! the maximum daily demand. Table 6-2 lists the results of the model analysis for maximum daily demand. , TABLE 6-2 MAXIMUM DAILY DEMAND STORAGE HIGH SERVICE SYSTEM FACILlTlES FLOW RATE (GPM) PRESSURE (psi) Clearwell 3755 55 South Reservoir 3237 55 II North Reservoir I 4349 55 II The four high service pumps and three transfer pumps at the water treatment plant have adequate capacity to meet the maximum daily demand. The sum of the capacities of the four high service pumps (with a total capacity of 10,700 gpm) and the three transfer pumps (with a. maximum of 10,000 gpm) must be able to meet the maximum daily demand, which at present design conditions is approximately 11,319 gpm. Modeling results for the maximum daily demand indicated adequate pressures throughout the system above 40 psi. 6.1.3 Peak Hourly Demand The peak hourly demand was analyzed to determine whether the distribution system can draw flow from the storage tanks and meet the system demands at peak hour. The Owens Baker and Miller Park Storage Tanks pump water to the distribution system from 4:00 A.M. - 11 :00 A.M. and 5:00 P.M. - 8:00 P.M. daily. Table 6-3 lists the results of the model analysis for peak hourly flow conditions. 4057R007. BCA:07-24-92 6-2 .. ., 1 I TABLE 6-3. r ] ! PEAK HOURLY DEMAND I . ! STORAGE HIGH SERVICE SYSTEM FACILITIES FLOW RATE (GPM) PRESSURE (psi) Clearwell 2913 55 South Reservoir 3046 55 - North Reservoir 4347 55 ~ Owens Baker Tank 1559 47 - Miller Park Tank 3953 41 . ~ The four high service pumps and three transfer pumps at the water treatment plant have adequate capacity to meet the peak hourly demand. The sum of the capacities of the four high I, service pumps (with a total of 10,700 gpm) and the three transfer pumps (with a maximum of 10,000 gpm) must be able to meet the peak hourly demand, which at present design conditions r is approximately 16,000 gpm. The Owens Baker Repump Station was modeled with one pump in operation and the Miller Park Repump Station with two pumps in operation. - - Modeling results for the peak hourly demand generally indicated adequate pressures throughout I the system above 40 psi. HOWe"-e!L~eY..eral individl!aLareas.on thewest side of theseryice area . . ~w..PJ~s~u(esas IPW;:J,s 3~"ps!~. Exhibit 1, in Appendix E, indicates the pressures throughouT - r the service area for the peak hourly flow conditions. . r - The line work proposed for this area will alleviate the pressure deficiency under these conditions. . 6.1.4 Maximum Daily Demand Plus Fire Flow 0. Combination 1 For the present system under maximum daily flow conditions, a fire flow of 5,000 gpm was applied to the service area. This combination was considered the worst case because it included three fires that were strategically located in remote areas in the water service area and demonstrated the capacity of the overall system to meet a maximum 5,000 gpm fire demand. The three fires were located at single family residential sub-divisions in the water service area. E Th~!!!"stJ!.rftl()~ated in the NW Zone of t~e City showed inadequate pressures of approxi_rn..Citely 11 psi at the nodes where the fire was assumed. The second fire located in the NE Zone of the ( City showed no low pressure areas (Le., pressures were greater than 20 psi) for the required 1 ,500 gpm fire demand. The third fire located in the SW Zone of the City also showed no low , pressure areas for the required 1,500 gpm fire demand. See Figure 3-3, in Chapter 3, for fire locations. - i Table 6-4 lists the results of the model analysis for Combination 1. I 4057R007. BCA:07-24-92 6-3 ., . ""- TABLE 6-4 .t FIRE FLOW COMBINATION 1 . I IS STORAGE HIGH SERVICE SYSTEM FACILITIES FLOW RATE (GPM) PRESSURE (psi) Clearwell 2995 55 South Reservoir 3068 55 ...... North Reservoir 4838 55 - . , Owens Baker Tank 1530 48 ~ Miller Park Tank 3874 42 - . r ~ The liQ.~ .work proposed for this area in the N.W. Zone of the city will alleviate the pressur~ deficiency under these conditions. r,. b. Combination 2 For the present system under maximum daily flow conditions, a fire flow of 5,000 gpm was r applied to the central business district located in the historical section of downtown. The system - - was capable of delivering the recommended fire flow and no low pressure areas were observed. However, the pressure dropped to a low of 26 psi at the nodes where the fire was assumed. ,. t ~ Table 6-5 lists the results of the model analysis for Combination 2. i . r' I'- TABLE 6-5 L: ~ I FIRE FLOW COMBINATION 2 STORAGE HIGH SERVICE SYSTEM FACILITIES FLOW RATE (GPM) PRESSURE (psi) Clearwell 2724 55 South Reservoir 3064 55 North Reservoir 5162 55 EI Owens Baker Tank 1506 49 Miller Park Tank 3850 43 0 'E - (. 4057ROO7.BCA:07-24-92 6-4 ., .. "", !L:....l c. Combination 3 r For the present system under maximum daily flow conditions, a fire flow of 3,500 gpm was r - applied to the Delray Hospital. The system was capable of delivering the recommended fire flow and no low pressure areas were observed. However, the pressure dropped to a low of 26 psi at IL , the nodes where the fire was assumed. Also, pressures in the vicinity of the Defray Hospital were , between 26 - 36 psi. Table 6-6 lists the results of the model analysis for Combination 3. TABLE 6-6 J FIRE FLOW COMBINATION 3 - STORAGE HIGH SERVICE SYSTEM r~ FACILITIES FLOW RATE (GPM) PRESSURE (psi) ~ f Clearwell 2911 55 2690 to. South Reservoir 55 North Reservoir 3813 55 r Owens Baker Tank 1518 48 - - Miller Park Tank 3872 42 I r : f-c I . "d. Combination 4 r ,. ..-- For the present system under maximum daily flow conditions, cf1(re flow of 2,500 gpm was l -= I applied to the Del Aire Country Club - Club House, located in the.blW-lone of the water service area. The system was capable of delivering the recommended fire flow and no low pressure areas were observed. However, the pressure dropped to a low of 25 psi at the nodes where the fire was assumed. The pressures in the vicinity of the Country Club were observed to be approximately 30 psi. Table 6-7 lists the results of the model analysis for Combination 4. i EI .0 I ~E - ! j' 4057ROO7.BCA:07-24-92 6-5 .. 'r~. ::'~.\ II TABLE 6-7 d FIRE FLOW COMBINATION 4 ~ STORAGE HIGH SERVICE SYSTEM '1 l FACILITIES FLOW RATE (GPM) PRESSURE (psi) Clearwell 2566 55 South Reservoir 2485 55 I North Reservoir 3377 55 Owens Baker Tank 1509 49 Miller Park Tank 3868 42 //C b' t' 5 r \ l~' om Ina Ion For the present system under maximum daily flow conditions, a fire flow of 3,000 gpm was ,. applied to Atlantic High School located in the NW Zone of the water service area. According to Jhe model, the existing piping network and pumping storage capacities were not able to supply r the needed fire demand at-the school. ~.:-> I The proposed 0.5 MG storage tank in the N.E. Zone of the city, will ~upply the needed fire. ~', ,. '. ,'" '-. r demand under these conditions. : ,,' ; !,.: _ . " [ ',/'-' ~., (II. :"-"'" p....~- ,'",. C: 1....A' .:.' ':""'l f. Combination 6 ~: For the present system under maximum daily flow conditions, a fire flow of 2,500 gpm was F I applied to a 4-story multi-family building located in the NE Zone of the water service area. Accorging to the model, the existing piping network and pumping and storage capacities were not -abla~to suppiy the needed fire demand at the 4-story building. -- o.__.-,,~ The line work proposed for this area in the N.E. Zone of the City will alleviate the pressure .deficiency'under the~~- c~~~itions:. -- ~~-,_.-.- g. Combination 7 For the present system under maximum daily flow conditions, a fire flow of 4,000 gpm was applied to the industrial area located in the CE Zone of the water service area. According to the E model, the existing piping network and pumping/storage facilities were capable of delivering the recommended fire flow with no low pressure areas were observed. 0 Table 6-8 lists the results of the model analysis for combination 7. ,e , 4057Ra07.BCA:07-24-92 6-6 '. - = .. . .- TABLE 6-8 [ . FIRE FLOW COMBINATION 7 ~ ,. STORAGE HIGH SERVICE SYSTEM FACILITIES FLOW RATE (GPM) PRESSURE (psi) Clearwell 3379 55 ........ - South Reservoir 2939 55 " . North Reservoir 3613 55 :.f; Owens Baker Tank 1512 48 - ." Miller Park Tank 3861 42 r ~ h. Combination 8 ~. For the present system under maximum daily flow conditions, a fire flow of 3,000 gpm was applied to a 13-story condo high rise located adjacent to the beach on the SE Zone of the water r service area. Accq.rQ!rJ.9Jo..tbeJIl9del, t~e pressures dropped toalow of 4 psi at the nodes wh~re - - the fire was assumed and thus the system was not capable of providing the necessary fire flow. \. ' .. Table 6-9 lists the results of the model analysis for Combination 8. - : ( ~ ',~) ./ t: TABLE 6-9 l FIRE FLOW COMBINATION 8 r STORAGE HIGH SERVICE SYSTEM FACILITIES FLOW RATE (GPM) PRESSURE (psi) Clearwell 2346 55 South Reservoir 3236 55 North Reservoir 3334 55 Owens Baker Tank 1503 49 E 3885 42 C Miller Park Tank if ,!he line work proposed for this area will alleviate the pressure deficiency under these conditions. - l ~ 4057ROOl. BCA:O 7-24-92 6-7 l .. . 'rt~ __I i. Combination 9 t' ;. a~ For the present system under maximum daily flow conditions, a fire flow of 3,000 gpm was r applied to a low density multi-family building located on the NW Zone at Lake Ida and Military ~ Trail. According to the model, the existing pipe network and pumping and storage capacities were not able to supply the needed 3,000 gpm fire demand. 'j The line work proposed for this area will alleviate the pressure deficiency under these conditions. 6.1.5 Existina Improvements The modeling analyses show serious deficiencies in the network during peak hourly demand and maximum daily demand plus fire demand. The total system storage and pipe network cannot provide water to remote areas away from the reservoirs and storage tanks during key fire flow demands. ,. The proposed improvements necessary to reduce the deficiencies to meet the design criteria If during peak hourly demand and maximum daily demand plus fire flow demand are: , r CJ Loop the pipe network system to alleviate low pressures in the system I~' ~. "2. Add storage tanks to meet existing and future fire demand , .~ 3/ Install larger water mains to meet future flow requirements The computer model simulations for the existing demand conditions showed that the water distribution system requires the following improvements: ] . The transfer pumps at the Clearwell and the transmission main from the Clearwell to the I North and South Reservoirs needs to be split into two dedicated transmission lines. See \ Appendix D "Preliminary Study of Transmission System for North and South Reservoirs". ! . The Clearwell needs a total maximum high service pumping capacity of 9,200 gpm with the largest pump out of service. This capacity will be adequate for supplying the Miller Park Storage Tank and a proposed Storage Tank in the S.W. Zone of the City. This capacity of 9,200 gpm will require replacing the existing 1,500-gpm vertical turbine pump ,. I with a 3,500-gpm vertical turbine pump. . The North Reservoir needs a total maximum pumping capacity of 8,500 gpm with the largest pump out of service. This capacity will be adequate for supplying the Owens i Baker Storage Tank and a proposed Storage Tank in the N.E. Zone of the City. This rE capacity of 8,500 gpm will require replacing the three existing 2,500 gpm vertical turbine \ pumps with two 5,000 gpm and one 3,500 gpm vertical turbine pumps. I '0 . Two new storage facilities are required primarily to provide for adequate fire demands ~E throughout the water service area. These facilities will also provide additional storage for flow equalization and emergency reserve. \ .\ 4057R007. BeAO 7-24-92 6-8 .. OLci . The proposed storage tanks will consist of a 2.0 MG tank located in the S.W. Zone of the (- City and a 0.5 MG tank located in the N.E. Zone of the City. Both tanks will be filled ... during minimum demand conditions and pumped during peak demand conditions. r'- · The 2.0 MG Southwest Storage Tank requires two (2) 2,500 gpm pumps and one (1) ~ 1,500 gpm pump. These additions will provide 100 percent standby pumping capacity. 'I The 0.5 MG Northeast Stora.ge Tank requires two (2) 2,000 gpm pumps. These additions j will also provide 100 percent standby pumping capacities. · Two transmission mains to the proposed storage tanks will be needed. The Southwest Tank will be equipped with a 20-inch transmission main and the Northeast Tank will be -<1 equipped with a 16~inch transmission main. - ~I . Distribution mains throughout the water service area are needed to alleviate the low ~ pressure areas observed in the system during peak hourly demand and fire demand - conditions. Figure 6-1 shows the proposed arrangement for the pumping and storage improvements in the ~ service area. Table 6-10 summarizes pumping improvements and Table 6-11 summarizes t system storage improvements. .,11/ Once the proposed Level of Service I Improvements have been implemented into the City's water distribution system, there will be adequate pressures throughout the service area for the peak ~' hourly flow condition (please refer to Appendix E, Exhibit 2). Level of Service I and II Improvements are summarized in Chapter 7, "Master Plan". TABLE 6-10 J ~ !. PUMPING IMPROVEMENTS - LEVEL OF SERVICE II .1 CURRENT PROPOSED NET INCREASE HIGH SERVICE TOTAL TOTAL FROM CURRENT PUMPS (gpm) (gpm) (gpm) Clearwell 10,700 12,700 2,000 South Reservoir 12,000 12,000 -0- North Reservoir 7,500 13,500 6,000 'EL 01 VE ;0- I ., Ul ...~ -..G 4057ROO7.BCA:07-24-92 6-91 .. CHAPTER 7 MASTER PLAN 7.1 Proposed Improvements The proposed improvements for the City's water distribution system are divided into the following levels of implementation.: . Immediate Improvements, Level of Service I - (FY 91/92 - FY 92/93) . Median Improvements, Level of Service II - (FY 93/94 - FY 95/96) . Long-Term Improvements, Level of Service III (FY 96/97 - FY 99/2000) - . - 7.1.1 Pipe Network Improvements - Level of Service I The pipe network improvements recommended for Level of Service I implementation are: 1. Install a total of 2,930 L.F. of 16-inch transmission main from the intersection of N.W. 2nd Avenue and N.W. 15th Street to the proposed northeast tank. Start on N.W. 15th Street with 700 L.F. of 16-inch transmission main paralleling the existing 6-inch water main to Swinton Avenue, head north paralleling the existing 6-inch water main 250 L.F. Extend the 16-inch transmission main 1,080 L.F. on N.E. - 16th Street paralleling the existing 6-inch water main, head north on N.E. 3rd - Avenue 900 L.F. to the proposed northwest tank. Connections are to be made with the existing 16-inch water main on N.W. 2nd Avenue and the proposed northeast tank. This transmission main will only be used to supply water to the proposed northeast .. , . storage tank. ! \ \...~' ,'. - .:;.", , ~_" '.',,4 \ .(' = -' ( 2. Connect the existing 8-inch water main on Nesting Way Road in High Point of Delray West to the existing 12-inch water main on Military Trail. Approximately 250 L.F. of 12-inch water main is required. Jack and bore will be required under Military Trail. This connection will alleviate the pressure deficiency in this area during existing peak hour demand conditions. 3. Connect the existing 8-inch water main on Canal View Drive in High Point of E Delray West to the existing 12-inch water main on Atlantic Avenue. Approximately 860 L.F. of 12-inch water main is required. ~) This connection will alleviate the pressure deficiency in this area during existing (E peak hour demand conditions. - 4057RO 13. BCA:07-13-92 7 -1 - ., I I 7.1.2 Pumpina and Storaae Improvements - Level of Service II , ~ I The pumping and storage facility improvements for Level of Service II implementation are: [ 1. Construct 0.5 MG ground storage tank and booster station in the Northeast Zone I: of the city. The booster station requires two (2) 2,000 gpm pumps. These I additions will provide 100 percent standby pumping capacity. The city owns a parcel of land in the Northeast Zone of the city. It is , recommended that the tank be constructed on this site. ,.. The addition of this 0.5 MG ground storage tank and booster station will provide I needed water for fire demands and additional storage for build-out (year 2000). ~ - Refer to Figure 6-2 for graphical representation of projected water storage requirements in water service area. -~ 2. Increase the North Reservoir pumping capacity by 6,000 gpm. This requires replacing the three existing 2,500 gpm vertical turbine pumps with two 5,000 gpm and one 3,500 gpm vertical turbine pumps. These pumps will be required to provide water to the proposed 0.5 MG N.E. storage tank. 3. Increase the Clearwell pumping capacity by 2,000 gpm. This requires replacing - - the existing 1,500 gpm vertical turbine pump with a 3,500 gpm vertical turbine pump. 7.1.3 Pipe Network Improvements - Leve! of Service II The pipe network improvements recommended for Level of Service II implementation are: -'!:. = 1. Install 1 ,750 L.F. of 12-inch water main on Barwick Road from north of High Point Boulevard to Lake Ida Road. Tie-ins are to be made with the existing 18-inch water main in the vicinity of High Point Boulevard and with the proposed 12-inch water main on Lake Ida Road. The installation of this water main will supply water and alleviate pressure cje~i9iel]Qi.~~uring.finHi~rT1~!.lds in the N.W. zone of the water service~m~-a:.--Refer' to fire demand condition 9 on page 6:8. 2. Install 2,650 L.F. of 12-inch water main on Lake Ida Road from Barwick Road to ~I Military Trail. Tie-ins are to be made with the proposed 12-inch water main on Barwick Road and the existing 12-inch water main on Military Trail. 0 The installation of this water main will supply water and alleviale_ gfessure rE deficiencie~_Quring fire demands in the N.W. zone of the water service area. ~.. __..... - .. '.. .N'_ _'_'_.___.__ _.'- _ __ ._ - 4057R013.BCA:07-13-92 7-2 - ., .. lJ 3. Install a total of 4,920 L.F. of 12-inch water main along Andrews Avenue from the - ," intersection of Andrews Avenue and Atlantic Avenue to Andrews Avenue and N.E. .- 8th Street. Start with 2,730 L.F. of 12-inch water main on Andrews Avenue from /:":- r Atlantic Avenue to Beach Drive. Jog 2,190 L. F. of 12 -inch water main along - .. Beach Drive and continue northward on Andrews Avenue to N.E. 8th Street. ~ Connections are to be made with the existing 16-inch water main on Atlantic '11 Avenue at Andrews Avenue and the existing 8-inch water main on Andrews Avenue at N.E. 8th Street. The installation of this water main will ~Iy' _'!Y.ater and alleviate pressure deficienc::t~l?_g!:J(il}g_fir~tderD~d~pi!, theN..E. zone of the.water serVice are~._..Befer to-fire demand condition 6 on page 6-6. 4. Install a total of 2,800 l.F. of 12-inch water main from the proposed 0.5 MG N.E. storage tank to the existing 8-inch water main located in the vicinity of Atlantic High School. Start with 2,300 L.F. of 12-inch water main from the N.E. Storage Tank to Decarie Street. Extend the 12-inch water main 500 L.F. through Atlantic ; High School and tie into the existing 8-inch at Atlantic High School. The installation of this water main will supply water to the N.E. zone of the water service area and will q:ll.~"iatepressure deficiencies.during fire demands at Atlantic I High $p..IJ.Qo.L .Refer to fire demand condition 5 on page 6-6. J -,.... -.--' 5. Install 940 L.F. o~nch water main along Barwick Road. Connections are to be made with the exis Ing 12-inch water main on Barwick Road and with the proposed 12-inch water main on Ridgewood Road. This line includes approximately 100 : L.F. of canal crossing. , '1 The installation of this water main will supply water and allevi~tELPr~ss':!.re ./ 'j deficiencies during fire demands in the N.W:.z.cme Qtt.h~'~ater service are....a. Refer ~."~\ to fire demand condition 1 on page 6-3. p ==1 i 6. Install 2,550 L.F. of 12-inch water main from the intersection of Barwick Road and Ridgewood Road to the intersection of Military Trail and Ridgewood Road. Connections are ~ made with the existing 12-inch water main on Mllllary Trail and the propose 10-' ch water main at the Barwick Road and Ridgewood Road intersection. This Ine includes approximately 100 L.F. of canal crossing. The installation of this water main will supply water and alle~gtEt. pressure -- deficiencies during fire demands in the N.W. z(m~ of the water service area. Refer to fire demand condition 1 on page 6-3. . E 7. Install 2,400 L.F. of 20-inch main on Dover Road from Lowson Boulevard to Linton Boulevard ~']L th~_ existing 1 O-inch w.~.ter. ...main on. DOY.EtL__RQad. ':> Connections are to be made with the existing 24-inch, 10-inch, and 12-inch IE junction on Lowson Boulevard, with the proposed 20-inch main on Linton Boulevard at Dover Road (see item 12 below), and with the proposed 12-inch water main on Sherwood Boulevard at its intersection with Dover Road. - 4057R013.BCA:07-13-92 7-3 ., .. - l 1 The installation of this water main will supply water to the western side of the = .' service area and supply water to the proposed 2.0 MG southwest storage tank on , German Town Road. I I 8. Install a total of 1,900 L.F. of 20-inch main on Linton Boulevard to the S.W. ~ Storage Tank. Start on Linton Boulevard with 640 L.F. of 20-inch main to the intersection of Spanish Wells Drive and Linton Boulevard, head south paralleling the existing 10-inch water main 1,100 L.F. Extend the 20-inch main 160 L.F. to the S.W. storage tank. Connections are to be made with the proposed 20-inch main at the intersection of Dover Road and Linton Boulevard, the existing 10-inch water main on Linton Boulevard at its intersection with Spanish Wells Drive, the ~ existing 12-inch water main on Germantown Road and to the proposed 2.0 MG storage tank on Germantown Road. .. ::: 7.1.4 PumpinQ and Storaae Facilities - Level of Service "' The pumping and storage facility improvements recommended for Level of Service III implementation are: 1. Construct 2.0 MG ground storage tank and booster station in the southwest zone of the city. The booster station will require two 2,500 gpm pumps and one 1,500 gpm pump. These additions will provide 100 percent standby pumping capacity. Tl:LE;LQity$".()l,lld _purchase_ ~. p~rc~LQf @Oq th~t is approximately 200 ft. X 200 ft. in - the vicinity of the Spanish Wells Development -iocate(:fJusfwesfon~~eml~mfoYm - Road for construction of the tank. This storage facility is required primarily to provide for adequate fire demands throughout the water service area. This storage facility will also provide additional > . storage for flow equalization and emergency reserve. Refer to Figure 6-2 for ~ 'l_~. graphical representation of projected water storage requirements in water service ~ area. 2. Achieve 17,000 gpm total high service capacity at the Water Treatment Plant. This requires replacing the existing 2,500 gpm and 3,200 gpm vertical turbine pumps with two 5,000 gpm vertical turbine pumps. \ This capacity will be adequate for supplying water to the Miller Park storage tank, proposed southwest storage tank, and supplying water to the service area through build-out conditions. 7.1.5 Pipe Network Improvements - Level of Service I II EI The pipe network improvements recommended for Level of Service III implementation are: ....j 1. Install 1,000 L.F. of 16-inch main from the. intersection of Germantown Road and IE Verona Woods to the southeast entrance of the Spanish Wells development. This line would be used as a transmission main to the .proposed S.W. Storage Tank. Connections are to be made with the existing 16-inch water main on Germantown - Road. 4057RO 13.BCA:07-13-92 7-4 - - '.' I 1 > . I Do not disconnect the 16-inch main from the 12-inch water main at the entrance ~ of Verona Woods. These connections alleviate the low pressures and provide , water during fire demands in the single family residential district in Del Aire Golf ," f Club. -' ~ 2. Install 5,430 L.F. of 12-inch water main on Sherwood Boulevard from Dover Road 1 to Military Trail. Connections are to be made with the proposed 20-inch main on Dover Road and the existing 12-inch water main on Military Trail. I The installation of this water main will provide additional water for future demands i in the S.W. zone of the water service area. ,. , 3. Install 1,580 L.F. of 10-inch water main on Seagate Drive from Bauhinia Road to ,. '"" Gasuarina Road. Connections are to be made with the existing 12-inch, 6-inch - and 6-inch junction at the intersection of Seagate Drive and Bauhinia Road and -;:with the existing 10-inch water main on Gleason Street. ..-~ ,", - _ (€..-J-{ ....L7" .., (;1: J/\~.:/ > (The installation of this water main will alleviate pressure deficiencies in this area - ') during fire demands. ~ 4. Install a total of 7,030 L.F. of 12-inch water main from Federal Highway northbound and S.E. 6th Street to N.E. 3rd Street and Federal Highway southbound. Start with 700 L.F. of 12-inch water main on Federal Highway northbound to S.E. 4th Avenue. Continue 12-inch water main again for 4,080 L.F. - along S.E. 7th Avenue until N.E. 3rd Street. Run 12-inch water main 300 L.F. east - to N.E. 8th Avenue and then turn north on N.E. 8th Avenue and continue 12-inch water main for 700 L.F. to N.E. 3rd Street. Run remainder of 12-inch water main 1,000 L.F. along N.E. 3rd Street to Federal Highway southbound. Connections are :1 to be made with the existing 16-inch water main on Federal Highway northbound 1- '; .- --i and the existing 16-inch water main at N.E. 3rd Street and Federal Highway ~ ~ ....!:..J southbound. ~ .... The installation of this water main will loop the pipe network and will alleviate r '\, .'1 p.!'.~_ssure deficiencies in this area during fire demands. .,' ...r , " ... 5. Install 2,050 L.F. of 16-inch water main on Lake Ida Road from the intersection of Congress Avenue and Lake Ida Road to Davis Road. Connections are to be made with the 20-inch and 12-inch junction at the La~e Ida Road and Congress Avenue intersection. r .. ,. \.-;, ~. The installation of this water main will loop the pipe network and will alleviate l. pressur(3 deficLel.lc;ies in this area during future peak hour demand. EL 6. Install a total of 6,250 L.F. of 12-inch water main along Davis Road and Lone Pine O~ Road. Start with 3,550 L.F. of 12-inch water main along Davis Road from Lake IE Ida Road to Lone Pine Road. Continue 2,700 L.F. west on Lone Pine Road. Connections are to be made with the proposed 16-inch water main on Lake Ida Road and with the existing 6-inch water main on Satin Leaf Court. - 4057R013.BCA:07-13-92 7-5 <, .. c 1 . j rj-'; The installation of this water main will loop the pipe network and will alleviate = \ ')j-r ' . eress_~~~_~~ficiencies in this area during peak hour demand. f- r- r ' f " The recommended improvements and dates of implementation are indicated on Figure 7-1, which c. represents the proposed Master Plan for the water distribution system of the City of Delray Beach s: through the year 2000. , 7.2 Project Cost Opinions Preliminary construction cost opinions were developed for the water system improvements recommended in this Master Plan. The City should be aware that the cost opinions developed .,.. \ I for this report are to be used only for general planning purposes. Once the scope of work for " -. each item listed is developed, a more detailed cost opinion will be determined. Variation from the 8 Master Plan cost opinion is to be expected. All cost opinions developed herein are in 1992 - dollars and do not include land acquisition unless noted. J6 7.2.1 Level of Service I - Immediate Improvements I The cost opinions for the recommended Level Of Service I Immediate Improvements are identified I in Table 7-1. 7.2.2 Level of Service " ~ Median Improvements The cost opinions for the recommended Level of Service" Median Improvements are identified in Table 7-2. 7.2.3 Level of Service III - Lona-Term Improvements ~ The cost opinions for the recommended Level of Service III Long-Term Improvements are identified in Table 7-3. ... ~ I I - - - 'E - 4057R013.BCA:Ol-13-92 7-6 ., . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM i qP - MEETING OF MAY 25. 1993 CONTRACT WITH PALM BEACH COUNTY PROPERTY APPRAISER'S OFFICE DATE: May 21, 1993 This item is before you to approve an agreement with the Palm Beach County Property Appraiser's Office for the collection of non ad valorem taxes. House Bill 1637, which took effect on October 1, 1992, required the Property Appraiser's Office to list on its Notice of Proposed Ad valorum Taxes, the non ad valorem taxes which are proposed for the property owner. This proposed agreement sets forth the City's and Property Appraiser's responsibilities with regard to this change. A detailed staff report is attached as backup material for this item. Recommend approval of the contract with Palm Beach County Property Appraiser's Office for the collection of on ad valorem taxes. .~ [ITY OF DELIAY BEA[H CITY ATTORNEY'S OFFICE c"..' ~~W hi .\\TC'l'L . Dlll,A), BEACH, FLORIDA 33444 F:\CSI\!liJ: .~()i' =-\":-,-.:.....::;.:: Wr~t_r.. D~r_c~ L~n_ (407) 243-7090 MEMORANDUM Date: May Il, 1993 To: David Harden, City Manager Susan A. Ruby, City Attorney Joseph Safford, Finance Director Alison MacGregor Harty, City Clerk From: David N. Tolces, Assistant City Attorne~ Subject: Notice of Non Ad Valorem Assessments on Notice of Proposed Property Taxes I attended a meeting of the non ad valorem tax districts at the Palm Beach County Governmental Center on May 6, 1993. The purpose of the meeting was to discuss how the Property Appraiser's Office would handle the requirements of HB 1637 which to~effect October 1, 1992. (Copy attached). Pursuant to HB 1637, the Property Appraiser's Office is now required to list on its Notice of Proposed Ad valorem Taxes, the non ad valorem taxes which are proposed for the property owner. I have attached a copy of the draft bill which the Property Appraiser's Office would be sending out. At the bottom of the bill is the location where the non ad valorem assessments would be listed. According to Dorothy Jacks, intergovernmental liaison for the Property Appraiser's Office, the rate information is to be provided to the Property Appraiser's Office by August 1, 1993 on electronically compatible medium. This information is in addition to what the City provides to the Tax Collector by September 15, 1993. The information provided to the Property Appraiser's Office does not have to be the final tax assess- ment, but can merely be the proposed assessment. The one year and one time cost for providing this information and updating the computer system is about $25,000 in order to accomplish this for all of the non ad valorem taxing districts. According to Ms. Jacks, this results in a cost of app~oximately $.03 per parcel. There was discussion in the meeting as to whether or not HB 1637 requires that the County pick up the cost of updating the computer system and data base, or if the ., May 11, 1993 Page 2 non ad valorem taxing districts are responsible for picking up the cost. According to the Department of Revenue, the County is authorized to seek reimbursement for the costs from the non ad valorem taxing districts assuming that there is a contract entered into between the Property Appraiser's Office and the local taxing districts. Due to the need for the placement of the non ad valorem taxing districts proposed taxes on the form, a new contract between the Property Appraiser's Office is proposed. I would like to place the new contract on the City Commission agenda for May 25, 1993. Please provide me with any comments you might have regarding this matter. Please call if you have any questions. Thank you for your assistance. DNT: sh Attachment cc: Becky O'Connor, Treasurer taxes.dnt -~- ., n ... 0 . .. . ..., .. '" I- "'" :iA.J .... . 0 .... t"'l ... r .. z ~ .. XI N 0 .. ... r- .. r- r- C . M 0 M lG C ., :J . . 0 0 '" > ... Q. " .. IC '" '" 0 :J 1II . " 0 . .. ... .. < . . :J " . . . ... . ., 0 ... " .. ... A. A- .. 0 :J . .. c: ., ... ... . I III ., - .,. :J 0 0 . ... .. . It 'C III :J . A- . . 11' . . ... ... . .. . ~. A- < . . ~ ':I' :J . .. .. . . . ... ... ... " . ., ., 0 < , ., " ... 0 0 .. . CI . ... < . . III . ... . . ... .. t ... n A- .. , 0 . .. ... .. . .. ... ... ... :J 'C 1II . ." . " < . . , . ... .. . .. . .. ... .. c: '" . . ~. . ~ .... .. A- 0 IC . . . .. . . . .. . .. . . .. . ~. 0 . . ~. , 0 . '" . . .. < It . < . . ... ':T 0 .. . .. A- ., ':I' .. 0 C ... n Q. . . < ... :J 0 . lr ... .. lG c: en ... A- :r , ::0: I .. ... ... ... ... .. II' " ... ::l :J 0 '< .. .. CI ., ~. .... . '< . 0- ~. ... :I ... ~ ... 0 0 '< :J ., -oJ ... ., n 0 . :J ... < .., 0 c: ... .... ... .. . ~ .. 0 ... ... ... .. " .. n 0 , ., ... . :J to M . Q. " " IC " - ., t c It - . ... . .. A- ! . . n III ~ .N N N N N N N N N ... .. ... ... .. .. .. ... ... ... 0 ... ..., .. \It I- Cot N ... . .. . ..., .. .. .. III N ... . .. . ..., .. \It I- '" N ... C .... M ... .. z ~ .. XI ... 0 r- C r- r- . M 0 III C ., r ... Q. . . ... . .. . ... .. ... I c: ., ., - . " .. 11' J . " ~ ., . =- t I ... . .. .. t - ! .. ... . ... ~. . i 0 ., . Q. . . i '" :z: '" .. I .... .. 0- ... g>> -oJ . .. 0 .... r . . .. " ., 1"1 . .... :I t .. lQ ., .... 0 Q. .. It ... .. .. ... N '" ... . A- ! . .~ . A G R E E MEN T THIS AGREEMENT made and entered into this _ day of , 1993, by and between Gary R. Nikolits, as Palm Beach County Property Appraiser, hereinafter "Nikolits", and DELRAY BEACH STORMWATER MANAGEMENT ASSESSMENT DISTRICT, hereinafter "Local Government" , WHEREAS, Local Government has elected under section 197.363 ( I) , Florida Statutes, for the collection of its non-ad valorem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments as provided for in section 197.3632, Florida Statutes; and WHEREAS, Nikolits and Local Government are required to enter into an agreement one with the other pursuant to section 197.3632(2), Florida Statutes, for the providing by Nikolits to Local Gov-ermnent of the information outlined in section 197.3632 (3) (b) , Florida Statutes; and WHEREAS, House Bill l637 was enacted by the Florida Legislature in the 1992 Session to take effect October 1, 1992, to provide that non-ad valorem assessments be set forth in the Notice of Proposed Property Taxes for Palm Beach County; NOW, THEREFORE, in consideration of the following covenants, conditions and promises the parties agree as follows: 1- The above representations are true and correct. 2. Nikolits is entering into this Agreement without any determination that Local Government is qualified to collect its non-ad valorem assessments by the uniform method, and Local Government will indemnify and hold Nikolits harmless from any " .. . challenge thereto. 3. Nikolits will provide to Local Government the information described in Section 197.3632(3) (b), Florida statutes, in compatible electronic medium by June 1, 1993. 4. Local Government levying and collecting non-ad valorem assessments pursuant to Section 197.3632 will provide to Nikolits the assessment rate expressed in dollars and cents per unit of assessment, the associated assessment amount and the purpose of the assessment, extended against each parcel within the boundaries of Local Government in compatible electronic medium by August I, 1993. 5. Nikolits will utilize the information provided by Local Government further to paragraph 4 hereinabove in preparing the notice of proposed property taxes pursuant to Section 200.069, Florida statutes, and, in addition to the information required in the notice re~ired by section 200.069, Florida statutes, Nikolits shall include the non-ad valorem assessments levied pursuant to section 197.3632, Florida Statutes, as separate, itemized entries. 6. Additionally, Nikolits agrees to make available to Local Government an additional list of the information described in section 197.3632(3) (b) , Florida Statutes, shortly before the September 15, 1993 certification date for Local Government to reflect the changes to the assessment roll between said date and June 1, 1993. 7. In return for the providing of the information as outlined in Paragraphs 3, 4, 5 and 6, hereinabove Local Government agrees to reimburse Nikolits, in accordance with section 197.3632 (2) , Florida Statutes, for the necessary administrative ., . costs incurred in providing the information. 8. The parties recognize Nikolits processes changes to the assessment roll through a procedure known as Errors and Insolvencies (E & I's). Nikolits agrees to provide a copy of each E & I processed to Local Government. The parties recognize Local Government has a process to make changes on its assessment roll. Local Government agrees to provide Nikolits with information in written form, of any changes it makes. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year above first written. Local Government By Gary R. Nikolits, as Palm Attest: Beach County Property Appraiser ------. .~ ., ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i C1c; - MEETING OF MAY 25. 1993 TEMPORARY USE AGREEMENT WITH LINTON CENTER PARTNERS DATE: Ma y 2 1, 1993 This item is before you to approve a temporary use agreement with Linton Center Partners for parking in conjunction with the Fourth of July celebration. The parking lot would be used by those individuals wishing to ride the shuttle bus to the beach during the July 4th fireworks display. Pursuant to the agreement, the City will be responsible for cleaning the parking area after the event. The City Attorney's office has reviewed the agreement and recommend approval. Recommend approval of the agreement with Linton Center Partners for use of their parking lot in conjunction with the Fourth of July celebration. ., .. CIT~/ TI]R~.,jE\(' S OFFICE TEL No. 407 278 4 755 ~...1a~ 19,93 9: 18 P.02 . . [IT' DF DELHA' BEA[H CITY ATTORNEY'S OFFICE 20il NW 1,( A\,[;\UE . DELRAY DEACH, FLORIDA ]3444 fi\CSJMIL.c ~()7/~;,....<n:;5 W~L~.~._ D~~.Q~ L~n_ (407) 243-7090 MEMORANDUM Date: May 18, 1993 To: City Commission From: David N. Tolces, Assistant City Attorn~ Subject: Temporary Use Agreement with Linton Center Partners for Parking on July 4, 1993 --,- The atta.ched agreement is between the City and Linton Center Partners. Linton Center Partners owns the property at the southea8t corner of Linton Boulevard and Federal Highway. The City will be using the parking lot at Linton Center in order to allow people to park their cars and ride a bus to the beach for the July 4th celebration on the beach. Pursuant to the agreement, the City will be responsible for cleaning the parking~rea after the event. Our office recommends approval of the a9~ement with Linton Center. If you have any questions, please call. DNT:sh Attachment cc; David Harden, City Manager Joseph Weldon, Director of Parks and Recreation Le~ Graham, Risk Manager il.1ntan.dnt. CITY RTTORNEY'S OFFICE TEL ~.jo. 407 278 4755 May 19,93 9: 19 F' .03 . . TEMPORARY USE AGREEMENT THIS AGREEMENT, made and entered into this day of - , 1993, by and between LINTON CENTER PARTNERS, hereinafter referred to as "Linton Center" and the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as "City". WIT N E SSE T H: WHEREAS, Linton Center is the owner of certain real property in Palm Beach County, Florida, said property (the "Property") is located at 1801 south Federal Highway, Delray Beach, Florida; and WHEREAS, city has requested the temporary use of the parking lot areas located on the property in conjunction with its Fourth of July celebrations; and WHEREAS, Linton Center 1s willing to allow City to use said parking lot areas for the purpose hereinafter defined. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) -aM other good and valuable considerations, receipt and sufficiency of which 1s hereby acknowledged, Linton Center hereby grants to City, and City hereby accepts the use of the premises hereinafter defined upon the following terms and conditions: , ARTICt.! I BASIC PROVISIONS Section 1.01 Premise.; The premises subject to this Agreement consists of the area at Linton Center, located at 1801 south Federal Highway, Delray Beach, Florida. Sectlon 1.02 Length of Term and Commencement Date. The term 0 f this agreement shall be for a period of one ( 1 ) day which shall commence at 9:00 a.m.,.July 4, 1993 (the "Commencement Date") and shall expire at 12:00 a.m. , July 5, 1993. -1- CIT~ RTTORNEY'S OFFICE TEL t~o. 407 278 4 755 ~'1al~ 19,93 9: 19 P.04 . . Section 1. 03 Rent. The use of the premises by City shall be on a rent free basis. ARTICLE II CONSTRUCTION OF PREMISES Section 2.01 Acceptance of PremiaeB. City certifies that it has inspected the premises and accepts same "as is", in its existing condition of the Commencement Date of this Agreement. Section 2.02 Alterations. City shall not make or permit any permanent improvements, additions, modifications or altera.tions whatsoever to the premises. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY Section 3.01 Use ot Premises and Hours of ?perat1on. City shall use the premises solely and exclusively for vehicle ~king in conjunction with the City's Fourth of JUly celebration. All parking spaces shall be vacated by July 5, 1993. Section 3.02 Surrender of Pram1ses. .:I r upon termination or expiration of this Agreement, City, at its sole cost and expense, shall remove all of its personal property from the Premises and shall surrender the Premises to Linton Center in the same condition the Premises were in as of the Conunencement Date of this Agreement, reasonable wear and tear excepted. ARTICLE IV RBPAIRS AND MAINTENANCE OF PREMISES SectJ.on 4.01 ResponsIbility, of City, All portions of the Premises shall be kept in good repair and condition by City. At the end of the Term of this Agree- ment, C!~y shall deliver the premises to Linton Center in good -2- - tIT~ ATTORNEY'S OFFICE TEL l'~o. 407 278 4755 t'.1BI:J 1'9,'93 q: )(1 P. CIS . . repair and condition as specified herein. City will remove all trash a.nd debris on property and will replace any damaged shrubs located on the outside border of the parking lot. The Ci ty has the right to inspect the property pr ior to July 4, 1993 in order to note any shrubs which may already be in a damaged state. . Sect10n 4.02 Indemnification, To the extent permitted by law, the City agrees to hold harmles6, save, defend, and indemnify Linton Center, its agent8, employees, and officials from all claims, suits and actions of any nature arising out of its use of Linton Center's property for parking purposes during the duration of this agreement. ARTICLE V MISCELLANEOUS Section 5.01 Entire Agreement. This Agreement and any Exhibits att:.ached hereto and forming a part thereof as fully set herein, constitute all agreement{i, condi tionfs, and understandings between Linton ....... Center and City concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon Linton Center or City unless reduced to writing and signed by them. Section 5.02 Notice.. Any con8ents, approvals and permissions by Linton Center ~hall be effective and valid only if writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt reque6ted, addressed: (a) If to Linton Center at: Ms. Fran Lieberman Linton Center Partners 1801 S. Federal Highway, Suite 3202 Oelray Beach, Florida 33483 -3- - CIT~ ATTORNEY'S OFFICE TEL t.~o. 407 278 4755 t.'1ol:J 19,93 SJ: 21 P . elf, . . (b) If to City at; City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Section 5.03 Waiver of Jury Trial. The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by either of the parties hereto against the other in connection with this Agreement. Seotion 5.04 Governing Law. This Agreement shall be governed by and interpreted according to the laws of the state of Florida and venue shall be in Palm Beach County, Florida. Section 5.05 Time of E..enee. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. Section 5.06 S8Vr8F.!lp111 ty. If any term of this Agreement, or the application thereof to any ~on or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of th1s Agreement, shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. CITY OF DELRAY BEACH, FLORIDA LINTON CENTER PARTNERS By: By; Thomas Lynch, Mayor (Print Name) ATTEST: WITNESSES: Alison MacGregor Harty --.'.. City Clerk (Type or print name) -4- ,:-::T\ M E'y' , S OFF I CE TEL No. 407 278 4 755 ~..la':l 19,93 9:21 P. Cl7 . , Approved AS to From STATE OF and Legal Sufficiency: COUNTY OF ~r ~ The foregoing instrument was David N. Tolces, Esq. acknowledged before me this Assistant City Attorney day of , 1993, by of a corporAtion, on behalf of the corporation. He/She ia personally known to me/or has produced 85 identifi- cation and did (did not) take An oath. Signature of Notary Public - State of Florida Print, Type or Stamp Name of Notary Public State of County of -. -" The foregoing instrument was acknowledged before me this day of , 1993 by on behalf of -----_._~--.............., , a partnership. He/she is personally known to me or has produced a5 identification and did (did not take an oath. Signature of Notary Public - State of Florida Print, Type or Stamp Name of Notary Public 41;.hj>.lly...g~ -5- , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER81'1 SUBJECT: AGENDA ITEM * ClH - MEETING OF MAY 25. 1993 STAY OF ENFORCEMENT PROVISIONS/NEWSRACK ORDINANCE DATE: Ma y 2 1, 1993 This item is before you to extend, until June 30, 1993, the period of time during which the newsrack ordinance will not be enforced. This extension is necessary in order to allow the newsrack ordinance to be placed on a workshop agenda for discussion and for the preparation and processing of a revised ordinance following that meeting, if necessary. Recommend an extension, until June 30, 1993, of the period of time during which the newsrack ordinance will not be enforced. " <-S-:ll/)' (~r-v.-- v [ITY OF DELRAY BEA[H CITY ATTORNEY'S OFFICE ~uu !\\V is! ,\\ L!\l'E . DELRAY BEACH, FLORIDA .1:1.;-\4 F,\CSI!\!II.F ~iI;'2;S."7'5 Wr~t_r._ D~r_ct L~n_ (407) 243-7090 MEMORANDUM RECEIVED Date: May 17, 1993 MAY'8 199J CITY M To: City Commission ANArJ{:Q',\ OFF . .'. ICE From: David N. Tolces, Assistant City Attorne~ Subject: Revisions to Newsrack Ordinance The City Commission, at its April 27, 1993 meeting, granted an extension of time during which the news rack ordinance would not be enforced. The Commission granted an extension of time until May 25, 1993. Following another meeting with the newspaper representatives, and Commissioners' comments, it is suggested that this item be placed on a workshop agenda in order to clarify some of the changes which are to be made to the newsrack ordinance. Therefore, at this time it is necessary that ........... extension the enforcement abatement we -Tequest an on period until after a workshop meeting can be held and an ordinance can be passed. It is anticipated that the news rack ordinance will be on your June 8, 1993 meeting. Therefore, the enforcement abatement should be extended until June 30, 1993. This would allow for a workshop meeting to be held, the ordinance presented to the Planning & Zoning Board for review, and two readings before the City Commission. If you have any questions regarding this item, please call. DNT: sh cc: David Harden, City Manager Lula Butler, Director of Community Improvement David Kovacs, Director of Planning & Zoning Cheryl Leverett, Executive Assistant newsrac.dnt ., , . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~r- - MEETING OF MAY 25. 1993 BID AWARD AND CHANGE ORDER NO. l/RIC-MAN INTERNATIONAL DATE: May 21, 1993 This item is before you to award the bid for the Sanitary Sewer Rehabilitation project for Lift Station Basins 08, 19 and 32, in the amount of $448,870 to Ric-Man International and to consider a change order in the amount of $45,719.99 which also extends the contract completion date by 15 days to add general requirements, traffic maintenance, field engineering and T.V. record inspection mark-ups to the contract and to line three manholes along Andrews Avenue. The mark-ups associated with the addition of general requirements, traffic maintenance, field engineering and T. V . record inspection to the contract are in accordance with the Measurement and Payment section of the Specifications. The consulting engineer, PEe, has checked this amount and confirmed that it does not materially change the fact that Ric-Man is the low bidder. In addition, the lining of the manholes is being added to the contract to insure the structural integrity of these manholes prior to beginning the Andrews Avenue reconstruction project. A detailed report by the consulting engineer is attached as backup material for this item. Recommend approval of the award of contract to Ric-Man International in the amount of $448,870 for the Sanitary Sewer Rehabilitation Project and approval of Change Order No. 1 in the amount of $45,719.99 and extending the contract completion date by 15 days; with funding from Water and Sewer Renewal and Replacement Manhole Rehabilitation (Account No. 442-5178-536-61.84). ., , 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 enter into a Contract with Ric-Man International, Inc to Construct the Sanitary Sewer Rehabilitation for Lift Station Basins 08, 18 and 32 - Contracts 1, 2, and 3 (Project 92-22). The Contract amount is $448,870.00. Also find enclosed Change Order #1 for an add amount of $45,719.99. This Change Order includes a net $28,719.99 add for General Requirements, Traffic Maintenance, Field Engineering and TV Record Inspection mark-ups associated with the award of Contracts 1, 2 and 3. This mark-ups are in accordance with the Measurement and Payment section of the Specifications. Our engineering consultant, Kent Veech with PEC, has checked this additional amount. He confirms that it would not materially change the fact that Ric-Man would still be the low Bidder even after applying the similar mark-ups to the other Bids received. Change Order #1 also includes the lining of three manholes along Andrews Ave (#1, #2 and #31) for a net add amount of $17,000.00. This work is being added to assure the structural integrity of these structures prior to starting the upcoming Andrews Blvd reconstruction Project now being designed by Schorah and Associates. Change Order #1 also includes a fifteen (15) day calendar day extension for the above modifications. Change Order #1 is being presented in conjunction with the Contract award as it is an integral part of the award as discussed above. Funding Source shall be 442-5178-536-61.84. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of the Original Contract in the amount of $448,870.00 and Change Order #1 in the amount of $45,719.99. Department Head ~ Q IJ ~ A ~ Signature: ~ ~ ....~e:>~ .~ t6 1''51 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: YE 1NO Funding alternatives (i~ltiatJe) Account No. & DeS9F~Ptic:.n4~;t - Srlg -S?L, .L" -~t .. .. , . ..4 ttt.E '12EHAt3 Account Balance 1 iJ/ ,irt..-;,Z/ ~g City Manager Review: f!}/NO fY( Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ., rZA ())/"rz'j) !-t~,) k_C . . PEe PROFESSIONAL ENGINEERING CONSULTANTS, INC, May 6, 1993 DB-06/2.1 2-1.0 Mr. William Greenwood Director of Environmental Services City of De1ray Beach 434 South Swinton Avenue De1ray Beach, Florida 33444 Re: Sanitary Sewer System Rehabilitation - Lift Station Basins 008, 018 and 032 - Contracts 1, 2, 3 and 4 Dear Mr. Greenwood: On April 18, 1993, the Contractor tentatively awarded the above referenced Contracts 1, 2 and 3, Ric-Man International, Inc. brought to our attention that there had been no provision in the Bid Schedule for compensation of Division 1 work items (General Requirements, Traffic Maintenance, Field Engineering and TV Record Inspection) as identified in the Measurement and Payment Section of the Contract Documents. In the Contract Documents, the "Measurement and Payment Special Requirements" (page 01025-18), identify these bid items to be "distributed based on the percentage of the total value of work performed to date proportioned to the original contract amount, thereby providing reduced compensation for reduced work performed (Le., 95 % of the original contract amount) or increased compensation for increased work performed (i.e., 110% of the original contract amount)". The bid schedule was designed to give the City the ability to award segmented portions of the work (miscellaneous bid items) based on low bids. The bid schedule provided separate bids utilizing three (3) different rehabilitation techniques and were categorized as "Miscellaneous Bid Items" to segregate this work from the Base Bid portion of the Proposal Form. During the evaluation of the bids, PEC inadvertently omitted these associated Division 1 costs in our recommendation of award to the City of Delray Beach. At the City's request, PEC re-evaluated all bids for Contract 3 for the Division 1 increase adjustment to determine if the inclusion of this additional compensation would have an effect on Ric-Man International's ranking as prospective low bidder for that contract. As shown below, even if the adjustment is not made to the other bidder of Contract 3 (Gianetti Contracting Corp., Inc.), Ric-Man International is still $50,603.51 lower. engmeers planners sun'evors 200 East Robln~"n Street . S!Jite : 5E;O . ' r; ~~ :~ ., Mr. Bill Greenwood DB-06 May 6, 1993 Page 2 BID COMPARISON Ric-Man Gianetti Base Bid $ 66,436.00 $ 91,831.00 Misc. Bid Items 189.335.00 257.520.00 Sub-Total $255,771. 00 $349,351.00 Increase 42.976.49 0 TOTAL $298.747.49 $349.351.00 PEC also evaluated Ric-Man's Base Bid Division 1 items pricing to determine if the original bid amounts are sufficient to include the increased Division 1 work relative to the miscellaneous items. We determined that the base bid prices for the items in question (General Requirements, Traffic Maintenance, Field Engineering, and TV Record Inspection) do not adequately cover the additional work required. For example, Traffic Maintenance (barricades and flagmen) and Field Engineering (locating the existing laterals and utilities between the centerline of the road the right of way) is greatly increased due to the number of additional locations added by the miscellaneous work items (i.e., base bid @ 13 locations and miscellaneous bid @ 121 additional locations: over 900 % increase) . During discussions with City staff, we recommended to reduce Ric-Man's bid price for Mobilization, Demobilization, Bonds and Permits to conform to contract limitations of 5 % of the Total Base Bid. This reduction, applied to all three (3) contracts amounts to a $14,256.50 deduction in the total contract amount. In summary, we recommend the City to proceed with the execution of this Contract and the attached Change Order No.1 because: 1. The additional compensation (due to the increase in the Division 1 items) still make Ric-Man International the lowest bidder even without the same adjustment to other bidders. Therefore, other bidders have no grounds for protest of this award. 2. The City has experience with Ric-Man International and have provided satisfactory projects in the past. 3. There is no evidence that Ric- Man unbalanced their bid to yield compensation for the additional work being awarded. ., Mr. Bill Greenwood DB-06 May 6, 1993 Page 3 4. The adjusted contract amount (including Change Order No.1) is far below the engineer's estimate, and the City's budget for this project $863,171.60 versus $494,589.99. Change Order No.1 (due to the Division 1 increase) amount to less than 10% of the Total Contract Amount. 5. The Change Order No. 1 includes the rehabilitation of the three (3) manholes on Andrews A venue as initiated by the City. By awarding all three (3) contract to Ric-Man, the City can choose from as many as three (3) rehabilitation techniques if necessary to accommodate the desires or specific needs of the City. Based on the above, we feel it is in the best interest of the City of Delray Beach to proceed immediately with this Project as currently proposed. If you have any questions or comments, or require additional information or explanation, please contact me at your convenience. Very truly yours, PROFESSIONAL ENGINEERING CONSULTANTS, INC. Y ~d &;4/~__ R. Kent Veech RKV/ak-W05 Attachments cc: Mr David Harden - City Manager - City of Delray Beach ~ Richard Hasko - Ass't. City Manger - City of Delray Beach Mr. Howard Wight - Construction Manager - City of Delray Beach Mr. Joe Lontos - City of Delray Beach Mr. Tom R. Kelley, P .E. - PEC Mr. Arthur R. Austin, P.E. - PEC ., . " , . ? ;l. .- ;2;J. 13.-' . AGREEMENT THIS AGREEMENT is dated as of the day of , by and between the city of Delray Beach, Florida hereinafter called the CITY, andRic-Man Interna.ti<X1al, Inc., hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. For the project entitled: crNIRACl'S 1, 2, 3, aIrl 4 SANITARY SEWER SYSTEM REHABILITATION LIFT STATION BASINS 008, 018 AND 032 CITY OF DELRAY BEACH PROJECT NO. 92-22 CONSULTANT'S PROJECT NO. DB-06/2.1 Article 2. CONSULTANT. The Project has been designed by Professional Engineering Consultants, Inc., who is hereinafter called CONSULTANT and who will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in the Contact Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME: LIOUIDATED DAMAGES 3.1 The work will be substantially completed within 90 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recog- nize that time is of the essence of this Agreement and that the CITY will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. A-1 ., , . # They also recognize the delays, expense and difficul- ties involved in proving in a legal proceeding the actual loss suffered by the CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY five hundred dollars $500.00 for each day that expires after the time specified in paragraphs 3.1 for substantial comple- tion until the Work is sUbstantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay OWNER five hundred dollars $500.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: IN ACCORDANCE WITH THE LUMP SUM AND UNITS PRICES IN THE ATTACHED BID FORMS, PAGE 3.1 THROUGH 3.6. Contract No. Total Base Bid 1 Ninety-six thousand four hundred thirty dollars ($96,430.00) 2 Ninety-six thousand six hundred sixty nine dollars ($96,669.00) 3 Two hundred fifty five thousand seven hundred seventy one dollars ($255,771.00) (including miscellaneous bid items) TOTAL CONTRACT PRICE PROJECT NO. 92-22 - Four hundred forty eight thousand eight hundred seventy dollars ($448,870.00) NOTE: CONTRACT 4 - sanitary Sewer System Reconstruction was not awarded by the City of Delray Beach and is therefore not a part of this Agreement. A-2 " ., . VII --- ~.. UFT ,01 FINAL CONTRACT TABULATION CONTRACT NO.1 - SANITARY SEWER TESTING AND SEALING Ric-Man InternatioNll.Tnc. r Bid Amount TAdiusted Contract Amount 1.00 a. General Reauirements 1 LS $2.000.00 $2.000.00 $2,000.00 $2,000.00 b. Mobilization, Demob, 1 LS $7.500.00 $7.500.00 $4,821.50 $4.821.50 c. Traffic Maintenance 1 LS $2,000.00 $2.000.00 $2,000.00 $2.000.00 d. Field Enainnerina 1 LS $1,500.00 $1.500.00 $1,500.00 $1.500.00 e. Precon. Documentation 1 LS $1.000.00 $1,000.00 $1,000.00 $1,000.00 1. TV Record InsDection 1 LS $1.000.00 $1,000.00 $1,000.00 $1,000.00 Q, Indemnification 1 LS $7 000.00 $7000.00 ~7 000.00 S7 000.00 ~U~IL ~~INL_R REHABILITATION 522.000.00 .1)( 2.00 2.01 Test and Seal 8" PiDe - LS 008 a. Test 8" Joints I 2251 EA I $15.00 I $3.375.00 I $15.00 I $3.375.00 T b. Seal 8" Joints 170 EA T $25.00 I $4,250.00 T $25.00 $4.250.00 I c. SaniDOr Process - Pipe & Laterals 11100ILFI I $0.001 I $0.00 I 2.02 Test and Seal 12" PiDe - LS 018 a. Test 1 2" Joints I asT EA I $25.00 I $2,125.00 I $25.00 I $2.125.00 I b. Seal 12" Joints 651 EA I $40,00 I $2,600.00 $40.00 I $2.600.00 T c. SanTDor Process - Pipe & Laterals I 4101 LF I I $0.001 I $0.00 I 2.03 Test and Seal 10" PiDe - LS 018 a. Test 10" Joints I 161 EA I $20.00 I $320.00 I $20.00 I $320.00 I b. Seal 10" Joints 1 121 EA I $30.00 I $36O.ooT $30.00 T $360.00 I c. SaniDor Process - PiDe & Laterals I 1051 LF I I $0.001 I $0.00 1 2.04 Test and Seal 8" Pipe - LS 018 a. Test S" Joints I 9001 EA I $20.00 I $18.000.001 $20.00 I $18.000.00 1 b. Seal S" Joints I 6751 EA I $30.00 I $20.250.00 I $30.00 I $20,250.00 I c. SaniDor Process - PiDe & Laterals 1 45001 LF I I $0.001 I $0.00 T 2.05 Test and Seal 8" Pipe - LS 032 a. Test 8" Joints I 360 I EA $15.00 $5.400.00 $15.00 $5,400.00 b. Seal 8" Joints I 2701 EA $25.00 $6.750.00 $25.00 $6.750.00 c. SaniDor pr~l- PiDe & Laterals r 18001 LF $0.00 $0.00 SUBTOTAL - MAINl . HEHABI_ITA ON M."I 430.00 $63.430.00 3.00 3.01a. R&R Manhole Benchina - LS 008 I 1TEA I $500.00 I $5oo.00T $5oo.ooT $500.00 I 3.028. R&R Manhole Benching - LS 018 I 11 EA I $500.00 I $500.00 $500.00 I $500.00 3.03 Plua/Patch/Unina Manhole - LS 018 a. Plua/Patch/Waterproof Manhole I 551 VF I $100.00 I $5,500.00 $100.001 $5,500.00 T b. Cementitious Uning I 55TVF I $O.ooT I $0.00 I 3.04 Plua/Patch/Unina Manhole - LS 032 a. Plua/Patch/Waterproof Manhole I 451 VF $100.00 I $4.5OO.ooT $100.00 I $4,500.00 I b. Cementitious Unina 1 451 VF I $0,00 T 1 SO.oo 1 I I $11,000.00 I i $11,Ooo.ooi : I I I $96,430.00 I I $93.751.50i I 1. Bid Items 1,00 a, c, d and f will be paid on a pro-rated basis (i.e. increased or decreased), with the adjustment to be based on the value of the total work actually performed on Contract 1 compared to the ADJUSTED TOTAL CONTRACT AMOUNT of $93,751.50 for Contract 1 as shown above. 2. Bid Items 1.00 b, e and g will not be adjusted. Bid Item No. 1.00 b (Mobilization, Demobilization, Bonds and Permits) has been adjusted herein to conform to the stated contract limitations of 5% of the Total Base Bid for this bid item. ., .. ...n. "'. "'''~v"'''' UFT lSlAI luN BASINS 008,018 AND 032 FINAL CONTRACT TABULATION CONTRACT NO, 2 - SANITARY SEWER SYSTEM REUNING Ric. .Man International. Inc. I Rid Amount I Adiusted Contract Amount 1.00 a. General Reaulrements 1 LS $2,000.00 $2.000.00 $2.000.00 $2.000.00 b. Mobilization, Demob. 1 LS $10,000,00 $10,000.00 $4.833.45 $4,833.45 c. Traffic Maintenance 1 LS $2,000.00 $2,000.00 $2.000.00 $2.000.00 d. Reid Englnnerlng 1 LS $2,000,00 $2,000.00 $2.000.00 $2.000.00 e. Precon. Documentation 1 LS $1,000.00 $1,000.00 $1.000.00 $1.000.00 f. TV Record 'nspection 1 LS $2,500,00 $2,500,00 $2.500.00 $2.500.00 n. Ind3Zemnification 1 LS $24.00 $24.00 $24.00 124.00 $19.524.00 514.357.45 2.00 MAl I AEHA 2.01 Relining 8" Mainline Pipe - LS 008 a. Inversion Method (cured-In-place) 1470 LF $31.00 $45,570.00 $31.00 $45,570.00 b. Deformed Pipe Method (PE pipe) 1470 LF $0.00 $0.00 c. Fold and Form Pipe Method (PVC pipe 1470 LF $0.00 $0.00 d. Service Reconnection & Sealing 31 EA $150.00 $4,650.00 $150.00 $4,650.00 2.02 Relining 8" Mainline Pipe - LS 018 a. Inversion Method (cured-In-place) 261 LF $31.00 $8,091.00 $31.00 $8,091.00 b, Deformed Pipe Method (PE pipe) 261 LF $0.00 $0.00 c. Fold and Form Pipe Method (PVC pipe 261 LF $0.00 $0.00 d. Service Reconnection & Sealing 2 EA $150.00 $300.00 $150.00 $300.00 2.03 Relining 8" Mainline Pipe - LS 032 a. Inversion Method (cured-In-place) 514 LF $31.00 $15,934.00 $31.00 $15,934.00 b. Deformed Pice Method (PE pipe) 514 LF $0.00 $0.00 c. Fold and Form Pipe Method (PVC pipe) 514 LF $0,00 $0.00 ~ Service~Reconnection & Sealina 4 EA $150.00 $800.00 $150.00 1600.00 ~ rAL $75145,00 175.145.00 3,00 A I A N 3.01 Relining SanItary Manholes - LS 018 a. Cured-in-place Manhole Uner I 51 VF $400.00 $2,000.00 $400.00 $2.000.00 b. Prefab~ I 51 VF $0.00 $0.00 SIJRTO AL-~llON 52000.00 12000.00 TOTAL~:::.=~:te:.:CJ:,2.........? .......?..H.... ...S;.9.6..66~.OO................. .....\~502.45 ................................. ............ ........ 1=\EJ'1".4tor:~~c~(irriall1jpH/W}I/ ..Al'EA$1.500.00r$i~.500.odl$1~5()O.OOI/St$.500.Odt ..>>1.. b.. ..Col1StJ'4<:tcl~OQi.rt@RlWrlflcLSCldl.F..... nlEA$300;OOI .$3~3OO;OOF$3oo.00F ....<$3.300.0011 ...... .. ................. 4;02 < ReIii'iii'iaService.L.atera/$;;;.LS018 > . a. ....Reline4~or6'\~ceJrnal"to 1^,,^1> 85FEA$h500.001..$J21;SOO;OOI$1;SOO.OOF $12nSOO.ooF .......... <.b/ ..Co~CI~@RlWTIOCl.mll? ..>8SIEA>$300,Q()1>$2fj;~.Q()J$300;001$~~5OO~00{<.. A~03 ..Rellrit"aSElrlltCetAteilJ.t8....LS032? ..... ....... ..< .. .... ii> ....ReIi.,.<rQiI;rseMc;eirrialrltOHlVVlI14IEAIS1;SOO;OOl.S21.ClOO;OOlShSOO:oorS2hOoo:oot . . . 17 > ... ........b;.. .. CO~CI~I.It@..RIW..rll'iCl..SCldl. ...1...... .....14'...EAt.........$3(X);OO.r... . ...<...$4.200.001...........$300.00.1....... ....$4~~()()~001. 't04 ..losilUPOll1tAeDaif($Cl...l.$ooa ..8. .... R6IJO~q~ttJOd>I<2IEAI$3,3OO;OOt$e;600.()()j$S~SOO.001 .$6~6()O.001 .r ............. ;:~~:,!:~i~.~:~I.,;:::_~::::' .... ....." ~.ROtiQti. ca. MEjtJ:jOd.... ......... .......... . /.... .....'.EA .. .$2,3OO.Q() .... .....$lEl;1.....00.00$2.S00.oo<$t6.1 00..00... ....... ... ~ReSlnlolectlOOM$thOd ............ 7EA$O.OO$O.00 ........ ........ < (l.ILii1~:.mei1f<~../7 . EA< 238~:~ .........< .............5238~:: ...... ...... ....... ... TOTAL CONTRACT AMOUNT - CONTRACT 2 $96669.00 $91 502.45 6.00 CHANGE ORDER NO.1 ANDREWS AVE. MANHOLE RELINING a Manhc:lles#1 and #2 10VFwo/drool 2 EA T $5.500.00 $11,000.00 b Manhole # 31 - 10 VF w/droo I 1 EA I 16.000.00 16.000.00 !SUBTOTAL - CHANGE ORDER #1 ANDREWS AVE. MANHOLE RELINING I $17:000.ooi i I [TOTAL CONTRACT AMOUNT - CONTRACT 2 wI C,O. #1 I $96,669.00 I 1$108.502.45 i i I I!>I Not Awarded bv City c:lf Delrav Beach I NOTES: 1. Bid Items 1.00 a, c, d and f will be paid on a pro-rated basis O.e. increased or decreased), with the adjustment to be based on the value c:lf the total work actually performed on Contract 2 compared to the ADJUSTED TOTAL CONTRACT AMOUNT c:lf $1 08,502.45 for Contract 2 as shown above. 2. Bid Items 1.00 b, e and 9 will nat be adjusted. Bid Item No. 1.00 b (Mobilization, Demobilization, Bonds and Permits) has been adjusted herein to conform to the stated contract limitations of 5% of the Total Base Bid for this bid item. ., l.iIITUr-......~...... i~ In: rlON UFf ,01R FINAL CONTRACT TABULATION CONTRACT NO.3 - SANITARY SewER SYSTEM EXCAVATION, REMOVAL AND REPLACEMENT Aic-Man International. Inc. I Bid Amount I Adiusted Contract Amount I 1.00 a. General Reauirements 1 LS $4.000.00 $4,000.00 $15,399.60 $15.399.60 b. Mobilization. Demob. 1 LS $19.200.00 $19,200.00 $12,788.55 $12,788.55 c. Traffic Maintenance 1 LS $8,000,00 $8,000.00 $30,799.20 $30,799.20 d. Field Enginnerlng 1 LS $2,500.00 $2,500.00 $9,624.75 $9.624.75 e. Precon. Documentation 1 LS $800.00 $800.00 $800.00 $800.00 1. TV Record Inspection 1 LS $580.00 $580.00 $2,232.94 $2,232.94 a. Indemm 1 LS $4.000,00 $4.000.00 14.000.00 14.000.00 $39 1.00 575.645.04 2,00 , MAINl EX , ... REPLACEMENT 2.01 Exc., Rem. and Rep, MaInline - LS 018 a. Reconstruct 8" Pipe I 169 LF $29.00 I $4,901.00 I $29.00 $4,901.00 I b. Asphalt Rem. and ReP. I 260 SY $13.60 I $3,536.00 $13.60 $3,536.00 1 2.02 Exc.. Rem. and Rep. MaInline - LS 032 a. Reconstruct 8" Pipe 1 3231 LF $17.00 I $5,491 .00 $17.00 $5.491.00 I b. Asphalt Rem. and Rep, I 4701 SY $12.00 I $5 640.00 $12.00 $5 640.00 I I SUBTOTAL - MAIN'BEXCAV. REMOvAL LACE I I $19568.00 519568.001 I 3,00 II Ht:t'AIH 3.01a. Exc. and Re oalr PIDe - LS 018 I 11 EA I $3.100.00 I $3.100.00 $3,100.00 I 1100.001 I Ht:t'AIM I I :Ii3.100.00 i I 100.00 I 4.00 MANHOLE ( ONSTRUCT. AND REPAIR 4.01a. Construct Manhole - LS 008 1 EA $1,600.00 $1,600.00 $1,600.00 $1,600.00 4.028. Raise/Reset Rina and Cover - LS 018 2 EA $98.00 $196,00 $98.00 $196.00 4.038. Replace MH Ring and Cover - LS 018 2 EA $500.00 $1,000.00 $500.00 $1,000.00 4.04a. Raise/Reset Rina and Cover - LS 032 4 EA $98.00 $392.00 $98.00 $392.00 4.058. RePla-.over - LS 032 3 EA $500.00 $1 500.00 5500.00 51 500.00 SUBTOTAL - ST. AND REPAlf 54.688.00 54.688.00 I TOTAL BASE BID - CONTRACT NO, 3 I I $66,436.00 I 1$103,001.041 I I 5.00 MIl'lr."'1 5.01 Exc.. R & R Mainline Pipe - LS 008 a, Reconstruct 8" Pipe I 5101 LF I $20.00 I $10.200.00 I $20.00 I $10,200.00 I b. Asphalt Rem. and ReP. I 7801 SY I $14.00 $10.920.00 I $14.00 $10,920.00 5.02 Exc., R & A MaInline Pipe - LS 032 a. Reconstruct 8" Pipe I 40ILFI $79.00 $3,160.00 I $79.00 I $3,160.00 I b. Asphalt Rem. and ReD. I 601 SY I $26.00 $1.560.00 I $26.00 I $1,560.00 5.03 Replace Service Laterals - LS 008 a. Rem. and ReP. 4" or 6" Service I 111EAI $510.00 $5,610.00 I $510.00 I $5,610.00 I I b. Asphalt Rem, and Rep. I 185ISYI $26.00 $4,810,00 I $26.00 I $4.810.00 I I c. Construct Cleanout @ AtN (incl. sod) I 111EAI $380.00 $4,180.00 I $380.00 I $4,180.00 I I 5.04 Replace Service Laterals - LS 018 a. Rem. and ReP. 4" or 6" Service I 85IEAI $510.00 I $43,350.00 I $510.001 $43.350.00 I b. Asphalt Rem. and Rep, 1420 SY $27.00 I $38,340.00 $27.00 $38,340.00 I c. Construct Cleanout @ AtN (inc!. sod) I 85IEAI $380.00 I $32,300.00 I $380.00 I $32.300.00 I I 5,05 Aeplace Service Laterals - LS 032 a. Rem. and Rep. 4" or 6" Service 14 EA $510,00 I $7.140.00 $510.00 $7,140.001 b. Asphall Rem. and ReP. 2351 SY I $27,00 I $6,345.00 I $27.00 I $6,345.00 I c. Construct Cleanout @ AtN (inc!. sod) 14 EA $380,00 I $5,320,00 $380.00 $5,320.00 I 5.06 Mainline Point Repair - LS 008 a. Exc., Rep. Frttings and Connect 2 EA I $920.00 I $1,840.00 I $920.00 I $1,840.00 I b, Asphalt Rem. and ReP. 40 SY I $26.00 I $1,040.00 I $26.00 I $1,040.00 I 5.07 Mainline Point Repair - LS 018 a. Exc., Rep, Frttinas and Connect I 3 EA $920.00 I $2,760.00 I $920.00 $2,760.00 I b. Asphalt Rem. and Rep. I 60 SY $27.00 I $1,620.00 I $27.00 $1,620.00 I I 5.08 Mainline Point Repair - LS 032 a. Exc.. ReP. Fittings and Connect I 4 EA $920.00 I $3,680.00 I $920.00 $3.680.00 I \ b. Asphalt Rem. and Rep. I 80 SY $27.00 $2,160.00 $27.00 $2,160.00 I I 5.10 Construct San. Manhole - LS 008 a, Rem. and ReP. Manhole (4-8 VA I 2 EA $1 500.00 $3 000,00 $1 500.00 $3.000.00 I SUBTO TAL MI OusBID II~S I $189335.00 S189 335.00 TOTAL CONTRACT AMOUNT - CONTRACT 3 $255 171.00 $292 336.04 Not Awarded bv CitY of Delrav Beach NOTE:: CONTRACT 4 WAS NOT AWAR lE:D BY THE CI IV DF DEI ..RAY BEAt: H TOTAL COMBINED CONTRACT PRICE $448 870.00 $494589.99 '1UIt:::>: 1. Bid Items 1.00 a, c, d and f will be paid on a pro-rated basis O.e. increased or decreased), with the adjustment to be based on the value of the total work actually perforrned on Contract 3 compared to the ADJUSTED TOTAL CONTRACT AMOUNT of $292,336.04 for Contract 3 as shown above. 2. Bid Items 1.00 b, e and g will not be adjusted. Bid Item No. 1.00 b (Mobilization, Demobilization, Bonds and Permits) has been adjusted herein to conform to the stated contract limitations of 5% of the Total Base Bid for this bid item. ., ., CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECf NO. 92-22 DATE: Mav 5. 1993 PROJECf TITLE: Sanitary Sewer Rehabilitation L.S. Basins 008. 018 and 032 - Contracts 1. 2 and 3 TO CONTRACTOR: Ric-Man International. Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECf AND TO PERFORM THE WORK ACCORDINGLY, SUBJECf TO ALL CONTRACf STIPULATIONS AND COVENANTS AND THE ATTACHED FINAL CONTRACf TABULATIONS FOR CONTRACfS 1,2 AND 3 DETAILING THE ADJUSTED CONTRACf AMOUNT. JUSTIFICATION: Additional Compensation for Division 1 Work Items on Contract 3 due to Increase in Total Bid Price (inclUsion of Miscellaneous Bid Items). $ 42,976.49 Deduction in Bid Price for Mobilization, Demobilization, Bonds and Permits - Contracts 1, 2 and 3 to conform to contract limitations of 5% of Total Base Bid. < $ 14,256.50 > Andrews Avenue Manhole Relining: . Manholes #1 and #2 - 10 VF w/o drop 2EA @ $ 5,500.00 $ 11,000.00 . Manhole #31 - 10 VF w/ drop 1 EA @ $ 6,000.00 $ 6.000.00 SUBTOTAL - ANDREWS AVE MANHOLE RELINING $ 17,000.00 ~YOFCONTRACTAMOmIT ORIGINAL CONTRACf AMOUNT $148.870.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED - 0- ADJUSTED CONTRACf AMOUNT PRIOR TO THIS CHANGE ORDER 448.870.00 COST OF CONSTRUCfION CHANGES THIS ORDER 45.719.99 ADJUSTED CONTRACf AMOUNT INCLUDING THIS CHANGE ORDER 494.589.99 PERCENT INCREASE/DECREASE THIS CHANGE ORDER 10.2 % TOTAL PERCENT INCREASE/DECREASE TO DATE 10.2 % EXTENSION OF CONTRACf TIME ALLOWED BY THIS CONTRACf JL CALENDAR DAYS TO 105 dayS after NTP STIPULATED CONDITION: For the purpose of future adjustments to the Division 1 work items for Contracts 1, 2 and 3, the adiusted contract amounts as shown in the attached final contract tabulations shall represent the original contract amounts as identified in Section 01025 - Measurement and Payment. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable. Signature (Contractor) Signature (Consulting Architect or Engineer) To Be Filled Out By Department Initiating Change Order Department Funds Budgeted Code Certified By DELRA Y BEACH, FLORIDA By Its City Commission RECOMMEND: By: Project Manager Mayor A ITEST APPROVED: By: City Attorney City Clerk ., . . CHANGE ORDER NO.1 CALCULATIONS: 1. PROPOSED INCREASE IN COMPENSATION FOR DIVISION 1 WORK FOR CONTRACT 3: .~~~i~~Ti~~~lj~~~~................................ BID PROPOSED ADJUSTED AMOUNT INCREASE TOTAL a General ReQuirements $4,000.00 $11,399.60 $15,399.60 b Mobilization, Demob. $19.200.00 $0.00 $19.200.00 c Traffic Maintenance $8,000.00 $22,799.20 $30,799.20 d Field Engineering $2,500.00 $7,124.75 $9,624.75 e Precon. Documentation $800.00 $0.00 $800.00 1) TV Record Inspection $580.00 $1.652.94 $2.232.94 a Idemnification $4 000.00 $0.00 $4.000.00 I TOTALS I $39,080.0011 $42,976.49 Y:: $82,056.491 ......................................................................................... * Calculation: $189,335.00 (total misc. bid items) T $66,436.00 (base bid) = 2.8499 = 284.99% II .............................w.w.......w....................~!~ $42.976.49 is the proposed increase for consideration by the City of Delray Beach based on the analysis by PEC. BID COMPARISON - CONTRACT 3 WITH PROPOSED ADJUSTMENT: RIC-MAN GIANETTI DIFFERENCE BASE BID $66,436.00 $91,831.00 ($25,395.00) MISC BID $189.335.00 $257 .520.00 ($68.185.00) $255,n1.00 $349,351.00 ($93,580.00) INCREASE $42,976.49 TOTAL $298,747.49 $349,351.00 ($50,603.51 ) 2. DEDUCTION IN BID PRICE FOR MOBILIZATION, DEMOB., BONDS AND PERMITS TO CONFORM TO 5% LIMIT: I MOBILIZATION. DEMOBILIZATION. BONDS AND PERMITS - DEDUCTION: I I I MOB.,DEMOB. I % OF BASEl @5%OFBID I DEDUCT I I CONTRACT 1 $7,500.00 7.78% $4,821.50 $2,678.50 CONTRACT 2 $10,000.00 10.34% $4,833.45 $5,166.55 CONTRACT 3 $19.200.00 28.90% $12,788.55 $6411.45 I TOTAL DEDUCTION IN MOB., DEMOB. I ($14,256.50~ ., ., MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM i qJ - MEETING OF MAY 25. 1993 SERVICE AUTHORIZATION NO. 5/HELLER. WEAVER AND CATO DA TE : May 21, 1993 This is a service authorization in the amount of $25,650 to the contract with Heller, Weaver and Cato, for surveying services in conjunction with S.W. 10th Street project. The scope of service under this authorization includes the location and verification of centerline control and right-of-way lines on S.W. 10th Street from the intersection of Wallace Drive to approximately 500 feet west of the intersection of Congress Avenue and the control and centerline control and right-of-way lines on Congress Avenue running north and south from the centerline of S.W. 10th Street approximately 500 feet; and, field topography. Recommend approval of Service Authorization No. 5 in the amount of $26,650 to the contract with Heller, Weaver and Cato for surveying services in conjunction with the s.w. 10th Street project; with funding from General Construction Fund - s.w. 10th Street (Account No. 334-3162-541-61.90). ., , Agenda Item No.: AGENDA REOUEST Date: May 18, 1993 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: May 25. 1993 Description of item (who, what, where, how much): Staff requests approval of a service authorization to Heller. Weaver & Cato for surveying services of the S.W. 10th Street right-of-way corridor between Congress Avenue and S.W. 10th Avenue which includes topograohic and location information required for roadway design. Project No. <)I-06R r.onrr~('r Am01m~. S ?n,hSn nn r;gh~-nf-w~y, ~npngr~ph;~ ~ ln~~r;nn survey. S 5.000.00 additional unforseen survev work as required on a Funding Source: ~: and ~te~i'ti bas~ nZyttr~X(,PPd. CH 3166-541 . ~ ~3 -~ ..-G .) - (J ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the service authorization to Heller, Weaver & Cato in the amount of $ 25,650.00 for surveying services of the S.W. 10th Street right-of-way corridor between Congress Avenue and S. W. 20th Avenue. Department Head Signature: ~~ p;~ ,~f~)91 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if apPlica~ Account No. & Description (..}.e 1.l (~li\~lIrl:--J(~ .jAl.~-- ~rJ \ ()~ Account Balance City Manager Review: ml1 19 Approved for agenda: ES NO 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 jt) Director of Environmental Services FROM: Ralph E. Hayden, P.E<;fj/ City Engineer DATE: May 18, 1993 SUBJECT: S. W. 10th Street Surveying Services Congress Avenue to S. W. 10th Avenue Project No. 91-068 Attached is an agenda request for award of the attached service authorization for survey work within the S. W. 10th Street right-of-way corridor between Congress Avenue and S. W. 10th Avenue to Heller, Weaver and Cato, one of our continuing contract survey firms. The work which will be conducted under this service authorization includes topographic and location information required for roadway design within the S.W. 10th Street right-of-way corridor. A breakdown of the service authorization amount is as follows: $20,650.00 Right-of-way, topographic and location survey 5,000.00 Additional unforeseen survey work upon request on a time and materials basis not to exceed /,~~ ._?,/i>'2--t:;41. uJI-fio The funding source for this project is ~241 J166-5~6L..l..o~ We have reviewed the service authorization amount from Heller, Weaver and Cato for the survey work outlined above. We have determined that the amount is fair and acceptable for the work requested. In order to proceed with the project as quickly as possible, we would like to request that this service authorization be placed on the May 25, 1993 the Commission Agenda. RH: kt cc: Robert Barcinski, Asst. City Manager Ted Glas, Purchasing Officer Sandee Mills, Exec. Adminisistrative Assistant File: project No. 91-068 (D) RH321225.MRM ., BELLER - WEAVER AND CATO, INC. I J CITY OF DELRAY.BEACH , i CONSULTING SERVICE AUTHORIZATION , ! I j DATE: : SERVICE AUTHORIZATION NO. ~ FOR CONSULTING SERVICES t CITY P.O. NO. (CITY) HELLER-WEAVER AND CATO, INC. , ! TITLE: Road Construction - S.W. 10th Street t . This Service Authorization, when executed, shall be incorporated in and shall , become an integral part of the Contract, dated July 25. 1991 , between the City of Delray Beach and Heller-Weaver and Cato. Inc. . I. PROJECT DESCRIPTION ! Land Surveying Services for Road Construction on S. W. 10th Street. II. SCOPE OF SERVICES A. Locate and verify centerline control and right-of-way lines of S. W. 10th Street from the intersection of Wallace Drive to approximately 500 feet west of the intersection of Congress Avenue. And the centerline control and right-of-way lines of Congress Avenue running north and south from the centerline of S. W. 10th Street approximately 500 feet. B. Conduct survey work consisting of field topography and horizontal locations of all existing improvements within the right-of-way of S.W. 10th Street and Congress Avenue extending 10' outside right- of-way line. Limits of topography to include the following: 1. Topographic elevations at 50' stations. Where pavement exist, elevations should be taken at centerline grade (existing PGL), edge of pavement grade, location and grade of swale centerline, front and back of sidewalk, and right-of-way line, including cross sections at all P.C./P.T. points of intersection return radii, P.I. of intersections, and cross sections of all side streets at 50' from intersection P.I. 2. Location of existing structures, buildings, roadway, pavement, driveways, sidewalks, curb, etc., including P.C./P.T. of intersection return radii. 3. Location of existing utilities and drainage facilities including pipe diameter, direction and invert elevations, ., Road Construction of S.W. 10th Avenue Page Two I rim/grate elevations of all storm, sanitary, and other accessible structures including Florida Public utilities, i Florida Power and Light/Southern Bell aerial and underground facilities. City staff will coordinate all utility locations including UNCLE locations. ! 4. Location of all trees 6" diameter and larger and/or tree clusters, shrubs, mailboxes, signs, fences, and other i encumbrances found within the right-of-way. ! , 5. Provide and reference three permanent benchmarks at approximately 600' intervals. i , C. City of Delray Beach will provide copies of all subdivision plats warranty deeds, as-builts, and any other instruments as required for the scope of the aforementioned services. I III. SUBMITTAL MATERIALS A. All field notes in neat legible format. i drawing entire corridor signed and I B. One ( 1 ) plot of the of the ! sealed by a registered land surveyor for record purpose at 1" = 2 0 ' scale (the City will provide plotting services). C. A computer disk with survey and drawing information compatible with Auto Cadd Version 11 or 12. S~parate layers for Auto Cadd drawing information are to be establi~hed at a minimum as follows: 1. Right-of-way text 2. Right-of-way lines 3. Lot text 4. Lot lines 5. Locations text 6. Locations information 7. Topographic text 8. Survey notes and information IV. BUDGET A. PART ONE 1. LABOR Survey Crew 120 hrs. @ $ 83.25 . . . . $ 9,990.00 Supervisor 20 hrs. @ $ 55.00 . . . . $ 1,100.00 CADD Operator 90 hrs. @ $ 40.50 . . . . $ 3,645.00 Project Manager 30 hrs. @ $ 75.00 . . . . $ 2,250.00 Principal in Charge 20 hrs. @ $ 90.00 . . . . $ 1,800.00 Clerical 16 hrs. @ $ 25.00 . . . . $ 400.00 ., Road Construction of S.W. 10th Avenue Page Three , 2. EXPENSES I CADD Equipment 90 hrs. @ $ 14.50 $ 1,305.00 i . . . . Reproductions, Communications, Etc. . . . . . . $ 160.00 PART ONE - LUMP SUM TOTAL . . . . . . . . . . . $20.650.00 , B. PART TWO I I For additional services required which may include services for acquisition of properties relating to the preparation of parcel sketches and descriptions and authorized in writing by the City Manager on an as required basis, consultant shall be paid a fee mutually agreed upon between City and Consultant which shall not exceed. . . . . . . . . . . . . $ 5.000.00 v. COMPLETION DATE Eight weeks after approval of Authorization to proceed, project will be completed. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City, in its sole discretion, is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. " Road Construction of S.W. 10th Avenue Page Four Approved by: CITY OF DELRAY BEACH: Date: Date: Thomas E. Lynch Mayor Attest: STATE OF Florida COUNTY OF Palm Beach Approved as to Legal Sufficiency The foregoing instrument was~ and Form acknowledged before me this \ day of M~ ,1993 by Tol-\t-.J b. E!\\{ER ~\'e5i DenT (Name of officer or agent, title of officer or agent), of Heller-Weaver and Cato. Inc. (Name of corporation acknowledging) , a Florida corporation, on behalf (State or place of incorporation) of the corporation. He/She .is (personally known to me) (Of-has p~ueed identifica~ieB) personallY known to me (type of identification) (as identification) and ( ..Qid- / did not ) take an oath. ..- _MAuJ'-ee(\ A. SI M.fJl\.\ signature of Acknowledger (typed, printed or stamped) NOTARY PUBLIC. STATE OF FLORIDA. MY COMMISSION EXPIRES: APRIL 27. 1994. eONDED THRU NOTARY I'U8I.lC UNDERWRITERS. liMttitffijlBi.#.i.liHii " . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM it qK - MEETING OF MAY 25. 1993 CHANGE ORDER NO. 2/MEREDITH CORPORATION DATE: May 21, 1993 This is a change order in the amount of $28,156 which also extends the contract completion date by 159 days to the contract with Meredith Corporation for miscellaneous changes to the Wellfield Rehabilitation, Abandonment, Flowmeter and Monitor Well Installation project. Five of the nine production wells rehabilitated under the current program required additional chemical and mechanical treatments to further enhance their performance. The costs for this needed rehabilitation was $34,500. Although some of the additional work has been absorbed under the original contract amount, due to deducted items, a modification to the total contract amount is required to complete the remaining work. Remaining works includes a water supply well PW-4A to replace the well at the Tennis Stadium and two compliance monitor wells to be installed at the North Pump station. A detailed report from the consulting engineer is attached as backup material for this item. Recommend approval of Change Order No. 2 in the amount of $28,156 and extending the contract completion date by 159 days to the contract with Meredith Corporation; with funding from 1991 Water and Sewer Revenue Bond - Well Monitoring/Rehabilitation Buildings (Account No. 447-5171-536-60.31). '. 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 Change Order #2 to Meredith corporation on the Wellfield Rehabilitation, Abandonment, Flowmeter and Monitor Well Installation (90-56). change Order No. 2 is for miscellaneous changes for the Project. The changes to the Contract include miscellaneous changes required due to unforeseen conditions encountered while redeveloping the productio~wells. Also included are two additional monitoring wells at the North Storage Reservoir as mandated by Palm Beach County's environmental agency, DERM. The changes are itemized and detailed further on the Change Order attached (Exhibit A). Further information regarding the results of the wellfield rehabilitation program is also provided as backup (Exhibit B). Change Order #2 is for a net add amount of $28,156.00 and an extension of time of 159 calendar days to July 1, 1993 primarily to complete Well #4A. Funding Source is . ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHE~NO Recommendation: Staff Recommends approval of Change Order #2. Department Head /f)fl ~e~~ .,,-If,?/? 3 ~ Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (r~ired on all items involving expenditure of funds): Funding available: E~/NO Funding alternatives-- Account No. & Des riEt'o Account Balance (I '1/ ,) . "- " /' Vb:; :: city Manager Review: ~NO 111 Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. , '.!::I-[.:.-':I.] ll: 1 ~fUll n, U ;Vl 1,.,11.: il:) III L;.. I'J JiU id.J IU[II..: r 1.1 iJ i.. -. - MEMORANDUl\f CH1IHILL TO: Howard Wight/City of Delfl:1Y Beach COPIES: Richard Hasko/City of Deltay Beach Jerry BahnlCH2M HILL FROM: Tim Sharp - - DATE: May 18, 1993 - snrn 11:( ''I'' Expl:1ntltion of Additien.a1 C,:,.,l., A~~vl,;ii1L~J wlLh Meriuun A.SSOclates - Contract - Well field Rehabilitation, Abandonment, Flowmeter and Monitor Well Installation PROJECT: SEF30787.FO As you requested, we have prepared explanations for each of the line items listed in Meridith Associates' most recent Chang\: Order No.2. The list of items are attached. Additional Work CQmDleted and r.nntrflc.tp(l - Five of the nine City production wells rehabilitated under the current program required "' additional chemical and mechanical treatments to further enhance [heir performance, and hence reduce the power costs associated with operating the pump motors. The costs for this needed rehabilitation W~ $34,500. Since the Contract with Meridith Assol:iates wa.:; bid unQ.~r '.mit prices, anrl snnll"', tontingenci9E were built in, th~ C~JiL.A",l Wi1~ able to - absorb the additional costs. Additional 'V orlc Completed but not Cuulracted - PW~9 Investigation. $4,575 . During the rehabilitation of production well PW -9, it was noted during development that more than the normally expected amount of fine formation :sand was being produced. Also, the ground at the southwest corner of the pump pad wa,;; subsiding. This potentially unsafe condition resulte.d in the City requestin~ the Cont:t'ac.tol' UJ iuvc:slih\"i4~e the source of [he problem and provide a remedy. Since no unit prices were currently in place for tllis type of work, a work change directive (WeD) was issued, followed by negotiations of the costs fot tim~ a.nd matr.rTilli'i Thf." addition:ll time uDdJno.mfilll~ .c.:,.sult~J iu Ji~l,.:v\'t:rillg a pn....ihl,.. wurc~ of tho probloM ':O!'l'6.1~J ;)"ufm..1;) l",~~iug bc1uw graae wOlcn was aUowmg passage of fine sand into the well from the sUffact:. This was remedied with the nIlH~r.mt';nt ;:lnd cementing of 3 36" oulvcrtpipe 41'\"JUlh1 LIle ;o.Ul f~l,;c casing. and backfiuIng around the culvert pipe. '. . I 1_, ili U I ~ I[ J i U C U J. II \,)...J - 0~ ~0 '~J ll: l~^M ltf,Ul'~l i~,lli-lh .\.~~LL - - - M~MORANDUM Page 2 May 18, 1993 SEF30787.FO 8it x 10" Mechanical Joint Reducers. $521 each During the: removal and replacement of underground discharge piping, it wa~ noted that the existing 811 pipe extending from the weB tQ the downstrl"il'lm below.grade valve w(w not - in adequate condition to make a proper watc:r-tighl cOl1oeCtiQn wirh rhr. rr,pJ;:leement pipi. - Theretore, the contractor had to remove the pipe at the point of the 1 O~inch downstream valve, and install an 8" x 10" mechanical joint (MJ) reducer. This Wu:> not expected, amI because no unit prices exb'ted for this item, a WeD was issued by the City, followed by neimiiJtion~ nf thr rmt for fnrninhing nnd iM~a1111\b tt....",... MJ n::JuI,,;l,;;1:ot. "lltc~n I', x lIT - MJ reducers were placed on the wells that had received new flowmeters. 8" x 12" Elbow for PW-12 - $380 Similar to the conditions outlined above, a 12" tee. was found in-line with the:: underground discharge piping from PW-12. This tee was connected to an old abandoned 12" line that used to feed the old water treatment plant. Because the line was no longer being used, the City ordered the contractor to remove the tee, cap the abandoned line, and place an 8" - xl?" t:',lbow on th9 dioohlll'gc' f}iping t'U..i\'t tile wdl. B~cause no unit pnces existed for this item, a WeD was issulju by The City, followed by negotiations of the cost for furnishing and installing the 8tt x 12" elbow. - - SUl"ge Tank - ~3UU - During the development of twu Cily production wells, PW-Y and PW-13, it became apparent that to further increase the yield and specific capacities of the wells, a more r-teer~,~si"e well developmeut technique. wvu.lJ h<1 vc:: tu be applieQ. I hr.mtnrr, , if was . reconunended that a specially designed surge tank be used to increase the effectiveness of the development process. A price of $300 to furnish and operate the tank was provided .. by Moridith. Th~ City UlJt:leu the work [hrougb a weD. Both wells were successfully developed using the surge tank increasing dIe yicld~ and spcci.fic.: l.:apacities from both wells. Cementing of P\V -25 - $85 per bour Prior to the Mntractor mobili;-;ing to PW-2:5, the cxjstill~ :;ubmcrsible pump and motor broke free from the colullm pipe supporting it and fell to the bottom of the w~ll. The City requested the services of Meridith to. re:tnf';W", the pump. Th~ tinl" requl1'cd to retrieve the pump wa,<:; included in the existing unit prices of the ())ntract. After the well was returned to service, the City noted an inordinate amount of sand being produced by the well and depositing in the City'~ air stripping towers. The City again ,. . r I'.~'!;'.;, \./n....J",~ J,-j,.1.L.t.:... .l. '.' .:. 't ',~' I _ "t ~' i I.,,} I.,) 1~1 .l. '.! 'J "'t U ,'~: - .:..I~ -- j~' ! l ' ~ ~~i.lj'.:. - - MEMORANDUM Page 3 May 18, 1993 - SEF30787.FO req~st'd the frervir.f':~ of Meridith to i1rVtn;li,;ulo the r1'obkl~'\ AtlJ piUviul: a soluuon. A ;;;;; downhole video survey was conducted, and the source of the problem was detenllined to be a hole in thl.' bonom of the well screen, which wa.., apparently caused by the falling submersible pump. The video survey was already included in the unit prices. and was therefore absorbed under the current Contract. As a solution, CH2M HILL recommended that the bottom of the well be plugged with cemr.m "Rrl'llme trn~ Wpe.of cernentin~ was not iL~duJcJ lit lill:.: uTl~I pdces of the - - Comract. a tIme and matarials cost for the work Wa:s negotiated with Meriditb. The City - lhen ordered the contractor to proceed with the cementing. After the cementing was completed in two sta~es (7 ~'lQlJrs). the r.onrrflr.lnr, rf1lumed the 1.1,1~1I to cervioc. und the wdl - continues to yi~ld the cX"pt';t.t.-rl1l1H'1lltily of w~~r \vithout uny [rUe~~ ,:,f 5~jIJ. - Check Valve for PW..9 .. $980 While the contractor was removing the above-ground piping on PW~9. it noted that the chec~ valve wa.s ll":l1kin.e nrnnnd fhl:" p:icking gland. Tho Cit~. Wa"" "l\.oitc;J VI! Lhe ~Hu(tL1un. - - ~d ordorod tho eon.tl'll.::tvi Lv iVl:'l",",c lh~ valve wiLh a new one. The old was then discarded. Because this work item was not ln~luded in r.hr. unit prires of the Contr:1ct, ~ - price of $980 to furnish and install it was negotiated with Meridith. New Pump Shaft.. $250 During the rehabilitation of one of the City's production well::;, it was note.d that the pump = :shaft was old ana worn and in need of replacement. At the request of the City, Meridith - p.I.'vviJed ~ cost to furnish and lllstall the new shaft, After close review, the City agree to - have Meridith perfoffil the work, which hfl~ 8illl.~r: beel1 completed. - Air Release Valves - $223 each Following complt)tion of the l'cho.bilit.,t,i,',n Will k. i1 )ub)tandAl completion lllSpcctiOl't WM completed by the City, Meridith, and CH2M HILL. During the inspection it was noted that there were no air-release valves on PW-l or PW-2. Also, the City pointed out that tp"t; wr-relea:\r. valvt", on PW.12 \l!:i~ und8r Girzod, and :ihould b6 lr.;vl<u.;~J with a larger one. The City then ordered the contractor with a WeD to install air release valves on PW-l, PW-2. and PW-12. Because tIus work item was not included in the unit prices of the Contract, a price of $223 to furnish and in5itatt each air-release V~tlve was negotiated with M;~ricJith. '. . r 1\ {I'III \ I r: ~ Iii: n I ill, I, llli :~; I ...... ~I 1.1 I~I i_i I UI,.l.1 ;; IJ ) -.~ i) -:: ~I i ~ 1.... .'11111 . MEMORANDUM Page 4 May 1 R. 1 c}Q~ . SEF30787.FO . l'-'ibercast Pipe. $1,250 Fibercast pipe attached to the submersible pumps on the Golf Course Wells was in need . nf rtiflphOalllofit. n.s Oi~' ~'!"!I'.....",l",J 1l1aL McdJhh pun.:nase me pIpe tor the City, since they can generally purchase the pipe from the UlWlufacturer at a discount due to bulk purchasing. Prices for the pipe and tLttings were: provide,d to the City, and after close - reviow, it WM d~~:.i..,:.kJ tu iudude h under the. current Contract. and therefore a WeD WW:i issued w~ issued t.o Meridith. - The total cost for additional item~ complctr.n. hnt not contnct0d i!: $17,114. - Replacement ProductionW ell PW -4A . $81,500 Since the original Change Order No.1 for PW-4A was issued on all emergellcy basis in August 1992, in response to the fast-track constl1lctlon of the City's new tennis cOIuplex, changes to the design of the well have been requested by the City. M(}~t Qf tb: "hane~1'\ : art: minor and can be absofb~J under the cun-ent unit price bid from the contractor, but ch:mg$& ouoh Url th(', l\dditllJll \If lilt': WATTS prcs8ul'O ~usta.millg valve, have: iLKtc~ed the - overall cost of the well. Tht: WATTS valve, is a value-added feature because it provides a com:t:Ult baole pressure on th~ 'well pump, allowIng it to run more efficiently, which reduces the power costs to operate the pump, Under Chan~e Order No.2, the cost fQ\ the W A TIS vi'll Vf'. i.. inrlllrled in th~ Contruotol"!) 8verAll hiJ fUi lhe: rt:placernem well, and should 110t require any further changes. TWQ Compliann' M.onltor Wtilli . $11,000 The City is required by the Palm Beach COUl)ty Department of Environmental Resources Management (PBCDERM) to install and maintain monitor wells outside the generator and above~ground fuel tank enclosure at the North High Service Pump Station. To reduce the costs of hiring a separate well drilling contractor, and since Meridith.is already mobilized with a drilling rig at the North Pump Statiol1 (PW-4A), it would be more cost effective to h;l'lt": Me,ridith install the weHs. Also, there: ar~ unil prices included in their existing contract that would covor the cost;:; uf lh~se wells. Therefore, the City has requested that Meridith install the two additional monitor wells under their existing contracted unit prices. We hope these explanations of the additional costs a..sociatcd with the welltield rehabilitatiun contract with Meridith Associates are suftlcient. Should you have any questions, please call me at 407/737-6665. '. - Engineers - Planners ~ Economists - Scientists April 29, 1993 SEF30787.FO Mr. William Greenwood Director of Environmental Services City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Dear Mr. Greenwood: Subject: Modification to Meridith & Associates' Contract for Wellfield Rehabilitation, Abandonment, Flowmeter and Monitor Well Installation Meridith & Associates has requested a modification to their contract of $28,156, and a time extension of 159 days to complete the additional work associated with the City's well field rehabilitation program. Meridith & Associates (formerly Meridith Corporation), was contracted by the City in July 1992 to rehabilitate some of the City's production wells (PWs), abandon out-of-service wells, install flow meters, and drill two production wells. The original contract amount for these services was $198,383. Subsequently, the City requested the abandonment of production well PW-7 to allow for the City's new tennis complex. Meridith completed the abandonment ahead of schedule, and an application was submitted for a new replacement water supply well, PW-4A, to the South Florida Water Management District. As a result, the City approved a change order in the amount of $75,368 with a 60-day time extension. This increased the contract amount to $273,751, and extended the completion time to January 22, 1993. Since the initiation of the contract, Meridith has performed the following work within the original contract authorization of $198,383: . Successful rehabilitation of nine wells (see attached letter to City dated March 25, 1993) which will reduce the City's power costs for operation . Abandonment of nine other wells, one of which was converted to a salt- water intrusion monitor well in accordance with the City's Water Use Permit . Installation of new flow meters and piping on 15 wells ~H2M HILL ~eerrield Beach Office 300 Fairwav Drive. Suite 350 :05426.4008 Deertield Beacn. dO 7.7376665 Florida 3344 1 ,cox 30569860 10 .. Mr. William Greenwood Page 2 April 29, 1993 SEF30787.FO . Completion of two production-zone monitor wells to detect migration of contaminants from the capture zone of the 20-Series Well Field towards the Golf Course Well Field To obtain the desired results, several of the wells had to be rehabilitated more than once at a total additional cost of $34,500, and is shown on the attached table. During construction, the City requested Meridith to proceed with items outside the original scope of services because of unexpected subsurface conditions and safety concerns. These services were initiated through a series of work change directives. Based on Meridith's responses to our requests for quotation, estimated cost for comple- tion of these additional items is $17, 114 and is shown on the attached table. A brief description of these follows. . Additional excavation and investigative work on PW-9 to determine the cause and remediate the undermining of the well's concrete pump pedestal and the excessive production of sand during the well's operation. . Furnishing and installing 8-inch by lO-inch mechanical joint reducers on wells where 8-inch piping above grade was joined with lO-inch valves and piping below grade. . Furnishing and installing an 8-inch by 12-inch mechanical joint elbow below grade on PW-12, removing the existing tee configuration, and plugging the old raw water transmission main. . Providing a surge tank to enhance rehabilitation of PW -9 and PW -13. . Fishing out the drop pipe and pump that fell to the bottom of PW-25 due to corrosion of the pipe threads. The resulting hole punctured in the well screen caused the well to produce excessive amounts of sand and clogged up the City's air stripping towers. Meridith also investigated the cause of the excessive sand production and remediated the situation by plugging the bottom of the well. . Replacing an old leaking check valve on PW -9 to allow proper operation of the well before returning it to service. . Furnishing and installing a new pump shaft for a well pump that was temporarily out of service. " Mr. William Greenwood Page 3 April 29, 1993 SEF30787.FO . Installing I-inch air-release valves on PW-l, PW-2, and PW-12 to improve their performance and minimize the need for frequent repair of the seals on the discharge head. . Furnishing 6-inch fibercast pipe and couplings for the Golf Course Well Field The total dollar volume of work completed to date, including the additional work during rehabilitation, is approximately $199,293. Anticipated contract costs include $81,500 for completing the replacement water supply well PW-4A and includes a WATTS pressure sustaining valve; $4,000 for two additional compliance monitor wells to be installed next to the generator enclosure at the City's north pump station, and $17,114 for the work conducted under the work change directives. After a review of the costs presented, which we fmd fair and reasonable, we recommend that a Change Order for $28,156 and a time extension of 159 days be authorized by the City. The additional time requested will extend the contract to July 1, 1993. Attached for your review is a copy of the Change Order that we recommend be issued to Meridith & Associates. Please advise me if you wish to proceed with the issuance of this Change Order. If you have any questions or comments, please call me at 737-6665. Sincerely, CH2M HILL ~~;. Project Manager set/loo12496.DFB Enclosures cc: Dick Hasko/Delray Beach Howard Wight/Delray Beach Don Haley/Delray Beach Ed St. Onge/Meridith Associates Hershel Scott/Meridith Associates Jerry Bahn/CH2M HILL " . CITY OF DELRA Y BEACH t '1/./1 (J rr It A I) CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 PROJECT NO, 90-55 DATE: April 29, 1993 PROJECT TITLE: Well Field Rehabilitation, Abandonment. Flowmeter and Monitor Well Installation TO CONTRACTOR: Meridith Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY. SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Additional rehabilitation work. abandonment. and monitor well Installation requested of the Controctor and unforseen changes in subsurface field conditions as outlined In the attached letter hove caused delays and Increased the overall cost of the project, Although some of the additional work has been absorbed under the original contract amount due to deducted items. a modification to the total contract amount Is required to complete the remaining work, Remaining work includes a water supply well PW-4A to replace the well at the City's new tennis complex. and two compliance monitor wells to be Installed around the City's generator enclosure at the North Pump Station, A time extension of ~ days is also required due to delays from permitting from the South Florida Water Management District (SFWMD). ,;~ SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT 5198,383 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 575,368 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 5273.751 COST OF CONSTRUCTION CHANGES THIS ORDER 528.156 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 5301.907 PERCENT INCREASE/DECREASE THIS CHANGE ORDER 10% TOTAL PERCENT INCREASE/DECREASE TO DATE 52% EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 159 CALENDAR DAYS TO JULY 1. 1993 CERTIFYING STATEMENT: I hereby certify that the supporting cost data Included Is, in my considered opinion. accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit competitive bidding, CONTRACTOR (SEAL) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRA Y BEACH, FL By its City Commission RECOMMENDED: By: PROJECT MANAGER MAYOR ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK " Additional Costs Associated with Wellfield Rehabilitation City of Delray Beach SEF30787.FO Total Item Description Unit Price Number Cost IAdditional Work Completed and Contracted East Well Rehab $6,500,00 3 $19,500,00 20-Series Rehab $7,500.00 2 $15,000.00 Total $34,500.00 Additional Work Completed but Not Contracted PW-9 Investigation $4,575.00 1 $4,575.00 8x10 MJ Reducers $521.00 15 $7,815.00 PW-12 8x12 Elbow $380.00 1 $380.00 Surge Tank $300.00 2 $600.00 PW-25 Cementing $85.00 7 $595.00 PW-9 Check Valve $980.00 1 $980.00 New Pump Shaft $250.00 1 $250.00 Air-Release Valves $223.00 3 $669.00 Fibercast Pipe $1 ,250.00 1 $1,250.00 TOTAL $17,114.00 Original Contract Amount $198,383.00 Change Order No. 1 - PW-4A $75,368.00 Total Contract Amount $273,751.00 Contracted Work to Date ($199,293.00) Contractor Bid on PW-4A ($81,500,001 Two Shallow Monitor Wells ($4,000,001 Work Completed but Not Contracted ($17,114.001 Total ($301,907.001 Balance ($28,156.001 DFB\EXCEL\055.xls " . E x 1-1 /!J /1 II {] 'I Letter Summarizing Results of the Wellfield Rehabilitation and Estimated Annualized Power Cost Savings '. " , .. .... Engineers Planners JiiiI/iII Economists Scientists March 25, 1993 SEF30787.FO Mr. Wtlliam Greenwood Director of Environmental Services City of De1ray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Dear Mr. Greenwood: Subject: Summary of Results of the City's Wellfield Rehabilitation CH2M HILL is pleased to present the results of the rehabilitation of various City water supply production wells. . The purposes of the rehabilitation were to remove encrustments from the well screen, increase the hydraulic conductivity between the surrounding gmvel pack and native aquifer material, increase the yields of the wells, and reduce the water level drawdown in the wells, thereby allowing the well pump and motor to produce water- more efficiently and at a lower energy cost. Nine selected wells throughout the City's wellfields were rehabilitated by applying a specially formulated acid with corrosion inhibitors along with a surfactant to reduce the surface tension between the organic and inorganic build up on the well screen. These chemical treatments were followed by agitation of the well screen and surrounding gravel pack material through a series of aggressive well development processes with compressed air and water. Because of their ages, many of the wells had to undergo the process twice to obtain the desired results. The success of a well rehabilitation program can be demonstrated through a quantitative test called specific capacity. Specific capacity is the measure of the relationship between a well's flow rate and the resulting water level drawdown, usually expressed as gallons per minute per foot (gpm/ft) of drawdown. The goal of a rehabilitation program is to increase the specific capacity of each well to the extent possible. Depending on age and condition, some wells will show more improvement than others. In most cases, the specific capacity of a well will never equal the levels achieved at the time of its construction. The rehabilitation efforts increased specific capacities and yields of all of the wells included in the program, ranging from 17 percent to over 1,000 percent. The total yield from the nine wells rehabilitated increased by as much as 4,200 gpm or about 6 million ::H2M HILL Deerfield Beach Office 800 Fairwav Drive. Suite 350 305,426,4008 Deertield BeaCh. 407.737.6665 Florida 33441 Fax 305.698,60 10 " Mr. William Greenwood Page 2 March 25, 1993 SEF30787.FO gallons per day (mgd), equating to an overall increase of about 40 percent. Table 1 summarizes the increase in apparent yields and specific capacities. Not only did the yields of the wells improve, but because water level drawdowns in the wells were reduced, power costs to operate the well pumps were also reduced. The horsepower used by the pump motors and the resultant electrical costs can be compared by calculating the total dynamic head (1DH) conditions of each well before and after rehabilitation. Table 2 summarizes each well's IDH, estimated associated power costs, and savings as a result of the rehabilitation efforts. The table indicates that over $100,000 in power costs will be saved annually, with an average per well savings of about $12,000. The approximate total cost of rehabilitating these wells was $78,000, which is less than the total annual power cost savings to be fP.ali7ed by the City this year. Therefore, in less than I year, the City will realize a net gain of about $25,000 as a return for monies spent on the well rehabilitation. To minimize power costs, the City should implement a regular wellfield monitoring and rehabilitation program. This recommended program will be described in more detail after we complete the summary and operations and maintenance report included in our scope of work for the wellfield rehabilitation. We appreciate the opportunity to assist the City with improving the perfonnance of its well fields and look forward to helping it with the development of future water supplies, such as the proposed wellfield in Morikami Park. If you have any questions or comments please call me at (407) 737-6665. Sincerely, CH2M Hll..L ~ .:"i Project Manager setJlool2385.DFB Enclosures cc: George Abou-Jaoude/Delray Beach Howard WightJDelray Beach Don Haley/Delray Beach Jerry Bahn/CH2M HILL " .. . Table 1 Comparisoa of CUJTeDt and PreYious Specif"Je Capacities CUJTeDt PreYious SpeeiiJe Prerious Chaage in Pereeat SpeeiiJe Capacity CUJTeDt Yield Capacity YIeld1 YIeld Increase PW No. (gpmJft) (gpm) (gpmJft) (gpm) (gpm) (%) 3 15.0 825 9.5 522 303 58 5 33.1 850 28.4 729 121 17 6 78.3 1,000 6.0 77 923 1,200 8 23.0 725 13.3 419 306 73 9 24.7 650 4.2 110 540 490 13 12.8 450 9.5 334 116 35 21 44.7 950 10.2 217 733 338 25 26.7 900 10.4 350 550 157 26 18.1 825 5.0 228 597 262 Totala (gpm) - 7,175 - 2,986 4,189 - Totala (mgd) - 10.34 - 4.30 6.03 - I PrevioUl yield rctlcc:ta the yield of the well that would be realized if the drawdown were the same as the current yield. but at the prcvioUl apecific capacity value. PW = production well gpm = gallons per mmute gpmIft = gallons per minute per foot of drawdown mgd = million ga1kma per' day lOOl2386.DFB ., .. " Table 2 ComparisoD of EstDn_tM Power Costs City of Delray Beada Wellfield RebabilitatiOD Speciiac Cost Per Annual Cost Q Capacity TDB Input. Hour Cost Saftnp PW No. (gpm) (gpmJft) (ft) (lIP) ($) ($) ($) 3 825 9.5 121.8 37 3.06 21.467 :!!fff:1f!1::i1.::::!:::::::::::::. ............................ ~*~~:~~~:::::::~:~:::~-~ :::~:~~~f:::::i111:::f:!i:I1~1fi:i~_: il~if::::i~::iff::ili:fl.: :~i*i:i:!:i~:::::::_ !::I~!f:::f~_ ::::i:iI::::::::::::I:::1iIi .......... .................. ........................... ............................. .. . 5 850 28.4 64.9 20 1.68 11.786 :::!~::::::,:::.:.:ll:::ii:i::.:.:::':::: :::i~:if!:!!:1::~:~::!i~~:f~lI. ::ili~!:f~~:~1i:1::!i::1lJ.1I ill;:1:::::::::i:ir... ~~i!f~:f!!:::::::1:::~i:*f1:I!1I ............................ f~l~i:i1:::::::::li_1 :!:~I:!:::!:i!:i1~11I ~~m~~~i!1~1~~i~j~~11iJi.: ... ... .... . . ..... ... . 6 1,000 6.0 221.7 82 6.76 47.339 .:1~:~1:::::::::,.::::::::I:II. :m~::::i:::iiI:::::iII lilil::::!:::::::::::~i. It~li:::::::ii:::::::i!::::::::!::(_!I:i!!:l!::::I~:f:. !~~f:i::::::::::I. ~m~1j~i~~;::::;;::::;;~::;::~::: ............'........................................... ................................................. 8 725 13.3 93.5 25 2.07 14,478 .....::::;::i:::::.:.:i:...::::;:::IIl:~: ... :11:!:II~~::;!~i;,,:!:~:i~i~.1*i:ll!l:k~~::~~~: =~~!\tt:~~~'~:~~:~:~~'~ :gr' ~WJ#x ' . ..... ..-. . ~ ~-::>>~* 9 650 4.2 216.8 52- 4.29 30,090 ':I::~:;::::::':::::::~:ji_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . ::11:::,:::::::::::;!::::::j~j:~_ ............................ rlii:ll:!::i.. ~~~~f#.~~:':::':' .' '. .... ............................ .....,.-.................... :lli;~:~::::::::i:::::\]::_ :~:::;:::::::;i::::::::::::!jll*: jjj~~j~~~~jj~jjjjj~~jjj;~j. . ........ ... :~:"':::~:::~. 13 450 9.5 75.4 13 1.03 7 ,243 :i!:li~~:;::,.:::::t~:::~;::..::.:;:;. ;::i;~~::i:::;;::::::::::::::l:_. . . . . . . . . . . . , . . , . . . . . . . . . . . . . f;i~~~::::::::::;~:::~IB 1i:~1:!:i::::~:;:::::::::::::11j::jlll :11::~:::1::ilili:!~== liijl:::::::11:::j~,_~ ~~1lJf~~f:~~l:~"::'" . W.' . - ............'........,................................" .:::::::::::::::::.:::::.:.:::::i.::~ ................ . IrttIr{J:..~:.......:....J~ :::~~::.~~;:~.. . 21 950 10.2 181.1 66 5.45 38,170 .:lli:;:::::::.II:,:,:.::'.'."'::. :[ll~:~:I~:~~ilililf.1I :iili!~:~!::l::::::::l~. :I~::~:~:::- :ll:::~~~:~~:~~I_ il~l_. 111:111_ t~fir<"" .. i:~:~~:~:;:~;;:~::...:...... ... ...: 25 900 10.4 184.5 62 5.06 35,469 -;:~::::::.'::::.:':.:'::::II;* :::::::::::'U::':"'.:.:.:.l: .............,........................................'. :::':j::I':'::.'::.::':':'::::::::,:. ............................ :::~:::::::::::::ISi$:1 ~:~:~1~::{:f::~:::::::~:;~~~~: ::'::::::~:'::,:::::::t3.L'l :.:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.: ............................ :;:W:;::;::;::::mmtl.$U .:.:.:.:.:.:.:.:.:.1 '. ...,........-............... .......................................................' .......-,..... ............ ............................ ::;:::::::::;:;::::..,......:..:...............:.:.: .........,......,.......... ...........,............... ..,........................,. ....... .................... . .., ..... .. ...... ,.....-... .. 26 825 5.0 267.0 87 7.13 49.982 I[RR ...... "...."............ ..........." -........... ........ "..-............. ...... -.......'.....-.. .-....." .............. . . . . . . ' . . ' . ' , . . . , . . . . . . . . . . ........................... ..... ......'.' ........ .............. ........... ::!::~:1:!::::..:.:.m:;:;::':.t .........."..-.. .......... .. ... . . . .. -. .......... . . ............ ............... :.::!:!;:::::..::::...!~jJl~~ .... . ............-..'.'.'.-...........'................ ....- .................... :nmn,:}{imi ......~ :'{:::i:\?_. ............:':.:.'.,:......-:.:...................:... ~~tJ~!{r::....;;.::~. ......~:....:..~i~ Total 7,175 97 1,434 445 37 256,025 ::I-::.:::,:!.!'.:. :::::~:~;:::.-:::1:.:'::1~_::: ;::;:;*;:::::;:;::;::;;:::::::::::::;::::::;:::;:::::: '~j~jljij(!~~~i!f~~~~;:~~~~~j;~. :!l:~:::'::.:::'.:":::~::il:~::ii.l: :fi~!:::::::~i'i.li~11 ;:::::~::::::::~;;::::::::::::;:::::~:::::-=:::::; ::m::t::;:):;:,::m:mlaJi .......1. . .. .:.:.:.:.:.;.; : .....,.......'.............. ................,.....,................................ :~:::::::::::~...:;.......... ................:.:.: ....,....................... .. . ............ . ... .................... ... Average 797 10.7 159.3 49 4.06 28,447 .ite~,.:.: ~:.::::.~Il::.:.::::.: ....:B;::: ....... "............-.. ..... ..._".............. ,...... ......................................... .'... .................. ..... ................... . . . . . . . . . . . . . . . . . . . . ... ..................... .... .. .................. .... .................. I:::i;:..!~iB:::, .... .................... ti\: nnibSt .... ..................... '.l~ ........ ................ ?f 1~~:\..::.;.~:.~,.:>..:.:.:...::::.: .................. PW = City production well Q = Production well yield based on flowmeter reading on March 19, 1993 gpm = gallons per minute TDH = total dynamic head = systeJiJ. head plus distance to pumping water level HP = horsepower lOOl2387.DFB " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ff qL - MEETING OF MAY 25. 1993 CHANGE ORDER NO. 3/DEES CONTRACTING. INC. DATE: May 21, 1993 This is a change order in the amount of $3,001.13 which also extends the contract completion date by 24 days to the contract with Dees Contracting, Inc. for miscellaneous changes to the Elevated Water Storage Tank Rehabilitation project. The scope of work includes miscellaneous structural and painting modifications, including revising scope and unit pricing for sway rod s , additional caulking and painting as recommended by Post, Buckley, Schuh and Jernigan. Also included are contract modifications and clarifications made with the contractor in order to achieve an amicable project completion. Recommend approval of Change Order No. 3 in the amount of $3,001.13 which also extends the contract completion date by 24 days to the contract with Dees Contracting, Inc. for miscellaneous changes to the Elevated Water Storage Tank Rehabilitation project; with funding from Wa ter and Sewer Renewal and Replacement - Rehabilitation 1/2 Million Gallon Elevated Storage Tank (Account No. 442-5178-536-61.79). '. . AGENDA REOUEST Date: May 18, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: May 25, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve Change Order #3 to Dees contracting Inc. for miscellaneous changes to the Elevated Water Storage Tank Rehabilitation (90-01) Scope of work includes miscellaneous structural and painting modifications including revising scope and unit pricing for sway rods, additional caulking and painting as recommended by Post, Buckley, Schuh and Jernigan and TEAM, Inc. Change Order #3 also includes Contract modifications and clarifications made with the Contractor to achieve an amicable Project completion. Change Order #3 is for an add amount of $3,001.13 and an extension of time to May 29, 1993 to complete the Project. Funding Source is 442-5178-526-61.79. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of Change Order #3 to Dees contracting The Change Order has been reviewed by Susan Ruby and she concurs with the content and format. Department Head ~/IJ_ .fl.".. .__,,~..o ~/tql '0 ~Jt--- Signature: 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: ~O Funding alternative Cct,--' L- _') Account No. & Description Account Balance ~ '/ . 'l (12~ k' , ./ City Manager Review: Approved for agenda: @/NO ffr1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.kt " . Memorandum Date: May 19, 1993 To: David T. Harden, City Manager Thru: William H. Greenwood, Direc~~nvironmental Services Ralph Hayden, City Engineer '~~ From: Howard Wight, Construction Manag~v~ Re: Elevated Water storage Tank Rehabilitation (90-01) Change Order #3 to Dees Contracting Please find attached Change Order #3 to Dees contracting for the Elevated Water storage Tank. Change Order #3 includes miscellaneous changes regarding scope of work and Contract Modifications. The scope of work changes were initiated by Consultant based on field inspection as the work progressed. They are required to be completed to achieve structural and coating integrity and longevity of the tank repairs. The Contract modifications resulted from discussions between City staff, the Contractor and the Consultant. Change Order #3 represents a resolution of the claims submi tted by the Contractor. It also represents a resolution of deficienciesjinterpratations noted by the Consultant and disputed by the Contractor. By resolving these issues amicably at this point thru Change Order #3 we feel that it will expedite completion of this tank rehabilitation so that it can be put back in service. File: 90-01 D CC: Dick Hasco, Acting Director of Public utilities Susan Ruby, City Attorney '. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3 PROJECT NO. 90-01 DATE: PROJECT TITLE: Elevated Water Storage Tank Rehabilitation TO CONTRACTOR: Dees contracting, 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. Amend Structural modifications to the exterior of the tank revising the number of sway (connector) rods to be tightened or replaced. This revision also includes a unit price reduction for this modification. Also included is additional exterior caulking, increasing the area required for sporadic paint touch-up due to original paint delamination. Additionally, between the deck and the rail of the catwalk area caulk 1/4" gap around the perimeter of the tank. All work to be in accordance with Schedule "A" attached. All other provisions of the Contract through Change Order #2A shall apply including the one (1) year warranty from date of acceptance by the Engineer for all work being completed per Article 51 of the General Conditions. Recommendations and determinations per TEAM letter of May 11, 1993 attached entitled "Inspection of Work In-Progress to Date" and "Punch List Items to Complete" shall be included as part of this Change Order. By execution of this Change Order Dees Contracting acknowledges acceptance of the provisions of these documents and waives any pending work related claims based on the original Contract thru Change Order #3. Any Claims for additional costs alleged due to delays caused by the City or their Consultants is waived by Dees Contracting by execution of this Change Order. After May 29, 1993 Dees Contracting will pay the City $535.00/calendar day to cover actual damages for cost of inspection/contract administration incurred by the City. This costs will be accrued until final acceptance of the Project by the City per the Contract Documents. Item 4, Schedule B of Change Order #2A states that Dees is to "Blast all rusted areas and coat tank bowl. Caulk around severely corroded rivets after prime coat." This line is to be amended to read "Blast all rusted areas and uniformly coat all areas blasted on tank bowl. Caulk around severely corroded rivets after prime coat. Caulking material used to be compatible with paint used and be suitable for this type of application." Dees to blast and coat area on north side of tank exterior where level indicator cables have rubbed against side of tank and scratched the coating. '. . Elevated storage Tank Change Order #3 Page 2 James Dees is to personally supervise the proj ect to completion or provide Supervision that is satisfactory to the City. Written notice is required two days in advance of any change of supervision. Prior to May 29, if proper supervision is not provided by Dees the City will deduct $535.00/calendar day from the Contract amount. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $259,111.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 85,179.46 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $344,290.46 COST OF CONSTRUCTION CHANGES THIS ORDER $ 3,001.13 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $347,291. 59 PER CENT ADD THIS CHANGE ORDER 1 % TOTAL PER CENT ADD TO DATE 34 % Work to be completed final by May 29, 1993 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. for Dees Contracting, Inc. TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 442-5178-526-61.79 is FUNDING SOURCE DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: William H Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk '. ~, Schedule "A" ELEVATED STORAGE TANK Change Order #3 ACTIVITY C. O. #3 Unit Total Quantity Price --------~---------------,-------------------------------------------------------------------- ---------------------------------- 1. Revised scope/price on sway (connector) rods a. Tighten rods (Change Order #2A, Item 3, Structural) -20 EA $500.00 ($10,000.00) b. Replace rods (Change Order #2A, Item 3, Structural) -20 EA $1,000.00 ($20,000.00) c. Tighten rods (renegotiated scope/price Change Order #3) n EA $425.00 $30,600.00 d. Replace rods (renegotiated scope/price Change Order #3) 8 EA $500.00 $4,000.00 2. Additional caulking recommended by TEAM and PBS&J 1 LS $4,608.00 $4,608.00 a. Caulk eye connections at riser stay rods (40 ea) b. Caulk seams along rivet seams to first circumference rivet seam on bottom of bowl c. Caulk seam at first circumference of rivets on bottom of bowl 3. Increase scope of Sporadic touch-up due to more delamination paint encountered after sandblasting per TEAM report 5/11/93 (per C.O.#2A, item 2 of tank exterior 30% was owner responsibility) 0.46 LS sa,OOO.OO $3,750.00 4. Caulk 1/4" gap between railing and deck on catwalk. Caulk to be continuous around perimeter of tank. 1 LS $250.00 $250.00 5. Unforeseen structural repairs contingency allowance (Change Order #2A, Item 4, Structural reduction a. Deduct for revisions 1 thru 4 above -1 LS $10,000.00 ($10,000.00) 5. Deduct for Tnemec seam sealer purchased by City 1 LS ($206.87> ($206.87> ---.---------- Net Change Order #3 $3,001.13 ==========-=== , '. ',','.1. TANK . ':::i:: ::::::::" NGINEERING .1,',', ',',','.. . 'II.', ':1:'::: . PfD . '1111 - . .,t + .',',1. t....~.., f r-"!-' 111,',',. . ','r'l ; ~': , :1:1:,:, ANAGEMENT .:.:':' 1:.\-; y ::::::::. ',',',1 r.'q .(1: ~'; Consultants, Inc. . ,'1',1 1'11,'1' .,'.',1 , . I',','." . .I""~ ;J il: ' . Ma y 11, 1993 .' i ~ "..,..... ~_.- . Mr. Howard Wight Construction Manager city of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Re: 500,000 Elevated Water Tank Inspection of Work In-Progress to Date Dear Howard: The above referenced tank was inspected by Dan Coleman of TEAM Consultants on Tuesday, May 11, 1993. The purpose of the inspection was to determine the extent of work left for completion and~to review the deficiencies as stated in the letter dated April 23, 1993 from Rich Voorhees to Ralph Hayden. An opinion of the Contractors request for additional funds as outlined in the memorandum to Susan Ruby from Ralph Hayden on April 30, 1993 is also included. A. Tank Inspection: A punch list of items requiring work for project completion is included with this report. The project is currently manned properly and the Contractor appears eager to finish this project. James Dees and Gary Pettries accompanied me on this inspection and are aware of deficiencies found. B. Letter from Rich Voorhees to Ralph Hayden dated 4/23/93. 1. Deficiencies 1 thru 3 and 5, 6 are inter-related and. are currently in progress of repair. 40% of these repairs are completed. 2. Items 4 and 7 thru 9 have been repaired. C. Contractors Request. Memorandum Dated 4/30/92. Item (a) Reject - no cost - was covered but not done in original contract. \ Item (b) No decision Item (c) Reject - no cost - Contractors responsibility to determine high water line. Item (d) Accept - more delamination found than originally anticipated. 8180 Woodland Center Blvd. · Tampa, Florida 33614 · (813) 889-7800. Fax (813) 889-7607 " City of Delray Beach May 1993 500.000 Gallon Elevated Water Tank Paqe No.2 If the Contractor and inspector work diligently the project should be substantially completed in 14 days. Additional cure time of interior coating may be required though. sincerely, Tank Engineering And Management Consultants, Inc. i J dti . . ~/ / '&t{u! c!' "t ':;;H~~'- Daniel E. Coleman, E.I. , CWI DEC/mc cc: William H. Greenwood, Director of Environmental Services Ralph E. Hayden, P.E., city Engineer File: Proj. 90-01 (A) '. PUNCH LIST ITEMS TO COMPLETE PROJECT 90-01 500,000 GALLON ELEVATED TANK May 11, 1993 A. Tank Interior 1- Abrasive blast missed rivets and mud cracking coating in roof area. 40% of this work is completed to date and is in progress. 2. spot blast and prime overflow pipe and recoat. 3. Repair nicks caused from overblast on straight shell surfaces. 4. spot blast and prime roof hatch area and ladder after installation. 5. Caulk bottom angle to shell connection on horizontal roof angle and recaulk sporadic missed areas in roof. 6. After the above items are finished, top coat entire tank interior. 7. Abrasive blast and recoat riser. 8. Holiday test entire interior surfaces and make repairs as necessary. B. Tank Exterior 1- Abrasive blast and recoat all rusting rivets and areas on underside of tank bowl. Caulk areas where necessary at rivets. Recoat entire lower bowl section after blast and prime. 2. Finish touch-up coating at areas of nicks and delaminated coating. Finish painting of turnbuckles. 3 . Blast and recoat rusting riser stay rods under bowl. C. Mechanical Repairs 1- Finish installing interior ladder. 2. Weld access door in riser. 3. Replace float cable and pulleys. Replace indicator guide cable clamps. NOTE: Repair all coating damaged by cutting and welding. D. Clean-up site and repair damaged grass etc. ,'.1 tft'-1' ,0U1v .c',6~ Tank Engineering And Management Consultants, Inc. ;, >~I~: Jjr;t-'Jj~~J LVKt-'.AU1\11:\. .~; ,!-;';,j-~,j ;l1.nALIJ , ;A" ~.r-: '-II ""UtLKA r U~V. ~I.:I\V I LI.:~ j if 1 /, :t1BSJ rosr. - \ '-.-' ENGlNLEIUNG . BUCKLEY, PLANNING SCHUH &. gO-Ojf6 JERNIGAN, INC. April 23, 1993 P06t~lt'" brand fax transmittal memo 7671 hf p.ge. ~ '3 To ~A \..P H H 1\'1 ~e~ 'rom R., c. H CO, C, i7 or ()l;I.Nt... '(./"1 Co. PG S .. .,. Mr. Ralph Hayden, P,E. Oept'<;I''1 ~(,'IJ~".. PhDn !4-o7)64-,..;Z1S City Engineer Fed 40; 7-+'J~ 7Q(,c hilI! City of Dekay Beach 434 S. Swinton Avenue DeIray Beach, FL 33444 Re: Delray Beach Elevated Storage Tank Dear Mr. Hayden: .. I have talked to Garry Pettriess, PBS&J's inspection subconsultant, regarding the subject project. Mr. Pettriess has been on the site beginning April 21, 1993, after a week's hiatus, Mr. Pettriess has discovered during the last two days that there are many improperly coated areas. Also previous deficiencies have not been corrected, The Contractor, Dees Contracting, Inc., has on several occasions been notified of non-compliance with the contract documents and it appears that this Don-compliance is continuing, Some of the deficiencies that have been discovered just in the last two days are as follows: OcG-J /rJ P 1. On the tauk interior roof several areas are exhibiting mud-type cracking. This 7 /..tJI,4{; indicates excessive paint millage buil~l\P' A'" ,J<. , ~ 1/ (It" I 0 .-- ;J;~IL {JAJ ~if-:.M,j !/tdJ~'1 If /-/bl,(()A'1 t6JT. 'tT/j1/II~ 1ft. 2. C"'f. angles and plale edges thlougbout t~ tank ""cesslve milfake IS caUSin(~~ f] cracking. (J,J(J./( --- oJ !Jilt AI MlLli . . , 3. There are areas wliere are steel IS expused ~ the second coat of pamt has been IJ applied, ..----- 4. In the bottom of the tank debris, sand and trash has been painted over with the Gl1ftfrM second coat. S. A previous deficiency report filed 4/7/93, regarding rust areas on the tank roof was not acted upon. This is backed up by photos taken 4/21/93 and 4/22/93, Also in these areas, rust evidence is occurring through the second coat. Mr. Dees and Mr. /JJ jJ ~ (..(ffi /) Chambers have said 111at these areas In question were sand blasted and reprlmed prior to applying the second coat of paint. Several areas were scraped with a knife by Mr. Pettriess. At these test areas rust was observed under the new second coat. I \ \ ' SOD ORANGE AVENUE, SUITE 700, WINTER PARK. flORIDA 3Z189-SS44 . TElEPHONE: 407/CS47-7215 \ '. ./ . ,:So, r. tl y ; t'tl:S&J LUi{t'. AUM I i\. ; ~-~~-~~ ;ll;~~AN ; ~UtLKAY tlW. :stt<. v I Lt:s ; ~ ~ _.. .. ~ ~. (:. . '. . . C! 60'" . ~~'... ! .'J ,.J' '. '~-,--' - Mr. Ralph Hayden April 23, 1993 Page 2 6. . Several other areas (6 to 7) that were rusting prior to 4/13/93 were checked on ftJ 1/Ul~MJ..J 4/21/93 after the second coat was applied. Rust was occurring under the second coat, 7. The interior ladder which was previously primed is now rusting heavily through the 6((/ f (/:f Ii() primer. The contractor has been told repeatedly to completely reblast and recoat the ladder prior to installation in the tank. No action has been taken on this item for over a month. 8. Tht':m is 8. large area on the tank wall at the leg #4 rivet pattern which was not I) blasted properly, seam sealed or primed. This area did receive the second coat ot paint over rust. I J 9. The Contractor continues to insufficiently staff the job properly to complete it within a reasonable time. (bml/h'~ 10, The Contractor has not taken advantage of several clear good painting days in the tJlJrt/J il' past. fJr:/L (D. " 11. The Contractor has significantly gone over the contract time. The Contractor is not II takJng a pro..acdve rule lu t:AjJ~djt~ Mmpletion of his work. fP{)<.tlr;JJ 12, The Contractor bas not complied with the contract documents in the past and he L~j), /if continues to flagrantly disregard the contract documents in his continued operations. Q} S D l-uM I {.,}] Pmi " , . ~t.i,.j Lll 'Iti~IltJ LVl'il. .'W,\ll:~. . 'i- Lt:l- i:JJ .11. LtJdllJ . . U- / .' ., .. " _ .. t.Ll'id I Ll" V. ~tK V I U:.~ ,If .:l - ;.',."'-,:.... I ,,' .., ". , , '--.....-- \............ Mr. Ralph Hayden April 23, 1993 Page 3 ~tJO L~hLJ P8SftJ~eli~es it is.' i inn ~ e best inte~ of the ~. relieve Dee~racting, inc., f~ C I') I p. J anf fury duties <m1his project. .--/ y If you have any questions, let me know. Very truly yours, ) 5:?~'c~ j U-L- J. Richard Voorhees, P.E. Project Manager c: W. H. Greenwood, City of Delray Beach L. D. Vincent, S. G. Pinney and Associates, Inc. W. R. Karasiewicz, P,E., PBS&J IRV/dp/L6fH2.JIJJ,1UI PBSJ 'f .. I' '-, , ; \ . --- ,.- DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: SUSAN RUBY CITY ATTORNEY DAVID T. HARDEN CITY MANAGER THRU: WILLIAM H. GREENWOOD ~4~ DIRECTOR OF ENVIRONMENTAL SERVICES FROM: RALPH E. HAYDEN, P.E.~ CITY ENGINEER DATE: APRIL 30, 1993 SUBJECT: ELEVATED STORAGE TANK, DEES CONSTRACTING &l{O~tE~!lN()~~';O~.:~1 ,., ~\'r'tl'l~,':,~i,.....li. 41"""#"~.'~', . ~,,:j!I'''';\ <.' ':';'.<~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Greenwood and I have had several meetings with Mr. James Dees and Mr. Alan Nagy of Dees Contracting this week. I have tried to clear up several items to keep this project moving towards a satisfactory completion. In conclusion of these meetings Dees contracting is requiring the following: 1. Pay request #12 (copy attached) paid in full by ~~ close of business on Friday 4/30/93. If paid, James Dees will continue work on the - tank and plans to be complete in 24' working days~cept for weather delays and holidays. James Dees will personally act as project superintendent. 2. Contractor is requiring additional funds for work ".: he says he was required to do. In summary they are as follows: (2.t f t /lt0 Lf... a) Seam sealing sidewalls of the Tank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $~. 0.60 M 1(111 b) Delays caused by the inspector ..... ~. O.()~ f.n,F\, c) Extra work to remove caulking below.. ~. (},DD L S!U/9J LtflJ;tv high water line ..'................ / d) Extra work required by inspector 3.750. . 0/( (D. I,; because of paint delamination .... oJ $ 3~ 3 )Ji)-. - 1 or 4 ~ ..... " , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~ - MEETING OF MAY 25. 1993 SERVICE AUTHORIZATION NO. 16C/POST. BUCKLEY. SCHUH AND JER- NIGAN DATE: May 21, 1993 This is a service authorization in the amount not to exceed $9,079.70 to the contract with Post, Buckley, Schuh and Jernigan for inspection services in conjunction with the Elevated Water Storage Tank Rehabilitation project. The scope of service under this authorization provides for a full time N.A.C.E. Level III inspector to observe construction and certify compliance with contract documents and specifications for all activities involving coating, sealants, and material applications as outlined in Change Order No. 2A. This authorization and Change Order No. 3 to the contract with Dees Contracting, Inc. represent a portion of the settlement package between the City, consultant and contractor for this project. Recommend approval of Service Authorization No. 16C in the amount not to exceed $9,079.70 to the contract with Post, Buckley, Schuh and Jernigan for inspection services in conjunction with the Elevated Water Storage Tank Rehabilitation project; with funding from Water and Sewer Renewal and Replacement - Rehabilitation 1/2 Million Gallon Elevated Storage Tank (Account No. 442-5178-536-61.79). .Zv-~ '. . i'>'< , U0~ MEMORANDUM TO: David T. Harden city Manager THRU: William H. Greenwood &J~Sl{l'({q3 Dir. of Environmental Services Ralph E. Hayden, P.E.~ City Engineer )~ FROM: Howard Wight 1fJr;.. Construction Man 7~ DATE: May 19, 1993 SUBJECT: INSPECTION SERVICES FOR THE 500,000 GALLON ELEVATED STORAGE TANK, PROJECT #90-01 Attached is an agenda request and back up for Service Authorization #16C to Post, Buckley, Schuh and Jernigan, Inc. (P. B. S. &J. ) . It provides for an extension to inspection services for the Elevated Storage Tank. P.B.S. & J. provided pro-bono services thru April 12, 1993. Service authorization 16B extended their inspection services through 5/12/93. Service authorization 16C extends the services through 5/29/93, which is also the revised Contract completion date for Dees contracting, Inc. starting on 5/12/93, per Change Order #3 (separate Agenda item), Dees will be contractually liable for any additional costs of inspection incurred by the city. This Authorization and Change Order #3 to Dees represents a portion of the "settlement" package between the City, consultant and contractor for this Project in an effort to amicably complete the proj ect and get the tank back in service. It has been reviewed by Susan Ruby and she was involved in the negotiation process. staff recommends we retain P.B.S. & J. for these inspection services to maintain accountability and continuity to complete the work. HW:mm File: Memos to City Manager Susan Ruby, City Attorney Project No. 90-01 D RH01416.MRM '. , POST, BUCKLEY, SCHUH & JERNIGAN, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION> , DATE.: SERVICE AUTHORIZATION NO. ~ FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 442-5178-536-61.79 . PROJECT NO. 90-001 (CITY) POST, BUCKLEY, SCHUH & JERNIGAN, INC. TITLE: REHABILITATION OF 500.000 GAL. ELEVATED STORAGE TANK ; This Service Authorization, when executed, shall be incorporat- edin and shall become an integral part of the Contract, dated February 1, 1989 between the- City of Delray Beach and Post, Buckley" Schuh. and,Jernigan.r,Inc._. I. PROJECT DESCRIPTION Provide, resident .. proj ect, representative. ser.vices.' in conjunction with the rehabilitation of a 500,000 gallon I elevated, storage, ,tank.. at,. the, Environmental Services. Complex, City of Delray.Beach. II. . . - SCOPE OF SERVICES' Provide a . full time N.A~C.E. Level ITI' inspector to observ.e'.construction;. and;. certify'"co,mpliance~" with, contract, documents and specifications for all activities involving coating, sealants,. and. material applications as outlined in Change Order . Number 2A, incorporated herein by reference.,.. stated, inspection. services . shall be provided in conformance with,.the,following.requirements. A. An N. A. C"E'~ Level' III' Qual'i.fredResident. 'Proj'ect Representa.tive will be assigned to. assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding Resident Representa- tive's actions. Resident Representative's dealing in matters pertaining to the on-site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the CITY with the knowledge of and under the direction of CONSULTANT. 1 " . B. Resident Project Representati ve. shall where applicable: 1. Review the progress schedule, schedule of Shop Drawing submittals and schedule' of values. prepared by CONTRACTOR . and consult with CONSULTANT concerning its general acceptability. 2. Attend meetings. . with CONTRACTOR, such as preconstruct ion conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Working principally . through CONTRACTOR'S ~ . superintendent, assist CONSULTANT in serving as the City's liaison with CONTRACTOR, when CONTRACTOR'S operations affect the CITY'S on-site. operations~ \ . 4. Assist- in... obtaining from the CITY additional details. or information, when required for proper. execution. of. the'Work.,. 5. Record date; of. receipt, . of, Shop_.. Drawings,. and samples. 6. Receive samples which are furnished at the site by . CONTRACTOR, and. notify' the .CONSULTANT of availability" of,:, samples., for:. examination. 7. Advise. the- CONSULTANT and, CONTRACTOR of the commencement of any Work requiring a Shop Drawing. if the submitta,l' . has> not been' approved. by the CONSULTANT., 8. Conduct on-site' observations 'of.'. the' Wbrkin progress to assist the .CONSULTANT .in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 9. Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the CONSULTANT of Work that Resident Project Representative believes should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by the contract. 2 " . 10. Verify that tests, equipment..', and.' systems' startups, and operating and maintenance training are conducted in .the presence. ofp' appropriate.,' personnel, and that CONTRACTOR maintains adequate records thereof; and. observe" record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 11. Accompany visiting inspectors representing public or other agencies having jurisdiction over the.. proj ect, record the results of these inspections and report to the CONSULTANT. 12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 13. Consider and evaluate CONTRACTOR'S suggestions . for. modif'ications;,-in. Drawings. or. . Specif ications I and report- with Resident Project Representative's recommendations to the I CONSULTANT.. Transmit, to, CONTRACTOR decisi.ons as , issued by the CONSULTANT~ .. 14. Maintain at the.. job site. orderly files for correspondence'.,. reports of.. job . conferences', .Shop, Drawings and samples, reproductions of original Contract. Documents' including all Work Directive Chang.as;... Addenda.,.." Change'.Orders,,,....Field,:. ,Orders,... additional Drawings issued subsequent to the execution . of. the; . Contra.ct, CONSULTANT'S clarificat~ons and interpretations of the Contract, Docum'ents, . progress, reports,. and., other Project related, documents,. 15 ~ Keep' a diary or logbook, recording .'CONTRA:CTOR" hours on the job site, weather. conditions.,., data relative to questions of Work Directive Changes, change Orders or changed conditions, list of job site visitors, daily activities.,., decis.ions, observations in general, and specific observations in more detail as in the case of observing tf.st procedures; and send copies to the CONSULTANT. 16. Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontractors and major suppliers of material and equipment. 3 " 17. Furnish the CONSULTANT periodic. 'reports'-:as'. required of prpgress of the Work of the CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 18. Consult with the CONSULTANT in advance. of s,chedule major tests, inspections or start of important phases of the Work. 19. Draft prpposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. : 20. Report immediately to the CONSULTANT. and the CITY upon the occurrence of any accident. 21~., Rev.iew,. appli.cations for., payment with . CONTRACTOR : for' comp'liancewith 'the established procedure for their submission and forward with recommendations. to.. the CONSULTANT, noting particularly the relationship of the payment. requested. to. the schedule.. of. values., . .Work completed and materials and equipment delivered at the. site but. not,...incorp.orated.in.the. Work~ 22. .During. the course of~ the. work" verify that certif,icat,es.,. maintenance, . and. operation, manuals and other. data required to be' assembled and furni.shed .by CONTRACTOR. are.. applicable to. the i terns actually' installed and in' accordance. wi th . the Contract. Documents:, and have. this material. delivered to. the. CONSULTANT: . for review and. forwarding' . to. ,CITY. prior: to final payment for. the Work ~ . 23. Before the CONSULTANT issues' a. certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 24. Conduct final inspection in the company of the CONSULTANT, the CITY and the CONTRACTOR and prepare a final list of items to be completed or corrected. 25. Observe that all items on final list have been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. 4 'l C. The Resident proj ect. Representat'ive:" shal'l':not-:. :.,.., ~. Authorize any deviation from . the.... Contract. Documents or .substi tution of materials or equipment. . 2. Exceed limitations' of. the . CONSULTANT'S' .authority . as set forth in. the Contract Documents. 3. Undertake any of the responsibilities of CONTRACTQR, subcontractors, or CONTRACTOR's - superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods,. techniques,. sequencea or.procedures of construction unless' such advice or directions are specifically . required by the Contract Documents... 5:. . Advise:' on.;.:'. issue""directions. 'regarding"or ,. assume'. control.over safety precautions and programs .in connection, with .t'.le.., Work,.. 6.. ' Accept. Shop, Draw,ing, or . sampl.e., s.ubmittals"..from. anyone... other than...CONTRACTOR'. 7. Authorize '. the. . CITY.~to'. 'occupy . the .. proj ect . ..in . whole. or.:in "J1art. .,.'.' .. 8. Participate'. in specialized"' field or' 'laboratory '., tests or inspections.canducted, by others except. as specifica'lly authorized' by" the CONSULTANT.. II.I...,BUDGET. . Compensation.. for: Professiona'l' ' Services.. '.described,:in.. Section II. shall be'on.a time 'and' material'" ba'sis;"not.,.to.. exceed a total amount of $9,975.00.., Fees shal~. be based on the following estimated schedule.: Inspector Regular 96 Hrs. @ $ 40.70/Hr = $ 3,907.20 Overtime 40 Hrs. @ $ 61.05/Hr = 2,442.00 Inspector 17 Days @ $ 71.50/Day = 1,215.50 (Per Diem) Consultant 10 Hrs @ $105.00/Hr = 1,050.00 Project Manager Clerical 5 Hrs. @ $ 33.00/Hr 165.00 Reimbursable Expense (estimated) = 300.00 Total Estimated Fees = $ 9,079.70 5 '. . IV.. COMPLETION DATE. Performance of services described in section II' shall be. , . completed in conjunction with completion of rehabilitation : of the elevated storage'tank. Anticipated' completion' date' .. ., is. May 29, 1993. r 6 " . . This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase- or as.. encompass.ed' . by the previous service authorization. If the City in its sole discretion' is unsatisfied with the services. provided',in. the.'. previous phase or service authorization, the City may terminate the contract without incurring.. any further_liability. The CONSULTANT may not commence work on any service. authorization approved by the city to be included as part of the contract without a further notice to proceed. Approved by: . , CITY OF DELRAY BEACH: CONSULTANT: Date Date' Thomas., E.., Lynch witness Mayor. I Witness, A ttes,t :... STATE.OF COUNTY OF The foregoing instrument was acknowledged before me this Approved.. as:to,.L.ega,L, _. day of, '-. Sufficiency and Form by (name..of officer or agent, title of officer or agent) , (Name. of corporation Acknowledg,ing) , . a: (stat.e or . place of incorporation} corporation, on behalf of the corporation. He/She is (personally known to me) (or has. produced, identification} (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgement Signature of Acknowledger Typed, Printed or Stamped 7 ., ., [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW lSl AVENUE' DELRAY BEACH, FLORIDA ))444 L\CSI1\lILE 407/278.4755 Wr~t_r'_ D~r.ct L~n_ (407) 243-7090 MEMORANDUM Date: May 17, 1993 To: City Commission Assistant City Attorn~ From: David N. Tolces, Subject: Settlement of Russell Hessert v. City of Delray Beach This case arose out of automobile accident involving a city of Delray Beach police officer and Mr. Hessert's vehicle in 1991. As a result of the accident, Mr. Hessert suffered a herniated disc. The Plaintiff's original demand was for $145,000. Mediation was held on May 14, 1993. At the mediation, the Plaintiff had lowered his demand to approximately $56,000. The parties were able to agree on an amount of $22,500 to settle all claims regarding the incident. If you h~ any questions regarding this matter, please call. DNT: sh cc: David Harden, City Manager Lee Graham, Risk Manager Cheryl Leverett, Executive Assistant hessert2 . dn t ql\l '. . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM it tit:) - MEETING OF MAY 25. 1993 SELECTION OF NOMINEE TO SERVE ON THE FLORIDA LEAGUE OF CITIES BOARD OF DIRECTORS DATE : May 2 1, 1 993 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. At the May 11th regular meeting, additional questions were raised with regard to length of term and whether or not an alternate could be designated as back-up to the primary appointee. Mayor Lynch indicated he would check on these items at the upcoming Municipal League meeting and would report back at the May 25th Commission meeting. Recommend nomination of an elected official to serve on the Florida League of Cities Board of Directors representing the Palm Beach County Municipal League. ~t5I rllff)cJJ C5n .5 -0 otPti:: '. 04-15-93 14:09 P. B, CO,, l'iUi:_:. '. - -'. -- -, Palm Bench County MUNICIPAL LEAGUE P.o. BOX Hleg. GOVERNMENTAL CENTER. WEST PALM BEACH, FLORIDA 33402 (407) 355-4464 RECEIVED MBMORARDUM APR t 5 1993 '10: All Mayors *,Agera CITY MANAr'E~'S O~FICE PH: Jack Borni xecutive Director Palm Beach County Municipal Le e D'.l" : April 15, 1993 RB: Florida League of Cities Board ~f Directors **************************************************** The Florida League of Cities at its February 1993 Board meeting adopted a 4evision to its Board of Directors membership. Under this plan, Palm Beach County's membership will increase from one member on the Board to four members. Ratification of this plan will be required at the Annual Florida League of Cities meeting in August of 1993. In anticipation of that ratification, the Palm Beach County Municipal League Board of Directors is seeking names of ~D OPPICTaT~ who would be interested in serving as a member of the Plorida League of Cities Board of Directors representing the Palm Beach County Municipal League. Please submit names with a brief description of background and interest to the Palm Beach County Municipal League office by May 28, 1993 so that the Municipal League Board of Directors can review those naaes submitted and be prepared to make recouunendations and nominations for the additional ..ats at the Plorida League of Cities Annual meeting_ Your attention in this matter will be greatly appreciated. Thank you. ., , . [ITY DF DELIAY BEA[H 1 00 ".~ ;"i !;~..; '.I ::'\,. ',...I:: . :;"u"':", '3'='':''C",. i'LORIQA 33444 . 407 :..lJ .,~ ':,00 May 26, 1993 Mr. Jack Horniman, Executive Director Palm Beach County Municipal League Post Office Box 1989 Governmental Center West Palm Beach, FL 33402 Mr. Horniman: At the May 25, 1993 regular meeting of the City Commission of the City of Delray Beach, Florida, Mayor Thomas E. Lynch was selected as the nominee to serve as a member of the Florida League of Cities Board of Directors representing the Palm Beach County Municipal League. A copy of background information on Mayor Lynch is attached for your information. Sincerely, ; J If I .,--1-: " ' . I) ';-'- . . ' , ....l.C J 1.1l4Cl- . _J '-- / ALISON "MACGRsGOR HARTY City Clerk Attachment CLL/AMH:cl THE EFFORT ALivAYS MATTERS . THOMAS E. LYNCH Background Information Born: October 3, 1947 in Oak Park, Illinois Raised in Chicago, Illinois, area and moved to Florida in 1969 Home Address: 801 Palm Trail, #5, Delray Beach, FL 33483 Business Address: 820 N. Federal Highway, Delray Beach, FL 33483 Occupation: President of Plasteridge Agency, Inc. General Insurance Agency with offices in Delray Beach, Boca Raton and Coral Springs Education: Bachelor's Degree from Loyola University, Chicaqo, Illinois, 1969 Post-qraduate work at Northwestern University, Evanston, Illinois and Florida Atlantic University, Boca Raton, Florida; completed all but 12 credit hours for Masters in Fundamentals of Education at Florida Atlantic University Obtained CPCU Designation in 1978 Community Involvement: Serves on many boards and committees of various types with leadership positions as follows: Present: Mayor of the City of Delray Beach (second term) Member of the South Central Regional Wastewater Treatment and Disposal Board Liaison to the Palm Beach County Municipal League Board member of Better Business Bureau of Palm Beach County Board member Florida Atlantic University Foundation Board member Palm Beach County Tourist Development Council Past: President of Delray Beach Sunrise Kiwanis Club Member of Delray Beach Human Relations Committee President of Delray Beach Chamber of Commerce President of Bethesda Hospital Association President of Insurance Agents of South Palm Beach County Chairman of the Delray Beach Community Redevelopment Agency Vice-president and Board member Florence Fuller Child Care Center Hobbies: Tennis, golf, basketball and boating " ". ... -- - _.. - ~_. - - ~-bbL/-5 Palm Beoch County MUNICIPAL LEAGUE P.O BOX ,Qn. GOVERNMENTAL. CENTER, WEST PALM BEACH, FLORlOA s:s..oz (.07) 355.4484 RECEIVED - MaMORARDOM APR f 5 199J 'lOa All Mayora *nagera CITY MANAr'~Cp~ ()r~ICE ft. Jack Born! xecutiv. Director Paba Beach County Municipal Le e Dra April 15, 1993 RB. Florida League of Citi.. Board.of Director. 1/ --.........-.-.-.......-.........--...-....-..-..-.. II The Florida Leagu. of Citi.. at its F.bruary 1993 Board m.etinq adopted a revision to ita Board of Director. membership. Under this plan, Pal. Beach County'. membership will increa.. from one ..mb.r on the Board to four ..aber.. Ratification of this plan will be r.quir.d at the Annual Plorida Leagu. of Citi.. ...tinq in Augu.t of 1993. In anticipation of that ratification, the Pal. Beach County Municipal League Board of Directors is ...king n.... of J1.~D ~ICTaTs who would be int.r..ted in .erving a. a "~r of the Plorida Leaqu. of Citi.. SOard of Directors repr.senti~9 the Palm Beach County Municipal League. Pl..se subDdt ~. with a brief d..cription of background and interest to the PaL. Beach County Municipal I..ague office by May 28, 1993 80 that the Municipal Leagu. Board of Director. can review those n.... submitted and b. prepared to mak. recOllllD8ndation8 and nominations for the additional ..at. at th~'Plorida League of Citie8 Annual ...ting. Your .tt.nt~on in this ..tter will be greatly appreciated. Thank you. I ~s/4 't OS/2t,.....9313:55 Z 4(17 276 5244 PLRSTPIDGE RGC. (11 ~ -- . it of pag.. ~ DIIPl, Phon" it .21/; .3-.).11 Fill( II 21' "';' 771 Fa.. ~ .J.1(, ,j:<f THOMAS E. LYNCH Background Information Born: October 3, 1947 in Oak Park, Illinois Raised in Chicago, Illinois, area and moved to Florida in 1969 i\ddress: 801 N. Palm Trail, #5, Delray Beach, FL 33483 .'"1S: 820 N. Federal Hwy., Delray Beach, Fl 33483 i,.i('ltion: President of the Plastridge Agency, Inc. a genet-a 1 insurance agency with offices in Delray Beach, Boca Raton, and Coral Springs Children: Erin, age 18i Brendan, age 11:;- ~ , Connor, age 12; and Meghan, age 7 :_on; Bachelor's Degree from Loyola University Lr.. Chicago 1969 20st graduate work at Northwestern University l t: Evanston, Illinois, and Florida Atlantic University in Boca Raton, Florida 1969-1971 completed all but 12 credit hOUlE' ~_ 'l' Masters in rundamentals of Education at F 1 Lj _.:_ ~j d. Atlantic University Obtained CPCU Designation in 1978 (,~'(jr,)::':-:, . ,.' Serves on many boaris and committees of 'lZLtiouf!, Tnvolvement: types with leadership positions as follows: Pn?F\~"nt : Presently Mayor of Delray Beach (second tI2l:~n) Board member of Better Business Bureau of Pa lrn Beach County Boat'd Member Florida Atlantic University Foundation Board Member Palin Beach County Tourist Development Council 1215/26/',3 13: 55" . ~ 41217 276 5244 PLI'<STf;: I [iGE I'<GC. ~J 2 . Thomas E. Lynch Background Information Past: President of Delray Beach Sunrise Kiwanis Club Member of Human Relations Board of Delray Beach President of Delray Beach Chamber of Con~erce President of Bethesda Hospital Association President of InlOlurance Agents of South Palm Beach County Chairman of the Community Redevelopment Agency for Delray Beach (1985-1989) Taught School for Two years (1969-19'71) Vice President and Board Member Florence Puller Child Car Center . 1 Tennis, golf, basketball, boating ;j., .les: . . Outside Agency Appointments: Agency Liaison Palm Beach County Municipal League Mayor Lynch, with Dr. Government Center Alperin as alternate 301 North Olive Avenue P.O. Box 1989 West Palm Beach, FL 33402 Contact: Jack Horniman Executive Director 407/355-4484 Meets on the 4th Wednesday of the month at 10:30 a.m.; location varies South County Council of Governments Mr. Ellingsworth, P.O. Box 839 with Mr. Randolph as Delray Beach, FL 33447-0839 alternate Contact: Elaine Roberts 407/737-9754 Meets on the 1st Wednesday of every other month; time and location varies (usually meetings are at 4:00 p.m.) Palm Beach Countv Beaches and Shores Council Dr. Alperin; no P.B.C. Engineer Department alternate 5th Floor Conference Room 160 Australian Avenue West Palm Beach, FL 407 - 355-4011 Contact: John Walker (City staff) 243-7321 Meets on the 2nd Monday of the month at 1:30 p.m. at above location Metropolitan Planning Organization of Palm Mr. Ellingsworth with Beach County Mr. Randolph 160 Australian Avenue, Suite 201 P.O. Box 21229 West Palm Beach. FL 33416-1229 Contact: Randy M. Whitfield, P.E. Director 407/684-4170 (City staff - Greg Luttrell 243-7285) Meets on 3rd Thursday of the month at 9:00 a.m. at Governmental Center - 12th Floor, 301 North Olive Avenue, WPB liaL doc , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM it lOI1 - MEETING OF MAY 25. 1993 ORDINANCE NO. 38-93 DATE: May 21,1993 At the May ii, 1993 regular meeting, this ordinance was scheduled for public hearing. However, during discussion, the caption of the ordinance was modified and first reading was held. This is now 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 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; and, to retroactively provide increases to certain beneficiaries. Attached as backup material for this item is the Actuarial Impact Statement. The Statement, along with a copy of this ordinance, must be filed with the State Division of Retirement and Bureau of Municipal Police Officers and Firefighters' Retirement Fund prior to the final public hearing on this ordinance. The Commission may wish to defer public hearing until such time as that requirement is met. At the April 27, 1993 regular meeting, Ordinance No. 38-93 was passed on first reading by a 5-0 vote. At the May 11, 1993 regular meeting, Ordinance No. 38-93 was passed on first reading by a 5-0 vote. Recommend deferral of final action on Ordinance No. 38-93 until the Acturial Impact Statement requirements are met. luJ~ ~ (!07~ 0dzL 6/'8'/93 '. tlTY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 200 NW ISI A\E'\t:E . DELRAY BEAC/!, FLORIDA 33~.u FACSIi\IILE ~(I~ :7S.~755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: May 17, 1993 TO: Joe Safford, Director of Finance FROM: Susan A. Ruby, City Attorney SUBJECT: Police and Fire Pension Fund Ordinance Change / Ordinance No. 38-:-93 as Revised Pursuant to an earlier inquiry, our office has reviewed the Florida Statutes and find that Florida Statutes Section 112.63(3) requires prior to the adoption of a change in retirement benefits and prior to the last public hearing thereon requires a statement of the actuarial impact of the proposed change upon the local retirement system consisti?n~ with the actuarial review. This statement must be furnished to the Division of Retirement. Such statement must also contain whether~e proposed changes are in compliance with Section 14, Article 10 of the State Constitution and with Florida Statutes 112.64. Therefore, we do need an actuarial impact statement prior to second reading. cc David Harden, City Manager M:....4!~P~~.lI.. Harty, City Clerk . -iO~ -~ KRUSE, O'CONNOR AND LING INC. F'ORT L.AUOEROAL.E OF'F'ICE WEST BROWARD PROF"ESSIONAL BUILDING 7320 GRIF"F"IN ROAD, SUITE 200 , F"ORT LAUDERDALE. F"LORIOA 333'" ----- ~~ tZd'~ (305) 7al- 5888 NORTH I CENTRAL. F'L.ORIOA OF'FlC e: 101 SOUTHEAST SECOND PLACE. SUITE 201 GAINESVILLE, F"LORIOA 32801 (ao..) 375 - 3800 "I:~LY TO I"O"T LAUOE"OALE May 18, 1993 Mr. Joseph M. Safford Finance Director City of Delray Beach 100 Northwest 1st Avenue Delray Beach, Florida 33444 Dear Joe: As requested, we have prepared the enclosed Actuarial Impact Statement with respect to the proposed change in pension benefits for police and firefighters who retired before October 1, 1990. The Statement must be filed with each of the listed Bureaus before the final public hearing on the ordinance. Please have a member of the Pension Board sign the Statement. Then send the Statement and a copy of the proposed ordinance to each agency in Tallahassee. Please contact us if there are any questions. Sincerely yours, ~ fJ~ D ~'1 c J. Stephen Palmquist JSP/mm Enclosures cc: Salvatore Arena KRUSE, O'CONNOR AND LING INC. F"ORT LAUOEROAL.E OF"F"lCE WEST BFlOWAFlO PFlO"ESSIONAL. BUIL.DING 73Z0 GFlI,.,.IN FlOAO. SUITE ZOO "OFlT L.AUOEFlOAL.E, ,.L.OFlIDA 333104 4___ ~~~ (30S) 78" seee NORTH / CENTRAL. F"L.ORIDA OF"F"ICE 101 SOUTHEAST SECOND PL.ACE, SUITE ZDI GAINESVIL.L.E, F"I..OFlIOA 32801 (8004) 37S' 3800 FlEI"LY TO "O"T L.AUOE"DAL.E May 18, 1993 Mr. Charles Slavin, Actuary Bureau of Program Services Division of Retirement Cedars Executive Center, Bldg. C 2639 North Monroe Street Tallahassee, Florida 32399-1560 Ms. Debbie C. Haben, Chief Bureau of Municipal Police Officers & Firefighters' Retirement Fund State Treasurers Office Larson Building, Room 214 Tallahassee, Florida 32399-0300 Re: Actuarial Impact Statement for the City of Delray Beach Police and Firefighters Retirement System Dear Sir and Madam: Please review the enclosed proposed ordinance which would grant a one-time 5% increase in benefits for those who retired before October I, 1990. As indicated by the attached tables, passage of this ordinance would raise the City contribution by $46,294, or 0.52% of covered payroll. The actuarial impact has been computed on the basis of the same actuarial assumptions and methods used in our October 1, 1992 Actuarial Valuation Report. In our opinion, the proposed changes are in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the State Constitution, Respectfully submitted, By For the Board of Trustees As Plan Administrator By J. teph Palmquist, ASA, Enrolled Actuary No. 93-1560 ii~:\:i#~~~~=~1!r~i;:~.l~~~;i~~;!;;;;': . ...... .......... . . . .....'. ... ,- . .... Before After Changes Chances A. Number Included in the Valuation 1. Active Members 237 237 2. Inactive Members 53 53 B. Covered Annual Payroll $ 8,854,429 $ 8,854,429 C. Actuarial Present Value of Projected Benefits 48,201,026 48,601,569 D. Actuarial Value of Assets 30,082,770 30,082,770 E. Actuarial Present Value of Future Contributions 1. Total: C - D 18,118,256 18,518,799 2. Portion Assigned to Unfunded Frozen Actuarial Accrued Liability (UFAAL) 530,756 931,299 3. Portion Assigned to Future Normal Costs 17,587,500 17,587,500 F. Annual Payment Needed to Amortize UFAAL 55,430 97,261 As % of B 0.63% 1.10% G, Annual Employer Normal Cost 1,343,398 1,343,398 As % of B 15.17% 15.17% H, Interest on F and G from Valuation Date to Contribution Date(s) 149,218 153,681 As % of B 1.68% 1.74% I. Required EmployerlState Contribution: F + G + H 1,548,046 1,594,340 As % of B 17.48% 18.01 % J. Estimated State Premium Tax Refund 507,569 507,569 As % of B 5.73% 5.73% K. Balance Required from Employer: 1- J 1,040,477 1,086,771 As % of B 11.75% 12.27% L. Year to Which Contributions Apply 1. Plan Year Ending 09/30/93 09/30/93 2. Employer Fiscal Year Ending 09/30/94 09/30/94 3. Assumed Date(s) of Employer Contributions 12131193 12/31193 - - Before After Chances Chances A. Actuarial Present Value of Projected Benefits for 1. Active Members a. Normal Retirement Benefits $ 35,006,248 $ 35,006,248 b. Vesting and Early Retirement Benefits 1,441,581 1,441,581 c. Disability Benefits 1,632,125 1,632,125 d. Preretirement Death Benefits 656,073 656,073 e. Return of Member Contributions 328,197 328,197 f. Other 0 0 g. Total 39,064,224 39,064,224 2, Inactive Members a. Service Retirees 4,162,424 4,330,125 b. Disability Retirees 4,334,674 4,535,531 c. Beneficiaries Receiving Benefits 520,045 546,047 d. Terminated Vested Members 119.659 125,642 e. Total 9,136,802 9,537,345 3. Total for All Members 48,201,026 48,601,569 B. Actuarial Value of Assets 30,082,770 30,082,770 C. Unfunded Frozen Actuarial Accrued Liability (UFAAL) 530,756 931,299 D. Actuarial Present Value of Projected Member Contributions 5,617,231 5,617,231 E. Actuarial Present Value of Projected Employer Normal Costs: A3 - B - C - 0 11,970,269 11,970,269 F. Actuarial Present Value of Projected Covered Payroll 76,635,300 76,635,300 G. Employer Normal Cost Rate: 100 x f./F 15.62% 15.62% H. Assumed Amount of Administrative Expenses 58,140 58,140 I. Annual Payroll of Active Members Below the Assumed Retirement Age 8,228,283 8,228,283 J. Employer Normal Cost: (G x H) + I 1,343,398 1,343,398 . , __ ______ __ ___ _ _u________ _ ___ ____ ___ ____.________ - ._ -_._ _____ 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 De1ray 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 anc 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", o~ 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~ 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 September 30, 198~; 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 contai~ed 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 began receiving 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 an( minimum retirement income provided in this section shall be ._-~~- -- ---- ----- --- --~ 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. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 38-93 , , - ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM it 12A - MEETING OF MAY 25. 1993 ORDINANCE NO. 39-93 DATE: Ma y 2 1, 1993 This is the first reading of an ordinance rezoning and placing land presently zoned POC (Planned Office Center) district in the RM (Medium Density Residential) district; said land being generally located south of Lake Ida Road and west of Congress Avenue. The subject property is the remaining parcel of the Dorson property. The development proposal consists of constructing eight two-story buildings, consisting of 16 condominium units each, for a total of 128 units. This number of units represent 7.11 dwelling units per acre as opposed to.the 12 units per acre allowed by the RM designation. The Planning and Zoning Board at their May 17th meeting held a public hearing on the rezoning request. Several members of the public spoke. There was a general concern that once the rezoning was approved, it would allow a maximum density of 12 units per acre, and that there were no guarantees that the proposed 128 unit condominium project would be built. The Pla~ning and Zoning Board recommended approval of the rezoning request. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 39-93 on first reading, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5 (D) (5) of the Land Development Regulations, and the policies of the Comprehensive Plan. . , - , -- --- ------- .--- - . .------ ---------- ORDINANCE NO. 39-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN THE RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT: SAID LAND BEING GENERALLY LOCATED SOUTH OF LAKE IDA ROAD AND WEST OF CONGRESS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN: AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990": PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the RM (Medium Density Residential) District, as defined in Chapter Four of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: A part of Lot 20 of Block 1, as shown on the Plat of DELRAY SHORES, Palm Beach County, Florida, as recorded in Plat Book 24, on Pages 232 and 233 of the Public Records of Palm Beach County, Florida, said part being more particularly described as follows: Beginning at the Northeast corner of Lot 1 of said Block 1, DELRAY SHORES: thence Easterly, along the arc of a curve concave to the South, having a radius of 1569.66 feet, a central angle of 04 degrees 41'27" and a chord bearing of South 87 degrees 39'18" East, a distance of 128.49 feet: thence due South, a distance of 812.98 feet: thence South 88 degrees 09'00" East, a distance of 394.64 feet to a point in the Westerly right-of-way of Congress Avenue: thence South 18 degrees 38'55" West, along said Westerly right-of-way line of Congress Avenue, a distance of 512.38 feet to the point of curvature of a curve concave to the Southeast: thence Southwesterly, along the arc of said curve having a radius of 3872.80 feet and a central angle of 01 degrees 08'24", a distance of 77.06 feet: thence North 88 degrees 09'00" West, a distance of 488.28 feet to a point in the Easterly right-of-way line of Davis Road: thence due North a distance of 108.95 feet to a point of curvature of a curve concave to the Southwest having a radius of 575 feet and a central angle of 36 degrees 00'00", a distance of 361.28 feet: thence North 54 degrees 00'00" East, a distance of 110.00 feet: thence Northwesterly, along the arc of a curve concave to the Southwest having a radius of 3100 feet, a chord bearing of North 43 51'25" West, and a central angle of 15 degrees 42'48", a distance of 850.14 feet: thence North 08 degrees 28'06" East, a distance of 142.81 feet: thence due East, a distance of 740 feet: thence due North 110 feet to the Point of Beginning afore described. LESS AND EXCEPT those parcels of land described in Official Record Book 2398, Page 1424, Official Record Book 3198, Page 481, and Official Record Book 4545, Page 235, Public Records of Palm Beach County, Florida, and less right-Of-way for Congress Avenue. Said property containing 18 acres, more or less, and lying South of Lake Ida Road and West of Congress Avenue in Delray Beach, Florida. . . I ----~--=~=--~=~~ .-- Section 2. That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances 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 immediately upon 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. 39-93 . ,: I( ;:t,{ 1 .. - ! C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~~ T. HARDEN, CITY MANAGER ..... u.U\~U~ THRU: DA J. KOVACS, DIRECT DEPARTMENT OF PLANNING AND ZONING FROM: ~~II SUBJECT: MEETING OF MAY 25, 1993 APPROVAL ON FIRST READING OF A REZONING FROM POC (PLANNED OFFICE CENTER) TO RM (MULTI-FAMILY MEDIUM DENSITY) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a rezoning request from POC (Planned Office Center) to RM (Multi-Family Medium Density). The subject property is located just south of Lake Ida Road on the west side of Congress Avenue, and is situated to the west and south of the Lake Ida Plaza. The property contains approximately 18 acres. BACKGROUND: In November of 1988, the subject property was annexed into the City as part of Enclave 59, with a MF-M (Multi-Family - Moderate Density) and C (Commercial) land use designation, and an initial zoning of ART (Agricultural Residential Transitional) and ACT (Agricultural Commercial Transitional). At the owner's request, in December of 1988, the Planning and Zoning Board held a public hearing to consider the rezoning of the property. A number of different zoning categories were considered. After careful evaluation, the Board recommended that POC (Planned Office Center) be applied upon the entire parcel. At its meeting of February 14, 1989, the City Commission approved the rezoning to POC upon the second reading of Ordinance No. 2-89. For a more detailed discussion of the background of this property, please refer to the attached Planning and Zoning staff report. ., ~ City Commission Documentation Rezoning from POC to RM for Club Delray Page 2 The subject property is currently vacant, and the request now before the City Commission is approval of a rezoning request from POC to RM in order to construct 128 multi-family units. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a public hearing on May 17, 1993. Several members of the public, including those who are involved in surrounding neighborhood homeowners associations commented on the proposal. While none were in opposition to the rezoning, there was a concern that once the rezoning was approved, it would allow a maximum density of l2 units per acre, and that there are no guarantees that the proposed 128 unit development (7.11 du/ac) would be built. There was also a concern that the condominium project may have numerous rentals. However, it was noted that this item may be controlled through the condominium homeowner documents. The Planning and Zoning Board recommended approval of the rezoning request on a 7-0 vote. RECOMMENDED ACTION: By motion, approve on first reading of the rezoning request from POC (Planned Office Center) to RM (Multi-Family Medium Density) for the Club Delray. Attachment: * P&Z Staff Report jcm/t:ccclub ,~ Ll-:\j\Jl\lII~~ 6- LU'~ll~U L;' "\. t, *, f....~i CITY OF DELRAY BEACH --- STAFF REPOF.(i --- r ~TINa DATE: MA Y 17. 1993 AGENDA ITEM: IILA. ITEM: Rezoning of Property Located Generally to the West and South of the Lake I<Jd Plaza (SW Corner of Lake Ida Road and Congress Avenue). from POC (Planned uffice Center) to RH (Nedium Density Residential). """"li. _ ..., ~-w ~ ~/~ru -1 ~ J-J- M i l- ~ I ~ '- ::z 1 \ 1/ II I I I I:I~& # II I I ill II I 1'7;""~ .. 11 -- of, II r- II III ~qi.1S. - TT - 11 t: ,r'r,.. ')0 ~'o( ,.. .. 7 r;; !jffg I TIl 1I1~ '$..... ~ .. II 111[' J,~.Ii) .v~ ~ .. " 1 ~~~, ~~ 0 ~~ J 11 II .. . ,,)( , ~'-.:~- II I 1 I I , I ~'-~ 0 " -- l II 111111111 Ilf III II II - ~~ mJ R f-r-.JI 11 II III I I >! l -r--., ~ I .L. --1 l- II I J I I ~ENERAL DATA: Owners...................Sheldon Rand, Representative for: Mary Dorson, the estate of Gertrude Dorson, Helen Greenspan, Samuel Mill.r, Irene Hiller, and Eileen S. WeIss. Contract Purchaser.......Claude Brochu c/o Claude Lemire Aqent....................Lawrence Sehres Location.... ..........;.. .West side ofConqreu Avenu., south of Lake Ida Road. Property Size............l8.0 acres. City Land Use Plan.......Transitional City Zoninq..............POC (Planned Office Center) Proposed Zoninq..........RM (Multiple Family Residential - Medium Density) . Adjacent Zoninq...North: PRO (Planned Residential Development), POC, RM, and PC (Planned Commercial) East: PC and pee (Planned Commerce Center) South: HIC (Mixed Industrial and Commercial) West: SAD (Special Activities District), POC and R-IA-B (Sinqle Family ResIdential) Existing Land U8e........Vacant. A lift station is locat.d at the southwest corner of the 8lte. Proposed Land Us.........128 multiple family (condominium) dwelling units. Water Service............ExIstlnq 8" water main located alonq the north property line. Sewer Servic.............Existinq 8" sewer main located alonq the III..-\, north property line. ., \ I T E M B E FOR E THE BOA R D: The action before the Board is that of making a recommendation on a rezoning request from POC (Planned Office Center) to RM (Multiple Family Residential - Medium Density), pursuant to Section 2.4.5(0) of the Land Development Regulations. The subject property is located just south of Lake Ida Road on the west side of Congress Avenue, and is situated to the west and south of Lake Ida Plaza. The property contains approximately 18 acres. SAC K G R 0 U N D: The subject property is the remaining parcel of the Dorson property which once consisted of 325 acres. In 1974, the City received a request for a voluntary annexation of the subject property with an initial zoning of RM-6. That request was denied as the City Commission at that time wanted to retain a single family character in this area, given adjacent low density zoning districts. . In 1986, the City conducted a County Pocket Study of unincorporated parcels, and subsequently amended its Land Use Plan to minimize conflicts between the County Land Use Plan, .,-, County zoning, the City's Land Use Plan, and existing uses. The impetus for this action was the pending adoption of an Enclave Act, and a desire to provide a compatibility of land uses and development patterns upon annexation of unincorporated areas. The Dorson property was part of Enclave 59. Under the County's jurisdiction the property had a land use designation of "'. LOw/Mod.erate Dens.,i.~y Residential (3-8 du/ac). The Enclave Report recommended that the property be given a MFM (Multi-Family Medium Density) land use on the north and commercial land use on the south, with an initial zoning of ART (Agricultural Residential Transi tional) for the north portion and ACT (Agricultural Commercial Transitional) for the south portion. The owner appeared at a Planning and Zoning meeting at which this item was being discussed, and objected to the transitional nature of the proposed zonings of ACT and ART. The owner requested that the entire property be zoned GC (General Commercial). To avoid postponing action on all of Enclave 59, the owner and the City agreed to proceed with the transition~l zonings, with the understanding that the City would consider alternate zoning classifications for the parcel after its annexation. In November of 1988, the subject property was annexed into the City with a MF-M (Multi-Family - Moderate) and C (Commercial) land use, and ART (Agricultural Residential Transitional) and ACT (Agricultural Commercial Transitional) zoning. P&Z Staff Report Rezoning from pac to RM for the Dorson Property Page 2 Prior to the Planning and Zoning meeting for the rezoning, the item was advertised in such a manner that a range of classifications could be applied, from R~ to GC or combinations thereof. The property owner sought GC (General Commercial) zoning on the southern portion of the property and LC (Limited Commercial) zoning on the northern portion. At its meeting of December 19, 1988, the Planning and Zoning Board held a public hearing which was attended by approximately 150 interested individuals. The overall sentiment of those individuals was that residential development (zoning) should not be affixed to the property. While there was support from the public for general commercial zoning on the entire parcel, the Planning and Zoning Board after careful evaluation recommended that pac (Planned Office Center) be applied upon the entire parcel, The reasons for this recommendation included: * that the property should be developed in a unified manner; * that residential development was not appropriate based upon the testimony which was received and the lack of buffering between the existing shopping center and the developable area; * that unrestricted commercial use would be inconsistent with adopted policy which calls for prevention of "commercialization" of intersections, and would otherwise provide an adverse traffic impact; '* that POC zoning and development exists along Lake Ida Road and such a planned office center presents the most appropriate use of the land from a community develop~en~. perspecti~e. -. .. At its meeting of February 14, 1989, the City Commission approved the rezoning to POC upon the second reading of Ordinance No. 2-89. The subject property is currently vacant, and the request now before the Board is to rezone the property from POC to RM in order to construct 128 mUlti-family units. PRO J E C T DES C RIP T ION: The proposed rezoning involves approximately 18 acres.The sketch plan which accompanied the rezoning request indicates that the planned use of the property is as a condominium development. The proposal includes 8 - two story buildings having 16 units per building, for a total of 128 units. This number of units represents 7.11 dwelling units per acre. However, the RM designation would allow up to 12 units per acre. P&Z Staff Report Rezoning from POC to RM for the Dorson Property Page 3 Z 0 N I N G A N A L Y S I S: _ REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The requested zoning change is from POC (Planned Office center) to RM (Residential - Medium Density). The property has a Transitional Land Use Plan designation. The allowable zoning designations which are deemed consistent with the Transitional Land Use designation are: -RM Medium Density Residential (proposed zoning) -POC Planned Office Center (current zoning) -CF Community Facility -R-1 Single Family Residential -RL Residential Low Density -PRD Planned Residential Development -NC Neighborhood Commercial -POD Professional Office District -RO Residential Office The Transitional land use designation is applied to land which ts .to be developed for either residential or non-residential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. Residential development at a density between 5-12 units per acre, mobile home parks, apartment development, and condominiums, are appropriate under this designation. RM zoning is consistent with the land use designation of Transitional, and multi-family structures (condominiums) are allowed under the proposed RM zoning. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. e . , ') ct P&Z Staff Report Rezoning from poe to RM for the Dorson Property Page 4 Streets and Traffic: Pursuant to Section 2.4.5(0), with all rezoning requests, traffic information is required which addresses the development of the property under reasonable intensity pursuant to the existing and proposed zoning. As the traffic volumes being proposed for the site are less than 1,000 trips per day, primary review of the study rests with the City's Traffic Engineer. The City's Traffic Engineer has reviewed the traffic study, and found it acceptable as it relates to the sketch plan. The study has been forwarded to Palm Beach County for final review. The applicant has submitted a traffic study which indicates that the change in zoning with the proposed site plan will significantly decrease the potential impact of traffic on the surrounding road systems. Under the current zoning of POC, an office development could generate 2,732 ADT (based on a 0.30 floor area ratio yielding approximately 241,000 sq. ft. of office development) . Under the proposed zoning of RM, a residential development built to maximum density (221 units) would generate 1,547 ADT. This represents a 44% reductJon in daily trips from the POC zoning, and if the project is developed in accordance with the attendant sketch plan ( 128 units), the traffic generation would be 896 ADT. This figure equates to about a 67% reduction in daily vehicular trips from a development built under the POC zoning. The above traffic discussion is based on maximum build-out under multi-family or office zoning, and assumes that traffic concurrency is not a factor to development. However, concurrency is a concern, as the link of Lake Ida Road adjacent to the site from Congress Avenue to Barwick Road is currently over capacity. This condition would allow a development to add traffic at or below 1% of capacity to the road, which equates to 137 daily'trips. .The sketch pIan as proposed does 'not provide an' access onto Lake Ida Road (except for emergency purposes). The number of trips being placed on Lake Ida Road from the proposed development would not exceed the 1% allowed. An office development, or a larger residential development, would have a different distribution pattern, and may not be able to meet concurrency standards on this section of Lake Ida Road. There was some discussion at the time of the rezoning to POC, to provide a street connection between Davis Road and Congress Avenue. This connection was contemplated to eliminate some of the traffic impact on Lake Ida Road, and to provide access from the subdivisions to the west to this potential employment base. With the rezoning to RM, the rationale behind such a connection is diminished. However, there still may exist a need for this connection to provide an alternative entry and exit to the Delray Shores neighborhood, given the impact of traffic at the intersection of Lake Ida Road and Davis Road. This issue will be further addressed at the time of site plan approval. .. P&Z Stciff Report Rezoning from POC to RM for the Dorson Property Page 5 Water: With the change in zoning, water and sewer demands for a residential use are greatly increased over the demands for an office use. For instance, a 216 multi-family development would use approximately 100,000 gpd of potable water, whereas an office park with 241,000 sq,ft. of floor area would use approximately 24,000 gpd of potable water. The proposed residential zoning creates a significant increase in water demand. However, there should not be a problem in accommodating the additional demand at the water treatment plant, as there wil1 be sufficient capacity to handle the increase. Thus, a .finding of concurrency can be made as it relates to potable water. Pursuant to the Land Use Element Policy A-4.4 New development shall be required to extend public utilities for water, sewer and drainage to the furthest portions of the property which is being developed. This policy shall apply in all cases unless it is determined by the City Engineer that no good purpose is served by such extension and no other development will occur at the end of the extension. A 12" water main exists along the south side of Lake Ida Road, and will most likely be the main which will service development on this property. An 8" main has been extended from this 12 " main to serve the Lake Ida Plaza, and dead-ends at Congress Avenue. Approximately 250' south of the property, an 8" main services the businesses along Congress Avenue. It may be necessary with this project to prov ide a connection with these existing mains, or extend a main to the furthest point of the property. The City Engineer will make that determination at site plan review. Sewer: Sewer demands are based on potable water consumption. Given the water demand analysis, an increase in sewer generation rates can be anticipated. Even though there will be additional demands on the wastewater treatment plant, capacity exists to handle the increase. Thus, a finding of concurrency can be made as it relates to sewer. A city lift station is located on' the subject property, any need to upgrade this facility will be determined at site plan review. Parks and Open Space: With the change in zoning, there wIll be a greater demand on the park and recreation facilities within the City. Per the Open Space and Recreation Element of the Comprehensive plan, there is a current deficiency of neighborhood parks in the southwest portion of the City. A deficiency is not noted in the northwest portion of the City, where this development w1ll be located. Barwick Park is the closest neighborhood park which will service this residential neighborhood. P&Z Staft r'8port Rezoning from POC to RM for the Dorson Property Page 6 Pursuant to Section 5.3.2 of the Land Development Regulations, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, . an in-lieu fee of $500.00 per dwelling unit will be collected prior to the issuance of building permits for each structure. Solid Waste: The zoning change will most likely create a lesser demand on solid waste removal. A multi-family unit would generate approximately .96 pounds per day per unit of solid waste, whereas an office use would generate 5.4 pounds per day per 1,000 sq. ft. of floor area of solid waste. Thus, there is a potential the solid waste demand will be less with the proposed development. Drainaqe: There should be little or no impact on drainage as it relates to concurrency as a result of the rezoning. Development of this site under the RM zoning would most likely provide more pervious area than a development built under POCo From the sketch plan, it appears that drainage can be accommodated though the use of dry retention areas and the two proposed ponds. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(0)(5) (Rezoning Finding) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Comprehensive Plan Policies: ..- . . .. . . A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives are noted. Conservation Policy B:2.5: Whenever new development or redevelopment is proposed along a waterway, a canal, or an environmentally sensitive area identified via policy B-2.1, an area equivalent to at least 10' of the total area of the development shall be set aside in an undisturbed state or 25' of native communities shall be retained pursuant to TCRPC Policy 10.2.2.2. As this property abuts the LWDD canal the above policy applies. The entire site is however, in a disturbed state. Given the size of the parcel and its irregular shape, it may not be appropriate to provide the entire 10% of open space adjacent to the canal. This item can be addressed at site plan review (see discussion under the attached memo named Sketch Plan Analysis). '. P&Z s ta f f Reporc Rezoning from poe to ~j for the Dorson Property Page 7 Land Use Objective A-l: States that vacant property shall .- be developed in a manner so that future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. As previously noted, this site is in a disturbed state, and there are no unusual physical considerations (such as the preservation of trees) to be maintained when the site is developed. However, it does appear that the topography in the southern por-tion of the site is low, and will need additional fill (soil) to meet existing grades at the perimeter of the site at the time of development. The proposed zoning change to RM would allow a medium density residential development. This type of development would provide a transitional buffer between the existing residential uses, and the commercial and industrial uses to the east and south. A medium density development would be more compatible than an office use, given the residential character of adjacent land uses to the north and south. A residential use on this site will help to fulfill remaining land use needs by providing a specific type of housing (condominiums) development which is owner occupied. Land Use Element Policy A-I.S: In order to provide for a more balanced demographic mix, the development of " large scale adult ori$ntated co~unlties" on the remaining vacant land is discouraged. The proposed condominium development is not proposed to be legally limited to adults only. However, given the size of the units, number of bedrooms, and the proposed marketing to a second home buyer, this development will most likely not attract a family market. While this pol icy does not define "large scale", it is generally interpreted to mean communities like Abbey Delray, or communities which are similar in size to High Point or Pines of De1ray, both of which have more than 650 units. A development of 128 units as proposed would not be considered "large scale". Open Space and Recreation Element Policy A-J.J: Tot lots and recreational areas shall be a feature of all new housing developments which utilize any of the City's PRO zone districts or which have homeowner associations which must must care for retention areas, private streets, or conunon areas. Since the proposed development would most 1ikely have a homeowner's association which will care for the common areas, a tot 10t wil1 need to be provided pursuant to this policy. This 1 tern can be addressed with the approval of the site plan. P&Z Staff Report Rezoning from POC to RM for the Dorson Property Page 8 Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3,2 and other policies which apply are as follows: A) That rezoning to other than CF within stable residential areas shall be denied. (Housing Element A-2.4) The subject property is not located within a stable residential area, and is currently zoned for office use. It is, however, located in the same vicinity as neighborhoods that have been designated as stable. While this policy does not strictly apply, the compatibility of the proposed zoning with those neighborhoods, as opposed to the present POC zoning, is a consideration that is discussed under the standard below. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is currently zoned POCo To the north is property zoned RM and POC (office uses); to the west is zoned SAD (a commercial development containing a convince store and day care center) and a single family subdivision (Delray Shores); to the east is zoned PC and PCC (Lake Ida Plaza and a vacant parcel which could accommodate a planned commerce center) ; and to the south is zoned !otIC (manufacturing of electrical components). Given the surrounding land uses, the proposed zoning would provide for a transitional buffer between the less intensive residential uses to the west, and the commercial uses to the east. , . There will most likely be little or no impact from an RM development on the uses to the north, south, or east given that they are industrial, commercial and office uses. To the south, the site is buffered by an existing LWDD canal, and a substantial amount of open space. To the east is Congress Avenue and the shopping center. To the north, the site backs-up to an office use. The potential does exist for a negative impact on the adjacent single family homes to the west. This impact could be lessened through the application of a lower density zoning such as RL, however, it is also possible to mitigate the impacts through site design and buffering. The sketch plan indicates that a 6 ' high CBS wall will be provided around the perimeter of the site. A wall will buffer noise from this development, and the impact of glare from headlights on the adjacent properties. Perimeter landscaping will also be required with the development of this site. At time of site plan approval, additional landscaping requirements can be imposed to create an even more desirable buffer, this may include an additional tree line. , P&Z Staff Report Rezoning from POC to RM for the Dorson Property Page 9 It is also possible that a multi-family development would have a positive impact on the single family neighborhood, as it maybe considered by some to be more desirable than being adjacent to an office development. LOR COMPLIANCE: Section 2.4.5(0)(5) (Rezoning Findings): Pursuant to Section 2.4.5(0)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate, c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has indicated the reason for the zoning change request is the fol10wing: "The request for rezoning is based on certain circumstances particular to this site, and the environs which makes the RM district more appropriate than the currently POC zoning. These circumstances relate to office building demand, vacancy rates, traffic conditions, and residential use. This site has been vacant for some time due to lack of demand for office space. There is an over abundance of existing office space in the market. Overall vacancy rate is approximately 27-30% which equates to approximately 500,000 sq. ft. There has not been any noticeable decline in the vacancy rate for several years. In the past, the Congress Avenue corridor north and south of Lake Ida Road had some viability for office building development. There has been some minor building construction but vacancies exist. Companies looking to locate in Palm Beach County are opting for commercially viable locations in west Palm Beach area to the north, or Boca Raton to the south. In addition it is generally not possible to obtain construction or permanent financing for new a office development, even with a substantial amount pre-leased. P&Z S~aff Report Rezoning from POC to RM for the Dorson Property Page 10 To all the above, it has to be added that Lake Ida Road west of Congress Road to Military Trail is definitely near its capacity. It wouldn't be feasible to development the site to its permitted ,3 floor area ratio without increasing the capacity of Lake Ida Road - a major expense and not necessarily desirable. Residential is more appropriate. This pro j ect . reduces the density from Floor Area Ratio of .3 to a Floor Area Ratio of .17 for the proposed 128 units. The circumstances specific to this site which include the lack of demand for office space as well as the limited suitability, limited access and limited traffic capability, justifies the change to a less intense residential use all of which would create a desirable occupancy and benefit the local area as well as Delray beach as a whole." Thus, the applicant is reque,sting a zoning change based upon circumstance C above, and that the proposed zoning is of similar intensity as allowed under the Transitional land use designation. o THE R I S SUE S . . Median Openinq Alonq Conqress Avenue: The proposed development will require a northbound left turn lane through the Congress Avenue median. As this median was recently landscaped by the City, any changes that impact the landscaping must be reviewed by the City. It will be the developer's responsibility to bear all costs associated with the removal or relocation of the irrigation systems, wells, or plant materials as necessary. Water/Sewer Easement: The City's utility ~aps indicate that a .water and' sewer main. are. located. on the. subject .property, just south of Lake Ida Plaza. The survey which accompanied the petition does not indicate an easement for this main. A 12 ' utility easement will need to be provided. Lift Station: A City lift station is located at the southwest corner. of the site. There is an existing ingress/egress easement to the station. This easement also covers the lift station itself to its outer walls. However, the Engineering Department is requesting that additional property around the lift station be deeded to the City for maintenance purposes. Existing Manhole: An existing manhole is situated in the southern portion of the site. It currently services the subdivision to the west, and ties into the lift station. This manhole will most likely need to be relocated as it is situated under one of the proposed buildings. " P&Z Staff Report Rezoning from POC to RM for the Dorson Property Page 11 LWDD Easement: A copy of the sketch plan was provided to Lake Worth Drainage District for review. They have indicated that an add! tional 30 I easement will be required along the southern boundary of the subject property adjacent to the E-4 Canal. Platting: The subject property will need to be platted given its metes and bounds legal description, the need to deed property to the City for the lift station, as well as the necessary dedication of utility easements. poe Zoning: The change in zoning will create non-conforming situation with respect to the size of the remaining POC development to the north. Pursuant to Section 4.3.4 (K), the minimum size of a POC development is 3 acres. This remaining poe parcel is approximately 1 acre. A corrective zoning of this parcel to POD can be accommodated at a latter date. Sketch Plan Analysis: The sketch plan is not part of this rezoning action, however some site deficiencies have been identified as they relate to LDR requirements. It is appropriate at this time to inform the applicant of applicable site deficiencies based on a zoning of RM. These items are discussed in the attached Memorandum under Sketch Plan Analysis. REV I E W B Y 0 THE R S: The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the eRA (Community Redevelopment Agency) . Neiqhborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Special Courtesy Notices have also been sent to the following Homeowners Associations and/or persons within those associations: . Delray Shores Assoc. · Chatelaine Homeowners Assoc. · Lake Ida Association * Pines of Delray North * Rainberry Woods * Country Manor * P.R.O.D. * Unity Property Owners . Rainberry Lakes Homeowners Association · Delray Bch. Council of Communities If the rezoning request is approved a site plan must be submitted for review by the Site PIan Review and Appearance Board. P&Z Staff Report Rezoning from POC to RM for the Dorson Property Page 12 ASS E SSM E N TAN 0 CON C L U S ION: From a historical perspective, the RM zoning seems to be at least as appropriate as that of POC, Under the County's jurisdiction, the property had the potential for development of up to 8 units per acre. The Enclave Report recommended a medium density multi-family zoning (up to 15 units per acre). However, in 1988 the subject property was rezoned to non-residential. In terms of current conditions, the requested change in zoning from POC to RM is consistent with the Future Land Use designation of Transitional, and meets the Policies and Objectives as outlined in the Comprehensive Plan. It is also consistent with the City's goal of locating additional residential units in proximity to the downtown area. The change in zoning represents a reduction in traffic demands on the surrounding road links. The rezoning will create a greater demand on water, sewer, and parks however, concurrency can be met. The City's water and sewer plants have the capacity to meet the additional demands. The impact on parks is mitigated by the provision of the in-lieu fee. It is most likely that the change in zoning will create a lesser demand on solid waste removal, and any impacts can be offset with the use of a trash compactor and recycling bins. There will most likely be a lesser demand on drainage given the large amount of proposed pervious area. In conclusion, the change in zoning to RM will not hinder the ability to provide services which meet the established Level of Service standards as it relates to concurrency. The use will create a transitional buffer between the residential uses (lower intensity) to the west, and the commercial uses (higher intensity) to the north, south and east. With proper buffering, impacts on the single family neighborhood to the west can be minimized:' .. A L T ERN A T I V E ACT ION S: A. Continue with direction. B. Recommend denial of the rezoning request based upon a failure to make a positive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant to Section 2.4.5(0)(5) the rezoning fails to fulfil1 at least one of the reasons listed. C. Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). " P&Z Staff Report Rezoning from poe to RM for the Dorson Property Page 13 S T A F F R E COM MEN D A T ION: Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive plan, and Section 2.4.5(D)(5). Attachments: * Zoning Map * Sketch plan JCM/T:CLUB2 - M E M 0 RAN DUM SIT E P LAN A N A L Y S I S In reviewing the sketch plan against LOR requirements, the following items are noted and will need to be addressed with the site plan submission: * To comply with the Open Space and Recreation Element Policy A-3.3, the following adjustments could be made to the site plan. The proposed wall and road along this property line should be relocated further into the site, thus providing as much open space as feasibly possible adjacent to the canal. Also, the sketch plan indicates that 38% of the si te will be in open space, and only 25% is required by code. This additional 13% of open space could be designed in such a manner as to create pockets of native plant communities. These natural areas could be utilized as passive park areas and/or focal points of the development. * Pursuant to Section 4.6.9(D)(4)(c), Dead-end bays are discouraged. Every parking pod in the proposed development consists of dead-end bays. It would be appropriate to redesign the parking lot areas to accommodate through traffic. * If the rezoning is approved, solid waste demands increase with the residential use. No means of solid waste removal is shown on the sketch plan. A trash compacto~ would be appropriate to mitigate this impact, or the use of recycling bins is encourage and should be shown on the site plan with the appropriate screening. * The survey which was provided with the application does not show the location of the lift station. 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