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06-08-93 Regular CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 8. 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 ~ill 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 andlor non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to make your comments, kindly complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state, for the record, your name and address. All comments will be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred from speaking further to the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by majority vote of the Commission members present. City Commission Regular Meeting 6/8/93 A".t.~. ,p~lt& Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. AGENDA 1. Roll Call. 2. Invocation. . 3. Pledge of Allegiance to the Flag. . 4. Agenda approval. Action: Motion to approve. 5. Approval of Minutes: Regular Meeting of May 25, 1993 6. Proclamations: ~ Recognizing Ivan Retzignac for his academic achievements and ositive contributions to the City of Delray Beach. ~ Water and Pollution Control Operators Week - August 16-20, 993 .~ Presentations, 4> 10':- fll/o~~'l3 A. Veteran's Park Playground Committee - Status Report .... puf ro uJEldon) 8. ( .fi E..- Consent Agenda: City Manager recommends approval. A. AGREEMENT WITH PALM BEACH COUNTY CELLULAR TELEPHONE COMPANY: Approve an agreement with Palm Beach County Cellular Telephone Company which provides for the placement of nine cellular antennas on the City's elevated water storage tank located at 434 S. Swinton for a five year period. B. REVISED WATER SERVICE AGREEMENT/DISCOUNT AUTO PARTS: Consider a revised water service agreement with Discount Auto Parts located on West Atlantic Avenue and Medical Center Drive. ~\ C. ADDENDUM TO THE AGREEMENT WITH THE PALM BEACH COUNTY PROPERTY A~''S APPRAISER I S OFFICE: Approve an addendum to the agreement with S ~ the Palm Beach Property Appraiser's Office which eliminates the CoCfl~ -2- ., City Commission Regular Meeting 6/8/93 need for the City to pay certain costs associated with the collection of non ad valorem taxes in conjunction with House Bill 1637. D. AGREEMENT WITH PALM BEACH COUNTY FOR JOINT PROJECT PARTICIPATION: Consider an agreement between the City and Palm Beach County for joint project participation in the construction of a 24~ raw water main within the right-of-way of Linton Boulevard from Jog Road to Military Trail; and, the award of bid to Smith and Company in the amount of $591,472.50 with funding from Water and Sewer Fund - Water Mains (Account No. 441-5181-536-63.50). E. AUTHORIZATION TO FILE A MOTION TO VACATE ARBITRATION AWARD: Authorize the City Attorney to file a Motion to Vacate the arbitration award with regard to Officer DiGiovanni. F. APPOINTMENT OF OUTSIDE COUNSEL: Appoint outside counsel to represent the City in the Verna Cook v. City of Delray Beach and James Cook v. City of Delray Beach matters. . G. SETTLEMENT OF ATTORNEY'S FEES/AERO-DRI APPEALS: Approve the payment of attorney's fees in the amount of $26,000 for full and complete settlement of attorney's fees and costs incurred in defending the City in conjunction with the Aero-Dri Appeals. H. WAIVER OF PERIMETER LANDSCAPE REOUIREMENTS: Approve a waiver of Section 4.6.16 (H)(3)(a) of the Land Development Regulations for the Mouw Office Building located at 409 N.E. 3rd Street. I. REOUEST FOR FINAL PAYMENT/HAZEN AND SAWYER: Approve a request from Hazen and Sawyer for final payment in the amount of $2,377.80 for completion of the Operations and Maintenance Manual for the Miller Park Storage Tank project; with funding from Water and Sewer Fund - Miller Park Storage Tank - Engineering (Account No. 441-5181-536-69.01). J. REOUEST FOR FINAL PAYMENT/MOLLOY BROTHERS. INC.: Approve a request from Molloy Brothers, Inc. for final payment in the amount of $1,275 for completion of the Golf Cart Bridge Repair project; with funding from Golf Course - Other Improvements (Account No. 445-4761-572-63.90). K. REOUEST FOR FINAL PAYMENT/GATEWAY CONSTRUCTION COMPANY. INC.: ~ Approve a request for final payment in the amount of $12,209.38 ~Ij, :~~{\ from Gateway Construction Company, Inc. for completion of the ~ Water and Sewer to Former Enclaves (North Federal Highway) project; with funding from 1991 Revenue Bond Construction - Buildings (Account No. 447-5167-536-60.31). ~ L. RESOLUTION NO. 53-93: A resolution authorizing the Mayor and ~City Clerk to certify a survey of a portion of 8th Avenue. -3- .. City Commission Regular Meeting 6/8/93 M. RESOLUTION NO. 48-93: A resolution assessing costs for abatement action required to remove nuisances on 17 properties throughout the City. N. RESOLUTION NO. 49-93: A resolution assessing costs for abatement action required to remove nuisances on 16 properties throughout the City. O. AWARD OF BIDS AND CONTRACTS: 1. Road Construction Materials - Streets Maintenance Division - various vendors in the estimated annual amounts indicated below; with funding from Streets Maintenance - Materials and Supplies - Road Repair (Account No. 001-3113-541-53.10)- and Storm Water Utility Fund - Road Materials and Supplies/Drainage Repairs (Account No. 448-5416-538-53.20): -Hardrives of Delray $14,290 ~ -East Coast Asphalt 12,950 -Austin Tupler Trucking, Inc. 548 . -Charles Whiteside 1,200 2 . Ready Mix Concrete - Streets Maintenance Division - Rinker Material Corporation in the estimated annual amount of $11,700 with funding from Streets Maintenance - Materials and Supplies - Other Road Materials (Account No. 001-3113-541-53.90) and Storm Water Utility Fund - Road Materials and SupplieslDrainage Repairs (Account No. 448-5416-538-53.20). 3. Rental Rehabilitation - various vendors in the total amount \\ of $141,675; with funding from CDBG Housing Rehabilitation ~qj I ~~ (Account No. 118-1975-554-34.65): bl~ cf'J; o MJD Construction Services - 11-27 S. W. 2nd Avenue - $107, 520 *~ crP d~ Preston Construction - 315-317 N.W. 2nd Avenue - $34,155 ~ ( 4. Bond Services - 1993 Water and Sewer Revenue Bond - with ~~ funding from Bond proceeds: ~*' ~ C\~ ~Printing - Allied Printing Inc. - $5,832 ~Verification Agent - Causey, Demgen and Moore - $2,850 \-Escrow, Paying AgentlRegistrar - First Union Bank - $9,282 9. Regular Agenda: A. RESOLUTION NO. 52-93: A resolution authorizing the acquisition of certain real property by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain. City Manager recommends approval. B. RESOLUTION NO. 50-93: A resolution authorizing the issuance of not exceeding $30,000,000 Water and Sewer Refunding Revenue Bonds for the purpose of refunding a portion of the 1988 Water -4- City Commission Regular Meeting 6/8/93 and Sewer Refunding Revenue Bonds and a portion of the 199 1A Water and Sewer Revenue Bonds. City Manager recommends approval. /CJ RESOLUTION NO. 51-93: A resolution authorizing a second ~ries of 1993 Water and Sewer Revenue Bonds, in the aggregate initial principal amount not exceeding $10,000,000 for the purpose of financing the costs of certain additions, extensions and improvements to the City I S combined public utility. City Manager recommends approval. I 'S _ , this is 11 c.e.It JU.Lic1u.110t1 - nor outf:S. lvnK" I ( Bl. RESOLUTION NO. 155-93"1 A resolution of the Community :tf.- -Redevelopment Agency requesting the City Commission authorize the Community Redevelopment Agency to submit a grant application for State Historic Preservation funding in the amount of $242,800 to relocate a Historic Residential Structure from the Hillcrest neighborhood in West Palm Beach to Delray Beach. Ci ty Manager recommends approval subject to conditions. ~/~i MARKETING AGREEMENT WITH LIDDUN INTERNATIONAL. INC.: Approve I ~ an agreement with Liddun International, Inc. for the marketing of l> the Tennis Stadium.' City Manager recommends approval. (~.F. RECOMMENDATION REGARDING ATLANTIC HIGH SCHOOL OVERCROWDING: ~~nsider supporting the Atlantic High School Parent Advisory Council in its request to the Palm Beach County School Board to reduce the anticipated overcrowding next school year (1993-94) through boundary changes. ~) SERVICE AUTHORIZATION NO. 6/HELLER. WEAVER AND CATO: ~nsider a service authorization in the amount of $13,700 and contingency not to exceed $5,000 to the contract with Heller, Weaver and Cato for surveying services for the S.W. 10th Street corridor between S.W. 4th Avenue and Miami Boulevard; with funding from General Construction Fund - SW 10th Street (Account No. 334-3162-541-61.90). City Manager recommends approval. H. SERVICE AUTHORIZATION NO. 3/GEE AND JENSON. INC.: Consider a tl (l service authorization in the amount of $3,497.64 and which also ~~ ~ extends the contract completion date to May 7, 1993 for Gee and y ~ Jenson, Inc. for supplementary inspection services of jd construction progress. for Fire Station No. 5 j with funding from ~7 I 1992 Bond Anticipat.ion Note - Fire Station No. 5 (Account No. \..-n \~ " 227-2311-522-61. ~7). City Manager recommends approval. 1;' t' I ,~~ OJ) ().ppl~pUtttL -- I. CHANGE ORDER NO. 2 AND REOUEST FOR FINAL PAYMENT/AGB CAPITAL CONSTRUCTION: Consider a change order in the net amount of $4,570.11 for miscellaneous changes to the Miller Park/Currie Commons Park project and a request for final payment in the amount of $98,084~91 for completion of those projects; with funding from Decade of Excellence Bond Issue - Miller Park (Account No. 225-4166-572-61.62) and Currie Commons (Account No. 225-4146-572-61.64): City Manager recommends approval. 10. Public Hearings: -5- ., . . city Commission Regular Meeting 6/8/93 J~. ORDINANCE NO. 37-93: An ordinance amending Section 110.06, Persons Not Required to Pay Full Fee" , of the City/s Code to provide an exemption for non-resident businesses from paying additional feesj and, amending Section 110.15, "License Tax Schedule", by adding one new category. ~. 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. Comments and Inquiries on Non-Agenda Items from the - ) Public-Immediately following Public Hearings. .......-/ . ~'. City Manager1s response to prior public comments and inquiries. ~. From the Public. /, ~ '1~ First Readings: ~. ORDINANCE NO. 40-93: An ordinance amending the Land ~velopment Regulations to accommodate the ability to affix a 'density suffix in the RM (Medium Density Residential) zone district. If passed public hearing June 22, 1993. vt'B: 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, said land being located generally to the west and south of Lake Ida Plaza (southwest corner of Lake Ida Road and Congress Avenue). If passed public hearing June 22, 1993. ADO 4a-q3 Q.l) f:m-1? C. ORDINANCE NO. 41-93: An ordinance amending Ordinance No. 04-90 which created the Education Board by modifying Section 32.28 "Qualification of Members" to provide for the inclusion of addi tional membership criteria. I f passed public hearing June 22, 1993. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -6- ., NOTE: There were no appealable land use actions for the period 5/24/93 through 6/4/93. Hence, the item does not appear on the June 8, 1993, agenda. This report is provided for your review and information. C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER / .-- ( \~~ \ \~ ' \'.'0 .. U~.. THRU: "'---M. J. KOVACS, DIRECTOt-- DEPARTMENT OF PLANNING AND ZONING jao/>U'~ aa~", FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF JUNE 8, 1993 REPORT OF APPEALABLE LAND USE ITEMS MAY 24, 1993 THRU JUNE 4, 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 24, 1993, through June 4, 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 24, 1993 thru June 4, 1993 Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JUNE 2, 1993 No appealable items were considered by the Board. However, the following agenda items required Board action. 1. Tabled the business sign for Gaspers Cafe, located at 1111 E. Atlantic Avenue. The Board felt that the sign was too large and suggested that the applicant readdress the proportions of the sign. 2. Approved a business sign for Rana Oriental Rugs, located at 1425 S. Congress Avenue. 3. Following a denial of the sign as submitted, the Board approved a business sign for Cellular One, located within the South Delray Shopping Center, which was more consistent with the master sign approval for the shopping center. 4. Approved a free standing sign for Retro Room, located at 1920 s. Federal Highway. 5. Approved free standing signs for Chevron Gasoline Station, located at 1909 W. Atlantic Avenue. 6. Approved the sign packet for Builders Square, located at 1400 Water ford Place. 7. As a discussion item the Board considered the concept plan for Club Delray, located to the south and west of Lake Ida Plaza, which is located at the southwest corner of Lake Ida Road and Congress Avenue. The essence of the review was to provide advisory comments regarding the development proposal and architectural elevations to the developer. HISTORIC PRESERVATION BOARD MEETING OF JUNE 2, 1993 No appealable items were considered by the Board. However, as a discussion item the Board considered the Swinton Avenue Beautification Plans. RECOMMENDED ACTION: By motion, receive and file this report. " .. . "'~;;-(~'(~~;::~i~~1~.;~~:-:-.:':1~>:' """~l '\~ ~. --- 'C1TY OF DELRAY BEA[H ~.......- iU()/ ; ~/ ~ J,.'i,i\ , . WHEF:::c\S, .....?3.n Retzlgnac, born in Venezuela, is a talented SenlC. at Atla.ntic Community High School in Delray Beach; and, ;'lHEH:::,\S, setti:,g his goal in the sixth grade, his dedicatiorl Cine :.letermlnation won him first place among 830 studeI'ts fron 20 countries in the International Science and Eng ineer l:'.g ='3.lr competltion recently held in Biloxi, MississipPl; Cl:1G, WHEF.EAS, clurlng the past four years he perfected an award 'winnl:cg Jevice which can be worn as a badge, that emits sounds whicf1 rr1ghten cf: mcst types of Florida's sharks; and, 'tiHEFEAS, Ivarc a.lso carries a stressful load of advanced classes, lS a. T,embe r of Atlantic's International Baccalaureate program an:.l stll~ allows tlme for his research, hoping to secure a summer Jcb a~ Sea Worl:.l sc he can ;:::ontinue his research, and his next socia-scientific cause: saving dolphins from tuna fish nets; and, 'tJHEFE."'-S, English being his fourth language, behind Greek, Spanlsh .:md French, Ivan plans on continuing his studies In in terna t 1C:131 relatlons at Tufts University in Medford, Massachusetts -:,.lS fall. NO'ti , THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of De1ray 3eClcl: , Flcrida, on behalf of the City Commission, do hereby congclt'Jlate I~\/an Retzignac on his academic achievements and recogr.ize -:he positive contribution he is making in our communlty. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Otf:..::ial Seal of the City of Delray Beach, Florida, to be affixed thi~3 8th day of June, 1993. MAY 0 R THOMAS E. LYNCH lo f\ .~,.,.~..". ,'1'If~1I ~""'~~"r 'fl'r'!'''fl!I~r~T~'~J'/i!!.~''''''''''''''''"'''"'~''''~\''''"'''l';1:<Y:'''''~'/~r"::"" ;iE',\;;""." .~~~.. "'.. '. ,>' U ',.' .- ,~, "", '.....i'. ' _~:-, ,'il ::'>";"':" ,:"-",,,, " ;':",'~" j" ::' ;" ' , ',' ',-. ""'\r_;,:_;'~'/::~>><"~:':';, ~,'''<'>' ,;t-- ".:":/1. ,',. ,-' ~ ~ ,-.--. , CITY DF DELAAY BEA[H ~)-.l.J..l .( l'fl!'!/) 'Ii:!:: l.)]::,;;.;, ~u -,,,,ithmd welfare of our residents are of \":tai.. ::::ta.:.e }:-;(: :1:]'" ~:'lc "')::cern; and, wHE,U::.\,;, :,e ~OJrL:ia Water and Pollution Control J~8r~tors ASSOJC:d: i 1 statewide organization dedicated to :r.~11ntdl.:1l.~-.q w t.!:_-,r c; ,.lli+ ....._ ?lorida; and, wHEFE~S. sc ~rai~ed, dedicated, and knowledgeable o~eratl~g oers,~~e Xa_~tain water and waste water plants t-:r::;uqr.ou' th,. :"dt f '-~J;-ida; and, WHE~EAS, ~~, J~erato;-s Association conducts operating ~raining -hrougnout ~e tatd at the 12 regional levels and acts as l :aiso;'. b,'b;ee~. t :le C.epartment of Environmental Regulation IDE?) ::iDe: ::Jperat:=l'oc. t..c' lield; and, WHEREAS, the Associatlon reviews and assists in SUDerV1Sl~; S~at~ -'r-if.~3~lon examinations and coordinates the st3':tC;,nGe ;::.:'ant;;2Ll'C.i:'13 J'..;ards program with DER. ,O~, THERE: :t2 1., THOMAS E. LYNCH, Mayor of the City :J: D,,~r3'13eac~, . _ :-lja, V1 behalf of the City Commission, do ~0~eb'l Dr2=la:~ t:~e ~~~k of Aug~st 16 through August 20, 1993 as '\\',lr:'~R ~~D ~ ,):.,~ :JrION '::ONTROL OPERATORS WEEK" "- u:e Clt?l[ :J,'i:'," Jl' ,::1, Florida, and urge all residents to JC~:; If: .3"l.lt.L~G tch o',trlbutions of these persons to the Lr.DrCied ....'.'Llr d~d ".l-Lt ,t,_or. cJndltions of our state. ='J ',CT;;E ., ',\HEr;EuF, = have hereunto set my hand and :a~sed the Jff:Cl3 2a1 tte City of Delray Beach, Florida, to i :w 5~::1.xed t:;L" ct. :1'.0 t ,j~ne, 1993. MAY 0 R THOMAS E. LYNCH ~B I .j . PROPOSED BUDGET - VETERANS PARK PLAYGROUND PROJECT Lumber. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30, 000. 00 Materials............................15,976.00 Includes hardware, paints and sealers, wood fiber, rubber materials, special order steel and nails Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . .. 6,500.00 Includes Miracle recreation equipment (slides, swings, fasteners, etc. ) Architectural Services...............15,360.00 Includes all printed materials on how to organize a volunteer-built playground, architectural consulting and renderings, travel expenses for 3 trips from New York for the architect and one trip for his assistant for the construction period Power Installation.....................l,300.00 On-site power installation for the construction period Printing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,500.00 Postage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 700.00 Fundraising Costs..................... 3,480.00 Includes cost of t-shirts and materials to build a playhouse that will be raffled off contingency Fund...................... 2,000.00 To use for repairs and replacement of lost or broken tools that are loaned for the construction period Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . 5,000.00 Optional. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,184.00 Timbrex recycled lumber to used in place of wooden handrails TOTAL: $ 90,000.00 . . VETERANS PARK PLAYGROUND PROJECT June 8, 1993 MONEY RECEIVED TO DATE Pickets $ 3,050.00 T-Shirt Sales 1,440.00 Donations 18.603.97 $ 23,093.97 Amount Needed $ 90,000.00 Balance Needed $ 66,906.03 Maior Donations (included in above figure): Erny's (Restaurant) $ 5,000.00 Home Depot 5,000.00 George Jenkins Foundation 1,000.00 Atlas Service, Inc. 500.00 Dr. Jarecki, D.C. 500.00 NRI 500.00 Bill Harris Realty 500.00 Mouw Associates, Inc. 500.00 Seagate Hotel and Beach Club 500.00 Gold Coast Ski Club 500.00 " .0 PROPOSED INCOME - VETERANS PARK PLAYGROUND PROJECT . ' J P1cket Sales..........................25,000.00 1,000 pickets @ $25.00 each Civic Clubs and Small Businesses......15,000.00) City of Delray Beach..................10,000.00f Foundations and Major Corporations....25,000.00 , Fundraisers. . . . . . . . . . . . . . . . . . . . . . . . . . 15,000.00 I Roller Derby, Children's Concert, Book Fair, Tupperware Sales, Playhouse Raffle, t-shirt sales TOTAL: $ 90,000.00 '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i go It - MEETING OF JUNE 8. 1993 AGREEMENT WITH PALM BEACH COUNTY CELLULAR TELEPHONE COMPANY DATE: June 4, 1993 This item is before you to approve a lease agreement with Palm Beach County Cellular Telephone Company to provide for the placement of nine cellular antennas on the City/s elevated water storage tank located at 434 South Swinton Avenue. The terms of the agreement are for five years, effective June 1, 1993, with five (5) additional five year renewal periods. The Lessee will pay rent to the City in the amount of $1,500 per month and supply portable telephones to the City, not to exceed twenty, at no charge. Recommend approval of the lease agreement with Palm beach County Cellular Telephone Company. [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 2(jO NW ISl AVENUE. DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/27S-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: June 3, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Agreement Between Palm Beach County Cellular Telephone Company and the City This Agreement permits Palm Beach County Cellular Telephone Company (Lessee) the ability to continue placing nine cellular antennas on the City's elevated water storage tank located at 434 South Swinton Avenue. The term of the contract is for five years. The rent for the use of the elevated storage tank is set at $1,500.00 per month, payable retroactively from June 1, 1993 until the end of the five year contract. The previous contract provided for a rent payment of $300.00 per month. The contract provides that the Lessee will provide twenty portable cellular phones at the governmental rate. By copy of this memorandum to David Harden, our office is requesting that this Agreement be placed on the June 8, 1993 City Commission ~ approval. Please call if you have any questions. S .ci cc David Harden, City Manager Robert Barcinski, Assistant City Manager Alison MacGregor Harty, City Clerk William Greenwood, Director of Environmental Services Amanda Allen, Communications/Systems Trainer Mr. Joe Setticase .. ... LEASE AGREEMENT THIS SITE LEASE AGREEMENT ("This Lease") is entered into this day of , 1993 between CITY OF DELRAY - BEACH ("Lessor") and PALM BEACH COUNTY CELLULAR TELEPHONE COMPANY ("Lessee"). For good and valuable consideration, the parties agree as follows: 1. Premises. Subject to the following terms and conditions, Lessor leases to Lessee a portion (the "Premises") of the real property (the "Property") described in Exhibit A attached hereto. The Premises comprises 350 square feet and is situated within the Property as described in Exhibit B attached hereto. The City's 0.5 million gallon elevated water storage tank located at 434 South Swinton Avenue, Delray Beach, Florida 33444, is the common name for the location of the telecommuni- cation equipment to be installed by Lessee. 2. --us e . The Premises may be used by Lessee for the transmission and reception of radio communication signal in any and all frequencies, for the construction and maintenance of up to nine ( 9 ) cellular antennas plus a microwave dish up to ten (10) feet upon a water tower owned by the Lessor and an equip- ment building located on the real property described in Exhibit A attached hereto. Lessor agrees to cooperate with Lessee in obtaining, at Lessee's expense, all licenses and permits required for Lessee's use of the Premises. 3. Term. Except as is set forth in Paragraph 7 hereof, the term of this Lease shall be five years, with the effective date commencing on June 1, 1993, and terminating at midnight, the last day in the month in which the fifth (5th) annual anniversary of the Commencement Date shall have occurred. Lessee shall have the right to extend this Lease for Five (5) additional five year terms subject to the approval of the City Commission. Each renewal term shall be on the same terms and ., conditions as set forth herein, except that the rent shall be increased each term by a percentage increase in the Consumer Price Index (C.P.I.) for the Miami/Ft. Lauderdale Statistical Area for the month ending prior to the expiration of the first term. However, such percent shall not exceed (25%) twenty-five percent. 4. Rent. a. Upon the Commencement Date, Lessee shall pay Lessor, as rent, the sum of one thousand five hundred dollars ($1,500.00) per month. Rent shall be payable retroactively to June 1, 1993 and on the first day of each subsequent month in advance at Lessor's address specified in Paragraph 13, below. b. Lessee shall supply the portable telephone needs of the City which shall not exceed twenty portable digital cellular telephones at no charge to the Lessor. Monthly rate charges will be at government rates as shown ih----Exhibit C. These rates shall not be changed during the term of this Agreement. Monthly rates (governmental) shall also apply to telephones purchased or leased by the City in excess of the twenty phones supplied to Lessee. There shall be no charge for detailed billing. Lessee shall repair and or replace the not to exceed twenty portable telephones, at no cost to the City. c. The parties shall negotiate at the time of renewal, costs to be paid by Lessee for maintenance of the elevated storage tank. 5. Interference. Lessor shall not use, nor shall Lessor permit its lessees, licensees, invitees or agents to use, any portion of Lessor's Properties in any way which interferes with the operations of Lessee. Such interference shall be deemed a material breach by Lessor, and Lessor shall have the responsi- bility to terminate said interference. In the event any such interference does not cease promptly, Lessee shall have the right, in addition to any other rights that it may have at law or in equity, to elect to terminate this Lease. -2- . 6. Improvements; Liability; Utilities; Access. a. Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities limited to cellular antennas, microwave and equipment building. b. Lessee shall have their right to install utili""7 ties, at Lessee's expense and to improve the present utilities on the Premises (including, but not limited to the installation of emergency power generators). Lessee shall be responsible to pay any monthly utility charges attributable to the Cellular Telephone Equipment. Lessee shall have the right to place utilities on (or to bring utilities across) the Property in order to Service the Premises and the Antenna Facilities. Lessor shall execute an easement evidencing this right upon Lessee's request. The easement shall be limited to term of the lease. ---- c. Lessor shall provide Lessee ingress, egress and, access over and under the Property to the Premises adequate to service the Premises and the Antenna Facilities at all times during this Lease at no additional charge to the Lessee. Lessor shall execute an easement evidencing this right upon lessee's request. 7. Termination. This Lease may be terminated, without any penalty or further liability, on 30 days notice as follows: (a) by either party upon a default of any covenant or term hereof by the other which is not cured within 60 days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); (b) by Lessee if it is unable to obtain or maintain any license; permit or other approval necessary to the con- struction and/or operation of the Antenna Facilities or Lessee's businesses; or (c) by Lessee if the Premises are or become unaccept- able under the Lessee's design or engineering specifications or its Antenna Facilities or the communications system to which the Antenna Facilitates belong. -3- '. 8. Taxes. Lessee shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Lessor shall pay all real property taxes attributable to the Property, if any. However, Lessee shall pay as additional rent, any increase in real property taxes levied against the Premises which is directly attributable to the Lessee's use of the Premises, and Lessor agrees to furnish proof of such increase to Lessee. 9. Insurance. a. Lessee will provide comprehensive liability insurance and name Lessor as an additional insured on the policy or policies, which comprehensive liability insurance policies shall be at an amount of not less than 2 million dollars. A copy of the Insurance Certificate shall be sent to the Lessor. Such liability policy shall not contain exclusions traditionally known as care, custody, or control ex~sions as the liability applies to Lessor"s property. b. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage -. caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, unless such loss is caused by the negligence of either party. 10. State of Emergency. If a state of emergency is declared by the Federal Government, State Government, or by the City, Lessee shall provide, based on availability, up to 30 emergency portable phones, and telecommunication services to the City. Lessee shall not charge the City or its residents any access charge for emergency services during the declared emergency. During the declared emergency, air time/usage rates shall not exceed the rates in effect prior to the declared emergency. Lessee will coordinate and cooperate with the City in establishing these emergency services. II. Condemnation. If a condemning authority takes all of the Property, or a portion sufficient, in Lessee"s determina- tion, to. render the Premises unsuitable for the use which Lessee was then making of the Premises, this Lease shall -4- '. terminate as of the date the title vests in the condemning authority. The parties shall be entitled to share in the condemnation proceeds in proportion to the values of their respective interests in the Property. Sale of all or part of the Property to a purchaser with the power of eminent domain, in face of the exercise of power, shall be treated as a taking by condemnation. 12. Hold Harmless. Lessee agrees to hold Lessor harmless from any and all claims arising from the installation, use, maintenance, repair or remova~ of Lessee's Antenna Facilities, except for claims arising from the negligence of Lessor, its agents or independent contractors. 13. Notices. All notices, requests, demands and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: ---- If to Lessor, to: city Manager City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 If ~essee, to: Palm Beach County Cellular Telephone Company 1420 N.W. 23rd Avenue Ft. Lauderdale, FL 33311 Attn: Joe Setticase Copy to: McCaw Communications (Legal Department) 250 South Australian Avenue 9th Floor West Palm Beach, FL 33401 Attn: Bill Higgins, Esquire 14. Title and Quiet Enjoyment. a. Lessor warrants that it has full right, power, and authority to execute this Lease and has good and unencum- bered title to the Property free and clear of any liens or mortgages. Lessor further warrants that lessee shall have the quiet enjoyment of the Premises during the term of this Lease. -5- .~ b. Lessee has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of lessee, such title report shows any defects of title or any liens or encum- brances which adversely affect Lessee's use of the Premises or Lessee's ability to obtain leasehold financing, Lessee shall have the right to cancel this Lease upon written notice to Lessor. c. Lessee shall also have the right to have the Property surveyed, and, in the event that any defects are shown by the survey, Lessee shall have the right set forth in sub- paragraph (b) above. ----- 15. Assignment. Lessee may not assign or sublet this Lease without the express prior approval of the City CommissiOlh-. Any sublease that is so approved and subsequently entered into by Lessee, shall be subject to the provisions of this Lease. Additionally, Lessee may, upon notice to Lessor, mortgage or grant a security interest in this Lease and the Antenna Facilities to any such mortgagees or holders of security interest including their successors or assigns (hereinafter collectively referred to as mortgagees). Lessor agrees to notify Lessee and Lessee's mortgagees simultaneously of any default by Lessee and to give mortgages the same right to cure any defect as Lessee except that the cure period for any mortgagee shall not be less than ten days after receipt of the default notice. -6- .. 16. Special Provisions. Prior to construction, if any, Lessee will receive the following approvals: a. S.P.R.A.B. approval for the building and land- scaping. b. Director of Planning approval for a non- impacting site plan modification. c. Building Department approval for installation and structural integrity of anchoring devices. 17. Miscellaneous. a. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. ----- b. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representa- tions or understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understanding of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. c. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker. d. Lessor agrees to cooperate with Lessee in executing any documents (including a Memorandum of Lease) necessary to protect Lessee's rights hereunder or Lessee's use of the Premises. -7- " DATED as of the date first set forth above LESSOR: CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor City Clerk Approved as to Form: City Attorney LESSEE: PALM BEACH COUNTY CELLULAR TELEPHONE COMPANY ---- By: MACAW COMMUNICATIONS OF WEST PALM BEACH, INC. John D. Casamassina ------ V.P. Operations STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1993, by (name of officer or agent, title of officer or agent, of (name of corporation acknowledging), a (state or place of incorporation), corporation, on behalf of the corporation. He/She is personally known to me/or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida Print, Type or Stamp Name of Notary Public -8- 'I EXHIBIT A LEGAL DESCRIPTION To the Antenna Site Lease dated , 1993 between as Lessor, and as Lessee. Commonly described as the 0.5 million gallon elevated water storage tank located at 434 South Swinton Avenue, Delray Beach, Florida 33444. The portion of the premises leased to Lessee is more parti- cularly described as follows: LEGAL DESCRIPTION A parcel of land lying in Section 20, Township 46 south, range 43 east, Town of Delray Beach, Palm BeaG..lt County, Florida. Said Parcel A so being a portion of tract 10 of said Section 20 as recorded in Plat Book 1, Page 4. Said parcel being more particularly described as follows: Commencing at the intersection of the centerline of S.w. 6th--street (formerly S. W. 5th Street) and. 2nd Avenue, as shown on the Plat of SELLERS ADDITION to Delray Beach, Plat Book 22, Page 17, Palm Beach County, Florida. Thence north 000 55' 10" west (assumed) along the centerline of 2nd Avenue, a distance of 165.46 feet; thence North 630 54' 40" east, a distance of 40.64 feet to the point of beginning of the parcel to be hereon described; thence north 880 37' 45" east, a distance of 99.74 feet; thence south 000 00' 00" east, a distance of 260.48 feet, thence south 630 54' 40" west, a distance of 91.67 feet to the aforementioned point of beginning. Containing 0.59 acres more or less. -9- , EXHIBIT B To the Antenna Site Lease dated , 1993 between as Lessor, and as Lessee. The is more particularly described or depicted as follows: See attached. ---- ---- -10- '\ .' .- p ...,.- ~"'-'.~'''' .. ~~ ~ ..... . ~.~"-~--.-.- . ;--,.... ..,..'.- ~." . . - " . .'.. ..... ..1;',1 .. ,.,,~, . , ~ . . / , ~ <:.1(-.... l."'~~Cf: ~ ~ I , I ", ~ c;~~ \ ~ ... ~ " 0( / ~""'11l r:. t.1"'~"",~ ~ {.. .~, ~ I '" """^ T'. ~ , , "'~ .~. ~,',. ~ ~U.6" ~J f'll...~ ... .... .... ,. , " " , II " " "- -...., - . / " '------- ,." / ...l::::>~ "..'w.... "...- ./~ ........ ~..-- ---- , ,./ , /' ~ I T4!: Pt......"'-1 " . ,.J."'r-: 4)0,. W o....-c ll.. . . -r....,l" ' -i-y,.s:- .,^,. -a.t.l~ .. .., ~.,... ~..c"'.l . -1 "'~"oJ" ~IU.~ I (ll'\' "'..~..""a.. ~r-n't~ I I I I ~QL. ~ \4'Z.' A..t-/.. S,L. -.. - . . t wI6"'~ I- I . . -'tf- ....., \,N:) '01 a.1/'C ~I "" oJ'" ^ . I -., r, PI: " a" ~~.. ~..,.. J::l-~I~ C~I'1U..I~ . ...-- + 11.4,.",., w...{ .....L.....,...,,... I~"-~.. "",-.lob , >, ",/ M...w"",.'.....~ .:::>'71r-t. L: A.s.,..~ A-34' , ~I'" u-aDt:r., As,..,N 1!J-? ,....a..........~""'.... 'nl """',... I WflL"b ~.' S . 4'. ~ c"'-'"h'-" c;: ~ H' r~",~,,, ~"''''"''' ~ F;l,......, r.:cb .::o...b" ,........tllt., ",. ..." A . AU._.....'. - ~ ~ poJ,.t. "'Ow':'~ U. (; . I:'~~~~~,..,."t' 0' I ...c....,,~. 'e.. ,'-0 fflOJt: C T: TIT\. f.: SCAl(: N on ~ CELLULAR ONE , SITE PLAN MICROWAVE ANTENNA SUPPORT S 1 D~LnAY BEACH WATER TOWER OR"'W~ ey: ^ A. G DEU1AY BEACH. FLORIDA AND ELEVATION OAT(: J/L~/~B . I ! . ~.. .. . .' . .,.,. ... -.... .. ..-.-......' ......_.,-. .~~ *.,. .,...--'-'" .... .--' : .. . "" .. - -. , , . -::-+ ......z. E (\ <,,., W?', 'To..)l:/I.. L~C,' -- " .' , ""\~oe.'ll .}..II ~ \ n ~ tk'tl.I6!. 71 _' -~.4 bl'~ .'" .- h- ~~t O","l.'"l~ '. WI & ~7 ( e,~A.~F ~"itt..Vi" 6lrAM '-0 '1'0 W~..... c..o",,~e-c.."'l"I'''''' J;2,.ET"AI\, "'_'_4_ ... " .___ . _ ----.-- 3A" , " tVM~ ~c: A~e: ,~ . ,. 0 -t\ II .'" ",- t'o rc' ,.,.--"J-- L OCJ.,.!!., ~~. _ ~~lJ ~" t v.,. 0/' -r- ,Go ct- .1:" ^""T'8>l~ ~O\a J. e "'~'" - ~t. Y1." ~ TtJ~f!t.. LJ . Del" ; L~ (; ''t'.,P'). I i I . I , fl " I TYPe 13 Bf<A~r " (..118 l( II C v1- T'I :s v,"') S \ \-:::". t: ~lt: 1/A,""t"IO".1 'F'h D NI ~l~VA"NON '::>c: "I,... ":14" _ ,.:. 0" "5c~l..~ ' ~" /' . , "f" "1::)' , , /"OOJf.CT: TITLE: CELLULAR ONE SCALE: NO...-e:'b MICROWAVE ANTENNA SUPPORT DETAILS 52 DELAAY BEACH WATER TOWER AND ELEVAT.IONS DRAWNey; ^""G. DELRAY OEACH, FLORIDA DATE: J!,r;/lJ8 . GARGIULO AIm ASSOCIATES, P.A, 2930 OKEECH08EE 8LVD. WEST PAllA BEACH, FLORIDA (30S) 689.0917 ., .,.;; . ',., .- EXHIBIT C CELWLARDNE$ Government Plan - Rate Sheet South Florida Market Eligibility is limited to qualified government agencies. Monthly Access Fee: $20.00 Local Airtime Rate (per minute): 26~ Peak I 20~ Off~Pea!\ Optional Features - Monthly Cbart~es 1. - Voice Mail Basic $ 6.95 Ill. - Detailed Billing N/C - VoIce Ml1il Pager $ 7,9~ - elll Accountant $ 7.50 U. -Call Waiting $ 2.00 - Multi-phone Call Accountant (llU bill) $ 15.00 . Toll Restriction S 3.Z5 . Call Forwarding $ 2.00 - Three Party Calling S 2,00 IV. - Extended Service :Protection Plan S 3.95 '.. No Answer Trin$fet' II $ 2.00 (offeNd by Ul l1u:jep<:1ldcnt bsur::-) . SBLECT ANY THREB $ 4.50 ~~ 'relltUIe oh8!ge8 ate subject to change. L<<al Aiftlmt is cha:ged w~en VQ"ce. Mail me.ssage~ lU"e retIlevO(i and when Category n items are in use. Call A~r.ountant includes Detailed Billing. Addldon~ Information: . Servict is &U1;Je~ t..'J th.s trfnru (JNj condiriol'lJ I'Jf a sigMd St!/'l'i~~ .'t.~reflM'&t. PlolaJt revifli'l-' tiu Mlr'C:l1u:nt caplul/j, .The govt:rrun<:ntal (I'(nc~ is rhl"-llM~'t.:riblr" und.r tit. S,rv4(f AgrlJflMllf and is I'~$p~t:$lhl~ fer ['a)'irt8 the mo.'ttMy blll. . p~pk Hru.,,.., t:U(/ 7;()O a.m. . 7:00 pm Mr:maa)' 'hrougl1 FJ>f:1a" Cant ar~ biJJ~d illfu/f mlmm (ncrtmtnu. arul!rQCtiOnS cfmifl7J.u.~ aJ'~ rOllllded IIf'. CalLI' are t?lJi.t~l'td from tl'M! Urn/! )vlt prus "Stnt1." r"u ar~ hill~d or;(>'!cr call.r III ....'hich et (;r;M~Cli()n fs m(l(if. CaU51T1ay at "drcPl'cdft (L~" ifIVC(lmt{Jrll)' (l.i6cnMaf,:kdJ/-or a v((1'Ur)'OfYft:I.I(lll.r, I'/'{clu.dif!$ Qt./l'lC.IspJtm'c conditicn.<:, l1:rpo,rap~. wtak fuzttt!ri~sl sJSkJ>>t c)wrcr1J,acir)', mcvemlflr outslth c scl"ViC'c areta. (J.I1C gap; in CC.....,mgl' )\'i;hin a urvjc,~ (;r(.(). Drap~d calls wi/J b~ bmed r1J an;i ot/1,;:r call. RMfJl1nCQifng (;aUi ....,ill bd bill~a uparar,;/y. ~f i'()14 i,tpfl'i{.I'f~(. (J ~or.tifluillg pruM~'m wi/It dl'opped call!llC1' sJw~/d c('I1l Cu.srnm~r Cans. . Ynu rr.o...v inC/>I' cht1r~u /1'1' "r~">1.urungJ" "10"8 diSII1f/{:e," alia' (1Ih.',- Ja\'ic~s and !eatunr M: ii~t,!j hf?r't.. Ruml1r.s cr,arHC:$ apply wn(:n ym. usa )'(/(,(/ phone ctlrs~dt )'<?ur M~ urta, RQ{lHW/g lalc!.! ar(' .\'!I (Clrf!: in a R,jami1~z (juid.{' , 'due/' is lJ.rx!Qftd ptrif1di,'4"~' :md availahl(l upon !'coq:ole-S,', RG&lmi,"l8 ra.ffM <:hang~ fl'"m itff1( r,' t1'.~c a.'!d ;w!.( r.-:u)I ('11! CuSromel (',He for ((p.tr).dca~ information. '.,i)l1g d,'srana chC/I:;(!.r apply "'M'1 m the pl1nM r.umba ,\I()U di(l! i' I')l!r..rid~ t;"1! ivc!./I ~'al1ilf,~ arM ......:'~Ie YI'JU are Fh)'sically IOCfJtld, ." (ii) leI!< ChMN~ c~17ain Nari<.?n[ArJ.\.Mi ,!ervi(:~.r, Long di)"tar:a IO;f.S (ire idtl!Ui~'(l1 to :he" bo.).;(. r,cr;-op,.'cr.al rcuc:.r d..ar~"d by AT&T 'J!' the' fucalllXch::;n.~c cr:;.ni~!' (Ii regl-\.l'ul' rt!s,'dem:ial '~ll.Slo;;'n.e"5. . TheN rc:rr!s c.'7'~ valid only in nm",ard, DC/de, ",'1<(r(it;, ,.~r7''''-',-'.' rOo.':". f:rG;:.h, {i,ld .~.{ Ll<:if ('r;"r,'it: CI.'j,l i'1 p(.:rl ().'-l"c1lan Riva '-'oun/Y. ThH-F.(!J(c Shr:t:: r'lC.'.1 dOl :'! /;Iud ~J!t.t~~i-"!-p)JJ.... 6?....z rJ~Q.si! fln'fp~' )'Qur mr;>/1.1l11y bill can:fuU)'. We r:trlve t() f)'()vid'! ~:o;(;dl(jr11 SU,'lC~. 1/::r.i,J ,:'''(,<'1:' im) <;.;",'.:;i(ifH al>,)!~f YiJ!U bill Or our ~.,;n~e, pr~(!$I' call CU.~(o,"nc,. Care. 1/ \j't' ocUCl'e a err/lilt i.:, npprt'prf,.'lif; I.'.' mC!,1" r(ri:JN ti:t th,(;"". or pw;' cr:,..ounL C_~t.9.!Jl~L~..s.~ lsta n c~ CU,.tomcT C3.J'Il 1-80o-B'21.3551 (toll.free) CURtomcr Care 611 (from /O\.1r cellu!~ phOrreH Ernergene)' 911 (when ,wailabl<: in ~our arva)J. Cellular One bformatior. ~rNFO (~~6).;. i'~{cU \viU i~ot inG~.!T F.:i':-~r:l~ ;~~.r~~~ fc:- thr.st" (":3Jl'J. '14m C:"LLI.1..t..R ()r.-e" 1$ A iiliGiS'TERfD $D\\1(;" \,,.>.;;'K 0" c.fLLL'Ltl:. r:::':;~ C;'~;:.: GOY,SF .. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM it ~B - MEETING OF JUNE 8. 1993 AGREEMENT FOR WATER AND SEWER SERVICE/DISCOUNT AUTO PARTS DATE: June 4, 1993 This item is before you to approve an agreement with Discount Auto Parts, Inc. for water and sewer service. The agreement provides that in consideration of receiving water service from the City that Discount Auto Parts will voluntarily annex into the City. In return, the City will process a rezoning application for the property concurrently with the annexation process. Rezoning shall not occur until Palm Beach County issues a Certificate of Occupancy for the facility. In addition, the City will provide access to the City' sanitary sewer system through one 6" service connection along West Atlantic Avenue. Recommend approval of the agreement for Water and Sewer services with Discount Auto Parts, Inc. . . rl< 't:;J1' II \ [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE zoo NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wr~t_r.. D~r_at ~~n_ (407) 243-7090 MEMORANDUM Date: June 3, 1993 To: City Commission From: David N. Tolces, Assistant City Attorn~ Subject: Agreement for Water and Sewer Service with Discount Auto Parts, Inc. This agreement between the City of Delray Beach and Discount Auto Parts, Inc. is before you for your approval. This agree- ment will allow Discount Auto Parts to connect to the City water system, as well as the City sewer system. In return, Discount Auto Parts agrees to be voluntarily annexed into the City at any time. This property is located on West Atlantic Avenue at the corner of West Atlantic and Medical Center Drive. Under this agreement, the City will process the rezoning of the Discount Auto Parts property. Staff will include a proposal in the rezoning petition to rezone the property to a retaill commercial zoning designation which is consistent with the City's Comprehensive Plan. The Discount Auto Parts location was reviewed by the Site Plan Review and Appearance Boards which approved the site plan on March 10, 1993. It was originally intended that Discount Auto Parts would connect to a City sewer line which would be installed along Atlantic Avenue. The sewer line was to be installed in connec- tion with the County's widening of Atlantic Avenue. The County's road widening project is not scheduled to occur prior to January, 1994. Therefore, Discount Auto Parts will likely connect to the City's sewer system through a manhole on Medical Center Drive. If the City does install the sewer line prior to the certificate of occupancy being issued for the Discount Auto Parts location, then Discount Auto Parts will contribute $5,000 to the City's construction of the sewer main extension along Atlantic Avenue. .. ",., City Commission June 3, 1993 Page 2 This office recommends approval of the agreement between the City and Discount Auto Parts, Inc. I f you have any questions regarding this matter, please do not hesitate to call. DNT:sh Attachment cc: David Harden, City Manager David Kovacs, Director of Planning & zoning Richard Hasko, Assistant City Engineer disauto2.dnt I AGREEMENT FOR WATER AND SEWER SERVICE THIS AGREEMENT, made on this day of , - 1993, by and between DISCOUNT AUTO PARTS, INC. , hereinafter called the CUSTOMER, and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter called the CITY. WIT N E SSE T H: The CUSTOMER, his heirs and assigns, for and in consideration of the privilege of receiving water and sewer service from the City, agrees to the following: l. The CUSTOMER shall be responsible for the instal- lation and conformance with all applicable codes, rules, standards:and regulations of all service lines, and connections on the CUSTOMER'S premises. 2. Title to all mains, extensions and other facilities extending from the CITY water distribution system to and including the meter to service the CUSTOMER shall be vested to the CITY exclusively. 3. The CUSTOMER agrees to pay all charges, deposits, and 'rates for service and equipment in connection with water services outside the CITY limits applicable under CITY'S ordinances and rate schedules which are now applicable or as may be changed from time to time. 4. Any rights-of-way or easements necessary shall be provided by the CUSTOMER. 1 0' " 5. The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendments thereto. Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this agreement shall also be considered a petition and request for annexation at the option of the CITY at any time they are eligible under any one or more of the above- referenced laws concerning annexation. The legal description of the subject premises is as follows: A parcel of land in Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, more particularly described as follows: Begin at a point where the West line of the West 1/2 of the East 1/2 of t:he- West 1/2 of the N.E. 1/4, of the S. W . 1/4 of section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, intersects the North Right of Way line of State Road 806; thence run North along said West line 547.00 feet to a point; thence run East along a line parallel to and 547.00 feet North of the North Right of Way line of State Road 806 to a point in the East line of the West 1/2 of the East 1/2 of the West 1/2 of the N. E . 1/4 of the S. W . 1/4 of said Section 13; thence run South 547.00 feet to the North Right of Way line of State Road 806; thence run West along said North Right of Way line to the POINT OF BEGINNING; LESS the South 7.00 feet thereof, heretofore conveyed to the County of Palm Beach, in the State of Florida, for public Highway Right-of-Way purposes. The CUSTOMER acknowledges that this covenant for annexa- tion is intended to be and is hereby made a covenant running with the land hereinabove described. That this agreement is to be recorded in the public records of Palm Beach County, 2 '. Florida, and that the CUSTOMER and all subsequent transferees, grantees, heirs, successors and assigns of CUSTOMER shall be bound by this annexation agreement. 6. The CITY agrees to process the rezoning of the property concurrently with the annexation of the subject property. Rezoning shall not occur until Palm Beach County issues a Certificate of Occupancy for the facility located on the property described in Parag.raph 5. The petition for rezoning will include a staff proposal to rezone the property to a retaillcommercial zoning designation consistent with the City's Comprehensive Plan. At the time the rezoning is approved by the City Commission, any existing use shall be allowed to continue as a non-conforming use. CUSTOMER acknow- ledges that the CITY cannot provide assurance that the proposed zoning will be adopted, as zoning changes are approved by a ----~---- vote of the City Commission. 7 . It is understood by the CUSTOMER that the CUSTOMER by signing this agreement, is hereby providing written consent to the Stormwater Management Assessment levied by the CITY pursuant to its ordinance and Florida Statutes, Chapter 197. This consent is a written covenant running with the land. This agreement shall be recorded in the Public Records of Palm Beach County, Florida. The CUSTOMER and all subsequent transferees, grantees, heirs, successors and assigns of CUSTOMER shall be bound by this written consent to the Stormwater Management Assessment. 3 '. 8. So long as the premises remain outside of the CITY limits, it is hereby agreed that the CITY shall have no liability for the termination of water service to the premises, if the City Commission determines that termination is necessary to protect the public health, safety and welfare of the property or inhabitants in the City of Delray Beach. In the event the City Commission makes a determination to terminate water service, the CITY is authorized to discontinue water service upon providing ninety (90) days written notice to the CUSTOMER. In the event that the City Commission of the CITY deter- mines that it is necessary to permanently discontinue water service to the above property, then the CITY shall execute a recordable release of this Agreement which shall be recorded at the expense of the CUSTOMER. The release will not affect the ----- obligations under Paragraph 14 and 15 of this Agreement. 9. In addition to the limitation of the CITY.S liability under paragraph 8, it is agreed that the CITY shall have no liability in the event there is a reduction, impairment or termination in water service provided under this agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, state or federal agencies or other agencies having jurisdiction over such matters. Also, the CITY shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other 4 '. .. causalities or other circumstances beyond the CITY'S reasonable control. 10. The CUSTOMER agrees to indemnify, defend and hold harmless the City of Delray Beach, Florida, its Mayor, members of City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the CUSTOMER'S obligations or performance pursuant to this agreement. 1l. The water use granted by this Agreement is for the quantity of one tap located on the property described in paragraph 5. The water shall be used in conjunction with retail/commercial use as depicted upon the site plan known as -----. Discount Auto Parts -- West Atlantic Avenue approved by the City of Delray Beach. 12. As an expressed condition of this Agreement, the CUSTOMER further agrees to abide by all ordinances of the CITY which are in effect at the time of development, redevelopment, or renovation of the site which pertain to land use and development matters. Such matters include, but are not limited to signage, landscaping, architectural review and approval, and the CITY'S formal site plan review and approval processes. However, no development requirements of the CITY shall be imposed which shall have the effect of diminishing a County development standard or requirement. In such cases, the CITY 5 '. requirement shall be subservient and no further action of waiver or variance shall be required. 13. Water service, pursuant to this Agreement, must be activated within two years of the date of this Agreement or said Agreement shall be void. Once water and sewer service are provided and annexation and rezoning completed, the parties shall execute an appropriate document acknowledging the perfor- mance of their obligations under this Agreement. 14. In addition, the CITY agrees to provide access to the CITY'S sanitary sewer collection system through one 6" service connection along West Atlantic Avenue as shown on the plans and specifications for the Highland Trailer Park Sewer Extension. Service will be available for connection by September 30, 1993. If service is not provided, then service shall be made available pursuant to the plans attached as Exhibit "A". -. --- 15. If the sewer service is to be provided along West Atlantic Avenue, CUSTOMER shall pay the lesser of a) $5,000.00 or (b) the cost of constructing the sewer main extension required to service this parcel as shown on the plans and specifications for the Highland Trailer Park Sewer Extension. City shall receive payment no later than thirty (30) days after Palm Beach County issues a certificate of occupancy for the premises. If CUSTOMER does not pay the above amount, CITY may disconnect CUSTOMER from both water and sewer service, after providing 30 days notice of the city's intention to disconnect. 6 ., . 16. Any notices required pursuant to this Agreement shall be sent certified vial u.s. Mail to the following addresses: To City: David Harden City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To Customer: Clifford J. Wiley Real Estate Manager 4900 Frontage Road, South P.o. Box 8080 Lakeland, Florida 33801 With Copy to: Alan Kan, Esq. 20803 Biscayne Boulevard, Suite 200 Aventura, Florida 33180 17. No prior or present agreements or representations shall be binding upon any of the parties hereto unless in- corporated in this agreement. No modification or change in this agreement shall be valid or binding upon the parties unless i~riting executed by the parties to be bound thereby. IN WITNESS WHEREOF the parties hereto have entered into this agreement the day and year first written. WITNESS: DISCOUNT AUTO PARTS, INC. By: (Type or Print Name) (Type or Print Name) CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor City Clerk Approved as to Form and Legal Sufficiency: City Attorney 7 '. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of I 1993 by (name & title of officer or agent) of (name of corporation acknowledging), a (state or place of incor- poration) corporation, on behal f of the corporation. He/She is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public --- d1sauto.agt Rev. 06/02/93 8 Of I ,-* ~1"':'1 I , ( I . .1 I / ;~l ~ \ I '8 / ~ ',S- I , . // .... '.~'~~.,~ \ I ~ ~ w _,.. '51~ . ~ - I In -, . _. 'i I ~ !~=.' '" r ".. I .;:::;:;;-- '. !~~ ~ :.;~::::..::.J I .-~.;~~~.~.~~.,,' ... ~ 8 },..-,! I '- .,~ 0 I ~ VI 1-~.~..4 J: I 8 J~~-' I I I I z I j~' I i I ; (:,~ I ~ l"t ! ; . J ~ A I . I II' I. I i .. I , . .C::'~::t 0 I ! , .. a> > 1'" I I I. I.. I ~ I 1';~ rr'"rr I'. I I L- a> I~ ~ J a> i 0 . T · ! ~'i i ~~ 1- ~ , 0 :i Ii ' .2 " li-~ ]-"" ~. d ~...~ I 'I: Ii: hS . ',,- , hg d- 'i I I . ~Il/i - 81 /' , ~~. ,/' II ." i i~1 ';. - /' IIL'r o~~'11 III' o f e ..-1: ,)- . :--;;..:;.\ ( j . 21:~-.1 '.' I j - ~-. .. .. I . ..oo'~ I I 'i' I ! 2 I )j I g t. 13 21 &1 . . 'e.. ~.:: - .' icdlll . ~ 'iII!EI~~1 l' , I- il &1 ' j : / '&-. lOllitS t~ . . 1 . J Y. . . ,: , Yl/ . 3 I .'(__ _ _----,-_~___- /' j . . ~ e>) I 'I I , I '" _ 7.~ " '.oZ...g~ //' ' $~ _/1 . / /.;- \ . '.. .. ~ . -,./'" './ ~ ",.--:. ';c: "'.r" .'CO :;:"- - .---r--- - -,::;~.....- . \ ~" ~. . " . ,_., A.". / . . ,~ - -~ -- -_::... ;l..TL 4NTj.c AVEN;) G. EXHIBIT "A" , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i ~(!, - MEETING OF JUNE 8. 1993 ADDENDUM TO AGREEMENT WITH PROPERTY APPRAISER'S OFFICE DATE: June 4, 1993 This item is before you to approve an addendum to the agreement with the Property Appraiser's Office which eliminates the need for the City to pay certain costs associated with the collection of non ad valorem taxes in conjunction with House Bill 1637. Based upon the provisions of the previous agreement, the County was authorized to seek reimbursement for the costs of upgrading their computer systems from the non ad valorem taxing districts. This addendum removes that language and references thereto from the agreement. Recommend approval of the addendum to the agreement with the Property Appraiser's Office for the collection of non ad valorem taxes. '. l:' .1/;1; /1 { (', I [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 2lHl NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM Date: June 2, 1993 To: David Harden, City Manager From: Susan A. Ruby, City Attorney Subject: Addendum to Agreement The City Commission at its last regular meeting approved a contract with the Palm Beach County Property Appraiser's Office which would have subjected the City to paying certain costs incurred in carrying out provisions of House Bill 1637. We have received from Gary R. Nikolits, Palm Beach County Property Appraiser, an Addendum to Agreement which eliminates the need for the City to pay these costs. Please place this Addendum on the City Commission consent agenda for their approval. Once approved, please have the Mayor execute these agreements. T~~ SAR:Jw!f Attachment cc: Alison MacGregor Harty, City Clerk add. Bar '. L.L .. "o....;Jt\ll&\TAL CD.lD - FlFrB FLooR GARY IL N'moun, CF A ;1 NORTH OuVE AVE.'\1JE P AU( BuCH CotNIT .,'.~,. PAUl BEACH. FLoRIDA 331.01 PRoP ERn AmwsER fFJ.: (1{)7) 355.2866 FAX: (1{)7) 355-3963 MEMORANDUX TO: PALM BEACH COUNTY NON AD VALOREM DISTRICTS ~JMt FROM: GARY R. NIKOLTIS, CFA PALM BEACH COUNTY PROPERTY APPRAISER DATE: May 27, 1993 RE: ADDENDUM TO AGREEMENT - ---------------------------------------- ---------------------------------------- --- Enclosed please find two copies of an ADDENDUM TO AGREEMENT which this office has completed for your signature. The addendum removes your district from the responsibility of paying the Palm Beach County Property Appraiser for costs incurred in carrying out the provisions of House Bill 1637. Please return the signed addendum copies along with the original agreements to our office as soon as possible. If you should have any questions please contact Dorothy Jacks at ( 407) 355-3233. I - -.__. ------- - --- .----,,> i. __________u_ _.~ GI.ADFS ARF.A OFFICL . NORTH COUNTY OFflCE . ROYAL PAlM BEACH OffiCE . SOL7H COL'!'.'TY OFflCE 2976 Sun; ROAD 15 3188 l'GA BLVD. 1030 Roul. Pj.UI BuCH BLVD. SOl S. CoNCRFSS A\T.. Btuz GUIlE. Fl. 33430 P.llM BUOl GllOO>S, FL 33410 ROYll Pj.UI BUCH, FL 33411 DF.I.Al Y BUOl. FL 33445 Tl~/407)996.4890 Tn; (4071 624.6522 Tn; (407) 798-1199 TEl.: (407) 276-12:>0 FAX: (4071996-1661 FAX; (4071 775.5617 FAX; (4071795-2389 FAX: (4071 276-1278 '. ADDENDUM TO AGREEMENT ADDENDUM TO AGREEMENT entered into on the 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" , The parties hereby agree that Paragraph 7 of the said agreement shall be amended to delete all reference to Paragraphs 4 and 5 relating to costs to be incurred in carrying out the provisions of House Bill 1637. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and ~s this day of , 1993. LOCAL GOVERNMENT By Gary R. Nikolits, as Palm Beach County Property Appraiser Attest: '\ . - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1fJ1 SUBJECT: AGENDA ITEM i ~l> - MEETING OF JUNE 8. 1993 AGREEMENT WITH PALM BEACH COUNTY FOR JOINT PARTICIPATION IN CONSTRUCTION DATE: June 4, 1993 This item is before you to approve an agreement with Palm Beach County for joint participation in the construction of the 24" raw water main within the right-of-way of Linton Boulevard from Jog Road to Military Trail. The raw water main will link to the proposed Morikami Wellfield upon its development. The agreement provides that the City will pay the County costs attributable to the utility construction. The City is also responsible for inspection services and final certification of the utility improvement. The County has solicited bids; the low bidder is Smith and Company in the amount of $591,472.50. Recommend approval of the agreement with Palm Beach County for joint participation in the construction of the 24" raw water main on Linton Boulevard and approve the award of bid to Smith and Company in the amount of $591,472.50; with funding from Water and Sewer Fund - Water Mains (Account No. 441-5181-536-63.50). . .. Agenda Item No.: AGENDA REOUEST Date: 5/27/93 Request to be placed on: --A-- Regular Agenda _____ Special Agenda _____ Workshop Agenda When: 6/8/93 Description of item (who, what, where, how much): Staff reauests Commission approval of an inter local aareement between the Citv and Palm Beach Countv for ioint participation in the construction of 7,800 L.F. of 24" raw water main in coni unction with County proiect #88506B for improvements to Linton Blvd. Between Joa Road and Militarv Trail. The low bidder is Smith and Company, and the City's participation is in the amount of S591,472.50. This raw water main will serve the proposed Morikami Wellfield. The City's proiect number is 92-020, and the fundina source is account number 441-5181-536-63.50. ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YES~ rI Recommendation: Staff recommends roval of Interlocal A reement. a Department Head signature: dV~~ ~h'>~3 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) funds) : S.. 0^~_STtJR. ____ p~ City Manager Review: Approved for agenda: ~/NO [tv! Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.kt . MEMORANDUM TO: David T. Harden City Manager ~I~ THRU: William H. Greenwood Dir. of Environmental Services FROM: Richard C. Hasko, P.E. ~ Acting Dep. Dir. of Public utilities DATE: May 27, 1993 SUBJECT: LINTON BLVD. RAW WATER MAIN PROJECT NO. 92-020 Attached is an agenda request and a copy of an Interlocal Agreement with Palm Beach County for joint participation in the construction of 7800 L.F. of 24" raw water main in conjunction with Palm Beach County's project #88560B for improvements to Linton Blvd. between Jog Road and Military Trail. This raw water main link will serve the proposed Morikami Wellfield upon its development. The low bidder for the project is Smith and Company. The City's participation will be an amount of $591,472.50, and will be funded from account #441-5181-536-63.50. DH : rom File: Project No. 92-020 (D) DH220517.MRM '. Board of County Commissioners County Administrator Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus c:-- !,.. ~;.: ~ ~~ ~'_.' '''-', t ::, ~,,_~) i ~q Carol A. Roberts Ll'iJ ',j ;:,;~:.';.. ,_. j De'Vartment of Engineering Warren H. Newell 93 Hf,Y 2'; "H (';. I ;lnd Public Works Burt Aaronson [;r~ :1~ ~:\ J Maude Ford Lee ~~ 1~) f\ L" May 24, 1993 City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 ATTN: Mr. Richard C. Hasko, P.E. Director of utilities RB: LII1'.rOB BOULBVARD I'ROII JOG ROAD TO IIILIarARY TRAIL IIIPROVBIIBJITS PALII BEACH COmITY PROJECT f 88560B JOIft PROJECT JrmtDIBG AGRBBllBft Dear Mr. Hasko: We are enclosing herewith three revised original joint project funding agreements for your utility work on the reference project. Smith and Company was the lowest responsible bidder. The Board will be awarding the contract on June 1, 1993. The City will be responsible for the items of work in the amount of $ 591,472.50. Please review and request the City to execute the agreements and return all three originals for execution by the County. If you have any questions regarding this matter, please feel free to contact this office. Carroll, P.E., Director Production JHC:cs Enc. cc: L. Javier Lopez, P.E., program Manager/Roadway Production Ronald L. Terrell, Sr., P.E./Roadway production Mi~e Villavicencio, P.E., utility Coord/Roadway Production "An Equal Opportunity - Affirmative Action Employer" @ printed on recycled paper Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000 '. . . AGRBBMBNT BETWEEN TBB CITY OP DELRAY BEACH AND PALM BEACH COUJl'l'Y, PLORIDA POR JOINT PROJECT PARTICIPATION IN CONSTRUCTION POR LINTON BOULEVARD PROM JOG ROAD TO MILITARY TRAIL PALM BEACH COUJl'l'Y PROJECT NO. 88560B '.rJIl:8 AGRIIBDJI'r , mad. and .nt.r.d into this day of 1993, by and b.tw.en PALM BEACH COUJl'l'Y, a politioal Subdivision in the State of Plorida, herein r.f.rred to as "COUJl'l'Y" and CITY OP DBLRAY BEACH, a politioal Subdivision in the Btat. of Plorida, herein r.f.rred to as the "CITY", . I ~ . . S S . ~ . : , ....... , COUNTY and CITY desire to jointly partioipat. in the oonstruotion of the 24" raw water main within the right-of-way of Linton Bou1.vard from Jog Road to Military Trail, and, ....... , Pl~rida statut.s, B.otion 1'3.01, allows gov.rnaenta1 units to mak. the most .ffioi.nt us. of their pow.rs by .nab1ing th.. to ooop.rate with oth.r 10oa1iti.s on a basis of mutual advantag., and ......., the ex.oution of agr....nt is in the best int.r.st of both gov.rnm.nta1 units by promoting .ffioient utility oonstruotion along the Linton Boulevard from Jog Road to Military Trail right-of-way r.f.rr.d to previously, mw, '1'BlIIlJQORB , for and in oonsid.ration of the mutual oov.nants oontain.d h.r.in, the Parties to this Agr....nt agr.. as folloWS. 1 " AGIUIBIDDI'.r WID ~ CIft OP DBLRAY BEACH 1. Th. agr....nt b.tw..n COUNTY and the CITY for the Joint Punding Improv...nt. to Linton Bou1.vard dat.d Jun. 23, 1992 and attaohed h.r.to (Attaohll.nt A) is inoorporat.d by r.f.r.noe and mad. part of this agr....nt. 2. Th. CITY agr..s to pay dir.ot1y to the COUNTY oosts attributab1. to .aid utility oonstruotion as out1in.d in the sp.oifioations for this proj.ot. 3. Said sUIDIDation of oost. is stat.d in the amount of . 591,472.50 in aooordano. with the attaoh.d bid tabulation (Attaohm.nt "B") and sUIDIDary (Attaohm.nt "C") for the , sp.oifi.d work. 4. Said oosts shall b. adju.t.d upon ooap1.tion of the proj.ot using as oonstruot.d quantiti.., said quantiti.s b.ing m.asur.d by the Pal. B.aoh county Bngin..ring and Pub1io Works D.partm.nt. 5. Th. CITY agr..s to fund those oontributions set forth in Paragraphs 1 through 4 above within thirty (30) day. of r.o.iving writt.n notio. fro. the COUNTY that funding is r.quir.d. ,. Th. COUNTY is to b. r..ponsib1. for administ.ring the fund. in aooordano. with the Agr....nt. 7. Th. CITY is to b. r..ponsib1. for, and agre.s to provide or oaus. to b. p.rform.d all insp.otion ..rvioes during oon.truotion of and final o.rtifioation fOJ: the afor...ntion.d utility .y.t.... 2 " amnmWRII'f Uft 'fIIJI cJ:n OP DBLRaY BBACR 8. The COUJl'l'Y shall obtain CITY approval for any ohang. ord.rs whioh inor.as. the oost attributab1. to the utility oonstruotion to an amount greater than the oontraot amount as stat.d in Paragraph 3 of this agr....nt. Th. CITY shall b. r.sponsibl. for any oost oaus.d by the City'S d.lays ino1uding but not 1imit.d to ohange orders attributab1. to the utility oonstruotion. 9. In the .v.nt that additional work and funding is r.quir.d, the addi tiona1 oost attributab1. to said utility oonstruotion as outlin.d in the sp.oifioations for this projeot is the re.ponsibility of the CZTY. In the .v.nt or an und.r run attributab1. to said utility oonstruotion as , out1in.d in the sp.oifioation, the CITY will b. or.dit.d the .xo.ss amount. 10. All provisions of this Agr....nt oa11ing for the .xp.nditur. of ad valor.. tax mon.y by .ith.r COUNTY or CITY are subj.ot to annual budg.tary funding and should ei th.r Par1:y involuntarily fail to fund any of th.ir r.sp.otiv. obligations pursuant to this Agr....nt, this Agr....nt may be t.rminat.d. 11. Any and all notioe. requir.d or permitted to be giv.n h.r.und.r shall b. d....d r.o.iv.d thr.. (3) days aft.r s_. ar. cS.posited in U. B. Mail s.nt via oertifi.d mail, r.turn r.o.ipt r.qu.st.d. All notio. to CITY shall b. s.nt tOI city of D.1ray Beaoh 434 Bwinton Av.nu. D.1ray B.aoh, PL 33444 A'l'TN1 Riohard C. Basko, P.B., Dir.otor PUblio uti1iti.s 3 '. ~"OI'r WID ~ CIft OP DBLRAt' BnCK All notioe to the County shall be sent to: George T. Webb, P.E., county Engineer Engineering and Pub1io Works Department P.O. Box 21229 West Palm Beaoh, PL 3341&-1229 ATTN: Roadway Produotion X. WI~SS WBBRBOP, the parties unto this Agreement have set their hands and seals on the day and date first written above. CITY OP DELRAY BEACK PALM BnCK COUJl'l'Y,PLORIDA, BY ITS BOARD OP COUJl'l'Y COKHISBIONBRS , BY: BY: (DATE) (raTB) ATTEST: ATTEST: DOROTHY B. WXLDlI, CLERK BY: BY: (DATE) (raTB) APPROVED AS TO PORK AND LEGAL APPROVED AS LEGAL BUPPXCXBNCYI LEGAL SUPPICI BY: BY: CITY ATTORNEY COUNTY ATTORNEY revised 51'1.0193 4 '. . ATTACHMENT "A" page 1 of 5 AGRBEMENT BETWEEN THE CITY OP DBLRAY BEACH I AND PALM BBACH COUNTY I J'LORIDA FOR JOINT PROJECT PARTICIPATION IN CONBTRUCTION OF LINTON BOULEVARD FROM JOG ROAD TO MILITARY TRAIL PALM BEACH COUNTY, FLORIDA PALM-BEACH COUNTY PROJECT NO. 885S0B I aq2 858 0 THIS AGRBBKBHT, ma4e'and entered into this 4ay of JUN 2 3 1992 19 _, by and between the COtm'l'Y OP PALM BBACH, a ;politioal subdivision of the state of P10rida, hereinafter oa11ed and. referred to as the "COtm'l'Y" and the CITY OP DELRAY BEACH, a munioipality in the state of P10ri4a, hereinafter oalled and referred to as the "CITY", I . . I ~ . B S S B ~ . : , WllBRBAS, the CITY and the COtm'l'Y are authori.ed to enter into this agreement pursuant to Beotion 113.01, P10rida statutes, as amended, whioh permits 10oa1 governmental units to make the most effioient use of their powers by enabling them to oooperate with other 100alities on a basis of mutual advantage, an4 WBBRBAS, the COUNTY has oaused to be prepared roadway oonstruotion plans and specifioations for improving Linton Boulevard from Jog Road to Military Trail, and WBB"&8, the CI~Y has aause4 to be prepare4 utility oonstruotion plans and speoifioations for the oonstruotion of a 24" raw watermain for the aforementione4 portion of Linton Boulevard whioh will serve portions of its servioe area, an4 WBB"", both OITY and the COUNTY deolare that i~ is in the pUblic interest that the 24" raw wateraain be oonstruoted with the aforementioned Linton BOUlevard improvements, and 1 '. '. ATTACHMENT "A., page 2 of 5 1IBB'RBA8, the CITY has budgeted funds for the oonstruction of the 24" raw watemain along the authorized service seotion of Linton Boulevard, and 1I1IBRBA8, the CITY is desirous of fundinq the oosts for construotion of the 24" raw watemain whioh would benefit the CITY, and 1I1IBRBAB , the CITY will perfom all inspeotions, testing and oertifioations requir.d tor the 24" raw watemain to insure oompliano. with their speoifioations and p.rmits, BOW, 'l'BBRBJ'ORB, tor and in oonsid.ration ot the mutual , oovenants oontained herein, the Parties to this Agreement agree as fo110wsI 1. Th. reoitals s.t forth above ar. hereby adopte4 and inoorporate4 in this agreement. 2. The COUNTY agr.es tOI A. Advertise for bids, submit bids to the CITY for review, and award a oontraot for the oonstruotion of Linton Boulevard i.provements and for a 24" raw watermain whioh i. to be owne4 by the CITY. B. Administer the above contraot and administer the funds in aooordanoe with this Agr....nt. C. Supply the CITY with a oontraot audit in aooordanoe with standard aooounting proo.dur.. whioh refl.ct total, final oosts of the 24" raw watermain, upon oomp1etion o~ this projeot. 2 '. . . ATTACHMENT "A" page 3 of 5 . . . . . D. To the extent the county is oharqed with ~.siqn for the road i.prov..ents on Linton Boulevard from Joq R'Jad to Military Trail, the County agrees to be responsible for any and all liability with reqard to its performanoe of the r.quirements of this agr....nt. 3. The CITY agr..s tOI A. Use a prof.ssiona1 .ngineer s.leot.d by the CITY to prepare de.iqn plans for the construotion of the 24" raw watenaain and obtain all n.o....ry permits for the projeot. , B. Pay the oost. of engineering .ervioes to aooo.plish d.siqn plans for the oonstruotion of the 24" raw watenaain for the proj.ot. C. Provide or oause to be performed all inspeotion servioes for the oonstruotion of the 24" raw watermain during oonstruotion and final o.rtifioation for the afor.1Il.ntione4 24" raw watermain. D. To the extent that the CITY . is oharg.~ with desiqn for the oonstruotion of the 24" raw watermain of the projeot, the CITY agrees to be responsible for any and all liability with regard to it. performanoe of the requirement. of this agre.m.nt. 3 '. . . . ATT~T "A" page 4 of 5 .' B. To oontribute and to forvar4 to the COUNTY the funding for the aotua1 oosts of oonstruotion of I the 24" raw watemain. Contributions and fun4ing for the oost of suoh oonstruotion shall b. paid by the CITY as suoh oosts aoorue and within 30 days after a bill for SIUll. has been sent by the COUNTY to the CITY, providinq that the COUNTY shall obtain CITY approval for any ohange orders whioh inorease the oost of oonstruotiqg the 24" raw watemain above the contract amount. 4. Both the COUNTY and the CITY agree to pay to the other suoh funds as are indioated in the final audit set , forth in Paragraph 2 (C) above, whioh will balanoe aooounts between the parties. 5. This Agr....nt shall be exeout.d in triplicate and the COUNTY shall r.tain two (2) and the CITY shall retain one (1) oopy. All shall be oonsidered an original. ,. Any and all notioes r.quired or permitted to be given here under shall be deemed reoeived five (5) days after same are 4eposited in u.s. Mail sent via oertified .ai1, return reoeipt requested. All notioes to the CZTY shall be sent tOI city of Delray Beaoh 434 South Swinton Avenue Delray Beaoh, FL 33444 ATTNI Mr. George Abou-Jaoude Direotor of utilities 4 '. -- -f ATTJCHMENT -A-, page 5 of 5 . ~.. ". '. All notioes to the COUNTY shall be s.n~ tOt George T. Webb, P.B., County Bngineer Engineering and Pub1io Works Department P.O. Box 21229 West Palm Beaoh, PL 33411 ATTN: Roadway Produotion IB ~TNlSB WRBRBOV, the county of Palm Beach, Plori~a has caused this Agreement to signed by the Chairman of the Board of county COlDIDissionera and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the CXTY has oaused this I. Agreement to be signed in its name by its Chairman and its seal to be affixed hereto, attested by its Beoretary, the date and year first above written. . I CITY OP DSLRAY BBACH PALM BBACH COUJl'l'Y, I'LORIDA, BY IT BOARD OP COUNTY COIQIIB IONBRS By~-;M"I9'" . DA E ATTBSTt A TSBTt HILTON T. BAUER, CLBRK . BYt {JJinrn'l!)>I'JtJ,~th~ .ll~~ ~ . DATB-sj.i1/tp. .~ Dlt. APVROVBD AS TO 70RM AND APVROVllD All '1'0 70RM AND LIIClAL LEGAL SU7FICIENCYt SUFFICIENCY' By,:t:d)tJ.~ BY' ~ITY ATTORNEY I I I 5 \ '. . ... - .... o .... 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PROJECT NAME: LINTON BOULEVARD FROM JOG ROAD TO MILITARY TRAIL PROJECT' 8Md JOG ROAD FROM LINTON BOULEVARD TO ATLANTIC AVENUE , 89513 BID OPENING DATE: MARCH 23, 1993 CITY OF DELRAY BEACH ITEM QUANTITY !UNITS UNIT PRIC! TOTAL .................................................................................................... 156 24" CLASS 52 D.I.P. WATER MAIN & APPURTENANCES 7,aoo LF S63.8O 1497,640.00 . 157 24" CLASS 54 D.I.P. WATER MAIN & APPUltTENANCES 350 EA $56.80 '19,880.00 158 24" BUTTERFLY VALVES 6 EA 14,760.00 $28,560.00 159 2" BLOW' OFF ASSEMBLY 3 EA $720.00 $2,160.00 160 AIR RELEASE VALVE & APPURENANCES 1 EA $1.280.00 $1,280.00 161 AERIAL CANAL CROSSING (4 PILES AND SUPPORTS) 1 LS $39,100..00 '39,100.00 162 TRENCH SAFETY (CITY OF DELRAY WATER MAINS) 8,150 LF $0.35 '2,852.50 ......--.--... '591,472.50 '~ . DK tJJv~ [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st A\'[:\UE . DELRAY BEACH. FLORIDA ~3~4~ FACSIMILE 407 ~~,c:-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM Date: June 2, 1993 To: City Commission From: Susan A. Ruby, City Attorney Subject: Arbitration Award - Officer DiGiovanni Our office has received an arbitration award in the above-stated matter. It is our office's position that the arbitration award should be vacated. The arbitrator died prior to rendering his written decision. The written decision was formulated by Vernon Jensen instead of the arbitrator that heard the case. In addition, it is our office's opinion that the arbitrator failed to take into account the limitation on the arbitrator's authority as set forth in the collective bargaining agreement. ---- By copy of this memorandum to David Harden, our office is requesting that the City Commission authorize our office to file a Motion to Vacate the arbitration award. P:~l if you have any questions. SAR." ~ cc: David Harden, City Manager digiovaw.sar gE '. 1/ :,/ \ f}1/1 " I [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE zoo NW 1st AVENUE' DELRAY BEACH, FLORlDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: June 3, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Appointment of Outside Counsel for Verna Cook vs. the City of Delray Beach and James Cook vs. the City of Delray Beach Cases This lawsuit alleges a violation of Florida Statutes 448.102 which prohibits retaliatory personnel actions because an employee has disclosed a violation of law, rule or regulation. Our office recommends the appointment of the firm of Carson, Linn and Atkins to represent the City in these cases. Leonard Carson of Carson, Linn and Atkins will assume responsibility as lead counsel. Hourly charges for lawyers would be one hundred dollars per hour. The time spent by law clerks would be billed at $50.00 per hour. Our office has consulted with the City Manager's office regarding this appointment and have their concurrence. By copy of this memorandum to David Harden, City Manager, our office requests that the appointment of outside counsel in these matters be placed on the City Commission agenda for June 8, 1993. Please call if you have any questions. ~ SAR:ci cc David Harden, City Manager Alison MacGregor Harty, City Clerk Chief Richard Overman, Delray Beach Police Department Eric Hightower, Police Legal Advisor 8F ., ~i , . , -, 11 /f'tJ I I, , [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 W~~t_~.. D~~_at L~n_ (407) 243-7090 MEMORANDUM Date: June 3, 1993 To: City Commission From: David N. Tolces, Assistant Ci ty Attorn~ Subject: Settlement of Purvin Industries Attorney's Fees for Aero-Dri Appeals As you are aware, the Fourth District Court of Appeal denied the City's motion for rehearing on all the Aero-Dri appeals. As part of the appellate court's ruling, the court awarded Purvin Industries' attorney's fees in defending both of the City's appeals regarding the trial court's award of costs and attorney's fees, as well as Purvin's attorney's fees for defending the City's motions for rehearing. The City Attorney's Office has received the billing information provided by Purvin's attorney, Doug Halsey. The original request was for more than $32,000.00 in fees and costs. Following a review of the billing statements by outside appellate counsel, and negotiations with Mr. Halsey, our office was able to negotiate a settlement in the amount of $26,000.00. It is our office's recommendation that the Commission approve payment of $26,000.00 to Douglas M. Halsey, P.A., as full and complete settlement for attorney's fees and costs incurred defending the City's appeals. If you have any questions, please call. DNT:sh cc: David Harden, City Manager purvinl.dnt g'G '. <'" . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i ~# - MEETING OF JUNE 8. 1993 WAIVER OF PERIMETER LANDSCAPE REOUIREMENTS DATE: June 4, 1993 We have received a request for waiver of Section 4.6.16 (H)(3)(a) of the Land Development Regulations for the Mouw Office Building located at 409 N.E. 3rd Street. Section 4.6.16 (H)(3)(a) requires a five foot landscape strip between off-street parking and the right of way; one tree every 30 feet between the right-of-way line and off-street parking; and, a hedge, wall or other durable landscape area along the interior perimeter of the landscape strip. The area affected by these provisions is the western boundary of the subject property. Currently a driveway, two parking spaces, a portion of a wall and a storage shed are situated on a zero setback at this site. If the applicant were required to provide a five foot landscape strip, all of these facilities would be negatively impacted. The Site Plan Review and Appearance Board at their May 19th meeting recommended approval of the waiver. A detailed staff report is attached as backup material for this item. Recommend approval of the waiver of Section 4.6.16 (H)(3)(a) of the Land Development Regulations for the Mouw Office Building; subject to the Commission making positive findings with respect to Land Development Section 2.4.7 (B)(5). , c-,/{ L--' 0/01 C I T Y COM MIS S ION DOC U MEN TAT ION TO: (/~-~~D T. HARD~N, CITY MANAGER \,--0~0)cD THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: ~E~R II SUBJECT: MEETING OF JUNE 8, 1993 CONSIDERATION OF A WAIVER TO A PERIMETER LANDSCAPE REQUIREMENT rSECTION 4.6.16(H)(3)(a)] FOR 409 N.E. 3RD STREET (MOUW'S OFFICE BUILDING) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of granting a specific waiver (perimeter landscaping) in conjunction with a site plan modification. The development proposal is to provide a 2-story addition to the Mouw Office Building. The project is located on the north side of N.E. 3rd Street, east of the F.E.C. Railroad. BACKGROUND: The request is in conjunction with a site plan modification, which was recently approved by the Site Plan Review and Appearance Board. The applicant has requested a waiver from Section 4.6.16(H)(3)(a) of the LDR's which deals with perimeter landscape requirements. This section states that a 5' landscape strip must be provided between the vehicular use area and the adjacent property. This requirement would apply to the western property line of the subject property. This waiver applies to an existing condition. The upgrade is required because the applicant is adding in excess of 25% of new floor area, thereby making full compliance with the landscape code a requirement. Pursuant to Section 4.6.16(C)(2), landscape waivers may only be granted by the City Commission. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the City commission shall make a finding that the granting of the waiver: '. '. City Commission Documentation Waiver Request for the Mouw Office Building Page 2 (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Located along the western boundary of the subject property are a driveway, two existing parking spaces, a portion of a wall, and a storage shed, all of which are situated at a zero setback. If the applicant were required to provide a 5' landscape strip between this vehicular use area and the western property line, all of these facilities would be negatively impacted. The waiver should not adversely affect the neighboring property which has a light industrial use (Bright Image Signs), as its building is at a zero setback, with an outdoor use area to the rear which is also paved to the property line. The waiver does not diminish the provision of public facilities; and will not create an unsafe situation as it relates to a landscape buffer. It does not constitute a special privilege, because if the landscape strip is provided it would diminish the ability to access the rear of the property to the parking lots, a portion of the existing shed would need to be demolished, and required parking spaces would need to be eliminated. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: The Site Plan Review and Appearance Board formally reviewed this item at its meeting of May 19th. The Board voted 5-0 (Marsh and Mouw stepped down) to recommend that a waiver to LDR Section 4.6.16(H)(3)(a) be granted, to allow the omission of the 5 ' perimeter landscape strip. RECOMMENDED ACTION: By motion, grant the request to waiver the requirement for a 5' perimeter landscape strip along the western boundary of the subject property. Attachment: * Waiver Request, Site Plan jcm/y:ccmouw " -.. .-- -'~-'..-"=::"":":-~i'-" -.. '. .'1 ,_ ..' : ~ . ; if . /. · ! w .- W , d ' ~ , ~ I . J ~ O ' ~ , W oWl a ' = 1 ~ ' · . a o II ... ... ., >w ., OWClCl . Za:~~ I ~Oa:Cl~ I en... 0 -en... I 1 :,l.V)1S) J I '" ! ~ - I G i '" _, _ .- . r'- ~ f ! . . I _ . . : ~ - .... Cl~ Cl za:w~ -000 t-"'_j ~lOt5 :NOIS) . w. : j:~' 'i.i: "'.--- i : l,.:",~ _" J . , .... .. ~'- " \' . '. " "j . , . " > ,,I "'k' I! J~ . ~ '..,. ,,'., I' o . , '.' , ' ~:"i: J. U "_u ' , · "".'. I -u-"r " ..-....,... I "':1 .'.......\ !. "".., ' ".' , --'.::-- '.~"\ . . : __.-1-.._.. 1-: ',-_ .. . n,.. · _--______________ ~\&t-r', ____~----- ----'-~- ------'--"3"" < 'ON I c- --T . ---'- ) ~~":;:'-;::--. .. ~-,. C', -. - I , .- " . ; '. . . DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. CHARHRED ARCHITECTS . PLANNERS . INTERIOR DESIGNERS 14 May 1993 . Ms. Janet Meeks City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: Mouw Associates Dear Janet: We hereby request a waiver to the Landscape Code 4.6. 16(H)3a in regards to the landscaping being omitted on the west boundary adjacent to existing parking spaces between existing warehouse and existing I-story building. Kind regards, Yours sincerely, DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. ~~ Digby C. Bridges, A.LA., R.LB.A. DCB/sl ~ 124 N.E. Fifth Arenur, Delray Beach, Florida .H483 40-12'7R-1 )1'1' Palm Beach: 7.1(,-'i1'(16 Fax: 40712-1\- -HI I t'(:I\ ~"k()il{Jfrl~UI MM "..kll!H'l~l\n Jl!l\i' .,'IOOO,",(lI', '. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERM SUBJECT: AGENDA ITEM it 8::r.. - MEETING OF JUNE 8. 1993 REOUEST FOR FINAL PAYMENT/HAZEN AND SAWYER DATE: June 4, 1993 This item is before you to approve a request for final payment from Hazen and Sawyer in the amount of $2,377.80 for completion of the Operations and Maintenance Manual for the Miller Park Storage Tank facility. Staff has reviewed this work and found it to be satisfactorily complete. Recommend approval of the request for final payment from Hazen and Sawyer in the amount of $2,377.80 with funding from Water and Sewer Fund - Miller Park Storage Tank (Account No. 441-5181-536-69.01). " . Agenda Item No.: AGENDA REQUEST Date: OS/27/93 Request to be placed on: XXX Regular Agenda Special Agenda Workshop Agenda When: 06/08/93 Description of item (who, what, where, how much): Staff requests Commission approval for payment of final invoice to Hazen & Sawyer in the amount of $2.377.80 for engineering consultin~ services regarding the preparation of an Operation & Maintenance Manual for the Miller Park Storage Tank facility. Total fees for this prnject (#90-09.~) were $23~778.00. paid from P.O. #510276. funding from account #441-,]8]-,10-09 01, ~pprnved by CnmmiHHinn on 0/16/92. All submittal materials have been received from the consultant bv our staff. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO ~ Recommendation: Staff recommends approval of final payment to Hazen & Sawyer Department Head Signature: tfJl/Jjg ___~j~fl ')/~ ;1;:' Y Determination of Consistency with Comprehensive Plan: City At'torney Review/Recommendation (if applicable) Budget D~rector Review (~red on all items involving expenditure of funds): Funding available: ESvNO Funding alternatives ' t1f~1?icable) Account No. & D~~c;;rt~~tf'='51R/-S?l9.(cif--(){ rllU--C-K 'B4RK. STVg.\ANK.-~ Account Balance t- (~. "7 " 5", fc~ city Manager Review: I Approved for agenda: 8/NO t71 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. . M E M 0 RAN DUM TO: David T. Harden City Manager iiJ//6 THRU: William H. Greenwood Director of Environmental Services FROM: Richard C. Hasko, P.E. Acting Deputy Director/P.U. SUBJECT: HAZEN & SAWYER - FINAL INVOICE MILLER TANK OPERATIONS & MAINTENANCE MANUAL PROJECT #90-09.5 DATE: May 27, 1993 Attached please find a copy of a final invoice from Hazen & Sawyer for $2,377.80 for consulting services in the sUbject regard, as well as an agenda request for authorization of final payment. The total fee for Hazen & Sawyer as approved by Commission on June 16, 1992, was $23,778.00 for preparation of an Operation and Maintenance Manual for the Miller Tank storage facility. Invoices are paid from P.O. #510276 and funding is from account #441-5181-536-69.01. All submittal materials required by the performance of the ~~~ve been received by our staff. Richard C. Hasko, P.E. Acting Deputy Director/P.U. RCH:pw FILE: Memos From Deputy Director/P.U. Project #90-09.5 D a:MTANK.DOC '. '. . , HAzEN AND SAWYER Hazen and Sawyer, P. C. 2101 Corporate Blvd. Environmental Engineers & Scientists Boca Raton, FL 33431 407997-8070 Fax 407 997-8159 CITY OF DELRA Y BEACH ACCOUNTS PAYABLE 100 Northwest First Avenue Delray Beach, Florida 33444 Project No. 90-09.5 May 19, 1993 Purchase Order No. 510276 H&S Job No. 4102 Task Order No. 10 Invoice No.3 MILLER TANK OPERATION AND MAINTENANCE MANUAL For engineering services for preparing an operation and maintenance manual for the Miller Storage Tank at the City of Delray Beach, as per Contract dated July 7, 1992. For the period ending April 30, 1993. Total Fee $23.778.00 100% Complete $23,778.00 Less Previous Billings 21.400.20 Total Earned This Period $ 2,377.80 TOTAL AMOUNT DUE THIS INVOICE $ 2.377.80 c: A. F. Sykes R. Logan Hwd:41021 (1) New York, NY . Armonk, NY . Upper Saddle River, NJ . Raleigh, NC . Charlotte, NC . Richmond, VA . Hollywood, FL . Boca Raton, FL . Fort Pierce, FL . Jupiter, FL . Miami, FL . BOiJota, D.E. Colombia '. '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ rJ - MEETING OF JUNE 8. 1993 REOUEST FOR FINAL PAYMENT/MOLLOY BROTHERS. INC. DATE: June 4, 1993 This item is before you to approve a request for final payment from Molloy Brothers, Inc. in the amount of $1,275 for completion of the Golf Cart Bridge Repair project. Staff has reviewed this work and found it to be satisfactorily complete. Recommend approval of the request for final payment from Mol_loy Brothers, Inc. in the amount of $1,275; with funding from Golf Course - Other Improvements (Account No. 445-4761-572-63.90). '. '. . Agenda Item No.: AGENDA REQUEST Date: June 3, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: June 8, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve final payment to Molloy Bros., Inc. in the amount of $1,275.00, Project No. 93-34 - Golf Cart Bridge Repair for satisfactory completion of this project. Funding source is 445-4761-572-63.90. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of final payment to Molloy Bros., Inc. for satisfactory completion of project. Department Head I{~ Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (~ired on all items involving expenditure of funds), Funding available: E~/NO Funding alternative j ~ I M.Pr<oJ . Account No. & D~C~ t'on Account Balance ~ City Manager Review: @NO !J11 Approved for agenda: Hold Until: I Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. - __.....~ ,,~.~.. .... .u.."" IllId work compl_1Id to dete pclu.iw of comrllClltema whict> ~ Included in hem. 5 .nd 8. On eigne- onlera rel.tlng to contrr -'em. . indicate ch.nlle. Do notliat .mount. ICkANOE ~ HANGE I ORDER COST OR CREDIT OF WORK COMPLETED ORDER COST OR CREDIT OF WORK COMPLETED NO. NO. (1) (2) (1) (2)____ ~ / - ~ ( 7 J -[ f lJ / ,.. --,--.... - . - - - '- v~ , ,.1 " .,-.. - ;_f~ 'l. \J. .., ;~:):;J'~')11 1 I' . J~- tH:~: .."'t ~ t I ~,;''#'.i-..).~ \!~. .1..;~ ~ :2:~". .'~..z ;~.: ;'.;:.::":"'::j,(T \ I I I t'.".\ .\.... I ;i' . ;.,.-V · ..J. A?\'I1!:'\ ~ ~ J .').\PT~4 ! PA"".~rNY 1-0 Ie....;" Ai- :':'t.i.Ji.]) . ;'0:1,\1. '."I!.!~r.T - -, 1".W. . ::>'L ILY._ ! 4J..... It.:rr- l- 1:-....2. .;!;. " , IOu' /It . -"-'+---. .-.-...... ...--.-... - I-. dJh J (GIG IAIUt t;) ~IJ IUN1) b:(/tll ;9~ '- ; TOTAL I 3. CONTRACT COSTS - CREDIT AND PAYMENTS - I., Coot of COl1tnct 1_ performed to d... (Col. 6 of Sc/Jedu,. II . . . . . . . . . . . . . . . . . . . . . . '.:-' $12,750.00 (bl Ex". work performed to dolt. (SchlOdul. 2) . . . . . . . . . . . _' . . . . . . . , , . . . . , . . . . . . . . -0- 0 tel T otol elllt of work performld to d.t. (. ptUl bJ $12.750.00 . . . . . . .. . . . . '" . . . . . . . . . . . . . . . . .. (dllAu: Amount retained In ICCOrdanlll with eont,..t t.,"" (Show bo'h p.",...' Md dol/.. Mnountl _n_ ~. I~"~ 1.1 Net .mount .-nod on eont..et wo,k 10 d.t.. . . . . . . . . . . . . . . . , . . . , . . . . . . , . . . . . . In LoIo: Amount of P,IVlOUI P'Ylftlft... . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . .. .. 0 (al Subtotal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . , . . . . . . . . . . . . . . (hI LoIs: CrocIlt lor InaplCtlon 0 Llquldollld D._ 0 DIIlan 0 . . . . . . . . . . . . . . . . . . . . . . . I HI BALANCl; DUE THIl; PAYMENT. . . . . . . . . . . . . . . . . . . . . , . , . , . . . . . . . , . . , . . ~., ~~A "n 4. CERTIFICATION OF CONTRACTOR /lJ""-"S!!!- Acconling to me bat of my knowlldgo ..... blllIf, I -.Ify thlt .11 Ito"" Ind """",nil shown on th. sc_1I 01 thll Porio<lle Estlmot. lor P.,,1I1 Ply....nt .re cotrlCt; I.... .1\ _k hoo boen perforlllld .ndlor ""t..ill lupplild in lull .ecordolnlll with thl '.qui'......... 01 th. ..ter.ncl<! projecI 0' 0 improvement numbw, .ndlor dulV .uthoriDd devtat~o.., .ubrnltutionl, II1.,erionl, Indlor eddltlon.; thlt thl foregoing .. . truI .nd correct 11It.",lnt 01 t'" conI.... .ccount up to.nd Including th.I..I doIy of thl pe,lod co...,1d by Ihll Plrlodie Estl....lI. Thl ....n.. due .hll poy_'1I lull poy..-t lor 011 ..... wo,k .nd ....'.'illl fu,nl.hId by t'" undlnlgnld .nd oIllnel...."11 'h.,.to .nd Ih. under- Ilgned hereby "'.... ,... City Of"", It ~:t. from .11 c"l"" whollO_' growing OUI of Ihi. con'l'ICt fo, th. work porlo,mld up to d.1I of Ihi. ,equl.ltlon. ./IZI " PlrIodlc E.limlte II iOr . fI.., poylftlftl to project or Improvement. I furt_ ....Ilfy thlt .11 _.. dol", work upon or lu,ni.hlng mll.,III. 0' .upplllo for thl. pro!1Ct 10 Impro......ont undor this loregoing cont,let "'VI been poid In lull. .nd thlt .11 ..... ImpooId by No. 212 Flo,lds SlItut... (Sol.. .nd \IN T.. Act,,, Am.....edl ...... bien pold .nd dilChlrald. I r/{ /:~. /L. MOlloy Bros. Inc. By (ContrllCtor) (Si",.rur. of AJtho't&4 R.prounc.'iIlOJ , 5/3/93 President Dele: Tit'. 5. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE 1.1 Connel .mount S Ibl Plus: AddItlo.. .nd cnoc:Illl of .1\ .uthorlZld chltge Ordlfl lei Adjusted .uthorlZld contrlCt .mount to dol.. 6. CERTIFICATION OF ARCHITECT OR COUNSULTlNG ENGINEER WHERE APPLICABLE I certify thlt I h... clleckld Ind _iflld Ih. __ .nd fo,egoIng P..iodlc Estlm.1I for Penlll Plymen" thlt 10 tho _ of my i<nowt.. .nd blli..f It I.. true and cornICl_lllemenl of the work JMrformed ,ndlor mI..ril' suppliMS by.he CORtrector. Signed : Det.: (ArchitM;' rJr Couftlul'ing En""..,) 7. PRE.PAYMENT CERTIFICATION BY ENGINEER INSPECTOR I hi... cNelcltl this lOti"".. .'n" lIMo conn.ctOr" Schedul. 01 Amounll fo, Con".el Ply......." end Ih. nol.. .nd ..port. 01 my In.p.ctlon. 01 tho prol"". It is my OIIlnlon Ihlt th. .....monl of work ""fo,mld .ndlD< ....1..,.,. .upplled i. ...u..... 'hI' tho conlr...o, il observing the ,.qul,.rnenll 01 thl connect. ..... thlt I:Z;uId bI peld the ....ounl reqUlltI<! .bo.... /.-_ J'/. ~-/.J".A3 Etlgi"..,in, In_ro, Olt. A..,.,.nr City Eng,,,.., V.,. Supervltlng 1-,,,,, a.,. 'ORM M. t 01 Rev. 8/110 '.....1 .. -, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM tt ~K. - MEETING OF JUNE 8, 1993 REOUEST FOR PAYMENT/GATEWAY CONSTRUCTION DATE: June 4, 1993 This item is before you to approve a request for final payment from Gateway Construction in the amount of $12,209.38 for completion of the Water and Sewer Services to Former Enclaves (North Federal Highway) project. Staff has reviewed this project and found the work to be satisfactorily complete. Recommend approval of the request for final payment from Gateway Construction in the amount of $12,209.38; with funding from 1991 Water and Sewer Revenue Bond - Enclave Water/Sanitary Sewer Phase II (Account No. 447-5167-536-60.31). '. '. . Agenda Item No.: AGENDA REQUEST Date: June 1, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: June 8, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve final payment in the amount of $12,209.38 to Gateway Construction Company, Inc. for Water and Sewer Service to the Former Enclaves in the North Federal Highway Area (91-25.1). This final payment signifies the 10% contingency amount held back on pay request #10 dated November 25, 1992 which was approved on January 22, 1993 by City Commission. Funding Source is 447-5167-536-60.31. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of final payment be made to the Contractor. Department Head 4V 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: . E NO Funding alternative (if applicable) Account No. & Desrrintion~/-SJ0:J-6'8~ ~(OC-31 IqreoND b-N(]LAVE~'-P# II Account Balance 8 f / I .11 I I' . t. I ~ - . - - -: ...- .- - City Manager Review: Approved for agenda: (!!}NO [1M Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen2513.doc '. '. . 11- ..1- S. J ..J '~,' \. \~ " ." I., I I";"H:11I.PAYMENTAPPLlCATlONAND.CERTlFICATE "DATE: 11/25/92 .- , PAYMENT ESTIMATE 1 0 SHEET --L-, OF"~ PERIOD FROM 9/26 TO 11/25192L- PROJECT: Water. & Sewer Service to N. Federal, Highway PROJECT NO. SEF 30787. Dl CONTRACTOR: Gateway Construction Company ,. .ORIGINAL CONTRACT SUM . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 1,238,905.00 2. CONTRACT MODIFICATIONS APPROVED IN PREVIOUS APPLICATIONS: ADDITIONS $ 15,326.88 DEDUCTIONS $ 3. CONTRACT MODIFICATIONS APPROVED THIS PERIOD (LIST CONTRACT MODIFICATION NQS.) 3 ) ADDITIONS $ 59,382.17 DEDUCTIONS $ 4. NET CHANGE BY CONTRACT MODIFICATIONS (Sum of Line. 2 & 3) . . . . . . . . . . . . . . . . .. $ 74,709.05 5. REVISED CONTRACT AMOUNT: (Sum of Line. 1 &4) . ........................... $1 ,313,614....Q5.. ~=-- ~~~VALUE OF W9R.!S.lQJ2b.lE._t~ttllchod Payment Breakdown) $ 1,313,614.05 . ...,7~"",r;Ef~q~~;r..e!3Q~.g1;i~~Ph\f.l.hf?I~-1~1rt~.;6~~J!x, ;00) ~. ~ %. ,1 .1.'.,.' f. ."~" ~!~~~"'U' ......;..,;.,;..4 ,.!';;...-~~",,'?Jt.. '~/4;'Et v \ vI, .\.J,.,'J.~~"'''_~J'~'f'd:'.1.1'.r-. r~.,."~.....,, ~".~a) .j. N/A ! '" 8'. -MATER A~ of.J HAND JJ.i5tin IA- b .r;:...................$ I . ~ M ...,41.,........ . ...c,"'T'!!...vrr.. ' ... ~..' . , '0' '\I!r-'r:'.~" ....,1.. 1'.\ '''-l.''''\)J,'r'''LllJ.~-llW'f'~H I 1. 'f;\ ~ \ '11-" .;, II ~~ ~ .~~~ ,J 1, '10',..... ..;J ... ~ , . . . , P' S. PARTIAL PAYMENT UNDELIVERED EQUIP~ENT (Lilting Attechld) $ N/A I' -~_'....t'-':-':,'~'-rF:YIli7,r,li:\ 1 313 614 05 I' 10 SUBTOTAC.(S'......-'f L"- -"'-'8' ) I , , . I ~.' . .' um 0 lie' 0.. .9 ........ '.' . -. ".1' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ . I - m'-"""'''''' ,...r'f{....(i.~'- " [ " N:-;.c-~':.,\!:i'~l I -,' .....'").,~'i._'!.,., '....!. ,'I I 0 , ' 1~'" I . . . .."",' - 'IT " \'.. [.-' .'......,,1..I.~~~. ~.1>..(i1 MOU,N, T RET t!l!ii::QIli.~IKL{.. .\'1...... ........................ .., $ --.--.... . .- . :I' P..'~"" , ~l ,. ~1:;n.nt:'rlv : ,1:. TOTAL AMOUtjl:. R~AI,N~D,TO DATE .. .il, . . . . . . . . . . . . . . . . . . . . !. . . . . . . . . .. $ 0 ___,_. I (, (:i,it. "s.q_.L...!:t--!P-------. I 0 :., . 'APPFrnVED RETAINAGE REDUCTION. . . . . t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 'tt~4;~C~--; r.F;..-:" I(~~r. -i.::..C,UL., 1 313 614.05 "., tr: tne . . . . . . . . . .. ................. '. . . . . . . . . . . . . .. $' , __.,___ I _.~., _ E!S t'UH"'PJ\m T litem 14 from Previoul Application) $1,191,520.29 (~I~:;"..~TU .. 16~NT PAYMENT DUE: (Difference b41twee Lin8l14 & 16) t' $ 1 ~ QQ':l 76 -~ ~ (PRINT) LIIJ I,"YU', ID,.:tP ," '; vi ). : . . . ., Ir /0 KtfJt , [}M~ ~19nid Contractor certlfn::; liNt he Work covered by this apPllcatlonifjr amenll1as been , . "'co-mpt!he-mccordance with the Contract Documents, that all amounts have 'paid by him for Work for which previous Certificates for Payments were issued and payme is received from the Owner, and that the current payment shown herein is now due. . . Gateway Construction Co.' ~~~ 11/25{92__ CONTRACTOR BY f{ e . EInerson, V.P. 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ ~L - MEETING OF JUNE 8. 1993 RESOLUTION NO. 53-93 DATE: June 4, 1993 This is a resolution authorizing the Mayor and City Clerk to certify a survey of a portion of 8th Avenue. At this time, there is a question as to the extent of the City/s right-of-way on 8th Avenue. It is possible that a portion of 8th Avenue, between N.W. and S.W. 1st Streets, is on property which was not dedicated to the City. This resolution will enable the City to claim that 8th Avenue is vested with the City. Recommend approval of Resolution No. 53-93. '. . . . ".'#t., c, ~lTY DF DElRAY BE~[H -TORNEY~ S OfFlCE -- -. . Wr~t_r'. D~r_ct L~n_ (407) 243-7090 MEMORANDUM Date: June 3, 1993 To: City Commission From: David N. Tolces, Assistant City Attorn~ Subject: Resolution Authorizing the City Clerk to File a Right-of-Way Survey of 8th Avenue with the Public Records 9f Palm Beach County This resolution which is before you for your approval addresses a right-of-way problem which the City has on 8th Avenue between N.W. and S.W. First Streets. At this time, there is a question as to the extent of the City's right-of-way. It is possible that a portion of 8th Avenue between N.W. and s. W . 1st Streets is on property which was not dedicated to the City. This resolution will enable the City to claim that 8th Avenue is vested with the City. Pursuant to Section 95.361, Florida Statutes, the City is authorized to file in the Public Records of Palm Beach County a survey map indicating the extent of 8th Avenue which presently exists within the City. The only requirement is that the City has maintained the road for a period of at least four years. In order to vest any title to lands which the road is presently crossing, the City is authorized to file the resolution in the Public Records of Palm Beach County. Your approval of this resolution will enable the City to defeat any claims of any property owners who are alleging that the City has improperly located a road on their property. There still exists a portion of the right-of-way which the City will need to acquire. However, this resolution will allow the City to properly maintain 8th Avenue in its present configuration. If you have any questions, please call. DNT:sh Attachment cc: David Harden, City Manager David Kovacs, Director of Planning & Zoning Cheryl Leverett, Executive Assistant 8thavel. dnt ., RESOLUTION NO. 53-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY A SURVEY OF A PORTION OF 8TH AVENUE, RECITING THE FACT THAT RIGHT TITLE EASEMENT AND APPURTENANCES IN AND TO SUCH ROAD HAVE VESTED IN THE CITY OF DELRAY BEACH, FLORIDA; DIRECTING THE CITY CLERK TO FILE SUCH A SURVEY IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA. WHEREAS, the City of Delray Beach, Florida, has I constructed 8th Avenue extending from Northwest 1st Street south tp Southwest 1st Street; and WHEREAS, such road connects 8th Avenue through Atlantic Avenue; and WHE REAS , such road is known as 8th Avenue and has been maintained by the City in accordance with the City's standards and practices for monitoring and maintaining its roads; and WHEREAS, the road has been in existence, monitored, maintained and used continuously and uninterruptedly as a City road for a period well in excess of four years; and WHEREAS, Florida Statute 95.361 provides that such roads shall be deemed to be dedicated to the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor and City Clerk are hereby authorized to file a survey of 8th Avenue from Northwest 1st Street south to Southwest 1st Street, reciting that such road has been maintained in accordance with City standard procedures for maintaining City roads, continuously and uninterruptedly for a period of at least four years. Section 2. That the City Clerk is hereby directed to record the survey of 8th Avenue with a recitation stated above and certified by the Mayor and City Clerk. . PASSED AND ADOPTED in regular session on this the 8th day of June, 1993. MAY 0 R ATTEST: City Clerk , - 2 - Res. No. 53-93 '. - - .. .' .. - -''-''- '- - ," -. --. "--:E..!'''ll''~.. , ~ I"~ c. - . ""'r- '--'- ; II. -- ...." ,~ " , >-- .., r- I ! I ~ I;";'U- I' I , I I'; ~: ,~. : t~ ~~ ...' <+ . .- ! I I : 1 ~ I I I . I i I Ii: j ; I I I I I I I i' I~~ I , I I t I .; I I h I . n .~ Ii 'I : I J I a : f ." . S I I I . I i ! ' I I I I I I . I ~, ' : rUL-:- I ~! I I I =1 -.- I I r I ... -- I "- '~.\,.".., ~~- -- _. ._." ~Jll:rn ~'li ,. - ,-' ~. - \ h.' ! , . " I . ,'. .TUoIftlCI'1!IUI -.--- - I . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt1f1 SUBJECT: AGENDA ITEM i gM - MEETING OF JUNE 8. 1993 RESOLUTION NO. 48-93 DATE: June 4, 1993 This is a resolution assessing costs for abatement action required to remove nuisances on 17 properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 48-93 assessing costs for abating nuisances on 17 properties located within the City. " '. . . _.--" -- RESOLUTION NO. 48-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE OATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, , WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10 ) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 wi thin the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray i! Beach, submitted to the City Commission a report of the costs incurred !I in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), '. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the , County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property (s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 48-93 '. COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT -- - - ----, LOT 11, BLK 38, RESUB. BEULAH HUNTER $ 74.64 OF S 1/2 OF BLK 38 & 248 N.W. 14TH AVENUE 70.00 (ADM. COST) N 1/2 OF BLK 39, DELRAY BEACH, FL 33444 (RECORDING) DELRAY BEACH, PB 11, P 34, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 4TH AVE) LOT 2, BLK 1, ROSEMONT FRANCINE CLINTON $ 58.90 PARK, DELRAY, PB 13, 1501 N.W. 1ST STREET 70.00 (ADM. COST) P 60, PUBLIC RECORDS, BOYNTON BEACH, FL 33435 (RECORDING) PALM BEACH COUNTY, FL (605 SW 5TH AVE) LOT 1, BLK 1, ROSEMONT VENUS BURGESS $ 31. 42 PARK, DELRAY, PB 13, 601 S.W. 5TH AVENUE 70.00 (ADM. COST) P 60, PUBLIC RECORDS, DELRAY BEACH, FL 33444-2411 (RECORDING) PALM BEACH COUNTY, FL (601 SW 5TH AVE) LOT 23, BLK 1, ROSEMONT PIERRE PORTALIS $ 54.90 PARK, DELRAY, PB 13, 1027 S.W. 14TH AVENUE 70.00 (ADM. COST) P 60, PUBLIC RECORDS, DELRAY BEACH, FL 33444 (RECORDING) PALM BEACH COUNTY, FL (606 SW 4TH AVE) E50' OF W175' OF N160' BEATRICE GRAHAM $206.30 OF W 1/2 OF S 1/2 OF BOBBY L. GRAHAM 70.00 (ADM. COST) LOT 5, SUB. OF SEC. 721 N.W. 4TH STREET (RECORDING) 8-46-43, PB 1, P 3, DELRAY BEACH, FL 33444-2736 PUBLIC RECORDS, PALM BEACH COUNTY, FL (714 LAKE IDA ROAD) LOT 24, BLK 4, ROSEMONT TOKUMBO & CARLOTA ABIOSE $291.74 PARK, DELRAY, PB 13, P.O. BOX 2164 70.00 (ADM. COST) P60, PUBLIC RECORDS, BOCA RATON, FL 33427 (RECORDING) PALM BEACH COUNTY, FL (700 SW 5TH AVE) -3- Res. No. 4&93 " BOCA ISLE CONDO, PUBLIC BOCA ISLE CONDO $ 7.94 RECORDS, PALM BEACH C/O REG. AGENT 70.00 (ADM. COST) COUNTY, FL PATRICIA M. LADYMAN (RECORDING) (3220 FREDERICK BLVD.) 725 MALLARD DRIVE DELRAY BEACH, FL 33444 E15' OF LOT 2, BLK 5, J. L. & MARGARET PATTERSON $ 31. 42 OSCEOLA PARK, PB 3, P 2, 4517 TENELLA ROAD 70.00 (ADM. COST) PUBLIC RECORDS, PALM NEW BERN, NC 28562-7643 (RECORDING) BEACH COUNTY, FL (SE 5TH STREET) LOT 6, BLK 9, ATLANTIC P. & GENEVA ROBINSON & $497.01 GARDENS, DELRAY, PB 14, E. & DELORIS JOHNSON JR. 70.00 (ADM. COST) P 63, PUBLIC RECORDS, 322 N.W. 3RD STREET (RECORDING) PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435-4029 (SW 11TH AVE) EI0' OF LOT 101 & LOT ROBERTA MONTERO $ 82.38 102, DELRAY MANOR ADD. 701 S.W. 9TH STREET 70.00 (ADM. COST) TO DELRAY,'PB 12, P 59, DELRAY BEACH, FL 33444 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (701 SW 9TH STREET) LOT 22, BLK 6, ATLANTIC WILLIE P. WILSON $ 23.48 GARDENS, DELRAY, PB 14, P.O. BOX 1676 70.00 (ADM. COST) P 63, PUBLIC RECORDS, DELRAY BEACH, FL 33447-1676 (RECORDING) PALM BEACH COUNTY, FL (SW 11TH AVE) LOT 17, BLK 70 (OLD ABU N. AHMED $ 74.64 SCHOOL SQUARE HISTORIC 148 S.E. 1ST AVENUE 70.00 (ADM. COST) DISTRICT), SUNDY & DELRAY BEACH, FL 33444-3608 (RECORDING) CROMER AMND. PL., PB 6, P 17, PUBLIC RECORDS, PALM BEACH COUNTY, FL (148 SE 1ST AVE) LOTS 12 TO 14, INCL. , R.P.I. MGMT. CORP & HAMPTON $218.78 & LOT 16, CARVER SQUARE, REAL ESTATE, INC. 70.00 (ADM. COST) PB 24, P 11, PUBLIC 1300 BAXTER STREET #215 (RECORDING) RECORDS, PALM BEACH CHARLOTTE, NC 28204-3053 COUNTY, FL (SW 2ND COURT) S106' OF N216' OF LOT 8, MATTIE M.CREASMAN $ 51.16 (LESS PART IN DB 1029, RR #1, BOX 362 70.00 (ADM. COST) P 416), BLK D, SUNNY ANDREWS, NC 28901 (RECORDING) ACRES, PB 21, P 63, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1203 GERMANTOWN ROAD) -4- Res. No!l8-93 'I LOT 1, SUB. OF N 1/2 JAMES BROWN & HATTIE L.BROWN $261.92 OF SE 1/4 OF SW 1/4 / 802 S.W. 3RD STREET 70.00 (ADM. COST) UNREC. PUBLIC RECORDS-, DELRAY BEACH, FL 33444-4449 (RECORDING) PALM BEACH COUNTY, FL (802 SW 3RD STREET) LOTS 22 TO 26 INC., ALVAN E. MCFORD $209.58 BLK 15, TOWN OF DELRAY, 17831 N.W. 47TH AVENUE 70.00 (ADM. COST) PB 13, P 18, PUBLIC CAROL CITY, FL 33055-3255 (RECORDING) RECORDS, PALM BEACH COUNTY, FL . (SW 7TH AVE) S150' OF W135.5' OF MARY J. GREEN $448.50 BLK 26, TOWN OF DELRAY, C/O AMERIFIRST 70.00 (ADM. COST) PB 5, P 64, PUBLIC 17500 N.W. 68TH AVENUE #210 (RECORDING) RECORDS, PALM BEACH HIALEAH, FL 33015-4044 COUNTY, FL (415 NW 2ND STREET) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -5- Re s. No. 4a. 9 3 '. . , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tfJV1 SUBJECT: AGENDA ITEM it gN - MEETING OF JUNE 8. 1993 RESOLUTION NO. 49-93 DATE: June 4, 1993 This is a resolution assessing costs for abatement action required to remove nuisances on 16 properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 49-93 assessing costs for abating nuisances on 16 properties located within the City. '. --_._,-- ---_.~ RESOLUTION NO. 49-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commi s s ion of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), '. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That assessments in the individual am~'nj,ntsa.5 s.mown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which 18 attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general ,c.ity taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30 ) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight ( 8 ) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8\, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAY 0 R ATTEST: City Clerk - 2 - Res. No.49-93 't -. COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOTS 8 & 9, BLK 15, ALFREDA GORDON $ 58.90 TOWN OF DELRAY, PB 13, 1824 N.W. 68TH STREET 70.00 (ADM. COST) P 18, PUBLIC RECORDS, MIAMI, FL 33147 t RECORD i!:NG) PALM BEACH COUNTY, FL (SW 7TH AVENUE) LOT 22, BLK 41, TOWN OF FREDDIE & LOLA M. MONROE $184.36 DELRAY, PB 5, P 65, 601 N.W. 4TH STREET 70.00 (ADM. COS'f) PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33435-3727 (RECORDING) BEACH COUNTY, FL (NW 3RD AVENUE) LOTS 32 TO 35 INC./LESS JOSEPH & BARBARA J. IANZANO $ 23.68 W5' RD R/W, HOFMAN ADD., 1218 S.E. 15TH AVENUE 70.00 (ADM. COST) PB 5, P 3, PUBLIC DEERFIELD BEACH, FL 33441-7164 (RECORDING) RECORDS, PXLM BEACH COUNTY, FL (501 NE 6TH AVENUE) S12' OF LOT 7 & LOT 8, GEZA M. GYORKY $ 62.90 MELVIN S. BURD SUB., P.O. BOX 2554 70.00 (ADM. COST) PUBLIC RECORDS, PALM WEST PALM BEACH, FL 33402-2554 (RECORDING) BEACH COUNTY, FL (NW 5TH AVENUE) LOTS 8 & 9 (LESS RD DOLORES A. LIDDY TR. $109.86 R/W), BLK 2, SOPHIA C/O ARNOLD F. KURZINGER 70.00 (ADM. COST) FREY ADD. , PB 23, 5700 N. FEDERAL HIGHWAY #B (RECORDING) P14, PUBLIC RECORDS, BOCA RATON, FL 33487 PALM BEACH COUNTY, FL (911 N FED HWY) LOT 23, BLK 6, ATLANTIC E. & HENRY WILSON $ 58.90 GARDENS, DELRAY, PB 14, P.O. BOX 1676 70.00 (ADM. COST) P 56, PUBLIC RECORDS, DELRAY BEACH, FL 33447-1676 (RECORDING) PALM BEACH COUNTY, FL (142 SW 11TH AVENUE) -3- Res. No.49-93 '. E41' OF LOT 2, BLK 0, MADELINE S. SANTIAGO $ 43.16 RIDGEWOOD HEIGHTS, 1105 1/2 S.W. 7TH STREET 70.00 (ADM. COST) DELRAY, PB 14, P 44, DELRAY BEACH, FL 33444-2250 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (1105 SW 7TH ST) N35' OF LOT 3, BLK 0, J. & MARIA URDIALES $ 58.90 RIDGEWOOD HEIGHTS, 1107 S.W. 7TH AVENUE 70.00 (ADM. COST) DELRAY, PB 14, P 44, DELRAY BEACH, FL 33444 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (1107 SW 7TH AVE) LOTS 22 TO 26 INC., ALVAN E. MC FORD $ 74.64 BLK 15, TOWN OF DELRAY, 17831 N.W. 47TH AVENUE 70.00 (ADM. COST) PB 13, P 18, PUBLIC CAROL CITY, FL 33055-3255 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (SW 7TH AVE) LOT 13, BLK 12, DELRAY .' TANYA A. ROY A $ 75.00 SHORES 1ST ADD., PB 28, 3764 LAKE IDA ROAD 70.00 (ADM. COST) P 2, PUBLIC RECORDS, DELRAY BEACH, FL 33445 (RECORDING) PALM BEACH COUNTY, FL (2712 LAKE IDA ROAD) E37.3' OF W62.3' OF HENRY R. DAVIS $106.12 S93' OF BLK 11, TOWN 301 S.W. 8TH COURT 70.00 (ADM. COST) OF DELRAY, PB 1, P 3, DELRAY BEACH, FL 33444 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (621 NW 1ST ST) E'LY373.61' OF S'LY CRACCHIOLO GROUP & $249.60 918.97' OF TH PT OF VITO J. LUPO TRUST 70.00 (ADM. COST) E 1/2 LYG W & ADJ TO 3333 S. CONGRESS AVENUE #400 (RECORDING) CONGRESS AVE & N & DELRAY BEACH, FL 33445-7308 ADJ TO LAKE IDA RD AS IN OR 2817, P 661, SUB OF SEC. 7-46-43, PUBLIC RECORDS, PALM BEACH COUNTY, FL (N CONGRESS AVE & LAKE IDA ROAD) LOTS 14 TO 16 INC., ESTERVINA MOREDA $173.01 BLK 1, SOUTHRIDGE, P.O. BOX 1953 70.00 (ADM. COST) PB 13, P 39, PUBLIC DELRAY BEACH, FL 33447 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (REIGLE AVE) -4- Res. No49-93 '. '. LOTS 17 TO 20 INC., ESTERVINA MOREDA $218.18 BLK 1, SOUTHRIDGE, P.O. BOX 1953 70.00 (ADM. COST) PB 13, P 39, PUBLIC DELRAY BEACH, FL 33447 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (REIGLE AVE) . . LOT 21, BLK;B, TOURIST RUSSELL E. BROWN $ 70.64 NOOK, DELRAY, PB 11, .'C/O JUNE DIMON 70.00 (ADM. COST) P 47, PUBLIC RECORDS, 9720 WILLOW ROAD (RECORDING) PALM BEACH COUNTY, FL WILLIS, MI 48191-9727 (NW 8TH AVE) LOT 10, BLK 2, KENMONT, WILLIAM H. CARTWRIGHT $412.72 PB 20, P 65, PUBLIC 2529 HOPE LANE W 70.00 (ADM. COST) RECORDS, PALM BEACH WEST PALM BEACH, FL 33410-1229 (RECORDING) COUNTY, FL (710 BOND WAY) VIOLATION IS: 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -5- Res. N049-93 '. . '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 8l'1 SUBJECT: AGENDA ITEM ~ ~C) - MEETING OF JUNE 8. 1993 AWARD OF BIDS AND CONTRACTS DATE: June 4, 1993 This item is before you to approve the award of the following bids and contracts: 1. Road Construction Materials - Streets Maintenance Division - various vendors in the estimated annual amounts indicated belowi with funding from Streets Maintenance - Materials and Supplies - Road Repair (Account No. 001-3113-541-53.10) and Storm Water Utility Fund - Road Materials and Supplies/Drainage Repairs (Account No. 448-5416-538-53.20): -Hardrives of Delray $14,290 -East Coast Asphalt 12,950 -Austin Tupler Trucking, Inc. 548 -Charles Whiteside 1,200 2. Ready Mix Concrete - Streets Maintenance Division - Rinker Material Corporation in the estimated annual amount of $11,700 with funding from Streets Maintenance - Materials and Supplies - Other Road Materials (Account No. 001-3113-541-53.90) and Storm Water Utility Fund - Road Materials and Supplies/Drainage Repairs (Account No. 448-5416-538-53.20). ~ 3. Rental Rehabilitation - various vendors in the total amount ~~~~ of $141,675i with funding from CDBG Housing Rehabilitation ~C~~~'(ACCount No. 118-1975-554-34.65): q. o.~nW MJD Construction Services - 11-27 S.W. 2nd Avenue - $107,520 r~ Preston Construction - 315-317 N.W. 2nd Avenue - $34,155 ~R~~~ ,,/4. Bond Services - 1993 Water and Sewer Revenue Bond - with ~funding from Bond proceeds: ~ ~~~. -Printing - Allied Printing Inc. - $5,832 ~^~~ q,~ -Verification Agent - Causey, Demgen and Moore - $2,850 ~~ ~~ -Escrow, Paying Agent/Registrar - First Union Bank - $9,282 ~~ ~~ Recommend approval of the award of the above bids and contracts with funding as indicated. '. . . . Agenda I tern No. : AGENDA REQUEST Date: .Tlme 2. 1993 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: Tl1TIP R, 1 qcn Description of agenda item (who, what, where, how much): Bid Award - Road Construction Materials Co-op Bid 1193-29 ORDlHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: MlIl tiple awards to vendors as listed on attached memo. , Ii ~~ /' ~ Department Head Signature: Deteraination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~} NO Funding alternatives. S3 (if applicable) Account No. & Desnp.oni ~~j-;5I1~.~ -:S4r:Vi3~IO ~AltQ\~0~\ S'\J.{-P1. L:OJl\Df<t.f}:: Account Balance: , vr?> J-1 ( ,n {" , , , , g .-- s; '+1 (--~~ .<;3 - 7--CVLA \) f1 ~R\ALS t\ Sl,l(TU2: CJ. ty Manager RevJ.ew: r?")\ ~O .w <;n'!Tf' I!: 't>\?A..INA(tKcfAI~ Approved for agenda: tfSt NO ~ Hold Until: C7 U I I Agenda Coordinator Review: Received: Action: Approved/Disapproved .. ;., I . - M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ Adminstrative Services THROUGH: Ted Glas, Purchasing Officer 1Jf FROM: Jacklyn Rooney, Buyer cr DATE: June 02, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 08, 1993 - PURCHASE AWARD - CO-OP BID ROAD CONSTRUCTION MATERIALS Item Before City Commission: The City Commission is requested to award multiple annual contracts for Road Construction Materials to firms listed below, at an estimated annual cost of $28,988.00. Per the Finance Department, funding is from: ( ) . Background: The City of Delray Beach is the lead organization for this bid. Nine (9) firms submited bids on April 23, 1993, based on estimated annual quantities from seven (7) govermental entities. (Documentation on file in the Pruchasing Office.) A tabulation of bids is attached for your review. Delivered Prices:: To obtain fair pricing for each entity and their location the bid was divided into three areas for Delivered Prices only. On April 26, 1993, the Palm Beach County Cooperative Purchasing Group met and voted to recommend awards to low bidders per area. Delray recommends awards of Item's # 1 - 5 to Auston Tupler, if needed. (see attached memo dated April 27, 1992 to Co-op Membe rs) . This portion of the award is a unit price award only. Pick-up Prices: To obtain a more accurate cost for picking up road construction materials with City trucks, total cost concepts were placed in the co-op specifications. Awards are to be made individually by each participating entity based on an average co-op pick-up cost of $.84 per mile that each entity adds to the truck load price. Each entity clocks the round trip distance from their respective facility to each vendor's pick-up site. In addition to the unit price of the material, now the costs involved in picking up the material are also considered in determining the true low cost to each entity. Fo/ . . Attached for your review is a revised tabulation sheet showing Delray's cost per truck load for each vendor. Recommendations are being made to vendors with the low truckload cost. The recommended vendors for the City of Delray Beach are as follows (see attached breakdown for City of Delray Quantities): Estimated Vendor: Annual Cost: Hardives of Delray $14,290.00 East Coast Asphalt 12,950.00 Austin Tupler Trucking Inc. 548.00 Charles Whiteside 1,200.00 $28,988.00 The Superintendent of Streets, and the Deputy Director of Public Works have reviewed the bids and recommend awards as stated above. Recommendation: Staff recommends award to various vendors as outlined above. Funding as stated above. Attachments: Tabulation of Bids (Co-op) Tabulation of Bids for Delray Memo to Co-op Members dated April 27, 1993 Breakdown of Quantities for Delray Memo from Superintendent of Streets pc: William Greenwood Richard Corwin Mark Kilbourne . . MEMORANDUM l.Tf)::" tAA,4i~,,> .... ., {Piirelt..tng Officer THRU: Richard Corwin Deputy Director of Publ FROM: Mark Kilbourne Superintendent of Streets SUBJECT: AWARD OF CONTRACT BIDS DATE: May 27, 1993 My recommendations for award of contract for road construction materials are as follows: Group B - Delivered prices for non asphalt road material to Austin Tupler Trucking, Inc. based on low bid. Group A - Pick up price for asphalt road materials, items 1, 2, and 3 to East Coast Asphalt based on low bid and adjusted for mileage. Item 5 should be awarded to Hardrives as the sole bidder. (see attached tabulation sheets). Group B - Pick up prices for road materials, non-asphalt awarded to the following vendors based on an average of 6 ton loads and adjusted for mileage. (see attached tabulation sheets). Award of bid for items 1, 3, 4 and 7 to Hardrives of Delray. Award of bid for item 2 to Charles Whiteside. Award of bid for items 5 and 6 to Austin Tupler. If you have any questions, please call me at extension 7339. '._;~ ': /t/~. .'~; ///<;0 ~;k~ A.\ Ki a~~r~:'- . --. -#- . MK/lm REF: MKTGAOC.DOC Encs: 2 File: Memos to Purchasing 1 CITY OF DELRAY BEACH Estimated quantities for Road Construction Materials. Pick-up Prices - Group A: Est. Unit Extended Item Vendor Quantity Cost Cost 1 Type I East Coast Asphalt 50 tons 25.90 ton 1,295.00 Asphalt 2 Type II East Cost Asphalt 100 tons 25.90 ton 2,590.00 Asphalt 3 Type III East Cost Asphalt 350 tons 25.90 ton 9,065.00 Asphalt 5 Cold Patch Hardrives 150 tons 35.00 ton 5,250.00 Asphalt Pick-up Prices - Group B: 1 Crushed Hardrives 650 tons 10.00 ton 6,500.00 Course Limerock 2 Pit Run Charles Whiteside 300 cu.yd. 4.00 cu yd 1,200.00 Shell Rock 3 Stabilizer Hardrives 100 tons 8.00 ton 800.00 Rock 4 Drainfield Hardrives 20 tons 12.00 ton 240.00 Rock 5 Best Mason Austin Tupler 40 tons 4.20 ton 168.00 Sand 6 Clean Fill Austin Tupler 200 cu.yd. 1.90 cu yd 380.00 Dirt 7 Precast Car Hardrives 100 pieces 15.00 each 1,500.00 Bumpers Total $2B,988.00 . -. ~i I R; I; ~~ I; ei el ~~ I;. ~~ I; 8; I~ I~ I; ; ! ~ ~ ~~! P !jM ~ I ~e ~i !~ i5a ~ ~~ il ~: ~.. ~! ~i a ~ ! ~; i ~ i * a j J .. ! I"'t III * i ~ !I '-< * · :>>i 4:') tIl..."O C > > I :: I OtDO......Q"f") 5 CIIl 5 <. ... ~ CL. 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" ~ M Agenda I tem No. : AGENDA REQUEST Date: T11"<> 2. 1993 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: June 8. 1993 Description of agenda item (who, what, where, how much): Bid Award - Concrete Ready Mix - Term Contract Bid 1193-35 ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: A~~rn ~o lo~ hidder Rinker Materials Coruoration. at :m estimated annual cost of $11.700. ~ '/~L 19~/J~~ ~~/93 Department H'ead Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involvinq expenditure of funds): Funding available: ~/ NO Funding alternatives: (if a~PliCable) Account No. & Description: .kQJ -2>/1~-s.4\.~3 -'~ ktAD k '(ERIAL>; If: <"JLPPWZ>- Account Balance: ') f "232 . (p~ err/tEl<. . W .....s:..~ 10 - 5 "-3K .S3 -7-'0 ROAD), ~ . AL ~- C~ty Manager Review: '"7, ~O. '-- ., ,( 1e::T2( <:--$ Si~ ./ Approved for agenda, ~/ NO ~ I'>PM 1J1\6 t; T'E'r>All?<: Hold Until: , Agenda Coordinator Review: Received: Action: Approved/Disapproved '. " . . 4 MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ FROM: Ted Glas, Purchasing Officer if~ DATE: June 2, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 8, 1993 - BID AWARD - BID #93-35 CONCRETE READY MIX - TERM CONTRACT Item Before City Commission: The City Commission is requested to award a term contract for concrete to the low bidder, Rinker Materials Corporation, at an estimated annual cost of $11,700. Per the Finance Department, funding is from: ( ). Background: The Environmental Services Department has need for an annual contract for ready mix concrete, with funding from their operating budgets. Bids for this contract were received on May 18, 1993 from two (2) vendors, all in accordance with City purchasing procedures. (Bid 1193-35. Documentation on file in the Purchasing Office. ) A tabulation of bids is attached for your review. The Superintendent of Streets and the Deputy Director of Public Works have reviewed the bids, and recommend award to the low bidder, Rinker Materials Corporation, per attached memo. Recommendation: The Purchasing Officer concurs with the recommendation to award this contract to the low bidder, Rinker Materials Corporation, at an estimated annual cost of $11,700. Attachments: Tabulation of Bids Recommendation from Public Works c: William Greenwood Richard Corwin Mark Kilbourne 30Jv , . . MEMORANDUM :'*D"-~'~'-(' ',,- -'.:'-' ._.:>,~- ....S.. '.... ." - ,. ." .",-' , ., k'-' - d, '.., - . ,'-. ,. ~.- . , 4:. ',":~ ."..,.., "'__.: _ ,\:''''''';'',.' ,.', .-.. . '.,.i....-....'." ...... _"""'- ,~ "'.;-if..I_.-..'....!.. _. '." "::'.: . . -. . _ ~"~ _'.D.r^er' ~ THRU: Richard'::;:i:~~ Deputy Director of 'c Works FROM: Mark Kilbourne Superintendent of Streets SUBJECT: BID CONTRACT DATE: May 27, 1993 I recommend award of contract for ready mix concrete products to the low bidder; Rinker Materials Corporation. If you have any questions, please call me at extension 7339. .?tJ ~ /..~ ~/ 0 _ /1 ,-' -' ~/ It ,~<-- - ~ Mark A. Kil ou ne ~ MK/lm REF: MKTGBC.DOC Encs: 2 File: Memos to Purchasing '. . . /'V\Y 18. 1993 CITY OF DEURAY BEACH TABUALTIOH Of BIOS BID . 93-35 COHCRETE AND PEA ROCK REroY MIX - ANHUAL COH~T DELIVERED PRICES Rinker Materials Tarmac Florida, DESCRIPTIOH Corporation Inc. ITEM L 2.500 PSI 42.00 c.y. / 44.50 c.y. / REWlJlR REroY MIX 6,300.00 6,675.00 150 L Y . 2. 3.000 PSI REBJlM 43.50 c.y. / 46.00 c.y. / REroY MIX 2,175.00 2,300.00 50 LY. 3. 3.500 PSI PEA ROCK 50.00 c.y. / 54.50 c.y. / F'\..t'F' MIX 2,500.00 2,725.00 50 C.Y. 4. 1/2'" - 3/4" ASTH 57 14.50 ton / no bid * ROCK 725.00 * 50 TOH * pick-up . TOTAL BID PRICE 11,700.00_ 11,700.00 DELIVERY 48 hours after 48 hours after receipt of order receipt of order Additional delivery Additional delivery COMMENTS/EXCEPTIOHS charges - There is charges - Short load a~ additional minimum charge (less than load charge of $50.00 5 c.yds.) $50.00 for any load quantit- * Not all items bid ies less than 5 1/2 c.y. ., . Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: MAY 28, 1993 Regular Agenda Special Agenda Workshop Agenda xxx Consent Agenda When: JUNE 8, 1993 Description of item (who, what, where, how much): CASE I ADDRESS RR ANT. GRANT AMOURT 93-002RR 11-27 SW 2ND AVENUE $53,760.00 $53,760.00 93-001RR 315-317 NW 2ND STREET $16,000.00 $18,155.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT RENTAL REHABILITATION PROGRAM GRANT AWARD AND CONTRACT AWARD FROM ACCT. #118-1975-554-34.65 INVESTOR'S SHARE AND ACCOUNT #118-1975-554-49 .19 RENTAL REHABILITATION SHARE (Example: Recommend approval with funding from Special Events Account No. OOl-3333-555-4~). ~ Department Head Signature: 1~ ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding alternatives:. (if a~lic~ ' , Account No. & DesCfJP4~~n: jj~ -1l.11S -sS4. -:'SL\--(() CR . lLSJ Nq Account Balance: ~) ( . ,tt P-'E: \-tAB. city Manager Review: Approved for agenda:~/NO ttJv1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager ~ FROM: Ted Glas, Purchasing Officer ~~ DATE: June I, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 8, 1993 - BID AWARD - BID #93-31 RENTAL REHABILITATION PROGRAM Item Before City Commission: The City Commission is requested to make awards to contractors listed below, at a total cost of $141,675. Per the Finance Department, funding for the City's participation is from: ( ) . Background: The Community Development Division handles and processes their formal bids on rental rehabilitation projects, with funding from their rental rehabilitation budget. Property Contractor Amount 11-27 SW 2nd Ave MJD Construction Svc's $107,520. 315-317 NW 2nd St Preston Construction 34,155. The Community Development Coordinator and the Director of Community Improvement have reviewed the bids, and recommend awards to the above low bidders. Recommendation: The Purchasing Officer concurs with the recommendation to award to the above stated low bidders, at a total combined cost of $141,675. Attachments: Memorandum from Community Development Bid Information Sheets c: Lula Butler ~O3 '. '. M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR ~~ THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT~ DATE: MAY 28, 1993 SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD ITEM BEFORE THE COMMISSION This is to request approval of two Rental Rehabilitation Deferred Loans (eleven rental units). This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The program provides for the rehabilitation of investor owned substandard units, located within the CDBG Target Area. Contract awards are based on actual cost of the rehabilitation to an eligible structure. Owners are eligible for a dollar for dollar match of Rental Rehabilitation Funds for total cost, not to exceed $8,500 per unit. Community Development staff provides the detailed work write-ups, cost estimates for work specifications, and bid process for all eligible structures. Investors are required to escrow their share of the cost with the City prior to the issuance of the Notice to Proceed. Inspection of work will be done by the Community Improvement Department's Building and Community Development Divisions. Contracts will be executed between the building contractor and the property owner. The City remains the agent and thi s office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay requests require both contractor's and owner's signatures. Funds are disbursed on the basis of a dollar for dollar match of the owners share with the Rental Rehabilitation Funds. The owners and properties have met the eligibility requirements as specified in the Rental Rehabilitation Program description. Detailed work write-ups and individual files are available for review at the Community Development Office. RR14/PGl " . RECOMMENDATION Staff recommends the awarding of a Rental Rehabilitation Loan for the following: CONTRACTOR PROPERTY RR DEFERRED INVESTOR ADDRESS LOAN SHARE MJD CONST. SVS 11-27 S.W. 2ND AVE. $53,760.00 $53,760.00 PRESTON CONST. 315-317 N.W. 2ND ST. $16,000.00 $18,155.00 - / RR14/PG2 " . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 93-.31- APPLICANT: DR. NORRIS APPLICATION #: 93-002RR PROJECT ADDRESS: 11-27 SOUTHWEST 2ND AVENUE DATE OF BID LETTERS: MAY 5, 1993 ' . DATE OF BID OPENING: MAY 14. 19~3 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ CSB CONSTRUCTION, INC. $ DYMOND CONSTRUCTION $ GARY PURR $ 134,284.00 HENRY L. HAYWOOD $ INTERCONTINENTAL CONSTRUCTION CORP $ 120,560.00 LEADING EDGE HOMES, INC. $ MJD CONSTRUCTION SERVICES $ 107,520.00 MSL _CONSTRUCTION, INC. $ PRESTON CONSTRUCTION $ 123,000.00 RAY GRAEVE CONSFJ.1RUCFJ.'ION INC. $ IN - HOUSE ESTIMATE: $ - 125,904.00 CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCSTION SERVICES BID/CONTRAC~r. Al~OUNT: $ 107,520.00 COMMENTS: tow BIDDER BIDFORM/PGl '. '. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 93- 31 APPLICANT: MILDRED BURNS APPLICATION #: 93-001RR - PROJECT ADDRESS: 315-317 NORTHWEST 2ND STREET DATE OF BID LETTERS: MAY 5, 1993 (REBID FROM APRIL 2, 1993) DATE OF BID OPENING: MAY 14, 1993 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ CSB CONSTRUCTION, INC. $ DYMOND CONSTRUCTION $ GARY PURR $ 39,747.00 HENRY L. HAYWOOD $ INTERCONTINEN'l'AL CONSTRUCTION CORP $ 42,360.00 LEADING EDGe HOMES, INC. $ MJD CONSTRUCTION SERVICES $ 43,735.00 MSL CONSTRUCTION, INC. $ PRESTON CONSTRUCTION $ 34,155.00 - RAY GRAEVE CONSTRUCTION INC. $ IN - HOUSE ES1rIMATE: $ 37,030.00 CONTRACTOR AWARDED CONTRACT: PRESTON CONSTRUCTION . BID/CONTRACT AMOUNT: $ 34,155.00 COMMENTS: LOW BIDDER -- BIDFORM!PGl " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 8fv1 SUBJECT: AGENDA ITEM i Eot/- - MEETING OF JUNE 8. 1993 APPROVAL OF SERVICES/1993 WATER AND SEWER BOND ISSUE DATE: June 4, 1993 This item is before you to approve the selection of the printer, verification agent, escrow paying agent and registrar for the 1993 Water and Sewer Revenue Bond issue. Requests for proposals to serve as paying agent/registrar, escrow agent, printer and verification agent for this bond issue were sent to several banks, financial printers and accounting firms. After receiving the bids, Public Financial Management (PFM) analyzed each in terms of cost and experience. Based on experience, reputation and low bid, PFM recommends that Allied Printing, Inc. be selected as the printer at a cost of $5,832 and that Causey, Demgen and Moore, be selected as the verification agent at a cost of $2,850. The low bidder for escrow, paying agent and registrar services was First Union Bank at a cost of $9,282. Based on past good experience with NationsBank, staff recommends that the second low bidder ($11,803), NationsBank, be selected. However, I do not consider that sufficient reason for rejecting the low bid. Recommend the selection of Allied Printing, Inc. as the printer, Causey, Demgen and Moore as the verification agent and First Union as the escrow, paying agent and registrar for the 1993 Water and Sewer Revenue Bond Issue. " -. . e(!~ ~}0tf 1* aNI' '-.xetitr - ~..-- Agenda Item No. : AGENDA REQUEST Date: June 8, 1993 Request to be placed on:' X Regular ~genda Special Agenda Workshop Agenda ; 1 When: f Description of agenda item (who, what, where, how much): Approval of: (1) Allied Printing, Inc. to serve as printer (2) Causey Demgen and Moore to serve as Verification Agent 3 NationsBank to serve as Escrow Paying Agent and Registrar on t e propose ater an ewer ssue ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval of the above. r' <- Department Head Signature: Determination of Consistency wi 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: I I' Approved for agenda: YES/ NO Hold Until: ... Agenda Coordinator Review: Received: Action: Approved/Disapproved . . . MEMORANDUM TO: David T. Harden city Manager FROM: Joseph M. Director of SUBJECT: Recommendation for Bond Services for the Proposed Water and Sewer Issue DATE: May 24, 1993 Attached is a recommendation from Public Financial Management, Inc. (PFM) to award Allied Printing, Inc. , the low bidder, to serve as printer and Causey Demgen and Moore, the low bidder, to serve as Verification Agent for the 1993 Water and Sewer refunding. We concur with their recommendation. Also, attached is a tabulation of bids for escrow, paying agent and registrar services. I would like to recommend the second low bidder, NationsBank. NationsBank currently provides these services to the City on previous refunding bond issues. We have been pleased with their service and would like to continue this relationship with the proposed bond issue. JMS/rso/slh Attachments cc: Rebecca S. O'Connor, Treasurer " . '. . ~ PuBUC FlNANCIALMANAGEMENf, INc. Financial and Investment Advisors 5900 Enterprise Parkway Fort Myers. FL 33905 813-693-7117 (Fax) 813-693-6384 May 20, 1993 MEMORANDUM To: Becky O'Connor City of Delray Beach From: Stacey Donnelly Public Financial Management, Inc. Re: City of Delray Beach Support Services Requests for proposals to serve as paying agent/registrar, escrow agent, printer and verification agent for the above mentioned bond issue were sent to several banks, financial printers and accounting firms. After receiving the bids, PFM analyzed each in terms of cost and experience. Attached is a chart detailing the firms and the bids that were submitted. The total cost bid by each company is shown below. The total cost represents the present value cost to the City over the life of the issue. Of the firms contacted regarding paying agent/registrar and escrow agent, six financial institutions responded. The present value cost to the City for each firm is provided below. FIRM TOT AL OF BIDS Barnett Bank $14,512 Comerica $17,537 First Union $9,282 NationsBank $11 ,803 Sun Bank $16,637 U.S. Trust $16,137 I' Atlanta Boston Denver Fort Myers Harrisburg Memphis New York Orlando Philadelphia Portland San Francisro @ An Affiliate of Marine Midland Bank, NA '. Of the fIrms contacted in regards to financial printing, three responded. Based on experience with the firm and the lowest bid, PFM recommends that the City select Allied Printing, Inc.. FIRM TOTAL OF BIDS Allied $5,832 Bowne $8,310 Evaco $11,729 Five accounting firms responded to the RFP to serve as verification agent Based on national reputation and the lowest bid, PFM recommends that the City select Causey, Demgen and Moore. The bids were as follows: FIRM TOTAL OF BIDS Causey, Demgen and Moore $2,850 Coopers and Lybrand $4,800 Deloitte & Touche $3,000 Ernst & Young $4,000 KPMG Peat Marwick $3,500 Please contact me at your earliest convenience to discuss these proposals and PFM's recommendations. /' . 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {rLJt'l SUBJECT: AGENDA ITEM i q A - MEETING OF JUNE 8. 1993 RESOLUTION NO. 52-93 DATE: June 4, 1993 This is a resolution authorizing the acquistion of certain real property by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain. The property to be acquired is located within Block 60, Town of Delray. A location map is attached as backup material for this item. Recommend approval of Resolution No. 52-93. . ~ . . . . - RESOLUTION NO. 52-93 A RESOLUTION-OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. I WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City Commission of the City of Delray Beach, Florida, created the Delray Beach Community Redevelopment Agency; and WHEREAS, pursuant to Section 163.370(1) (e) (2), Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the community redevelopment area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has been requested by Resolution No. 93-11 adopted by the Delray Beach Community Redevelopment Agency to authorize the acquisition in fee simple by gift, purchase or eminent domain, of certain property described therein; and WHEREAS, Section 163.370(1) (e) (2), Florida Statutes, further provides that a community redevelopment agency may not exercise any power of eminent domain unless the exercise has been specifically approved by the governing body of the municipality which established the agency; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The Delray Beach Community Redevelopment Agency is hereby authorized to acquire fee simple title by gift, purchase or eminent domain that certain property more specifically legally described as follows: '. . - - . -."... Y'" ,..._.. --- Parcel A The South 25.3 feet of Lot 4 and the North 24.7 feet of Lot 5, Block 60, Town of Delray, Florida, according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, said lands situate within the City of Delray Beach, Palm Beach County, Florida. Parcel B Lot 3 and the North 49.4 feet of Lot 4, Lot 9 and the North 49.4 feet of Lot 10, Block 60, Town of Delray, Florida, according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, said lands situate within the City of Delray Beach, Palm Beach County, Florida. Parcel C Lot 2, Block 60, Town of Delray, Florida, according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, said lands situate within the City of Delray Beach, Palm Beach County, Florida. Parcel D Lot 1, Block 60, Town of Delray, Florida, according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, said lands situate within the City of Delray Beach, Palm Beach County, Florida. Section 2. That this Resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 8th day of June, 1993. ~~ ATTEST: " MAY.!f/R Ll tLMr> flJ!!: jM~ !Io7ir CJ.ty erk - 2 - Res. No. 52-93 .. ,;.', - Property Acquisition Map Block #60 Redevelopment _.~ I .~ L._ NW I" Street _..~ ,.- o . ~ ~ = c ~ ~ ~ ~ -<( c.WIaa Hatcher < 11 . '-SIO SF : g ;z EvoI'JRO Roally .' .. ----1 ~ : . '-SIO SF' I CI) Evcrl"fll Roally . "~~.~L.. J ~~~I:-T.~:cl L _;. . i "'U J=-:J . Atlantic Avenue ~'.I I -, I ~ Proposed Acquisitions (]) North 6.23- " ." . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tf;!J SUBJECT: AGENDA ITEM :It CfB - MEETING OF JUNE 8, 1993 RESOLUTION NO. 50-93 DATE: June 4, 1993 This is a resolution authorizing the issuance of not exceeding $30,000,000 Water and Sewer Refunding Revenue Bonds, for the purpose of refunding a portion of the 1988 Water and Sewer Refunding Revenue Bonds and 1991A Water and Sewer Revenue Bonds. Recommend approval of Resolution No. 50-93. , , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER flJ/1 SUBJECT: AGENDA ITEM i Cj(!, - MEETING OF JUNE 8. 1993 RESOLUTION NO. 51-93 DATE: June 4, 1993 This is a resolution authorizing a second series of 1993 Water and Sewer Revenue Bonds, in the aggregate initial principal amount not exceeding $10,000,000 for the purpose of financing the costs of certain additions, extensions and improvements to the City's combined public utility. Recommend approval of Resolution No. 51-93. , , . . " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {-1-i ( SUBJECT: AGENDA ITEM # qD - MEETING OF JUNE 8. 1993 RESOLUTION NO. 55-93 DATE: June 4, 1993 This is a resolution from the Community Redevelopment Agency requesting that the City Commission authorize the CRA to submit a grant application for State Historic Preservation funding in the amount of $242,800 for the purpose of relocating a residental structure from the Hillcrest neighborhood in West Palm Beach to Delray Beach. The relocated structure would be used as a State office for the Historic Palm Beach County Preservation Board, as well as for other activities. The CRA is also requesting that the City provide the moving costs up to a maximum of $50,000 for such historic structure and to provide a site for the structure. As proposed the $50,000 would be reimbursed by the CRA should the CRA Plan be amended to authorize the expenditure of funds for this project. Recommend approval of Resolution No. 55-93, subject to the modification of language in Paragraph 1.B. to-clearly states that the City will be reimbursed for the moving expenses. . . ., " . ,---_. . -- ..----- .._h.__ ------------ RESOLUTION NO. 55-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH TO MAKE APPLICATION FOR AND ACCEPT AS AGENT FOR THE CITY OF DELRAY BEACH THAT CERTAIN STATE HISTORIC PRESERVATION GRANT FOR THE PROJECT KNOWN AS THE FLORIDA ATLANTIC UNIVERSITY COMPLEX IN THE AMOUNT OF $242,800.00 WHICH GRANT WILL PROVIDE FOR THE RELOCATION OF ONE OR MORE HISTORIC RESIDENTIAL STRUCTURES FROM THE HILLCREST NEIGHBORHOOD IN WEST PALM BEACH, FLORIDA, TO A SITE WITHIN DELRAY BEACH, RENOVATION OF SAME, AND ULTIMATE UTILIZATION FOR AMONG OTHER PURPOSES A STATE OFFICE FOR THE HISTORIC PALM BEACH COUNTY PRESERVATION . BOARD; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Community Redevelopment Agency of the City of I Delray Beach ("CRA") , pursuant to its Resolution No. 93-14, has requested the City Commission of the City of Delray Beach to authorize the CRA to make application for and accept as Agent for the City of Delray Beach that certain State Historic Preservation Grant (the "Grant" ) for the project known as the Florida Atlantic University Complex in the amount of Two Hundred Forty-Two Thous~nd Eight Hundred Dollars ($242,800.00) which such Grant would provide for the relocation of one or more historic residential structures from the Hillcrest neighborhood in West Palm Beach, Florida, to a site within Delray Beach, Florida, the renovation of same and the ultimate utilization for among other purposes a State office for the Historic Palm Beach County Preservation Board; and WHEREAS, the City Commission of the City of Delray Beach recognizes that the CRA currently does not have a provision in its Community Redevelopment Plan for it to directly apply for and accept said Grant on its own behalf and that the CRA has indicated its intention to commence the processing of an Amendment to its Community Redevelopment Plan to incorporate a Historic Preservation component whereby it would in the future be able to apply for and receive such Grants on its own behalf; and WHEREAS, the CRA has indicated its desire to administer as the agent of the City of Delray Beach the subject State Historic Preservation Grant for the project known as the Florida Atlantic University Complex pursuant to an Interlocal Agreement to be negotiated between the City of Delray Beach and the CRA; and '. .,., '. ...-,..- --. -.....-.. ---.--..-..-----.......- WHEREAS, the Grant, if awarded, would require the City of Delray Beach to .fund the moving expenses for such historic structure(s) up to a maximum cost of Seventy Thousand Dollars ($70,000.00) to Lot(s) within the City of Delray Beach, owned by the City of Delray Beach, or alternatively to authorize the CRA to provide Lot(s) owned by it for such purpose to relocate such historic structure(s) to CRA-owned Lot(S)i and WHEREAS, the City Commission of the City of Delray Beach hereby indicates its intention, as a part of said Grant application, to enter into a Lease for the subject historic structure and Lot to which it is relocated with the Historic Palm Beach County Preservation Board of the Department of the State of Florida upon terms to be negotiated between the parties with the underlying premise that the rent would be One Dollar ($1.00) per year for a minimum of ten (10) years and the tenant would be fully responsible for all maintenance and repairs to the structure and grounds and to carryall such insurance on the subject property and structure as the City of Delray Beach would reasonably require. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That the City of Delray Beach, Florida, hereby: . (a) Authorizes the CRA to apply for, receive the award of I and administer the Florida Atlantic University Complex I Grant from the State of Florida as the Agent for the I City of Delray Beach, Florida, in the amount of Two i Hundred Forty-Two Thousand Eight Hundred Dollars I ($242,800.00) i I (b) Agrees to provide funding for the moving expenses of up I to a maximum cost of Seventy Thousand Dollars ($70,000.00) for historic structure(s) from the Hillcrest neighborhood in the City of West Palm Beach, Florida, to Lot(s) within the City of Delray Beach or to Lot(s) owned by the CRA within the City of Delray Beach. The CRA will amend their Redevelopment Plan to authorize the foregoing. Section 2. That the City Manager is hereby authorized to negotiate the terms of an Interlocal Agreement with the CRA to provide for the CRA's participation in this - project as the Agent of the City of Delray Beach. - 2 - Res. No. 55-93 l' "I I . . .~_.._- --'- -. .-. - - -- - - .-- - .~- - -- 1 --- f Section 3. That the City of Delray Beach hereby requests the Community Redevelopment Agency of the City of Delray Beach to prepare an Amendment to its Community Redevelopment Plan to provide a Historic Preservation Grant Project to allow the CRA to fully participate in this Grant, to provide Lot(s) owned by the CRA for the relocation of such historic structure(s) and to provide for reimbursement to the City of Fifty Thousand Dollars ($50,000.00) of the mov~ng expenses incurred pursuant to such Grant. Section 4. That this Resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 8th day of June, 1993. ~~ ATTEST: I () PI Mn 'il)}!', JUIjJ Jla-mr Cl.ty Cl rk j I I I I j I - 3 - Res. No. 55-93 ., .',-, . , . , NoW: tll .... 11 , r . .... . EL PRADO HOUSE .' I I . ~I .- " -- 4.lt' --l " ~. ~.aj I I AO.-..' j . I "Z. . L_ a I is' __---.J -- I~;-: - - ., " , . . ...W; 1. -- " r HILLCREST HOUSE . I I~! -- -- -- -- ~ :::J I ~ I ~ ~ . I": - ;t I I "" --~ .,: -- -- - ., " , . ~I u -I, u m~ ~ -u C . n 11 J ~ Z NeW. 1st Avenue : . . . . iQ . . if: . . ~ ~ T" . . I' :0 & L.. Sw"n"lton 'Avenue ~I ill ., " , " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ffM I SUBJECT: AGENDA ITEM # '1~ - MEETING OF JUNE 8. 1993 MARKETING AGREEMENT WITH LIDDUN INTERNATIONAL. INC. DATE: June 4, 1993 This item is before you to approve an agreement with Liddun International, Inc. for the marketing of the Tennis Stadium. The terms of the agreement are for two years with renewal, conditioned upon Commission approval, for three additional one year periods. As compensation for marketing, Liddun will receive 20% of rental fees received by the City for the use of the premises for an event arranged through Liddun. Rental fees do not include concession fees and the City will retain sole discretion as to whether or not to allow the use of the Stadium by potential lessees. The agreement also provides Liddun with exclusive rights to market the Stadium for professional tennis events i however. the City retains the right to market the stadium for other events. including amateur tennis tournaments and other sporting and non-sporting events. Recommend approval of the marketing agreement with Liddun International. Inc. . . . ",-1 I, I [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wr~t_r'. D~r_at L~n_ (407) 243-7090 MEMORANDUM Date: June 1, 1993 To: City Commission From: David N. Tolces, Assistant City Attorn~ Subject: Marketing Agreement Between the City and Liddun International The attached agreement between the City and Liddun International is before you for your approval. This agreement arises out of the Virginia Slims License Agreement in which the City granted Liddun the right to market the tennis stadium for professional tennis tournaments. Under the Marketing Agreement, Liddun International will have the exclusive right to market the City's Municipal Tennis Center for professional tennis tournaments. Liddun will also have a non-exclusive right to market the stadium for other events. The City will be able to contract with other companies who wish to market the stadium for events other than professional tennis. This agreement provides for Liddun to receive 20 percent of the rental fees the City collects as a result of an event which Liddun arranged. The City will retain all income obtained from concessions. The City is responsible for drafting the contracts or leases with the parties Liddun brings to the City. Under this agreement, the City retains all final approval rights for any event held at the Municipal Tennis Center. The agreement is for a two-year period with a yearly option to renew. Within 60 days of the anniversary date of the agreement, either party may give notice of its intent to terminate the agreement. The Marketing Agreement will allow the City to negotiate the terms under which a party may use the facilities, and also give the City the flexibility to arrange its own events at the tennis center. If you have any questions, please call. DNT: sh Attachment cc: David Harden, City Manager Joseph Weldon, Director of Parks and Recreation Cheryl Leverett, Executive Assistant liddun. dnt '. j;..' . [IT' DF DELIA' BEA[H 100 N.W.lst AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Liddun International Marketing Agreement DATE: June 3, 1993 Attached please find a marketing agreement between the City of Delray Beach and Liddun International, Inc. As you are aware, I have had meetings with the City Attorney and Liddun as well as yourself concerning this agreement. The agreement specifies that Liddun has the exclusive right to market the tennis stadium for professional tennis tournaments in keeping with the language of the original agreement on Virginia Slims. Additionally, Liddun has the non-exclusive right to market the tennis stadium for other events. This allows us the opportunity to deal with other promoters to bring in other non-tennis events to the tennis stadium. Please place this on the City Commission agenda for their consideration. ~ Parks and Recreation Attachment JW:cp Ref:lidduna2 THE EFFORT ALWAYS MATTERS . '. AGREEMENT THIS AGREEMENT made and entered into this _ day of May, 1993 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as City) and LIDDUN INTERNATIONAL, INC. , a Delaware corporation, qualified to do business in the State of Florida, (hereinafter referred to as Liddun). .I WIT N E SSE T H: WHEREAS, City and Liddun entered into an agreement dated June 5, 1992, for Liddun's use of the newly constructed Delray Beach Municipal Tennis Center ("Stadium") for the Virginia Slims of Florida Tournament; and WHEREAS, pursuant to the Agreement, the City may not make ~- the facilities available for any other professional tennis tournament between December 1st and July 1st without Liddun's consent; and WHEREAS, City desires to have Liddun market the Stadium for professional tennis during the year when the Stadium is not being used for the Virginia Slims Tournament. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: l. Term. This Agreement shall be for the term of two ( 2 ) year from the date written above. ., 2. Option to Renew. Liddun may, by giving written notice to the City, at least sixty (60) days prior to the end of the current term, and with the City's approval, renew the Agreement for additional one-year periods. In the event that the parties are unable to agree on the terms and conditions of any renewal prior to the expiration of the then current term, this Agreement shall be of no further force and,effect, except for paYment by the City of compensation due Liddun for events booked prior to termination but held within one year from termination of the Agreement. 3. Exclusive Rights. The City hereby grants to Liddun the exclusive right to market the Stadium for professional tennis events pursuant to Liddun's rights as stated in the June 5, 1993 Agreement. City agrees to refer all parties inquiring about the use of the Stadium for professional tennis to Liddun. ~ The City also grants to Liddun the nonexclusive right to market the stadium for other events subject to Section 8 of this agreement. The City shall also retain the right to market the facility for amateur tennis tournaments and other sporting and non-sporting events. 4. Use of Best Efforts. Liddun agrees to use its best efforts to market the availability of the Stadium for profes- sional tennis and other sporting events, utilizing the personnel of its office in Fort Lauderdale, Florida for such effort. Liddun will provide a report once each quarter detailing its contacts with potential Stadium users. 2 ., . 5. Types of Events. Both parties agree that Liddun's efforts should be directed towards events which will bring revenue to the City; provided however, that Liddun will also bring to the attention of the City events which may not bring revenue but which would bring publicity to the City. 6. Expenses. Liddun shall be responsible for all expenses involved in the performance of its duties pursuant to this Agreement. 7. Fees. Liddun shall receive as compensation for services rendered pursuant to this Agreement an amount equal to twenty percent (20%) of rental fees received by the City for the use of the premises for an event arranged through Liddun. Rental fees do not include concession fees. Compensation shall be paid to Liddun within five ( 5 ) days of the receipt by the City of such rentals or license fees. ~ 8. Ci ty Approval of Events. City shall, at all times, retain sole and complete discretion concerning approval or denial of use of the stadium for events covered by this Agreement. Liddun will use its best efforts to identify and contact potential stadium users, will discuss such use and the compensation involved with both the user and the City, and will 1='ecommend to the City either approval or denial of such use based on those discussions. The City, with such further advice from Liddun as it shall request, will then conduct final negotiations with potential users, including the drafting and execution of appropriate written agreements for such use. Such agreements may contain all provisions required by the City. 3 '. " 9. Independent Contractor Status. Liddun and its employees, volunteers and agents shall be and remain indepen- dent contractors and not agents or employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. lOa Cancellation. Either party may, within sixty (60) days prior to the anniversary date of this Agreement, give notice of its intention to terminate the Agreement. ll. Compliance with Laws. Liddun shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Delray Beach and of any other public authority which may be ~ applicable to the use of the Stadium by Liddun. Liddun shall obtain at its expense any and all required permits and licenses including an occupational license if required. The parties agree that there shall be no segregation or discrimination practiced at the Stadium because of age, race, sex, color or creed, disability or handicap against any patron, visitor, attendee or customer. l2. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the 4 ., ,. Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 13. Entire Agreement. This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election by the same shall continue and remain in full force and effect. 14. Notices. Any notice require under this Agreement ~ shall be sent via U.S. Mail, return receipt requested, to: Liddun International: George Liddy, President 2929 East Commercial Blvd. Ft. Lauderdale, FL 33308 City of Delray Beach: Joseph Weldon 50 N.W. lst Avenue Delray Beach, Florida 33444 15. Severability. Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. 5 '. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year above first written. WITNESS: LIDDUN INTERNATIONAL, INC. By: George Liddy, President (print or type name) (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1993 by George Liddy of Liddun - International, Inc. , a Delaware Corporation, on behalf of the corporation. He is personally know to me/or has produced (type of identification) as identification and did (did not) take an oath. ~ Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public CITY OF DELRAY BEACH, FLORIDA ATTEST: ' By: Thomas Lynch, Mayor Alison MacGregor Harty City Clerk Approved as to Form and Legal Sufficiency: City Attorney liddun. agt 6 " 01/ iJli.,/ [IT' DF DELIA' BEA[H 100 NW, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 8, 1993 ATLANTIC COMMUNITY HIGH SCHOOL - OVERCROWDING DATE: June 2, 1993 ACTION City Commission is requested to support the Atlantic High School Parent Advisory Council in its request to the School Board to reduce the anticipated overcrowding next school year through boundary changes. BACKGROUND Official planning data obtained from the School Board planning staff indicates that the population of Atlantic High School will exceed design population by approximately 300 students. Based on parent estimates, this figure may be higher. The Parent Advisory Council has requested that the School Board revise school boundaries next year to alleviate this problem. A detailed staff report to the Education Board with statistical data is attached. The Education Board will review this request at its regular meeting on June 7th. A recommendation will be provided to Commission at your meeting. RECOMMENDATION Consider the request from the Atlantic High School Parent Advisory Council and forward a recommendation to the School Board. RAB:kwg Attachments THE EFFORT ALWAYS MATTERS qF " . . [ITY OF DELIAY BEA[H ~ Ill) NW 1>,~ A VfcNUE . ")', L,Rf, Y BE,L\CH, r l.()R I lV>, 33444 . 407/243 lOD,' MEMORANDUM TO: Education Board Members FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM - EDUCATION BOARD MEETING 6/7/93 ISSUES - ATLANTIC HIGH SCHOOL - OVERCROWDING DATE: June 1, 1993 ACTION The Board is requested to review parental concerns regarding overcrowding at Atlantic High School and other issues, i. e. , grounds maintenance and forwarding a recommendation for action to City Commission. BACKGROUND At the last Board meeting a copy of a letter from the Atlantic Community High School Parent Advisory Council to the School Board, regarding overcrowding, was reviewed by the Board. It appears that the Board was being requested to support the Council in its request to relieve overcrowding at the high school through boundary changes. The Board felt that they did not have enough time to review this letter, nor did they feel that they had enough information. Staff was directed to invite Ms. Shetler and Ms. Romano to the Board's 6/7 meeting to discuss this item. In addition, the Board requested statistical data concerning design, population, projected population, and racial mix at other area high schools. This data is provided as back-up. Also attached is a copy of a letter from Meisner Electric concerning the overcrowding and maintenance conditions at Atlantic High School. In reviewing this request the following points need to be considered: . Classroom size at Atlantic is smaller than recently built high schools. . Corridor size is smaller than newer schools. . Space for portables is limited. . Restroom and cafeteria space is limited. . What is the estimated racial mix of the anticipated j,J1cre2is(o in population and how will it affect the school? . Cafeteria space is 1/2 size per state regulations. " Agenda Item Ed. Brd. Mtg. 6/7/93 Page 2 A boundary change would most likely affect students living east of 1-95 and south of SW 10th. Funding for school grounds maintenance, security, and support staff. RECOMMENDATION The Education Board is requested to review all information and forward a recommendation to City Commission. RAB:kwg Attachments , " . pA1ti.~r ADVISORY COUNCIL 'ATLANTIC COMMUNITY HiGH SCHOOL 2501 SeacreAt Blvd. Delray Beach, FL J]44ft 1-1 Cl Y I. 2, i 9 9 J - Dr. C. Monica Uhlhorn Superintend~nt of Schools The School Board of Palm Beach County, Florida 3340 Forest Hill Boulevard, Suite C-320 West Palm Beach, FL 33406-5869 Dear Superintendent Uhlhorn: The Parent Advisory Council at Atlantic Community High School is writing thts letter to address a majo~ concern that will be forthcoming at Atlantic High next school year. The ~ollowing concern is an "immediatett issue \.;hic:h will have to be handled promptly: OVERCROWDING. The overcrowding situation will not be tolerated by the parents of AtlantiC Community High School. The parents will be re.questing to speak at the n€xt scheduled Board Meeting on May 19, 1993. the overcrowding is due to a lack of action on the district's pOBition on school boundaries for the upcoming school year. Atlantic's actual dimensions can only approximately house 1,751 student~ and - .. the projected enrollment for next school year is expected to be 2,300 plus. / This will create a potentially volatile situation on campus. Please advise us on how you plan to resolve this desperate lack of space 2nd housing for the increased enrollment. Please answer the following questions specifically: 1. Will you provide more restrooms and remodel current inferior restroorn,facilities? 2. How do you plan to feed thi~ number of students with our present cafeteria facility which is alr~ady too small? 3. How will Rtudents navigate safely between classes? 4. What are your plans to provide more administrators/support staff, guidance counselors and school resource officers for this increase in student population. 5. How many additional portable classrooms will be provided and where will they be located? The Parent Advisory Council would like you to guarantee that 811 Firf', SEfety and Health codes will be met and enforced. We need your immediate resron~~ to all of the above mentioned areas. We are proud of Atlantic Conununity High School's academiC' excellellce IJnd community out-reach. He are understanding of your dilemma in placiD/.:, tilt'" increased student population; however, it appears that the opt ion of cund;l[ \ changes must be implemented at this time to eliminate the forthcorn1n~ ~mcr~~nrv situation of overcrowding at Atlantic Community High School. Plea;;c t'!:;pnl d within the next ten working da.ys (Ma.y 26) by contacting Delima l\(ll1~;'llr,' ~.c:: 1'.' member of Parent Advisory, 9060 Pine Springs Drive, Boc'3 RaU,,,. rl. '. (407) 852-0239 or Caryl Rohol, 2399 N.H. Timber Cr(>(>k Ci,-(j" 33431, (407) 483-4299. Thanking you ill advance. f", "",c> ~ncere~. ~ " 'n 'OA~ D~ Ii [",l! par~"i~'~_UC l 1U\. j)l Atlantic Community H gh Schcoi ' . M9i '.);-1 ! (i , :") 220 n.e 1 st street, delray beach, fl. 33444-3710 , The School Goard of Palm Beach County, Florida 33LIO FOt-est Hill Blvd. , Suite C-320 \'ic'st Palm Beach, FL 33406-5869 Attention: Dr. C. ~1onica Uhlhorn Superintendent of Schools Re: AtlA.nt i c Hir:;h School - OvercrO\oJding Dr. Uhlhon1.: The parents of Atlantic High School students and members of the Delray Beach business commilllity are extremely concerned with the overcrowded conditions at " our" school. Those of us who strive to make Delray Beach a better place for our children to live and learn have watched the physical plant deteriorate steadily over the last fe\oJ years. The rest rooms are extremely pathetic, unsani tary and \oJould not pass an fillS inspection. The cafeteria is dirty and unable to feed the present number of students in the time allotted. The grass is seldom mowed (where it exists) and the general flhysical condition is at best deficient. Having constnlcted a number of schools for Palm Beach and Broward County School Districts, I have personally witnessed a tremendous disparity in facilities and personnel, \oJi th those at our school. Atlantic High School has suffered while new facili ties \.Jest of 1-95 are constructed with no expense spared. Atlantic has a maximum student capacity of 1,750 people, and vet current enrollment for next year is projected to be 2,300 students. The ne,,' facilities recently constructed en JOY a state of the art campus \vi th optim1.JlTI enrollment. Any increase in the student population will compound an already volatile situation. The school cannot handle it! Palm Beach County Schools inspect and maintain their own campuses. Atlantic has been the "red headed step-child" of the school board for too many years. It is time to end the di spari ty with the expenditure of our tax dollars. 1110se of us 1n the Delray Beach community \.Jho support our school both professionally, personally, and financially demand equitable treatment of our chi 1 dren. Your immediate attention to this presslng problem 1S requested. Si~ b ()~ Tim D. Onnen Pn'sident TO/kg cc: IX'])':)\' Feil ';--hZ-:iil1-,,(::,}- \ ~: ': " " '. ... 0) 0'1 0 "'" 0 eo 0 eo 1.0 0 0'1 eo ctl rl 1.0 eo M N 0. N N rl rl N tJ) ctl ..-1 l-l ~ 0) 01 0 U"l 0 N eo +J '.-1 . N r- eo rl eo 0) tJ) 0'1 0'1 0'1 N "'" \H 0) 0 rl rl rl N N ctl OP-< -+c 0 ... 0) N r- r- 0 rl r- ..-1 0'1 U"l eo M "'" tJ) 0'1 U"l r- M rl .:x: ~ N rl rl N 6 +J 8 0 s:: .:x: 0 0) 0 ol-l 6 ~ U"ltJ) +J ZO eotJ) l-l 00 +.J rll'O ctl H::r: ..-1 0'1 r- eo 0 0'1 ..-i 0. 8U l-l rl rl 0'1 r- U"l '00 0) .:x:cn 0 . . . . ..-i 0 ~ ~ N N 0 M r- o l-l :J::r: ..-1 "'" "'" C"") N rl ..c:0) 01 P-<C,? 01(> ::8 ..-i ~ OH :>'..-i ..-1 P-<::r: ..-ictl s:: ..0 6 s:: 8.:x: :>. ctl tJ) ctl Z~ +.J +J ..-i ~o:: ..-1 l-l ... P-< o.:x: l-l o tJ) :J 0 \H ..-i '0 8 s:: rl C"") N rl 6 0 l-l Cfl '.-1 eo eo 0 M "'" o 0 ctl :2: . . . . . o..c: 0 r- r- 0'1 1.0 N 0 ct:l s:: U"l U"l \0 r- eo s:: tJ) 0 ctl ..-i dPZ o l-l 0 0) 0 ..-i..c: ..c: ctl+J 0 0.0 Cfl -.-I o ~ 6 ~ l'O 0 -.-I..c: l-l l-l+J 4-1 tJ) P-< +J tJ) '0 ..c: l-l O..-i 0) 01 0) +J..-i s:: ..-1 > ctl ..-1 tJ) s:: 0) ..-1 01..c: tJ) l'O 0) 0 ::r: 0:: s:: 6 +J 0 0 +J ..-1 l-l 0, ..0 ..-1 ~ l'O 0 ..c: '00)0 0 +.J ..-i 0:: ..-1 tJ) l-l ..-i l-l s:: l'O 0- ..-1 0..-i+J l'O l'O +J l'O 6 s:: o l'O tJ) +J ..-i ~ 0 :>. ctl 060) ctl +.J l'O 0 ..-i 0. .:x:CflO:: 0 .:x: U) ct:l 0 Cfl -+c <, LEP POPULATION HIGH SCHOOL ESOL CENTERS 1992-93 ATLANTIC 285 -==~:- BOCA RATON 338 FOREST HILL 280 GLADES CENTRAL 210 LAKE WORTH 350 PALM BEACH GARDENS 315 SANTALUCES 410 JOHN I. LEONARD 1993-94 " , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM it qG - MEETING OF JUNE 8, 1993 SERVICE AUTHORIZATION NO. 6/HELLER, WEAVER AND CATO DATE: June 4, 1993 This item is before you to consider a service authorization in the amount of $13,700 with a contingency not to exceed $5,000 to the contract with Hellerl Weaver and Cato for surveying services for the S.W. 10th Street right-of-way corridor, between S.W. 4th Avenue and Miami Boulevard. This work was not included in the original surveying work for S.W. 10th Street as staff felt there was no clear direction as to how much of the road would be reconstructed. Performing a topographic survey along the entire S.W. 10th Street corridor would have been a waste of money as it has been determined that only certain portions of the road will be reconstructed. Recommend approval of Service Authorization No. 6 in the amount of $13,7001 plus a contingency not to exceed $5,000 to the contract with Heller, Weaver and Catoj with funding from General Construction Fund - S.W. 10th Street (Account No. 334-3162-541-61.90). , Agenda Item No.: AGENDA REOUEST Date: June 2, 1993 Request to be placed on: ---1L Regular Agenda _____ Special Agenda _____ Workshop Agenda When: June 8, 1993 Description of item (who, what, where, how much): Staff reauests approval of Service Authorization Number 6 to Heller. Weaver & Cato for surveyina services of the S.W. 10th street riaht-of-way corridor between S.W. 4th Ayenue and Miami Blvd. which includes topoaraphic and location information reauired for roadway desian. computer meraina of completed surveys into 1" = 20' scale format for enaineerina desian. Pro;ect No. 91-068 Contract Amount: 513.700 topoaraphic & location survey. 5 5.000.00 additional unforeseen survey work as reauired on a time and materials basis no-to-exceed. Fundina Source: i2T 3166 541 53.10 334-31~a--S41.~-'10 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Staff recommends approval of the service authorization to Cato in the amount of 518.700 for surveyina services of the n S.W. 4th Avenue and Miami Blvd. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~ired on all items involving expenditure of funds): Funding available: YE /NO Funding alternatives (;fverPlicab~1l Account Nn. & D~I~'-~~-~/kit! 'JO~6. Account Balance v.) 'ff2., { ./ . _ ":, ~. ~UtNC[;; City Manager Review: r9 fJH Approved for agenda: YE 'lNO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved RH168601.MRM " . \ MEMORANDUM TO: David T. Harden City Manager ~~ THRU: William H. Greenwood ~~~ Director of Environmental Services FROM: Ralph E. Hayden, PE ~ City Engineer SUBJ: Topographic Survey SW 10 Street DATE: June 2, 1993 The following surveying work on SW 10th street and SW 10th Avenue has been completed or is being accomplished at this time: 1. Right of Way Information Map from Federal Highway to Wallace Drive showing right of ways, ownership of adjacent properties, alignments, and locations of existing facilities for use by city staff for planning purposes, cost estimating, and later use in design. 2. Complete survey for SW 10th Street from Wallace Drive to Congress. Work included topographic survey, alignments, locations, stationing, etc for engineering design of this portion of SW 10th street. 3. Complete survey for SW 10th Avenue from Linton Blvd to SW 10th Street. Work included topographic survey, alignments, locations, stationing, surveys necessary for property acquisitions, etc for engineering design of this road. Topographic survey information (cross sections, elevations, pot hole information) is necessary for the portion of SW 10th street between Miami Blvd and SW 4th Avenue. This work was not included in the original surveying work outlined in item #1 above because we previously did not have direction from commission as to what portions of SW 10th street were to be constructed. Performing the topographic survey within the entire SW 10th Street corridor earlier would have been a waste of money since portions of this work would not have been needed. This topographic information is needed now for design. Enclosed is an agenda request for Service Authorization No. 6 for Heller Weaver and Cato to accomplish this work. This service authorization will not only provide for the topographic information but will also tie together and merge previous surveys that were accomplished for South Swinton Ave, Silver Terrace, and Swinton Ave. These surveys, already completed and paid for, will be put together into one package wi th appropriate stationing and offsets necessary for engineering design. " , " ! BELLER - WEAVER AND CATO, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. '(P FOR CONSULTING SERVICES CITY P.O. NO. (CITY) HELLER-WEAVER AND CATO, INC. TITLE: Road Construction - S.W. 10th Street This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated Julv 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 Miami Blvd. to approximately 200 feet west of the intersection of S.W. 4th Avenue. And the centerline control and right-of-way lines of S. W. 4th Avenue running north and south from the centerline of S.W. 10th Street approximately 200 feet. And the centerline and right-of-way lines of Dixie Highway for approximately 500 feet South of S.E. lOth Street. And the centerline control and right-of-way lines of Swinton Avenue for approximately 500 feet North of S.W./S.E. lOth Street and the centerline and right-of-way lines of Swinton Avenue South of S.W./S.E. 10th Street to Reigle Avenue. 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 the limits of S.W. 4th Avenue, Swinton Avenue and Dixie Highway, as described above, extending 10' outside right- of-way line. Coordinate previously obtained horizontal and vertical data for interface with additional survey information. 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. '. ,. , I i I I I Road Construction of S.W. 10th Avenue Page Two I 2. Location of existing structures, buildings, roadway, pavement, driveways, sidewalks, curb, etc. , including P.C./P.T. of i intersection return radii. 1 3. Location of existing utilities and drainage facilities , including pipe diameter, direction and invert elevations, I rim/grate elevations of all storm, sanitary, and other , i accessible structures including Florida Public utilities, Florida Power and Light/Southern Bell aerial and underground I facilities. City staff will coordinate all utility locations including UNCLE locations. ; i 4. Location of all trees 6" diameter and larger and/or tree clusters, shrubs, mailboxes, signs, fences, and other encumbrances found within the right-of-way. , 5. Provide and reference two permanent benchmarks at approximately 600' intervals. 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. III. SUBMITTAL MATERIALS A. All field notes in neat legible format. i B. One ( 1 ) plot of the drawing of the entire corridor signed and sealed by a registered land surveyor for record purpose at l" = 20' scale (the City will provide plotting services). C. A computer disk with survey and drawing information compatible with Auto Cadd Version 11 or 12. Separate layers for Auto Cadd drawing information are to be established at a minimum as follows: l. 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 , Read Construction of S.W. lOth Avenue Page Three IV. BUDGET A. PART ONE 1. LABOR Survey Crew 56 hrs. @ $ 83.25 . . .. $ 4,662.00 Supervisor 14 hrs. @ $ 55.00 . . .. $ 770.00 CADn Operator 100 hrs. @ $ 40.50 . . .. $ 4,050.00 Project Manager 16 hrs. @ $ 75.00 . . .. $ 1,200.00 Principal in Charge 14 hrs. @ $ 90.00 . . .. $ 1,260.00 Clerical 8 hrs. @ $ 25.00 . . .. $ 200.00 2. EXPENSES CADD Equipment 100 hrs. @ $ 14.50 . . . . $ 1,450.00 Reproductions, Communications, Etc. . . . . .. $ 108.00 PART ONE - LUMP SUM TOTAL. . . . . . . . . .. S 13.700.00 B. PART TWO 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. . . . . . . . . . . .. S 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 I i i Approved by: I CITY OF DELRAY BEACH: (CORP. SEAL) ! Date: Date: I Thomas E. Lynch I Mayor t I Attest: Florida I COUNTY OF Palm Beach Approved as to Legal Sufficiency The foregoing instrument was and Form acknowledged before me this 1st day of June , 1993 by John D. Weaver. President (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/Sfte is (personally known to me) (or haa produoed identifioation) personallY known to me (type of identification) (as identification) and ( did / did not) take an oath.~ ~ -IT\ CLiUt L~.~~ " '-.. L__ ' signature of Person Taking'Acknowledgement J\v{ ,r'\ uCLe.\ A S:~(Jf'-( Signature of Acknowledger (typed, printed or stamped) NOTARY PUBLIC. STATE OF FLORIDA. MY COMMISSION EXPIRES: APRIL 27. 1994. BONDaD THRU NOTARY ~U.Llc UHD."WltIT.".. t~!'llWm_~~. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ltM SUBJECT: AGENDA ITEM # q H - MEETING OF JUNE 8. 1993 SERVICE AUTHORIZATION NO. 3/GEE AND JENSON. INC. DATE: June 4, 1993 This item is before you to approve a service authorization in the amount of $3,497.64 which also extends the contract completion date to May 7, 1993 for Gee and Jenson, Inc. for supplementary inspection services of construction in progress for Fire Station No.5. At the April 13, 1993 regular meeting, the Commission approved a change order to the contract with J.W.R. Construction Services which extended the contract completion date for the Fire Station No. 5 project by 23 days to May 7, 1993. This proposed service authorization extends the engineers contract to match that of the contractors and provides for additional inspection services. Recommend approval of Service Authorization No. 3 in the amount of $3,497.64 and which also extends the contract completion date to May 7, 1993, to the contract with Gee and Jenson, Inc.; with funding from 1992 Bond Anticipation Note - Fire Station No. 5 (Account No. 227-2311-522-61.57). . Agenda Item No.: . AGENDA REQUES'l' Date: June 4, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: June 8, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve Service Authorization No. 3 for consulting services from Gee & Jenson, Inc. in the amount of $3,497.64, Project No. 92-18 - Fire Station No. 5 for supplementary inspection services of construction progress for verification of compliance with approved plans and specifications, beyond the contract date due to approved extensions of time to Contractor. Funding Source is fJJJ 2311-522-61.57. l7-7 . ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of Service Authorization No. 3. D~partment Head~~ IJv S~gnature: City Attorney Review/Recommendation (if applicable) Budget Director Review (~red on all items involving expenditure of funds): Funding available: I YES NO Funding alternatives~- if apPlicabl~.- , ~ N (('"" Account No. & De~cript' on _~ -t::;. "'2l . rc)-S; 13 A - . t-n2E:: ~>I A. G.<:.> Account Balance -.3 SL-U_:J~ (~ -c p.;0) Fo(28W-tP City Manager Review: . . Approved for agenda: (i)/NO tlJ-f Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ., , GEE & JENSON - ARCHITECTS - PLANNERS, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. -1- FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 333-2311-522-61.57 PROJECT NO. 92-18 (CITY) 92-237 (GEE & JENSON, INC.) TITLE: FIRE STATION NO. 5 This Service Authorization, when executed, shall be incorporat- ed in and shall become an integral part of the Contract, dated April 8, 1992, between the City of Delray Beach and Gee & Jenson, Inc. I. PROJECT DESCRIPTION Supplementary inspection services of construction progress for verification of compliance with approved plans and specifications, beyond the contract date due to approved extensions of time to Contractor. Additional design services for revisions to radio and telephone systems added during construction by City staff (M.I.S./Fire Dept.) II. SCOPE OF SERVICES Provide additional inspections of work in progress as outlined in Phase V of the General Contract from March 31, 1993 to May 2, 1993. Provide revised plans for revised radio/telephone systems. III. BUDGET ESTIMATE OF SERVICES Services shall be performed for the lump sum compensation of $3,497.64. Fee is based on hourly rate schedule exhibit "B" of the original contract. IV. COMPLETION DATE Work to be completed May 7, 1993 in conjunction with construction contract completion. ,. . 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. Approved by: CITY OF DELRAY BEACH: (CONSULTANT NAME) Date Date By David T. Harden (Print or Type) City Manager Title: (Corporate Seal) Witness Witness Attest: Alison MacGregor Harty, City Clerk BEFORE ME, the foregoing instrument, this day of , 1991, Approved as to Legal was acknowledged by SUfficiency and Form on behalf of the corporation and said person executed the , same free and voluntarily Susan Ruby, City Attorney for the purpose there-in expressed. witness my hand and seal in the County and State aforesaid this day of , 1991. Notary Public State of Florida My Commission Expires: '. , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER VJ1 SUBJECT: AGENDA ITEM .:It C(:r: - MEETING OF JUNE 8, 1993 CHANGE ORDER NO. 2 AND REOUEST FOR FINAL PAYMENT/AGB CAPITAL CONSTRUCTION . DATE: June 4, 1993 This is a change order in the amount of $12,213 to the contract with AGB Capital Construction for miscellaneous changes to the Miller Park/Currie Commons Park project. This change order represents a net increase of $4,570.11 over the original contract amount. We have also received a request for final payment from AGB in the amount of $98,084.91. Staff has reviewed these projects and found them to be satisfactorily complete. Recommend approval of Change Order No. 2 in the net amount of $4,570.11 and the request for final payment in the amount of $98,084.91 for AGB Capital Construction; with funding from Decade of Excellence Bond Issue - Miller Park (Account No. 225-4166-572-61.62) and Currie Commons Park (Account 225-4146-572-61.64). . - Agenda Item No.: AGENDA REQUEST Date: June 3, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: June 8, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve Change Order #2 to AGB Capital Construction for Miller Park/Currie Commons Park (91-47). Change Order No. 2 is for miscellaneous site and building changes for the Project. All changes are itemized per schedule "A" attached to Change Order #2 (Exhibit A). Change Order #2 is for a net add amount of $ 4,570.11. Funding Source is: . ~ $8,391. 68 0 Miller - #225- 572-61.62 - 0 Currie - #225-4146-572-61.64 - ($3,821.57) Also provided is a "Cumulative Change Order Summary" which summarizes all items added by Change Order to date and the origin of initiation (Exhibit B). Staff also requests City Commission to approve final payment in the amount of $98,084.91 to AGB Capital. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of Change Order #2 final and final payment to AGB capital. A D~partment Head~~ ~ -~ J ~hlq~ Sl.gnature: ,,- - City Attorney Review/Recommendation (if applicable) Budget Director Review (~red on all items involving expenditure of funds): Funding available: YE NO Funding alternative <tJ a~PliCable) Account No. & DescrC\tionJ;/Ct;- (fJl~~ t;-A~I A Account Balance ?-,,' If; · City Manager Review: ~r-t.rf~ F12DM 2-t-(-4/47"'r.,2., ~/-,6~ ATL\fllSlJ Approved for agenda: ~/NO /11 i,GCff, 00 BItLLFlELD I..6rlg Hold Until: C./ ' PRoS .aM PL ,/El? ~./-i , Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. , [IT' OF DELIA' BEA[H 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: Howard Wight Construction Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Change Order *2 for Miller Park DATE: June 3, 1993 Per our discussion, I concur with Change Order *2 for Miller Park in the additional amount of $4,570.11. oJ ~) Parks and Recreation JW:cp Ref:hwco2mlr THE EFFORT ALWAYS MATTERS " , CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2, Final PROJECT NO. 91-47 DATE: PROJECT TITLE: Miller Park/Currie Commons Park TO CONTRACTOR: AGB Capital Construction YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construct miscellaneous changes to Project per attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 915,566.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 19,582.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 935,148.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 4,570.11 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 939,718.11 PER CENT INCREASE THIS CHANGE ORDER .5 % - - TOTAL PER CENT INCREASE TO DATE 2.6 % - EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE ORDER is fourteen (14) calendar days for excessive rains. 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. for Digby Bridges, Marsh and Assoc for AGB Capital Construction (SEAL) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: Ralph E Hayden, Thomas E. Lynch, Mayor City Engineer ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK ., " Schedul e "A" Change Order 1/2 Project No. : 91.47,91-48 Project Name: Miller Park/Currie Conmons Park No. Description -- --................................ --.... -.... ---............................ -- -.- ..-- ---- --.... ----.... --................ --.... -----.. --........ --.. ----.. --............ -- -- ----.... --...... ---........ Miller Park ---------------.. 1 Change l ink fence changes - delete 220' fencing;change gates (S100.00) City (Parks) requested change for tie.in to existing facit ities. Additional fence iil northend to tie-in to existing Park 2 Four (4) inch slabs iil dugouts Sl.932.00 City (Parks) for changing floor from dirt to concrete 3 Trash removal from Sportsl ighting . pole bases S3.973.25 Unforeseen conditions - debris encOUltered at light poles .---------- Subtota l Mill er Park changes S5,805.25 --------..-- Currie Cannons .---------..-------- 1 Irrigation Changes - Credit for well & ~ (S2,900.00) City (Util ities) requested change Additional backflow preventers & taps to City Main 2 Replace previously damaged sidewalk S460.00 City (Parks) requested change 3 Change sod to sprigging at Soccer field (S3,968.00) Architect/Engineer requested change for uniformity -----------.. Subtotal Currie Comnons (S6,408.00) .... --...... .._-_..,~~ ._--~- '~ Combi ned changes requi red at both parks --...... --........ ----- -- -.. ---.. --- ---...-.. -- ...---_.. ....-.... 1 Install scoreboards/provide electrical service S4,455.35 City (Parks) requested change to add installation of City furnished scoreboards 2 Additional signs S717.51 City (Parks) requested for adding miscellaneous information signs ------------ Subtotal Currie Conmon/Miller combined changes S5,ln.B6 ....----....-...... Total net add Change Order 1/2 S4.570.11 ----------- ----------- " . Schedule "B" Cumulative Change Order Summary ct No. : 91-47,91-48 ct Name: Miller Park/Currie Commons Park Item Change RFQ/ Cost Percent of No. Order Description COR # Original Contract ...--..------------------------------------------------------------------------------------------------------- CITY REQUESTED CHANGES .........----.........---... 1 Electrical conduits to future water coolers at the two dugouts $1,208.00 Mi ller Park 1 Substitute extruded curb on top of asphalt with in-ground 6" x 12" standi ng curb - Miller Park $4,457.00 1 Delete curbing (65 If) in SE 7th Avenue Right-of-Way ($504.00) Currie Commons 1 Substitute extruded curb on top of asphalt with in-ground 6" x 12" standing curb - Currie Commons $4,457.00 2 Change link fence changes - delete 220' fencingichange gates ($100.00) Additional fence @ northend to tie-in to existing Park 2 Four (4) inch slabs @ dugouts $1,932.00 2 Irrigation Changes - Credit for well & pump ($2,900.00) Additional backflow preventers & taps to City Main 2 Replace previously damaged sidewalk $460.00 2 Install scoreboards/provide electrical service $4,455.35 2 Additional signs $717.51 ----------- ----------------- Subtotal for City cumulative changes $14,182.86 1.54% ----------- ----------------- ----------- ----------------- ----------------------------------------...------------------------------------ ----------------------------- ARCHITECT/ENGINEER DESIGN CHANGES ------------------------ 1 Removal of eight (8) existing trees along south property line in new pavement - Miller Park $920.00 1 Paving changes required in north entrance due to existing FPL pole locations - Miller Park $3,572.00 '. . . 1 Grading, sprigging and fumigation for approximately 8,000 sf of area between existing park and new park - Miller Park $2,852.00 1 Regrade south end of roadway due to elevation changes required at existing water main air release valve - Miller Park $368.00 1 Additional trees and sod at south boundary - Miller Park $1,028.00 1 Revise air conditioning soffits size Miller Field/Currie Commons $534.00 1 Additional tile and base at stairs Miller Field/Currie Commons $690.00 2 Change sod to sprigging at Soccer field ($3,968.00) ----------- ----------------- Subtotal for Architect/Engineer changes $5,996.00 .64% ----------- ----------------- ----------- ----------------- ----------------------------------------------------------------------------- ----------------------------- Unforeseen Conditions --------------------- 2 Trash removal from Sportslighting - pole bases $3,973.25 ----------- ----------------- Subtotal for Unforeseen Conditions $3,973.25 .42% ----------- ----------------- ----------- ----------------- ----------- ----------- TOTAL NET CUMULATIVE THRU CHANGE ORDER #2 $24,152.11 2.6% ----------- ----------------- ----------- ----------------- ~ , . / / ../ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f!r~1 SUBJECT: AGENDA ITEM # lOA - MEETING OF JUNE 8, 1993 ORDINANCE NO. 37-93/0CCUPATIONAL LICENSES DATE: JUNE 4, 1993 First reading of this ordinance was held at the May 11, 1993, regular meeting at which time a concern was raised relative to the proposed license fee for Non-Certified Contractor - Interior Trim. The ordinance was passed on first reading, with direction to workshop it on June 1st followed by second reading and public hearing at the June 8 , 1993, regular meeting. At the June 1st workshop, it was the consensus of the Commission to delete the proposal for an interior trim license fee from the ordinance at this time. It is anticipated that this matter will be reviewed by the Equity Study Commission, with a recommendation to be made at a later date. The ordinance as initially drafted was advertised for public hearing on June 8, 1993, and is therefore shown on the agenda as a public hearing item. Since the ordinance has now been amended to reflect the Commission's June lst direction, it is appropriate that the ordinance, as amended, be reconsidered on first reading. If passed, second reading and public hearing ~ill be held on June 22, 1993. . Ordinance No. 37-93, as currently proposed, amends Section 110.06, "Persons Not Required to Pay Full Fee", to provide an exemption for non-resident businesses from paying additional fees. This change corrects a conflict with Sec. 205.065, Florida Statutes. The ordinance also amends Section 1l0.15, "License Tax Schedule", by adding the new category of "Nails, Acrylic Shops" and associated license fee. Recommend approval of Ordinance No. 37-93, as amended, on first reading. i -1-0 / ( &70oiff-/ ~) , . '- , ORDINANCE NO. 37-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 110.06, "PERSONS NOT REQUIRED TO PAY FULL FEE", TO PROVIDE AN EXEMPTION FOR NON-RESIDENT BUSINESSES FROM PAYING ADDITIONAL FEES; BY AMENDING SECTION 110.l5, "LICENSE TAX SCHEDULE", BY ADDING A NEW CATEGORY OF OCCUPATIONAL LICENSE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. . WHEREAS, the State Legislature enacted Section 205.065, F.S. , in 1992 which provided 'for an exemption for non-resident persons, regulated by the Department of Professional Regulation, from paying additional registration fees imposed by local municipalities; and, WHEREAS, said Section 205.065, F.S., provides that if any person engaging in or managing a business, profession or occupation regulated by DPR has paid an occupational license tax for the current year to the county or municipality in the state where his permanent business location or branch office is maintained, no other local governing authority may levy an occupational license tax, or any registration or regulatory fee equivalent to the occupational license for performing work or services on a temporary or transitory basis in another municipality or county; and, WHEREAS, Section 1l0.06, "Persons Not Required to Pay Full Fee" , of the Code of Ordinances of the City of Delray Beach, Florida, currently requires that such persons and/or businesses holding a valid occupational license from another municipality or county and doing business in the City of Delray Beach shall be issued a city license and pay the required registration fee; and, WHEREAS, the City Attorney of the City of Delray Beach, Florida, has determined that such registration fees are in conflict with Section 205.065 of the Florida State Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That Chapter 110, "Occupational Licenses Generally" , Section 110.06, "Persons Not Required to Pay Full Fee", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Subsections (A) and (8) in their entirety, and enacting a new Section 110.06 to read as follows: . \ -------- Section 110.06 PERSONS NOT REQUIRED TO PAY FULL FEE. Persons holding a valid and currently effective occupational license issued by another Florida municipality or county, and who do not maintain a permanent business location or branch office in the City of Delray Beach, shall be issued a city license for their particular occupation upon their registering with the City Building and Inspection Division. No fee shall be required to obtain a license in such cases. Section 2 . That Chapter 110, "Occupational Licenses Generally" , Section 1l0.l5, "License Tax Schedule", of the Code o.f Ordinances of the City of Delray Beach, Florida, is hereby amended by adding :the following classification in appropriate and/or alphabetical order: Classification Fee NAILS, ACRYLIC SHOPS (State Certificate) .L2Q Section 3. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective ten days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 37-93 . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ,(~I SUBJECT: AGENDA ITEM # ID-B - MEETING OF JUNE 8. 1993 ORDINANCE NO. 38-93 DATE: June 4, 1993 At the May 11, 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. At the May 25th regular meeting, the public hearing was opened on Ordinance No. 38-93. Final action was deferred in order to meet Florida Statute requirements. Those requirements have been met and it is now appropriate to take final action on this ordinance. This is 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. 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. Recom"mend approval of Ordinance No. 38-93 on second and final reading. 5/0 p~ , . , C-c...... ~ \, -B ~ ~ '<'\ c~. ~w crocts KRUSE, O'CONNOR AND LING INC. F'ORT LAUDERDALE OF'F'ICE WEST BROWARO PRO,.ESSIONAl. BUIl.DING 7320 GRIf"f"IN ROAD. SUITE 200 f"ORT LAUDEROALE. ,.l.ORIDA 3331.. ~~~ (305) 791' 5eee NORTH I CENTRAL F'LORIDA OF'F'ICE 101 SOUTHEAST SECOND PLACE. SUITE 201 GAINESVIl.l.E. f"l.ORIOA 32801 (90") 375'3eoo RItPl.Y TO ,.ORT LAUDItRDAl.1t 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 1, 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 t~e same actuarial assumptions and methods used in our October I, 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. By By - J. teph Palmquist, ASA, Enrolled Actuary No. 93-1560 " . fl- I - Before After j Changes Changes ::'::,99ygRgR::iill;i':::::':::::::,,:::,::::,:,::'::.::::::.,::-,::::::'i,::':.::::.:':!'::':::::::,::::::,,:.::.::::,:::.::.:'::':::-:::.::,':':":,:'::::.'i-.:'::'::',':::::.i::-:::':::::':.":::::.::':::::::'.:::::::::,::':'!,:':::::::::::::::::::":.:::::'::::.:'.::'::':':::':::':!::",::"..:':::::,::,:.:::::::.::::::::j::::::::::::::::::'.':!::::::::::.':::..::::::!.!';,'::::"..',::i: 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 (UFML) 530,756 931,299 3. Portion Assigned to Future Normal Costs 17,587,500 17,587,500 F. Annual Payment Needed to Amortize UFML 55,430 97,261 As % of B 0.63% 1.10% G. Annual Employer Normal Cost 1,343,398 1,343,398 As%ofB 15.17% 15.17% H. Interest on F and G from Valuation Date to Contribution Date(s) 149,218 153,681 As%ofB 1.68% 1.74% I. Required ,Employer/State Contribution: F + G + H 1,548,046 1,594,340 As%ofB 17.48% 18.01 % J. Estimated State Premium Tax Refund 507,569 507,569 As%ofB 5.73% 5.73% K. Balance Required from Employer: I - J 1,040,477 1,086,771 As%ofB 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 12131193 / / ,.. / . ~'I'II~i!...t I Before After Changes Changes 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 () 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 Contri butions 5,617,231 5,617,231 E. Actuarial Present Value of Projected Employer Normal Costs: A3 - B - C - D 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 ElF 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 . --------- -- ~._-.- -. -~._- ---------- 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 Octobe~ 1, 1~87; and, WHEREAS, it was the intent of Ordinance No. 102-87 that both members and beneficiaries of members who had'retired prior to October 1, 1987, receive an increase in their benefit levels; and, WHEREAS, the City of Delray Beach Police and Fire Board of Trustees has actually authorized the increased payments to both members and beneficiaries of members who retired prior to October 1, 1987; and, WHEREAS, the City Commission wishes to codify the intent 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", ot the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended as follows: (A) Members and beneficiaries of members who retired prior to October 1, 1987, shall receive an increase in the~r 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, 1987; however, all such members who retired prior to October 1, 1987, shall receive retirement income of at least $200 per month. The supplemental and minimum retirement income provided in this section shall be paid effective January 1, 1988. The supplemental retirement income provided in this section shall not be subject to the benefit offset conta~ned 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 retiremen~- income calculated in accordance with Sec. 33.62, 33.63 33.68(AI, 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 I '/1 FROM: CITY MANAGER{'il.-1 SUBJECT: AGENDA ITEM # / ~ fJ - MEETING OF JUNE 8. 1993 ORDINANCE NO. 40-93 DATE: June 4, 1993 This is a first reading of an ordinance amending Subsection 4.4.6 (H)(1) of the Land Development Regulations to provide for the limitation of density within the Medium Density Residential (RM) Zone District. The RM Zone District allows a density range of six units per acre to a maximum of twelve (12) units per acre. The proposed amendment would allow a numerical suffix to be affixed to the RM zoning designation. This ordinance is being processed concurrently with Ordinance No. 39-93 which rezones property from POC (Planned Office Center) to RM-8 (Medium Density Residential - Eight ( 8 ) units per acre. The Planning and Zoning Board will review this item at their June 21st meeting. Recommend approval of Ordinance No. 40-93 on first reading. If passed, public hearing June 22, 1993. S~() . ~ /sr~ ~ w/~~ Iu; O.J;::'- (Jlte- ~ . . , . PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: SUSAN RUBY, CITY ATTORNEY \ ~~~~CCu:-k - -~ FROM: ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: JUNE 7, 1993 SUBJECT: ORDINANCE 40-93, AMENDING RM ZONE DISTRICT In further review of LDR Section 4.4.6(H)(1), we note a problem in the original text wherein the authority for making a determination which allows site specific development to exceed the base of six ( 6 ) units per acre rests with the "Local Planning Agency". While the existing language is. appropriate when a rezoning is being considered (Le. affixing a density suffix) ; it is not appropriate when the determination is made only at the site plan level L e. SPRAB action when acting on a site plan and making the necessary findings one of which should be that the resulting development - at the requested density - "is harmonious with adjacent properties and does not adversely affect areas of environmental significance or sensitivity". My suggestion to address this situation is to replace the words "Local Planning Agency" with "body taking final action on the development application". Since we are making changes to Section 4.4.6(H)(l) at this time, it may be appropriate to also include the above item. DJK/cm c: Alison'RIftY, crtV" Cierk , Diane Dominguez, Current Planning '. , " \ -1<- C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER j' < / \, -, i ,,-. ,_ ,~ -____~ L- ___,_" '\.--- ).; \...::.. ,--l, ,~ '--- FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 8, 1993 LDR AMENDMENT , ESTABLISHING A DENSITY LIMITATION IN THE RM ZONE DISTRICT ACTION REQUESTED OF THE COMMISSION: . The action requested of the City Commission is that of approval on .first reading of an ordinance with modifies the LDRs. The modification allows the placement of a numerical suffix with the RM zone designation in order to limit the density of residential development on a specific parcel of land. BACKGROUND: During consideration of a recent rezoning petition,. the City Commission expressed a desire to limit density, for good and proper reasons, wi thin the RM Zone District. The Director of Planning noted that such a limitation is alreidY used, in the LDRs, within the PRD zone district. The proposed ordinance is attached, Within the WHEREAS clauses you will find the rationale and justification for the suffix approach. This item is being processed prior to P&Z Board review in order to have it applicable to a rezoning action which is pending before the City Commission, PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally reviewed this item at its meeting of June 21, 1993, The Board I s findings and recommendation will be presented at the City Commission public hearing at second reading. RECOMMENDED ACTION: By motion, approval of this ordinance on first reading. Attachment: * Proposed ordinance, by others. DJK/T:CRM-SX " __ .._____ __ _,.__. _____._ _____ _ __'~_.__'__ u___ __ __~_._~__ ___ _ _______ _ ._. __ ._.____.~_._.__._ -~ ,_ ORDINANCE NO. 40-93 ..iJ' ~) i{), AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF , I DELRAY BEACH, FLORIDA, AMENDING SUBSECTION l ",4,.4.6 (H) (I) OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE LIMITATION OF DENSITY ~LT~~3HE MEDIUM DENSITY RESIDENTIAL (RM) ZONE . DISTRICrm~ PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Medium Density Residential (RM) Zone District allows a density range having a base of six (6) units per acr~ tq a maximum of twelve (12) units per acre; and, WHEREAS, the RM District provides for the implementation of provisions of Objective "C-2" of the Housing Element in the City's adopted Comprehensive Plan which calls for accommodating a variety of housing types; and, WHEREAS, the density of a residential development significantly affects and determines the type and character of housing ~ iich may ~e constructed on a specific parcel of land; and, WHEREAS, policies within the Comprehensive Plan and provisions of the City's Land Development Regulations give guidance as to findings and items to be considered in the rezoning of property for residential use purposes, among these are: * LDR Section 3.3.2 requiring compatible land use and sufficient regulation to properly mitigate adverse impacts; * Housing Element Policy C-2.4 which calls for development of vacant land to be planned in a manner consistent with adjacent development; * Land Use Element Objective A-I which provides that vacant land shall be developed in a manner so that future intensity is appropriate in terms of applicable physical considerations and other factors; and, WHEREAS, policies within the Comprehensive Plan and provisions of the City's Land Development Regulations provide that concurrency must be met and a determination made that public facility needs for a development proposal will not exceed the ability of the City to provide needed capital improvements; and, WHEREAS, from time-to-time, based upon specific circumstances of individual parcels of land it may be necessary and appropriate to place a limitation of development intensity upon land which is zoned, or proposed to be zoned, RM; and, . ---------.-_.__.--- - -- ..---- - -~----- -..-- ,-- -,---_. .- ---_. - -~----- - WHEREAS, the City of Delray Beach Planning and Zoning Board, acting as the Local Planning Agency, has reviewed a proposed amendment to the City's LDRs, said amendment to provide for a limitation of density within the RM Zone District, and has determined that the ability to impose such a limitation is consistent with and furthers the goals, objectives and policies of the adopted Comprehensive Plan; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, has appropriately advertised and reviewed the proposed amendment in a public hearing. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION.OFTHE- . . CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That Subsection 4.4.6(H) (1) of the Land Development Regulations of the Code of Ordinances of the City of De1ray Beach, Florida, be, and the same is hereby amended to read~as &j follows: en +4- ~'f'{\IYl on (1) .. d . f' . u.-p . ~ boO,,! j A m1n1mum enS1 ty 0 SlX un1 ts per acre 1S . 6f1] established for duplex and multiple family housing ~ns ~ projects within this District. Density may exceed ~~~ ~ ~ the base of six (6) units per acre GRly upon a h dO(' determinaticn--b~ Local Flal1lling Agt:m=y that the ~ (J.J resulting development is harmonious with adjacent I_~IJ properties and does not adversely affect areas of ~' environmental significance or sensitivity. However, the density shall not exceed that of twelve (12) units per acre. The density for a specific RM development may be established by a numerical suffix affixed to the designation and shown on the zoning map (Le. RM-8 limits the density to eight units per acre) . To seek a density greater than that shown in such a manner, it is necessary to rezone the property. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. - 2 - Ord. No. 40-93 , --' ._~ -- "--- --- ----------- ._- ---_.~-- - ~ -------- ____.u _ ___ __ --- . - ---- Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R - ATTEST: . . City Clerk First Reading Second Reading - 3 - Ord. No. 40-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS -M i FROM: CITY MANAGER t:ft I SUBJECT: AGENDA ITEM i I;;;' B - MEETING OF JUNE 8. 1993 ORDINANCE NO. ~93 DATE: June 4, 1993 lid-- First reading was held on this at the May 25th regular meeting. At that time concerns were ex sed about possible changes to the proposed land use, the impact on tra c, and compatibility with future developments. A suggestion was to consider a limitation on density for this parcel. The applicant w otif~~ has agreed to amend his application for rezoning to reque RM-8 (Medium Density Residential - Eight (8) units per acre) designat~ . This is the first reading of an ordinance rezoning and placing land presently zoned POC (Planned Office Center) district in the RM-8 (Medium Density Residential - Eight (8 ) units per acre) 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 tne RM designation. The Planning and Zoning Board at their May 17th meeting held a public heari.ng on the initial rezoning request. The modified application wil~ be before the Board at their June 21st meeting. 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. 39 - 93 =:-R.m Lid -93 -- tDn-8 p~~ - . -'f . ''l i - i /1 i-' C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T, HARDEN, CITY MANAGER \. -,', ~ _~ ~ I'r~ \.... ' ~,__ ~_ .,~ ' '--- _. l ....._ ..._ FROM: D~D J. K VACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 8, 1993 3l') _ 0~ MODIFICATION TO ORDINANCE , AFFIXING A DENSITY LIMITATION SUFFIX (RM-8) ACTION REQUESTED OF THE COMMISSION: . . The action requested of the City Commission is that of approval on -first reading of an amended ordinance ~ - -)::'J. BACKGROUND: , ,-) The original ordinance Y~-~~had first reading on May 25th. At that time there was concern about possible changes to the proposed land use and that such changes might adversely impact traffic loading and compatibility of future development with existing land uses. A suggestion was made to consider a limitation on density for this parcel. I Through a separate agenda item, the ability td affix a density limitation is being proposed. By amending Ordinance .')c") - ~).~ , at this time, both it and the enabling ordinance will be considered at public hearing and second reading on June 22nd. This action is consistent with that discussed on May 25th and as reflected in the petitioners letter which is affixed hereto. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally review this item at its meeting of June 21st. Its recommendation will be pro v ided at the City Commission public hearing. RECOMMENDED ACTION: By motion, approval of this modification on first reading. Attachment: * Revised ordinance, by others * Applicants/agents request letter . ...W Ql'IfllCII 0'- COUOl..AS .JOVANOVIC PAQ~I!S.IQNAI. ,IU..celATION ... .OUT.......T :I...., AIIINIJt. aun-e .CC flOI!'~ L.AUC."'O~", FI.C,.IQA 33::11. oova....... jQIIANOII,C, ,",,0.. L\. M, "'el.t!~ON&. (301S1l5i1a-oo.~ M....Tel:ll GI" I."""". Tn\.t~4KI~~51~aa'7~e~ _VetN......NO TAXAT,ON 1'QANQN"'I"ION~ PA.a.QTICII May 28J 1993 Susan auby, Esquire VIAl T~LB'AX city Attorney, Delray Beaoh (<607) ~78-47S5 100 N.W. let Avenue Delray Beach, FL 33444 Itll aMUOKIlNT 01' RBI01UlfG APPLICATION OF C!i1.tU)B ~ROCRO 1U( TO 10("'8 Dear Suaan: . Thi. lett.r: will cont irra our t81~phone conversation of todl1Y I $ d6t~ wherein I informed you that I repre..nt Mr. Claude Brochu, who haa a contract to - pUrCha&8 the aubj ect property and is tl\e applicant with re.pect to the above application. 'However, Delt'ay Beach Club Development, Inc. I a Florida eot'poratlonl will take title to the aUb,act property. 1'he applicant hereby 4qre.a to amend it. application for relon1nv to reque.t an RM-8 zoning. The City will concurrently amend ita ~nanc.. to create this new aM-8 zoninq cateqory by or betore ,,"una 22, 1993. However I you quaranteed ma, and thia agr.ement i. contingent upon a .econd readinq and tinal determination of our application on June 22, 1993. If you cannot pa.. an amendment creating a new RM-8 oategory by~r before June 22, 1993, then we reaerve the ri9ht to proceed un r our present aprlication for RK rezon1n9 for June 22, 1993. Please ensure that a1 notice. are properly made and procedures are followed to meet our objective.. Should you have any que.t ion. or comments, please do not heBitate to contact m.. 1,\0 . ,.:,~";i .:\'\~\"' "- it~ - Douqla. Jovanovic ",\~O" '.;.'f. ~ ".) 'ti ~ <.iI>" ~'fJ~ OJ/1l\hj ~';~,,~ co: ClAude BrQohu wtSl\lRdu.oC' SUSAN RUBY DOl.1G JOVANOVIC -'.-~~l r Fr:.c'-'1; (407) 278-4755 :)05..522.. 7' ~ 3 ~ INCLUOIN\1 ~; 1 I (W(.: FAX.; ~-c.: -.-."..... ~- ..--- .. ,... - - -- ..- .... ...... ... - .- -. ---' 1 ""A - - JIll.- -- ----- - ----- - --------- --------- -. ---- - I-/:J. ORDINANCE NO. ~-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-8 (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 DELRAY 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-8 (Medium Density Residential) District, as defined in Chapter Four at Subsection 4.4.6(H) (1) 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 fee t; 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 fee t; 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 Bcok 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 Delra:: Beach, Florida. Section 2. That the Planning Director of the City of De1ray Beach, Florida, shall, upon the effective dat€' of this ordinance, change the Zoning District Map of the City of De1ray Beach, Florida, to conform with the provisions of Section 1 her€'of. 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 ~?ole 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 ADC'PTED 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 , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {f/1 SUBJECT: AGENDA ITEM # I~C - MEETING OF JUNE 8. 1993 ORDINANCE NO. 41-93 DATE: June 4, 1993 This is the first reading of an ordinance amending the Code of Ordinances to provide additional qualifying criteria for the Education Board. This proposed amendment will provide a non-resident business owner the opportunity to serve on the Board. The Education Board will review this proposed amendment at their June 7th meeting. Staff will report the Board's findings at Tuesday evening's meeting. Recommend approval of Ordinance No. 41-93 on first reading. If passed, public hearing June 22, 1993. P~A) , , ',.jl [ITY DF DElIAY BEACH . -........ . MEMORANDUM TO: David T, Harden, City Manager FROM: ~ Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 8, 1993 FIRST READING AMENDMENT TO ORDINANCE 24-90 MEMBERSHIP EDUCATION BOARD DATE: June 2, 1993 ACTION City Commission is requested to approve on First Reading an amendment to Ordinance 24-90, Section 32.28 "Qualification of Members" to allow a nonresident Delray Beach business owner to serve on the Education Board, BACKGROUND We have received a letter from Mr. Robert Hayes, owner of Bob's Quick Print, requesting a change in the membership requirements for the Education Board, to allow a nonresident Delray Beach business owner to serve on the Education Board. The original ad hoc advisory board had nonresident members representing business and real estate interests. In July, 1990 the Board was made a permanent City Committee and at that time, the ad hoc advisory committee recommended that nonresident business owners and realtors be allowed to serve. City Commission, however, felt that they could find residents representing these interests to serve on the Education Board, A detailed staff report and backup data from July, 1990 is attached. The Education Board will review this request at their June 7th meeting and a recommendation will be provided to City Commission. RECOMMENDATION Consider on First Reading an Amendment to Ordinance 24-90. RAB:kwg Attachments THE EFFORT AL'NAYS MATTERS , ",j -l '(t ,~ 'j 'u~ ,(lEi AA~~ EJER(H ;. '.,~ w;;~ {- >',' ~-. ,. , "; ~ l ~,',::.:._ '~~'~"11!-" ,;", -;'.~ I ..: 1'__ . ';.. ~ ~ .~ ." ~i -f l_:'-),~i:.J~ 334,1~ . , .. MEMORANDUM TO: Education Board Members FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM - EDUCATION BOARD MEETING 6/7/93 REQUEST TO CHANGE BOARD MEMBERSHIP REQUIREMENTS DATE: June 1, 1993 AE::TION The Board is requested to review a request from Mr. Robert Hayes to change Ordinance No. 24-90 to allow an individual who owns a business in Delray Beach to be eligible to serve as a member on the Education Board. BACKGROUND Attached is a copy of a letter sent by Mr. Hayes to the City Manager requesting that Ordinance No. 24-90 be amended to allow Delray Beach business owners to serve on the Education Board. The Ordinance currently restricts membership to a Delray Beach resident or a parent who has a child attending a school in Delray Beach. Most other City Boards allow business owners to serve on City Boards. The Education Board was initially established in August, 1989 as an ad hoc Advisory Board and consisted of seven members. There were no residency restrictions placed on the Board at that time. In July, 1990 the Board was established as a permanent City Board. The Board recommended to City Council that a realtor with his business in Delray Beach, a business owner, a parent or a resident serve on the Board in order to provide balance to the Board. After considerable discussion, City Commission agreed to restrict membership to residents or a parent with a child in a Delray Beach school. The Ordinance does require that membership shall include individuals with a background in business and real estate. However, City Commission felt that they should be able to find members who were residents who had backgrounds in these areas. RECOMMENDATION Staff recommends support for this request and for the Board to submit their recommendation to City Commission. RAB:kwg THE EFFORT ALWAYS MATTERS ---- ,-- , ORDINANCE NO. 41-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", SUBHEADING "EDUCATION BOARD" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 32.28, "QUALIFICATIONS OF MEMBERS" , TO PROVIDE ADDITIONAL QUALIFYING CRITERIA; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on July 24, 1990, the City Commission adopted Ordinance No. 24-90 whi.ch created the Education Board of the City of Delray Beach as a permanent advisory body; and, WHEREAS, pursuant to Ordinance No. 24-90, Section 32.28 of the Code of Ordinances of the City of Delray Beach, Florida, was enacted to set forth certain criteria relative to the qualifications of members of the Education Board; and, WHEREAS, the City Commissiot). is desirous of having a broad range of individuals to serve on the Education Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 32, "Departments, Boards, and Commissions", Subheading "Education Board" , Section 32.28, "Qualifications of Members", is hereby amended to read as follows: Section 32.28 QUALIFICATIONS OF MEMBERS. It is the intent, if possible, that the membership of the Education Board shall include members who have a background in business, real estate, and/or education. The members of the Education Board shall be residents of the City of Delray Beach or shall be a person with a child or children attending Delray Beach public schools. or shall own orooerty in the citv and/or own or ooerate a business within the city. Should a member of the Education Board not be a resident of the City of Delray Beach. or jjl. pro'Qerty owner and/or the owner/ooerator of a business within the citv. and should that member's child or children cease attending Delray Beach public schools, then such member sha 11 no longer he qualified to serve on the board. Section 2. That all ordinances or parts of ordinances 1n 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 immediately upon passage on second and final reading. " - ..-.--.-- ~- . ---.~-_. ----- .---- ---- -- -- - ---.--- "- - --- -~ ---- ---~---- PASSED AND ADOPTED in regular session on this the day of I 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading " , ; -~~;.: -Mf~ r ~ BOB'S 5/20/93 To: Robert A. Barcinski. Please draft response for Mr. Harden's signature. Thanks. (sk for DTH) - QUICK el! TYPESETTING -,) - PRINTING & COPY CENTER, INC. PRINTING COPYING May 18, 1993 RECEtVEu '. AfAr 20 1993 LIt Y M Dear Mr. Harden, ANAGFR'S . Off IC[ I am writing on behalf of myself and other property owners in Delray Beach concerning an ordinance which keeps us from qualifying for membership of the Delray Beach Education Board. To tell you a little about my s elf, ,I opened my printing business in Delray Beach in November of 1974. I own the property at 181 SE 5th Avenue, Delray Beach, where my business, Bob's Quick Printing, lS located; but I live in Boynton Beach, just outside the Delray Beach City limits.I have been very active ln educational matters in Delray Beach Slnce servlng as the Chairman of the Chamber of Commerce Education Committee ln 1987. Currently, I am servlng on the School Advisory Council for S.D. Spady Elementary School. I feel I would be a productive and valuable member of the City of Delray Beach; however, Ordinance NO. 24-90 makes me ineligible for such membership. I respectfully request that the ordinance be changed to allow property owners to serve, and perhaps consideration be given to opening a membership to business owners who have demonstrated a knowledge to the educational process. Thaf!:~U , ;:: r--. ,~)U · Robert Ill. Hayes 181 S,E. 5th AVENUE. DELRAY BEACH, FL 33483. FAX 407.272,3828.4072780203 " ~--- ------ -------- ------- ORDINANCE NO. 24-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEAC H , FLORIDA, AMENDI~G TITLE I I I, "ADMINISTRATION", CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBHEADING, "EDUCATION BOARD"; BY ENACTING A NEW SECTION 32.25, "ESTABLISHMENT" ; BY ENACTING A NEW SECTION 32.26, "COMPOSITION; APPOINTMENT; TERMS"; BY ENACTING A NEW SECTION 32.27, "ORGANIZATION" ; BY ENACTING A NEW SECTION 32.28, "QUALIFICATIONS OF MEMBERS" ; BY ENACTING A NEW SECTION 32.29, "DUTIES AND RESPONSIBILI- TIES"; AND BY ENACTING A NEW SECTION 32.30, "MEETINGS; REPORTS" ; ALL TO PROVIDE FOR THE CREATION OF THE EDUCATION BOARD AS A PERMANENT ADVISORY BODY TO THE CITY COMMISSION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Ci ty Commission of the City of Delray Beach, Florida, recognizes the importance of quality education and adequate school facilities in the c~:mtinuing growth, develop- ment, and especially redevelopment of the City; and, WHEREAS, the City Commission has heretofore demonstrat- ed its commitment to excellence in Delray Beach schools through the adoption of the "Sharing for Excellence" program; and, WHEREAS, said "Sharing for Excellence" program suggest- ed the appointment of a special board to the City Commission ':0 advise them in matters pertaining to education and school facili.- ties; and, WHEREAS, on August 22, 1989, the City Commiss10ro adopted Resolution No. 54-89 which established the Educat10r, Board of the City of Delray Beach as an ad-hoc advisory body; and, WHEREAS, the City Commission has determined to continue the function of the Education Board by establishing it as a permanent advisory body, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEAC H , FLORIDA, AS FOLLOWS: Section l. That Title I I I, "Administration", Chapter 32, "Departments, Boards, and Commissions", of the Code of Ordinances of the City of De lray Beach, Florida, be, and the same is hereby amended by enacting a new subheading, "Education , Board", and by enacting new Sections 32.25, 32.26, 32.27, 32.28, " ,I 32.29 and 32.30, to read as follows: EDUCATION BOARD Sec. 32.25 ESTABLISHMENT. The Education Board of the City of De lray Beach is hereby established as a permanent advisory body to the City COIl\l!lission. , .-------. ~ ._--- Sec. 32.26 COMPOSITION; APPOINTMENT; TERMS. The Education Board shall be composed of seven ( -) regular members, appointed by the City Commission :8 r terms of two ( 2) years, except that the members of t!"':e first Board to serve shall be appointed so that tr.ree (3 ) members shall serve one ( 1) year terms, and ~cu:- ( 4) members shall serve two ( 2) year terms. T~ e 1 r successors shall be appointed to two ( 2) year t e r~ 5 . It is further provided that no member may serve ~ore than two successive terms on this Board. Sec. 32.27 ORGANIZATION. (A) The Education Board shall elect a Chairperson and Vice-Chairperson to preside at its meetings and any other officers as the Board may deem neces- sary. The Chairperson shall be the official spokesperson for the Board and the formal liaison between the Education Board and the School Board. (B) The Education Board shall formulate rules and regulations for the conduct of its business. (C) The Education Board s ha 11 have technical and logistical support provided as designated by the Ci ty Manager. A staff person sha 11 be designated as the official City contact with the Schoo 1 District Administration. Sec. 32.28 QUALIFICATIONS OF MEMBERS. It is the intent, if possible, that the membership of the Education Board shall include members who have a background in business, real estate, and/or education. The members of the Education Board sha 11 be residents of the City of Delray Beach or shall be a person with a child or children attending Delray Beach public i schools. Should a member of the Education Board not be I a resident of the City of Delray Beach and should that I member's child or children cease attending Delray Beach i public schools, then such member shall no longer be qualified to serve on the board. Sec. 32.29 DUTIES AND RESPONSIBILITIES. The duties and responsibil i ties of the Education Board il shall be as follows: (AI Monitoring of School Board activities. I i (B) Serve as liaison between the School Board of Palm I Beach County and the City Commission. I (e) Participate in an information exchange via school newsletters and principal's office with the administration of each Delray Beach school as well as those attended by De lray Beach students else- where. (D) Preparation of an annual .State of Schools. report with respect to Delray Beach schools. - 2 - Ord. No. 24-90 " --, ( E) Development of recommendations to the City Commis- sion for forwarding to the School Board of Palm Beach County regarding actions which may be taken in support of schools in Delray Beach and wlth respect to proposed legislation at the State leve 1. (F) Maintenance of a continuous public relations effort to improve and maintain the public image cf Delray Beach schools. This effort should include, but not be limited to, the following: (1 ) Placement of favorable material in local media; ( 2) Development of brochures and other materials to be utilized in -marketing. the De 1 ray Beach schools. (G) Identifying and attracting State and Federal programs and grants in direct support of Delray Beach schools. (H) Provide comments to the City Commission regarding proposed developments and their impacts upon the racial balance of schools. Sec. 32.30 MEETINGS; REPORTS. (A) The Education Board shall meet at least once monthly on a regular basis, with a regular meeting date of the first Monday of each month, except for when that date falls on a holiday under which circumstance the Board shall establish another regular meeting date for that month. The Educa- tion Board may hold special meetings at the direction of its Chairperson upon twenty-four (24) hour notice. (B) All meetings shall be open to the public and the order of business and procedure to be followed shall be as prescribed within the rules and regulations to be adopted by the Education Board. (C) An annual .State of Schools. report shall be filed with the City Commission so that it will be reviewed during a work session in the month of May, thus affording time to address the work program and budget of the School Board of Palm Beach County for the following fiscal year. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence. or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. - 3 - Ord. No. 24-90 , COMMENTS FROM CITY COMMISSION REGULAR MEETING OF JULY 10, 1990 12,B, Ordinance No. 24-90. Ordinance No. 24-90, creating the Education Board as a permanent City Advisory Board, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 24th. The City Manager presented Ordinance No. 24-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE I I I, "ADMINISTRATION", CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBHEADING, "EDUCATION BOARD" i BY ENACTING A NEW SECTION 32.25, "ESTABLISHMENT" ; BY ENACTING A NEW SECTION 32.26, "COMPOSITION; APPOINTMENT; TERMS" ; BY ENACTING A NEW SECTION 32.27, "ORGANIZATION" ; BY ENACTING A NEW SECTION 32.28, "QUALIFICATIONS OF MEMBERS" ; BY ENACTING A NEW SECTION 32.29, "DUTIES AND RESPONSIBILITIES"; AND BY ENACTING A NEW SECTION 32.30, "MEETINGS; REPORTS"; ALL TO PROVIDE FOR THE CREATION OF THE EDUCATION BOARD AS A PERMANENT ADVISORY BODY TO THE CITY COMMISSION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ocdinance. Ms. McCarty moved for the adoption of Ordinance No. 24-90 on First Reading, seconded by Mr. Andrews. The City Manager stated a recommendation was distributed to each Commissioner denoting a change in Section 32.28 regarding the qualifications of members in Ordinance No. 24-90. He asked the pleasure of the Commission with regard to Ordinance No. 24-90 and this proposed change. EXCERPT: Ms. McCarty: Does someone want to read the change, so everybody can understand what we are doing? Mayor Lynch: This is coming from Lula, on the Education Board's recommendation. Jay, are you familiar with this? Dr. Alperin: If I remember correctly, the concern was to continue using some of the same pool---- " Lula Butler: The Board had a concern - they wanted to maintain a balance, because the current ordinance before you was to read only that they must be a resident of Delray Beach or have a child attending public schools and what they wanted is the specific designation that a person could be a business owner, a realtor with his business in Delray Beach, a parent or a resident, so that you would balance the Board out. Mayor: Wouldn't that qualification come later when we do the qualifications for each board? City Attorney Kurtz: This is a particular board and what this is doing is expanding the definition that you have in your package to include business owners and realtors who have their primary place of business in town. Ms. McCarty: I'm sorry, but I think we can find a realtor that either has a kid in school or lives in this town. I don't know that we necessarily have to Mayor: The same v-rith the business owner? Those are the two changes, really, the business owner and the realtor? Ms. Butler: That's correct. Mayor: So, you're saying that basically we should be able to find somebody in business or in real estate that basically has children in Delray? McCarty: Or lives in Delray. Mr. Andrews: And I thought we were having only one person who was out of Delray. Was I wrong on that? McCarty: No, we just said its a parent with a child attending a Delray Beach school. Andrews: But only one, I mean could the Board be composed of all people of all parents -- McCarty: If that Commission so choose to have it be from all parents outside the City. Mayor: I agree with Commissioner McCarty, that it seems reasonable that we should be able to find somebody in real estate and the business community that has a child in school, or lives here. McCarty: Preferably, both. Dr. Alperin: I think what the concern was that, when this Board was established, there was emphasis on having someone represent real estate, because of the concerns of real estate and also a business representative. I believe one of the business -2- , representacJ.ves did not live in this City and had children that were not going to City schools. HcCarty: That was Bill Wallace. Dr. Alperin: Right. And so, I think what the emphasis was, was to make sure that we don't eliminate those individuals and that we do want to continue the emphasis of having business and real estate representation on the board to make sure that those two views of the school system are kept. McCarty: Couldn't, if a Commissioner wanted to appoint somebody to a board, for instance at the time that this is going on - Bill's high profile in the Bond Issue and his involvement in the school issue - couldn't a Commissioner ask that the rules be waived and everybody agree to that person, to put him on for special - I mean - do we have to change the ordinance? Couldn't we change the ordinance - we can waive our own ordinance, can't we? Atty Kurtz: Yes, you can waive your own ordinance or you can amend it at that time. If you are contemplating something like that, it would be my suggestion to take care of it up front. McCarty: I don't think that I would ever intend to amend the ordinance, but I think what it would do is to put the burden on the Commissioner to justify why this person, who has no children in th schools and does not live in the town needs to be on that board and would have to make his case, instead of just putting a name out and everybody just sort of voting and nobody says anything. Kurtz: The thing about waivers is that they are generally granted on some sort of emergency basis and I fail to be able to contemplate, on this short notice, how there would be an emergency that would require an out-of-town--- McCarty: Aren't waivers also granted for special or unusual circumstances? I mean, these are our laws, our rules. Kurtz: They are. I understand that. Mayor: I agree with your original statement that the people with the vested interest - we should be able to find people in business or real estate who basically live in the City or have children here - that's not an unreasonable request, in my opinion. Dr. Alperin: This also would eliminate one member of the board right now who's expertise is in education. McCarty: Who? Alperin: Your appointment. -3- " \fcCan:y: He 1 i ves in the City. Alperin: He doesn't have children in the schools. McCarty; Or! Lives in the City or is a parent. He lives in the City - Woodlake. City Manager: If you want to have a particular interest represented, if you want a business owner and a realtor on the board, then you should say that - add another sentence that says at least one member shall be a business owner and one shall be a realtor. McCarty: And not have it be qualified, as to whether they live here or not? Atty. Kurtz: That situation, you can make, but presently you could have the entire board made up of people who simple have children going to the schools and none of them might be a real e.state person and none of them might be a business person. If it is your intent to always have that mix on the board, then that should be reflected within the ordinance and we can amend it--- McCarty: I would agree to put a business person - to say there should be a business person and a real tor on there, but that they should live in the City or have a kid going to school here. Mayor: What about and/or - that way you can do both or one. McCarty: Well, yes, that would be better for us both. Mr. Randolph: Because this doesn I t necessarily place one of those individuals on the Board, because It is going to be left up to the Commissioner that nominates that person as to what qualif ications they think he should have, in addition to the ordinance requirements. Mayor: Satisfied? Dr. Alperin: Yes. McCarty: Want to hear from Alice? Mayor: Its not really a Public Hearing - if you have something that is materially part of this..... Alice Finst: Yes, Alice Finst, I am on the Education Board. I think this conversation came from our group, because we did not want the beginnings of this Board lost in the transi tion of appointments. It started out with the crisis committee and that group plus educators and parents all need to be continuously represented and I don't know if this amendment that is proposed really targets in on the fact that we need an historical -4- , background for this Board, so 4 or 5 years from now when things are different, we haven I t forgotten where we started from and where we are going. I don't know how you can adjust that with your appointments. McCarty: It probably would be good to have somebody that has an education background also as a member. Now we have at least two, three, I think, that were teachers at one time or one was a superintendent, so we kind of - when we look at that Board, without being told to by ordinance, been looking for those type of people. But we could say, we'd like to have the Board make up - at least have one real estate interest, one business interest and one person with an educational background and at least one person as a parent - oh,oh, all of a sudden, we're picking the whole Board here, but, that's fine? That leaves two for--- Mayor: I'm not sure we need to be that specific - hopefully we're trying to pick the best-qualified person - we'll be l~oking for people with educational backgrounds, people who have children involved; people who are involved or want to be involved. McCarty: It seems like it. Alperin: It might be better to put the direction in the ordinance rather than the limitation. Mayor: O.K. That would make sense to me. Alice Finst: The important thing is that we not forget why this commi ttee was formed originally and that might happen if you don't have that intent in there. Mayor: Does somebody want to make a motion with an amendment to it. McCarty: I believe I put the motion on the floor and I will so amend it to reflect the intent of this ordinance to have representation from the business, real estate and education elements of the community when at all possible. Randolph: Accept. Andrews: I second that. Mayor: Does that still specify residency? McCarty: Oh, yes, that's already in here and the pa~nt part is in here. Kurtz: What you want is it to be known that that is the intent of this Commission; however, you do not want to make ita requirement that one of those people, so that you could have 7 -5- . " T~2;n.oers ,:hat did not fit into one of those categories and that ,,-,QuId be permissible. i--lcCarty: That Commission would have that leeway, but we're just trying to, as Alice said, to give them a perspective of history. Mayor: But the requirement would be that those people would either have children in school or live in the City? McCarty: Correct. Kurtz: We'll put that statement of intention in Section 32.28, Qualification of members. Mayor: There is a motion and second, as amended - any other discussion? Call the roll, please. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. M~Carty - Yes; Dr. Alperin. Said motion passed with a 5 to 0 vote. -6- .~,_.. . EXCERPT FReM REgULAR MEETING JULY 24, 1990 The City Attorney stated before the Commission was a modified version of Ordinance No. 24-90. This ordinance was modified pursuant to his understanding of direction received at the July 10, 1990, regular meeting at first reading. The language originally submitted by the Education Board was not acceptable, but on top of the language in Section 32.28 an additional sentence was added to indicate that it is the intent, if possible, that the membership of the Education Board, shall include members who have a background in business, real estate, and/or education. Mrs. McCarty stated plus, parent of children. The City Attorney stated with that basic preamble a person would still have to be living in the City or have a child who is attending a school within the City. Tom Fleming ,- 2850 Hampton Circle, stated at the last meeting of the Education Board there' was conversation about parents of children in Delray Beach schools, as opposed to living in a SAC designated to attend a Delray Beach School. Mrs. McCarty stated this issue had not been discussed. There are parents of children, who are not sending their children to Delray Beach School and are going to private schools, that maybe would if they could help change the perception. Mr. Fleming interjected some of whom live in the City or in a SAC designated to go to Delray Beach Schools. The Education Board thought it was fair to include SACs designated to go to Delray Beach school, which means if you live in an area that is supposed to go to a Delray school, you are at least eligible for appointment. Whether the Commission chooses to make the appointment is up to the Commission. The Mayor stated the other part, which was already pointed out, was the licensed real estate sales person or broker, instead of limiting it a realtor, was another change. The City Attorney stated if they are going to insert any of the language, he would like the definition of SAC. ,. . PUBLIC AND CITY COMMISSION COMMENTS FROM JUNE 8, 1993: Public Comments: II. d. (1) Mr. William F. Andrews, 217 N.E. 4th Street, De1ray Beach, who read into the record a prepared statement expressing his views relative to the City Commission's approach and procedures for construction of a new clubhouse at the municipal golf course (a copy of which is attached hereto and made a part of these minutes) . (2) Ms. Virginia Snyder, 38 S. Swinton Avenue, De1ray Beach, who stated she feels there is a real need for trash cans on West Atlantic Avenue. She advised there is block after block without a single trash can and people can't be expected to walk blocks to throw something away. While this may not correct all of the trash problem along the avenue, she feels it would greatly help the situation if there were at least three (3) trash cans on each block on both sides of the street. This would be a minimal expenditure to help clean up the image of the city. (3) Ms. Jean Beer, 945 Tropic Boulevard, De1ray Beach, who spoke on two issues: (a) First, concerning the parade, if the city gets some equestrian groups, some of them need to unload their trailers on soft surface. Ms. Beer inquired if it would be possible to use the area behind the City Attorney's office since that is largely sand and not planted? (b) Ms. Beer advised that she and her husband, Debra Dowd and June Carr had visited the alternative school earlier in the day. Her feeling is that it is very much like a private school concept for public school children, with emphasis on tight control and discipline. She expressed the opinion that the Carver School location would not be appropriate for this facility, and suggested the possibility of moving pine Grove Elementary into Carver, and move the alternative education project into the pine Grove facility. Commission Comments: (1) Mr. Ellingsworth: Addressed several items concerning the ~.~. tennis center, as follows: \ (a) The tennis court nearest N.W. 1st Avenue has about five bucida trees which are now blooming and shedding and it is a constant maintenance problem. He suggested trimming the trees and topping them a bit to correct the problem. Mr. Ellingsworth also suggested that in the future we look at putting in palm trees around that corner to tie in with the entryway into the tennis center. , . . (b) With respect to the security issues recently raised, Mr. Ellingsworth stated he felt the area will have to be fenced regardless of what the feeling might be. He felt that it could be done in an attractive manner which would not be offensive. His concern is not only with vandalism of the courts, but also from a safety standpoint since it has been reported that kids have been playing in the stands late at night. Further, he felt we could have better control for future tournaments if there was fencing in three areas (one in back by the Community Center, one by the foot of the Community Center where it would normally be for the tournament, and one on either side of the south side of the clubhouse). He felt that the cost would be minimal and asked that the City Manager report back on this item. The City Manager advised that it would be looked at during the planning for the second phase. (c) Discussed his concerns about putting the concessions on one of the tennis courts. In looking into this, he found that the city's cost on an annual basis is far in excess of $600. He suggested the possibility of cantilevering out from the existing seats about 50 feet, build permanent seating for 2,500 on top of that so that if we do get additional tournaments we dont't have the expense of bringing in temporary bleachers. If we had the extra 2,500 permanent seats, hopefully our cost could drop from $112,000 down to $50,000 for temporary seating, and the concession stands could then be placed under the facility. Mr. Ellingsworth requested that this scenario be looked into. The City Manager advised that this arrangement will be looked into, but also stated that the problem becomes that when more permanent seats are added, more restroom facilities and parking spaces must be provided to support the additional seating capacity. Mr. Ellingsworth asked that staff look into the possibility of putting the temporary seating on top of a cantilevered area in the location discussed. (2) Mr. Randolph: Concerning the previous public comment ~ ~- regarding the problem of trash on West Atlantic Avenue and \J' trash cans possibly being the solution, Mr. Randolph concurred that there is a need for additional trash cans; however, he also feels there is an enforcement problem. The littering which takes place is often blatant and he feels that a better enforcement effort is needed to bring the problem under control. (3) Dr. Alperin: With respect to information he had seen about the failure to collect traffic ticket fines and the impact ~. this has on the budget, it seems to him that traffic \0- enforcement efforts are rather low and he wondered what it would be by adding more traffic cops, do they pay for themselves from an enforcement standpoint and how can it be ~ . . , -, . made a profitable venture, collection-wise, so more Police (traffic) officers can be added if they can pay for themselves. He asked if any studies had been done in this regard? In response, the City Manager advised that in reviewing the problem, it is his understanding that four or five years ago, the Legislature dramatically increased the fines for traffic infractions. Since then, more and more warning tickets have been issued as opposed to real tickets because the Police officers are concerned about the high cost of the tickets. It is the officer's discretion whether or not to issue a ticket or a warning. However, Chief Overman does have in mind, if additional personnel is added, to add those kinds of community service officers as opposed to sworn officers. Dr. Alperin then commented that he had noticed a little blurb in the Delray Beach News on June 3rd relative to the newsrack issue. (4) Mrs. Smith commented as follows: (a) Thanked Kappa Alpha Psi fraternity for their efforts in cleaning up Lake Ida Road this past weekend, and encouraged similar efforts by other groups and organizations to take on responsibility for other roads or parts of roads throughout the city. Along this line, Mayor Lynch asked if the city had an active "Adopt-A-Highway" program? The City Manager advised that is a County program which is in effect for County roads in the city. Mayor Lynch suggested the city look at doing something similar. (b) Stated she had received correspondence inquiring if the Linton Boulevard Bridge had ever been dedicated as the "Jack L. Saunders Bridge", and if there was any memorial to Mr. Saunders on the bridge? (5) Mayor Lynch: (a) Stated that he would write a letter to Mary McCarty and to the new Chief Judge asking them to move forward with getting rid of the old Police station; and (b) Reported on the Economic Summit held today. While many ideas were reviewed, probably the main idea was that the County needs to come up with a pot of money (starting at $5 million all the way up to $50 million) which the cities could then participate in by using it to attract businesses to come into the communities. Mayor Lynch also noted that the Manager's information on a tax rebate was taken into consideration as well. AMH - 6/10/93 '. ,.