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06-22-93 Regular . , . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 22, 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments, However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commission retains the right to. limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction o'f the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, those individuals wishing to address public hearing and/or non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to 'complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to make your comments, kindly complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state, for the record, your name and address. All comments will be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred from speaking further to the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by majority vote of the Commission members present. ., ' City Commission Regular Meeting 6/22/93 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the pro~eedings 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 J _ _ ; ;-.1 aA. ~ ~ ; () J. { 1. Roll Call. fr~ -...<( . II'- ~. Invocation. ~ Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. .j___ 0 5. Approval of Minutes: &,p 0 4' Special Meeting of June 1,1993 A-t., , Regular Meeting of June 7, 1993 ~ Proclamations: A. Recognizing Korean War Veterans ~ B. Recognizing and commending the citizen's programs and ~~ organizations included in the All - America City application, V4. Presentations: None Vconsent Agenda: Ci ty Manager recommends approval. e - A '-1- () A. RESOLUTION NO. 63-93/SHIP PROGRAM: A resolution approving '\ \}- the Local Housing Assistance Plan pursuant to the State Housing IY Initiatives Partnership Program; establishing a maximum award schedule and maximum cost per uni tj authorizing the necessary certifications by the Mayor and authorizing the submission of the Plan to the station Housing Finance Agency. B. REOUEST TO HOLD SIDEWALK SALE/ATLANTIC AVENUE ASSOCIATION: Approve the request from the Atlantic Avenue Association to hold a sidewalk sale along Atlantic Avenue from 1-95 to A-1-A on July 2 and 3, 1993. C. AUTHORIZATION TO SUBMIT GRANT APPLICATION: Authorize staff to submit a grant application for funding in the amount of $70,000 to establish a Delray Beach Drug Free Community Program. -2- . City Commission Regular Meeting 6/22/93 D. AUTHORIZATION TO SUBMIT GRANT APPLICATION: Authorize staff to submit a grant application for funding in the amount of $25,000 from the Palm Beach County Sports Authority to defray the costs associated with the 1994 Virginia Slims Tennis Tournament. E. RATIFICATION OF FUNDING REOUEST/VETERAN'S PARK PLAYGROUND COMMITTEE: Approve a request for funding in the amount of $10,000 from the Veteran's Park Playground Committee; with funding from Decade of Excellence - Veteran's Park Redevelopment (Account No. 225-4126-572-61.63). F. VOLUNTARY DISMISSAL OF COUNTERCLAIM WITHOUT PREJUDICE/CITY OF DELRAY BEACH V. KURT KETTELHUT: Authorize the City attorney to file a voluntary dismissal of counterclaim without prejudice in the City of Delray Beach v. Kurt Kettelhut. G. AERO-DRI APPEAL: Authorize the City Attorney to move forward with the City's Appeal of the Aero-Dri matter before the Supreme Court. H. LANDSCAPE AGREEMENT/LAKE IDA CHURCH OF CHRIST: Approve an agreement with the Lake Ida Church of. Christ for the timed phasing in of landscape improvements at their site on Lake Ida and Roosevelt Roads. I. REOUEST FOR WAIVER OF PERIMETER LANDSCAPE REOUIREMENTS: Approve a request for waiver of Section 4.6. 16(H)(3)(d) to permit a one foot wide landscape strip along the north property line, adjacent to the parking area for Nanny's Attic located at 124 N. Swinton Avenue. J. REOUEST FOR FINAL PAYMENT/PROFESSIONAL ENGINEERING CONSULTANTS. INC. : Approve a request from Professional Engineering Consultants, Inc. in the amount of $554 for bidding and bid evaluation services in conjunction with the Rehabilitation of Sanitary Sewer Systems 8, 18 and 32; with funding from Water and Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). K. CHANGE ORDER NO. 4 AND REOUEST FOR FINAL PAYMENT/ BIMECAP CONSTRUCTION. INC. : Approve a deduct change order in the net amount of $1,420.95 and a request for final payment in the amount of $79.05 from Bimecap Construction, Inc. for completion of the City Attorney's Office Renovation project; with funding from 1987 Utility Tax - Renovate City Attorney's Office (Account No. 333-1651-514-61.50). L. REOUEST FOR FINAL PAYMENT/MOCK ROOS AND ASSOCIATES: Approve a request from Mock, Roos and Associates for final payment in the amount of $5,797.83 for consulting engineering services in conjunction with the Southwest Area Road Reconstruction Project; with funding from Decade of Excellence Bond Issue - Street Reconstruction Phase I (Account No. 225-3162-541-61.17). -3- '. City Commission Regular Meeting 6/22/93 M. CHANGE ORDER NO. 1/RIC-MAN INTERNATIONAL. INC. : Approve a deduct change order in the net amount of $11,313,20 and a request for final payment in the amount of $23,926.72 from Ric-Man International, Inc. for completion of the Southeast Transmission Main - Part B project; with funding from Water and Sewer Southeast Transmission Main Construction (Account No. 441-5181-536-69.06). N. RESOLUTION NO, 56-93: A resolution assessing costs for abatement action required to demolish unsafe structures at 124 S.E. 2nd Avenue. O. RESOLUTION NO. 57-93 A resolution assessing costs for abatement action required to demolish an unsafe structure at 236 S.E. 4th Avenue. P. RESOLUTION NO. 58-93: A resolution assessing costs for abatement action required to demolish an unsafe structure at 232 N.W. 8th Avenue. Q. RESOLUTION NO. 59-93: A resolution assessing costs for abatement action required to remove junked and/or abandoned vehicles from 13 properties located within the City. R. AWARD OF BIDS AND CONTRACTS: 1. Medical and Drug Supplies - Fire Department - Various vendors in the estimated annual amount of $76,427.67; with funding from Fire Operations - General Operating Supplies (Account No. 001-2315-526-52.20). 2. Housing Rehabilitation - 333 Roosevelt Avenue - Ray Graeve Construction in the amount of $19,040 with funding from CDBG Housing Rehabilitation (Account No. 118-1963-554-49.19). S. INTERLOCAL AGREEMENT WITH LAKE WORTH DRAINAGE DISTRICT: Approve an interlocal agreement with the Lake Worth Drainage District in conjunction with the construction and operation of the Morikami Wellfield. 9. zr Agenda: . REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS ~ OARDS: Consider accepting the actions and decisions made by the ~ Planning and Zoning Board, Site Plan Review and Appearance Board 1-/' () and the Historic Preservation Board during the period June 7, L' through June 18 1 1993. . RENTAL REHABILITATION AWARD/MJD CONSTRUCTION SERVICES: Consider awarding the bid for the rehabilitation of rental units located at 11-27 S.W. 2nd Avenue to MJD Construction Services in ~) the amount of $107,520; with funding from CDBG Housing Rehabilitation (Account No. 118-1975-554-34.65). ~ - A 3 '-1 -4- 0' City Commission Regular Meeting 6/22/9Y ~. REOUEST FOR MODIFICATION OF STANDARDS: Consider a request for Modification of Standards to permit a boat dock less than 25 feet from the property line at 631 Pelican Way . City Engineer jAcommendS approval. /t - ft-, J;- D .. RESOLUTION NO. 54-93: A resolution amending Resolution No. 108-92 which made appropriations of sums of money for all ~essarY expenditures of the City for the Fiscal Year 1992-93, ~. ?,by setting forth the anticipated revenues for the operating funds \/ of the City for the Fiscal Year 1992-93. A~ .' . ALLOCATION OF COMMUNITY REDEVELOPMENT AGENCY LOAN REPAYMENT: Consider staff's recommendations for the allocation of the Community Redevelopment Agency Loan repayment. F. Approve n agreement with Liddun International, Inc. for the marketing of the Tennis Stadium. ~- ~ ~- 0 . G( REOUEST FOR ADVANCED FUNDING AND USE OF TENNIS STADIUM/GOSPEL ~CONCERT: Consider a request from Dennis Enterprises, Ltd. for a funding advance in the amount of $9,017 to cover expenses and use ~ ~ of .. the Tennis Stadium to hold a gospel concert on July 24, 1993. ~,.l) L APPROVAL OF REOUEST /JULY 4TH 'CELEBRATION: Approve various request in conjunction with the July 4th Celebration. Ci ty Manager ::.:commends approval. R....... b L{ - 0 ,- . V/ RESOLUTION NO. 61-93/POLICE OVERTIME ISSUE: A resolution ~~.Jt~ \./Supporting the Roots Cultural Festival, Inc., in their efforts _~f to sponsor the Sixteenth Annual "Roots Cul tural Festival" in the ;e. - E... Ci ty of Delray Beach on July 11 through August 13 I 1993 i and I provide staff direction with regard to the police overtime issue. ~- 0 ~ONSIDERATION OF AMENDED PROPOSAL: Consider an amended proposal to alleviate overcrowding at Atlantic Community High School. p- E 4- - 0 ~ AUTHORI ZATION TO PROCEED WITH GREEN RENOVATIONS /MUNICIPAL GOLF COURSE: Consider alternAtives and auth.rize stAff t. seek proposals to renovate the !reens .Jt t~ Municipal G.lf C.urse. Ci ty Manager rec.mmends appr.val.",. -. fc... 4"0 ~ESOLUTION NO. 62-93: A resolution authorizing the execution of the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and Multi-jurisdictional Issues Coordination Forum Interlocal Agreement. City Manager recommends approval. 1. APPROVAL. OF ACTIONS TO PROVIDE FOR IMPLEMENTATION OF AGREEMENTS AUTHORIZED BY RESOLUTION NO. 62-93: Approve payment of membership fees in the amount of $500 and take various other administrative actions in conjunction with the implementation of the interlocal agreements authorized by Resolution No. 62-93. City Manager recommends approval. C. t"Y\ ~+IM \ 1< - A ..., - 0 _ 5 _ C eJ'.../\.Lc.+- A - Y'-- - 4- - Co) Pl~ City Commission Regular Meeting 6/227' . SERVICE AUTHORIZATION NO. 13/HAZEN AND SAWYER: Consider a service authorization in the amount of $32,832 to the contract with Hazen and Sawyer for consulting services to update the City's water and sewer models; model proposed improvements and train City personnel to use modeling software; with funding from Water and Sewer Renewal and Replacement Master Plan Update. City ~r recommends approval. c-p. *_0 . NED R . Consider a change order in the amount of also extends the contract completion date construction of miscellaneous City requested changes on the Veterans Park Redevelopment project; with funding from 1992 Bond Anticipation Note - Redevelopment Veterans Park (Account No ~ J-/ _ () 227-4126-572-61. 63). City Manager recommends approval. .tr'fll ~- ~ C, ~. REOUEST FOR FINAL PAYMENTS/POST. BUCKLEY. SCHUH AND JERNIGAN: Consider a request from Post, Buckley, Schuh and Jernigan for final payment in the total amount of $23,708.52 for completion of tasks under Service Authorizations 16, 16A, 16B, 17, 17A and 17B in conjunction with the 1/2 Million Gallon Elevated Storage and North Tank projects; with funding from Water and Sewer Rehab 1/2 Million Gallon Elevated Tank (Account No. 441-5162-536-61.79 - $2,636.55), Renewal and Replacemertt - Rehab 1/2 Million Gallon Elevated Tank (Account No. 442-5178-536-61.79 - $2,289.09) and North Tank (Account No. 441-5162-536-60.93 - $18,782.88). City Manager recommends approval. E-12- "f-O ~PPOINTMENT TO PARKING MANAGEMENT TEAM: Appoint a member to ~ the Parking Management Team to replace Janet Onnen. ,.q- E.... _ ~ - e> ~.. . Appoint a member to fill the expiring term oJ..,R~e. -JIJ $L--6 ~APPOINTMENT OF MEMBERS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint two members to fill the eXPiri~ terms ~f Apne Bright and > Michael M. Listick. A ~ f-c.c:L. ot. R -~ :u--'-G(.. J 14 C~.vI i;: I - c.t - 0 'I 10. Z Hearings, A.t.l..., ~'~ t. - "-6 ~ . COMPREHENS IVE PLAN Af:!E!lOM~lIT 9 J - ~ TRANSMI TTAI, H~RI NG , 3. J cl - "2, Authorize staff to forward Plan Amendment 93-2 to the State 't b ~~~)Depar~ment of Community Affairs. Planning and Zoning Board ~ ~/ L ~ v zends approval, s ubj ec t to conditions. t :J':r EmS .... . REOUEST FOR WAIVER OF THE SIGN CODE: Consider a request from the Chevron Station located at 1909 West Atlantic Avenue for waiver of Section 4.6.7 (D)(3)(n)(i) of the Sign Code to allow an ~ffl.i'lC increase from 12 square feet to 19.8 square feet per sign face to ~ \/~~advertise the price of gasoline at the facility. Site Plan Review S~ -- ~ and Appearance Board recommends approval. E _ /2.. ~ /1....0) -:--:::::: ~~. ~. ~ * ~~ ORDINANCE NO. 40-93: An ordinance amending the Land Development Regulations to accommodate the ability to affix a ~ [~~ o 7ta;) -6- . City Commission Regular Meeting 6/22/93 density suffix in the RM (Medium Density Residential) zone district. R-E :$-1 (n.~) tv.'// ORDINANCE NO. 39-93: An ordinance placing and rezoning ~~operty 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 I~a ~.~-L Plaza (southwest corner of Lake Ida Road and Congress Avenue). ~- ~ ~. LI-() V'.'u._ ORDINANCE NO. 42-93: An ordinance placing and rezoning property currently zoned POC (Planned Office Center) zone district in RM-8 (Medium Density Residential- Eight (8) units per acre) zone district, said land being located generally to the west and south of Lake Ida Plaza (southwest corner of Lake Ida tZo a and Congress Avenue). ,4.- C. 41- 0 . ORDINANCE NO. 41-93: An ordinance amending Ordinance No. 24-90 which created the Education Board by modifying Section 32.28 "Qualification of Members" to provide for the inclusion of a~tional membership criteria. e- ~ "1-- 0 ~ 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 and/or property owners from paying additional fees; and, amending Section 110.15, /"License Tax Schedule", by adding one new category. ~'- ~.I('lt...rt..) un(. Comments and Inquiries on Non-Agenda Items from the pU7C-Immediately following Public Hearings. ~ City Manager's response to prior public comments and in~ies. ~ From the Public. 12. First Readings: J;ff . ORDINANCE NO. 43-93: An ordinance amending the Code of (~ ~~ ~nances with re~ard to moveable fixtures within the road . ~~ right-of-way. If passed public hearing July 13, 1993. 4- ~ ,a-L ~. ORDINANCE NO. 44-93: An ordinance annexing the Taheri C t property located on the east side of Military Trail, south of ;' Linton Boulevard, north of the Del Aire subdivision; with initial City zoning of AG (Agricultural). If passed public hearing July 27, 1993. '-{--o 1<- 1+ 13. Co~ents and Inquiries on Non-Agenda Items: / vr::. Commission ~ City Attorney ~ ~ City Manager , t7--df: 10" tfD -7- '. City Commission Regular Meeting 6/22/93 "The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Doug Randolph, (407) 243-7127, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. " -8- .. ,. ,~ CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION ( ~ lr ,/ REGULAR MEETING - JUNE 22. 1993 - 6:00 P.M. ,") (., ,/ / PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED TO INCLUDE: T. RESOLUTION NO. 64-93: A resolution authorizing the appropriate City officials to execute the documents necessary to obtain the release of RCA Common Stocks. U. 1992 STREET RESURFACING PROGRAM: Approve additional roads to be improved in conjunction with the 1992 Street Resurfacing Program. .. . - - [ITY DF DELIAY BEA[H 1 ::;C ~. :, - . :: '. ~ ~ :'=-_..:0,:,. ~=.;..~.... .:. __.:_ __4-l.1 PROCL-UIA Tln\ WHEREAS, the Korean conflict (known as the Forgotten War) took place from 1950 to 1955: and, WHEREAS, our community has a continuing sense of gratitude to those veterans who did so much to preserve the American way of life; and, WHEREAS, the Korean War Veterans, Lt. Richard E. Cronan Chapter of Delray Beach has been established in memory of Lt. Cronan, a fighter pilot killed in action during the Korean conflict: and, WHEREAS, the Korean War Veterans Chapter is dedicated to working for the welfare of these veterans, their families, and those hospitalized in the VA facility in Miami, Florida. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby recognize the efforts of the Korean War Veterans, Lt. Richard E. Cronan Chapter, and commend them for their dedication and humanitarian service. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 22nd day of June, 1993. MAY 0 R THOMAS E. LYNCH SEAL (oA o. . - CITY DF DELAAY BEA[H ~OO'..l:J 'j:":"i::"~'v\: )CL4.4.Y ~~..:..'.:..... ::"_:"4',\)";' :344~ PROCLAJIA TIO,\ WHEREAS, the All-America City Award, presented annually since 1949 by the National Civic League, recognizes excellence in local efforts to strengthen the civic infrastructure of America's communities; and, WHEREAS, each year since 1949, the award has honored ten communities of all sizes for extraordinary civic accomplishments made possible by the cooperative efforts of business, government, the voluntary sector and individuals; and, WHEREAS, Delray Beach was so honored on May 22, 1993 at Tampa, Florida; and, WHEREAS, the community wishes to recognize and commend The Citizens of Delray Beach All-America City Committee - 1993 - and the following citizens' programs and organizations included in the All-America City application: VISIONS 2.()OO DECADE OF EXCELLENCE BOND OLD SCHOOL SQUARE CULTURAL ARTS CENTER CITIZENS POLICE ACADEMY CITIZENS OBSERVER PATROL POLICE EXPLORERS MADDADS & MADMOMS HABITAT FOR HUMANITY DELRAY MERCHANTS ASSOCIATION COMMUNITY REDEVELOPMENT AGENCY THE NEIGHBORHOOD TASK TEAM WEST ATLANTIC PROPERTY OWNERS ASSOCIATION DELRAY COMMUNITY DEVELOPMENT CORP. (LISC) PRESIDENTS COUNCIL SHARING FOR EXCELLENCE IN DELRAY SCHOOLS GREATER DELRAY BEACH CHAMBER OF COMMERCE EDUCATION ADVISORY BOARD PALM BEACH COUNTY SCHOOL BOARD DELRAY BEACH HISTORICAL SOCIETY DELRAY BEACH HISTORIC PRESERVATION BOARD PINEAPPLE GROVE SUPPORT GROUP BANKER'S ROW PROPERTY OWNERS ATLANTIC AVENUE MERCHANTS ASSOCIATION ART AND JAZZ ON THE AVENUE "LEADERSHIP DELRAY. DELRAY AFFAIR CULTURAL HERITAGE MONTH THE ROOTS FESTIVAL MARTIN LUTHER KING JR. DAY DELRAY HOUSING AUTHORITY HAITIAN AMERICAN COMMUNITY COUNCIL, INC. PROJECT MOSAIC MacARTHUR FOUNDATION ALLSTATE FOUNDATION FORREST C. LATTNER FOUNDATION FLORIDA DEPARTMENT OF HISTORIC RESOURCES DELRAY AUTOMOBILE DEALERS ASSOCIATION PRIVATE INDUSTRY COUNCIL PEACH UMBRELLA L,6 ., . [ITY DF DELIAY BEAEH 100 '\i,'IJ '')1; ~\i~\juE OE:..R"'-Y BE"'CH =LORIO"'- 33444 PROCLAJIA TIOl\' NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby salute the contributions these persons have made, and all the citizens of Delray Beach who have worked together to make Delray Beach an All-America City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 22nd day of June, 1993. MAY 0 R THOMAS E. LYNCH SEAL . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~ - MEETING OF JUNE 22. 1993 RESOLUTION NO. 63-93 DATE: June 18, 1993 This is a resolution approving the Local Housing Assistance Plan pursuant to the State Housing Initiatives Partnership (SHIP) Program; establishing a maximum award schedule and maximum cost per unit; authorizing the necessary certifications by the Mayor; and, authorizing submission of the Plan to the State Housing Finance Agency. Recommend approval of Resolution No. 63-93. .._.._-- ._-_..,-_.._---~ --- .. -.-.-.- .~--,_._-._.,- ~-_.- ---_..~_._------_._~ RESOLUTION NO. 63-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANT PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM, ESTABLISHING A MAXIMUM AWARD SCHEDULE AND MAXIMUM COST PER UNIT, AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE AGENCY, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida under specific authority established by State Statute, has established the Housing Initiative Partnership (SHIP) Program, which requires the City to develop a one to three year Local Housing Assistance Plan outlining how funds will be used; and, WHEREAS, the Act also requires adoption of a maximum award schedule of amounts and adoption of a cost per unit and the maximum cost per unit for eligible housing benefiting from awards made pursuant to the SHIP Program, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the maximum award schedule for SHIP funds under the City of Delray Beach program shall be $15,000 per unit. Section 2. That the maximum cost per unit for eligible housing benefiting from awards made pursuant to the SHIP program shall not exceed $75,000. Section 3. The City of Delray Beach is authorized to submi t the Local Housing Assistance Plan to the State of Florida Housing Finance Agency for its review and approval. Section 4. That the Mayor is authorized to execute the certifications required as a part of the Local Housing Assistance Plan on behalf of the City. Section 5. That this resolution shall become effective immediately upon its passage. --*-_._----- -. --- ----- ----_. --- -- ---- -- .---- -- -,--"- -- ---- - -- - - ----- - -- - --.-- - -- -_.~- - -- --- PASSED AND ADOPTED in regular session on this 22nd day of June, 1993. MAY 0 R ATTEST: City Clerk -2- Res. No. 63-93 ____~__.__._"_m..._""......__.__. .. . MEMORANDUM TO: DAVID HARDEN - CITY MANAGER L /:...., FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT I I \/' SUBJECT: APPROVAL OF RESOLUTION 163-93 LOCAL HOUSING ASSISTANCE PLAN DATE: JUNE 18, 1993 ITEM BEFORE THE COMMISSION: - - Commission approval of Resolution *63-93 providing for requirements pursuant to guidelines established under the State Housing Initiatives Partnership (SHIP) Program. Approval of this resolution established the Housing Assistance Plan and authorizes staff to submit it to the State Housing Finance Agency. BACKGROUND: The Commission approved Ordinance 2-93 which set forth the program parameters for the SHIP on February 23, 1993 and also appointed the members to the Affordable Housing Advisory Committee by Resolution *17-93 on March 10, 1993. The final Dortion of the transmittal is the approval of the Local Hou_~ng Assistance Plan which sets forth the program description for activities funded under the SHIP Program. The Housing Assistance Program is developed pursuant to the guidelines established under Rule *9I-37 and applicable sections of the Florida State statutues. RECOMMENDATION: Staff recommends approval of Resolution *63-93 authorizing staff to submit the Local Housing Assistance Plan to the State Housing Finance Agency. LB:DQ Attachments SHIP ShipLtr.CC STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN CITY OF DELRAY BEACH, FLORIDA FY 92-93, 93-94 AND FY 94-95 I. LOCAL HOUSING ASSISTANCE PLAN A. DESCRIPTION OF LOCAL PROGRAM The City of Delray Beach established a Local Housing Assistance Program with the adoption of Ordinance No. 2-93 on February 23, 1993. This program description has been created to promote and implement the goals of the City's SHIP program which are consistent with goals and objectives adopted within the Housing Element of the City's approved Comprehensive Plan. The City shall use the funds received from the State pursuant to the State Housing Initiative Partnership (SHIP) Program in the following manner: 1. Ninety percent (90%) of the funds shall be used by the City to implement the following locally designed strategies: (a) New Construction - Eligible sponsors shall be awarded funds to construct eligible housing for eligible persons, including assistance with lot acquisitions. (b) Rehabilitation - very low-income persons who own and occupy substandard housing units shall be awarded funds to renovate such units as eligible housing. (c) Purchase Assistance - Ownership opportunities shall be created for eligible persons through mortgage interest reductions, and/or low interest loans for down payments and closing costs. (d) Acquisition/Rehabilitation - Eligible sponsors may be awarded funds to acquire existing housing units for renovation to provide housing for eligible persons. (e) Impact Fee Assistance - Eligible sponsors may be awarded funds for the payment of impact fees for eligible housing for eligible persons. (f) Provide the local matching funds in order to obtain and use Federal housing grants with mandatory match requirements. --,-..._, . Page 2 Local Housing Assistance Plan City of Delray Beach, FL B. LOCAL HOUSING ASSISTANCE PLAN DURATION The City of Delray Beach intends to undertake the activities outlined in this plan for three (3) fiscal years, FY 92-93, FY 93-94 and FY 94- 95. All proposed program activities are identified in the plan and are on an annual basis. The Housing Assistance Plan does not involve an inter local agreement. All activities are carried out within the geographic boundaries of the City limits of the City of Delray Beach. C. LOCAL HOUSING ASSISTANCE PARTNERSHIP The City of Delray Beach, Community Improvement Department staff will work cooperatively with businesses and local agencies to create a Local Housing Partnership to facilitate implementation of various activities defined within the Housing Assistance Plan. The City has experience in the implementation and production of affordable housing program for a number of years. The City in partnership with the Palm Beach County Housing Partnership (a local non-profit organization engaged in developing affordable housing throughout the County) completed the construction of thirty six (36) single family homes within a subdivision known as "Allamanda Gardens. n We were also the recipient of one of the last Urban Development Action Grants (UDAG) where we, through a partnership with the developer, completed a 256- unit affordable rental complex. The City has managed an on-going housing rehabilitation program for owner-occupied units since 1985. The City will provide the leadership to bring together community-based organizations, for-profit housing developers, lending institutions, providers of professional services related to affordable housing and service organizations working on behalf of persons with special housing needs. The Local Housing Partnership shall assist the City with implementation of the Local Housing Assistance Program to leverage public/private dollars and to maximize the integration of the multiple programs now being administered by the City's Community Improvement Department. v Page 3 Local Housing Assistance Plan City of Delray Beach, FL D. PROGRAM ACTIVITIES GENERAL CONDITIONS: (1) All units constructed, rehabilitated or otherwise assisted with SHIP funds will be occupied by very-low, low-, and moderate- income persons and those who have special housing needs. A minimum of 30% of the units will be occupied by very low-income persons and an additional 30% will be occupied by low-income persons. The remainder (40%) will be occupied by persons who are moderate-income or very low- and low-income persons. Special needs category is included within these percentages. (2) Not less than 65% of the funds will be used for homeownership and not less than 75% of the funds will be reserved for construction, rehabilitation or emergency repair of eligible housing. (3) The sales prices for new or existing eligible housing shall not exceed 90% of the median area purchase price in the area where the eligible housing is located as established by the u.s. Department of Treasury in accordance with applicable sections of the U.S. Housing Act of 1937. II. IMPLEMENTATION STRATEGIES: The Plan provides for increasing the availability of affordable housing under three (3) strategies. These are: STRATEGY NO. 1 - HOMEOWNERS HIP - NEW CONSTRUCTION STRATEGY NO. 2 - HOMEOWNERSHIP/REHABILITATION STRATEGY NO. 3 - HOUSING REHABILITATION/OWNER-OCCUPIED EXISTING UNITS All individuals assisted with SHIP funds will be contractually subject to recapture as per the City's recapture requirements. These recapture provisions will be enforced by a note and mortgage on the property for those purchasing homes and an executed agreement between the City and property owner for those receiving rehabilitation assistance for existing homeowners. The maximum award of SHIP funds may not exceed $15,000 per unit. The maximum ceiling includes the aggregate of SHIP awards for purchase assistance and/or rehabilitation assistance which may be used in combination to provide housing unit to an eligible household. -~,_._^-,-_.,.__.._-- Page 4 Local Housing Assistance Plan City of Delray Beach, FL The proposed average cost per unit, SHIP dollars per unit and the number of units to be produced is identified by Fiscal Year under each strategy and in Tables I - III (appendix A). STRATEGY NO.1: HOMEOWNERSHIP - NEW CONSTRUCTION SHIP funds will be used in FY 93-94 and FY 94-95 to provide incentives for the construction of affordable housing for occupancy by very low-, low-income and moderate-income households through the provision of a combination of purchase assistance as follows: 1. Assistance with Construction Financing - Low or no-interest loans may be made for down payments to reduce the purchase price of units; the payment of closing costs and the payment of impact fees. (Ordinances adopted by Palm Beach County and the City of Delray Beach do not allow impact fees to be waived). Down payment assistance will be secured as a second mortgage on the property and may run for a period of up to 30 years with deferred loan payments. 0 Assistance provided will serve as a principal reduction of the amount borrowed from the private lender, the City assures that all persons assisted will pay no more than 30% of their income for principle, interest, taxes and insurance, PITI. STRATEGY NO. 2 - HOMEOWNERSHIP/REHABILITATION SHIP funds will be used in FY 93-94 and FY 94-95 to provide incentives in the form of purchase assistance and/or rehabilitation assistance to very low-, low- and moderate-income households to acquire existing units in need of some rehabilitation. 1. Horne Purchase Assistance/Rehabilitation - The assistance to very low- and low-income households to purchase existing homes which need repair and will be used as their principal home. Assistance provided will be in the form a deferred loan. This assistance will be secured as a second mortgage on the property and will run for 10 years and carry a 0% interest rate. For each year the household lives in the property as their principal residence 1/10 of the SHIP assistance amount and interest will be forgiven. Should the property be sold or the household fail to maintain the unit as their principal residence during the 10-year period, the amount remaining becomes due and payable to the SHIP Housing Trust Fund. o. Page 6 Local Housing Assistance Plan City of Delray Beach, FL ALLOCATION OF SHIP FUNDS BY PROGRAM YEAR FISCAL YEAR 1992/93 ANNUAL ALLOCATION $28,550 Housing Rehabilitation/Existing Units 28,550 Proposed Average Cost per unit ($15,000) Number of Units Assisted 2 Administration -0- Note: Monies from the City's "Bootstrap" Program (a general Revenue funded program) will be combined with SHIP funds to complete rehab projects. FISCAL YEAR 1993/94 ANNUAL ALLOCATION $65,585 Assistance with Construction Financing 44,385 Average Cost per unit ($8,880) Closing Costs 3,000 Average Cost per unit ($1,000) Housing Rehabilitation 15,000 Average Cost per unit ($15,000) Number of Units Assisted 9 Administration 3,200 Note: Maximum price for unit assisted is $75,000. SHIP funds may be combined in fiscal years 93/94 and 94/95 with available HOME funds to achieve maximum affordability to very low, low and moderate income households. FISCAL YEAR 1994/95 ANNUAL ALLOCATION $79,694 Assistance with Construction Financing 54,900 Average cost per unit ($9,150) Closing Costs 4,894 Average Cost per unit ($1,246) Housing Rehabilitation 16,000 Average Cost per unit ($8,000) Number of Units Assisted 12 Administration 3,900 Page 7 Local Housing Assistance Plan City of Delray Beach, FL IV. OTHER ACTIVITIES: Based on the limited dollars anticipated being awarded to the City of Delray Beach and given the planning and work with local non-profit organizations that have already taken place, this plan does not propose to use funds for other eligible activities during the three (3) year duration of the plan. Supportive housing activities such as housing and credit counseling, tenant counseling and other supportive services needed to facilitate affordable programs will be funded by other sources currently available to the City. Three (3) local banks and one bank consortium have agreed to provide home buyer training and credit counseling. The City is working with Habitat for Humanity developing a training program for the new homeowner to assist in making the transition from renter to homeowner. The City has other Federal program funds that will be used to compliment the SHIP program and needs identified to assist eligible persons with homeownership opportunities. V. PARTICIPANT SELECTION: 1. The Community Improvement Department will advertise the availability of home buyer assistance in local newspaper including the free throw-a-ways available to most residents, established homeowners associations newsletters, churches located in the established CDBG target area, and other organized methods that may be available. Additionally, staff will be responsible for the development of flyers describing the program to disseminate to various organizations and agencies including the Delray Beach Housing Authority, Habitat for Humanities and the non-profit local-based Community Development Corporations. 2. Applications for participation may be taken on specified dates if demand warrants. The initial advertised application period does not restrict individuals from making application at any time. All applications will be on a first corne, first served basis within the income groups to be served. 3. Eligibility of households will be determined in the same manner as eligibility for the City's Housing Rehabilitation Grant award program, which are modeled after the Section 8 Rental Assistance Program. The guidelines will be used to verify income, assets and other information required. Page 8 Local Housing Assistance Plan City of Delray Beach, FL 4. The City staff will select applicants from within the income groups as follows: (a) Income - household income will be verified to determine if household meets SHIP income guidelines. Households not meeting these guidelines will not be processed further and will be notified of their ineligibility. (b) Credit Worthiness - a credit report will be requested and reviewed with the participating lender. Only those households meeting the lenders credit standards will be processed further. Households with credit problems will be informed and referred for counseling assistance with the opportunity to be reconsidered at a later date. (c) Debt Ratio (Affordability) - applicants will be screened on lender income to housing debit ratios. Housing expenses (PITI) should not exceed 30% of household income. (d) Unit Sale Price/Purchase/Rehab Costs - the purchase price of the unit will be compared against program guidelines. Only units meeting these guidelines will be eligible for assistance. 5. Eligible applicants selected to participate will be awarded low or no-interest loans for purchase assistance and/or rehabilitation, to the extent necessary, within program guidelines, to make the eligible unit affordable to the eligible family. 6. The Department of Community Improvement staff in conjunction with the Local Housing Partnership will seek lending institutions to provide favorable financing for the selected applicants. 7. The City will develop an application process which will provide an open and fair process for awarding SHIP funds to eligible sponsors. VI. ASSISTANCE REQUIREMENTS: 1. Homes which are purchased under the SHIP Program may not have a sale price of $75,000 or a price which exceeds 90% of the median area purchase price as established under applicable sections of the U.S. Department of Treasury Housing Act of 1937. 2. All loans issued from SHIP funds may not have terms exceeding 30 years, except for deferred payment loans. Page 9 Local Housing Assistance Plan City of Delray Beach, FL 3. All units constructed, rehabilitated or otherwise assisted with SHIP Program funds must be occupied by persons who are very low-, low- and moderate-income households or persons with special housing needs. 4. Units constructed or rehabilitated with SHIP funds and sold to homebuyers will be subject to the City's subsidy recapture provisions. 5. The City ensures that the Local Housing Partnership, eligible sponsors and the City shall not d~scriminate in the loan application process of eligible persons for eligible housing on the basis of race, creed, religion, color, age, sex, marital status, national origin, or handicap in the loan application process for eligible housing. 6. Prior to receiving an award, all eligible persons or eligible sponsors shall enter into an agreement to comply with the affordable housing criteria provided under applicable sections of the Florida Statutes and this Plan. All eligible persons or eligible sponsors shall include in the deed transferring ownership of the property to the eligible person or eligible sponsor a covenant agreeing to comply with the terms of the above-described laws which covenant will run with the land or in the alternative, the agreement shall be made a part of the mortgage agreement. Failure to comply with the covenant in the mortgage shall result in a default of the mortgage with all remedies and rights for enforcement insuring to the benefit of the City. 7. SHIP funds may not be used as a pledge of the debt services on bonds or as rent subsidies. VII. PROGRAM INCOME: All interest earnings on monies deposited into the Trust Fund, monies repaid in accordance with program requirements and other contributions to the Trust Fund will be utilized pursuant to activities specified and identified with the approved Housing Assistance Plan in effect at the time the funds are disbursed. Page 10 Local Housing Assistance Plan City of Delray Beach, FL VIII. PROGRAM BENEFITS: The use of SHIP funds along with Community Development Block Grant (CDBG) fund s , General Revenue contributions awarded by the City, participation in the Palm Beach County HOME Consortium, leverages with private sector financing and technical support will provide the basis for increasing the supply of affordable housing for Delray Beach residents. The experience of City staff provides the opportunity to implement affordable housing programs on a timely basis. The City's emphasis on "Neighborhood Stabiliz~tion" and sup~ort of the same from the City Commission level provides a unique opportunity to increase the number of affordable units made available to our very low- , low- and moderate-income households. Developers and communi ty based non-profit groups will be encouraged to develop vacant lots located in the established CDBG target area. The City will continue its current efforts directed at eliminating slum and blighted conditions in .the target area through the preservation of existing single family owner-occupied units, investor- owned properties with very low-income tenants and other conditions contributing to the decline of such neighborhoods. The city believes such efforts will assist in making these areas more attractive for infill housing development. IX. ADMINISTRATION: 1. The Community Improvement Department's Community Development Division will be responsible for the administration of the Housing Assistance Plan. The City of Delray Beach has determined that it is necessary to use 5% of the SHIP allocation in FY 93-94 and FY 94-95 for administration. The funds shall be used to offset a portion of the operating costs. The Neighborhood Program Specialist position created by the City will be a general revenue expense during this plan period. Administrative Costs FY 92-93 -0- FY 93-94 3,200 Newspaper advertisements 800 Mail (dissemination of 400 flyers, correspondence to applicants, lenders) Audit 2,000 .____ ~____m...+__.' Page 11 Local Housing Assistance Plan City of Delray Beach, FL Administrative Costs FY 94-95 3,900 Newspaper advertisements 600 Mail 400 Audit 2,000 General office supplies 400 Printing costs 300 2. SHIP funds will be encumbered during the fiscal year in which they are received. An amended plan will be submitted if 50% or more of the distributed funds have not been encumbered by the mid-point of each fiscal yea r .' Fiscal year 1992-93 is not included in this provision. x. PLAN AMENDMENT: The City shall notify the Florida Housing Finance Agency promptly if the City will be unable to comply with the provisions of the Plan. This plan may be amended by resolution at any time. Plan amendments will be submitted to the State Review Committee within 21 days after adoption. 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~E) - MEETING OF JUNE 22. 1993 REOUEST TO HOLD SIDEWALK SALE - ATLANTIC AVENUE ASSOCIATION DATE: June 18, 1993 We have received a request from the Atlantic Avenue Association for authorization to hold their Annual 4th of July Sidewalk Sale on July 2nd and 3rd, along Atlantic Avenue from I-95 to A-l-A. Recommend approval of the request from the Atlantic Avenue Association to hold their Annual 4th of July Sidewalk Sale on July 2nd and 3rd, along Atlantic Avenue from I-95 to A-l-A. . . . . Agenda I tem No. : 'AGENDA REQUeST Date: 6/17/93 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 6/22/93 Description of agenda item (who, what, where, how much): Sidwalk Sale - July 2-3, 1993 along Atlantic Ave from 1-95 to AlA ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval Department Head Signature: ~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation ( if appl icable) : Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. MEMORANDUM TO: DAVID HARDEN - CITY MANAGER Ll? FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT SUBJECT: SIDEWALK SALE - JULY ~ .::. .JULY 3, 1993 DATE: JUNE 17, 1993 ITEM BEFORE THE COMMISSION: - - Commission approval is requested for the Atlantic Avenue Association to hold the Annual 4th of July Sidewalk Sale. BACKGROUND: The Commission has previously granted approval for the Annual Sidewalk Sale, which is held along Atlantic Avenue from 1-95 to AlA. The Association will again list the City of Delray as co- insure on their certificate of insurance for up to one million dollars. RECOMMENDATION: Staff recommends Commission grant approval for the Atlantic Avenue Association's Annual Sidewalk Sale, which will be held from July 2 - July 3, 1993. /dq Attachment D15 Sidewalk.AM '. . . ~ ~~ ~ . j j Atlantic Avenue 64 SOUTHEAST FIFTH AVENUE. DELRAY BEACH, FL 33483 . 407/278-0424 S t' 11 tun an i'~'?~ .tginal. """"'000< June 10,1993 Mr. David Harden RECEiVED City Manager 100 NW 1st Avenue JUN 1 4 1993 Delray Beach, FL 33444 CITy M RE: 4th of July Sidewalk Sale ~NAGER'S 0 FFleE Dear Mr.~-;-P~ The Atlantic Avenue Association requests the approval of the City to host the Annual 4th of July Sidewalk Sale on July 2nd and 3rd on Atlantic Avenue from 1-95 to AlA. As in the past, we will co-insure the City in our policy up to one million dollars. We look forward to your favorable reply. Cordially, <f,JY Bill Wood, President Delray Beach Chamber of Commerce RECE~VtE[) JUN 1 6 1~9j COMMUNITY IMPROVEMt;I~, ADMINISTRATION '" ""' . .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~~ - MEETING OF JUNE 22. 1993 AUTHORIZATION TO SUBMIT GRANT APPLICATION/GOVERNOR'S DRUG FREE COMMUNITY PROGRAM DATE: June 18, 1993 This item is before you to authorize staff to submit a grant application for funding in the amount of $70,000 to the Governor's Drug Free Community Program for the purpose of establishing a Drug Free Community program in the City. The proposed program would be developed as a joint effort between the Police Department and Mad Dads. Social, recreational and counseling services are proposed to address drug and alcohol abuse. This is a 90/10 matching grant program. The City's 10% contribution can be absorbed through the in-kind services of the Community Policing Program. Recommend staff be authorized to submit a grant application for funding in the amount of $70,000 to the Governor's Drug Free Community Program for the purpose of establishing a Drug Free Community program in the City. '. ' - , Agenda Item No.: I AGEHDA REQUEST Date: June 16, 1993 Request to be placed on: x Regular Agenda (Consent) Special Agenda June 22, 1993 Workshop Agenda When: Description of item (whol what I where I how much): Request City Commission a roval to submit a rant a lication to the Governor's Drug Free Communities Pro ram to obtain fundin in the amount of 70,000 to establish a Delra Beach Drug Free Community Program. This program will e a joint effort of our Police Department and MAD DADS. If approved, the City would be required to provide 10% matching funds which would come from in-kind services of the Community Policing Program. The grant would be for one year (October 1993 to September 1994). (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 to submit. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~~,~ ~ J Department Head Signature: RICHARD G. 0 ERMAN POLICE CHIEF . 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: I City Manager Review: ~ Approved for agenda: ~/ NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved I '. . ~ GOVERNOR'S DRUG-FREE COMMUNITIES PROGRAM PROGRAM SUMMARY FORM Program Title: City of Delray Beach Drug Free Community Program City of Delray Beach Agency/Organization: (Joint effort of Police Department an~ MbD DADS organization) Contact Person: Maria Marino. Police Planner Address: 300 West Atlantic Avenue Delray Beach, Florida 33444 Telephone Number: 407-243-7848 Program Status: New Grant -1L.- *Continuing Grant _ *If continuing grant, note previous years funded through the Governor's Drug-Free Communities Program. FY 1989-90 - FY 1991-92_ FY 1990-91_ FY 1992-93_ Please give brief description of the following: Target Population (include number to be served): Economically disadvantaged youth and adults in the City's community development block grant area (enterprise zone). Will provide service to a maximum of 300 qualified individuals. Program Components (Le. tutoring, cultural events, recreational activities, etc.): The program is designed to provide the following: Consumer Education, Social Skills, Remedial Education, Drug Dependency Education, Ecology, Cultural Enrichment as well as Teen Socials and Midnight Basketball. These programs will address drug and alcohol prevention. Funding Amount Being Requested: $70,000 Geographical Service Area County Serviced: Palm Beach County HRS District: 9 . .' '. ' <' PROREAL NARRATIVE 1. St:a.t:aJpnt: of Prrhl an am Need far SEmr.i.ces In M:ly of 1992, the City of Del:ray Beach organized a Drug Task Force in order to identify the various problems surrounding drug usage in our camunity. This Task Force evolved as the direct result of growing concern am:mg lawenforcarent, the school systan, carmmity leaders and local drug treatment providers who had observed a narked increase in substance abuse arrong African American, Haitian, and Hispanic youth in the Camunity Developrent . Block Grant target area. '!he Depart.nent of Health and Rehabilitative Services Children Youth and Family Services Division reported that the total nunt>er of delinquency cases received by H.R.S. Intake in District #9 during 1990-91 was 43% greater than the n.urrber received in 1982-83. '!he nunt>ers continue to rise in 1992-93. In Palm Beach County, it is estirrated that anywhere fran 70-90% of the juvenile arrestees are drug-related (State of the Child Report, Palm Beach Children I S Service Council) . '!he Del:ray Beach target area has been identified as the third. largest for drog dealing in Palm Beach County. '!he rraj ority of those selling drugs are between the ages of 12 to 25 years old. '!hese prablEm3 have tom a neighborhood apart, created devastating problems for its residents and have created an at:.m:Jsphere of fear and violence am:mg the citizens of this once-quiet and peaceful neighborhood . Collabo:rating with the City of Del:ray Beach '!ask Force, and tesing our need on their recarrrendations to support a variety of school-, camunity-, and cln.1rch -tesed afterschool programs , this grant proposal has been prepared to begin to address the prablan. 'Ib the best of our knowledge, very few of the youth in our target area are currently involved in being provided. prevention or intervention services. '!he follCMing programs are located in the Del:ray Beach area and do provide various prevention services: 1) D.A.R.E. (Drug Abuse Resistance Education) - 4,500 participants. Putpose: 'Ib equip youth with skills for resisting peer pressure to experirrent with alcohol or other drugs. 2) City'S and Schools program - 287 participants Putpose: To identify and provide intervention to at- risk youth fran dropping out of school. Ccnprehensive planning for the coordination of these prevention services will be accarplished by the City of Del:ray Drug '!ask Force Working Ccmnittee. In addition, a working relationship will be established through the Palm Beach County Substance Abuse Coordinator. . " '. - , The proposed City of Delray Beach program does not duplicate other camunity services. '!he City of Delray Drug 'Iask Force Working Camrl.ttee is carmitted to cooperating with and carplarenting all other service providers. 2. Definiticn of 'larget Iqlulaticn It is generally accepted that poverty is a rrajor contributor that leads youth into drug use and sales. The percentage of families living in the City's Ccmrunity Developrent Block Grant Target Area who are below the IXJVerty level is 30% . For this reason, the City of Delray Beach Drug-Free Camunities program is a.inEd precisely at . these econanically disadvantaged high-risk youth. This area also represents a higher percentage of single-parent households than the rest of the City which leads to a lack of sufficient role rrodels, etc. The rrajor sub-section of our ta:rget population is the high-risk 5th grader. This "group" of young people are at an age and - socialization point tbat is easy to influence. Pressures are heavy at this age and t:irre of rrove:rent fran a place of canfort to an unknown and often intimidating area (fran elarentary to middle school) . By including this vulnerable group of young people into our program, we intend to nake certain that these young people leam. about altemative and rrore positive lifestyles. 'Ihi.s program will se:rve a rrax.:i.mJm n.unber of 300 young people during the grant period. ---~". -....-- . .' . '. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM ~ <?J> - MEETING OF JUNE 22. 1993 AUTHORIZATION TO SUBMIT GRANT APPLICATION DATE: June 18, 1993 This item is before you to authorize staff to submit an application to the Palm Beach County Sports Authority for funding in the amount of $25,000 to defray the costs associated with the 1994 Virginia Slims Tennis Tournament. The grant funding will be used to reimburse the City for certain allowable rental and contractual expenses associated with the tennis tournament. A list of proposed uses and their respective costs is attached as backup material for this item. Recommend authorization to submit a grant application to the Palm Beach County Sports Authority. '. , I Agenda Item No.: AGENDA REOOEST Date: June 7, 1993 Request to he placed on: XX Regular Agenda Special Agenda Workshop Agenda When: June 22, 1993 Description of item (who, what, where, how much): Request City Commission approval to submit grant application to the Palm Beach County Sports Authority to obtain funding in the amount of $25.000 to help defray allowable rental and contractual expenses associated with the 1994 Vir~inia Slims Tennis Tournament. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation: Recommend approval to submit (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: City Attorney Review/ Recommendation (if applicable): .. . Budget Director Review ( required on all items involving expenditure of funds): - Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: [j$/ NO rJ01 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved I I I I .. . MEMORANDUM TO: David T. Harden, City Manager FROM: Doug RandolPh~nts/Training Coordinator THRU: Edward J. Gusty, Director of Human Resources~. DATE: June 7, 1993 SUBJECT: REQUEST CITY COMMISSION APPROVAL TO SUBMIT GRANT APPLICATION TO THE PALM BEACH COUNTY SPORTS AUTHORITY TO OBTAIN FUNDING FOR THE 1994 VIRGINIA SLIMS TENNIS TOURNAMENT. As per the attached announcement from the Palm Beach County Sports Authority we are making formal application to obtain $25,000 to help defray allowable rental and contractual expenses related to the 1994 Virginia Slims Tennis Tournament. The application deadline is July 1, 1993. I am preparing the application using data gathered at the 1993 Tournament by Sunbelt Research. The attached budget information is from the proposed budget from Parks and Recreation. At this time we do not have a copy of the grant agreement which is currently undergoing revisions. As with last year, it is imperative that the City Attorney as well as officials from Liddun International review the terms and conditions as set forth in this agreement. There will be ample time for this review between the submission of our application and notification of award. With the above in mind, I recommend that we make application for these funds and that this item be placed on the June 22, 1993 regular City Commission meeting agenda. attachments DGR/sports cc: Joe Weldon, Director of Parks and Recreation Susan Ruby, City Attorney Sharon O'Connor, Liddun International '. . . PALM BfJ\CH COUtlTY SPORTS A Un-lORlTY, INC 1555 PALM BEACH L\KES BLVlJ, SUITE 204, \VFSI PALM BEACH, FLOll~JDi\ 3J.t01 TELEPHO:-.JE (407) 233-1015 FACSIMILE (407) 471-399tJ: TO: Grant Applicants FROM: Pam Gerig Executive Director Palm Beach County Sports Authority, Inc. ....- -,~~ '.~ RE: APPLICA TION DEADLINES In order for the Palm Beach County Sports Authority, Inc. Grant Applications to be reviewed by the Authority, Tourist Development Council, and Board of County Commissioners, the following semi-annual deadlines will be adhered to: FOR EVENTS HELD: APPLICATIONS RECEIVED NO LATER THAN: After October 1, 1993 July 1, 1993 After April 1, 1994 January 1, 1994 Any exceptions to these guidelines must be initiated by contacting the Sports Authority Office. Thirty-five (35) copies of the grant application and supporting material are required to be in the Sports Authority Office by the respective deadline. PG/bg 0: deodline j, ... THE PLACE To PLAY '. . ATTACHMENT ... COST ESTIMATES FOR VIRGINIA SLIMS TENNIS TOURNAMENT FOR 1994 WASTE COLLECTION AND DISTRIBUTION: Temporary Toilet Facilities "Crowd Pleasers"..................$ll,OOO ELECTRICITY: Electricity Service Charges...................................$ 3,000 GENERAL OPERATING SUPPLIES: Plywood for Temporary Floors.................................. $ 3,000 Installation of Temporary A/C Units...........................$ 1,200 Miscellaneous Items........................................... $ 2,800 -------- $ 7,000 OTHER REPAIR/MAINTENANCE COSTS: Install Temporary Fencing...................... ...............$ 2,500 Temporary Electrical Hook -Ups. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000 ------- $ 3,500 OTHER RENTAL/LEASE COSTS: Parking Lot Light Rental....................... ...............$ 3,000 Message Signs Rental.......................................... $ 2,400 Ticket Trailer................................................ $ 1.500 Tents, Tables/Chairs, Floor Covering, etc.....................$28.000 Temporary Bleachers (5200 seats)............................ .$105,970 -------- $140,870 OTHER PROFESSIONAL SERVICES: Economic Impact Study.........................................$ 3,400 TOTAL: $168,770 DGR/slims . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: (cITY MANAGER ~E SUBJECT: AGENDA ITEM it - MEETING OF JUNE 22. 1993 RATIFICATION OF FUNDING REOUEST/VETERANS PARK PLAYGROUND COMMITTEE DATE: June 18, 1993 At the June 8th regular meeting, the Veterans Park Playground Committee made a presentation which included a request for funding in the amount of $10,000. The Commission, by consensus, approved the request. This item is before for you to formally ratify that consensus approval. Recommend approval of the request from the Veterans Park Playground Committee for funding in the amount of $10,000; with funding from Decade of Excellence - Veterans Park Redevelopment (Account No. 225-4126-572-61.63). ., . - Agenda Item No. : AGENDA REQUEST Date: June 11, 1993 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 22. 1993 Description of agenda item (who, what, where, how much) : On June 8, 1993 City Commission agreed to make a donation of $10,000 to the Robert Leathers playground being built at Veterans Park. ORDINANCE/ RESOLUTION REQUIRED: YE@ Draft Attached: YES/NO Recommendation: Department Head Signature: Determination of Consistency w Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: I Agenda Coordinator Review: Received: Action: Approved/Disapproved .. . . . [ITY DF DELAAY BEA[H 100 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Veterans Park Playground DATE: June 11, 1993 As you are aware, the Veterans Park Playground Committee made a presentation to City Commission on June 8, 1993 regarding the status of the Robert Leathers-designed playground that will be built at Veterans Park. The Veterans Park Playground Committee now totals about 110 people, and they are coordinating the design, construction and funding of the playground. The total anticipated cost of the playground is $90,000 of which the Committee has raised about $23,000. The total value of the playground, when constructed, is estimated to be in the range of $200,000 to $250,000. The Playground Committee requested, and City Commission agreed, to a donation of $10,000 toward this project. Please place this on the agenda for City Commission consideration for June 22, 1993, and charge to account #225-4126-572-61.63. -. \ / (\ .. -Q_ L-/ -e;J~/{~ Jo Di Parks and Recreation JW:cp Ref:dhvtplay THE EFFORT ALWAYS MATTERS .. t~~ [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33~44 FACSll\llLE 4ll7127S-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: June 10, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Kurt Kettelhut vs. the City of Delray Beach - Voluntary Dismissal of Counterclaim Without Preiudice This case concerned the termination of a landscape design contract between the City and Kettelhut in December of 1989. The arbitrator denied Mr. Kettelhut's claim for $90,000.00, but awarded $31,000.00. There remains outstanding, the City's counterclaim for breach of contract. Our office recommends that we voluntarily dismiss the City's breach of contract counterclaim without prejudice. If Mr. Kettelhut asserts a breach of contract claim against the City in the future, we would not be foreclosed by the voluntary dismissal from reasserting any remaining claims not settled by the arbitration. It is our office's recommendation that this litigation be brought to a close, and that our resources be directed to other pressing litigation matters. Please call if you have any questions. By copy of this memorandum to the City Manager, our office recommends that this matter be placed on the City Commission consent agenda of June 23, 1993 for approval. ~ kette12.sar CC David Harden, City Manager ,?F .t ' ..,., . ~ [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 l"W 1st AVENUE' DEW'rl t!~t(iI9 Ft11~~t34t:ine FACSlt'-.lILE 4(J7!2h-~75.' (407) 243-7091 MEMORANDUM DATE: June 9, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Aero-Dri Appeal Our office seeks City Commission approval to move forward with the City's Appeal before the Supreme Court in the above-stated case. Steven Berger, Esq. of Wolpe, Leibowitz, Berger and Brotman will be handling this Appeal as well as responding to the Appeal by Davey Compressor, Inc. By copy of this memorandum to David Harden, our office requests this matter be placed on the June 22, 1993 consent agenda for City Commission approval. ~ SAR:ci cc David Harden, City Manager ?G .. 7~~,I~ . . - [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 20ll NW ISl AVENUE' DELRAY BEACH, FLORIDA 33444 L\CSI1\lILE 407/278..l755 Wr~t_r'. D~r_at ~~n_ (407) 243-7090 MEMORANDUM Date: June 16, 1993 To: City Commission ~ From: David N. Tolces, Assistant City Attorne Subject: Agreement with Lake Ida Church of Christ to Insure Completion of Landscape Improvements Attached is a proposed agreement to be entered into between the City and Lake Ida Church of Christ. At its last meeting, the Commission granted the church a conditional certificate of occupancy permitting occupancy without posting a landscaping bond as required under Section 2.4.10(G) of the LDR's. This agreement outlines the Church's duties to install the land- scaping pursuant to a specific schedule. The schedule for installing the landscaping is as follows: Phase I Install all landscaping on the north end of the Church out to Lake Ida Road, by July 31, 1993. Phase II Install the balance of the landscaping surrounding the Church, install perimeter landscaping along Roosevelt Drive, as well as parking lot interior trees by November 30, 1993. Phase III Install balance of ground cover within interior parking lot and perimeter trees along south property line by January 31, 1994. The City will have the right to revoke the conditional certificate of occupancy if the Church fails to comply with the above dates. Our office recommends approval. If you have any questions, please call. DNT: sh Attachment cc: David Harden, City Manager Lula Butler, Director of Community Improvement Cheryl Leverett, Executive Assistant church-2.dnt , . AGREEMENT THIS AGREEMENT, entered into this _ day of , 1993 (hereinafter referred to as the "Agreement"), by and between the CITY OF DELRAY BEACH, FLORIDA, and its successors and assigns, (hereinafter referred to as "City"), a municipal corporation existing under the laws of the State of Florida, and the LAKE IDA CHURCH OF CHRIST, and its successors and assign (hereinafter referred to as the "Church of Christ"). WIT N E SSE T H: WHEREAS, the City Commission at its meeting of May 25, 1993, waived the requirements contained in Section 2.4.10(G), "Landscaping Bond" in order to allow Church of Christ to obtain a conditional certificate of occupancy that having ta-- first install their landscaping pursuant to the approved plan, and without having to post a landscape bond; and WHEREAS, in consideration for the City Commission's decision to waive the above requirements, and to allow it to occupy the site, the Church of Christ desires to set out a schedule for completion of the landscaping improvements; and WHEREAS, the City and the Church of Christ agree that the Church will complete 100% of the landscaping plan as required by their site plan, no later than January 31, 1994. NOW, THEREFORE, pursuant to the respective powers granted to the City and in consideration of the mutual covenants contained herein, the parties mutually agree as follows: 1 '. ~ Section 1. Installation Schedule. The Church of Christ shall complete the landscaping as indicated on the site plan which is attached hereto as Exhibit "A" pursuant to the following schedule: Phase I Install all landscaping on the north end of the Church out to Lake Ida Road, by July 31, 1993. Phase II Install the balance of the landscaping surrounding the Church, install perimeter landscaping along Roosevelt Drive, as well as parking lot interior trees by November 30, 1993. Phase III Install balance of ground cover within interior parking lot and perimeter trees along south property line by January 31, 1994. Section 2. Inspection. Church of Christ shall notify City at the time improvements are installed in order that City may make a prompt inspection of the landscaping improvements. Section 3. Default. City shall have the right: ------- a. To install the improvements and recover from the Church of Christ the cost for materials and labor expended to install the improvements if the improvements are not installed by the above-mentioned dates. Prior to doing any work on the property, the City shall provide the Church of Christ with thirty (30) days written notice of its intent to install the landscaping improvements. b. To revoke the conditional certificate of occupancy issued by the City Commission of the City of Delray Beach on May 25, 1993 if the landscaping improvements are not installed pursuant to the schedule outlined in Section 1 of this agreement. 2 '. ' - Prior to revoking the conditional certificate of occupancy, the City shall provide the Church of Christ with thirty (30) days written notice of its intent to revoke the conditional certificate of occupancy. c. To enforce the provisions herein, including but not limited to, specific performance in a court of law or equity. Section 4. Multiple Counterparts. This agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. Section 5. Severability of Invalid Provisions. If any clause, provision nor section of this agreement be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not effect any of the remaining '--- clauses, provisions or sections hereof, and this agreement shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein. Section 6. Governing Law. This agreement shall be governed by the laws of the State of Florida with venue in Palm Beach County, Florida. Section 7. Modification. No modification or extension of this agreement shall be valid unless the same is in writing and signed by both parties. Section 8. Notice. Any notice require under this Agreement shall be sent via .u.S. Mail, return receipt requested, to: 3 '. ' ~ Church of Christ: Minister I. Spivey 703 Place Tovant Delray Beach, Florida 33445 City of Delray Beach: David Harden City Manager's Office 100 N.W. 1st Avenue Delray Beach, Florida 33444 IN WITNESS WHEREOF the parties hereto have entered into this agreement the day and year first written. WITNESS: LAKE IDA CHURCH OF CHRIST By: (Type or Print Name) (Type or Print Name) CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor City Clerk Approved-a-s... to Form and Legal Sufficiency: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1993 by (name & title of officer or agent) of (name of corporation acknowledging), a (state or place of incor- poration) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of 4 '. - "! 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 church.agt 06/10/93 .-----. 5 '~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM i ~ it - MEETING OF JUNE 22. 1993 LANDSCAPE AGREEMENT/LAKE IDA CHURCH OF CHRIST DATE: June 18, 1993 This item is before you to approve a landscape agreement with the Lake Ida Church of Christ for the timed phasing in of landscape improvements at their site on Lake Ida and Roosevelt Roads. At the May 25, 1993 regular meeting, the Commission approved a request from the Lake Ida Church of Christ for waiver of Land Development Regulation Section 2.4.10 (G)(l) and (2), "Landscaping Bond", to permit the issuance of a conditional Certificate of Occupancy without the installation of required landscaping or posting of a landscape bond. That approval was contingent upon a landscape agreement being prepared which set forth the schedule for completing the landscaping. The City Attorney's office has prepared the agreement. The schedule for landscape is in three phases; with Phase III to be complete by January 31, 1994. Should the Church of Christ fail to comply with the dates set forth in the agreement, the City has the right to revoke the conditional certificate of occupancy. Recommend approval of the landscape agreement Lake Ida Church of Christ. '. ' . " [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE -'"" :\\\' 1,1 c\\'E!\'t:E . DELRAY BEACH, FLORIDA 33444 }.\CSi;',1JLF 407,:278.4755 Wr~t_r.. D~r_ct L~n_ (407) 243-7090 MEMORANDUM Date: June 16, 1993 To: City Commission Assistant City Attorne~ From: David N. Tolces, Subject: Agreement with Lake Ida Church of Christ to Insure Completion of Landscape Improvements Attached is a proposed agreement to be entered into between the City and Lake Ida Church of Christ. At its last meeting, the Commission granted the church a conditional certificate of occupancy permitting occupancy without posting a landscaping bond as required under Section 2.4.l0(G) of the LOR's. This agreement outlines the Church's duties to install the land- scaping pursuant to a specific schedule. The schedule for installing the landscaping is as follows: '--.----- Phase I Install all landscaping on the north end of the Church out to Lake Ida Road, by July 31, 1993. Phase II Install the balance of the landscaping surrounding the Church, install perimeter landscaping along Roosevelt Drive, as well as parking lot interior trees by November 30, 1993. Phase III Install balance of ground cover within interior parking lot and perimeter trees along south property line by January 31, 1994. The City will have the right to revoke the conditional certificate of occupancy if the Church fails to comply with the above dates. Our office recommends approval. If you have any questions, please call. DNT:sh Attachment cc: David Harden, City Manager Lula Butler, Director of Community Improvement Cheryl Leverett, Executive Assistant church-2.dnt . AGREEMENT THIS AGREEMENT, entered into this _ day of , 1993 (hereinafter referred to as the "Agreement"), by and between the CITY OF DELRAY BEACH, FLORIDA, and its successors and assigns, (hereinafter referred to as "City"), a municipal corporation existing under the laws of the State of Florida, and the LAKE IDA CHURCH OF CHRIST, and its successors and assign (hereinafter referred to as the "Church of Christ"). WIT N E SSE T H: WHEREAS, the City Commission at its meeting of May 25, 1993, waived the requirements contained in Section 2.4.10(G), "Landscaping Bond" in order to allow Church of Christ to obtain a conditional certificate of occupancy that having to--- first install their landscaping pursuant to the approved plan, and without having to post a landscape bond; and WHEREAS, in consideration for the City Commission's decision to waive the above requirements, and to allow it to occupy the site, the Church of Christ desires to set out a schedule for completion of the landscaping improvements; and WHEREAS, the City and the Church of Christ agree that the Church will complete 100% of the landscaping plan as required by their site plan, no later than January 31, 1994. NOW, THEREFORE, pursuant to the respective powers granted to the City and in consideration of the mutual covenants contained herein, the parties mutually agree as follows: 1 . ' . .- Section 1- Installation Schedule. The Church of Christ shall complete the landscaping as indicated on the site plan which is attached hereto as Exhibit "A" pursuant to the following schedule: Phase I Install all landscaping on the north end of the Church out to Lake Ida Road, by July 31, 1993. Phase II Install the balance of the landscaping surrounding the Church, install perimeter landscaping along Roosevelt Drive, as well as parking lot interior trees by November 30, 1993. Phase III Install balance of ground cover within interior parking lot and perimeter trees along south property line by January 31, 1994. Section 2. Inspection. Church of Christ shall notify City at the time improvements are installed in order that City may make a prompt inspection of the landscaping improvements. Section 3. Default. City shall have the right: --- a. To install the improvements and recover from the Church of Christ the cost for materials and labor expended to install the improvements if the improvements are not installed by the above-mentioned dates. Prior to doing any work on the property, the City shall provide the Church of Christ with thirty (30) days written notice of its intent to install the landscaping improvements. b. To revoke the conditional certificate of occupancy issued by the City Commission of the City of Delray Beach on May 25, 1993 if the landscaping improvements are not installed pursuant to the schedule outlined in Section 1 of this agreement. 2 .. ' Prior to revoking the conditional certificate of occupancy, the City shall provide the Church of Christ with thirty (30) days written notice of its intent to revoke the conditional certificate of occupancy. c. To enforce the provisions herein, including but not limited to, specific performance in a court of law or equity. Section 4. Multiple Counterparts. This agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. Section 5. Severability of Invalid Provisions. If any clause, provision nor section of this agreement be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not effect any of the remaining ------ clauses, provisions or sections hereof, and this agreement shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein. Section 6. Governing Law. This agreement shall be governed by the laws of the State of Florida with venue in Palm Beach County, Florida. Section 7. Modification. No modification or extension of this agreement shall be valid unless the same is in writing and signed by both parties. Section 8. Notice. Any notice require under this Agreement shall be sent via U.S. Mail, return receipt requested, to: 3 .. .- Church of Christ: Minister I. Spivey 703 Place Tovant Delray Beach, Florida 33445 City of Delray Beach: David Harden City Manager's Office 100 N.W. 1st Avenue Delray Beach, Florida 33444 IN WITNESS WHEREOF the parties hereto have entered into this agreement the day and year first written. WITNESS: LAKE IDA CHURCH OF CHRIST By: (Type or Print Name) (Type or Print Name) CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor City Clerk Approved CiS... to Form and Legal Sufficiency: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1993 by (name & title of officer or agent) of (name of corporation acknowledging), a (state or place of incor- poration) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of 4 .. ..-. 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 church.agt. 06/10/93 -- -- 5 '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM ~ ~~ - MEETING OF JUNE 22. 1993 REOUEST FOR WAIVER OF PERIMETER LANDSCAPE REOUIREMENTS DATE: June 18, 1993 We have received a request for waiver of Land Development Regulation Section 4.6.16 (H)(3)(d) to permit a one foot wide landscape strip along the north property line, adjacent to the parking area, for Nanny's Attic located at 124 N. Swinton Avenue. This request is in conjunction with a development proposal to convert an existing single family residence into a craft shop. The associated improvements to the site include construction of a five space parallel parking area on the north side of the property; construction of a four space back-out parking area adjacent to the alley; and installation of associated landscaping and fencing. Section 4.6.16 (H)(3)(d) requires a five foot landscape buffer between the property line and parking area. It also requires that hedges and trees be installed within that buffer. Taking into account the physical constraints of the site, the existing buffering and the need to work the parking areas around the existing buildings, staff feels it is appropriate to grant the waiver request. The Historic Preservation Board at their June 16th meeting recommended approval of the waiver request to reduce the perimeter landscape to one foot and of the requirement to provide trees every 30 feet between the parallel parking spaces and the north property line. Recommend approval of the request for waiver of Land Development Regulation Section 4.6.16 (H) (3) (d) for Nanny's Attic; pursuant to positive findings with respect to Land Development Regulation Sections 2.4.7 (B)(5)(a - d). ;1.' . Rl"f;€ - C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: VAC~ECTOR OF PLANNING AND ZONING FROM: Y A. COSTELLO ING TECHNICIAN II SUBJECT: MEETING OF JUNE 22, 1993 CONSIDERATION OF A WAIVER TO THE PERIMETER LANDSCAPING REQUIREMENTS [SECTION 4.6.16(H)(3)(d)] FOR NANNY'S ATTIC (124 N. SWINTON AVENUE). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of qrantinq a waiver of perimeter landscape requirements in conjunction with a development request involving site plan approval. The development proposal is to establish a craft shop for Nanny's Attic (124 N. Swinton Avenue) . The property is located on the west side of Swinton Avenue, between N.W. 1st Street and N.W. 2nd Street, within the Old School Square Historic Arts District. BACKGROUND: The project involves the conversion of an existing single family residence to a craft shop (retail use) for Nanny's Attic (124 N. Swinton Avenue) . The associated improvements include construction of a 5-space parallel parking area on the north side of the property; construction of a 4-space back-out parking area adjacent to the alley; installation of associated landscaping and fencing. The applicant has requested a waiver from LDR Section 4.6.16(H)(3)(d), which deals with perimeter landscape requirements. This section states that a 5 ' landscaped buffer must be provided along the perimeter of the site adjacent to the parking areas, and that hedges and trees must be installed within that buffer. The waiver is to apply along the north property line adjacent to parking spaces. Within this area, the proposed landscape strip is only l' wide. The applicant has requested that this '. , . City Commission Documentation Meeting of June 22, 1993 Landscape Waivers for Nanny's Attic (124 N. Swinton Avenue) Page 2 requirement be waived, in order to accommodate required parking. In addition, trees cannot be accommodated within the l' wide strip therefore the request also includes a waiver of the requirement to provide trees every 30' along the north property line. Along the south side of the adjacent property to the north there is an existing mature hedge. The adjacent property (landscape architect's office) also has its driveway and parking area along with a garage abutting the area in question. The existing hedge acts as a separation between the two parking areas. The proposal include~a continuous hedge along the north property line, which will provide additional buffering. Taking into account the physical constraints of the site, the existing buffering, and the need to work the parking areas around the existing buildings, it is appropriate to grant a waiver to this requirement. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.7(B)(S), prior to granting a waiver, the City Commission shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The development proposal provides for adaptive reuse of an existing historic structure, which is the purpose and intent of the Old School Square Historic Arts District. In order to do so often requires some compromise with respect to meeting code requirements. In this case, a portion of the landscape strip is being reduced to accommodate required parking. The area in question is adjacent to an existing mature hedge. Also, the proposal includes installation of additional hedge material, which will provide an adequate buffer between the properties. The parking area of the abutting commercial establishment is located along the property line in question, thus there will be no impact on adjacent residences. The landscape code will be followed throughout the remainder of the site, including those areas that will have the most visual impact. A waiver of the requirement will not create an unsafe si tuation or diminish the provision of public facilities, and does not constitute a special privilege. '. City Commission Documentation Meeting of June 22, 1993 Landscape Waivers for Nanny's Attic (124 N. Swinton Avenue) Page 3 HISTORIC PRESERVATION BOARD CONSIDERATION: At its meeting of June 16, 1993, the Historic Preservation Board recommended approval (4-0) of a waiver to LDR Section 4.6.16(H) (3) (d) (Perimeter Landscaping), to reduce the required 5 ' wide landscape strip to 1 ' together with waiving the requirement to provide trees every 30' , between the parallel parking spaces and the north property line. RECOMMENDED ACTION: By motion, grant a waiver to LDR Section 4.6.16(H) (3) (d) (Perimeter Landscaping) to reduce the required 5' wide landscape strip to 1 ' together with waiving the requirement to provide trees every 30' , between the parallel parking spaces and the north property line, based upon positive findings with respect to Sections 2.4.7(~)(5)(a) - (d) . Attachments: * Reduction of Landscape Plan * Letter of Request '. . (:\) ~~~'N<'r ~A('~~ (It.. \ ~L..L.e'f \NOS l..1...d) -;. '- . J __ _ ~/~~t" 'n.l.c.\~~_ / ( . ~I:.\' ( / 11\ ~~'.'~! -- I\l~.l' . { II ~ .~._~QW_ .~"'Mt:' ~ I \ It. ( 'ft\".~\..'O(T. ) I ) II LV\!~hl. $ ~I(t)) CI "'f IL ;j / / ' .,\ t .. I ~. soO - - -------. @ - ~ z :i ..~ ~ /" ,.. q (/ .J! _ ~\::.- tlN() (),. t iOWl! .~e: -~.to\2~ WO\)~ \~~'l "E' f?@AMlr e,-,) 6-. ~.:.:'7 ese, " -I Z , g -: Cl l tJ)5S 81., 0 Z" ~)U!(,- ~ <f. " . ~ Q,. ,. /'sC'v ~\;;.t1N<:r TWQ- .$\~Y / ~_ WCX!'Q_ E'AAl'fle ( i ~ I '5)S5 -- - .a.\...OCr' . .' :~:' " . ' -:--.-..... - -- -' ~...... ... --~ . . ' . .1:- : ' '. . . ., "'...', f' . ~'.. ~ ....-. .~ <L '. - -/. -' ~ .- /" t"A1J1>S~tr fJ(MJ s~J .. l ____to - - / . , ~"N IN15N ~"eNue:' - i I ----- '. . May 27, 1993 City of Delray Beach Commissioners c/o Mr. Jeff Costello, Planning Technician II 100 N. W. First Avenue Delray Beach, FL 33444 RE: 124 N. Swinton Avenue Garage usage Dear Commissioners: In response to the comments as indicated by the Planning Department letter dated May 14, 1993: Item C: Pursuant to Section 4.6.16 etc. and the required 5' landscape strip, we would request a variance. In order for us to meet the necessary traffic requirement for parking and the current position of the house, we would require a variance to a l' set-back on the north property line for the parking. As evidenced by the photos submitted to the Planning Department, the current north line is fully landscaped and buffered by an existing garage. In addi tion, our intent is to supplement the landscaping wherever needed to complete a professional appearance of our shop. request you to approve our petition. arlene Duggan inton Avenue ~'~/'::"'1'0";r;:r ~';-=. ~\ . .1__.,' I, 1.1., '. "...., i aCh, FL 33444 ~};,">\~::I'~,< J. l.t !1..... III ,,\ 1">,, ~<J.I ..... - JUN 1 iS9.) PLAI\lNING & ZONING '. ' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: '(Il{ITY MANAGER SUBJECT: AGENDA ITEM # '6 J - MEETING OF JUNE 22. 1993 REOUEST FOR FINAL PAYMENT/PROFESSIONAL ENGINEERING CONSULT- ANTS. INC. DATE: June 18, 1993 We have received a request from Professional Engineering Consultants, Inc. for final payment in the amount of $554 for bidding and bid evaluation services in conjunction with the Rehabilitation of Sanitary Sewer Systems 8, 18 and 32. This final payment represents the release of the 10% retainage. All submittal materials required in the performance of this work have been received by staff. Recommend approval of the request for final payment from Professional Engineering Consultants, Inc. in the amount of $554; with funding from Water and Sewer Renewal and Replacement Manhole Rehabilitation (Account No. 442-5178-536-61.84). '. ' Agenda Item No.z AGENDA REQUEST Datez June 7, 1993 Request to be placed onz XX Regular Agenda Special Agenda Workshop Agenda Whenz June 22. 1993 Description of item {who, what, where, how much)z Staff requests Commission a roval of final a ent to Professional En ineering Consultants, Inc. (PEC) for consulting services provided under P.O. /'507761 in coniunction with bidding and bid evaluation for Rehabilitation of Sanitary Sewer Systems #8, #18 and #32, Project #92-022. The final invoice is in the amount of $554.00 and the funding source is account #442-5178-536-61.84. All submittal materials required in the performance of this work have been received by staff. ~ ORDINANCE/RESOLUTION REQUIREDz YES~ DRAFT ATTACHED YES~ Recommendationz Staff recommends approval of final payment to P.E.C. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget D!r.ector Review ~red on all items involving expenditure of funds): Funding available: r;.YES}'NO Funding alternativ ---- ^, c. ~ _ ' {!of aPEMcap1J!k __, _' _ . Account No. & D~JfiP~~n_~/---'( J8-=;7..;~:).G:7{ gel k,tt k ,(ANttCLt: t<Erl~ Account Balance;' '15, )It-.: City Manager Review: Approved for agendaz @/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. ' - M E M 0 RAN DUM TO: David T. Harden City Manager THRU: William H. Greenwood Director of Environmental Services FROM: Richard C. Hasko, P.E. Acting Deputy Director/P.U. SUBJECT: P.E.C. FINAL INVOICE / PN 92-022 DATE: June 8, 1993 Attached is an agenda request and a copy of the final invoice from P. E . C. in the amount of $554.00 for consulting services in conjunction with the bidding and bid evaluation for the Rehabilitation of Sanitary Sewer Systems #8, #18 and #32. The P.O. number is #507761, and the funding source is account number #442-5178-536-61.84. All submittal materials required in conjunction with this work have been received by our staff. _Jil C. Hasko, P.E. Deputy Director/P.u. RCH:pw FILE: Memos To City Manager Project #92-022 a:PEC.DOC '. ' . PEe C' " ,,'"'' PROFESSIONAL ENGINEERING CONSUL TAN~MY IN' ::l/;-'.t)t't;.~. f'3 JWl -l. PM 3: 45 j... \....'.1. ( INVOICE .". ;... "'.- , .} ,.: 0 mrJ~ f..' ;" i . .'" \ 1., t t \. ~,,_:' ~_..~ -",- ~ City of Delray Beach Customer No. 659-1 ~~ Environmental Services Invoice No. 4225 434 South Swinton Avenue Date: May 28, 1993 Delray Beach, Florida 33444 ~ Attentj,on: Mr. George Abou Jaoude 1fJl ************************************************************* FINAL BILLING NO. 3 Sanitary Sewer System Rehabilitation Project Bidding and Bid Evaluation for Sanitary Sewer Systems 8. 18. and 32 Project No. 92-22 Purchase Order No. 507761 Ref. No. DB-06-1.1' 232057 Task Order No. 4 DB-06-2.1 232058 Description of Services under Task Order No. 4 - Period Ending: OS/27/93 Total Fee $ 5,540.00 100% Complete = 5,540.00 Total Earned To Date $ 5,540.00 Less Previous Billings ( 4.986.00) AMOUNT DUE THIS INVOICE $ 554.00 , engineers planners surveyors 200 East Robinson Street . Suite 1560 . Orlando, Florida 32801 . 407/422.8062 . FAX 407/849-9401 '. , - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM i rk - MEETING OF JUNE 22. 1993 CHANGE ORDER NO. 4 AND REOUEST FOR FINAL PAYMENT/BIMECAP CONSTRUCTION. INC. DATE: June 18 I 1993 This item is before you to approve a change order in the net deduct amount of $1,420.95 and a request for final payment in the amount of $79.05 from Bimecap Construction, Inc. for completion of the City Attorney's Office Renovation project. The net deduct is a result of contractor imposed changes. Items include reimbursement for City equipment damaged during construction and for expired trees that the contractor failed to replace per his warranty. Recommend approval of Change Order No. 4 in the net deduct amount of $1,420.95 and the request for final payment in the amount of $79.05 from Bimecap Construction, Inc. ; with funding from 1987 Utility Tax - Renovate City Attorney's Office' (Account No. 333-1651-514-61.50). ., . - MEMORANDUM TO: David T. Harden City Manager . ~. THRU: William H. GreenWOod~~~ Director of Environmental Services FROM: Ralph Hayden City Engineer SUBJECT: CHANGE ORDER NO. 4 - PROJECT NO. 91-101 FINAL FOR CITY ATTORNEY'S OFFICE RENOVATION PROJECT DATE: June 15, 1993 Enclosed is the agenda request for Change Order No. 4/Final for Bimecap Construction, Inc. on the City Attorney's Renovation Project (PRJ 91-101) and the request for final payment. Change Order No. 4 is for a net deduct of $1,420.95 for contractor proposed changes. Items include reimbursement for damaged equipment during construction; a transcriber machine, security control panel and fire control tamper switch; and for expired trees that the contractor has failed to replace per his warranty. Final payment to Bimecap Construction, Inc. is for $ 79.05 with funding from 333-1651-514-61.50. i ~~Ll Ralph Ha den RH : smm ATT: File: Memos to City Manager Project No. 91-101 ( D) . ~ CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 4 PROJECT NO. 91-101 DATE: PROJECT TITLE: City Attorney's Office Exterior Renovations TO CONTRACTOR: Bimecap Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Deduct miscellaneous costs for equipment damaged during construction and for dead landscaping not replaced by constractor. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 79,399.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 6,699.52 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 86,098.52 COST OF CONSTRUCTION CHANGES THIS ORDER $ - 1,420.95 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 84,677.57 PER CENT DECREASE THIS CHANGE ORDER 1.8 , - - TOTAL PER CENT INCREASE TO DATE 6.6 , - - EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT -0- DAYS TO 12/06/92. 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 David Miller & Associates for Bimecap Construction, Inc. (SEAL) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 1333-1651-514-61.50 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 . ' . - CHANGE ORDER 114 Schedule "A" Project: No. : 91-101 Project Name : City attorney's Office Exterior Renovations Change Item Order II No. Description Cost Comments ------------------------------------------------------------------------------------------------------------------------------------- CONTRACTOR IMPOSED CHANGES 4 1 Contractor Imposed - Replacement of a Transcriber machine ($330.00) Machine damaged during heavy rain damaged from the construction activity. period when roof leaked. 4 2 Contractor Imposed - Service of security control panel ($295.00) Subcontractors cut security line due to cut lines during landscape and irrigation while installing irrigation lines. installation. 4 3 Contractor Imposed - Service of fire control tamper s~itch ($60.95) Subcontractors damaged tamper which was damaged during construction. switch during stucco installation. 4 4 Contractor Imposed - Replacement of three trees and ($735.00) Contractor has failed to replace miscellaneous landscaping that contractor has neglected dead trees under his warranty. to replace under his warranty. -----------------------------------------------------------------============== =================================== Total ($1,420.95) . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM, ~TY MANAGER SUBJECT: AGENDA ITEM # ?L - MEETING OF JUNE 22. 1993 REOUEST FOR FINAL PAYMENT/MOCK. ROOS AND ASSOCIATES DATE: June 18, 1993 We have received a request for final payment in the amount of $5,797.83 from Mock, Roos and Associates for consulting engineering services in conjunction with the Southwest Area Road Reconstruction project. Staff has reviewed this project and found it to be satisfactorily complete. All submittal material required in conjunction with this contract have been received by staff. Recommend approval of the request for final payment in the amount of $5,797.83 from Mock, Roos and Associates; with funding from Decade of Excellence Bond Issue - Street Reconstruction Phase I (Account No. 225-3162-541-61.17). '. Agenda Item No.: AGENDA REOUEST Date: June 10, 1993 Request to be placed on: --A-- Regular Agenda _____ Special Agenda _____ workshop Agenda When: June 22, 1993 Description of item (who, what, where, how much) : Staff reauests Commission approval for pavment of final invoice to Mock. Roos & Associates in the amount of 55.797.83 for consultina enaineerina services reaardina the desian of Road Reconstruction Pro;ect. Southwest Area. P.N. 92-005. The total fee for this contract was 5113.600.00. approved bv Commission on 2/25/92 and amended to 599.600.00 with Commission approval on 11/17/92. Invoices were paid aaainst P.O. #507182 from fundina account #225-3162-541-61.17. All submittal materials reauired in con;unction with this contract have been received bv staff. ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YE~ Recommendation: Staff recommends approval of final pavment to Mock. Roos & Associates. 4/~~,,- Department Head Signature:~ - -~ ~~1P_3 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review ~ired on all ltems involving expenditure of fundS)' Funding available: YES/NO Funding alternativ -' (if applicable).~ I Account No. & DesSfjptj;pn ;- If; -!;', &1 j.~ ->Y', I ~X(L-;j r(:r:_lfu.t~Lt{T1CN Account Balance j'/If-..)"'} / ~'" ! City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AG205609.MRM '. ' . . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager THRU: William H. Greenwood pJ~~ Dir. of Environmental Services FROM: Ralph E. Hayden, P.E~~ City Engineer .'\~ DATE: June 10, 1993 SUBJECT: ROAD RECONSTRUCTION PROJECT, SOUTHWEST AREA MOCK, ROOS & ASSOCIATES - FINAL NOTICE PROJECT #92-005 Attached is an agenda request with a copy of the final invoice and back up information from Mock, Roos & Associates for conSUlting services performed. The final invoice amount is $5,797.83 against P.O. #507182, funded from account #225-3162-541-61.17. The original contract amount approved by Commission on February 25, 1992, was $113,600.00 and was adjusted to $99,600.00 with Commission approval on November 17, 1992. All submittal materials required of the consultant in conjunction wi th this contract have been recei ved by our staff. RH:mm File: Project No. 92-005 CD) RH205609.MRM '. ' M:' MOCK,ROOS & ASSOCIATES, INC. R :-j' ~.. , ENGINEERS · SURVEYORS · PLANNERS A- " - :" ,. 5720 CORPORATE WAY . WEST PALM BEACH, FLA. 33407 · TELEPHONE (407) 683-3113 MARCH 16, 1993 INVOICE NO. 3073 PROJECT NO. 92113.00 CITY OF DELRAY BEACH ATTN: MR. RALPH E. HAYDEN, P.E. 434 SOUTH SWINTON AVENUE DELRAY BEACH, FL 33444 P.O. #507182 REVISED INVOICE - 06/03/93 -------------------------- FOR: STREET RECONSTRUCTION AND OVERLAY (SURVEY, DESIGN & CONSTRUCTION PHASES) PROFESSIONAL SERVICES FOR THE PERIOD ENDING MARCH 16, 1993 ---------------------------------------------------------- PROFESSIONAL PERSONNEL HOURS RATE AMOUNT OFFICE STAFF 2.2 37.20 81.84 SURVEYOR 5.4 63.95 345.33 ENGINEER 1.0 69.75 69.75 DRAFTER 0.2 43.40 8.68 ENGINEER 25.3 77.50 1,960.75 PROJECT MANAGER-ENGINEER 5.9 80.60 475.54 DRAFTER 32.5 39.53 1,284.73 DRAFTER 17.0 41.08 698.36 FIELD REPRESENTATIVE 4.0 47.28 189.12 PROJECT MANAGER-ENGINEER 8.8 75.00 * 660.00 TOTALS 102.3 5,774.10 TOTAL LABOR 5,774.10 REIMBURSABLE EXPENSES REPRODUCTIONS 3.60 COMPUTER USAGE 20.13 TOTAL REIMBURSABLES 23.73 23.73 ------------ TOTAL THIS INVOICE $ 5,797.83 ------------ ------------ CONTRACT AMOUNT: $99,500.0~ + REIMBURSABLES AMOUNT THIS PERIOD: $ 5,797.83 AMOUNT PREVIOUSLY BILLED: $93,702.17 REMAINING AMOUNT: ------~~~~/~ ~. r~. ~ ///'~ SUBMITTED BY: // ~ _ /' / o ~ a r, P.E. ,./ Viqe President / ~/ '. ' . . . . . I?ROJECT 92113.00 - DELRAY/STREETS Page 1 DETAIL LABOR SUMMARY PROJECT 92113.00 - DELRAY/STREETS ---------------------------------------------------------------------- 09/01/92 PIORKOWSKI, BOGDAN T. CONSTR COST ESTIMATES 6.0 09/01/92 PIORKOWSKI, BOGDAN T. DESIGN-FIELD INVESTIGATE 1.5 09/01/92 PIORKOWSKI, BOGDAN T. QUANTITIES 1.0 09/01/92 CLODFELTER, MARY HANNA COORDINATION-ENGINEERS 1.2 09/01/92 VOEHRINGER, STEVEN A. PLAN SHEETS 8.5 09/02/92 CAMP, NANCY A. CORRESPONDENCE 0.5 09/02/92 CAMP, NANCY A. PROPOSAL/CONTRACT/SCOPE 1.7 09/02/92 WALKER, ROBERT J. COORDINATION-CLIENT 0.3 09/02/92 WALKER, ROBERT J. QUALITY ASSURANCE/REVIEW 2.5 09/02/92 PIORKOWSKI, BOGDAN T. COORDINATION-AGENCY 1.0 09/02/92 HANSETER, MICHAEL R. COORDINATION-DRAFTING 0.5 09/02/92 PIORKOWSKI, BOGDAN T. COORDINATION-DRAFTING 1.0 09/02/92 SERRA, RICHARD S. COORDINATION-ENGINEERS 0.2 09/02/92 PIORKOWSKI, BOGDAN T. QUALITY ASSURANCE/REVIEW 2.5 09/02/92 SERRA, RICHARD S. CONSTR COST ESTIMATES 0.6 09/02/92 SERRA, RICHARD S. DESIGN 0.3 09/02/92 HANSETER, MICHAEL R. DESIGN 0.5 09/02/92 PIORKOWSKI, BOGDAN T. DESIGN 2.0 09/02/92 SERRA, RICHARD S. DESIGN-FIELD INVESTIGATE 2.0 09/02/92 PIORKOWSKI, BOGDAN T. QUANTITIES 2.0 09/02/92 CLODFELTER, MARYHANNA COORDINATION-DRAFTING 1.3 09/02/92 CLODFELTER, MARYHANNA COORDINATION-ENGINEERS 0.9 09/02/92 SIMONS, DALE T. PLAN SHEETS 13.5 09/02/92 VOEHRINGER, STEVEN A. PLAN SHEETS 7.0 09/03/92 WALKER, ROBERT J. QUALITY ASSURANCE/REVIEW 2.5 09/03/92 SERRA, RICHARD S. COORDINATION-DRAFTING 0.1 09/03/92 PIORKOWSKI, BOGDAN T. COORDINATION-DRAFTING 1.0 09/03/92 SERRA, RICHARD S. COORDINATION-ENGINEERS 0.7 09/03/92 PIORKOWSKI, BOGDAN T. COORDINATION-ENGINEERS 0.5 09/03/92 PIORKOWSKI, BOGDAN T. QUALITY ASSURANCE/REVIEW 1.0 09/03/92 SERRA, RICHARD S. DESIGN 1.9 09/03/92 PIORKOWSKI, BOGDAN T. DESIGN 2.8 09/03/92 PIORKOWSKI, BOGDAN T. QUANTITIES 3.0 09/03/92 CLODFELTER, MARYHANNA COORDINATION-DRAFTING 1.2 09/03/92 CLODFELTER, MARYHANNA COORDINATION-ENGINEERS 0.8 09/03/92 MIZELLE, DAVID A. BLUEPRINTING & OVERLAYS 0.2 09/03/92 SIMONS, DALE T. PLAN SHEETS 11.0 09/03/92 VOEHRINGER, STEVEN A. PLAN SHEETS 1.5 09/04/92 HALENDA, DIANNE R. CONSTR COST ESTIMATES 1.3 09/04/92 WALKER, ROBERT J. COORDINATION-ENGINEERS 0.1 09/04/92 WALKER, ROBERT J. QUALITY ASSURANCE/REVIEW 3.4 09/04/92 SERRA, RICHARD S. COORDINATION-FIELD REPS 0.1 09/04/92 SIMONS, DALE T. PLAN SHEETS 8.0 09/04/92 VOELKEL, ALBERT P. FIELD OBSERVATION 4.0 '. I . . ~ . . . , PROJECT 92113.00 - DELRAY/STREETS . Page 2 DETAIL REIMBURSABLE EXPENSES PROJECT 92113.00 - DELRAY/STREETS ---------------------------------------------------------------------- 08/27/92 REPRODUCTIONS $ 1.20 09/03/92 REPRODUCTIONS $ 2.40 09/04/92 COMPUTER USAGE $ 20.13 '. ' MOCK.ROOS &..ASSOCIATES. INC. ,'~' ,'\ ,L ~ ';',. ENGINEERS · SURVEYORS · PLANNERS ~._~ (:" ~,? t;\51'20'CORPORATE WAY · WEST PALM BEACH, FLA. 33407 · TELEPHONE (407) 683-3113 ". - TO: .,' DATE: ~~-:i.x ~~ ~:/g~Cl SUBJECT: '/. ~ P (J/~ 11""""' ~. ;g;k~ , ~ ~~d- ~ -U-(~ tJ d .-t"L.X2 ~~./~d~~ ~. xc: / ~&~ SKlNED 6# . .~.&y / '. ' . . . PI310I01 city Of Delray Beach Florida 5/27/93 Purchase Order Inquiry 9:51:43 P . 0.: Numbe r : 507182 Status: 5 PARTIALLY RCVD AND INVCED Change: Nbr: 1 Date: 1/20/93 Type : P PURCHASE ORDER User ID . . : SLAZYK_J Date : 3/10/92 Bldg: ES ENVIRONMENTAL SERVICES Vendor : 226 MOCK, ROOS & ASSOCIATES, INC. Ordered . . : 99500.00 Invoiced . : 93702.17 Buyer . : JANICE SLAZYK Outstanding : 5797.83 Confirm by . . . Ship via . . : Last rec'd : 1/29/93 F.O.B. . . . : Last inv'd : 0/00/00 Freight . . . Freight amt : . Contract nbr : Deliver by : 2/28/92 Sales tax . : 0.00% Discount : 0.00% Discount . : 0.00% Terms : Nbr days : Disc due : Net due : User ID . . : BEERY_K Date posted : 6/08/92 Requisition : Nbr . 0000006466 Date : 2/26/92 Acct nbr . 22531625416117 . . By : HAYDEN/MILLS Project : F3=Exit F4=Display items F5=Display remarks F6=Display invoices F7=Vendor inquiry F12=Cancel '. .- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~Y MANAGER SUBJECT: AGENDA ITEM i ?,N/ - MEETING OF JUNE 22. 1993 CHANGE ORDER NO. 1 AND REOUEST FOR FINAL PAYMENT/RIC-MAN INTERNATIONAL. INC. DATE: June 18, 1993 This item is before you to approve a change order in the net deduct amount of $11,313.20 and a request for final payment in the amount of $23,926.72 from Ric-Man International, Inc. for comletion of the Southeast Transmission Main - Part B project. The deduct is a result of verified as-built, field measured quantities. Staff has reviewed this project and found it to be satisfactorily complete. Recommend approval of Change Order No. 1 in the net deduct amount of $11,313.20 and the request for final payment in the amount of $23,926.72 from Ric-Man International, Inc. ; with funding from Water and Sewer Southeast Transmission Main Construction (Account No. 441-5181-536-69.06). '. ' - CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT ~HANGE NO. 1 PROJECT NO. 91-76 DATE: .{OJECT TITLE: Southeast Transmission Main - Part B TO CONTRACTOR: Ric-Man International, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construct miscellaneous changes to Project per attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 467,239.50 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 467,239.50 COST OF CONSTRUCTION CHANGES THIS ORDER (DEDUCT) -$ 11,313.20 lJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 455,926.30 ~ER CENT DECREASE THIS CHANGE ORDER 0.3 % - - TOTAL PER CENT DECREASE TO DATE 0.3 % - - NO EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE ORDER 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 for Ric-Man International, Inc. (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 . SCHEDULE "A" CONTRACT RECAP SHEET Project No: 91-76 Project Name: Southeast Transmission Main - Part B - Miller Tank to Dogwood Drive and the Boca Raton Interconnect ---------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------- Item Unit Plan As-Sui l t Qty. +/- c.o. #1 Total No. Description Unit Price Qty. Measured Qty Difference $ Difference ---------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------- 1 20" Class 52 DIP & appurtenances LF $42.00 1.400 1,268 -132 ($5,544.00) 2 16" Class 52 DIP & appurtenances LF $33.00 1,550 1,305 -245 ($8,085.00) 3 12" Class 52 DIP & appurtenances LF $24.00 3,200 2,907 -293 ($7,032.00) .4 8" Class 52 DIP & appurtenances LF $24.00 450 361 -89 ($2,136.00) 5 6" Class 52 DIP & appurtenances LF $28.00 160 201 41 $1,148.00 6 20 inch butterfly valve & box EA $1,800.00 9 7 -2 ($3,600.00) - 7 16 inch butterfly valve & box EA $2,000.00 5 5 0 50.00 8 12 inch butterfly valve & box EA 5840.00 10 7 -3 ($2,520.00) 9 10" gate valve & box EA $700.00 2 1 -1 (5700.00) 10 8" gate valve & box EA $520.00 5 3 -2 (51,040.00) 11 6" gate valve & box EA $480.00 11 8 -3 ($1,440.00) 12 Fire hydrant assembly EA S2,300.00 14 15 1 S2,300.00 13 Fire hydrant relocation Ea S2,200.00 2 1 -1 ($2,200.00) 14 12" x 12" tapping sleeve & valve EA S4,000.00 1 1 0 SO.OO 15 10" x 10" tapping sleeve & valve EA $3,800.00 1 1 0 SO.OO 16 8" x 8" tapping sleeve & valve EA $3,600.00 1 2 1 53,600.00 17 Jack & bore 120 LF-36" casing LF $300.00 120 120 0 SO.OO pipe under Federal Hwy. 18 Jack & bore 115 LF-36" casing LF $300.00 115 115 0 SO.OO SCHEDULE "A" CONTRACT RECAP SHEET Project No: 91-76 Project Name: Southeast Transmission Main - Part B - Miller Tank to Dogwood Drive and the Boca Raton Interconnect ====================================================================================================================== Item Unit Plan As-Bui l t Qty. +/- C.O. #1 Total No. Descripti on Unit Price Qty. Measured Qty Difference $ Difference ---------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------- pipe under Federal Hwy. 19 Remove existing PVC water main LS $1,500.00 1 1 0 $0.00 20 Sod replacement SF $0.20 24,500 75,699 51199 $10,239.80 21 Pavement repair over trench LF $9.50 1,300 1,020 -280 ($2,660.00) 22 Stabilized shoulder LF $3.40 1,100 1,125 25 $85.00 23 Lindell Blvd. intersection LS $6,000.00 1 1 0 $0.00 asphalt pavement repair 24 S-III asphalt leveling course TON $44.00 250 304 54 $2,376.00 & one inch overlay 25 New asphalt pavement construction SY $4.00 700 1,135 435 $1,740.00 (Dixie Hwy. & Fed. Hwy. turnouts) 26 Six foot wide asphalt SY $8.50 700 684 -16 ($136.00) walk construction 27 Concrete header curb LF $9.00 400 368 -32 ($288.00) 28 FOOT type 'B' curb LF $9.50 75 45 -30 ($285.00) 29 FOOT type '0' curb LF $10.00 50 29 -21 ($210.00) 30 24 inch white thermoplastic LF $3.50 160 144 -16 ($56.00) stripe 31 12 inch white thermoplastic LF $1. 70 160 163 3 $5.10 stripe 32 4 inch white thermoplastic LF $0.50 300 2,481 2181 $1,090.50 stripe ., ' SCHEDULE "A" CONTRACT RECAP SHEET Project No: 91-76 Project Name: Southeast Transmission Main - Part B - Miller Tank to Dogwood Drive and the Boca Raton Interconnect ====================================================================================================================== Item Unit Plan As-Built Qty. +/- C.O. #1 Total No. Description Unit Price Qty. Measured Qty Difference $ Difference ---------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------- 33 Turn arrows white thermoplastic EA S60.00 6 6 0 SO.OO 34 Reflective pavement markers EA S3.75 20 33 13 $48.75 35 Stop sign (R1-1) EA $130.00 5 5 0 SO.OO 36 Traffic maintenance LS $25,000.00 1 1 0 SO.OO 37 pro1ect identification signs EA $350.00 2 2 0 SO.OO 38 Utility allowance LS S15,OOO.00 1 151 51 $7,715.65 39 Video allowance LS $2,000.00 1 31 69 (S1,380.00) 40 Testing Allowance LS $5,000.00 1 53 47 (S2,350.00) 41 Idemnification LS S10.00 1 1 0 SO.OO Net Deduct Change Order No. 1 Final ($11,313.20) RIC-"AN INTERNATIONAL. INC. 26B1 N.W. 48TH STREET PO"PANO BEACH, FLORIDA 33873 Of '1a.y 21, 1993 REQUEST FOR PAY~ENT PROJECT: SOUTHEAST TRANS"ISSION "AIN Rf......;ION NO: 5 - FINAL PART B "ILLER TANK TO DOGWOOD DR. AND THE BOCA RATON INTERCONNECT PROJECT NO. 91-76 OWMER: CITY OF DELRAY BEACH GEHTLE"EN: THIS REQUEST FOR PAY"ENT IS FOR WORK CO"PLETED ON THE ABOVE REFERENCED PROJECT FOR THE PAY PERIOD ENDING: April 38, 1993. TOTALS ----------------------------- THIS DO NOT WRITE TO DATE REQUEST OHL Y IN THIS SPACE ----------------------------- A~UNT OF ORIGINAL CONTRACT 1. S 467,239.58 XXXXXXXXXXXX APPROVED CHANGE ORDERS-IHt~EASE (DECREASED) 2. S 8.88 8.88 TOTAl CONTRACT & APPROVED CHANGE ORDERS 3. S 467,239.58 8.B8 =========================================================================================================================== ~-I 9$R VALUE OF WORK PERFOR"ED 4. S 455,~ 1,217.68 (PER BREAKDOlIM ATTACHED) VP'"'' OF MTERIALS STORED ON SITE 5. S 8.88 8.88 (PER ATTACHED BREAKDOWN) 9Jt j...) TOTAL REQUISITIONED 6. S 455,~.88 1,217.68 ------------------------------------------------------- ------------------------------------------------------- LESS: 8% RElAI NAGE 7. S 9~~~~ 8.88 A"OUNT EARNED TO DATE 8. S 455,~ 1,217.68 LESS: PREVIOUS APPLICATIONS 9. S 431,999.58 XXXXXXXXXXXX ~~3 q"X. 7,J- A"OUNT DUE 18. $ t~. 4t- ./ 113I:1.::>i) BALANCE TO COftPLETE 11. S ~ XXXXXXXXXXXX THE CONTRACTOR CERTIFIES THAT AlL ~TERIAlS, lABOR AND SERVICES FURNISHED BY HI" THROUGH THE ABOVE ~NTIONED PAY PERIOD HAVE BEEN FUllY PAID FOR (EXCEPT AS lISTED HEREON BELOW) AND THE PRE"ISES OF THE ABOVE N~D JOB CANNOT BE "ADE SUBJECT TO ANY VALID LIEN OR ClAI" BY ANYONE WHO FURNISHED MTERIAl, lABOR OR SERVICES TO THE CONTRACTOR TO USE IN SAID JOB; AND THE CONTRACTOR HEREBY RElEASES THE OWNER FRO" AHY FURTHER LIABILITY IN CONNECTION WITH All MTERIAlS, LABOR AND SERVICES FURNISHED BY THE CONTRACTOR THROUGH THIS PAY PERIOD. THIS RElEASE IS GIVEN IN ORDER TO INDUCE PAY~T IN THE AKOUNT OF 23,954.42 AND ON RECEIPT Of SAID PAY~MT BY THE CONTRACTOR THIS RELEASE BE~S IN FUlL FORCE AND EFFECT. ~~ ~ DAVID A. "AHeINI TITLE: PRESIDENT DATE: ftay 21, 1993 '. - . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM i rgN - MEETING OF JUNE 22. 1993 RESOLUTION NO.56-93 DATE: June 18, 1993 This is a resolution asses~ing costs for abatement action required to demolish an unsafe building on property located at 124 S.E. 2nd Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $3,342.19 remains unpaid. Recommend approval of Resolution No. 56-93 assessing costs to demolish an unsafe building on property located at 124 S.E. 2nd Avenue. .. ' . ------- _._------ RESOLUTION NO. 56-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CI TY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has., pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed with.in thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, 'I I WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30 ) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 56-93 '. ' ----~.^-_._._-_. - - --- --"-" Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abat~ment, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAY 0 R ATTEST: City Clerk - 3 - Res. No. 56-93 .. ' NOTICE OF ASSESSMENT Date TO: Norman and Janet Richardson ADDRESS: 130 SE 2nd Avenue, Delray Beach, Fl 33444 PROPERTY: 124 SE 2nd Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: S7' of Lot 9, Lot 10 and N53' of Lot 11, Block 78, Town of Delray according to Plat Book 1, Page 3 of the official records of Palm Beach ~ounty, ~l. You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $3,342.19 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 2-1-93 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to ~he Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 5-20-93 at a cost of $3,342.19 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. ~' , Copy of all notices referred to in this notice are available in the office of the Buildtng Official. BY ORDER OF THE CITY COMMISSION. City Clerk '. ' . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM it ~O - MEETING OF JUNE 22. 1993 RESOLUTION NO.57-93 DATE: June 18, 1993 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 236 S.E. 4th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,057.66 remains unpaid. Recommend approval of Resolution No. 57-93 assessing costs to demolish an unsafe building on property located at 236 S.E. 4th Avenue. .. , . . --- -------.-- RESOLUTION NO. 57-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S} LOCATED WITHIN THE CITY OF DELRAY BEACHj SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTIONj PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTSj PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTSj PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s} and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s} of the land(s} described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (50) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied withj and, ., ' . .--.- -------_. ._--~_. _.-..~-_. -- -..,.--. WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments 50 levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s} of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 57-93 ., ' ---------- Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAY 0 R ATTEST: City Clerk - 3 - Res. No. 57-93 ., ' NOTICE OF ASSESSMENT Date TO: Thomas Melba ADDRESS: 1017 Vista Del Mar, Delray Beach, FI 33483 PROPERTY: 236 SE 4th Avenue. Delrav Beach. FI 33444(rear structure) LEGAL DESCRIPTION: Lot 21. Block 95. Linn's Addition to Osceola Park accordini to Plat Book 1. Page 133 of the official records of Palm Beach County, Fl You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $2.057.66 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 12-18-92 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 5-5-93 at a cost of $2,057.66 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. ~' Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. ' City Clerk ~' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: IIfITY MANAGER SUBJECT: AGENDA ITEM it ~p - MEETING OF JUNE 22. 1993 RESOLUTION NO.58-93 DATE: June 18, 1993 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 232 N.W. 8th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $1,886.50 remains unpaid. Recommend approval of Resolution No. 58-93 assessing costs to demolish an unsafe building on property located at 232 N.W. 8th Avenue. " ' . . .---- -- RESOLUTION NO. 58-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU - TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Offic ial or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of condit~ons and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed wi thin thirty (30 ) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is . ., ' ---- ~._. - ._-- ------- ~- ._- ------ ,- ------~. ,~- ._--~-- -~--- ----- - attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indl.- cated thereon. Said assessments so levied 5 ha 11, if not paid within thirty ( 30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6111) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30 ) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6111) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30 ) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6111, 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 :I ! ! - 2 - Res. No. 58-93 'T NOTICE OF ASSESSMENT Date TO: Glorith Stephenson ADDRESS: 2655 Dorson Way, Delray Beach, Fl 33445 PROPERTY: 232 NW 8th Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: Lot 25, Block B, Tourist Nook according to Plat Book 1, Page 47 of the official records of Palm Beach County, Fl. You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $1.886.50 by resolution of the City Commission of the City of Delray Beach,_ Florida, dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 10-19-92 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 4-29-93 at a cost of $1,886.50 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. " ' Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk ~' I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM it ?~ - MEETING OF JUNE 22, 1993 RESOLUTION NO.59-93 DATE: June 18, 1993 This item is a resolution assessing costs for abatement action required to remove junked vehicles on 13 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, 59-93 assessing costs to remove junked vehicles on 13 properties located within the City. '. ' . ~---------~-- ------- ---- ---- --- -- --- -- ..-- ---" - -_._- ----- -----..- - -" -- - --- RESOLUTION NO. 59-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the l~st attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated represent- ati ve has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 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 90.02 and 90.03 of the Code of Ordinances; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis- ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances; and, WHEREAS, the City of Delray Beach, through the City Admin~s- tration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 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; and, WHEREAS, the City Commission of the City. of Delray beach, pursuant to Chapter 90 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 I Section 1. That assessments in the individual amounts as I shown by the report of the City Manager of the City of Delray Beach, I involving the City's cost of abating the aforesaid nuisances a copy of which is attached hereto and made a part hereof, are hereby levied I 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 Section 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 and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment 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. Section 4. That this resolution shall become effective thirty . (30) days from the date of adoption and the assessment(s) contained herein and 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. Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the day of , 1993. MAY 0 R ATTEST: , i il City Clerk " 'I il d 'I il tI i 11 'i ,I -2- Res. No. 59-93 '. , COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT S39' OF LOT 104 & N23' EDWARD J. & PAULA V. USTIK $ 38.50 OF LOT 105, PLUMOSA 2037 SHARON STREET 15.00 (ADM. COST) PARK SEC A, PB 23, BOCA RATON, FL 33486 3.92 (RECORDING) P 68, PUBLIC RECORDS, $ 57.42 PALM BEACH COUNTY, FL (1619 NE 3RD AVE) S39' OF LOT 104 & N23' EDWARD J. & PAULA V. USTIK $ 38.50 OF LOT 105, PLUMOSA 2037 SHARON STREET 15.00 (ADM. COST) PARK SEC A, PB 23, BOCA RATON, FL 33486 3.92 (RECORDING) P 68, PUBLIC RECORDS, $ 57.42 PALM BEACH COUNTY, FL (1619 NE 3RD AVE) S47' OF LOT 10 & N3' THELIA J. SMITH $ 38.50 OF LOT 11 OF N 1/2 OF 108 S.W. 3RD AVENUE 15.00 (ADM. COST) BLK 38, TOWN OF DELRAY, DELRAY BEACH, FL 33444-3650 3.92 (RECORDING) PUBLIC RECORDS, PALM $ 57.42 BEACH COUNTY, FL (108 SW 3RD AVE) LOT 21, CARVER SQUARE, POLIUS & PIERRETTE LABBE $ 38.50 PB 24, P 11, PUBLIC 702 S.W. 2ND TERRACE 15.00 (ADM. COST) RECORDS, PALM BEACH DELRAY BEACH, FL 33444 3.92 (RECORDING) COUNTY, FL $ 57.42 (702 SW 2ND TERRACE) LOT 19 & N20' OF LOT MICHAEL A. NOLA $ 38.50 20, BLK 8, OSCEOLA CARL D. NOLA 15.00 (ADM. COST) PARK, PB 3, P 2, 1200 S.W. 27TH AVENUE 3.92 (RECORDING) PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33435 $ 57.42 BEACH COUNTY, FL (702 SE 3RD AVE) I LOT 33, BLK 1, ATLANTIC B. & CLARA ANDREWS $130.00 PINES, PB 13, P 77, 21 N.W. 12TH AVENUE 15.00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-1643 3.92 (RECORDING) BEACH COUNTY, FL $148.92 (19 NW 12TH AVE) -3- Res. No. 59";"93 " ' . LOT 12, BLK 3, PALM DERISMAR & MARIE DIPREMA $ 38.50 STATE HEIGHTS, PB 26, 313 S.W. 10TH STREET 15.00 (ADM. COST) P 64, PUBLIC RECORDS, DELRAY BEACH, FL 33444 3.92 (RECORDING) PALM BEACH COUNTY, FL $ 57.42 (313 SW 10TH ST) N100' OF W 1/2 OF E 1/2 DIEUSEUL VIL $ 38.50 OF SE 1/4 OF LOT 1, SUB. 513 S.W. 5TH AVENUE 15.00 (ADM. COST) OF SEC. 20-46-43, PB 28, DELRAY BEACH, FL 33444 3.92 (RECORDING) P 68, PUBLIC RECORDS, $ 57.42 PALM BEACH COUNTY, FL (513 SW 5TH AVE) LOT 31, BLK B, RIDGE- FILIBERTO CAMPOS $ 18.50 WOOD HEIGHTS, DELRAY, 1046 S.W. 7TH AVENUE 15.00 (ADM. COST) PB 14, P 4, PUBLIC DELRAY BEACH, FL 33444 4.00 (RECORDING) RECORDS, PALM BEACH $ 37.50 COUNTY, FL (1046 SW 7TH AVE) LOT 4, BLK 65 (OLD ROLF E. & VIRGINIA HEINEMANN $ 18.50 SCHOOL SQUARE HISTORIC 5549 COASTAL DRIVE 15.00 ,(ADM. COST) DISTRICT), TOWN OF BOCA RATON, FL 33487 4.00 (RECORDING) DELRAY, PB 1, P 20, $ 37.50 PUBLIC RECORDS, PALM BEACH COUNTY, FL (311 & 313 N SWINTON AVE) N'LY 133.18' OF S206' THOMAS GIPSON $ 18.50 OF E'LY 129' OF NE 1/4 68 N.W. 18TH AVENUE 15.00 (ADM. COST) OF SW 1/4 OF SE 1/4 OF DELRAY BEACH, FL 33444-1686 4.00 (RECORDING) NE 1/4 AS IN OR 2246, $ 37.50 P 578 (LESS E20' RD R/W), SUB OF SEC 18-46-43, PB 6, P 51, PUBLIC RECORDS, PALM BEACH COUNTY, FL (68 NW 18TH AVE) W50' OF E150' OF S100' PHILLSTIN DIEUJUSTE $ 18.50 OF BLK 16, TOWN OF 605 S.W. 4TH STREET 15.00 (ADM. COST) DELRAY, PB 1, P 3, DELRAY BEACH, FL 33444-2423 4.00 (RECORDING) PUBLIC RECORDS, PALM $ 37.50 BEACH COUNTY, FL (605 SW 4TH ST) -4- Res. No. 59-93 " ' W20' OF N130' OF S150', LAKE IDA DEV. CORP $115.50 E20' OF N130' OF S150' C/O JAMES W. GEIGER 65.00 (ADM. COST) & S20' OF W 1/2 OF LOT 2831 N.E. 21ST COURT 4.00 (RECORDING 19, SUB OF SEC 8-46-43, FT. LAUDERDALE, FL 33305-36217 $184.50 PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (LAKE IDA ROAD) VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRVATE PROPERTY; EXCEPTIONS. -5- Res. No. 59"'93 " ' . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM it cgR - MEETING OF JUNE 22. 1993 AWARD OF BIDS AND CONTRACTS DATE: June 18, 1993 This item is before you to approve the following award of bids and contracts: 1. Medical and Drug Supplies - Fire Department - Various vendors in the estimated annual amount of $76,427.67; with funding from Fire Ope ratios - General Operating Supplies (Account No. 001-2315-526-52.20). 2. Housing Rehabilitation - 333 Roosevelt Avenue - Ray Graeve Construction in the amount of $19,040 with funding from CDBG Housing Rehabilitation (Account No. 118-1963-554-49.19). Recommend approval of the award of the above bids and contracts with funding as indicated. " ' I . .. Agenda I tem No. : AGENDA REQUEST Request to be placed on: Date: JUNE 16, 1993 Regular Agenda Special Agenda <i 1 Workshop Agenda (^" eo'---. xx Consent Agenda When: JUNE :i)(, 1993 Description of item (who, what, where, how much) : CASE # ADDRESS GRANT AMOUNT 91-Q29HR 333 ROOSEVELT AVENUE $19,040.00 (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 BLOCK GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM ACCOUNT "11118-1963-554--49.19 GRANT AMOUNT INCLUDES CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. OOl-3333-555-44~ ~ Department Head Signature: ' ~ , - City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~S/NO Funding alternatives: Account No. & Desci~tio~: Account Balance: , ODe, City Manager Review: ~ Approved for agenda:~NO 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 1411- FROM: Ted Glas, Purchasing Officer ?(/)/ DATE: June 16, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 22, 1993 - BID AWARD - BID #93-30 HOUSING REHABILITATION PROGRAM Item Before City Commission: The City Commission is requested to award a contract to the low bidder, Ray Graeve Construction, at a total price of $19,040. Per the Finance Department, unding is from: C~t&.ts~~en:l\l.~-fl..I2. O-P A.J q;;;2... ( 19, \ oJ , . . ~). Background: The Community Development Division handles and processes their formal bids on housing rehabilitation, with funding from their housing rehabilitation budget. Property Contractor Amount 333 Roosevelt Ave. Ray Graeve Construction $19,040 The Community Development Coordinator and the Director of Community Improvement have reviewed the bids, and recommend award to the low bidder, Ray Graeve Construction. Recommendation: The Purchasing Officer concurs with the recommendation to award to the low bidder, Ray Graeve Construction, at a total cost of $19,040. Attachments: Memorandum from Community Improvement Bid Information Sheets pc: Lula Butler ~~'1~ " ' . M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR lJ~ THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT~ DATE: JUNE 16, 1993 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE THE COMMISSION This is to request approval for one Housing Rehabilitation Grant Award. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder, plus a 5% contingency. The contingency may be used for change orders. All unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATION Staff recommends Housing Rehab Grants be awarded for the following: Case# Address Grant Amount 91-029HR 333 ROOSEVELT AVENUE $19,040.00 HR2 " ' . . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 93-~ APPLICANT: CARRIE NEWSOME APPLICATION #: 91-029HR PROJECT ADDRESS: 333 ROOSEVELT AVENUE DATE OF BID LETTERS: MAY 5 , 1993 DATE OF BID OPENING: MAY 14, 1993 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ CSB CONSTRUCTION, INC. $ DYMOND CONSTRUCTION $ GARY PURR $ 19,837.00 HENRY L. HAYWOOD $ INTERCONTINENTAL CONSTRUCTION CORP $ 22,155.00 LEADING EDGE HOMES, INC. $ MJD CONSTRUCTION SERVICES $ 19.980.00 MSL CONSTRUCTION, INC. $ PRESTON CONSTRUCTION $ 19,925.00 RAY GRAEVE CONSTRUCTION INC. $ 19,040.00 IN - HOUSE ESTIMATE: $ 19,876.00 CONTRACTOR AWARDED CONTRACT: RAY GRAEVE CONSTRUCTION INC. BID/CONTRACT AMOUNT: $ 19,040.00 COMMENTS: LOW BIDDER BIDFORM/PGl " ' . . \ \ / --- Memo CITY OF OBRAY B~(i TO: Chief Wigderson DATE: 03/10/93 FROM: Jackie Rooney, Buyer SUBJ: Medical and Drug Supplies Bid Mike; The contracts for the medical and drug supplies expire 06/24193. Would like to get a head start on this bid this year. : Attached is copy of last year's bid. Please review and make any additions or deletions, and return to me so I may put this out for bid. Note: Last year we did not award the following items: 117, 119, 125, 132, 141, 142, 146, 150, 160, 163, 168, and 169. Do you want these items on this yearrs bid? -~ Thanks Mike - . .. " ' . . M E M 0 RAN DUM TO: David T. Harden. City Manager THROUGH: Robert A. Barcinski. Assistant City Manage~ Adminstrative Services THROUGH: Ted Glas. Purchasing Officer ~/f FROM: Jacklyn Rooney. Buyer ~I2- DATE: June 014. 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 22. 1993 - BID AWARD - BID #93-33 MEDICAL AND DRUG SUPPLIES. ANNUAL CONTRACT Item Before City Commission: The City Commission is requested to award multiple annual contracts for Medical and Drug Supplies to firms listed below. at an estimated annual cost --Pi . $7~_ ~27.67~ . Per the Finance . Departmebf' f~nding is from: aJ 1- l-:)/ ~~.- S lie. 'S, L ~ ).0 ( F I \2C Oe[~! AcT \ (A'Jc; - :'1 f f\lCk~ L. r;pr:: KAT I ~clA P r;L lr:-~/ ) . Background: The City of Delray Beach Fire Department has need of an annual contract for Medical and Drug Supplies. Bids for this contract were received on May 04. 1993. from seventeen (17) vendors all in accordance with City Purchasing procedures (Bid #93-33. Documentation on file l.n the Purchasing Office.) A tabulation of bids is attached for your review. The Fire Department has reviewed the bids. and recommends multiple awards. per attached memo and highlighted tab sheet. Vendor: Est. Annual Cost: Frontline Medical $ 7.678.58 Joseph Gartland 10.640.00 Sunbelt Medical 4.513.18 Branches Medical. Inc. 4.758.04 General Medical Corp. 13.684.16 Aero Products Corp. 27.295.22 Suncoast Surgical Supply 2.247.96 Foster Medical Supply 213.80 Cook Inc. 2.016.00 Matrx Medical Inc. 518.40 Armstrong Medical Indust. 1.597.50 Medical Supply Depot Inc. 75.80 Micro Bio-Medics Inc. 702.33 Safety Supply America 486.70 Total $ 76.427.67 ~.R.l . Recommendation: Staff recommends award to various vendors as outlined above. Funding as stated above. Attachments: Tabulation of Bids Memo dated 06/10/93 from Fire Dept. pc: Dennis Morely, Paramedic Lieutentant Mike Wigderson, Asst. Fire Chief . [IT' DF DELIA' BEA[H FIRE DEPARTMENT MEMORANDUM TO: JACKIE ROONEY, BUYER FROM: DENNIS MORLEY, PARAMEDIC LIEUTENANT DATE: JUNE 10, 1993 SUBJECT: MEDICAL AND DRUG SUPPLY BID I have reviewed the attached award recommendations and I would like to thank you for compiling this list. The awards appear to be in order as we have discussed. Items 160, 161 and 162 should be awarded to the Joseph Gartland corporation as the gloves from Safety Equipment Corp. and Safety Supply Corp. do not meet the specifications as they are not hypo-allergenic. Again, thank you for your ;;~:stZ/ this matter. Dennis rley - Paramedic Lieutenant DM/nunh cc: Asst. Chief Wigderson ()\'-f~J1:J ,,1 t,.1 FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 407/243-7400- FAX 407/ 265-4660 , ' . , ." . . VENDOR AWARDS AND DOLLAR AMOUNTS Branches Medical Inc. Cook Inc. Group I $ 2,272.48 Item If 104 $ 1,560.00 Group VII 2,459.16 106 456.00 Item If 118 26.40 Total $ 2,016.00 Total $ 4,758.04 General Medical Corp. Matrx Medical Inc. Group III $ 13,648.16 Item If 116 $ 360.00 Item If 144 18.00 119 26.40 If 145 18.00 126 60.00 158 72.00 Total $ 13,684.16 Total $ 518.40 Aero Products Corp. Armstrong Medical Indust. Group II $ 13,259.40 Item If 164 $ 1,597.50 Group IV 5,871.14 Group X 6,080.00 Medical Supply Depot Inc. Item If 134 794.88 Item If $ 135 385.00 156 75.80 141 252.00 143 91. 20 163 561.60 Micro Bio-Medics Inc. Total $ 27,295.22 Item If 107 $ 90.18 108 324.00 136 132.48 Suncoast Surgical Supply 142 24.45 147 43.74 - 148 43.74 Group VI $ 1,323.40 Group IX 609.40 149 43.74 Item If 103 21. 60 Total $ 702.33 109 23.70 110 51. 70 115 11 7 . 00 Safety Supply America 151 101.16 Item If 152 $ 187.20 157 299.52 Total $ 2,247.96 Total $ 486.70 Foster Medical Supply Item If 137 $ 77 . 40 138 55.00 146. 39.00 . 150 42.40 Total $ 213.80 " ' .. VENDOR AWARDS AND DOLLAR AMOUNTS Frontline Medical Sunbelt Medical Group V $ 307.40 Item If 113 $ 373.50 Group VIII 6,752.40 117 116. 00 120 33.84 Item If 105 13.62 121 238.00 111 4.80 122 278.00 112 80.00 123 95.04 114 52.40 124 382.50 139 93.60 125 253.50 140 26.00 127 486.50 153 135.36 128 215.00 154 200.00 129 322.50 159 13 . 00 130 297.00 131 805.00 $ 7,678.58 132 106.80 Total 133 510.00 Total $ 4,513.18 Joseph Gartland Item If 160 $ 5,320.00 161 2,660.00 2,660.00 Total $ 10,640.00 - ,/ " ' . . , . . AWARD RECOMMENDATIONS PER ITEM I GROUP Group I . . . . . Award to Branches Medical Low bidder Frontline bid an alternate. This group contained some NO Substitute items. Group II . . . . Award to Aero Products Corp. - Low Bidder Group III . . . . Award to General Medical - Low Bidder Group IV . . . . Award to Aero Products Corp. - Low Bidder Group V . . . . . Award to Frontline Medical - Low Bidder Group VI . . . . Award to Suncoast Surgical Supply - Low Bidder Group VII . . . . Award to Branches Medical - Low Bidder Group VIII . . . Award to Frontline Medical - Low Bidder Group IX . . . . Award to Suncoast Surgical Supply - Low Bidder Group X . . . . . Award to Aero Products - Low Bidder Itemfl 103. . . . . . . Award to Suncoast - Low Bidder 104. . . . . . . Award to Cook Inc. - Low Bidder (Frontline) substituted - This was a NO Substitute item. 105. . . . . . . Award to Frontline - Low Bidder 106. . . . . . . Award to Cook Inc. - Low Bidders{Armstrong and Aero Products) substituted. This was a No Substitute item. 107. . . . . . . Award to Micro Bio-Medics - Low Bidder 108. . . . . . . Award to Micro Bio-Medics - Low Bidder 109. . . . . . . Award to Suncoast Surgical Supply - Low Bidder 1l0. . . . . . . Award to Suncoast Surgical Supply - Low Bidder Low Bid (Foster Medical) stated they quoted wrong price. llI. . . . . . . Award to Frontline Medical - Low Bidder 112. . . . . . . Award to Frontline Medical - Low Bidder Low Bid (Mega Nursing) stated they quoted wrong price. 113. . . . . . . Award to Sun Belt Medical - Second Low Bidder Low Bidder (United States Trading) ** 114. . . . . . . Award to Frontline - Low Bidder llS. . . -. . . . Award to Suncoast Surgical Supply - Low Bidder 116. . . . . . . Award 1to Matrx Medical - Second low bidder Low Bidder (Sun Belt) bid an alternate. This was a NO substitute item. Matrx bid is a Pfizer product as specified. 117. . . . . . . Award to Sun-Belt Medical Low Bidder (United States Trading) ** 118. . . . . . . Award to Branches Medical - second low bid Low Bidder (United States Trading) ** 119. . . . . . . Award to Matrx Medical - Low Bidder qO. . . . . . . Award to Sun Belt Medical - Low Bidder 12I. . . . . . . Award to Sun Belt Medical - Low Bidder 122. . . . . . . Award to Sun Belt Medical - second low bidder Low Bidder (United States Trading) ** 123. . . . . . . Award to Sun Belt Medical - Low Bidder 124. . . . . . . Award to Sun Belt Medical - second low bid Low Bidder (United States Trading) ** 125. . . . . . . Award to Sun Belt Medical - second low bid Low Bidder (United States Trading) ** 126. . . . . . . Award to Matrx Medical - Low Bidder 127 thru 132. . . Award to Sun Belt Medical - second low bid Low Bidder (United States Trading)** " ' 133. . . . . . . Award to Sun Belt Medical - Low Bidder 134. . . . . . . Award to Aero Products - Low Bidder 135. . . . . . . Award to Aero Products - Low Bidder 136. . . . . . . Award to Micro Bio Medics - Low Bidder 137. . . . . . . Award to Foster Medical - Low Bidder 138. . . . . . . Award to Foster Medical - Low Bidder 139. . . . . . . Award to Frontline Medical - Low Bidder 140. . . . . . . Award to Frontline Medical - Low Bidder 141. . . . . . . Award to Aero Products - Low Bidder 142. . . . . . . Award to Micro Bio Medics - Low Bidder 143. . . . . . . Award to Aero Products - Low Bidder 144. . . . . . . Award to General Medical - Low Bidder 145. . . . . . . Tie Bid - Award to General Medical - Closest vendor (local - Pompano) to City of Delray. Frontline Medical located in Ocala. 146. . . . . . . Award to Foster Medical - Low Bidder 147. thru 149. ... Award to Micro Bio Medics - Low Bidder 150. . . . . . . Award to Foster Medical - Low Bidder 151. . . . . . . Award to Suncoast - Low Bidder 152. . . . . . . Award to Safety Supply - Low Bidder 153 thru 154. . . Award to Frontline - Low Bider 155. . . . . . . No Award - No Bids received. 156. . . . . . . Award to Medical Supply Depot - Low Bidder 157. . . . . . . Award to Safety SUpply - Low Bidder 158. . . . . . . Award to Matrx Medical - Low Bidder 159. . . . . . . Award to Frontline Medical - Low Bidder 160. . . . . . . Award to Joseph Gartland - The two low bidders (Safety Equip. and Safety Supply Corp) bid gloves which did not meet specifications. 161. Award to Joseph Gartland (SEE ABOVE) *** 162. Award to Joseph Gartland (SEE, ABOVE) , 163. . . . . . . Award to Aero Products - Low Bidder 164. . .~. . . . . Award to Armstrong Medical - Only Bid received. ** Per memo Dated April OS, 1993 (copy attached) Problems with United States Trading Corp. in placement of orders, shipment of orders in appropriate ~ime, shipping incorrect items, and not feturning our phone calls. We will not be awarding any bid items to them. Also. after receipt of bids this year, phone calls were placed to vendor inquiring info~tion on bid prices and these calls were never returned. *** Bid specifications called for "Cranberry Glove", hypo-allergenic. We requested samples from the three low vendors. The gloves submitted were not- hypo-allergenic or Cranberry Glove as speGified in bid. These vendors did not bid an Equal Product. / ....-'.-..,. ..,.:~.-.", . '. [IT' DF DELRA' BEA[H FIRE DEPARTMENT M E M 0 RAN DUM TO: JACKIE ROONEY, BUYER ASSISTANT FIRE CHIEF~ THROUGH: MICHAEL WIGDERSON, FROM: DENNIS MORLEY, PARAMEDIC LIEUTENANT DATE: APRIL 5, 1993 SUBJECT: MEDICAL AND DRUG SUPPLIES BID Regarding items, 117, 119, 125, 132, 141, 142, 146, 150, 160, 163, 168, and 169. Please refer to the attached schedule for the items that should be deleted. Regarding items 165, 166, and 167, the specifications should read: Latex glove (lg, md, sm) brand name "Cranberry Glove" or approved hypo-allergenic glove. Also, regarding item 135, it should read: Naloxone syringe 2mgj2ml, Abbott, I.M.S. , Lypo Med, or approved equal. Please add the -following items: -:;). vi f' (l.~ Sodium Chloride Bags 0.9% 100ml for IV administration. ~ Travenol, Abbott, or Baxter. (No Substitutes) ~ Also, I would like to bring to your attention that over the past couple of months I have had several problems with the United States Trading Corporation. A case in point is that I have had some aminophylline syringes on order since February 10th. I have also had problems with their failing to return calls and with them sending the incorrect items. I would prefer that they not be considered as vendors for the next bidding period. If you have any other questions please contact me at any time. i~s~ Paramedlc Lieutenant FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 407/243.7400. FAX 407/265-4660 '. ' I . . "' ~I "' "' "' "' "' "' ~I "' :J> ::0 ::0 ::0 ::0 ::0 ::0 ::0 ::0 'tJ 0 0 0 0 0 0 0 0 0 ::0 C C C C C C C C C .... 'tJ 'tJ 'tJ 'tJ 'tJ 'tJ 'tJ 'tJ 'tJ 'tJ r In x .... < <:>:l < < .... .... .... ..... 0 " ..... X ..... .... e ..... < .... ..... ID ... I .... ..... .. I .... I . .... I .... n I I I ':3" I I I .... X 0 '" ro....~:J> ....~Ul ..,!/OID ......,(") .........,.., ","'Ul .., ." 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Q, 0- C'l .Q <= .... :' C"l z -< 0 0 0 to Z Z 0 rJl 0 0 0 ,.. ... t:D "" .... .... .... ::l 0- 0- ;> \:) : -S , I I I ...J C- " ' . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM it ~ , ~ .s - MEETING OF JUNE 22. 1993 INTERLOCAL AGREEMENT WITH LAKE WORTH DRAINAGE DISTRICT DATE: June 18, 1993 This item is before you to approve an interlocal agreement with Lake Worth Drainage District in conjunction with the development of a wellfield at Morikami. The agreement provides that as a condition of receiving permits from the Lake Worth Drainage District and South Florida Water Management District to construct and operate a wellfield, the City must fairly and equitably provide for and allocate the costs of improvements required to insure adequate water resources for all users within and without the District boundaries. Simply stated if the Lake Worth Drainage District is required to update the pump which brings water from the conservation area to the canals in order to meet consumption, the City would be responsible for a portion of the costs to update the equipment. The estimate for the City's share will not exceed $50,000 for the first two years of the agreement. Thereafter the City will be required to pay its pro-rata share of the expenses and funding. The City Attorney's office has reviewed the agreement and found it legally sufficient as to form. Recommend approval of the interlocal agreement with Lake Worth Drainage District. ,. . . J !';../ ,,' r . Agenda Item No.: AGENDA REQUEST Date: June 16, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: June 22, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve the proposed Interlocal Agreement between Lake Worth Drainage Distrist and the city of Delray Beach. The Lake Worth Drainage District has approved this draft. This agreement pertains to the construction and operations of wellfields located in the Morikami area. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of this Interlocal Agreement. D~partment Head ~~~ ~ftg'~3 G?JL S~gnature: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. , ,"". . . [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE zoo NW Isl AVENUE . DELRApijZA-C~k: F;r.qIU~A.33444 FACSltvllLE 407/278-4755 . \ "-' u t_ i':;' C U Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: June 14, 1993 TO: Dick Hasko, Assistant City Engineer FROM: Susan A. Ruby, City Attorney SUBJECT: L.W.D.D. Agreement - Morikami Wellfield - Project #91-013 r have reviewed the Agreement and find it legally sufficient as to form. r am making no comment and have not been involved in the negotiations regarding the content of the Agreement, so that I am unable to comment whether it meets with direction given by Environmental Services or other City Departments. s~ . < '. ' ~"' , . . : LAW OFFICES VANCE & DONEY, P.A. SUITE 200, BARRISTERS BUILDING 1615 FORUM PLACE. Efl,PI elf!;: t~, rtM1\1 WEST PALM BEACH, FLORIDA 33401 l:j V 0: 'tf ~ II"t~t"f! f"t.. JAMES W, VANCE 93 JUN -1 AM ,0' t:5 Telephone ,-I! i . -z.)", WILLIAM P. DONEY (407) 684-5544 B. DOUGLAS MacGIBBON I:~ F~' eEl :..~ *"..,.~ Facsimile c.tJ (407) 684-0833 June 2, 1993 Mr. W. H. Greenwood Director of utilities City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 34444 Dear Bill, Enclosed please find a final copy of the Interlocal Agreement between Lake Worth Drainage District and the City of Delray Beach Regarding the City's Wellfield. The Lake Worth Drainage District has approved this draft. Please present this to the City Council at your earliest convenience. Sincerely, ~w. v?;;e y~ JWV/hh Encl. . I 'f' ""1' I . . . INTERLOCAL AGREEMENT BETWEEN LAKE WORTH DRAINAGE DISTRICT AND THE CITY OF DELRAY BEACH REGARDING THE CITY'S WELLFIELD THIS AGREEMENT executed this ____ day of ____, 19 _, by and between the LAKE WORTH DRAINAGE DISTRICT, a Special Taxing '. , District in the State of Florida, whose mailing address is 13081 Military Trail, Delray Beach, Florida 33484, hereinafter referred to as "DISTRICT" , and the CITY OF DELRAY BEACH, a Municipality of the State of Florida, whose mailing address is 100 NW First Avenue, Delray Beach, Florida 33444, hereinafter referred to as "DELRAY"; and WHEREAS, it is the intent of "DELRAY" to locate new wellfields within the jurisdictional boundaries of the "DISTRICT"; and WHEREAS, the united States Geological Survey and the South Florida Water Management District have performed studies and have developed models which provide data that may be relied upon to provide the necessary information as to the needs for recharge of adversely effected areas within the "DISTRICT", as a result of the demand of new wells within the "DISTRICT" upon existing surface waters; and . WHEREAS, "DELRAY" acknowledges that as a condition to receiving any permits to construct and operate any new wellfield~ within the "DISTRICT" from South Florida Water Management District" and the Lake Worth Drainage District, "DELRAY" must fairly and equitably provide for and allocate the costs of improvements required within the "DISTRICT" "to insure adequate water resources for all users within and without the boundaries of the "DISTRICT"; and WHEREAS, the interests of the "DISTRICT" and "DELRAY" coincide in insuring the proper conservation of water resources and the costs related thereto, together with insuring the equitable ! distribution and allocation of these water resources among the various water using entities in the region; and '. ' . . , WHEREAS, Florida Statute, Section 163.01 allows governmental units to make the most efficient use of the powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the execution of this agreement is in the best interest of both governmental units by promoting efficient drainage and water conservation within the boundaries of the governmental agencies. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the "DISTRICT It and "DELRAY" agree as follows: 1. The above recitals are true and correct. 2. This Agreement is subject to any additional provisions that may be required in conjunction with South Florida Water Management Permit Application No. 930129-6. 3. "DELRAY" agrees to participate in an equitable basis in funding of any improvements required to correct any adverse impact resulting from the operation of any existing, new and anticipated water consumptive uses within the "DISTRICT", provided that: A. "Equitable basis" as used above shall be defined as the actual percentage of water withdrawn from the Morikami Park Wellfield for use by "DELRAY" as compared to the total quantity of South Florida Water Management District's permitted water users located within the boundaries of the "DISTRICT". B. Mitigation measures will be confined to pumpage of water from canals operated by the South Florida Management District or canals operated by the "DISTRICT" in accordance with policies and procedures of the South Florida Water Management District and "DISTRICT". C. The "DISTRICT" will assess the basis on which its annual property assessment is calculated and the extent to which revenues generated through the "DISTRICT'S" annual property assessment appropriately provides funding for the needed 2 '. , . . . . improvements, as compared to any additional improvements that are needed resulting from the wells being located and operated by "DELRAY" in conjunction with this agreement. Further, the "DISTRICT" agrees to assist "DELRAY" in an attempt to insure that to the extent constituents of the "DISTRICT" and "DELRAY" overlap, there will be no double impact on such parties. D. Where appropriate, mitigation measures will be adjusted to provide "DELRAY" credit for implementing water conservation measures, including, but not limited to, wastewater reuse and aquifer storage and recovery. 4. "DELRAY" and "DISTRICT" agree that, because the potential cost to "DELRAY" cannot be fixe~ or budgeted at this time, the obligation of "DELRAY" to financially participate in the implementation of the terms of this Agreement shall be subject to all applicable statutory regulations governing the budgeting and expenditure of public funds in effect at the time the financial participation is required. If it is not possible to make the required financial contribution in the year the amount is determined, "DELRAY" agrees to have the funds budgeted in the following year. The "DISTRICT" and "DELRAY" estimate that "DELRAY'S" allocable share of capital costs for project improvements and costs of operating said improvements will not exceed the sum of $50,000.00 for the first two ~ears of this agreement. Following the expiration of the two year term "DELRAY" I agrees to pay its pro-rata share of expenses and funding as set forth in paragraph (3 ) hereinabove. The "DISTRICT" agrees to furnish "DELRAY" with records detailing the basis for actual allocation of costs to "DELRAY". In the event "DELRAY" has a dispute as to the annual allocation of costs, "DELRAY" shall raise such issues within ninety (90) days of receipt of the costs allocation from "DISTRICT", upon which "DISTRICT" and "DELRAY" shall in good faith attempt to resolve any such disputes. In the event such a dispute cannot be timely resolved to the satisfaction of both parties, "DELRAY" shall make the payment to the "DISTRICT" 3 .. , . . . . . as requested by the "DISTRICT" without prejudice to seek review of the dispute in the appropriate legal forum. If "DELRAY" has overpaid, "DISTRICT" shall refund any overpayment plus interest earned by the "DISTRICT" during the overpayment period within ninety (90) days. 5. To the extent allowed by law, the "DISTRICT" and "DELRAY" agree to enact ordinances, resolutions and to enter into any additional contracts with each other or third parties which are reasonably necessary to provide effect to this Agreement and the obligations undertaken herein. 6. Except as modified herein, this Agreement shall be subject to all applicable provisions of law. A copy to this Agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. 7. This Agreement may only be amended upon mutual written consent of the "DISTRICT" and "DELRAY". 8. This Agreement shall become effective upon adoption by the respective governing bodies of the "DISTRICT" and "DELRAY". IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. LAKE WORTH DRAINAGE DISTRICT APPROVED AS TO FORM AND BY: . LEGAL SUFFICIENCY John I. Whitworth, III President 13081 Military Trail BY: Delray Beach, FL 33484 Attorney for L.W.D.D. ATTEST: William G. Winters Secretary 13081 Military Trail Delray Beach, FL 33484 ATTEST: CITY OF DELRAY By: By: City Clerk Thomas E. Lynch, Mayor (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney 4 " ' "",' . . . . . ~ j.r.:_.... STATE OF FLORIDA: COUNTY OF PALM BEACH: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared JOHN I. WHITWORTH, III and WILLIAM G. WINTERS, the President and Secretary, respectively, of the Lake Worth Drainage District, known to me, and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the day of ,.1993. NOTARY PUBLIC State of Florida My Commission Expires: . 5 ., ~. " . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION '/ -:.-'1- u- , / REGULAR MEETING - JUNE 22. 1993 - 6:00 P.M. ,-11.. / PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED TO INCLUDE: T. RESOLUTION NO. 64-93: A resolution authorizing the appropriate City officials to execute the documents necessary to obtain the release of RCA Common Stocks. U. 1992 STREET RESURFACING PROGRAM: Approve additional roads to be improved in conjunction with the 1992 Street Resurfacing Program. " ' . ~- --.- ----- -----~ RESOLUTION NO. 64-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF DELRAY BEACH, FLORIDA, TO EXECUTE THE DOCUMENTS NECESSARY TO REDEEM AND RELEASE TWENTY-FIVE (25) SHARES OF RCA COMMON STOCK; ! i PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, is a municipal corporation organized and existing under and by virtue of the laws of the State of Florida; and WHEREAS, the City of Delray Beach, Florida, pursuant to its Charter, shall have all governmental, corporate and proprietary powers to enable it to conduct municipal" government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, pursuant to Section 3.01 of the Charter of the City of Delray Beach, Florida, the re shall be a City Commission with all legislative powers of the City vested therein; and I WHEREAS, the City Commission of the City of Delray Beach, Florida, met in regular session on the 22nd day of June, 1993, at which meeting a quorum was present. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor, the City Clerk, and the Director of Finance of the City of Delray Beach, Florida, be and they are hereby fully authorized and empowered to transfer, endorse, sell, assign, set over, and deliver any and all shares of stock, bonds, debentures, options, notes, evidences of indebtedness, or other securities now or hereafter standing in the name of or owned by the City of Delray Beach, Florida, and to make, execute, and deliver, under the corporate seal of the City, any and all written instruments necessary or proper to effectuate the authority hereby conferred. Section 2. That the authority hereby conferred is not inconsistent with the Charter of the City of Delray Beach, Florida, and that the following is a true and correct list of the members of the City Commission as of the present date: ., I . - -------- ------ -~-- -- ----- Mayor Thomas E. Lynch Commissioner Barbara D. Smith Commissioner Jay Alperin Commissioner Kenneth C. Ellingsworth Commissioner David Randolph Section 3. That this Resolution shall become effective i immediately upon passage. I I PASSED AND ADOPTED in regular session on this the 22nd day I I of June, 1993. ~~~ ~ MAY &'R ATTEST: (h {ymi7JJ!.~ j(~'gllI/t;JJr Clty erk . CORPORATE SEAL I - 2 - Res. No. 64-93 -, ' KEANE TRACERS INC. AUTHORIZA nON TO REDEEM AND RELEASE First Chicago Trust Company of New York 30 West Broadway New York, NY 19003 Re: City of Delray Beach Joseph Safford, authorized officer Account No. 297512448 Social Security No. CASE NO. 9O-3203-A Dear Sir/Madame: I am the authorized officer of the captioned account and am making claim for the shares of stock described below: Issuer and Class Certificate Number(s) Number of Shares RCA Common Unknown 25 (redeemed @ $66.50 per share) / >< / I cannot locate the shares of RCA. Please prepare Affidavits of Loss and Indemnity Agreements and forward them to Keane Tracers, Inc. / _/ Enclosed you will find the RCA shares. Please proceed with the redemption. Once the redemption has been completed, please issue the redemption proceeds in my name. Forward any and all such checks to mv attention care or Keane Tracers. Inc.. One Tower Bridl!e. 100 Front Street. Suite 300. West Conshohocken. PA 19428-2886. Finally, change my address as set forth on your books and records to the mailing address set forth below: Mr. Joseph Safford City Finance Director 100 NW 1st Avenue Delray Beach, FL 33444 As evidence of the above mailing address, I am enclosing: _ photocopy of my driver's license; _ voided personal check; _ photocopy of my utility bill. / ~ "-- AUTHORIZED SIG1II.ATURE Dated: NAME Q&'\OUARAN R4lSfI11'tm@)N SeCUIIITlES TRANSFER AGENfS MEDAlc'ON PROGRAM'. . One Tower Bndge 100 Front Street. Suite 300 West Conshohocken. PA. '9428-2886 (215)828-1888 FA.X(2'S)828-0628 " ' . MEDALLION SIGNATURE GUARANTEE INSTRUCfIONS To obtain an acceptable medallion signature guarantee, you should be aware of the following: 1. You can obtain an acceptable guarantee from: a) a U.S. commercial bank, b) a U.S. savings bank, c) a member firm of a national securities exchange (such as a major brokerage firm), d) a foreign bank with a U.S. correspondent bank, e) a federally chartered savings and loan association, or t) a domestic credit union. 2. A notarized signature is n2l acceptable! A notarization is simply a witnessing of your signature. A signature guarantee affirms that your signature matches that which the guaranteeing institution has on file and that your signature is not a forgery. 3. To obtain the guarantee, you will need to take the unsigned document to the guaranteeing institution. They will not guarantee your signature unless you sign in their presence. (Be sure to bring the kind or personal identification that will aid in the process, i.e., photo driver's license, social security card, birth certificate, marriage license, etc...). 4. To be acceptable. the guarantee must contain the institution's special medallion signature guarantee stamp (which will contain the phrases "signature guaranteed" and "medallion guaranteed" along with the name of the institution), and the institution's official seal. 5. A rubber address stamp is NOT acceptable as a substitute for the medallion guarantee stamp or official seal. 6. To be acceptable, the guarantee must also include the signature or an officer or principal or the institution signing in his or her official capacity. The name and title of the officer or principal should be printed beneath his or her name. 7. The guarantee should not be dated or limited in any way. KmNC.(rev. 1/93) '. ' KEANE TRACERS INC. May 28, 1993 Mr. ] oseph Safford City Finance Director 100 NW 1st Avenue Delray Beach, FL 33444 CASE NO. 9O-3203-A Re: City of Delray Beach Dear Mr. Safford: Thank: you for your signed Agreement. I am pleased to provide you with the following information. City of Delray Beach is the registered owner of 25 shares of RCA Corporation common stock. In 1986, RCA Corporation merged with General Electric. At the time of the merger, each common share of RCA was called for a cash redemption of $66.50 per share. These shares must now be redeemed. To date, the original RCA stock certificates have not been presented for redemption. As a result, the redemption proceeds, held on your behalf by General Electric, have been classified as unclaimed and could possibly remit to state authorities under the abandoned property statutes. In order to claim the redemption proceeds, your original RCA Corporation stock must be surrendered. Please review your financial records to determine the status of the original shares and indicate such on the enclosed Authorization to Release. Please note, the Authorization requires a signature "medallion guarantee" so please be sure to read the enclosed list of instructions carefully. In addition, please execute the enclosed Form W-9, Corporate R~tion and \ Authorization to Distribute. Please list yourself as an Officer, have the -BeeF8&ary..s and affix the Corporate Seal. The Authorization will indicate your desire for the redemption's distribution. Upon completion of B1l the documents, please return them to this office as soon as possible so that I can take the steps necessary to secure the assets to which you are entitled. Thank: you. If you have any questions, please feel free to call me. Sincerely, r~~ C~- ~~~" MICHELLE A. MASUCCI Processing Department (Extension 3030) MAM/lag . Encl. One Tower Bridge ~OO Front Street SUite 300 West Conshohocken. PA 19428-2886 (215)828-1888 FAX(215)828-0628 '. ' .. , '90-3203 Form W-g Request for Taxpayer Give this form to (Rev. September 1991) Identification Number and Certification the requester. Do Department of the Treasury NOT send to IRS. Internal Revenue Service Name (If JOint names, list first and CIrcle the name of the person or entity whose number you enter In Part I below. See instructions an page 2 if your name has changed.) III Cit of Delra Beach; Jose h Safford Authorized Officer Co ~ Business name (Sole proprietors see Instructions on page 2,) ... 0 ~ c 0 Keane Tracers Inc. 't: Address (number and street) List account number(s) here (OPtional) Co III One Tower brid Suite 300 100 Fr RCA Corporation III e <II III City, state, and ZIP cOde Acct# 297512448 a:: West Conshohocken PA 1 428-2886 Tax a er Identification Number (TIN) For Payees Exempt From Enter your TIN in the appropriate box. For Backup Withholding (See individuals, this is your social security number instructions on page 2) (SSN). For sole proprietors, see the instructions on page 2. For other entities, it is your employer Ey.GmPJ identification number (EIN). If you do not have a number, see How To Obtain a TIN. below. Requester's name and address (optIOnal) Note: If the account is in more than one name, see the chart on page 2 for guidelines on whose number to enter. Certification.-Under penalties of perjury, I certify that: (1) The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and (2) I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. Certification Instructions.-You must cross out item (2) above if you have been notified by the IRS that you are currently subject to backup Withholding because of underreporting interest or dividends on your tax return. For real estate transactions, item (2) does not apply. For mortgage interest paid, the. acquisition or abandonment of secured property, contributions to an individual retirement arrangement (IRA), and generally payments other an interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (Also see Signing the Cert: age 2.) Please Q Sign ~ ZI )93 Here Date .. (Section references are to' 60 days to obtain a TIN and furnish it to the broker and barter exchange transactions, rents, Code.) requester. If the requester does not receive your royalties, nonemployee compensation, and Purpose of Form.-A person who is required to TIN within 60 days, backup withholding, if certain payments from fishing boat operators, file an information return with the IRS must applicable, will begin and continue until you but do not include real estate transactions. obtain your correct TIN to report income paid to furnish your TIN to the requester. For reportable If you give the requester your correct TIN, you, real estate transactions, mortgage interest interest or dividend payments, the payer must make the appropriate certifications, and report you paid, the acquisition or abandonment of exercise one of the following options concerning all your taxable interest and dividends on your secured property, or contributions you made to backup withholding during this 60-day period. tax return. your payments will not be subJect to al1 IRA. Use Form W-9 to furnish your correct Under option (1). a payer must backup withhold backup withholding. Payments you receive Will TIN to the requester (the person asking you to on any withdrawals you make from your account be subject to backup withholding if: furnish your TIN) and, when applicable, (1) to after 7 business days after the requester 1. You do not fumlsh your TIN to the certify that the TIN you are furnishing is correct receives this form back from you. Under option requester, or (or that you are waiting for a number to be (2), the payer must backup withhold on any 2. The IRS notifies the requester that you issued), (2) to certify that you are not subject to reportable interest or dividend payments made fumished an incorrect TIN. or backup withholding, and (3) to claim exemption to your account, regardless of whether you make from backup withholding if you are an exempt any withdrawals. The backup withholding under 3. You are notified by the IRS that you are payee. Furnishing your correct TIN and making option (2) must begin no later than 7 business subject to backup withholding because you the appropriate certifications will prevent certain days after the requester receives this form back. failed to report all your interest and dividends on payments from being subject to backup Under option (2), the payer is required to refund your tax return (for reportable interest and withholding. the amounts withheld if your certified TIN is dividends only), or Note: If a requester gives you a form other than received within the 60-day period and you were 4. You fail to certify to the requester that you a W-g to request your TIN, you must use the not subject to backup withholding during that are not subject to backup withholding under (3) requester's form, period. above (for reportable interest and dividend How To Obtain a TIN.-If you do not have a Note: Writing "Applied for" on the form means accounts opened after 1983 only), or TIN, apply for one immediateiy, To apply, get that you have already applied for a TIN OR that 5. You fail to certify your TIN. This applies only Form SS-5, Application for a Social Security you intend to apply for one in the near future. to reportable interest, dividend, broker, or barter Number Card (for individuals), from your local As soon as you receive your TIN, complete exchange accounts opened after 1983, or broker office of the Social Security Administration, or another Form W-9, include your TIN, sign and accounts considered inactive in 1983, Form SS-4, Application for Employer date the form, and give it to the requester. Except as explained in (5) above, other Identification Number (for businesses and all What Is Backup Wlthholding?-Persons making reportable payments are subject to backup other entities), from your local IRS office. certain payments to you are required to withhold withholding only if (1) or (2) above applies. To complete Form W-9 if you do not have a and pay to the IRS 20% of such payments Certain payees and payments are exempt from TIN, write "Applied for" in the space for the TIN under certain conditions. This is called "backup backup withholding and information reportirtg. In Part I, sign and date the form, and give it to Withholding." Payments that could be subject to See Payees and Payments Exempt From the requester. Generally, you will then have backup withholding include Interest, dividends, Cat. No, 10231X Form W-9 (Rev. 9-91) " ' . AUTHORIZATION TO DISTRIBUTE p\l I, JOSEPH SAFFORD, authorized officer for the City of Delray Beach, desire an immediate distribution once the redemption check is in Keane's possession. Accordingly, I hereby authorize Keane to endorse the RCA check(s) in the Amount of $1062.50 drawn from AccOlmt No. 297512448. It is understood that Keane will then deduct its fee of $371.88 and forward the balance to my attention. [ l I, JOSEPH SAFFORD, authorized officer for the City of Delray Beach, wish to pay Keane by personal check in the amount of $371.88 once the redemption check is in Keane's possession. Keane will then forward the original redemption check to my attention. i " , CASE NO. 9O-3203-A " ' . . . , -, ~ CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION (; ( ~ REGULAR MEETING - JUNE 22. 1993 - 6:00 P.M. ,-11/ // PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED TO INCLUDE: T. RESOLUTION NO. 64-93: A resolution authorizing the appropriate City officials to execute the documents necessary to obtain the release of RCA Common Stocks. U. 1992 STREET RESURFACING PROGRAM: Approve additional roads to be improved in conjunction with the 1992 Street Resurfacing Program. '. I "/~~ ~ . RECEIVED JUN ""993 MEMORANDUM CITY MANAGER'S OFFICE TO: David T. Harden city Manager tt1 THRU: William H. Greenwood ~ Dir. of Environmental services FROM: Ralph E. Hayden, P.E.~ / city Engineer "i ~ DATE: June 15, 1993 SUBJECT: 1992 street Resurfacing Program Project No. 92-01 Attached are cost estimates and drawings indicating additional roads to be overlayed with funds remaining from the estimates in the original resurfacing contract and change order #2. We are confident this work can be completed for the estimated $30,339.60. Based on our past estimates on this project, the final totals are generally less than 90% of the original estimate. This work will consist of overlaying approximately 0.5 miles of roadways, constructing 730 feet of sidewalks, and grading and sodding swales between sidewalks and pavement. The roads included are as follows: 1.) N.W. 8th st. (N.W. 1st Ave. to swinton Ave.) 2.) N.W. 1st Ave. (N.W. 9th st. to change in pavement north of N . W. 7th st.) 3.) N.W. 6th st. (N.W. 1st Ave. to Swinton Ave.) 4.) N.E. 6th st. (Swinton Ave. to N.E. 2nd Ave.) Includes: sidewalks and swales on north side These roads were chosen based on citizen inquiries and Engineering Department review. Based on the discussion at DSMG and your prior approval we will issue a field order to Hardrives for this work. The funding source for this project is 225-3162-541-61.17. RH:HW:mm:kt cc: Ted Glas, Purchasing Officer Lula Butler, Director of Community Improvement Howard Wight, Construction Manager File: Project No. 92-01 (D) Memos to City Manager <r U RH201303.MRM 0 '.' '. . 06/14/93 1992 STREET RESURFACING PROGRAM: PRomcr ~ 92-001 ITEM UNIT FINAL FINAL No. DESCRIPTION UNIT PRICE QUANTITY TOTAL 1. Mobilization/traffic L.S. $7,000.00 1 $7,000.00 2. Clearing & Grubbing L.S. 2,000.00 1.22 2,440.00 3a. Swale grading & 6" S.Y. 3.50 0 0.00 stabilized shoulder b. Swale grading stabilized S.Y. 1.65 3,211 5,298.15 area 4. 4" Concrete SW S.F. 1.85 8,205 15,179.25 5. 6" Concrete SW ~ S.F. 2.80 660 1,848.00 6. Valve box adjust. Ea. 25.00 15 375.00 7. Manhole adjust. Ea. 95.00 7 665.00 8. Inlet grates adjust. Ea. 250.00 0 0.00 9. Pavement Widening S.Y. 20.00 236 4,720.00 10. Type S-llI asphalt TONS 31.69 1,220.47 38,676.69 11. Striping 6" white L.F. 0.42 4,440 1,864.80 12a. Striping 6" yellow L.F. 0.42 4,444 1,866.48 12b. Striping 4" yellow L.F. 0.27 160 43.20 13. Striping 24" white L.F. 1.65 139 229.35 14a. Striping 18" white L.F. 1.26 54 68.04 14b. Striping 12" white L.F. 0.84 104 87.36 15. School message Ea. 90 .00 2 180.00 16. Single head arrow Ea. 35.00 2 70.00 17. Double head arrow Ea. 65.00 0 0.00 18. "QNL Y" message Ea. 75.00 0 0.00 19. Pavement markers Ea. 3.30 248 818.40 20. Sod S.Y. 1.45 3,359 4,870.55 21. Testing allowance L.S. 500.00 0 0.00 22. Video allowance L.S. 250.00 0 0.00 23. Pavement patching S.Y. 25 .00 59 1.475.00 Total Cost $87.775.27 Budgeted Amount $287,557.00 Original Contract (168,166.28) Change Order #2 (87.775.21) Remaining Balance 31.615.45 9201.BAL 1 " ' . . . ENVIRONMENTAL SERVICES DEPARTMENT CITY OF DELRAY BEACH SCHEDULE "A" PROJECT NO.: 92-01 PROJECT NAME: 1992 Sreet Resurfacing Program (Change Order #3) CONTRACTOR: Hardrives, Inc. DATE: June 14, 1993 ITEM UNIT ESTIMATED ESTIMATED No. DESCRIP1'ION UNIT PRICE QUANTITY TOTAL 1. Mobilization L.S. $7,000.00 1 $7,000.00 2. Clearing & Grubbing/Removal Allowance L.S. $2,000.00 1 2,000.00 3. SWale grading & 6" stabilized shoulder S.Y. 3.50 150 525.00 (lime sludge furnished by city) 4. Swale grading for areas already stabilized S.Y. 1.65 500 825.00 5. 4" Concrete Sidewalk S.F. 1.85 2,850 5,272.50 6. 6" Concrete Sidewalk S.F. 2.80 800 2,240.00 7. Manhole adjust. Ea. 95.00 4 380 .00 8. Type S-III asphalt TONS 31.69 330 10,457.70 9. Striping 4" yellow L.F. 0.27 480 129.60 10. Striping 24" white L.F. 1.65 90 148.50 11. Pavement markers Ea. 3.30 36 118.80 12. Sod S.Y. 1.45 650 942.50 13. Testing allowance L.S. 300.00 1 300.00 Total Change Order #3 $30.339.60 EST92-01.C03 '. 5T . . . .- ......... , ; ;>.: 0:::' U I.u 1.,..: toJ 2: OVE {{LA Y 50 I tJa: 11-/ A L k + Sw,4 L[ N.E. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ptir TY MANAGER SUBJECT: AGENDA ITEM it 9 A - MEETING OF JUNE 22. 1993 REVIEW OF APPEALABLE LAND USE ITEMS DATE: June 18, 1993 This item is before you for acceptance of the report of decisions made by the various development related boards during the period June 7, 1993 through June 18, 1993. The following actions were considered during this reporting period: Planning and Zoning Board did not consider any appealable items during this reporting period. Site Plan Review and Appearance Board: -Approved the architectural elevation plan (color change) for Shell Oil (5-1 vote). -Approved the architectural elevation plan (color change) for a commercial building located at 398 N.E. 6th Avenue (5-1 vote). Historic Preservation Board: -Granted a Certificate of Appropriateness in conjunction with the installation of a two car garage and boat enclosure at 334 N.E. 1st Avenue. -Granted a Certificate of Appropriateness and approved the site and landscape plans associated with the demolition of a cottage and conversion of a single family residence located at 124 N. Swinton Avenue to a craft shop (Nanny's Attic). Concurrently recommended approval of a request for reduction in the perimeter landscape buffer to one foot and waiver of the requirement to install trees within the landscape buffer along the north property line. A detailed staff report is attached as backup material for this item. " ' . . I R .~t... Ii' ,. ... .~.' ,... C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER DA euA~~u~ THRU: J. KOVACS, DIRECTO . ~ARTMENT OF PLANNING AND ZONING ta1"..~ ~ FROM: JASMIN ALLEN, PLANNER I . SUBJECT: MEETING OF JUNE 22, 1993 REPORT OF APPEALABLE LAND USE ITEMS JUNE 7, 1993 THRU JUNE Ie, 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 June 7, 1993, through June 19, 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 pro v ides tha t 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 June 7, 1993 thru June 18, 1993 Page 2 PLANNING AND ZONING BOARD MEETING OF JUNE 14, 1993 No appealable items were considered by the Board. The following agenda items which were considered by the Board will be forwarded to the City Commission as separate agenda items. * Forward proposed Plan Amendment 93-2 with the recommendation that it be forwarded without the inclusion of the Blood's Grove FLUM change (Vote 6 to 0). * Recommended approval (6 to 0) , of the annexation with initial zoning of Agriculture for the Taheri property. * Recommended denial (6 to 0), of the annexation with initial zoning of Community Facilities for a portion of the Blood's Grove property. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JUNE 16, 1993 1- Approved the architectural elevation plan (color change) for Shell Oil (former Exxon Gasoline Station) located at the southeast corner of Linton Boulevard and SW 4th Avenue (Vote 5 to 1). 2. Approved the architectural elevation plan (color change) for a commercial building located at 398 NE 6th Avenue (Vote 5 to 1). No other appealable items were considered by the Board. However, the following agenda item required Board action. * Approved a free standing business sign for Cater's Furniture, located at 1640 N. Federal Highway (Vote 5 to 0) . * . Approved a business sign for Cellular One, located within the South Delray Shopping Center (Vote 5 to 1). * Approved the business sign for Gaspers Cafe, located at 1111 E. Atlantic Avenue (Vote 5 to 1). HISTORIC PRESERVATION BOARD MEETING OF JUNE 16, 1993 A. Granted a Certificate of Appropriateness in conjunction with the installation of a two car garage and boat enclosure for a single family dwelling on the west side of NE 1st Avenue between NE 3rd Street and 4th Street (Vote 4 to 0). B. Granted a Certificate of Appropriateness, and approved the site plan and landscape plan associated with the demolition of a cottage and conversion of a the single family residence to a craft shop (Nanny's Attic), located on the west side of Swinton Avenue, between NE 1st Street and NE ., City Commission Documentation Report of Appealable Land Use Items June 7, 1993 thru June 18, 1993 Page 3 2nd street. Concurrently, the Board recommended approval to reduce the required perimeter landscape strip from 5' to 1 r along the north property line and a waiver of the requirement for trees within said area ( Vote 4 to 0). RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map " ' LOCATION MAP FOR CllY COMMISSION MEETING OF JUNE 22, 1993 L-30 CAtlAL w B ;;J ~ ~ j I i "'0. lAKE IDA IlOAD 1 I NW2ST SW2ST r1:~. .-" J ~TWlTIC ~ ! r--.- . . I ~ ~ a a i I a ~ LDWSON IOULIVARD I B I z 8 " (1)). , I i r I i r-----/---.-.j S i I '? 2 i w i I ~ .-.-.-----.--.------.-.---.---. a L-3I CANAL CI1Y UMITS --.-.-.-- S.P.R.A.B. rrEMS: H.P.B. ITEMS: I MILE I ,. - SHELL OIL It.. - 3J.$ N.E. 1 Sf AVENUE I . S.W. 4TH AVE. & UNTON BLVD. B. - 124 N. SWINTON AVENUE SCAlE 2. - 398 H.E. 6TH AVENUE N - CIlY OF DELRAY BEACH. FL PLANNINC OEPARTt.lENT ., ' I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM it ~ - MEETING OF JUNE 22. 1993 RENTAL REHABILITATION AWARD/MJD CONSTRUCTION SERVICES DATE: June 18, 1993 This item is before you to consider awarding the bid for the rehabilitation of rental units located at 11-27 S.W. 2nd Avenue to MJD Construction Services. This item was discussed at the June 8th regular meeting, at which time action was postponed to allow staff to review the work write-ups to evaluate the health and safety items which must be donej to eliminate some items which are not absolutely essential j and, to allow CRA staff to get something definitive in terms of a time frame of the Courthhouse Expansion from the County. Staff reviewed the work write-ups and recommend a reduction in the award from $107,520 to $66,750. Interior painting, doors, floor tile, and base moldings were deleted. Additionally, staff proposed repairing tubs, water closets and sinks as opposed to replacing them with new ones. The revised work plan was presented to the owner who refused to accept the revisions. It is his position that he has a right to fully participate in the City's Rental Rehabilitation program as any other citizen. With regard to the Courthouse Expansion, there is a proposal dated May 13, 1993 to amend the original interlocal agreement between the City, Community Redevelopment Agency and Palm Beach County to provide for acquisition of the property and conveyance to the County by October 1, 1994. A detailed staff report is attached as backup material for this item. Recommend action be deferred for ninety (90) days while the proposed amendment to the tri-partitie agreement between the Ctiy, Community Redevelopment Agency and Palm Beach County is negotiated; and, a resolution to the minimum landscape code requirements for the site are resolved. ~ ~. ()'l;). ~ rmotXdL -& ~ +iL ~ OAJ ~ fW-O~ Un;jO .".,;., 0Jmi - ~ ..t 107,6;;)(.), W~ 'tlL .~ ~ 0.., ~ ~ ~ Ifo:n . BJ\. '-f1~ hs do ~ ~ ~ to ~ c:i-- AT'\., h, ~ /\. ^ ^ If" ^ '" r-. ^ - - -11 1- -'- - A - /J <3 -fa I ~",IQ( ~~'~ \J.J\JL.U...I ~ v--- eolU~...(...u..on () 0fiX(J-()a.K. . fJ/.$SE/J71n90 . , , . Agenda Item No. : AGENDA REQUEST Date: June 17, 1993 Request to be placed on: x Regular Agenda Special Agenda When: June 22, 1993 Workshop Agenda CONSENT AGENDA Description of item (who, what, where, how much): CASEI ADDRESS RR AMT. INVESTOR'S SHARE 93-002rr 11-27 SW 2nd Avenue $33,375 $33,375 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda[ 0 on: Recommend consideration of ~ options: Award original bid amount f107,520); l~ayd pLupu~~d L~du~~J Aw?rn (~A6JrjOj 6F defer acc10n for ninety days. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ! Department Head Signature: ~~-----------_... City Attorney Review/ Recommendation (if applicable): Budget Director Review {required on all items involving expenditure of funds}: Funding available: YES/ NO I Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. ' I , . M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, CD COORDINATOR \f} ~ THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT~ DATE: JUNE 16, 1993 SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD ITEM BEFORE THE COMMISSION The Commission is to consider whether to award a bid for the Rental Rehabilitation of property located within the Community Redevelopment Agency's County Court House Expansion area. BACKGROUND The purpose of the Rental Rehabilitation program is to provide for safe and decent housing for low income tenants. The federal regulations allow for deferred loans, which serve as incentives to repair substandard rental units. The program matches the investor dollar for dollar up to $8500 per unit depending upon the number of bedrooms in the unit. The investor must agree to make his units available to low income persons for the life of the loan, to maintain the property's standard condition and to maintain rental levels at or below Fair Market Rents as determined by the Department of Housing and Urban Development. This particular Rental Rehabilitation project was before the Commission at the June 8, 1993 meeting. Due to the location of the property and the existing agreement between the City, the CRA and Palm Beach County, the Commission directed staff to revisit the proposed contract to determine whether there were items that could be deleted which were not health and safety items. We were also directed to come to agreement with the owner on the proposed deletions. Staff proposed a revised work write-up reducing the total contract amount from $107,520 to $66,750 (Investor/RRP to pay $33,375 each) by deleting interior painting, interior doors, floor tile, base moldings, and the replacement of two roofs. Additionally we proposed to repair tubs, water closets and sinks as opposed to replacing them with new. These items, except for the two roofs, are being proposed for deletion from all nine of the units. It should be noted that 6 of the nine units are vacant and that the owner eliminated all landscape and parking lot improvements from the project without a formal committment to address minimum requirements pursuant to the City's Land Development Regulations. , . When we presented the revised work plan to the owner he refused to accept the revision and followed-up our meeting with a letter to the City Manager expressing his concerns. It is his position that he has a "right to fully participate in the City's Rental Rehabilitation program as any other citizen". Additionally there is a proposal dated 5/13/93 to amend the agreement between the City, CRA and Palm Beach County to provide for acquisition of the property and conveyance to the County by October 1, 1994. This information impacts the decision to be made by the Commission. RECOMMENDATION Commission is presented with two options for consideration at this time: Option 1: Award the bid as originally presented at $107,520; Option 2: Defer action for ninety days while the proposed amendment to the tripartite agreement between the City, the CRA and Palm Beach County is negotiated and a resolution to the minimum landscape code requirements are resolved. Staff would recommend option 2. '. , . . V. C. NORRIS. M.D.. P.A. 104 S. W. I 'TH AVENUE OELRAY BEACH, FLORIDA TEL.~HONI 278.739fS VIRGIL C, NORRIS, M,O,. F.A.C,S. GENE.tJ\L SUlfOE"Y OI~L014ATI 01' THIE AI4IEIUCAI. aOA"D O~ aU"OE"V June 1 2 , 1 9 9 3 . Mr. David Harden, City Manager City of Delray Beach Delray Beach, Florida Dear Mr. Harden: Subsequent to the City Council Meeting on Tuesday, June 8, 1993, we find it necessary to advise you that we would like to proceed with our plans to participate in the City's Rental Rehabilitation Program for the Second Avenue Project as originally planned in an amicable manner. Enclosed are copies of letters to Mrs. Ellington dated October 29, 1992, and to you dated November 9, 1992, in which, I pro- pounded these same issues. A copy of your reply, dated December 9, 1992 is also enclosed. Let me reaffirm that we feel that we have every right to fully participate in the City's Rental R~habilitation Program as any other citizen. The CRA' s speculati\1e interest in the property should not restrict the use or opportunities for the property today. Some of the Council's intim~tions suggest to me de facto condemnation. WP. do appreciate your assistance in protecting the property as well as the rights. Yours very truly, , " - 7 ,.'L (.c '..-l ---<,<---- " V. c. -Norri~. D. cc. Mrs. Lula Butler RECEIVED Mrs. Dorothy Ellington JUN 1 5 1993 Ene: 3 COMMUNnYOEVELOPMENT . . '. ; , ,t /T'~ I''''' :'., rr~r~ ,. 'r~lq4 ~'~'''TJ.[~~ \~, , I '. ., ~' r. l' ~, , .' , , ! \ ~ .~"; i : ,', ,I;f d~"',. I. ' . ". . '." ...., , "II .' I r.. 1 :'''. .' . . "1 "'1' 7fl""I . . " December 9, 1992 , ,\ . :' i , Dr. Vlrgil C. Norrls 104 s. W. 11th Avenue l~ Delray neach, Florida 33444 Dear Dr. Norris: i In response to your letter of November 9th, I understand that .' stafE from our Community Improvement Department has met with you concerning your eligibility to participate in our Rental Rehabilitation Program. I also understand that your concerns regarding the Community Redevelopment Agency have bl!en resolved. ~ ; Please don't hesitate to contact me if I can be of any assistance. We look forward to your participation in the Rental Rehabilitation Program. .', . Sincerely, 1 . DAVID T. HARDEN" City Manager - DTH:mld c: Lula Butler , '" . . . . " . 'I , . v. c. NORmS. M. 0.. P. A. , lOA g, W. "TII AVENUE otLRAY IIt^CH. FLC'AIO^ \ - Ttl.ll,.HONIl 278.7308 .. 'I"ra\o. c ~lCnnt!1. ", fl. F',"',C.S. DI,.Lo,",ATI: 0," THI: Alu,,,eA" i ; . t:'a~'n:"A.t. ";V"'IF:IftY IIOA"D 0," eu"ctll"" . . Novemb~r 9, 1992 , I'1r. 0<'1'1i d Harden, City Manager City of DeIray Beach . ~. -. Delray Beach, Florida ; ~ t. ,. >, , ~ Denr Mr. Harden: l There liaR been some recent concern about the relationship ? between the CRA and the City Rental Rehabilitation Program. /' r Plea,se provide for me the documentation explaining this re- o. ! , tnt:ionghlp. Does the CRA Director decide which project~ these .t r . funds Clln be used for? Particularly if the CRA is int,:.erested q : Ln acquJrlng a property, what influence does the CRA Ot-rector l. i ; !. hnve in df~ciding which projects Rental Rehabilitation Funds ' ,I ~ , ; j:~ , i can be utilized in? , , ~4 \ I I Your enrly reply will be appreciated. . t . ~f~ Y~1S ver.r truly,. . j /1". ~ ( C~_/ 7 ;ij: ' ,"._ t..- ,/" I ,/ Virgil C. Norris . , f Mrs. Dorothy Ellington 10 ee. I '~ ~ttorney William G. Earle j , \. i. ! 1 i i' if i : '> r' I t" ! ~> j '.cr I l" i t. ,~; . . , ' . . ..., t<, '.1 ~,;' . V. c. NORmS. M. D.. p, ^. '0" g, W, 'ITIl AVENUE . c OELltAY BEACH. FLORID^ - TtLl!l'HOHI! 27B.739" V"l(~lI_ C "on",!> M,O,. F,....C.9. DIPLOMATE 01' THE .....""IeA. C,.ur.no\.L !'ilJAOf::,.y eOA.U' OF' SlI".,t"., . O(~toher 29, 1992 . . ~11-~ . Dorot,hy Ellington, Coordinator City of Delray Beach Cnmmnnity Development Division . lOa Northwest ]st.. "venue Del r.ay Beach, Florida 33444 Dei'lr. Hrs. Ellington: Thanks for conferring with me on October 28, 1992. I believe you suggested that action on my application for rental rehab- ilitation program funds would be contingent upon what plans the CRA has for my property. Please explain what authfJrlty this Agency has to limit the rights and privileges of aJ1Y citizen in regards to use of these funds. If the ci t.y has its' Code Enforcement Officers in~pect my property, and they submit a list ~f required corrections, <Ind there are existing matching ftihds to make the correc- 1: 1. 0n5, I plan to participate in the\program to the fullest extent, as any other citizen. T do not helieve that our city wi .11 'tolerate with holding of pnblic funds from a citizen, and limiting property rights on the conjectural interests of the CRA in private property, ThE' Code Enforcement Agency has submitted its' list:.. I llClve completed the' application: 1 Pt-. I 5 move the application f'lnd corrections forward expeditiously. i Yours very truly, I, 1 '~ .' :: il-( L-~~ Virgil C. Norris, M. D. VCN/hds . . . . " ' , . CD Community Redevelopment -a Agency Delray Beach June 16, 1993 Dorothy Ellington Community Development Coordinator City of Delray Beach Delray Beach, FL 33444 Re: Norris Property/South Palm Beach County Court House Dear Dorothy: This is a response to your letter dated June 10, 1993 requesting correspondence between the CRA and Palm Beach County regarding the plans for the Norris property. Please find enclosed the CRA Redevelopment Plan, a letter to Audrey Wolf from the CRA dated November 23, 1992, and a copy of the revised interlocal agreement between the City of Delray Beach, the CRA and Palm Beach County, dated May 13, 1993. assistance please contact me. Christopher J. Brown Executive Director Enclosures cc: Lula Butler Bob Federspiel CJB:jj 207 E. Atlantic Avenue, Delray Beach. FL 33444 (407) 276-8640 / Fax (407) 276-8558 " ' 'CD Community J , Redevelopment -a Agency Delray Beach November 23, 1992 Ms. Audrey L Wolf Director of Facilities Planning Board of County Commissioners Palm Beach County 50 S. Military Trail, Suite 211 West Palm Beach, FL 33415 I RE: South County Courthouse, Delray Beach,~, Dear Audrey: Thank you for your assistance in proceeding with the expansion of the South County Courthouse . in Delray Beach. As a ~lt of our meeting on November 6, 1m, it is my understanding that your department is recommending to the County Commission the following capital improvement element ("CIE") for 1993-1998. 1. In fiscal year 1993-94 the County will conduct a space plaft of the existing courthouse to determine the feasibility of adding court rooms in the buBding. In addition the County would' construct one additional court room in the existingbbilding. The CIE budget would amount to $10,000 for the space planning, and the courtroom design and construction costs would be funded in the court administration operating budget. 2. In fiscal year 1994-95 the County would request that the Community Redevelopment Agency ("CRA") provide additional land for courthouse parkirig, as descn"bed in Exhib1t Jf A". The County would upon receipt of the property proceed ,with demolition of buildings on the site. The County would complete design and construction documents for a parking lot. The CIE budget estimate is $200,000 for demolition, design fees and site preparation. 3. In fiscal year,1995,:;;;;1996the--COunty would construct the parking lot on Block 53. Ia addition the County may complete the design and construction documents for additional courtrooms in the existing courthouse and commence construction of the parking lot. The CIE budget amounts to $460,000 for courtroom design and parking lot construction. 4. In fiscal year 1996-1997 the County would evaluate its need for the remainder of Block 53 and would notify the CRA if additional land is required. . Furthermore with respect to parking requirements, the current courthouse has approximately 56,200 square feet of useable area and has 243 parking spaces. If the old police station is 207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 " . , I -2- demolished at the site, an additional 4()-;50 spaces will become. available. At peak times currently the parking use is at capacity. If approximately42,OO.r~feetof new courtroom space is added, a minimum (by Delray Beach code) of 100 new parking spaces would be required. Your office would like 250 new parking spaces. Based upon the information discussed we offer the following comments: 1. Based upon a preliminary analysis of Block 53, if the County were to construct a new parking lot on the rear of the site, 28S spaces ~u1d be achieved. (see Scheme "A") If the entire block were utilized for parking, 375 spaces could be achieved. 2. The CRA would prefer to transfer only.:the Rar portion of Block 53 at this time for parking and would retain the commercial-frontage.. 3. At the time the County evaluates the need for Block 53 frontage (1996:--1997) the CRA would retain the commercial frontage, assuming the County determines it does not need Block 53 frontage for a Q>urthouse or parking. In addition the CRA would request at the time the County evaluates it's parking needs that the County allow the redevelopment parcel of the CRA to share parking. The extent of sharing would be determined at the evaluation time. The CRA would desire a maximum sharing of 100 spaces. The CRA's goal is to develop an office building with retail on the ground floor, if the frontage is not ultimately required by the County. 4. Finally, we request that in Ianuaxy of 1993 that the County and CRA commence rewriting the interlocal agreement to reflect the above mentioned items, if they are acceptable to the County . In summaxy the CRA would prefer a new courthouse. However we understand that funds may not be available for a second courthouse within the next five years. Therefore we wish to support you in expanding the current courthouse. As a compromise we would like to see a commercial building (office and retail) fronting on West Atlantic in the event the County does not consider building a new building. Thank you for your cooperation. We look forward to discussing this in greater detail as soon as possible. Christopher I. Brown CC: Maxy McCarty, Chairman Palm Beach County O>mmission - '. ., .1 .. ....' . I . EXHIBIT It A It FY 199411995 LAND TRANSFER MAP BLOCK 53, DELRAY BEACH, ~RIDA' Atlantic Avenue r-u ,.... I I CM "'eM I L.. I..';: -_--.J ~ .~ ~-; ~ r/// ~ '/// ~ .. r.. ~ . ~ ~ . I i ~ a ~ ,/f/ = < ~ / / -< ! / j ~ ~~ I f ~ I .r.t) I .... ..... eo., 3J,731 .. '/ ~ ~')I: I 'l. I' _J SW 1st Street eD North '1.' . .. . .J:/.. A~T1(' ~\/~L\e.. ~ ' )- I ", C ". Jg1 . :JbdI:X I .t::t .. ., \. ~~~ 2..r[E, C ~ ~ NT( CL>urGf l-\lL\~ . . ~ I · lco N 0.. ,. '. r-.~J. JUN-10-1993 14:28 FRUM FI-'LJ~C-l-'k~r1-t-'t:lLUUN I Y tU '::1.L4~(':::(bt:l:::>::>O , .. , . County Admlnlltrator B~ ofCoUnty'Commislf~nett Mary Mc.<:arty, Chair Robert Weisman Ken L. Poster, Vke OWm\an I(aren T. Marcus Pacl11ties Planning, Daip 1& Carol A. Roberts Construction Department Wamm H. Newell Burt Auonson Maude Ford Lee M&y 13, 1993 .)..v-~ Ie./I(>I ct3 Chris Brown, Executive Director . . Delray Beach eRA 207 E. A~lantie Avenue Delray Beach, FL 33444 a.a Revi.ed %ftterlocal ~qr..meD~ Between the County, eRA and the city of >>elray Beaob Dear Mr. Brown: . '~ 'Attaohed 1e a draft of the revisad 1nterlocal agreement between the . '\ part i.. id.entified above and. pursuant to a reque.t trom the CRA ~~ last year. \ . . - .R The existing &9reement has been used as the base document. Speoific obligations that have already been completed have been deleted, and the tim.fram.. for conveyance of the remainil19 property haa been modified to be consistent with our discussion.. On-qo1nq obliqationa were left unalter.d~ If 'the City ana the CRA would like to discuss the revised agreement with me, I would be happy to meet at your and/or the City's convenience. Sincerely, A:t~. L~ireotor Faoilities planninq, o..iqn & Construction ALW/nnnr attachment CU, Mary Mocarty, Chair, Board ot County Commissioners Maude Ford Lee, Commi.sioner, District 7 Bevin Beaudet, Deputy County Administrator Ross C. Hering, Director, PREM Ellie Halperin, As.istant county Attorney delray.cra "An Equal Opportunity. Affirmative Action Employer" O,mwOll ~PII/W POUl Points Centre SO S. MUltuy Trail, Suite 211 West Palm hach. Plorlda 33415 (40'7) '-""0200 FAX: (40'1) 233.0210 '. J\.H-10-1993 14:28 ,FlU1 FPD&C-PREM-PBCa.HTY TO 9140'72768558 P.02 ,. . D Hrlt . DITIRLOcmL AGlUIBIII1I'1' linn. PALX IDem OOUlft'Y 'I'D CITY OJ' DB!a! IDCB UD '1'JDI DKLDY BDCII OOIlXUJf%IfY UDBVllLOPKBJIT AClDOY '1'h18 Aqreelllent entered into thi. _ day of , 1993, by and between Palm Beaoh county, hereinafter called -. "County", a political a@clivision ot the State of Florida, and the city of Delray Beach, hereinafter referred to aa "City", a municipal corporation exi.tinq under the lawe of the state of Plorida,. and the Del ray Beach co_unity Redevelopment Aqenoy, hereinatter referred to aa "Aqency", an aqency e.tab11ahed purauant to Florida statute Section 1&3 Part III. " WHEREAS, the City, Aq.ncy and CC?unty extended into an Inte:l:'1ocal Agreement on the lath day of Auquat, 1986' and, WHERIAS, pursuant to aaid Inte~local Aqreemant the County oonetruote4 a courthouae and .other qovernmental facilities, and WHDIAS , the City and the Agency desire to continue oooperation with the County to have the facility expanded in d.owntown Delray Beach to aid 1n the redevelopmant of one of Palla Beach County'. important laUnio1Pai are.. and meet the judioial need. of the South County reaidents, and . ~, SOlae ot thti qoal. and need. ot the City, Aqency , and county have ohanqe!1 a.1nca the exeoution ot the origlnal ~ agreelaant: and WBERIAS, the City, Aqancy and county feel it is 1n their b..t intere.t to execute a new Interlocal Aqre~ent to adjust for th... Obanged circumstanoea. NOW, THBRBI'ORI, in oon.ideration of the mutual promise. ..t forth below, the part i.. a;re. a. follow.: 1. (A) The Aqeney agree. to acquire ,and .ub.equently convey ~ the County on or betore October 1, 1994, at no co.t to the county, the property d..oribed .in Exhibit "A", attached hereto and made a part henof. Within twelve montha of the receipt of the County's written demand, the Aqenoy shall caua. the property d..cr1bed. in Bxhib1t "A" to b. conveyed by warranty Deed to the 1 '. JLN-10-1993 14:29 FR01 FPD&C-PREM-PBCO..NTY TO 914072768558 P.133 ~"'- J..: . . ,>.. ~ - .- county tree ane! clear of all liens ane! encWllbrance. whatsoever with the exception ofthoae Whlch have been approved in advance by county. 'l'he Agency shall supply county at Aqency's expen.e, at the time county takes po..esslon ot the property, with a marketable ,. title policy in8udnq the County'. intere8t in the property in an amount equal to the talr lIIarket value of the property at that time. (B) The .qenay aqr.e.. to acquire and sub.equently convey to the' County upon the written duumd of the County, at no / <)'~, .1 ~I t' ~ ooat to the County, the, property e!e.crlbed in Exhibit "B", attached~ f)l~~' herato and made a part hereot. The county aqrees to qive the~"f. ~ aqency twelve Illonth. written notioe prior to requiring the property ,'l. ~ \.: t from the Agency, anc1 in any event, will not: require the property "- befon the 31.t of Daoember', 2000. The Aqency shall oau.e the property a.soribed in Exhil>it "8" to b. ';conveYed by Warranty Deec1 to the County tr.e and clear ot all lien. anc1 encumbrance. .. whata~ver with the exception ot tho.e whlc:h have been approved in advance by the County. The Aqency shall .upply county, at Aqaney'. expezwe, at the time countY.take. po.....ion of the property, with a marketable title pol1cy in.uring the County'. intere.t in the property in an ..ount equal to the fair market value of the property at that time. . . .-.,.. (C) It is the de.ire of 811 partie. that this Aqreement will facilitate any neoessary expansion of the courthouse, parklnq lot and other qovernmental facilities in downtown Delray Beach on ten oontiguous acre. of land. The Aqency .hall disolose the plan tor and . certify to the County'. I .ati.f~otion the Aqency'. ability ~o perform it. obligations unde~ \ thb Agreement within thirty day. of execution of this Aqreement. (D) In the event the .Ag8ncy i. di..olved, 1s cteauthorlle4 or 08aae. ~o exiat for any na.on, then, in that event ane! to the extent 1.qally peraia.ibls, city shall a..ume and hereby aqr... to une!ertake and fulfill all of Aqeney'. obliqations under thi. Agreement. 2 '. ' .iLl'/-111l-1993 14:30 FR01 FPD&C-PREM-P8CO.NTY TO 9140'72758558 P.04 .. 2. (A) City agr... to initiate and process all n.cessary chang.. to the City'. comprehensive land uae .plan, zoning requlat1on., ordinancea, and other rule. and regulations to make the.. proposed projects consistent and in oontormity with the city'. code of laws and ordinance.. With regard to the property to J~ be received by the County. pursuant to Para'1raph 1 and 6, City ~' agre.. to initiate and proc... the nece..ary chang.. prior to the "" receipt of the property ~y the County. The County ahall be , " Q.. . required to sub.it the proposed project ~or development review pw:auant to the City'S normal review process. The city a<1re.. to exp.dite the reviw of auch aubJllittals. (B) County agre.. to commence' the demolition o~ the II structures exlatin'1 on the property desoribed in Exhibit "B" prior to OCtober 1, 1995. The County ala~ a;ree. to C01l\Dlenoe the conatruction of a parkin; lot on the property described in Bxhibit "8- prior to october 1, 1998. City represents and confirms that water, sewer and storm drainage facilities are available on site and there is adequate cap.~ity tor 150 thousand square teet ot oourthou.e and other governmental ~acilities at no cost to County. Once ..id utiliti.. are available and present at the. site, county agr... to pay all standard user obarg..pursuant to City policy. . . ,-,.,. 3. It in the sound disoretion ot the Chief Judge of the 15th JUdicial Circuit, there is an apprehension ot inadequate facility security at the aite, then upon written request of the Chief Judge, the city agre.. to a8ei9n one full time police officer to the .ecurity of the site and immediate surround in; areas, full time. extandinCJ from one hour betore and oontinuing until one hour att.r the normal operating hour. of the tacility, at no cost to County. This ..curitywill continue to be provided by the city until such time that the Chief Judge 1. satisfied trom .tatistios or any other oircum.tanoes that the site 1. adequately seoure without the specifio ...iqnment ot such . patrol officer by the city. 4. City and County .gr~e to provide each other, at no 3 '. JW-10-1993 14:31 FRCJ1 FPD&C-PREM-PBCOUNTY TO '314lJ7c:7b8558 P.05 ~ r . . Ie' ;'. ~ ~ colft, with the necessary easement. to allow tor joint aoces. to the site to be shared by traffio generated by the courthouse project and the City'.. new pUblic satety building. 5. (A) The city represents and conflms that there '. ourrently exist, or provi.ions have been made at no cost to County, , for all nece.sary signali.ation on Atlantio Avenue at the wa.tarn property line of the Courthouse proj ect at the intersection ot the shared aooe.s driveway and Atlantic BOUlevard, and for aU ., neoessary .taoking and deceleration lanes and other roadway mocUtioations to acc01lllllOdat. traffio associated with the development ot the tan acre site in conjunction with the new pUblic .atety building. If .uch are not provided,' City agree. tc provide .. and ,pay the oost. of .ame. (8) The City and A;ency ;,; to continue their agree efforts to uprove the Atlantic Avenue area so'.. to encourage high qua~ity commercial develo~t, to prevent orime, and to provide tor the nece..ary landscaping and beautification oonsistent with the' ,recommendations of the Atlantic Avenue Task Foroe and the City'~ comprehensive plan. . ',,' . (C) The City acknowledqe. that the "property ancS ad~quat. li;ht1nCJ of the ten .a02:e facility is necessary to enhance .... " ,th~raafety and security of incSivi~ual. utilizinq the site. The City aqree. to allow liqhtinq Which in the 801e determination ot the: County is adequate for the purpose. of the site. 6. The city agr..s to initiate and proce.. the abandonment of. Southwest Firat Avenue between Atlantic Avenue and Firat street and any other abandonments requested by the County tor alleyvaya or riqht."ot-way oontairle1S within the property to be oonveyed to the County pur.uant to Paragraph 1 (A) of this Agreement anel Shall cause .aiel rights"of-way to be conveyed to Palm Beach County a. part of the oonveyance or at such time aa the county , reasonably reque.t the abandonment. The City ahall provide County with. marketable title in.urance P0110y in an amount: equal to the tail' market value or the property subject to the abandonment at 4 -,. ..A " ' .JLJ-l-10-1993 14:32 F RCI'1 FPD&C-PREM-PIlCOJ-jTY TO 914072768558 P.06 . ~ that tille. The City shall b.ar the tull cost of proaessinq such abandonments. 7. wi th respect to all riCjJht.-or-way to be abandoned by the city under Paragr.ph. ot this Aqreement, if .ny ot such riqht- ot-way. contain city utili tie., then City will, it n.c....ry, '. relocate .uch utilities without co.t to the County. In addition, the city shall cooperate with county in the r.location of utilities not undertha control ot the City. .. For the purpos.. at this Aqreament, notices pt'ovided 8. tor herein shall be deemed sutticient when addressed to the following .ddre..es and depo.ited In the United stat.. Maill .. Palm Beach County OffiCe at the County Administrator 301 N. Olive Avenue, Suite 1101 Weat Palm Beach, F~ 33401 b. CitI of Dalray Beach . . Off ce of the City Manager 200 N.W. pir.t Avenue O81t'ay Beach, PL 33444 c. otfice of the Executiv. Director Dalray Beach Community Redevelopment Agency 64 S.B. 5th Avenue Delray'.Baach, PL 33444 d. Joe Mount Palm Beach County Attorney '. 301 N. Olive Avenue, Suite 601 W..t Palm Beach, FL 33401 '. '" (INTENTIONALLY LBFT BLANK) '" 5. . ]lJ'.j-10-1993 14:33 FRCV1 FPD&C-PREM-PBCa..NTY TO 914072768558 P.07 ".' f,: . . " - .' t - ~ Thb Aqreement .hall be null and void it not dqned by all part i.. by , 19_.. WHBRBI'ORJ:, the parties hereto have set their hands and ..a1. of the day .at torth next t9 their .iqnatures. CHAnt, KARY MCCARTY DOROTHY H. WILDN, CLERK " PAlK BACH COUN'1'Y PALM BACH COUNTY DA'1'B DATB . ~ ATTBST: CI'!'Y 01' DBLRAY BEACH BY CITY CLERR HAYOR CITY OF DBLRAY BBACH " DA'1'B OATB 'Jl .. BXBctJTIVI DIRBCTOR WITNBSS COKIMttTY RBDZVBt.OPMBN'l' AGBNCY DATE '. APPROVBD AS TO PO_ AND LHAL $Ul'l'ICItnrey ~ County Attorney . . ..... h'~,*l,.,.ol'. OJ/12m 6 " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM i 9~ - MEETING OF JUNE 22. 1993 REOUEST FOR MODIFICATION OF STANDARDS/631 PELICAN WAY DATE: June 18, 1993 We have received a request for modification of the standards contained in Land Development Regulation Sections 7.9.5, "Docks" and 7.9. 11, "Boat Lifts" to permit an existing dock and boat lift at 613 Pelican Way to remain as constructed within 15 feet of the adjacent property line. Sections 7.9.5 (C) and 7.9.11 (C) state when plot frontage along a body of water exceeds 100 in length, a dock or boat lift shall not extend closer than 25 feet to the property line of the adjacent property. The Engineering Department conducted an on-site review and found that the dock had been in place for over 10 years. Additionally, it was noted that the location and configuration of the lot restricts the ability to meet the 25 foot requirement and maintain a straight dock/boat lift. The City Engineer recommends approval of the modification. Recommend approval of the modification of standards contained in Land Development Regulation Sections 7.9.5 (C) and 7.9.11 (C) to permit an existing dock and boat lift to remain as construct at 613 Pelican Way. ~4-0 . . Agenda Item No.: AGENDA REOUEST Date: 6/4/93 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: 6/22/93 Description of item (who, what, where, how much): Code Enforcement Case No. C.E.B. 92-752l. 631 Pelican Wave Owner: Michael Aaaanis Citation is for a dock/boat lift which is in violation of Sections 7.9.5 (CI and 7.9.11 (C) of the land development reaulations which state that for a lot with 100 feet or more of water frontaae, a dock/boat lift must be a minimum of 25' from the propertv line. The dock/boat lift in auestion is 15' from the propertv line. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends a waiver of reauirements 7.9.5 ( C) and 7. 9 . 11 ( C I as outlined in section 7.9.4 tA) of the L.D.R. based on the attached letter from the owner, our field observation of the dock/boat lift and the confiauration and location of the lot. In addition the dock has been in place for more than 10 vears. 1tJ/lI .~ ~~ ",._...0 ~h;'. Department Head Signature:~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives tJ ,/,/J( (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AG631PEL.MRM ,. , . . . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager THRU: William H. Greenwood ~,~ Dir. of Environmental Services FROM: Ralph E. Hayden, P.E.~ City Engineer DATE: June 14, 1993 SUBJECT: WAIVER OF DOCK/BOAT LIFT 631 PELICAN WAY I Attached is an agenda request and letter from the owner for waiver of a dock/boat lift which is in violation of sections 7.9.5 (C) and 7.9.11 (C) of the L.D.R. The violation was reported to Code Enforcement and listed under Case No. C.E.B. 92-7521- sections 7.9.5 (C) and 7.9.11 (C) of the L.D.R. state that for a lot with greater than 100' of water frontage, a dock/boat lift must be located 25 feet from the property line. The dock/boat lift in question is located 15 feet from the property line (see attached sketches). The location and configuration of the lot restrict the ability to provide 25' from the property line while maintaining a straight dock/boat lift. A representative from the Engineering Dept. conducted a on-site review and found that the dock had been in place for over 10 years. As outlined in section 7.9.4 (A) of the L.D.R. and based on the above information we recommend approval of the waiver of section 7.9.5 (C) and 7.9.11 (C) . RH:DB:mm File: RHWAI614.MRM " , '. s-h tole; 3 --tv: Cf:J. 0~ /} ~~ B I Id l Ml --;r:n5/~-ch"L -Prth1 .' 1'L1, ~ d .::r II-!J'J C0dV G3( ~ tv'~ ..II~ ~ / ~/ 33 7'fJ" .3 SVhJed: \J~ Frv 8rnv1 ~ -ra-r ~ au~~~ l4I-cJ ~~ . -r,CU-t ~ -t, ~ ;z ~ ~,P ~ T:d ~ J.1 . 'fi~ /U~~ ~ c4~ ~7k7 .~ I/Jl ;tk ~ ~ /1f2- o--.J ~ ~ d2~ ~ r-- ~ ~~ hv~ -'V1. All ~ ~s -t~ ad- t?t t?~ u' /!~~ !I_/',t- ~c/ ddClcr ~ /0' r ~ ~. ---/1te ti it ~ ~ ~. ~...t ~ ~ 02 ' f:mt pIA r~T~7 ~ ~/ -- ~ ~~~ ~ ~ ~ ~~, ~ o&n.< ~J4I~. . ~/~ ~-~ ~/Z~~ /U--~~~~. ~-~~ ~ ..A'0~ ~ ~ drv.i- to c~ ..;;U ~~ ~s ' ~ b~_. -:t-/, ~ b.- CfJ1(yt ..;d~ cd! ~ ~ ~ ~~ /? J> L. .-... :!; .:a r~ ~ "- 6-.--d ;:r ~ ~ ;~~ ~ ;4~-+-- 1',--fJA -u._, 7/-.4 .-</-/. I.~, ,~h-j/1.-./ a/~'://~ . . . . 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I.:i ..., o ~~ ' . ~" ('10 ,~~. oS MT ~ <w,. 3 "'>\ . !hl" L \!) -,>>0 .\;~v"'f &:' / w~""'"" ' ~ " _ '" ~.,.~ ..... -t'l,.'\ c" . .....~.,... , v' " .......".' / tII p~ " ~ ' ~ 8 - . , o ,I :TOll!'" M ... S! ;J . J;.,>I' Il'M tL..a ~,~ . () \.9 , c:?> I .,'" looN. 'So. \~ , , _ ,/) ? 'J 'b.. c./::J,. "-.\ T "-.. / ~ ' 1\" ~ ~~ ~ "I - ~ ,~.. ~ ~ V I I ."''';~ ~..., I.~~ti (V fj / ~.,~~\....' -< / .'. ~' ;p _, ~ ~ ' ..f V ~ ' tJ1' ~,J <1 k ~.. '" .'^ \ ..)-; .,.. 8 -_, 0, ~""ct>...." ltt ~. (\0 '. ~ .' ." \ ~" AI Il '. ,- .Y , 5 c; . '-,. / '0 '-"1 ~." , ~ (~~~ ~ ~ ~.. t...c /-~ ....; If!' " ~ ., ~ ~ . /'" 4? ...' cJ1P. . "':I~ - (.. ~, ~." ,9') ~~ ~~ . ~ .,~ 0 · '. '~ ~ .', ... .. ~ ..' /" .,' >... . , c, ~. br ~ lib. " ........ I a.tl(J' " ..t~. .'~" ".. " . ~-Q "" to' --- \ 1'4 ~ ,',p ", , ~~~~~, ,..-' -- ~~...\ \ c..a.'RM ...... _ ..' e"czl"~ _., RII'\ ...... (A;!=, . ....,0 WOoto -- '''''''''. c... '&. ' .... ' " " ..,.... ".,. -: " // ... .14..' .. . .,L~' . · D ' \ ' ~. . ""~ .!:~ /' _.0 ~'~~t>'--< .'., }-- ,--- .._, .,--.. '-7 ..Or t>"" ~"'~ / ~"oL. I :.. (... o. 1/' . .' ~'-" \ I ..,/ J.J. GiBSON AND Aw/ClAI'fS. INC, 3850 N.W, BOCA RATON BOULEVARD t3 . EN81iHRS AND lAMo SUtMVORS BOCA RATON, FLORIDA 334.11 LUr"' \4~ PROPERTY ADOflESS . PEL-I~~ 1-\ b.. ~...~) 0 t2. P~~~e. TU1t.ee. Co151' 'PE\..\ c..~ Wb,.' AeCOItIJN8 10 1H€ PlAT Tt&REOFlfECOROEO IN PLAT BOOK 1>"7 "PAGES -:>4/ ~,'" Of THf Plale f1~COftOS OF s:bL"" ~~ COUNTY. flORIDA. P.I,,~ ~~ c:..o. J~ *-,- ,.--. " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~Y MANAGER SUBJECT: AGENDA ITEM i CU> - MEETING OF JUNE 22. 1993 RESOLUTION NO. 54-93 DATE: June 18, 1993 This is a resolution amending Resolution No. 108-92 which made appropriations of sums of money for all necessary expenditures of the City for the Fiscal Year 1992-93, by setting forth the anticipated revenues and expenditures for operating funds of the City for Fiscal Year 1992-93. Recommend approval of Resolution No. 54-93. Ke-mo()W bfOoffi AqE;{lDA- R~ch~/c ~t: 7/13/93 .~ ' -.--- --.------.-- ,--.---.---- .~._--- -----_._----- -_._-- -------, RESOLUTION NO. 54-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 108-92 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1992-93, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 1992-93; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Resolution No. 108-92 be, and the same lS hereby amended to read as follows: That the following sums of money, attached hereto and marked Exhibit A, be, and the same are hereby appropriated upon terms, conditions and provisions herein set forth: Section 2. That all monies appropriated herein are appropriated upon the terms, conditions and provisions herein set forth. Section 3. That subject to the qualifications contained In this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional, and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1992, and terminating the 30th day of September, 1993, for which the appropriations are made, are sufficient to pay all the appropriations in full; otherwise the said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated to be available in the period commencing the 1st day of October, 1992, and terminating the 30th day of September, 1993. Section 4. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 1992, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for payment of the appropriations which may be made In any appropriation for the fiscal year commencing the 1st day of October, 1992, provided, however, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Funds created by setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st day of October, 1992. '. , , BUDGET SUMMARY EXHIBIT A Gener al Special Enterpr ise Internal TOTAL Fund Revenue Funds Funds Service Funds ------------ ------------ ------------ ------------ ------------ Cdc,lllJdldlil.U;" E3ruu~llt f ulwdrd: $1,674,857 $192,010 $5,216,649 $10,250 $7,093,766 L;"tllfldleu Hevellues: IAXLS: Milla~es Au V dlur ern Taxes 6,20 $14,665,846 $14,665,846 Ad V aluI elll Taxes 0,95 $2,262,494 $2,262,494 Au Valulern--Delrllll, Pelf, & Interest $190,000 $190,000 Sdlus dllU Use Taxes $938,910 $938,910 FI dlldllse & Utility T dxeS $6,806,100 $6,806,100 Lll.UIf::.es dllU I'elllllls $1,456,010 $1,456,010 Inter~uverrllllelltdl Hevellue $4,197,900 $1,509,957 $123,220 $5,429,090 $11,260,167 Ctldr ~es fur Ser Viles $812,205 $21,439,180 $22,251,385 F Illes dnd Furfellures $215,700 $135,000 $350,700 Mlsl.elldneuus Heverlues $1,858,213 $21,500 $631 , 11 5 $118,560 $2,629,388 Ollltj/ Fllldlfl.lllY SUUlltjS $2,470,765 $625,000 $50,000 $529,800 $3,675,565 Tuldl Ilevellues and Other hnalfllng Suulces $35,874,143 $2,291,457 $22,243,515 $6,077,450 $66,486,~65 ------------ ------------ ------------ ------------ ------------ I uldl Lsllllfdteu Ilevellues $31,549,000 $2,483,467 $27,460,164 $6,087,700 $73,580,331 ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- Lx~ellJltul es/lx~ellses: Geller dl Guvelllrnent $4,712,444 $4,712,444 Public Safety $19,773,143 $218,220 $19,991,363 l'hysll.al L,IVII Unrllent $304,543 $16,316,048 $16,620,591 Ir dIIS~UI tdllun $1,171,389 $1,171,389 Ll.'-'lfUlflll lnvllulflflellt $420,058 $1,655,785 $2,075,843 CuHul dlll:)l.l udtlun $4,781,499 $298,340 $1,649,145 $6,728,984 HUllldl1 Selvl\..es $118,040 $118,040 Ueul Selvlle $3,843,525 $4,560,925 $8,404,450 IIIltOII Idl Guvellllllelllal Ser vice $73,256 $5.483,957 $5,557,213 Illler fund T I ansf81 s $2.351,103 $300,350 $4,410,269 $23,730 $7,085,452 ------------ ------------ ------------ ------------ ------------ T utdl Lx~ellullul es/Lxp8rlses $37,549,000 $2,4 72,695 $26,936,387 $5,507,687 $72,465,769 f Iu::.tj/ VtOS $0 $10,772 $523,777 $580,013 $1,114,562 ------------ ------------ ------------ ------------ ------------ I Uld! Lx~eIIJI(ul tjs/Lx~ellses Ulld~~r ()~lldteu/d~~r upr Idted $37,549,000 $2,483,467 $27,460,164 $6,087,700 $73,580,331 ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- .. ' . GLNLHALjCUNO LXPLNOI r UHI::S ell Y CUMMI::JSIUN (GG) 001 -1111-51123-10 life Insurance 200 Originally unbudgeted 1111-511,40-10 Travel & TralJllllg (500) 1111-51154-10 Books & Publications 50 UUI-1111-51154--15 SubscriptIOns (150) OUI 1111-511.~>4-30 Tlallllng&Educ (150) 001 1111-511,54-15 SubSCllptrons 5 (545) Ilurvlt\f~ HLSUUHCLS (GG) I)U 1 1311-51212-10 Salaries Huguldr 14,520 Adjust budget for Interim pOSitrons salary UUI 1311-512,13-10 Partllrne (415) UUI1311-512,23-10 Life Ins (160) Reduce annual benefit due to Interrm pOSition 001 1311 -512,23-20 Disability (515) Reduce annual benefit due to Interrm POSition U01-1311-512,23-30 Health (2,220) Reduce annual benefit due to Interim pOSition 001 - 1311 -512,31 -90 Ottler Pr ofesslundl Ser vice 4,000 Increased PERC & Civil Service hearings 15,210 f'UULlC INfUHMA IIUN (GG) 001 1316,-512,48-20 E.mpl Hecog. Awards 1,500 Additional Expenses UUI I J 1 u~ 12.48 -10 SpeCial Lvents (138) U01-1Jlb-512,34-10 Microfilm/film Selvlces 50 001-1316-512,42-10 Postage 88 1,500 CII Y CLI::HK (GG) 00 '1 - 1411-51212-10 Sdlalles Regular (10,160) Deputy City Clerk position 001-1411-512,12-30 Term Pay 3,992 001-1411-512,23-10 Ufe ( 140) 11 mos Deputy City Clerk pOSItion 001-1411-51223-20 Disability (320) 11 mos Deputy City Clerk position 1411-512,23-30 Health (2,035) 11 mos Deputy City Clerk pOSitron 1411-512,34-40 Tempurdry Service 480 001-1411-512,34-70 P~lUto/Mlcrofllm Selvlce (480) 001--1411-512.40-10 Travel & TralJllng (500) 001-1411-512.42-20 Express Charge (50) 001- 1411-512,46-20 EqUipment Maintenance 6 OlJ'-141'-512.41-10 Pllntlllg & BlJlulIlg ( 1,000) 0011411 - 5 12.49-1 0 Legal Ads 2,000 001 1411512_ 51 -10 Statrollal y/Paper /For illS (3,000) 0011411-512,66-10 Suftware (235) OUl 1411 <)12_54 30 Trallllng & Euuc (1,000) (12,442) 0UI-'I-'uH r SI::HVICI::S (GG) OUl n 1501-512,46-20 EqUIp Main\. (250) 001 - 1501-512.48-20 Promutional ActlV, (3,500) Quality Improvement Program 001- 1501-512,51-10 Statrolldl y/Papel/Folllls (50) 001 - 1501-512,54-30 Tr all1ll1g/Educ, (100) (3.900) r INJ\NCL (LJG) UU1-1511-51J51-20 Office Lqulp <-.500 (180) 001 - 1511-513,51 -90 Otller Office Supp (3,320) 00 1- 1511-513,~.A-15 Subscllptrons (320) (3,820) f'UHCHA0ING (GG) (\ ' 1531-513.41-10 Telel-ltlOI18 (100) 1531-513.46-20 EquIp Malnt (150) 001- 1531-513.49-10 Advelllslng (100) 001-1531 -513,51-10 StatlOl1ar y/Paper/For rns (50) 00 1-1 ~31-513,5 1-90 OUler Office Supplies (100) 001 -1531-513,54-30 Tr all1ll1y/Educ (50) (550) " S I tiLL! MAIN II::.NANCI::. (T HANSP) 1)01-3113-541.31-20 Medical Services (100) All pOSitions frozen 001 -3113-541.43-50 Sial mwater Assess, 46 J 1 13-541.44-45 Vetlicle Rental (860) I,~ 3113-541.46-90 Ottler Re~all Mdlntendnl.e 58 001 3113-tAl,51-10 StallOnary/Pa~el/Follns (104) UUI 3113-541.52-20 O~eratlng Sup~lles 500 UlJ1 3113-541.t:>3-1O Re~alls-RuCl.ds (500) UU 1 31 13- 541.54-15 SuLJSl.llptlOns 110 [lUI 3113541,54 30 flavel & Training 600 UU 1 31 13-541,63- 90 Otlll:H IlllfJlUVemenls (318) IIlAlIIC OPI::.HA liONS (THANSP) OU 1 - 3 141 - 541. 12-10 Saldlles Regular (1,380) Position Vacant for 2 months UUl 3141-541,12-30 Term Pay 379 OU 1-3 141 -541. 12-30 Health Insul allce (370) Position Vacant for 2 months UOI-3141-541.14-10 Overtrme (378) 001-3141-541.43-50 Sturlllwdter Assess, 53 001 3141'541,64-90 Other Madllllely/Equlp, (466) Surplus from Capital S I Hll::.l L1GH liNG (I HANSP) 001-3142 -541.43-10 Electllclty (10,000) (12,730) f ACILlI Y MAIN II::.NANCE: (GG) 0013431-519 12-10 Salal leS Reyular (6,000) Vacant Bldg Malilt Worker 7 mos, 001-3431-519,21-10 FICA (650) Vacant Bldg Maint Worker 7 mos, OUI-3431-519,23-10 life Insurance (60) Vacant Brdg Malnt Worker 7 mos, UUl 3431-519,23-20 DlsaLJility (90) Vacant Bldg Maint Worker 7 mos, U01 3431-519,23-30 Health (1,295) Vacant Bldg Maint Worker 7 mos, l43 I 519.4 1 -10 f elelJl10ne Lxpense (1,500) l. 3431-519.43-2t:> IlIlyatlon Water (450) GU 1..3431-519.43 -30 Waste Collection & Disposal 6 001-3431-519.43-50 Stolll1Water Assessment (795) 001-3431-519.46-10 BUlldlllY Maintenance 1,000 001 -3431-519.46-20 EqUipment Maintenance (1,000) 001 -3431-519.46-30 Vehicle Mdlntenance (2,000) OU 1 3431-519,51 -10 Stationary/Paper/For ms (150) OU1 3431 -519,51-20 Olllce EqUipment 500 UU 1 - 3431-5195210 Fuel/Lube Vehicles (500) UOI 3431519.52-22 Janlturlal Services (600) UUI. J431-519,52-24 BuildlllY Materials 1,000 UOl 3431-519,:'4-30 Trallllny/Euucatron 100 (12,484) M I LH SCHOOL PROGHAM (CULT /RECR) UU 1.41 U5-5/2,52-1 0 Fuel/Lube Vehicles 900 UUl-41U5-57252-11 Fuel/Oil Other (900) AUMINIS I HA liON (CULT /HECR) 001-4111-:'72.14-10 OvertHne 250 UO I -4111-572,51 -10 Stdllulldr y/Paper/I-orrns (300) UO I -4111 -5 72.46-20 Equi~lllent Malfltendnce (300) 00 1- 4111 -572,64-90 Ottler Mdchlfler y/Equlp (93) 8LACH OPI:::I-\A lIONS (CULT /HI::.CR) 001-4123-572,15-45 Educ/Cert Pay 7,200 +123-572,31-20 Medical 650 4123-572,31-90 Ottler Plofess, Services 1,014 Consulting Lifeguard Headquarters 001 41235/2.46-10 Building Maintenance (2.000) UU I 4123 -5/2,46-20 E:qul~ment Mallltenance (500) OUI4123-512,:,2-10 Fuel/Lube Vehicles (500) UU1- 4123-572,54-10 Books & Publications 12 UU1-4123-572,64-90 Other Mdchlller y Equip (372) '. ' r HAN;jFLHS (E:CON E:NVIH) 00 I 9111~59,81 -01 CRA Ad Vail)/em Tax (34,012) (34,012) I HAN;j1 LHS (NON f::.XP DISB) U01-9111-58191-03 Transfer to Gen Constr Fund 136,000 Tennis Center ovelruns (' 1111-581Sl1-12 XFR - Utility Tax Debt (1,529,630) To Correct accounting of 1992 Utility Tax )111-581.91-51 Transfer to Self Insurance Fd 458,000 To offset deficit of Insurance funds & cover Tennis Center damage (935,630) ULU I ::,LllVICl:: (UU:lT SVC) {JUI 1111~1:Jl1-111erllllsNole 38,000 QlII !1l1-~1911-19 Util Tax- Prll1Clpal 648,970 To Correct accounting of 1992 Utility Tax uU 1- 1111-519.12-19 Util Tax - Interest 656,760 To Correct accounting of 1992 Utility Tax au 1 - 1111-519.73-01 Fiscal Ayent Charges 4,480 1,348,210 ---------- TOTAL AUJUSIMENTS 656.508 GLNI::HAL CONSTRUCTION fUND 334 0000-301.34-00 Plior Year Surplus 300,000 Unappropriated surplus to fund General Fund revenue shortfall J34-0QOO-381 ,10-00 Received flom General Fund 136,000 Transfer from CRA repayment in General Fund 334 J111-5UU!1-01 Tldllsfer to General Fund 300,000 3J4 4145-572,63-41 TelHlls Centel/Stadium 136,000 ~ :IAL RLVE:NUl FUNUS IUj\lU 118 HlVlNUlS 118 -UOOO-331.49-00 Conllll Dev Gr ant 91-92 102,805 FY 92 BALANCES 1 10 (jO()U 3J l,50-UO Rental Retlab Proyr am 107,058 FY 92 BALANCES , 10 \)\)\)\) JW, \ 8 00 CltlLellS Matetl/Rental Retlab 107.058 316,921 LXI 'LNUII UHLS (f::CON f::NVIR) I 1 U - 1 ~bJ- 554,49-19 Housll1Y Rehabilitation 42,045 1 Hl-l cH.i5-554,63-11 Blkepdttls/Sldewalks 28,255 118 1961-554.49-90 Ottler -Demulltlon & Clear II1g 4,505 118- i 916-55482-02 Victims of Domestic Assault 28,000 118 19/5-554.49-19 Housll1g Rehab 107,058 118- 1 'J/S -5;;'4,34 -65 Cltlzells Match/Rental Rehab 107,058 316,921 I UNU 112 LAW LNI OHC"-MlN T T HUST F-UND (PUBL SAFETY) 112 -2112-521,14-20 R8111lUuIsdule Overtllne 1,116 112-21/2-521.31-90 Oth81 P, ofessiunal Service (500) 112-21/2-521.42-10 Postdye (650) 112-2112-~21.46- 20 EqUipment Mallltenance (600) 112-2112-521,49-10 Legal Ads 16,300 1 ' '~1 12-521.~ 1-90 Other Office Supplies (550) !112-521.52-20 Gt:llleral Opertlng Supplies 1,000 I 1 ;':--2112-521.52-23 Investigative Expenses (15,354) 112-2112-521.54-20 MembelstllpS (603) 112-2172-521,54-30 Trallllng/Educ 1,000 112-2112-521.64-90 Other Machinery EqUipment (797) 112 2172-521,99-01 Project Reserve ( 362) 0 '~ 44~4113-572,52-20 GelH~lal Operating 300 445 -4113- 5 72.46 - 20 Equipment Maintenance (9,000) 0 1 HAN~H=H::> (NONI:::XP UISB) 44~ 9111-581,91-11 Trdnsfr toGen Fund-Debt (182,030) To Correct accounting of 1992 Utility Tax \ :.,.LHVICl \N0NLXP 01::>8) ,l'l~ 1111 ~82.11-19 1992UtilltyTdx-Prln 91,940 To Correct accounting of 1992 Utility Tax H~ 1111 582.12 - 19 1992 Utility Tax- lnt 90,090 To Correct accounting of 1992 Utility Tax 0 f UNU 4JJ SANI r A I ION fUND ilL VLNUL::> (IN r LHGOVT) 4JJ OUOO-331,29-00 Gldnt - Recycling (10,780) Adjust budget to actual grant awarded from SWA (10,780) LXf'LNUI J UHI.:.::> (pHY I:.NV) 4J3-3111-534,98-01 Projecl Reselve (10,780) Absorb balance 01 Recycling Program Irom Sanitation revenues (10,780) f-UNU 441 WA II:.H & SI::WI:.R HLVLNUI:.S 441. UUOU-343l>J -00 PruJect Pldn Hl:ivll:iw Fee 1,000 441-00UO-343,64-00 Protect InSlJectlUn Fee 4,000 441-0000-361,41-00 Deferled Payment Plan 2,500 441 - 0000- 365, 10-00 SCT ap Sales 4,500 441-00UO-369.70-00 Bad Debt Recovery 24,000 36,000 _NUll UHI:.S U r IlITY BilLING (pHY E::NV) 441-5112536,12-10 Regulal Salalles (17,200) Surplus from Asst Utility Billing Manager 4415112-536,12-30 Terill Pay 2.129 ,)4 I:) 112~J6,21 10 f-1CA (1,000) 441-5112536,23-10 Ule Insul allce (100) 441 5112536,23- 20 Disability (200) 441 -5112-536,23-30 Health (1 ,480) (17.851) Iv1\SCLLlANlOU::> (pHYS E::NV) 441 - 6 1 1 1 - 536, 49- 20 Bad DelJl Expl:inse 20,000 CUN IINllLNCY (NONI:.XP UISB) 44 I b~ II -~81.99-02 COllllIlgency (28,389) ULU I ::>LHVICE:: 441-1111-582.71-19 1992 Utility Tax- Prln 20,560 To Correct accounting of 1992 Utility Tax 441-1111-582.71-19 1992 Utility Tax- tnt 20,740 To Correct accounting of 1992 Utility Tax I HAN~f- !::.H::> (NONI:.XI-' UIS8) 441 9111-581.91 -51 Transfer -lnsuT ance Fund 62,240 W/S Fund contnbutlon to Insurance Funds deficit 4.l1-'Jl11-J81.91-11 Transfel-Gen Fd for Debt (41,300) To Correct accounting 011992 Utility Tax 36,000 1 'U 448 SlOHMWA1ER _NUE:.S 4480000-343,62.-00 Delinquent Storm Wtr Charg 5,000 LXf-'LNUI I UHE::S 448-9111-581,91-51 Transfer to Insurance Fund 4,780 Stormwater conlllbution to Insurance Funds deficit 448-J411-538,99-01 Project Rt;;serve 220 " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: pP'rTY MANAGER SUBJECT: AGENDA ITEM i ctE - MEETING OF JUNE 22. 1993 ALLOCATION OF COMMUNITY REDEVELOPMENT AGENCY LOAN REPAYMENT DATE: June 18, 1993 This item is before you to consider staff's recommendations with regard to the allocation of the Community Redevelopment Agency's loan repayment. On May 14, 1993, the CRA paid in full the outstanding principal and interest accrued on the CRA loan which totalled $1,598,035.71. The Commission previously approved the following allocations from the Loan Repayment: -Interest to General Fund 31,178.18 -Tennis Center Construction 782,103.00 -Tennis Center Storm Damage 51,700.00 The Finance Director is recommending that the remaining funds be disbursed as follows: -85% of Insurance Fund Deficit 406,300.00 -Tennis Center Construction Over-run 136,000.00 -General Fund Revenue Shortfall 190,754.53 Additionally, to completely offset the Insurance Fund deficit of $478,000, Commission approval is request to transfer $4,780 from the Garage Fund, $4,780 from Stormwater Utility Fund and $62,240 from Water and Sewer Utility Fund. These figures represent the number of employees in each of the Funds as a percentage of total City employees. Recommend approval of the Finance Director's recommendations with regard to the allocation of the Community Redevelopment Agency's loan repayment and authorize the transfers from the Garage Fund, Stormwater Utility Fund and Water and Sewer Utility Fund to offset the Insurance Fund deficit. R emouffi kom Aq EnD A- /joc 7//8/93 , , . - .. . . . .. -,--~ M E M 0 RAN DUM TO: David T. Harden City Manager FROM: Joseph M. s~ Director of Fin n SUBJECT: CRA Loan Repayment Allocation DATE: June 4, 1993 On May 14, 1993, the Community Redevelopment Agency paid in full the outstanding principal and interest accrued on the CRA loan dated May 23, 1988, totalling $1,598,035.71. I request an item to be placed on the City Commission Agenda for approval of the disbursement of these funds as follows: $1,598,035.71 Commission Approval Received ( 31,178.18) Interest to General Fund ( 782,103.00) Commission approved transfer to Tennis Center construction project ( 51,700.00) Commission approved transfer for Tennis Center damage to Insurance Fund -------------- $ 753,054.53 Commission Approval Required ( 406,300.00) 85' of Insurance Fund deficit (General Fund) transfer to Insurance Fund (Fund 551) ( 136,000.00) Tennis construction project overrun (land costs) transfer to General Construction Fund (Fund 334) ( 190,754.53) Transfer to General Fund Revenue (Fund 001) -------------- $ .00 In addition to the General Fund transfer of $406,300 (85% of total) to offset the Insurance Fund deficit totalling $478,000, transfers from the Garage ($4,780) or 1\ of the total, stormwater utility ($4,780) or 1\ of the total, and the Water and Sewer Utility ($62,240) or 13' of the total need to be approved by the City Commission. These prorations were made based upon number of employees in each of the Funds as a percentage of total City employees. JMS/slh Attachment cc: Rebecca S. O'Connor, Treasurer . , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM i CUP' - MEETING OF JUNE 22, 1993 MARKETING AGREEMENT WITH LIDDUN INTERNATIONAL, INC, DATE: June 18, 1993 This item is before you to approve an agreement with Liddun International, Inc. for the marketing of the Tennis Stadium. Pursuant to Commission direction given at the June 8th regular meeting, the City Attorney's Office has modified the agreement. The agreement now specifies that compensation will be 20% of gross rental fees; excluding concession and temporary bleachers fees, or fees collected for rental of other City facilities, Additionally, Liddun will not receive compensation for its own events. Recommend approval of the agreement with Liddun International, Inc. for the marketing of the Tennis Stadium. ~ 4-0 " ' . CIT~ RTTORNEY'S OFFICE TEL ND. 407 278 4755 Jun lS~93 11 : 21 F'. Cl2 [ITY DF DELIA' BEA[H CITY ATTORNEY'S OFfiCE ~III) :;w hl,Wt::..Jl.:L . VEl.lP,y BL'\CIL FLOJ{WA 33444 l,\\'.' :.:~\!i~ L ~~1;'~:7~-.:.75"1 w~~~.r'. D~~.o~ L~n. (401) 243-7090 MEMQRANPUM Date: June 18, 1993 To; City Conuni::ssion From: David N. TOlces, Assistant City Attorne~ Subject: Marketing Agreement Between Lidd~~__~nd City Attached is the revised a9reement between the City and Llddun International, Inc. for the marketing of the tennis center. Pursuant to Commission direction, the agreement specifies that compensation will be 20% of gross rental fees. The gross rental fees will not include concession fees, temporary bleacher fees, or tees collected for rental of other City facilities. Additionally, Liddun will not receive compensation for its own events. '''-.. -..... I believe this agreement clearly sets forth the parties' intentions, and would recommend approval. Please call if you have any questions. DNT: sh Attachment cc: David Harden, City Manager Joseph Weldon, Director of Parks and Recreation Cheryl Leverett, Executive Assistant U4dl,ll\1.dnt : CIT~ ATTORNEY'S OFFICE TEL ~jo. 407 278 4755 Jun 1~3,93 11:21 F' .1:13 AGREEMENT THIS AGREEMENT mad'e and entered into this day of --- June, 1993 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as City) and LIDDON INTERNATIONAL, INC. , a Delaware corporation, qualified to do business In the state of Florida, (hereinafter referred to aB Liddun). 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 (tlStadium") for ine virginia Slims of Florida Tournament; and WHEREAS, said Agreement gives Liddun certain rights concerning what types of tennis events may take place at the stadium and when the stadium may be used for events; 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 consl~erat1on of the mutual promises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1- Term. This Agreement shall be for the term 0 f two (2) year from the date written above. 2. O};?tion to aenew. Llddun may, by giving written notice to the City, at least sixty (60) days prior to the end 'CIT~ RTTORNEY'S OFFICE TEL No. 407 278 4755 Jun lS~93 11:22 F' . Cl4 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 C1ty hereby grants to Liddun the exclusive right to market the Stadium tor professional tennis events. 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 ri9h~ 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 eventB. 4. Ule of Belt EftoTrt8. Liddun agrees to use its best efforts to market the availability of the stadium for profes- sional tennis, 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 msers. 5. Ty~e. of Events. Both parties agree that Liddun's efforts should be directed towards events which will bring revenue to the City; prov Ided however, that Liddun will also 2 CIT~ RTTORNEY'S OFFICE TEL No. 407 278 4755 Jun 18,93 11 : 22 P.05 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 eltpenses involved in the performance of its duties pursuant to this Agreement. 7. !..!!! . Liddun shall receive as compensation for services rendered pursuant to this Agreement an amount equal to twenty percent (20%> of the gross rental fee received by the City for the use of the tennis stadium and adjacent courts for an event arranged through Liddun. The term "gross rental fee" does not include concession fees, fees paid to City for use of temporary bleachers, concession booths, the conununity center, facilities used .......-........... or other accessory erected or in conjunction with an event. compensation shall be paid to Liddun within five (5) days of the receipt by the City of such rentals or license fees. Compensation shall not be paid to Liddun for an event promoted by Llddun. 8. el ty Ap-proval 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 compen5ation involved with both the ueer and the City, and will recommend 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 3 'CIT~ RTTORNEY'S OFFICE TEL ~~o. 407 27:3 4755 Jun 18~93 11:23 P.06 execution of appropriate written agreements for such use. Such agreements may contdin all provisions required by the City. 9 . Independent Contractor Status. Liddun a.nd its employees, volunt.eers and agents shall be and remain indepen~ dent contract.ors 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 hQr9to. 10, Cancellation. Either party may, within si)[ty (60) days prior to the anniversary, date of this Agreement, give -..... notice of its intention to terminate the Agreement. - 11- Compliance with LaW8, 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 ot any other public authority which may be applica.ble 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, di5ab111ty or handicap against any patron, visitor, attendee or cU6tomar. 12. Governing Law and Venue. The va.lid! ty I construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising 4 'CI1~ RTTORNEY'S OFFICE TEL No. 407 278 4755 Jun 18,93 11: 24 F'.07 out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 13, Entire A~r88ment. This Agreement contains the entire understanding of the parties relating to the subject matter hereof 5uperseding all pr10r 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 Ylritten 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 ahall be sent via U,S. Mail, return receipt requested, to: L1ddun International: George Liddy, President 2929 East Commercial Blvd. Ft. LaUderdale, FL 33308 City of Delray Beach: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Oelray Beach, Florida 33444 15. Sever"b111ty. Should a.ny 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 -CIT~ RTTORNEY'S OFFICE TEL t'~o. 407 278 4755 Jun 18,93 11:24 P.08 , , IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year above first writte~. WITNESS: LIDDUN INTERNATIONAL, INC. By: Geu~ge 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 me/or ....------. corporation. He is personally know to has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public- State of Florida Prlnt,--Type or Stamp Name of Notary Public CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Thoma5 Lynch, Mayor Alison MacGregor Harty City Clerk Approved as to Form and Legal Sufficiency: City Attorney HdcluD.age 6 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ MANAGER SUBJECT: AGENDA ITEM i qg. - MEETING OF JUNE 22. 1993 REOUEST FOR FUNDING AND USE OF TENNIS STADIUM/GOSPEL CONCERT DATE: June 181 1993 We have received a request from Dennis Enterprises, Ltd. for funding in the amount of $9,017 and for the use of the Tennis Stadium to hold a gospel concert on July 24, 1993. The funding will be used to secure the artist and choir, tickets and printing, hotels, transportation, advertisement and security. The request is in the form of a loan which will be repaid to the City out of ticket sales. The rental fee, cleanup and lighting costs will also be paid from ticket sales. The Peach Umbrella Associationl has agreed to sponsor this event by providing insurance coverage which names the City as additional insured. Staff has expressed some concerns with regard to the accounting procedures to be used. It is recommended that a joint bank account be established from which the flow of dollars can be tracked and audited. The account would be set up as a draw account based on invoices presented and needed. Ticket sale revenue would also be deposited into this account so that sale revenue can be used to pay expenses as the revenue is received. Funding is available in Other Grants and Aids (Account No. 001-6311-572-83.01); pending transfer from City Managerls Contingency Account. Recommend consideration of the request from Dennis Enterprises, Ltd. for funding in the amount of $9,017 and for the use of the Tennis Stadium to hold a gospel concert on July 24, 1993. YIl~ kt 'IlZ1. ~ IE ~ ~ "6 YiL ~ ~ tm7/a'1/93 ra.~~JW/~'-<p~ ~9i0/7 cr ~'vWI- tit 'I-I.L % ~& ~ rt QLL~~. ~~f)/).~ _~'1-0 ,t ' , Agenda Item No. : AGENDA REQUEST Date: June 10, 1993 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 22, 1993 Description of agenda item (who, what, where, how much) : Request from communit rou to loan $9,017 for a os el concert to be held in the new tennis center on July 24, 1993 financial breakdown and supporting correspondence attached). The City of Delray Beach will be repaid from ticket sales, as well as the $1,500 for stadium rental, $400 for cleanup and $100 for lighting use. After City is repaid. remaining funds will be deposited in joint ac~t with the City & Delra~ Beach Merchants ORDINANCE/ RESOLUTION REQUIRED: YES 0 Draft Attached: ES/NO Assn. Recommendation: Department Head Signature: Determination of Consistency Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. I . Dennis Enterprises, L TD 2160 N. W. Fourteenth Street De/ray Beach, FL 33444 407-278-5150 June 10, 1993 Mr. Joe Weldon Director of Parks and Recreation City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Weldon: As we discussed previously, I am asking the city of Delray Beach to assist in promoting a gospel concert in the Delray Beach Tennis Stadium on July 24, 1993. The purpose of this event is to promote community involvement, attract cultural events, and promote Delray Beach as a cultural and entertainment center. The supporters of this event and members of the planning committee include ICY Enterprises, Mad Dads of Delray Beach, Delray Beach Minority Merchants Association, Peach Umbrella Association and Dennis Enterprises, Ltd. (see attached). We are asking the City of Delray Beach to front approximately $9,017 to secure the artists and choir, tickets and printing, hotels, transportation, advertisement, and 'security. These funds are only a loan. We estimate ticket sales in the amount of approximately $35,000. Out of the ticket sales, the City of Delray Beach will be paid back the loan, and paid $1,500 for stadium rental, $400 for cleanup, and $100 for lighting use. Of the remaining funds, 10% will be donated to Mad Dads to further their youth work in the community, and the remainder will be placed in a joint account with the Delray Beach Merchants Association and the City of Delray Beach to promote further cultural events within the City. The planning committee for the event understands that we are responsible for all personnel, equipment and supplies that may be required for this event, and for erecting a stage in the stadium per the requirements of the City of Delray Beach. We further agree to provide all security personnel as determined by the Delray Beach Police Department. The Peach Umbrella Association, one of the sponsors of this event, has agreed to oversee this event as far as insurance requirements are concerned, up to $1,000,000 and naming the City of Delray Beach as additional insured. '. ' -2- TicketMaster will be selling the tickets for this event. Any tickets remaining unsold the day of the concert will be sold at the gate by volunteers from each of the local churches. Mr. Weldon, thank you for looking over this information. We will be in contact with y~ office to discuss the details of this and future projects. .,/ , Sincerely /.. ./ -, / 'iA' / ..e/ Ut1' - // t/ yt.---- Wayne A Dennis Direct r Attachment WAD:cp Ref:wdennis ~ ' . PRELIMINARY BUDGET As per our discussion, this is a preliminary budget for the Gospel/Jazz concert. Item Amount New Jersey Mass Choir $5,500 Transportation 1,200 Hotel 455 Tickets, Printing 300 Advertisement 750 Security 612 Musical Equipment 200 Total $9,017 The current sponsors are as follows: * ICY Enterprises * Mad Dads of Delray Beach * City of Delray Beach * Delray Beach Minority Merchants Association * Peach Umbrella Association Tentative ticket pricinq is as follows: * General Admission $14.00 * Children under 12 $6.00 The minimum security requirements are estimated to be $612. A contract will be made with the Chief of Police's office to secure the 2 hour event. The Police Department has determined that nine officers for four hours for a total of $612 will be sufficient. Ref:gospel$ '~ ' , ,'. " Dennis Enterprises, L TD 2160 N.~ Fourteenth Street De/ray Beach, FL 33444 407-278-5150 June 10, 1993 Mr. Joe Weldon Director of Parks and Recreation City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Weldon: We the undersigned support the proposal as set forth in the letter dated June 10, 1993 as presented to you as Parks and Recreation Director for the City of Delray Beach, Florida (copy attached). We believe that the stated requirements and goals are reasonable and attainable. We understand and agree that the maximum amount that the City will ask for to cover expenses is $2,000 ($1,500 stadium rental, $400 cleaning and $100 lighting) or 10% of the gross ticket sales, whichever is more. With the support of the residents and City of Delray Beach, we are confident that this event will be a success. The planning committee consists of the following members as of June 6, 1993: '. ' . . ~ Signature: Chairman: Wayne A. 0 nis Responsibilities: Program planning and coordination Affiliation: Dennis Enterprises, L TO, Signature: (~ t/~ '~{/<-L~ Director: Clay deman Responsibilities: Future Planning and Projects Affiliation: Owner, Clay and Hy's Beauty Salon President, Delr ants Association Signature: Director: harles idley Responsibilities: Community Relations Affi I iation: Presi. nt of MAD DADS of Delray Beach Signature: Director: Responsibilities: Affiliation: Signature: Vice Chairman: Responsibilities: Affiliation: 2 '. ' Transcript/City Commission Regular Meeting of June 22, 1993 9.G. Request for Advanced Funding and Use of Tennis Stadium/ Gospel Concert: Consider a request from Dennis Enterprises, Ltd. for a funding advance in the amount of $9,017 to cover expenses and use of the Tennis Stadium to hold a gospel concert on July 24, 1993. Mr. Dennis advised that the date of July 24, 1993, had already been arranged with the artist (New Jersey Mass Choir). As far as the money goes, he is asking for a loan and does not feel it will set a precedent for future requests. The funds from the concert he is asking to put into a trust fund with the city and an organization such as the Delray Merchants Association. That money will be set aside for grants or loans to other groups for future concerts. Mr. Dennis stated that he felt the concert would generate some money, keep it in Delray Beach, bring outside artists in and put on something that the citizens will like. It will cost a percentage to get it started up, but he believes he can guarantee the money will be returned and that future events can be self-supporting. On question from Mayor Lynch and referring to the tentative ticket pricing set forth in the backup information, Mr. Dennis stated that the pricing shown is tentative based on a formula he has discussed with his committee, although the details have yet to be worked out. He stated that he would be using Ticket Master to sell the tickets for the concert. They will give him a daily update on ticket sales. If, a week before the concert, he does not have at least fifty percent (50%) of tickets sold, there will be no concert. The New Jersey Mass Choir has a minimum charge of $500 as a deposit. Mr. Dennis stated that he has worked something out where if a week before the concert ticket sales are not where they should be, the $500 plus the advertising costs will be an initial investment that the City will have put into this venture, and Mr. Dennis has some funds set aside with which he can cover that amount if need be. He does not plan on taking $9,000 right off the bat to use for the event. The Mayor noted that under these circumstances the initial risk will be in the neighborhood of $1,000 to $1,500. Mr. Dennis stated that it would be right around that amount, for advertising and to secure the artist. Mayor Lynch then asked about the potential profit; what percentage of the seats would normally be sold from past experience? Mr. Dennis stated that he would only need to sell 900 tickets in order to cover initial expenses and he was 99% sure he could do that amount. He further stated that he did not expect the city to just outright give him the $9,000; initially, he would ask for advertising and deposit money for the choir. In response to question from Mr. Randolph on security, Mr. ~ Dennis stated that he had spoken with Major Lincoln and received the figure of $612 for security, based on nine officers and one supervisor which Major Lincoln felt would be sufficient to cover the event. In addition to this, Mr. Dennis has asked for volunteers from various churches to assist with security. Mr. Ellingsworth asked if something like a joint checking account would be acceptable? Mr. Dennis stated that he would welcome that and would want that type of arrangement. This is the only time that he would be looking to ask for funds from the city. He hopes to take the proceeds from this first event to use for future events. The City Manager stated that based on the information presented this evening (that is, a $500 deposit and $750 for advertising, or a total of $1,250 is the most that the city would have to forfeit if the concert didn't come off) , then he would support going ahead with the proposal. Mr. Dennis then stated that he had asked the Delray Merchants Association to be the organization to which the money would go and any money that the gospel committee would need to pay for the event would be done through the Merchants Association so that there would be some kind of accounting of the money being spent. Mr. Ellingsworth moved approval of use by the gospel concert committee of advance funding in an amount up to $9,017, with start-up of $500 deposit and $750 for advertising, or a total of $1,250 right away, subject to the City Attorney's approval of all contractual arrangements; seconded by Dr. Alperin. Said motion passed with a 4 to 0 vote. .~ , ~ L;-o [IT' DF DELHA' BEA[H 100 N,W, 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 # tttt CITY COMMISSION MEETING JUNE 22, 1993 APPROVAL OF REQUESTS / 4TH OF JULY CELEBRATION DATE: June 22, 1993 ACTION City Commission is requested to consider requests from the All-America City Marketing Committee for the 4th of July Celebration. These requests are as follows: 1. Authorize the Marketing Committee to issue and approve vendor permits at the grounds of Old School Square and at the beach on July 4th. 2. Approve the closing of N.E. 1st Avenue, between Atlantic and N.E. 1st Street, on July 4th for the purpose of erecting a tent. 3. Approve a contribution of up to $2,500, if needed, to cover costs for the picnic. These costs include a tent, stage risers, and port-a-Iets to be used at Old School Square for the picnic and concert. BACKGROUND A schedule of the 4th of July Celebration events is attached. Primary activities will be held on July 4th at Old School Square and the beach. Activities include a family picnic on the grounds of Old School Square from 3:00 p.m. - 6:00 p.m. on the 4th, between 6:00 p.m. - 6:30 p.m. an All-America City recognition ceremony and presentation of awards by the "News," and from 6:30 p.m. - 8:00 p.m., a concert by the Boca Pops. The fireworks display will start on the beach at approximately 9:00 p.m. The Committee would like to permit approximately 10-12 vendors to sell soft drinks and food items at Old School Square and at the beach in the area being closed off to traffic on A-1-A and/or Atlantic. A majority of the vendors will be civic clubs and nonprofit organizations. THE EFFORT ALWAYS MATTERS , AGENDA ITEM # Page 2 In order to accommodate the Boca Pops it will be necessary to set a tent and risers up on N.E. 1st Avenue, facing the grass area. The request to close N.E. 1st Avenue, between Atlantic and N.E. 1st Street, between 8:00 a.m. and 10:00 p.m. is being made to accommodate the set up for the Pops. The Committee has raised, to date, approximately $58,000 to cover costs associated with the celebration. However, approximately $5,100 is still needed to cover expenses for flags, trolleys, the tent, stage risers, and port-a-Iets. The funding approval would only be used if these funds cannot be raised from the private sector. Funding is available in the City Commission Special Events account. RECOMMENDATION Approve the requests to authorize the Committee permitting authority for vendors and the street closure. Consider the funding request, if needed. RAB:kwg Attachment '. , ***** o EtiR;AY CITIZENS FOR AlI-AlnerlcaClty DEL RAY BEACH ~, I! BE~CH ALL-AMERICA CllY F l Ol\! R Ii 0 A I, COMMITTEE Sandra Almy 1993 FOR IMMEDIATE RELEASE Chairperson I :1 CONTACT: MABJORIE FERRER (40'7~13Its..o484 DELRAY BEACH, FLORIDA (June 1~1, 1993}...,The City of Delray Beach will celebrate its designation ~Sl$n All-America City with a Fourth of July Star Spangled iJilbra1;lOlL The All.America Cities award recT~les ~ eommunity- wide efforts in Delray Beach to improve die quali~y of life. rrhe II I ' award-winning presentation in Tampa + mon. highligjtted I ' 'I three citizen based initiatives; "Taking Ba~F!dle N~~ghborboqdsjj, "Sharing for Excellence" in Delray B~c$. sc~ools and! the I renovation of Old School Square Cultur 'Arts ~enter. T~ese groups and all of the many gr88sroot ! .tlzen "r<l\lI'lUU8 I and organizations responsible for making ~eltay Beach an AlI- I! ' America City will be recognized du1l11i th~ weekend of celebration. II , Art and Jazz on tbe Avenue wi111ii:k ol'ftl!e festiwties on Thursday, July 1st. This event, sponsor d'lly the Sun-Sentinel. II ' Sun Bank and WDBF-142Q, will n.m. fro~15:00prq to midnight. II I ,I II I AlI.America City cia Community ImprOl/ement Dept., 100 NW 1 5t Avenue. Dekay e#ach, FL 3!3444 · (407) '243-7203 I '. ' , Avenue shope and restaurants will remain open throughoutllt'be event, and avenue galleries will feature new artist openings, Atlantic Avenue ~n be liined with many jazz artists~ and other musical groups for your enjoyment ~ughQutthe evening. The listing of events will be available at participating ~0PS, restaurants and galleries. "Red, White and Blue Jeans" will be the theme for a ~ae-ta~ing fundvaiser for Old School Square as part of Art and Jazz on the Avenue. liThe t\uildraiser, hosted I by Southern Bell and Cheers Wine Society, in association 1~h'The Ne~s, will take I place from 5:30 to 7:30 pm, Thursday, July 18t~ at Old Sch~lSqwute Gym.nasium. I I The merchants along Atlantic Avenue will be having!~ Super Celebration Sale on Friday and Saturday ~ July 2 and 3. The aveniementhaats are also 1\ participating in a Patriotic Window Display Contest, the I~er ~f which will be announced during the Sunday Picnic Presentations. I: II u\ The Delray Beach Volleyball Association will host. do ,ble elimination II : volleyball tournament on the beach Friday through Sunday, I imhtries are still being , I accepted for the four-person teams; call Michael Harvey, 27' ,'17091br iinform$tion. The cost is $15 per player and all profits from the tournamen~. ".ilI J ~ted to the II ' Veterans Park Playground Fund. Ii The Chamber of Commerce will be presenting an +. Celebration Ii Dinner Dance on Saturday, July 3rd, at Old School Square P~1}8~um. Cocktails and Hors d'oouV1'es from 7:00 to 8:00 pm, and a Dioner Buffe~ lll'd E~l!nt at 8:00pm. Red White and Blue Attire Requested. Space is li~~d - deadline will be 2 ., , June 25. For ticket information, call the Chamber of CODlDl/~"~ at 278-0424, The City of Delray Beach, The News and Nation~$nk. ~l host an All- American Family Picnic Celebration on Sunday, July 4t'4,:on th~ paunds of Old School Square, from 3:00 to 6:00 pm, at which time a Special ~'lVards PNsentatioD will be made, recognizing every organization and group t4at participated in the presentation in Tampa. Please bring your picnic basket and blanket, and shafyour ~pport for your community and those groups tha.t make Delray Beach so s~. ~()()d and snacks will be available for purchase, and there will be loads of actli~ltiesfor the children, music, a Purple Dinosaur, clowns, and much more. Immediately following the preaentation, the Boca P+ will ~rm "AD All I American Salute" to Delray Beach, Maestro Derek S~rd cOJ1ducting. The concert, presented by The News, Bell South Mobility, andllWalla~ Ford, Subaru, Nis88n, Dodge, Su:ruki, will be performed at Old School ~e fro~ 6:30-8:OP pm, Sun. t July 4th. I Free trolley transportation will be provided from 6:3Qj to 11~30 :pm from Old School Square to the beach (Atlantic & AlA) for the ~m 1.Dt$play. The Fireworks Display will by presented on the beach at Atlantic ~1U,enu.elami AlA at 9:00 pm, and is being sponaored by The News and the City of D~litay a.ch. In addition to the trolleys, free round-trip shuttle 8etrYlee wil!l be provided by the Delray Beach Parks and Recreation Department. B~slwin i~part from two locations beginning at 7:00pm. The northem route dep~ fr~€ason United 3 " I , " Methodist Church!rrinity Lutheran Church . east on ~rge $u,sh Boulevard I (formerly NE 8th Street) to 8t, Vincent Ferrer Catholic Chufth - east-to AlA -south I to the beach, Drop off and pick up at Thomas Street. The i ~@uthetln ..oute departs from the Linton Centre ( BE comer of Linton Boulevard and ~~era1 [Highway) - east , to AlA . north to the beach. Drop off and pick up at Mir+ Driv~. Those interested in viewing the fireworks display arel el'lcoutaged to park at one of these locations and use i the bus service to avoid traftic congestion. I . .' The public is reminded that no tireworks, alcoholic ~era~s Q-r 0001e'8 are ; allowed on the municipal beach. This All-America City Celebration is made possible 1W the g~Derosity of the following sponsors: Banyan Printing, Bell South Mobility, W~our.t Borton Volvol , Volkswagen, City of Delray Beach, NationsBank. The News, sPn Bank, Stm.Sentinel, I I Wallace Ford SubaMl, Nissan, Dodge, Suzuki, and WDBF- 111.29. I For more information about the festivities. call 1~?8-0424, For :more : I information about the volleyball tournament, call Michael H8.n'ey at. 278.. 1709i For 'I I more information about the bus shuttles, call 243-7250. WP51 \MF\PR4TH I 4 '. , -. ~.- [ITY DF DELRAY BEA[H -, . D~LRk)' BEACH FLORIDA 33444 . 40724:noci': MEMORANDUM TO: David T. Harden, City Manager FROM: ~bert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM #9JC CITY COMMISSION MEETING JUNE 22, 1993 1993 ROOTS FESTIVAL DATE: June 18, 1993 ACTION City Commission is requested to approve Resolution #61-93 supporting the Roots Festival, to approve the $2,000 funding request, and to make a determination on the payment of Police overtime. BACKGROUND Resolution #61-93 in support of the 1993 Roots Festival is presented for Commission approval. In addition to the Resolution, the Roots Committee is asking for a $2,000 donation, stage use and a waiver of fees, permission to display the Roots flag, a tent permit, and utilization of Pompey Park. Funding for the Roots Festival is budgeted in the City Commission Special Events account in the amount of $2,000. The other requests can be approved administratively. Additionally, the Committee is requesting Police assistance. Last year, we were able to reassign officers in order to cover the event. This will not be possible this year and a determination on the payment of overtime needs to be made. The estimated overtime costs are $13,000 based on last year~s man hour use. Commission did agree to pay 1/2 the overtime costs for the Delray Affair. RECOMMENDATION Staff recommends approval of Resolution #61-93 and the $2,000 funding request and requests direction on the overtime payment for Police assistance. RAB:kwg Motion to approve Res. #61-93, with direction on Police overtime as follows: Support reas~ignment~ if possible, in effort to minimize OT costs, although try to reasslgn as llttle as possible with the help of Roots Festival volunteer security working with PDj and with understanding this will be last year for City to assist with underwriting Police OT. Passed 4-0 T ~:: E - c ,~,;: - A _,\;... '':: MATT E R S '. , ~ _. ,. "..__._____.___. __.__n _'+_'. '._ RESOLUTION NO. 61-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC, , IN THEIR EFFORTS TO SPONSOR THE SIXTEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the Roots Cultural Festival, Inc. , is sponsoring the sixteenth annual "Roots Cultural Festival" on July 11 through August 13, 1993, in the City of Delray Beach; and, WHEREAS, this festival is an attempt to present to the community, state and nation a view of the rich cultural heritage of the people of African ancestry in our City; and, WHEREAS, this idea was conceived by Jefferson Manor Homes Association in an attempt to bring people together to develop pride, respect and appreciation for their community as well as their particular heritage which they bring to the City; and, WHEREAS, the festival will provide an opportunity for exciting experiences for local people and tourists reminiscent of the Bahamas, the West Indies, Haiti and other countries of African ancestry; and, WHEREAS, the activities of the festival are to promote academic excellence among our youth, in the form of a spelling bee, an essay, math and oratorical contest; to promote physical fitness through sports tournaments; to promote cultural enrichment and appreciation through exhibits, creative dance and dramatic presentations, poetry, jazz and fashions; and, WHEREAS, the highlight of the festival will be the "Festival in the Park" activities which will focus on cultural and culinary artists from the various countries; visual and performing arts, ceramics and jewelry will also be presented in "The Marketplace at Roots", NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby supports the Roots Cultural Festival, Inc. , in their efforts to sponsor the sixteenth annual "Roots Cultural Festival" in the City of Delray Beach, Florida. PASSED AND ADOPTED in regular se~~~ day of June, 1993. ATTEST: " M Alf/o R (h ~5nVl)>( }(1~ J.kffIY City lerk '~ ~ -, --~- -_._-~.__._-.. ---- -------------------- ------- ------._------ RESOLUTION NO. 61-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC. , IN THEIR EFFORTS TO SPONSOR THE SIXTEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the Roots Cultural Festival, Inc. , is sponsoring the sixteenth annual "Roots Cultural Festival" on July 11 through August 13, 1993, in the City of Delray Beach; and, WHEREAS, this festival is an attempt to present to the community, state and nation a view of the rich cultural heritage of the people of African ancestry in our City; and, WHEREAS, this id-ea was conceived by Jefferson Manor Homes Association in an attempt to bring people together to develop pride, respect and appreciation for their community as well as their particular heritage which they bring to the City; and, WHEREAS, the festival will provide an opportunity for excitins experiences for local people and tourists reminiscent of the Bahamas, the West Indies, Haiti and other countries of African ancestry; and, WHEREAS, the activities of the festival are to promote academic excellence among our youth, in the form of a spelling bee, an essay, math and oratorical contest; to promote physical fitness through sports tournaments; to promote cultural enrichment and appreciation through exhibits, creative dance and dramatic presentations, poetry, jazz and fashions; and, WHEREAS, the highlight of the festival will be the "Festival in the Park" activities which will focus on cultural and culinary artists from the various countries; visual and performing arts, ceramics and jewelry will also be presented in "The Marketplace at Roots", NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby supports the Roots Cultural Festival, Inc. , in their efforts to sponsor the sixteenth annual "Roots Cultural Festival" in the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 22nd day of June, 1993. MAY 0 R ATTEST: City Clerk ,~ ~ . ROOTS CULTURAL FESTIVAL, INC. P. O. BOX 2654 DELRAY BEAClI, FL 33444 (407) 276-2099 Tommv Steven.-Chal,pe,..o, Shl"ev Bryent-Co-Chal,pe,eo, June 8~ 1993 C,alg Young-Co-Chalrpenol Oenl.. WiUinghnm..sac,elar\ Kathy Young-Aut, Secretar-, Ea,n.ltlne COoper FinancJel Secratar-, Rlche,d Pa,ke', T'elleu,e, His Honor The ~ayor Thomas Lynch Paa,1 Jeckoon-Cheplin aarry Oeneon-Bueine.. Manager City of Delray Beach Robert NeWlon-Public Reletions 100 N. W. 1st Avenue Carmelite Smith- De lray Beach~ FL 33444 Public Relations C. Spene., Pompev-Hieterilln Suzene F'.nklin- Dear Mayor Lynch: Ellecutlve Adminictre\o, Jam.. Thoma.-F..tiva' Oi'.Clor The time for the Roots Cultural Festival is here again. We expect our 16th I. Elizabeth Wulev- Annual Festival to be as successful as always, On behalf of the Festival P,omotll,/Coo'dinetor Commi ttee ~ I would like to thank the City of Delray Beach for its past part- icipation and resolutions supporting our efforts to bring positive cultural activities to the Delray Be~ch area. We are again asking that a resolution be granted by the City Commissioners sanctioning the efforts of this organization through the support of the various municipal departments. We will be utilizing the same plans for security as we used last uear. Havinq worked closely with the Police~ Parks and Recreation and other departments~ we are certain that wewill be able to give positive influences to the City. The community enthusiastically looks forward to this event each year. Through our statewide contact and national promotions~_we have caused the name or Delray Beach to become synonymous with summer cultural experiences. A ttached~ please find a copy of our tentative schedule and a support request list. We are looking forward to seeing you and others of the Commission at our festivities~ which are planned for July 11~ 1993 through August 13~ 1993 at the Pompey Park Recreational Complex. Sincerely, /) ,,) 1/ ~&rn~ir~/,)J:/~~ Tomm!j'L. Stevens Chairperson cc: Commissioner Jay Alperin Commissioner David Randolph, Sr. Deputy Vice-Mayor Barbara Smith City Manager David Harden Vice Mayor Ken Ellingsworth R001'S G~ULTURAL FES11VAL, INC. P. O. BOX 2654 DELRAY BEACII, FL 33444 (407) 276-2099 SUPPORT REQUEST LIST 1. A donation from the City of S2~OOO to go towards the operating expenses of the festival. 2. The City to allow usage of the stage and waiver the fee for the rental of the stage from Fl'iday August 13 through Sunday~ August 15. 3. 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CIl C/) CIl CIl ~ ~ cr~ cr <oi-I:l _",(1) C/) le:: CIl C/) m (1) Q' ~ ,_ '" ~ ~ '" ~ ~ ~ ~ ~ ~ ~ '" ~~. .." ~ 0.. ~ ~ '" '" % ' "0,) v, ct- 0} I:l "0,) ~ $CJ ^ 'oJ:h..c:. "0,) (\) ">) <:--' <0 "0,) <)..c:. ..c:. ~- ~ ~- ~ ' O}. ~ ;:3'" ~ en <:--' Co;:S- <".CIl ~ . CIl ~ ~ 0} (1) Co ~ Co:1 Co;:S <:N ~ <:N ~ '";S ~ '";S <". ~ i ..... '";S I "" I ;:s <:N ~ I '";S I ~ I <", I 3 · (1) ,'";S · '";S '";S ~ '";S '('.J ,., "'~ ,<:P ~",~" '" ~~ ~~ '" ~P ~'" ~."~ ~~ P ~ ~ ~" ",~ "'" ~ ~ ,,~ '" _ '" ~ ~ P ~ ~ 3 ,,~~ ~ P ~ P "' ~ "' ~ ... ......_ CIl "" en ...... ~ .... C);)~ en~ ~ C);) CIl Q) <0 entl::: entl::: ;:s ;:S?J Co ~ <:--' ~ ~ ,_ ~ ~ Co ...... ~ Co "'" C);) Co --..~--..~ (\) ~ (1) "0,) "0,) ..c:..". "'" '" ~;:s ~ C);)~ of:) c::,~ ~ , . "o,);:J "0,) 3 ... ~..'" ~- ~- ," ...... 0} ... "" XI ~~ ~ ~ 0} to "0,) "1 L ~ ~ en er. I ~ ~ J , [ITY DF DElRAY BEA[H . :)~ ,Ji/,' BLACH ~ L'JRiClA 33444 . 407;'4:0 7 JC!" MEMORANDUM TO: ~id T. Harden, City Manager FROM: Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM #~CITY COMMISSION MEETING JUNE 22, 1993 AMENDED PROPOSED BOUNDARY CHANGES ATLANTIC HIGH SCHOOL DATE: June 18, 1993 ACTION City Commission is requested to review an amended proposal prepared by the School Board staff for the upcoming school year for Atlantic Community High School. BACKGROUND At your last meeting, Commission reviewed a boundary change proposal for Atlantic High School to assist in alleviating overcrowding at the school. The proposal was for the area south of Southwest 10th Street and east of 1-95. As you may remember, however, this proposal had a minimum impact. The School Board staff has prepared an amended boundary change proposal which will be considered by the School Board at a Workshop/Special Meeting on June 30th. A Boundary Task Team has been set up and they, and the Education Board, will review this amended proposal on Monday. Staff will present their recommendation to you at your meeting. A map and statistical data are attached for your review. RAB:kwg ~ '1-0 T< E:. - ,4 _,', :... '.. MATT ~? S . ... . - ~ ~ & I ,'. g 0 it (t 'e' I' /i:. L /1" . ,(tULUt _.*l.: ~\J:' L~. ~x'- " ~,.~ . .ft( q;; r,3 : 0U qiJ-lkJ L/IW IUJI)LlIup: /,ot11 ,yCY?/~ 'fl.1 tJf; - 14 }1l)UJ LLI il td: PJ.a-{.UftU.' c!) / / '61 , . .r:-) _ f 0/81 30 P/ () j,..(} 'JJ ,..,. 1') 1';' i ' , - i "--vQ-J '....,.... . DELi? TGSI!C$ c/"; ~.;.;/ (OLLjdLeic. '. - J / 10 .. " '''.' or,,") C/ ' , - - ~~ 0bLe::,fh 6JIG5 ~14r ~ (toG{. H{c', /lf26 .. - '&~ b8LETI: SAGS JCj1; I p~; I ~u~ (S/-M, C /~q1 PeO~IDf) fAI20U)1Lf;I-:.T u1~1o ~ . , . I gq/1 ff.?J $t;.~u:e-s bj,ltql f""U; -( ktll./; ,I.-.: ~ A 7i Iv ~ t: . ~ /q&D Pauu rt.. t) e J...,.tX I.JJ / ;b7'~} ~ 8 &/0 , - .. 1150 (P}[f).I1.C1.Uf no - /1JJ) M)[X~ &rtU.l t~ : Iq~C {f~~(f-~tr 6. iVi0\c - ~>; , " JIf Q4-QS : Pec"x,( r / ()~ '/J df// () itt0C - 1/ ""f-./ '-- .., { ('"' i\ I . ({ , (c, \ - , " _.4_ 'oJ" , ~ - -.:... ,--.' ~_~ '......~ '-..-l,\..- -. 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I . . r . . _."-_.."._.~.~_..- ~~ Q'?/~ ~ Llo ~eftlS ?-;o~ G, Uo ~de~ ~lG UO ~ 'SLAte/ StucJe~ 31-113 tlo ' e~ 341c... 40 qtLlJerd~ 3115 Uo ~~~ " ' SAC DATA: SAC II TOTAL STUDENTS BLACK OTHER 298 75 57 18 299-A 17 7 ' 10 300-A 99 75 24 302 4 0 4 303 9 4 5 304 70 7 63 305 18 1 17 408 4 1 3 -"_.-,.~,-_. ... '- ------1-~:-----~~------___~-~.-- I I . J J . . I J "J' , , . . ", ,'I '- I ; ~ ' , f' ,.----~-,-~-j _ \ ' I. ' , : 1 i I ~ . I " J .,0 j .. "- . ----1--.. ; ---- I ...~;t . J '\ I ,( ) .,.~. I "="'.. .L..r..' ..,- .,.., ! -..... i .. ...... ~)I' J I, '~\d) ,- .. j ,'/.\ , . I @ \ I I t"""'j~ ...... I 31060,. '~~r;"'" ....} " .... 'I ___..: '" ,." ': 07 ~-:. I }OBA .',;;:.\. ."..... ~I : ~lf{'X,;.,..__: \ : I ,. '- -' - '. ~ ~ I;.... . ~~~\.:v:" , I ~ ',' I 1C.,r--..oo t='" -__~::~ I ,. r ;,,,, ' f .... "'of ='1i~~ .-L:u,.....'" :.:,.,;:;:~ ~ "",",' 1'1~~"I": 'f . '-,- ' : .'.. '.. - 10:...-= ~., ~,,:,,~I: ,"_. ~ -- _10 -. ----_ -'I:-~f'"--r..---____ ___ ----~.....:: ' : : _.~ .. .. - . :$E@lsJi,' 'iVER~.......1 l - :~~ e :::~A:J.. .. ATlANTIC ,'... ,._~ ,..J .. 1,-", . ~ .. . .. j _ /' let.-.., III _...-.......... ... _, ~ ." 'I ' ]<" l' 'II # . ~.... - -..,.. ~ ~ . 4 1 .... , 'I""", .,,',. "'CJI, " , , ----..,,.~..- ~ ~.. u~' , . ~- fl',j' · ((. ~~' . '" -.h."______ -- . :i"" J I....... c:::. '.:l." / .,....; ~)., 1':,f1', r ''\::--I ~.:. ;:--i :~v'., \-,.. n_ t. ,.' -rc' ~""u_ ~::::.... "t, ~.u',.,' "',....... ' "..J ~~ '". '-l'._ ' I F'lh ' \..11;- " . ~ t " :.:, '" J .' illi:,~ 1:1 '--, ,117 ."'..... . _- ~ "l: .........Y. II ,. ,CHOOL L B OU N DA ) ~. ~j r , - , . ~ tf-o [IT' DF DELIA' BEA[H 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~ert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM :# q KCITY COMMISSION MEETING JUNE 22, 1993 REQUEST TO REGRASS GREENS/MUNICIPAL GOLF COURSE DATE: June 18, 1993 I~ 'II b~ ACTION m uJl City Commission is requested to authorize staff to proceed with a patented, sole source regrassing program for 17 greens at the Municipal Golf Course with Rapid Turf, Inc. in September. The estimated cost of this project is $84,000, with funding to come from the FY '93-94 Municipal Golf Course Capital Improvement budget. BACKGROUND We have received a request from Brahm Dubin to consider proceeding with a greens regrassing program. Mr. Dubin is proposing that this project be completed in September, with payment to occur in October, FY '93-94. A patented, Rapid Intact Root System process developed by Rapid Turf, Inc. of Rincon, Georgia, would be utilized. Rapid Turf would be responsible for all phases of the work. Tiff Dwarf grass would be planted on 17 greens. In-house staff, utilizing grass from our greens nursery, will be planting one regulation green and two practice greens this summer. Installation would be per USGA recommendations. The scope of the job includes the following: stripping and removing existing grass and subsoil to a depth of approximately 2", tilling, fumigating and adding fertilizer and soil amendments, floating the greens, and installing the turf. It is estimated that the project will take approximately 3-4 weeks and the course manager is proposing that we do this work in September. The estimated cost for this project is $84,000. THE EFFORT ALWAYS MATTERS . > AGENDA ITEM # Page 2 It is proposed that the course remain open during this time, utilizing temporary greens. Under this process, you can play on the greens within approximately one week after the grass is installed. I estimate a 30%-40% revenue loss in September. Golf Course revenue for September 1992 was $ . Rapid Turf is now utilizing their process to regrass greens at Boca Del Mar and Kendall Lakes golf courses. They have also installed their product at numerous courses in Hilton Head, South Carolina. A one year guarantee against contamination and grass mutation is provided. The golf course staff has been to Boca Del Mar to look at the product and observe the installation. An option to consider would be to wait until next summer to complete this project. In any event, due to grass mutations on our greens, I would recommend that we proceed with this project in the next fiscal year, versus waiting two years, per our current Five Year Capital Improvement Program. If City Commission approves this project for September, utilizing this sole source patented system, a formal contract would be brought back before you at your next meeting. Due to the six week growing time of the grass from the date order is placed, this item is being brought before you now for direction. RECOMMENDATION Authorize staff to proceed with this greens regrassing program utilizing Rapid Turf, Inc.'s patented growing process, with a formal contract to be brought back before City Commission for approval. RAB:kwg ~, '. ' . Golf & Tennis Management, Development & Consultation June ! 4., 199 3 City of f)t;!ray Eeach lOa NW 1 :.; i S1re'3"t Delray Beach, FL 33444 ,C\ t t tI : 1\1]" . Davt' Harden Dear \;1 r > Harden: [ t!lought you might enjoy r(~dding ~.:: orne 01' t h (~ r (, c (-' n t a I' t i (' It':; tlu t w'er e wr,ittE'n c()nc.(.'r!11ng ou .r Merch<--tnt Inner C it y Co 1 f I) r 0 gram. I have also enclosed :In drticle from the Junc' 1 ')(-! 3 Issue of Colf Illu,:::trated nanil ng LJel.ra)/ Beach CoIf Cl ub ':.' ("" o r'l (; l)l .......L.'-..J the two best municipa.l golf courses In Pal rn B e :'1 c h County> !\ t tit i ::: t j me I would 1 i k e to recommend to you t h ,'" fo] lowing: 1. We would 1 i ke to " " the waste bunker which 1 ips gras~; III between ho 1 e,,; #5 and Ht) and plant trees .l n th::l t ar t:-_'a. 111 our opinIon, tl1 j s would greatiy Improve the ac~'. the tic:=:, and playabiJity of tllos e ho 1 e,,;, 1 believe that we nerd C: i ty (' omIT'. if'; :'. i a! \ approval, 2. We would l i k e La replant al I () f Ollr g r een:~ this cornIng S 'op \ C[lIb c' r dnd p ,~J)' for i t In Oct 0 b E' r 199) . l' 11 f' total (':, t. i ma t cd cost 1 c $84,000, For your i n for rna t j c, n , 8 0 YTl (cll) " Beach and Baed Raton arC" J " the process of r (~: n u \;' a. t j I"! g r h ~"-. ; r , , grC'en~_~ al a total cost of Ino r c thZln 8250,000, aSSUrI11ng comp<Jrable work, excludi.ng down t i frk ", ~' apr>I'OX 4 mOI1 t h '.: \...1 ..!.- The co:; t breakdowl' 1'-:" (1',; rollow::: " ,c\ ) 7 Cj' , () 0 0 ,-;: (1 it OJ :; () d f(~ ~;1 .. ,I i.J $49,000 -' -1 \,': l:' \ So i 1 ame n dnw i\ t s , i !lcl~!ding <,and and chemica 1 f~ 5~O(JO , J ( \ Crow-in fertiliz.er .'" , [);j 0 ~' J D) Fumigation, outsidt:, con t r <:1 C t 0 I' j,f)O(j " \ II1'-;tall~:itjon 1, . Raf-'JCl Turf Inc. 2f' ,'nr-, t:-: -' ) _______,.:!_ .L'L", .'!. ^~-~-~~Q-g-~) We are I' eco!Tunend iig thai we u~; e a company called Rapid Turf Inc. They use a revolutionary process that wouLd enable us tu r e p 1 ,{ ': c U 11 I' greprl~; within t llr c e weekc:; , We wouLd po-s::jbly Li. ~:: e tc~rnp()r~)r) grec:ns~ p 0 ~~ ~: i b I y ~harging f(?duced rat ec:: during that period. 1177 N.E, 8th Street. Suite 309 . Delray Beach, Fl33483 . (407) 243-8008 . Fax (407) 243-8011 . '. , () j' i g: 11 a I 1 y wc' wer, i".\ldIl111nE :0 t; r II.' () U r ~) \.\1 11 n u r ,'-\ (,) dlld pi: l; l ~ 1 (' r'j C"\V g r c' ~_' J':' t Ii ~.: urn.rlll-~ r u j 1 (::Q I Ted!! Z.-:,l'ld I \'isitpci t)} (' a IJ e' ! MeA r l /' , '+ . C' 0 u n try ( 1u b l' ['i d"y , ] U II (, 1 J , wi,: ,'h I," pre :; f::1 l J ~, >< ':,) 1 : ~,tj , n l' 'iJg[i t hi,.::: process. \!ip roe t wit h t t\ ( () \t f) !..~' i." r P.a p i d ~l.' U l' f \~ i'~ (. () J '~." :.,',Jr(->Cl us that they hel Vt' wha t we :1 t-.:, C. (~ 111 ~';tock ~J!l d \\.uu J d b(., ' I 1.0 aD1C r (-.:' f) () vat (-' C:!J1' g r e e rl ~:; 1 t) Seplember 1 9 <'j '!. We r i; C ',)rruTI(; n d that Tom and r plu l)()SS J bl Y Bob, your::~(:,l-f dnd two ^ , (,;t) c_ , . 1 d t (r t i I :. '; rnOll i_I'; t () v j ~,j t t 11 C: 1 1-; C. onU'Jl J ~:;:-; 1 0 n c r '-; jOll! US '_"-:;()(,\ f ,1 rln 1 O( ;1 \ fcd 1 11 S;cJ.\:annah, \'JF'orgla. v~,' t' b" j i (.', c' t 1-1<:1 t t II i. ~.:; i 1 eOl ':'aI, [lE- d S i jig I Source Rid and have <J'; k c,d !Zap i d Turf to provide us with in J 0 r fila t i 0 fl ""11 ;)a tell t :.; \ 1, ,) t l:-'l C y (-J. t' huldiLg in r \' fer en <: t () the j r [)J()Cf;.'":, ~-::, . Bob ha ; n'tCI'TIlC'd lit' Lhat ht' \V ! 1 j :J t t ic'Jflp ! i (l P ! a ( (' I h (- gr C(';(l,';'; \' ~l t I (', I \ .i t t~__' in L !,,' 1 tJ ' i '\ '\ C-OilUl1.1 .:'; ag f::::-rl t:~":i . r t.,t'i I.) r~ .!..L ! r;!', f We)l! i d d P P " (-' c i at p ; ~ r(.'''~pO[IS(' ;':1 t y<) u r (:';,.} r I i ( s t ( () 11 \. ( n 1 (- )'} C r--, . thard.: \-U u . Yours I.' r It 1 ;' ~ --~ ,B r ~ 1 h rn C:uh :1; . Golf & Tennis Management, Development & Consultation June 14, 1993 Rapid Turf Inc. Route 2, Box 234A Rincon, GA 31326 At tn: Mr. Mark Egan Dear Mr. Egan; On behalf of the City of Delray Beach I would like to express our sincere interest in using your company to replant all eighteen greens, this coming September, at Delray Beach Golf Club. As I mentioned to you, we hope to be able to discuss this concept with our Ci ty commissioners on Tuesday, June 22, 1993. At that time we expect to be able to confirm to you our intent. Assuming that we will need approximately 70,000 sq ft, please send a price quotation stating the fact that you wi 11 be abl e to do the work in September 1993. In addition, please describe your " revolutionary " that patented that might allow to process IS us single source this purchase order. Thanking you in advance for your cooperation, we remain. Yours truly, ~ ~ Brahm Dubin, General Manager DELRAY BEACH GOLF CLUB cc: Tom Arendt Bob Barcinski 1177 N.E. 8th Street, Suite 309 e Delray Beach, FL 33483 . (407) 243-8008 . Fax (407) 243-8011 ,~ . . The Ready-Play Sod For Greens, Tees and Fairways .e I !'~! I RapidTurf is harvested with a 100% Intact Root System eliminating the shock and stress of transplanting while producing a deep root establishment within hours of installation. Large, easy to install rolls give up to a 60% reduction in seams and a significant cost decrease in manpower installa tion and maintenance cost. This revolutionary process enables turf replacement within a 7 day turnaround ... drama ticall y reducing down-time and loss of revenue. Rapid Turf produces a strong, playable surface within a few days of installation resulting in a large cost savings when compared to seeding, sprigging, or conventional sod. Customized Rolls of Bermudagrass and Bentgrass for Greens Grown on Sand that Meets U.S.G.A. Specifications. Route 2 Box 234A RapidTurf,lnc TeIe: (912) 826-2454 Rincon, GA 31326 1-800-864-6904 FAX: (912) 826-2882 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ;;;TY MANAGER SUBJECT: AGENDA ITEM ~ 9 L- - MEETING OF JUNE 22. 1993 RESOLUTION NO. 62-93 DATE: June 18, 1993 This is a resolution approving the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and the Multi-jurisdictional Issues Coordination Forum Interlocal Agreementi and, authorizing the Mayor, with attestation by the City Clerk, to execute the same. These proposed agreements and programs replace the defunct Countywide Planning Council. The first agreement establishes a comprehensive plan review process which emphasizes participation of local governments and affected agencies in the front end of the planning process in an effort to resolve potential comprehensive plan conflicts. By signing this agreement, the City becomes signatory to this countywide intergovernmental coordination program, The second agreement establishes a multi-jurisdictional Forum to hear and discuss issues that are deemed to be of countywide significance by a membership of participants from local governments. By signing this agreement, the City also'becomes signatory to this program. Because of the anticipated large number of participants, the Municipal League is requesting that the City authorize the execution of this agreement by resolution. Signature blocks will then be prepared and the original copies routed to the people authorized to sign the agreements. The goal is to implement this process by October 1, 1993. Planning and Zoning Board review is not required. Detailed documentation is included in the backup material for this item. Recommend approval of Resolution No. 62-93. ~ L(-o . , .-..-....-.---.-...-----'- -- .-. -.-..........-.----.- - ..-.---. u____.. .. _._..~---.._._--~-- RESOLUTION NO. 62-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW INTERLOCAL AGREEMENT AND THE MULTI-JURISDICTIONAL ISSUES COORDINATION FORUM INTERLOCAL AGREEMENT, AND AUTHORIZING THE MAYOR, WITH ATTESTATION BY THE CITY CLERK, OF THE CITY OF DELRAY BEACH, FLORIDA, TO EXECUTE SAME. WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in conunon and which each might exercise separately; and WHEREAS, the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement establishes an intergovernmental coordination program for reviewing proposed changes to adopted comprehensive plans which fully utilizes the existing Chapter 163 comprehensive planning process with minimal bureaucracy and expense for the participants; and WHEREAS, the Multi-Jurisdictional Issues Coordination Forum Agreement establishes a vehicle for consensus building through the identification and possible resolution of multi-jurisdictional issues; and WHE REAS , the City Conunission of the City of Delray Beach, Florida, in the spirit of cooperation and as an expression of its conunitment to the betterment of Palm Beach County as a whole, desires to become a participant in the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and a member in the Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby affirmed and ratified. Section 2. That the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and the Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement are hereby approved. Section 3. That the Mayor of the City of Delray Beach, Florida, with attestation by the City Clerk, is hereby authorized to execute said agreements " ' , ____m -----_..-- ----------- -----.--."--.------ -.--- -_.-.._--- --~_.---.---_.---------- ----~-_.-- -------- ---.-- PASSED AND ADOPTED in regular session on this the 22nd day of June, 1993. ~~ ATTEST: I ()j//%!'fIJ!.t"Ji! '1." )/074 Clty C erk , I ! - 2 - Res. No. 62-93 I I' /~ I--~ ~e -~ -'.;...i. LI -- -~- C I T Y COM MIS S ION DOC U MEN TAT ION TO: - ROBERT A. BARCINSKI, ACTING CITY MANAGER U,.Q ~ ~ C1,.1-'- ~'U (!. ~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 22, 1993 PARTICIPATION IN INTERGOVERNMENTAL COORDINATION PROGRAMS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Corrnnission is that of approval of a Resolution which authorizes the Mayor to execute two separate inter local agreements. These agreements provide for participation in: * Countywide Plan Amendment Review; and, * a Multi-jurisdiction Issues Forum BACKGROUND: The correspondence from the Municipal League is self-explanatory. These agreements were created with the direct participation of your Planning Director. They have been reviewed for legal sufficiency by the City Attorney. In her review, the City Attorney notes that full compliance with ELMS-III legislative is not accormnodated in these inter local agreements. Specifically, requirements dealing with a mandatory mediation process are not in place. This situation is acknowledged by the task team of elected officials which guided our efforts. The thought is that after the "voluntary" approach gains creditability, we will then proceed to full compliance with the ELMS-III legislation. Thus, a new agreement will evolve; however, such a step may not be pursued for one to three years. Compliance with the ELMS-III legislation (with respect to intergovernmental coordination) is not required until December, 1997. , ' City Commission Documentation Participation in Intergovernmental Programs Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not formally reviewed this item. However, they have been kept aware of its evolution. Proposed amendments contained in 93-2 are structured to accommodate the provisions of this agreement. Those plan amendment provision have been supported by the Planning and Zoning Board. RECOMMENDED ACTION: Approval of the resolution. Attachments: * Material as provided by the Municipal League. DJK/T:CCINTER.doc ~c '~E j i ~ tJt '. '" 01 " .',~ ,'~ .- Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: June 14, 1993 TO: David Kovacs, Director of Planning and Zoning FROM: Susan A. Ruby, City Attorney SUBJECT: Interlocal Agreements Implementing Multi-Jurisdictional Review of Plan Amendments and Creation of an Issues Forum I have reviewed the documents sent, along with your June 7, 1993 memorandum. My only legal question is the effect of the Elms Bill, Section 35 on Page 81 which states that each Regional Planning Council shall establish by rule, a dispute resolution process to reconcile differences on Planning and Growth Management issues between local governments, regional agencies and private interests. It further requires that the dispute resolution process shall, within a reasonable set of time frames, provide for voluntary meetings among the disputing parties; if those meetings fail to resolve the dispute, initiation of voluntary mediation or similar process; if that process fails, initiation of arbitration or administrative or judicial action where appropriate. My review of the documents you sent indicate that there is a facilitation and non-binding mediation process, but the agreement does not include arbitration or administrative or judicial action processes, The dispute resolution process to be established by rule by the Regional Planning Council has, I'm sure, not been established as of this date. Do you contemplate revisions to these agreements once the rule is published. Should you inform the Commission that this process may or may not meet the dispute resolution process requirements once established by rule? In to all other respects, I have no objection as to the legal sufficiency or form. If you want to discuss this, please call. / ' /'7 ~~~ 7"~/""""'- ~ i David Harden, City Manager '. " cc ,- issues.sar ," I - ,.-, " J , ' Palm Deach County MUNICIPAL LEAGUE p,O, BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (407) 355-4484 RECEIVED JUN 4 1995 M E M 0 RAN DUM elT Y MANAGER'S OF ' FleE TO: Mayors, Managers, County Commissioners, Palm Beach County School Board Members, Special District Members and the South Florida Water Management District FR: Bob MCDonald,~~nmental Coordination Program Task F _ DT: June 1, 1993 RE: Countywide Intergovernmental Coordination Program **************************************************** For the past six (6) months, representatives of the municipalities, the County, the School Board, and special districts have been meeting in an effort to establish an effective intergovernmental coordination program for Palm Beach County. A Task Force represented by the following individuals with assistance from Planners from various cities, the County and other agencies have been developing this program: Mayor Bob McDonald, Lantana Mayor Gale Milton English, Mangonia Park Mayor Karen Golonka, Jupiter Mayor Ed Harmening, Boynton Beach Mayor Sam Ferreri, Greenacres (Alternate) Commissioner Mary McCarty, Palm Beach County Commissioner Carol Roberts, Palm Beach County Commissioner Warren Newell, Palm Beach County (Alternate) Ms Leah Schad, South Florida Water Management District Mr Bill Graham, Palm Beach County School Board Mr William Winters, Special Districts The Task Force has completed its efforts and is now asking local governments, the School Board and special districts to become participants in this program. , Intergovernmental Coordination Task Force June 1, 1993 Page 2 To summarize the Task Force efforts, a program has been established which requires a minimal cost to local governments, the School Board and special districts; and minimal bureaucracy. A two (2) part program has been developed. Part I establishes a comprehensive plan review process that operates within existing Chapter 163, F.S. and Rule 9J5, F.A.C. State Planning law requirements. It emphasizes participation of local governments and affected agencies in the front end of the planning process in an effort to resolve potential comprehensive plan conflicts in a coordinated fashion. Also, Comprehensive Plans of local governments will have to amend their Intergovernmental Coordination element to address the program's objectives. All local governments, the School Board and special districts are being asked to sign an interlocal agreement entitled "Comprehensive Plan Amendment Coordinated Review Interlocal Agreement" that is attached to this correspondence (see Attachment I). By signing to this agreement, your local government becomes signatory to this countywide intergovernmental coordination program. Also included in this correspondence is a model resolution (see Attachment II). Because of the anticipated large number of participants, we request that your local government, the School Board or special district authorize the execution of this agreement. Signature blocks will then be prepared and the original copy routed to the people authorized to sign the agreement. Part II of this intergovernmental coordination program is to establish a multi-jurisdictional Forum to hear and discuss issues that are deemed to be of countywide significance by a membership of participants from local governments. The idea and purpose of the Forum is to develop, through a consensus building process, a way to effectively identify and address countywide issues. Your local government is also being requested to become a signatory to the Part II program by signing the interlocal agreement entitled "Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement" (see Attachment III). Like Part I, the model resolution will apply to the Part II program. A person should be authorized to execute the Part II interlocal agreement and the original copy will be routed to those authorized for signature at a later date. Our goal is to implement this process by October 1, 1993 which means that the interlocal agreements and the resolution must be signed by this time. Intergovernmental Coordination Task Force June 1, 1993 Page 3 The Task Force believes that it has developed a countywide intergovernmental coordination program for Palm Beach County that will be a model for other cities and counties in the State of Florida. The processes developed as part of this program closely track the new ELMS legislation that was passed by the Florida Legislature during its 1993 Legislative Session. Our efforts should give us a head start in our comprehensive planning programs as the comprehensive plan update timeframes approach. Each city, County, the School Board and special district will be assessed a $500 annual fee to participate in this program. Larger cities, the County, the School Board and special districts with planning staffs will be asked to offer additional in-kind services of these professionals to perform review and research functions for the intergovernmental coordination program. The Town of Lantana will house the "clearinghouse" and staff (one part-time planner) to effectuate this program. Your participation in this program is necessary to make it successful. We know details of this program may require further explanations. Please consult with your Planner if he or she has been a participant in the Planners Group or contact Mr. David Kovacs, Planning Director of Delray Beach at (407) 243-7040, who has been spearheading the administrative efforts of this program. I' .._-,,-~,.'- COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW INTERLOCAL AGREEMENT This Interlocal Agreement, dated the 1st day of October, 1993, entered into by and among the various parties executing this Agreement, each one constituting a public agency as defined in Part I of Chapter 163, Florida statutes; . I T N E SSE T H: WHEREAS, Part I of Chapter 163, Florida statutes, permits pUblic agencies as defined therein to enter into inter local agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Part II of Chapter 163, Florida Statutes, requires the coordination of local comprehensive plans with the comprehensive plans of adjacent local governments and the plans of school boards and other units of local government providing services but not having regulatory authority over the use of land; and WHEREAS, the participants to this Agreement desire to establish an intergovernmental coordination program for reviewing proposed changes to adopted comprehensive plans which fully utilizes the existing Chapter 163 comprehensive planning process with minimal bureaucracy and expense for the participants; and WHEREAS, participation in this program shall not diminish any existing local government's or service provider's process or power; and WHEREAS, the participants desire to enter into this Agreement , to provide countywide coordination in the comprehensive plan amendment process. )f0., THERBFORB, in consideration of the mutual covenants contained herein, it is mutually agreed and understood, by and among the undersigned agencies that now or may hereafter execute this Agreement, as follows: ARTICLB I~ TITLB This Agreement shall be known and may be cited as the "Comprehensive Plan Amendment Coordinated Review Interlocal Agreement". ARTICLB II. PURPOSB The purpose of this Agreement i$ to establish a countywide Comprehensive Plan Amendment Coordinated Review Process. This process is designed to provide coordination of proposed plan amendments, cooperation between affected local governments and service providers, and opportunities to resolve potential disputes only within the Plan Amendment Process with the least amount of infringement upon existing processes, without undue processing delays and without the necessity of significant staffing or consultant costs. specifically, the Comprehensive Plan Amendment Coordinated Review Process will accomplish the following: A. Proposed Plan Amendments shall have sufficient distribution and dissemination to insure that initial transmittal and final approval will not occur without adequate notice to local governments and service providers who may be adversely affected by the action. 2 B. An avenue for discussion and evaluation of the proposed Plan Amendments is created so that the governing body is aware of objections, the basis for them, and the reasonableness of the objection. C. An opportunity is created for conflict resolution of an item which, if approved, may result in a potential , problem for another local government or service provider. D. The Comprehensive Plan Amendment Coordinated Review Process does not diminish or transfer existing authority with respect to planning and implementation decisions of the participants. ARTICLB III. DEPINITION8 The following definitions shall apply to this Agreement: "Act" means Part I of Chapter 163, Florida statutes. ..Agr....nt" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "Cl.aringhouse" means the agency that provides the logistic support services for the Comprehensive Plan Amendment Coordinated Review Process. "Comprehensive Plan" means the plan adopted by a local government pursuant to Chapter 163, Part II, Florida statutes, meeting the requirements of Chapter 163, Part II, Florida statutes and its implementing rules. "Conflict Resolution Panel" means a subgroup of the Interlocal Plan Amendment Review Committee. 3 , ' "Days" means calendar days. "Executive COlDJllittee" means the representative body of the local governments and service providers responsible for the oversight and administration of this Agreement. "Fact-finding' Panel" means a subgroup of the Interlocal Plan Amendment Review Committee. "Gov,erninq Body" means the board of county commissioners of a county, the commission or council of an incorporated municipality, the Palm Beach County School Board, the Governing Board of the South Florida Water Management District, or the governing body of a special district. "lnterlocal Plan Amendment Revie. cOlDJllittee" means the body comprised of full-time planning directors or other similar position, from any local government participant. This _group is charged with the major technical role in the Comprehensive Plan Amendment Coordinated Review Process. "Local GoverllJDent" means the incorporated cities, villages and towns within Palm Beach County and the County of Palm Beach. "participants" means those local governments and service providers who have entered into the Comprehensive Plan Amendment Coordinated Review Process through this Agreement and have paid the annual participation fee as required in this Agreement. "Plan Amendment" means any change or modification to an adopted comprehensive plan that is considered a comprehensive plan amendment pursuant to Chapter 163, Part II, Florida Statutes, or its implementing rules. 4 "service Providers" means the Palm Beach County School Board, the South Florida Water Management District, and all independent special districts located in whole or in part in Palm Beach County which provide services required to be addressed in comprehensive plans by Chapter 163, Part II, Florida Statutes. ARTICLE IV. PARTICIPATIOIl. . Section 1- All local governments and service providers located in whole or in part in Palm Beach County are eligible to participate in this Agreement. Only the parties who execute this Agreement and who have paid their annual participation fee are considered participants under this Agreement. Any local government or service provider who is not a participant by October 1, 1993, may become a participant upon execution of a unilateral Participation Agreement, in such form as-the agreement attached hereto as Exhibit "A". Section 2. Participant General Obligations A. All participants shall be obliged to pay an annual participation fee. (1) The initial participation fee shall be $500.00 per participant. This fee shall cover participation from October 1, 1993 to September 30, 1994 and shall be due and payable by October 31, 1993. (2) The participation fee shall be $500.00 per year for each subsequent year, unless this amount is modified as authorized in Article IV Section 2 F. No modification shall increase the fee by more than 5 , ' . 25% of the past year's fee amount. The annual participation fee shall be due and payable by October 1 of each succeedinq year. (3) Non-payment of the fee shall result in the suspension of participation in this Agreement pursuant to Article X, Section 7. , (4) A fee paid pursuant to this section shall not be returned in full or prorata amount upon a participant's withdrawal from this Agreement. Participants enterinq into this Agreement after October 1, 1993, or durinq any period subsequent to September 30 of each year thereafter, shall be obliqed to remit the entire fee amount. B. The local qovernments employinq full-time planninq directors or other similar positions are required to appoint that person to the Interlocal Plan Amendment Review Committee. C. The local qovernments and service providers who become participants aqree to provide technical assistance requested by a Fact-findinq Panel or Conflict Resolution Panel established pursuant to this Aqreement. ARTICLB V. BXBCOTIVB COMKITTBB Section 1- Creation/PurDose There shall be created an Executive Committee to provide oversiqht and direction to the comprehensive Plan Amendment Coordinated Review Process established this Aqreement, in accordance with and pursuant to the duties and responsibilities 6 expressed herein. Section 2. Duties and Powers The Executive Committee shall have the following duties, powers and responsibilities: A. Prepare an annual budget. B. Oversee the collection and expenditure of funds. , C. Prepare an annual report to the participants detailing the activities and results from the comprehensive plan amendments processed pursuant to this Agreement. D. Oversee the operations of the various panels, committees, and the Clearinghouse established pursuant to this Agreement. E. Make recommendations to the participants on ways to improve the coordination process. F. Modify the annual participation fee in accordance with this Agreement. G. By majority vote of the entire membership of the Committee, modify the time frames set forth in Article VII. H. Propose amendments to this Agreement pursuant to Article X, Section 4. I. Select the Clearinghouse from interested participants. No enumeration of duties, powers, and responsibilities herein shall be deemed exclusive or restrictive, but shall be deemed to 7 . ' incorporate all implied powers necessary or incident to carrying out the purposes of this Agreement. section 3. Membershit> A. The Executive Committee shall consist of nine members, selected from the following five categories in the manner specified, and shall meet the following criteria: . (1) Four elected municipal officials, selected by the Palm Beach County Municipal League. (2) Two Palm Beach County Commissioners, selected by the Palm Beach County commission. (3) One member of the Palm Beach County School Board, selected by the Palm Beach County School Board. (4) One member of the South Florida Water Management District Governing Board, selected by the South Florida Water Management District Governing Board. (5) One special District Representative, who shall reside in Palm Beach County and represent a District in Palm Beach County, appointed by the Regional Chair of the Florida Association of Special Districts. B. Except for the Regional Chair of the Florida Association of Special Districts, all members of the Executive Committee shall be a representative of a participant. Each member shall have one vote on the Committee. C. Each category as set forth in Paragraph A shall be entitled to appoint one ( 1) alternate. The alternate from 8 . categories 1 - 3 must be an elected official. If no other member of the South Florida Water Management District Governing Board resides in Palm Beach County, the Executive Director or his designee shall be the South Florida Water Management District alternate. The Regional Chair of the Florida Association of Special Districts shall appoint as the Special District alternate a person who resides in Palm Beach County and represents a district in Palm Beach County. The alternate may act in place of any member from the same category. D. In the event there are no participants in a designated category set forth in paragraph A, that category shall be deemed deleted and all remaining categories shall .constitute the Executive Committee accordingly. Section 4. Executive Committee Action A. The affairs, actions and duties of the Executive Committee shall be undertaken at duly called meetings pursuant to Section 9 hereof. B. For any meeting of the Executive Committee at which any official action is to be taken, a majority of the committee members shall constitute a quorum, and a majority vote of the members present shall be the act of the Executive Committee. C. A certificate, resolution, or instrument signed by the Chair, Vice-chair or such other designated person of the Committee as may be hereafter selected by the Committee shall be evidence of the action of the Committee. Section 5. Election of Officers 9 , , Once a year, and at such other time as may be necessary to fill a vacancy, at a meeting of the Executive Committee called for the purpose thereof, the Committee members shall elect a Chair, a Vice-chair, and a secretary-Treasurer to conduct meetings of the Committee and to perform such other functions as herein provided. Said Chair, Vice-chair and Secretary-Treasurer shall serve one (1) year terms unless they resign sooner pursuant to Section 7 hereof. section 6. Authoritv of Officers A. The Chair and the Vice-chair shall take such action and sign such documents on behalf of the Executive Committee and in furtherance of the purposes of this Agreement as shall be approved by resolution of the Committee. B. The Secretary-Treasurer, or his or her designee, shall keep minutes of all meetings, proceedings and acts of the Executive Committee but such minutes need not be verbatim. Copies of all minutes of the meetings of the Committee shall be sent by the Secretary-Treasurer, or designee, to all Committee members and to such other parties as requested. section 7. Resignation A. Any member may resign from all duties and responsibilities hereunder by giving at least seven (7) days prior written notice sent to the Chair. Such notice shall state the date said resignation shall take effect and such resignation shall take effect on such date. B. In the event any member shall resign as the representative of a participating group such participating group 10 . shall appoint a new representative as expeditiously as possible. C. Any member, upon leaving office, shall forthwith turn over and deliver to the Chair or Vice-chair any and all records, books, documents, or other property in his or her possession or under his or her control which belongs to the Executive Committee and/or relates to this Agreement. . section 8. Liabilitv No member of the Executive Committee shall be liable for any action taken pursuant to this Agreement in good faith, or for any omission, except gross negligence, or for any act of omission or commission by any other member of the Committee. Section 9. Meetinas A. The Executive Committee shall convene at a meeting called by either a majority of the members or at the request of the Chair. Meetings shall be conducted at such locations as may be acceptable to the majority of the Committee. The Chair shall set forth the date, time, location and purpose of each meeting and notice thereof, unless otherwise waived, shall be furnished to each member by the Secretary-Treasurer, or his or her designee, not less than seven (7) days prior to the date of such meeting. The Chair may direct the Secretary-Treasurer to send the prerequisite notice for any meeting of the Committee otherwise called in accordance with the provisions hereof. B. During October 1993, the duly appointed members of the Committee shall hold an organizational meeting to elect officers and perform such other duties as shall be provided under this 11 , , Agreement. ARTICLE VI. IH'l'BRLOCAL PLAII AXJD1DKBN'l' RBVIEW COMMITTEE A. Participant local governments employing full-time planning directors or other similar position are required to appoint that person as a member of the Interlocal Plan Amendment Review Committee. B. ' The functions of this Committee are as follows: (1) To provide participants, on a rotating basis, for a Fact-finding Panel. (2) To provide participants, on a rotating basis, for a Conflict Resolution Panel. (3) To call for technical assistance from service providers and other agencies which participate in this coordination activity. (4) To meet, at least quarterly, for the purposes of administration, consideration of referrals, reports of subcommittees, general coordination and consultation, and the forwarding of reports of actions to the participants. c. The Committee shall establish its own organization and rules of procedure consistent with the provisions of this Agreement. ARTICLE VII. CLEARINGHOUSE A. The Clearinghouse shall be a participant public agency. B. The Clearinghouse shall be responsible for: 1. The establishment of an account into which the 12 J participation fees required herein shall be deposited. 2. The deposit and disbursement of funds in accordance with generally accepted accounting standards. 3. Securing and storing all adopted local government comprehensive plans, and all amendments thereto. , 4. coordinating the Comprehensive Plan Amendment Coordinated Review Process, as specified in Article VII, Section 3. ARTICLB VIII. COKPRBJlEHSIVB PLAII AKBNDKDT COORDINATED REVIEW PROCBSS Section 1. Local Government SDecific Obligations A. All participant local governments are obligated to do the following: (1) Inform the Clearinghouse of the notice of plan amendments proposed by other participants that it desires to receive. (2) Designate to the Clearinghouse the position or individual who can file a written notice of intent to object and a formal objection. (3) Inform the Clearinghouse whether a formal governing body action is required prior to filing a written objection. (4) Provide the Clearinghouse with a full copy of the local government's adopted Comprehensive Plan within thirty ( 30) days of the effective date of this Agreement. If a local government becomes a participant after October 1, 1993, the 13 . participant shall provide the Clearinghouse with a full copy of its adopted Comprehensive Plan within thirty (30) days of the effective date of the Participation Agreement. B. When processing a proposed plan amendment to its own Comprehensive Plan, the local government shall do the fOllowing: (1) Submit all proposed plan amendments documents required by Section 3 A. to the Clearinghouse at least thirty (30) days prior to the local government's transmittal hearing. (2) Meet with any objectors at least one time prior to the transmittal hearing on the proposed plan amendment. (3) Participate in fact-finding as described in section 3. (4) Include in the proposed plan amendment transmittal to the Department of Community Affairs, or wi thin five (5) days of receipt if received after transmittal, all written notices of intent to object and written objections received pursuant to section 3, the status of that objection, a fact- finding report prepared pursuant to Section 3, and any report from a Conflict Resolution Panel prepared pursuant to section 3. (5) Consider participating in any Conflict Resolution Panel requested by an objector. The local government initiating the proposed plan amendment 14 ,""--.-.. is under no obligation to participate in the Conflict Resolution Panel process. (6) For all proposed plan amendments, provide the Clearinghouse with a copy of the full proposed plan amendment; all background materials, including the supporting data and analysis; the objections, recommendation and comments report prepared by the Department of Community Affairs for the amendment upon its receipt; the response to the objection, recommendation and comment report prepared by the local government; and, if adopted, the amendment to the local government's comprehensive plan; the notice of intent issued by the Department of Community Affairs; and any final orders or compliance agreements dealing with the amendment. (7) When it becomes available, provide the Clearing- house with a revised copy of the local government's Comprehensive Plan including all amendments. C. If the local government desires to object to another local government's proposed plan amendment, the objecting local government shall do the following: (1) Submit a written notice of intent to object to the Clearinghouse and the local government initiating the proposed plan amendment pursuant to Section 3. (2) Meet with the local government transmitting the proposed plan amendment at least one time prior to 15 . ' that local government's transmittal hearing. (3) File a written objection with the Clearinghouse pursuant to section 3. (4) Participate in fact-finding as described in Section 3 if the local government files a written objection. (5) Consider participating in any Conflict Resolution Panel requested by the initiating local government or other objector. An objector is under no obligation to participate in the Conflict Resolution Panel process. (6) If the objection is to be withdrawn, file a written notice withdrawing the objection with the Clearinghouse and the local government proposing the plan amendment. Section 2. All Other Participants SDecific Obligations All participants who are not local governments must comply with the requirements of Article VII, Section 1 A. (1) , (2) , and (3). A non-local government desiring to object to a proposed Plan amendment has the same obligations as an objecting local government detailed in Article VII, Section 1 C. Section 3. Plan Amendment Review Process A. A plan amendment is prepared pursuant to policies and procedures of the initiating local government. At least thirty (30) days prior to the governing body's transmittal hearing, an Executive Summary along with a copy of the proposed plan amendment and supporting material, and the date, time, and place of the 16 .' transmittal hearing, shall be furnished to the Clearinghouse. B. Within five (5) days, the Clearinghouse shall distribute the Executive Summary and hearing information to the participants in the Agreement who have requested copies of the initiating local government's amendments. C. A written notice of intent to object may be filed by any participant. (1) A written notice of intent to object must be filed no later than fifteen (15) days before the transmittal hearing. (2) If a proposed plan amendment is sUbstantially modified between the submittal to the Clearinghouse and the transmittal of the amendment, a written notice of intent to object may be filed within ten (10) days of transmittal. D. The Clearinghouse shall immediately notify the initiating local government of all written notices of intent to object received by the Clearinghouse. E. The initiating local government shall meet with all objectors prior to the transmittal hearing unless the written notice of intent to object was filed pursuant to section 3 C.(2) above. In that instance, the parties shall meet within fifteen (15) days of the submittal of the written notice of intent to object to the Clearinghouse. F. No later than fifteen (15) days after transmittal of the proposed plan amendment, a participant who filed a written notice of intent to object prior to transmittal may file a written objection to the proposed plan amendment with the Clearinghouse. 17 , ' If a written notice of intent to object was filed after transmittal pursuant to Section 3 C.(2) above, a written objection may be filed by that participant no later than thirty (30) days after the filing of the written notice of intent to object. G. Upon receipt of a written objection, the Clearinghouse shall notify the initiating local government and the Interlocal Plan Amendment Review Committee of the written objection and transmit a copy of the objection to the initiating local government and the Interlocal Plan Amendment Review Committee. H. The Interlocal Plan Amendment Review Committee shall convene a Fact-finding Panel within ten (10) days of receipt of the written objection. The Fact-finding Panel shall review the objection pursuant to Article VIII and shall issue its opinion letter no later than twenty (20) days after the submittal of the written objection to the Clearinghouse. I. After the Fact-finding Panel issues its opinion letter, any party (the initiating local government and any participant objector) to the fact-finding may request conflict resolution pursuant to Article IX. The request shall be submitted in writing to the Clearinghouse no later than ten (10) days after transmittal of the Department of Community Affairs Objection, Recommendation and Comments Report. The Clearinghouse shall immediately notify the other parties of this request. within ten (10) days of receipt of notification from the Clearinghouse, the other parties shall notify the Clearinghouse of their decision on whether or not to agree to conflict resolution. If the initiating local government 18 and any objector agree to conflict resolution, the Clearinghouse shall notify the Interlocal Plan Amendment Review Committee, which shall convene the appropriate Conflict Resolution Panel pursuant to Article IX. Section 4. Modification of Time-Frames By majority vote of the entire membership of the Executive Commi ttee., the Executive Committee may modify the time-frames set forth for any activity as specified in Article VII. ARTICLB IX. .ACT-.IHDIHG PANEL A. The three person fact-finding panel shall consist of members of the Interlocal Plan Amendment Review Committee. The Chair shall be selected by the panel. B. The Clearinghouse shall provide the panel with the following information prior to the meeting: (1) that portion of the Plan Amendment which is under consideration; and (2) the written objection. C. The Chair shall arrange for testimony and technical assistance from participants as is appropriate. D. At the meeting, only the initiating local government, the participant objector, property owner for a site specific plan amendment, and any participant who has been requested to provide technical assistance shall be allowed to present testimony. The initiating local government shall present the item being objected to, the reason for the proposed amendment, and its supporting data, analysis, and documentation. This presentation may be supplemented 19 " by the affected property owner. The objecting party(ies) shall make a presentation on the basis for its objection. Technical assistance testimony as requested by the Chair may be presented at any time. The panel may ask questions. The Chair shall close discussion with the participants and thereafter confine discussion to panel members. E. ,The panel shall specifically identify each objection and shall issue an opinion letter including, but not limited to, the following on each objection which is filed: (1) The objection appears to be one of miscommunication and that it appears to be resolved. (2) There is insufficient data 'and analysis upon which to support either the amendment or the objection or both. (3) Sufficient data and analysis has been provided and a conflict appears to exist. The conflict should be resolved either: (a) through the normal Department of community Affairs review process; or (b) in a conflict resolution forum such as provided in Article IX, mediating services of the Treasure Coast Regional Planning council, or other mediation forum. F. within two (2) working days, the Chair shall fax an opinion letter to the involved parties. If warranted, a minority opinion may be prepared by other members of the panel and provided 20 concurrently with the Chair's opinion letter. AJtTICL. X. COULICl' ..SOLUTIO. 'AnL A. The Conflict Resolution Panel shall consist of three members when performinq facilitation services or five members when pertorminq mediation services. Th. panel shall be composed ot individuals who are members of the Interlocal Plan Amendment Review Committee. The Chair shall be selected by the panel. B. The Chair shall arranqe for testimony and technical assistance from participants as is appropriate. Testimony shall be provided only throuqh participants who are parties to the objection unless technical assistance testimony has been requested by the Chair. C. Two types of service may be provided. These are: (1) Facilitation a. A facilitation panel shall consist of three members. When the facilitation panel convenes to review the objection, it shall seek to have the parties reach a mutually agreeable position on the proposed amendment and the objection to it. b. The facilitation panel shall declare when its work has been finished or an impasse has been reached. At that time, the Chair shall write a letter documentinq the meetings which were held, the evidence and testimony received, points of aqreement, and points of 21 .. ;-,-...-- --.. '---, . n :_~;..-= -:~~~ __.~_. -t :M.:2'~ -!~-~~--::=- - ----- ...- ~....- - ~~-- -~--- --=:.- ~- .-- .> - _':~ ',..:';~-J;r:,:LLr~~~~ -~~~_.: - ~ . , disagreement. The letter shall be transmitted to participating parties and the Department of community Affairs. (2) Mediation a. A mediation panel shall consist of five members. In addition to functioning as a facilitation panel, the mediation panel shall provide a statement recommending a method of resolving any remaining points of disagreement. If there is not unanimous consent among panel members, a minority opinion may ~e issued. It shall accompany the majority position. b" As with the facilitation panel, the Chair shall write a letter documenting the meetings which were held, the evidence and testimony received, points of agreement, points of disagreement, and recommendation. The letter and any minority opinion shall be transmitted to participating parties and the Department of Community Affairs. ARTICLB XI. KI8CBLLAHBOU8 Section 1. Deleaation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, county, or city officers. 22 section 2. Filina A copy of this Agreement shall be filed with the Clerk of the circuit Court in and for Palm Beach County. section 3. Limited Liability No participant shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any . actions of the Executive Committee. The Executive Committee members have no authority or power to obligate the participants in any manner. section 4. Amendments This Agreement may be amended in writing at any time by the concurrence of a three-quarters vote of a majority of the entire membership of the Executive Committee and subsequent ratification by all of the participants in this Agreement and any Participation Agreement. Section 5. Controllina Law This Agreement shall be construed by and governed by the laws of the State of Florida. Section 6. Effective Date/Term This Agreement shall be effective on October 1, 1993, and shall continue in full force and effect unless all the participants withdraw in accordance with Section 7. Section 7. withdrawal Any participant may withdraw as a party to this Agreement after October 1, 1994, upon sixty (60) days written notice to the Chair of the Executive Committee. Any participation fees paid will 23 . , not be returned and the participant will cease activities in the program outlined in this Agreement. Suspension of participation in this Agreement will occur upon the nonpayment of the fee prescribed herein or for the nonperformance of any of the terms and conditions of this Agreement by any participant. The suspension will be effective thirty (30) days after date of notice from the Clearinghouse that noncompliance has occurred. Any participant receiving such notice shall have an opportunity to cure its noncompliance in a reasonable time. Upon compliance, the participant shall be notified by the Clearinghouse of its reinstatement as a participant. IN WITNESS WHEREOF, this Agreement has been executed by as of the date and year indicated below. Gr\g.Qgovt\~\.u9gt~...P 24 PARTICIPATION AGREEMENT THIS AGREEMENT dated this day of , 1993, entered into by and among , a (local government or service provider) hereinafter "New participant", and the various parties executing the Inter,local Agreement dated October 1, 1993, hereinafter "Master Agreement"; . IT. B S S B T H: WHEREAS, an intergovernmental coordination program for reviewing proposed changes to adopted comprehensive plans which fully utilizes the existing Chapter 163 comprehensive planning process with minimal bureaucracy and expense for local governments and service providers has been established as evidenced by that certain Interlocal Agreement dated October 1, 1993; and WHEREAS, desires to become a participant under said agreement; and WHEREAS, pursuant to Article III, Section 1 of the Master Agreement, participation is authorized upon the execution of this unilateral Participation Agreement. NOW, THEREFORB, in consideration of the mutual covenants contained herein, it is agreed and understood by and among the undersigned New Participant and the participants in the Master Agreement as follows: 1. Upon execution of this Agreement and upon payment of the annual participation fee prescribed in Article III, Section 2 of the Master Agreement, New Participant will become a participant in EXHIBIT "A" . , the Master Agreement recorded in the Official Records at Book No. , Page . 2. The New Participant shall enjoy all the privileges of, and shall be bound by all the terms and conditions of, the Master Agreement. 3. The participants in the Master Agreement agree to the inclusion of New Participant in accordance with Article III, Section 1 of the Master Agreement as it is acknowledged that the inclusion of an additional participant furthers the intent and spirit of the Master Agreement and the ultimate goal of providing planning coordination among all local governments and service providers. 4. A copy of this Participation Agreement shall be filed with the Clerk of the Court in and for Palm Beach County and with the Clearinghouse. 5. This Participation Agreement shall be effective upon execution and filing pursuant to Paragraph 4 and shall continue in full force and effect unless New Member withdraws pursuant to Article X, section 7 of the Master Agreement. IN WITNESS' WHEREOF, this Agreement has been executed by , as of the date and year indicated below. By: Its: Date: GI\gengo.t\dad\Particip.agt .~ KOLTI-JURISDICTIONaL ISSUBS COORDIBATIO. PORUK Iftmu.ocu. AcmBDD'l' Thi. Interlocal Agreement, dated the 1st day of October, 1993, entered into by and amonq the various parties executinq this Agreement, each one constitutinq a public aqency as defined in Part '. I of Chapter 163, Florida statutes, and each one a participant in the Comprehensive Plan Amendment Coordinated Review Interlocal ,.~ . . Agreement; . IT. . 8 8 . T BI 1IJIBRZU , the creation of the Multi-Jurisdictional Issues Coordination Forum (hereinafter "Fonua") will facilitate the identification and possible resolution of mUlti-jurisdictional issues by providing a vehicle for con sensu. building through the research of issues and the debate of same; and WKBRBAS, the Forum can provide direction on the resolution of a multi-jurisdictional issue and the implementation of a program of multi-jurisdictional siqnificance; and 1fBDBA8 , the Forum may also determine a countywide position relative to mUlti-jurisdictional issues and growth management needs at the County, Regional, and state level; and 1I1ID1~', the Forum would also serve as a vehicle for clarification of and technical assistance in understanding Regional and State initiative.; and "DDS, the Forum would also be an outlet to provide constructive critiquing of county legislative proposals having countywide implication.; and ....~., the Forum over tt.e may provide the initiative for , ' proqrams and policies to address items of mUlti-jurisdictional significance. RO., DDUOJtB, in consideration of the mutual covenants contained herein, it is mutually agreed and understood, by and amonq the undersigned parties as follows: ARTICLE I. TITLE This Agreement shall be known and may be cited as the "Multi- ~ Jurisdictional Issues Coordination Forum Interlocal Agreement." r' ARTICLE II. PURPOSE The primary purpose of this Agreement is to establish a Forum that will provide a yehicle for communication and education between and amonq the various local governments and service providers through the receipt and review of reports from ad-hoc committees; through presentations on items of mUlti-juriSdictional impact or concern; and through the review of actions taken by the Executive committee, as established herein. ARTICLE III. The following definitions shall apply to this Agreement: "As.ocia1:e porua .".1''' means a non-voting member of the Forum as established in Article IV, Section 2. ..C1.arinqboll.... means the Clearinghouse established in the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement. "co.pr.b.n.iv. Plan b.n4aent Coor4ina1:.4 aevie. IDt.r10cal Aqr....n1:.. means that Agreement dated October 1, 1993, which created the Comprehensive Plan Amendment Coordinated Review 2 -,"------ Process. "".cu1:iv. Oo_i1:1:.... mean. the Executive Committee establi~hed in the comprehensive Plan Amendment Coordinated Review Interlocal Aqreeaent. "Porua XeJI!)er" mean. a local government or service provider who has joined the Porum through this Agreement. . "Local GoveruaeD1:" mean. the incorporated cities, villages and - ,.~ towns within Palm Beach County and the County of Palm Beach. r . "Service Provi4era" means the Palm Beach County School Board, the South Florida Water Management District, and all independent special districts located in whole or in part in Palm Beach County which provide services required to be addressed in comprehensive plans by Chapter 163, Part II, Florida statutes. ARTICLE IV. XBJIBBRBBIP sectioD 1. porua .-.her. Each and every local government and service provider who has executed this Agreement by October 1, 1993, or who has subsequently entered into this Agreement by execution of a unilateral Membership Agreement in such form as the Agreement attached hereto as Exhibit "A", shall be a member of the Forum. In order to become a member, a local government or service provider must first be a participant in the Comprehensive Plan Amendment Coordinated Review Process through the Comprehensive Plan Amendment Coordinated Review Process Interlocal Agreement. Each Forum member shall designate a representative to exercise its responsibilities in the Forum. Each Forum member may also desiqnate an alternate representative who 3 , , shall act when the regular representative is not in attendance. Sec1:ioD 2. A.aociate porua Kember. An~ person or entity approved. by the becuti ve Committee may become an Associate Forum Me"o-1'". Associate Forum Members shall be treated in the same manner as Forum Members except that they do not have the power to vote. sectioD 3. ...~erabiD Pee. ,.~ A. There shall be no membership fee for Forum Members r' for the first year. The Executive Committee may establish such a fee effective after October 1, 1994. B. There shall be a $200.00 annual membership fee for Associate Forum Members. The Executive Committee may change the amount of this fee. sectioD 4. .emberabiD ObliaatioD. All Forum Members and Associate Forum Members agree to provide technical assistance requested by the Executive Committee and any ad-hoc committee established pursuant to this Agreement. ARTICLE V. PO.OX PO.... ABD DUTIBS SectioD 1. pover. The Forum may exercise the followinq powers: A. Refer an item of potential mUlti-jurisdictional significance to the Executive Committee for discussion. B. Veto an action of the Executive Committee taken pursuant to Article ~II of this Agreement; C. Adopt the minority opinion on an issue when the 4 Executive Committe. has issued both a majority opinion and a minority opinion; and D. ' Ratify or modify an action taken by the Executive committee pursuant to Article VI, Section 2 C. E. Establish its own rules of procedure that are not inconsistent with this Agreement. Sec1:ion 2. .ee1:ina. ;.,. A. The Forum shall meet at least quarterly on dates r . set by the Executive Committee. The Executive CoDimittee may schedule additional meetings provided tha1: there is at least two weeks notice distributed to each Forum Member and Associate Forum Member. B. In order to take an action a quorum must be present. A quorum consists of 50t + 1 of the total number of Forum members, ARTICLE VZ. BDCUTIVB COKKITTBE Sec1:ion 1. PurDo.e The Executive Committee shall process issues of multi- juriSdictional significance pursuant to Article VIII and shall coordinate activities of the Forum in accordance with and pursuant to the duties and responsibilities set forth herein. Sec~ion 2. Du1:ie. and ResDonsibili1:ie. The Executive Committee shall have the following duties and responsibilities relative to the Forum: A. Process proposed issues of multi-juriSdictional siqnificance pursuant to the procedures set forth in ArtiCle VIII; 5 , ' B. Schedule meetings of the Forum and prepare the agenda for same; c. Set annual membership f... for Forum Members and Associate Forwa Me.boars which shall be placed on the agenda for the nex1: Forum meetinq for ratification or modification; . D. Establish criteria for Associate Forum Membership; ';.~ E. Create ad-hoc committees pursuant to Article VII; r . F. Administer this Agreement, includinq but not limited to, preparinq an annual budget, overseeing the collection and expenditure of funds, and overseeing the operations, of the Clearinghouse and ad-hoc committees. G. Propose amendments to this Aqreement pursuant to Article X, Section 4. No enumeration of duties and responsibilities herein shall be deemed exclusive or restrictive, but shall be deemed to incorporate all implied powers necessary or incident to carrying out the purposes of this Agreement. ARTICLE VII. AD-BOC COlDIIftBE. Ad-hoc committees can be created only by the Executive Committee. Each committee shall be created for a specific purpose and for a period not to exceed one year unless extended by the Executive Committee. ARTXCLB VIXI. PROCBDURB The following procedure is to be used for the identification, 6 definition, and disposition of an item which may be of multi- jurisdictional siqnificance. A. An is.ue of mUlti-jurisdictional significance can be initiated by one of the followinq: 1. The Intergovernmental Plan Amendment Review Committee if the issue is identified in the "fact- . finding" or "conflict resolution" process. ~ 2. A member agency through a formal action of the r. qoverninq body. 3. Tbe Forum throuqh an action initiated by a member. B. An issue of mUlti-jurisdictional significance is submitted to the Executive Committee by the initiator on a form prescribed by the Executive Committee. The form should require, at a minimum, the following information: 1. The nature of the item and a statement identifying its multi-jurisdictional siqnificance. 2. How or why the issue is not being adequately addressed at present. 3. A statement as to why the Forum is the appropriate place to address the issue. C. The issue shall be considered at the next meeting of the Executive Committee. D. The Executive Committee shall take one of the following actions: 1. Make a determination that the issue is of multi- jurisdictional significance and recommend a course 7 ., ' of action. 2. Refer the issue to an ad-hoc committee. 3. Refer the issue back to the initiator with direction. 4. Kalte a determination that the Forum is not the appropriate vehicle to address the issue. s. Make a determination that the issue is not one of ,.';- mUlti-jurisdictional significance and that no . ' further review or action by the Forum is necessary. E. The Executive Committee shall present its written report on the action taken on a submitted issue of mUlti-jurisdictional significance to the Forum at the next meeting of the Forum. A minority opinion approved by at least three members of the Executive Committee shall accompany the report. F. The Forum, by a two-thirds vote of the Forum members present and votinq, may either veto the action of the Executive Committee or adopt the minority opinion issued by the Executive Committee and'direct its implementation. otherwise, the action of the Executive Committee shall remain in effect. G. If the issue is referred to an ad-hoc committee, the ad- hoc committee shall review it and submit a report to the Executive Committee. The Chair of the assiqned ad-hoc committee may call upon the resources of Forum Members and Associate Forum Members. The ad-hoc committee shall issue a report including the following: 1. Clear identification of the issue. 2. Implications of the current situation or course of 8 action. 3. Alternative courses of action and probable implicationa. 4. Need for further information, research, and direction. 5. Recommended disposition or next step. ' ,. H. The Executive Commi1:tee shall review the ad-hoc ,.~ committee's report and take formal action on the recommendations . . contained in the report. The Executive Committee shall present the ad-hoc committee's report and its action on the recommendation contained in the re~ort, alonq with any minority opinion adopted by at least three members of the Executive Committee, at the next meeting of the Forum. The Forum by a two-thirds vote of the Forum Members present and voting may either veto the action of the Executive Committee or adopt the minority opinion issued by the Executive Committee and direct its implementation. Otherwise, the action of the Executive Committee shall remain in effect. ARTICLB IZ. LOGISTICS UD SUPPORT Clerical and loqistical support for the Forum and the Executive COJllDlittee shall be provided by the Clearinghouse. Professional service. and advice shall be provided through the resources of the Forum Members and Associate Forum Members. ARTICLB Z. JlISCBLLUBOUS 8ec1:ioD 1. Deleqa1:ioD of Du1:, Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, 9 , ' county, .or ci:ty officers. section 2. Pillnq A ~opy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Sec1:ion 3. Liai1:e4 Liabili1:y No member shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of ,.~ the Executive Committee. The Executive Committee members have no . . authority or power to obligate the members in any manner. Sec1:ion c. Amendaent. This Agreement may be amended in writinq at any time by the concurrence of a three-quarters vote of a majority of the entire membership of the Executive Committee and subsequent ratification by all of the Forum Members in this Agreement. Section 5. controllinG Law This Agreement shall be construed by and governed by the laws of the State of Florida. Section I. Bffec1:ive Date/Tera This Agreement shall be effective on October 1, 1993, and shall continue in full force and effect unless all the members withdraw in accordance with Section 7. Sec1:10n 7. withdrawal Any member may withdraw as a party to this Agreement after October 1, 1994, upon sixty (60) days written notice to the Chair of the Executive Committee. Any membership fees, if required, will not be returned and the member shall not exercise any of the powers 10 . outlined in this Agreement. Suspension of membership in this Agreement will occur upon the nonpayment of the membership fee, if any, established pursuant hereto or for the nonperformance of any of the teras and conditions of thi. Agreement by any member. The suspension will be effective thirty (30) days after date of notice from the Clearinghouse that noncompliance has occurred. Any member " receiving such notice shall have an opportunity to cure its ;.~ noncompliance in a reasonable time. Upon compliance, the member . . shall be notified by the Clearinghouse of its reinstatement as a participant. IN WITNESS WHEREOF, this Agreement has been executed by as of the date and year indicated below. GI\g.ngo~\~\au1~ijur.agt 11 , ' MEMBERSHIP AGREEMENT THIS AGREEMENT dated this day of , 1993, entered into by and among , a (local government or service provider) hereinafter "New Member", and the var ious parties executing the Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement da ted October 1, 1993, hereinafter "Forum Agreement"; . I T R B S 8 B T .: WHERBAS, a Multi-Jurisdictional Issues Coordination Forum to facilitate the identification and possible resolution of multi- jurisdictional issues through the research of issues and the debate of same has been established as evidenced by that certain Forum Agreement dated October 1, and . 1993; WHEREAS, desires to become a Member under said agreement; and WHEREAS, pursuant to Article IV, Section 1 of the Forum Agreement, Forum membership is authorized upon the execution of this unilateral Membership Agreement. NOW, THEREFORB, in consideration of the mutual covenants contained herein, it is agreed and understood by and among the undersigned New Member and the members in the Forum Agreement as follows: 1. Upon execution of this Agreement and upon payment of the annual participation fee prescribed in Article IV, Section 3 of the Forum Agreement, New Member will become a Forum member pursuant to the Forum Agreement recorded in the Official Records at Book No. I Page . EXHIBIT "A" 2. The New Member shall enjoy all the privileges of, and shall be bound by all the terms and conditions of, the Forum Agreement. 3. The Forua _embers in the Forua Agreement agree to the inclusion of New Member in accordance with Article IV, Section 1 of the Forum Agreement as it is acknowledged that the inclusion of an . addi tional Forum member furthers the intent and spirit of the Forum J, ,.~ Agreement and the ultimate goal of providinq coordination in the . ' identification and possible resolution of issues of multi- jurisdictional significance &monq all local governments and service providers. 4. A copy of this Membership. Agreement shall be filed with the Clerk of the Court in and for Palm Beach County and with the Clearinghouse. 5. This Membership Agreement shall be effective upon execution and filinq pursuant to Paragraph 4 and shall continue in full force and effect unless the New Member withdraws pursuant to Article X, Section 7 of the Forum Agreement. IN WITNESS WHEREOF, this Agreement has been executed by , as of the date and year indicated below. By: Its: Date: GI\g8Dgov1:\4a4\_eabersp.aq1: , ' - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: (lP'CITY MANAGER SUBJECT: AGENDA ITEM # q l- . \ - MEETING OF JUNE 22. 1993 ACTIONS TO PROVIDE FOR IMPLEMENTATION OF AGREEMENTS AUTHOR- IZED BY RESOLUTION NO. 62-93 DATE: June 18, 1993 Resolution No. 62-93 authorized the execution of the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and the Multi-jurisdictional Issues Coordination Forum Interlocal Agreement. In order to fully implement the provisions of those agreements, specific actions must be taken. Those actions include: -Allocation from the City Commission's budget of $500 to pay membership fees for Fiscal Year 1993/94; which are due prior to October 1st. -Appointment of the City's Planning Director to the Interlocal Plan Amendment Review Committee. -Designating the City Manager as the City Official authorized to file a formal "intent to obje6t". -Making a determination that formal City Commission action is not required for the filing of an objection. -Appointment of a City Commission member to serve as a delegate of the Multi-jurisdictional Issues Coordination Forum. A detailed staff report is attached as backup material for this item. Recommend approval of actions to provide for implementation of agreements authorized by Resolution No. 62-93. . /"~ -i .. . I C I T Y COM MIS S ION DOC U MEN TAT ION TO: Q~B~C~:ACTING CITY MANAGER FROM: VID J. KOVACS, DIRECT~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 22, 1993 ACTIONS TO COMPLY WITH PROVISIONS OF THE INTERLOCAL COORDINATION PROGRAMS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of several appointments and policy determinations pertaining to the administration and implementation of the Countywide Plan Amendment Review Program and the Multi-jurisdictional Issues Forum Program. BACKGROUND: Please refer to the background information provided with the associated interlocal agreements, In order to fully implement provisions of the interlocal agreements specific actions must be taken. Each action and a recommended action follows. Dues: An annual membership fee of $500 is to be paid. Action: Authorize the payment of $500 in membership fees for FY 93/94, payable in FY 92/93. Appointment to Interlocal Plan Amendment Review Committee (Art IV, Section 2.S): This obligation is incurred for each municipality which has a professional planning staff. The appointee will participate on "fact-finding" and "conflict resolution" panels, It is estimated that over a full year, approximately 5% of the appointees time will be devoted to this function. Action: Appoint the City's Director of Planning to serve on the Interlocal Plan Amendment Review Committee. <. , City Commission Documentation Actions to Comply with Provisions of the Interlocal Coordination Programs Page 2 Desiqnation of Individual to F i 1 e "Notice of Intent to Object" (Art VIII, Section l(A) (2): In order to function in a timely manner, i.t is desired that a specific individual be authorized to file an "intent to object", The "intent" starts the formal review process, it does not necessarily mean that a formal objection will be filed. While this determination could be made by the City Commission, it is more efficient and productive if it is handled administratively. Action: Designate the City Manager as the City Official who may file a formal "intent to object", Determination Pertaininq to City Commission Role in Making a Formal Ob1ection (Art VIII, Section l(A) (3): The formal objection is made prior to convening a fact-finding panel. It must be in writing and convey the reasons for the objection. Once a formal objection is raised, it is to be included in the transmittal documentation to DCA. Since this action involves relations with another unit of government, the City Commission may wish to retain this authority onto themselves, However, I believe that it would be more ef.ficient to delegate the role but also to provide direction to the City Manager regarding its use. Action: Determine that a formal action of the City Commission is not required for filing an objection; and, that the City Manager is authorized to file a formal objection on behalf of the City. Desiqnation of Commission Representatives to the Issues Forum: This body is to be comprised of elected officials. It is a policy body. It is anticipated that it will meet quarterly, but it may meet as often as monthly. Meetings will commence in October, 1993. Action: Appoint a delegate and an alternate from among Commission members. RECOMMENDED ACTION: By motion, approval of the recommended actions as delineated above and designate as the representative to the Issues Forum with as the Alternate. DJK/CCINTER2.DOC I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: (/Id"CITY MANAGER SUBJECT: AGENDA ITEM tt q L . \ - MEETING OF JUNE 22. 1993 ACTIONS TO PROVIDE FOR IMPLEMENTATION OF AGREEMENTS AUTHOR- IZED BY RESOLUTION NO. 62-93 DATE: June 18, 1993 Resolution No. 62-93 authorized the execution of the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and the Multi-jurisdictional Issues Coordination Forum Interlocal Agreement. In order to fully implement the provisions of those agreements, specific actions must be taken. Those actions include: -Allocation from the City Commission's budget of $500 to pay membership fees for Fiscal Year 1993/94; which are due prior to October 1st. -Appointment of the City's Planning Director to the Interlocal Plan Amendment Review Committee. -Designating the City Manager as the City Official authorized to file a formal "intent to object". -Making a determination that formal City Commission action is not required for the filing of an objection. - ppointment of a City Commission member to serve as a delegate'/. of the Multi-jurisdictional Issues Coordination Forum. /' A detailed staff report is attached as backup material for this item. Recommend approval of actions to provide for implementation of agreements authorized by Resolution No. 62-93. if/f*Pn ) .D~' tS. ~ ~/. oJl t.~#}.,.k r ~ B6~- . ~ #J-- tffi" luJiy J . 1-.~ 1iJ ~ ~ ftf6"'; CfYl D do '/iio j P" ~ 0,) I @ .~ ~ 11/0 '5510" '1 \\ (yrrr(l j ., ' fC-R DJI<. ,.~ ...-f! As 1-h.l: COfrl ...:.'.z" ""..... -C{, Is th 11'1 , 5.:> Ion ~ "'tC%[ C I T Y COM MIS S I 0 J txffr-oPf,o.+-' ""k..- A T ION +,; -+ c: h C!Dn,,\~ Cl~ l,t.\ r- blACt~ ' TO: Q~3CU:::CTING Lu. --- FROM: VID J. KOVACS, DIREC~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 22, 1993 ACTIONS TO COMPLY WITH PROVISIONS OF THE INTERLOCAL COORDINATION PROGRAMS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of several appointments and policy determinations pertaining to the administration and implementation of the Countywide Plan Amendment Review Program and the Multi-jurisdictional Issues Forum Program. BACKGROUND: Please refer to the background information provided with the associated interlocal agreements, In order to fully implement provisions of the interlocal agreements specific actions must be taken. Each action and a recommended action follows. Dues: An annual membership fee of $500 is to be paid, Action: Authorize the payment of $500 in membership fees for FY 93/94, payable in FY 92/93. . Appointment to Interlocal Plan Amendment Review Committee (Art IV, Section 2.B): This obligation is incurred for each municipality which has a professional planning staff. The appointee will participate on "fact-finding" and "conflict resolution" panels. It is estimated that over a full year, approximately 5% of the appointees time will be devoted to this function, Action: Appoint the City's Director of Planning to serve on the Interlocal Plan Amendment Review Committee. , ' City Commission Documentation Actions to Comply with Provisions of the Interlocal Coordination Programs Page 2 Desiqnation of Individual to File "Notice of Intent to Ob1ect" (Art VIII, Section 1(A)(2): In order to function in a timely manner, it is desired that a specific individual be authorized to file an "intent to object". The "intent" starts the formal review process, it does not necessarily mean that a formal objection will be filed. While this determination could be made by the City Commission, it is more efficient and productive if it is handled administratively. Action: Designate the City Manager as the City Official who may file a formal "intent to object". Determination Pertaininq to City Commission Role in Making a Formal Objection (Art VIII, Section 1(A)(3): The formal objection is made prior to convening a fact-finding panel. It must be in writing and convey the reasons for the objection. Once a formal objection is raised, it is to be included in the transmittal documentation to DCA. Since this action involves relations with another unit of government, the City Commission may wish to retain this authority onto themselves. However, I believe that it would be more efficient to delegate the role but also to provide direction to the City Manager regarding its use. Action: Determine that a formal action of the City Commission is not required for filing an objection; and, that the City Manager is authorized to file a formal objection on behalf of the City. Desiqnation of Commission Representatives to the Issues Forum: This body is to be comprised of elected officials. It is a policy body. It is anticipated that it will meet quarterly, but it may meet as often as monthly. Meetings will commence in October, 1993. Action: Appoint a delegate and an alternate from among Commission members. RECOMMENDED ACTION: By motion, approval of the recommended actions as delineated above and designate as the representative to the Issues Forum with as the Alternate. DJK/CCINTER2.DOC " ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~Y MANAGER SUBJECT: AGENDA ITEM i 9;\1 - MEETING OF JUNE 22. 1993 SERVICE AUTHORIZATION NO. 13/HAZEN AND SAWYER DATE: June 18, 1993 This item is before you to consider approval of Service Authorization No. 13 in the amount of $32,832 to the contract with Hazen and Sawyer for consulting services to update the City's water and sewer system models, modeling of proposed improvements, and to provide training to City personnel in the use of the modeling software. The scope of service under this authorization includes updating of the existing water distribution and waste water transmission system computer models, training of City staff in the use of the system and modeling of projects in the design phase to ensure proper final design. Recommend approval of Service Authorization No. 13 to the contract with Hazen and Sawyer in the amount of $32,832; with funding from Water and Sewer Renewal and Replacement Master Plan Update (Account No. 442-5178-536-61.95) . ~~ Lj-o '. ' . MEMORANDUM TO: David T. Harden City Manager .~ THRU: William H. Greenwood ~~J~ Director of Environmental Services FROM: Richard C. Hasko Acting Deputy Director of Public Utilities SUBJECT: HAZEN & SAWYER, P.C. - SERVICE AUTHORIZATION NO. 13 - PROJECT NO. 91-016, 91-017 DATE: June 15, 1993 Attached is an agenda request and a copy of Service Authorization No. 13 for Hazen & Sawyer in the amou~t of $32,832.00 for consulting services regarding updating the City's water and sewer system computer models. Since the models were completed and transferred to the City in September of 1992, several water & sewer projects were constructed which need to be added to the computer model to maintain its currency. There are also water and sewer projects in planning that require modeling in the design process to ensure proper design of proposed facilities, Finally, City staff needs to be trained in the use of the modeling software so the models can be maintained in house, eliminating reliance on consultants for this service, The foregoing is the scope of services in this service authorization. The funding source for this work is account number o:eud_-~' Richard C, Hasko RCH : smm ATTS: cc: Ralph Hayden, City Engineer Victor Majtenyi, Construction Manager Technician File: Memos to City Manager Project Nos. 91-016,91-017 (D) ., ' 4. Run sewer model for determination of service requirements to proposed school site "s" and surrounding vacant property to be used as a basis for engineering design of the required collection/transmission system. A summary of the findings will be presented to the City in a Technical Memorandum format. 5. Run sewer model for determination of F.M. 86 system impacts caused by manifolding of the existing force main on Barwick Road. Relocation of F.M. 86 will include elimination of the existing free discharge connection to a gravity system and extension of F.M. 86 north to a manifold connection point on Lake Ida Road. Five (5) lift stations are connected to this system. A summary of the findings will be presented to the City in a Technical Memorandum format. 6. Update full size drawings of City water and sewer systems to reflect improvements as found in Item No. 1 above. B. Phase II - Preliminary Deslon Phase - Not Applicable C. Phase III - Final Deslon Phase - Not Applicable D. Phase IV - Blddlno/Neootlatlon Phase - Not Applicable E. Phase V - Construction Phase - Not Applicable F. Phase VI - Resident Project Representative Services Phase - Not Applicable III DATA AND SERVICES TO BE PROVIDED BY THE CITY CITY shall provide Data and other services in accordance with Article IV of the Contract. Specifically the CITY shall provide copies of record drawings for the water distribution system and wastewater collection/transmission system improvements implemented subsequent to the finalization of the Water and Wastewater Master Plans. IV BUDGET Scope of Work Fees Item No. 1 $9,510 Item No. 2 $2,010 Item No. 3 $6,000 Item No.4 $5,616 Item No.5 $5,616 Item No.6 $4,080 TOTAL $32,832 IV COMPLETION DATE The completion date of this work will be within three months of Notice to Proceed. PROSC103.BCA:06-01-93 Page 2 of 3 " ' J: ." ~ % - > m rn z m )> - - - - - - rn -t z CD CD CD CD CD CD -t 0 3 3 3 3 3 3 c: AI (I) CI> Z Z Z Z Z Z ~ ~ ~ ? 0 ? ? ? ? i' m (J'I . (,,) I\) .... ~ (I) (/) n m c: 0 :::!. ::0 ~ " " .... m 0' i ." ::J i 0 en " n 3 -t 0 .... 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM it CW - MEETING OF JUNE 22. 1993 CHANGE ORDER NO. 2/DUTCH CONSTRUCTION COMPANY DATE: June 18, 1993 This item is before you to consider a change order in the amount of $12,407.52 and which also extends the contract completion date by 15 days to the contract with Dutch Construction Company for miscellaneous changes to the Veterans Park Redevelopment project. Proposed changes to the project include: -Add ground fault interceptors for site lighting poles. -Additional door at Community Center for after-hour park access. -Sanitary sewer service from Community Center for future tie in. -Electrical/phone service to relocated ticket booth for Rambling Rose. -Barricades/Traffic Maintenance construction in parking lot between the Park and Atlantic Plaza. -Remove buried concrete in new island planters in parking lot. -Additional electrical service to lift station for new FPL splice box. Recommend approval of Change Order No. 2 in the amount of $12,407.52 and which also extends the contract completion date by 15 days for Dutch Construction CompanYi with funding from Decade of Excellence Bond Issue - Redevelopment Veterans Park (Account 225-4126-572-61.63). ~ '-/-0 wi (J,~ 0"Yl ~ . w0t/, r!'+'L- , ' . . . Agenda Item No.: AGENDA REQUEST Date: June 2, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda When: June~, _____ Workshop Agenda 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve change Order #2 to Dutch Construction Company, Inc. for the redevelopment of Veterans Park. (Project No. 91-49) Change Order No. 2 is for miscellaneous City requested changes as outlined and detailed in Schedule "A" attached. Change Order #2 is also for an extension of time in the amount of fifteen (15) calendar days. . Change Order #2 is for a net add amount of $12,407.52 (Schedule "A" attached). Funding source is,~4126-572-61.63 in the amount of $12,407.52. ~ :> 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). ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of Change Order #2. rJ Department He signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (~~red on all items involving expenditure of funds): Funding available: ( Y~L~NO Funding alternatives ,) iV"I-41 )~" <)~; .~({;: Account No. & De c t~n -:- ~) --.;--"..1 \ Account Balance -._,-". [ C . . L L. <~^.J (.. + )f'f:>l( City Manager Review: F~ N D I N67 -rl'lt N ~ Ft. (? ~ (irv1. Ac (~T Approved for agenda: YES/NO ~),~J (~, - 414 I - f~;-l-::' . (.( ~L\ 1 An -T (i~. T~ Hold Until: , <,hJ I NTo~j Agenda Coordinator Review: t?LM(J1 Ff4-r/DI\) Received: Placed on Agenda: Action: Approved/Disapproved . , (1",,0 ~ IJ' MEMORANDUM TO: David T. Harden City Manager ~ THRU: William H. Greenwood 4tJ~ Director of Environmental Services THRU: Ralph Hayden ~ City Engineer FROM: Victor Majtenyi VdfA - Construction Manager Technician SUBJECT: CHANGE ORDER NO. 2 - VETERANS PARK - ADDITIONAL BACKUP INFORMATION DATE: June 15, 1993 Submitted for your approval is Change Order No, 2 for Dutch Construction on the Veterans Park Project. Please schedule this item for the June 22, 1993 City Commission Meeting. Change Order No. 2 is for miscellaneous City requested changes as outlined on Schedule "A" attached-l_~~ is for a net add amount of $12,407.52 with funding from~-4126-572-61.63. The following is a detailed explanation of the two items on the change order that were questioned earlier as per attached Schedule "A". Item #3 is for the construction of the Veterans Park Community Center sewer lateral as previously proposed. This consists of tying into the existing sewer lateral east of the building and running the lateral east then north to connect to the proposed sewer main being constructed for the new lift station, Molloy Bros., Inc. has given us a quote for this work in the amount of $5,328.23. The recommendation is based on the following: 0 The existing lateral has been located on the east side of the building. 0 To construct the sewer lateral as proposed will require simple trenching from the existing lateral to the new sewer main. Therefore, recent improvements such as brick sidewalk will not be affected. 0 Constructing the sewer lateral to the west of the building will require dealing with the unknown since plans for the existing building could not be located. This could result in having to temporarily close the restrooms for a week or more. I' Furthermore, additional trades will be required since the floor slab will have to be cut open to install service line. The line will have to be installed below the perimeter foundation and then routed through brick sidewalks. Also, floor slab repairs and compaction would be very difficult within the confined spaces inside the building. Further damage to the building could result, Item #7 on Change Order No. 2 for Veterans Park is for additional electrical service to the existing Lift Station from the new FPL splice box. The cost associated with this is $2,798.00 and is for an underground cable to the lift station. We contacted Rusty Russillo of FPL, as to an alternative using temporary overhead lines instead of the underground cable. According to FPL, with all the overhead lines at the park removed and installed underground, the primary cable source has now changed to a heavier and different type. The conversion of this type to an overhead type for the short distance in question would be at an additional cost to the City. The engineering staff recommends we stay with the original proposal of $2,798.00. ~~/ VM: smm File: Memos to City Manager Project No. 91-49(D) " ' . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 PROJECT NO. 91-049 DATE: PROJECT TITLE: Veterans Park Redevelopment TO CONTRACTOR: Dutch Construction Co., Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS.AND COVENANTS. JUSTIFICATION: Construct miscellaneous changes to Project per attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 440,059,00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 42,908.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 482,967.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 12,407.52 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 495,374.52 PER CENT INCREASE THIS CHANGE ORDER 2.8 % - - TOTAL PER CENT INCREASE TO DATE 12.5 % - EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE ORDER FIFTEEN (15) CALENDAR DAYS TO June 29, 1993 (Final) 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. 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',' 1....:/ '. 0: W,. ,'!,V.., "f'" o.m ,.-' 'i~~, "~'., 0010 ' . wO: 'r; ~~.,,!r~''';.,.. . .' 0 8: ~ w I I '. ' b cL I 0 :ScCO~ ,I Z D. 0: Z VI I I ~ !I 5 ::1~~~ I I /.' 0:: I G: Vl< ~ .J I (!) ~ O.......(!) \A I : ,,,,,.":111. I I I' SOp12H Schedule "A" Change Order '2 Project Number: 91-49 Project Name: Veterans Park Item Total COIIIIDents No. Description ----------------------------------------------------------------------------------------------------------------------- 1 Add ground fault inteeeptors for site lighting poles $578.00 Arch! teet design change to provide grounding for poles for site lighting 2 Additional door at CODlDunity Center for after-hours Park access $1,060.29 City (Parks) requested change for securing Camauni ty Center fram outside access to bathroo_. 3 Sanitary sewer service fram Camaunity Center for future tie-in to new main. $5,328.23 City (Parks) requested change for future tie-in to new main being installed under Booster Station contract (90-05). 4 Electrical/phone service to relocated ticket booth for Rambling Rose $643.00 City (Parks) requested change to relocate ticket booth for underground electrical service installation *5 Barricades/Traffic Maintenance for construction in parking lot between the Park and Atlantic Plaza Allowance $1,500.00 City (Parks) requested change - Parking lot is within Contract limits;adding this itBB allows construction to continue and parking lot to remain open *6 Remove buried concrete in new island planters in parking lot Allowance $500.00 Unfores_n condition - concrete encountered while excavating for planters 7 Additional electrical service to lift station from new FPL splice box $2,798.00 City (Parks) requested for service to Lift Station from new relocated underground service ------------ Total net add Change Order '2 $12,407.52 ============= , ' . Schedule B Cumulative Change Order Summary Project No. : 91-49 Project Name: Veteran's Park Item Change RFQI Cost Percent of No. Order Description COR # Original Contract ------------------------------------------------------------------------------------------------------------------------- CITY REQUESTED CHANGES ------------------------------ 2 1 Install security hook-up at recreation building new exterior door. 5 $144.00 4 1 Storm drainage revision resulting in an additional 10' of concrete pipe and field adjustments to manhole. 13 $1,125.00 6 1 Removal of existing panelling in hallway and repaint area. 7 $300.00 7 1 Installation of new retaining wall at bridge due to FPL revisions in overhead power lines. 10 $9,200.00 8 1 Build and install steel rack on retaining wall for mounting of electrical panels servicing bridge and boat. 12 $7,909.00 10 1 Cost of time delay due to inability to proceed with shuffle- board courts; delays due to FPL line relocation and subsequent tree relocation by City. 16 $6,334.00 11 1 Rehabilitation Har-tru surface on existing lawn bowling courts to match new court surface. $3,104.00 12 1 Furnish and install new benches for shuffleboard courts $4,188.00 13 1 Delete landscaping and irrigation work north of existing lawn bowling courts at NE 1st St (Alternate #1) ($859.00) 1 2 Electrical/phone service to relocated ticket booth for $643.00 Rambl ing Rose 2 2 Additional door at Community Center for after-hours Park access. $1,060.29 3 2 Sanitary sewer service from Community Center ~or future tie-in to new main. $5,328.23 2 Barricades/Traffic Maintenance for construction in parking lot between the Park and Atlantic Plaza $1,500.00 2 Additional electrical service to booster station from new FPL splice box $2,798.00 ----------- ----------------- Subtotal for City cumulative changes $42,774.52 9.7X ----------- ----------------- ----------- ----------------- , ' Schedule B Cumulative Change Order Summary Project No. : 91-49 Project Name: Veteran's Park Item Change RFQ/ Cost Percent of No. Order Description COR # Original Contract ----------...---------------------------------------..-------------------..-----------------------..-------------------------- ARCHITECT/ENGINEER DESIGN CHANGES ---------------------..--- 1 1 Installation of a monolithic footing where sidewalk abuts 3 $607.00 asphalt pavement at parking lot. 3 1 Install precast concrete lintel at new door opening in recreation building. 6 $294.00 5 1 Lawn bowling gutter detail revision as recommended by Nidy, the lawn bowling contractor. 15 $4,000.00 14 1 Eliminate plant material west side of Community Center ($60.00) 15 1 Delete nosing on gazebo steps ($130.00) 16 1 Delete ,lower step to gazebo to meet finish grade elevations ($76.00) 17 1 Delete termite protection under sidewalks ($60.00) 18 1 Change new hallway hardware from knob to level type $88.00 19 1 Provide retaining wall at gazebo handicapped ramps $1,000.00 2 Add ground fault inteceptors for site lighting poles $578.00 ..........-....-........ ----------------- Subtotal for Architect/Engineer Changes $6,241.00 1.4% ----------- ----------------- ----------- ----------------- ------------------------------------------------------------------------------------------------------------------------- UNFORESEEN CONDITIONS --------------..----------------..---------- 9 1 Demuck building pad at gazebo/fill and compact per East Coast Testing recommendations 14 $5,800.00 2 Remove buried concrete in new island planters in $500.00 parking lot .........---...-- ----------------- Subtotal for Unforeseen Conditions $6,300.00 1.4% ------------ ----------------- ------------ ----------------- ----------- ----------------- ----------- ----------------- TOTAL NET CUMULATIVE THRU CHANGE ORDER #2 $55,315.52 12.5% ----------- ----------------- ----------- ----------------- , ' ~..~J"""'~ ......,~\ [ITY DF DELRAY BEA[H r I, ,~ ;I l i '\ i, ',\, '.. . .,.. ....~...:-' 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 Veterans Park DATE: June 3, 1993 Per our discussion, I concur with Change Order #2 for Veterans Park in the additional amount of $12,407.52. Parks and Recreation JW:cp Ref:hwco2vet THE EFFORT ALWAYS MATTERS , ' City of Delray Beach Departmental Budget Transfer (1) Departmental Une Transfer (2) Date1 u n e I 7 . 1993 (3) Interfundllnterdepartmental Transfer (4) Batch Number ! , (5) Requested By: R a 1 ph H a y den. Engineer/Mary Young. Accountant (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 225-2311-522-6 I .56 Central Fire St#1 720 225-2311-522-49.90 Central Fire St#I-Fire/ 720 Burglar monitoring 225-2913-519-42.20 gxp. Chrg/Messenger 200 225-2913-519-42.10 Postage 60 225-2913-519-52.10 Fuel/Lube-Vehicles 260 225-4141-572-61.49 Atl-I-95-Swinton 19. 162 225-4126-572-61.63 Veteran,!'s Park 19.062 225-3162-541-6].74 Spady Elementary 100 ! i i 20.142 20.142 I (10) TOTAL JUSTIFICATION: To transfer fundimr for the Fire/Burglar monitoring charge to a non- fixed account in the amount of $720.00 for Fire St.#I. To transfer $260.00 needed to fuel/lube en~ineering vehicles for June 1993 to September 1993. To transfer fundirg j- n h:.1 1 .; ,.., 0 c:: 1 Q 1 h? 00 . fnr Vetpran's Park pro;ect and Spady Elementary project. The breakdown is as follows: $1.803.70 is needed to purchase electrical equipment fre m m . n._1._ T>.t_ i'1'l 1,(\7..'l.j" -' -' t-,,~' .1.. nrnl'>r#2 to Dutch ... Construction for various City requested changes. $4.851.06 is needed to finance Servo ce Authorization #6 to Currie Schneider for cont~nued construct~on adm~n~strat:~on serv~cEs (Ph.,."", v ~o...u~ ,.",,,,) SIOO.OO is needed to offset the deficit in Spady account for the Clerks fee. Department Head Asst City Manager Budget Officer City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT . - - ., , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: p!<JCITY MANAGER SUBJECT: AGENDA ITEM i q 0 - MEETING OF JUNE 22. 1993 REOUEST FOR FINAL PAYMENT/POST. BUCKLEY. SCHUH AND JERNIGAN DATE: June 18, 1993 We have received a request from Post, Buckley, Schuh and Jernigan ~or final payment in the total amount of $23,708.52 for completion of tasks under Service Authorizations 16, 16A, 16B, 17, 17A and 17B in conjunction with the 1/2 Million Gallon Elevated Water Storage and North Tank projects. Service Authorizations 16 and 16A were for inspection services on the Elevated Water Storage Tank through September 1992. The request for final payment for these authorizations is in the amount of $2,636.55. Service Authorization 16B was for additional inspection services above and beyond the "pro bono" services, through May 14, 1993. The request for final payment for this authorization is $2,289.09. Service Authorizations 17, 17A and 17B were for bidding and construction administrative services in conjunction with the North Storage Tank and Pump Station and Booster Pump Addition to the South Pump Station projects. The request for final payment for these authorizations is $18,782.88. Recommend approval of the request from Post, Buckley, Schuh and Jernigan for final payment in the total amount of $23,708.53; with funding from Water and Sewer Rehab 1/2 Million Gallon Elevated Tank (Account No. 441-5162-536-61.79 - $2,636.55), Renewal and Replacement - Rehab 1/2 Million Gallon Elevated Tank (Account No. 442-5178-536-61.79 - $2,289.09) and North Tank (Account No. 441-5162-536-60.93 - $18,782.88). ~ '-1-0 . ' . , Agenda Item No.: AGENDA REQUEST Date: June 10. 1993 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: June 22. 1993 Description of item (who, what, where, how much): Staff reauest final pavment for consultina services to Post. Bucklev. Schuh and Jerniaan for enaineerina services. This pavment is for Service Authorizations 16. 16A. 16B. 17, 17 A and 17B. Amounts due are as follows: Proi. No. Servo Authorization Amol.l'lt Account No. Proiect 90-01 16 & 16A S 2.636.55 441-5162-536-61.79 Elevated StoraQe Tank 90-01 168 2.289.09 442-5178-536-61.79 Elevated Storage Tank 90-22 17. 17A & 178 18.782.88 441-5162-536-60.93 North Tanlc TOTAL S 23.708.52 The work accOll1)l i shed was allDroved. pUrchase orders issued. and cOll1)leted. Final Davment for Service Authorization 16C is not included in the aQenda reauest. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends reauest in a total amount of 23 708.52 to Post Buckle Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.kt , ' . ~4 ., t#j ~<it,. MEMORANDUM TO: David T. Harden City Manager THRU: William H. Greenwood ftJlJtb Director of Environmental Services FROM: Ralph E. Hayden, PE ~l City Engineer ~~ SUBJ: Final Payment for Post Buckley Schuh and Jernigan DATE: June 16, 1993 Attached is an agenda request and backup information for final payment to Post Buckley Schuh and Jernigan (PBSJ). This agenda request is to pay them for completed project work on the Elevated Storage Tank and the North Tank. This agenda request does not include final payment for Service Authorization 16C for the $5,000. that was recently approved by Commission. These documents for service Authorization 16C are being executed at this time. Service Authorizations 16 and 16A are for inspections on the Elevated Storage Tank through September 1992. Service authorization 16B is additional inspections above and beyond the "pro bono" services originally provided and are for services through May 14, 1993. Service Authorizations 17, 17A, and 17B are for bidding and construction administration services for improvements to the North Storage Tank and Pump Station, and Booster Pump Addition to the South Pump station. . , . 90 - .2.;J.. :r PBSJ ro5T. ENGINEERING , BUCKLEY,. PLANNING SCHUH &. it" JERNIGAN, INC. DECEMBER 18, 19 MpID\CE.MENTFQRLQST). INVOICE NO. 09924 JOB NO. 07-157.00 CITY OF DELRA Y BEACH crrv ()F DELHf\Y BEACH ENVIRONMENTAL SERVICES DEPARTMENT ENVmm'HjjENTl.l S~RVICES DEPARTMENT 434 SOUTH SWINTON AVENUE DELRA Y BEACH, FLORIDA 33444 P/~ YMENT HEVIElf/ n M'PFlcvr.n LJ E 1TIAL PAYMENT LJ NOT i\i'~nOVr;::I [ FI~U\L PI\YMi;NT ATTENTION: MR. WILLIAM H. GREENWOOD, 502..~ if q___ DIRECfOR OF ENVIRONMENTAL SERVICES - bow FOR: BIDDING AND CONSTRUCfION SERVICES FO STORAGE TANK AND PUMP STATION AND BOO SOUTH PUMP STATION AUTHORIZATION #17, 17A & 17B DATE: INVOICE #19 .-.._-- PO # 502690 PROFESSIONAL SERVICES RENDERED THROUGH THE PERIOD ENDING NOVEMBER 30, 1992 TASK 1.1 BIDDING PHASE (07 -157.01 & .03) TASK 1.1 BUDGET $ 11,257.00 PREVIOUS AMT. BILLED 11 ,257.00 AMOUNT DUE THIS INVOICE 0.00 BUDGET REMAINING $ 0.00 --~- TASK 1.2 CONFORMED DOCUMENTS_107-157.g~_______ TASK 1.2 BUDGET $ 4,469.00 PREVIOUS AMT. BILLED 4,469.00 AMOUNT DUE THIS INVOICE 0.00 BUDGET REMAINING $ 0.00 1560 ORANGE AVENUE, SUITE 700, WINTER PARK, FLORIDA 32789-5544. TELEPHONE: 407/647-7275' FAX: 407/647-0624 , , . , .._,--------~._.._._- . ......._._~ ,.........-.... "- -'-" CITY OF DELRA Y BEACH DECEMBER 18, 1929 INVOICE NO. 09924 JOB NO. 07-157.00 PAGE 2 TASK 1.3 CONSTRUCTION PHASE SERVICES (07-157.10, .11, .12, .20, .21 & .22) PROFESSONALPERSONNEL HOURS AMOUNT TOTAL PROmCT MANAGER VOORHEES, RICHARD 52.5 $ 1,652.61 SR. ENGINEER IV PITCHER, WILLIAM 8.0 240.40 SR. ENGINEER III RIVAS, EMILIO 32.0 802.75 SR. ENGINEER II SCHMIDT, DANIEL 10.0 226.00 SR. ENGINEER I MARTINEZ, PAUL 31.0 529.17 SR. ESTIMATOR CARTER, DAVID 3.0 71.40 DESIGNER WILSON, WALTER 43.0 724.40 MAURA, SHIRLEY 83.5 1,127.35 DRAFTSPERSON MONTENGRO,ROLANDO 21.5 160.18 FOWLER, WILLIAM 2.5 26.00 SECRETARY TURNER, MARIETIA 1.0 9.36 GENENDLIS, PAMELA 1.0 11.06 --- 289.0 $ 5,580.68 x3.0 TOTAL LABOR $ 16,742.04 . , --,.-----....- .--- --......... -- ......-....~... CITY OF DELRA Y BEACH DECEMBER 18, 1929 INVOICE NO. 09924 JOB NO. 07 -157.00 PAGE 3 REIMBURSABLE EXPENSES TELEPHONE $ 1.61 MISC COST OF JOB 20.00 REPRODUCTIONS 13.20 BLUEPRINTS/REPRODUCnONS 73.40 COURIER 2.93 $ 111.14 FEE 10% $111.14 11.11 122.25 SUB TOTAL TASK 1.3 $ 16,864.29 TASK 1.3 BUDGET $ 50,161.00 AMENDMENT 17B 19,661.00 TOTAL BUDGET 69,822.00 PREVIOUS AMT. BILLED 52,957.71 AMOUNT DUE THIS INVOICE 16,864.29 BUDGET REMAINING $ 0.00 TASK 1.4 START UP SERVICES (07-157.30) PROFESSONAL PERSONNEL HOURS AMOUNT TOTAL PROJECT MANAGER VOORHEES, RICHARD 5.0 $ 156.25 5.0 $ 156.25 x 3.0 TOTAL LABOR $ 468.75 REIMBURSABLE EXPENSES BLUEPRINTS & REPRODUCTIONS $ 24.92 $ 24.92 FEE 10% $24.92 2.49 27.41 SUB TOTAL TASK 1.4 $ 496.16 TASK 1.4 BUDGET $ 5,669.00 PREVIO US AMT. BILLED 5,172.84 AMOUNT DUE THIS INVOICE 496.16 BUDGET REMAINING $ 0.00 , , " ., CITY OF DELRA Y BEACH DECEMBER 18,1929 INVOICE NO. 09924 JOB NO. 07-157.00 PAGE 4 TASK 1.5 PROJECT CLOSEOUT AND RECORD DRAWINGS (07-157.40) PROFESSONAL PERSONNEL HOURS AMOUNT TOTAL CADD OPERATOR SMITH, CYNTIIIA 4.5 $ 56.97 4.5 $ 56.97 x 3.0 TOTAL LABOR $ 170.91 REIMBURSABLE EXPENSES BLUEPRINTS & REPRODUCTIONS $ 7.56 $ 7.56 FEE 10% $7.56 0.76 8.32 SUB TOTAL TASK 1.5 $ 179.23 TASK 1.5 BUDGET $ 6,783.00 PREVIOUS AMT. BILLED 6,603.77 AMOUNT DUE THIS INVOICE 179.23 BUDGET REMAINING $ 0.00 TASK 1.6 RESIDENT PROJECT REPRESENTATION & MISC. ENG. (07-157.50, .51) PROFESSONAL PERSONNEL HOURS AMOUNT TOTAL PROJECT MANAGER VOORHEES, RICHARD 12.5 $ 408.25 ---- 12.5 $ 408.25 x 3.0 TOTAL LABOR $ 1,224.75 REIMBURSABLE EXPENSES BLUEPRINTS & REPRODUCTIONS $ 16.77 $ 16.77 FEE 10% $16.77 1.68 18.45 SUB TOTAL TASK 1.6 $ 1,243.20 , , . . . ~1 t CITY OF DELRA Y BEACH DECEMBER 18, 1929 INVOICE NO. 09924 JOB NO. 07-157.00 PAGE 5 TASK 1.6 BUDGET $ 55,862.00 PREVIOUS AMT. BILLED 54,618.80 AMOUNT DUE THIS INVOICE 1,243.20 BUDGET REMAINING $ 0.00 TOTAL AMOUNT DUE THIS INVOICE $ 18,782.88 CONTRACT BUDGET $ 116,791.00 AUTHORIZATION 17A 17,410.00 AUTHORIZATION 17B 19,661.00 $ 153,862.00 PREVIOUS AMT. BILLED 135,079.12 AMOUNT DUE THIS INVOICE 18,782.88 BUDGET REMAINING $ 0.00 J. RICHARD VOORHEES, PROJECf MANAGER POST, BUCKLEY, SCHUH & JERNIGAN , ' I It,.) ~ ( -'-- PBSJ ~T, ENGINEERING BUCKLEY, PLANNING SCHUH &.. JERNIGAN, INC. El:.l \l ~3 \f ~~ U I'll It. JUNE 3, 1993 93 .JUN - 7 r" ., I ' INVOICE NO. 11216 ",'. - h "r1 j: ~~c JOB NO. 07423.30 ~-:.> f"'--'~ CITY OF DELRAY BEACH - t:U ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUTH SWINTON AVENUE DELRAY BEACH, FLORIDA 33444 ATTENTION: WILLIAM H. GREENWOOD, P.E., DIRECTOR OF ENVIRONMENTAL SERVICES FOR: ADDITIONAL PROFESSIONAL ENGINEERING AND INSPECTION SERVICES FOR ELEVATED STORAGE TANK REHABILITATION, AUTHORIZATION #16B, INVOICE NO. 2 PROFESSIONAL SERVICES FROM MAY 10, 1993 THROUGH MAY 14, 1993 SERVICE DATES: 5/10/93, 5/11/93, 5/12/93, 5/13/93, 5/14/93 ------------------------------------------------------------ PROFESSIONAL PERSONNEL CONSULTANT PROJECT MANAGER 4.5 HRS X $105.00/HR. = $ 472.50 SUBCONSULTANT INSPECTOR (REG. TIME) 40 HRS. X $40.70/HR. = 1,628.00 SUBCONSULTANT INSPECTOR MILEAGE $41.45 (1.1) = 45.59 SUBCONSULTANT INSPECTOR PER DIEM 2 DAYS X 71.50 = 143.00 (5/10/93 & 5/11/93) --------- TOTAL THIS INVOICE $ 2,289.09 ---------- ---------- CONTRACT AMOUNT $ 9,975.00 AMOUNT PREVIOUSLY INVOICED 7,685.91 AMOUNT DUE THIS INVOICE ,-2-89.-G9--------_____.______ CONTRACT REMAINING ,...s -, I . ,,......... ()q...,q~L,.. p.,- "." I ~ t.. t ~~.. ~ ""'~ ~\ \' P r::: ^ I"P 1 5?flc/. l J--L- :....r ffl.......,~l...: t Jl_1~_.:-1,l""":fl ENVr=IO'!~.'..~,_.,' - "1''1' ,.. ,- l~: !t~:'~ i ,-,' .."..,...11..:'::-:. .'~7..,.\ ,--.> "~"I" '-' - .... . \.-. ',.,.'.~ t....:../'....\f.f I f;h:~; .. Pi~~'{~...,;r:i\rr r:C:'-il::....iJ lJ ,A,j:'pr;OW:D i'J ,." -'n", " n. ,_ J. 'RICHARD VOORHEES, PROJECT MANAGER o NOT A "w" , ' '''''. . ".' ,," ," r I ~ I \..llJ-T.:D 0 ~:l~\:"";j P'~\"'.'."("'"l''' POST, BUCKLEY, SCHUH & JERNIGAN .- . . Llh'''. P.O.It:____~ /;Z &~.______.. BUDGET IiCGT.h:Y?-Z_2aJ!..::~~~ ~?J By: . ---~-- F".'ll" -UP~:------- '~"J,,~ ,/ , ~) (P;;iINT) -- DATE:__ '-- --- ~----......- 1560 ORANGE AVENUE, SUITE 700. WINfER PARK. FLORIDA 32789-5544' TELEPHONE: 407/647-7275 . ' . , I_~ UUI...I,"l..t.Y, ~ 1'1.t'\1"I 1'1 I I'I\.J SCHUH &. . ^ JERNIGAN, INC. CHVIRmU.1FNTt"i ~FHV!Gf.$ 92 OCT \5 Pt1 3; 40 OCTOBER 13, 1992 RECEiVED INVOICE NO. 09282 JOB NO. 07423.10 CITY OF DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUTH SWINTON AVENUE DELRAY BEACH, FLORIDA 33444 ATTN: MR. WILLIAM H. GREENWOOD, DIRECTOR OF ENVIRONMENTAL SERVICES FOR: ELEVATED STORAGE TANK REHABILITATION AUTHORIZATION #16 & 16A INVOICE NO. 14 PROFESSIONAL SERVICES FOR THE PERIOD ENDING SEPTEMBER 30, 1992 -------------------------------------------------------------- PROFESSIONAL PERSONNEL HOURS RATE AMOUNT PROJECT ENGINEER (.....,. VOORHEES, J. RICHARD 1.5 32.66 48.99 L,,,) ------------ u I,D :'"'.1\\ - 0 48.99 ;1'~r.' g X 3.00 ........ \",1.J ( ,. ------------ " ;:t:: ',:::::Wb <'C:t: TOTAL LABOR 146.97 '11::';'" "1,1"I0Io ~'"'' (f) L!..! ------------ ;.:1:"" , C,,":) / I.,.. "'l:'~ ;iir.1~ 1,,1:.1 TOTAL THIS INVOICE $ 146.97;- .-,.., ::~r: -:;C -> ------------ I::::: CC ------------ {,1.: M .....l~ a' .' '''1'. ;:'ORIGINAL CONTRACT BUDGET $20,554.00 AUTHORIZATION NO. 16A 27,906.00 ---------- TOTAL BUDGET AMOUNT 48,460.00 AMOUNT PREVIOUSLY INVOICED 45,676.48 AMOUNT DUE THIS INVOICE 146.97 ~ BUDGET REMAINING --~.~~~6~~~~6'l~_S'<t;;1-.... ! (I."':':,.": t~" '''. .... ... " '" ''',,'' \ ~,., . ,.......:\; '( .\'. .':".:', :',:'::',(,:....,;~'! J I c~'w.....:.... ......" '." . ~~ w. .'. . j.." . '. . ;"..' (" . 'I . ,I I Sf L If w--i ..,.....",.,...,... " .. ' '.. -"" ,..' "... I ( ~ [) 1~.r'ri,r.,:,:.J J ~L;i~~~;~-;~~;~;~~~-;;~;;~;-;~;~~;; I [J IJell',,',; :,.',,(~:~ u ['1.''/'''_1.\ ','~I~;;H POST, BUCKLEY, SCHUH & JERNIGAN I P.O.''---___...€Q'''ll_i..fL _ __ { CUDCEr r, _.:';. ":._1:~1!~_s;,n__~~' _€,::..!!- " 8y=-.- .__ ",._"",_-.-.L:qt~ ;:; . .~, to, fUt1C) .~._.,... ......_- ----...........-.. .....<IllV . :'. .'. ":-'.... IOi;/;'~/f r- -~......-... ............ ..-...-,.-.--.--.- 1560 ORANGE AVENUE. SUITE 700. WINTER PARK. FLORIDA 327Bg-55~EPHONE':ZI07"'1641~75 , ' j..lj\~' I U > "'" .) · .\.. '--' 1;-... , '" '- ,._ \ -J'....".-...;'~~ ... ""-<.l.\'~.L.:'lI'V. .... '-i ,~. ..)lI.,....t LIlY UI UlLlIA y Utll . . ACCOUNT CHAf)GED PO NO flEFERENCE . . . '50l6Q(j 441'.H6253660Q] 1.,920.71 9260 PI1S)l 10/14/92 5fJ6348 441516l5,366119 . 146.97 9282 PI153', 10/13/92- v' I J ." ::'./..., ':";, \.0 :~:'" - (,:::: g (",') i L.,'." t...': UJ i ::it: .-. oa: .::::~~ ~;::'E ~,- :~j~ Ct::l 'Lt,1 , 4..1~.. I .'::'11) :f:. ;o;1!; ;~!:. -:;.' "U .. t:::, """') ~~ M ""'- * ****2,'167.68 ,'- > 0\ ....11... "'IIt-,. 1.1..1 IJn ^,-H OEFORE DlPOSl1lNG Cllf,-K (3itlf (J5 No. 162344 63-858 BARNETT BANK Of PALM BEACH COUNTY DELRAY BEAe H 670 DELRAY BEACH. FLORIDA DELRAY BEACH, FLORIDA 11/13/92 ..***,*l,Q6'1.66 PAY FROM CLAIMS FUND DATE AMOUNT TW,O TtiQUSANO' NINE HUMORED SIXTY seVeN ANO 68/100 OO~lARS VENDOR NO. 605841 TO THE POST B\JCKl..~Y SCHUH e. JfRNIGAN ORDER OF WINTEfi P",RK PlAlA 1560 RANGE AveNU~ so Ill: "~OO . rn(IDrn=rnrn@(ID'ITDillrn~rn I WINTER,:PAjtK FL :;21139 . ., . . "It'll; 23.....0. . -:0'1.006 sa ~I: ....SOOOJ.OJr8J11 ---- 1--......---..' ui~rtl) ~ -:-:-D z '~~;j ~ ~ ~ z C!) --- z~ ~b~ UN 0 Z 00 o i50~o ~ ~o~~ 8~ i50V) CI) ~~ ~t) CI) .0 o~o ~o::> ~~ te ~Q ~~~~ ~~ .. ~ 0::> 0 ~~ ~CI)CI)<(~~ 0 Cl)l:Q 0 ~ ~ ~ U~~Q <(0 ~ ~ ~ ., ' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM ~ \P - MEETING OF JUNE 22. 1993 APPOINTMENT TO THE PARKING MANAGEMENT TEAM DATE: June 18, 1993 At the April 13th regular meeting, the City Commission ratified the appointments to the Parking Management Team as recommended by the Community Redevelopment Agency. Janet Onnen was appointed as the primary member representing the Expanded Central Business District; Armand Mouw as the alternate. Subsequently, it was discovered that Ms. Onnents business, Mizner Electric, was not located within the expanded CBD boundaries. The Community Redevelopment Agency is requesting that Ms. Onnen's appointment be invalidated and that Mr. Mouw be appointed to this position. Recommend Janet Onnen's appointment to the Parking Management Team as the representative of the Central Business District be invalidated and that the alternate, Armand Mouw, be appointed as the primary member to the Parking Management Team representing the Central Business District. ~YI?~ t.f -0 " ' . / . ..., - \ -.- ;' <",1.--"--"~. "- CD Community Redevelopment -a Agency Delray Beach f'; J.:.',-.... r- , ""', \.,"- June 1, 1993 - ~ ...: JUN J 1"- Mr. David Harden CITy ~ City Manager MANAGER'S City of Delray Beach t OFFICE. 100 NW 1st Ave. Delray Beach, FL 33444 Dear Mr. Harden: It has come to our attention that the CRA incorrectly nominated Janet Onnen with Mizner Electric to the Parking Management Team in the expanded CBD category. It has been determined that Mizner Electric is not located within the expande,d CBD boundaries. The City Commission confirmed this appointment which now needs to be changed. We are requesting that the alternate for this district, Armand Mouw, be appointed to the position, If you haVe any questions regarding this matter, please feel free to contact us. We apologize for any inconvenience this has created. As always, thank you for your assistance. '1 Sincerely, I .,~ ~ Christopher J. Brown Executive Director CJB:jj 207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 , , . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~ G( - MEETING OF JUNE 22, 1993 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY DATE: JUNE 17, 1993 Rosetta Rolle's term on the De1ray Beach Housing Authority will expire on July 14, 1993. Ms. Rolle was originally appointed to serve in July of 1985 to a term ending July 1989. On January 30, 1990, she was appointed to serve an additional term ending July 14, 1993. Ms. Rolle has expressed an interest in being appointed for a third term and has submitted an application for consideration (attached). Florida Statutes Chapter 421, Part I, "Housing Authorities", at Section 421.05, "Appointment, qualifications, and tenure of commissioners; hiring of employees", does not address the number of terms to which an individual may be appointed. However, Section 32.08(C) and (D) of the City's code provides: "No member shall be appointed for more than two (2) successive terms (original term, plus one additional term). A member who has been appointed to fill an unexpired term shall remain eligible to serve two full successive terms" and "Upon completion of the maximum allowable two full terms of membership as described in Section 32.08(C) above, no advisory board or committee member shall be eligible for reappointment to the same board or committee for a period of one (1) year." Per Statute, qualification for appointment is that no member of a housing authority may be an officer or employee of the City for which the authority is created. Further, at least one commissioner shall be a resident who is current in rent in a housing project or a person of low or very low income who resides within the housing authority's jurisdiction. A resident member was appointed in March of 1993 to fill an unexpired term. The term of office is for four (4) years. Hence, this appointment will be to a term ending July 14, 1997. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached wherein each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to Housing Authority appointees. For this appointment, the recommendation is to be made by Commissioner Randolph (Seat #4) for appointment by Mayor Lynch. LffJf1PJ JOhl1S017 '1--0 , ' . In addition to Ms. Rolle, the following individuals have submitted applications for consideration and were contacted to verify continued interest: Norma Bannoura Robin Bird Richard Brautigan Joseph Cadet Bonnie Cipriani David I. Cohen Thomas J. Duggan Nadine Hart (unable to verify continued interest) Robert Hutzler Lenard C. Johnson (currently on Kids & Cops) Richard LiCastri Rosalind Murray Jeanette Slavin Kelly P. Whalen Pursuant to Commission direction, a check for possible code violations and municipal liens has been conducted. Ms. Bannoura has approximately twenty (20) outstanding violations and Ms. Cipriani has three (3 ) outstanding violations (copies attached to applications). Recommend appointment of a member to the Delray Beach Housing Authority to a term ending July 14, 1997. , , ",_;-9 < ~( .) CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME Lenard Chris Johnson 14Gq North Manqonia Circle West Palm Beach,FI 33401 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) 4 0 N. ~.! . 4th Avenue Delray Beach, Florida 33444 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 833-6783 BUSINESS PHONE 276-5196 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Delray Beach Rousing Authority - LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS Masters in Biblical Studies, Bachelor in Philosophy LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Notary Public GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION r10unt Olive Baptist Church DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD It is my feeling that anyone who serves on boards such as this should possess love and concern for the needs of others. It has been a part of my profession and life style to show concern (over) PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ;f{~ ~~ c1- 7- t~ DATE S GNA: 4/90 , ' ;~..~- for others at all times. It is my feelings that one does not possess experience, s]: i 11 or knowledge in serving others. This comes with love and concern. " ' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM # qR - MEETING OF JUNE 22, 1993 APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: JUNE 17, 1993 The terms of Anne Bright and Michael Listick will expire on July 1, 1993. Both are eligible for and wish to be considered for reappointment. Their applications are attached. The term of appointment is for three ( 3) years, ending on July 1, 1996. Laws of Florida HB 1250, as referenced in the Land Development Regulations at Section 8.2.2(C) (3), states the following: "To qualify for appointment to the Authority, and to remain qualified for service on it, a prospective member or member already appointed shall reside in or have his principal place of business in the City, shall not be serving as a City officer or employee, and that at least three of the members shall be owners of realty within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer, or managing agent of an owner or of a lessee thereof so required to pay taxes thereon." Ms. Bright, Mr. Listick and Ms. Noe, three of the current members on the DDA, own both a business and real estate in the downtown area. In addition, the following individuals have submitted their applications for consideration and were contacted to verify their continued interest: Norma Bannoura Robert Brewer (business owner/lessee in the DDA) David I. Cohen Thaddeus Cohen (business owner/lessee in the DDA) Thomas J. Duggan (unable to verify continued interest) Bruce Gimmy (business owner/lessee in the DDA) Harriet Lerman Rosalind Murray Carol M. Stanley (business owner/real estate owner in DDA) (unable to verify continued interest) Horace Waldman Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. Ms. Bright has approximately twelve (12) violations and Ms. Bannoura has approximately twenty (20) violations (copies are attached to their applications). . , , Memo to City Commission Appointments to Downtown Development Authority June 17, 1993 - Page 2 Based upon the rotation system, the appointments will be made by Commissioner Ellingsworth (Seat #3) and Commissioner Randolph (Seat # 4) . Recommend appointment of two members to the Downtown Development Authority to a term ending July 1, 1996. ., ' . (Y-' 7'" q I CITY OF DELRAY BEACH '/ -' I BOARD MEMBER APPLICATION rYllc.4Q..~ l nJ, L.. \ s + I' C. 4' NAME g ~ Ll De } r~ 8~tL, ;:::: ~. J:J'Y~'1 HOME STREET ADDRESS, CITY, ZIP LEGAL RESIDENCE) t. , \0 /3", 4+' It..... ~,'~ J4 j/e ' D(? I r' PI. 'J t3 e. d... PIc, . 3:Jl/I'J PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP V" 11S +ei .'707- ),"7' - 7Y~ '1 HOME PHONE BUSINESS PHONE ON WHA T BOARDS ARE YOU INTERESTED IN SERVING Do'I.U.. +,..-, ~v. /" ~,.., "..-I 4.. -IJ. Vr; -6 . LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS VS -1ft: \Jv....J.)...., - \,)I'?I....... ,.[' 1I'1''1"if .T.1) , - 1/;,11'/-4 vv d..j.., ;,n v..,j". ,)e..hCJoJ III La~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. l))~.. " i Z: f3Q.... ~ ,,/1' .. Bay GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~""e) Af L..__ - t../S..JIv4-, j-"'tII/~ tf?J:1. SERVE ON - -f,1r PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~b.l4f',f ~ ~,,' / 9/ /,., I SIGNATURE DATE ., ' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM i \()Pt - MEETING OF JUNE 22. 1993 COMPREHENSIVE PLAN AMENDMENT 93-2 TRANSMITTAL HEARING DATE: June 18, 1993 This item is before you to authorize staff to forward Amendment 93-2 to the State Department of Community Affairs. This item was discussed at the May 25, 1993 regular meeting, at which time the Commission authorized initiation of Amendment 93-2 to the Cityl s Comprehensive Plan. The second amendment to the Comprehensive Plan generally focuses on land use amendments and specific items which require attention prior to the end of the year. Administrati ve and corrective items are addressed in this amendment as well. Significant items in Plan Amendment 93-2 include amending the Future Land Use Map (FLUM) designation for the Taheri Property from Medium Densi ty Residential to Transitional and a possible amendment to the FLUM for School Site "S". Other items include updates to the Infrastructure Master Plans, Annexation Element, Intergovernmental Coordination Element and Future Land Use Element. The Planning and Zoning Board at the June 14th special meeting recommended approval with a recommendation that the Plan Amendment 93-2 be forwarded without the inclusion of the Blood's Grove FLUM change. Subsequently, Planning staff has offered an alternative action which would allow submittal with an opportunity to make site adjustments later. A detailed staff report is attached as background material for this item. Recommend authorization to forward Amendment 93-2 to the City's Comprehensive Plan to the State Department of Community Affairs; with changes deemed appropriate. . .rnO'\)i~~ A-c:no-n~: L -r~nsmjrrFH...-) CD -n~heei FLLLrn <:: m~lu.m 'R~IOE.nnAL. -Iv -Jlf:lrn51170J<,)RL) PASSeD I.f-o @ 8looo's Peoocel, F. ( -\ ~ Pc#-2 e.i .:>E;::-t L..I.un /J)W Ofn:srtt.t 'R~5. ro C!cmm. P/K!.((...il/€S.J .... "4ImmEl>OSO R9IHnsr ~ l}Ao".s'60 ,I ~1:nnCJ Of'T7ons /1UfltL..fbS1...E:.. " ~po - Ih,E:enI111()€.. 10 t::Ef:p flu.... COmmIl5~)lon uoTtO "'-0 r ~ ,~- "+ 641:1 H- ReA:>e:r' TO TJCHnsml As Pf!.oPoSED ") wI A-ttEen~71V~ ~ /n @ 'I-h~(fl - SeE. sffi# ~~- , . C I T Y COM MIS S ION DOC U MEN TAT ION SUPPLEMENTAL INFORMATION TO: ROBERT A. BARCINSKI, ACTING CITY MANAGER ~j.ro~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 22, 1993 PLAN AMENDMENT 93-2, EXTRA-TERRITORIAL POWERS SUPPLEMENTAL INFORMATION: As a companion item to our proposed amendments regarding annexations, consistency of County and City FLUM designations, and the delegation of extra-jurisdictional powers from the County to the City, the County is processing a similar plan amendment. The County's Land Use Advisory Board (LUAB) acting as its Local Planning Agency (LPA) held its public hearing on Wednesday, June 16th. Ten individuals spoke in opposition (or non support) . Among LUAB members, there was considerable opposition to the concept of granting extra-territorial powers even though it was acknowledged that the (City) proposed program was consistent with and was implementing the Intergovernmental Coordination Element policies and directions of the County Comprehensive Plan. The Board recommended, on a 10-1 vote, to recommend denial of the County's proposed Plan Amendments dealing with this subject. The Board of County Commissioners will be holding its Transmittal Hearing on Monday, June 21st. Given the strong recommendation of the LUAB, I anticipate that the County Amendments will not be transmitted to DCA. If this occurs, it would be appropriate to modify our (City) amendment accordingly. The Director of Planning will provide substitute language, as appropriate, at the City Commission meeting. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will meet on Monday, June 21st. They will be informed of the Board of County Commissioners action (which will be taken earlier in the day). The Board will be asked for review, comment, and recommendation on substitute language which may be provided by the Director. Their recommendation will be provided at the City Commission's public hearing. DJK/T: CCEXTRA. doc , ' ~- C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERT A. BARCINSKI, ACTING CITY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 22, 1993 PUBLIC HEARING - TRANSMITTAL OF PLAN AMENDMENT 93-2 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of authorizinq transmittal of proposed Plan Amendment 93-2 to the Department of Community Affairs (DCA) for State review. This action is for transmittal only. It is not an action of approval. However, any item not transmitted can not be considered for approval at a later date (as a part of this Plan Amendment). BACKGROUND: Plan Amendment 93-2 was initiated by formal action of the City Commission on May 25, 1993. The initiation action identified six items for inclusion. They were: * CD FLUM Amendment for the Taheri Property, Medium Residential to Transitional *@ FLUM Amendment for a portion of the Bloods Property, Low Density Residential to Community Facilities 'S 'r@ Up-date of information pertaining to the Water Treatment D1~ i~ Plant O~{fi' * @ Changes to the Annexation Objective and Policies to (fi> l' accommodate a transfer of land use authority from the ~~l County to the City .\0 t.j,o G @ Modification to a Land Use Element Policy pertaining to alleyway beautification and use * GD Changes to the Intergovernmental Element to accommodate multi-jurisdictional review of plan amendments. Please refer to the Planning and Zoning Board staff report and support documents for background material and an analysis of each item. , ' City Commission Documentation Meeting of June 22, 1993 Public Hearing - Transmittal of Plan Amendment 93-2 Page 2 The next steps in the plan amendment process are as follows: 1. Authorizing transmittal following a public hearing (this action) 2. Distribution, review, and comment by DCA through the creation of the O.R.C. Report 3. Receipt of O.R.C. Report (approximately October 1st) and local review by the Planning and Zoning Board. 4. Consideration of adoption ordinances by the City Commission (tentative dates of October 26th for first reading; November 9th for second reading and adoption). PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a public hearing held on June 14th. Public testimonry was received only on the two proposed FLUM amendments. Re: Taheri Amendment: Sol Weinberger, representing the Del Aire Homeowners Association spoke in opposition citing the potential for non-residential encroachment further south along Military Trail. Carol Stanley, representing Bloods Grove, spoke relative to the location of a proposed municipal collector street. Re: Blood's Grove Amendment: Sol Weinberger spoke in support of the change. Eight residents of Foxe Chase spoke in opposition citing a range of concerns from land use incompatibility, to improper land use planning, to inappropriate fiscal determinations. Clemmer Mayhew, representing Blood's Grove, spoke in support. The Planning and Zoning Board forwarded proposed Plan Amendment 93-2 with a recommendation that it be forwarded without the inclusion of the Blood's Grove FLUM change. Board Member comments as to not including the Blood's Grove item was that the requested change was inappropriate in terms of future development of the entirety of the Blood's property, that a westerly location would be more appropriate, that the resulting land use options between the proposed school site and non-residential use to the west would not be what is desired, that the resulting park site is not of sufficient size to meet identified needs, and that the result of accommodating the proposal would not represent what is desired in terms of land use (as expressed through the existing FLUM). The Board, by separate action, provided a caveat to their action that the citing of an elementary school in the immediate area is appropriate and desirable, but that their action was directed at the specific siting proposal before them. , ' . City Commission Documentation Meeting of June 22, 1993 Public Hearing - Transmittal of Plan Amendment 93-2 Page 3 ALTERNATIVE COURSES OF ACTION: A. Forward proposed Plan Amendment 93-2 to DCA pursuant to the recommendation of the Planning and Zoning Board i,e. without inclusion of the Blood's Grove FLUM change. B. Forward proposed Plan Amendment 93-2 to DCA as it was presented to the Board via the Staff Report i.e. inclusive of the Blood's Grove FLUM change; AND, 1. Provide comment that the Blood's Grove FLUM change is included based upon a determination that it is an appropriate use of the property and is superior to other options which may be available; OR, /2. Provide comment that the Blood's Grove FLUM change is included in order to keep all siting options available, and that during the DCA review period, the Administration should continue to process the conditional use and sketch plan components of the overall land use petition in order to provide further information relative to land use compatibility concerns; OR, 3. Do not make a formal comment, NOTE: Alternative Action "A" should be taken if the City Commission determines that under no circumstances should there be further consideration of the Blood's site as a possible location for School Site "S". Alternative Action "B" should be taken if further consideration should be given to it. RECOMMENDED ACTION: By motion, Alternative Action B,2 which allows further consideration of the proposed Blood's Grove site for Elementary School "S" but also provides direction for further assessment of potential land use incompatibilities and further consideration of other potential sites. Attachment: * P&Z Staff Report & Documentation of June 14th * Separate document "Proposed Comprehensive Plan Amendment 93-2", as recommended by the Planning and Zoning Board. DJK/T:CC93-2A.doc , ' . , PLANNING AND ZONING BOARD DOCUMENTATION MEETING OF: June 14, 1993 AGENDA ITEM: IIA - RECOMMENDATION TO THE CITY COMMISSION REGARDING TRANSMITTAL OF PLAN AMENDMENT 93-2 ITEM BEFORE THE BOARD: The item before the Board is that of recommending to the City Commission those items that should be transmitted to the Florida Department of Community Affairs as part of Comprehensive Plan Amendment 93-2, BACKGROUND: City commission initiated Comprehensive Plan Amend~ent 93-2 on May 25, 1993. In the initiation motion, all of the Planning and Zoning Board's recommendations of May 17, 1993 were approved. Since initiation, there have been no changes to the list of items included in the Plan Amendment. At the Worksession of June 7, 1993, the Board heard ".-. presentations on each of the six items which comprise Plan ( Amendment 93-2. Input from those discussions are reflected in the Support Documents accompanying Plan Amendment 93-2, attached as part of this documentation, Action on this item will take place at a Public Hearing which was published June 3, 1993. The items regarding land use amendments were noticed to all property owners within 500 feet of the subject property. RECOMMENDED ACTION: By motion, recommend that the City Commission transmit to the Florida Department of Community Affairs, Proposed Comprehensive Plan Amendment 93-2, containing the material in the staff report and attachment. Attachment: Proposed Plan Amendment 93-2 Advertisement of Public Hearing Report Prepared by: John Walker Reviewed by David Kovacs on: June 11, 1993 Il.A. T:\advanced\PZ93-2.DOC , ' - ._~ - ~ NOTICE OF PUBLIC HEt\RJNG - CITY OF DELRAY BEACH i COMPREHENSIVE' PLAN AMENDMENT #93-2 , The Planning and Zoning Board of the City of Delray Beach, as local Planning Agency, will be considering Amendment 193-2 to the City's adopted Comprehensive Plan, Amendment 93-2 consists of amendments to the goals, objeetiYes and policies of individual elements based upon assessment of tasks accomplished, availability of resources, and new informa- tion, " also Includes changes to the Future Land Use Map,' .' The subject matter of TEXT AMENDMENTS address: 1, UjHfate of data pertaining to the Water Treatment Plant. 2. UjHfate and revisions to Objective 8-3 (Annexation) of the Land Use Element to coorcflnate with the County and accom- modate enactment of an intergovernmental agreement for a transfer of land use powers. 3. UjHfate of data and revisions to policies in the Intergovernmental Coordination Element to accommodate Multijurisdic- ..... tion Coordination In place of the Countywide Planning Council Program. ......;.. ~ 4. Other changes of a technical and clerical nature. The changes to the FUTURE LAND USE MAP involve: ...-~~ - 'a 35 f: acre ~arcel of land located on the east side of Military TraU, approximately 1350 feet south of Linton Boulevard as shown on t e map as location area #1, The Land Use Plan DesIgnation change is from Medium Density Residential (5-12 dulac) to Transitional, . . a 16 i; acre parcel of land, south of Germantown Road/Unton Boulevard, and south of the Fire Station as shown on the map as location area #2. The Land Use Plan Designation is from Medium Density Residential (5-12 dulac) to Community . Facilities in order to accommodate Elementary School "S" and a municipal park. ,. LINTON eNW. -' Ii - c It: 'Iii l- ........ "I ~ hi l!l .. fi I ....... . I :::::: i :::::::: H:::::::: ::::::: ::::::::::::i::: i::::::::::::::: I I"'.... .....' ...... .... I. ....,' I'. .... .... ".. ....... I" ....... I ::::::::::::::.... =i::::::: i:::: ............. 1 ............ I :::::::::::: iil::::::::: , :::::::::: i::.. .: i :i: i:::i:i: ,'.'.'. I, ............., ...... ,,, - , . '...'. ................... ... '.. ::::::::::: :::::: :::::::: ::::::: ::::: i::: i:!:!: i:::: :i: i:: :!:::: ......... ',' -'i:::!::::::::::: . ................ ................ . ........ .... 'I' ,... ................ ................ ct .:.:.:.:.:.:::.: _lID oe: .AUI _ CIllUII1't ............ ... , - ~ h :I ~ N - \, The Planning and Zoning Board will Conduct a Public Hearing ~rding the above proposed amendments. 'The Public Hearing will be held on Monday, June 14, 1993, at 7:00 P.M.. at ich time the Board will take pu~ testimony on any text amendment and on the Futu(6 Land Use Map Amendments ftsted herein. The meeting wi" be in the CIty Com- mission Chambers at City Hall, 100 N. W. .1st Avenue. Delray Beach.FL 33444 U~n completion of the Public Hearing, the Planning and Zoning Board wiH take the proposals under advisement and will orward recommendations to the City Commission. All Interested citizens are invited to attend the public hearing and comment upon the Plan Amendment or submit their comments in writi~ to the Planning Department. C08ies of the proposed amendments to the Com~ehenSive Plan are available at the De ray Beach Plannin~ and Zoning epartment, City Hall 100 N.W. 1st Avenue (P ne 243-7040), be- tween the hours of 8:00 A.M, and 5:00 .M. on weekdays (excluding holidays). PLEASE BE ADVISED THAT IF A PERSON~S~ECIOES TO 'APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD WITH RESPECT TO AN TIER CONSIDERED AT THIS MEETING OR HEARING, SUCH PER- SON&S) MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD IN- ClU ES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED, THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD. CITY OF DELRA Y BEACH, I ALISON MACGREGOR HARTY :, CITY CLERK ( PUBLISH: JUNE 3,1993 The News BocaJDelraylBoyntonJDeerfield Ad #402768 , . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS t~!j FROM: CITY MANAGER. I SUBJECT: AGENDA ITEM i l1L - MEETING OF MAY 25. 1993 INITIATION OF COMPREHENSIVE PLAN AMENDMENT 93-2 DATE: Ma y 2 1, 1993 This item is before you to authorize staff to initiate Comprehensive Plan Amendment 93-2. This is the second amendment for 1993. Generally, the first amendment of each year focuses upon updating the work program in the Comprehensive Plan; making adjustments to the Capital Improvement Program; status of various objectives and policies; corrections; and general housekeeping. The second amendment focuses on land use amendments and specific items which require attention prior to the end of the year. Administrative and corrective items are addressed in this amendment as well. Significant items in Plan Amendment 93-2 include amending the Future Land Use Map (FLUM) designation for the Taheri Property from Medium Density Residential to Transitional and a possible amendment to the FLUM for School Site "S". Other items include updates to the Infrastructure Master Plans, Annexation Element, Intergovernmental Coordination Element and Future Land Use Element. The Planning and Zoning Board at their May 17th meeting recommended approval of the initiation of Plan Amendment 93-2. A detailed staff report is attached as backup material for this item. Recommend staff be authorized to initiate Comprehensive Plan Amendment 93-2. , ' .. . . CITY COMMISSION DOCUMENTATION TO: ~_David T. Harden, City Manager ( \ j~~ J\ ... ,. FROM: David Kovacs, Director of Planning and Zoning SUBJECT: MEETING OF MAY 25, 1993 INITIATION OF COMPREHENSIVE PLAN AMENDMENT 93-2 ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of initiating Amendment 93-2 to the City's adopted Comprehensive Plan. Pursuant to LDR Section 9.2.1, "a Plan Amendment shall only be initiated by formal action of the City Commission." Thus, this item is before the Commission for formal action. BACKGROUND: The City is allowed to enact two amendments to its Comprehensive Plan each year, The first amendment (93-1) was transmitted to the State for review March 25, 1993, This second amendment (93-2), focuses on land use amendments, an update of data pertaining to the Water Treatment Plant, annexation policies, and multi-jurisdictional coordination of land use issues. The Planning and Zoning Board formally reviewed this item at its meeting of May 17, 1993 and recommended that the City Commission initiate Comprehensive Plan Amendment 93-2, containing the material stated in the attached staff report. RECOMMENDED ACTION: By motion, initiate Comprehensive Plan Amendment 93-2 pursuant to the recommendation of the Planning and Zoning Board, Attachment: * P&Z staff report of May 17, 1993. T:\advanced\INIT93-2,DOC . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT _. MEETING OF: May 17, 1993 AGENDA ITEM: V,S, RECOMMENDATION TO THE CITY COMMISSION REGARDING THE INITIATION OF PLAN AMENDMENT 93-2 ITEM BEFORE THE BOARD: The item before the Board is that of recommending to the City Commission those items which should be considered in Comprehensive Plan Amendment 93-2. Pursuant to LDR Section 9,2.1, amendments to the Plan must be formally initiated by the City Commission. BACKGROUND: The City is allowed to enact two amendments to its Comprehensive Plan each year. Our first amendment (93-1) was transmitted to the State for review on March 25, 1993. The second amendment (93-2), focuses on land use issues and specific items which need attention prior to the end of the year. In preparing the second amendment, some administrative and corrective items are also addressed. The items proposed for consideration in Plan Amendment 93-2 include: Future Land Use Map: 1- Taheri Property: 35 acres from Medium Residential (12 du/ac) to Transitional (POC/POD/RM/NC potentials) 2 . School Site "S" (Blood's Grove Site) : 15+ acres associated with school and park siting adjacent to Fox Chase. (Still a tentative FLUM amendment) Infrastructure Master Plans: 1- Up-date of data pertaining to the Water Treatment Plant. Specific Elements: 1- Up-date and revise Objective B-3 (Annexation) of the Land Use Element to coordinate with the County and accommodate enactment of an intergovernmental agreement for a transfer of land use powers, -~B. . P&Z Staff Report V.B. Recommendation to the City Commission Regarding the Initiation of Plan Amendment 93-2 Page 2 2. Up-date data & Policies in the Intergovernmental Coordination Element to accommodate ~ulti-jurisdiction Coordination in place of the Countywide Planning Council program. 3. Revise Policy C-4.7 of the Future Land Use Element (Beautification and Use of Downtown Alleys) to transfer responsibility for implementation to the CRA, Items previously discussed but not included for consideration as part of the Plan Amendment: A. Up-dated population estimates and projections. B. Up-dated analysis required by new population figures. C. Up-date schools data & analysis in Capital Improvement Element. D. Up-date and revise Objectives and Policies in Goal Area "D", Public School System, in the Land Use Element. E. Up-date of data, CIP, and policies dealing with Water Supply (Water Supply Master Plan). F. Up-date of data, CIP, and policies dealing with Sewage Collection System (Master Sewer Plan). G. Master Water Distribution Plan. a. Master Storm Water Drainage Plan. I. Up-date of data & analysis, and changes to policies associated with wastewater reuse. - J. Expansion of Commerce Land Use Designation in vicinity of the Series 20 Wellfield. K. Corrective FLUM designations (four locations, minor items). These are proposed to be handled as "small scale" amendments later this year. L. Changes to FLUM and/or text to accommodate expanded utilization of golf course clubhouse facilities, SCHEDULE FOR REVIEW: May 25, 1993 Initiation by the City Commission June 17, 1993 P&Z Board Worksession as necessary . P&Z Staff Report V.B. Recommendation to the City Commission Regarding the Initiation of Plan Amendment 93-2 Page 3 -- June 14, 1993 P&Z Board Public Hearing June 22, 1993 city Commission Transmittal Public Hearing RECOMMENDED ACTION: By motion, recommend that the City Commission initiate Comprehensive Plan Amendment 93-2, containing the material stated in this staff report. Report prepared by: John Walker H I{/~J!- // ../ . Reviewed by David Kovacs on: >/"4/-]" . . T: \ADVANCEO\PZAMEN01. DOC - AMENDMENTS TO THE FUTURE LAND USE ELEMENT TO ACCOMMODATE UP-DATING OF PLANNING AND SERVICE AREA AND ANNEXATION ACTIVITIES. GOAL AREA "B" THE REMAINING GROWTH OF THE COMMUNITY SHALL OCCUR IN A MANNER WHERE NEW DEVELOPMENT WILL BE SERVICEABLE AND IT WILL NOT IMPEDE THE COMMUNITY'S ABILITY TO ACCOMMODATE FUTURE GROWTH OR DETRACT FROM ITS CURRENT QUALITY OF LIFE, Objective B-3: The City of Delray Beach shall provide facilitiesl a lit lZSpplZS~e<d. tlZS and limited services for that area within its planning boundaries which is not yet annexed~ ~~t The City shall annex such properties in a quick and orderly manner. This objective shall be accomplished pursuant to the following policies: Policy B-3.1 Services shall be provided to unincorporated areas upon annexation and they shall be at a level which exists for land uses elsewhere in the City under the same, or similar, conditions. However, an individual service (e,g fire protection, code enforcement) may be provided to another jurisdiction throuqh an interlocal aqreement. Policy B-3.2 Water and sewer tfacilities shall be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case annexation shall precede the provision of services. Policy B-3.3a The city has petitioned Palm Beach County to make changes to its Future Land Use Map (FLUM) in order for there to be conSistency between City and County FLUM desiqnations wi thin the Delray Beach Planning and Service Area. flZSt elltta)sll~)ia\ent lZSf an lntet@tlZStetria\ental atteea\ent t)itlZS~;)i w)ilt)i t)ie fllttll1t t~t~te tarid \1~e Map wllZ )Se t)ie lZSffltlal lari<d. ~lIte a\ap flZSt tfrilritlZStplZState<d. lari<d. wlt)ilri t)ie fllttl~ Planriln; an<d. Setilte Xteat .1ZSlttt S~3t3~J \1plZSri etet~tlllSri lZSf 8~t)i ari a;teea\eritl t)ie fllZS~ntt ~)iaIZ ameri<d. ltllt tllSritrit tllS<d.e tllS ptllStl<d.e fllSt pte/applltatllZSri teflew an<d. tlZSa\R\erit )Sf t)ie flltf IlSt flllStlrltf <d.efellZSpmerit aplltatllZSn~I XI~1lS1 ~plZSri etettlttlZSrl IlSt ~~t)i ari a;ieemeritl pilZSpeitt mat arlnet tllS t)ie flltt ari<d. <d.eiellZSpmerit rJtat pilZStee<d. wlt)ilZS~t t)ie netessltt IlSt anrJtenGla\ent tllS t)ie fllttls fllZSrJtpie)ienslfe Plan pillSil<d.eGl t)iat t)ie <d.eielllSprJtent lllt <d.eeme<d. tlZSrislsterit wlt)i ltl Once consistency is achieved, the City shall petition for an interlocal aqreement wherein , ' provisions shall be made that the City's FLUM designation shall be in effect immediately upon annexation of a specific parcel, Policy B-3.3b For purposes of implementing Policy B-3.3a, the Future Land Use Map designations as initially contained on the City's Future Land Use Map upon adoption in November, 1989, (and as formally amended subsequently) are hereb deemed to be th~F ture~_Land-..Use~,)la ...,.des! nation for the territory ~~f:~t-1~o;~rC)vl~i~ns_;;oLlt'.h"'nterlocall ~~:~;~..~e~~l Policy B-3,4 The City shall during 11 gZ/g3 the period of FY 93/94 through FY 94/95, It ri0t ~00rietl through its Department of Planning and Zoning, shall undertake IR'tpleR'tent the following program for the annexation of remaining eligible properties: . preparation of an "urban services annexation report" as required by Annexation Statutes for each of the nIne remaining designated annexation areas: * IrAeritItItatI0ri 0t eatH pattel \fHItH I~ 0~ll~aterA to annetatI0ri tHt0~~H a \fatet ~et'/Ite (arinetatl0ril a~teeR\eritl * t0ntatt \fItH eatH 0\friet 0t 0tHet pattel~ \fItHIri tHe annetatI0ri ate a to ~ee It tHe; \fllZ '/0Z>4ritatIZ; pattItIpate In tHe pt0p0~erA arinetatI0nl . working in concert with the Palm Beach County Planning Department address the annexation of improved property which lacks adequate sewer, water, street, and/or drainage facilities pursuant to the Palm Beach County Annexation Incentive Program; . proceed with annexation, pursuant to Florida Statutes for voluntary annexations and for the inVOluntary annexation of qualifying enclaves; . accommodate individual voluntary annexations tHeteattet as the opportunities; arise~. The designated annexation areas are: 11 North Federal Highway '2 Southeast of Linton and Military Trail 13 Southwest of Linton and Military Trail 14 East of Military Trail, north and south of Atlantic Avenue 15 West of Military Trail, north and south of Atlantic Avenue (less Country Club Acres and High Point of Delray West) 16 East of Military Trail, north of Lake Ida Road 17 High Point of Delray West, west of Military Trail 18 Country Club Acres, west of Military Trail 19 The Hardrives holdings off Congress Avenue - 2 - I' Policy B-3.5 The City of Delray Beach hereby supports legislation at the State level which allows for unilateral annexation, by municipalities, in designated urban areas. AMENDMENTS TO THE INTERLOCAL GOVERNMENTAL COORDINATION ELEMENT TO ACCOMMODATE EXTRA-TERRITORIAL LAND USE POWERS, ANALYSIS AND RECOMMENDATIONS SECTION: Page 111-1-12 . Palm Beach County -- County legislation pertaining to City review of County land use applications in enclave areas is not needed post September 1, 1989. Those regulations however should be modified to replace the designation of enclave areas with the designation of the City of Delray Beach Planning Area -- the system used for the enclaves worked exceedingly well with the City and County Planning Departments exchanging information freely. --- ~j~ . '~~ Page 111-1-16 . Palm Beach County . intergovernmental agreement establishing the City's Planning Area and joint land use review program -- via an interlocal agreement and t)ieri amendment to the County Z0rilri~ e0~e Land Development Requlations in the same manner that a similar action occurred with respect to former enclave areas. DJK/T:P2KEH.doc - 3 - " ' . . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # U2f) - MEETING OF JUNE 22. 1993 REOUEST FOR WAIVER OF THE SIGN CODE DATE: June 18, 1993 This item is before you to consider a request for waiver of Land Development Regulation Section 4.6.7 (D)(3)(n)(i) to allow an increase to 19.8 square feet per sign face for the Chevron Station located at 1909 West Atlantic Avenue. Section 4.6.7 (D)(3)(n)(i) provides that signs that advertise the price of gasoline may not be more than 12 square feet per sign face. The applicant for the Chevron Station is requesting a waiver to allow a 19.8 square foot price sign. The proposal is to erect two (2) double faced, illuminated monument signs, one at the corner of West Atlantic and Congress Avenues and one on West Atlantic Avenue. The Site Plan Review and Appearance Board at their June 2nd meeting recommended approval of the sign size and supported the waiver request. Recommend approval of the request for waiver of Land Development Regulation Section 4.6.7 (D)(3)(n)(i) to allow an increase to 19.8 square feet per sign face for the Chevron Station located at 1909 W. Atlantic Avenues. c,ne~() wi .sP~81.s 'R~omm~OAnoi) ~ Q..omE.5 wi no 'RSA&:>o"fl<j q... 16 R-e81TeA-~ Ilt\Q ~'C.icu.S. WhA-T is SA-SIrS I RIJ-non~ ~ ~ WFt i cS~ f-t 'Recomm~os ~t'f},-, 8ECAUSe, ()CJ h~eI).sl1;p c.An Bt.. iOCl1T1'::::tW, mO'1lO{) 10 'RcemA-oD Tb .sPeAS Foe. R~l1on~ . I.F Oeoll)~Oc.e.. c.Hqo&~ APPfi?Op~i'A-TE... m~ 'R~ c.", oJ . '\ .I m~ IOPff1~,,-, . E./ R J J +0 I / Litl pE.el'n di SSE/) n 1)9 ) ~ ~ LL W6<.d.dL~ s-a tcXt:h C4u'd-:V~ ~ Ir ~ ~, (/ "'-~F'7' , . . . . . Agenda I tem No.: . AGENDA REQUEST Date: 6/18/93 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 6/22/93 Description of agenda item (who, what, where how much): Waiver Request to Section 4.6.7.(D)(3)Cn)(i) of the Sign Code Chevron Gas Station ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Apprpoval Department Head Signature: ~~~~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT U1J RE: REQUEST FOR WAIVER TO SECTION 4.6.7(D) (3) (n) (i) OF THE SIGN CODE - CHEVRON GAS STATION DATE: JUNE 18, 1993 ITEM BEFORE THE COMMISSION: - - Public Hearing on proposed waiver to the City Land Development Requlations Section 4.6.7(D)(3) (n) (i) governing signs displaying gasoline prices. The applicant is Chevron Gas Station, located at 1909 W. Atlantic Avenue. BACKGROUND: Section 4.6.7(D) (3) (n) (i) provides that signs may advertise the price of gasoline subject to the sign being not more that 12 sq ft per sign face. The applicant for the Chevron Station is requesting a waiver to this code requirement to allow a 19.8 square feet price sign to be erected. His request was considered by the Site Plan Review and Approval Board (SPRAB) on June 2, 1993 at a regular meeting. The Board unanimously approved the sign size and supported the waiver request. The business will have two (2) double faced, illuminated monument signs, one at the corner of W. Atlantic Avenue and Congress Ave (50 sq. ft, 8.2' high, 30 ft. setback) and one on W. Atlantic Avenue (40 sq. ft. , 7' high, 10 ft setback). RECOMMENDATION: SPRAB is recommending City Commission approval of the waiver request to applicable section of the LDR's governing Signs as requested by the Chevron Gasoline Station. B:Chev.Wai/LCB 1 , ' . MINUTES: Site ,,,,.m Review and Appearance Board Qj!ting \ June 2. 1993 Page 4 E. Chevron 1909 West Atlantic Avenue Delray Signs 2 Free Standing Signs Represented by Mark Paulus. A 12 square foot sign is allowed; however. the applicant is proposing a larger sign. The members were asked for a response. Hrs. Oster would prefer a smaller sign. The , members. felt the proposal was nicely done and would support a recommendation to exceed the code by 7 square feet. Hr. Sowards moved that the board recommend the price sign for Chevron be 19.4 square feet as presented as a waiver to the code. Seconded by Hr. LaSalle with the vote as follows: Rick Mouw Yes Debora Oster Yes Rett Talbot Yes Gene Fisher Yes Jess Sowards Yes Tom LaSalle Yes . Mark Marsh Yes Mrs. Oster stepped down. F. Builders Square 1400 Water ford Place Sign Craft Sign Package Represented by Sumner Gauntly. The members were polled for a response. Mr, Talbot felt the sign needed to be smaller. Hr, Sowards felt the entrance sign should be smaller and Mr. Fisher agreed. Mr. Marsh recommended the cabinet size be reduced. After discussion. Mr. Fisher moved to approve the sign package as presented with the amendment that the sign at the Waterford location be 41 by 41 with a 31 base monument style with 71 overall in height. Seconded by Mr. LaSalle with the vote as follows: Jess Sowards Yes Gene Fisher Yes . Rett Talbot Yes Tom LaSalle Yes Rick Mouw Yes Mark Marsh Yes (Mrs. Oster returned and stepped back up). '. IV. DISCUSSION ITEMS A. Club Delray - Concept Plan Review Mrs. Meeks distributed a letter from Helen Coopersmith. dated June 2. 1993 regarding the project. (A copy is on file at the City Clerk1s I' ~' B '" r--- _o____ ---- - '" - ---- -- - _.~ ! r. .~,- , I , --,-- '-- - - --l 1 ::)- (" [J ~.'i '~l \' /7 : ~l (01 i-i ~I: _ IRestroomJ -.-. 'R~S TPO;;M" DE C AL ,.; c. "; S r) , 't' -~ 'J,[' ~ .l____ _'--_., _-' j '__.J '_ l _j' 'J LJ ',-, , l " [-----UL--'l f --r-- -- ,. - -~- ~CarWash ~ - 'CADVASH' DF:CAL tL24hrs. ........- ";:..: I ~ ", ( : :' "0 ., r, I od . - ~- _. - .~ ~ -. . .-..... - ~ .......... - ~ ..--..- ~.- - - ~. '~o ..' ~- ..... , . 4';-- '_4H 4'-2H 4'_2H ~i :, J~~~~/:~~, l:9'~2~o FT 1 "of t .~. f'~ ,., .~. , .. ,o " ~~'It?@(ffi CtoII " ~.~ ~ W 5.w~ ------- f . . - 841 -<t (X) =: f-'. .......... I ~- > ---89' ~j N~/S - >') . . -<t N ,:-' = . ~,' co , ; t . I ~ .... ,d0313 N 'IS) -.- -- - :=. 1.04& . f I ~ M3/^3ij NYld - OJ r C- Auto S.n!o. . M3/^3ij NDIS - 6,9 SQ, FT, ,- ~ . ~ij;iv -t .......... l! ~ I ~, ~ ~t ~ ,,:~ - -- PLAN REVI ~'~~~ · z co - 2x4 JUNCTION 5~it-- E~ ';."', ~ :::e , ~BOX " ELECTRICAL..CONDUIT - - -. .~~~...--.".-..- -' ' 2. SIGN REVIE\ .~ - fROM SALES.oSlo(;, . - .-. ._- -- .?" ,~ ...-~_.-~ C-45 MONUMENT SIGN W/LPS ,& 1 APC - ~ ~ 48,50 TOTAL SO, rT. 1/4" = 1'-0" - '----_._~~._-, -,- o,- 6 " --- -- _.~~~- 3::J'-3" .. l'\l ...... - 'RESTROOM' - fro om DECAL (62~ SF,) - , I - 5'-10' "-10' 'a" r:Wasl1. 'C"'''ASH' OCCAl ~ I1)Ahfrs - '2Hhr; " , (13.50 sr.) ~ ""j I I. (900., , I 4'-2" 4'-2" -:t 1 1/2" 1 1/2" ... *' OJ ... 19.4 SO. FT. 19.. SO. FT. .' '1 [' - - . .. - - . ~ ,,---!_1 d .....,...... WMlJI"" i I - ..- i t .:J::;::t : ; I ~ <<> TX!.. ~: ,-- 8411 ? {s~J II :i= 891: ~ ~ ....~ I "- i lLIClI. 1.0411 ~ \ \ .. ~ ~ T L - . ., :-..J 1.,)", ~""~ .-- ~-:::. : i ') tQ. rT,., ~ ~~~l -~"r"-~"'-"::"'.'".''' .~~..-._-- ...'!' ---l-.....r.........,'''' "'r" ...).'- ~fd:i;~~~U~fi::~~~.~~~~I~T~:FI.+~~ = . .- r:, ,_.r-...l"....,..._::I J" t..... .... 't .. ..... f- .... ~ '1-" ~ .;... .. .- .-- ,-'" .......- , ". ". ~...., -" . ..... ' . _.; '-' -' ~ ~ 2x. JUNCTION ' .: . "':2 _ " BOX "- ELECTRICAl CONDUIT FROM SAlES BlDG. ~'.45 ,MONUMENT SIGN W LPS & 1 APe '. 1/4" = 1'-0" . ~ " ,:.' :-.' ".". -f: - . I .;"' '" ," . " . . '~""'~::' . ",. . ',,_, ,,<~;~;~t_~,..~4l'or<'i' ...~~..,.. . ,',,". "-'~ ,~"..;tr,' .. .,',' . . -.....~~{ ~.~J":~~.,.,~~\'''''' ,', ~ I . : :"";~:.:::r:_~;~~d~~.Pt..:~:,: f ....'r.... "'. ,'.'. ':'; ..','~-:.r,... ,.' ." .... - : . . - ,- CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING REQUEST FOR WAIVER OF CITY ORDINANCE Pursuant to Section 30.15(A), "Waivers of City Ordinances", NOTICE IS HEREBY GIVEN that a request has been received from MDM Engineering, as representative for the Chevron Station located at 1909 West Atlantic Avenue, Delray Beach, Florida, for a waiver to the provisions of Section 4.6.7, "Signs", Subsection 4.6.7(D) (3) (n), "Gasoline Prices", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida. The City Commission will consider waiving the applicability of Section 4.6.7(D) (3) (n) to allow an increase from 12 square feet to 19.8 square feet per sign face to advertise the price of gasoline at the facility. A PUBLIC HEARING on the aforementioned waiver of the City's Code of Ordinances will be held on Tuesday, June 22, 1993, at 7:00 p.m., in the City Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. Please be advised that if a person or persons 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 nor prepare such record. Pursuant to F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH June 11, 1993 Alison MacGregor Harty City Clerk , ' . . 06/07/93 08:51 ""813 6H 3794 B&M CO~STRl'CTIO~ @002OlW2 " . - - : . . . , -, - . , . - IR!tl ~ IR!tl - k. ~ .. .- j .' '~HGrNEER'NQ 00 , ~ 00 - ; . , " - , . ' - . ' June,. 7 I 1.993 - . . . . ,. , . . oO' . .. - '-~ . - ". . . . City _of DelrayBeacb , -. Ks. Joyce Desoi:mea.u - 1..0.0 ,~. W . 1st A:venue, . . .'. . DeIraY Beach, .Florida 33444 . , , RE: siqiJ. Waiver Requ~st - -- . - 9hevron $S #2.02682 . . . "' 19,09 'W'. Atlantic' Avenue . - , ,_oeli:-ay, BEiacli, Florida , - - , - MOM, Job #3Bl1.5 '.. , '. , - '. . .. - , - - : - 'To ~om'It'MaY Concern: .. , , . , . - '. - .' We are- reqUesting that the' twO (2)- :tD/Price Siqns locatt!d, at this ,.site.,..j:)eallowed a waiver to :insta.1.l. a ,19.8 square ~oot .price for . ','each~. siqn.' : The, co<1e..oal1s for 'price signs to be no . larger than-.J.2- ~~are .t"eet. 'Due to the high vol.,ume of traffic at this location, , ~ it would be in the' public's best: interest, to bave an easily read price sign. Twelve (12) square f~et' is a very small sign, and could - ..', . cause lJlotorist' a problem trying, ~o understand the price and ~en attempting -:to enter the station. ; , -'. , -. \ .. - , - ,..-" . , . - _, The proposGd sign is under the to~l square footage "allowed for the "site~ It has the appe~a:nCe .o'f.- equal and well proportioned signs for. this_. ~i~e. - - . . .- . .. - - 0 - ' "P~ease .~ontact ,this,' office' if \ .. . . you. ha.ve. any' questions or' need . 0 add,i:t.ional tnfo~~ion. ' , : . . . - - . ... '- . - - . 'SinoereOiy, ..... .. "' , . . - , _- MOM "ENGllU$RING. . - - : .. ..:----U\~~. -. " _. , . ,- .. .' ..::-~, ,I.i , . ". . . ' .... ... . . _ .' , '~k Paules . . - . .,. .'.' Q'irector ~f Parmi't;'t1ng - ... .... .... ' , .- .- -".JMP,~ nqf:l' .. . - ,. .-. .... " - - '. ...- . ' - - - , - , - o' - . . - - - ,- , a. .. . . . . - . - ... - - - . ..... . - , ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM i JOe.. - MEETING OF JUNE 22. 1993 ORDINANCE NO. 40-93 DATE: June 18, 1993 This is second reading of an ordinance amending Subsection 4.4.6 (H)(l) 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. 42-93 which rezones property from POC to RM-8 (Medium Density Residential - Eight ( 8 ) units per acre). At the June 8th regular meeting, Ordinance No. 40-93 passed on first reading with a 5-0 vote. The Planning and Zoning Board will review this item at their June 21st meeting. Staff will give a verbal report at Tuesday evening's meeting. Recommend approval of Ordinance No. 40-93 on second and final reading. Pcl--2 ()~ 5-a ~ C~ ~ at;;- I { Rl11700ifH IJ/SSEn77/lg:' ) , C I T Y COM MIS S ION DOC U MEN TAT ION TO: _ ROBERT A. BARCINSKI, ACTING CITY MANAGER ~eu.-l.. \ ' -' <- (~ 'C'v:- :. FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 22, 1993 LDR AMENDMENT, SUFFIX TO RM ZONE DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on second reading of an ordinance which allows the affixing of a "density suffix" in the RM Zone District. BACKGROUND: Please refer to the documentation for first reading as to the origins of this proposed amendment. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally review this item at its meeting of Monday, June 21st. The Board's recommendation will be presented at the City Commission hearing. A debate format will be used at the meeting for the purpose of advocating the pros and cons associated with the use of a "density suffix". Attached to this City Commission documentation is a copy of the Planning and Zoning Board's background material. RECOMMENDED ACTION: Pending review and recommendation by the Planning and Zoning Board, Attachment: * P&Z Staff Report & Documentation of June 21st DJK/T:CCRM-S.doc , PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT ~ FOR L.O.R. AMENDMENTS MEETING DATE: June 21, 1993 AGENDA ITEM: 1I1.0. SUBJECT: DENSITY SUFFIX LOR REFERENCE: 4.4.6(H)(1) I T E M B E FOR E THE BOA R 0 The item before the Board is that of making a recommendation to the City Commission on a proposed modification to the City's Land Development Regulations (LORs) . Pursuant to LOR Section 1.1.6, no amendment may be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed amendment with respect to its relationship to the adopted Comprehensive Plan of the City, B A C K G R 0 UNO With consideration of a recent rezoning petition (Club Delray, POC to RM), the City Commission directed that the possibility of limiting density be explored. Subsequently, proposed Ordinance 140-93 was prepared and acted upon at first reading. Public hearing and second reading is scheduled before the City Commission on Tuesday, June 22nd. If adopted, the ability to limit density within the RM zone district will be applied in the case of the Club Delray petition i.e. the zoning will be RM-B. Proposed Ordinance '40-93 is now before the Planning and Zoning Board for review and recommendation. PRO P 0 SED AMENDMENT The proposed amendment allows the placement of a numerical suffix along with the RM zone designation in order to limit the density of residential development on a specific parcel of land. Also, the amendment corrects an error in Section 4.4.6(H)(1) which makes an inappropriate reference to the "Local Planning Agency" . . P&Z Staff Report Density Suffix - 4.4.6(H)(1) Page 2 The proposed text amendment is as follows: ( 1) A minimum density of six units per acre is established for duplex and multiple family housing projects within this District. Density may exceed the base of six (6 ) units per acre only upon a determination by the E0tal PlaJlJlIJli AieJltt body taking final action on the development application that the resulting development is harmonious with adjacent 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 i,e. 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, If there is no density suffix, then the maximum density shall be as allowed by the Future Land Use Map. A N A L Y S I S Please refer to the two attached documents which set forth an argument for and an argument against enactment of the proposed amendment. This item will be presented to the Board in a "debate" format. The Director will present the "pro" argument and Planner Paul Dorling will present the "con" argument. Each presenter will be allocated three (3) minutes. Following the public hearing testimony and Board member comments, each will be allowed a one (1) minute rebuttal or summation. A L T ERN A T I V E ACT ION S 1. Recommend denial in that the modification: a) is not consistent with the Comprehensive Plan, specifically with regard to . . . . . . and/or b) is not necessary, nor appropriate in that ........ 2. Recommend approval based upon a finding that the proposed modification: a) is not inconsistent with the Comprehensive Plan or, b) is consistent with and furthers the Comprehensive Plan by...... 3. Continue with direction - this option is not available as second reading is scheduled for June 22nd before the City Commission. , , P&Z Staff Report Density Suffix - 4.4,6(H)(1) Page 3 R E COM MEN D E D ACT ION By Motion: * Board discretion. Attachments: * Proposed Ordinance #40-93 * Argument FOR by David Kovacs, Director * Argument AGAI bX Paul Dorling, Land Use Planner Report prepared "- kuCc~ Date 6-17-93 DJK/PZSUFFZX.DOC . rei) v ~#" ~nG' / # '\flY f}-' 1 rl _ 0(1 vl 11 \'\- Or..; liJ\~ O~_^f1o(1 'f,LPp(11 . P JI ~ ~ RV {]V> ~o (1 ) ~t.O f~<J'?\ ~ ~l\~ \~ ~yv ~ ORDINANCE NO. 40-93 AN ORDINANC THE CITY COMMISSION OF THE CITY OF DELRAY BE FLORIDA, AMENDING SUBSECTION 4.4.6(H) (1) OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE LIMITATION OF DENSITY WITHIN TH MEDIUM DENSITY RESIDENTIAL (RM) ZONE DISTRICT;~ 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 acre to 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 ~ousing 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 which may be 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-l 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 OF THE 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 Delray Beach, Florida, be, and the same is hereby amended to read as follows: (1) A minimum density of six units per acre is established for duplex and multiple family housing projects within this District. Density may exceed b~ the base of six (6) units per acre onl~ .~ determination by the Local rlaRnin~ A~~n~y that the t resulting development is harmonious with adjacent ~ . ~ 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 (i.e. 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 . 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 0 f , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 40-93 ., ' -, PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: (J~ING AND ZONING BOARD cv: LJ ~CGAL FROM: 0 10 J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: FOR MEETING OF JUNE 21, 1993 SUBJECT: ARGUMENT FOR A DENSITY SUFFIX IN THE RM ZONE DISTRICT BAS I S The use of a density suffix tq limit intensity of use on residential property is-a -validhregulatory tool. In fact, this tool is currently used in the Delray Beach LDRs in the PRD Zone District, reference Section 4.4.7(H)(I). BEN E FIT S Furtherinq the Comprehensive Plan - Mitigation: Land Use Objective A-I 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. As a part of findings which are to be made when approving a development application is that there is sufficient regulation available to properly mitigate adverse impacts. In specific circumstances it may be appropriate, at the time of zoning or rezoning, to establish a maximum density in order to insure the protection of environmentally sensitive areas and still have a development which is in character with the area. For example, a ten acre parcel with a four acre environmentally sensitive area would be allowed 120 units under the RM designation. This yields a net density of 20 du/ac - a density out of character with all but the non-conforming development found in Delray Beach. A density suffix of 7 (i,e. RM-7) would allow 70 units which would have a net density of 12 du/ac which is consistent with other multiple family housing developments. Furthering the Comprehensive Plan - Ensurinq Concurrency: Another application of the density suffix is found with respect to concurrency albeit traffic, sewer system capacity, or other level-of-service determinants. If there is a concurrency limitation which allows only partial development, then that limit can be affixed by the density suffix. Thus, a development . P&Z Department Memorandum Argument for a Density Suffix in the RM Zone District Page 2 can be built-out or phased. If phased, and the concurrency restriction later is corrected, an additional phase can be accommodated. In this manner, the issue of control of timing of a project can be readily accommodated at the zoning/rezoning stage, Furtherinq the the Comprehensive Plan - Assurinq Consistency: Housing Element Policy C-2.4 calls for development of vacant land to be planned in a manner consistent with adjacent development. Where existing development is at an intensity of 7 dulac, a zoning/rezoning to RM will undoubtedly lead to initial development proposals with an intensity of 12 du/ac. While a lesser density may ultimately be achieved, the process is difficult on both the applicant and the staff but it also creates undue anxiety and conflict in the public arena. Use of the density suffix at the time of zoning/rezoning will provide a flexible tOOlt~mplement this Policy of the Housing Element. Furtherinq the the Comprehensive Plan ...., Assurinq Diversity in Housing Types: Objective C-2 of the Housing Element calls for the City to provide'a variety of housing types. The density of housing developments directly establishes a type e,g. townhomes, garden/patio homes, rental multiple family. If a parti-cular location (area of the community) becomes homogeneous with respect to housing types, the density suffix provides a tool to direct future development toward meeting the desire for diversity. COR R E C T I V E ACT ION Initial Oversight: Use of the suffix provides flexibility within a zoninq code without the creation of many zoning districts. At one time, the Delray Beach Code contained the following zone districts: * RL (3-6 du/ac) * RM-6 * RM (7-10 du/ac) * RM-10 * RH (11-15 du/ac) * RM-15 * PRD-4 * PRD-7 * PRD-10 The current code accommodates: * RL * RM * PRD, with density suffix provision. The same flexibility and simplicity which was provided for in the PRD Districts should have been accommodated in the RM Zone Districts. , P&Z Department Memorandum Argument for a Density Suffix in the RM Zone District Page 3 ASS E SSM E N T There is sufficient basis upon which to enact the proposed LOR Amendment, The proposed amendment clearly furthers objectives and policies of the Comprehensive Plan. Indeed, the proposal provides a flexibility which is far superior to the alternative of creating specialized zone districts in order to achieve the same desired results. DJK/SFXFOR.DOC .--.-.,.- PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: PLANNING AND ZONING BOARD FROM: ~RL~ER II DATE: FOR MEETING OF JUNE 21, 1993 SUBJECT: ARGUMENT AGAINST A DENSITY SUFFIX IN THE RM ZONE DISTRICT I T E M B E FOR E THE BOA R D: A staff position paper in opposition to the enactment of an ordinance which provides for the' limitation of density within the Medium Density Residential (RM) Zone District by allowing the placement of numerical suffixes on specific properties. B A C X G R 0 U N D: During City Commission consideration of a recent rezoning petition, residents raised concerns of potential intensification of the site over and above uni ts depicted on an accompanying concept plan. The City Commission seeking measures to limit the density within the RM district queried as to methods to limit density. The Planning Director noted that such a limitation is already used, in the LDR,s within the PRD zone district, An ordinance has been drafted which amends the LDR's to allow the placement of a numerical suffix with the RM zone designation in order to limit the density of residential development. The intent of the ordinance is to allow the application of a density suffix during rezoning which will further limit RM development to specific maximum densities between 6 and 12 units per acre. This limitation is to be applied at the rezoning stage with the intent of assuring development which is consistent and compatible with adjacent development. The ordinance was approved by the City Commission on first reading on June 8, 1993. The ordinance is before the Planning and Zoning Board on this agenda for formal review. The Board's findings and recommendations will be presented at the City Commissions public hearing at second reading on June 22, 1993. , P&Z Department Memorandum Argument Against a Density Suffix in the RM Zone District Page 2 COM P P LAN AND LDR A N A L Y S I S: The following Comprehensive Plan Objectives, POlicies, and LOR sections currently address land use compatibility: Comprehensive Plan Objectives and Policies: Housinq Element Policy C-2.4: Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent development regardless of zoning designations. These policies shall be implemented through the review process associated with platting and site plans and shall be effective immediately. Land Use Element Objective A-1: Vacant properties shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land uses. It is noted each of above have been incorporated into the LOR's under mandatory findings required of site plan approval listed below. Land Development Regulation Sections: Section 4.4.6 (H)(l) Medium Density Residential (RM) District: A minimum density of six units per acre is established for duplex and multiply family housing projects within the RM district. Density may exceed the base of six (6) units per acre only upon a determination by the Local Planning Agency that the resulting development is harmonious with adjacent 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. Section 3.3.3 (E) (Standards for Site Plan and/or Plat Actions): Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designation. Section 3.3.3 (F) (Standards for Site Plan and/or Plat Actions): Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topography, and other applicable physical considerations; complimentary to adjacent land uses; and fulfils remaining land use needs. Section 2.4,5(F)(5) Required Site and Development Plan Findinqs: In addition to provisions of Chapter Three (listed above) the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property value. ~-'-""""'-'-"'~"' P&Z Department Memorandum Argument Against a Density Suffix in the RM Zone District Page 3 A N A L Y S I S: Staff's objections to the ordinance are two fold, INAPPROPRIATE TIMING FOR REGULATION * Establishment of specific density requirements at the time of zoning, in the absence of a formal site plan, for the purpose of determining the type and character of housing types, is arbitrary and capricious. To do so, the City must be prepared to defend its choice based on credible evidence that density relates directly, in all cases to housing character (or quality) , and therefore, to compatability. Such a defense can be overcome by pointing out high quality, high density development on the beach compared with low quality, low density housing in suburbia. * Establishing specific, overly narrow densities on residential property does not create a real difference in housing character. There is little perceptual difference between seven and nine units per acre in a multi-family development. The perception of quality lies in the specific site design. * Establishing a zoning district density suffix based upon a conceptual development plan creates a false sense of confidence in the final form of the development. The zoning district cannot normally be conditioned to require a specific site plan. As a concept plan has no legal basis there is, then, no guarantee that the concept plan will ever be built. The only way to establish such guarantee is through a Unified Conditional Approval, whereby the zoning, site plan etc. are. approved at the same time. The ordinance under consideration does not have those provisions. * Establishing specific, narrow densities at the rezoning stage limits the design flexibility of the developer. The role of government in the development process is planning, regulation and protection; it is not site specific design. The developer must be allowed to bring to the market a product that can sell as well as the flexibility to modify the product in response to market changes. Such product decisions must remain in the private sector. * Zoning is a long range decision, while site plans are short term decisions until they are constructed. For this reason, site plans are only valid for eighteen months on the presumption that if a project is not built in eighteen months, it is probably not viable. Alternately, establishment of a zoning district is an act of long range planning to determine the overall framework of the City, To employ zoning to define specific housing character would presume that the zoning is tied to a site plan; in this ordinance there is no such provision i,e. micro-management using macro-management tools; , P&Z Department Memorandum Argument Against a Density Suffix in the RM Zone District Page 4 "'''', * The most appropriate land development process to determine site specific compatibility is during the site plan approval process, not the zoning process, At the site plan stage a more detail analysis of the projects compatibility can be conducted include assessment of components which would mitigate impacts i. e. buffers etc, The appropriateness of a compatibility assessment at this stage is reaffirmed by the mandatory findings of Section 3.3.3 (E) & (F) and Section 2.4.5 (F)(5).(listed above) required for site plan approval. ADDITIONAL GOVERNMENT REGULATION * The passage of the ordinance will place another layer of bureaucracy on the development process. To ascertain the appropriate density suffix, some degree of site development layout and design will be required at the rezoning stage. Proponents of the ordinance argue that this is necessary to assure the provision of certain housing type and hence assure compatibility. However, as evidenced throughout the city similar housing types have been developed at different densities as well as very different housing types being developed at similar densities. Further, as stated previously compatibility is more appropriately addressed at the detailed site plan stage. '* Deve~opment of specific site plans and future minor site plan modifications may require a rezoning i,e. another expensive and time consuming process. * Passage of the ordinance will add a layer of review because provisions to assure the development of compatible housing types within a density range of 6 to 12 units to the acre are already in place. Within the existing RM zone district and site plan approval regulations it is clear that approval of above 6 units per acre requires a compatibility findings under Section 4.4,6(H)(1), as well as mandatory compatibility findings for all site plans under section 3.3.3 (E) & (F) and Section 2.4.5 (F)(5). o THE R I S SUE S: Application of similar suffix to PRO zoning district: In your support documentation it is noted that density within the PRO zone district is established by a numerically suffix to the designation and shown on the zoning map i.e. PRO-8 limits the density to eight units per acre. However, it is noted that the suffix density is provided under PRO in lieu of, not in addition to, an the assigned density range as found in the RM district. Further, the suffix range is needed in the PRO to accommodate a greater range of densities (which can be ranges within both RL and RM densities) resulting from requirements to provide a combination of housing types. P&Z Department Memorandum Argument Against a Density Suffix in the RM Zone District Page 5 SUM MAR Y: The underlying intent of the ordinance before you is to assure compatibility with adjacent properties by trying to manipulate the housing type by limiting density. Given the already abundant mandatory findings and text verbiage limiting densities based on inconsistent land uses it is not necessary to achieve this goal through additional regulation during the zoning process. In summary, staff recommends denial of the ordinance based upon the following: * Establishment of specific density requirements at the time of zoning, in the absence of a formal site plan, for the purpose of determining the type and character of housing types, is arbitrary and capricious; * Establishing specific, overly narrow densities on residential property does not crea te a real difference in housing character; * There is no guarantee that -any accompanying concept plan will ever be built; * Establishing specific, narrow densities at the rezoning stage limits design flexibility; * The proposed process is micro-management using macro-management tools; * The most appropriate land development process to determine site specific compatibility is the site plan process, not the zoning process; * Existing regulations are adequate to assure compatibility is achieved between adjacent land uses. R E COM MEN 0 A T ION : Recommend denial of the Ordinance which provides for the limitations of density within the Medium Density Residential District by allowing the placement of numerical suffixes on specific properties. PD/J.DOC , ' -- ----- ---- _.~------- --"------_. ---- ------ -----------.- --- ---.- ----. ORDINANCE NO. 40-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION 4.4.6(H) (1) OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE LIMITATION OF DENSITY WITHIN THE MEDIUM DENSITY RESIDENTIAL (RM) ZONE DISTRICT; AND TO FURTHER PROVIDE THAT THE DENSITY WILL BE APPROVED BY THE BODY TAKING FINAL ACTION ON THE DEVELOPMENT APPLICATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Medium Density Residential (RM) Zone District allows a density range h~ving a base of six (6) units per acre to 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 which may be 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 OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Subsection 4.4.6(H) (1) of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (1) A minimum density of six units per acre is established for duplex and multiple family housing projects within this District. Density may exceed the base of six (6) units per acre only upon a determination by the t~t~I//PI~nning//Agenty body taking final action on the development application that the resulting development is harmonious with adjacent 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 (i.e. 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. - 2 - Ord. No. 40-93 , ' -.----. ----- _... --- -_.--"- -----------. ---- -- ----"- ---- -. ----- -----------~._---- -- Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. 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 FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~ I l!J-J) - MEETING OF JUNE 22. 1993 ORDINANCE NO. 39-93/REZONING FROM POC TO RM DATE: June 18, 1993 This is second reading of an ordinance rezoning and placing land presently zoned POC (Planned Office Center) district in the RM (Medium Density Residential) district; said land being generally located south of Lake Ida Road and west of Congress Avenue. The subject property is the remaining parcel of the Dorson property. First reading was held on this ordinance at the May 25th regular meeting. At that time concerns were expressed about possible changes to the proposed land use, the impact on traffic, and compatibility with future developments. A suggestion was made to consider a limitation on density for this parcel. Subsequently, at the June 8th regular meeting, first reading was held on Ordinance No. 40-93 relative to limitation of density in the RM District by numerical suffix, and also on Ordinance No. 42-93 which rezones the property to RM-8 (Medium Density Residentia~ - Eight (8 ) units per acre). The Planning and Zoning Board will reconsider this item at their June 21st meeting. Staff will provide a verbal report at Tuesday evening's meeting. Depending on the disposition of Ordinance No. 40-93, the Commission will then make a determination as to the appropriate zoning (RM by Ordinance No. 39-93 or RM-8 by Ordinance No. 42-93). Recommend consideration of Ordinance No. 39-93 on second and final reading, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5 (D) (5) of the Land Development Regulations, the policies of the Comprehensive Plan; and, upon the disposition of Ordinance No. 40-93. iadd on~~ Lj~o , ' ~ .-----. - ---- -- - . - -- ORDINANCE NO. 39-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED poe (PLANNED OFFICE CENTER) DISTRICT IN THE RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING GENERALLY LOCATED SOUTH OF LAKE IDA ROAD AND WEST OF CONGRESS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 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 (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 fee t, a central angle of 04 degrees 41'27" and a chord bearing of South 87 degrees 39'18" East, a distance of 128.49 feet; thence due South, a distance of 812.98 feet; thence South 88 degrees 09'00" East, a distance of 394.64 feet to a point in the Westerly right-of-way of Congress Avenue; thence South 18 degrees 38'55" West, along said Westerly right-of-way line of Congress Avenue, a distance of 512.38 feet to the point of curvature of a curve concave to the Southeast; thence Southwesterly, along the arc of said curve having a radius of 3872.80 feet and a central angle of 01 degrees 08'24", a distance of 77.06 feet; thence North 88 degrees 09'00" West, a distance of 488.28 feet to a point in the Easterly right-of-way line of Davis Road; thence due North a distance of 108.95 feet to a point of curvature of a curve concave to the Southwest having a radius of 575 feet and a central angle of 36 degrees 00'00", a distance of 361.28 feet; thence North 54 degrees 00'00" East, a distance of 110.00 feet; thence Northwesterly, along . --_.---~ ------- the arc of a curve concave to the Southwest having a radius of 3100 feet, a chord bearing of North 43 51'25" West, and a central angle of 15 degrees 42'48", a distance of 850.14 fee t; 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 ~n Official Record Book 2398, Page 1444, Official Record Book 3198, Page 481, and Official Record Book 4545, Page 235, Public Records of Palm Beach County, Florida, and less right-of-way for Congress Avenue. Said property containing 18 acres, more or less, and lying South of. Lake Ida Road and West of Congress Avenue in Delray Beach, Florida. Section 2. That the Planning' Director of the City of Delray Beach, Florida, shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances which are in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 39-93 . C I T Y COM MIS S ION DOC U MEN TAT ION TO: -ROBER'r, A. BARCINSKI, ACTING CITY MANAGER . -, ~~ I . .., . "'. /. ..., :~. ( CC-' FROM: DA~~~-~~~' IRE2ToR 4-- DEPARTMENT OF PLANNING AND ZONING SUB'JECT: MEETING OF JUNE 22, 1993 SECOND READING OF ORDINANCES 39-93 & 42-93 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on second reading of either of these ordinances. The associated project is known as "Club Delray". It is to be located in the vacant land surrounding Lake Ida Plaza (southwest corner of Lake Ida Road and Congress Avenue). BACKGROUND: The proposed ordinance each address the same property. The difference is that 39-93 rezones to the RM designation without a density limitation; however, total unit count would be controlled by traffic concurrency. Such a limitation may change based upon analytic factors e.g. trip generation, distribution pattern, etc. Ordinance 42-93 limits the density to no more than eight ( 8 ) units per acre. However, the density suffix can be applied only if a change is made to the text of the RM zone district. An ordinance to that effect precedes consideration of these ordinances. Additional Information: At the last City Commission meeting, Helen Coopersmith inquired as to whether or not a copy of her letter of June 2nd had been provided as a part of the record. It had not. Pursuant to Commission direction, a copy of that letter is attached for your information and record purposes. PLANNING AND ZONING BOARD CONSIDERATION: Previously the Board had recommended approval of rezoning from POC to RM. Thus, either Ordinance 39-93 or 42-93 would be consistent with the Board's recommendation and findings. . ' City Commission Documentation Second Reading of Ordinances 39-93 & 41-93 Page 2 RECOMMENDED ACTION: If the ordinance enabling the use of a density suffix is approved, then Ordinance 42-93 should be adopted and 39-93 denied. If the enabling ordinance is not approved, then Ordinance 39-93 should be adopted and Ordinance 42-93 denied. Attachment: * PROD letter of June 2, 1993 directed to SPRAB DJK/T:CCLIP.doc . June 2, 1993 . To: Members of SPRAB From: Helen Coopersmith (PROD) RE : "Concept Plan" Review for Multi-Family Development for "Club Delray" Unfortunately I am unable to attend this SPRAB meeting due to a previous committment (which is city related). But having spoken on this issue before the P&Z ~oard (workshop and regular meetings alike) and the City Commission Meeting (first reading) I - on behalf of many citizens - ask your indulgence. I am aware that the purpose of SPRAB dictates that it is your job to review a SITE PLAN which includes size of units - explicit architectural renditions - elevations - and all that is re- quired in a definitive site plan. Having said all that please bear with me as I state the reasons why many of us are opposed to this proposed project. Fa.rst and foremost the phrase "concept plan" is contradictitory! A con- cept is an ,idea ... a pJ.an is a schematic detailed. professional lay-out of a proposed development. Might I ask how can a concept be "reviewed" when the latter was not presented? '\{Q'\fl' (I mention this as an aside) from POC Mr. Brochu for are-zoning to RM on 18 acres stating that he is going to build a CONDOMINIUM of 128 units for WINTER RESIDENTS . He stated that he already has tentative committments from 68 buyers. He showed the P&Z Board and the City Com- ( mission ~AWINGS - a sketch - if you will. Opposition to this proposed concept is based on the following: l. The RM zoning 4.4.60 (if granted by the commission) allows a multitude of conditional uses. PLEASE REMEMBER THERE IS NO SITE PLAN. 2. The apllicant , when asked by the residents of Pines of Delray North as to the age of the residents, told them that the age w~uld be 55 and over. (so much for the "no more adult communities in Delray!) BUT when he came before the P&Z 7 commission he stated that all ages are welcome. Blatent contradictions!! 3. Many of us (including 2 commissioners) are concerned that the 68 buyers will rent their units. When the applicant was con- fronted with this he stated that this development will be a condominium. When asked if he is familiar with the Florida condominium laws he stated that "we are looking into this". 1hen Commissioner Alperin wanted detailed information as to rentals i.e. absentee owners, and was concerned about this development becoming another Delray Estates. 4. Commissioner Randolph said that the applicant was not giving us enough~information and couldn't go along with it. \.- 5. We ask the SPRAB to look at the location, the surrounding area as it relates to "vacationing tourists". . -2- . June 2, 1993 To: SPRAB From: Helen Coopersmith ( PRO D) 6. Will_there be 128 units or 216 units? Under RM that is allowed- remember there is no definitive site plan: 7. Vagary: persists: The applicant says - in answer "It will increase the city's tax base. It will be nice".:: L iA~11 8. If they are serious in their intent th~y would spenlr the dollars for a specific site plan - and if indeed they have. 68 ~Ivacationing' buyers or are. these ~Ibuyers" investors waiting' for a CHANGE IN ZONING? 9. OR - will there be a FOR SALE SIGN on the 18 acres once the zoning is changed? Members of the SPRAB - believe me - I hope I am wrong - but I have been around a long time - I sat on the then P & Z Board - and listened to the "promises" of many "well-intentioned" developers many of whom DID invest monies in architectual renditions - site plans - etc. and in the end broke their promises. This applicant has made' no such inves.tment. he is vague - and I ask you one question - please use simple logic before you make a decision.- a walled-in community - with egress from Congress Avenue - (if that is what they are really planning - will (- "it be nice-? As I said to the City Commission - please be careful: ( MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER - SUBJECT: AGENDA I TEM ~ 10 /:::. - MEETING OF JUNE 22. 1993 ORDINANCE NO. 42-93 DATE: June 18, 1993 This is the second 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 Planning and Zoning Board will consider this item at their June 21st meeting. Staff will provide a verbal report at Tuesday evening/s meetings. Depending on the disposition of Ordinance No. 40-93, the Commission will then make a determination as to the appropriate zoning (RM by Ordinance No. 39-93 or RM-8 by Ordinance No. 42-93). At the June 8th regular meeting, Ordinance No. 42-93 passed on first reading with a 5-0 vote. Recommend consideration of Ordinance No. 42-93 on second and final reading, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5 (D) (5) of the Land Development Regulations, the policies of the Comprehensive Plan; and, upon the disposition of Ordinance No. 40-93. p~ Y-o . . . . - ----..-- ._---', ---- -.-.----.-- -- ORDINANCE NO. 42-93 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 feet; thence North 54 degrees 00'00" East, a distance of 110.00 feet; thence Northwesterly, along , ., ~ ----- - - - ----- ------ ------.------- the arc of a curve concave to the Southwest having a radius of 3100 feet, a chord bearing of North 43 51'25" West, and a central angle of 15 degrees 42'48", a distance of 850.14 feet; thence North 08 degrees 28'06" East, a distance of 142.81 feet; thence due East, a distance of 740 feet; thence due North 110 feet to the Point of Beginning afore described. LESS AND EXCEPT those parcels of land described in Official Record Book 2398, Page 1424, Official Record Book 3198, Page 481, and Official Record Book 4545, Page 235, Public Records of Palm Beach County, Florida, and less right-of-way for Congress Avenue. Said property containing 18 acres, more or less, and lying South of Lake Ida Road and West of Congress Avenue in Delray Beach, Florida. Section 2. That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances which are in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 42-93 -. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM i /0 F - MEETING OF JUNE 22. 1993 ORDINANCE NO. 41-93 DATE: June 18, 1993 This is the second 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 and/or property owners the opportunity to serve on the Board as long as they own a business or property within the City. The Education Board at their June 7th meeting recommended approval. At the June 8th regular meeting, Ordinance No. 41-93 passed on first reading with a 5-0 vote. Recommend approval of Ordinance No. 41-93 on second and final reading. PCWULdL L/~o <, .. . '. ," / :'r- \ [ITY DF DELAA' BEA[H . - ,~- _ -< ,'_',,)--1--1 . 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, S.ction 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 Ord,inance 24-90. RAB:kwg Attachments THE Er:FORT 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 Commission is desirous of having a broad range of individuals to serve on the Education Board. NOW, THEREFORE, BE I:r' 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 ~rouertv in the city and/or own or o~erate a business within the city. Should a member of the Education Board not be a resident of the City of Delray Beach. or a uro~erty owner and/or the owner/o~erator of a business within the city. and should that member's child or children cease attending Delray Beach public schools, then such member shall no longer be qualified to serve on the board. Section 2 That all ordinances or parts of ordinances ~n 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 ii II il it II II II !I II " I I I I I , ' BOB'S QUICK TYPESETTINr" PRINTING & COpy CENTER, INC. PRINTING COPYING '" (" {, " May 18, 1993 .. .....~i lit.~) / } :\1 :11 2 1 1993 /,/G"i) /) I v .' C/Tyc Dear Mayor Lynch, . ----- OMfv1ISS/ON 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 myself, 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, 1S located; but I live in Boynton Beach, just outside the Delray Beach City limits.I have been very active in educational matters in Delray Beach since serving as the Chairman of the Chamber of Commerce Education Committee in 1987. Currently, I am serving 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 fOl:" 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. ~:? Robert W. Hayes 181 S.E. 5th AVENUE. DELRAY BEACH, FL 33483. FAX 407-272-3828.407-278-0203 _... I ^ --'f1'\j "1~ QElAR~ 'aEACH 1 " ~~ f.. '1 '", f I ,..., ., . . '.",. >i L:'_-)~IDA 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 ACTION 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 -- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM ~ 10 G - MEETING OF JUNE 22. 1993 ORDINANCE NO. 37-93 DATE: June 18, 1993 This is the second reading of an ordinance amending the City's code with regard to occupational licenses. The proposed ordinance amends Section 110.06, "Persons Not Required to Pay Full Fee" , to provide an exemption for non-resident businesses from paying additional fees. This change corrects a conflict with Section 205.065 of the Florida Statutes. It also amends Section 110.15, "License Tax Schedule", by adding one new category of occupational license, "Nails, Acrylic Shops" . The proposal for an interior trim license fee has been deleted from the ordinance pursuant to Commission direction. Once established, the Equity Study Commission is expected to review that proposal and make a recommendation at a later date.' At the June 8th regular meeting, Ordinance No. 37-93 passed on first reading with a 4-1 vote (Mr. Randolph dissenting). Recommend approval of Ordinance No. 37-93 on second and final reading. p~ 3 - I CCAnoocPH 01 SS&iT7n ~ ) , ' ~ . ';0 ",... 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 110.15, "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 lpcal municipalities; and, WHEREAS, said Section 205.065, F.S., provides that if any person engaging in or managing a business, profession or occupation regulated by DPR has paid an occupational license tax for the current year to the county or municipality in the state where his permanent business location or branch office is maintained, no other local governing authority may levy an occupational license tax, or any registration or regulatory fee equivalent to the occupational license for performing work or services on a temporary or transitory basis in another municipality or county; and, WHEREAS, Section 110.06, "Persons Not Required to Pay Full Fee", of the Code of Ordinances of the City of Delray Beach, Florida, currently requires that such persons and/or businesses holding a valid occupational license from another municipality or county and doing business in the City of Delray Beach shall be issued a city license and pay the required registration fee; and, WHEREAS, the City Attorney of the City of Delray Beach, Florida, has determined that such registration fees are in conflict with Section 205.065 of the Florida State Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 110, "Occupational Licenses Generally", Section 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 (B) in their entirety, and enacting a new Section 110.06 to read as follows: ., , ~ . . - _.. --.- Section 110.06 PERSONS NOT REQUIRED TO PAY FULL FEE. Persons holding a valid and currently effective occupational license issued by another Florida municipality or county, and who do not maintain a permanent business location or branch office in the City of Delray Beach, shall be issued a city license for their particular occupation upon their registering with the City Building and Inspection Division. No fee shall be required to obtain a license in such cases. Section 2. That Chapter 110, "Occupational Licenses Generally" , Section 110.15, "License Tax Schedule" , of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding :the following classification in appropriate and/or alphabetical order: Classification Fee NAILS, ACRYLIC SHOPS (State Certificate) .!..2Q - section 3. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective ten days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 37-93 . 4 PUBLIC AND CITY COMMISSION COMMENTS FROM JUNE 22, 1993: Public Comments: ( 1 ) Mr. Jerry Marshall, resident of Woodlake, who stated that it takes one minute/40 seconds to turn left coming out of Homewood Boulevard onto Atlantic Avenue, and asked if there was any way that this amount of time could be reduced? (2 ) Ms. Virginia Snyder, 38 S. Swinton Avenue, Delray Beach, who stated that she had learned of a serious drug bust in the area south of S.W. 10th Avenue(?; perhaps meant Street) in a construction trailer inside of a warehouse, and her concern is that nobody seems to be able to find out any information about it. She felt there was no reason for the secrecy and asked the City Manager to find out from Chief Overman why this is being kept so secretive. (3) Ms. Alice Finst, 707 Place Tavant, Delray Beach, who asked that some arrangement be made so that the public is able to view the visual displays that are presented to the Commission during the meetings. She also expressed her thanks for rearranging the seating in the conference room to better accommodate the public. Ms. Finst stated that some time ago, the Commission had discussed having an orientation for the advisory boards to give them the Commission's point of view on various issues, and asked if this had occurred? Mayor Lynch advised that this had been done about a year ago. Lastly, Ms. Finst commented on the condition of the historic marker designating the City's Black historic sites. She felt that it would take very little in the way of landscaping and moving of the fence to solve the problem, and suggested that this work be done before the beginning of the upcoming Roots Festival. Commission Comments: (1) Mr. Ellingsworth asked what happens to the abandoned/junked vehicles after they are removed by action of the City, and if the City realizes any profit from the process? The City Manager advised that most abandoned vehicles are now picked up by a company that purchases them after the required legalities are met. However, the City loses money on the process. He noted the resolution on tonight's agenda assessing costs for the removal of abandoned vehicles from various properties. (2) Mr. Randolph: No comments. . . . - (3) Mayor Lynch: (a) Asked that an extra waste basket be provided on the dais; and (b) Stated that he has received complaints from residents on Brandt Drive in the Tropic Palms subdivision about changing the name of the street since it was sold as part of the street auction for Old School Square. The person who bought the name has sold his house and moved, and the rest of the residents don't want to change the name. The Mayor asked that the matter be looked into, since complaints have also been received on two or three of the other street names which were included in the auction. The City Manager stated the matter is being researched and he will report back to the Commission. (4) Dr. Alperin stated that it has come to the attention of the Drug Task Force that funding for drug treatment throughout Palm Beach County is about to be significantly reduced, and it appears that the South County will be disproportionately cut as is often the case. If there is going to be a cut, he feels it should be evenly balanced between North and South County, especially so that when funding comes back in the future, the South County area will receive a proportionate amount rather than a reduced amount. Dr. Alperin is trying to get additional statistical data, but feels it is important for the southern part of the County to impress the need for proportional funding to address this problem. AMH-6/24/93 . ' . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Jl?bTY MANAGER SUBJECT: AGENDA ITEM ~ ~- MEETING OF JUNE 22. 1993 ORDINANCE NO. 43-93 DATE: June 18, 1993 This is the first reading of an ordinance amending the City's Code with regard to moveable fixtures within the road right-of-way. Provisions of the ordinance include a requirement that all moveable fixtures be located no closer than 15 feet from a fire hydranti sets up a 40' by 40' site triangle at all intersection where moveable fixtures over 36 inches in height are not permittedi and, limits placing more than one newsrack within 1,000 of another newsrack. The ordinance also removes the color requirement and restrictions which were placed on advertising. The City Attorney/s office is still studying options regarding the repair of swales for damage caused by the placement of moveable fixtures. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 43-94 on first reading. If passed public hearing July 13th. p~ ISI~ 4--0 wi ~ 0lLL ~ 11 I -10 II pRotmtnl ( f8;; A-i.:; wao- 'I f\ t Lf (~) 5 'S h+ i+,e'i:t1S . . CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun 18.93 13:35 P.02 [IT' DF DELHA' BEA[H CITY ATTORNEY'S OFFICE 'i,1 :;\" ;"_.1..,1'1. . n;:!.Rl\Y !lEACH. FLORin" 3.1H4 \ . \ ~ S U.l ~ j ~ '~','~, . ,,", ;':~ 0" w.&_.~'. D&~_v' L~n. (407) 243-70'0 MEMORANDUM Ol1t,,; June 18, 1993 '1'0: City Conunission , Tolces, Assistant City Attorn~ From: David N. Subject: Revisions 1.0 section 6.3.3 "Newsracks, Benches and Othwr Unattached Fixture. in the Right-ot-Way" This ordinance revises the movable fixture ordinance which regulates the placement of newsracks, benches and other unattached fixtures within the City's r1ghta-of-way. The Commission has reviewed these revisions previously and this memo will briefly describe the specific revisions. On Page 3 of the ordinance, the City will now require that all movAble~xtures be located no closer than 15 teet fro. a fire - hydrant. In areas where there is a 6 inch high vertically faced curb, the newsrack may be placed no closer than 2 1/2 feet to the curb. In area8 where there is not a vertically faced curb, the movable fixture shall be located no closer than 10 teet t.rom the edqe of the pavement where 10 feet is available. This ordinance sets up a 40' by 40' sight triangle at all intersections where movable fixtures over 36" in height will not be permitted. The ordinance also sets forth a procedure whereby the City Manager or hi. designee will design maps 'howinq locations where movable fixture. may be located at City facilities. Finally, this ordinance deletes the limitation of placing more than one news rack within 1,000 feet ot another newsrack, and also removes Lhe color requirement and the restrictions which 'Were placed on advertising. It 1s this otfice's opinion that adoption of the revisions to the movable fixture ordinance will likely withscand a constitutional challenge if one is brought. Our office is st.i.ll studying options regardinq the repair of swales for damage caused by the placement of movable fixtures, and Lhe ~osslbilit.y of obtaining reimbursement from the company or or9ani~atiQn who places the movable fixture there. . CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 ]un 18,93 13:36 p . l:13 I r I City Commi..ion I I June 18, 1993 . I Page 2 i If you have any que.tion. regarding this matter, please do not he.itate to call. DNT: sh Attachment CCI David Harden, City Manager Cheryl Leverett, Executive Assistant _. --..... . Y'S OFFICE TEL No 407 278 4755 Jun 18,93 13:36 P.04 CITY ~TTORNE . I \ ! Ol\DINANCE NO. AN ORDINANCE or TH~ CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 6.3.3, "NEWSRACKS, SENCH!S, AND OTHER UNA'l"1'ACHED FIXTURES IN THE RIGHT-OF-WAY" , OF THE LAND DEVELOPMENT REGULATIONS OF THt CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE APP1.ICA- '1'1014 or THIS SECTION TO ALL MOVABLE fIXTURES WITHIN TH! RIGHT-Of-WAY; TO PROVIDE FOA A DEFINITION or "MOVABLE fIXTURE"; TO PROVIDE FOR THE DE1.ETION OF SOD AS A PROHIBITED LOCATION FOR MOVAIL! fIXTURES; TO PROVIDE FOR THE PLACEMENT or MOVABLE FIXTURES NO CLOSER THAN 15 FEET TO A FIRE HYDRANT; TO PROVIDE FOR CLEAR lONES TO EXTEND FOUR FEET FROM A SIX INCH HIGH VERTICALLY FACED CURS AND TO PROHIBIT MOVABLE FIXTURES FROM BEING PLACED CLOSER THAN TIN FEET FROM THE EDGE OF PAVEMENT, OR AS FAR AWAY AS POSSIBLI:; AMENDING SECTION 6.3.3(B) (6) "SIGHT AREAS" TO PROVIDE rOR A 40 FOOT BY 40 rOOT SIGHT TRIANGLE EXTENDING ALONG TH& ROAD SIDE EDGE AS ILLUSTRATED IN FIGURE 1; AMENDING SECTION 6.3.3(8){'1') TO PROVIDE rOR LOCATION MAPS AT CITY FACILITIES DESIGNATING LOCATIONS WHIR! MOVABLE FIXTURES MAY BE PLACED; AMENDING SECTION 6.3.3(8)(8) TO PROHIBIT THE PLACE- MENT OF MOVABLE FIXTURES ADJACENT TO Szr,(GLE FAMU..Y RESIDENCES; REPEALING SECTION 6.3.3(C)(1)T; REPEALING SECTION 5.3.3(0); REPEALING SECTION 6.3.3(C)(2)(e); REPEALING SECTION 5.3.3(H)i PROVIDING A REPEALER CLAUSE, A SAVI~G CLAUSE, AND AN EFFECTIVE DATI. WHEREAS, the CJ.ty of celr"y Seach ha. inve.ted millions oC dollar. in inl~ing end maintaining .treetlcaplng and land.cap1ng d10ng ehe public rights-at-way within Delray B.ach; and, WHlftEAS, the City of Delray Beach is in the proces, of Imple- III.nUng it. Decad. ot Excellence Bond program which w111 provide addi- tional tunding of drainaqe, p.~in9, and beautification at r1ghts-of-way within D.lray a.ach; and, WIIBRBAS, '-he City COlllllli..J.On of the City of De1ny B.ach 1. uellz:ou. of providing lafe trafUc:: are.. for pede.trian., bic:yclhU, and motor vehlclel; and, WaRBA., the C1t.y co.l..ion of the C1ty of Delray Beach wi.he. to improve the a..thetlcs of rlqht.-of-way withln it. r.aldential and cOmGercial lon.d ar.a., and, WHIREAS, the reUd.nt1a1 r1;htl-of-way wlthln the City of Oelray a.ach have not be.n d.sl;ned to WIthstand con.tant traffic on the nonpav~ ..ction ot the dght-of-way, and, WHEREAS, ehl City Comml..1on find. t~t v.hlcular traffic pull1n9 onto ,wat. .rea. on a continuin; non-...r'lent ba.lI cause, damag_ to the .wal. area which n.gatively affect. the a.,thetic, ot the r1ght.-of~way; and, WHEREAS, ehe City Comml..ion finds that vehicular traffic: pulling onto .wal. ar... on & continulnq non-....rg.nt b'II. C:llU'" dama;. to the swale area which neqat1vely affec:t. the drainage cap.bili- ti.. of eh. Iwale areal and, WHEREAS, the use ot new.raeks and benches ., 11gna 11 illeg.l il'\ Delroy Beach and damages t.he a.nhetic quality ot our reaidenthl, commercial, industrial, and open space neighborhood', and, . CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 ]un 18.93 13:37 P,OS ~ , I \ WHEREAS, the C.l.ty t:onun.l.Ulon of the Cay of oelray Beach I believe. that lmprovinq the lesthet!Cs ot Oelray Beach's rell~.ntial and commercial neighborhoods will improve the quality of life tor the c1~1&ens of Delray Beach; and, WHERf:AS, the City C;omrnluion !inds that damaged Iwde areas negatively ofteeta property values adjacent \.0 such awal. areas and right.-ot-way; and, WHEREAS, thlil (;i ty CO/l'1mission of the City ot Oelray Beach believe. there i. adequAte areaa ot di.tribytion available. NOW, TKt~~FORt, UE IT OROA1NEO BY THE CITY COMMISSION pF THE CITY or gELRAY BEACH, FLORIDA, AS fOLLOWS: i a_cuon 1. Thot AL 1.1 cle ti. 3, "Use and Work 1n the Publie I ll1ght.-of-Way'l, Section 6.3.3, "News rack; , Benche. and other Unattached I t'1xture. 1n the Right-oi-Way" of the Land DQvelopment RequlaUon. at the , Code of. Ordinance. of the Cj ty of l>elray Beach, Florida, be, and the Dame i. hereby amended to raad a. tollow,: Section 5.3.3 H.w'raex.i-Bench..-and-etft.r-~ftott.ched-Ptx'.~..-tn eft. - Rights-e'''''a" Any new.....C1ck, - bel'lch -and - oth~r - "on-a~t.e1\etl- Uxt.re the~einaf'.~-eoii.etive%y-r.f.rred-to-48-~movable fixtyr..ut which r..t. 1n whole or in port upon, or on any portion of the pub11c ri9ht-ot-way or which project. ortto, into, or over any part of a public r19ht-ot-way, _, or which illl upon private property shall be locat.d and llla1ntained 1n accordance with thi. Section. I (A) Oefinitlona. For ~he purpose at this subeection the following detin1tlon. .hal1 apply unless the context clearly indicatea or require. a different meaning. "Aclv..~1n9 C1r<:ular." Any pl.lbl1cllt1on that conta1M only advertiaing and no newa reports. "Auxilitu:y Lam.." A turn lane or on-.treet park1n9 are.. "ILke 'ath." 1'hat portion ot . riCjht-of-way J.aproved, de.1;ned, or ordinarily used for bicycle traffic. "ConerolUng tntlty." 'l'he ~r.on or ent1ty re.pon.ible for placing and maintaining I movable Uxture, the owner of the IIOvable fixture, or the publi.her ot the newspaper ven~ed w1thin a new.rack. "Int.e:uec:t.l.n"" S1de.tr.e~. ,. Any roadway or dr.lveway on wh1ch traffic ia required to .top prior to entering the inters.ction. ..Movab.... Fixtut'e." Any new.rack, bench, or other non-attached t1xt'lre. . "New.rack." Any lieU' .."vice or COin-operated box, container, .tor4;_ unit, or other dl.pensor installed, uie~, or maintained for the ullp1ay, sale, or distribution of newspaper or other new. periodical. or ~dv.rtl.1nq circulars. "Paved Sl.lr!cil.:"'tI." AllY hard maintainGd sur!ace u.ed or bYl1t for the purpoll4a of tr'dnspol'ting vehicles, bicycle. or pede.trian.. Surface. shall include, ~ut not be limited to, a.ph4lt, concreee, paver bloCk, tree grates and/o! rock~, "pubUc Aqen..;.j'." ThQ catYT - e'Ol1l1tYi - or ~ the ~ .t:ate City of DGlrlY Beach, Palm BQilEh....f.~unt.y, the Stat.. of Florida, its 8ub<l1villon., ~.gartll\ent.. Or autnoriuld aqQl'lt s. "R1qht (,)f-Way.' Al: that <troa dedicated to public ysa or uc.herwi." ownod by <.l pub1 ic agli/l\;V for publ.Lc str~et purpo6es and Shall 2 ORO. NO. . CIiy ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun 18.93 13:33 ~.:6 ! i . I I I 1 includ., but not be 11mited to, roadway., .wale., bike path., and I .idewalks. "Roadway." That portion of a riqht-ot-way improved, designed, or ordinarily used for vehicular traffic. "Si,c;Iewalk." Any 1511rfaCQ within a rlght-of~way provided for the exclu.ive or primary use of podQstriQn~. (8) prohJ~1ted ~ocatl0na: (1) Landscaped Arvos: Movab!~ fixture. .hall not be placed or installed or erected on any land.caped area withJ.n an improved public right-at-way. The landscaped areu include, but ore not limited to, those areas in which the followJ.ng ground cover material. are placed: tat--Sodr ill tb' Decorative plants, or iRl fe, Hotlve plants maintainad to match the .urroundin9 flora . (2) Public Utilitie.: Movable f1xture. .hall not be plaoed, 1n.talled, or erected to obstruct the use of any publLc util1ty pole or struoture. The.e area, are defined de.ionated a. follow.: (0) Drainage .tructure.: Movable fixture. .hall not be phy.ically attaohed, chained or bolted to any drainage structure, inlet. pipe, or other phy.ical obj.~t meant to carry water tor drainage purpo.e., \ (b) Ut1Uty Pole.: Movable Uxtuzoe. .hall not be I " phy.ically attached, chained, or bolted to a utility . I ___ pole, . (~) FLre Kyd~.nt.r MOvable fixture. .hall not be located within .5 ~ feet of a fire hydrant. (3) TrafUc Cont.rol DevLce.: Movable Uxture. .hall not be phydcally attached, chdned, bolted, or erected to obstruct the functlon ot traffic .19na1l, traffic: 819T\' or pave.ent urkings. The.. area. shall be ~.ftfted de.ianated a. follow., (a) T~.fflc .19nall. (1) Movable t.1xture, .hall not be phyl1cally attached, bolted, or chained to a trafflc s1gnal pol.. (2) Movable fixture. .hall not be placed 1n .uch a manner which ob.truct. the fne ped..trian flow to and from a pedenrian traffic s1gnal pUlh button. In order to allow for the free pedestrian flow, and handicap Ac~..a, to and from pedeltrian traffic .19nal PUlh buttons, movable fixt.ure8 .hall ba placed It lea.t 36 inche. away from such pedestrian traffic .i9nal pu.h button.. (b) TraffiC s19n.. Movable fixture. .hall not be phy.ically attached, bolted, or chained to . traffic 8i9n or pOlt u.ed tor the support of a traff1c 119n Or signs. (4) POVGd Surfac..: No moveable fixture .hall be placed, in.talled, or erected directly on a pAved lurtaee which i. intended primarily for the use ot motor vehicles. 3 ORD. Nn. ATTORNEY'S OFFICE TEL No . 407 278 4755 ]un 18, '93 13:38 P.J7 CITY --.. , tat~ Any ~ovable fixture! placed or maintained on a .1dewalk shall leave a clear area for traffic of not leu than 5- t..t !! J,ncho8, tb)i!l Any a~ovablw fiKture! which t. !If placed or malntained on & bike path Shall leave a clear area for traffic of not l.a. than B het. fSt.Lll Cleilr Zonu; Movable fixture. ,hall not be inltalled, placed or erected within cloar zone. a. def1necl ln thll ..ctlon. cl.ar zones are defined as follow!: (0) The area measured within fiye :o~ t..t of the tace ot a .1x inch high vert1cally aced curb. Where the tour foot minimum Ls impractical. the mlni.~ may be reduced to 2 1/2 teet. .b tbt --'l'he - aua - f~olll-1!.l\e - edge - of - tll. - t1>aYet -laft. - en- the ad~ae.~t-road.fer-the-fe~~e"tn,-di.tanc.'t Speed-btmte-ef-Ad;&eent-Ro.d----~-- i.~1 ee 38-llIph-or-iess--------------------- - eet JS-mpft-or-9~.at.~-----.------------i8-f..t fest - -!'he" ertCl-meas u'ed- frolll-the-eclre-of -aft -llIxHhO'-!an. of-the-es~ee.J\e-s~~.et-wtt~t"-the-fo~~owtn'-di.~ane.l. need'. i.illlit -cf -Ad i.cent - ROld - - - - - --Sbtlftee -mph-er-l.a.--------~------------e-f..t a5-mph-er-gree~.~------------------le-f..~ bt (;s " j "fL~ .,. -- 1"1;ure 1 OF ;0-.. ......w1" Typical In~reectlon (not to leal.) OI\D. NO. . No . 407 278 4~C::C:: Jun 1 S ,~-:' 13:30 F' . \:\~3 ATTORNEY'S OFFICE TEL ( --I~ CITY \ I ! t't~ ~ther Ar.a.: Movabl' fixture ,h.ll not b. placed, 1n.ta ed, or erect.d in any of the ar... defined in th1. lectlon. ( ll) Th. .ar.. withln '0 f..t of any r.ilroad track. ( b) On any city property unl... the location ha. been .pecifically pt~tt'ed ~..lqn.t.d by the city Mana9.r or ht.-de.ttft.e any .uthorized r.gr..entat1y~. (2 ) ~ .~ ~r'~~ fO~ e~Ch c~ty ~c ,t:;, ::~F vtl ~~~~. ocatl ns (c) The area w!thin the medi.n. Of t8ti12l Movable fixture. .hall not be pl.ced on any rO.dway, bike path or fwai' At.a as'.e.~t-.wal.-a~.a t:P. f~t of or to the .ide ~ ~.. deft~t. -zcfted-dt..~tet.-of .1no , l1y r..1denc. within t , City. ' --- (C) Standard. for N.w.rack Ma1nt.nance .nd In.tallationl tit--Ho.mer.-th.ft-o^.-n...~.ek-eofte.tfttn9-th.-.a.e-t..~e o:-.dittoft-of-th.-....-'.blteattoft-.h.ll.be-loe.ted-.tthtft-th. ....-bioek-or-t,eee-f..t7-.bteh...#-t.-th.-I....r-di.tane.,-on th.-.aa.-.id.-of-th.-.t~..t1-'covtdedT-how...~T-a-eontcoiling .fttity-..y-iee.t.-ft.w.~.ek.-eio.e~-to-e.eh-oth.~-if-.-,~bite ft..d-t.-d.terain.d-\o-.xi.tt--A-pablte-n..d-aay-be-..\ablieh.d by-th.-foiio.ino-me'ftod7-b.'-.~eh-..tft04-t.-ftot-.xei..iv'T--A eont~oUtn9-'l'\ttty- d.lidn,-to-e.tablill\-a- p.bUe-n.'d,-may ,l.a.-a-ft..eraek-.t-tft.-,ropo..d-ioeatioft-.ft.~-ftotia.-to-tft. etty-fo~-.-p'~iod-of-oft.-aen'hT--lf-d..'ft.-tft.'-Oft.-aoftth-t..t ,.~tod1-t".-a.':.9.-atce.ia'ton-l.o.-tl\at-n...~.ek-.~.1'-o~ .xe.ed.-'5-,.~e.ftt-.f-tft.-.a,.ei~y-of-th.-ft...~.ek,-'h.-,.bite ft..d~t.-..tabli.ft.d-aftd-th.-.ddi'toft.l-ft'WI...k-..y-....tn-at iU-heaUOftT ti~ Any new'ra~k which 1n whOle or 1n part r..t. upon in or over any publiC property or ri9ht-ot-way .hall comply with the followln~ ~tandard.: (at.LU. A new.raclc .hall not .xoe.d4 teet., 6 inch.. 1n hei9ht, 40 inehe. wid., or 24 1nch.. 1n d.pth. (bti!l Coin operat'd new.r.ck. .hall b. equipped with a coIn return mlchani.1ll to p.rmit. .. per.on "'hhing to purchas. 4 newlpaper or p.riodical t.o ..cur. .n l~.dlat. refund 1n the event the n.w.raCk 1. 1nop.rable. At all tim.., the coin return m.ch.nL.. .hall b. .aintaln.d in 9006 worxing order. tetidl The controlling .ntlty .hall permanently affix to ita newaracks a lab.l which .tat.. . 24 hour operable 5 ORE). NO. 5 J 13 q- 1-'4~ p oq OFFICE TEL No 407 278 475 un ~. ,~~ .j.'U .. : CITY ATTORNEY'S . t.lephone number Of a working telepnone ..rvice which tne customer may call to report a malfunction, or to ..cure a refund in the event of a malf~nctlon of the coln return mechani.m. The label thall feature clearly on its tac., the name and address of the controllinq entity in order to give the notlces provided for in this chapter. tdti!ll The controllln.; entity shall maintdn each newnaek movable {jxtur~ 1n a neat and clean condition, and in good r.pair at all time.. t.~~-A~t-new.r.cks-.h6z1-ft.v.-a-~ftife~M-li'h~-b~own fint!ft~--Prevtcted,-howeYe~T-thae-ftew.~ack'-.6y-~e-of-anr eo!or-if-th.f-are-.h!e!d.d-fro.-vt.w-oft-th~.e-8*d.J-*ft-a eoyerift9 - blSHt - and - permUted - !ft - aeeoreanee - w!~h - the eity4s-a~ildift9-eodeT ~ tSt--R..~rte~*onB-Oft-AdYertiatn9t N...raek. - shaH - ne~ - be - \\I.d - fo~ - ael.,e~.t.t"9 - o~ - p.aUeley p~:pO"1 - o~l\er - t.h." - .that - pell'tdntftt - te - tl\e - eli.piClYi . ..le - o&' p~~eha.e-ot-~h.-new,p6pe~-0&'-ftew.-p.~iodi..!.-.old.o~-d!.e~ib~_ed eh.reift~--eftly-one-tit-.dve&'.*.ift9-.t'ft7-ftOe-ex.e.d*n,-twO-.quCl&'e feet - !ft - ar.. T - IftIlf - De - ptaeee - Oft - ... n.wua._., - -!n - aeleltUeft - te - el\e actyuU1inlJ -li,n, - tl\e - eefttll'olUn, - eft~t'Y -My" dh,la.,- eftee7 - Oft -. l\.ws~aek1-i~.-naM.-of-e~.-p.~lte.'to"T.-'l\e.ft..e-of-tl\e-pabiteation may-be-dispiayed-*n-%.tt.rtn'-fto-,reate~-th.n-IJu-tft-h.*9ht~ - / tSt1!l The us. of a bench for advert1.ing 6urpo.es is Itr1ctly prohibited. U) (F) Abandonment: _ (1) In tho .vent 4 news rack remain, .mpty for a period of 30 continuous.~., it Shall be d..med abandoned, and may be treated in the ..me manner as provided in (0) below for movable fixture. in violation of the provis1onl of this .ubchapter. (~) It the C0I1L~oll.1n9 enuty i. not identified on the moveable Uxture, it will be conlldered abandoned and po.ted III .uch. (0) Enfore.menLi Correction ot Violation: (1) Upon d.termlnatlon Dy a COde Enforc.ment OffIcer that a movable fixture ha. been in.talled, us.d, or maintained 1n viola- tion ot Section 6.3.3, an ord.r to corr.ct the violation .hall be i.sued to the controlling entity. (2) The order t.o conect the vlolat1on Ihall .pecUically de.cribe the violation and ~y luqQe.t action. n.c....ry to correct the condition Or violatien. Such order .hall be mailed by cer~i- fLed moll return receipt r.que.ted to the controlling entity. (3) Fdlur. \'0 properly correct the ~Ueftdtft, - eOL'\diUon - O~ violation within 15 day. afte~-the-..t!*ft9.~.t. of the rec.it; of the order, .hall r.sult in the offending movable Uxture 1ng rell\oved by the city. Any movable UlCt\1re rell\oved by the clty hereunder ahall be Itored at the controllLng entLty'. expen.. tor a period Of 30 da~.. The movable tixtu~e .nall be relea.ed upon a proper .howing of owrwrah1p and payment of any and all storag. charges. In the event the movable fixture h not claimed within the 30 day period, the ..ovable fixture may be .01d at publ1c auction and the proc.ed. applied fir.t to removal, adminlltrative and Itorag. charge., and the remaLnder, it any, then paid into the G.neral Fund of the C1 ty ... 6 OR!). HO. . ., . ...., ., c:; 5 1 1 ,", " ~ 1 -: . :.I I-I P , , CITY ATTORNEY'S OFFICE TEL No. 40r 2,.8 4,~_u,n)d) ." - (.) If the movable Uxtun 18 po.~ed ... ebandonecl and not removed within 7 day. fr~ the da~e ot polting, or the City i. not ~ontacted by the controlling entity within 7 daYI from re~elpt of the order, the C1ty may naeve the .ovable Uxture illlRlediately. The CUy Ihall tltore the movable fixture tor 30 day. and U not cldmed within that tille, the City may d1.pose of the movable fixture 1n any manner 1t dee.. appropriate. If the movable fixture il claimed. the entity claiming the movable fixture Ihall pay tor all removal, administrative and .tora~e charges prior to release ot the flxture. If the charge. are not paid within 15 day. of claim belng made, the City may di.po.e of the movable fixt~re. (~) A~ le.at ten day. p~1or to the public auctionJ the City Clerk .hall publ1.h a d..cdpt1on of the movable fixtur., the looatlon trom where it wa. removed, and notlce of the auction 1n a new,paper of general circulation in the city and shall provide the controllln9 entity ldentlf1ed on the movable fixture, or if other- wi.e known, with wrltten notlfication of the auction by certified mail, reeurn receipt reque.ted. PrOVided, however, that the City Manager, or his de.i9nee, may dispo.e of the movable flxtu~. 1n any manner it .... fit, Iftcludinq negotlatlng the release ot the movable tixture to the controlling entity for l..a than full payment ot all Itor.ge charge. if the City Manager or hi. deSignee i. at the opinion that .uch d1lpotal w1l1"be more advantageous to the Clty than auctioning oft the movable fixture. (') In the event the controlling entity/appeala the order to correct the violation, as prOVided tor in ISubsection 6.3.3(H), below, then removal of the aovable flxture .hall be aeayed pending Unal di.podtion of the appeal, which Unal dl.po.it1on shall inc:l\J.de any judicial rev1ew. The city shall reimburae the con- trollIng .ntit.y any ItO%'Clg. chug.. paid pursuont to an order 1I.ued by the city in the eVent. t.he d.c:1.alon on the appeal is rendere4 ~rable to the controllln9 entity. (Ii) Appealal Any penon or controll1ng entity aggrieved by any ord.r, Unding, or detent1.natlon, taken und.r the provhion. of thia ordinance, (h.reinafter an appellant.) may tl1. an app.al with the Code Enforcement aoard for the CIty of Delroy B.ach, The appellant mUlt effect their appeal within 15 day. aft.r receipt of the order mailed to the appellant pursuant to thi. ordin.nc.. In order to effeet the appeal, the appellant mu.t deliver their letter of appeal, br1efly statIng the basI. of their .ppell, to the Clerk of the Code Enforcement ~oard. The Code EntorCI.ent loard Ihall hold a hearIng on the appeal no liter than 30 day. tollowinv the receIpt of the letter ot app.al, unless the partIe. mutuallY aq~ee to In exten.lon thereof. The appellant .hall be giVen at halt 1 day. wdtten notice of the time and place ot the hearing. The Board .han giv, the .ppellant and Iny other inter..ted party a rea.onable opportunity to be heard 1n order to show cause why l;he Uxture 11 not violating thb ordinance. At the conclu.lon of the hearing, the Board .hlll 11...1 t1ndIng. ot tact and 15aue and order. 'rhe order .hall be reduced to writing and .ign.d by the ChaIrman of the Hoard Ind tUed 1n t.he OffIce of the City Clerk w1t.hin 15 day. of the hearing and a copy shall be ,ent to the appellant. The order of the :':'oard .hall be effective when rendered. The order of the Board may be ~pp.lled as provIded for by law. tGt--'fh. p ts" - of - e - benel\ - fe~ - ad.et>tUiI'l9 - purpe.e. - is - l!ttrie'e1:Y e=,ol'libitedT S.ct~c;m 2. That .11 orCl1n.nce. or pa%ts of ord11\ences ~hich ~r. in conllict .herew1th are hereby repealed. section 3. That. .hould any "ctlon or provi.lon of this ordinAnce or any portion thereof, any paragraph, 8entence, or word be ~~clar.d by a co~rt of competent juriadiction to ~. invalid, such ., IJRD . NO . CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Jun 18.93 13:41 p l' , . ~ 1 -, ~ decision .hall not . tteet. the validity of the remainder hereof a. . whole or part thereof ot.her than t.he part declared to be invalid. S.~t.1.on 4. That this ordinance Shill become effective 1mmedl- ~t.ly upon it. passage on second and final reading. PASSED AND ADOPTED .i.n clICJ1.l1ar aession on secOnd and final ~..d1n9 on this the _____ day o! -... , 19~ - . M A\'O R ATTEST: City Clerk .- F1X'.t Reoding A second Reading MlI.i.... _. M/U/P I I '-- , 8 ORD. NO. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM ~ \213 - MEETING OF JUNE 22. 1993 ORDINANCE NO. 44-93 DATE: June 18, 1993 This is the first reading of an ordinance annexing to the City a 35.427 acre parcel, Taheri property, located on the east side of Military Trail, south of Linton Boulevard with initial City zoning of AG (Agriculture) . There are currently two structures on this site, a single family home and a barn used in conjunction with the existing nursery operation. There is no proposal for a change in the intensification of use. The applicant wishes to annex into the City, and continue the existing nursery operation under an agricultural holding zone district. Accommodating the annexation and affixing initial City zoning of AG is consistent with the City's program for annexation of territory within its planning and service area. There appears to be no adverse implications associated with this annexation and zoning consideration. Separately, on your agenda for consideration is a change in the Future Land Use Map (Plan Amendment 93-2) for the Taheri property. Since the requested initial zoning is Agriculture, applied as a holding zone, it is appropriate to proceed with the annexation and zoning prior to the consummation of the FLUM Amendment. The Planning and Zoning Board at their June 14th meeting recommended approval of the annexation. A detailed staff report is attached as backup for this item. Recommend approval of Ordinance No. 44-93 on first reading. If passed public hearing July 27, 1993. fQ1XJdf2 tj-O ~~ - Wi eonun~ A.L C~ ~r~~ ~~) . - ----- ORDINANCE NO. 44-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND BEING GENERALLY LOCATED ON. THE EAST SIDE OF MILITARY TRAIL, SOUTH OF LINTON BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO AG (AGRICULTURE) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EF.FECTIVE DATE. WHEREAS, MDL Realty Co., a Michigan Partnership, c/o Z .E. Taheri, M.D., is the fee-simple owner of a parcel of land lying and being in Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, as the same is more particularly described herein; and WHEREAS, Kiernan J. Kilday, Kilday & Associates, as the duly authorized agent for the fee-simple owner as hereinabove named, has requested by petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described ~s contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the designation of a zoning classification is part of the annexation proceeding, and provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described lands located in Palm Beach County, Florida, which lies contiguous to said City to-wit: , ,- .---..-----.------ -- The Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4), LESS the West 40 feet thereof for road right-of-way, and LESS the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4), all in Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida. The subject property being generally located on the east side of Military Trail, south of Linton Boulevard; and containing 35.43 acres of land, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Chapter -Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District AG (Agriculture) as defined by existing ordinances of the City of Delray Beach. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected~and persons residing thereon shall be deemed citizens of the City of D,rl~ Beach, Florida. 5jO~ ~p~ u.iol?P1f1Ct Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 8. That this ordinance shall become effective immediately upon passage on second and final reading. - 2 - Ord. No. 44-93 . --.--- .-------- ...----.--.---.. - - --- - --- ----.----'--.- ----. --'- - -- PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: :ity Clerk First ~ng Second Reading - 3 - Ord. No. 44-93 " ~ ~ C I T Y COM MIS S ION DOC U MEN TAT ION ,-- TO: . ROBERT A. BARCINSKI, ACTING CITY MANAGER / I \ " C~, ~/ \ J ~~,~, ( 1,C'/1 FROM: DAViD J. KOVACS, DIRECTO~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 22, 1993 ANNEXATION AND INITIAL ZONING, TAHERI PROPERTY ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which effects the annexation of the Taheri property w~th an initial municipal zoning of Agriculture (Ag). The property involves approximately 35 acres located on the east side of Military Trail, south of Linton Boulevard. BACKGROUND: Attached is the Planning and Zoning Board staff report which provides a full description and analysis of this annexation and initial zoning consideration. Previously on the City Commission agenda, a public hearing was conducted on a related Plan (FLUM) Amendment. Since the requested initial zoning is that of Agriculture, and it is applied as a "holding" zone, it is appropriate to proceed with the annexation and zoning action without consummation of the FLUM Amendment. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and zoning Board formally reviewed this item at its meeting of June 14th and forwarded it with a unanimous recommendation of approval. At the Board's hearing~comments were entered by Sol Weinberger, representing Del Aire Homeowners Association, in general opposition to proceeding. Also, Carol Stanley entered comments pertaining to statements in the staff report about the location of a previously identified collector street and characterization of the hammock grove found on the Blood's Grove property. City Commission Documentation Annexation & Initial Zoning, Taheri Property Page 2 RECOMMENDED ACTION: By motion, approve the Ordinance on first reading; and schedule second reading for July 29th. Attachment: * P&Z Staff Report & Documentation of June 14, 1993 DJK/CCT.DOC ,0, . PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- . MEETING DATE: June 14, 1993 , AGENDA ITEM: II. B. ITEM: Taheri Property- ABRexation & Initial Zoning If (Dew, 1'O'lIM UKTU) GENERAL DATA: LIMlO. - ... Owner. . . . . . . . . . . . . . . . . . . . MOL Realty Co. c\o Z. E. Taheri (lMcu DAI4"S (rIoCA- u.., rl.AZA) ICUIlSOlY1 Applicant................Kieran Kilday AJ(4 Kilday and Assoc. (uKTo1f OAltS) Location.................East side of Military (sount toUfrt WOOAL HUl11l Trail, south of Linton COOtI) Boulevard. Property Size............35.43 acres City Land Use Plan.......Medium Density - Residential Proposed Land Use Plan...Transitional County zonlng............AR (Agricultural Residential) Proposed zoning..........A (Agricultural - Holding Zone) (= ~ Adjacent Zoning...North: POC (Planned Office . c Center) .. - East: AR (Agricultural oJ - Residential - PBC) :a South: AR West: RS (Residential - Single Family - pac) and AR Existing Land Use........Wholesale nursery. proposed Land Use........Wholesale nursery. Water Service............Existing 12/1 water main along Military Trail. Sewer Service............Existing 8/1 sewer main serving the South County Professional plaza, to the north of the site. II.B. I T E M BEFORE THE BOA R 0: The item before the Board is that of making a recommendation on a voluntary annexation (pursuant to Florida Statue 171.044) with initial city zoning of AG (Agricultural). LDR Sections 2.4.5(C) & (D) provide the rules and procedures for the processing of this petition. The subject property is 35.427 acres and located on the east side of Military Trail south of Linton Boulevard immediately south of the South County Professional Building. B A C K G R 0 UNO: With the adoption of the City's Comprehensive Plan in November 1989 a need was identified for a future school site in the southwest portion of the City, in the vicinity of Blood's Grove and the Taheri property (subject property). In April, 1993 a request was received by the agent for. the Taheri property for annexation, Land Use Plan Amendment from Medium Density to CF and General Commercial, and an initial zoning of CF (Community Facility) and General Commercial. These land use actions were to accommodate a ten-acre elementary school and approximately 25 acres of future commercial development. Subsequent to the submission of these land use petitions the Palm Beach County School Board tentatively selected property within Blood's Grove as the site of the new elementary school. During preliminary review of the requests, the adjacent neighborhoods expressed opposition to the proposed commercial designation requested for the balance of the property. Given the uncertainty of the location of the school site and in response to concerns aired about General Commercial zoning, the applicant voluntarily amended his petition to seek a land use designation of "Transitional" and to continue annexation but with an A (Agricultural) zoning designation. PROJECT DES C RIP T ION: The Future Land Use Map (FLUM) designation and the annexation/ initial zoning items are processed separately. This report deals only with the subject of annexation and initial City zoning. The 35.427 acre site currently has two structures on it, a single family home and a barn used in conjunc'tion with the existing nursery operation. There is no proposal for a change or intensification of use. The applicant wishes to annex into the City, and continue the existing nursery operations under an agricultural holding zoning district. I . P&Z Staff Report Annexation and Initial zoning of Taheri Property Page 2 ANN E X A T ION A N A L Y S I S: Florida Statutes Governing Annexations: Pursuant to Florida Statue 171.044 "the owner or owners of real property in an incorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of Enclaves". * The owner of the subject property has petitioned for a voluntary annexation. * The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. The parcel is contiguous via the South County Professional Office Center to the north. The parcel does not abut Del Aire Golf Course to the south thereby not isolating the Bloods Grove and Foxe Chase subdivision into a separate enclave. Consistency between the City and County Future Land Use Map Designations: - The City's current Future Land Use Map designation for the parcel is "Medium Density 5-12 units per acre", while the County Land Use Designation is "MR-5 - Medium Residential 5 uni ts per acre". The applicant is seeking a change of the City Land Use designation to "Transitional". The Transitional land use designation allows residential development at a density between five and twelve units per acre and nonresidential development at an intensity equivalent to that associated with medium density residential uses. The subject of the designation on the Future Land Use Map is addressed in a separate report. Notwithstanding the above information, the City's FLUM designation will become effective upon annexation and completion of City Plan Amendment 93-2. Consistency With the City's Comprehensive Plan: Designated Annexation Area: This requested annexation is consistent with Policy B-3.4, of the City's Future Land Use Element which calls for the annexation of eligible properties. The property is shown wi thin the "designated annexation area" '2, southeast of Linton and Military Trail. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City {Future Land Use Policy B-3.!}. The following is a discussion of required services and potential provision levels. P&Z Staff Report Annexation and Initial Zoning of Taheri Property Page 3 police: This annexation will not require additional manpower as there is, limited use of the property. There is no need to expand patrol areas as the police currently pass the property while patrolling the City areas to the south and north of the site. With annexation, the property will receive a response time from between 4 minutes (emergency call) and 6 minutes (non-emergency call) from the Delray Police Department. Fire and Emergency Services: The annexation of this area will not require additional fire fighting nor para-medic equipment or manpower. The property will be served by Fire Station No. 5 (Germantown Road and Linton Boulevard) which is located approximately one mile away. With annexation, the property will receive an improved level of response time from the current 2 to 3 minutes of the County Fire Department (Pheasant Walk station) to 1 minute for the City Fire Department (Germantown Road and Linton Boulevard). Water: The existing nursery operation currently utilizes a well for all water use. The parcel has access to a 12" water main which runs along its property frontage down the east side of Military Trail. Full water service is available to the property. The responsibility for connections rests with the property owner. Future development of the property will require extension of the water main into, and through, the site to its eastern boundary. Looping of the mains for system integrity north to the South County Professional Office Center or south to the main wi thin Del Aire subdivision may be required to accommodate on-site development. The 300' required minimum fire hydrant spacing is not met in this area. The installation of a fire hydrant at the current point of entry to the on-site nursery should be programmed. Until that time, a pumper unit would respond to an on-site fire. Sewer: The existing nursery operation utilizes a septic field. The nearest sewer to the site is located north in the South County Professional Center. It is not required that connection to central sewer be made at this time. Development of the property will require accessing lift station No. 60A which is located west of the South County Mental Health Facility, approximately 800 feet north of this property. , P&Z Staff Report Annexation and Initial Zoning of Taheri Property Page 4 Streets and Traffic: Compliance with traffic concurrency does not apply to the annexation and initial zoning since a new zoning designation is not being imposed. Both the current County zoning designation and the proposed City zoning designation is Agricultural. With future rezoning and/or review of a development proposal, a finding of compliance with traffic concurrency will need to be made. Upon development of the site, a portion of a planned 80' collector road which will run between Linton and Military Trail is to be accommodated. With the initial annexation petition a conceptual plan was provided showing the general layout of a middle school, the location of the proposed 80' collector roadway, drainage retention areas and the private development areas. Although the concept plan is not applicable to the current annexation'request, the following is highlighted to assure that future development will accommodate it. The proposed alignment of the collector road was shown extending east across the property and terminating at the western edge of a~ ~nvirenm~fttallv 8eftsitiv~ Hammock stand -, on the Bloods Grove property. In the City's Comprehensive Plan this stand of trees has been identified as an area which is to be preserved. Preservation of the hammock grove will require realignment of the eastern portion of the roadway approximately 200' to the north. Parks: The current use of the property (nursery) does not create a demand for park usage. Thus, there will be no change to this service upon annexation. Future development of the parcel with residential units will require compliance with the City's regulations for payment of an in-lieu parks fee. currently that fee is established at $500 per residential unit. [Ref: LDR Section 5.3.2.(C)(1)] Solid Waste: As there is no change in actual land use and there is no change in destination landfill, there is no impact to solid waste disposal. However, there will be change in purveyor of the service. Fiscal Impacts: Affect upon the annexed property: For the 1992 tax year the Taheri property had an assessed value of $798,295. An Agricultural exemption has been granted for the property; thus, the taxable value of the property is $194,653. P&Z Staff Report Annexation and Initial Zoning of Taheri Property Page 5 With the ,change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue Mstu 2.3879 Deleted (County) Library .3885 Deleted (County) City of Delray Beach 6.2000 Added (City) City of Delray Beach Debt .9500 Added (City) +4.3736 Difference * * Total tax millage in the County is 19.38 mills while in the City the total millage rate is 23.75 mills. The Taheri property will have an increase in taxes from approximately $3,77.2 to $4,623 a year (an increase of approximately $851). In addition to property taxes, 'the following Non Ad Valorem fiscal impositions apply. Delray Beach Storm Water utility - This City assessment will be approximately $27.00 a year based upon the combined impervious area for the single family structure and the nursery structure/barn. Solid Waste Authority - A reduction in collection rates from approximately, $255.00 to $119.00 a year should be experienced. Affect Upon City Revenues/Expenses: At the 1992 City millage rate of 6.20 mills and debt rate of .95 mills, the Taheri property will provide $1,206.84 and $184.92 respectively in new ad Valorem taxes to the City per year. This is a total property tax increase of $1,391.76 a year. In addition, $27/year is to be realized in the storm drainage assessment. Additional revenue will be realized through the annual collection of an occupational license fee for the nursery operation. As the property will be utilizing its current agricultural use per capita reimbursements will not be realized; nor will there be revenue to the water and sewer enterprise funds. While the City will not receive any substantial revenue from this annexation, it will not incur significant demand for the provision of services. ., P&Z Staff Report Annexation and Initial Zoning of Taheri Property Page 6 Z 0 N I N G A N A L Y S I S: The proposed initial City zoning of "Agricultural" is being affixed to the entire property to serve as a holding zone pending the formation of development plans. This designation will allow the continuation of the existing nursery business as well as the existing agricultural exemption status. With further development of the site, the applicant will be required to submit a formal rezoning request. The current County zoning designation for the parcel is AR (Agricultural Residential). The proposed initial City zoning designation is AG (Agricultural). There is no change in the actual land use which will occur on the property. R E QUI RED FIN 0 I N G S: (CHAPTER 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applicat~ons, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The applicant is seeking an "Agricultural" zoning district which will act as a "holding" zoning designation as no development is contemplated at this time. The agricu~tural zone district is considered compatible with any land use designation when used in this capacity. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of an existing nursery operation and related single family home with no new development proposed at this time. There will be no change in the manner in which water, sewer, drainage, and street/traffic services are provided. Fire, Police, EMS, and Solid Waste services will shift to a different provider; however, all these services will be equal to or enhanced (see annexation analysis for details). P&Z Staff Report Annexation and Initial Zoning of Taheri Property Page 7 Compliance with Land Development Regulations: The existing nursery (agricultural) use is in compliance with the proposed zoning of Agriculture. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Zoning), along with the required findings in Section 2.4.5, shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) Performance Standard 3.3.2 (A) states that a rezoning to other than cF within stable residential areas shall be denied. As the property and adjacent parcels are not developed for residential purposes this standard does not apply. B) Performance Standard 3.3.2(D) states: That the rezone shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial zoning designation will accommodate the existing nursery use and acts as a "holding zone" pending a future development proposal. The existing agricultural land use is compatible with other agricultural uses to the west and east and office uses to the north. Pursuant to Section 2.4.5(0)(1), a justification statement providing the reason for which the change is being sought must accompany all rezoning requests. The Code further identifies certain valid reasons for approving the change being sought. As this zoning petition is an initial zoning designation to be assigned to property being annexed and the zoning is essentially the same as exists under current County regulations, the above section does not apply. R B V I E W B Y 0 THE R S: The annexation is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority), or the CRA (Community Redevelopment Agency) . P&Z Staff Report Annexation and Initial Zoning of Taheri Property Page 8 On May 24, 1992 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date a response has not been received. Courtesy notices were sent to: * the City of Boca Raton (within 1/4 mile), * Helen Coopersmith (PROD), * Erminio P. Giuliano (Foxe Chase) * Saul Weinburger (Del Aire), * Jim Goggin (Shadywoods), * Gretchen Bacon (Oakmont) * Spanish Wells Condo Association, * Country Lake Association, and * Shadywoods Homeowners Association. ASS E SSM E N T AND, CON C L U S ION S: Accommodating the annexation of the Taheri property and affixing initial City zoning of AG (Agriculture) is consistent with the -, City's program for annexation of territory within its planning and service area. There appear to be no adverse implications of this annexation and zoning consideration. By accommodating the annexation at this point in time, both the City and the property owner will be able to more efficiently process any future development proposal. Also, annexation at this time will further reduce confusion in the provision of services to unincorporated areas which lay east of Military Trail. As stated previously, there is an accompanying land use designation request being concurrently processed. Technically, a municipality is to annex property and effect a land use designation. It appears appropriate in this situation that the annexation proceed to completion regardless of the action on the accompanying land use item. We note that the land use action will provide a more intense designation than is accommodated under the County FLUM. This conclusion is reached on the basis that the applicant is completing the annexation and initial zoning process in order to be in a better position to accommodate future development options. Except for a minor increase in taxes and fees, there appears to be no downside to consummation of the annexation. P&Z Staff Report Annexation and Initial Zoning of Taheri Property Page 9 A L T ERN A T I V E S: A. Continue with direction. B. Recommend approval of the annexation request with initial zoning designation of AG (Agricultural). C. Recommend denial of the Annexation petition with reasons stated i.e. a failure to make appropriate findings. S T A F F R E COM MEN 0 A T ION: By motion: Recommend approval of the Annexation request with an initial zoning designation of AG (Agricultural) based upon positive findings with respect to Section 3.1.1, Section 3.3.2, Section 2.4.5 (D)(l)- and policies of the Comprehensive Plan and upon the following findings: That the property is contiguous, reasonably compact and does not create an enclave. That services will be provided to the property in a manner similar to other similar properties within the City. 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