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07-13-96 Regular . ~ . CITY OF.DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING JULY 13, 1993 - 6:00 P.M./PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS *************************************************************************** The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or 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. *************************************************************************** RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on each item listed under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist, and at the discretion of the Commission, a citizen may speak on any official agenda item under these sections. 2. SIGN-IN SHEET: Prior to the meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right hand side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item The purpose of the sign-in sheet is to assist with record keeping. Therefore, when you come to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further to the Commission unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. " '. City Commission Agenda Meeting of July 13, 1993 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 proceed- ings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. AGENDA l. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. 5. Approval of Minutes: Special Meeting of June 17, 1993 Regular Meeting of June 22, 1993 Special Meeting of July 6, 1993 6. Proclamations: 0· "To Tell The Truth: America Speaks Out About Incest and Sexual Abuse" - August 1, 1993 @. Parks and Recreation Month - July 1993 7. Presentations: /A. Resolution No. 68-93: A resolution recognizing and commending Nancy G. Roti for over 21 years of dedicated service to the City of Delray Beach, Florida. .lB. Resolution No. 69-93: A resolution recognizing and commending Susan H. Morrison for 20 years of dedicated service to the City of Delray Beach, Florida. 8. Consent Agenda: City Manager recommends approval. A. RESOLUTION NO. 70-93: A resolution authorizing the City to donate one 1989 Ford Crown Victoria police car to MAD DADS. B. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY: Approve an interlocal agreement with Palm Beach County for joint participation in the West Atlantic Avenue Improvements Project from 1-95 to Military Trail. -2- ., City Commission Agenda Meeting of July 13, 1993 C. ACCEPTANCE OF UTILITY EASEMENT DEED AND AGREEMENT/ISLES OF DELRAY: Accept a six foot utility easement over Lots 21 and 22, Block 4, Amended Plat of Isles of Delray, Section 2, and approve an agreement which provides that should the City install utility improvements in the drainage canal located east of Lots 21 and 22 that the easement shall be subsqueous and shall not inhibit navigation. D. REQUEST TO USE BANKER'S ROW PARKING LOT/APPROVAL OF TEMPORARY USE AGREEMENT: Approve a temporary use agreement between the Banker's Row Homeowners Association and the City for use of the Banker's Row parking area on Saturday, July 31, 1993, for the purpose of holding a garage sale. E. RENEWAL OF AGREEMENT WITH SCHOOL BOARD FOR EMERGENCY MEDICAL TECHNOLOGY TRAINING: Approve a renewal of the existing agreement between the City and the Palm Beach County School Board which permits EMT students from vo-tech programs to observe EMT practices, to be effective for the period July 1, 1993, through June 30, 1994. F. CHANGE ORDER NO. 2 AND REQUEST FOR FINAL PAYMENT/ALTAIR MAINTENANCE SERVICES, INC. : Approve a deduct change order in the net amount of $11,365.52 and a request for final payment in the amount of $3,865.01 from Altair Maintenance Services, Inc. for the Inflow/Infiltration Program; Repair, Rehabilitation and Replacement of Sanitary Sewers and Manho Ie s ; with funding from 1991 Water and Sewer Bond - Repair and Replacement Sanitary Sewer/Manholes (Account #447-5169-536-60.31) . G. CHANGE ORDER NO. 1 AND REQUEST FOR FINAL PAYMENT/COLONNA CONSTRUCTION CO., INC. : Approve a deduct change order in the net amount of $2,685.08 and a request for final payment in the amount of $1,500.00 from Colonna Construction Co., Inc. for Allamanda Gardens Subdivision Drainage Improvements; with funding from General Construction Fund - Allamanda Gardens Improvements (Account #334-1978-554-60.69). H. APPOINTMENT OF OUTSIDE COUNSEL/VERNA AND JAMES COOK: Authorize the appointment of Carson, Linn and Atkins as outside counsel to represent the City in the above referenced cases. I. RESOLUTION NO. 65-93: A resolution assessing costs for abatement action necessary to demolish an unsafe structure located at 105 S.W. 7th Avenue. J. RESOLUTION NO. 66-93: A resolution assessing costs for abatement action required to remove nuisances on 22 properties throughout the City. -3- .. City Commission Agenda Meeting of July 13, 1993 K. RESOLUTION NO. 67-93: A resolution assessing costs for abatement action required to remove nuisances on four properties within the City. L. AWARD OF BIDS AND CONTRACTS: 1. Automotive Parts - Annual Contract - Award to low responsive bidders (various vendors) at an estimated annual cost of $22,993.39; with funding from Garage Inventory - Parts (Account #501-3311-591-52.50). 2 . Gehl Skid Steer Loader Tractor - Streets Division - Award to Tri-County Equipment Sales & Service, at a cost of $32,457 via FDOT Contract #DC2892Rl; with funding from City Garage - Automotive (Account #501-3312-591-64.20). 3 . Landscape Maintenance Service Contract for Homewood Boulevard, West Linton Boulevard, and three medians on Military Trail - Award to Seagull Industries for the Disabled, Inc. as the low responsive, responsible bidder, at an annual cost of $40,565; with funding from Beautification Trust Fund/Beautification Maintenance (Account #119-4144-572- 46.40) . 4. Roadway Reconstructión Plan (East of Intracoastal)/ Project No. 92-02, and S.E. 5th Street Pavement and Utility Improvements (From FEC RR to 4th Avenue) - Chaz Equipment Co. , Inc. in the amount of $1,349,381.45; with funding from . Decade of Excellence (Acct. #225-3162-541- 61.17); Utility Account #442-5178-536-61.78 and #442-5178-536-61.84; subject to pending transfers. 9. Regular Agenda: ~ ~REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site PIan Review and Appearance Board and the Historic Preservation Board during ~he period June 21, 1993, to July 9, 1993. . MODIFICATION TO THE DEVELOPMENT ORDER FOR THE WATERFORD PLACE DRI: Provide direction regarding proposed modifications to the Waterford DRI Development Order. éS) ~AMENDMENT TO CARVER REUSE REPORT: Approve an amendment to , the Carver Reuse Report and direct staff to forward the amendment to the School Board for the purpose of developing an action plan. ~ ~RESOLUTION NO. 71-93/EXTENSION OF SUNSET DATE FOR THE NEIGHBORHOOD TASK TEAM: Consider Resolution No. 71-93 which extends the established sunset date for the Neighborhood Task Team from July 31, 1993, to December 31, 1993. -4- '. City Commission Agenda Meeting of July 13, 1993 @. )REQUEST FOR WAIVER OF ROADWAY IMPROVEMENT OBLIGATIONS: Consider a request for waiver of LDR Section 5.3.1(E) (2) relative to roadway improvement obligations for Calvary Baptist Church. Œ? ) APPROVAL OF CONSULTING FIRMS FOR SERVICES ASSOCIATED WITH REDEVELOPMENT EFFORTS: Consider approval of three consulting firms to provide continuing services for market analysis and project feasibility studies in conjunction with redevelopment efforts. @ j WAIVER OF BID REQUIREMENTS AND CONTRACT AWARD/GOLF COURSE GREENS REGRASSING PROJECT: Waive bid and bond requirements and award a contract to Rapid Turf, Inc. (sole source) in the amount of $83,970 for the regrassing of 18 greens at the Municipal Golf Course; with funding from Golf Course/Other Improvements (Account #445-4761-572-63.90). ~ J APPROVAL OF BUDGET TRANSFER AND AWARD OF BID/CHARLES S. WHITESIDE, INC.: Approve bid award to Charles S. Whiteside, Inc. in the amount of $65,400.00 for Pompey Park Tennis and Basketball Court Reconstruction project; with funding from Pompey Park/Tennis Courts/Basketball Courts (Acct. #334-4172-572- 63.01), subject to approval of budget transfer from General Construction Fund Prior Year Surplus in the amount of $35,400.00; with additional funding from Community Development Block Grant Fund in the amount of $30,000.00 ~ ~RESOLUTION NO. 54-93: 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 for the operating funds of the City. J. J ALLOCATION OF COMMUNITY REDEVELOPMENT AGENCY LOAN REPAYMENT: Consider staff's recommendations for the allocation of the CRA loan repayment. ~ ~ SERVICE AUTHORIZATION NO. 14/HAZEN & SAWYER: Consider a service authorization with Hazen & Sawyer in the not-to-exceed amount of $7,248.00 for engineering consulting services for the preliminary design phase of the barrier island stormwater pump station network; with funding from Stormwater Utility - Engineering (Account #448-5411-538- J 31.30). City Manager recommends approval. ~ CHANGE ORDER NO. 3/MEREDITH ASSOCIATES: Consider a change order in the amount of $4,600.00 and extension of the contract completion date by fifty (50) days for permitting and construction necessary for the abandonment of two former test wells lying within the Carter/Jog Road right-of-way; with funding from Repair and Replacement - Well Rehabilitation & Replacement Program (Account #442-5178-536- 61.82) . City Manager recommends approval. -5- '. " City Commission Agenda Meeting of July 13, 1993 ,. ) CHANGE ORDER TO ANNUAL CONTRACT WITH JOHNSON-DAVIS, INC. : Consider a change order to the annual contract with JOhnson-Davis, Inc. in the amount of $93,500.00 for the construction of West Atlantic Avenue Sanitary Sewer Extension; with funding from Repair and Replacement - Manhole Rehabilitation (Account #442-5178-536-61.84) . City Manager recommends approval. N.~ AMENDMENT NO. 5 TO SERVICE AUTHORIZATION NO. 5/CH2M HILL: Consider Amendment No. 5 to Service Authorization No. 5 with CH2M Hill in the amount of $14,200.00 for engineering services provided to the City during the five month extension to the construction period for the Water Treatment Plant Lime Softening Conversion project; with funding from 1991 Water and Sewer Bond - Water Plant Conversion (Account #447-5164- h36-31.30) . O. CHANGE ORDER NO. 13 AND REQUEST FOR FINAL PAYMENT/ELKINS CONSTRUCTORS, I NC . : Consider a deduct change order in the net amount of $4,500.00 and a request for final payment in the amount of $221,902.87 from Elkins Constructors, Inc. for the Water Treatment Plant Lime Softening Conversion project; with funding from 1991 Water and Sewer Bond - Water Plant Conversion (Acct. #447-5164-536-60.31) and Repair and Replacement - Equipment Replacement Program (Account #442- 5178-536-61.76) . P. ;f SERVICE AUTHORIZATION NO. 6/CURRIE SCHNEIDER ASSOCIATES: Consider a service authorization in an amount not to exceed $4,851.06 to the contract with Currie Schneider Associates for construction administration services during the extended contract period for the Veterans Park Redevelopment Project; with funding from Decade of Excellence Bond Issue - Veterans Park Redevelopment (Acct. #225-4126-572-61.63) . ~ ~PROPOSED OFFER OF SETTLEMENT/GILLESPIE V. CITY OF DELRAY BEACH. Q) ~APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a member to fill the expired term of Anne Bright, to a term ~nding July 1, 1996. ~ APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint members to fill the expiring terms of four members, to terms ending July 9, 1997. ø MEMBERSHIP ON CITY BOARDS: Provide direction with regard to an individual serving on two City boards simultaneously. J~~MINATION OF A REPRESENTATIVE TO SERVE ON UNIVERSITY PARKWAY TASK FORCE: Nominate a representative from the City of Delray Beach to serve on the University Parkway Task Force as established by the Board of County Commissioners. l?J /JorE, ft{)t)&JOWl) -6- .. '. . . City Commission Agenda Meeting of July 13, 1993 10. Public Hearings: vA. hRDINANCE NO. 43-93: An ordinance amending the city's code with regard to Newsracks, Benches and Other Unattached Fixtures in the Right-of-Way. jB. INTENT TO SELL CITY PROPERTY: Approve the sale of property described as the South 1/2 of Lot 19 and all of Lot 20, Block 88, Linn's Addition to Osceola Park, for public purposes pursuant to a contract entered into between the City and Habitat for Humanity. 11.vlcomments and Inquiries on Non-Agenda Items from the Public - ~ediate1Y following Public Hearings. A. City Manager's Response to Prior Public Comments and j Inquiries. From The Public. 112. First Readings: J' ORDINANCE NO. 45-93: An ordinance - correcting the zoning classificationfor the Palm Trail Medical Building located at 909 N.E. 9th Avenue from RM (Multiple Family Residential - Medium Density) to POD (Professional Office District) . If passed, public hearing will be held July 27, 1993. y< ORDINANCE NO. 46-93: An ordinance amending the Land Development Regulations by adding "Auto Brokerage" as a conditional use in the General Commercial (GC) Zone District. If passed, public hearing will be held July 27, 1993. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -7- ,. CITY OFDELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JULY 13. 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: V. RESOLUTION NO. 72-93: A resolution objecting to the proposal of Palm Beach County that the Wetlands Protection Section of the Unified Land Development Code be adopted under the auspices of the Environmental Control Act, thus being countywide¡ even within the incorporated area!3 of Palm Beach County¡ in derogation of the recently approved agreement between the Board of County Commissioners and the Palm Beach County Municipal League relative to countywide 'o~dinance procedures. '. ,.,.,. " CITY DF DELRRY HEREM 1 CO " :: ;:.. ';'::'"\J :.J¿ OE: L~M~' ~,::A'>-' ~ _,~4 ::...:... _~"¡'¡4 PROCL-LHA flO\ WHEREAS, one in three women and one in five men are victims of incest or childhood sexual abuse¡ and, WHEREAS, the magnitude of the effects of these crimes on individual victims and society as a whole is difficult to comprehend; and, WHEREAS, child sexual abuse is one of the few community problems that can be eliminated by talking about it and raising public awareness¡ and, WHEREAS, "TO TELL THE TRUTH: AMERICA SPEAKS OUT ABOUT INCEST AND SEXUAL ABUSE" is going to be an event to recognize these devastating effects and the courageous efforts undertaken by survivors of these crimes to heal¡ and, WHEREAS, this event is going to occur on a National level on August 1, 1993¡ and, WHEREAS, South Florida will be participating by presenting speakers and performers, from both the private and public sectors, sharing hope with survivors and supporters at Palm Beach Community College, beginning at Noon on Sunday, August 1, 1993. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim August 1, 1993, in Delray Beach as a day of recognition for the healing from incest and sexual abuse and join the South County in raising public awareness to make the world a safer place for the children of today and of the future. 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 13th day of July, 1993. MAY 0 R THOMAS E. LYNCH SEAL 108 '. ,. CITY DF DELRRY BEAEH 100 '¡,'; , "'::"."J;::"';c;E :Ji:_":"; ,..::.. :j~ÄI~'- __1__:':;. :J;"~3444 PROCLAMA TION WHEREAS, recreation enhances the health and well-being of people of every age, young and old, able and disabled; and, WHEREAS, the importance of recreation must be continually reemphasized in a technologically advanced society such as ours; and, WHEREAS, all citizens can enjoy self-renewal in the out-of-doors through green spaces and facilities in parks; and, WHEREAS, our State parks are major attractions each year, not only for our own citizens, but also for the millions of visitors to Florida; and, WHEREAS, we, as a Nation, must have an awareness of the potential value to us of leisure and recreational activities, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim July, 1993, as "PARKS AND RECREATION MONTH" in Delray Beach and urge that attention be directed to the many ways in which park, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so every citizen will have the opportunity to develop meaningful and satisfying leisure activities. 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 13th day of July, 1993. " MAY 0 R SEAL ~A '. . . --- -.-- - -.---~---~-- ---- ---- RESOLUTION NO. 68-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA¡ RECOGNIZING AND COMMENDING NANCY G. ROTI FOR OVER TWENTY-ONE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Nancy G. Roti was hired by the City of Delray Beach¡ Florida¡ on November 15¡ 1971¡ and¡ WHEREAS¡ Nancy G. Roti reached a milestone in her career on November 15¡ 1993¡ and, .;¿ WHEREAS¡ this milestone was achieving twenty-one (21 ) years of full-time public service with the City of Delray Beach¡ Florida¡ and, WHEREAS, Nancy G. Roti has been a faithful and dedicated employee in the City Manager's Office for these past twenty-one years and nine months; and, WHEREAS, Nancy G. Roti has consistently performed any and all duties required of her in an exceptionally mature professional manner, exhibiting initiative, competence and loyalty¡ and, WHEREAS, Nancy G. Roti will retire from employment with the City of Delray Beach effective July 16, 1993¡ and, WHEREAS, the services and knowledge provided by this dedicated employee will be missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby congratulates and expresses its sincere thanks and appreciation to Nancy G. Roti for over twenty-one years of dedicated, faithful, public service with the City of Delray Beach, and further wishes her the best of health and happiness in her retirement. PASSED AND ADOPTED in regular session on this the 13th day of July, 1993. MAY 0 R THOMAS E. LYNCH ATTEST: City Clerk 7A '. " - . ---..... ------------ --------- - RESOLUTION NO. 69-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH¡ FLORIDA¡ RECOGNIZING AND COMMENDING SUSAN H. MORRISON FOR TWENTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. ! WHEREAS¡ Susan H. (Sue) Morrison was hired by the City of Delray Beach¡ Florida¡ July 9¡ 1973¡ and¡ WHEREAS, Susan H. Morrison will reach a milestone in her career on July 9, 1993¡ and, WHEREAS, this milestone is achieving twenty (20) years of full-time public service with the City of Delray Beach, Florida; and, WHEREAS, Susan H. Morrison has been a faithful and dedicated employee in the City Clerk's Office for these past twenty years¡ and, WHEREAS, Susan H. Morrison has consistently performed any and all duties required of her in an exceptionally mature professional manner, exhibiting initiative, competence and loyalty¡ and, WHEREAS, Susan H. Morrison will retire from employment with the City of Delray Beach effective July 16, 1993¡ and, WHEREAS, the services and knowledge provided by this dedicated employee will be missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach¡ Florida, hereby congratulates and expresses its sincere thanks and appreciation to Susan H. Morrison for twenty years of dedicated, faithful, public service with the City of Delray Beach, and further wishes her the best of health and happiness in her retirement. PASSED AND ADOPTED in regular session on this 13th day of July, 1993. MAY 0 R ATTEST: City Clerk 78 '. " ¡ ..., - ý' v~"-='- . ,,~ ~, --..;~ ~ ~ '~.~ nl=~ no" ""1P"r'1'i1 - . 1:# . ' . . ..4t ~1 ".ooJ,-1ð1 ., ,"", :;,: !' i-, .r'ì t t MEMORANDUM RE:Ct::~1 Ii '. , t::l... Date: June 22, 1993 JUN 2 2 1993 CI ry MANA To: City Commission GEQ'S' ' '. OFFlCt From: Eric D. Hightower, police Legal Advisor Subject: Resolution Authorizing the City to Donate a Car to MAD DADS Attached for your consideration is a copy of Resolution No. 70-93 authorizing the City to donate one 1989 Ford Crown Victoria police car to MAD DADS of Greater Delray Beach. The purpose of the resolution is to foster a better working relationship between the Delray Beach Police Department and the community. Additionally, donating a car to MAD DADS will allow them greater flexibility in fighting criminal activity in the community. As title to the vehicle will be transferred to MAD DADS, the City will incur no liability as towards the vehicle's use. Also, no funds will be expended by the City, as MAD DADS will pay all costs of title transfer. The resolution will be effective upon passage. EDH:sh Elf!, "- Attachment cc: DavId HardeR, City Manager Susan Ruby, City Attorney ¿f.Il. · -- -.--- .---.. ~-----"--"-'-"" -_._--------~- -'-'-'- - RESOLUTION NO. 70-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO DONATE ONE 1989 FORD CROWN VICTORIA, V.LN. #2FABP72F6KXI72929, MILEAGE 74,865, TO MAD DADS OF GREATER DELRAY BEACH. WHEREAS, the City of Delray Beach, Florida, wishes to donate this former Delray Beach Police vehicle to MAD DADS for the purpose of crime prevention activities within the City; and WHEREAS, it is in the best interest of the City to assist , MAD DADS of Greater Delray Beach in their efforts to rid our city of I the drug problem. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby authorizes and directs the Delray Beach Police Department to donate one (1) 1989 Ford Crown Victoria, V.LN. #2FABP72F6KX172929, to MAD DADS of Greater Delray Beach. Section 2. That the costs of transfer of title shall be borne by MAD DADS of Greater Delray Beach. Section 3. That the terms and conditions contained in the transfer of title between the City of Delray Beach, Florida, and MAD DADS of Greater Delray Beach as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on this the 13th day of July, 1993. ~~E~L- r- M A Y{.1T R ATTEST: o /, (ym '/¡J1f~ IV ~ !Io7J¡r C~ty erk '. " . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ty).;f SUBJECT: AGENDA ITEM # '8'8 - MEETING OF JULY 13, 1993 INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY DATE: JULY 8, 1993 This item is before the Commission to approve an interlocal agreement with Palm Beach County for joint project participation regarding utility adjustments required in conjunction with the County's roadway improvements to West Atlantic Avenue from Military Trail to 1-95. The project is scheduled for bidding in December, 1993, and execution of the agreement is required by both parties prior to receipt of bids. Subsequent to bidding, a supplementary agreement will be submitted for approval which will identify specific project costs to be paid by the City. Funding for the project will be from Repair and Replacement - West Atlantic Water Main Relocation (Account #442-5178-536-64.13). The agreement has been reviewed by the City Attorney's Office and approved as to form and sufficiency. Recommend approval of the Interlocal Agreement with Palm Beach County for joint project participation for the West Atlantic Avenue from Military Trail to 1-95 project. ref:agmemol3 " " . Agenda Item No.: AGENDA REQUEST Date: June 18, 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 an Interlocal Agreement with Palm Beach County for joint project participation regarding utility adjustments required in conjunction with County Project #88540B for improvements to West Atlantic Avenue from Military Trail to 1-95. The project is scheduled for bidding in December, 1993 and the City's participation will be funded from account #442-5178-536-64.13. ~ l~ Subsequent to bidding, a supplementary agreement will be submitted for approval which will identify specific project costs to be paid by the city. Delray Beach Project No. 91-028. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of 1nterlocal Agreement. D7partmen~ Head ~~ ~ þ//8/rJ S~gnature. j /'7).-:. l · City Attorney Review/Recommendation (if applicable) Budget Director Review ~ed on all items involving expenditure of funds): Funding available: Y NO Funding alternatives tif~qabl~~ ' Account No. & De.scriPtionM-7~-Ç:,f7K-.st:50. (ptp:.f3 W.N C. Wí~ ItJ Account Balance (S::fJ rw ~ CAT/oj # City Manager Review: ~~ Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved " "'1 I' , , . ,,",'V . _j_~ (j . ; ":( . ,- /-1 <' I (.-, <' , l' ¡~!:?f~/~ '\ ø· .\( MEMORANDUM TO: Robert A. Barcinski Asst. City Manager/Administrative Services THRU: William H. Greenwood tlJt/1Ø Director of Environmental Services FROM: Richard C. Hasko Deputy Director of Public Utilities SUBJECT: WEST ATLANTIC AVENUE UTILITY ADJUSTMENTS - PROJECT NO. 91-028 DATE: June 18, 1993 Attached is an agenda request and copy of an Interlocal Agreement with Palm Beach County for joint project participation regarding utility main adjustments required in conjunction with County Project #88544B for improvements to West Atlantic Avenue between Military Trail and 1-95. The project is scheduled to be bid in December, 1993. Subsequent to bidding, a supplementary agreement will be submitted for approval which will outline specific costs to the City for construction of the utility main adjustments. The project will be funded from account #442-5178-536-64.13. G~(~ Richard C. Hasko RCH : smm ATT: File: Memos to Asst. City Manager Project No. 91-028(D) ,. ,·,f .. Board of County Commissioners County Administrator Mary McCartY, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Carol A. Roberts Deparbnent of Engineering Warren H. Newell and Public Works Burt Aaronson Maude Ford Lee . June 16, 1993 city of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 ATTN: Hr. Richard C. Hasko, P.E. Director of utilities RB: JODl'.r PROJBC':r PDTJ:CJ:PATJ:OB AGRBBJID1'.r . HST ATLaJr.rJ:C A~lSJuJS PROX KXLXARY '.rRA:IL 'l'O X-95 PBC I 88540 B Dear Mr. Hasko: We are enclosing three original joint project participation agreements for the above projects. Bids are scheduled to be taken for the above referenced project in December of 1993. Execution by both parties is required prior to receipt of bids. Therefore, the city's prompt action is necessary. Please have '811 three (3) copies executed in the original and return to this office as soon as possible. Your attention to this matter is greatly appreciated. Sincerely, John H. Carroll, P.E., Director Roadway Production JHC:cs Ene. cc: L. Javier Lopez, P.E., Program Manager/Roadway Production Ronald Terrell, P.E., Roadway Production Carl Miller, Director/construction Coordination "An Equal Opportunity - Affirmative Action Employer" @ printed on røcycled PSpB' Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000 ,. ,.;·1 " AGREBMENT BBTWEBN THB CITY OF DBLRAY BEACH AND PALM BEACH COUNTY, FLORIDA FOR JOINT PROJBCT PARTICIPATION IN CONSTRUCTION FOR WEST ATLANTIC AVENUE FROM MILITARY TRAIL TO 1-95 PALM BEACH COUNTY, FLORIDA PALM BBACH COUNTY PROJECT NO. 88540 B THZS AG~, made and entered into this day of 19_, by and between the COUNTY OF PALM BEACH, a political subdivision of the state of Florida, hereinafter called and referred to as the "COUNTY" and the CITY OF DELRAY BBACH, a municipality in the State of Florida, hereinafter called and referred to as the "CITY", . I ~ . B S S B ~ H : . 1IJIBDAS , the CITY and the COUNTY are authorized to enter into this aqreement pursuant to section 163.01, Florida Statutes, as amended, which permits local qovernmental units to make the most efficient use of their powers by enablinq them to cooperate with other localities on a basis of mutual advantaqe; and 1IJIBDAS, the COUNTY has caused to be prepared roadway construction plans and specifications for improvinq West Atlantic Avenue from Military Trail to 1-95; and 1IJIBRBAS , the CITY has caused to be prepared utility construction plans and specifications for the utility relocation and adjustments, and expansion of the sewer lines for the aforementioned portion of West Atlantic Avenue from Military Trail to 1-95, which will serve portions of its service area; and 1 '. '. ~.~R, both CITY and the COUNTY declare that it is I in the public interest that the utility relocation adjustments, and expansion of the sewer lines be constructed with the aforementioned West Atlantic Avenue from Military to 1-95 improvements; and 1IBBRBAS , the CITY has budqeted funds for the utility relocation and adjustments and expansion of the sewer lines alonq the authorized service section of West Atlantic Avenue from Military Trail to 1-95; and WllBUU, the 'CITY is desirous of fundinq the costs for the utility adjustments and expansion of water and sewer lines which .ould benefit the CITY; and 1IBBRBAS , the CITY will perform all inspections, testinq and certifications required for the utility relocation and adjustments and expansion of the sewer lines to insure compliance with their specifications and permits; IIOW, TIIB~RB, for and in consideration of the mutual covenants contained herein, the Parties to this Aqreement aqree as follows: 1. The recitals set forth above are hereby adopted and incorporated in this aqreement. 2. The COUNTY aqrees to: A. Advertise for bids, submit bids to the CITY for review, and award a contract for the improvements for West Atlantic Avenue from Military to 1-95 for the utility adjustments and expansion of the water and sewer lines which are to be owned by the CITY. 2 '. '. B. Administer the above contract and administer the tunds in accordance with this Agreement. C. Supply the CITY with a contract audit in accordance with standard accounting procedures which reflects total, final costs of the utility relocation and adjustment, and expansion of the sewer lines, upon completion ot this project. D. To the extent the County is charged with design tor the roadway construction plans of the project, the COUNTY agrees to be responsible for any and all liability vith regard to its pertormance of the requirements of this . agreement. 3. The CITY agrees to: A. Use a protessional engineer selected by the CITY to prepare design plans tor the utility relocation and adjustments, and expansion of the sever lines and obtain all necessary permits for the project. B. pay the costs of engineering services to accomplish design plans for the utility relocation and adjustments, and expansion of the sever lines for the project. C. provide or cause to be performed all inspection services for the utility relocation and adjustments, and expansion of the sewer lines during construction and final certification for the aforementioned utili ty adjustments and expansion ot vater and sever lines. 3 '. '. D. To the extent that the CITY is charqed with desiqn for the utility relocation and adjustments and expansion of the sewer lines of the project, the CITY aqrees to be responsible for any and all liability with reqard to its performance of the requirements of this aqreement. B. To contribute and to forward to the COUNTY the fundinq for the actual costs of utili ty relocation and adjustment and expansion of the sewer lines. contributions and fundinq for the cost of such adjustments shall be paid by the CITY as such costs accrue and within 30 days . after a bill for same has been sent by the COUNTY to the CITY. 4. Both the COUNTY and the CITY aqree to pay to the other such funds as are indicated in the final audit set forth in Paraqraph 2 (C) above, which will balance acoounts between the parties. 5. This Aqreement shall be executed in triplicate and the COUNTY shall retain two (2) and the CITY shall retain one (1) copy. All shall be oonsidered an oriqinal. 6. Any and all notices required or permitted to be qiven hereunder shall be deemed received five (5) days after same are deposited in u.s. Hail sent via certified mail, return receipt requested. All notices to the CITY shall be sent to: City of Delray Beach 434 South swinton Avenue Delray Beach, FL 33444 ATTH: Hr. Richard C. aasko, P.E. Director of utilities 4 '. ,. All notices to the COUNTY shall be sent to: George T. Webb, P.E., County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416 ATTN: Roadway Production r.& WZTBBS8 WBBRBOF, the county of Palm Beach, Florida has caused this Agreement to be signed by the Chairman of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by ~aid Board, and the CXTY has caused this Agreement to be signed in its name by its Chairman and its seal to be affixed hereto, attested by its Secretary, the date and . year first abov~ written. CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMKISSIONBRS By: By: DATE ATTEST: ATTEST: DOROTHY H. WILKEN, CLERK BY: BY: DATE DATE APPROVED AS TO FORK AND APPROVED AS TO FORK AND LEGAL LEGAL SUFFICIENCY: SUFFICIENCY: BY: BY: CITY ATTORNEY COUNTY ATTORNEY h : \ROADIIA Y\AGRMT\885408. 108 5 '. ~ ,- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERl~ SUBJECT: AGENDA ITEM i ~~ - MEETING OF JULY 13. 1993 ACCEPTANCE OF UTILITY EASEMENT DEED AND AGREEMENT/ISLES OF DELRAY DATE: July 9, 1993 This item is before you to accept an easement deed and agreement for a six foot utility easement across Lots 21 and 22, Block 4, Amended Plat of Isles of Delray, Section 2. The agreement provides that should the City install utilities which cross the existing drainage canal located east of Lots 21 and 22, that the utilities will be subaqueous and shall not inhibit navigation of the canal. Recommend acceptance of the easement deed and agreement for a six foot utility easement across Lots 21 and 22, Block 4, Amended Plat Isles of Delray, Section 2. . " , , . [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 2()() ~W hI AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIÌ\1JLL 40ì/278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: June 22¡ 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Utility Easement Deed and Agreement - Isles of Delray, Lots 21 and 22 Attached please find an agreement and easement deed from Delray Islands, Inc. which grants a utility easement deed to the City in consideration of the installation of any utility improvements crossing the existing drainage ,canal be subaqueous. This agreement has been reviewed by Environmental Services and is acceptable to them. By copy of this memorandum to David Harden, our office requests that th:ts- agreement and acceptance of this easement deed be placed on the next available City Commission agenda for approval. Attachments cc David Harden, City Manager Alison MacGregor Harty, City Clerk William Greenwood, Director of Environmental Services Thomas Tatum¡ Esq. isle.sar '. " AGREEMENT THIS AGREEMENT made this day of , 1993, by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation ("City"), and DELRAY ISLANDS, INC. , a Florida corporation ("Delray Islands"). WHEREAS, City has requested that Delray Islands grant a utility easement ("Utility Easement") to City over the South 6 feet of Lot 21, Block 4 and the North 6 feet of Lot 22, Block 4, both according to the Amended Plat of Isles of Delray, Section 2 (as approved by City of Delray Beach City Commission on January 14, 1992) ; and WHEREAS, Delray Islands will grant the Utility Easement to City in consideration of City's agreement that any installation by the City in the·Utility Easemßnt shall be underground; and ------- . WHEREAS, if the City requests and receives an easement for the installation of any utility extension crossing the existing drainage canal located to the east of Lots 21 and 22 of the Amended Plat of Isles of Delray, Section 2, any installation by the City in that easement shall be subaqueous and shall not inhibit navigation. NOW, THEREFORE, City and Delray Islands, for Ten and no/100 Dollars ($10.00) and other good and valuable considera- tion, agree as follows: 1. Delray Islands shall grant the requested Utility Easement to City in the form attached to this Agreement as Exhibit "A", '. 2. Any installation by the City within the Utility Easement shall be underground. 3. If the City requests and receives an easement for the installation of any utility extension crossing the existing drainage canal as shown on Exhibit B and located to the east of Lots 21 and 22 of the Amended Replat of the Isles of Delray, Section 2, any installation by the City crossing that canal, as widened, shall be subaqueous and shall not inhibit navigation. 4. In the event of any express conflict between this Agreement and the Utility Easement, the terms of this Agreement shall control. CITY OF DELRAY BEACH, FLORIDA By: ATTEST: Thomas Lynch, Mayor City Clerk . Approved -as- to Form: . City Attorney WITNESS: DELRAY ISLANDS, INC. By: (Type or Print Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of officer or agent¡ 2 '. title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any ~ ---- - .. (Notary Seal) 1s1ands.agt 3 '. EXHIBIT "A" UTILITY EASEMENT DEED THIS INÐENTt1U , made this day of , 19 , by and between DELRA1!' ISLANDS, INC., parties of the first part, and the CITY 01 DELRA1!' BEACH, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITnSSITH: That the parties of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation of a water and/or sewer lines, including stormwater utilities, with full and free right, liberty, and authority to enter upon and to install, operate, and _intain such water and/or sewer lines, including stormwater utilities, under, across, through and upon, over, under or within the following described property located in Palm Beach county, Florida, to-wit: The South 6 feet of Lot 21, Block 4 and the North 6 feet of Lot 22, Block 4, both according to the Amended Plat of Isles of Delray, Section 2 (as approved by the City of Delray Beach City Commission on January 14, 1992) . Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the parties of the first part agree to provide for the ,release of any and all mortgages or liens encumbering this easement. The parties of the first part also agree to erect no building or effect any other kind of con- struction or improvements upon the above-described property. Parties of the first part do hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS~REOF, the parties to this Easement Deed Bet their hands and seals the day and ye first above written. WITNESSES: PARTIES OF THE FIRST PART (name printed or typed) (name printed or typed) (address) (name printed or typed) (name printed or typed) (address) STATZ OF FLORIDA COUNTY 01 PALM BUCH The foregoing instrument was acknowledged before me this day of , 1993, by ( name of person acknowledged) , who is personally known to me/or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public- State of Florida Print, Type or stamp Name of Notary Public ISLARDB1. AQT '. " M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~f SUBJECT: AGENDA ITEM # ~..D - MEETING OF JULY 13, 1993 REQUEST TO USE BANKER'S ROW PARKING LOT/APPROVAL OF TEMPORARY USE AGREEMENT DATE: JULY 8, 1993 We have received a request from the Banker's Row Homeowners Association to use the Banker's Row parking lot for a garage sale on Saturday, July 31, 1993. The property is located at the northwest corner of N.E. 1st Avenue and N.E. 2nd Street. Proceeds from the sale will be used for recreation activities and landscaping improvements within the neighborhood. The City Attorney's Office has prepared the accompanying Temporary Use Agreement for the use of the City-owned property as required by Section 2.4.6(H) of the Land Development Regulations. The event will be for one day only. Recommend approval of the Temporary Use Agreement between the Banker's Row Homeowners Association and the City for use of the Banker's Row parking area on Saturday, July 31, 1993, for the purpose of holding a garage sale. ref:agmem022 " " Agenda Item No.: AGENDA REQUEST Date: June 25, 1993 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: July 13, 1993 Description of agenda item (who, what, where, how much) : Use of Banker's Row parking lot for a garage sale on Saturday, July 28, 1993. Proceeds from the sale will be used for recreation activities and landscaping withing the nei~hborhood. ORDINANCE/ RESOLUTION REQUIRED: YESr!V Draft Attached: YES/NO 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: @/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. . [ITY DF DELAAY BEA[H 100 N.W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM rM~~ David Harden City Manager ..-¡;): ~' Joe Weldon Director of Parks and Recreation SUBJECT: Banker's Row Homeowners Association Garage Sale DATE: June 24, 1993 Attached is a request from the Banker's Row Homeowners Association to use Banker's Row parking lot for a garage sale on Saturday, July 28, 1993. Proceeds from the sale will be used for recreation activities and landscaping within the neighborhood. This is an obvious benefit to the community, and I recommend you approve this request. Does this require city Commission approval? Ù~ oK ~ Parks and Recreation Attachment RECEIVED JUN 2 5 1993 JW: cp Ref:brhasale THE EFFORT ALWAYS MATTERS '. ~ I Levex-e:tT ú-rycJeril) · ~ 0 Fe ~ [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 20G NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 FACSIMILE 407/278-4755 Wr1t_r'. D1r_ct L1n_ (407) 243-7090 MEMORANDUM Date: July 9, 1993 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Use of Banker's Row Parking Area for Garaqe Sale The Banker's Row Homeowner's Association is requesting the use of the Banker's Row parking area for a garage sale on July 31, 1993. Approval of this Temporary Use Agreement for the use of the City-owned property is required pursuant to Section 2.4.6{H) of the City's LDR's. The event will only be for one day. If you have any questions regarding this matter, please do not hesitat~o call. DNT: sh Attachment cc: David Harden, City Manager bankrCM.dnt '. ,. TEMPORARY USE AGREEMENT THIS AGREEMENT, made and entered into this day of - , 1993, by and between BANKER'S ROW HOMEOWNERS ASSOCIATION hereinafter referred to as "BRHA" and the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as "City". WIT N E SSE T H: WHEREAS, City owns certain real property in Palm Beach County, Florida, as said property (the "Property") as described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, BRHA has requested the temporary use of the Property in conjunction with its "garage sale"; and WHEREAS, City is willing to allow BRHA to use the Property for the purpose hereinafter defined. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt and sUfil:èiency of which is hereby acknowledged, City hereby grants to BRHA and BRHA hereby accepts the use of the premises hereinafter defined upon the following terms and conditions: ARTICLE I BASIC PROVISIONS Section 1.01 Premises. The premises subject to this Agreement consists of the area described as follows: (See Exhibit "A") Section 1.02 Length of Term and Commencement Date. The term of this agreement shall be for a period of one ( 1) day(s) which shall commence 6:00 a.m., July 311 1993 (the "Commencement Date") and shall expire at 8:00 p.m·1 July 31, 1993. -1- " Section 1.03 Rent. The use of the premises by BRHA shall be on a rent free basis. ARTICLE II CONSTRUCTION OF PREMISES Section 2.01 Acceptance of Premises. BRHA certifies that it has inspected the premises and accepts same "as is", in its existing condition of the Commencement Date of this Agreement. Section 2.02 Alterations. BRHA shall not make or permit any permanent improvements, additions, modifications or alterations whatsoever to the premises. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY BRHA Section 3.01 Use of Premises and Hours of Operation. BRHA shall use the premises solely and exclusively for vehicle --p¡g'king and merchant displays in conjunction with the BRHA's garage sale. The property shall be vacated by 8:00 p.m. , July 31, 1993. Section 3.02 Surrender of Premises. Upon termination or expiration of this Agreement, BRHA, at its sole cost and expense, shall remove all of its personal property from the Premises and shall surrender the Premises to City in the same condition the Premises were in as of the Commencement Date of this Agreement, reasonable wear and tear excepted. ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES Section 4.01 Responsibility of City. All portions of the Premises shall be kept in good repair and condition by BRHA. At the end of the Term of this -2- '. Agreement, BRHA shall deliver the premises to City in good repair and condition as specified herein. Section 4.02 Indemnification. For the above mentioned consideration, BRHA agrees to hold harmless, save, defend, and indemnify the City, its agents, employees, and officials from all claims, suits and actions of any nature arising out of its use of the property for the purposes set out in this agreement for the duration of this agreement. ARTICLE V MISCELLANEOUS Section 5.01 Entire Agreement. This Agreement and any Exhibits attached hereto and forming a part thereof as fully set herein, constitute all agreements, conditions, and understandings between BRHA and City concerning the Premises. All representations, either oral or written, shall be deemed to be, merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver,~nge or addition to this Agreement shall be binding upon City or BRHA unless reduced to writing and signed by them. Section 5.02 Notices. Any consents, approvals and permissions by City shall be effective and valid only if~writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested, addressed: (a) If to BRHA at: Anita Shannon-Siegel Banker's Row Homeowners Association 201 N.E. 1st Avenue Delray Beach, Florida 33444 (b) If to City at: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 -3- .. '. Section 5.04 Governing Law. This Agreement shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County, Florida. Section 5.05 Time of Essence. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. Section 5.06 Severability. If any term of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Agreement, shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. WITNESS :----- BANKER'S ROW HOMEOWNERS ASSOCIATION By: (Signature of Witness) Lawrence siegel (Type or print name) ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to Form and Legal Sufficiency: City Attorney brha.agt -4- '. ,. EXHIBIT "A" Lots 1 and 2, JOHN B. CURRIE SUBDIVISION, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 33, Page 196. ------ '. " 01{ m1 [tTY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE ~()() NW 1s1 AVENUE' DELRAY BEACH, FLORIDA 33444 L\CSH.lILE 4()7/nK-~755 Wr~t_r·. D~r_at L~n_ (407) 243-7090 MEMORANDUM Date: July 7, 1993 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Renewal of Agreement with School Board for Emergency Medical Technology (EMT) Traininq The attached agreement between the City and the Palm Beach County School Board renews the existing agreement. Under this agreement, the City will permit EMT students from the School Board's vo-tech programs to observe EMT practices. The attached memorandum from Division Chief Trawick further explains the program's benefits. Our office reviewed the agreement and find it satisfactory. ------- . If you have any quest~ons, please call. DNT:sh Attachments cc: David Harden, City Manager Doug Trawick, Division Chief Cheryl Leverett, Executive Assistant emt-l.dnt <g'. £, . '. " [ITY DF DELHAY BEA[H FIRE DEPARTMENT M E M 0 RAN DUM TO: DAVID N. TOLCES, ASSISTANT CITY ATTORNEY FROM: D.R.TRAWICK, DIVISION CHIEF DATE: JULY 2, 1993 SUBJECT: RENEWAL OF SCHOOL BOARD AGREEMENT The purpose for an agreement with the Palm Beach County school board is to assist as a training site for the training of future Emergency medical technicians ( EMT) . This training would consist of observation only by the EMT students and would not cause any concern as to liability for any malpractice that might be assumed to occur. It has been the perception of this Department in the past that a positive environment for the new student EMT has been beneficial to the future development of a resource pool for future employees. It give us a chance to demonstrate how it is tODe done correctly and to indicate that this is an excellent place to work and develop those skills. Not all of the students come to Delray to l~arn¡ s orne go to other neighboring Departments. We feel that the learning experience here in Delray Beach would assist in improving the quality of EMT's in the community for the future. Sincerely, 4/~ D.R.Trawick - --- ---- --~-- - - /".- ~', 1·-.: r i ~ . :-- :--:J ï :_.: ! ":1 ¡ r . ------ 1 '! I !! JUL 6 IrS3 .i U i! 'I' i i¡0í - --- --------.J ! I --.. -- . -- - -- - ---. ---_-.-J FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRA Y BEACH, FLORIDA 33444 407 /243-7400. FAX 407/2654660 '. " AGREEMENT BE1WEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND CI1Y OF DELRAY BEACH FOR EMERGENCY MEDICAL TECHNOLOGY EDUCATION I. PARTICIPATING AGENCIES: The participating agencies in this agreement are The School Board of Palm Beach County, hereinafter called the "SCHOOL BOARD," and City of Delrav Beach. hereinafter called the EMS "PROVIDER. " II. STATEMENT OF AGREEMENT: This is a mutual agreement between the administration of the Provider and The School Board of Palm Beach County, Florida, that the EMS Provider will accept emergency medical technologylEMT students from the vocational-technical education programs for supervised learning experiences in the care of patients in accordance with the provisions set forth in this agreement. Whereas, the parties hereto recognize that the School Board is in need of health care facilities to train vocational education students in the area of emergency medical technology education pursuant to the State Plan for Vocational Education of the State Department of Education and The School Board of Palm Beach County policies and procedures; and Whereas, the parties hereto recognize that interest in promoting those educational goals and objectives of the State Department of Education and The School Board of Palm Beach County which ÍÙì'ther excellence in emergency medical services; and Whereas, the Provider desires to provide the necessary Emergency Medical Services facility for observation and selected clinical experiences to assist this program both parties therefore agree, in consideration of the mutual covenants and agreements expressed herein, as follows: III. GENERAL PROVISIONS OF THE AGREEMENT: 1. The education of the student shall be the primary purpose of the training program. 2. The School Board shall be responsible for the education of the student. 3. The School Board shall be responsible for selecting learning experiences for the students with the assistance and cooperation of the EMS Provider personnel. 4. The Emergency Medical Services Provider agrees to share in the education of the student through the cooperation and assistance of. its staff with the faculty of the School Board and in the guidance and supervision of the students. 5. The number of students scheduled to a Provider will be planned by the School Board and the Provider. '. '. 6. Students will be involved chiefly in learning experiences through observation; however, in order to conform to the requirements of the Florida Department of Education Program Course Standards and the Department of Health and Rehabilitative Services Rules, didactic instruction reinforced in the clinical area will be offered by the Provider. Any such instruction MUST be supervised by trained authorized instructors and such instruction shall conform to Chapter 10D-66.58 (3) (e) and (f) 3. Rules of Department of Health and Rehabilitative Services. Emergency Medical Technicians shall be trained in the BASIC MINIMUM SKILLS as outlined in Chapter 10D-66.56 (1) of HR.S Emergency Medical Services Rules. 7. The School Board agrees to comply with the applicable established policies and practices of the Emergency Medical Services Provider. The Provider shall be responsible for providing the School Board with all applicable established policies and practices of the EMS facility. 8. The School Board recognizes its liability for certain tortious acts of its agents, officers, and employees to the extent and limit provided in 768.28, Florida Statutes, The State of Florida's partial waiver of sovereign immunity, provided, however, this provision shall not be construed as a waiver of any right of defense that the Board may possess and reserve all such rights as against any and all claims that may be brought under this agreement. 9. The Emergency Medical Services Provider will be liable for any acts or omissions of its employees. Nothing contained herin shall be deemed a waiver soverign immunity pursuant to Florida Statues Section 768.28. 10. The Emergency Medical Services Provider is an independent contractor and not agents, employees, partners, associates, or joint ventures of the Board. The students and faculty of the Board are not employees, servants, or agents of the Providers but rather: 1) the students are students of the School Board, and 2) the faculty are employees of the School Board. There are no third party beneficiaries of or to this Agreement. -- N. THE SCHOOL BOARD'S RESPONSIBIU1Y: 1. To maintain standards recommended in the State Plan for Emergency Medical Technology Education of the State Department of Education and standards and procedures as outlined in the Florida Administrative Code of the Florida Department of Health and Rehabilitative Services. 2. The School Board will maintain standards which include, provision for physical examination, T.B. screening, Rubella vaccination, serology, hepatitis B vaccine or signed waiver and education on Universal Precautions and Blood Borne pathogen standards. 3. To employ Florida certified health occupations (paramedic) faculty who shall be responsible for implementing the philosophy and the objectives of The School Board and developing the curriculum. The faculty shall be responsible for: a. Selecting assignments in cooperation with EMS personnel and supervising students in their learning experiences. 2 '. .. b. Planning for concurrent related instruction (informal and formal classroom) as needed to meet the objectives of the program. This instruction will be scheduled during the regular hours of the program. c. Maintaining individual records of class and clinical instruction, emergency medical technology practice, and evaluation of student competency and health. d. Preparing a clinical rotation plan for services to be used for experience and securing the written approval of the plan from the Director of the Emergency Medical Services facility prior to the beginning of the affiliation. Before any material changes are made in the plan, they will be discussed and approved in writing by the Director of the Emergency Medical Services facility. V. THE EMERGENCY MEDICAL SERVICES FACIUTY'S RESPONSIBIUTY: 1. To make available to faculty and students facilities and clinical services for planned learning experiences through observation and selected clinical experiences in the emergency medical technology curriculum. 2. To share and assist in the responsibility for the guidance and supervision of the students, particularly in restricted areas. 3. The Provider may include members of the faculty of the School Board in staff meetings when policies to be discussed will affect or are related to the emergency medical technology program. The Provider shall, at all times, provide The School Board with written notice of the changes in policy and procedures in a timely manner, especially as such policies and procedures relate to or affect the emergency medical technology program. VI. THE smOOL BOARD POUCIES: --- 1. The educational program shall consist of no less then six hours per week of classroom instruction, laboratory practice and experiences in selected learning situations in hospitals and other health agencies. The division and arrangement of time to include the theoretical and clinical learning experiences shall be determined by the faculty, and be based upon the needs of the students for specific learning experiences to meet the objectives of the program. 2. Students will be assigned for emergency medical services, clinical and pre-hospital experience Monday through Sunday during the hours of 8 a.m. to 11:00 p.m. for 6 to 8 hour shifts. 3. Students will be given holidays as provided for in the regular school calendar. VII. REQUEST FOR WITHDRAWAL OF STUDENT: The participating Provider has the right to request the School Board to withdraw any student from its facilities whose conduct or work is not, in the reasonable opinion of the administrator of the EMS facility, in accordance with acceptable standards of performance. The School Board may at anytime withdraw a student whose progress, conduct, or work does not meet the standard of The School Board for continuation in the program. 3 '. ., VIII. TERMINATION OF AGREEMENT: If either party to this agreement wishes to terminate this agreement without cause, at least thirty days written notice shall be given by either participating agency, and termination including withdrawal of students and faculty from the Emergency Medical Services facility shall occur at least thirty days from receipt of written notice. If the School Board terminates for conveIÚence herein it shall not be liable for breach of contract, lost profits, or other such damages whether consequential or inconsequential. For purpose of notice, the School Board representative shall be the Coordinator of the Adult Vocational and Community Education Department, The School Board of Palm Beach County. IX. STUDENT INSURANCE: . Each student will provide proof of professional liability insurance coverage with minimum limits of$1,000,000/$3,000,000, and be encouraged to be covered by their own health and accident plan. X. MODIFICATION OF AGREEMENT: Modification of the agreement shall be made omy upon mutual consent of both parties and a contract addendum shall be executed by both parties hereto. XI. TITLE IX AGREEMENT: The participating agency agrees not to discriminate against any trainee in any manner whatsoever on account of race, creed, color, age, sex, handicap or national origin. XII. LENG'PK.QF AGREEMENT: This agreement will be effective for the fiscal year July 1, 1993, through June 30, 1994. XIII. RENEWAL OF AGREEMENT: It is the intent of both parties to review this agreement each year and renew if approved by both parties. 4 .. " XIV. COPIES OF THIS AGREEMENT: This agreement shall be governed by the laws of the State of Florida and if any dispute arises, then venue shall be in Palm Beach County. Copies of this contractual agreement shall be submitted' to the office of the State of Florida Department of Health and Rehabilitative Services. Copies of the contractual agreement shall be placed on file in the Vocational-Technical Education Department. Dated this day of ,19 The School Board of Palm Beach County. Florida Agency By By Administrator Gail Bjork Chairman (SEAL) Attest --- Attest Secretary Monica Uhlhorn Superintendent Revised: Mav 1. 1993 5 '. " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1Jv1 SUBJECT: AGENDA ITEM # 15 F - MEETING OF JULY 13, 1993 CHANGE ORDER NO. 2 AND REQUEST FOR FINAL PAYMENT/ALTAIR MAINTENANCE SERVICES, INC. DATE: JULY 8, 1993 This item is before you to approve a change order (final) in the net deduct amount of $11,365.52 and a request for final payment in the amount of $3,865.01 to Altair Maintenance Services, Inc. for the Inflow/Infiltration Program; Repair, Rehabilitation and Replacement of Sanitary Sewers and Manholes. Change Order No. 2 (Final) represents an adjusted final contract amount based on actual work completed for sanitary sewer cleaning and TV and flow measurements. Recommend approval of Change Order No. 2 (Final) in the net deduct amount of $11,365.52 and the request for final payment in the amount of $3,865.01 to Altair Maintenance Services, Inc. ; with funding from 1991 Water and Sewer Bond - Repair & Replacement Sanitary Sewer/Manholes (Account #447-5169-536-60.31). ref:agmem03 .. " . . Agenda Item No.: AGENDA REQUEST Date: July 2, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: July 13, 1993 Description of item (who, what, where, how much): Staff requests city Commission to approve Change Order #2, Final to Altair Maintenance Services, Inc. for the Inflow/Infiltration Program; Repair, Rehabilitation and Replacement of Sanitary Sewers and Manholes (91-12). Change Order No. 2, Final represents an adjusted final Contract amount based on actual work performed. Change Order #2, Final is for a net deduct amount of $11,365.52. Funding Source is 447-5169-536-60.31. Staff also requests final payment in the amount of $3,865.01 be made to Altair. ORDINANCE/RESOLUTION REQUIRED: YES~FT ATTACHED YE /NO Recommendation: Staff Recommends approval of Change Order #2, Final and authorization for final payment to Altair for this Project. Department Head ødl rç¿-....~..) ?h!r¡~ 4~ Signature: , City Attorney Review/Recommendation (if applicable) Budget Director Review (r~ired on all items involving expenditure of funds): Funding available: E /NO Funding alternatives .c;EW~ Account No. & Descriptio Account Balance ..,......~ ANH City Manager Review: {!Js/NO ~ Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved {fI gno:3 ~~ ,. .. . CITY OF DEFRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2, Final PROJECT NO. 91-12 DATE: PROJECT TITLE: Inflow/Infiltration Program; Repair, Rehabilitation and Replacement of Sanitary Sewers and Manholes TO CONTRACTOR: Altair Maintenance Services, 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: Final Contract adjustment for above referenced Project based on actual work completed for sanitary sewer cleaning and TV and flow measurements. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 123,613.04 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 28,840.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 152,453.04 COST OF CONSTRUCTION CHANGES THIS ORDER $ -11,365.52 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 141,087.52 PER CENT DECREASE THIS CHANGE ORDER 9 % -- TOTAL PER CENT INCREASE TO DATE 14 % - - 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 Altair Maintenance Services, Inc. (SEAL) . TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 447-5169-536-60.31 FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: ~~-"'-~ a ¡'f,;, By: William H. Greenwood, Director of Thomas E. Lynch, Mayor Environmental Services ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK ,. ''',I. 07-02-1993 14:17 4073396618 ALTA iA I NTENANCE SER\J ICES P.02 . . . Altair Collection Syatema Evaluation, Malnten.nee & Rehabilitation Splelallltl mølntenano. ..rvle.., Ino. December 29, 1992 , Mr. Howard Wight City of Delray Beach Public Utilities 200 NW 1st Avenue Delray Beach, Florida 33444 RE: Inflowllnflltration Program Repair, Rehabilitation and Replacement of Sanitary Sewers and Manholes Bid #91-42 : Project #91-12 Invoice #1912 Dated 12/29/92 Work Completed through: March 20,1992 $140.022.97 Work Completed through: December 1, 1992 $1,064.55 TOTAL Work Completed This Contract $141,087.52 Leis Retalnage (0%) $0.00 Net Due $141,087.52 LeIs Previous Invoices $137,222.51 Total Due This Invoice , $3,865.01 . ' 710 S. MILWEE STREET. P,O, BOX 521148 . LONG WOOD, FL 32752.1148 PHONE (407) 339-7134 . FAX (407) 339.6618 ,. "1·1, '. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERrl SUBJECT: AGENDA ITEM # ~{.} - MEETING OF JULY 13, 1993 CHANGE ORDER NO. 1 AND REQUEST FOR FINAL PAYMENT/COLONNA CONSTRUCTION CO., INC. DATE: JULY 7, 1993 This item is before you to approve a change order (final) in the net deduct amount of $2,685.08 and a request for final payment in the amount of $1,500.00 to Colonna Construction Co., Inc. for Allamanda Gardens Subdivision Drainage Improvements. Change Order No. 1 (Final) is for final as-built adjustments to the unit price contract. All have been field measured and verified, with all changes itemized per Schedule "A" attached to the change order. Recommend approval of Change Order No. 1 (Final) in the net deduct amount of $2,685.08 and the request for final payment in the amount of $1,500.00 to Colonna Construction Co. , Inc.; with funding from General Construction Fund - Allamanda Gardens Improvements (Account #334-1978-554-60.69) . ref:agmemo '. .. Agenda Item No.: AGENDA REOUEST Date: July 2, 1993 Request to be placed on: _X_ Regular Agenda .- ~ _____ Special Agenda _____ Workshop Agenda When: July 13, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve Change Order #1, Final to Colonna Construction Co., Inc. for Alamanda Gardens Subdivision Drainage Improvements (92-35). Change Order No. 1, Final is for final as-built adjustments to the Unit Price Contract. All have been field measured and verified. All changes are itemized per schedule "A" attached to Change Order #1, Final. Change Order #1, Final is for a net deduct amount of $ 2,685.08. Funding Source is 334-1978-554-60.69. Staff also requests final payment in the amount of $ 1,500.00 be made to Colonna Construction. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of Change Order #1, Final and authorization for final payment to Colonna for this Project. Department Head ~ ~jJ 7ft!, ~ ¡L, Signature: ~¿ ~""'..._I~ City Attorney Review/Recommendation (if applicable) Budget Director ReVieW~ired on all itema involving expenditure of funds)' Funding available: Y /NO Funding alternati es (if,~plicable) Account No. & De~Crip.fqon=3:34-/q-/~-ss:.4.Vf)·-'f1 ðEN. C¡;'lf$Æ' 1!N~~H~ Account Balance 311Z . t ìLN I EylE City Manager Review: (!!j/NO Approved for agenda: í17'1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved " · CI~Y OF DELRAY BEACH CHANGE ORDER ~O ORIGINAL CONTRAC~ CHANGE NO. 1, Final PROJECT NO. 92-35 DATE: PROJECT TITLE: Alamanda Gardens Subdivision Drainage Improvements TO CONTRACTOR: Colonna 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: Final as-built field measured quantities adjustment based on Contract unit prices per attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 91,980.03 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 91,980.03 COST OF CONSTRUCTION CHANGES THIS ORDER $ - 2,685.08 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 89,294.95 PER CENT DECREASE THIS CHANGE ORDER 3 % -- TOTAL PER CENT DECREASE TO DATE 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 Colonna Construction Co., Inc. (SEAL) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 334-1978-554-60.69 FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City commission RECOMMEND: By: Ralph E Hayden, Thomas E. Lynch, Mayor City Engineer ATTEST: APPROVED: By: ,. "'1' .. II 0000000000000000000000 0 0011 OOooOOOOOOOOoo~OMOOOOOO 0 011 ..................... . ·11 ~ OONoo~OOOO~OOOOOOOOOOO 0 ~II ~ ~~~ N ~~~M ~~Noo 0 0011 8 N~oo ~ ~~~~ ~~I I 0 ~II o I N I~MN I ~ Nil 8 I I I , II II II II OOOOOOOOOOOO~ONOOOOOO 0 OO~~OOOOOOOM~O~OOOOOO 0 E-trzl ..................... . HU OOON~OOOO~O~~O~O~O~OO 0 ~H 00 ~O~OO~~N~O ~ NNOO 0 þ~ ~~ N M~ M ~ M~ ~ ø. ~ ~ 1/1 ~ mm~~~~~~~~~~~~~~~~~mlll ~ ~ ~~mllllllm~mm~mmmmlllm~mm~~ m m . a 0 OONO~OMOO~M~ooO~~~~OOO N m . ~N~ NM~~ ~ " :> IU~I NM~ I I~~ I o .µ I I I ~ '01 Ø4 - a + ~ H .... m ~ ~~N~~Noo~M~~~~N~M~oo~~~ N ~ ~ O~~ ~ ~ M~ ~ 00 ~ ~ ~~ ~~ N ~ ~~ ~N ~ M ~-r! ~ .Q'µ M~ ~ 101 ,~ ~ 1/1 N Q .... ..c ~ rs. ~ .µ ~~~~ooN~~M~~~MN~NON~~~ 0 'µO ~ U ~~~ ~ ooM~M ~ ~~ U~ ~ ~~ ~~N N~ M ml/l ~.µ ~N ~~ M 'n ..-1 ~ .µ 01 o > m ~ ~ .r! 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" rz:IO ~ ~~ H ~ III " ", ." nf( E~'1 [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE :CUll :-';W Is! A\'J,[\;UE . DELRAY BEACH, FLORIDA 33444 L\C'SI ~,IIL E .)in 1278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: July 7, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Appointment of Outside Counsel for Verna Cook vs. the City of Delray Beach and James Cook vs. the City of Delray Beach Cases / Case No. 93-8360 and 3361 Our office previously sought and obtained City Commission approval for Carson, Linn and Atkins to handle two lawsuits filed by Verna and James Cook which alleged a violation of Florida Statutes 448.102 which prohibits retaliatory personnel actions because an employee has disclosed a violation of law, rule or regulation. These were filed in State Court. The Cooks have now filed two other suits in Federal Court alleging violations of Title VII of the Civil Rights Act. Our office recommends the appointment of the firm of Carson, Linn and Atkins to represent the City in these new cases, as well as the ones previously mentioned. Leonard Carson of Carson, Linn and Atkins will assume responsibility as lead counsel. Hourly charges for lawyers would be one hundred dollars per hour. The time spent by law clerks would be billed at $50.00 per hour. Our office has consulted with the City Manager's office regarding this appointment and have their concurrence. By copy of this memorandum to David Harden, City Manager, our office requests that the appointment of outside counsel in these matters be placed on the City Commission agenda for July 13 93. lease call if you have any questions. cc David Harden, City Manager Alison MacGregor Harty, City Clerk Chief Richard Overman, Delray Beach Police Department Eric Hightower, Police Legal Advisor Lee Graham, Risk Manager Joe Safford, Director of Finance ?I.H. '. ,.".,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ'ÞI1 SUBJECT: AGENDA ITEM i <¡{I- - MEETING OF JULY 13, 1993 RESOLUTION NO. 65-93 DATE: July 9/ 1993 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 105 S.W. 7th 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 $2/073.50 remains unpaid. Recommend approval of Resolution No. 65-93 assessing costs to demolish an unsafe building on property located at 105 S.W. 7th Avenue. '. '. -- ---.--..-..-.-- ---. ..--.__..._..---~ - --- RESOLUTION NO. 65-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH¡ FLORIDA¡ PURSUANT TO ARTICLE 7.8¡ "UNSAFE BUILDINGS"¡ OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH¡ ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) 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 RESOLUTION. AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. : I WHEREAS¡ the Building Official or his designated representative has¡ pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof¡ for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances¡ and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Artic le 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8, of the Land Development Regulations describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished¡ work must be begun wi thin sixty (60) days and all work must be completed within such time as the Building Official determines¡ said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, '. _____0'___ ,__.' ___._____.__.___ ----.-.--. __0- WHEREAS neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official¡ therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done¡ and¡ WHEREAS¡ the City Manager of the City of Delray Beach has pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach¡ submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid¡ said report indicating the costs per parcel of land involved¡ and¡ WHEREAS¡ the City Commission of the City of Delray Beach pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). . NOW¡ THEREFORE¡ BE IT RESOLVED BY THE CITY COMMISSION OF ITHE CITY OF DELRAY BEACH¡ FLORIDA¡ AS FOLLOWS: I Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray Beach a copy of which is attached hereto and made a part hereof¡ are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall¡ if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report¡ of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail be certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action ! regarding an unsafe building by the thirty (30) days after the mailing j date of said notice of assessment, after which a lien shall be placed on I I said property and interest will accrue at the rate of six percent(6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. I I -2- Res. No. 65-93 '. .. ---- ---~_.- .-- ----_.---- .----- ._-------. 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 fees and other costs of collection. , Section 5. That in the event that payment has not been I received by the City Clerk within thirty (30) days after the mailing I 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 six percent (6%) and collection costs including a reason~le attorney's fee. I PASSED AND ADOPTED in regular session on this the day of ¡ 1993. MAY 0 R ATTEST: City Clerk -3- Res. No. 65-93 '. .. NOTICE OF ASSESSMENT Date TO: Arthur V. Strock ADDRESS: 829 SE 9th St. suite 201, Deerfield Beach, Fl 33441 PROPERTY: 105 SW 7th Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: S50' of NI00' of EII0' of W135' of Block 14, Town of Delray according to Plat Book 1, Page 3 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 $2,073.50 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993, has been levied against the abov~-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 1-20-93 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 6-3-93 at a cost of $2.073.50 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 '. '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJÞ1 SUBJECT: AGENDA ITEM it 'i?(f - MEETING OF JULY 13. 1993 RESOLUTION NO. 66-93 DATE: July 9¡ 1993 This is a resolution assessing costs for abatement action required to remove nuisances on 22 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. 66-93 assessing costs for abating nuisances on 22 properties located within the City. '. " -- .._~--- ------ RESOLUTION NO. 66-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT¡ SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES¡ PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS¡ PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots -or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances¡ and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten ( 10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property¡ and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s)¡ and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the sUbject nuisance(s) existing thereon as described in the notice¡ and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved¡ and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), .. .. --,--- --- ----.- -. -----~-- -- .-._--- ~_. .-.--"--- ~._--_._--- ----- -.---- --- -~ - -~- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid wi thin thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property (s) , and interest shall accrue at the rate of eight (8 ) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAY 0 R ATTEST: City Clerk '. '. COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT N/LY 211.731 OF WILY DANIEL¡ DANIEL & DANIEL LTD. $474.16 666.271 OF LOT 15 PARTNERSHIP 70.00 (ADM. COST) (LESS W251 RD R/W)¡ 5500 MAC ARTHUR BLVD. NW (RECORDING) SUB OF SEC 20-46-43¡ WASHINGTON¡ DC 20016-2536 PB 28¡ P 68¡ PUBLIC RECORDS¡ PALM BEACH COUNTY¡ FL (1205-1295 SW 4TH AVE) LOT 99, BLK 1¡ LAKE FRANK H. CRAFT $ 75.00 FOREST SOUTH¡ PB 43¡ 4095 N.W. 7TH COURT 70.00 (ADM. COST) P 152¡ PUBLIC RECORDS¡ DELRAY BEACH¡ FL 33445 (RECORDING) PALM BEACH COUNTY, FL (4095 NW 7TH COURT) W20' OF N130' OF S150' ¡ LAKE IDA DEV. CORP. $721.39 E20' OF N130' OF S150' C/O JAMES W. GEIGER 70.00 (ADM. COST) & S20' OF W 1/2 OF LOT 2831 N.E. 21ST COURT (RECORDING) 19, SUB OF SEC 8-46-43, FT. LAUDERDALE, FL 33305-3617 PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (LAKE IDA ROAD) LOT 22, BLK 47, TOWN OF LUCINA MERTIL & $ 43.16 DELRAY, PB 12, P 81, MIRABEAU MITIAL 70.00 (ADM. COST) PUBLIC RECORDS, PALM 215 S.W. 3RD AVENUE (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444-3651 (215 SW 3RD AVE) LOT 21 (LESS I-95 R/W) CHARLES & ELIZABETH FREITAS $295.74 & LOT 22, BLK 1, P.O. BOX 24351 70.00 (ADM. COST) ODMANN'S SUB., PB 4, FT. LAUDERDALE, FL 33307 (RECORDING) P 53, PUBLIC RECORDS, PALM BEACH COUNTY, FL (19 NW 14TH AVE) S51 OF LOT 1 & N71.51 SYLVIA SCHUPLER TR. $ 74.64 OF LOT 2, BLK 30, TOWN 3101 WASHINGTON ROAD 70.00 (ADM. COST) OF DELRAY, PB 1, P 3, W. PALM BEACH, FL 33405-1644 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (109 SW 5TH AVE) -3- Res. No .66-93 '. '. S 1/2 OF LOT 5, BLK 30, ETHEL J. MACKEY $ 82.38 TOWN OF DELRAY¡ PB 1¡ C/O SHIRLEY M. WALLACE 70.00 (ADM. COST) P 3¡ PUBLIC RECORDS¡ 1120 N.W. 64TH STREET (RECORDING) PALM BEACH COUNTY¡ FL MIAMI¡ FL 33150-4231 (129 SW 5TH AVE) LOT 3¡ BLK 47¡ TOWN OF ROBERT G. & PATRICIA ALLEN $ 86.38 DELRAY¡ PB 12¡ P 81¡ 206 S.W.2ND AVENUE 70.00 (ADM. COST) PUBLIC RECORDS¡ PALM DELRAY BEACH¡ FL 33444 (RECORDING) BEACH COUNTY¡ FL (206 SW 2ND AVE) LOT 19¡ BLK 10¡ EVELYN CLINTON $ 35.42 ATLANTIC GARDENS¡ C/O SONYA HOLLEY 70.00 (ADM. COST) DELRAY¡ PB 14, P 63¡ 217 N.W. 7TH AVENUE (RECORDING) PUBLIC RECORDS¡ PALM DELRAY BEACH¡ FL 33444 BEACH COUNTY¡ FL (SW 10TH AVE) LOTS 2¡ 3 & LOT 23¡ ARTHUR J. & SUSAN ALGONAS $ 92.00 SUNSET PARK¡ DELRAY, 75 N.E. 6TH AVENUE 70.00 (ADM. COST) PB 12¡ P 65¡ PUBLIC DELRAY BEACH¡ FL 33483 (RECORDING) RECORDS¡ PALM BEACH COUNTY, FL (328 SW 10TH STREET) LOTS 43 TO 46, INC., ANPE, INC. $152.54 SUNSET PARK, PB 12¡ P.O. BOX 3215 70.00 (ADM. COST) P 65, PUBLIC RECORDS, BOYNTON BEACH, FL 33424 (RECORDING) PALM BEACH COUNTY, FL (1022 MANGO DRIVE) LOT 26, BLK 2, SOUTH- ALTHEUS NORDEUS & $202.82 RIDGE, PB 13, P 38, CONSTALIA & VILHOMME ROCHER 50.00 (ADM. COST) PUBLIC RECORDS, PALM 321 SOUTHRIDGE ROAD (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 (321 SOUTHRIDGE RD) N53' OF LOT 11 & S 1/2 S. H. & MARY B. OLSON $ 39.42 OF LOT 12, BLK 1, 2005 N. SWINTON AVENUE 70.00 (ADM. COST) NORTHRIDGE, PB 23, DELRAY BEACH, FL 33444-4329 (RECORDING) P 168, PUBLIC RECORDS. PALM BEACH COUNTY. FL (2005 N SWINTON AVE) -4- Res. No .66-93 '. .. LOT 2/LESS RD R/W, BLK REALNOR PROPERTIES INC. $ 27.68 AI DRINKWATERS ADD, 700 BRICKELL AVENUE 70.00 (ADM. COST) PB 21 P 80, PUBLIC MIAMI I FL 33131 (RECORDING) RECORDS I PALM BEACH COUNTY I FL (466 NE 5TH AVE) LOTS 4 & 51 BLK 2, L. D. TERRY $275.00 SILVER TERRACE I DELRAYI 6901 S. CONGRESS AVENUE 70.00 (ADM. COST) PB 111 P 611 PUBLIC LAKE WORTH I FL 33462 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (1205 S DIXIE HWY) LOT 121 BLK 21 SOUTH- CATHERINE J. JODRICE & $ 60.00 RIDGE I PB 131 P 381 HENRY VATY 70.00 (ADM. COST) PUBLIC RECORDSI PALM 300 STERLING AVENUE (RECORDING) BEACH COUNTY I FL DELRAY BEACHI FL 33444 (300 STERLING AVE) LOT 141 NICHOLS 1ST ELISE JACKSON & $ 72.00 ADD TO DELRAY BEACHI NELLIE JACKSON 70.00 (ADM. COST) PB 211 P 691 PUBLIC 14 S.W. 7TH STREET (RECORDING) RECORDS I PALM BEACH DELRAY BEACHI FL 33444-3543 COUNTY I FL (14 & 16 SW 7TH ST) LOT 26, BLK 41 MONROE MIRIAM B. HOOD $235.00 SUB. I PB 141 P 671 2151 N. KROME AVENUE 70.00 (ADM. COST) PUBLIC RECORDS I PALM HOMESTEAD I FL 33030-3243 (RECORDING) BEACH COUNTY, FL (NW 8TH AVE) LOT 41 BLK 65 (OLD ROLF E. & VIRGINIA HEINEMANN $102.00 SCHOOL SQUARE HISTORIC C/O SHAPIRO & FISHMAN 70.00 (ADM. COST) DISTRICT) I TOWN OF 5100 TOWN CENTER CIRCLE #510 (RECORDING) DELRAYI PB 2, P 201 BOCA RATON I FL 33486-1008 PUBLIC RECORDS I PALM BEACH COUNTY, FL (311 & 313 N SWINTON AVE) LOT 26, BLK 121 MONROE SHEDRICK FASHAW & $ 60.00 SUB. I PB 141 P 67, LONIE B. FASHAW 70.00 (ADM. COST) PUBLIC RECORDS, PALM 221 S. COUNTRY CLUB BLVD. (RECORDING) BEACH COUNTY, FL BOCA RATON, FL 33487 (NW 7TH AVE) -5- Res. N066-93 '. S37.5' OF W130' OF N75' JAMES STEPHENS $ 80.00 OF S 1/2 OF BLK 12, 7053 GLENWOOD DRIVE 70.00 (ADM. COST) TOWN OF DELRAY, PB 1, LANTANA, FL 33462 (RECORDING) P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 7TH AVE) LOTS 3 & 4, BLK 8, DELL RICHARD A. COURT $ 87.00 PARK, PB 8¡ P 56, 1012 N.E. 3RD AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-4025 (RECORDING) BEACH COUNTY, FL (1012 NE 3RD AVE) LOTS 8 & 9 (LESS RD DOLORES A. LIDDY TR $100.00 R/W) , BLK 2, SOPHIA C/O ARNOLD F. KURZINGER 70.00 (ADM. COST) FREY ADD¡ PB 4¡ P 37¡ 4426 GLENEAGLES DRIVE (RECORDING) PUBLIC RECORDS¡ PALM BOYNTON BEACH¡ FL 33436-4805 BEACH COUNTY¡ FL (911 N FED HWY) LOT 51, SUNSET PARK¡ ENRIQUE C. & AMPARA RAMOS $155.00 DELRAY¡ PB 12, P 65¡ ESTATE 70.00 (ADM. COST) PUBLIC RECORDS¡ PALM 1015 MANGO DRIVE (RECORDING) BEACH COUNTY¡ FL P.O. BOX 1094 (1015 MANGO DR) DELRAY BEACH, FL 33447-1094 VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS¡ VEGETATION¡ MATTER CONSTITUTING HAZARDS¡ DECLARED NUISANCE. -6- Res. No .66-93 '. ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERß?V1 SUBJECT: AGENDA ITEM i <g~ - MEETING OF JULY 13. 1993 RESOLUTION NO. 67-93 DATE: July 9/ 1993 This is a resolution assessing costs for abatement action required to remove nuisances on four (4 ) 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. 67-93 assessing costs for abating nuisances on four (4) properties located within the City. .. '. - - -. _c -- .- -----.--------.---- ,-----~ -~_.._._- -- ~-------'--'--- ---- ~~._-- RESOLUTION NO. 67-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, , ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT¡ SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN· EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to .Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has deter~ined that a nuisance existed in accordance with the standards set for-ch in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten ( 10) days from the date of said notice forty-two (42 ) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved¡ and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), '. .. . - ~---- .---~---------.------ ----- - --_.~-- ._~~------ ----- ---. ---- --- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount{s) indicated thereon. Said assessments so levied shall, if not paid wi thin thirty (30 ) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice{s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of sald nuisance by the City, and that said assessment is due and payable withln thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest wlll accrue at the rate of 8\ per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment{s) contained herein shall become due and payable thirty (30) days after the maillng date of the notice of said assessment{s), after which a lien shall be placed on said property{s), and interest shall accrue at the rate of eight (8 ) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAYOR ATTEST: City Clerk ~ ..,~- .. - ç-' _f"'¡"" '. . . . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 2/LESS N20'/BLK 61, LUCIUS SIMMONS $ 74.64 (OLD SCHOOL SQUARE 3477 S.E. JUPITER BLVD. 70.00 (ADM. COST) HISTORIC DISTRICT), PALM BAY, FL 32909 (RECORDING) TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (50 W ATLANTIC AVE) LOT l/LESS N20'/BLK 61/ LUCIUS SIMMONS $ 74.64 (OLD SCHOOL SQUARE 3477 S.E. JUPITER BLVD. 70.00 (ADM. COST) HISTORIC DISTRICT)/ PALM BAY/ FL 32909 (RECORDING) TOWN OF DELRAY/ PB 1, P 3, PUBLIC RECORDS/ PALM BEACH COUNTY/ FL (52 W ATLANTIC AVE) S75' OF W135.6' OF BLK LUCIUS SIMMONS $159.34 39/ TOWN OF DELRAY, 3477 S.E. JU?ITERBLVD. 70.00 (ADM. COST) PB 11/ P 34, PUBLIC PALM BAY/ FL 32909 (RECORDING) RECORDS/ PALM BEACH COUNTY/ FL (315 SW 3RD ST) LOT 2/LESS N20'/BLK 61 LUCIUS SIMMONS $ 68.00 (OLD SCHOOL SQUARE 3477 S.E. JUPITER BLVD. 70.00 (ADM. COST) HISTORIC DISTRICT)/ PALM BAY/ FL 32909 (RECORDING) TOWN OF DELRAYI. PB 1/ P 3, PUBLIC RECORDS/ PALM BEACH COUNTY/ FL (50 W ATLANTIC AVE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS/ VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -3- Res. N067-93 '. " , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # g L - MEETING OF JULY 13, 1993 AWARD OF BIDS AND CONTRACTS DATE: JULY 8, 1993 This item is before you to approve the following award of bids and contracts: 1. Automotive Parts - Annual Contract - Award to low responsive bidders (various vendor s) at an estimated annual cost of $22,993.39; with funding from Garage Inventory - Parts (Account #501-3311-591-52.50). 2. Gehl Skid Steer Loader Tractor - Streets Division - Award to Tri-County Equipment Sales & Service, at a cost of $32,457 via FDOT Contract #DC2892Rl; with funding from City Garage - Automotive (Account #501-3312-591-64.20). 3 . Landscape Maintenance Service Contract for Homewood Boulevard, West Linton Boulevard, and three medians on Military Trail - Award to Seagull Industries for the Disabled, Inc. as the low responsive, responsible bidder, at an annual cost of $40,565; with funding from Beautification Trust Fund/Beautification Maintenance (Account #119-4144-572- 46.40). 4. Roadway Reconstruction Plan (East of Intracoastal)/ Project No. 92-02, and S.E. 5th Street Pavement and Utility Improvements (From FEC RR to 4th Avenue) - Chaz Equipment Co., Inc. in the amount of $1,349,381.45; with funding from Decade of Excellence (Acct. #225-3162-541- 61.17); Utility Account #442-5178-536-61.78 and #442-5178-536-61.84; subject to pending transfers. Recommend approval of the award of the above bids and contracts with funding as indicated. ref:agmem06 ,. " . . . Agenda I tem No. : AGENDA REQUEST Date: June 30, 1993 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: T111y 1~, lqq~ Description of agenda item (who, what, where, how much): Bid 1193-38 Automotive Parts - Annual Contract, $22,993.39 ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low responsive bidders at an estimated annual cost of $22.993.39. Various Vendors ~ ø:~~ Department Head Signature, .. - - d~ 7 It /ü Deteraination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~/ NO ~ if aðPliCable) Funding alternatives: Account No. & Descmti~~~1r-33/-,sq(þ ç;¿--Q} --JAr2A E INVENítßl- PA8ïS Account Balance: ,/ / ,0. ; j/ City Manager Review: Approved for agenda: (9/ NO ð?1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .. ,,", " . . 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 4'~ FROM: Jacklyn Rooney, Buyer + DATE: June 30, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 13, 1993 - BID AWARD - BID #93-38 AUTOMOTIVE PARTS - ANNUAL CONTRACT Item Before City Commission: The City Commission is requested to award multiple annual contracts for Automotive Parts to low responsive bidders listed below, at an estimated annual cost of $22,993.39. Per the Finance Department, funding is from: ( ) . Backqround: The City of Delray Beach Purchasing Warehouse has need of an annual contract for automotive parts. Bids for this contract were received on June 16, 1993, from nine (9) vendors all in accordance with City Purchasing procedures (Bid #93-38. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Purchasing Warehouse Staff and Fleet Facilities Supt. have reviewed the bids, and recommends multiple awards, to low responsive bidders, per attached memo and highlighted tab sheet: Vendor: Est. Annual Cost: Bennett Auto Supply $ 3,470.20 A to Z Auto Parts 5,590.73 Napa Auto Parts 1,525.20 B & D Auto Parts 2,263.42 Palm Beach Brake & Wheel 4,643.64 S & H Distributors Inc. 1,559.82 Electirc Sales & Service Inc. 371.94 Palm Truck Center 45.50 Vehicle Maintenance Program 3.522.94 Total $ 22,993.39 Recommendation: Staff recommends award to various vendors as outlined above. Funding as stated above. Attachments: Tabulation of Bids Memo dated 06/23/93 from Fleet/Facilities Supt. cc: Leon Slydell Merle Hess ~l l Richard Sandell Richard Corwin '. , VENDOR AWARDS AND DOLLAR AMOUNTS Bennett Auto Supply Palm Beach Brake & Wheel Group II 704.70 Group I $ 4,643.64 IV 2,156.76 Item n 97 184.32 S & H Distributors Inc. 102 85.00 106 209.82 Group V 1,261.22 114 89.60 115 40.00 Item II 86 10.68 ----- 96 228.76 Total $3,470.20 . 104 5.34 112 53.82 ------- A to Z Auto Parts Total $ 1-,559.82 Group VII 2,951.64 Electric Sales & Service Inc. VIII 93.80 Item II 85 8.28 Group VI $ 371.94 93 74.88 9-4 14.31 99 1,497.70 Palm Truck Center 100 9.90 103 21.48 Item II 95 $ 45.50 105 12.23 107 116.64 109 114.84 Vehicle Maintenance Program 110 59. 13 111 90.00 Item II 88 416.40 113 366.30 89 159.62 116 158.60 90 2,615.80 -------- Total $5,590.7-3 91 87.92 92 243.20 --------- Napa Auto Parts Total $ 3,522.94 Item n 87 118.49 101 484. 11 108 922.60 TOTAL FOR CONTRACT FOR CITY --------- OF DELRAY BEACH: Total $1,525.20 $ 22,993.39 B & D Auto Parts Group III 2,209.72 Item II 98 53.70 ---------- , Total $2,263.42 " . '1:1 .. '" .. '1:1 .. 0 ..... 0 0) ..... OQ 0 10 ...... I: 0 11"1 ...... ..... OQ "'..... 0 '" .. .. a:> '<::0)"1 tt:> ...... Ñ ... Q 11"1 .....'" .. .. .. ..... .. ... o 0 0 ......tt:> Ñ .;r .. ...... 0 ..... ..... Q "I '" ...... u 0 '" ...... '" '" t ~ ..... cÒ "" < 0 u......... 10 ~ I: u .,; .. e '" "'''' .. ..... 0 å., <J .. < .. 11"1 0 .; N' '1: . :I .... ..... '" ..tt:> ... ... ..... ... 0 ... ~ CO..... ... 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"'...1') ú"I..., >DU'" f/JLU s:: D 00::..... .....0::.... .....:;11 .........0 ........J..... .....<IN .....<IOJ .....:;1 ...~ 0 ~ CJ ...O.....I>-<I. .....CJ..... .....CJ...J ........Jú"I .....0'" ..... U...... ""'0. OJ .....0.(1- .....ON 0'" U '. ,. . Agenda I tem No. : AGENDA REQUEST Date: July 07. 1993 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: July 13, 1993 Description of agenda item (who, what, where, how much): Purchase Award - Skid steer loader for Streets Division. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Tri-County Equipment Sales & Service. at a cost of $32.457. via Florida DOT Contract # DC2892Rl. #'" 1t~// ;;:>o~ ~ >ð'~J 7/7/93 v ./ pepartment Head Signature: Determination of Consistency with Comprehensive Plan: H/~ City Attorney Review/ Recommendation (if applicable): /1m Budget Director Review (required on all iteas involvinq expenditure of funds): Funding available:~ NO (if ifeMfa~e) ~ Funding alternatives: Account No. & Descræ,tion: 'SOl -"3::;/2--SRI.W-]"'v CATY 8, ,~WMDn 'It Account Balance: '2- f?-~' City Manager Review: Approved for agenda: §); NO PVÎ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. .. . M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant Ci ty Manager ~ FROM: Ted Glas, Purchasing Officer ~ß/ DATE: July 07, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 13, 1993 - BID AWARD SKID STEER LOADER FOR STREETS DIVISION Item Before City Commission: The City Commission is requested to award the purchase of one (1) Gehl skid steer loader to Tri-County Equipment Sales & Service, at a cost of $32,457. Per the Finance Department, funding is from: ( ) . Background: Funds were placed in the FY 92-93 budget for vehicle replacements for various departments and divisions under the direction of the Vehicle Maintenance Division of the Environmental Services Department. Skid steer loaders are available via Florida Department of Transportation Contract #DC2892R1. The Fleet Superintendent has reviewed the contract and recommends award to Tri-County Equipment Sales & Service via DOT contract and attached quotation form: The cold planner attachment is not a contract item, but is being offered at a 13% reduction from list price. Recommendation: The Purchasing Officer concurs with the Fleet Superintendent to award to Tri-County Equipment Sales & Service at a total cost of $32,457., via DOT contract #DC2892Rl. Attachments: Memo from Fleet Superintendent Documentation on DOT Contract cc William Greenwood Richard Corwin Richard Sandell ~l~ '. .. MEMORANDUM To: Ted Glas Purchasing Officer From: Richard V. Sandell Fleet/Facility Maint. Supt. Date: July 6, 1993 Subject: Skid Steer Loader Tractor we have reviewed the Florida Department of Transportation bid enclosed and agree with the specifications therein. Please purcha e with the ditional attachments as requisitioned. / ø Richard V. Sandell Fleet/Facility Maintenance Superintendent RVS/rvs / '. .. ¡ I I I ì I I I I I ""', ...... ,... ,"", ,.. ^ ...... ,... '" ÞO" """ "" ..... ...... , ,~ D: ..., ~'I1It11!Q.J (í;;.'fifiJ I".. G",",,~.. ~1I11. Tt _ M\C!I( I1)U, 111([ I... "~!H* 1'01" e\ I»~ to fil 771 DU·O·VUE En~elQpe - - (;:''::~ ~ '~I ! ¡ t {.:. :.: ,.....;, ' ,'. ,. . .-.". . . , J >1' , t' " I.. . . t ' '.' 1 I I ,¡ .! .. \, L; \,:.-_::n:) ~ . "'~. ~ TRI·COUNTY EQUIPMENT \..... ~ ,.~'. ..3 ... --.' ',. ': -~. t ~~ " .' .' I _Î SALES & SERVICE 1910 NW 16th Street 2802 POMPANO BEACH, FLORIDA 33069 PLEAS!: INDICATE. THE ABOVE NUMElER WHEN OROe¡RING (305) 972-0076 · 1·800·675.5934 TO . fAX (305) 972·0077 . CITY OF DELRAY QUOTATIQN DATE S".~¡;$PER50N 434 S. SWINTON AVENUE -28-93 ; G. HAUSER DEL RAY BCH., FL 33444 iI.,¡OUfRY OATe¡ \ fNOUIPY NUMBER . . f".no ~PM" o.n ! $HIf'f'ED VIA I M.BD ELI V ERE D ! TeI'H~5 " , ,. ~ P.O. + Nr 10TH · "QUANTITY I DE$CRIPTION PR1C:E . I AMOUNT \ 1 I GEHL LOADER MODEL 4625 INCLUDING: ! I I I \ 112, 83~ 00 I KUBOTA V2203 DIESEL ENGINE I 10.00 X 16.5 WHEEL-TIRE SET ' \ I I \ I OPTIONAL EQUIPMENT I I I AIRBOSS \ WHEEL& TIRê UPGRADE 80q 00 I I ! (FLAT PROOF SEGMENTED) I IN LIEU OF 10.00 X 16.5 I I I I 1- 65Y DIRT BUCKET BUCKET 61 00 I I \ ANGLE BROOM 5 FT. 2)41 00 I ! ¡ HI-FLOW DUAL STAGE PUMP KIT- FIELD INSTALLE 90 001 I (NEEDED TO DRIVE CP400 COLD PLANER) 1,400 i 00 \ INSTALLATION CHARGE 50 001 i GEHL MODEL cp400 COLD PLANER 10.981 0011 I I ! INCLUDING 16" ALL PURPOSE CUTTING DRUM \ 1 i GEHL/ CROSLEY TANDEM AXLE TRAILER 2,58 00 I HYD. SURGE BRAKES I \ / \ I I I I HYDRAULIC DEPTH & BEVEL CONTROL 8321 00\ I I , I \ I I I I I I I I I \ I 'I I I II I I . . f ~ I , -../ WE ARE PlEASED TO SUBMIT THE AElOVE QUOTATION FO~ YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED iT WILL RECEIVE: OUR PROMPT ATTENTION, THIS QUOTATION IS SUBJECT TO THE CONDITIONS PRINTED ON REVERSE SIDE, AND is VALID FOR _ _DAYS. THEREAFTER IT IS Sl)BJ!:CT TO CHANG!: WITHOUT NOTIC,e, ClV j.. --,-.r---- " . Agenda I tem No. : AGENDA REQUEST Date: July 01, 1993 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 7/;3/9~ ( . Description of agenda item (who, what, where, how much): Bid Award - Landscape Maintenance Service Contract - Bid #93-39 1. Homewood Blvd. 2. West Linton Blvd. 3. Three Medians on Military Trail ORDlHAHCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low responsive responsible bidder, Seagull Industries for the Disabled. Inc. at an annual cost of $40,565. ~ ¡¡:jt/ í?¿"d:A d~ 74/'13 Department Head Signature: Determination of Consistency with Co.prehensive Plan: K /"1- City Attorney Review/ Recommendation (if applicable): I Budget Director Review (requir~d on all iteas involving expenditure of funds): Funding available, ~/ NO Funding al ternati ve: (if applicable) Account No. & Desb~ò'tion' ~!;;J?c'~ P£AuT. í12UÇT R,ltJD Account Balance: 1~7-. L l?£I\tlT. Vt A:1NT. City Manager Review: Approved for agenda: @/ NO t»1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .. " M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ FROM: Ted Glas, Purchasing Officer cJ.,:# /~ DATE: July 01, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 13, 1993 - BID AWARD - BID #93-39 LANDSCAPE MAINTENANCE - SERVICE CONTRACT Item Before City Commission: The City Commission is requested to award an annual contract for landscape maintenance for sites as listed below to Seagull Industries for the Disabled, Inc. , at an annual cost of $40,565. Per the Finance Department, funding is from: ( ) . Background: Funds are allocated in the FY 92-93 budget for this service. A total of $ is budgeted. Area of Service: (1) Homewood Blvd. (2) West Linton Blvd. (3) Three Medians on Military Trail Maintenance service consists of mowing, trimming, edging, weed control, pruning, litter control, chemical applications, and clean-up. Bids for this contract were received on June 17, 1993, from five (5) contractors, all in accordance with City purchasing procedures. (Bid #93-39. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The low bid was submitted by James Maintenance, Inc. at a cost of $35,096. However, this firm was awarded the contract for these sites the last time bid, and has not performed satisfactorily. There have been problems with insufficient weeding and edging; improper cleanup of debris in the streets; and mulching not being performed in a timely manner. There have been citizen complaints of this contractor's work, and the City has withheld payments due to unsatisfactory performance. This contractor is therefore considered to be non-responsible, and should not be awarded additional contracts. f"..3 ., The second low bid was submitted by Seagull Industries for the Disabled, I nc. , at a cost of $40,565. The Director of Parks and Recreation has reviewed the bids and recommends award to this firm, per attached memo. Recommendation: The Purchasing Officer concurs with the recommendation to award to the low responSlve responsible bidder, Seagull Industries for the Disabled, I nc . , at an annual cost of $40,565. Attachments: Tabulation of Bids Memo from Parks and Recreation cc Joe Weldon " [ITY DF DELHAY BEA[H 10U:\¡ /'J '¡ ,~\íLr\~UE . IJL L RA" B EACH, ~ LOR I DA 33444 . 407/243 700() MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Recommendation of Seagull Industries for Landscape Maintenance DATE: June 30, 1993 Attached please find a spreadsheet for contract landscape maintenance of Linton Boulevard, Homewood Boulevard and Military Trail medians. Five bids were received with the apparent low bidder being James Maintenance at $35,096. For comparison purposes, I asked our Parks Maintenance Division to submit a bid. Their bid was for $55,869.50, which was higher than three of the bids and lower than the other two. We recently won an arbitration hearing against James Maintenance when we withheld $1,350 in payment due to unsatisfactory work. ,Because of this, I recommend we reject the low bid of James Maintenance and award to the second lowest bidder, Seagull Industries, in the amount of $40,565. As you may be aware, Seagull Industries provides shelter workshops for mentally retarded adults. When these adults are ready to leave the shelter workshops and work on their own but still need supervision, Seagull Industries provides a supervised work experience in the form of landscape maintenance crews. I checked with the Palm Beach County Purchasing Department, one of their references, and they indicated that they have worked for the County for the last 2 - 3 years and, other , than some problems at the start, are very satisfied with their work. I request you place this on the July 13, 1993 agenda for City Commission consideration. This should be charged to beautification account #119-4144-572-46.40. " . - I I \ ( ~ " """/ Director of Parks and Recreation Attachment Ref:reccgull THE: EF-FORT ALWAYS MATTERS '. '. CITY OF DELRAY BEACH TÆ!UlATICtI OF BIOS BID I 93-39 ~E MAINTENAHCE JLtlE 17. 1993 HCMBÐ:D Bl\I'D. WEST LINTCtI BL\I'D. THREE MEDIAHS CtI MILITPRY TRAIL ITEM EST. James Seagull Tare J.G. Business Nace I QTY. DESCRIPTICtI Maintenance Industries Landscaoe !consultants Landscape MEA II - HCMBÐ:D EOJLEVARD 50.00 / 65.00 / 75.00 / 75.00 / 25.00 / 1.0 43 /'DrIING 2150.00 2795.00 3225.00 3225.00 1075.00 2.0 TRIMMING & EDGING 15.00 / 20.00/ 30.00 / 75.00 / 25.00 / a 43 LINE TRIMMING 645.00 860.00 1290.00 3225.00 1075.00 b 22 EDGING 15.00 / 20.00 / 30.00 / 45.00 / 25.00 / o:¡o:¡n nn I. I. n nn 660.00 990.00 550.00 3.0 22 WEED CDlTROL 20.00 / 30.00 / 75.00 / 75.00 / 75.00 / 440.00 660.00 1~';0.00 1650.00 1650.00 4.0 PRLtIIHG 90.00 / 30.00 / 50.00 / 75.00 / 45.00 / a. 12 SHRL8S 1080.00 360.00 600.00 900.00 540.00 b. 12 TREES & PAU1S 50.00 / 50.00 / 75.00 / 150.00 / 25.00 / 600.00 c.nn nn gOO.OO 1800.00 100, 00 5.0 43 LITTER CDlTROL 10.00 / 10.00 / 10.00 / 30.00 / 25.00 / 430.00 !.~n nn 410.00 1290.00 107').00 6.0 22 IRRIGATICtI 10.00 / 10.00 / 10.00 / 15.00 / 40.00 / (INSPECTICtlS W/CITY) 220.00 220.00 220.00 330.00 880.00 7.0 CHEMICAL APPLICATICtlS 40.00 / 70.00 / 200.00 / 175.00 / 230.00 / a. 2 TLRF INSECTICIDE 80.00 140.00 400.00 350.00 460.00 b. n/a SHRUB IHSECTICIDE c. n/a FIRE AHT CDlTROL d. n/a DIEASE CDlTROL e. n/a TLRF FERT. -BAHIA f. 1 TLRF FERT-ST AlnJSTINE 60.00 / 80.00 / 200.00 / 50.00 / 75.00 / ~O.OO 80.00 '}nn nn 50.00 75.00 9· 2 ST AlnJSTINE WEED/FEED 70.00 / 75.00 / 300.00 / 50.00 / 75.00 / 140.00 150.00 600.00 100.00 1')0.00 h. 1 ST PLnlSTIHE IHSECT/FERT 30.00 / 80.00 / 350.00 / 50.00 / 75.00 / 30.00 80.00 350.00 50.00 75.00 i. 2 SHADE TREE FERTILIZTICtI 10.00 / 50.00 / 125.00 / 50.00 / 25.00 / 20.00 100.00 250.00 100.00 50.00 J. 4 PALM TREE fERTILIZATICtI 10.00 / 40.00 / 100.00 / 40.00 / 25.00 / 40.00 160.00 400.00 160.00 100.00 k. 3 SHRUB FERTILIZATICtI 17.00 / 50.00 / 100.00 / 100.00 / 25.00 / 51.00 150.00 300.00 300.00 7';00 8.0 3 I'tJlCH 300.00 / 250.00 / 500.00 / 140.00 I 600.00 I 900.00 750.00 1')00.00 420.00 1800.00 OTAL BID PRICE ~EA U $ 7,216.00 $ 7,975.00 $ 12,975.00 $ 14,940.00 $ 9, 930 .OC I '. '. TABJlATICII OF BIDS can.... ITEM EST. James Seagull Tare J.G. Business Nace 1 QlY. DESCRIPTICII Maintenance Industries Landscape Consultants Landscape AREA 12 - LIHTCII BOJLEV~ 200.00 1 210.00 1 200.00 I 300.00 / 300.001 8600.00 9030.00 8600.00 12900.00 12900.00 1.0 43 /'DrIING 2.0 TRII't1IHG & EDGING 30.00 1 40.00 / 50.00 1 150.00 / 200.00 1 a. 43 LINE TRII't1ING 1290.00 1720.00 2150.00 6450.00 8600.00 b. 22 EDGING 30.00 1 40.00 1 75.00 1 120.00 1 x2gòogol 660.00 880.00 1650.00 21140.00 3.0 22 WEED COHROL 50.00 1 60.00 / 50.00 1 120.001 600.00 1 1100.00 1320.00 1100.00 21140,00 l~?OO 00 4.0 PRLtI IHG 340.00 / 350.00 1 75.00 1 150.00 1 600.00 1 a. 12 SHRLBS 4080.00 4200.00 900.00 1800.00 7200.00 b. 12 TREES & PALMS 150.00 1 110.00 1 195.00 1 240.00 1 50.00 / 1800.00 11?0 00 2340.00 2RRO, 00 600.00 c. 6 ACCENT TREES 100.00 1 125.00 1 75.00 1 60.00 1 50.00 / foOO 00 7r;o on 450.00 ~fon nn 300.00 5.0 43 LITTER CDlTROL 20.00 1 30.00 / I 10.00 1 75.00 / 150.00 / 860.00 l?QO 00 4':\0 00 ~??r; nn 6450.00 6.0 22 IRRIGATICII 50.00 1 50.00 / 10.001 30.00 / 240.00 / (INSPECTICIIS W/CIlY) 1100.00 1100.00 220.00 660.00 5280.00 7.0 OtEMICAL APPl.ICATICIIS 80.00 1 200.00 / 350.00 1 525.00 1 185.00 1 a. 2 ~F INSECTICIDE 160.00 400.00 700.00 1050.00 370.00 b. n/a SHRUB INSECTICIDE c. nfa FIRE AHT CDlTROL d. nfa DlEASE CDlTROL e. 2 ~F FERT. -BPIiIA 80.00 / 200.00 / 400.00 1 420.001 500.00 / 160.00 L..OO,OO 800 00 840.00 1000.00 f. 1 ~F FERT -5T Al.GJSTINE 300.00 1 175.00 1 250.00 / 200.00 1 250.00 / 300.00 175.00 250.00 200.00 250.00 9. 2 ST Al.GJSTIHE WEED/FEED 350.00 / 300.00 1 300.00 1 200.00 1 250.00 1 700.00 600.00 t:.nn nn 400 00 500.00 h. 1 ST ALGJSTINE IHSECT/FERT 100.00 / 150.00 1 350.00 1 225.00 / 250.00 1 1nn nn 150.00 ~"i0 00 ??"i 00 250.00 i. 2 SHADE TREE FERTIL~ZTICII 80.00 / 200.00 1 250.00 / 60.00 1 125.00/ 1110.00 400.00 r;nn 00 l?n nn 250.00 j. 4 PAL/1 TREE FERTILlZATIctI 40.00 1 300.00 1 200.00 1 60.00 1 125.00 1 160.00 1200 00 800.00 240.00 500.00 k. 3 SHRlÆI FERTILlZATIctI 80.00 1 450.00 / 200.00 / 100.00 / 250.00 / 240.00 l~"iOOO £;00.00 300.00 750 00 8.0 3 "'-'LCH 600.00 / 300.00 / 700.00 / 200.00 1 1450.00/ 1800.00 Qnn nn 21nn nn 1100,00 "iR"iOOO TOTAL BID PRICE AREA t2 $ 23,870.00 $ 27,185.00 $ 24,540.00 $ 37,530.00 $ 68,650.00 Page 2 '. ,. I TABUlATICJoI OF BIDS COlT.... James Seagull Tare J.G. Business Nace ITEM EST Maintenance Industries Landscape Consultants Landscape . QTY DESCRIPTICJoI AREA .3 - HILITRAV TRAIL HEDICAHS 20.00 / 50.00 / 25.00.> / 45.00 / 50.00 / 1.0 43 I'DrIING 860.00 2150.00 1075.00 1935.00 2150.00 2.0 TRIMMING & EDGING 10.00 / 10.00 / 10.00 / 15.00 / 25.00 / a. 43 LINE TRIMMING 430.00 430.00 430.00 645.00 1075.00 b. 22 EDGING 10.00 / 10.00 / 10.00 / 15.00 / 25.00 / 220.00 220.00 220.00 ~~n.nn '1'1000 3.0 22 WEED COITROL 10.00 / 15.00 / 10.00 / 15.00 / 50.00 / ??O 00 330.00 170.00 330.00 1100.00 4.0 PRl.tIING 45.00 / 45.00 / 10.00 I 30.00 / 25.00 / a. 12 SHRUBS 540.00 540.00 120.00 360.00 300.00 b. 12 TREES & PAU1S 45.00 / 30.00 / 25.00 / 30.00 / 50.00 / 540.00 360.00 300.00 360.00 600.00 5.0 43 LITTER COITROL 5.00 / 10.00 / 5.00 / 15.00 / 25.00 / 215.00 430.00 21'5.00 645.00 1075.00 6.0 22 IRRIGATICJoI 10.00 / 10.00 / 10.00 / 15.00 / 40.00 / (IHSPECTICJoIS W/CITY) 220.00 220.00 220.00 330.00 880.00 30.00 / , 7.0 CHEMICAL APPLICATICJoIS 50.00 / 60.00 / 175.00 / 145.00 / a. 2 TURF INSECTICIDE 60.00 100.00 120.00 350.00 290.00 b. n/a SHRUB INSECTICIDE c. n/a FIRE· ANT COITROL d. n/a CIEASE COITROL e. n/a TURF FERT. -fWiIA f. 1 TURF FERT-ST ALGJSTIHE 25.00 / 55.00 / 50.00 / 30.00 / 75.00 / 25.00 55.00 50.00 ~o 00 7'1,00 9. 2 ST AlnJSTINE WEED/FEED 40.00 / 45.00 / 70.00 / 45.00/ 75.00 / 80.00 QO.oo 140.00 QO 00 1 "n nn h. 1 ST ALOJSTINE IHSECT /FERT 30.00 / 60.00 / 60.00 / 90.00 / 75.00 / 10.00 /;0,00 /;0.00 90.00 75.00 i. 2 SH¡:OE TREE FERTILIZTICJoI 10.00 / 15.00 / 40.00/ 40.00 / 25.00 / 20.00 ~o 00 RO 00 80.00 .,nnn j. 4 PALM TREE FERTILIZATICJoI 10.00 / 15.00 / 80.00 / 30.00 / 25.00 / 40.00 60.00 ~ 20 00 120.00 100.00 k. 3 SHRlB FERTILIZATICJoI 20.00 / 30.00 / 80.00 / 40.00 / 25.00 / 60.00 90.00 ')/.n nn 120.00 75.00 8.0 3 I1JLCH 150.00 / 80.00 / 100.00 / 100.00 / 450.00 / 450.00 240.00 300.00 300.00 1350.00 TOTAL BID PRICE AREA .3 $ 4~010.00 $ 5,405.00 $ 4,110.00 $ 6, 115 . 00 $ 9,895.00 - Page 3 '. .. TABULATl(JoI Of BIDS can.... _.. James Seagull Tare J.G. Business Nace Maintenance Industries Landscape Consultants LandscaDe CIWID TOTAL BID $ 41,625.00 $ 58,585.00 $88,475.00 PRICE FeR $ 35,096.00 $ 40,565.00 AREA'S 1. 2 & 3 AlDITlctlAL w:R< (IF HEEDED): 13.a SCD REPLACEMENT 1.00 sq. ft .50 sq. f t. 1.10 sq. ft. .65 sq. ft .16 sq. ft. (sq. ft. price) b. PLANT & TREE IrlSTALLATIC14 15.00 p/hr 20.00 p/hr 75.00 p/hr 25.00 p/hr 20.00 p/hr per man (labor per hour/per man) per man per man per man per man c. FERTILIZING 15.00 p/hr 13.00 p/hr 50.00 p/hr 25.00 p/hr 20.00 p/hr (labor per hour/per man) per man per man per man per man per man d. AlDITICI4AL PEST (;()HR)L 50.00 50.00 175.00 95.00 200.00 (per 50 gal application) AlDITlctlAL PEST CctITROL 50.00 50.00 95.00 75.00 150.00 (per 50 lb. application) e. FIRE ANT CctImoL 15.00 p/hr 20.00 p/hr 15.00 p/hr 25.00 p/hr 20.00 p/hr per man (labor per hour/per man) per man per man per man per man CCJ't1ENTS/EXCEPTICI4S Public Entity Crime Form not signed and sealed by Notary Public as per State requirement - Florida Statutes Section 287.133 (a) Page 4 '. " .. #~ , , ~...~ I I : \ _e ._. Agenda Item No.. AGENDA REOUEST Date: Julv 6. 1993 Request to be placed on: --4-- Regular Agenda _____ Special Agenda Workshop Agenda When. July 13. 1993 Description of item (who, what, where, how much). staff reauests approval of proiect No. 92-02. Roadwav Reconstruction Plan for Davement and utilitv imDrovements east of the Intracoastal' Waterwav. includina the alternate sewer reconstruction and Vista DelMar median landscapina. and proiect No. 93-15. S. E. 5th street for pavement and utilitv improvements between the FEC Railroad and S. E. 4th Avenue. to Chaz EauiDment Co.. Inc. in the amount of S 1.349.381.45. Fundina source: Decade of Excellence Account 225-3162-541-61.17 for S 803.573.65. utilitv accounts 442-5178-536-61.78 for S 167.979.80 and 442-5178-536-61.84 for S 377.828.00. ORDINANCE/RESOLUTION REQUIRED. YES/NO DPAFT ATTACHED YES/NO Recommendation: ,Staff recommends award of proiects 92-02 and 93-15 to Chaz Eauipment Co.. Inc. in the amount of S 1.349.381.45. Department Head Signature: ~ Determination of Consistency with Comprehensive Plan. City Attorney Review/Recommendation (if applicable) Budget Director Review (~red on all items involving expenditure of funds). Funding available. ~/NO Funding alternatives ~. ~~ applicable) Account No. & Description E.ND1Nt1 '-r1?1sN~ . S Account Balance City Manager Review. r Þ'1 Approved for agenda. kEJ/NO , Hold until: C7 Agenda Coordinator Review: Received: Placed on Agenda. Action: Approved/Disapproved /agenda.kt .. . .. DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM RECEiVEr' -~J TO: DAVID T. HARDEN JUt ß 199j CITY MANAGER W:ILL:IAK H. GREENWOOD, P . E. ¡)~d 7/~/'i') CITy MA NAGER'S 0- TOU: t-FlCE D:IRECTOR OF ENV. SVCS. FROM: RALPH E. HAYDEN, P.E.~ C:ITY ENG:INEER DATE: July 7, 1993 SUBJECT: ROADWAY RECONSTRUCTION PLAN (EAST OF INTRACOASTAL) PROJECT No. 92-02 S.E. 5TH STREET (FROM FEC RR. TO 4TH AVE) PROJECT No. 93-15 ------------------------------------------------------------------ Attached is an Agenda Request and bid tabulation for the regular Commission Meeting on July 13, 1993, requesting award of the construction contract for the referenced project to Chaz Equipment Co., Inc. They are the lowest responsible responsive bidder and the proposed contract amount is $1,349,381.45. This project consists of reconstructing or overlaying 13 streets East of the Intracoastal Waterway and S.E. 5th street, including improvements to the drainage, water, and sewer utilities. The funding source for Paving & Drainage is Decade of Excellence acct. 225-3162-541-61.17 for $803,573.65. The funding source for Water is acct. 442-5178-536-61.78 for $167,979.80. The funding source for Sewer is acct. 442-5178-536-61.84 for $377,828.00. Please place this item on the agenda for commission approval. RH: kb Attachment cc: Ted Glas, Purchasing Officer File: Project No. 92-02 (D) Project No. 93-15 (D) Memos to City Manager AR9202.KJB g Á.. Lf '. .. . . . 000 0 0 0 0 0 000 0 0 , o 0 000 0 0 0 000 0 0 ~I 0 0 0 0 0 0 0 0 ~ 0 0 0 0 ~ 0 0 0 0 0 0 0 0 000 0 0 8 ~ ~ ~ 00 ~ ~ 00 0 0 00 ~ ~ ~ o ... ..................... ......... ... ... 8 ~ 00 ~ N ~ ~ 0 00 N ~ ~ M N N 00 ~ ~ 00 00 00 M ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 0 0 000 000 o 000000 0 0 0 . MOO 0 0 0 0 0 0 000 0 0 0 {! 0 000000 0 0 0 ~ 0 ~ ~ ~ ~ ~ N 00 ~ ~ :z; ... .................... .......... 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U C ... ... c S! ~ .. i: .~ .... .... .... .. ... .... :II .. .... ~ N II U f .... 11'1 .. ,., 8' c 11'1 - . . II~ ~ Q ! I II ~ Q I 0 0 ! ... S! en ! ~ :II :II > oil .... t - .. oC II .... .... II .... .... ~ ... ... 8' .. -.. ... 8' ~ WI 1/1 .~ ... æ ~ ... ... :a ... II J ca .~ ca '-' '-' ca II > ... ... ~ ... ... f f ... L ... ca ~ 0 ... ~ 0 0 'E III A. ... ... 1/1 A. ... A. A. ... w w 011: .... .... '. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ttJv1 SUBJECT: AGENDA ITEM # A - MEETING OF JULY 13, 1993 REVIEW OF APPEA ABLE LAND USE ITEMS DATE: JULY 7, 1993 This item is before you for acceptance of the report of decisions made by the various development-related boards during the period June 21, 1993, through July 9, 1993. The following actions were taken during this reporting period: Planning and Zoning Board: Endorsed the beautification of Palm Trail as proposed in conjunction with development of the Anchorage subdivision. Site Plan Review and Appearance Board: Approved the use of a permahedge for a dumpster enclosure for Berkshire By The Sea, located on the west side of AlA, north of Atlantic Avenue (4-1 vote) . Approved the architectural elevation plan (awning addi tion) for Bijoux Auction, located at the northeast corner of Atlantic Avenue and N.E. 2nd Avenue (5-0 vote). Tabled the architectural elevation (facade changes) for United House of Prayer For All People, located on the east side of S.W. 15th Avenue, north of S.W. 2nd Street (5-0 vote). Denied a request to reconsider the requirement to plat for the Bi-Lo Grocery Store and Laundromat, located at the southwest corner of West Atlantic Avenue and S.W. 9th Avenue (5-0 vote) . Approved a minor site plan modification for Calvary Baptist Church located at the southwest corner of S.W. 10th Street and S.W. 8th Avenue; approved a waiver to the sidewalk requirement along S.W. 8th and 9th Avenues and S.W. 11th Street and denied the request to not provide the cost of sidewalk along S.W. 10th Street (5-0 vote) ; recommended approval of waivers for certain roadway and landscape improvements and denial of the waiver request to not provide landscaping on the north half of the west property line. Historic Preservation Board: Granted a Certificate of Appropriateness to allow a change in materials for re-roofing at 232 N.E. 5th Terrace. Granted a Certificate of Appropriateness to allow a change in materials for re-roofing at 123 S.E. 7th Avenue. A more detailed staff report is provided as backup material for this item. / ref:agmem04 '. ,. "V{ v, C/1\/~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: DAVID J. KOVACS, DIRECTO~~l~ ft'rì1t DEPARTMENT OF PLANNING AND ZONING FROM: t~~ a!t~ JASMIN ALLEN, PLANNER I _.~ . .~ , - SUBJECT: MEETING OF JULY 13, 1993 REPORT OF APPEALABLE LAND USE ITEMS JUNE 21, 1993 THRU JULY 9, 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 21, 1993, through July 9, 1993. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: l. 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 21, 1993 thru July 9, 1993 Page 2 PLANNING AND ZONING BOARD MEETING OF JUNE 14, 1993 A. Endorsed (7 to 0), the Beautification of Palm Trail as proposed in conjunction with the development of the Anchorage subdivision. No other appealable items were considered by the Board. The following agenda items which were considered by the Board will be forwarded to the City Commission as separate agenda items. * Recommended approval (7 to 0), of a rezoning request from Multiple Family Residential (RM) to Planned Office District (POD) for Palm Trail Medical Office Building, which is located north of George Bush Boulevard, between NW 9th Avenue and Palm Trail. * Recommended approval (5 to 2), of a the LDR Text Amendment to add "Auto Brokerage" as a conditional use in the General Commercial district. * Recommended approval (7 to 0) , of a LDR text Amendment regarding Moveable Fixtures in the Public Right-of-Way (Newsracks). * The Board's recommendation (denial), of the LDR Text Amendment regarding Density Suffix for the RM Zone District has already been considered by the city Commission. * Endorsed (7 to 0), the staff's recommendation dealing with the East Atlantic Avenue Left-Turn Issues. * Made recommendations pertaining to the Capital Improvement Budget for FY 93/94 (7 to 0). * Denied (7 to 0) , a request to initiate amendments to the General Commercial Zoning District to accommodate certain industrial land uses. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JUNE 30, 1993 1. Approved the use of a permahedge for a dumpster enclosure for Berkshire By The Sea located on the west side of A-I-A, north of Atlantic Avenue (Vote 4 to 1). 2. Approved the architectural elevation plan (awning addition) for Bijoux Auction, located at the northeast corner of Atlantic Avenue and N.E. 2nd Avenue. (Vote 5 to 0). 3. Tabled the architectural elevation (facade changes) for United House of Prayer For All People, located on the east side of S.W. 15th Avenue, north of S.W. 2nd Street (Vote 5 to 0). 4. Denied a request to reconsider the requirement to plat associated with the Bi-Lo Grocery Store and Laundromat, located at the southwest corner of West Atlantic Avenue and S.W. 9th Avenue (5 to 0). '. .. . City Commission Documentation Report of Appealable Land Use Items June 21, 1993 thru July 9, 1993 page 3 5. Approved a minor site plan modification for Calvary Baptist Church associated with the construction of a 2,016 sq. ft. Fellowship Hall, parking and driveway modifications. Calvary Baptist Church is located at the southwest corner of S.W. 10th Street and S.W. 8th Avenue. The Board approved a waiver to the sidewalk requirement along S.W. 8th and 9th Avenues and S.W. 11th Street and denied the request not to provide the (cost of) sidewalk along SW 10th Street (Vote 5 to 0). In addition, the Board recommended to the City Commission approval of the following requests for waivers: - not to provide 1/2 the cost of the improvements for S.W. 8th and 9th Avenues, and S.W. 11th Street. - not to provide landscape upgrades on the south half of the property; The Board recommended denial of the waiver request not to provide landscaping on the north one-half of the west property line. HISTORIC PRESERVATION BOARD MEETING OF JULY 7, 1993 x. Granted a Certificate of Appropriateness to allow re-roofing with a change in materials from cement tile to white fiberglass shingle for 232 N.E. 5th Terrace, a duplex dwelling located on the south side of N.E. 5th Terrace, east of N.E. 2nd Avenue (Vote 4 to 1). Y. Granted a Certificate of Appropriateness to allow re-roofing with a change in materials from cement tile to grey fiber- glass shingle for 123 S.E. 7th Avenue, a single family residence located on the east side of S.E. 7th Avenue, south of S.E. 1st Street (Vote 4 to 1). RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map " ,. LOCATION MAP FOR CITY COMMISSION MEETING OF JULY 13. 1993 L-JO CANAL ,'--'--'-'-'-' .-.-.-.-.-. -. ~ I w ~ . J ~ ! ~ J c:.J -cg ~ . . ã ~ ~ ! ... w I!: Z III: ,....--.-.-.-. ! ~ ! ~ ~ G I ~ LAk[ IDA ROAD . i '" ! u ! ¡ ! ~ , ! m I l r·-·-·-·-· MW 2 51 f"1'\ i . i..._._._...r'-'-" ~ ; r·, I i .! , ! L._., r'-'-'-'~ IA\ i I I' ~ · 'I ~ SW 2 Sf r......L . I ATLANTIC .- . )0- ! w ~ -c I ~ -c ! ,.._._....i a · .. ~ % ! Q I ~ w ~ i ~ J ~ i J ~ i 0 ~ · LDWSON BOULEVARD III Q o ~ o tJ ~ ~ ::I Z §! 8 >- i 1 . u I ~ I w J B ::i >- - /.--.-.-. Q Z ~ r--- ð 5 ! ~ II) 2 ! w ~ ! 8 I ¡ ~ · ~ .-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.--.-.-.-.-.-. j L-38 CANAL ~ CIl)' LIMITS -.-.-.-.-.- S.P.RAB. ITEMS: H.P.B. ITEMS: I MilE , 1. - BERKSIRE BY THE SEA X. - 232 N.E. 5TH TERRACE I 2. - BIJOUX AUCTION Y. - 123 S.E. 7TH AVENUE SCALE 3. - UNITED HOUSE OF PRAYER FOR ALL PEOPLE 4. - BI - LO GROCERY N 5. - CALVARY BAPTIST CHURCH P. c!c 2. ITEMS: - A. - PALM TRAIL CITY OF OELRAY BEACH, FL PlANNINC DEPARThlENT '. " M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f'J<"1 SUBJECT: AGENDA ITEM # q.ð. - MEETING OF JULY 13, 1993 MODIFICATION TO THE DEVELOPMENT ORDER FOR THE WATERFORD PLACE DEVELOPMENT OF REGIONAL IMPACT (DRI) DATE: JULY 9, 1993 This item is before the Commission for direction concerning proposed modifications to the Waterford DRI Development Order ( DO) . There are three ( 3) specific areas to be addressed, as follows: (1) 1-95 ramp conditions and level of service compliance; (2 ) Improvements on S. W. 10th Avenue, between Linton and Lindell Boulevards (Local Condition #22); and (3 ) Overall form and format of the resulting Development Order. A detailed analysis of each item, together with alternative actions, is provided in the accompanying staff report. The Commission should consider each of the three items and, after a consensus is reached, take formal action by motion. A resolution to formally modify the DRI-DO in accordance with this direction will be scheduled as a consent item for a subsequent agenda. Recommend the Commission provide direction on each of the three items addressed in the staff report. ref:agmem021 '. '. :; CITY COMMISSION DOCUMENTATION TO: David T. Harden, City Manager FROM: ~~~Oject Coordinator, Planning Department SUBJECT: MEETING OF JULY 13, 1993 MODIFICATION TO THE DEVELOPMENT ORDER (DO) FOR THE WATERFORD PLACE DRI ITEM BEFORE THE COMMISSION: The action requested of the Commission is that of direction regarding proposed modifications to the Waterford DRI-DO. The proposed modifications involve: 1. Level of Service for I-95 ramps 2. Improvements on S.W. 10th Avenue, between Linton and Lindell. 3. Overall form, format, for the revised development order. B A C K G R 0 U N D: The subject of modifications to the Water ford DRI was heard at the Commission meeting of February 23, 1993, at which time a public hearing was held and a determination made that the proposed modifications do not constitute a substantial deviation to the DRI. Also at that meeting, action was taken to approve extension of the build-out date to June 30, 1996. Commission also indicated, by consensus, that S. W. 10th Ave. would be widened to four lanes, including intersection improvements at S. W. 10th Ave/Lindell Blvd. , prior to issuance of a Certificate of Occupancy for Builder's Square; and that the improvements at S.W. 10th Ave/Linton Blvd. be completed concurrent with the northern extension of S.W. 10th Ave. Final action on the proposed modifications was deferred, pending further information from Treasure Coast Regional Planning Council (TCRPC) and Florida Department of Transportation (FDOT) regarding an on-going analysis of the 1-95 ramp capacity. Subsequent to the City Commission meeting of February 23, 1993, several actions have occurred which change the circumstances of the request for DO modifications: '. '. City Commission Documentation Modification to the Development Order (DO) for the Waterford Place DRI Page 2 * On March 3D, 1993, FDOT completed its analysis of the 1-95 ramp performance. Analyses were performed for conditions in 1993 representing completion of the current phase, (i.e. Builder's Square) and in 1997 (representing completion of the next, and final, development phase). Study parameters included the assumption that the new congress/I-95 interchange, currently under construction, was open to traffic. The analysis determined that both the northbound and southbound on-ramps will operate at level of service (LOS) "C" in 1993 at peak conditions. In 1997, the northbound on-ramp will operate at LOS "D" under peak conditions; the southbound on-ramp will operate at LOS "c" for peak conditions. A weave analysis was also conducted due to the proximity of the new interchange to Linton Blvd. This analysis determined that the weave (transition from entering to through and through to exiting movements) will operate at LOS "c" through the next phase of development (1997). FDOT concluded that Level of Service standards would be met for the current phase as well as for the project build-out. * On April 9, 1993, the developer withdrew his request to modify DO Conditions 17, 18 and 19, (requirement for FDOT analysis and determination of the 1-95 ramp capacity) on the basis that the conditions are fully complied with and, thus, no change is required. * On April IS, 1993, Palm Beach County Traffic Division provided comments to TCRPC on FDOT's ramp analysis. In their letter, Palm Beach County questioned the validity of the FDOT analysis and recommended that, prior to issuance of permits for the next phase of development, a new analysis be performed including actual traffic conditions with the new Congress/I-95 interchange open. * At its meeting of April 16, 1993, TCRPC also expressed concern that the FDOT determination was based on unrealistic assumptions and recommended that the City "review . . . all options for resolving [concerns] before making irrevocable decisions regarding the development". ANALYSIS: 1-95 Ramp Conditions: DO Conditions 17, 18 and 19 require that, at various levels of development, specific roadway improvements be made. All the specified improvements have been completed. '. .. City Commission Documentation Modification to the Development Order (DO) for the Waterford Place DRI page 3 In addition, the conditions require that FDOT make a determination whether the northbound and southbound on-ramps to 1-95 operate at LOS "C" under average annual conditions and at LOS "D" under peak season conditions without widening the ramps to two lanes and extending the ramps to provide for adequate merge operations. These determinations are required at specific levels of traffic generation representing the various levels of development. A specific date of December 31, 1992 (later modified to March 31, 1993) was given for the final determination by FDOT of the ramp capacity at completion of the project. The original DO assumed that the Waterford Place DRI would be complete by this time and that substantially all the development's traffic would be on the road. Therefore , the FDOT determination required in DO Condition 19 would be a fair assessment of the final traffic impact of the development. Current conditions, even with completion of the Builder's Square, leave a significant portion of the project still to be completed. The FDOT analysis of March 30, 1993, included the traffic to be generated by Waterford place in 1997. This analysis, although questioned by Palm Beach County and TCRPC, can be assumed to present the build-out condition of Waterford Place and operating condition of the 1-95 ramps as seen by the agency responsible for 1-95. The developer has withdrawn his request for modification of DO Conditions 17, 18 and 19. Based on that action and FDOT's determination, there would be no further review of the 1-95 ramps relative to the Waterford Place DR!. ALTERNATIVE ACTIONS PERTAINING TO CONDITIONS 17, 18 & 19: 1. Accept the Applicant's position - do nothing. 2. Seek deletion of DO Conditions 17, 18 and 19 since the requirements have been met. 3. Determine that the effects of the development on the 1-95 ramps remain of concern, and that the DO should continue to require oversight of the ramp conditions through the completion of the entire development. One method of maintaining this oversight is to add a condition, possibly as a local condition, that states: "Should the currently approved land uses be changed such that there is a change in average daily traffic generation, peak hour traffic generation, or traffic distribution, the Florida Department of Transportation must make a determination that the northbound and southbound on ramps at the I-95/Linton Blvd. interchange will operate at level of service "C" during average annual conditions and level of service "D" during peak season conditions without '. .. City Commission Documentation Modification to the Development Order (DO) for the Waterford Place DRI Page 4 widening the ramps to two lanes nor extending the ramps to provide for adequate merge operations. Should this determination find that the ramps will not operate at the levels of service stated above, the Development Order shall terminate or the Developer shall provide adequate mitigation to achieve the required Level of Service." S.W. 10th Ave. - Four lane Improvement : In the Staff Report presented at the Commission meeting of February 23, 1993, modified language was proposed for Local Condition #22, regarding improvements to S.W. 10th Ave. between Linton Blvd. and Lindell Blvd. This modified language was acceptable to the Applicant and to Planning Staff. * First, it required that an additional southbound lane and a concrete median be constructed at the Linton/SW 10th Ave intersection concurrent with roadwork to the north of the intersection (we note that the north work is nearing completion) . * Next, it had the effect of delaying road improvements on the balance of SW 10th Avenue (between Linton and Lindell) until capacity analyses showed that intersection and widening improvements were warranted. These analyses would be required after opening of Builders Square, annually thereafter, and with each future site plan submittal (until such time as the improvements were constructed). However, it was the consensus of Commission that S.W. 10th Ave. should be widened to four lanes in its entirety, prior to the occupancy of Builder's Square and that improvements (including a traffic signal) should be made to the intersection of S.W. 10th Ave/Lindell Blvd. concurrent with the northern expansion of S.w. 10th Ave. It is anticipated that the applicant will ask for the staff recommendation of February 23rd to be reconsidered and imposed instead of the Commission's consensus position. ALTERNATIVE ACTIONS PERTAINING TO LOCAL CONDITION # 22 (4-LANES FOR S.W. 10TH AVENUE): 1. Modify Condition #22 as recommended in the February 8th staff report, to wit: 22A: Prior to issuance of Certificates of Occupancy for the General Retail use, the south approach of S. W. 10th Ave. at Linton Blvd. shall be improved to the ultimate section as approved by Palm Beach County and the City of Delray Beach. '. City Commission Documentation Modification to the Development Order (DO) for the Waterford Place DRI Page 5 22B: Within three months of the date of issuance of Certificates of Occupancy for the General Retail use, an analysis of the intersection at S. W. 10th Ave./Lindell Blvd. shall be submitted which shall determine if a traffic signal at the intersection is warranted. If warranted, the signal shall be installed by the developer within three months of a directive by the City of Delray beach. If not: warranted, the requirement for an intersection analysis shall become a requirement of the annual report by the developer. If and when the intersection analyses show that a traffic signal is warranted, the signal shall be installed by the developer within three months of a directive by the City of Delray Beach. 22C: An intersection analysis of the intersection of S.W. 10th Ave./Lindell Blvd. and capacity determination for S. W. 10th Ave. shall be submitted with each site plan for further development in the Waterford Place DR!. Based upon such analysis and when so determined by the city, the Developer shall improve the intersection and shall complete the four-lane section of S.W. 10th Ave. between Linton Blvd. and Lindell Blvd. 22D: The developer shall submit plans to de-emphasize Lindell Blvd. as a collector road with any site plan for further development of the Waterford Place DR!. Such plans shall address, among other alternatives, the realignment of Lindell Blvd. into the Waterford Place Office Park. Designs to so de-emphasize traffic use on Lindell Blvd. may be required through site plan conditions. 2. Modify Condition #22 as follows (in accordance with the Commission consensus position of February 23rd): "The Developer shall not receive Certificates of Occupancy for the general retail use until S.W. 10th Ave. between Linton Blvd. and Lindell Blvd. has been reconstructed to a four lane section, including traffic signalization at Lindell and S.W. 10th Ave." Form and Format of the Resultinq Development Order: In addition to the two items discussed in this documentation, another item to be included in the revised development order is the change in the build-out date to be June 30, 1996. '. .. city Commission Documentation Modification to the Development Order (DO) for the Waterford Place DRI Page 6 Since the inception of the DELINT/WATERFORD DRI-DO there have been several other changes. In each instance, a specific section was altered but the totality of the DO (resolution) was not changed (i.e. a cleaner process is to rescind and re-enact). It is suggested (by the Director) that this process be used in the Water ford DRI-DO. In other words a completely new resolution would be drafted and it would delete all items which have been complied with and/or which are no longer relevant to the continuing administration and implementation of the project. Such an approach has met some resistance in the past due to controversy associated with the most recent change and active involvement by TCPRC. Effective July 1, 1993, TCRPC has lost its ability to appeal any action on this (and any) DO for a DRI (ELMS-III legislation) . Thus, with the consent of the applicant, "cleaning-up" the D.O. at this time appears to be an appropriate consideration. ALTERNATIVE ACTIONS PERTAINING TO FORM AND FORMAT: 1- With the consent of the applicant, direct that the DO Resolution be revised to contain only those items which remain of relevance to the continued administration and implementation of the DRI. 2. Continue with the practice of amending the original DO only by separate Resolution which changes specific sections. o V ERA L L CON SID ERA T ION To provide the direction needed to bring this aspect of the Waterford DRI to closure, the Commission should consider each of the three items addressed in the staff report, i.e. * the 1-95 ramp LOS compliance * Local condition # 22 (widening of SW 10th Avenue) * form and format. After a consensus is reached, formal action, by motion, should be taken pursuant to the following. At your next meeting, the Resolution which formally modifies the DRI-DO will be placed on the consent agenda. " .. City Commission Documentation Modification to the Development Order (DO) for the Waterford Place DR! page 7 R E COM MEN D E D ACT ION: 1. Determine that the requirements of DO Conditions 17, 18 and 19 have been met. 2. Modify Condition #22 as recommended in the February 8th staff report. 3. Direct that the DO Resolution be revised to contain only those items which remain of relevance to the continued administration and implementation of the DR!. (These specifically include. removal of Conditions 17, 18, & 19 since they have been met). Attachments: * TCRPC Staff Report of April 16, 1993 * April 15, 1993 letter from Palm Beach County Traffic Division * April 9, 1993 letter from Alan Ciklin * March 30, 1993 letter from FDOT * CC Minutes of February 23, 1993 * Staff Report for the February 23, 1993 City Commission Meeting * P&Z Minutes of February 8, 1993 T='ADVANCED'CCWATER4.DOC '. ,. TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members From: Staff Date: April 16, 1993 Council Meeting Subject: Waterford Place Development of Regional Impact - Proposed Change to the Development Order Introduction Water ford Place Development of Regional Impact (DRI) is a 67-acre mixed use development located in the City of Delray Beach (see attached Map) . A proposed change to the Development Order (DO) was reviewed by Council at its February 19, 1993, meeting. The changes proposed were: 1) establishment of a buildout date for the project, and 2) modification of specific conditions of approval regarding mitigation of transportation impacts. At the February meeting, Council recognized the proposed date extension is not subject to additional DRI review pursuant to Chapter 380.06(19) (e)2, Florida statutes, but authorized staff to attend the pUblic hearing due to concerns regarding adverse regional impacts which could occur if the proposed amendment to condition language dealing with traffic were to be adopted. When Council reviewed this issue in February, it was anticipated that regional concerns would be addressed by a condition preventing building permits from being issued after March 31, 1993, unless FOOT made a determination that the 1-95 access ramps would function at an acceptable level of service through the newly proposed buildout date. FOOT recently made such a determination (see Attachment A). The development would be allowed to proceed until June 31, 1997, if the city amends the DO consistent with Council's recommendation. Council concern regarding the regional roadway network would normally be considered resolved. Unfortunately, review of FDOT's determination suggest their conclusion was based on unrealistic assumptions regarding the effect completion of some 1-95 improvements currently under construction will have on traffic volumes at the Linton Boulevard/I-95 interchange. If the diversions used in the ramp analysis do not materialize, then the ramp cannot be expected to operate at an acceptable level of service. '. .. If the assumptions upon which the FDOT determination were based are no longer valid, then allowing the project to go forward could cause additional trips to be added to roads operating at an unacceptable level of service. Recommendation Council should transmit the above comments to the local government. Council should recommend that the local government and other agencies involved review the above concerns and all options for resolving them before making irrevocable decisions regarding the development. Attachments " " Board of County Commissioners County Administrator Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Carol A. Roberts Department of Engineering Warren H. Newell and Public Works Burt Aaronson Maude Ford Lee April 15, 1993 Sally Black Treasure Coast Regional Planning Council 3228 SW Martin Downs Boulevard Suite 205 P.O. Box 1529 Palm City, FL 34990 RE: WATERFORD DRI Dear Ms. Black, The Palm Beach County Traffic Division has reviewed the Treasure Coast Regional Planning Council (TCRPC) Staff Report for the proposed change to the development order for the Water ford Development of Regional Impact. Of particular interest was the ramp analysi s performed by the Florida Department of Transportat ion (FOOT) and the 86% diversion of traffic from Linton Boulevard west of 1-95 turning onto the northbound on-ramp to the new 1-95 interchange at Congress Avenue. The source of the 86% diversion, the Interchange Justification Report prepared by FOOT in 1987, assumed a considerable amount of development at the Boca Commerce Center and Knight Center. Given the status of these developments, applying such a high diversion to existing traffic and existing development patterns seems unrealistic. The Palm Beach County Traffic Division supports the TCRPC Staff Recommendation to withhold further building permits until the Congress Avenue interchange is completed and a new analysis is performed using the actual traffic diversion. Sincerely, OFFICE OF THE COUNTY ENGINEER ~:Þ~' Dan Weisberg, P.L =<?'l~\íf:ï)) Senior Registered Civil Engineer \'f\'V'" \,,':.:" ~ ' , " ,_oJ ,~ cc. George 1. Webb, P. E., County Eng i neer 1.,' \ g \~ v%harles R. Walker, Jr., P.L, Director - Traffic Divis\~on .~OÑ\~G avid Kovacks, Delray Department of Community Development ,\ - :,..: \ \'" . , t· _,.~ ~ h:\thffic\diw\wtrfrd "An Equal Opportunity - Affirmative Action Employer" @ prin/eeI on ,øcycJec1_ Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000 '. .. LAW OFFICES BOOSE CASEY CIKLlN LUBITZ MARTENS McBANE 8: O'CONNELL A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS .JOSEPH L. ACKERMAN. .JR. GREGORY S, KINO PHILLIP D. O'CONNELL. SR. (1907 "987) BRUCE G. ALEXANDER. P.A. CHARLES A. LUBITZ. PA. .JERALD S. BEER. P.A. EDWIN C. LUNSFORD - WILLIAM R. BOOSE, m. P.A. RICHARD L. MARTENS. P.A. Of" COUNSEL .JOHN D. BOYKIN. P.A. LOUIS R. McBANE, P.A, .JOHN L. RE....SEN PATRICK.J. CASEY, P.A. TIMOTHY P. McCARTHY. P.A. _ ALAN.J. CIKLIN. PoA. CLAUDIA M. McKENNA NORTH BRIDGE TOWER I . 19TH FLOOR MICHAEL W. CONNORS ....ORRIS G. (SKIP) MILLER 515 NORTH FLAGLER DRIVE ROBERT L. CRANE. PoA. BRIAN M. ,O'CONNELL. P.A. WEST PALM BEACH, FLORIDA 33401 RONALD E. CRESCENZO PHIL D. 0 CONNELL, .JR.. P. A. TELEPHONE (407) _ .JAY G. FIANO .J. KORY PARKHURST 832 5900 LEE B. GORDON CHRISTOPHER.J. TWOHEY TELECOPIER (407) 833-4209 MIKEL O. GREENE .JOHN R, YOUNG, P.A. - LYNOA .J. HARRIS, P.A. LONNIE B. ZANGRILLO MAILING AOORESS OEBRA A. .JENKS. P.A. ESTHER A. ZAPATA P.O. ORAWER 024626 BRIAN B. .JOSLYN, PoA. WEST PALM BEACH, F'L 33402-4628 April 9, 1993 Mr. David J. Kovacs, Director Department of Planning & Zoning city of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Waterford DRI/Notification of Change/DO Condition 17, 18, & 19 Dear David: On behalf of the developer of Waterford, we previously submitted a Notification of Proposed Change which included Condition 17, 18, and 19. The reasons for the request was because the Florida Department of Transportation (FDOT) determination required in each of those conditions had not been made. That determination requirement was set forth specifically in Condition 17a, 18c and 19d. The determination was required by March 31, 1993. On March 30, 1993 the FOOT made their determination and concluded that both of the Linton Boulevard on-ramps to 1-95 were projected to operate acceptably through 199ï for the next phase of development for Waterford. The next phase of development in their determination refers to the balance of the project. Based on the foregoing there is no longer any reason to modify these conditions, and we are hereby withdrawing our request to modify Conditions 17, 18 and 19. '~.-"'.) "'...,-..,.....-. - . .' \ (Con't) ,~,:.., '. ' , . j;. .,~: '~"".\..~.;":.....' ..."......~ \'7 "" ... -"'\ ., .~ , li",:i ~ ~.-:.- -'ON\NG ,~~NN\NG & I- .......~~- .--- '. '. Mr. David J. Kovacs, Director April 9, 1993 Page 2 Thank you for your cooperation. If you have any questions, please don't hesitate to call me. AJC/ag ccs: Sally E. Black, Review Coordinator, TCRPC Thomas T. McMurrian, Ocean Properties steve Godfrey, Kimley-Horn Joe Pollock, Kimley-Horn '. .. t --=.. DEPARTMENT OF TRANSPORTATION - IAWTOI'f C"ILI'5 .:=a. TRANSPORT A TION PLANNING OFFICE _ DISTRICT 4 6[.1'1 G. WAITS GOVJ::KI'IOR -==. sr;CRf:TARY - .===: Location: 4101 Ravenøwood Rd.. Bldg. 13. F\. Lauderdale. FL L n / Telephone: (305) 797-8510; Fax: (305) 797-8339 ,) l\k Mailing Addl'C8l: 780 SW 24th SIteet. F\. Lauderdale, FL 33315·2696 6. ,~~'\.. Uv~ March 30, 1993 ~~. ·~fE~J.--. C...... \f Mr. Joseph B. Pollock, Jr., P.E. \ Kimley-Horn and Associates, Inc. ~,) 4431 Embarcadero Drive ~~ West Palm Beach, Florida 33407 ~181q3 Dear Mr. pollock: Subject: On-Ramp Analysis I-95/Linton Boulevard Interchange Waterford Place DRI Delray Beach, Florida This letter serves to transmit our findings associated with a Water ford DRI development order condition pertaining to the 1-95 on-ramps at Linton Boulevard. The condition stipulates that the Department of Transportation must determine that the on-ramps operate at Level of Service "D" or better during peak season conditions, and at Level of Service "cn or better during average season conditions, throughout the next developmant phasel in order for building permits to be issued for that development phase. The information wa reviewed to make our determinations was transmitted to us through your January 1993 traffic analysis and supplemental material dated March 10, 1993 and March 23, 1993. It was agreed that analyses were to be performed for 1993 (representing the completion date of the current development phase) and for (1997 representing the completion date of the next development phase). Both the 1993 and 1997 analyses assumed that the 1-95/Congress Avenue interchange was open to traffic. The analysis approach used for the northbound ramp is consistent with the modified HCS ramp analysis methodology we agreed was appropriate for the northbound on-ramp. We customarily require the use of the HCS merge-analysis equation; however, it was found that averaging the results of the HCS merge- analysis equation with the HCS lane-addition equation produced results which more accurately reflect current operating conditions of the ramp. The southbound on- ramp was analyzed assuming a southbound auxiliary lane between the Linton Boulevard and new Congress Avenue interchanges (HCS lane-addition condition). The analysis indicates that both ramps will operate at LOS C during the AM and PM peak hours for both peak-season and average 1993 conditions. The northbound on-ramp will operate aL LOS D during the 1997 PM peak hour for both peak-season and average conditions I and LOS C during the respective AM peak hours. The southbound on-ramp is projected to operate at LOS C or better for all peak-hour conditions. Due to the proximity of the Linton Boulevard interchange to the new Congress Avenue interchange, a weave analysis was also conducted to assure an acceptable LOS could be maintained. The results of the weave analysis indicate that the weave will also operate at LOS C or better during all peak-hour conditions, throughout the completion of the next development phase. ~.~.... ~~~n 17'~IDJD' . . L·' I '- . . . - :...0 I' "'-i I L~ . " ~ ,., I\J(ß - '" " t.· . . ~ ,""\ ,: ¡ N ~ . 1! "'! '::' " '.... ___1.. _\..' ~" . .......,-; ~RECYCLED ~PAPER " .. Mr. Joseph B. Pollock March 30, 1993 Page 2 The analysis indicates that both of the Linton Boulevard on-ramps to I-95 are projected to operate acceptably throughout the next development phase of the Waterford DRI, based on the Department's Level of Service Stand s. Planning Manager SS: jk cc: Steve Makowski, DCA Michael Busha, TCRPC David Kovacs, City of Delray Beach '. Mr. Ellingsworth moved approval of the license agree- ment with Highbridge Associates and Coastal Partners Limited¡ with the caveat that the work be completed within six (6 ) months of the signing of the agreement; and¡ that payments start at the date of signature, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this point¡ the time being 7:00 P.M.¡ the Commission moved to the duly advertised Public Hearings portion of the agenda. PUBLIC HEARINGS 10.A. Substantial Deviation/Waterford DR I-DO. The Commission is to consider changes to the Waterford DRI Development Order which would establish a build-out date¡ timing for improvements to I-95 ramps and widening of S.W. 10th Avenue. David Kovacs¡ Director of Planning and Zoning¡ ex- plained that the action item before the Commission this evening is that of making amendments to the Development Order for the Waterford DR I. The Development Order is by resolution, and while the resolution is not before the Commission tonight¡ there are two items on which a definitive action can be taken. A third item would then become rather ministerial¡ and a resolution would subsequently be drafted to include all of the actions which would be brought forward at a later date as a consent item. The three items are: ( 1 ) a change to or the establishment of a build-out date for the totality of the overall development of regional impact; (2 ) a change as to when specific studies pertaining to ramp analysis on I-95 is required. This deals with conditions 17¡ 18 & 19 which, in the original approval, include a series of milestones and improvements which needed to be done. All of these improvements have been done, except for one and that is a second right turn lane where Checkers is, and that is not needed. The only thing that is left deals with evaluation of the ramps that go to I-95. Staff is not ready to give a recommendation on this since they are looking towards FDOT and Treasure Coast to come up with language to address how they want to deal with ramp capacity on I-95¡ and (3) a change pertaining to improvements on S.W. 10th Avenue, south of Linton Boulevard, between Linton and Lindell. The original condition was that it be 4-laned. When Builders Square came through, the submission did not have plans for 4-laning 10th Avenue south of Linton, so a condition was added to say that the developer had to apply to have the Develop- ment Order condition modified or provide the four lanes. The developer applied for the modification and staff, upon review, has taken the position that they do not need to 4-1ane 10th Avenue and improve the intersection based upon traffic analysis and total volumes. What does need to be done is, if that inter- section at Lindell and 10th doesn't work, then the developer should be required to signalize it. If it doesn't work with -9- 2/23/93 '. '. . be worked out which is acceptable to the City and the applicant and TCRPC feels preserves that maintenance of level of service as far as this interchange, then a letter will be forthcoming from TCRPC indicating that their concerns are resolved and they see no reason for substantial deviation review. Ms. Black stated that she felt a period of two weeks would be adequate. (3) Mr. Alan Ciklin, attorney representing the appli- cant/ reiterated the Planning Director's remarks in that there are three general requests at this point. One is the build-out date for the balance of the DR1/ and the requested date of 1997 is presumed not to be a substantial deviation. Conditions 17/ 18 and 19 are conditions regarding monitoring of the on-ramps to 1-95/ and the applicant has been working with both FDOT and TCRPC to come up with a condition that they feel comfortable with that will adequately allow them to determine how those ramps are working or not. The third request has to do with S. W. 10th Avenue south of Linton. The Planning Director drafted that condition and the applicant concurs with it. (4) Mr. Ray Masters. 3725 Sherwood Boulevard/ who expressed his opinion that up to this point, the developer has not lived up to his promises and we are now being asked to again accept his word on the matter of this substantial deviation. There is no question that there is a traffic problem on Linton Boulevard and the addition of any more traffic is only going to make a bad situation worse. He asked why the necessary studies are not being conducted by the City to determine what the impacts of these developments are going to be and at that point hold the developer to his promises which have already been made. (5) Ms. Helen Coopersmith/ who expressed her concern about the confusion associated with this request, and her feeling that there doesn't seem to be any clear written contract about what the applicant will be required to do. She also asked when the money committed to by the applicant for road improvements will be received by the city. (6) Ms. Lillian Feldman/ who asked how long we will háve to wait for 10th Avenue to be widened from Linton Boulevard north to S.W. 10th Street? The situation on Linton Boulevard is already at gridlock and, hopefully, this would be addressed immediately. (7) Ms. Alice Finst. 707 Place Tavant/ who stated that she felt the real traffic problem on Linton is at the intersec- tion of Congress Avenue and Linton Boulevard and she hasn't heard anything about any improvements planned for that location. Also, regarding the $470/000 or so that is supposed to be coming from the developer, what happens when the project actually starts and it turns out to really $600,000 or whatever it is; who is going to pay for the overage? Mayor Lynch declared the public hearing closed. -11- 2/23/93 .. ,. Discussion followed in this regard. It was the majori- ty consensus of the Commission (Mr. Ellingsworth, Dr. Alperin and Mayor Lynch) to support the position to require the improvements to S.W. 10th Avenue¡ between Linton Boulevard and Lindell Boule- vard, to be done at the time of completion of Builders Square (issuance of certificate of occupancy targeted for June 1, 1993); the intersection at S.W. 10th Avenue and Lindell Boulevard should be improved at the time the north extension of S.W. 10th Avenue is done. Mr. Kovacs then asked for a formal action on the find- ing of substantial deviation in that the three ( 3 ) items present- ed for consideration at tonight's meeting do not, either individ- ually or collectively, consti tu.te a substantial deviation from the DRI. Mr. Mouw so moved; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - NOj Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. 10.B. Ordinance No. 20-93. Ordinance No. 20-93, amending the Land Development Regulations by creating a new zone district, LI (Light Industrial)¡ is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading¡ a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 20-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH¡ FLORIDA¡ AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH¡ FLORIDA¡ BY ENACTING A NEW SECTION 4.4.26¡ "LIGHT INDUSTRIAL (LI) DISTRICT" ; AMENDING SECTION 4.3.4(K)¡ "DEVELOPMENT STANDARDS MATRIX" ¡ TO PROVIDE FOR THE INCLUSION WITHIN THE MATRIX OF MINIMUM DEVELOPMENT STANDARDS FOR THE LIGHT INDUSTRIAL ZONE DISTRICT; PROVIDING A SAVING CLAUSE¡ A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 20-93 is on file in the official Ordinance Book) Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach¡ Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 20-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. -13- 2/23/93 " .. 0 0 C I T Y COM MIS S ION DOC U MEN TAT ION TO: CJD T~ HARDEN, CITY MANAGER FROM: D~~A~~~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF FEBRUARY 23, 1993 MODIFICATIONS TO THE DEVELOPMENT ORDER (DO) FOR THE WATERFORD DRI AND DETERMINATION OF SUBSTANTIAL DEVIATION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of ~oval of proposed modifications to the Waterford DRI-DO. Concurrent with this consideration, a determination as to "substantial deviation" is to be made. This later item requires a public hearing. The proposed modifications involve: 1. A change of the build-out date. 2. A change as to when specific studies pertaining to ramp analysis on 1-95 is required. 3. A change pertaining to improvements on SW 10th Avenue, between Linton and Lindell. BACKGROUND: The need to address Local Condition 122, that pertaining to improvements on SW 10th Avenue - south of Linton, was made a condition of approval of the previous (Builders Square) modification. Also, DO items pertaining to build-out date and 1-95 ramp analysis were previously identified as needing to be addressed. Each of these items are addressed in the formal request which has been submitted. Please refer to the attached Planning and Zoning Board staff report for full description and analysis. Also attached is the TCRPC staff report. Please note that information contained therein with respect to the build-out date determination is different from that contained in the P&Z report. Even though there is a difference in approach, the outcome is the same i.e. there not a substantial deviation. '. .. City Commission ~~~mentation \j Modifications to the Development Order (DO) for the Waterford DRI and Determination of Substantial Deviation Page 2 The changes to DO Conditions 17, 18, & 19 are still. under review and consideration by FDOT, TCRPC, and DCA. Again, the concerns deal with procedure and not substance. Since a resolve regarding language is not available, final action is not sought this evening. The changes to DO Condition, the local condition, does not have comment from FDOT, TCRPC, nor DCA. The proposal contained in the P&Z report has been accepted by the applicant. MANNER OF PROCEEDING Due to local interest and the fact that the hearing has been properly noticed, it (the hearing) should be held and testimony taken. Action should be taken regarding the build-out date and local Condition #22. If sufficient information is provided at the hearing (by TCRPC and FDOT) direction can be given regarding the language for Conditions 17, 18, & 19. The matter will be placed on a subsequent agenda, in Resolution form, for final action. This final action could be a consent item. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of February 8, 1993. On a 4-2 vote (Kellerman and Naron dissenting, Currie absent) a recommendation for a finding of not to be a substantial deviation and approval of the changes per the staff report was made. A draft copy of the Board's Minutes are attached. RECOMMENDED ACTION: Conduct the public hearing, take action (by motion) on the build-out date and local Condition 122 per the Planning and Zoning Board recommendation; and defer action conditions 17, 18, & 19 pending receipt of further information from FDOT and TCRPC. . . Attachment: * Draft P&Z Minutes of February 8, 1993 * TCRPC Staff Report for February 19, 1993 * P&Z staff Report & Documentation of February 8, 1993 DJK/T:CCWATER4.DOC .. .. MINUTES OF THE PLANNING AND ZONING BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA SPECIAL MEETING FEBRUARY 8, 1993 I. CALL TO ORDER: This Special Meeting of the Planning and Zoning Board was called to order in the First Floor Conference Room, City Hall, at 6:05 p.m. Upon calling the role, the Chair declared that a quorum was present. Members present: Kellerman, Beer, FeIner, Krall, Kiselewski, Naron Member Absent: Currie Staff Present: David Kovacs, Diane Dominguez, John Walker II. BUSINESS ITEMS: A. Review and Recommendations.. "Pertaining to Proposed Changes to the)1 Waterford:8AD/DRI. .. "Chanqe. Pertain to Establishing a Build-Out Date, TiminQ for . Improvements to 1-95 Ramps and to the Widening of S.W. 10th Avenue. No Land Use Changes Are Proposed: Director David Kovacs provided a review of the requested changes to the Waterford DRI-DO. He recommended that the request for a change in build-out date be accepted; that the proposed changes to Conditions 17, 18, and 19 be modified to delete the existing language, except as it pertains to the FOOT determination and that ADT, instead of peak hour traffic counts, be used to determine when further reports are to be provided to FOOT; and, that Local Condition 22 be modified as set forth in the staff report. He concluded by stating the proposed modifications neither individually, nor collectively, constituted a substantial deviation to the existing DRI-DO. Alan Ciklin, the applicant's attorney, was present and stated that he concurred with the Director's presentation. '. .. . P&Z Board Minutes February 8, 1993 Page 2 Mr. Kellerman stated his position that the traffic impacts from the Waterford DRI are not adequately mitigated and that further conditions are necessary. There were several questions by Board Members. The Planning Director provided responses. The Chairman then noted that there were several individuals in attendance who were interested in this matter and that he would entertain public comment. Helen Coopersmith stated the following: (a) that she desired determinations by FDOT prior to acting; (b) she questioned the change to peak hour instead of ADT; (c) what is the significance of "presumed" when discussing the question of substantial deviation; and, (d) what is the basis for establishing a build-out date. Chairman Krall responded to (b) and (c) as follows: (b) the applicant has agreed (per the staff recommendation) not to change to peak hour; (d) the build-out date per the Application for Development Approval (ADA) was 1990 and a seven (7) year extension is permissible without it being presumed to be a substantial deviation. The Planning Director responded to the other items as follows: (a) the FDOT determination pertaining to the need to increase ramp capacity was due by March 31, 1993. It does not have a bearing on the item before the Board. (c) "presumed" is a term used in the Florida Statues which determines upon whom the burden of proof rests when making the decision regarding whether or not a proposed change constitutes a substantial deviation. " .. P&Z Board Minutes February 8, 1993 Page 3 Member Kellerman restated his position based upon existing congestion along Linton Boulevard. Director Kovacs' responded that the existing congestion is not related to the item which is before the Board. After further discussion, it was moved by Kiselewski to forward a recorrumendation that: 1. The proposed changes. to the Waterford Place DRI do not constitute a substantial deviation. 2. That the proposed changes to the Waterford Place DR I-DO conditions be approved as amended as outlined in the Staff Report. The above motion carried on a 4-2 vote with Kellerman and Naron dissenting. Prior to the vote, the Chair noted, for the record, that the applicant's representative had previously stated his concurrence with the staff recommendation. B. Recommendation to the Ci t~ Commiss 10n Regardinq the Initiation of Plan Amen Ðnt 93-1. John Walker, Advanced Planning Division, made a presentation and reviewed the staff report. He noted previous occasions upon which the Board had reviewed most of the material. He noted that some new items were found on pages 4 and 5 of the Staff Report. At this point, the Director suggested that consideration be given to adding review of the Auto Use Location Policy given current action on an LDR text amendment affecting the A.C. Zone District. After some discussion, the Chair did not accommodate this suggestion but stated that if the City Commission approves the LDR amendment, it would then be appropriate for the Board to add consideration of the Auto Location Policy to Plan Amendment 93-1. '. ,. ,/( (ju1 [ITY DF DELHAY BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: fÂobert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # q c.." CITY COMMISSION MEETING JULY 13, 1993 AMENDMENT CARVER REUSE RECOMMENDATION DATE: July 8, 1993 ACTION City Commission is requested to approve an amendment to the Carver Reuse Report and forward the amended report to the County School Board for the purpose of developing an action plan. BACKGROUND In November 1991, City Commission approved a Carver Middle School Reuse Report and forwarded those recommendations prepared by your task force to the School Board for consideration and action. In May, 1993, Dr. John Boyle, Assistant Superintendent for Special Programs, requested that the Task Force be reconvened to consider amending the report to include the relocation of the South Area High School to the Carver campus. The Task Force met on June 3rd and June 29th to discuss the proposed relocation. A subcommittee, which included June Carr, Deborah Dowd and Jean Beer visited the South Area High School on June 8th and reported their findings to the Task Force on June 29th. South Area High School is currently located in Lake Worth in an old elementary school building. The school now contains approximately 145 students and is a drop-out prevention school. Students have to apply and be selected to attend this program. Approximately 30% of the students attending the school are from the Delray Beach area and approximately 19% are black. ~ 6-0 THE EFFORT ALWAYS MATTERS .. Agenda Item # Amendment Carver Reuse Recommendation Page 2 It was the consensus of the Task Force to add the relocation of the South Area High School to the recommendations for reuse. In addition, other changes to the original report have been recommended. It was the consensus of the Task Force that the Carver campus could support the South Area High School with a maximum student enrollment of 380 and still be utilized for the other programs recommended. RECOMMENDATION The Task Force is recommending City Commission approval of the amended report and asking the Commission to forward the amendment to the School Board for the purpose of developing an implementation plan. RAB:kwg Attachment '. CARVER MIDDLE SCHOOL TASK FORCE AMENDED REPORT/RECOMMENDATION JULY 7, 1993 The Carver Middle School Task Force was established by the City Commission in March, 1991, with twenty-one (21) persons representing various Commission advisory boards, citizens at large and staff appointed in April and May. The purpose of the Task Force was to determine and recommend to the City Commission the best use for the existing Carver Middle School buildings and site once the new middle school is built at West Atlantic Avenue and Barwick Road. In November, 1991, the Task Force, after numerous meetings and site visits, prepared a consensus report with recommendations for the reuse of Carver. City Commission adopted these recommendations and forwarded them to the School Board. In May, 1993, Dr. John Boyle, Assistant Superintendent for Special Programs, requested that the Task Force be reconvened to consider amending the report to include the relocation of the South Area High School to the Carver campus. The Task Force met on June 3rd and June 29th to discuss the proposed relocation. A subcommittee, which included June Carr, Deborah Dowd and Jean Beer visited the South Area High School on June 8th and reported their findings to the Task Force on June 29th. It was the consensus of the Task Force to add the relocation of the South Area High School to the recommendations for reuse. In addition, other changes to the original report have been recommended. Therefore, the Task Team is recommending City Commission approval of the amended report and asking the Commission to forward the amendment to the School Board for the purpose of developing an implementation plan. The amended recommendations are as follows: RECOMMENDATION: 1. The Task Force has determined that it is very important to maintain community-focused, educational and vocational components that would be available both during the day and evening for adults electing to improve their education and skills for better job opportunities at the Carver Middle School site. Programs offered should be sponsored and funded by the School Board, some of which are already in place. Therefore, the Task Force would recommend the following programs be planned and implemented by 1993 at the Middle School facility. - Preschool, kindergarten programs -- implementation could begin during the 1992 school year utilizing existing vacant space, enhancing the program as more space becomes available. '. .. Carver Middle School Task Force Amended Report/Recommendation July 7, 1993 - Adult education and community education programs offering a variety of educational and vocational training opportunities. Such programs should include the opportunity for one to earn a GED and other types of certifications. - Satellite location for cpt#tttA/ / !J1fj¢'(I. Vocational/Technical programs that would incorporate programs utilizing home economics and shop facilities. - English for speakers of other languages -- program to be expanded and enhanced based on the needs of the community. - Day Care programs in support of Adult Education and vocational programs. Service should be offered during the day and evening to encourage attendance. - South County School Board satellite office space. Consideration should also be given to provide administrative staff in support of programs implemented. - Community Library Facility In addition, the Task Force recommended that the School Board continue to offer the following: - Use Agreements with churches and organizations for meeting rooms. - Space for Community Interest Workshops and Events which may be sponsored by community organizations, City or the School Board. 2. The Task Force has determined that there is a need within the southwest area to provide viable, structured recreational programs for all ages. Therefore, we recommend that a full scale recreation facility, similar to the Pompey Park facility, be incorporated within the Carver Middle school site. The facility should include, but not necessarily be limited to, the construction of a public swimming pool, baseball and softball fields¡ tennis and racquet ball courts and outside basketball courts. The inclusion of the Catherine Strong facility should be a part of the overall plan in developing a comprehensive recreation program. city-sponsored recreation program should include space and programming for the following: - Boys and Girls Club - M.A.D. D.A.D.S. '. Carver Middle School Task Force Amended Report/Recommendation July 7, 1993 - Kids 'N Cops Program - special activities and programs sponsored by this group. - Afterschool and Summer Recreation programs -- current programs could be enhanced and expanded to include additional age groups not currently serviced. J/ri/ Amít/lJiril / / /tItJ.~/ / /J/a$1d / /fIr/Jt/::kl / /wbiiYd/ / lrIéŒÓfrJrié1ÁdI / /tI.'i1W / /ihkf / /tiJcN c/øn/3/W.ét/ / /frltþ/J..klrft~ntJjfri~/ / /tItJ.ø/ / IfIdl1Wjf1Ág/ / HIM kiri/á/#ééfoklrltl./J.¡MitfdWd f1ct'l1ÞkiJI /f,ÞkiIfd. - rt.tíiat!i:Ikj /fA/ pkiYitW /Sú'óWát!bId /wlilijfrl,j ilie / t.ákijflltfl. The City would be responsible for capital investment needed for these programs, for program management, and for sharing in facility maintenance costs associated with City sponsored programs. 3. The Task Force is recommending the development and implementation of a comprehensive social service component housed within the Carver Middle School facility. Programs offered under this component should be directed at the disadvantaged child and families, including the senior citizen, children in the "at risk" category and special needs normally identified and associated with low-income families. Therefore, the Task Force is recommending that the following components of the following programs be planned and implemented by 1993 at the Carver Middle School site: - Satellite facility for the Mae Volen Senior Center, servicing customers in Delray and Boynton or similar services offered and sponsored by another agency. Service should include daily activities and meals. - Administration and training components of the Private Industry Council (PIC) which is a private, nonprofit organization that provides eligible Palm Beach County residents with free job training, job placement assistance and supportive services. The agency has determined that there is a strong need to provide meaningful job training at a South County service location. - Social Service component to include programs and services for child care resources, counseling, volunteer outreach programs, health education, teenage parenting, etc. " Carver Middle School Task Force Amended Report/Recommendation July 7, 1993 - Appropriate space allocated within the facility sufficient enough to house an expanded Headstart Program currently managed and operated by the County at the Catherine Strong facility; releasing the City from it's lease commitments with the County for Headstart and enablinq the South County Boys and Girls Club to utilize this facility. 4. The Task Force would recommend that a public/private partnership be created to encourage the development of meaninqful job training opportunities that would provide for immediate job placement after the development of specific job skills. A partnership could be created between the Private Industry Council (PIC) and IBM, Motorola, local printing companies, etc., or the School Board. Such could be funded and operated from the private sector and be a component part of the facility. 5. The Task Force recoqnizes the need for adequate facilities to house the South Area Hiqh School. Facilities needed include cafeteria space, athletic facilities and additional classroom space. After careful review the Task Team concluded that there exists enouqh space at Carver Middle School to accommodate the South Area Hiqh School as well as other recommended proqrams with proper coordination. The Task Team recommends that the South Area Hiqh School be relocated to the Carver campus with a maximum enrollment cap of 380 students. 6. In their deliberations the Task Team expressed concern regardinq the manaqement of the entire Carver campus with the myriad of proqrams recommended for the site. The Task Team thinks it is important that the facility manager be sensitive to the needs of all proqrams and tenants and not be a one dimensional manager. The Task Team concurred that manaqement of the facility should be under the purview of the School Board but request that the Board seek out an individual with stronq administrative and manaqement skills. FILE:EdBoard Carver.Rec RAB:kwg ~ ,- June 24, 1993 To: Carver Middle School Task Force Mayor Lynch, Members of the Delray Beach City Commission From: June Carr Subject: Visit to South Area High School June 8, 1993 As per Dr. Boyle's and the Delray Beach City Manager's request, Deborah Dowd, Warren and Jean Beer and I visited the South Area High School on the above date. We met with Mr. Edward Foley, Jr. , Principal, and Mrs. Margarita Pinkos, Assistant Principal. This is a self-contained campus, with the exception of one portable for P E and a cafetorium. The main building is two stories with a West and South entrance. The school is located in a quiet residential neighborhood and faces a ONE- WAY North street. ,'3 The current enrollment is 145 students with approximately l-~ ratio of teacher to student. Twenty- five per cent of the students work after school, thirteen point eight per cent drive to school, approximately fifteen school buses deliver students. They had to put in a parking lot for students, teachers, buses, etc. The students are generally between the fourth and ninth st~ines, generally middle class, and the majority are white. '. The South Area High SC~OOl is a drop-out prevention shhool, and not the last step to expulsion. Their graduation rate has gone up each year in the eight years they have been in existence. For~two graduated this year. Students sign a one year contract to attend the school. If they show potential for studying, they may take double courses in subjects. I I There is psychological/help at the campus. These children sometimes have crisis situations. They are encouraged to go for help rather than disrupt a class. All classrooms are locked from the outside, because the school discourages late attendance. Students are accompanied to the restrooms, and absentees are checked every day because sometimes they don't attend for a few day's to 0'0 surfing, etc. Mostly ""Jhen a student goes out into the neighbürhood, it is to smoke 8 cigarette, aDd either the school personnel, or the Lake Worth Police find them. Beepers are taken away for the day. 7 If the school moves to Delray Beach there would be aPDroximatelY~ . buses delivering the students. The area would be from Okeechobee Blvd. South through Boca Raton. To get the extra funds they would have to start wi th ~ students. 3'so The principal would have the option of accepting or rejecting any program proposed for the Carver Middle Sccool Campus. Several of his staff have reservations about moving to Carver, and may seek transfers. '. '. - " I was favorably impressed by this alternative program. The school is run as a private school more than as a public school. ~~C~ June Carr , '. " M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS ~ FROM: CITY MANAGER :if/ I SUBJECT: AGENDA ITEM # q D - MEETING OF JULY 13, 1993 RESOLUTION NO. 71-93/EXTENSION OF SUNSET DATE FOR NEIGHBORHOOD TASK TEAM DATE: JULY 8, 1993 This item is before the Commission to consider Resolution No. 71-93 which extends the established sunset date of July 31, 1993, for the Neighborhood Task Team to December 31, 1993. As noted in the accompanying staff report, the Executive Committee has requested this extension in order to allow time for additional code amendments to be brought forward for consideration. If adopted, the Task Team would have the ability to monitor the implementation and impact of these ordinances. The Neighborhood Task Team may or may not hold regular monthly meetings. Recommend consideration of Resolution No. 71-93 to extend the sunset date for the Neighborhood Task Team from July 31, 1993, to December 31, 1993. f~ '-I é:õ- I (/lVJ ~ ~) ref:agmemol4 " " ------ --.. ..- --~- RESOLUTION NO. 71-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 102-91 RELATIVE TO THE SCOPE OF RESPONSIBILITY FOR THE NEIGHBORHOOD TASK FORCE, AND AMENDING RESOLUTION NO. 82-92 WHICH EXTENDED THE ESTABLISHED SUNSET DATE FOR THE NEIGHBORHOOD TASK FORCE TO JULY 31, 1993, BY FURTHER EXTENDING THE SUNSET DATE OF SAID NEIGHBORHOOD TASK FORCE TO DECEMBER 31, 1993. WHEREAS, at the meeting of July 10, 1990, the City Commission adopted Resolution No. 68-90, establishing the Neighborhood Task Force, assigning it duties, and setting a sunset date; and WHEREAS, at the meeting of December 10, 1991, the City Commission adopted Resolution No. 102-91, which authorized the Neighborhood Task Force to hold monthly meetings on an ongoing basis and extended the established sunset date to July 31, 1992; and WHEREAS, at the meeting of July 28, 1992, the City Commission adopted Resolution No. 82-92 which authorized the Neighborhood Task Force to reconvene in January, 1993, with an established sunset date of July 31, 1993; and WHEREAS, the Executive Committee of the Neighborhood Task Force has requested an extension of the established sunset date for the purpose of monitoring the implementation and impact of certain forthcoming proposals from the task force. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 102-91 is hereby amended to read as follows: (F) Development and review of specific recommendations directed at mitigating identified code enforcement problems throughout the City of Delray Beach, and to ptrbý¡L~é té¢øøøé~~itiø~$//tøwit~//t~é//á~øptiø~//øt///~éw á~~/øt/imé~~é~//øt~í~á~¢é$/tøt//títý//tøøøí$$iø~ ¢rbnsL~ét~tLr/Jn monitor the adoption and implementation of specific new and/or amended ordinances put forth by the Neighborhood Task Force for City Commission consideration. '. " -----. Section 2. That Section 3 of Resolution No. 82-92 is hereby amended to read as follows: Section 3. This Neighborhood Task Force shall be authorized to reconvene in Jánnátr/l~~~ August 1993, and to hold monthly meetings on an ongoing basis, and shall disband upon the discharge of its assigned tasks or by n¡r/~l¿//l~~~ December 31, 1993, unless otherwise extended by action of the City Commission. Section 3. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 13th day of July, 1993. ~£~ ATTEST: " MAY ~ o ÞiNYT1'ilf!!.::)&~ Jk~- City CI k - 2 - Res. No. 71-93 '. .. MEMORANDUM TO: DAVID HARDEN, CITY MANAGER r~ FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~ RE: CONSIDERATION OF NEIGHBORHOOD TASK TEAM SUNSET DATE OF JULY & 1993 PURSUANT TO RESOLUTION NO. 82-~ DATE: JULY 6, 1993 ITEM BEFORE THE COMMISSION: - - City Commission consideration to amend Resolution No. 82-92 extending the sunset date of the Neighborhood Task Team from July 31, 1993 to December 31, 1994 pursuant to the request from the Executive Committee of the Task Team. BACKGROUND: The City Commission adopted Resolution No. 82-92 on July 28, 199.2, which authorized the Neighborhood Task Team to reconvene in January 1993 through July 31, 1993 unless otherwise extended by action of the Commission. NTT was established to develop and review specific recommendations directed at mitigating identified code enforcement problems throughout the City and to provide recommendations to the City Commission toward the adoption of new and/or amended ordinances for better enforcement of the same. The Task Team recommended the adoption of three (3) new ordinances at a City Commission workshop meeting on May 4, 1993. These ordinances were related to (a) prohibiting parking on front lawns, (b) minimum standards and requirements for designated parking areas for all single family and duplex residences and (c) minimum landscape requirements for existing single family residences constructed prior to October, 1990. These ordinances are currently under draft by staff and should be considered for first and second reading during the month of August, 1993. The Executive Committee is requesting an extension of their sunset date to allow time for some other code amendments not brought forward to date and the ability to moni tor the implementation and impact of proposed new ordinances should they be adopted. The Task Team mayor may not hold regular monthly meetings. RECOMMENDATION: Staff is recommending City Commission consideration of the executive committee's request to amend Resolution No. 82-92, providing an extension of their sunset date to December 31, 1993. Staff would also recommend that the Commission establish a new purpose for the Neighborhood Task Team consistant with goals and objectives identified within the Housing Element of the Comprehensive Plan. B:NTT.RES/LB '. " RESOLUTION NO. 82-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 102-91 WHICH PROVIDED FOR MONTHLY MEETINGS AND EXTENDED THE ESTABLISHED SUNSET DATE OF THE NEIGHBORHOODS TASK FORCE TO JULY 31, 1992, TO AUTHORIZE THE NEIGHBORHOOD TASK FORCE TO RECONVENE IN JANUARY 1993, FOR THE PURPOSE OF HOLDING ADDITIONAL MEETINGS AND PROVIDING FOR A NEW SUNSET DATE OF JULY 31, 1993¡ PROVIDING AN EFFECTIVE DATE. WHEREAS, at the meeting of July 10, 1990, the City Commission adopted Resolution No. 68-90, establishing the Neighborhoods Task Force, assigning it duties, and setting a sunset date; and, WHEREAS, at the meeting of November 27, 1990, the City Commission adopted Resolution No. 113-90, which extended the established sunset date of the Neighborhoods Task Force; and, WHEREAS, at the meeting of December 10, 1991, the City Commission adopted Resolution No. 102-91, which authorized the Neighborhoods Task Force to hold monthly meetings on an ongoing basis and extended the established sunse~ date to July 31, 1992, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 3 of Resolution No. 102-91 be, and the same is hereby amended to read as follows: Section 3. This Neighborhood Task Force shall be authorized to reconvene in January 1993, and to hold monthly meetings on ãñ ongoing basis, and shall disband upon the discharge of its assigned tasks or by July 31, 1992 1993, unless otherwise extended by action of the City Commissi~ Section 2. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 28th day of July, 1992.· ~:9:If:¿ ATTEST: (1j1~~,)11 (ift. /./aÄiiy ity Cl rk , '. . . -- -- - . RESOLUTION NO. 102-91 A RESOLUTION OF TfŒ CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 68-90 WHICH ESTABLISHED THE NEIGHBORHOODS TASK FORCE OF THE CITY OF DELRAY BEACB AS AN AD-HOC ADVISORY BODY TO THE CITY COMMISSION, TO PROVIDE FOR A REVISED SCOPE OF RESPONSIBILITY AND ESTABLISHING A MAXIMUM NUMBER 01' APPOINTED MEMBERS; AND AMENDING RESOLUTION NO. 113-90 WHICH EXTENDED THE ESTABLISHED SUNSET DATE OF THE NEIGHBORHOODS TASK FORC!, TO PROVIDE FOR MONTHLY MEETINGS AND A NEW SUNSET DATE OF JULY 31, 1992, PROVIDING AN EFFECTIVE OAT!. WHEREAS, at the meeting of July 10, 1990, the City Commission adopted Resolution No. 68-90, establishing the Neighborhoods Task Force, assigning it duties and responsibilities, and setting a sunset date, and, WHEREAS, at the meeting of November 27, 1990, the City Commission adopted Resolution No. 113-90 which extended the established sunset date of the Neighborhoods Task porce; and, WHEREAS, at the meeting of December 3, 1991, the City Commission approved a staff recommendation to expand the membership and change the scope of responsibility for the Neighborhoods Task Force, and further authorized the holding of monthly meetings and a new sunset date for the Neighborhoods Task Force, NOW, THE~FOR!, 8S IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACR, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 68-90 be, and the same is hereby amended by adding a new subsection (F) to read as follows: (F) Development and review of specific recommendations directed at mitigating identified code enforcement problems throughout the City of Delray Beach, and to provide recommendations toward the adoption of new and/or amended ordinances for City Commission consideration. Section 2. That Resolution No. 68-90 be, and the same is hereby amended by adding a new Section 4 to read as follows: Section 4. That the Neighborhoods Task Force membership shall not exceed twenty-five (25) persons. Section 3. That Section 3 of Resolution No. 68-90, together with the provisions of Section 1 'of Resolution 113-90, be, and the same i. hereby amended to read as follow.: Section 3. This Neighborhood Task Force shall be authorized to hold' monthly meetinqs on an ongoing basi., and shall disband upon the discharge of its assigned tasks or by l~ri~.t1IJZ'IZ"Z July 31, 1992, unless otherwise extended by action of the City Commission. Section 4. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 10th day of December, ,,,1. ~~¿_ ATTEST: , MAY o (¡ :;V"Y) 'iYf¡:f'- 1ft: r 110 lif 1ty C e \ -_..~ _.............. . ........ .~. ....-- .. .-.-..--. -. ~....._._..._....._.....--- ........ ...... ~..'.. .........-.......-....... .-...._... --- "." - -_.. ..' .' -.. .... -. ..... - ------ -------_. - --- -- --. -- - --- --. ---- '. " ~~JµØ M E M 0 RAN DUM &J- pµI~ .~~ TO: MAYOR AND CITY COMMISSIONERS ~ ~ FROM: CITY MANAGER t'11 SUBJECT: AGENDA ITEM # q. £. - MEETING OF JULY 13, 1993 REQUEST FOR WAIVER OF ROADWAY IMPROVEMENT OBLIGATIONS/ CALVARY BAPTIST CHURCH DATE: JULY 8, 1993 This item involves a request for a waiver of LDR Section 5.3.1(E) (2) pertaining to roadway improvement obligations in conjunction with a development request involving site plan approval. Calvary Baptist Church is located at the southwest corner of S.W. 10th Street and S.W. 8th Avenue. The site is bounded by S.W. 11th Street on the south, S.W. 8th Avenue on the east, S.W. 9th Avenue on the west, and S.W. 10th Street on the north. S.W. 10th Street is paved; the other roadways have shellrock surfaces. The Church is seeking development approval for construction of a 2,016 sq. ft. assembly hall, along with parking and landscaping improvements. The referenced LDR Section 5.3.1(E) (2) requires that when a street is located on the boundary of a project, the project is responsible for providing at least one-half of the street improvements. If it is impractical to physically provide the improvements, the obligation may be met through payment of a cash equivalent for the improvements. As indicated in the accompanying staff report, the scale of this particular project renders it impractical to improve the roads at this point, nor does it warrant the payment of $40,000 in improvement costs. It is noted, however, there may be a future development proposal for the site at which time it may be appropriate to require that the church participate in the roadway improvement costs. The Site Plan Review and Appearance Board reviewed this item on June 30, 1993, and recommended (5-0 vote) approval of a waiver of the requirement to provide one-half of the cost of the improvements for S.W. 8th and 9th Avenues and S.W. 11th Street in conjunction with the construction of an assembly hall at Calvary Baptist Church. Recommend that the Commission grant a waiver of the requirement of LDR Section 5.3.1(E) (2) pertaining to roadway improvement obligations for Calvary Baptist Church, based upon positive findings with respect to LDR Section 2.4.7(B) (5). ref:agmem05 '. .. DI\ ft,,-/l C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: L~~sf;~lõR ING AND ZONING FROM: Y A. COSTELLO ING TECHNICIAN II SUBJECT: MEETING OF JULY 13, 1993 CONSIDERATION OF A WAIVER TO ROADWAY IMPROVEMENT OBLIGATIONS [SECTION 5.3.1 (E)(2)] FOR CALVARY BIBLE . MISSION BAPTIST CHURCH (S.W. 10TH ST. & S.W. 8TH AVE.) ,.... ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of grantinq a waiver of the roadway improvement obligations in conjunction with a development request involving site plan approval. The subject property is located at the southwest corner of S.W. 10th Street and S.W. 8th Avenue. BACKGROUND: The development proposal involves the construction of a 2,016 sq. ft. assembly hall for the Calvary Baptist Church, along with landscaping and parking improvements. The property abuts roadways on all 4 sides: S. W. 8th and 9th Avenues; and S. W . 10 and 11th streets. Except for S. W. 10th Street which is paved, the roadways have shellrock surfaces. Pursuant to Section 5.3.1(E)(2) (Improvement Obligations), when a street is located on a boundary of the project, the project is responsible for providing at least one-half of the street improvements. If it is impractical to physically provide the improvements, the obligation may be met through payment of the cash equivalent of improving one-half of the street. As S.W. 8th and 9th Avenues and S.W. 11th Street are unpaved, and improvement of these roadways is not practical at this time, the Church is responsible for providing one-half of the cost of the improvements. At an estimated cost of $25 per linear foot, the church's share of the costs (including paving and drainage) would be approximately $40,000. The applicant has requested that the City Commission waive the cost sharing requirement at this time. '. " City Commission Documentation Meeting of July 13, 1993 Waiver to Improvement Obligation for Calvary Bible Baptist Church Page 2 REQUIRED FINDINGS: Pursuant to Section 2.4.7(B)(5), prior to granting a waiver, the City Commission shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the 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 condition of the streets is existing. At this time the church does not take access from any of the unimproved roadways, therefore, this project will have no direct impact on these roads. The addition of a 2,016 sq. ft. assembly hall is a relatively minor improvement that is expected to generate a minimal number of new traffic trips. The scale of the project does not warrant the improvement of three abutting roadways, or the payment of $40,000 in improvement costs. The request appears to be consistent with the above listed findings. The applicant has indicated that the church intends to construct a school on the site sometime in the future, perhaps in 3-5 years. The school is not a part of the current proposal. If the roads are still unimproved when plans for the school are submitted, it may be appropriate to require that the church participate in the improvement costs at that time. SITE PLAN REVIEW AND APpEARANCE BOARD CONSIDERATION: At its meeting of June 30, 1993, the Site Plan Review and Appearance Board recommended 5-0 (Mouw and Marsh absent) to approve a waiver of the requirement to provide one-half (1/2) of the cost of the improvements for S. E . 8th and 9th Avenues, and S.W. 11th Street, in conjunction with the construction of an assembly hall at the Calvary Baptist Church. RECOMMENDED ACTION: By motion, grant a waiver of the requirement of LDR Section 5.3.1(E)(2) (Improvement Obligations), to provide one-half (1/2) of the cost of the improvements for S.E. 8th and 9th Avenues, and S.W. 11th Street, in conjunction with the construction of an assembly hall for the Calvary Baptist Church. Attachments: * Location Map * Request Letter JC/T;CCCBAP,DOC " " (~) 0 - ,\ I · I I I ._ ~ - ~ ~ OJIIJJJIIJI] - --« -< - _~ - s.w. IITH_ i-- _ 1--- -~ f-- I-- - -~ ~ <;\)~C~-r ~ ~ - - 9fO'~Ø'( s.w. IITH- -~ - \ ~ 3i ~ .- i-- ~ vi If) iii - £~ ¡~ I ~rnIIIIIIIIJ~ ¿ /~ : = II = II = II ¡; ¡; - ,... loll _ U nDI\IC' I,J~ I s.w. 11TH ST. --- $7 - ,....- ~Qï --- Ö'/ --- -,- 1-1- rl ___ .. 1/11. iii vi ~- I/~ -- SErnA DRI7j ~ I III/ ~~__ v: ~ ~- ,.. I OUClASS AVENU£ ~ ~ - ...- ~r1~ -OJ ' 1 \ EET~ I ¡ I I ~ /&< - \ e~ S~ - II I III ~ f-- SL ~ ~ __~)~Ð ~ == ~/--- I --- :.--. I I --- l-/ QUEENS It. Blvt>::""- - I ~ . r-- Avt:.. « L-. I I I ¡; ~ : ~ vi -- I I ~ .. I LINTON BOULEVARD ~ II r ) I L...., _______ CALVARY L-J ) LAV[R'~ ---- BAPTIST CHURCH /ivF ~ ~ '. .. . . . (.07) 395-8550 F.P. DINO INT'L Suite .70 2234 N. Federal Hwy. Boca Ralon, FL 33431 . Mr. Jeff Costello Delray Bch., Planning Dept. 100 N.W. 1st Ave. Delray Beach, FL. 33444 6-21-93 RE: Calvary Bible Mission Baptist Church Dear Jeff, May this correspondence serve as formal request for Dept. waiver of obligation to make improvements to sub-standard road ways adjacent to subject property pursuant to Sec. 5 . 3 . 1 (E) ( 2 ) . It is our contention that as a not for profit entity that works perpetually to enhance and serve the social and emotion- al needs of the community, relief from said obligation is fin- ancially warranted. Please advise further if any additional information is required. Thank you. Sincerely, P. Dino , cc Pastor Busby C.B.M.B.C. ".,.=P un 11Wij '" "/. I' , ' ,.,t \p\\..:f,..,·,.û'l}: . ~ ;.. \ :' J ,.~., .......~ . --:";1 ~ "~,\ ::..' .... ~... JU;\ 23 rn:s , . ~ .... N\NG r' It "qG (; 1_0 ,pL ,.... ,.1 '. " . ~ 6-0 M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Ðfv1 SUBJECT: AGENDA ITEM # qF - MEETING OF JULY 13, 1993 APPROVAL OF CONSULTING FIRMS FOR SERVICES ASSOCIATED WITH REDEVELOPMENT EFFORTS DATE: JULY 8, 1993 This item is before the Commission for approval of three (3) consulting firms to provide continuing services for market analysis and project feasibility studies in conjunction with the City's redevelopment efforts. In the Comprehensive Plan, six (6) areas are identified as being in need of development strategy plans to accomplish redevelopment. The Silver Terrace area is the first plan to be looked at, and it was during analysis of this area that it became evident that market data would be needed to make sound economic judgments regarding potential land uses. Likewise, the other redevelopment areas will also require similar types of services, although the scope of services necessary may vary from one to the other. To this end, a Request For Qualifications (RFQ) was advertised to obtain professional consulting services. Twelve responses were received and an overview of the selection process is outlined in the accompanying staff report. Of the five highest ranking firms, three were selected as the most suitable for providing the City with "specialized professional services". They are: Goodkin Research Corporation Reinhold P. Wolff Economic Research, Inc. Ben Withers and Associates These firms will provide a range of capabilities and expertise that can be drawn upon for various aspects of the redevelopment plans. It is our intent that a "personal services contract" will be negotiated with each firm, and brought back to the City Commission for approval along with the initial service authorization prior to the use of any of the firms services. Recommend approval of the selection of the three consulting firms listed above to provide on-going market research and economic development services for the City, and authorize staff to negotiate contracts with the firms on an as needed basis. ref:agmemo12 " " ,..-¡/ " ~ {~f C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: ~~'~TOR DEPARTMENT F LANNING AND ZONING FROM: ~K~R II SUBJECT: MEETING OF JULY 13, 1993 SELECTION OF FIRMS TO PROVIDE MARKET RESEARCH AND FEASIBILITY ANALYSES IN ASSOCIATION WITH PLANS FOR SPECIFIED REDEVELOPMENT AREAS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of 3 consulting firms to provide continuing services for market analysis and project feasibility studies in conjunction with the City's redevelopment efforts. BACKGROUND: The Comprehensive Plan identifies 6 redevelopment areas throughout the City which require a redevelopment plan. The plans will establish new uses where appropriate, and a general development strategy to accomplish redevelopment. The Silver Terrace area is the first of such plans. During the analysis of the Silver Terrace area, it became evident that market data would be needed to make a sound economic judgment regarding potential land uses. In order to obtain professional consulting services, a RFQ (Request For Qualifications) was advertised for "a real estate market analyst to provide on-going professional assistance in the assessment and feasibility of redevelopment and revitalization plans to be carried out in implementation of the City's Comprehensive Plan". The provision to provide "on-going" services eliminates the need to go through the advertising and selection process to engage a market research firm(s) for each redevelopment plan. The role of the market research firm(s) will be to provide advice to the City as it relates to evaluating the real estate market. This may involve a scope of services and/or studies which may include conceptual ideas, market feasibility, absorption strategies, economic valuations, financial projections, creating pocket CRA's with tax increment financing, appraisals, and eminent domain proceedings. '. ,. City Commission Documentation Retention of Market Research Consultants Page 2 Each redevelopment area is situated in a different geographical area of the City. The redevelopment plan for each area will vary accordingly, and require different ranges of services as mentioned above to accomplish redevelopment. It may be appropriate that several firms be retained on an as needed basis to provide specialized services and expertise which will be unique to each plan. As this type of consulting service is unique (i.e. a personal services contract to advise the City regarding a specialized area of expertise), it is not governed by Chapter 36 of the City's Code of Ordinances. It is the intent that the City will negotiate and enter into "personal service contracts" with the 3 qualified firms for work to be performed on an as-needed basis. Approval of fees associated with such services will be incorporated into the contracts along with a specific scope of work to be approved by the City in service authorizations. The guidelines as outlined in Chapter 36 for approval of service authorizations will be followed by the City. Market Research Firm Selection Process: The Planning Department received 12 responses to the RFQ from firms with a variety of expertise and capabilities. The respondents included small (one or two person) operations, as well as some of the nation's largest market research firms. A selection committee comprised of David Kovacs, Director of Planning; Diane Dominguez, Supervisor of Current Planning; Janet Meeks, Planner II; Karen Kiselewski, Planning and Zoning Board Member; and William Andrews, private citizen was created to review the RFQ's and set guidelines for selecting a firm(s). The selection process involved ranking the 12 firms based on their capabilities, adequacy of personnel, past record, the firm's and/or individual's experience, references (private and public), and manner of approach. The 5 highest ranking firms were short-listed and interviewed by the selection committee. Of those 5 firms, 3 were selected as the most suitable for providing the City with "specialized" professional services. The successful firms include the following: Goodkin Research Corporation: Goodkin has served the real estate and financial industry for two decades with expertise in redevelopment and revitalization programs. The firm has good relationships with and access to developers in the private industry. Goodkin Research could provide a full range of services and financial advice to carry a project like Silver Terrace from conception to setting up a pocket CRA for final development. '. City Commission Documentation Retention of Market Research Consultants Page 3 Reinhold P. Wolff Economic Research, Inc. : Wolff Economic has numerous years of experience in market feasibility studies for commercial developments with a heavy emphasis on residential developments. As this firm publishes the Quarterly Housing Reports, current market trend data is readily available upon request. This firm could be called upon for short term market studies, and could assist the City in making economic judgements for the feasibility of projects such as a residential development at Seacrest and 22nd Street (Food Lion site). Ben Withers and Associates: Ben Withers has 33 years experience in the field as a professionally certified planner and licensed real estate appraiser. He has a special area of expertise in market analysis and highest-and-best use studies. Mr. Withers provides a unique opportunity to draw upon his ability to conceptualize and solve planning problems as it relates to the real estate market. This firm may be appropriate for a smaller project such as the Osceola Park redevelopment plan. These 3 firms will provide a range of capabilities and expertise that can be drawn upon for various aspects of the redevelopment plans and our on-going needs for professional advice in such matters. It is the City's intent that a "personal services contract" will be negotiated with each firm, and brought back to the City Commission for approval along with the initial service authorization prior to the use of any of the firms services. RECOMMENDED ACTION: By motion, approve the selection of the firms of Goodkin Research, Reinhold Wolff Economic Research, and Ben Withers and Associates to provide on-going market research and economic development services for the City, and authorize staff to negotiate contracts with the firms on an as needed basis. * The qualifications for each firm is available for review upon request at the Planning and Zoning Department. JCM/T.SILVER.DOC '. . ~5-o v: ' , \1 .,)..-" l);£' . [ITY DF DELRAY BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: f2J.ØRobert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING JULY 13, 1993 CONTRACT AWARD - GOLF COURSE GREENS REGRASSING PROJECT DATE: July 9, 1993 ACTION City Commission is requested to waive bidding requirements and award a contract to Rapid Turf, Inc. of Rincon, Georgia, (sole source firm) in the amount of $83,970 for the regrassing of 18 greens at the Municipal Golf Course. Funding to come from Golf Course account 445-4761-572-63.90 Other Improvements. BACKGROUND Rapid Turf, Inc. is a sole source supplier of Rapid Turf Tifdwarf greens sod. The company has a patent on this growing process. The scope of work includes greens preparation, i.e. , stripping, tilling, fertilizing, fumigating, floating 18 greens and installation of approximately 75,000 sq. ft. of Rapid Turf Tifdwarf grass. The project is scheduled to begin approximately September 7th and be completed by the end of the month. We anticipate resuming full play around October 4, 1993. Temporary greens will be utilized during construction unless we feel that we have a safety problem. Due to accounting requirements the project would be charged to the current fiscal year budget. We estimate a cash reserve for the current year of approximately $100,000 which, after the project, would leave a net profit of around $10,000 to $15,000. The golf course manager feels that it is important that we proceed with this project now. In addition, due to the fact that the company has only been in business for three years, they are unable to secure a bond and are requesting a waiver of our bonding requirements. References have been checked by the golf course staff and the reports are that the company does exceptional work. RECOMMENDATION Staff recommends approval of the contract with Rapid Turf, Inc. and waiver of bidding and bonding requirements. . RAB:kwg THE EFFORT ALWAYS MATTERS q.G. '. AS JUL 08 /9'1'J MEMO TO: Bob Barcinski FROM: Brahm Dubin DATE: July 7, 1993 RE: Rapid Turf, Inc. Contract Based on the attached letter from Rapid Turf I nc. , I am recommending that the City forgo its bidding request for the above mentioned contract. ., "I'" " . 07/07/1993 13:35 912-825-2882 RAPID TURF INC PAGE 02 If, Inc Route 2, Box 234A, Rincon, GA 31326 (912) 826-2454 · 1--800-864-6904 FAX (912) 826-2882 Mr. Brah~ Dubin BBRr BY FAX' 1177 R.B. 8th Str..t 407-2'3-8011 Suite 309 o.lray B.ach, PL 33483 RB. Greena aeplac...nt Project July 7, 1993 Dear Brabam, , . ~hank you for Jour pbone call this merøing. I wan~.d to .ubDit this letter in order tbat it "1' aore clearly explain wby, atthi. t.t..., Rapid Turf, ¡QQ. 1. unable to provide a bond for tbe Del Ray Municipal Golf Club project. Rapid ~~f, Inc. was incorporated 10 1990 in the Stat.e of Georgia. In 1991 the coapany began delivering it. product to t.he ..rketplace. In reality we have beell. .al11ng product. and .ervlc.. for three year.. Although we have eatjoye4 tr...ndou8 .ucce.. an4 profitability, tb. c~aÞ' do.. not qualify for bonding unt1l it baa a lea.t a five year history. This aloDg witb aOlM other ainor crit.aria pre..nt. ua frea qualifying. ~bi. 1. no way .uggeat that Rapid ~urf is in.ol..nt or 4oe. not have the capacity or re.ouree. to pre fora. All you .., know, we are curr.ntly under cODtraat with .igh~ golf cour... in the 8ou~h rlor14a area. The.e cODtracts range fraa $35,000 to $400,000 to~al job coat. Boa. of our project. a~le~ed ~hi. year includ. Boaa Ratoll., Key Largo, Kendell Lakes, aDd Bilton Bead, South Carolina. Our r.puta~ioD i. unsurpassed in quality workman.hip and ttm.ly performance. K..p in llind that .. are not new in t.he turf busin..s .' aefor. ..t..bli.bing Rapi4 Turf, Inc. we bad a .ucc...ful conventional turf operat.ion for tw.lv. y..r.. We trust this information will help. w. ~lc~ you to call OD any of our past or current cu.t~r. to verify the credibility of Rapid Turf. Thank you for your con.ideratiou iu t.his aatter. We look forward to working with Del Ray Kuzaieipal Golf Club. If you have aDr further qu..tion. or ca..ants, plea.. call. ., " . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM # 9H - MEETING OF JULY 13, 1993 APPROVAL OF BUDGET TRANSFER AND AWARD OF BID/CHARLES S. WHITESIDE, INC. DATE: JULY 8, 1993 This item is before you to approve the award of bid to Charles S. Whiteside, Inc. in the amount of $65,400.00 for the Pompey Park Tennis and Basketball Court Reconstruction project, including Alternate "A" (expansion of tennis courts) , Alternate "B" (expansion and relocation of basketball courts), and Alternate "c" (construction of retention area south of baseball field) . In order to finance the construction of these improvements, approval of a budget transfer is also required. Funding in the amount of $35,400.00 will be transferred from the General Construction Fund Prior Year Surplus (Acct. #334-0000-301-34.00) to Pompey Park/Tennis Courts/Basketball Courts (Acct. #334-4172-572- 63.01) . Additional funding is to come from the Community Development Block Grant Fund in the amount of $30,000.00, for total funding of $65,400.00. Recommend approval of the bid award to Charles S. Whiteside, Inc. in the amount of $65,400.00 for Pompey Park Tennis and Basketball Court Reconstruction, together with accompanying budget transfer to provide funding as outlined above. ~ 5-0 ref:agmemo16 '. " . . Agenda Item No.: \ AGENDA REQUEST Date: Julv 6. 1993 Request to be placed on: ---.X Regular Agenda _____ special Agenda _____ Workshop Agenda When: Julv 13. 1993 Description of item (who, what, where, how much): Staff requests approval of proiect No. 93-19. Pompey Park Tennis and Basketball Court Reconstruction. includina alternate "A" (expansion of tennis courts). Alternate "B" (expansion and relocation of basketball courts) . and Alternative "C" (construction of retention area south of baseball field) . to Charles S. Whiteside. Inc. in the amount of S 65.400.00. Fundina Source is 334-4172-572-63.01. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff proiect No. 93-19 to Charles S. Whiteside Inc. in the Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~ired on all items involving expenditure of funds): Funding available: E /NO Fundinq alternatives ~apPliCable) Account No. & DescriPtio~-ØJJt¡;~7rl4~-~1 -{lJ, CorJçm. P/;LNÞ-"PLM~ Account Balance If2-A N:; f 10 c ~{S TE1\\NlS/Bf¡, 1\ q ¡q0 4- & 40 12' J cvctIZJS City Manager Review: - I 7r -~s;. . 3- C_~.I"A.PROVt¿M.~ $:"30 COO \(V¡P6j P~l Approved for aqend., @/NO M I Hold Until: Agenda Coordinator Review: ". Received: Placed on Agenda: Action: Approved/Disapproved /agenda.kt ,. "I , ~ ,. DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM RECEIVED TO: DAVID T. HARDEN JUt 8 1993 CITY MANAGER ~ WILLIAM H. GREENWOOD, P.E. I~ 7¡,/r3 CITY MAN ' THRU: AGER.s OFFICE DIRECTOR OF ENV. SVCS. FROM: RALPH E. HAYDEN, P.E.~ CITY ENGINEER DATE: JUly 6, 1993 SUBJECT: POMPEY PARK TENNIS AND BASKETBALL COURT RECONSTRUCTION PROJECT No. 93-19 ------------------------------------------------------------------ Attached is an Agenda Request and bid tabulation for the regular commission Meeting on July 13, 1993, requesting award of the construction contract for the referenced project to Charles S. witeside, Inc. They are the lowest responsible responsive bidder and the proposed contract amount is $65,400.00. This project consists of reconstructing the tennis and basketball courts at Pompey Park. The funding source for this project is 334-4172-572-63.01. Please place this item on the agenda for commission approval. RH : kb Attachment cc: Ted Glas, Purchasing Officer Joe Weldon, Director of Parks/Rec Lula Butler, Director of Community Imp. ." File: Project No. 93-19 (D) Memos to City Manager AR9319.KJB ~'" .', ~ '. " ¡ g g g g g g ~ g g g g '+-. . , . . .. ... o~ g 8 g g ~ ~ ~~ g g g 5! ~_ 0 It\ N MOt-· .... It\ M M .. .... to............ ..0. 0..- <:) 0. U1 CO,.., ~ 'L~ ~ .... ~.- ~ ¡c -e~ ." III ;li:Q I o C) C) 0 C) 0 0 0 0 0 8 CII 0000000000 c ... .... 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I-) :Q .~ to 0 Ii' H ~ Q. ~ P. r4 (;) 0 0 0 0 (;) (;) 0 0 0 8 E-t ~~ ~ ~ 0 0 ~ 0 ~ ~ 0 . cñ... g g g g ~ g g g g g g 11\ co N M 00 11\ 0 0 II'> ~ II -8" ","" u\"" ~ N ,,'" 0-." ...0 N" ",'II ;:::.~ ~ .... ~ ~ ~ ." ~ D.~ 5 . , t;r: .-......-........ .....-.- wa ~ ... . ~ ~ ~ ~ ~ ~ ~ ~ ~ ! -I -J ...I .........J ...J -oJ ...J .... U III ~ S ~ ~ ~ ~ t g II C IØ c( tlØ c( ~ ! 15 S ~ g 0 ~ ... s~::..... DC Q ~ ..,·...u 0 co..... +.tcCUcCL6 ~ ;; A. ~t _ ~ ~ rl 3'- "'" < -' ..... O::J -< - .... OC -It: c..... < ;! ~ ub~ m;': ~ =: uO~.2.2g:¡! Þ- w "'''' "'''' C ¡; 0 "'III +,III...L þ- CI Q .- C III C 0 ¡¡ þ-'- C III C c... 0 Þ- E8 ~8 ~ ~ -c I E!l ~[~~ 7 II II ." III III .- C II! II >< 10 >< II 0 II! Q t-Q: m.a::: I- > - Ð5 t-w tow o::u '" ~ . . . .. ... ~ ..... N t"'I '"4' 11'\ '-0"'" GO -:- M 00 , I. Io·f '. . . ø : POMPEY PARK. TENNIS U BASK.ETBALL COURTS PROJECT No. 93-019 ENGINEER'S ESTIMATE DESCRIPTION UNIT EST. UNIT PRICE ESTIMATED QTY. TOTAL 1. Tennis Court Recoosuucûon L.S. 1 $32,400.00 32,400.00 2. Basketball Court Recoos. L.S. 1 26,800.00 26,800.00 3. Testing Allowance L.S. 1 1,200.00 1,200.00 4. Video Allowance L.S. 1 300.00 300.00 5. Indemnificaûon L.S. 1 10.00 10.00 SUB-TOTAL BASE ITEMS $60.710.00 6. Tennis Court Expansion L.S. 1 6,350.00 6,350.00 7. Basketball Court Expansion L.S. 1 7,350.00 7,350.00 8. Retenûon Area Coostlucûon L.S. 1 5,500.00 5,500.00 SUB-TOTAL ALTERNATES $19.200.00 TOTAL ESTIMATE $79.910.00 \ POMPEY-2.EST .. .. I JI.' "7 °7..) / '\ z . ~ ...) ( . 0': Ô'¡ I t I ~ I 0 ~ ;--. ·7..) 7..) I I (/) .." - . ",I ., ~,O v* I ~ c x' a.. O~~ I ! ~fTl . 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"2:.-'71r- I I I ~"~" I ; ¡ r'· '~~~___->o._Sl'_____ ~:~~--'_.~. ~.?:--_-*I Z -t~ ~ » * ~ x --0 rJ I û11-..¡ -t \ ~ Z iíi » ~ ~ x' ~I 0 ~-t ;;o(J)I~.¡.. m:1 a>~.~ ~~r~'> ~gl~~ I 0 'j': G') CJ --i:- * :"<ì C <9 ~.." I ~ ~ ~ S' I <:s (/) ',a ~ I M , i I I L___----_----_---- ----------------- ;--. -..¡ CJ;;O ~ c: ~ "; ~ (/) . ;;O~~ CJ~ " ~~ fTl-o(/) I(J) --i0 ~ . ~'-t -i--i . 0 Z»·· _» o 0 0 _ ì) 0 ». --i fTlj-- s~o 00 .~ --\. z·' ~:-'1 -<::!; ~z ~ (/)1 r r..........0 0 IJ' ~ CJ .......- CJ,;--,;;o ~ » 0 -c." ~~ ro ~ W. 1 0 t h A V E N U E M j-- A.' :tJ M ~ ~ ì) .." .......- ~o _I .'.(':) .. - Agenda Item No. : AGENDA REQUEST Date: Ju 1 y '," 7 , 1993 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: Description of agenda item (who¡ what, where, how much) : Requèst for funding to finance the construction of Basketball and Tennis Courts at Pompey Park in the amount of $65.400.00. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Request funding from the General Construction Fund Prior Year Surplus in the amount of $35,400.00. Additional funding to come from the Community Development Block Grant totalling $30.000.00. Budget transfer form ,..---- - ---- Department Head Signature: Determination of Consistency Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives : General Constr. Prior Yr Surplus&CDBG (if applicable) Account No. & Description :334-0000-30 1-34.00& 118-1962-554-63 .40 Account Balance: $35.400.00 & $30,000.00 City Manager Review: Approved for agenda: 8/ NO 8M Hold Until: Agenda Coordinator Review; Received: Action: Approved/Disapproved '. .. City of Delray Beach Departmental Budget Transfer (1) Departmental Une Transfer (2) Date J u 1 Y 7, 1993 (3) Interfundllnterdepartmental Transfer (4) Batch Number (5) Requested By: Joseph Safford, Director of Finance (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 334-0000-301-34.00 Prior Year Surplus 35,400 334-4172-572-63.01 Pompey Park/Tennis 35,400 Courts/Basketball Cts (10) TOTAL 35,400 35,400 JUSTIFICATION: Tn r~~nQfø~ mnnies from the General Construction Fund Prior Year Surplus account to finance the construction of Basketball and Tennis Courts at Pompey Park. --- ( \~ n , ./ ~~ -.. 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 '. '. . ". M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER¿tJ11 SUBJECT: AGENDA ITEM # q.:c.. - MEETING OF JULY 13, 1993 RESOLUTION NO. 54-93 DATE: JUL Y 8, 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 FY 92-93. Recommend approval of Resolution No. 54-93. ~ 5-0 ref:agmemo15 · 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 is 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 realizeð 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. " ,- I Section 5. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except' with the consent and approval of the City Commission first obtained; and if such department, bureau, agency or individual shall exceed the amount of its appropriations without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 6. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 7. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Finance Director based on data provided by the Budget Administrator to report known violations of this section to the City Manager. Section 8. That all monies collected by any department, bureau, agency or individual of the City Government shall be paid promptly into the City Treasury. Section 9. That the foregoing budget be and hereby is adopted as the official budget of the City of Delray Beach for the aforesaid period provided, however, that the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 10. That public hearings were held on the tax levy and the budget on September 8, 1992, and September 22, 1992. it Section 11. That this resolution shall be effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 13th day of July, 1993. ATTEST: ~~ at; f.J(JJ"ifT)j.t' !Ù.~ JIo 74 City Cl k - 2 - Res. No. 54-93 '. ,. BUDGET SUMMARY EXHIBIT A General Special Enterpllse Internal TOTAL Fund Revenue Funds Funds Service Funds ------------ ------------ ------------ ------------ ------------ Castl Salanl-es Brouyht Forward: $1.562,053 $192,010 $5,216,649 $10,250 $6,980,962 Estlfllaltid Revellutls: TAXI::.S Millayes Ad V alul em r axes 6.20 $14,680,846 $14,680,846 Ad V alol em Taxes 0.95 $2,262,494 $2,262,494 Ad Valorem-Delinq, Pen. & Interest $175,000 $175,000 Sales and Use Taxes $938,910 $938,910 Fldlld1lse & Utility Taxes $6.806,100 $6,806,100 UI-tHI5e5 and Permits $1,456,010 $1.456,010 Illlel yuver Ilrl1ellldl Revenue $4,197,900 $1,509,957 $123,220 $5,429,090 $11,260,167 Chdl yes for Services $812,205 $21.439,180 $22,251,385 f IIltJ5 and Forleltules $215,700 $135,000 $350,700 MISl.ullalleuus Hevenues $1,863,013 $21,500 $631,115 $118,560 $2,634,188 OUltJr FI/Jancl/lg SourLes $3,151,576 $625,000 $50,000 $271,800 $4,098,376 I utdl HtJVtJllUtJS and OttltJr findnLlny Sources $36,559,754 $2,291,457 $22,243,515 $5,819,450 $66,914,176 ------------ ------------ ------------ ------------ ------------ T ulal [:stllnated Revenues $38,121,807 $2,483,467 $27,460,164 $5,829,700 $73,895,138 ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- Lxµef I(Jitur tJs/Expenses: Geller al Gover nment $4,695.611 $4,695,611 Public Safely $19,743,672 $218,220 $19,961,892 Physll.al Environment $304,543 $16,316,048 $16,620,591 Tr ansportation $1,161,389 $1.161,389 lCOllOmlc Environment $420,058 $1,655,785 $2,075,843 CultUl elReLr ealion $4,781,499 $298,340 $1,649.145 $6,728,984 Hurl1dn Selvlces $~8,040 $118,040 Debt Stir Vice $4,524,336 $4,560,925 $9,085,261 Illtelndl Guver nrnental Service $73,256 $5,427,037 $5,500,293 InttJrfund Transfers $2,299,403 $300,350 $4,410,269 $23,730 $7,033,752 ------------ ------------ ------------ ------------ ------------ r utdl ExpendltUl es/Expenses $38,121,807 $2,472,695 $26,936,387 $5,450,767 $72,981,656 RtJsel ves $0 $10,772 $523,777 $378,933 $913,482 ------------ ------------ ------------ ------------ ------------ T otdl E:xptlndltUl es/Expenses - Urlûµµr opr lated/appr opr lated $38,121,807 $2,483,467 $27,460,164 $5,829,700 $73,895,138 ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- '. ,. EXHIBIT B lìLNLlIAL I UNO HLVLNUl:.S I)Ul-uUUO-301.1O-00 Prior Yeal Surplus 126,951 Offset revenue shortfall & overrun ¡n the TenniS DIvISion (CRA repaymen I)UI-OUUU-301.1O-00 Prior Yeal Surplus 136,000 To Fund 334 for TenniS Additional Land Costs (CRA Repayment) OUl 0000-301.1000 Pilar Yeal SUI plus 200,000 To partially fund Insur ance Funds deficit (CRA repayment) OOJ -0000-301.10-00 PIIOI Yeal Surplus 206,300 Transfer to General Construction Fund-Pompey Pool I)U I-OUOO-311.1O-00 CUllent Ad ValOfem Tax (114,000) 00 I OOOU-312.41 -00 Local Option Gas Tax 9,000 001-UUUO-313.1O-00 hanctllse - Electllc (130,000) UU1-uUUO-313.40-00 Franchise - Gas 7,000 UUI-I)UOO-313.60-00 Fldnctllse Fees - Beach (4,000) 00 ¡ 0000-314. 10-00 Util Tax - [leclllc 120,000 001-0000-314.20-00 Utll Tax - Southl:HII Bell 65,000 001-0000-314.21-00 Utll Tax - Other Tele. 43,000 UO 10000-314.40-00 Uti I Tax - Gas (29,000) UUl 0000-319.11-00 Penalties & Int - Ad Valolem (15,000) 00 1-·UOUU-321, 10-00 Occupational license 10,000 001 -OUOO-322.20-00 Electrical Permits 13,000 00 1-0000-322.30-00 Plumblllg Permits 10,000 OU1-0000-322.50-00 All Condltlolllng/Heat Permit 11,000 001-0000--329.22·-00 Roof PellTllts 10,000 00 1-0000-329.2/ -00 TI ee PerrTllts 10,000 OU 1-0000-329.32-00 No Final Inspection Fee (2,700) 001-0000-335.12-00 State Revenue Sharing 10,000 001-0000-335.13-00 Sales Tax Collection 45,000 OU 1-0000-341.90-00 Other General Govt. Charge (10,000) 00 IUUOO-J43.81-00 NUls Abate/Adm. Recov. Fee (27,000) 001-0000-343.86-00 A(;(;ounts Receivable 30,000 OU 1- 00UO-344,51-00 Parking Fees 10,000 OU 1 UUUU-34l.31-00 Tell/lis Membelshlps 5,000 UU! UUUU 347,38 00 TennIs General Admissions (10.000) UUI ULJLJO-J51.1O-00 fines - General (170,000) 001-UUOO-J51.40-00 Fines - Code Enforcement (12,000) OUI-UULJO-361.10-00 Intelest on Investments (95,000) 001 0000- 362,15-00 PSC Cellulal PllOne 4,800 OUIUOOO-3b4.40-00 Sale of SUI plus Property (45,000) UU 1 UUOO-369.71-00 Interest on Bond Share (32,000) 001 uuOO-369.99-00 MIsc. Revenue 16,053 I)UI-l)uUO-J81.34-00 Transfel-GeneJal Constr. Fu 883,711 uUluOUU-Jè)I.75-00 Auburn Trace 167,100 UU \ LJUUU -Je¿51-00 Contllb 11 0/11 W&S lor Debt (41,870) 001-OUUO-382.55-00 Contllb flom GOlf for Debt (182,030) ---------- TO 1 AL Rl:.Vl:.NUE ADJUS I MENTS 1 ,229.~15 '. GLNEHALFUND l:XPI::NLJI rURES City COll1l111SSIOn (745) Surplus in Travel, Training & Subscriptions IIUIlI<.1I1 H¡;soulces 15,210 Increase for Interim Directors salary and PERC & Civil Service hearlllgs Public 111101 matlon 1,500 Purchase 3-yr supply of mugs & increased retirees City Clerk ( 12,442) Vacant Deputy City Clerk position SUµµUI t Ser vices (3,900) Savings in operating expenses and Quality Improv. Program flrl<.lli(..e (3,820) Surplus in operating expenses Purclld::'lng (550) Surplus III oper ating expenses PUI L-tJa::'ll1g Waf ellUuse (250) Surplus In operatlllg expenses City Altullley (5.227) Vacant pOSition in City Attorneys Office Mar 1<.I\,jt:lllent Il1fOllnatlun Systems (6,500) Surplus in operating expenses Poll\..~ LJeµartrnellt 30,921 Balance to fund an annuity after salary savings In I eorganlzatlon. hie LJeµa,tment (11,720) Reduce budget for auctioned vehicles PldlllllllY & ZOI1111g (20,660) Vacant Planner III position & reduction in Silver Terrace Malket AnalysIs CuJe lllfolcelllellt 89,738 Lot Mowing & NUisance Abatement originally unbudgeted PulJllL- Wor ks AJnlllllstr atwn (4,872) Savings due to incorrect budget budget for ICMA Sli eel Mall Ilellal1ce (10,568) Reduction due to capital purchases made from the Garage Fund II attic Oµ¡;I atlUI1S (2,162) Vacant postlon for 2 months Slleet Llytlting (10,000) Estimated surplus in electnclty costs I <.IL-illty Mdlntel1dllCe (12,484) Vacant Bldg Malllt Worker for 7 months & surplus in operatlllg expenses f'dlk::. & HeL-reallon 173.162 Rental equipment during VA. Slims Tournamant, increase in the Tennis DivISions operating budget, Police overtime at Pompey for Sat. dances Cellletel y (995) Reduce budget for auctioned vehicles MI::.\..eldneous 18,000 Bad Debt Expense & postage bills from PBC Tax Collector Tfarlslers (1,021,342) (34,012) in CRA Ad Valorem, $136,000 transfer for additional land costs at the Tennis Center, $200,000 to offset Insurance fund deficit, $206.300 transfer to the General Constr. Fund for Pompey Pool and (1,529,630) to correct accounting of the 1992 Utility Tax Debt UelJl Sel Vile 2,029,021 $718,811 to Tennis Note Principal and $1,305,730 to correct accountlllg for 1992 Utility Tax P & I and $4,480 for Fiscal Agent Charges. ---------- 101 AL I::XPI::NUI r UHI:: AOJUS T MI::NTS 1,229,315 ~ '. '. . 1 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 'tJ - MEETING OF JULY 13, 1993 ALLOCATION OF COMMUNITY REDEVELOPMENT AGENCY LOAN REPAYMENT DATE: JULY 8, 1993 This item is before you to consider staff's recommendations regarding 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 repayment: * Interest to General Fund $ 31,178.18 * Tennis Center Construction 782,103.00 The Finance Director is recommending that the remaining funds be disbursed as follows: * 85% of Insurance Fund Deficit 406,300.00· * Tennis Center additional land cost 136,000.00 * Transfer to General Fund 242,454.53 Also, to further offset the Insurance Fund deficit of $478,000, Commission approval is requested to transfer $4,780 from the Garage Fund, $4,780 from Stormwater utility Fund, and $62,240 from Water and Sewer Utility Fund. Recommend approval of the Finance Director's recommendations regarding 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. ~ Ow /ì)?~ 5-0 *- ~ :;¿oo,l::.- to- ~ ~ ref:agmem020 t ôJ06, 300 Id)(~ ~ ~ r 1ð1nfJú.¡ Ib.t.Æ ~ '. '. . I , I I M E M 0 RAN DUM TO: David T. Harden City Manager FROM: Joseph ~f#1 Director 0 i'¡¡ SUBJECT: CRA Loan Repayment Allocation DATE: July 9¡ 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 -------------- $ 784,754.53 Commission Approval Required ( 406,300.00) 85% of Insurance Fund deficit (General Fund) transfer to Insurance Fund (Fund 551) ( 136,000.00) Tennis Center additional Land Costs transfer to General Construction Fund (Fund 334) ( 242,454.53) 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 '. " , . .. . . ~ . ~ , - Agenda Item No. : AGENDA REQUEST Date: 06-04-93 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 06-08-93 Description of agenda item (who, what¡ where, how much): Approve the allocation of the balance of the C.R.A. Loan repayment. 'Proceeds as follows: 136 000 to the General Construction Fund - Tennis Construction OVer-run; $190,754.53 to the General Fun Revenue ort a and to t e Insurance Fund Deficit. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Director of Finance recommends the allocation be approved as outlined above. Department Head Signature: Determination of Consistency N/A , Citr, Attorney Review/ Recommendation (if applicable): N A Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO ,N/A Funding alternatives: N/A (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. . . . . . . ...a ~.------ . MEMORANDUM 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: CITY MANAGER SUBJECT: AGENDA ITEM i - MEETING OF JANUARY 12. 1993 CHANGE ORDER NO. l/FALKAV. INC. AND ALLOCATION OF ADDITIONAL FUNDING FOR TENNIS CENTER PROJECT DATE: January 8/ 1993 This item is before you to approve a change order in the amount of $47/697.70 to the contract with Falkav/ Inc. for miscellaneous changes to the Tennis Center project and to consider allocating additional funding in the amount of $250/000 from the CRA repayment. Changes to the contract include: -Increases the restroom fan size for additional ventilation; -Increases the restroom door louver size for additional ventilation; -Deletes bike rack; -Changes door height elevation due to elevation changes at restroom; -Installation of sonotube to prevent damage to storm drainage line at Court #6; -Installation of additional piping to tie clubhouse roof and sanitary lines to existing structures; -Increases tennis court pagodas pad from 8' x 10' to 10' x 20'; -Increases structural integrity of observation deck at clubhouse; -Revises the irrigation system by using a "Cal Cap" system; -Miscellaneous electrical changes; -Changes in the storm drainage piping from reinforced concrete to corrugated aluminum; -Installation of additional piping for water fountains at tennis pagoda; -Air conditioning upgrade; and/ -Installation of a 4' green vinyl coated chain link fence with gate. Detailed information on Change Order No. 1 is attached as backup material for this item. Additionally, staff is requesting that the Commission allocate $250,000 from the CRA repayment to cover additional project costs, including estimated expenditures for legal services and a 2% contingency. A breakdown of ,expenses is attached as backup material for this item. Recommend approval of Change Order No. 1 in the amount of $47,697.70 to the contract with Falkav, Inc. for miscellaneous changes to the Tennis Center project; with funding from General Construction Fund - Tennis Center/Stadium (Account No. 334-4145-572-63.41) and allocate $250/000 from the CRA repayment. '. " water flow, and the Tropic Harbor Condominium Association has been so informed. Ralph Hayden, City Engineer/ recommended that Tropic Harbor be given a temporary discharge for a specified period until they are able to get their cooling towers on line. At that time they will be disconnected from the system, subject to certain conditions. Mr. Mouw moved for an award of the Drainage Improvement contract of Tropic Harbor to Tiger Construction Services, Inc. / seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes j Mr. Mouw - Yesj Dr. Alperin - Yesj Mr. Ellingsworth - Yesj Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. ~ Direction with Regard to Ballot Ouestion for March 1993 Special Election. The Commission is to consider providing staff with direction with regard to calling for a Special Election on March 9/ 1993 to consider the question of modifying the Decade of Excellence Bond issue for the S.W. 10th Street project. The Ci ty Manager stated that the Decade of Excellence provides funding for four-laning betwe~n Federal Highway and Wallace Drive. Traffic studies indicate the four-laning is needed between Wallace Drive and Congress Avenue/ but that seg- ment was not included in the Decade of Excellence. The Commis- sion is requested to direct staff as to whether or not an issue or proposition is to be on the March ballot and ask the voters to grant authority to use a portion of the $2,000,000 for four- laning the section between Wallace Drive and Congress Avenue. Dr. Alperin expressed concern about originally misrep- resenting the fact that there was a need for widening that por- tion of the road. He feels that the referendum should be worded to grant the option of withdrawing the funding altogether and perhaps reducing the Bond and the potential millage, or to use it in another area. Mr. Mouw moved to direct staff to prepare an appropri- ate item to place on the March referendum, granting the Commis- sion permission to utilize the Decade of Excellence Bond money on 10th Street, but beyond Wallace Drive all the way to Congress Avenue, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - YeSj Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. ~ Change Order No. 1/Falkav. Inc. . and Allocation of Additional Funding. The Commission is to consider approval of a' change order in the amount of $47,697.70 for miscellaneous chang- es for the Tennis Center project which includes, site and build- ing revision, tennis court revisions, tournament facilities additions and a fenced play area north of the Community Center as required by H.R.S., with funding from General Construction Fund - Tennis Center/Stadium (Account No. 334-4145-572-63.41) and allo- -18- 1/12/93 " ,. , , cation of additional funding in the amount of $250,000 from the CRA repayment to cover additional costs. City Manager recommends approval. Discussion followed with regard to the extra expenses, why they are just now surfacing and when they are going to end. Upon question/ the city Manager responded that anything that would be charged against the CRA repayment would be in the nature of a change order and would come before the Commission. Mr. Mouw moved for approval of Change Order No. 1 in the amount of $32,697.70 to Falkav, Inc. / on the tennis facility, with the caveat that the City Manager must approve any expendi- tures from the $15/000 contingency allowance/ seconded by Mr. Lynch (Mayor Lynch passed the gavel in òrder to second the mo- tion) . Upon roll call the Commission voted as follows: Vice- Mayor Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mr. Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. .2......L.. Addendum No. 1 to Service Authorization No. 2/Lawson and Noble. The Commission is to consider approving an addendum in the net amount of $13/687/ plus reimbursable expenses of $4/813 for engineering design services in conjunction with the Northeast/Northwest Road Reconstruction Project, with funding from Decade of Excellence Bond Issue - Street Reconstruction Phase I (Account No. 225-3162-541-61.17). The addendum also deletes construction administration services from the contract for a net savings of $17,412.60. City Manager recommends approv- al. The City Manager stated there is drainage work which needs to be done before the paving in some of the street recon- struction projects; this addendum authorizes the engineer to design the drainage. Mr. Mouw moved for approval, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. ~ Chanq8 Order No. 2/Dees Contractinq. Inc. The Commis- sion is to consider approval of a change order in the amount of $18,253.46 for miscellaneous structural repairs required on the Elevated Storage Tank, with funding from Water and Sewer Renewal and Replacement - Rehabilitation of 1/2 Million Gallon Elevated Tank (Account No. 442-5178-536-61.79/pending budget transfer from Project Reserves - Account No. 442-5178-536-99.01). City Manager recommends approval. The City Manager explained that since the elevated storage tank on S. Swinton has been painted/ rust has developed on the bottom. Upon an investigation, it was learned that the -19- 1/12/93 '. '. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~~ - MEETING OF JULY 13, 1993 SERVICE AUTHORIZATION NO. 14/HAZEN & SAWYER, P.C. DATE: JULY 8, 1993 This item is before the Commission to consider approval of Service Authorization No. 14 in an amount not to exceed $7,248.00 to the contract with Hazen & Sawyer, P.C. for engineering consulting services. It is for the preliminary design phase of the barrier island stormwater pump station network, with scope of services to include finalizing the locations for stormwater pump stations on the island, developing final design criteria, initiating utility coordination, preparing preliminary drawings and specifications, determining additional data necessary for final design, and preparing preliminary cost estimates for planning use by the City. The completion date for this service authorization will be three weeks from the Notice to Proceed. Recommend approval of Service Authorization No. 14 to Hazen & Sawyer, P.C. , in an amount not to exceed $7,248.00; with funding from Stormwater Utility - Engineering (Account #448-5411-538-31.30) . ref:agmem025 '. " Agenda Item No.: AGENDA REQUEST Date: June 29, 1993 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: July 13, 1993 Description of item (who, what, where, how much): Service Authorization No. 14 for Hazen and SaWYer. P.C. for en~ineerin~ consulting Rervi~eR. ThiR ~prvi('p Authorization is for the preliminary design phàse of the hRrri er i Rl ;'lnn stormwater pumps tat ion network (Project No. 93-52). The completion date for this Service Authorization will hp rhrpp WPPkR frnm the Notice to Proceed for a Not-to-Exceed total of $ 7.248.00. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation:Staff recomments approval of Service Authorization No. 14 to Hazen and Sawyer, P.C. for a Not-to-Exceed fee of $ 7,248.00. Department Head Signature: ~ø~~~~r..._...~ ?I,/f~ I ' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~ired on all items involving expenditure of fundS)' Funding available: ESJNO Funding alternative /." - Ç!=fc aP?~l~bli!JJ Account No. & Description~\~~~~QI-~ r of!IA n - GIN££{2IN~ Account Balance_{S¡COD City Manager Review: Approved for agenda: @/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.kt '. '. DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM A/2', CI2"/' TO: DAVID T. HARDEN J(j{ V~D n / CITY MANAGER q II' lg WILLIAM H. GREENWOOD 4JlJI:I /J1-1N4r,¡:-~ ~ THRU: :S' DIRECTOR OF ENVIRONMENTAL SERVICES ' OFFICf FROM: RALPH E. HAYDEN, P.E.~ CITY ENGINEER DATE: JUNE 29, 1993 . SUBJECT: COMMISSION AGENDA REQUEST - JULY 13 MEETING - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is an Agenda Request for Service Authorization No. 14 for Hazen and Sawyer, P.C. to provide preliminary design consulting services for the Barrier Island Stormwater Pumpstations. The Barrier Island has experienced significant drainage problems over the years. This Service Authorization is to provide a detailed study of the drainage basins to correctly size the proposed pump stations and provide preliminary design information. Also, an evaluation of the existing and proposed culverts is necessary to verify the integrity of the existing system and to make recommendations on any additional culverts that may be required. A cost estimate will be prepared for budgeting and planning purposes if the project is to be constructed in phases. This project will be funded through the Stormwater utility. The fee for this Service Authorization if $ 7,248.00 and the expense code is 448-5411-538-31.30. JR:RH:DH:kt Attachment File: 93-52 (D) Memos to city Manager RHDHJU29.kt '. ,. .' CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: June 22. 1993 SERVICE AUTHORIZATION NO. 14 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: PROJECT NO. 93-52 (CITY) (HAZEN AND SAWYER, P.C.) TITLE: Barrier Island Stormwater Pump Stations Preliminary Design This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the contract dated as if written there in full. I. PROJECT DESCRIPTION This Service Authorization covers the preliminary design of stormwater pump,ing stations 'on the Barrier Island of Delray Beach. II. SCOPE OF SERVICES A. Phase I - Study and Report Phase - Not Applicable at this Time B. Phase II - Preliminary Deslan Phase 1. Utilizing the City's Stormwater Masterplan, finalize the locations for stormwater pump stations on the barrier island. 2. Develop final design criteria for stormwater pump stations. 3. Initiate utility coordination, prepare preliminary drawings and specifications, and provide written descriptions of the Projects. 4. Determine additional data necessary for final design and advise the City. 5. Prepare preliminary cost estimates for planning use by the City. C. Phase III - Final Deslan Phase - Not Applicable at this Time D. Phase IV - Blddlna/Neaotlatlon Phase - Not Applicable at this Time PROSC110.BCA:06-23-93 Page 1 of 3 '. .. .' E. Phase V - Construction Phase - Not Applicable at this Time F. Phase VI - Resident Project Representative Services Phase - Not Applicable at this Time Phases III through VI may be completed as authorized by the City under 'separate service authorization. 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 the Beach Road Reconstruction design plans, existing stormwater pump station plans, and the stormwater masterplan. IV BUDGET Scope of Work Fees Task No. 1 $ 810. Task No.2 $ 612. Task No.3 $2;430. Task No.4 $2,256. Task No.5 $1,140. NOT TO EXCEED TOTAL $7,248. IV COMPLETION DATE The completion date of this work will be within three (3) weeks of Notice to Proceed. PROSC110.BCA:06-23-93 Page 2 of 3 '. .. . . , This Service Authorization is approved contingent upon the CITY'S acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the CITY may terminate the contract without incurring any further liability. The consultant may not commence work on any Service Authorization approved by the CITY to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRA Y BEACH HAZEN AND SAWYER, P.C. Date: Date: ki' 7 \---- 1 ~ By: ~\~~-W .... - Thomas E. Lynch ~Saade M. Ch ani, P.E. Mayor Senior Associate ~. ·~n;ArßgD. Witne . Attest: ~~.~~ Approved as to Legal Witness Sufficiency and Form STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this .dí.... day o~, 1993 by Saade M. Chibani. Senior Associate (name of officer or agent, title of officer or ent, of Hazen and Sawyer. P .C. (name of corporation acknowledging), a New York (state or place of incorporation) corporation. on behalf of the corporntion. He/She (is cersonally known to me) or has produced identification), Florida Driver's License (type of identification) as identif c r and (did/did not) take an oath. ê""/ Ô ¡)~);y1lA1J ignature of Person Takmg Acknowledgement Lo'i? ì () 0.::; hllY n Name of Acknowledger Typed, Printed or Stamped IfOTAR.~,.PU8l!~ ~rAT£ OF' FLORIDA PROSC110.BCA:06-23-93 NY COfi¡'"!5~IÌi;; [Xi> JULY 26 1994 Page 3 of 3 ÐONDEO THRU G£rŒaAL IrIS. ÙNO. '. " . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERÐ1~ SUBJECT: AGENDA ITEM # 9L. - MEETING OF JULY 13, 1993 CHANGE ORDER NO. 3/MEREDITH ASSOCIATES DATE: JULY 8, 1993 This item is before you to consider a change order in the amount of $4,600.00 and a time extension of fifty (50) days until August 20, 1993, to the contract with Meredith Associates for well rehabilitation. The additional work is for the permitting and construction necessary for the abandonment of two ( 2) former test wells lying within the Carter/Jog Road right-of-way which is currently under construction by Palm Beach County. The wells are no longer in use and are impeding the progress of the County's road widening project. Pursuant to South Florida Water Management District requirements, the City must abandon the wells. Meredith Associates is under contract to conduct work on the City's wellfields and, based on the unit prices provided in Meredith's contract, the estimated cost to abandon both wells would be $3,600.00, including permitting, well plugging and surface restoration. Since one of the wells has not as yet been located, it is anticipated that some exploratory work will be required and other unforeseen conditions may be encountered. It is recommended that $1,000.00 be added to the change order to cover these potential costs, for a total dollar amount of $4,600.00. In addition, a time extension of fifty (50 ) days to August 20, 1993, is recommended to allow Meredith Associates to accomplish the well abandonments as well as to accommodate unforeseen manufacturing delays experienced during construction of Well PW-4A. A more detailed justification memorandum is provided for your review. - Recommend approval of Change Order No. 3 in the amount of $4,600.00 and extension of the contract completion date by fifty (50) days to August 20, 1993, for Meredith Associates; with funding from Repair and Replacement - Well Rehabilitation & Replacement Program (Account #442-5178-536-61.82). ref:agmem09 '. . Agenda Item No.. AGENDA REQUEST Date. 7/7/93 Request to be placed on. XXX Regular Agenda Special Agenda Workshop Agenda When. July 13, 1993 Description of item (who, what, where, how much). Staff requests Commission aDDroval of Change Order No. 3 for Meredith Associates for permitting and construc- tion necessary for the abandonment of two (2) former test wells lying within the R/W of JOi/Carter Rd.. currentlyunder construction by Palm Beach County. These wellR are no longer in use and are in conflict with the roadwav construction. The total change order amount for this work is $4.600.00. funding from account #442-5178-536-61.82. Change Order also extends Meredith's contract for Well Rehab- ilitation 50 calendar davs to August 20th for time to accomDlish well abandonments and due to unforeseen delays encountered during construction of PW-4A. (yf ORDINANCE/RESOLUTION REQUIREDI YES ~ DRAFT ATTACHED YES ~ Recommendation. Staff recommends aDDroval of Change Order No.3 for Meredith Associates. Department Head Signaturel ~--,-",-17):'/?~ . I Determination of consistency with Comprehensive Plan. City Attorney Review/Recommendation (if applicable) Budget D;rector Review (~ired on all items involving expenditure of funds). Funding available. YE /NO Funding alternative (if ~~iCable) Account No. & DeSçriPgiOn~t--SI J~-S%, 61 ~g:.ì- R V\1£L-Lk?£rt~ if REft . Account Balance-'7.-,CK) . ~cq. City Manager Review: J Approved for agenda. B/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 JIÎ THRU: William H. Greenwood ~~ Director of Environmental services FROM: Richard C. Hasko, P.E. Deputy Director/P.U. SUBJECT: MEREDITH ASSOCIATES CHANGE ORDER No 3 Project #90-056 DATE: July 7, 1993 Attached is an agenda request and a copy of proposed Change Order No. 3 for Meredith Associates and justification memo from CH2M Hill in conjunction with Meredith's current contract for Well Rehabilitation. The change order is for permitting and construction necessary for the abandonment of two (2) former test wells lying within the R/W of Jog/Carter Road, currently under construction by Palm Beach County. These two wells are no longer in use and are in conflict with the roadway construction project. The change order includes $3,600.00 to accomplish the abandonments and $1,000.00 for potential unforeseen conditions for a total of $4,600.00. This change order also extends Meredith's contract for the Well Rehabilitation project by 50 calendar days to August 20. The additional time is needed to accomplish the well abandonments, as well as to accommodate unforeseen manufacturing delays experienced during construction of Well PW-4A. The time extension will incur no additional costs by the city. The funding source for this project is Account #442-5178 36-61.82. Richard C. Hasko, P.E. Deputy DirectorjP.U. RCH:pw cc: Ralph Hayden, City Engineer Howard Wight, Construction Manager FILE: Memos to City Manager Project #90-056 D a: CORDER. DOC ,. · '. . I . - - . .. - - .. .. - - .. - .- - - ., - - ~ ~ ~':,: ~ ~ ~.:'.'i ~ :. ~ ~I: ~ ~ '~ >: ~: ~ ~ , - .. - ...... -.... -.... .. .. .. - MEMORANDUM CHAfHILl TO: Richard Hasko/City of Delray Beach COPIE~! Howard Wight/City of Delray Beach William Greenwood/City of Delray Beach Jerry BahnlCH2M Hll...L FROM: Tim Sharp DATE: July 7, 1993 SUBJECf: Justification for Change Order to Meridith Associates Contract - Wellfield Rehabilitation. Abandonment. F1owm~ter and Monitor Well Installation PROJECf: SEF30787.FO As you requested, we have prepared a justification. for Change Order to Meridith Associate1i, Ltd's contraç~ wilh the City. The Change Order is attached and includes a time extension of 50 days until August 20, 1993. and a cost increase of $4,600. It is our understanding that the City was informe<i: by Palm Beach County that a fonner City test well, located south of the intersection of Carter Road (Jog Road) and West Atlantic Boulevard, is impeding the progress of the County's road widening project. The subject well was installed by the City around 1978 . 1979 as part of an exploratory te~l welt program. In accordance with South Florida Water Management. District (SFWMD) requirementSt the City must abandon the well. In addition to the aforementioned well, a second fonner test well within the Carter Road right·of-way has been identified. Since this second well has not been found yet, it i~ anticipated that it will be encountered later in the County's road widening project, therefore it is recommended that this well be abandoned too. The approximate locations of the two wells is shown on the attached map, and are identified as test wen nos. 7 and 8. Since Meridith Associates is under contract with the City to conduct work on the it's wellfieldS, the City has requested a quote from them to abandon the two wells. Based on the unit prices provided in Meridith's contract with the City. the estimated cost to abandon both of these wells would be $3,600, and includes permitting, well plugging, and surface restoration. The County's existing road contractor provided the City with an estimate of $3,700 to abandon one welL Based on these cost estimates, Meridith Associatcs has been requested by the Cily to perform the proposed well abandonment. Since the second we1l (No.8 on the attached map) ha.~ not been located, and was installed over 12 years ago. it is likely that some exploratory work may be required. Also, the cost estimate for Meridith assumes that the wells are 200-feet deep, but if they are found to be .. · ? :. ~: ~ ~ ~ ~ :'1: ~: ~ ~ - - , I - _ - ,I : ... -; e - - - - ~-_"~_:: -: I ~':~'! - - .'." - .. ...... .. - ...... -... . - .. - -. MEMORANDUM Page 2 luly 7, 1993 SEF30787.FO deeper, the total co~t for abandonment may increase. Based on our experience with other well abandonment projects, unforscen conditions such as these can be encountered. Therefore. we recommend adding $1,000 to the Change Order amount to cover these potential additional unforseen costs. To allow Meridith to complete the necessary permitting and well abandonment on Carter Road in a timely manner, they will have to cease work on th~ replacement Wë1tc:a supply well, PW-4A. Also, during the construction of the replacement well, deJays were encountered while the well screen was being manufactured. Therefore. we recommend as part of this Change Order, that a time extension of 50-days be allotted to Meridith Associates. No additional contractor costs should be incurred by the City due to this time extension. We hope this explanation of the additional work requested l)f !v1criùilh Associates by the City in support of the attached Change Order mcet~ the City's nced~. Should you have any questions, please call me at 4071717-(,(,65, '. _ _ .~, r ....., r ........ - - . _. - - . .. ~ - .. . - . _ . _ _ _ .:..., '. r . - - .- - . - - -:. _..' - ~ .......'. ~ .. ..... ..... --.. ... - -- ... ... - - ~. - - .. .. ....- CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3 PROJECT NO. 90~55 DATE: Jul'ï. 6, 1993 PROJECT TITLE: Well FIeld Rehabilitation. Abandonment. Flowmeter and Monitor Well Installation TO CONTRACTOR: Meridith Associates. Ltd, YOU A~E HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS ANü SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY. SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS, JUSTIFICATION: Additional well abandonment of two tormer City test wells located within the right·of·woy of the County's widening of Carter Road (Jog Road). Further exolanation of thA work pfOPOSéd Is Includ9Ci In the attaoi"léd mémorondum Abandonment shall be In accordance with South Florida water Management District (SFWMD) requirements and sholl be conducted at the current unit prices provided by Meridith Assoclotes In their contract witt! th~ City doted and executed July 20. 1992, SUMMARY OF CONTRACT AMOUNT ORIG!NAL CONTRACT AMOUNT $198,383 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $103,524 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $301.907 COST OF CONSTRUCTION CHANGES THIS ORDER $4.600 ADJUSTED CONTRACT AMOUNT INCLUDfNG I HIS CHANGE ORDER $306.507 PËRCENT INCREASE/DECREASE THIS CHANGE ORDER 1,5% TOTAL PERCENT INCREASE/DECREASI; TO DATE 54% EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT .50 CALENDAR DA VS TO AUGUST 20, 1993 CERTIFYING STATEMENT: hereby !":Artlfy that thê ,çupporttna cost data Included it. if'! my OOr"l31dared opinion. occurote, thot the prices qUOtE1c:J Ult:! fuir and reasonable and in proper ratio to the cost of the originol work contracted for under benefit competitive bidding, CONTRACTOR SIGNATURE CONSULTING ARCHITECT OR ENGINEER (SEAL) TO BE fiLLED OUT BY DEPARTMENT INITIATING CHANGE OROER E'S/J I/I/z. -SI7'i'-51..~-~/'~z. R~!h.M'_'~ -:.ß <.Þ/~3 DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DElRAY BEACH, FL By Its City Commission RECOMMENDED: By: PROJECT MANAGER MAYOR ATTEST: APPROVED; By: CITY ATTORNEY CITY CLERK '. .. ... - ~ ~ .. .' ~. ~ . r ......... - - .. -.. .. - .. .. .. - .. .. , .. _ .. - .... .... .... , r , - - - ~ . .. .' - .. .. ._". .. ...._..'.;, ......_- .... ...... -.... ...... - - - .. :.... .. ' ;... .. ....... '?Î-~glf{, Z~ -'l~ ~ , CONGAUI AVI. . ~~ \~~. -, BARWICK AD. ~, 1eJ M"IT_~J . ~ I " ~, ~ HAGEN AD. FI.OAIOA·S TU"~IKE ~! j§ }! ! ! * ~ ... ~ LEa END FIGURE 6 . TIST WELL 1.-3;1 CANAL NO. TEST WELL LOCATIONS CITY OF DILAAV .IACH [ ) __LL & AXON. ,,,,co I!iI TIST WELL PROGRAM . ."".....--oOCN"""_,,...... ,. "';1 . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER br1 SUBJECT: AGENDA ITEM # 91{ - MEETING OF JULY 13, 1993 CHANGE ORDER TO ANNUAL CONTRACT WITH JOHNSON-DAVIS, INC./ WEST ATLANTIC AVENUE SEWER EXTENSION DATE: JULY 8, 1993 This item is before the Commission to consider a bid award by means of a change order to the annual contract with Johnson-Davis, Inc. in the amount of $93,500.00 for the construction of the West Atlantic Avenue Sanitary Sewer Extension project. The work is required in accordance with an agreement between the City and Discount Auto Parts, Inc. , and the annexation of the Highland Trailer Park, for the provision of sanitary sewer services. The City agreed to have the gravity sewer constructed to the Discount Auto Parts site by September 30, 1993. It will serve the Highland Trailer Park commercial lots fronting on West Atlantic Avenue (west of Barwick) as well as Discount Auto Parts. Due to the time constraints involved, normal bidding procedures were waived and staff solicited quotes from three contractors with which the City has an existing contract, as follows: Ric-Man International - Did not respond Harry Pepper & Associates - $111,085.00 Johnson-Davis, Inc. - $ 93,500.00 All bids included the furnishing of labor, materials and equipment necessary to complete the work. Recommend waiver of normal bidding procedures due to time constraints and award the bid by means of a change order to the annual contract with Johnson-Davis, Inc. in the amount of $93,500.00; with funding from Repair and Replacement - Manhole Rehabilitation (Account #442-5178-536-61.84). ref:agmemol7 '. · Agenda Item No.: AGENDA REOUEST Date: July 7, 1993 Request to be placed on: X Regular Agenda Special Agenda _____ Workshop Agenda When: July 13, 1993 Description of item (who, what, where, how much) : Staff request Commission approval for chanqe order to the annual contract with Johnson-Davis. Inc. in the amount of S93.500.00 for the construction of West Atlantic Avenue Sanitarv Sewer Extension. Delrav Beach proiect No. 92-28. This work is required to fulfill an aqreement between the City and Discount Auto Parts. Inc. . in which the City is required to provide sanitary sewer service bv September 30. 1993. All bids received were for the furnishinq of all labor. materials. and equipment necessary to do the work. Staff solicited three quotes as follows: (t~ l. Ric-Man International - non-responsive 2. Harrv Pepper and Assoc. - Sl11. 085.00 3. Johnson-Davis. Inc. - S93.500.00 The fundinq source for this work is 442-5178-536-61.84 ORDINANCE/RESOLUTION REQUIRED: YESø DRAFT ATTACHED YES,Qf<» Recommendation: Staff recommends waiver of normal biddinq procedure due to time constraints and award bid to Johnson-Davis Inc. in the amount of 93 500.00 Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~red on all items involving expenditure of funds): Funding available: E NO Funding alternatives <t{ apPt~bt£, t-\: Account No. & Descr ~ion4tvf>r7 ~~. 0r --8f=R4 '" ---;1 I\lT D ~ Af3 Account Balance ~ ~ City Manager Review: Approved for agenda: @/NO tïi1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AG228707.MRM .. · DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager THRU: William H. Greenwood Dir. of Environmental Services FROM: Richard C. Hasko, P.E. ~ Dep. Dir. of Public uti 1ties DATE: July 8, 1993 SUBJECT: Agenda Request - July 13 Regular Meeting West Atlantic Avenue Sewer Extension Attached is an agenda request and copies of bids received for the construction of a gravity sewer system in West Atlantic Avenue. This gravity sewer is to be constructed in accordance with an agreement between the City and Discount Auto Parts, Inc. , and the annexation of the Highland Trailer Park. The proposed gravity sewer will serve the commercial lots of the annexed Highland Trailer Park along Atlantic Avenue as well as Discount Auto Parts, Inc. The City agreed to have sanitary sewer services provided to the Discount Auto Parts site by September 30, 1993. Due to the time constraints, normal bidding procedures were waived and quotes were solicited from three contractors with which the City has an existing contract. Attached are quotes from Johnson-Davis, Inc. and Harry Pepper and Assoc., Ric-Man International was asked to submit a bid, but did not respond. Johnson-Davis was the lowest responsive responsible bidder. All three bids included the furnishing of all labor, materials and equipment necessary to complete the work. Also attached for your review is a copy of an Engineering estimate prepared by our staff prior to receiving bids. We are requesting Commission approval to award the project to Johnson-Davis, Inc. , as a change order to their annual contract. The funding account number is 442-5178-536-61.84. DH:JR:mm cc: Jim Reynolds, P.E., Chief Design Engineer File: Memos to City Manager Project No. 92-28 (D) DHJR9228.MRM '. . . . J - D JOHNSON·DAVIS INC. HEAVY CONSTRUCTION ~,,'...uI"1<4 UNDERGROUND UTILITIES 604 HtLLBRATH DRIVE. LANTANA, FLORIDA 33462 407·588·1170 July 1 , 1993 Mr. Ted G1as, Purchasing Officer City of De1ray Beach 100 N.W. 1st Avenue De1ray Beach, Florida 33444 RE: WEST ATLA.N'rIC SEWER MAIN EXTENSION PROJECT NO. 92--28 Dear Mr. Glas: We respectfully submit the enclosed proposal for your consideration. Our quotation was prepared from plans, details, and quantities by the City's Environmental Services Department. Our bid ex- cludes the following: 1. permits, fees, and bonds 2. re-stripping 3 . milling and/or overlay on Atlantic Avenue If we may be of any further assistance, please contact our office. :;lY v~- Scott J. Johnson Presiden SJJ/pmc Encl. ., , CHANGE ORDER PR01'.Q1ìAL WEST ATLANTIC AVENUE SANITARY SEWER EXTENSION PROJECT NO. 92-28 CONTRACTOR: .::rO~~~-9AV\.-b \~ ADDRESS: ~O4 U\u..-a~ 'Ç)¢\'\1E ~~""T~\ 'f" \,oOC.4 ()A ~~4<".z. PHONE: Að1 \4~-\ \..,0 This Change Order, when executed, shall be incorporated in and shall become an integral part of the Contract for Å~~u~~ alltf4!ø~~¡ ~ uz.ws dated .eæ~ zz,¡qqe, city Delray Beach Project o. 2.- between the Cl.ty· of Delray Beach and :::r; "-'<w>"" -P A """- \ þ...V . I. Bidder will furnish and deliver all materials to do and perform all work required to complete the work for the fOllowing prices: ITEM Est. unit Total Est. Jm..s.. I.nM unit Quantity Price Price 1 Furnish & Install 8" PVC Pipe (SDR 35) Price Per Linear 2.6~ DÇJ Foot: LF 640 $ $ llø,()CQ .- 'wet4f''T- nv(! Dollars "'Z4f!U> Cents 2 Furnish & Install Class 52 Poly Lined Ductile Iron Pipe Price Per Linear 45 ø:!: oCIÞ Foot: LF' 300 $ $ 13J5'oo- ~ .. HVI!:i Doll ~s 2..ee:. Cents JOHNS()N.OAVIS INC. 1 of 7 Con tr((; Wf'S so. HILLBRÞ.TH CRIVI: LANTANA, FLORIDA ., ITEM Est. Unit Total Est. -.NO. 1TEM Unit Quantitv Price Price 3 Jack & Bore 100 LF (Min) 20" Steel Casing Cþ 14/~D,fil Lump Sum Price: LS 1 $ '4\~ $ . W:Ö~,..a -T1.ua.1¡'A.,.ø F\ \Ie U~p Dollars "'Z.E('lC> Cents 4 Connect to Existing Manhole: =!rooo 91 tflP Lump Sum Price: LS 1 $ $ "3DC1O '"Tt.uz..ee ~o..J"Q,_ø Dollars ~ Cents 5 Furnish & Install Sanitary Sewer Manhole Price Per Manhole: "ZoClO ~ Ba?O I!!J2 Ea 4 $ $ -rv..-1\1Þo..1So A,..&J Dollars "'Z,.JIIr "l...P Cents 6 Furnish & Install 6' Diameter con- flict manhole qQ ~~ Price Per Manhole: Ea 1 $ Uc%> $ -r~øX~~~'f\"" U-_~ Dollars 'ZJI5~ Cents I JOHN9ON-DAVIS INC. 20f 7 ControCtDrS Þ HILLBRATH DAIVE LANTANA. FLORIDA <407-588-1170 0' """ '. ITEM Est. Unit Total Est. ~ ITEM Unit Quantity Price Price 7 6" Sanitary Sewer Lateral with cleanout 400 !S' oø Price Per Lateral: Ea 5 $ $ 2~- ~u.e. U",_o-z.e ÇÞ Dollars 'ZEi'2_b Cents 8 Adjust Southern Bell PVC Duct Bank \'500 ~ f5CJO ø Lump Sum Price: LS 1 $ $ b....e \~.Iø "Ç\ \IS ~~O Dollars "ZA!i LIP Cents 9 Pavement &: Curb Restoration in West Atlantic Avenue R/W !!!" ClIO Lump Sum Price: LS 1 $ "2.øc:ac::a $ Zooo - -r~ \\..\bvs.~ Dollars "Z.ß!!~ Cents 10 Pavement Restoration on Parking Area Lump Sum Price: 40:::0 ~ ~ LS 1 $ $ 4000 h:.v~bv"lIQ.,...p Dollars "Z.s: 't.4> Cents 3 of 7 JOHNSON-DAVlS 'NO. Contrattors .. HILLBRA TH DRIVE LANTANA. FLORIDA <407·5AA-117n '. . . I'¡'EM Est. unit Total Est. Jf2.&. UEM Unit Ouanitv Price Price 11 SOd/Landscaping Restoration cP A..sit Lump Sum Price: LS 1 $ 2DCO $ 2øQ:) -r-.-_ -r"",Þv..-.,.,p Dollars 'Z.JE4° Cents 12 Trench Safety gg .. Lump Sum Price: LS 1 $ -Z~ $ IOco- <;'evE!N-r~ Dollars "Z.E oCb Cents 13 Pneumatic Air Test of Sewer Main and Video Log 3G'a> C!9 36ÞÞ 5t Lump Sum Price: LS 1 $ $ ~£._-t"\o'ð~"'-'P h~ ~~ Dollars z..e~ Cents 14 Maintenance of Traffic 0f::Þ $Þ Lump Sum Price: LS 1 $ 40t::>0 - $ 4000 - ~£~~ Dollars ~~ Cents' JOHNSON-DAVIS INC. 4 of 7 Contrøcttm .. HILLSRA TH DRIve t,ANTANA. FLORIDA 4I07-ð88-1170 ,. ,.1" .. ITEM Est. Unit Total Est. ..lf2.a.. ruM um Quantity Price Price 15 Video Allowance Lump Sum Price: LS 1 $ 500.00 $ 500.00 Five Hundred Dollars No Cents 16 Utility Conflict Allowance Lump Sum Price: LS 1 $ 7.500.00 $ 7.500.00 Seven Thousand Five Hundred Dollars No Cents 17 Density Test Allowance Lump Sum Price: LS 1 $ 1. 000.00 $ 1. 000.00 One Thousand Dollars No Cents øo Total Evaluated aid $ Q3.Goo- Bid Items 1 through -12 (in numbers) . Total Evaluated Bid ~ Bid Items 1 through --11- (in words) .··"t-4·iÇ~~ tt"vP.! ~ ollars "Z..6 "ZÞ Cents JOHNSON-DAVlS INC. 5 of 7 Contrøctor.f .. HILlBRA TH DRIVE LANTANA. FLORIDA 407-ð88-1170 '. . ¡ .' ; , . ., ~. . : :~ Bid Alternate: . ~~ -_../ . j i In lieu of the Jack & Bore of 20" casing pipe in Atlantic Avenue )'¡ :. 1 ' (Bid'Item #3) contingent on FDOT üpp~oval, an open-cut trench may , , I be allowed. FOOT approval has not yet been granted. I \ ITEM Est. unit Total Est. í i J!Q~ .IT.ID1 !!n.!.t Quantity Price Price 18 Furnish and Install 8" PVC pipe across Atlantic Avenue R/W Price per Linear 00 $ /4,4oc:> ":9 Foot LF 120 $ 120- . ONE Wv....~ ~\N_~ Dollars . -z.-€ 'Lt::> ¡ Cents II Bidder has examined the site and locality where the work is to be performed, the legal requirements (Federal, state and local . laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the work and has made such independent investigations as Bidder deems necessary. III This Bid is genuine and not made in the interest of or ,on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder ¡ has not directly or indirectly induced or solicited any ~ ! other Bidder to submit a false or sham Bid; Bidder has not solici ted or induced any person, firm or a corporation td refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no official of the CITY or any person in the employ of the CITY is directly or indirectly interested in said bid or in the supplies of work to which it relates, or in any person of the profits thereof. IV Bidder agrees that the work will be substantially completed within ~ calendar days after the date when the Contract Time commences to run, and completed within ~ calendar days after the date of Substantial Completion. I Bidder accepts the provisions of the Agreement as to I ' liquidated damages in: the event of failure to complete the I , work'on time. i., I' 'I " I ¡ ,"; JOHN9ON-DAVIS INC. JOHNSON-DAVIS IN,~ ! !, ContrOtt.ars 6 of 7 Con tru.cWT:' ! :. ; 8M HILLBR'" TI1 DRIVE fiO.i(, HILLBRATH D'iPlf ; LANTANA. FLORIDA e.ANTÁ~" FLORio.;.. ¡ , 407-588,1170 --'117n .. '" . V· The terms used in this Bid which are defined in the General Conditions of the construction Contract included as part of . the Contract Documents have the ~eanings assigned to them in the General Conditions. Submitted on <r\.J~ '2., ,QQ3 . a. ) (If an individual, partnerhip, or non-incorporated organization) Signature of Bidder By Address of Bidder By b. ) (If a corporation) Signature of Bidder Corporate Seal By Address of Bidder t.:o4- J.h u..mL4r~ 74. VI!! /....twptNltO, F:- g~z. Incorporated under the laws of the State of ~.QiG . ~ - Cl.1 t:.,ô 4'S06ï c. ) certificate of Competency Number~~øc.L.L(a- U~B~ . d. ) The names of the Corporate officers, or partners, or individuals doing business under trade name, is as follows: ..~- , . e ,....'i.. - \A LAl .. Signature Business Address / By \ Incorporated under the laws of the State . [Remainder of this page left blank intentionally] 7 of 7 JOHNSON-DAVIS INC. Con trøe tors eoc HILLBRATH DRIVE LAN!ANA,.F~?!IDA .. . I' .' :'f ' . .' . ~ . CHANGE ORDER PROPOSAL WEST ATLANTIC AVENUE SANITARY SEWE~ EXTENSION PROJECT NO. 92-28 CONTRACTOR: Harry Pepper & Associates, Inc. ADDRESS: 119 West Eighth Street, Jacksonville, FL 32206 PHONE: (904) 356-3954 This Change Order, when executed, shall be incorporated in and shall become an integral part of the Contract for In-Line Booster Mstr. Pt.1np station _& Trans. Syst. ~VDI1t:s. dated 3-15-93 , City Delray Beach Prõ)ect No. 90- 5 between the City of Delray Beach and Harry p~r & Associates, Inc. . I. Bidder will furnish :and deliver all materials to do and perform all work required to complete the work for the following prices: ITEM Est. unit Total Est. J!Q..s.. ll%M Unit Quantitv Price Price 1 Furnish & Install S" PVC pipe (SDR 35) Price Per Linear $ 4q~ 00 Foot: LF 640 $'3JQ3b- .¡:;, IZ. T '-r' t1tne Dollars ..f11.- nET ,... Cents 2 Furnish & Install Class 52 Poly Lined Ductile /Iron Pipe Price Per Linear $ bÎ'€2 DO Foot: LF 300 $ ~O:l. SO- S (',CI \.( Seusr'\ Dollars - , Fl ~-r '-( Cents 1 of 7 '. · . , , ITEM Est. unit Total Est. --IDh. nEM !!nit Quantitv Price Price 3 Jack & Bore 100 LF (Min) 20" Steel Casing ()O $ '0$0 4 ~ Lump Sum Price: LS 1 $ .20S'Q4 - - L WS'l'''T'1' -n-\ð~ ftf' t> 1=\ V e. H-v ~t:)\2. t:.:b Ç()c.J. TL Dollars Dð Cents 4 Connect to Existing Manhole: Lump Sum Price: LS 1 $ ß7S~ $ ßìS~ E.\~\A--T HV!'"t){2E\::) t;E~r\T,-( F\ve Dollars DC) Cents 5 Furnish & Install sanitary Sewer Manhole Price Per Manhole: Ea 4 $ I L.{ l.D o~ $ 5"b ß() D,9 ðf\E t\-\O\J~A<\b t=ò~'~ ""f\'b~'E.b -r:wi:~ Dollars ðO Cents 6 Furnish & Install 6' Diameter con- flict manhole Price Per Manhole: Ea 1 $ h b 00 0.,9 $ b bOO°.9 ~\~ --t\-\olX 1'\I\b >.l)(; W~~ E\:) Dollars 00 Cents I '. , 2 of 7 ., . . I I ITEM Est. Unit Total Est. --li!L.. nIDi !!nit Quantity Price Price 7 6" Sanitary Sewer Lateral with cleanout Price Per Lateral: Ea 5 $ 7100°.!. $ ~ tõOo OJ) SE\JEf\ ""U(\Þ~Eb S\~-z-'-< Dollars 00 Cents B Adjust Southern Bell PVC Duct Bank Lump Sum Price: LS 1 $ IlbS"~ $...1 \ b~ ~ Dr\f:. -n1"C\ 1> Prl'.b ore ~Î\1:>Qe b ~\~L'< "FlUE Dollars DO Cents 9 Pavement & Curb. Restoration in West Atlantic Avenue R/W $ .2'i'õ~~ ~oo , Lump Sum Price: LS 1 $ :2.'1 ~ - -:Tl Jo --rB-nùS 'A-A" .", r\ E. ~"'b~eb 1\+\ n-r~ 1=t Ve Dollars Ot) Cents 10 Pavement Restoration on Parking Area . , I ~ c; o~ $ l \ b S' °Æ Lump Sum Price: LS 1 $ Dl\E ~S~h OT'\~ ~'t>~~ c::, \ '1-, '-( 'RUE. Dollars ðQ Cents - . 3 of 7 'f ~" I . . . . ITEM Est. unit Total Est. .JiQ... nEM J.lni.t ouanity Price Price 11 Sod/Landscaping Restoration oc $ :lðf,S~ Lump Sum Price: LS 1 $ ':!OßS - -r~ -ntoL)S~b ~\.b~~ F\ \.);:; Dollars oD Cents 12 Trench Safety Lump Sum Price: LS 1 $ l 0'1 ~ ~ $ \ 0'1 S 0.,9 Dr\f: --rhO \. )S t'\ý\ \') (\\ I\~-r-t' Fl uS Dollars £r?s 13 Pneumatic Air Test of Sewer Main and Video Log Lump Sum Price: LS 1 $ I 0<1 5 o~ $\0'\ S ~ Of\E --r\t(j\J~ ~ ~ (\ \ r\t::-c'-1 1=tU E Dollars Oð Cents 14 Maintenance of Traffic 00 60 Lump Sum Price: LS 1 $~qOO- $ 1'1DO - --rwO --n:-\oú~ ~ b '"' \('.é \-h.J"'~\2P~ Dollars 0Q Cen s - , 4 of 7 ., ".', I . .~... .'. . , , . ITEM Est. unit Total Est. ...H2.a.. .ue !lnit Quantity Price Price 15 Video Allowance Lump Sum Price: LS 1. $ 500.00 $ 500.00 Five Hundred Dollars No Cents 16 Utility Conflict Allowance Lump Sum Price: LS 1 $ 7.500.00 $ 7.500.00 Seven Thousand Five Hundred Dollars No Cents 17 Density Test Allowance Lump Sum Price: LS 1 $ 1. 000.00 $ 1. 000.00 One Thousand Dollars \ , No Cents Total Evaluated Bid $ t I \ D8t; ~ Bid Items 1 through -11 (in numbers) ) Total Evaluated Bid Or'\E &.-kJ l'\T::>2 e '1> "E.Le ve- (\ Bid Items 1 through -11- (in words) --r~Vs. P- (\1:) E \ b \"\"""T'-( FiVe ,/ Dollars DÔ Cents -. , 5 of 7 .. . I· . . , , . . . . Bid Alternate: In lieu of the Jack & Bore of 20" casing pipe in Atlantic Avenue (Bid Item #3) contingent on FDOT approval, an open-cut trench may be allowed. FDOT approval has not yet been granted. ITEM Est. unit Total Est. JiQ..". InM 1lni.t Quantitv Price Price 18 Furnish and Install 8" PVC pipe across Atlantic Avenue R/W Price per Linear ~~C()2 $ ~bt.100 ~ Foot LF 120 $ J\fJO \-RJ 1\t:)~~ ~ r('\-:-r.'-f Dollars ., 00 Cents II Bidder has examined the site and locality where the work is to be performed, the legal requirements (Federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the work and has made such independent investigations as Bidder deems necessary. .'. III This Bid is genuine and not made in the interest of or on \ , behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no official of the CITY or any person in the employ of the CITY is directly or indirectly interested in said bid or in the supplies of work to which it relates, or in any person of the profits thereof. IV Bidder agrees that the work will be sUbstantially completed within ~ calendar days after the date when the Contract Time commences to run, and completed within -12- calendar days after the date of. Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in: the event of failure to complete the work\on time. 6 of 7 '. , . HJl:- ,l-~j frlU í U; Uj HAk~Y ýEP~Ek-VtLkAY F AX NO. 407274~981 P. 09 6 '. ; . . , V The terms used in this Bid which are defined in the General Condi tions ()f the Construotion Contract included as part of the Contraot Documents hav,~ the ~eanin9s assigned to them in the General Conditions. Submitted on .--i!ulv 2 / 1993 . a. ) (If an individual, pa:rtnerhip, or non-incorporated organization) . Signature of Bidder ~ By -, Address of Bidder By , .'. b. ) (If a corporation) , siqnature of Bidder ~epper & Assocs,Inc Corporate Seal ; By · * David P per, Pres1dent Address of Bidder 119 W. 8th St,P.O. Box 300 Jacksonville, FL 32206 Inoorporated under the laws of the state of F10r ida ,. . , c. ) Certificate of Compet.ency Number CGC038649 . " . .. d. ) The names of the Cor{.lorate officers, or partners, or individuals doing b~siness under trade name, is as follows: HARRY PEPpER JR. CHAIRMAN OF BO~~D. MAR~H~ PRPPFR. SRrv DAVID PEPPER, PRESIDENT, L. CUY BROOME, VICE PRE$/TREAS Si9nat~ure of By e David pe~per /' presiden BUl3iness Address 119 W. 8th St, P.0.Box30C ~~le, FL 32206 By ~ Incorporated under the laws of the state of Florida . - \ [Remainder of this pag"'ia left blank intentionally] I I I 7, of 7 " ,..," . . . . , CHANGE ORDER PROPOSAL WEST ATLANTIC AVENUE SANITARY SEWER EXTENSION PROJECT NO. 92-28 ~/~Eee!J ~S";.'~ATe CONTRACTOR: ADDRESS: C /?;Y ~¿¿if' :2Fé-A?~ II' , PHONE: ~y~¿;>40J ØØ3 This Change Order, when executed, shall be incorporated in and shall become an integral part of the, Contract for dated , City Delray Beach ~ect No. between the City of Delray Beach and . I. Bidder will furnish and deliver all materials to do and perform all work required to complete the work for the following prices: ITEM Est. Unit Total Est. ~ ~ ~ Ouantity Price Price 1 Furnish & Install 8" PVC Pipe (SDR 35) Price Per Linear 7? ~ /~ ,Q , Foot: LF 640 $ G¿ $ od{) Dollars Cents 2 Furnish & Install Class 52 Poly Lined Ductile Iron Pipe Price Per Linear '7a6t 0 Foot: LF 300 $? U $ ~ 9'CO . Dollars Cents 1 of 7 " . I- . . . ITEM Est. unit .Total Est. J!Q..... I.T.ID1 .1Jn.jj; Quantitv Price Price 3 Jack & Bore 100 LF (Min) 20" Steel Casing ~ ,.".. Lump Sum Price: LS 1 $ 7?: ¿?¿:o $ Z~ ax> .- Dollars Cents 4 Connect to Existing Manhole: Q!' ..=. Lump Sum Price: LS 1 $ 750 $ Z:0J Dollars Cents 5 Furnish & Install sanitary Sewer Manhole '*' ~~ Price Per Manhole: Ea 4 $ Z; ~-?¿X) $/~~ Dollars Cents 6 Furnish & Install 6' Diameter con- flict manhole Price Per Manhole: ø $ 5;s¿x::)~ Ea 1 $ -?:500- Dollars Cents I 2 of 7 , '. <.," , . .. . . , . I i ITEM Est. unit Total Est. -H2..t.. .l..î.ID1 unit Quanti tv Price Price 7 6" Sanitary Sewer Lateral with cleanout #Jl 3:752/ Price Per Lateral: Ea 5 $ ?:-~O $ /' Dollars Cents 8 Adjust Southern Bell PVC Duct Bank 'i# c- Lump Sum Price: LS 1 $ .7; oC;V $ $~- Dollars Cents 9 Pavement & Curb Restoration in West Atlantic Avenue R/W 'i.- ~~ .c. Lump Sum Price: LS . . ·1 $ $ ..:s.::~ - Dollars Cents 10 Pavement Restoration on Parking Area . ,(o:X> & .. Lump Sum Price: LS 1 $ $ ~ ¿;~::.Ö - Dollars Cents 3 of 7 I .. "" u . . " ITEM Est. Unit Total Est. ~ .InM ~ Ouanitv Price Price 11 Sod/Landscaping Restoration ~ Lump Sum Price: LS 1 $ Z~ $ ~ ce:o Dollars Cents 12 Trench Safety <P - Lump Sum Price: LS 1 $ ¿ Za/ - $ /,- 2.~ - Dollars Cents 13 Pneumatic Air Test of Sewer Main and Video Log ~ ~ Lump Sum Price: ~ O::::D &eX? - LS' 1 $ $ I- Dollars Cents 14 Maintenance of Traffic ~ .(, Lump Sum Price: I..IS 1 $ s,,-s¿XJ $ 2- 5""00 - '/ Dollars Cents 4 of 7 Of I"'" , .. " . . ".. " ITEM Est. unit Total Est. JiQ... ~ !.!niì: Quantitv Price Price 15 Video Allowance Lump Sum Price: LS, . ,1 $ 500.00 $ 500.00 Five Hundred Dollars No Cents 16 utility Conflict Allowance Lump Sum Price: LS 1 $ 7.500.00 $ 7.500.00 Seven Thousand Five Hundred Dollars No Cents 17 Density Test Allowance Lump Sum Price: LS 1 $ 1.000.00 $ 1.000.00 One Thousand Dollars No Cents Total Evaluated Bid $ g7/&::?~ Bid Items 1 through -11 (in numbers) ,/ Total Evaluated Bid 31'/ ?~o~~ Bid Items 1 through -11- (in words) - Dollars Cents 5 of 7 '1 HI! . . . Bid Alternate: In lieu of the Jack & Bore of 20" casing pipe in Atlantic Avenue (Bid Item #3) contingent on FOOT approval, an open-cut trench may be allowed. FOOT approval has not yet been granted. ITEM " Est. unit Total Est. ~ IïEM Ynit Quantity Price Price 18 Furnish and Install 8" PVC pipe across Atlantic Avenue R/W Price per Linear -?7"ð.5ee. /¿:;::? 2ôO e Foot LF 120 $.7 < $ ./ - ./ . .. - -~ Dollars Cents II Bidder has examined the site and locality where the work is to be performed, the legal requirements (Federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, . progress or performance of the work and has made such independent investigations as Bidder deems necessary. III This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, orga~ization or corporation; Bidder has not directly or indire.::tly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and .Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no official of the CITY or any person in the employ of the CITY is directly or indirectly interested in said bid or in the supplies of work to which it relates, or in any person of the profits thereof. IV Bidder agrees that the work will be substantially completed within ~ calendar days after the date when the Contract Time commences to run, and completed within -12- calendar days after the date of SUbstantial completion. Bidder accepts the provisions of the Agreement as to liquidated damages in: the event of failure to complete the work'on time. , 6 of 7 " ,.,,, . . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # c¡ N - MEETING OF JULY 13, 1993 AMENDMENT NO. 5 TO SERVICE AUTHORIZATION NO. 5/CH2M HILL DATE: JUL Y 8, 1993 This item is before the Commission to consider approval of Amendment No. 5 to Service Authorization No. 5 with CH2M Hill in the amount of $14,200.00 for additional engineering services provided to the City during the five month extension to the construction period for the Water Treatment Plant Lime Softening Conversion project. While we have negotiated a lump sum payment of $14,200 for the extended period with CH2M Hill, we have also negotiated with the Contractor (Elkins) , as part of the time extension to the construction contract, reimbursement to the City in the amount of $4,500 for engineering services necessitated by the extended completion date. This results in a cost to the City of $9,700 for the additional consulting services. As detailed in the accompanying staff report, CH2M Hill has provided excellent service on this project, and the extension to the contract was through no fault of the consultant. Recommend approval of Amendment No. 5 to Service Authorization No. 5 with CH2M Hill in the amount of $14,200.00; with funding from 1991 Water and Sewer Bond - Water Plant Conversion (Account #447- 5164-536-31.30) . ~ 6-0 ref:agmemol8 '. · Agenda Item No.: AGENDA REQUEST Date: June 28, 1993 Request to be placed on: _____ Regular Agenda _____ Special Agenda /3 __X__ Workshop Agenda When: July ft, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve Am~~~pt No. 5 to Service Authorization No. 5 to CH2M Hill in the amount of ~, .~O for additional consulting services required for the extended time needed by the Contractor for completion of Project No. 91-22 Water Treatment Plant Lime Softening Conversion. Funding source is #447-5164-536-31.30. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of Amendment No. 5 to Service Authorization No. 5 to CH2M Hill. ~~~:~::;:; Head -tY4dQ;>. -.'.&_ ß 7/¡1.,~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (r~red on all items involving expenditure of funds): Funding available: NO Funding alternatives __ _ " ".', (if ~PPliC~le) -'N J . Account No. & DescriptioM l-~/f:,A·-,-S;-~ .~/-?v-.!!lJ 1301\1 j) ~R PLAN \ CC, Account Balance fD" G, t, - 1·"_ ~ _ City Manager Review: Approved for agenda: ~NO rJJv1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen2513.doc 'f "'" '. . MEMORANDUM TO: David T. Harden City Manager FROM: William H. Greenwood Director of Environmental Services SUBJECT: PROJECT NO. 91-22 - LIME SOFTENING PROCESS WATER TREATMENT PLANT - FINAL CHANGE ORDER, PAY REQUEST TO CONTRACTOR AND FINAL AMENDMENT TO CONSULTANT DATE: June 28, 1993 The City of Delray Beach Water Treatment Plant Improvements Project has been a highly successful and beneficial project to the City of Delray Beach. The project has been an example of teamwork between the City and its Contractor and Consulting Engineer, $8 Million of budgeted work was completed for $5.9 Million. The project is now complete. Attached herewith and described below are final completion documents for commission approval. A final negotiation has been completed with the Contractor, Elkins Constructors, resulting in a final credit change order (Change Order No. 13) and final payment application (Pay Application No. 16), with no outstanding unresolved claims. Due to construction contract final completion time extension beyond the original final completion date of February 9, 1993, the Consultant has been required to provide additional time related services resulting from a time extension of nearly five months. We have negotiated with the Consultant a lump sum payment of $14,200 f or the extended period. As part 0 f the negotiation of the time extension to the construction contract, the Contractor agreed to reimburse the City $4,500 for engineering services caused by their activities, resulting in a cost to the City of $9,700 for the additional Consultant services. " ~., " . . We recommend the final payment to the Consultant for the following reasons: 0 The extension to the Contract was through no fault of the Consultant. Extenuating circumstances related to the rebuilding of the internals of the treatment units caused more mechanical difficulties than anyone anticipated, resulting in a justifiable time extension to the construction contract. 0 The consultant provided excellent services on the Contract. The final change order percentage of 2.l1% of construction cost is far less than average for this type of work. Changes caused by engineering modifications resulted in only 1. 3% of construction costs, which by standards of the industry is less than average. Most of these changes resulted in value added. Please see attached Change Order Summary. 0 In, summary, the time related services provided by the Consultant were additional to their contract and were of value to the City. ~dg -~#~ William H. Greenwood WHG: smm ATTS: File: Memos to City Manager Project No. 91-22(D) 0' · § .. 0 ~ 0 CO~ .... q.-- ~ ~r-: e (hN .... C a ~~ - a.. 6 ,,: .2"2 Cf) ...c ~ o~. O()CD cO r-... oq: 2Ec CD·¡;¡ " .--: - "5 a lC) ci ~ c E~ E'" E (h ,-,;. 00 ...CD '-' ~'Uo a> E ~ CD5 ::J ':=0 en ... ... c~ CDc) CD 0 $0 CO~ ....c ~ CON Cf)'- en a·- ():t: It ~¡ 0 "('I) ~"e N . oc .-- 0 -0 ::J.- .c:t: CD (h 5U B 00 C) aen c CD CD a ~E .c ~~ CD 0 C Cf) >-..- '1: C () a""¡ ()CDCD ~~ ()'- c ... cCf)o - '~.c CD (h e c U w ~ "eCf) ~()() ~ () 1;; CD c()c ('I) ð~o N CJ'.c (h ~U ~ ~ ~ 0 ..- ..- Õ ceDI!! J:: C) eD CC'tJ oc.. o.co 00 ~ " . . . .. . City of Defray Beach Consulting Service Authorization Amendment DATE: , 1993 AMENDMENT 5 TO SERVICE AUTHORIZATION NO.5 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO. (CITY) SEF30787.B7. (CONSULTANT) TITLE: Additional Services During Construction (SDC) and Resident Observation at Water Treatment Plant Lime Softening Conversion Project I. Project Description Under Service Authorization No.5, the City authorized CH2M HILL to design and provide engineering services during construction and resident observation for improvements to the City's water treatment plant. The design has been completed and construction is 100 percent complete. The original scope of services during construction was based on a 52-week period ending February 9, 1993. In order that the construction that occurred during the extended time period be observed and additional services during construction be provided, the City required CH2M HilL to provide services as described below. II. Scope of Services The CONSULTANT provided authorized engineering services to the CITY as described in Task 6 and Task 7 of Service Authorization No.5, during the five month extension to the construction period. III. Cost of Services Services under this authorization were provided on a negotiated lump sum basis. The authorized compensation is a negotiated lump sum of $14,200 based on 5 months of additional services. The Contractor is responsible for and paid $4,500 of this cost to the Owner. The Owner is responsible for the balance of $9,700. IV. Completion Date Services under this authorization will be accomplished by July 9, 1993. '. . . . ., ' .~ .. . - APPROVED BY THE CITY CONSULTANT OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC. _ day of ,19_ þ John . Curtiss, P.E. ice President and South lorida Operations Manager CITY OF DELRA Y BEACH, (SEAL) a municipal corporation of the State of Florida STATE OF FLORIDA By: COUNTY OF BROWARD Mayor The foregoing instrument was acknowl- edged before me this ~ day of ~ ,1998, by John F. Curtiss, f CH2M HILL SOUTHEAST, INC., a ATIEST: Florida corporation, on behalf of the corporation. He is personally known to me as Vice President and South Florida By: Operations Manager and did take an City Clerk oath. ~~~~Wdl~ APPROVED AS TO FORM: Signature of Pe&6n Taking Acknowledgment By: City Attorney Bobbie J. Willcox Name of Acknowledger Typed .... Notary Public, Stal. of Florida My Commission Expires June 29, 1995 Bondod Thr. Troy foin ·In..,o"cO Inc" lOO1231D.DFB .. . ~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tï1 SUBJECT: AGENDA ITEM # 90 - MEETING OF JULY 13, 1993 CHANGE ORDER NO. 13 AND REQUEST FOR FINAL PAYMENT/ELKINS CONSTRUCTORS, INC. DATE: JULY 8, 1993 This item is before the Commission to approve a final change order in the net deduct amount of $4,500.00 and a request for final payment in the amount of $221,902.87 from Elkins Constructors, Inc. for the Water Treatment plant Lime Softening Conversion project. The project is now complete and has been an example of teamwork between the City, the Contractor and the Consulting Engineer ( CH2M Hill) . The $4,500.00 deduct change order #13 represents reimbursement from Elkins for additional engineering services caused by the extended completion date. Recommend approval of Change Order No. 13 (Final) in the net deduct amount of $4,500.00 and the request for final payment in the amount of $221,902.87 from Elkins Constructors, Inc. ; with funding from 1991 Water and Sewer Bond - Water Plant Conversion (Account #447-5164-536-60.31) and Repair and Replacement - Equipment Replacement Program (Account #442-5178-536-61.76). ~ 6-0 ref:agmemo19 . · Agenda Item No.: AGENDA REQUEST Date: June 28, 1993 Request to be placed on: _____ Regular Agenda _____ Special Agenda í3J __X__ Workshop Agenda When: July,lf', 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve final payment to Elkins Constructors, Inc. for project No. 91-22 - Water Treatment Plant Lime Softening in the amount of $221/902.87 and the final Change Order No. 13 net deduct of $4,500.00. Funding source is *447-5164-536-60.31. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends approval of Change Order #13 Final and final payment be made to the Contractor. D~partment Head ~ 1í'tfi ¡j 7,/; It;' 3 SJ..gnature: ~~~..>, Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~ired on all items involving expenditure of funds): Funding available: E /NO Funding alternatives Account No. & DescriPti~ :?-~ - ~!;; Account Balance B?ALA t; 0 .0. ~ City Manager Review: #'1, -S I, ß ~s ~ . Cot '-l~, F:~'k' b(\1\Å.lP íÆ?L· Pl?L6. í?:kLkNCE 0 N YD. 27-- /:,J--ß :Dt.-- Approved for agenda:~/NO ~ Hold Until: I Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen2513.doc " Þ'" . . . , CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 13 PROJECT NO. SEF30787.B8.oo DATE: June 25, 1993 PROJECT TITLE: Water Treatment Plant Imorovements TO CONTRACTOR: Elkins Constructors YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide materials, equipment and labor for work described In Schedule A. Modify specification section 13400 Part 4.1 E Owner Training (see attached). SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $3,985,00).00 1~(1 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED a38~¡~57~6'ð ^,\1/dM 1.1t OWNER CONTRACT CONTINGENCY '+$250,00).00' ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 4,323,579.60· '·~~rCOST OF CONSTRUCTION CHANGES THIS ORDER -$4,SCQ.00 .' ADJUXTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $4,319,079.60 ' NET~t&ST OF CONSTRUCTION CHANGES 84;079.60 ,. PERCENT INCREASE/DECREASE THIS CHANGE ORDER -0.11% TOTAL PERCENT INCREASE/DECREASE TO DATE 2.11% EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT..QL CALENDAR DAYS TO June 30, 1993 CERTIFYING STATEMENT: I hereby certify that the supporting cost data Included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and In proper ratio to the cost of the original work contracted for under benefit .ço petltlve bidding. .-.". ( .-". Ç~L CONTRACTOR SI ATURE CONSULTING ARCHITECT OR ENGINEER (SEAL) £'SD TO BE FIUED OUT BY DEPARTMENT INmATlNG CHA&DER If'l7 -5ï~ r¡- .53t-tt'. 3/ ~~ -~ ---~~.J?/zk3 DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FL ~ By tts City Commission RECOMMENDED: ~ 712./~3 By: PROJECT MANAGER MAYOR ATTEST: APPROVED: By: CITY AITORNEY CITY CLERK ., . Modify the Contract language as follows: ADD TO SPECIFICATION SECTION 13400 PART 4 OWNER TRAINING: 4.1 E 160 hours of the specified owner training will be provided during the warranty period which begins at contract completion and continues for one year. The 160 hours of training will be conducted at the City of Delroy Beach Water Treatment Plant. 200 S.E. 6th Street, Delroy Beach. Rorida. in accordance with the Contractor's letter dated May 6, 1993 and as agreed in the Instrumentation and Control meeting on April 1, 1993. . " . . .. '" "i~ ~ 1;;~ ~œ X~ ·5~ ~ ~o UI g ~~ ~ lIS 0.- Ul13 ~ ~ g g. g"iá .z 5e ~ -g œ g "1:J1;;e "1:J"iij1: œ 8. ~ UI œellS - ~8 u "'C .... ~._c:: =' CD II;. c: œ 0 œ E œ a 0._ 0 £ e "1:J ~=1: oe ~ ~ œ - lIS ~œ~ ~ ~~ œ ê CI œu .! UlIISE œ.E!œ "1:J œ "1:J UI lISœ ~ - e- ~ e e ~~... lIS e= ~)( _ œ .- ~IISO ~"1:J œ UI - a. .eœ- œ OIlS 0 13 - œ E -ClI!! :II .e... 0 13 .... 5 2 :2 lIS 5J-IISg! ~.e Ulœ.... lIS g 10 .... ~ c: ~ ... 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CITY OF DELRA Y BEACH SUMMARY OF WTP CONTRACT CHANGES Percent of RFQ or Change Original WD Order DescrlDtlon Cost Contract CONTRACTOR REQUESTED CHANGES 1 C.0.3 Concrete Masonry Units weight changed to standard ($2.500.00) 5 C.0.3 Steel pipe for potable water line replaced wI PVC ($2,500.00) 7 C.0.3 TEFC gland air cooled sealing system ($700.00) TOTAL ($5,700.00) -0.14% ENGINEERING DESIGN CHANGES 4 C.0.3· Add 2 pressure relief valves $2,604.00 6 C.0.3· PVC conduit changed to rigid steel conduit $703.00 8 C.0.3· Delete filter connection & piping ($2,188.00) 14 C.0.3· Sludge thickener level ($1,500.00) 15 C.0.3· Change electrical conduit size $666.00 16 C.0.3· Upgrade electrical power to valves $4,382.00 17 C.0.3· Electrical motor 10 to 15 HP $1,092.00 18 C.0.8· Backflow preventers & piping $11.590.00 21 C.0.8 Reroute 10· decantJfiltrate pipe $3,315.00 23 C.0.8· Various instrumentation and control $5,031.00 29 C.O. 10' Install miscellaneous electrical $5,870.00 31 C.0.10 Change door size in lime building $2.700.00 C.O. 10· Delete lime silo dust collector platform ($800.00) WD2 C.0.11 Move exhaust fan in S.E. section of Lime Building Roof $350.00 WD4 C.0.11· Remove trap in Dewatering Building piping $794.80 WD8 C.0.11· Revise paving to provide proper drainage at $5,507.98 entrances to Dewatering Building from S.W. 7th Street and S.W. 4th Avenue (partial value received) WD10 C.O. 11· Install 6-inch neoprene duckbill check valve sleeve on $1.500.00 washwater recovery sludae DumD. Spare also Drovided. ·value to owner received summarv.wk3 Page 1 of 4 " . . CITY OF DELRA Y BEACH SUMMARY OF WTP CONTRACT CHANGES Percent of RFQ or Change Original WD Order Descrlntlon Cost Contract ENGINEERING DESIGN CHANGES (continued) 33 C.O. 11" Install air relief valve and replace solenoids with low pressure $3,316.90 switch on thickened sludge pumps 40 C.0.11 Provide electrical conduit requested in CCIR 63, No.1, 2, and 5. $1,304.00 Also provide credit for NEMA 4X enclosure which was not Installed. -- C.0.11 Return bronze hardware· exchange for clear anodized aluminum. $170.84 F.0.30 C.O. 11" Alter fence and sidewalk around tree $543.00 -- C.0.11 Increase cantilever gate sizes $730.00 C.O. 12· Paint for Stucco $5,834.00 C.O. 12" Chlorine Building· Double Door Modification $915.00 C.0.12 Filter washwater recovery sludge pump $2,800.00 C.O. 13" Replace concrete stoops with ramp outside lime building $557.19 C.O. 13· Delete four shutters ($3,000.00) C.0.13 Credit due on changing door size in lime building (C.O. 10) ($1,348.78) TOTAL $53,439.93 1.340/0 UNFORESEEN CONDmONS 20 C.0.8 Shorten monorail span $1,468.00 28 C.0.10 Roof leak damage and telephone jacks $598.00 C.0.12 Excavation and Removal of old concrete foundations on site $1,847.00 C.0.13 Sludge removal quantities increased $6,833.36 C.0.13 Rip rap modifications $2,133.24 TOTAL $12,879.60 0.320/0 ·value to owner received summary.wk3 Page 2 of 4 ., . . . CITY OF DELRA Y BEACH SUMMARY OF WTP CONTRACT CHANGES Percent of RFQ or Change Original WD Order DescrlDtlon Cost Contract OWNER REQUESTED CHANGES Contract contingency line item ($250,000.00) 3 C.O.4 Irrigation system on finished water $3,629.00 10 C.O.1 Treatment unit rehab $92,317.00 11 C.O.5 Air stripper maintenance $22,628.00 12 C.O.3 Nagle vs. Wilfley $6,940.00 22 C.0.7 Increase pen recorders & totalizers $31,500.00 24 C.0.8 Grit chamber $8,212.00 25 C.0.8 MH interior paint $647.00 26 C.O.8 Keyway on sludge thickener $1 ,796.00 C.O.6 Treatment unit rehab, welding & finishing $74,801.00 27 C.O.10 Less asphalt at 20-lnch main location ($950.00) 32 C.O.10 Delete 12' gate ($442.00) WD6 C.O.11 Piping changes in Lime Building $1,500.00 WD7 C.O.11 Revise parking area and landscape island. Delete $1,213.51 small island at entrance gate and relocate intercom. Convert another island to parking space. 39 C.O.11 Delete fencing shown in attached sketch and reuse ($258.00) existing gate at alternate location C.O.12 Excavation for FPL conduits $652.00 C.0.12 Sludge removal quantities increased $2,000.00 C.O.12 Paint for Stucco $5,833.00 C.O.12 Delete wallpaper in Control Room. ($800.00) C.O.12 Lime Slurry and Irrigation Piping modifications $1,416.38 C.O.12 Additional cost for check valve $500.00 C.O.12 Director of Environmental Services recommends $30,000 reward $30,000.00 bonus because intent of softening water by 12124/92 was met C.O.13 Relocate shrubs and sprinklers $3,240.14 C.O.13 Delete silo skirt ($2,000.00) summary.wk3 Page 3 of 4 ., · .. . CITY OF DELRA Y BEACH SUMMARY OF WTP CONTRACT CHANGES Percent of RFQ or Change Original WD Order Descrlntlon Cost Contract OWNER REQUESTED CHANGES (continued) C.O.13 Delete seeding ($900.00) C.O.13 Credit for Engineer Services ($4,500.00) C.O.13 Treatment unit rehab (Change Order No.1) ($1,091.35) C.O.13 Credit due on Air Stripper maintenance (Change Order No.5) ($2,199.98) C.O.13 Change Order No. 11 Adjustment ($2,223.82) , Previous math error $0.19 TOTAL $23,460.07 0.59% GRAND TOTAL $84,079.60 2.11% summary.wk3 Page 4 of 4 " · ... PA YMENT APPLICA TlON AND CERTIFICA TE Date: JUNE 25,_ ,.1993 Sheet 1- of --_--8--__ Application No. ' _ _ SJx:'¡'ß~, (l6_L_RßYI$ED, Period From 5{L..__ To 6/39 19 9:3__ ___ Project: ___PELMXJ.J:r~¡I~LCONVER.SIº~ __ _ Project No. _J,º~lO.?____m_____ ___ Contractor: __ELKINS__CQNSTRUC'I'Q~_L-¡NC... P .0. I30K .439_€)___.JAÇKS9IDJ~kELXr....!_ 32203 --.-----.-.- 1. Original Contract Sum $ --_.3.1-985., 000.0.0___ 2. Contract Modifications Approved In Previous Applications: Additions $ __~_3J~L~79.60____ Deductions $ _ .'--- ---.--.-----. .. -.-...------....-. 3. Contract Modifications Approved This Period (List Contract Modifications Nos, _ n________,_____) Additions $ Deductions $ 4,500.00 --.".------- - ._... -.----. .-...- ..-....-.-.,,--... ,-,---_._- 4. Net Change By Contract Modifications (sum of Lines 2 and 3) $ ___334,_01..9..._60___ 5. Revised Contract Amount (Sum of Lines 1 and 4) $ A '-:?.!_~ ,O7_':!._~§º_ 6. Total Value of Work to Date (Estimate Attached) $ 4,319,079.60 - ~ .-.~.~-.--. 7. Percent Project Complete (Line 6 + Line 5) x 100= 100 % --.".----.-. .--------.----.--.. 8. Total Materials on Hand (~isting Attached) $ -- ._.____.___._.. . __·u,__"_,_." 9. Subtotal· Work Completed and Stored (Sum of Lines 6 and 8) $ 4,319,079.60 .'._._.________,',._. _.. ..·.._u._ 10. Total Retalnage (__Q___"., % x Line 9) $ __________0. OQ_______ 11. Total Earned to Date, Less Retainage (Line 9 less Line 10) $ ___AL~J.9 ,_079.. 6CL_____n 12. Less Previous Certificates for Payment (item 11 from Previv~s Application) $ ___ 4, 097_(176 ~]_3___ ,,_ 13. Current payment Due (Line 11 less Line 12) $ 22!Ô~º?·~7 The undersigned Contractor certifies that the Work covered bV this Application tor Poyrnent has been completed In accordance with the Contract Documents, that the current payment shown herein is now due, and thot title for all Work, materials. and equipment covered in this Application will pass to the Owner free and clear of all liens at the time of payment ~::;;::INS CONS:r'!'.tJ<;l'Oi<S____IN£,_ dd_ "~sŒ.1:~ ~25~~~~3_ I hereby acknowledge that the material and labor involved on the above estimate is correct to the best of my knowledge. information and belief, and payment on same Is due Contractor, _~-?~,f'.~.¿.. C, 1"l~9' j-- CH2M HILL t?k k:/!cø Ucla "1/7-.5"1'" -SJt -(,t:).3/ REV 12/90 FORM 276 (3.1) " . . .. , WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF nl1t7:111 Stephen B. Sgroi , being first duly sworn, deposes and says ,as follows: He is Asst. Tt'easnI"PJ'; of F.lkin1=l .('nn1=ltnlctor9; 111<:'. , Title ,Name of Corporation or Firm a Florida corporation whl~h is named in Construction Contract. dated the ~lst day of Januarv , 19..9.2.., between said corporat.ion as t.he CONTR1\CTOR and t.he City of Dell"ay Beach, Fl Florida as the OWNER, for t.he const.ruc· , t.ion of Improvements to the Delray Lime Conversion and Affiant 1s aut.horized to make this Affidavit as, or on behalf of. the Contractor as named above. Title to all work, mat.erials and equipment covered by the attached Periodical Estimat.e for Payment. dated JUNE 25 , 19~ passes to the Owner at the time of payment free and clear of all liens, a nd all laborers, materialmen and subcontractors have been paid for I performing or· furnishing the work, labor or materials upon said Contract ~ work covered by the aforesaid Periodical Estimate for Payment. This st.atement. under oath 1s given in compliance wit.h Section 713.06 Florida Statutes. I!~. .;J'~ Af£i t swo~ to and ·subsct'lbed be fore me thi s ~5" day of _~~ , 19 9] . ~_D~i\~ Notary P b li c, St.ate of FK¥.~~¡t¡~ T$I\'JMlAarge My Commission expires: NOTARY PUBLIC, STATE Of FLORIDA My Commission Expires June 19. 1995 ( SEAL) Gemmission No. CC 121418 END OF WARRANTY OF TITLE ¡ '. . , . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9 'P - MEETING OF JULY 13, 1993 SERVICE AUTHORIZATION NO. 6/CURRIE SCHNEIDER ASSOCIATES DATE: JULY 9, 1993 This item is before you to consider a service authorization with Currie Schneider Associates in an amount not to exceed $4,851.06 for continued construction administration services during the extended contract period for the Veterans Park Redevelopment project. The construction contract was extended 42 days and some additional work was added, including coordination with FP&L, modifications required because of the addition of a retaining wall, modifications to the irrigation system, and minor site and architectural changes. This additional work is to be accomplished on a time and material basis with a not to exceed cap of $4,701.06; reimbursable expenses will not exceed $150.00, for a total fee of $4,851.06. Recommend consideration of Service Authorization No. 6 with Currie Schneider Associates in an amount not to exceed $4,851.06; with funding from Decade of Excellence - Veterans Park Redevelopment (Account #225-4126-572-61.63). ~ 6-0 ref:agmem024 " , . Agenda Item No.: AGENDA REOUEST Date: May 9, 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 reauests Commission to approve Service Authorization No. 6 to Currie Schneider Associates for continued construction a~ministration services (Phase V Services) for Veteran's Park. The construction contract was extended 42 davs and some additional work was added. This additional work includes coordination with FPL. modifications reauired because of the addition of a retainina wall. modifications to the irriaation svstem. and minor site and architectural chanaes. This additional work is to be accomplished on a time and material basis with a not to exceed cap of 54.701.06. Reimbursable expenses will not exceed $150.00. Total fee S4. 851. 06. Fundina will be from Acct. # 225-4126-572-61.6&~ , ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization No. 6 to Currie Schneider & Assoc. Department Head Signature~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives K'€['ev (if applicable) Account No. & Description ~~ V~ PI<. Account Balance City Manager Review: Approved for agenda: §YNO· ß'J1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AG149609.MRM 'f ,.,,' DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM .i:( 120 --$.' TO: DAVID T. HARDEN . "{¡~ J I Vt2C CITY MANAGER WILLIAM H. GREENWOOD ~ G,-, ,. " 0 /99 li/.',· , 'J ,1'" THRU: ' ~"'( j..' . J;Þ' DIRECTOR OF ENVIRONMENTAL SERVICES :s Of¡ IìCt FROM: RALPH E. HAYDEN, P.E.~ CITY ENGINEER DATE: JUNE 25, 1993 SUBJECT: ADDITIONAL SERVICES FOR VETERANS PARK FOR CURRIE SCHNEIDER , ASSOCIATES - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I have met with Larry Schneider of Currie Schneider and Associates regarding additional construction administration services for Veterans Park. This was done as you requested so we could consider compensation for his firm for work actually accomplished. In my evaluation I eliminated those charges which I felt were for preparation of Service Authorizations, proposal writing and expenses for processing additional work. I consider these items the cost of doing business since no actual work was done to benefit the city. I have determined they expended 49.0 hours on the City's behalf. This equates to 49.0 Hrs X $ 85.50/hr = $ 4,189.50. I have enclosed a budget transfer to allow for payment if you desire. Please advise as to how you wish to proceed. REH:kt File: 91-49 (D) Memos to City Manager RHDHVET.KT " CURRIE SCHNEIDER ASSOCIATES AlA PA CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: June 2, 1993 SERVICE AUTHORIZATION NO. ~ FOR CONSULTING SERVICES . CITY P.O. NO. CITY EXPENSE CODE PROJECT NO. (CITY) 90573.05 Currie Schneider Associates AlA PA TITLE: Architectural Services for Veteran's Park This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated March 1, 1991, between the City of Delray Beach and Currie Schneider Associates AlA PA. I. PROJECT DESCRIPTION Preparation of drawings and specifications (contract documents) for master planning and proposed improvements to the Veteran's Park located off of Atlantic Avenue and the Intercostal Waterway in Delray Beach, Florida. II. SCOPE OF SERVICES Provide additional basic construction administration services for Phase I of Veteran's Park as outlined under Phase V of the basic agreement for the extended construction time of forty two (42 ) days. III. BUDGET Compensation for this additional basic construction administration services shall be established as an upset fee of Four Thousand Seven Hundred One Dollars and 06/100 ($4,101.06) for the additional time of forty two (42 ) days that have been added to the construction administration phase of the work. Reimbursable expenses shall not exceed One Hundred Fifty Dollars ($150.00)/ as per paragraph VII A 2b (1-6) for this service authorization. 0' ~"; L . . The Consultant shall be reimbursed for additional services not included in the basic fee, such as but not limited to; soil borings, permitting, additional printing and providing a detailed cost estimate as per paragraph VII A 2a, 2b (1-6) , not to exceed an amount of Five Thousand Seven Hundred Fifty Dollars ($5,750.00) . These additional services shall be approved by the City, in writing, on an item per item basis. IV. COMPLETION DATE Time for these additional basic construction administrative services shall be established as forty two days for final completion f.om the date of the original date of final completion (original date of final completion May 07, 1993 - new date of final completion June 9, 1993) . Of . This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: . CITY OF DELRAY BEACH: Currie Schneider Associates AlA P A DATE: DATE: BY: Thomas E. Lynch Larry M. Schneider AlA Mayor (Print or Type) Title: Principal (Corporate Seal) Witness Witness Attest: BEFORE ME, the foregoing instrument, this Approved as to Legal day of , 1993, Sufficiency and Form was acknowledged by , on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 1993. Notary Public State of Florida My Commission Expires: 0' ".11 EXHIBIT B Hourly Hourly Raw Salary Salary Rate Rates Time 3.00 Multiplier Employer Category Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists , Robert G. Cmrie 28.50 85.50 Larry M. Schneider 28.50 85.50 Jess Sowards 20.00 60.00 Rusty Kupi 20.00 60.00 Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographies, Construction Inspectors , Jose Aguila 20.00 60.00 Thuy Shut 10.00 30.00 Office Support Sheri Nichols 12.50 37.50 Reimbursables Mileage $00.25 per mile Printing (24x36 sheets) $1.00 per sheet Faxing $1.50 per sheet Copies $00.15 per sheet Mailings/Fed- x/Deli veries per cost/invoice Long Distance Communications per cost of call .. ~, " . ..I"u-~-l:1-·"j:J nCJ~ ~.:J..:J',j ID¡.o~L-/f."'·1 1..-1..··./. ~t.,;.0:......l~C-' "i~L__ ItW.....'-' _",_ ,,-,,_it,.,.< .._'. __ '"' ~~1ßorandum v).,~ TO: David T. Harden city Manaqer THRUs william H. Greenwood ø~ þ~~_gtor Of Environmental S.~V1C.8 " ~alph z. Hayden, Þ.~I City Enqinaer \.{.Ø1{ FROM: Howard Wight Construction Manaqer , DATE: April 15, 1993 SUBJECT: Veteran's Park (91-49) Dutch Construction Chanqe Order #1 Enclosed is Change Order 11 to Dutch construction tor the Veteran's Park Project. change Order #1 is tor miscellaneous . changes requested by the city and the architect. It also ~ includes a request for demuokinq the area under the buildin~ pad which was an unforeseen condition. All of these changes are itemized in Schedule 'A' attached. City requests include minor architectural changes requested by the Parks Department SUOh as the security hook-up ot' a new exterior door, revisinq wall treatment in a remodeled hallway trom panelinq to a painted surtace. Also included are new benches tor the shuffleboard courts to replace the old wooden benches at the existinq courts. The March "storm of the Century" washed the top dressing off of the old Har-Tru surface on the lawn bowling court and there is an item included for this rehabilitation. There is some city requested ohanges which are associated with the sitework portion of the project. They include the deletion of ~he 1rr1;&t.10nl J.anðaoap1nq at. tho ar.anort.h ot t.he oourtQ .~.n9 N.B. ~.~ 8~ wh.~e . f~.~r. p.~~~n. awe. w~~l Þ. constructed. Also inolu~ed is an extension ot the storm dra1ns98 system due to a realiqnment of the gravity sewer constructed under separate contract in the public parking lot west of the Park 8ite. FPL will be relocatinc;r their linêS that are parallel to the intracoastal trom overhead to underground. Item #7 and #8 are -. tor a retaininq wall just north of the Atlantic Ave bridge and ~ assooiated eleotrica1 work which are required ror Ph II. This is needed tor servicing the Rambling Rose boat ticket booth. This scope ot work would have been designed and bid with the Phase II _.__... ___,_ __._._,_,__ ._.._.. _ _ "_'____n___. .__ ...~______._.._.._.~~._..____ __.. _.___________ Of . ~ïr:-l ::;_.::;::¡ non l::¡ ¡::¡::; 1 D i In:~rU'lT cr;v. ::¡CT'\V 1 çc::¡ Tt:~ ,,0 ¡ ..L) "-;!:;:¡::¡-TI!:iOD ¡:¡::¡oo ro~ Veteran's Park April 1!5, 1993 '~ . page 3 Con~rao~ for nex~ year bu~ is more l09iø~ically feasible and cost erricient to construct at this time in conjunction with the FPL line relocation. The rinal City requested item is an extension or time of forty-two (42) calendar days and associa~ed general condition costs tor this extension. Due to the phasing ot the contract the new shuffleboard courts could not be built until the existing overhead power servioe at the new court location were relocated ~~ .pt.!. A..:t..i."a:l.:J.y, .r"., "he .."y:t.ae wa. ..2.oCla__d "wo (I) trees were relocate4 unðer separate contract by the city. Thirty-eiqht days or the extension are due to the service relocation ant'! four (4) days were qiven to the contractor ror inactivity during the Delray Affair tor a total of forty-two (42) days. . Misoellaneous architect ohanqes are outlined in Schedule 'A' . The lawn bow11ng gutter change was suqqested by the shuffleboard court contractor, NidY, to oonform to typical court design .ta.ndard.. The retl1ininq wal~ at the gazebo was required to tie-in the differing elevations between the site grl1de and the gazebo grade. ,,- Unforeseen oonditions included demuckinq ot the building pad for the gazebo. The contractor encountered muck in excavating for his footings. No borinqs were taken prior to bid. The cost represents removing and disposing the muck and provided oft-site till material spread and compacted to replace the void left by the muck remova.l. This ðemuckinq was required to achieve the bearing capacity designed for this struoture. /hw cc: Joe Weldon, Direotor of Parks and Recreation Victor Majtenyi, construction Management Tech. Files Project No. 91-49A Memos to city Manaqêr MEM49C01.DOC (HW) '" ~ 0' . . £IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ::00 :--;\\' lSI AVEl'lT . DELRAY BEACH, FLORIDA 33444 FACSI\1JLE 4I1ì':>;4""5 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: July 13, 1993 TO: City Commission FROM: Susan A. Ruby/ City Attorney SUBJECT: Joanne and Thomas Gillespie vs. the City of Delray Beach Our office attended a mediation hearing on the above-styled case on July 12, 1993. As a result of the mediation, our office recommends settlement in this case in the amount of $79,000.00. This settlement recommendation would be in full settlement of all claims including all injuries. The settlement would include all costs and attorneys fees. The settlement is contingent upon your approval and the execution of appropriate releases acceptable to our office. -- This case involves a motor vehicle accident which occurred on March 27, 1991 wherein a City vehicle, driven by a City employee, collided with a car which collided with Plaintiffs' car. The Plaintiff has a herniated disk at C-2 and C-3, carpal tunnel syndrome in the left wrist and temporal mandipular joint injury. The City sent the Plaintiff for an Independent Medical Evaluation which confirmed the injuries. It is our office's opinion, concurred with by the Risk Management Department and the City's Adjusters, Gallagher Bassett, that the City should confirm the settlement under the terms and conditions outlined above. Please do not hesitate to contact me if you have any questions. Due to the mediation hearing scheduled on Monday, we were unable to provide you this information on Friday as is our normal custom. SAR:ci ~ cc: David M. Harden, City Manager ~ 6'-0 '. /'JI( (,/ &,^,i1 [IT' DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 2i!li t<w ['d AVENUE' DELRAY BEACH, FLORIDA 33444 L\CSI\fll.E 4liìi27S-47SS Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: July 9, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Joanne Gillespie vs. the City of Delray Beach Proposed Offer of Settlement Mediation in the above-referenced case is scheduled for Monday, July 12, 1993 at 11:30 a.m. In light of this, I am not able to give you a specific settlement amount until after Mediation. At that time, I will provide you with more information and an exact settlement proposal. By copy of this memorandum to David Harden, City Manager, our uests that this matter be placed on the City agenda for July 13, 1993. SAR:ci cc David Harden, City Manager Alison MacGregor Harty, City Clerk Lee Graham, Risk Manager q.q. 'T ".,." · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # 9 R.. - MEETING OF JULY 13, 1993 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: JULY 7, 1993 At the June 22, 1993, regular meeting, the Commission considered two appointments to the Downtown Development Authority to fill the expiring terms of Anne Bright and Michael Listick. On motion by Mr. Ellingsworth, Mr. Listick was appointed to serve a second term through July 1, 1996. Mr. Randolph initially moved to appoint Mr. Thaddeus Cohen, but upon discussion motioned to defer his appointment to the July 13th meeting to allow additional time for other members of the Commission to meet with Mr. Cohen prior to a vote on his appointment. To qualify for appointment to the DDA, a prospective member or member already appointed must reside in or have his principal place of business in the City and shall not be serving as a City officer or employee. Further, 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. Two of the current members, Mr. Listick and Ms. Noe, own both a business and real estate in the downtown area. The following individuals have submitted their applications for consideration: Anne Bright (business owner/real estate owner in DDA) Norma Bannoura Robert Brewer (business owner/lessee in DDA) David I. Cohen Thaddeus Cohen (business owner/lessee in DDA) Thomas J. Duggan (unable to verify continued interest) Bruce Gimmy (business owner/lessee in DDA) Harriet Lerman Rosalind Murray Carol M. Stanley (business owner/real estate owner) (unable to verify continued interest) Horace Waldman Pursuant to Commission direction, a check for code violations and municipal liens was conducted. Ms. Bright has approximately twelve (12) violations and Ms. Bannoura has approximately twenty (20) violations (copies are attached to their applications). The appointment is to be made by Commissioner Randolph (Seat #4) . Recommend appointment of a member to the Downtown Development Authority to a term ending July 1, 1996. /f~__$?/93 ref:agmemol " · , . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE~1 SUBJECT: AGENDA ITEM # ~~ - MEETING OF JULY 13, 1993 APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY DATE: JULY 7, 1993 The terms of Leonard Mitchell, Clay Wideman, Kathi Sumrall and Wanda Gadson on the Community Redevelopment Agency expired on July 9, 1993. All are eligible for and have expressed an interest in being considered for appointment to an additional four (4) year term ending July 9, 1997. Their applications are attached, as is a request from Kevin Egan, CRA Chairman, for reappointment. Per Statute, a person may be appointed as a CRA Commissioner if he/she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer of director of a corporation or other business entity so engaged) within the area of the agency, which shall be coterminous with the area of operation of the City, and is otherwise eligible for such appointment. An appointee may not hold any other public office other than his/her commissionership on the Community Redevelopment Agency. The following individuals have also submitted applications for review and were contacted to verify their continued interest: Norma Bannoura David I. Cohen Thomas J. Duggan (unable to verify continued interest) Randee Golder (currently serving on Housing Authority) L. Thomas LaSalle (currently serving on SPRAB) Harriet Lerman P. Michael Manning Rosalind Murray J. Michael Pakradooni Michael Park (currently serving on Board of Adjustment) JoAnn Peart Thomas Purdo Richard Raab (currently serving on Code Enforcement) John M. Vaughan Deborah Wright (currently serving on Education Board) Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. Mr. Wideman and Mr. Purdo each have one (1) violation for non-conforming landscaping, and Ms. Bannoura has approximately twenty (20) violations. Copies are attached to their applications. Based on the rotation system, the appointments will be made by Mayor Lynch (Seat #5), Commissioner Smith (Seat # 1) , Commissioner Alperin (Seat #2), and Commissioner Ellingsworth (Seat #3). Recommend appointment of four members to the Community Redevelopment Agency to terms ending July 9, 1997. ref:agmem02 '. -6/~93 CD Community 6/9/93 c: City Clerk Rb.....rX.t.U ;L3~ Redevelopment RAB:mld JUN o \99J -a Agency CITY COMMISSION Delray Beach June 7, 1993 City Commissioners -/ Mayor Lynch Mr. Ken Ellingsworth Ms. Barbara Smith Dr. Jay Alperin Mr. David Randolph RE: CRA Board Member Reappointment of Mitchell, Sumrall, Wideman, and Gadson Dear City Commissioners: Four CRA Board Member terms will expire this July. Each of the CRA Commissioners whose terms are expiring are eligible for reappointment. The current CRA Board of Commissioners has established a proven track record of working well together. These individuals have given the CRA and the community four years of hard work and dedication. Many of the projects we have so diligently been working on over the past four years will soon come to fruition. In order to continue our progress, I would like to request that each Commissioner be reappointed. I have asked the CRA Board Members to contact the City Commission to express their intentions. If you have any questions, please feel free to call me. Thank you in advance for your consideration. Sincerely yours, -C? -7 /( Kevin Egan r~ KE:jj 207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 ., 6/4/93 c: Commission City Manager J«c ~J c~ 5 [P~ RE~K:lvED ~ 98 N.E. 5th Avenue JUN 4 1993 June 3, 1993 Delray Beach. Florida 33483 CITY COMMISSION (407) 278-0426 . Fax (407) 278-0496 Thomas E. Lynch, Mayor CITY OF DELRAY BEACH 100 N. W. lst Avenue Delray Beach, Florida 33444 Dear Tom: ( As you know, my term on the Community Redevelopment Agency expires in July. It has been a long, arduous four years. As a previous board member, you are aware of the frustrations, the highs and lows, of being a part of this agency. But there is also great satisfaction in seeing all your hard work come into fruition! Of all the boards and committees I have served on in this city, I wi 11 say that the CRA board has been the mo~t gratifying. Although we have been through three executive'directors in four years, I feel we have accomplished a great deal. I believe the CRA has been somewhat responsible for all the great benefits Delray Beach is now receiving. Being a Realtor, I see every day that there is renewed interest in moving here not only from the northern climate but from as close as Boca Raton. Delray is a city on the move. A city which is not afraid to "take a chance". A city with great foresight and leadership. It is interesting to sit back and reflect on how it all finally came together.. .how all the pieces began to fit so neatly! We have so much to be proud of and to be thankful for. The current CRA board is one of the most cohesive, cooperative and fine tuned boards I have ever served on. We have just approved the issuance of $5.1 million bonds. We are on the threshold of some major projects. There are four seats available.. ..a majority of the board. It is my understanding that all the other current members with expiring terms would like to be reappointed. I would like to be reappointed as well. I would like for you to please consider reappointing not only me, but Clay, Wanda and Leonard, as well, in order to maintain the cohesiveness and continuity that this progressive board has achieved. If you have any questions, I would be more than happy to talk with you. Please give me a call anytime at my office, 278-0426, or my home, 265-3492. Thanks, Tom, for your time and consideration. I know that whatever you do will be in the best interest of Delray Beach. _ ~y yours, G) [IH i ~_8.!h~ Sumra 11 ~ MI.S ! _____________--1.. ¡ );....! ~<,,~.;II-.. . ;'01~!,) "4. . '. . CITY OF DELRAY BEACH - IU1ABD ME..BIR AP PLI~A.liºlI. , KATHI D. SUMRALL _._- - "AU'" 2717 B Lowson Blvd.; Delray Beach, FL 33445 ---------- --------- ------- 1I0ttE STREET ADDRESS, ..CITY, ZIP (LEGAL RESIDE"CE) 98 N. E. 5th Avellue : .. . Del~ay Beach. FL 33444 --- PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP 265-3492 272-6700 ----------.... IIOHE PIIONE « BUSINESS PIIOIIE ON WHAT BOARDS ARE YOU INTERESTED IN SERVINO Community Redevelopment A3~,1l:Y LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSI.I SERVED (Pleaae include dates) Planning & Zoning 1983-1988 Beach Advisory.Committee 1987-present EDUCATIONAL QUALIFICATIONS See Attached LIST ANI RELATED PROFESSIONAL CERTIFICATIONS AflD LICENSES WIIICH YOU fIOLD. See Attached GIVES 10UA" PR~SEdNT, OR HOST RECENT EMPLOYER, AND POSITIO" ee ttac e . DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE W III C H QUALIFY YOU TO SERVE Oil TillS BOARD. Born in Delray 1945 and lived here continuously.. .'¡ery sensitive to the community. Been in real estate since 1972. See accactle<1 resume. PLEASE ATTACII A BRIEF RESU"E. . I HEREBY CERTIFI TIIAT ALL TilE ABOVE S TAT E It E lIT S ARE TRUE, AND I AOREE AtlD U 1.0 ER S T A flD TffAT ANI HISSTATEHENT OF MATERIAL FACTS CONTAINED IN TillS AP- PLICATIOt. HAl CAUSE FORFEITURE- UPON MI PART OF ANI APPOINTtlEtlT I HAY RECEIVE. ~~~D. k~ Mav 30. lia.i. SIOIU TURB DATE ~ , I '. KATHl SUMRALL REALTY. INC. , 811 Ea/ A/ltIII/it A"*,,w. O,/tO}' Sloth. F/orido JJ4IIJ .407-Z71·ð7(J() RESUME' KATHI D. SUMRALL EMPLOYMENT: 1972-1977 Ena G. McFee, REALTOR Delray Beach, Florida Position: Realtor/Associate 1977-1985 Bonnell Realty, Inc. Delray Beach, Florida Pos it ion: Realtor/Associate 1985-1988 Ena G. McFee. REALTOR r'\ r. .~... ~j .. V i: L; Delray Beach, Florida' Position: 'Realtor/Associate JUN 1 'B89 1988- Kathi Sumrall Realty. Inc. Delray Beach, Florida CIT'1 MAii'\Û¿i(:, ~':~F!C~ *: Positon: REALTOR CIVIC: 19'3-present Various Committee~ of the Delray Beach Chamber of Commerce. 1978-1980 Chairman of Political Affair Committee for Delray Beach Board of Realtors 1983-1988 Member of Delray Beach Planning and Zoning Board 1985-1987 Chairman of the Oelray Beach Planning and Zoning Board 1987 Member of Delray Beach City Manager Task Force 1987-present Member of Beach Advisory Committee City of Delray Beach 1987-1988 Member of Board of Directors of Old School Square Foundation, Delray Beach, Florida 1987-1988 Member of Board of Directors of the ~ Delray Beach Board of Realtors (Realtor/Associate position) 1989-present Member and President Elect of Board of Directors of Delray Beach Board of - Realtors (Realtor position) 1989-pre.sent Member of Board of Directors of the Florida Association of Realtors CAREER RELATED EDUCATION AND COURSES: 1972 Florida Real Estate Com.ission Course I (Salesman's course) Florida Atlantic University 1975 Florida Real Estate C~ission Course II (Broker's Course) Florida Atlantic University 1986 National Association Master Appraisers Priciples of Appraisal course 1986 National Association Master Appraisers Practice of Appraisal course 1987 Marshall & Swift Residential Cost Replacement Handbook Course 1988 Certified Real Estate Appraisers course 1988 National Association Master Appraisers Effective Court Testimony course 1972-present Various educational courses and seminars too numerous to list sponsored by and/or required by the Delray ae4ch ßoard of Realtors or the Florida ~~,0ri~tion of Realtors '. , PROFESSIONAL AFFILIATIONS: 1972-present Member of the National Asso~iation of Realtors 1972-present Member of the Florida Association of Realtors 1972-present Member of the Delray Beach Board of Realtors 1972-present Member of the Delray Beach Multiple Listing Service 1986-present Member of National Association of Master Appraisers 1987-present Member of American Planners Association 1988-present Member of the Delray Beach Chamber of Conrnerce c AWARDS: 1979 Special Recognition Award for Community Service ¡, from the Delray Beach Board of Realtors 1983 Community Service Award from the News of Delray Beach 1987 Realtor/Associate of the year Award fro. the Delray Beach Board of Realtors '. CITY OF DEL RAY BEACH , BOARD MEMBER APPLICATION - --- ----- NAME i é-t' IV;;!; D 12, é- ¡t 1Ø..f' ¡) ¡J? / / Z? t'/ E¿ ¿ _ HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) I} ;; / p/ "/ ÍÎ ,,1 ,l)A/.;- /J é);f ~;I 6 ¿-/l ~ ~ f;i Æ. 3.;J yt./.j- ~~¿~7E .~~'l~~J~E~T ADDE} J.JITY tfÞLI A ;Ie ,6 bA1¿r~_ /7 /ì .!::L C¡ó-- <9 [) ¡.S- d </..3 - ßëJ CJ HOME PHONE BUSINBSS PHOIB ON WHAT BOARD.15 AREjO INTERBSTED IN SERV Na 2 tJN.Lh~ ð'/ ) - rí cmmu..n,.~ RE.tJf.4..'EJc~mfJ" ,£f)t!~ LIST ALL CITY BOARDS ON WHICH YOU A~!URRBNTLY SBRVIla OR HAVI PRIVIOtTSLY SERVBD (Please include dates) /~l? ' . --- -- -- EDUCATIONAL QUALIFICATIONS ______ ------- ------------- ---- ----- ------- -.-- ._------- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. .J26.1JLé e¿ÇL7í 7=1-~;;Tr~/11 _ ______-- ----- GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ______ PIJ/ 111 -Z5t;:ï1 ~/./ e /) tl.IUT'J" .&:J t:! 4· ß CJ71ßLJ ---- DESCRIBE EXPERIENCIS, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. ·tJLFIJ~ð~ ~t:=¡;<::J ~T-71'"¿;//é£) ~5,./ø~ --- ------- ---- PLEASE ATTACH A BRIlr RBSUMI. I HEREBY CERTIFY THAT ALL THI ABOVE STATEMENTS AR! TRUI, AND I AGREE AND UNDERSTAND THAT ANY MISSTATBMENT OF MATERIAL FACTS CONTAINID IN THIS AP- PLICATION MAY, CAUSE FORrBITURI UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE . ') ~J¿t~=t;f¡; _~_<'-~-Ø- Jll____ SIGNATURE ~- DAT~' ., · , PERSONAL: Leonard B. Mitchell 727 Place Tavant Delray Beach, Fl. 33445 Home Phone: (407) 495-20l5 Work Phone (407) 243-1500 ( EDUCATION: 1976: Bachelor of Science Degree in Political Science and Public Administration, Interpersonal Skills and Human Resource Managment, Florida A & M University,Tallahasse,Fl. WORK EXPERIENCE: 1983 to Present: Presently employed by the Palm Beach County School Board Department of Police. Assigned to Atlantic High School. Responsibilities include developing security plans for all school activities as well as the protection and safety of school personnel, property and students within the school district. Also responsible for enforcing all applicable Florida State Criminal Statutes,also with a physical plant in excess of 60 million dollars, a Professional staff of 110 people, and a student population of 1,700,and the implementation of a series of Drug Education programs to prepare students to cope with the peril. of drug use in our society. 1982: Employed by the Tallahassee Police Department as a sworn Police Officer. Received my police Certification from the Lively Law Enforcement Academy. 1980-82 Employed by Container Corporation of America as a Customer Service Representative. Primary responsibilities were cu.toaer communication inventory control which in- cluded warehouse management. 1977-80: Served as a Commissioned Officer in the United States Army. 1977~78: Assistant Chief of Personnel Manag...nt. United States Army Infantry School, Fort Benning,Georgia. Re- sponsibilities included the assigning of all incoming Officer personnel,managing the schools' travel budget, the development and implementation of a workable race relation program and interpersonal skills program. '. · CITY OF DElRAT BEACH BOARD MEMBER APPLICATION - NAME CLAYTON WTJ)RMAN 225 N.E. 21 STREET. BOCA RATON, ~r 'tqt~ HOME ADDRESS (Street, City. Zip Code) L AL RESIDENCE) THE WIDEMAN BUILDING BEACH. FL 33444 404 WEST ATLANTIC AVENUE. DELRAy PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) .. HOME PHONE (1..07) 1Ql-(.,f.b.L. BUSINESS PHONE ( 40 7) 276-4915 ON WHAT BOARDS ARE yOU INTERESTED IN SERVING ( COMUNITY REDELOPMENT AGENCY (CRA) LIST ALL CITY BOARDS ON WHICH YOU AI! CUlUlENTLY SERVING 01. HAVE PR.EVIOUSLY SERVED (Ple..e include date.) COMMUNITY REDELOPMENT AGENCY (CRA) EDUCATIONAL QUALIFICATIONS AA nF.GRF.F. (RR~trnF. ATTAcHRn) LIST ANY RELATED PI.OFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD COSMF.TOLOGYr RARRF.R Sr.TF.Nr.R, AnVANr.F.n COSMF.TOLOGY GIVE YOUR PRESENT, OR MOST R.ECEHT EMPLOYER. AND POSITION OWNER/MANAGER HIS & HERS HAIR CREATIONS DESCRIBE EXPERIENCES. SULLS 01. ØOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD I HAVE OVER 25-YEARS OF BUSINESS EXPERIENCE. I HAVE SERVED ON SEVERAL MAJOR COMMITTEES IN DELRAY. IN ADDITION. I .~VE GAINED A GOOD DEAL OF~~IENCE AS A CURRENT BOARD .HEMß.F.R I HàVF. VISION ~ S$NSITIVITY. PLEASE AITACB A BI.II~ USUMI. I HERElY CERTIFY THAT ALL THI ABOVI STATEMENTS ARE nUl, AND I AGUE AND UNDERSTAND THAT ANY KlSSTATDŒ1IT or MATERIAL FACTS CONTAIN!!) IN THIS UPLICA- TION MAY CAUSE POI.lEITURI UPON MY PART OF ANY APPOINTMENT I MAY RlCEIVE. ~ttþ Id,"~ ~. 2'.11 SIGNATUU OAT! 4/90 '. · RESUME PERSONAL Name: Clayton Wideman Address: 225 N. E. 21 street Boca Raton, Florida 33431 Home Phone: (407) 391-6644 Business: (407) 276-4915 276-5066 t citizenship: USA Marital status: Married to Hyacinth G. (Maginley) Wideman One son, Bryan Marcus Wideman EDUCATION 1960 Magnolia High School, Thomasville, Georgia 1962 Barber Science and Hair Designing Diploma Miami Barber and Beauty College Miami, Florida 1965 cosmetology Training Center Diploma Carver High School Delray Beach, Florida 1973 Palm Beach Junior College A.A. Degree Lake Worth, Florida 1981 Make-up Artistry Diploma Hollywood College of Beauty Culture Hollywood, Florida 1989 Advanced Education, Dudley Cosmetology Diploma University, North Carolina Elected President of Graduating Class Several certificates received for advanced workshop training in hair technology. Winner of several state trophies for hair designs and salon techniques. " PROFESSIONAL/ORGANIZATIONAL COMMUNITY ACTIVITIES 1968-1970 Member of the Christian Movement for civic Action, Delray Beach, Florida 1968-1973 Treasurer/Board Member, Delray Beach community Child Care Center t 1973-1980 Member of the Delray Be~ch Christmas Lighting Committee 1974-1980 Chairperson, South County Migrant Health program 1978-Date Member of the Greater Delray Beach Chamber of Commerce 1978-1979 Member of the cosmetology Board, South County Technical Training Center, Boynton Beach, Florida 1979-1980 Member of the Delray Beach, Beautification Committee Feb. - May Served on the City of Delray Beach Fact 1980 Finding Blue Ribbion Committee for the Delray Beach Police Department 1981-1986 Member of the Urban League, Boca Raton Chapter 1981 - Date Member of the Orange Blossom Cosmetology Association 1990 - Date President Cosmetology Unit 15, Delray-Boynton Beach 1982-1986 Member of the Urban League Board, Palm Beach County 1984-1985 Appointed by the Mayor of the City of Delray Beach on a Task Force for the revitalization of Atlantic Avenue 1987 - Date Appointed as an Officer to the Board of the cosmetology Association at the state level. 1987 Phi Beta Sigma Fraternity, Inc. '. i¡ 1991 - 1992 President, Phi Beta Sigma Fraternity, Inc. 1988 - Date Member of the Police Community Advisory Board, Delray Beach, Florida 1988 - 1990 Member of the Partnership Housing Advisory Committee 1988 - Date Member of the Peach Umbrella Plaza Association 1988 - 1990 Member of the Noon Kiwanus Club ( Jan. 1989 Advisory to the Adult Education program, Carver Middle School, Delray Beach, Florida 1989 - Date Member of the Community Redevelopment Agency, Delray Beach, Florida 1991 - 1992 Member of the Delray Merchants' Association 1992 - Date President of the Delray Merchants' Association 1992 - Date Member of the Board of Old School Square AWARDS 1978 Phi Beta Sigma Fraternity, Inc. citizen of the Year Award 1978 Winner of Miss Clairol Hair Color contest 1983 Zeta Phi Beta, Palm Beach County Chapter Continuing Community Service Award 1984 NAACP Outstanding Businessman of the Year Award 1988 Palm Beach County Black Annual Awards Outstanding Businessman of the Year 1989 Delray Beach Masonic Lodge 275 Annual Award for Outstanding Service to the Community 1991 Omega Psi Phi Fraternity, Inc. Citizen of the Year Award 1992 Phi Beta Sigma Fraternity, Inc. Sigma Man of the Year Award " L-... ~ ~ ::- ~: ~ . ItI. ~ ~ ~ ~ ~ ::;: 'r t:: .... _ 0 ~ ~,~ ~ I ~ ~ ~'~ ~ ~ -; .;'::: ~ c; ;:. ~ ...., _ Q -o----;;~~~..-- "\ ---, , ~ ~~~ n <oJ 0 "< '1 .. 1'1 " "CI ~"o 0 N 1'1 r+ "III" "CI 0 M ~ III~ ~ I .... ; r.D ID 0 "1 .., H <+, Nn ...." <+rt" 0 . ø I<+,,<~ ~ I O~ n~ 0" rt'onø ~ 0 ~o~ ~ 0= ~~~ , N IDIT tn. <+" II LA'" II .,. n ID <"0_ ~ ~ ~..,~- ì ::I II f1J I ,n ~ ~ ~ I III ~~ ~~ .... r-o '< ~ iii i "CI IIII'IIT II r+~1II II <+ '1 , : ...·111 n ~ cø .... '1 f-, rt' ' .. r+ .. r:: .. " n t:t .. .. III r+ .. .. . cø I ~ ... ....~ II en II = n , .. ~ ....' i " .... ...' ; r+ 0 I 0" i :II: en I a'" '..0 r " N I' :: ... Þ: . 0"; II , II 0 OJ , I ~¡ , 0 I I ' I i I I ~...:, ... ~ - .., , ~N ~ enlD ,... .. , ",ID ~ ~<oJ ~ \ . I i I I '. CITY OF DELRAY BEACH _ BOARD MEMBER APPLICATION , Wanda Gadson - NAME 30~ SW 9th Street -DelrrlY P.P;:¡rh. Fl 13.~ HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP - 265-3318 Ur b'1 '"' \ ~ n r:. () f 407 276 5741 t 4(, .~~ I "1110 J -----HOHË-PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING rlm...i..<:ì ~ng & Com'muni ty Redev~:::/ ~ q,O Ct"\ð\ U;~l\.Q.oXL.ð- LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please inolude dates) nnn,::. - - EDUCATIONAL QUALIFICATIONS N/~ ___ -- ----- - ----- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHtCH YOU HOLD. ________-DnnP -- ------ - GIVE YOUR PRESENT, OR HOST RECENT EHPLOYER, AND POSITION F1.:I'Jl~r .Fed9r¡) 1 ~Y!P..5lLar~..JDan Asscx::iation _ Training Inst:mct-nr' DESCRIBE EXPERIENCES 1 SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. I am and nave always ~ a residel1t.-Qf.. Delray ~rh T F~l tNilt àft~I" attending numerous City CamU.s~ion and Planning and. Zenina Rn.o.rð ~t-;tvJo;. in th~ pèêt _~X months that I have a vested int~\:Et.¢ tIkt.b.ft d~tion of..Dl11: ci t¥--L alii iÜ&(> .. mëiriEër of the newly organized West Atlan~ Property ~sociation. 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 MA Y RECEIVE. ~ CR.-II dtJ/JUÚ- j)~ ____ _!l- 5- .ff______ SIGNATURE DATE ., , . RESUME WANDA GADSON 305 SW 9TH STREET DELRAY BEACH, FLORIDA 33444 EDUCATION: 1982 Graduate of Florida S~ate University B.S. Degree - Finance WORK EXPERIENCE: Currently employed at Flagler Federal Savings and Loan as a Training Instructor. I have been employed there since 1984 and am in- volved in all aspects of training at Flagler specifically, responsible for the training of all branch personnel. Responsibilities include design and coordination of all branch training programs and classes. PERSONAL: I was born July 8, 1959 in Macon, GA. I did all of my educational studies in Florida. I have lived in Delray Beach since I was very young. I am a member of Delta Sigma Theta Sorority which is committed to public service. ~ ~ · - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER üU'l SUBJECT: AGENDA ITEM # 9/ - MEETING OF JULY 13, 1993 MEMBERSHIP ON CITY BOARDS/REQUEST FOR DIRECTION DATE: JULY 8, 1993 Attached is a memorandum from the City Attorney's Office in response to a question raised regarding whether or not Reverend Lenard Johnson could serve on two City boards simultaneously. Reverend Johnson was appointed to the Delray Beach Housing Authority on June 22, 1993. He is also a member of the Kids and Cops Committee. It appears that the applicable ordinances allow for Reverend Johnson to be a member of only one committee. However, the possibility of having him sit as a special advisor to Kids and Cops while retaining his appointment to the Housing Authority is suggested. Commission direction is requested. /;J ref:agmemo23 0' - t-Yr:+rdef\ '. . ~QV1 d RECEIVED ,~~~~- --+ JUl8 1993 tiT' DF DELHA' BEA[H CITY MANM~~o'~ nFFICE CITY ATTORNEY'S OFFICE ~:jU :,\,' ",¡ ,\' L:..ll: . DLLRAY BEACH, FLORIDA 33':';'; FACSI~!!LE 407'278-4755 Wr~~_r·. D~r_o~ L~n_ (407) 243-7090 MEMORANDUM Date: July 7, 1993 To: Anita Barba, Board Secretary _ David Tolces, Assistant City Attorne~ From: Subject: Reverend Leonard Johnson/Membership on Two City Boards At its regular meeting of June 22, 1993, the City Commission appointed Reverend Leonard Johnson to a four-year term on the Delray Beach Housing Authority. Reverend Johnson is also a member of the City of Delray Beach's Kids and Cops Committee. A question has been raised regarding whether or not Reverend Johnson could serve on two City Boards simultaneously. Delray ~ch Code Section 32.08(E) provides as follows: No member shall be authorized to serve on two or more advisory boards or committees concurrently. However, a member may serve on a task force or ad-hoc committee upon approval by the City Commission in addition to holding an advisory board or committee membership. In this instance, it appears that Reverend Johnson is sitting dn two committees, the first being the Kids and Cops Committee and the second being the Housing Authority. In researching this issue, I have found that an individual may serve on more than one committee if the presence on the second committee is part of his or her responsibilities as a member on the first committee. In other words, if Reverend Johnson is a member on the Kids and Cops Committee as part of his duties as a member of the Housing Authority, then there is no violation of the ordinance. I do not believe, however, that the Housing Authority's by-laws provide for membership on the Kids and Cops Committee, or that the Kids and Cops Committee has a position for a Housing Authority member. Thus, at this time, Reverend Johnson's appointment does not comply with the City's Code. His " . - Susan Ruby, City Attorney July 7, 1993 Page 2 appointment may also violate Article II, Section 5 of the Florida Constitution which prohibits dual office holding. It appears to me that the ordinances only will allow for Reverend Johnson to be a member of one committee. He was a member of the Kids and Cops Committee prior to being appointed to the Housing Authority. I know that the Commission would like him to be on both committees, so it may be possible that he sit as a special advisor to the Kids and Cops Committee. This would allow for Reverend Johnson to also be an appointed member of the Housing Authority. If you have any questions regarding this matter, please do not hesitate to ask. DNT:sh cc: David Harden, City Manager rtIVlen.dDt --- . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS '}L- ) FROM: CITY MANAGER~ ¡Ä'i '" SUBJECT: AGENDA ITEM # CJ{j - MEETING OF JULY 13, 1993 NOMINATION OF A REPRESENTATIVE TO SERVE ON UNIVERSITY PARKWAY TASK FORCE DATE: JULY 8, 1993 We have received a request from Palm Beach County for nomination of a representative from the City of Delray Beach to serve on the University Parkway Task Force. This task force has been established at the direction of the Board of County Commissioners to address the ultimate fate of the University Parkway corridor and whether or not it should be deleted from Palm Beach County's Thoroughfare Right-of-Way Identification Map. As outlined in the accompanying letter from the County, representation is being requested from a wide range of interests. The University Parkway Task Force will meet approximately five to eight times between August and December, 1993, with the meetings scheduled to be held in the South County area. An organizational meeting has been tentatively scheduled for August, 1993, to develop issues for discussion at the South County Forum (tentatively set for October 1993). Subsequent to the South County Forum but prior to mid-December 1993, the task force will develop and transmit their recommendation to the County Commission. Recommend nomination of an individual to represent the interests of the City of Delray Beach on the University Parkway Task Force. m ¡cJJOC/ W EifJ6e- 6-0 ref:agmemo8 . · / ' )! /3 :('P~~ ltoard ot County Commissioners County Administrator Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman K,.~øn T. Marcus A.Roberts \^¡ arren H. Newell Burt Aaronson Maude Ford Lee July 6, 1993 :'1ECEIV'Eu Mr. David Harden JUl7 1993 City Manager CiTY M4NAr,¡::Q,S O~FICE City of Delray Beach lOa N.W. First Avenue Delray Beach, Florida 33444 Re: Nomination of a representative to serve on Uni.vÐrs~ty Parkway Task Force Dear Mr. Harden: The Palm Beach County Board of County Commissioners (BCC) has directed the establishment of a task force to address the ultimate fate of the University Parkway corridor and whether or not it should be deleted from Palm Beach County's Thoroughfare Right-of- Way Identification Map (TIM). The TIM is the roadway network required to meet traffic demands at buildout of Palm Beach County and the map is designed to protect identified transportation corridors from encroachment by other land use activities. The University parkway Task F~rce will include representatives from: Broward County; the City of Boca Raton; the City of Delray Beach; the Coalition of Boynton West Residential Associations, Inc. ; the West Boca Community Association; Palm Beach County's Planning Division, Engineering Department, and Environmental Resources Management Department; the Florida Department of Transportation; the Arthur R. Marshall Loxahatchee National Wildlife Refuge; the Rangeline Property Rights Coalition; the Citizens Against powerline Expansion; a West Delray representative; the Ÿot:er' s Coalition; and the Treasure Coast Regional Planning Council, which has been requested to facilitate the task force meetings. The Univ.rltjþ:'~~T..Jt Force will meet approximately five to eight time. betweftAûguat and December, 1993. The meetings are scheduled to be held in the South County area, and will last between two anà three hours each. The organizational University Parkway Task Force meeting has been tentatively scheduled for August, 1993, in order to surf3.ce issues for discussion at the South County Forum (tentatively scheduled for October 1993) and the University Parkway Task Force members will be asked to participate. "An Equal Opportunity - Affirmative Action Employer" @ p'inted on recyc/ød papa' Box 1989 West Palm Beach, Florida 33402-1989 FAX: (407) 355-3982 ., Mr. David Harden July 6, 1993 Page 2 Subsequent to the South County Forum but prior to mid-December 1993, the Task Force will develop and transmit their recommendation to the BCC. It is respectfully requested that you forward to my office within the next two weeks the name of an individual who you believe would adequately represent the interests of the City of Delray Beach. On behalf of the BCC, I thank you for your assistance and look forward to your City's participation in the Task Force. Please feel free to call me at (407) 355-4019 if you have any questions or comments concerning this matter. Sincerely, Bev~~. Deputy County Administrator BAB:adg œ: The Honorable Mary McCarty, Chair Members of the Board of County Commi-ïoners Kristin K. Garrison, PZ&B Executive Director Dennis R. Foltz, AICP, PlAnning Director @ p,inlBd on recyc/Bd paper ., '. [ITY DF DELAAY BEA[H 100 \¡ W 1st AVENuE . DELRAY BEACH, FLORIDA 33444 . 407 243- 7000 July 15, 1993 Bevin A. Beaudet, P.E. Deputy County Administrator Palm Beach County P.O. Box 1989 West Palm Beach, FL 33402-1989 Re: University Parkway Task Force Dear Mr. Beaudet: In response to your request of July 6, 1993, please be advised that Mr. Michael Weiner has been nominated to represent the interests of the City of Delray Beach on the University Parkway Task Force. This action was taken by unanimous vote of the Delray Beach City Commission in regular session on July 13, 1993. Mr. Weiner can be contacted at the following address: 102 North Swinton Avenue Delray Beach, FL 33444 407/265-2666 Please do not hesitate to contact me if you have any questions. Sincerely, ~~~/ia:! - City Clerk AMH/m THE EFFORT A LV'JA YS MATTERS 'I · CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JULY 13. 1993 - 6:00 P.M. PUBLIC HEARI~GS - 7:00 P.M. COMMISSION CHAMBERS ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: V. RESOLUTION NO. 72-93: A resolution objecting to the proposal of Palm Beach County that the Wetlands Protection Section of the Unified Land Development Code be adopted under the auspices of the Environmental Control Act, thus being countywide, even within the incorporated areas of Palm Beach County/ in derogation of the recently approved agreement between the Board of County Commissioners and the Palm Beach County Municipal League relative to countywide o~dinance procedures. p~ $-0 '. · - ~ I I RESOLUTION NO. 72-93 I j A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF I DELRAY BEACH, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM I BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE I UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT I THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECENTLY I APPROVED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE RELATIVE TO COUNTYWIDE ORDINANCE PROCEDURES; PROVIDING I AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. i WHEREAS, it has come to the attention of the City Commission of the City of Delray Beach, Florida, that the Palm Beach County Board of County Commissioners proposes to amend the Wetlands Protection Section of the Unified Land Development Code; and, WHEREAS I this particular ordinance was originally adopted several years ago under the auspices of the Environmental Control Act, a special act in Palm Beach County adopted in 1977; and, WHEREAS I when this particular ordinance was adopted to apply countywide I it was with the provision that if "delegation" was not achieved from the Department of Environmental Regulation to the County Department of Environmental Resources Management I that portions of the ordinance would sunset; and I WHEREAS I the sunset provision of this wetlands ordinance was extended by the Board of County Commissioners until March 151 1993; however I delegation has not been achieved; and I WHEREAS I in the meantime I the Board of County Commissioners reached an agreement with the Palm Beach County Municipal League that all ordinances proposed to have impact countywide would be presented to the Board of Directors of the Municipal League and then to the general membership prior to first reading for input on whether the ordinance should be countywide I and that even if the County determined that the ordinance should be applied coutywidel regardless of input received from the municipalities I the County would still retain the legal right to adopt the ordinance countywide, and the municipalities would still retain their legal ability to "opt out" of the ordinance; and I WHEREAS I this countywide ordinance procedure policy was enunciated by Robert Weismanl County Administrator I to all department heads in Palm Beach County on February 21 1993, and was reiterated by '. ·,----.--.-.,.-----.. --- ___.u.____ the Board of County Commissioners as applied to these amendments to the Wetlands Protection Section of the Unified Land Development Code on March 2, 1993; and, WHEREAS, the Department of Environmental Resource Management had proposed to amend the Wetlands Protection Section of the Unified Land Development Code and to submit same to the Board of County Commissioners for first reading on June 15 ¡ 1993, to be applicable countywide with no opportunity for municipalities to "opt out"; and, WHEREAS¡ this date has now been postponed due to the efforts of the Municipal League; and, WHEREAS¡ the City Commission of the City' of Delray Beach, Florida, desires to make its position known to the Board of County Commissioners in that it opposes any attempt by the Board of County Commissioners to renege on the policy adopted on February 2 ¡ 1993¡ as set forth herein, whereby the municipalities preserved the right to "opt out" of all ordinances ado-pted countywide unless they are adopted by referendum¡ in accordance with the Palm Beach County Charter. NOW¡ THEREFORE¡ BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH¡ FLORIDA¡ AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach, Florida¡ strongly objects to the Wetlands Protection Section of the Unified Land Development Code being amended in any manner which precludes municipalities from being able to "opt out" of the entire wetlands protection ordinance. Section 2. The City Commission of the City of Delray Beach¡ Florida¡ hereby directs the City Clerk to submit copies of this Resolution to the Board of County Commissioners and to all other municipalities within Palm Beach County requesting that each municipality adopt a similar resolution and forward the same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between the County and the Municipal League and to prevent further abrogation of municipal autonomy in regulatory matters. Section 3. This Resolution shall take effect immediately upon adoption. . -2- Res. No. 72-93 -. 0<-,' --". I I I i PASSED AND ADOPTED in regular ses~ion on this 13th day of July, I I 1993. ~ M 0 R . ATTEST: o h.~ 'llþ.)Ú ~ /.In tiy , City erk I -3- Res. No. ' 72-93 " . . , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER !í~~ -I SUBJECT: AGENDA ITEM # 10 11 - MEETING OF JULY 13, 1993 ORDINANCE NO. 43-93/NEWSRACKS DATE: JULY 8, 1993 This is second reading of an ordinance which amends the city's code with regard to newsracks, benches and other unattached fixtures (defined as movable fixtures) within the right-of-way. provisions of the ordinance include: * a requirement that all movable fixtures be located no closer than 15 feet to a fire hydrant; * provides for clear zones to extend 4 feet (2-1/2 feet under certain conditions) from a six inch high vertically faced curb and prohibits movable fixtures from being placed closer than 10 feet from the edge of pavement, or as far away as possible; * provides for a 40 ft. by 40 ft. sight triangle at all intersections where movable fixtures over 36 inches in height are not permitted; * prohibits the placement of movable fixtures adjacent to single family residences. The ordinance also removes the color requirement and restrictions which were placed on advertising. At first reading on June 22, 1993, Ordinance No. 43-93 was passed with a 5 to 0 vote. Recommend approval of- Ordinance No. 43-93 on second and final reading. fCWlwiL 5-0 ref:agmem07 " · ------ _.._----~ --_._~ ------- ---- --~ ------ ---~.- -----. - -~ ORDINANCE NO. 43-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 6.3.3, "NEWS RACKS , BENCHES, AND OTHER UNATTACHED FIXTURES IN THE RIGHT-OF-WAY", OF THE LAND' DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE APPLICA- TION OF THIS SECTION TO ALL MOVABLE FIXTVRES WITHIN THE RIGHT-OF-WAY; TO PROVIDE FOR A DEFINITION OF "MOVABLE FIXTURE"; TO PROVIDE FOR THE DELETION OF SOD AS A PROHIBITED LOCATION FOR MOVABLE FIXTURES; TO PROVIDE FOR THE PLACEMENT OF MOVABLÈ, FIXTURES NO CLOSER THAN 15 FEET TO A FIRE HYDRANT ¡ . TO PROVIDE FOR CLEAR ZONES TO EXTEND FOUR FEET FRÖM A SIX INCH HIGH VERTICALLY FACED CURB AND TO PROHIBIT MOVABLE FIXTURES FROM BEING PLACED CLOSER THAN TEN FEET FROM THE EDGE OF PAVEMENT, OR AS FAR AWAY AS POSSIBLE; AMENDING SECTION 6.3.3(B)(6) "SIGHT AREAS" TO PROVIDE FOR A 40 FOOT BY 40 FOOT SIGHT TRIANGLE EXTENDING ALONG THE ROAD SIDE EDGE AS ILLUSTRATED IN FIGURE 1 ¡ AMENDING SECTION 6 . 3 . 3 ( B) ( 7'> TO PROVIDE FOR LOCATION MAPS AT CITY FACILITIES DESIGNATING LOCATIONS WHERE MOVABLE FIXTURES MAY BE PLACED¡ AMENDING SECTION 6.'3.3(B) (B) TO PROHIBIT THE PLACE- MENT OF MOVABLE FIXTURES ADJACENT TO SINGLE FAMILY RESIDENCES; REPEALING SECTION 6.3.3(C)(1)h REPEALING SECTION 6.3.3 (0); REPEALING SECTION 6.3.3(C)(2)(e)¡ REPEALING SECTION 6.3.3 (H) ¡ PROVIDING A REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has invested millions of dollars in installing and maintaining streetscaping and landscaping along the public rights-of-way within Delray Beach; and, WHEREAS, the City of Delray Beach is in the process of imple- menting its Decade of Excellence Bond program which will provide addi- tional funding of drainage, paving, and beautification of rights-of-way within Delray Beach; and, WHEREAS, the City Commission of the Ci ty of Delray Beach is desirous of providing safe traffic areas for pedestrians, bicyclists, and motor vehicles; and, WHEREAS, the City Commission of the City of Delray Beach wishes to improve the aesthetics of rights-of-way within its residential and commercial zoned areas; and, WHEREAS, the residential rights-of-way within the City of Delray Beach have not been designed to withstand constant traffic on the nonpaved section of the right-of-way; and, WHEREAS, the City Commission finds that vehicular traffic pulling onto swale areas on a continuing non-emergent basis causes damage to the swale area which negatively affects the aesthetics of the '\ rights-of-way; and, WHEREAS, the City Commission finds that vehicular traffic pulling onto swale areas on a continuing non-emergent basis causes damage to the swale area which negatively affects the drainage capabili- ties of the swale area; and, WHEREAS, the use of news racks and benches as signs is illegal in Delray Beach and damages the aesthetic quality of our residential, commercial, industrial, and open space neighborhoods¡ and, i ! '. · ------ .._--,-~ -- - -- --~_..- --- -~------ ----~---- WHEREAS the City Commission of the City of Delray Beach believes that imp~oving the aesthetics of Delray Beach's residential and commercial neighborhoods will improve the quality of life for the citizens of Delray Beach; and, WHEREAS, the City Commission finds that damaged swale areas negatively affects property values adjacent to' such swale areas and rights-of-way; and, WHEREAS, the City Commission of the City of Delray Beach believes there is adequate areas of distribution available. NOW, THEREFORE, BE IT ORDAINED BY THE ,CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 6.3, "Use a'nd Work in the Publ ic Right-of-Way", Section 6.3.3, "Newsracks, Benches and Other Unattached Fixtures in the Right-of-Way" 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: Section 6.3.3 New~~ack~ï-Benche~-and-e~he~~~na~~aehed-Pix~~~e~-in ~he-Riqh~-o£-Way~ Any newsrackï-beneh-and-o~her-non-a~~aehed-£ix~~re thereina£~er-coiiee~iveiy-re£erred-~o-as-umovable fixturesut which rests in who1'e or in part upon, or on any portion of the public right-of-way or which projects onto, into, or over any part of a public right-of-way, or which is upon private property shall be locatrd and maintained in accordance with this Section. (A) Definitions. For the purpose of this subsection the following definitions shall apply unless the context clearly indicates or requires a different meaning. "Advertising Circular." Any publication that contains only advertising and no news reports. "Auxiliary Lane." A turn lane or on-street parking area. "Bike Path." That portion of a right-of-way improved, designed, or ordinarily used for bicycle traffic. "Controlling Entity." The person or entity responsible for placing and maintaining a movable fixture, the owner of the movable fixture, or the publisher of the newspaper vended within a newsrack. "Intersecting Sidestreet." Any roadway or driveway on which traffic is required to stop prior to entering the intersection. "Movable Fixture." Any newsrack, bench, or other non-attached fixture. "Newsrack." Any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, sale, or distribution of newspaper or other news periodicals or advertising circulars. "Paved Surfaces." Any hard maintained surface used or built for the purpose of transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to, asphalt, concrete, paver block, tree grates and/or rocks. "Public Agency." The ettYï-eo~ntYï-or-~he-state City of Delray Beach, Palm Beach County, the State of Florida, its subdivisions, departments or authorized aqents. "Right-of-Way." All that area dedicated to public use or otherwise owned by a public agency for public street purposes and shall 2 ORD. NO. 43-93 I I '. · -- ~ ----- ~--_.._--- ._-~------~_. _._~--- ,- --- ~------ ---.,- include, but not be limited to, roadways, swales, bike paths, and sidewalks. "Roadway." That portion of a right-of-way improved, designed, ör ordinarily used for vehicular traffic, "Sidewalk." Any surface within a right-of-way provided for the exclusive or primary use of pedestrians, ( 8) Prohibited Locations: ( 1) Landscaped Areas: Movable fixtures shall not be placed or installed or erected on any landscaped area within an improved public right-of-way. The landscaped areas include, but are not limited to, those areas in which the fol,lowing ground cover materials are placed: tat--Sodï ill tbt Decorative plants, or ill tct Native plants maintained to match the surrounding flora. (2 ) Public Utilities: Movable fixturës shall not be placed, installed, or erected to obstruct the use ,of any public utility pole or structure. These areas are defined desiqnated as follows: (a) Drainage structures: Movable J1xtures shall not be physically attached, chained or bolted to any drainage structure, inlet pipe; or other physical object meant to carry water for drainage purposes; (b) Utility Poles: Movable fixtures shall not be physically attached, chained, or bolted to a utility pole¡ (c) Fire Hydrants: Movable fixtures shall not be located within ~5 11 feet of a fire hydrant. ( 3) Traff ic Control Devices: Movable fixtures shall not be physically attached, chained, bolted, or erected to obstruct the function of traffic signals, traffic signs or pavement markings. These areas shall be òef±ned desiqnated as follows: (a) Traffic signals. ( 1) Movable fixtures shall not be physically attached, bolted, or chained to a traffic signal pole. ( 2) Movable fixtures shall not be placed in such a manner which obstructs the free pedestrian flow to and from a pedestrian traffic signal push button. In order to allow for the free pedestrian flow, and handicap access, to and from pedestrian traffic signal push buttons, movable fixtures shall be placed at least 36 inches away from such pedestrian traffic signal push buttons. I (b) Traffic signs. Movable fixtures shall not be physically attached, bolted, or chained to a traffic , sign or post used for the support of a traffic sign or signs. (4 ) Paved Surfaces: No moveable fixture shall be placed, installed, or erected directly on a paved surface which is intended primarily for the use of motor vehicles. 3 ORD. NO.43-93 '. · --._- -------..__.----- ---- ---"-'~--'--- ta till Any m!10vable fixture§. plac,ed or maintained on a sidewalk shall leave a clear area for trafflc of not less than 5 - feet: !Q inches. tbtl£l Any ~~ovable fixture§. which is ~ placed or maintained on a bike path shall leave a clear area for traffic of not less than 8 feet. ' tStill Clear Zones: ¡-lovable fixtures sha,ll not be, installed, placed or erected wi thin clear zones as defu1ed ln thlS sectlon. clear zones are defined as follows: (a) The area measured within f±~~ four feet of the face of a six inch high vertically faced curb. Where the four foot minimum is impractical, the minimum may be reduced to 2 1/2 feet. (b) In all other locations, the movable fixture shall be located no less than ten ( 10) feet away from the edqe of the pavement. If there is not ten (10) feet available, the movable fixture shall be located as far away from the edqe of the pavement as ~~act:±cai possible. tbt- -'i'he - area - from - t:he - edqe - of - the - t:ravei - ial'\e - on - t:he adjacent:-road-for-t:he-foiiowtnq-dtstances~ I s~eed-btmtt:-of-Adjacel'\t:-Road-------Bist:al'\ee 36-m~h-or-ie~~---------------------l6-feet: 3S-m~h-or-qreat:er------------------l8-feet: tct--'i'he-area-measured-from-t:fte-edge-of-an-auxiliary-iane of-the-adjacel'\t:-st:reet:-wit:hin-tfte-foiiowil'\g-distanees~ S~eed-bimit:-of-Ad;aeel'\t:-Road-------Btst:anee 36-mpft-or-iess---------------------6-feet: 35-mph-or-qreat:er------------------l6-feet: t6t1!l Sight Areas: Movable fixtures shall not be placed, attached, installed or erected within the sight areas defined in this section. For purposes of this section, sight areas extend vertically from a point commencinq 3 feet above the pavement elevation, and encompass the trianqular area of property located at a corner formed by the intersection of two or more public riqhts- of-way, with two sides of the trianqular area extendinq forty feet from their pOint of intersection alonq the edqe of roadway. and the third side beinq a line connectinq the ends of the other two lines. (See Fiqure 1). S±qftt-areas-al'e-ful't:fter-deUned-as-t:he area-ext:endinq-from-t:he-±I'\tersectinq-sidestreet-and-a-parallel-iine i5~-fl'om-t:he-edqe-of-pavement-runninq-for-ii5-feet:-where-t:he-street: on-wftteft-t:he-newsrack-is-~iaced-does-not-have-a-stx-tneft-vert:icaiiy faeed-eurb¡-or-t:hat-al'ea-extending-from-t:fte-int:el'seeting-sidest:reet: and-a-~araiiei-iine-i5~-from-the-edqe-of-~avemel'\t:-runl'\il'\g-for-~ie feet:-wftere-t:he-st:reet:-on-whieh-t:he-newsraek-is-piaeed-does-ha~e-a six-tneh-vert:ieaiiy-faeed-curb. All obstructions to the required --ÆSiQht d~~t~ance shall be removed within the area shown in Fiqure 1. o ' It: 0 " I ' _ .....:..' '-':;- ::: =~O~_ _ Figure 1 ,,--40~ -'C ___~ Typical Intersection '<:/?i, 11 p, 'Y- --- 0PIAi cJF ?Þf~...ï (not to scale) ". ~' '. ~ , S ICr~r ~Rt::-JIt I 4 ORD. NO. 43-93 --~-~ -- --~-----~ -..----------.-------.-- - --~-~ t~till Other Areas: Movable fixture shall not be placed, installed, or erected in any of the areas defined in this section. (a) The area within 50 feet of any railroad track. (b) On any city property unless the location has been specifically permi~~ed desiqnated by the City Manager or his-desigftee any authorized representative. ( 1) The City Manaqer or the duly authorized City representative shall desiqnate locations at City facilities for the placement of movable fixtures. (2 ) The City shall prepare a map for each City facility illustratinq the desiqnated locations for the placement of movable fixtures. The location maps shall be available for inspection at the office of the City Clerk. ( 3) Movable fixtures which are placed at City facilities are subject to the same abandonment and enforcement provisions included in Sections tst 6.3.3(F) and tFt (G) ef - ~he - erdiftaftee. Improperly placed movable fixtures shall be considered abandoned movable fixtures. (c) The area within the medians of a divided roadway. t8ti!Ql Movable fixtures shall not be placed on any roadway, bike path or swale area adjaeeft~-swaie-area in front of or to the side of a resideft~iai-zefted-dis~rie~s-ef sinqle family residence within the City. (C) Standards for Newsrack Maintenance and Installation: tit--Ne-mere-~haft-efte-ftewsraek-eeft~aiftiftg-~he-same-iss~e er-edi~ieft-ef-~he-same-p~biiea~ieft-shail-be-leea~ed-withift-the same-bieek-er-!ï999-feetï-whiehever-is-the-iesser-distafteeï-eft the-same-side-e£-the-streetï-previdedï-heweverï-a-eefttroliing eft~i~y-may-ieeate-ftewsraeks-eloser-~e-eaeh-e~her-i£-a-~~biie fteed-is-determifted-te-exis~~--A-p~biie-fteed-may-be-established by-~he-£eiiewiftg-methodï-b~~-s~eh-methed-is-ftet-exei~siYe~--A eeft~reliiftg-efttity-desiriftg-~e-es~abiish-a-p~blie-needï-may plaee-a-ftewsraek-a~-the-prepesed-ieea~ieft-a£ter-fte~iee-to-the ei~y-£er-a-peried-e£-efte-meft~h~--f£-d~riftg-~ha~-efte-meftth-test periedï-the-aYerage-eire~iatieft-£rem-that-ftewsraek-eq~als-or exeeeds-~5-~ereeftt-e£-the-eapaeity-e£-the-ftewsraekï-the-~~biie fteed-is-estabiished-aftd-the-addi~ieftal-ftewsraek-may-remaift-at i~s-ioea~ieft~ tit Any newsrack which in whole or in part rests upon in or over any public property or right-of-way shall comply with the following standards: tatill A news rack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24 inches in depth. tbtill Coin operated news racks shall be equipped with a coin return mechanism to permit a person wishing to purchase a newspaper or periodical to secure an immediate refund in the event the news rack is inoperable. At all times, the coin return mechanism shall be maintained in good working order. tetill The controlling entity shall permanently affix to its news racks a label which states a 24 hour operable 5 ORD. NO. '. .- .-- - - --- ------~_.- telephone number of a working telephone service which the customer may call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism. The label shall feature clearly on its face, the name and address of the controlling entity in order to give the notices provided for in this chapter. tdtill The controlling enti ty shall maintain each news rack movable fixture in a neat and clean condition, and in good repair at all times. tet--A%%-newsracks-sha%%-haYe-a-~ni£orm-%ight-brown finish~--ProYidedï-howeYerï-that-newsracks-may-be-of-any color-if-they-are-shielded-from-y;ew-on-three-sides-in-a covering - b~ilt - and - permitted - in.- accordance - with - the eity~s-B~ilding-eode~ tBt--Restrictions-on-AdYertising~ Newsracks - shall- not - be - ~sed - for - advertising - or - p~bHcity þt1rþoses - other - than - that - pertaining - to - the - displaYï - sale - or p~rchase-o£-the-newspaper-or-news-periodica~s-sold-or-distrib~ted therein.--enly-one-tlt-adYertising-siqn,-n~t-exceedinq-two-sq~are feet - in - area, - may - be - placed - on - a - newsrac:k>;- - -fn - addition - to - the advertising - sign, - HIe - control H:ng - entity- may - dispiay - once, - on - a newsrack,-the-name-of-the-p~blication~--The-name-of-the-p~blication maY-be-displayed~in-lettering-no-greater-than-~iu-in-height. I tatill The use of a bench for advertising purposes is strictly prohibited. tE) (F) Abandonment: (l) In the event a newsrack remains empty for a period of 30 continuous days, it shall be deemed abandoned, and may be treated in the same manner as provided in (G) below for movable fixtures in violation of the provisions of this subchapter. (2 ) If the controlling entity is not identi tied on the moveable fixture, it will be considered abandoned and posted as such. (G) Enforcement; Correction of Violation: ( I) Upon determination by a Code Enforcement Officer that a movable fixture has been installed, used, or maintained in viola- tion of Section 6.3.3, an order to correct the violation shall be issued to the controlling entity. (2 ) The order to correct the violation shall specifically describe the violation and may suggest actions necessary to correct the condition or violation. Such order shall be mailed by certi- fied mail return receipt requested to the controlling entity. ( 3) Failure to properly correct the offending-condition-or violation within 15 days after-the-mailing-date of the receipt of the order, shall result in the offending movable fixture being removed by the city. Any movable fixture removed by the city hereunder shall be stored at the controlling entity's expense for a period of 30 days. The movable fixture shall be released upon a proper showing of own.ership and payment of any and all storage charges. In the event the movable fixture is not claimed wi thin the 30 day period, the movable fixture may be sold at public auction and the proceeds applied first to removal, administrative and storage charges, and the remainder, if any, then paid into the General Fund of the City. 6 ORD. NO. 43-93 ·t (4) If the movable fixture is posted as abandoned and not. removed within 7 days from the date of posting, or the City is not contacted by the controlling entity within 7 days from receipt of the order, the City may remove the movabl~ fixture immedi~tely. The City shall store the movable fixture for 30 days and 1f not claimed within that time, the City may dispose of the movable fixture in any manner it deems appropriate. . If the movable fixture , is claimed, the entity claiming the movable fixture shall pay for I all removal, administrative and storage charges prior to release of I the fixture. If the charges are not paid wi~hin 15 days of claim I being made, the City may dispose of the movable fixture. I (5) At least ten days prior to the pl!bl1c auction, the City Clerk shall publish a description of the. movable fixture, the location from where it was removed, and notice of the auction in a newspaper of general circulation in the city and shall provide the controlling entity identified on the movable fixture, or if other- i wise known, with written notification of the auction by certified \ mail, return receipt requested. Provided, however, that th~ City Manager, or his designee, may dispose of the movable fixture 1n any manner it sees fit, including negotiating the release of the movable fixture to the controlling entity for less than full payment of all storage charges if the City Manager or his designee is of the opinion that such disposal will be more advantageous to the City than auctioning off the movable fixture. (6) In the event the controlling entity ~ppeals the order to correct the violation, as provided for in /Subsection 6.3.3(H), below, then removal of the movable fixture shall be stayed pending final disposition of the appeal, which final disposition shall include any judicial review. The city shall reimburse the con- trolling entity any storage charges paid pursuant to an order issued by the city in the event the decision on the appeal is I rendered favorable to the controlling entity. i (H) Appeals: Any person or controlling entity aggrieved by any order, finding, or determination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an appeal with the Code Enforcement Board for the City of Delray Beach. The appellant must , effect their appeal within 15 days after receipt of the order mailed to 'I the appellant pursuant to this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. The Code Enforcement Board shall hold a hearing on the appeal no I later than 30 days following the receipt of the letter of appeal, unless \ the parties mutually agree to an extension thereof. The appellant shall , be given at least 7 days written notice of the time and place of the hearing. The Board shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the fixture is not violating this ordinance. At the conclusion of the hearing, the Board shall issue findings of fact and issue and order. The order shall be reduced to writing and signed by the Chairman of the Board and filed in the Office of the City Clerk within 15 days of the hearing and a copy shall be sent to the appellant. The order of the Board shall be effective when rendered. The order of the Board may be appealed as provided for by law. tat--Ifhe - 1:1se - of - a - bench - for - aèvert:isinl} - pt2rpcses - is - st:ric:t:ly prohibit:ed~ Section 2. That all ordinances or parts of ordinances which are in conflict herewith 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 7 ORD. NO. 43-93 I I '. · --" 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 immedi- ately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of , 199 - MAY 0 R ATTES'l' : City Clerk First Reading Second Reading nw.l.ord. rev. 06/17/93 I 8 ORC. NO. 43-93 '. . - . tJ,~/ f1/Î [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE ,2(){I ~~\\' 1'1 A\L1"UE . DELRAY BE!\C!I, FLORIOA 33444 FACSI\III F ,1i17'::,-:: ~.," Wr1t_r·. D1r_ct L1n_ (407) 243-7090 MEMORANDUM Date: July 7, 1993 To: City Commission ~ From: David N. Tolces, Assistant City Attorn Subject: 330 S.E. 3rd Avenue Donation to Habitat for Humanity Pursuant to Section 36.35(A) of the City's Code of Ordinances, a publ ic hearing has been scheduled regarding the donation of the above-referenced property to Habitat for Humanity of Boca/Delray. This parcel is the fourth lot the City has donated pursuant to an agreement entered into between the City and Habitat for Humanity. If you ~ any questions regarding this matter, please do not hesitate t call. DNT:sh cc: David Harden, City Manager Lula Butler, Director of Community Improvement Cheryl Leverett, Executive Assistant hab1tat9.dnt fCwDdL 6-0 10.,8 . NOTICE OF INTENT TO SELL NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined to sell the following described properties: The South 1/2 of Lot 19 and all of Lot 20, Block 88, LINN'S ADDITION TO OSCEOLA PARK, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 1, Page 133. The sale of the property is for public purposes pursuant to a contract entered into between the City and Habitat for Humanity of Boca/Delray. Further information, as available, may be obtained from the City Manager's Office. The City Commission of the City of Delray Beach, Florida, shall hold a public hearing on the proposed sale at their regular City Commission meeting of July 13, 1993 at 7:00 p.m. in the City Commission Chambers, City Hall. CITY OF DELRAY BEACH, FLORIDA By: Alison MacGregor Harty City Clerk Publish: The News Poat.It'",outlllQ ,aq....t pad 1e601 - ROUTING - REQUEST Pl.... TI"' ryC\o-t\'::> cFe.. DREAD D HANDLE O(lc.~ II (JJ~fL. KJ~ D APPROVE ? lc=o:g.e... p . h'I~h.... d &1nSé(!uJ7()L ~- and PI.I.&J5H : .rW'l~ ~ ,QQ3 D FORWARD ----ç;;1'JD ~ '5 \ J D RETURN ;[u.Jy 'J /<11:13 D KEEP OR DISCARD D REVIEW WITH ME D.I.~ From ~ '. · , M E M 0 RAN DUM TO: ' MAYOR AND CITY COMMISSIONERS dJ\ A FROM: CITY MANAGER (If¡v I SUBJECT: AGENDA ITEM # I~A - MEETING OF JULY 13, 1993 ORDINANCE NO. 45-93/CORRECTIVE REZONING FOR THE PALM TRAIL MEDICAL BUILDING DATE: JULY 8, 1993 This is first reading of an ordinance correcting the zoning classification for the Palm Trail Medical Building at 909 N.E. 9th Avenue from RM (Multiple Family Residential - Medium Density) to POD (Professional Office District). The subject property is located between Palm Trail and N.E. 9th Avenue, north of George Bush Boulevard, and contains 1.77 acres. The existing use is a 21,650 sq. ft. medical office building with associated parking. The project received site plan and conditional use approval in 1975 and was constructed in 1977 under the provisions of the zoning in existence at that time (RM-15). During adoption of the LDRs in 1990, this parcel was rezoned to RM, apparently in error, since at the same time professional offices as conditional uses were deleted from the RM district regulations. Hence, the existing building became a non-conforming use. The proposed rezoning to POD is corrective in that it will bring the existing structure and uses into compliance with current zoning requirements. The Planning and Zoning Board formally reviewed this item at its meeting of June 21, 1993, and voted unanimously to recommend approval of the rezoning from RM to POD. Recommend approval of Ordinance No. 45-93 on first reading. If passed, second reading and public hearing will be held on July 27, 1993. 5/0 ~~ ref:agmemo11 " · _.~.- --. ---- ----- -_._-~-_. - ~-~~- -- - -- -- - -- - -- ----~----- ORDINANCE NO. 45-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO POD (PROFESSIONAL OFFICE DISTRICT); SAID LAND BEING LOCATED BETWEEN PALM TRAIL AND N.E. 9TH AVENUE, NORTH OF GEORGE BUSH BOULEVARD; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, as amended and supplemented, as being zoned RM (Multiple Family Residential - Medium Density) District; and, WHEREAS, during the review process of a privately sponsored rezoning petition for the subject property, it was determined by the Planning and Zoning Board that the request should be processed as a corrective rezoning inasmuch as a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, at its meeting of June 21, 1993, the Planning and Zoning Board, as Local Planning Agency, reviewed this item and voted unanimously to recommend approval of the rezoning, based upon positive findings; and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, as amended and supplemented, is hereby corrected to reflect a zoning classification of POD (Professional Office District) for the following described property: Lots 4 to 9, both inclusive, and Lots 13 to 17, both inclusive, Block 5, together with abandoned alley lying between Lots 4 to 8 and Lots 13 to 17, and West half of said alley lying adjacent to Lot 9, of SOPHIA FREY SUBDIVISION, in Palm Beach County, Florida, according to the Plat thereof on file in Plat Book 4, .-------------------------- - - -- ------- ------------ ------ - - ---- ----- Page 37, of the Public Records of Palm Beach County¡ Florida. The subject property is the Palm Trail Medical Building, 909 N.E. 9th Avenue, Delray Beach, Florida. It is located between Palm Trail and N.E. 9th Avenue, north of George Bush Boulevard; containing a 1. 77 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, correct the Zoning 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 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. 45-93 ,. · ,~~/ " , - ^- C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: DAVID J. KOVACS, DlRECTOR\'-i 0' '\ (, , ,;: ,) ) d DE~AR~ENT ~.~~ ~ DNING . FROM: J~~INS' PLANNING TECHNICIÀN I /J SUBJECT: MEETING OF JULY...ií 1993 REZONING FROM RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO POD (PROFESSIONAL OFFICE DISTRICT) FOR THE PALM TRAIL MEDICAL BUILDING. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of a rezoning from RM (Multiple Family Residential - Medium Density) to POD (Professional Office District) . The subject property is the Palm Trail Medical Building, located at 909 NE 9th Avenue. It is located between Palm Trail and NE 9th Avenue, north of George Bush Boulevard. BACKGROUND: The Palm Trail Medical Building received site plan and conditional use approval in 1975, under the provisions of the previous RM-15 zoning. At that time, medical offices were allowed as conditional uses in RM-l5. The building was constructed in 1977. As a part of the Citywide rezoning with the adoption of the LDRs in 1990, the subject parcel was rezoned to RM, apparently in error. At the same time, professional offices as conditional uses were deleted from the RM district regulations. The result of these actions are that the existing office building is a non-conforming use. The subject parcel currently has a Transitional Future Land Use designation. The POD zoning is consistent with the Transitional designation. The existing building complies with POD development standards regarding setbacks, height, open space, etc. zoning. .. · City Commission Documentation Rezoning from RM to POD - palm Trail Medical Building Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of June 21, 1993. The Board voted 7-0 to recommend approval of the rezoning from RM to POD. RECOMMENDED ACTION: By motion, approve, on first reading, a rezoning of the Palm Trail Medical Building from RM (Multiple Family Residential - Medium Density) to POD (professional Office District). Attachments: * P&Z Staff Report * Location/Zoning Map Report prepared by : Jeff perki~lanninq Technician I Reviewed by DJK on : ~rJ~:S . '. · PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- ÞI._ _ TING DATE: AGENDA ITEM: ITEM: '§j' I I j..,. r" I :::-1 - I' ,J ) i - ~I ===11 ! ..J ~ = L--( I I F=l ~ _ ' ø F II ~~ê æ~ 'g ~~~ (/- ~ . 8 I , ~ t êJllHIffiffiIB , f,N 'I I : t ~NERAL DATA: Owner/Applicant..........Angelo Pace M.D. and Herbert L. 'Wachtel, M.D. Palm Trail Building Partnership Agent... .................David Harden, City Manager City of Delray Beach Location.................North of George Bush Boulevard, between NE 9th Avenue and Palm Trail. Property Size............!.77 Acres City Land Use Plan.......Transitional Existing Zoning..........RM (Multiple Family Residential - Medium Density) Proposed Zoning..........POD (Professional Office District) Adjacent Zoning...North: R-lAA (Single Family Residential) East: RM South: GC (General Commercial) West: RM Existing Land Use........Existing 21,650 square foot medica! office building with associated parking. Proposed Improvement.....Corrective rezoning to POD to bring the existing structure and uses into compliance with current zoning requirements. Water Service............Existing on site. Sewer Service............Existing on site. · I T E M B E FOR E THE BOA R D: The action before the Board is making a recommendation on a corrective rezoning from RM (Multiple Family Residential - Medium Density) to POD (Professional Office District). The subject property is the Palm Trail Medical Building, located at 909 NE 9th Avenue. The site is composed of Lots 4-9 and 13- 17, together with abandoned alley right-of-way lying between Lots 4-8 and 13-17, and west half of said alley lying adjacent to Lot 9, Block 5 of the Sofia Frey Subdivision, with a total area of 1.77 acres. It is located between Palm Trail and NE 9th Avenue, north of George Bush Boulevard. Pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. B A C K G R 0 U N D: - .- The Palm Trail Medical Building received site plan and conditional use approval in 1975, under the provisions of RM-15. At that time, medical offices were allowed as conditional uses in RM-15. The building was constructed in 1977. As a part of the Citywide rezoning with the adoption of the LDRs in 1990, the subject parcel was rezoned to RM. At the same time, professional offices as conditional uses were deleted from the RM district regulations. The subject parcel currently has a Transitional Future Land Use Designation and RM (Multi-family Residential - Medium Density) zoning. Although the zoning designation is consistent with the FLUM, the existing land uses - medical offices - are no longer allowed in the RM district. The current uses are considered to be legal non-conforming uses. The proposed corrective rezoning of the property to Professional Office District (POD) zoning would make the existing structure and uses conforming. Z 0 N I N G A N A L Y S I S: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. .. . P & Z Staff Report Palm Trail Medical Building - Rezoning from RM to POD Page 2 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 current Future Land Use designation for the subject property is Transitional. According to the Comprehensive Plan, areas designated Transitional on the Future Land Use Map can "In some instances...provide for a transition between less intensive residential use and commercial uses." This is the function provided by this site. As the subject parcel is located between an existing residential area with a mix of single and multiple family units and an existing commercial area, the Future Land Use Map designation is appropriate. The requested zoning change is from RM (Multiple Family Residential - Medium Density) to POD (Professional Office District) . Professional Office District zoning is identified as appropriate under the Transitional designation in Table T-6 of the Comp~ehensive Plan. 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. As the site is currently developed, no additional demand for service capacity will be generated by this action. No future development of the site is proposed. A positive finding can be made with respect to concurrency. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D) (5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Housing Element Policy A-3.3: Areas identified as "stabilization and revitalization" on the Residential Neiqhborhood Cateqorization Map shall be provided assistance through the development of a "neighborhood plan"... The Plan shall also address the appropriateness of rezonings... Commencing in FY90/91, the City shall provide a division within the Development Services Group which shall produce at least one such neighborhood plan per year. . · P & Z Staff Report Palm Trail Medical Building - Rezoning from RM to POD Page 3 The subject property is located in a neighborhood designated as "stabilization and revitalization" area on the Residential Neighborhood Caterorization Map. The map is a generalized representation, which includes non-residential properties with surrounding neighborhoods. As the subject property is an existing non-residential development, it should not be considered as a part of the "stabilization and revitalization" neighborhood. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: 0) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is currently zoned RM. The property is adjacent to GC (General Commercial) zoned properties, with existing commercial businesses, to the south. Properties to the north, east, and wes t are zoned RM and developed with a mix of multi-family, duplex, and some single family residential. According to the Comprehensive Plan, areas designated Transitional on the Future Land Use Map can "In some instances...provide for a transition between less intensive residential use and commercial uses." This is the function provided by this site. The POD zoning designation is appropriate for the Transitional FLUM designation and for this site. The zoning change will reflect existing conditions and will not adversely affect the compatibility of the property with adjacent uses. Standards "a," "b," and "c" do not apply to this property. Section 2.4.5(0)(5) (Rezoning Findings): Pursuant to Section 2.4.5(0)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. '. · P & Z Staff Report Palm Trail Medical Building - Rezoning from RM to POD page 4 The applicable reason is "a," pursuant to the following: The Palm Trail Medical Center site was changed from "Multiple Family Residential" to "Transitional" on the Future Land Use map in 1989. The RM zoned area adjacent to the site was assigned "Medium Density Residential" Future Land Use at that time. The intent was apparently to assign a different zoning (i.e. POD) to the site, leaving the existing uses as conforming. However, the site was left in RM, with the Citywide rezoning, in 1990. The changes made to the RM district at that time rendered the site non-conforming. Since the Future Land Use Map was changed to accommodate the existing development, the application of RM zoning to this property appears to have been an error. Additionally, reason "c" would also be appropriate. The existing office use is, in some respects, more appropriate than multiple family residential development in this location, as it provides for a gradual change in intensity from commercial to residential. LDR Compliance - Use: Section 4.4.16 Professional Office (POD) District: "The Professional and Office District (POD) is created in order to provide a very limited application of professional, office, and similar intensity use to small parcels on properties designated as Transitional on the Future Land Use Map..." The structure at 909 NE 9th Avenue meets the above described purpose and Intent of the POD district. All uses in the structure are permitted in the POD district. LDR Compliance - Development Standards: As this is a developed property and no additions or physical changes to the site are proposed as a part of this zoning change, upgrading the site to current development standards is not required. However the following information is provided for the record. Section 4.3.4(K) Development Standards Matrix: The site meets all development standards for POD zoning, per LDR Sections 4.3.4(K) Development Standards Matrix, including setbacks, building height, lot coverage, open space minimum lot size and minimum lot dimensions. Section 4.6.9 Parking Requirements: Per LDR Section 4.6.9(C)(4)(c) medical offices are required to provide 5 spaces per 1000 square feet of floor area. The site has 21,650 square feet of floor area, requiring 109 spaces. Approximately 110 are provided. In general, design standards for spaces and aisleways are met. · P & Z Staff Report Palm Trail Medical Building - Rezoning from RM to POD Page 5 Five handicap parking spaces, which do not comply with all current standards, are provided. All lack the required 5' ramp. providing five ( 5 ) standard handicap spaces as required by code may reduce the number of parking spaces below the required 109. Section 4.6.16 Landscaping: Current landscape requirements for the site are not fully met. The site lacks several required landscape islands and several existing islands lack hedges and/or trees and curbs. Also, the abutting parking tiers to the west of the building lack the required 5' landscaped area. The installation of the landscape features necessary to meet current codes would most likely reduce the number of parking spaces at the site. The property has been cited for non-compliance with the October 1, 1993 landscape requirements. The property owners will need to screen an existing dumpster and replace some missing perimeter trees in order to bring the site into compliance with the October 1993 requirements. These changes will not, however, bring the site into complete conformance with all current landscaping regulations. REV I E W B Y o THE R S: The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board) , DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency) . Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A special certified notice has been sent to each of the property owners of record. Courtesy notices have been sent to the following homeowners associations and citizens groups: * Beach Property Owners Association * La Hacienda Property Owners Association who have requested notification of petitions in that area. Letters of objection, if any, will be presented at the P & Z Board meeting. ASS E SSM E N T AND CON C L U S ION: The current RM zoning appears to have been made in error at the time of the Citywide Rezoning. This rezoning to POD will not '. · P & Z Staff Report Palm Trail Medical Building - Rezoning from RM to POD Page 5.1 affect the intensity of development on the site or the compatibility of the site with surrounding properties. A rezoning of this property from RM to POD would allow for the continuation of and necessary improvements to the existing facilities without being subject to restrictions imposed on non-conforming properties. All required positive findings can be made. A rezoning of the site is appropriate. A L T ERN A T I V E ACT ION S: A. Continue with direction. B. Recommend a rezoning of the Palm Trail Medical Building Lots 4-9 and 13-17, Block 5, from RM to POD, based on positive findings. C. Recommend denial of a rezoning of the Palm Trail Medical Building, based on a failure to make positive findings. S T A F F R E COM MEN D A T ION: Recommend approval of the rezoning request for the Palm Trail Medical Building from RM (Multiple Family Residential - Medi urn Density) to POD (Professional Office District), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: * Location Map Report prepared by : Jeff Perkins, Planning Technician I Reviewed by DJK on : ,. . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [~''-'1 SUBJECT: AGENDA ITEM # I tP.. J3 - MEETING OF JULY 13, 1993 ORDINANCE NO. 46-93/AUTO BROKERAGE AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL DISTRICT DATE: JULY 8, 1993 This is first reading of an ordinance which amends the Land Development Regulations in order to allow "Auto Brokerage" as a conditional use within the General Commercial (GC) zone district. It was initiated at the request of Realtor Kathi Sumrall who originally proposed consideration of auto brokerage as a principal use within the GC district. While acknowledging that the use is currently allowed in certain zone districts, Ms. Sumrall made the argument that sites in those districts are not well suited for an auto brokerage use and that the use would be appropriate within the GC zone. A description of the proposed use and an analysis of its appropriateness in the Genèral Commercial district is provided in the accompanying staff report. The Community Redevelopment Agency reviewed this matter at its meeting of May 13, 1993, .and voted unanimously (4-0) to recommend that the use "Auto Brokerage" be permitted in the GC zoning district. The Planning and Zoning Board formally reviewed this item at its meeting of June 21, 1993. The consensus was that it is more appropriate to allow it as a conditional use rather than as a principal use. The Board voted 5-2 (Beer and Naron dissenting) to recommend approval of the amendment to allow auto brokerage as a conditional use within the GC zone district. Recommend approval of Ordinance No. 46-93 on first reading. If passed, second reading and public hearing will be held on July 27, 1993. --- /5/ l?Ef1O/179 rlh¿E/) on S-o ref:agmemol0 -- -- - ",---,- --- --- ORDINANCE NO. 46-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (D) , OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "AUTOMOBILE BROKERAGE" AS AN ALLOWABLE CONDITIONAL USE WITHIN THE ZONE DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of June 21, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4 . 4 , "Base Zoning District", Section 4.4.9¡ "General Commercial (GC) District", Subsection 4.4.9(D) , "Conditional Uses and Structures Allowed" , of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding the following text: Jl2l Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. 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. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. i I I '. · - - - -- ---- ------ PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 46-93 " ;~,I( A > 1<-: L C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ,~_~~ ~(XC~ THRU: DAVID J. KOVACS, DIRE OR DEPARTMENT OF PLANNING AND ZONING FROM: DIANE DOMINGUEZ, PLANNER I~~" ~\ ; ~ 'l^" . '( SUBJECT: MEETING OF JULY 13, 1993 LDR Modification to add "Auto Brokeraqe" as a Conditional Use in the General Commercial (GC) Zone District ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to the City's Land Development Regulations, in order to allow "Auto Brokerage" as a Conditional Use in the GC Zoning District. The affected LDR Section is 4.4.9(D), General Commercial District, Conditional Uses and Structures Allowed. BACKGROUND: This amendment was initiated at the request of Realtor Kathi Sumrall. The use is currently allowed in the PC (Planned Commercial) and CBD (Central Business District) zones as a principal use, and could be accommodated in the AC (Automotive Commercial) and MIC (Mixed Industrial and Commercial) zones through similarity of use determinations. In her letter of April 20, 1993, Ms. Sumrall states that sites in those districts are not well suited for an auto brokerage use, and that the use would be appropriate within the GC zone. The attached Planning and Zoning Board staff report contains a description of the proposed use and an analysis of its appropriateness in the GC zoning district. '. City Commission Documentation LDR Amendment Auto Brokerage in the GC Zoning District Page 2 COMMUNITY REDEVELOPMENT AGENCY CONSIDERATION: At its meeting of May 13, 1993, the CRA voted unanimously (4-0) to recommend that the use "Auto Brokerage" be permitted in the GC zoning district. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of June 21, 1993. The original request was to allow auto brokerage as a principal use within the district, subject to restrictions regarding the display of vehicles and the conducting of service type operations. Some of the Board members expressed concern over potential violations of the restrictions. In general, the feeling was that as long as the use operates similarly to other storefront uses, it should be allowed in the GC district. The consensus was that it is more appropriate to al1.ow· it as a conditional use, rather than as a principal use. .- The Board voted 5-2 (Beer and Naron dissenting) to recommend approval of the amendment to allow auto brokerage as a conditional use within the GC zone. RECOMMENDED ACTION: By motion, approve the amendment adding the following text to LDR Section 4.4.9 (D) , General Commercial, Conditional Uses and Structures Allowed (17) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. Attachment: * P&Z Staff Report & Documentation of June 21, 1993 * Ordinance (by others) DD\T:AUTOBRO.DOC " } 1 . ,I I PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT . FOR L.D.R. AMENDMENTS '. MEETING DATE: JUNE 21, 1993 AGENDA ITEM: IILB. f· SUBJECT: LDR Modification to add "Auto Brokerage J as an Allowable Use in the General Commercial I (GC) Zone District j , LDR REFERENCE: LDR Section 4.4.9 (B), General Commercial (GC) ~ í District, Principal Uses and Structures Permitted. ,. , I T E M B E FOR E THE BOARD 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 J (LDRs) . .j . Pursuant to LDR Section 1.1.6, no amenciment may be made until a recommendation is obtained from the Planning and Zoning Board. B A C K G R 0 U N D ; Allowing the use "auto brokerage" in the General Commercial District had previously been considered by the Planning and Zoning Board in May of 1991, at the request of Realtor Kathi Sumrall. At that time, the request was" for a determination that the use was similar to other uses already permitted in the GC District. The P & Z Board felt that the use was already adequately accommodated in other zoning districts (PC, CBD, AC, MIC) , and voted 5-1 to deny the request. In her letter of April 20, 1993, Ms. Sumrall asked that this request be reconsidered. She states as the basis for her request that while it appears that the use is allowable in many locations, in actuality there are few sites that are suitable for this type of operation within the permitted zoning districts. The PC district requires a 6,000 sq. ft. minimum building, the AC district is geared more to large scale operations or auto repair facilities, and suitable available properties within the CBD zone are limited. At its meeting of May 17, 1993, the Board reconsidered Ms. Sumrall's request, again as a determination of a similarity of use. The Board felt that the similarity of use approach was not appropriate, and voted to have the item considered as a formal amendment to the LDRs. Consideration of a formal text amendment is the action now before the Board. '. P & Z Staff Report LDR Amendment to Allow Auto Brokerage in GC District Page 2 A N A L Y S I S Automobile brokerage is listed as a principal use in the CBD (Central Business District) and in the PC (Planned Commercial District) as follows: "Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work." In addition, the use could be accommodated within the HIC zoning as a warehouse/office operation, and in the AC district through the determination of similarity of use process. The proposed text amendment would add Automobile Brokerage as a principal use in the GC (General Commercial) zoning district, subject to the restriction~ as s~ipulated above. Basis for Recommendation on Text Amendment In its consideration of this item as a Similarity of Use Determination, the Board denied the request based on the conclusion that it is already permitted in a sufficient number of zoning districts. Whether or not a use is accommodated in a sufficient number of districts should not be the basis for evaluating its appropriateness for inclusion in a particular zone. Rather, the Board should examine the nature of the use, its similarity to uses already permitted in the district, and to some degree, its appropriateness in areas of the City which have the applicable zoning. Nature of Use The LDRs provide the following definition of Automobile Brokerage: "The conduct of business resulting in the sale of an automobile other than when a part of new and/or used car sales." In operation, automobile brokers purchase vehicles at auctions o~ buy from auto dealers via computer lists. They operate on a retail or wholesale basis, purchasing cars for buyers or for resale to dealers. Typically, they search on behalf of a buyer for a specific vehicle, and therefore do not need to maintain an inventory on site. They may, however, have to temporarily store vehicles on the premises pending completion of a sale. Under the restrictions as stipulated in the LDRs, the vehicles must be stored in an enclosed structure, and may not be prepped or repaired on site. '. . P & Z Staff Report LDR Amendment to Allow Auto Brokerage in GC District Page 3 Similarity of Use to Other Uses Permitted in the District The General Commercial zoning district is intended primarily as a retail/office/service district, and is applied to relatively small, already, developed parcels. Storage of inventory is allowed within structures as an accessory use. Certain automotive related uses are allowed in GC as conditional uses, . including car wash establishments, vehicle limited to oil care change and lubrication facilities, and gasoline stations. If restricted to office and interior display only, the use of automobile brokerage could be considered to be similar to other uses allowed as principal or conditional uses in the GC district. In some respects it is a less intense use than many other GC uses, in that it would generate less of an impact on roads and services than a retail, office, or service operation. One type of automobile brokerage that differs from other allowable uses in the GC district is that of a wholesale dealer. These brokers essentially buy from auto auctions or dealers and sell to other dealers. As with retail brokers, they generally require office space and room to store a few vehicles. Wholesale sales is not a permitted use in the GC zoning district. However, the definition of Auto Broker in the LDRs does not distinguish between wholesale and retail sales. Wholesale operations are also not permitted in the PC or CBD districts, whereas auto brokers are. Appropriateness of Use in Areas Zoned GC In terms of the actual application of GC zoning and the appropriateness of auto brokerage in those areas, GC is the predominant zoning classification along Federal Highway between S.E. 10th and S.E. 4th Streets, and between N.E. 3rd Street and the city's northern boundary. Except for one block of RM zoning, the only other zoning classification in the above described areas is AC. As previously stated, the GC district allows certain auto related uses as conditional uses, some of which are located along this corridor (service stations). There are also numerous non-conforming auto related uses within these areas. Auto brokerage would be consistent with these uses. In terms of its appropriateness in this area, in the past the Board has been reluctant to support the addition or continuation of auto-related uses along these sections of Federal Highway. While auto brokerage could be viewed as more of an office/storage use, the Board should'consider its appropriatness in light of those past actions. '. P & Z Staff Report LDR Amendment to Allow Auto Brokerage in GC District Page 4 A L T ERN A T I V E ACT ION S 1. Continue with direction. 2. Reconunend to the City Conunission adoption of a text amendment allowing Automobile Brokerage as a permitted use in the Ge (General Commercial) zoning district, subject to conditions as stated regarding display and preparation of vehicles; and based upon a finding that the use is similar to other uses allowed in the district and is appropriate in areas of the City which are zoned Ge. 3. Reconunend to the City Commission denial of a text amendment allowing Automobile Brokerage as a permitted use in the GC (General Conunercial) zoning district, in that it is not similar to other uses allowed in the district, and that it is not an appropriate use for the district based upon past policy regarding automotive uses in the GC zone along Federal Highway. R E COM MEN D E D ACT ION Board!s discretion. Attachments: * Letter of request from Kathi Sumrall Report prepared by: I?i~ne, EO~ingUeZ ~ «'""\ Reviewed by DJK on: )::-:J-./L.... ~~ '\ . " . . Jtlc :?Fee} Pdktå~~ g fJl(ßllta/~ ~U;. mw/lou 98 N.e. 5U1 Avcnuc April 20, 1993 Dc/ray Beach. Florida ~,:)48~ (407) 278-0426' Fax (407) 278-0496 Mr. David Kovacs, Planning Director city of Delray Beach 100 N. W. 1st Avenue Delray Beach¡ Florida 33444 Re: Automobile Brokerage Dear David: I would like to request that the Planning and Zoning Board consider adding Automobile Brokerage to the list of permitted uses in the General Commercial Zoning District. This use is currently permitted in the PC, AC and CBD Districts. While on the surface this may appear to be "enough", I would like to offer several arguments on why I believe another district should be opened up. The AC District pretty much caters to either larger full-scale automobile dealerships or some type of automotive repair, neither of which are of the scale or low intensity of an Auto Broker. The pc District purpose requires large sites with a minimum of 6,000 sq. ft. of free standing building. This would be cost ,prohibitive for this type of small brokerage business. While the CBD District is desirable, in two years I have not been able to find a suitable property. Being a Realtor l.n Delray Beach for 20 years, I can tell you realistically it is an impossible task to find such a specialized property in such a small area (CBD) . As a CRA Commissioner, it is frustrating to have a small business person want to buy and improve property in Delray Beach and become a part of the tax base, but to no avai 1 . If this were not a desirable use, I am certain it would not be included in the CBD, which is a much stricter zoning district than GC. woui4 you please ask the Board to consider adding this use to the CC District and advise me accordingly? Thank you for your time and patience, David. , . ~fY yours, f\<1 .. ~!(G'œ:ffWŒ1DJ Kathi Sumrall þ\~ ,\#-. REALTOR ~ ----I 1"rlt r/ /~J,\~\~ .41R 21 J99~G · ,,,"1 K G'" PlA:\~J/NG & zo. .~ :...:.~ MI.S c ~ y(' t<\f » C~.·.. " I . PUBLIC AND CITY COMMISSION COMMENTS FROM JULY 13, 1993: Public Comments: (1 ) Mr. Jerry Marshall, resident of Wood lake, who asked if it would be possible to close off Atlantic Avenue between Swinton and Federal Highway on those evenings when the "Art & Jazz on the Avenue" events are held? The entire street could then be used as a walkway and would make for a festive atmosphere, without cars jamming up the roadway. It was suggested that this would be more in the realm of the Chamber and the Atlantic Avenue Association and should be brought up to these entities for consideration. Kevin Egan, CRA Chairman, advised this has been discussed by the Joint Venture and it may be a request in the future should the Art & Jazz events get any larger. (2 ) Ms. Helen Coopersmith, President of PROD, who stated she had two issues. Issue one being the concern of the people as it relates to the widening of West Atlantic Avenue which would involve turning off water service to home and business for segmented periods of time while construction is going on. There is also the inconvenience of having to boil water for a period of time after shut off before it can be used. The cost of installing conflict manholes and not shutting off water would cost the city about $20,000.00. Issue two has to do with bringing the two historic structures down from West Palm Beach to Delray Beach at a cost of $20,000. In her mind, the question becomes one of priorities; that of cutting off water during the widening of West Atlantic Avenue although there is a way (at a cost of $20K) that the water not be shut off, or moving the historic homes at the same cost. Ms. Coopersmith asked if there is money available in the Water and Sewer Fund, or other appropriate fund, to pay for the conflict manholes so water won't have to be shut off. If so, why can't we use it? Ms. Coopersmith summarized by stating each of the two projects would cost $20,000; one will move two historic homes to the city while the other would provide a means by which people would not be denied the use of water during construction of West Atlantic Avenue roadway improvements. Of these two projects, the city has approved the funding for the historic homes and denied the other. She requested the projects be equally funded so that those residents who will be undergoing the inconvenient but necessary roadway construction will not be inconvenienced further by having their water cut off. Commission Comments: (1) Mrs. Smith: No comments. (2 ) Dr. Alperin: No comments. . - (3 ) Mr. Randolph: Expressed his appreciation for the support shown by the Commission with respect to getting the Pompey Park pool project in the wor k s . Commented that both the City Manager's and City Clerk's offices will be hard pressed to replace retiring employees Nancy Roti and Sue Morrison. He has known them both for some twenty years and has the greatest respect for them. (4 ) Mr. Ellingsworth: No comments. (5 ) Mayor Lynch: Commented that Representative E. Clay Shaw did make a statement in the House of Representatives in recognition of Delray Beach and its selection as an All-America City, so we did receive some national recognition. The City Manager advised that Congressman Shaw wants to make a presentation at some time when he can come to a Commission meeting, to present a framed copy of the excerpt from the Congressional Record. This will be arranted as his schedule permits. AMH-7/15/93 "