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09-14-93 Regular ," . . . DELIA Y BEACH CITY OF DEL~Y BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~ SEPTEMBER 14, 199J - ~:OO P.M. (PUijl.IÇ; HEARING 7òQO P.M. ~I'I COMMISSION CHAMBERS ® 1993 The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and' enjoy the bene,fits 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: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. GenerallYI 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 items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordi~ary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting I individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right 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 primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up 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 indi viduals. 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 majority vote of the Commission members present. ·, . .. City Commission Regular Meeting 9/14/93 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need, a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. AGENDA 1. Roll Call. rJ~: b .'00 Invocation. ...ew-. ~ ~~ %:50 2. ~~ 3. Pledge of Allegiance to the Flag. 4. Agenda approval. 5-0~~ Action: Motion to approve. 5. Approval of Minutes: 5-() (~ ~.J Regular Meeting of August 24, 1993 Special Meeting of August 31, 1993 6. Proclamations: None. 7. Presentations: - ~~,v - ~ 85-9õ ~ &'7- 9,:) cAÚL A· Recognition of John Walker as recipient of 1993 Florida Shore and Beach Preservation Association Local Government Award. 8· A+é 5-0 ~ · A--I( bCJ &-/s 8. Consent Agenda: City Manager recommends approval. 5-0 A. APPROVAL OF RIGHT-OF-ENTRY AND LICENSE AGREEMENTS: Approve right-of-entry and license agreements with property owners in conjunction with utility construction east of the Intracoastal Waterway. B. APPOINTMENT TO THE PARKING MANAGEMENT TEAM: Appoint a representative from the Planning and Zoning Board to the Parking Management Team. C. APPOINTMENT TO THE METROPOLITAN PLANNING ORGANIZATION TECHNICAL ADVISORY COMMITTEE: Appoint the Planning Director to serve as the City's interim representative on the Metropolitan Planning Organization Technical Advisory Committee. D. RESOLUTION NO. 79-93: A resolution rescinding Resolution No. 130-92 and abandoning a portion of the Via Verona right-of-way and reserving easements on behalf of the City. -2- .. ,;,,'" .. . . . .. City Commission Regular Meeting 9/14/93 E. RENEWAL OF BANKING SERVICES CONTRACT/BARNETT BANK: Approve the renewal of the banking services agreement with Barnett Bank for a one year period ending September 30, 1994. F. SETTLEMENT OFFER: Deny an offer of settlement in the amount of $30,000 to settle Garcon and Jacquet vs. the City. G. AWARD OF BIDS AND CONTRACTS: 1. One ( 1 ) Vibration Analyzer/Balance - Public Utilities - Ono Sokki Technology, Inc. - in the amount of $11,630 with funding from Water and Sewer Capital - Other Equipment (Account No. 441-5161-536-64.90). 2. Automatic Transfer Switch - South Repump Station - Edward Electric Corporation - in the amount of $21,050 with funding from Water and Sewer Capital - Other Equipment (Account No. 441-5161-536-64.90). 3. Maintenance Perkin-Elmer Equipment - Water Treatment Plant - Perkin-Elmer, Corporation - in the amount ' of $16,340.75 with funding, from Water and Sewer Water Treatment Plant - Equipment Maintenance (Account No. 441-5122-536-46.20). 4. Hydrofluosilicic Acid - Water Treatment Plant - Allied Universal Corporation in the estimated annual amount of $14,250 with funding from Water and Sewer - Water Treatment Plant Chemicals (Account No. 441-5122-536-52.21). 5. Radio Telemetry Units - Storm Water Pumping Station - Data Flow Systems, Inc. in the amount of $11,930 with funding from Stormwater - Other Machines/Equipment (Account No, 448-5416-538-64.90). 6. Housing Rehabilitation - 909 S.W. 11th Terrace - Intercontinental Construction Corporation in the amount of $20,000 with funding from CDBG Housing Rehab (Account No. 118-1963-554-49.19). 7. State Housing Initiatives Program (SHIP) Housing Rehabilitation - 343 N.W. 6th Avenue - MJD Construction Services - $12,745 with funding from SHIP - Other Current Charges (Account No. 118-1924-554-49.90). 8. AS400 Computer Upgrade - Police Department - IBM (State Contract) in the amount of $75,569.84 with funding from General Fund Renewal and Replacement Computer Equipment (Account No. 334-6112-519-64.11). H. APPOINTMENT OF OUTSIDE COUNCIL: Appoint Guant, Pratt, Radford, P.A. to. serve as ·outside council to represent the City in Shaw vs. Goss and Wag,ner. r. CHANGE IN FUNDING SOURCE FOR CHANGE ORDER NO. 3/DUTCH CONSTRUCTION: Approve the change in funding source from 1992 Bond Anticipation Note - Veterans Park Redevelopment (Account No. 227-4126-572-61.63) to Decade of Excellence Bond Issue - Veterans -3- ,. 'I'" · .. City Commission ~ Regular Mèeting 9/14/93 Park Redevelopment (Account No. 225-4126-572-61.63) for Change Order No. 3 to the contract with Dutch Construction Company, Inc. in the amount of $13,511.99. 9. Requl~r Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period August 23, 1993 through September 10,s~~3. S--o B. RECONSIDERATION OF WAIVER REOUEST/LANDSCAPE TECHNOLOGY: Reconsider a request from Landscape Technology Inc. . for waiver of the condition of LDR Section 5.3.1 (E), which requires payment of 1/2 of the cost of constructing street/road improvements on Royal Palm Drive. City Manager recommends denial. ~ /I /..s .s--O C. REOUEST FOR CONDITIONAL USE APPROVAL: Consider a request for conditional use approval to establish a lumberyard (Causeway Lumber Company) , on the north side of West Atlantic Avenue, between Congress Avenue and the E-4 Canal, in the MIC (Mixed Industrial/Commercial) zone district. Planning and Zoning Board recommends approval, subject to conditions. -i3d¿~-~ta- - /t/t¿ 5'-0 D. MODIFICATION OF STANDARDS/975 CYPRESS DRIVE: Consider a request for modification of standards to permit the construction of a dock within ten feet of the adjacent property line at 975 Cypress Drive. City Engineer recommends approval. E/S 5-0 E. TENNIS DIRECTOR AGREEMENT: Consider approving an agreement with Ed Foster to provide Tennis Director services for a one year period ending September 30, 1994. City Manager recommends approval. 1(/4, ~~ y-o (èll F. PROPOSED INCREASES TO THE CEMETERY RATES: Consider a proposal to increase the fees for the Cemetery. City Manager IJ,· 4' re~a~proval _~ _ . 5-0 ;/ Re-~,~ Ù ~tãZ7~/¿) "¡ 'I jll.ffi1 J Q)./ G. AMENDMENT~O SERVICE AUTHORIZATION NO. 8/CH2M HILL: þ~- Consider an amendment to Service Authorization No. 8 in the amount of $4,500 to the contract with CH2M Hill for engineering services necessary to abandon test wells within the Jog Road right-of-way¡ installation of monitoring wells at the North Pump Station and replacement of the discharge head for PW-1¡ with funding from Water and Sewer Renewal and Replacement - Well Rehab, Replacement and Upgrade (Account No. 442-5178-536-61.82). City Manager recommends approval. 4/4c 5"-0 INC. : Consider a change H. CHANGE ORDE O. 1 / JOHNSON - DA VI S . order in the amount of $17,072 to the contract with Johnson-Davis, Inc. for realignment of the sewer extension on West Atlantic Avenue; with funding from Water and Sewer Renewal and Replacement - Sanitary Sewer Rehab - Renewal and Replacement (Account No. 442-5178-536-61.84). City Manager recommends approval. -£,/~ 5"-0 -4'- '. ,," . ... city Commission Regular Meeting 9/14/93 I. THIS ITEM WAS REMOVED ì J. RESOLUTION NO. 83-93: A resolution establishing the East Atlantic Avenue Task Team and ratifying appointments for the constitution of the Task Team. City Manager recommends approval. ~ /~ .s-- 0 TéA /lL 5- 0 K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to fill the unexpired term of Randee Golder ending July 14, 1996. &/~ s-()·~ lnt!j:l:~ L. ,APPOINTMENT TO THE EDUCATION BOARD: Appoin a member to fill the unexpired term of ~therine An erso e ding J ly ~ 1 , 1994. CL ~ M. A T T Appoint a member to fill the unexpired term of Richard eremeta ending August 31, 1994. It/A .1r U N. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a member to fill the unexpired term of C. Spencer Pompey ending August 31, 1995·t./8 ~~ 5-() O. SERVICE AUTHORIZATION NO. 6/PEC. INC. : Consider a service authorization in the amount of $4,090 to the contract with PEC, Inc. for engineering services for Phase I - Study or Conceptual Phase Services in conjunction with the 5 Million Gallon - N.E. Ground Storage Tank and Booster P. S. ¡ with funding from 1993B Water and Sewer Revenue Bond - N. E. Storage Tank (Account No. 440-5179-536-63.54). City Manager recommends approval. ~ 1e/s 6-0 .5 P. SERVICE AUTHORIZATION NO. 6/GEE AND JENSON: Consider a service authorization in the amount of $7,955 to the contract with Gee and Jenson for preliminary evaluation of the Pompey Park Municipal Pool Project¡ with funding from General Construction Fund - Pompey Pool (Account No. 334-4170-572-63.45). City ~.'50 Mana)¿f recommends approval. '7</6 ' 5- 0 TlJ .r MS' "/~ t 10. Public Hearings: 7Pl1 - ?: IDP"1 ..~. RESOLUTION NO. 80-93: A resolution to levy a tentative tax on all properties wi thin the City of Delray Beach. City . Manager recommends approval. ~- ~A 6- (J ~ B. RESOLUTION NO. 81-93: A resolution to levy a tentative tax r;t5t on all properties within the Downtown Development Authority Taxing District. City Manager recommends approval. ~~~v e/Æ S--o C. RESOLUTION NO. 82-93: A resolution making tentative appropriations of sums of money for all necessary expenditures of the City from Oc tober 1 , 1993 to September 30, 1994. City Manager recommends approval. 'It/ S 5"-0 ~. D. ORDINANCE NO. 52 - 9 3 : An ordinance adopting Plan Amendment 93-1. Planning and Zoning Board recommends approval, subject to ~ COnd¿~) _ a/Æ· ~-/ ~~.~ éJ/:¿3/?3 . E.RDINANCE NO. 50-93: An ordinance rezoning land presently zoned RM (Multiple Family Residential - Medium Density) to PRD s--{) a/~ -5- ,. '·1'" .. .. " (Planned Residential Development); said land being a portion of Tracts A and B, Lago Del Rey and a portion of the Plat of Lago Del Rey, Plat II A. Planning and Zoning Board recommends ,approval. // F. ORDINANCE NO. 51-93: An ordinance amending Land Development / ~4~ Regulations Section 4.4.13 (D) to add "wash establishment or fnl/{lJßtr facili ties for vehicles" as a conditional use in the CBD (Central p. 1l.. Business District). zoning district. Planning and Zoning Board /J..rd)flj 63 recommends denial. /PIs 5-0 ,-. /~ ~. ~ ~rl' __ ~ ~ . ~ _ t9J)/()()P -S6I FT- , q /7 G. ORDINANCE NO. 53-93: An ordinance a op ~ngthe ne. W O. fficial ~ Zoning Map. Planning and Zoning Board recommends approval. ß_ ) /f./& 5- 0 . (C/! CðNréRMCf. /{CIC/1'1 H. ORDINANCE NO. 54-93: An ordinance amending the Land Development Regulations by amending Section 4.4.21 "Community Facilities (CF) District", Subsection (B) to add "Cemeteries" as a principal usej and by amending Section 4,4.22, "Open Space (OS) District", to delete "Cemeteries" as a principal use. Planning and Zoning Board recommends approval. ~-O 11. Comments and Inquiries on Non-Agenda, Items from the Public-Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. I1c '. 12. First Readinqs, C:SoPJIf - 7,0/1 ~ 1.;1./1- tiøu/.õ ~@ 1 ~ ORDINANCE NO. 55-93: An ordinance amending Chapter 52, . c-O pr'! "Water" of the Code of Ordinances to provide for miscellaneous b .oJ' text revisions, increasing water deposits for tenants, changing 1: 00 /L" water rate structure to an inverted block schedule, and adding AitJ;J.J) ~ CI'" fees for various services. Ci ty Manager recommends approval. ~~ If passed public hearing sePte)ëer 28th. ~B. ORDINANCE NO. 56-93: alAn ordina~:P amending Chapter 54 O'ID~f "Sewers" of the Code of Ordinances to clarify the monthly o . customer charges where no water service is provided and to clarify the collection method of sewer service charges. City Manager recommends approval. If passed public hearing September 28th. al4 .1/-0 C. ORDINANCE NO. 57- 93: An ordinance amending Chapter 51, "Garbage and Trash" of the Code of Ordinances to provide for an increase in the rates for garbage, trash, recycling and separate vegetation collection services and to provide charges for 90-gallon cart service . City Manager recommends approval. If passed public hearing S~Ptem~er 28th. ,dIrt ¿j-J ~/ €:~t<.t~'c . ~~"C/3 . , 7 it tLV' 13. Comments and Inqu~r~es on Non-Agenda Items: 4-tJ. - . ¿ A. Commission B. City Attorney C. City Manager D. County and Municipal Issues -6- I' ,'11 I., " . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - SEPTEMBER 14. 1993 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE PRESENTATION PORTION OF THE AGENDA IS AMENDED TO INCLUDE: B. RESOLUTION NO. 85-93: A resolution recognizing Mr. Ben Bryant as Vice-President of MAD DADS in Delray Beach, Florida, and his personal commitment to fighting the illegal drug and crime problems in our~communitY. a ~ S-o C. RESOLUTION NO. 87-93: A resolution encouraging the American Orchid Society to relocate its headquarters and botanical garden in Delray Beach, Florida, at the Morikami Park. 5"-0 .. " ¡ I I I RESOLUTION NO. 85-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ,DELRAY BEACH, FLORIDA, RECOGNIZING MR. BEN BRYANT AS VICE-PRESIDENT OF MAD DADS IN DEL RAY BEACH, FLORIDA, AND I HIS PERSONAL COMMITMENT TO FIGHTING THE ILLEGAL DRUG AND CRIME PROBLEMS IN OUR COMMUNITY. i I WHEREAS, Ben Bryant has worked cl~sely with countless children I in the community to provide positive and enjoyable activities and to instill good moral values to our youth; and, WHEREAS, Ben Bryant has worked closely with the Delray Beach Police Department Community Policing Unit to help mobilize citizens to work toward eliminating crime and social problems, in an effort to improve the overall quality of life for all citizens; and, WHEREAS, Ben Bryant in the face. of personal retaliation against him by a cowardly act of arson to his home, has not wavered in his determination to help make the City of Delray Beach a better place in which to live; and, WHEREAS, Ben Bryant's active role in working with City Officials, Community Leaders and Law Enforcement helped the City of Delray Beach accomplish it's goal in becoming an ALL AMERICA CITY, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I I Section The City Commission of ! l. the City of Delray Beach, i Florida, is committed to abating crimes and drug abuse within the City I and supports the efforts of organizations such as MAD DADS. I Section 2. The City Commission of the City of Delray Beach, I Florida, condemns the unlawful acts against Ben Bryant, his family and i his property. ! i I Section 3. The City Commission of the City of Delray Beach, Florida, does hereby recognize Ben Bryant for his true dedication and commitment in working towards eliminating crime and drug abuse within our community as a member of MAD DADS. PASSED AND ADOPTED in regular session on this 14th day of September, 1993. MAY 0 R ATTEST: City Clerk 1 L~ '. · 15- 1_3 PROCLAMATION WHEREAS, the City of Del ray Beach does hereby recognize Mr. Ben Bryant for the leadership role he has taken as Vice President of Mad Dads in Delray Beach and his personal commitment to fighting the illegal drug and crime problems in our community, WHEREAS, Ben Bryant has helped to initiate a teen dance and worked closely with countless children in the community as a summer youth counselor to provide positive and enjoyable activities, and to instill good moral values to our youth, WHEREAS, Ben Bryant has worked closely with the Delray Beach Police Department Community Policing Officers to help mobilize citizens in numerous block associations, to develop a partnership between Police and Citizens, to work jointly towards eliminating crime and social problems in an effort to improve the overall quality of life for all citizens, WHEREAS, Ben Bryant, even in the face of personal retaliation against him and his family for his involvement with Law Enforcement and the cowardly act of arson to his home has not affected his determination to help make the City of Delray Beach a better place to live for everyone, WHEREAS, Ben Bryant took an active role in working with City Officials, Community Leaders, and Law Enforcement to help the City of Del ray Beach accomplish it's goal in becoming an ALL AMERICAN CITY, ,.. . --- NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Del ray Beach, Florida, do hereby proclaim 1993, as :.-------- "BEN BRYANT DAY" in honor of his true dedication and commitment to working with all the concerned citizen in our community towards eliminating the crime and drug problems that have had such a negative impact on each and every one of us. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Del ray Beach, Florida, to be affixed this 14th day of September, 1993. '. (.t~ ~ . , . Because of the recent bombing attempt at Mr. Ben Bryant 5r _ 's house I think we should consider a resolution to reconfirm OUI endorsement of the Mad Dads program, and Mr. Bryant individually_ The resolution could contain language to condemn the bombing and show the resolve of the citizens to take our city back from drug dealers and criminals. Delray Beach will be a safe place to live and any criminal will be hunted by the people not just our police. ?Ù(j~~)~~~k~ ~t~. ,X-¿ 1:;"" =t:. ~a~. ~ tk~ <. ~ . . (,- ~ Yrl etJ0 " '. " --~----_._- r ! , RESOLUTION NO. 87-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENCOURAGING THE AMERICAN ORCHID SOCIETY TO RELOCATE THEIR HEADQUARTERS AND THEIR BOTANICAL GARDEN IN DELRAY BEACH, FLORIDA, AT THE MORIKAMI PARK. WHEREAS, the American Orchid Society represents nearly 27,500 members in 115 countries worldwide; and, WHEREAS, the organization is the world's oldest plant society with a proud history of more than seventy years of service to its members; and, WHEREAS, as a not-for-profit organization, it is dedicated to the international scientific and educational research and information distribution for furthering. the development, improvement and preservation of orchids; and, WHEREAS, the American Orchid Society has maintained their headquarters in Palm Beach County since 1984¡ and, WHEREAS, their long range vision includes the construction of a botanical garden and conservatory that holds the potential for becoming a major addition to Palm Beach County's tourist industry with associated positive economic impacts¡ and, WHEREAS, the American Orchid Society is considering relocating i their headquarters outside of Palm Beach County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ¡ Section· 1 : The City of Delray Beach, Florida, strongly ¡ encourages the American Orchid Society to relocate their Headquarters I and Botanical Gardens in Delray Beach, Florida, at the Morikami Park. PASSED AND ADOPTED in regular session on this 14th day of I September, 1993. I ¡ , I MAY 0 R ATTEST: ) I City Clerk 1 I I '1L I I ,. "I' I~ · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ífìt1 SUBJECT: AGENDA ITEM it 1A - MEETING OF SEPTEMBER 14. 1993 RIGHT-OF-ENTRY AND LICENSE AGREEMENTS DATE: September 10, 1993 This item is before you to approve right-of-entry and license agreements with various property owners who may be affected by the roadway reconstruction project east of the Intracoastal Waterway. The agreements provide that the City will restore the owner1s land to its original condition upon completion of construction. In return, the owner agrees to hold the City harmless from any damage to the owner's property resulting from construction. The following property owners have executed agreements: Jean Marie Imperati George R. and Ellen Abell George J. and Lorraine Fisler Jerome T. and Eugenia Kerstin Robert J. Kenney et al. Boston's Inc. Recommend approval of right-of-entry and license agreements with the above property owners in conjunction with the roadway reconstruction project east of the Intracoastal Waterway. 6/0 .. C'ITY' P·TTOR'NEY'S OFFICE TEL ~~o. 407 278 4755 :::e p 10, '~j3 'J: 12 p' . Cl2 < ;I~;l.f<'~~;:.~, ,~', "'~~i~~~~\... '.' , , (",,;'..' '.,..;.¡",. [IT' DF oELAR' BERÉH 1<'; " ' . 0' CITY AI. .JRNEY'S OFFICE 20u j';W ht AVE¡';UE . DElRAY BEAUt, FLORIDA 33444 ft\C'S¡M1LE 407/2784755 W~L~.r·. o~~.c~ L~~_ (407) 243-7090 MEMORAN_D~ Date: September 10, 1993 To: City Commission l"rom: David N. Tolces, Assistant City Attorne~' Subject: Right of Entry Agreements with Various Property Owners - Roadway Reconstruction East of lntracoðst.al Wate~~y t~ÇWl -. Before you for approval are agreements with various propert,i owners whose property may be affected by th~ roadway recon- struction east of the ICW. As the a9reements are identical, rather than provide you with each agreement, the following page includes a list of all property owners who have entered into the agreement with the City. --- that the City will the The agreement provides restore owner's land to its original condition upon completion of the construction. The owner agrees to hold the City harmless tor any damage to the owner's property resulting from the construction. If you have a.ny questions regarding these agreements, plea5e call. DNT:sh Attachment cc: David Harden, City Manager Ralph Hayden, City Engineer Cheryl Leverett, Executive Assistant ontq.dnt .... ~ 'tt,,, ~ iii .6 ,.. .. *.... ""-,..... - - ·. 0ITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Sep 10,93 9: 13 P'.03 ! I Road construction Plan Project No. 92-02 I Property Owners List for I Construction Agreements , Jean Mar!e Imperat! , Lot 21, Block 2 Ocean Park Delray George R. , Ellen Abell South 55 Feet of West 135 Feet of NO. 1/2 of Lot 20 Beach Lots, Delray George J. and Lorraine Ftaler Lot 5, Block C John B. Re!ds Village Jerome T. & Eugenia Keratin Lots 17-19 Less East 2 ft, 8 inches/Block 2 Ocean Park Delray Robert J~.nnay at all Lots 14 to 16 Inc. Less West 2 ft. , 8 inches/Block 1, Ocean parK Delray and West 1/2 of Lot 8 (less N. 44Ft. ) and Lot 19 (less N. 44 Ft. of E. 20 Ft. and N. 5 Ft. of W. 10Ft. ) Block 1, Ocean Park Delray Boeton's Inc. W 75.5 Ft of Lots 11 to 13 Inc. Block 1, Ocean Park Delray and Lots 4 & 5 & E. 14 . 5 Ft. of Lots 11 to 13 Inc., Block 1, Ocean Park Delray .... ,. .... ,..._ a... ..& ,. \.& ...... ~ . - C1TY ~TTORNEY'S OFFICE TEL No. 407 273 4755 Sep 10,93 9: 13 P.04 . I . \ RIGHT OF ENTRY AND LICENSE AGREEMENT FOR UTILITY CONSTRUCTION PROJECT: Roadway Reconstruction Plan East of Intracoastal waterway PROJECT NO: 92-02 STREET: Gleason St. PROPERTY OWNER: George J. and Lorraine Fisler I d. : THIS AGREEMENT entered into this / ¡r:- day of , f/{f%~/d , , 1993, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY), and~..c"~t~c 0?- referred to as (OWNER), provides as follows: ----- WHEREAS, the CITY is desires to complete the utility construction and/or modifications indicated on Addendum A { and; WHER~S , the City has determined that the improvements are necessary to protect the PUblic health, safety, and welfare, and; WHEREAS, in order to complete said utility construction . i~ is necessary for the. CITY to enter upon and perform variou.s storage and construction tasks on the following described p~operty; Page 1 of 4 . it. .,~. ... ... ,"" ... & ,,a ,.... .. . - CiTY RTTORNEY'S OFFICE TEL No. 407 278 4755 Sep 10,93 9: 14 P.05 John B. Reids Villaqe Lot 5, Block C AND; WHEREAS, as part of this project, the CITY is willing to reconstruct the OWNER'S land to provide for improved drainage and ·pavi,nq in oonjunction with the CITY'S improvements, and restore the OWNER'S land, property, facilities and/or vegetation to its oríginal condition upon completion of the project At no expense to the owner. 1mEREAs I the proposed work excludes modifica.tions or improvements toex1sting bul1ðing structures. NOW, THEREFORE, in witness ot the above and in consideration ot the CITY agreeing to conduct the aforesaid utility construction and/or modifications, and to restore the property to its original condition, and for other good and valuable consideration in handrecei ved, OWNER hereby grants unto the CITY, their Employees, Agents, contractors, SUb-contractors, and/or Assigns the license and right to enter upon said land of OWNER for the purpose of conducting utility construction or modifioations. PAge 2 af 4 ."'"~ ... :."t'.f!b...a .a '-'*... ..... ' . C1 Pr' P'TTOR~ŒY' S OFF I CE TEL No. 407 278 4755 Sep 10,93 9: 14 P.06 , . 1. The above stated'recitals are incorporated herein I as it fully set forth herein. I I I 2. It is further agreed that for the previously referenced consideration, OWNER, hereby releases and holds the CITY harmless from any damages that result or might result to OWNER'S property as a result ot the CITY, the Employees, Agents, contractors, Sub-Contractors and/or Assigns cOl1dng upon said landfor the purposes previously stated. This paragraph shall apply except in cases of negligence, gross negligence or intentional acts of destruction which may occur during the utility construction. 3. It is further agreed that the license and rights granted herein shall cease upon completion and finalization of iñ~contract upon which saId construction is performed. 4. This Agreement constitutes the entire agreement and understandinq ot the parties, and supersedes all offers, negotia.tions, and other agreements. There are no representations or understandings ot any kind not set forth he:r:ein. Any amendments to this Agreement must be in writing and executed by both parties. I» WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement and three (3) counterparts Page 3 of 4 I,~ \,. ~.. 'tH. ~t.;, . ,þ,'''' . ,.. _. C 1 T·Y· 8-T TOR ~,JE Y 'S 0 F FIe E TEL No. 407 273 4755 S e p 1 0 , 93 9 : 1 5 P . 07 . . , .. ! each constituting an oriqinal upon the terms and conditions above stated on the date first set forth above. ~7 ~ ¿ --' 1: ~f~G'~- . /__"'-L A'~ Vf) R/ GE ' ~ CIT¥ OF DELRAY BEACH, FLORIDA ATTEST: Cit.y Clerk Approved as to Form: -- City Attorney Page 4 of 4 Jt.~...... " . ",'t, ., .. ';j "'- - '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER eM, SUBJECT: AGENDA ITEM # <{ R - MEETING OF SEPTEMBER 14. 1993 APPOINTMENT TO THE PARKING MANAGEMENT TEAM DATE: September 10, 1993 This item is before you to appoint a representative from the Planning and Zoning Board to the Parking Management Team to fill the vacancy created by the expired term of Mark Krall. In his capacity as a Planning and Zoning Board member, Mr. Krall served as the Board/s representative to the Parking Management Team. The Planning and Zoning Board, by informal consensus supports the nomination of Frank Wheat. The Board will make a formal recommendation at their September 13th meeting. A recommendation from the Community Redevelopment Agency is also required. They are scheduled to meet prior to Tuesday evening's meeting. A verbal report of both meetings will be provided Tuesday evening. Recommend appointment of a representative from the Planning and Zoning Board to the Parking Management Team, subject to the recommendations of the Planning and Zoning Board and Community Redevelopment Agency. ¿ .. .. "~ lJ '. tr7~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: VID T. HARDEN, CITY MANAGER Lµ\~)~U{1t>L. FROM: D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 14, 1993 APPOINTMENT OF P&Z BOARD MEMBER TO THE PARKING MANAGEMENT TEAM (PMT) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of appointment of a Planning and Zoning Board member to the Parking Management Team (PMT). The formal process for such an appointment involves a recommendation from the C.R.A. with appointment by the City Commission. In order to expedite the filling of a vacancy, this item has been scheduled for Commission consideration while a formal nomination is being pursued. BACKGROUND: The PMT has been created by Resolution of the City Commission. The Planning and Zoning Board is to be represented on the PMT. Mark Krall has served in that capacity, but with his departure from the Board, a vacancy presently exists. In P&Z worksession discussions, there is an apparent consensus to nominate Frank Wheat to the PMT. The Board will make its formal recommendation on Monday, September 13th. The C.R.A. will consider this vacancy at its regular meeting which will also occur prior to the City Commission meeting. RECOMMENDED ACTION: By motion, appoint a Planning and Zoning Board member to the Parking Management Team to fill the vacancy created by the departure of Mark Krall. DJK/CCPMT " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERM SUBJECT: AGENDA ITEM # gQ..., - MEETING OF SEPTEMBER 14. 1993 APPOINTMENT TO THE METROPOLITAN PLANNING ORGANIZATION TECH- NICAL ADVISORY COMMITTEE DATE: September 10, 1993 This item is before you to appoint the Planning and Zoning Director as the City's representative on the MPO TAC to fill the vacancy created by the resignation of the Traffic Engineer. This is an interim appointment, until such time as the Traffic Engineer position is filled. Recommend approval of the appointment of the Planning and Zoning Director as the City's representative on the MPO TAC. , '. ,. ~ " .. DK - ~Î C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~D T. HARDEN, CITY MANAGER . ~~?- FROM: J. KOVACS, CTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 14, 1993 NOMINATION TO THE MPO - TAC ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of nominatinq a City delegate to the Technical Advisory Committee of the Metropolitan Planning Organization for Palm Beach County. The MPO-TAC appointment process requires a nomination from the City with review and acceptance by the MPO. BACKGROUND: With the resignation and departure of Greg Luttrell, the City's former Traffic Engineer, the City is no longer represented on the Technical Advisory Committee (TAC) of the Metropolitan Planning Organization (MPO). While it appears that the Traffic Engineer's position will remain budgeted for FY 93/94, it is not anticipated that the position will be filled until the early part of 1994. Thus, in order to remain current with the TAC and MPO activities it is appropriate that another appointment be made at this time. In a discussion among the City Manager, the City Engineer, the Director of Environmental Services, and the Director of Planning, it is suggested that the Director of Planning be the appointee until such time as a new Traffic Engineer is retained, and that person becomes familiar with the needs, policies, and operation of the City. Also, the Traffic Engineer's position is to be housed within the Planning Department under the direct supervision of the Director of Planning. RECOMMENDED ACTION: By motion, nominate David J. Kovacs, Director of Planning, as the City's representative to the TAC of the MPO. DJK/CCMPO '. ·. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER é'7' SUBJECT: AGENDA ITEM # ~I> - MEETING OF SEPTEMBER 14. 1993 RESOLUTION NO. 79-93 DATE: September 10, 1993 This is a resolution rescinding Resolution No. 130-92; and vacating and abandoning a portion of the Via Verona right-of-way located at the south end of the Park Place development (formerly Verona Woods), but reserving and retaining to the City a utility easement over the entire area thereof. In response to a complaint from City Federal Saving and Loan, which owned the Verona Wood Subdivision, the City posted "NO THROUGH TRUCKS" signs at the intersection of Germantown Road and Via Verona. Subsequently, in February 1992, the City received another complaint from the owners of the Andover subdivision claiming that the City was obstructing their right to use the ingress/egress easement granted in 1958 for Via Verona. In order to remove the City from this conflict, staff recommended that a 801 x 125' portion of the Via Verona right-of-way be abandoned. The Commission passed Resolution No. 130-93 at the November 24, 1992 regular meeting, with the condition that replacement easements be granted. In attempting to obtain an easement deed from the adjacent property owner (Lot 42) , the City sought a partial release of mortgage. The mortgagee questioned the need for this release since the right-of-way area adjacent to Lot 42 is not included within the mortgage. In light of this situation, staff has reviewed and revised the abandonment process. From henceforth, when an abandonment takes place, and a replacement easement is needed, the easement will .be reserved through the resolution that is being enacted to abandon the right-of-way. To that end, Resolution No. 130-92 is being rescinded and Resolution No. 79-93 is placed before you for consideration. Recommend approval of Resolution No. 79-93 rescinding Resolution No. 130-92; vacating and abandoning a 80'x 125' portion of the Via Verona right-of-way; but reserving and retaining to the City a utility easement over the entire area thereof. < ·. . -~ ---..>- ._._-..... - -,..~..~...~. ,-,..~.- , ..------.----- ,,---,..-." .-..-..--.---- -, ..-. ..- RESOLUTION NO. 79-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RESCINDING RESOLUTION NO. 130-92; AND VACATING AND ABANDONING A PORTION OF THE VIA VERONA RIGHT-OF-WAY LOCATED AT THE SOUTH END OF THE PARK PLACE DEVELOPMENT (FORMERLY VERONA WOODS) , BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, is the owner of an 80 ft. by 125 ft. portion of the Via Verona right-of-way, as shown on the Plat of Verona Woods recorded in Plat Book 53, Pages 155 and l56, Public Records of Palm Beach County, Florida; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interests of the City of Delray Beach to vacate and abandon said portion of the right-of-way; and WHEREAS, there does remain a need to retain a general utilities easement in favor of the City over the entirety of the area which is to be abandoned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2 of Resolution No. 130-92, passed and adopted in regular session on November 24, 1992, provides that Resolution No. 130-92 shall not become effective and shall not be recorded until such time that a replacement easement, for existing utilities, is provided over the entire area to be abandoned. Inasmuch as said replacement easement has not been forthcoming, said Resolution No. 130-92 is hereby and forever rescinded. Section 2. That pursuant to Chapter 177.102(5) and Chapter 166 of the Florida Statutes, it is hereby determined that a portion of the Via Verona right-of-way shall be vacated and abandoned as a public street of the City of Delray Beach, Florida, but retaining and reserving to the City a utility easement over the entire area thereof for the purpose of constructing and/or maintaining either over or under the surface poles, wires, pipes, sewers, drains or other facilities used for various public utilities whether owned by the City or private corporations, more particularly described as follows: .. '. -^._.,-----~-,~_._---_._--~--.. -".------..-..--- ----_..--_... --.... A parcel of land in Section 30, Township 46 South, Range 43 East, being a portion of Via Verona; as shown on Verona Woods, according to the Plat thereof as recorded in Plat Book 53, Pages 155 and 156, Public Records of Palm Beach County, Florida, and being more particularly described as the South 125 feet of Via Verona as recorded in Plat Book 53, Pages 155 and 156, Public Records of Palm Beach County, Florida. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 14th day of September, 1993. ~~ ATTEST: '-ß~~~ Acting City Clerk - 2 - Res. No. 79-93 ! t '. · . -. - -- rY W"~ ~ r · - LINTON I LW,D.D. CANAL LAITRAL ~ ~ I~ ~( ~ ~ ~ LAKE ~êl;>oIl - ~~ ( ~~, / !S'¡--- ~ . C'R~AnON T)-- ~ ~ ~O"'D \ I "" I >- OftACAtHA ~ Ì'--- ^' ~ '" - ~ ......... ~~ ~ --- .........0 WAY I ............ ~ ~' j;- r-----. ~........ .........- ~- ~~V 1\ - ~ [x ~"AY ~ . - % d 3 V ~ ~)= ~ { - 115 r§ CD J.-.. ~! SAN R£WO WAY i __ ~~- R ~ (:::V '" ~ œ O"A' 4~ ..)-~ FÞ<\~ LATERAL L-J7 \ ' -l ._\.1/ - -('~ -~n-1 r I ~ , I T \, ..:- ~ - lJ» F-{ ~ ~ ~ I VIA VERONA l ~ '( \-' ,I" ~ I '. c J:..- " (1\" . C I T Y COM MIS S ION DOC U MEN TAT ION TO: D T. HARDEN, CITY MANAGER THRU: ZONING FROM: SUBJECT: MEETING OF SEPTEMBER 14, 1993 RESCINDMENT OF ABANDONMENT RESOLUTION 130-92 AND ENACTMENT OF A NEW ABANDONMENT RESOLUTION TO ABANDON A PORTION OF THE VIA VERONA RIGHT-OF-WAY ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of rescindment of Resolution 130-92 and enactment of a new abandonment resolution. Resolution 130-92 abandoned an 80' x 125' portion of the Via Verona right-of-way. The subject right-of-way is located at the south end of the Park Place development. Park Place (formerly Verona Woods) is located south of Germantown Road and west of Homewood Boulevard. BACKGROUND: On November 24, 1992 the City Commission abandoned an 80' x l25' portion of the Via Verona right-of-way through the enactment of Resolution 130-92. The basis for this abandonment was to effectively remove the City from a private dispute between two property owners (Park Place and Andover Phase III) over access rights through Park Place. While Resolution 130-92 was approved, a condition was attached which stated that the resolution would not become effective and would not be recorded until such time that a replacement easement, for existing utilities, was provided over the area which was to be abandoned. Therefore, an easement deed was needed. In attempting to obtain the deed, the City sought a partial release of mortgage from the owner of the adjacent lot.The adjacent property owners' mortgagee, Nations Bank, continually questioned the need for this release since the right-of-way area adjacent to Lot 42 is not included within the mortgage. '. ,. City Commission Documentation Via Verona Abandonment Page 2 In light of this situation, we reviewed our abandonment process and have altered procedures in order to "streamline" it. From henceforth, when an abandonment takes place and a replacement utility easement is needed, that easement will be reserved through the resolution that is being enacted to abandon the right-of-way. To this end Resolution 130-92 is being rescinded and a new resolution, which will reserve a utility easement over the abandoned area, is being enacted. PLANNING AND ZONING BOARD CONSIDERATION: Please see the attached City Commission documentation for a report on the previous Planning and Zoning Board consideration. RECOMMENDED ACTION: By motion, rescind Resolution 130-92 and approve the abandonment of the southern portion of the Via Verona right-of-way through the enactment of a new resolution. Attachment: * Previous City Commission Documentation & Location Map T.RESCINDC.DOC '. C I T Y COM MIS S ION DOC U MEN TAT ION TO: __~AV-¡D T. HARDEN, CITY MANAGER /' , ,\ ' ( \ ' . ",. \ ~ ~[:ili(Y , I C _ THRU: -iJÃVI~ ~ S, DIREC R D AR F P ING AND ZONING FROM: II SUBJECT: MEETING OF NOVEMBER 24, 1992 ABANDONMENT OF A PORTION OF THE PUBLIC RIGHT-OF-WAY KNOWN AS VIA VERONA ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of an 80' x 125' portion of the Via Verona right-of-way. The subject right-of-way is located at the south end of the Park Place development. Park Place (formerly Verona Woods) is located south of Germantown Road and west of Homewood Boulevard. BACKGROUND: During the last few years there has been a dispute as to rights of access and the relationship between the Via Verona right-of-way and an underlying easement which gives certain rights to what is known as the Andover Phase III development. In researching this matter, the City Attorney's Office noted that there is excess right-of-way at the south end of Via Verona and -that it would be appropriate to have it abandoned. This item was initiated administratively and is being processed. Please refer to the attached Planning and Zoning Board staff report for a more in-depth discussion of the background and for an analysis/assessment of the request. . PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of November 16, 1992. Mr. Tom Fleming, representing interests of the property owner to the south (Andover Phase III) provided further background and requested that the abandonment .. . . Ci ty Commiss i\. Documentation Abando,nment or a Portion of Via Verona Page 2 not be approved. On a 4-2 vote (Beer and Kiselewski dissenting), the Board recommended DENIAL of the abandonment; and further, that the Commission should direct to have the "NO , THROUGH TRUCKS" signing at the intersection of Via Verona and Germantown Road removed. The Board's recommendation was based more upon the appropriateness of the action as opposed to a need for the right-of-way for public purposes. In essence, the Board felt that the abandonment of the Via Verona right-of-way would not solve the problems (dispute) which exists and would only serve to "muddy the waters". During consideration it was generally acknowledged that the right-of-way could, otherwise, be abandoned since 1) it was not planned as a connector road; and, 2) it is unused and unimproved. In addition, the abandonment of this section of right-of-way would not diminish rights relating to the underlying easement. ALTERNATIVE ACTIONS: 1- Deny the Administration initiated request for abandonment pursuant to the recommendation of the Planning and Zoning Board. 2. Approve the requested abandonment subject to the following conditions and waiver: * That a replacement easement, for existing utilities, be provided over the area which is to be abandoned. * That the requirement for consummation by platting be waived. RECOMMENDED ACTION: Commission's discretion. - Attachment: * P&Z Staff Report . T:VERONACC.DOC '. .. . - .. . --- ~ "\. 'It " TH a --- - 8, Y [ - LINTON LW,O.O. CANAL ~T£RAL 3 -~ II l\C '--- - þ, , )~ I ~ CT. lAKE ~ ~ ~ ~~ (~, / ~~ ~ 'C"~NAnON T~ ~_ ~ \11 '1 ):: - ~ ~ACA[HA ~ '" - '" ~( r----:::::: r ~ - ~,"OWAY ~ ~ ~- r------. ~ ,- ~ ~~ I~ ~ \; \:"-! ~ ~"AY ~ . . ~ ~ ~ Cit _ m Pi '\. i >- ~ 3 ~ SAH "'OWAY i _ ~~~ 'f ~ "- "'- 1 I ~( i \" / I "" 0~'DA WAY Ù ~/--"ì ,\ LATERAL L-37 I~ \ I --1\ JIJ . ~ ..... -n \, I I ~ ¡' T \ ~ I-)lj -) ~1 Bt I~ ~ r 1,,/ VIA VERONA rë\- I' ~ " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM # \Çb - MEETING OF SEPTEMBER 14. 1993 RENEWAL OF BANKING SERVICES AGREEMENT/BARNETT BANK DATE: September 10, 1993 This item is before you to approve the renewal of the banking services agreement with Barnett Bank for a one year period ending September 30, 1994. Staff has negotiated a proposed service fee schedule with Barnett Bank which reflects a reduction in the lockbox pricing, deposit fees and the fee charged on the Master Repurchase Agreement. These reductions equate to approximately $25,000 annually. Additionally, the agreement provides for two additional one-year renewal options with the pricing to be reviewed annually. A detailed staff report is attached as backup material for this item. Recommend approval of the renewal of the banking services agreement with Barnett Bank for a one year period ending September 30, 1994. ,. .. . - Agenda Item No. : AGENDA REQUEST Date: 09-01-93 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 09-14-93 Description of agenda item (who, what, where, how much): Renewal of Banking Services Contract through September 30, 1994 with the pr1c1ng as per attached. The Contract includes two one-year options to renew with pricing re- viewed annuallv. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend renewal of contract upon contract review by the City Attorney's Office. r --- Department Head Signature: Determination of Consistency n/a City Attorney Review/ Recommendation (if applicable): Yes Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives: 001-1511-513-31.90 Account No. & Description: ~.~ Account Balance: 433-3711-534-31.90 441-5112-536-31.90 City Manager Review: Approved for agenda: @/ NO M Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .. .. M E M 0 RAN DUM TO: David T. Harden City Manager .--- FROM: Joseph M. ~o~ Director of Fina e SUBJECT: Banking Service ontract Renewal DATE: September 1, 1993 The City's Banking Services Agreement with Barnett Bank is up for renewal. The City has the right to exercise a one-year option to renew our contract. We have negotiated the services fee schedule with Barnett Bank (which is attached) . The proposed services fee schedule reflects a reduction in the lockbox pricing, the deposit fees and the fee charged on the Master Repurchase Agreement. The new contract period will also provide for two one-year options to renew with pricing reviewed annually. The change in contract pricing results in a savings of approximately $25,000 per year. Following is more detail on these fee reductions: l. A decrease in the lockbox charges of approximately $440/month or $5,300 per year. This assumes that the City converts its utility bill to an OCR scannable document. Barnett Bank will continue its current pricing for lockbox until the lockbox operation is converted. 2. A decrease in the amount charged for items deposited will result in a reduction of approximately $600 per month or $7,200 per year. The charges for items deposited will now be broken down by type of check deposited. We are currently charged a blended rate for on-us checks, local clearings, Florida and out-of-State items. 3. A decrease in the Master Repurchase Agreement charge from 75 basis points (or .75%) off the Repurchase Agreement investment to 25 basis points (or .25%) of the investment equates to a savings of approximately $12,500 in soft dollar costs assuming an average investment balance of $2,500,000. We compared the pricing offered by Barnett Bank to pricing offered by those banks that offer these services and applied it to our average volume of work processed. Barnett Bank's fee schedule for these services was the lowest (see attached) . We have been satisfied with Barnett Bank's level of service and recommend that the City continue its banking service relationship upon review and approval of the contract by the City Attorney's Office. JMS/rso/sam Attachments cc: Rebecca S. O'Connor, Treasurer '. " ---------- ------------ ------------- ------------ ------------- ------------ ---------- ------------ ------------- ------------ ------------- ------------ AVG CURRENT PROPOSED PROPOSED PROPOSED PROPOSED VOLUME FEE AT FEE AT FEE AT FEE AT FEE AT BARNETT BANK BARNETT BANK 1ST UNION SUN BANK NATIONSBANK ------------------------------------ ---------- ------------ ------------- ------------ ------------- ------------ FDIC INSURANCE 2,000 0.160 0.160 0.160 0.159 0.160 BASIC SERVICES ACCOUNT MAINTENANCE 9 9.000 9.000 15.000 10.000 10.000 DEPOSITS CREDITED 50 0.300 0.300 0.500 0.300 0.250 ITEMS DEPOSITED 13,000 0.090 ON-US ITEMS, LOCAL CLEARINGS 6,240 0.035 0.035 0.035 0.040 FLORIDA ITEMS 5,200 0.045 0.045 0.050 0.060 OUT OF STATE ITEMS 1,560 0.060 0.060 0.060 0.080 ITEMS PAID 'J "'J" 0.130 0.130 0.110 0.075 0.100 ¡.,..JL.J CASH SERVICES COIN ROLLINS 52 0.000 0.000 0.100 0.200 0.050 CURRENCY {PER STRAP/$lmì 0.550 0.800 0.500 DEPOSIT SERVICES ITEMS RETURNED 28 3.000 3.000 3.500 1.500 2.500 RERUN ITEMS "< 2.000 2.000 1.500 1.500 2.000 ,j'J ENCODING DEPOSITS 13,000 0,000 0.020 0.020 INVESTMENT SERVICES SWEEP INVESTMENT SERVICE 1 150.000 150.000 125.000 0.000 150.000 CONTROLLED DISBURSEMENT 1 0.000 0.000 100.000 50.000 110.000 CONTROLLED DISBURSEMENT NOTIF. 0 100.000 0.000 100.000 TEA SYSTEM . 60.000 60.000 i MASTER ACCOUNT 1 25.000 10.000 50.000 SU8SIDIARY ACCOUNTS ., 15.000 5.000 10.000 L RECONCILIATION SERVICES DEPOSIT RECONCILIATION MAINT. 1 40.000 40.000 50.000 25.000 40.000 PARTIAL RECON-MAINTENANCE ., 15.000 15.000 25.000 25.000 40.000 i.. FINE SORT PER ITEM 2,ìOO 0.000 0.030 0.020 DEPOSIT RECON PER ITEM .." 0.100 0.100 0.080 0.120 0.070 oJ..! PARTIAL RECON PER ITEM 2,675 0.045 0.045 0.060 0.045 0.035 RECONCILIATION REJECTS 10 0.150 0.150 0.000 0.000 0.000 WIRE TRANSFER SERVICES WIRE TRANSFERS - OUTGOING 15 8.000 8.000 9.000 ì.OOO 9.000 WIRE TRANSFERS - INCOMING 4 8.000 8.000 b.OOO 7.000 8.000 PHONE CALLS " 0.000 0.000 ..! OTHER SERVICES COURIER DELIVERY CHARGE . 290.000 290.000 200.000 2ì5.000 0.000 STOP PAYMENTS r:: 0.000 0.000 18.000 15.000 10. 000 '" SUB-TOTAL LOCKBOX SERVICES - WHOLESALE ¡WATERì MONTHLY MAINTENANCE 1 40.000 40.000 70.000 50.000 150.000 ITEMS PROCESSED 8,500 0.200 0.200 0.260 0.280 0.200 DATA CAPTURE 19,250 0.000 0.000 0.000 0.000 0.000 CORRESPONDENCE 350 0.200 0.200 0.180 0.000 0.050 DATA COMMUNICATION 20 5.000 5.000 10.000 25.000 20.000 '. '. ---------- ------------ ------------- ------------ ------------- ------------ ---------- ------------ ------------- ------------ ------------- ------------ AVG CURRENT PROPOSED PROPOSED PROPOSED PROPOSED VOLUME FEE AT FEE AT FEE AT FEE AT FEE AT BARNETT BANK BARr~ETT BANK 1ST UNION SUN BANK Nil T I ONSBAt~K ------------------------------------ ---------- ------------ ------------- ------------ ------------- ------------ LOCKBOX SERVICES - WHOLESALE IO.L.)* MONTHLY MAINTENANCE 0.25 40.000 40.000 70.000 50.000 150.000 ITEMS PROCESSED 500 0.200 0.200 0.260 0.280 0.200 DATA CAPTURE 1,000 0.000 0.000 CORRESPONDENCE '1~ 0.200 0.200 0.180 0.000 0.050 LoJ DATA COMMUNICATION '1 5.000 5.000 10.000 25.000 20.000 L *ANNUALI ZED LOCKBOX SERVICES - RETAIL MONTHLY MAINTENANCE 1 100.QOO 100.000 200.000 100.000 150.000 ITEMS PROCESSED 8,500 0.145 0.145 H 0.100 0.180 0.100 DATA CAPTURE 19,250 0.000 0.000 0.000 0.000 0.000 CORRESPDNDEt~CE 350 0.100 0.100 0.180 0.000 0.050 DATA COMMUNICATION 20 5.000 5.000 10.000 25.000 20.000 nMAXIMUM QUOTE REPURCHASE AGREEMENT FEE (IN PERCENT) 0.75 0.25 0.24 0.50 0.40 " ---------- ------------- ------------- ------------ ------------ ----------- ---------- ------------- ------------- ------------ ------------ ----------- AVG CURRENT PROPOSED PROPDSED PROPOSED PROPOSED VOLUME AMDUNT AMOUNT AMOUNT AMOUNT AMOUNT CHARGED CHARGED CHAR6ED CHAR6ED CHAR6ED BARNETT BANK BARNETT BANK 1ST UNION SUN BANK NA TI ONSBAt~K ------------------------------------ ---------- ------------- ------------- ------------ ------------ ----------- FDIC INSURANCE 2,000 319.40 319.40 320.00 31B.00 320.00 BASIC SERVICES ACCOUNT I'IAINTENANCE 9 81.00 B1.00 135.00 90.00 90.00 DEPOSITS CREDITED 50 15.00 15.00 25.00 15.00 12.50 ITEMS DEPOSITED 13,000 1,170.00 0.00 0.00 0.00 0.00 DN-US ITEI'IS, LOCAL CLEARINGS 6,240 0.00 218.40 218.40 218.40 249.bO FLORIDA ITEMS 5,200 0.00 234.00 234.00 2bO.00 312.00 OUT OF STATE ITEI'IS 1,560 0.00 93.60 93.60 93.60 124.80 ITEMS PAID 2,525 328.25 328.25 27ì.75 189.38 252.50 CASH SERVICES COIN ROLLING 52 0.00 0.00 5.20 10.40 2.bO CURRENCY ¡PER STRAP/$lmi 0.00 0.00 0.00 0.00 0.00 DEPOSIT SERVICES ITEMS RETURNED 23 84.00 84.00 93.01) 42.00 70.00 RERUN ITEMS r.,. 106.00 106.00 79.50 79.50 106.00 ..¡.,;, ENCODING DEPOSITS 13,000 0.00 0.00 0.00 260.00 260.00 INVESTMENT SERVICES SWEEP INVESTMENT SERVICE 1 150.00 150.00 125.00 0.\)0 150.00 CONTROLLED DISBURSEMENT . 0.00 0.00 100.00 50.00 110.00 CONTROLLED DISBURSEMENT NOTIF. 0 0.00 0.00 0.00 0.00 0.00 TBA SYSTEM 1 60.00 60.00 0.00 0.00 0.00 MASTER ACCOUNT 1 0.00 0.00 25.00 10.00 50.00 SUBSIDIARY ACCOUNTS 2 0.00 0.00 30.00 10.00 20.00 RECONCILIATION SERVICES DEPOSIT RECONCILIATION MAINT. 1 40.00 40.00 50.00 25.00 40.00 PARTIAL RECON-MAINTENANCE ... 30.00 30.00 50.00 50.00 80.00 l. FINE SORT PER ITEM 2,700 0.00 0.00 0.00 81. 00 54.00 DEPOSIT RECON PER ITEM .,.r 3.50 3.50 2.80 4.20 2.45 ,J"¡ PARTIAL RECON PER ITEM 2,675 120.38 120.38 160.50 120.38 93.63 RECONCILIATION REJECTS 10 1.50 1.50 0.00 0.00 0.00 WIRE TRANSFER SERVICES WIRE TRANSFERS - OUTGOING 15 120.00 120.00 135.00 105.00 135.00 WIRE TRANSFERS - INCOMING 4 32.00 32.00 24.00 28.00 32.00 PHONE CALLS r 0.00 0.00 0.00 0.00 0.00 .' OTHER SERVICES COURIER DELIVERY CHARGE 1 290.00 290.00 200.00 275.00 0.00 STOP PAYMENTS 5 0.00 0.00 90.00 75.00 50.00 ------------- ------------- ------------ ------------ ----------- SUB-TOTAL 2,951.03 2,327.03 2,478.75 2,409.85 2,617.08 LOCKBOX SERVICES - WHOLESALE (WATER) MONTHLY MAINTENANCE 1 40.00 40.00 70.00 50.00 150.00 ITEMS PROCESSED 8,500 1,700.00 1,700.00 2,210.00 2,380.00 1,700.00 DATA CAPTURE 19,250 0.00 0.00 0.00 0.00 0.00 CORRESPONDENCE 350 70.00 70.00 b3.00 0.00 17.50 DATA COMMUNICATION 20 100.00 100.00 200.00 500.00 400.00 ------------- ------------- ------------ ------------ ----------- 1,910.00 1,910.00 2,543.00 2,930.00 2,267.50 '. ---------- ------------- ------------- ------------ ------------ ----------- ---------- ------------- ------------- ------------ ------------ ----------- AVG CURRENT PROPOSED PROPOSED PROPOSED PROPOSED VOLUME AMOUNT {¡MoutH AMOUNT AMOUNT A!'IOUNT CHARGED CHARGED CHARGED CHARGED CHARGED BARNETT BANK BARNETT BANK 1ST UNION. SUN BANK NATION.SBANK ------------------------------------ ---------- ------------- ------------- ------------ ------------ ----------- LOCKBOX SERVICES - WHOLESALE (D.L.)f MONTHLY MAINTENANCE 0.25 10.00 10.00 17.50 12.50 37.50 ITEMS PROCESSED 500 100.00 100.00 130.00 140.00 100.00 DATA CAPTURE 1,000 0.00 0.00 0.00 0.00 0.00 CORRESPONDENCE ')0:: 5.00 5.00 4.50 0.00 1.25 I.'" DATA COMMUNICATION .., 10.00 10.00 20.00 50.00 40.00 i. ------------- ------------- ------------ ------------ ----------- ¡ANNUALIZED 125.00 125.00 172.00 202.50 178.75 LOCKBOX SERVICES - RETAIL MONTHLY MAINTENANCE 1 100.00 100.00 200.00 100.00 150.00 ITEMS PROCESSED 8,500 1,232.50 1,232.50 850.00 1,530.00 850.00 DATA CAPTURE 19,250 0.00 0.00 0.00 0.00 0.00 CORRESPONDENCE 350 35.00 35.00 63.00 0.00 17.50 DATA COMMUNICATION 20 100.00 100.00 200.00 500.00 400.00 ------------- ------------- ------------ ------------ ----------- 1,467.50 1,467.50 1,313.00 2,130.00 1,417.50 REPURCHASE AGREEMENT FEE (IN PERCENT) 1,562.50 520.83 500.00 2,083.33 833.33 BASED ON $2.5 MILLION DOLLAR AVB BALANCE TOTAL FOR WHOLESALE LOCKBOX OPERATION OF BOTH 6,548.53 4,882.86 5,693.75 7,625.68 5,896.66 THE UTILITY BILLS AND THE OCCUPATIONAL LrCENSES ------------- ------------- ------------ ------------ ----------- ------------- ------------- ------------ ------------ ----------- TOTAL FOR RETAIL LOCKBOX OPERATION FOR THE UTILITY BILLS AND WHOLESALE LOCKBOX FOR OCCUPATIONAL 6,106.03 4,440.36 4,463.75 6,B25.68 5,046.66 LICENSES ------------- ------------- ------------ ------------ ----------- ------------- ------------- ------------ ------------ ----------- DIFFERENCE DUE TO OCR AUTOMATION 442.50 442.50 1,230.00 800.00 850.00 '. EXHIBIT A BANKING SERVICES ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- LIST OF SERVICES UNIT COST ----------------------------------------------------------------------------------------- FDIC INSURANCE 0.160 BASIC SERVICES ACCOUNT MAINTENANCE 9.000 DEPOSITS CREDITED 0.300 ITEMS DEPOSITED (LOCKBOX¡ ON-US ITEMS, LOCAL CLEARINGS 0.035 FLORIDA ITEMS 0.045 OUT OF STATE ITEMS 0.060 ITEMS DEPOSITED (OVER THE COUNTER) ON-US ITEMS 0.06 LOCAL CLEARINGS 0.08 FLA, OUT OF STATE ITEMS 0.09 ITEMS PAID 0.130 CASH SERVICES COIN ROLLING 0.000 CURRENCY (PER STRAPí$lm) 0.000 DEPOSIT SERVICES ITEMS RETURNED 3.000 RERUN iTEMS 2.000 ENCODING DEPOSITS INVESTMENT SERVICES SWEEP INVESTMENT SERVICE 150.000 CONTROLLED DISBURSEMENT 0.000 CONTROLLED DISBURSEMENT NOTIF. 0.000 TSA SYSTEM 60.000 RECONCILIATION SERVICES DEPOSIT RECONCILIATION MAINT. 40.000 PARTIAL RECON-MAINTENANCE 15.000 FINE SORT PER ITEM 0.000 DEPOSIT RECON PER ITEM 0.100 . PARTIAL RECON PER ITEM 0.045 RECONCILIATION REJECTS 0.150 WIRE TRANSFER SERVICES WIRE TRANSFERS - OUTGOING 8.000 WIRE TRANSFERS - INCOMING 3.000 PHONE CALLS 0.000 OTHER SERVICES COURIER DELIVERY CHAR6E 290.000 STOP PAYMENTS 0.000 LOCKBOX SERVICES - WHOLESALE MONTHLY MAINTENANCE 40.000 ITEMS PROCESSED 0.200 '. · DATA CAPTURE 0.000 CORRESPONDENCE 0.200 DATA COMMUNICATION 5.000 LOCKBOX SERVICES - WHOLESALE MONTHLY MAINTENANCE 40.000 ITEMS PROCESSED 0.200 DATA CAPTURE 0.000 CORRESPONDENCE 0.200 DATA COMMUNICATION 5.000 LOCKBOX SERVICES - RETAIL MONTHLY MAINTENANCE 100.000 ITEMS PROCESSED 0.145 DATA CAPTURE 0.000 CORRESPONDENCE 0.100 DATA COMMUNICATION 5.000 HMAXIMUI'! QUOTE REPURCHASE ASREEMENT FEE 25 BASIS POINTS OFF OF FED FUNDS RATE BANKINS SUPPLIES AT COST '. · SECOND AMENDMENT TO THE BANKING SERVICES AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND BARNETT BANK OF PALM BEACH COUNTY THIS AMENDMENT, made and entered into this - day of , 1993, by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, (hereinafter referred to as "City"), and BARNETT BANK OF PALM BEACH COUNTY, (hereinafter referred to as "Bank"). WHEREAS, the City and the Bank previously entered into a Banking Services Agreement dated April 12, 1988 ("Agreement") which was extended until October 1, 1992; and WHEREAS, the City entered into an amendment to the contract dated January 7, 1993; and WHEREAS, the parties hereto desire to revise certain provisions of the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual obligations of the parties as set forth in the Agreement and as set forth below, the parties agree to amend the Agreement is hereby revised to read as follows: 1. Section I of the Agreement is hereby revised to read as follows: I. BANKING AND TRUST SERVICES; TERM OF AGREEMENT The Bank agrees to provide the banking services to the City as set forth in this agreement for a period of one year, commencing on October 1, 1993 and terminating on September 30, 1994. The Agreement may be extended beyond the contract term for up to two additional twelve (12) month periods by mutual written consent. Either party shall have the option, however, to terminate the terminate the contract without cause upon giving 120 days advance written notice to the other party. - 2. Section II, Paragraph A.1. of the Agreement is hereby revised to read as follows: The charges outlined in the cost of banking services proposal as stated in ,. "¡,,,, Exhibit A to this Amendment shall remain unchanged effective October 1, 1993 through September 30, 1993. Pricing will be reviewed on an annual basis thereafter. Additional services not listed in Exhibit A which the Bank provides to the City will be agreed upon at the. time the service is implemented. FDIC insurance fees are subject to adjustment if increased or decreased by FDIC by the amount of the change. Negative collected balances are calculated daily and charged at a rate of prime rate plus two percent. 3. Section V, Paragraph C, is hereby revised to read as follows: C. Sweep Type Account The Bank will establish a Master Account and transfer to the Master Account all collected balances in the City's accounts at the close of each business day. The total balance in the Master Account over the target set to pay for bank services will be invested in either a Repurchase Agreement or Money Market Fund, as described below, pursuant to the City's instruction. l. Repurchase Agreement - The minimum investment is $100,000 with increments of whole dollars thereafter. It is the City's understanding that Federal Reserve Board Regulation securities backed repurchase agreements are not considered "deposits" and are, therefore, exempt from reserve requirements. The interest rate established for the account shall be determined from the average of the high and low federal funds rate for the previous week, as published by Barnett Bank and shall remain in effect until a new average rate is published. The formula to be used for calculating the amount for the daily repurchase agreement is Federal Funds rate {x. xx!¡) minus .25. U.S. Securities as further described in the repurchase agreement dated April 12, 1988 must be used as collateralization for the Master Repurchase Agreement. The securities will be deposited in the City's account with a third party of the City's choice or in the Bank's account at the Federal Reserve. '. ';1 I~ Securities held at the Federal Reserve will be in the Bank's name pledged to the City of Delray Beach. Only the City's authorized signature will be acceptable to release said collateral. The securities used for collateralization must be in the amount of $5,000,000 and must be at least 102% of the overnight amount of the repurchase agreement. Any amount in excess of the $5,000,000 must be invested in an qvernight repurchase agreement and must also maintain at least 102% collateralization. The securities in excess of $5,000,000 may be kept at a third party of the Bank's choice. The Bank wili provide a confirmation of securities held as collateral for the Master Repurchase Ag~eement. The City reserves the right to purchase investments through any other financial institution or broker it deems appropriate. 2. Money Market Fund - The minimum investment is $25,000.00 with increments of whole dollars thereafter. The interest rate established for the account shall be determined from the type of fund selected: Emerald Treasury Shares or Emerald Prime Shares. Daily rates are provided by calling 1-800-367-5905. 4. That all other terms and conditions of the Agreement dated April 12, 1988 between the parties, except as may be in conflict with this Amendment, shall remain in full force and effect. This Amendment supersedes Amendment 1 dated January 7, 1993. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of this day'and year first above written. WITNESS: BARNETT BANK OF PALM BEACH COUNTY By: (Signature of Witness) (Signature printed or typed) (Signature printed or typed) (SEAL) ,. "II I~ ,. . STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of , 1993, by (name of officer or agent, title of officer or agent, of Barnett Bank of Palm Beach County (name of corporation acknowledging), a Florida (state or place of incorporation), corporation, on behalf of the corporation. He/She is personally known to me/or has produced (type of identification as identification and did (did not) take an oath. Signature of Notary Public State of Florida Print, Type or Stamp Name of Notary Public ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Thomas Lynch, Mayor City Clerk Approved as to Form and Legal Sufficiency: City Attorney ,. "I"', ., - . . [ITY DF DELRAY BEA[H CITY ATTORNEY'S OF:FICE '.\ 1;r ,,\\TNUE . DEI.RAY BEA.CH, FLORIDA 33444 1· :\z···<; 1\111.1:, 41.J7:~1. ¡,~-.~ 755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: September 10, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Garcon and Jacquet vs. the City of Delray Beach Our office has received a written demand of settlement in the amount of $l5,000.00 per Plaintiff for a total of $30,000.00 in the above-stated case. This case arises out of an automobile accident which occurred on May 19, 1991. Our office, at this time, recommends denial of this settlement offer. By copy of this memorandum to David Harden, City Manager, our office requests that this settlement denial be placed on the City Commission consent agenda for the September 14, 1993 City Commission meeting. questions, please call. SAR:ci cc David Harden, City Manager garcon. ear DF ,. '. . . ~ Law Offices of OSCAR SYGER 155 SOUTH MIAMI AVENUE PENTHOUSE I MIAMI, FLORIDA 33130 ----- TELEPHONE, D05} 539,9200 '3051539,9222 r;- rfBìŒ©@DïWŒ ~ Ii r--_"n August 19, 1993 ¡~ .au; 20 ., Susan A. Ruby, Esquire Assistant City Attorney City Attorney, Delray Beach 200 N. W. First Avenue Delray Beach, Florida 33444 Re: Jacquet and Garcon v. City of Delray Beach Case No. 93-5904 Demand for Settlement Dear Ms. Ruby: This letter serves to demand upon the City of Delray Beach a payment of $15,000.00 to Nixon Jacquet and a payment of $15,000.0~ Jean Garcon in exchange for a general release for all of their claims arising out of the automobile accident of May 19, 1991. It is clear that their losses are the direct result of the negligence of Officer Swigert whose vehicle left the roadway and travelled into a parking lot striking these two fine gentlemen who were pedestrians at the time of this impact. The reasonable jury verdict value of each of these gentlemen's losses is in the range of $10,000.00 to $30,000.00. Your office has been supplied with all pertinent documentation regarding medical expenses and medical reports. Nevertheless, if you feel you need any additional documentation or a re-delivery of the documentation, please contact me at once so that I may accommodate your request. This offer is open for a period of thirty (30) days from the date of this letter after which time it is automatically withdrawn. This letter is furnished to you as a settlement offer defined by F.S. 90.408. Accordingly, the contents of this letter may not be revealed to any trier of fact in the event that this matter is not settled in accordance with the terms of this letter. Very truly yours, ~ ~ OSCA~ OS: ja Enclo~ur~ t ;;',,*, . 't' ~. t',_ .. t ..,"'" ,<I t_ oo ,. ¥ . [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 :>:W ]" rWENl'E . UE!.RAY BEACH, FLORIDA 33444 L-\CS!\1JLE ~l::7/:;¡,;"'-,'¡7.:::'-' Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: September 10, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Garcon and Jacquet vs. the City of Delray Beach Our office has received a written demand of settlement in the amount of $15,000.00 per Plaintiff for a total of $30,000.00 in the above-stated case. This case arises out of an automobile accident which occurred on May 19, 1991. Our office, at this time, recommends denial of this settlement offer. By copy of this memorandum to David Harden, City Manager, our office requests that this settlement denial be placed on the City Commission consent agenda for the September 14, 1993 City Commiss~ meeting. questions, please call. SAR:ci cc David Harden, City Manager garcon.sar " 'It , . t 0','4, '" f( 11 .t'k, " " " ", '~'.... ,. " ~ Law Offices of OSCAR SYGER 155 SOUTH MIAMI AVENUE PENTHOUSE, MIAMI, FLORIDA 33'30 TELEPHONE (305' 539-9200 1305> 5399222 r---·-- !ír\\~Œ © ~ O\yJ~ Ii I J Ir--'---- i~.~ I ALA1 2 0 IIIi August 19, 1993 Susan A. Ruby, Esquire Assistant City Attorney City Attorney, Delray Beach 200 N. W. First Avenue Delray Beach, Florida 33444 Re: Jacquet and Garcon v. City of Delray Beach Case No. 93-5904 Demand for Settlement Dear Ms. Ruby: This letter serves to demand upon the City of Delray Beach a payment of $15,000.00 to Nixon Jacquet and a payment of $lS,OOO.O~Jean Garcon in exchange for a general release for all of their claims arising out of the automobile accident of May 19, 1991. It is clear that their losses are the direct result of the negligence of Officer Swigert whose vehicle left the roadway and travelled into a parking lot striking these two fine gentlemen who were pedestrians at the time of this impact. The reasonable jury verdict value of each of these gentlemen's losses is 1n the range of $10,000.00 to $30,000.00. Your office has been supplied with all pertinent documentation regarding medical expenses and medical reports. Nevertheless, if you feel you need any additional documentation or a re-delivery of the documentation, please contact me at once so that I may accommodate your request. This offer 1S open for a period of thirty (30) days from the date of this letter after which time it lS automatically withdrawn. This letter is furnished to you as a settlement offer defined by F.S. 90.408. Accordingly, the contents of this letter may not be revealed to any trier of fact 1n the event that this matter 1S not settled lD accordance with the terms of this letter. Very truly yours, ø~J¿~ OSCAR SYGER f V OS : j a Enclosure,1I"~J,:>òw...... ,":\:".,...,. .t~i ,":_....... ..' .....,'. ,\4, iiIf ..,-,__. . 6., ~..._ _ ~ '__' .. .. [ITY OF DELAAY BEA[H CITY ATTORNEY'S OFFICE zoo NW 1st AVENUE' DELRAY BEACH. FLORlDA 33444 FACSlr-!lLE 407/278-4755 W . t I D· t L· r1 er s 1rec 1ne (407) 243-7091 MEMORANDUM DATE: September 10, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Garcon and Jacquet vs. the City of Delray Beach Our office has received a written demand of settlement in the amount of $15,000.00 per Plaintiff for a total of $30,000.00 in the above-stated case. This case arises out of an automobile accident which occurred on May 19, 1991. Our office, at this time, recommends denial of this settlement offer. By copy of this memorandum to David Harden, City Manager, our office requests that this settlement denial be placed on the City Commission consent agenda for the September 14, 1993 City Commissi:o.t:t. meeting. questions, please call. SAR:ci cc David Harden, City Manager garcon. ear .~ . I' "." 'I' ... ..$;~ ,;,¡¡,,'. '. a'" . ' . 'i~ ,;, '. ~ Law Offices of OSCAR SYGER 155 SOUTH MIAMI AVENUE PENTHOUSE I MIAMI, FLORIDA 33130 -- TELEPHONL (305) 539'9200 (30515399222 r;- n____, August 19, 1993 I~Œ~~::Œ ~\ Susan A. Ruby, Esquire Assistant City Attorney City Attorney, Delray Beach 200 N. W. First Avenue Delray Beach, Florida 33444 Re: Jacquet and Garcon v. City of Delray Beach Case No. 93-5904 Demand for Settlement Dear Ms. Ruby: This letter serves to demand upon the City of Delray Beach a payment of $15,000.00 to Nixon Jacquet and a payment of $lS,OOO.Oo--t.Q Jean Garcon in exchange for a general release for all of their claims arising out of the automobile accident of May 19, 1991- It is clear that their losses are the direct result of the negligence of Officer Swigert whose vehicle left the roadway and travelled into a parking lot striking these two fine gentlemen who were pedestrians at the time of this impact. The reasonable jury verdict value of each of these gentlemen's losses is in the range of $10,000.00 to $30,000.00. Your office has been supplied with all pertinent documentation regarding medical expenses and medical reports. Nevertheless, if you feel you need any additional documentation or a re-delivery of the documentation, please contact me at once so that I may accommodate your request. This offer is open for a period of thirty (30) days from the date of this letter after which time it is automatically withdrawn. This letter is furnished to you as a settlement offer defined by F.S. 90.408. Accordingly, the contents of this letter may not be revealed to any trier of fact in the event th.at this matter is not settled in accordance with the terms of this letter. Very truly yours, ~ ~ OSCA~ ' OS : j a ~~. ..;t Enclosurea.'¢_ . t .... . ., . t _J.. '. " [IT' DF DELHA' BEA[H CITY ATTORNEY'S OFFICE 200 N\V 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSl f\1ILE 407/278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: September 10, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Garcon and Jacquet vs. the City of Delray Beach Our office has received a written demand of settlement in the amount of $l5,000.00 per Plaintiff for a total of $30,000.00 in the above-stated case. This case arises out of an automobile accident which occurred on May 19, 1991. Our office, at this time, recommends denial of this settlement offer. By copy of this memorandum to David Harden, City Manager, our office requests that this settlement denial be placed on the City Commission consent agenda for the September 14, 1993 City Commissl:-o.Q meeting. questions, please call. cc David Harden, City Manager garcon.sar a",:~_ . I\~ ,j \a ?:L1t .\~ -. '. " " Law Offices of OSCAR SYGER 155 SOUTH MIAMI AVENUE PENTHOUSE' MIAMI, FLORIDA 33130 TELEPHONE DOS) 5399200 130515399222 rS\···"-~~. -~ -:..::=,-~--;::;-;::~~ '~, fl --. r-' ~ I c' I-~~ I, fì, L.S 1(7 Is 0 \V/!S ~'!\\ Ii U) ¡_S. ..ë ·0- LJ L'= ï 103201lß August 19, 1993 I~~ ~ Susan A. Ruby, Esquire Assistant City Attorney City Attorney, Delray Beach 200 N. W. First Avenue Delray Beach, Florida 33444 Re: Jacquet and Garcon v. City of Delray Beach Case No. 93-5904 Demand for Settlement Dear Ms. Ruby: This letter serves to demand upon the City of Delray Beach a payment of $15,000.00 to Nixon Jacquet and a payment of $1S,000.0~ Jean Garcon in exchange for a general release for all of their claims arising out of the automobile accident of May 19, 1991. It is clear that their losses are the direct result of the negligence of Officer Swigert whose vehicle left the roadway and travelled into a parking lot striking these two fine gentlemen who were pedestrians at the time of this impact. The reasonable jury verdict value of each of these gentlemen's losses is in the range of $10,000.00 to $30,000.00. Your office has been supplied with all pertinent documentation regarding medical expenses and medical reports. Nevertheless, if you feel you need any additional documentation or a re-delivery of the documentation, please contact me at once so that I may accommodate your request. This offer is open for a period of thirty (30) days from the date of this letter after which time it is automatically withdrawn. This letter is furnished to you as a settlement offer defined by F.S. 90.408. Accordingly, the contents of this letter may not be revealed to any trier of fact in the event that this matter is not settled in accordance with the terms of this letter. Very truly yours, o~h;ru OS: ja '-.., :~ ~nclosure .. '. ,~, .' "'. '., . '''._ .' ~, ", C ., '... '. " , . [IT' DF DELAA' BEA[H CITY ATTORNEY'S OFFICE 200 NW lsl AVENUE' DELRAY BEACH. FLORJDA 33444 FACSl/-.lILE 407/278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: September 10, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Garcon and Jacquet vs. the City of Delray Beach Our office has received a written demand of settlement in the amount of $l5,000.00 per Plaintiff for a total of $301000.00 in the above-stated case. This case arises out of an automobile accident which occurred on May 19, 1991. Our office, at this time, recommends denial of this settlement offer. By copy of this memorandum to David Harden, City Manager, our office requests that this settlement denial be placed on the City Commission consent agenda for the September 14, 1993 City Commiss:to.Q meeting. have any further questions, please call. SAR:ci cc David Harden, City Manager garcon. sar l' "',;, .. 'I" ~ ~-,,,,, . 'j'fF. . 1 .. -:'~" ,L ",~ .. , ' 1 Law Offices of OSCAR SYGER 155 SOUTH MIAMI AVENUE PENTHOUSE I MIAMI, FLORIDA 33130 TELEPHONE, 1305) 539,9200 (30515399222 ,.r'0\,:'~þ --~.~ 0 \yj-lli-- ~~;\-' , : J ¡r - - ---- ,v'l II\\; AjjJ 2 0 _ August 19, 1993 U~I ~ Susan A. Ruby, Esquire Assistant City Attorney City Attorney, Delray Beach 200 N. W. First Avenue Delray Beach, Florida 33444 Re: Jacquet and Garcon v. City of Delray Beach Case No. 93-5904 Demand for Settlement Dear Ms. Ruby: This letter serves to demand upon the City of Delray Beach a payment of $15,000.00 to Nixon Jacquet and a payment of $lS,OOO.O~ Jean Garèon in exchange for a general release for all of their claims arising out of the automobile accident of May 19, 1991. It is clear that their losses are the direct result of the negligence of Officer Swigert whose vehicle left the roadway and travelled into a parking lot striking these two fine gentlemen who were pedestrians at the time of this impact. The reasonable jury verdict value of each of these gentlemen's losses is in the range of $10,000.00 to $30,000.00. Your office has been supplied with all pertinent documentation regarding medical expenses and medical reports. Nevertheless, if you feel you need any additional documentation or a re-delivery of the documentation, please contact me at once so that I may accommodate your request. This offer is open for a period of thirty (30) days from the date of this letter after which time it is automatically withdrawn. This letter is furnished to you as a settlement offer defined by F.S. 90.408. Accordingly, the contents of this letter may not be revealed to any trier of fact In the event that this matter is not settled In accordance with the terms of this letter. Very truly yours, o~~~ OS : j a -tn~:.~~¡ure .'. . 1 ì "',~ ~. '. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tflt . SUBJECT: 1 3 AND DATE: September 10, 1993 This item is before you to approve the award of the following bids and contracts: 1. One (1) Vibration Analyzer/Balance - Public Utilities - Ono Sokki Technology, Inc. - in the amount of $11,630 with funding from Water and Sewer Capital - Other Equipment (Account No. 441-5161-536-64.90). 2 . Automatic Transfer Switch - South Repump Station - Edward Electric Corporation - in the amount of $21,050 with funding from Water and Sewer Capital - Other Equipment (Account No. 441-5161-536-64.90). 3. Maintenance Perkin-Elmer Equipment - Water Treatment Plant - Perkin-Elmer, Corporation - in the amount of $16,340.75 with funding from Water and Sewer Water Treatment Plant - Equipment Maintenance (Account No. 441-5122-536-46.20). 4. Hydrofluosilicic Acid - Water Treatment Plant - Allied Universal Corporation in the estimated annual amount of $14,250 with funding from Water and Sewer - Water Treatment Plant Chemicals (Account No. 441-5122-536-52.21) . 5. Radio Telemetry Units - Storm Water Pumping Station - Data Flow Systems, Inc. in the amount of $11,930 with funding from Stormwater - Other Machines/Equipment (Account No, 448-5416-538-64.90). 6. Housing Rehabilitation - 909 S.W. 11th Terrace - Intercontinental Construction Corporation in the amount of $20,000 with funding from CDBG Housing Rehab (Account No. 118-1963-554-49.19). 7. State Housing Initiatives Program (SHIP) Housing Rehabilitation - 343 N.W. 6th Avenue - MJD Construction Services - $12,745 with funding from SHIP - Other Current Charges (Account No. 118-1924-554-49.90). 8. AS400 Computer Upgrade - Police Department - IBM (State Contract) in the amount of $75,569.84 with funding from General Fund Renewal and Replacement Computer Equipment (Account No. 334-6112-519-64.11). Recommend approval of the award of the above bids and contracts with funding as indicated. ,. "I'" .. . Agenda Item No.: 8GI AGENDA REQUEST Date: August 31, 1993 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: September 14. 1993 Description of agenda item (who, what, where, how much): Purchase Award - One (1) vibration analyzer/balance for the Public Utilities Maintenance Division ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Ono Sokki Technology, Inc., at a cost of $11,630. ~ ~I ¡j)f r' R~,-...I-/1 >4,.~4.~~t: q¡ /1 if "ð Department Head Signature: Deteraination of Consistency with Coaprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available:~ NO Funding alternativ . kiéAß~licab~ p Account No. & Des~~Ption: ~1-5~.~ i\t.o-Qll fG\M Account Balance: ,91:1ù . City Manager Review: fj)/ NO P1 Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. " Agenda Item No.: %p.... AGENDA REQUEST Date: August 30. 1993 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: September 14. 1993 Description of agenda item (who, what, where, how much): Bid Award - Furnishin~ & installing one (1) Automatic Transfer switch for South repnmp station 'ßid. flQ1-4,) ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low responsive bidder, Edwards Electric Corporation, at a total installed price of $21.050. ~ (/ /þ/ 'l1~~ ;04...( ¿4.--iØ. ð/-a1!~3 '. 7 /' Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): ~ . ,...... I Funding available: ~~ NO Funding al ternati ve : [tt=tte (iftarpliCa~lle) ,,-' , ,(? Account No. & Description: ~ -s"'1 H~. !i-i, ¡ t\\ '::> J1P¡ i7.x.,·....O\f-t£, ri¿..r Account Balance: 3£"';',S/7 ·7 ' . E~U \pr. I , City Manager Review: Approved for agenda: fj)/ NO ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. .. Agenda I tem No. : ~Gõ AGENDA REQUEST Date: Au~ust 27, 1993 Request to be placed on:' xx Regular Agenda Special Agenda Workshop Agenda When: September 14, 1993 Description of agenda item (who, what, where, how much): Contract Award - Annual Maintenance contract on Perkin-Elmer equipment at ' ~~tøY ~rPRtment Plant ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: AtJ~rc1 to Perkin-Elmer Corporation at a cost of $15,340.75 Al~o for the City Mana~er to be authorized to renew the contract on a ~ yearly "a<iR'( 1ð ' . Department Head s:gna{ure~~ d3'N$ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): .-----. , , Funding available: ~'NO Funding alternative . , (if ¥~liCable) _ Account No. & Desc'~1ftl~44I-c:,("7--z.- 5-:.30. 4-10 'l\}' -n2MNT FLAtJ Account Balance: "/ ' '. , æV.\p VIA/NT. City Manager Review: Z1i Approved for agenda: @/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .. Agenda Item No. : EG1 AGENDA REQUEST Date: August 31, 1993 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: September 14, 1993 Description of agenda item (who, what, where, how much): Bid Award - Hvdrofulosilicic Acid - Term Contract för the ~åter Treatment Plant Bid 1193-43 ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low bidder. Allied Universal Corporation. at an estimated annual cost of $14.250. ~ / ;¡(/' Department Head s~na~re: 12ø.6..4A .!<f..",.,., 1~ q/:¥t:J' Deteraination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of fUMS): ~. Fund~ng availabl~: ~$1 NO Fund1.ng alternat1.ves: r.' q' ~if a~iticable) Account No. & Descx:ip,t~op,: , 1 \ . Ø!tI- sl ¿).l....-~)? - SJ;-- WTf<íí(rvu0í Account Balance: 41 I J '2}J() P NT Ct-\T:fV\) eM' f ,U~ -, .-' City Manager Røview: Approved for agenda: r!iY/ NO zlJ1 Hold Until: ] Agenda Coordinator Review: Received: '" Action: Approved/Disapproved ~j¡1 ·1 " II If ,. Agenda I tern No. : 8" S- AGENDA REQUEST Date: ~pp~pmnpr 7, lqq3 Request to be placed on:' xx Regular Agenda Special Agenda Workshop Agenda When: S~p~~mher 14. 1993 Description of agenda item (who, what, where, how much): Purchase Award - Two (2) Radio Telemetry Units for Thomas Street and Basin Street Pùmp Stations. ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Data Flow Systems. Inc. for the amount $11.930. per Bid /Jp,q-q,. ~ ~/ ¡¡ J{t1 / , S~~ ðÂI--I_~' Department Head Signature: f'1a/f~ , Deteraination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: ~) NO Funding al ternati v s:. (if ap¡licable) , HI Account No. & Desc:p: t;,ion: M-~ --~I~,- S~l~. w4-~(lÚ S1æMN T~ -oTHErZ ¡AfìL _ Account Balance: L ,IJO f~Ü¡PMf3'b City Manager Review: Approved for agenda: §I NO ¡QUI Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .. ,. Agenda Item No.: gG6 AGENDA REQUEST Request to be placed on: Date: AUGUST 31, 1993 Regular Agenda Special Agenda Workshop Agenda xxx Consent Agenda When: SEPTEMBER 14, 1993 Description of item (who, what, where, how much): CASEI ADDRESS í~/~ {¿¡tee.. GRANT AMOUlfT 92-047HR 909 SOUTHWEST 11TH lWENUE $20,000.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM ACCOUNT *118-1963-554-49.19 GRANT AMOUNT INCLUDES CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~__~ . Department Head Signature: ~- ~ , ~---~, l City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available~/NO Funding alternatives :t ¡~;- '(j if ')ßPlicabl~ ' Account No. & Desc~iJ?~iOJfJ, If -/ /10-f:JG!f. ~1- J I C L f? -rJa6/ ,12~WtB Account Balance: ~Î {11~.,'5D City Manager Review: Approved for agenda:~/NO m1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. .. Agenda Item No.: ~G7 AGENDA REQUEST Request to be placed on: Date: AUGUST 31, 1993 Regular Agenda Special Agenda Workshop Agenda xxx Consent Agenda When: SEPTEMBER 14, 1993 Description of item (who, what, where, how much): CASE' ADDRESS GRANT AMOUNT 91-055HR 343 NORTHWEST 6TH AVENUE $12,745.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation:RECOMMEND APPROVAL OF HOUSING REHABILITATION GRANT AWARD THROUGH THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) FROM ACCOUNT #118-1924-554-49.90 (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~p ~ Department Head Signature: ~ ,I City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~ Funding available: Y~/NO Funding alternativ s: (if ap~licable6 Account No. & Des Ct iption: ~ I ~ ltf74-'55!; 4"7-1) Qj f ~ ûíItœ Uû2EN r Account Balance: ~/QX) r i ¿: CH'AP-b£S City Manager Review: ~ Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. .. Agenda Item No.: 1G~ AGENDA REQUEST Date: 08/23/94 Request to be placed on: xx Regular Agenda Special Agenda Workshop Agenda When: September 14, 1993 Description of agenda item (who, what, where, how much): Request from the Police Department for AS400 Computer Upgrade (Processor upgrade, additional memory and disk stora~e) through IBM. VIA State Contract pricing at $75.569.8~. ORDINANCE/ RESOLUTION REQUIRED: J~NO Draft Attached: ~NO Recommendation: Recommend approval with funding from the General Improvement Renewal and Replacement Fund No. 334-6112-519-64.11 Department Head Signature: ¿~~tß4'- - Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (requir~d on all items involving expenditure of funds): Funding available: ~;/ NO Funding al tE?rnatives':--- , (if a~liCable) Account No. & Description: ~1~-~0,04-11 ~e ~\ IWË4U1P Account Balance: J¡ \ ,fhro kfJ T ~ \Mg ( ý\;\ ,)" r---~p- ~fMAIIJCL(.; City Manager Review: Approved for agenda: (!9/ NO tJtt1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. " MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager ~ FROM: Ted Glas, Purchasing Officer #.ff DATE: August 31, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER ·14, 1993 - PURCHASE AWARD - VIBRATION ANALYZER/BALANCER Item Before City Commission: The City Commission is requested to award the purchase of a vibration analyzer/balancer to Ono Sokki Technology, Inc. for the amount of $11,630. Background: Funds are allocated in the FY 92-93 Water & Sewer Fund for this vibration analyzer/balancer for the Public Utilities Maintenance Division. A total of $ was budgeted. This equipment is used on pumps and motors to determine if minor adjustments are needed, and thereby reducing the chances of a serious failure from occuring requiring expensive repairs. Bids for this equipment were solicited twice with no success. We then received a quotation from the only known supplier, IRD Mechanalysis, Inc. , at a cost of $16,750. While reviewing the references (customers) of this firm, another vendor was discovered, named Ono Sokki Technology, Inc. They submitted a quotation on equal equipment for only $11,630. A tabulation of quotations is attached for your review. The Deputy Director of Public Utlities has reviewd the quotations, and recommends award to Ono Sokki Technology, Inc., per attached memo. Recommendation: The Purchasing Officer concurs with the recommendation to award to Ono Sokki Technology, Inc. at a cost of $11,630. Attachments: Tabulation of Quotations Memo from Public Utilities Quotation from Ono Sokki Technology, Inc. c: William Greenwood Richard Hasko <=6G. l '. CITY OF DELRAV BEACH TABUlATlctI Of GUJTATlctlS fCR VIBRATlctI/AHAL VZER BALAHCER VEH~ (H) SO<KI TEDtHO\..OOV. IHC. 1m MEOIAHALYSIS. IHC. VIBRATlctI/AHALVZER BAlPtICER QUPIoITITY 1 $11. 630.00 $16.750.00 BRAHD/MDEL ctIO SO<KI 1m I'IDEL 885 HLteER I'IDEL CF-25OB DELIVERY 14 DAYS 15-30 DAYS TIME '. MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Richard C. Hasko, P.E. Deputy Director/P.U. SUBJECT: VIBRATION ANALYZER/BALANCER BID #93-44 DATE: August 25, 1993 As suggested by Mr. John Granger of Westinghouse SRS in his reference for IRD Mechanalysis, we have researched a similar piece of equipment manufactured by Ono Sokki Technology, Inc. We find the Ono Sokki model CF-250B Vibration Analyzer to qualify as "or equal" equipment to the IRD Model 885 specified in our bid. Attached is a copy of a completed bid form from Ono Sokki quoting a price of $11,630.00 for the CF-250 model, and $200.00 per day plus expenses for on-site training. As our bid specified three (3) days of training, this would add $600.00 plus expenses to the stated cost. This is still significantly lower than the $20,966.0 quote from IRD. In view of the fact that IRD was the sole respondent to the first bicJ of this equipment, and there were no respondents to this current bid (IRD was resolicited after the scheduled bid opening), we are recommending award of this purchase to Ono Sokki Technology, Inc. in the base amount of $11,630.00. We can negotiate the training schedule upon receipt of the equipment and issue a separate purchase order for those costs. If you are in agreement with this recommendation, please prepare the necessary agenda request for approval at the next available city Comm' sion meeting. .Vl Richard C.Hasko, P.E. Deputy Director/P.U. RCH:pw cc: William H. Greenwood, Director of Env. Svs. Robert Bullard, Maintenance Supt. FILE: Memos to Purchasing Department a: PURCH. DOC '. ...",.'. ' . ',;,:~ :.. ," .;-.r:: .-t~·. . '.~~:. ~~'}~~ :-~~':::.';;~':' :," ,: 08/23/93 13: 58 "ð' 708 627 0004 ONO $01\1\ I TECH. !4J 02 2171 Ekecutlve Drive Suite 0100 ONO SOt-< Addlson.ll60101 LJ I Telephone 708-627-9700 '"' FI\II 708-6?.T-0004 ONO SÖi<J<1 TECi-iNOLOG'y INë, -,-----,.. - A.U<Just 16, 199:3 City of De]ray Beach 434 South Sv/j nton Avenue Dclray Beach, Florida 33444 Attention: Robert Bullard ;. Dear Mr. BulJard: Thank you, for your interest 1.n Ono .sokki C ß 1 ine of sound & vibration analysis instrumentation. Per your request, we are pleased to provide the nttached quotatjon number 93Q850 for your rev ie....¡ . After con:;ld<'n·j ng the features and spcH..:1Li,(:at.ions listed in your request for bid, we would like to offer our mode), CF-250B single ':: Channcl Portable FF'l' Spcctr.U1\1 Analyzer' fo)~ your application. The CF-250ß is ëI co)nplete vibration anù J ysis :.;y:"t,(!1n in a portablc package, inc]uding: Gensor powér Guprli~s, built-in thermal printer, built-in single & dUal plAnc! bõlancing 50ftware, and a variety of FFT analysis functions. Our quotation includes our model LG-9) G Optical 'l'achometer pickup to be used as a phase ref~rence for balancing ~nd tima synchronous averaging analysis. We also offer on~ of PCU's nCWCGt shear mode accelerometers. These pickups ot'fer high Gcnsi tivi ty and good long term stability. 'l'he acce).erometer cabJe specified is a durable, ruggedized coaxial cable suitabl~ for most. itlduf:1.:rial applications. The C¡'''-250a offers features simj J er to the IRD 885 listed in your request for bid. The following IÍf:t addresses the specific features listed in your specifications: I 1. Large Backlit, LCD display with adjustable viewing angle. 2. Analysis using fixed bandwidth FFT analysis & variable bandwidth FFT analysis (order analysis). 3. single and 2 plane balancJng software built-in. 4. The CF-250B is not compð.t.ible with the IRD 7090 or predictive maint~nance software. .. 08/23/93 13: 59 'ð' 708 627 0004 ONO SORK I TECH. ' ..tàì:~~S;r,~~'~'~ ' ::. ONO SOt-<t<1 ONC, 90KKI TEc:t-1NOl~:-Õ(;-ŸïNC, ' . -.. -"-- page 2 5. Buil t-in tlwrmsl rn'.i n1:er for on-~j te hardcopy _ optional . IC memory card dat.a l.~):'a)1r.fer to PC' G for j ntegration of data in w()rdp)Aocessor~,;, nprendsheets, and d~taba:;;c~ software. 6. Single channel vibr.....t,ion input. Fi:Ked and vRrlablc~ bandwidth YfT analysi£. 7. 12-bit AID conversion. o. Auto-):,"c':lnging <'1.nd :.H)ln(':1:.")b:]~ Hxed amplitud~ ranging. .' 9. The C¡"-250 dO(~H not offer zoom analysj s. 10. USêr defin~d j nstrument. :.:;etupf.i may be stOrE:'d internally (3 setups) or on opl.ioT\i11 )I\(nnory cards. 11. ~FT analysiR, order ðnalysis, and synchronous time averaging analysis. 12. Low power wanÜn9 ¡:md auto-shutoff featurcs. 13. Sottkey menus and p<'1.nøl kuy:.. control operation. 'l'hørc is no headphon<.~ <.)\¡t~put or zero phase a.djustlt\ent_ Please refer to tlw elJC';.1 (:.(~à price list for a listing of the. , standard accessories includl.!d w; 1:h t:he CF-25013. Optional IC memory cards and Ie Memory Card Reader are available to provide for easy tram. fer. of èlnaly~er dat.a to IBM compatible computers. The CF-0200 IC C<.'\rd H<)~d(!t' E. ut:i.lity Softwë\re will r0.é'\d data from memory cards and crN'It-p. ^SCJI, LO'l'OS 1-2-3, or graphics files in your PC. Finally, we offer training to ..1S:Ú:"t. your people in learning to operate the CF-250B. This covet-:; the operation of the analyzer and typically does not require more than one day. Should you require additional bac]tground training for neW or junior personnel, we would recommend attending one of the seminars offered by the Vibration Institute. J am enclosing information for your reference. Please take some time to review the attached information. Feel tree to call on me with any questions or comments, 1-800-922-7174. Sincerely, ONO GOl{KI TECHNOLOGY, INC. M()~ Michael Dixon Technical Sales Representative '. .. 08/23/93 14: 00 t5' 708 627 00Ø4 ONO SOKK I TECH. ' flI 04" ' '~"_ ONO 901-<1-<1 QUOTATION 0N0901(,(, TECHNOLOGY INC. 1120 TOWER LANE BENSENVILLE. ILLINOIS 60106 PHONE 312·595·929;1 FACSIMilE 312·595·9303 --- ....... - ...-.-- . -. -- - " TO: City of Delray Beach DATE: 8/16/93 434 South 5w;l.nton Av~nu~ 93Q850 D~lrßY Beach, Florida 33444 QUOT A TION NO: (PLeASe REFERENCE OUOT"TION NlIMaF.R IN All. CORRESPONO£NCE) ATTENTION: Ilobért Bullard CUSTOMER -.- INQUIRY -- ......-...........-.- -.....- nEM J J E'", ." ." ..~.., '.';,', ' ,...., :'" "':': "':,, :~.~ .,; , UNIT,PRICE NETPmc '.i,~ . . I . , '. J ... ..... ./.... .' . , ......... .~. ....... .._<_"-t-.............\.._....~I,.(..~._".....~.. .,II~ lAt.' "~.._~.....,,,.t..I..__'(w........-.¡J..\~..;.1.'IoL.. ~..., '}., '... .. ....... ,'"',...,,\. J. HvJ""l úl"-2!júJJ ::Ilu~l... (:11<'''11\:) 1',,, l.<al,lc I~l~T Â...~1,...",.... ¢ 0,300.00 t 0,300.00 :: 2. Mode} LG-9J() Opti,cnl Tachomeler Pickup $ 240.00 $ 240.00 3. Model MX-805 Signal Cnblc for LG-916 detector (S meter) ~ 60.00 $ 60.00 . , 4. Model tiT-Oll Reflective Mark~rs (] 0 :¡hccts w/ 25/sheet) $ J5.00 $ 15.00 S. Model CX-041 Tt1t~rmal Printer Paper (20 rolls/box) $ ';0.00 $ !>O.OO 6. Model PCP 353M33 Accelerumeter $ 310.00 $ 310.00 ;. Modol PCB 080A27 Magnetic Base for 353 neee] C1~ometer $ 9!).00 $ 95.00 B. Model PCB 005AOIOA Signal Cable for 353 ncccJcrometer (10 ft) $ 60.00 $ 60.00 : Total . $ 9, 130. 00 . . AJc11.ttonal equipment f(}T__~l\.t;1 trlins(er to 11.lM coulpat1ble PC's l. Model CF-0202 IC Memory Ctlrd (256k) $ 500.00 $ 500.00 2. Hodel Cli-0200 IC Memory CHd Readcr f. DOS cumpatible $ 2;:000.00 $ 2.000.00 Memory Card R~~deT Utility Sofl~8re Operational Trainning for CF-250ß Anel~zer ) 1. Trip expenses + $200/day trainning '. . , fIP"'VOSA'- FOR ACCEPTANCe WITHIN 60 DAYS OF ABOVE DATE, DNO SOKKI ~Ô~ORPORATED SHIPMENT: 14 DAYS FROM RECEIPT OF ORDER. SIGNED ~ Michael Dixon TERMS: Net 30 days TITLE lechn1c~l Sales Representative '. , Al.~-31-·93 WED Ø9:Z.~ fL':1ÆU:,H( nJ'.'. 'J I<vlcr·; ILL "ILI:<4l:\'I-¿<4::;-','l"'l"J1 ~Ø?9 P!¥.'; . . CITY OF. DELRAY ß~^CH nlD FO~M BID #93· 44 VI BRATION AN^r..yzt:H/BAL^NCEH FOR PUBLIC UTILITJES MA!~ENANC~ OlVS!ON Total bid price for the purchase of one (1 ) IRD 885 Analyzer I Balanoer ~nd accessories (or approved equal) . Pricinq to includf'! deliV'ðry and three (3) c1aye of ej,9}'t. (8) houra training and 00- 6i t~ demonBtration. $ See attached quot~tion nllmh~l' 93Q850 _..'. _____ _._....__.. .' ..____ r MOdeljBrand numbor: Mode ~_~~,-250» Single ~ ~h~nnel Porl a,~}~! F!2.. SI)(~ct_J~\lm An~~'y'_ztc'r - .. -... -..-... -_. -_.. ..'....- Warranty: One year from date 0t- sh1pmcnt - pár.l.s ,!~\~,. ~~~or!._.~~~ nttnchc~:icc; sheet for details. __...______......'Þ___.. ..-.... ---.--.---.. .. D~11very 14 calendar days after receipt of order. conditions othor Palm Beach I Will extend "arne pr1ces I terms end to . County Governm~nt8l agencieA: ; . -,XX yee no __....... _.. _... . Of BID FORM OONTtNOTED NEXT PAGE.... ... I ; r '. ,. MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ FROM: Ted Glas, Purchasing Officer ~~ DATE: August 30, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 14, 1993 - BID AWARD #93-45 AUTOMATIC TRANSFER SWITCH Item Before City Commission: The City Commission is requested to award the purchase of an automatic transfer switch to the low responsive bidder, Edwards Electric Corporation, at a total installed price of $21,050. Per the Finance Department, funding is from: ( ) . Background: Funds are allocated in the FY 92-93 Water & Sewer Fund for this equipment. A total of $ was budgeted. Bids for furnishing and installing an automatic transfer switch were received on August 12, 1993 from three (3) firms, all in accordance with City purchasing procedures. (Bid #93-45. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The low bid was submitted by Consolidated Electric Supply for $15,244, however their price was for material only, and did not include installation per City specifications. Their bid is unresponsive. The second low bid was submitted by Edwards Electric Corporation for $21,050, and meets City specifications. The Deputy Director of Pub lic Utilities has reviewed the bids, and recommends award to Edwards Electric Corporation, per attached memos. D~·~ '. ,. Recommendation: The Purchasing Officer concurs with the recommendation to award to the low responsive bidder, Edwards Electric Corporation, at a total installed price of $21,050. Attachments: Tabulation of Bids Memo from Public Utilities c: William Greenwood Richard Rasko '. " MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Richard C. Hasko, P.E. Deputy Director/P.U. SUBJECT: SOUTH REPUMP STATION AUTOMATIC TRANSFER SWITCH Bid *93-45 DATE: August 17, 1993 We have reviewed the bids received for the subj ect equipment (copies attached) . While Consolidated Electric supply has submitted the lowest price, their bid is considered non-responsive since it is for materials only and does not include installation. We are recommending award to the second lowest bidder, Edwards Electric Corp. , in the amount of $21,050.00. The funding source for this purchase is account *441-5161-536-64.90. Please place this item on the next available Commission agenda for appro . 112 Richard . Hasko, P.E. Deputy Director/P.U. RCH:pw cc: William H. Greenwood, Director of Env. svs. Robert Bullard, Maintenance Supt. FILE: Memos to Purchasing Department a: SREPUMP . DOC '. ENVIRONMENTAL SERVICES DEPARTMENT MAINTENANCE DIVISION M E M 0 RAN DUM TO: TED GLAS, PURCHASING OFFICER THRU: RICHARD HASKO, ~çjÞ DEPUTY DIRECTOR PUBLIC UTILITIES FROM: ROBERT BULLARD, MAINTENANCE SUPERINTENDENT DATE: AUGUST 19, 1993 SUBJECT: TRANSFER SWITCH The installation of an automatic transfer switch will enable Florida Power and Light to institute the CICL program at the south pump station. This program removes customers from Florida Power and Light and then transfers the customer to their emergency generator. ~1:fi&(~A'~ RCB: jaf cc: William H. Greenwood, Director E.S.D. File: Memos to Purchasing RCBTGTS.DOC '. CITY Of DElRAV BEAOI nSJlATlœ OF BIDS BID . 93-45 AUTa1ATIC 'fRAoISFER SWlTai Al.GJST 12. 1993 . Consolidated Edwards Electric Robert Trout DESCRIPTIctI Electric Supply Corp. Company ¡ FlRiISH AHD IHSTALLATIctI OF AUTa1ATIC 'fRAoISFER $15,244.00 * $21,050.00 $24,574.00 SWITai AT SOJTH REPlH' STATlCtI BRAHD / I1DEL Lake Shore Lake Shore 1200A Lake Shore HA1733 Hl.H3ER Electric 3 pole 277/480 * 1200B6A DELIVER'!' TIME 4 - 6 weeks 60 ca1andar days 60 calendar days after approval after receipt of after receipt of order order aH1EHTS/ÐŒ:EPTIœs * Purchase of Lakeshore Model Warranty as stated material only. No. A173 31200B6A in bid specs. NO installation. with modifications Will extend prices City Bid Forms as specified not submitted. to other Palm Bch. Warranty- one yr. County Government- al agencies. Will extend prices to other Palm Bch. County Governmenta agencies. - .. .. MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager ~ FROM: Ted Glas, Purchasing Officer ~~ DATE: August 30, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 14, 1993 - CONTRACT AWARD - MAINTENANCE CONTRACT ON PERKIN-ELMER EQUIPMENT AT WATER TREATMENT PLANT Item Before City Commission: The City Commission is requested to approve an annual maintenance service contract with Perkin-Elmer Corporation, at a cost of $15,340.75. Per the Finance Department, funding is from: ( ) . Background: The Water Treatment Plant is requesting the continuation of sole- source procurement from the manufacturer on the maintenance service contract for their Perkin-Elmer analytical testing instruments. One piece of equipment, (AA), tests for metal in water samples. The other piece of equipment, (GC), tests for organic material. Funds were allocated in the Fy 92-93 budget for this service. A total of $ was budgeted. The Director of Environmental Services has reviewed the contract and recommends award to Perkin-Elmer. It is also recommended that the City Manager be authorized to renew the contract on a yearly basis, subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. Recommendation: The Purchasing Officer concurs with the recommendation to award to Perkin-Elmer Corporation at a cost of $15,340.75, and for the City Manager to be authorized to renew the contract on a yearly basis. Attachments: Memos from Environmental Services Documentation on Maintenance Service pc: William Greenwood Richard Hasko Don Haley Db-·3 '. MEMORANDUM TO: Ted Glas Purchasing Officer ~ THRU: William H. Greenwood çtJtfA, ~). ( Dir. of Environmental Services ~ ð' Richard Hasko It;' . . I!::.-v Dep. Dir. of Public Utilities FROM: Don Haley Supt./Water Treatment Plant SUBJECT: PERKIN ELMER SERVICE CONTRACT NO. 17543C REQ. #18937 (see attached) DATE: August 24, 1993 As before, the justification of sole sourcing Perkin Elmer on the Maintenance Contract at the Water Treatment Plant Lab GC and AA is the same, see attached Memo's to Mr. Harden dated l-24-91 and to Mr. Greenwood on l2-28-90. As per your direction, please prepare the agenda request for approval of Req #18937 (see attached) for $15,340.75, funding source is from acct. # 441-5122-536-46.20 of the 92/93 Budget. This is a one time payment and is overdue. C--\ ç, - ~ Don Haley Superintendent DH/gm Att: 4 cc: Water Treatment Plant - LAB File: Perkin Elmer Service Contract File: a: perkelm. doc dons2 '. / EU1EF: U< r1AR'( TO 14072437060 PAGE.002/002 /6 FROr1 PERVIH f' ?E"KIN ELMEñ Tnt Perkjn-¡;Imer CorporaWn Su;te I 400 TecnnoJogy Park Lake Mary. Fl32746 - August 19, 1993 10 City of Delray Beach Environmental Services 434 S. Swinton Ave'. Delray B~ach, FL 33444 Attn: N'Detenga N'Gurumo Dear Mr. N'Gururno; Your eervice contract, No. 17543C, is offered to be rolled o~er for one mOre year trom July 1, 1993 to June 30, 1994, at t.he sarne rate of $lSþ340.7S. Sincerely, ~ Æ òl Steven M. Fehl Branch Area Supervisor am Faxed to 407-243-7060 Sa~ (4Dl] 333-8951 SelVÌce (401) 333-8954 Fax 1407!.33.'I:R,9<;A ·, 8U(3 24 ' :33 1 .:;, . c: ':> FROM PERKIN ELMER LK M8RY TO 14D724:]7DbJ¿J ,--..J.:.... . PERKIN-ELMER MAINTENANCE PLAN 0 NEW Page 1/ 2 DATE QUOTED: 06/30/93 RETURN TO: PERKIN-ELMER o ADD ON 400 TECHNOLOGY PARK STE. 1 PERKIN-£LMER LAKE MARY., FL 32746 PLAN NO. 17543C [] RENEWAl .- CUSTOMER: BilLING ADDRESS: " CITY OF DELRAY BEACH CITY OF DELRAY BEACH WATER TREA'I't:lENT PLANT 100 NW 1ST AVENUE 434 S. SWINTON AVE. DELRAY BEACH, FL 33444 DELRAY BEACH, FL 33444 ATTNOF: DON HALEY TELEPHONE; (407)243-7318 ( ) PlAN DESCRIPTION'S, TERMS AND CONDITIONS OF THE PLAN OPTIONS ARE OUTLINED ON THE REVERSE SIDE Of THIS FORM. INSTRUMENTS COVERED PLAN OPTIONS MODEL NO, SERIAL NO, LOCATION USER FULL WARRANTY PROjECTION EXTENSION 1. 8500 006014700050 N'DETENGA N'GURUMO 252.00 2, LAMBDA 3 81139 161.00 3, OMEGA-2/1+ 2002118 88.00 4, EPS EQUITY 1* SIN REQUIRED .00 5. PRINTER OKI320* 0270310 .00 6. SCl IFACE* 971148 .00 7. MOUSE* 9999 .00 8, SCl IFACE 974317 7.00 g, LSC-2000 90093013 66.00 10, 1000HALLDETECTOR 891187 64.00 11, PID 24028 45.00 1;2, AS-8300 309248 98.00 13. RECORDER 80089 35.00 14, EPS EQUITY 1 2002478 48.00 FULL MONTHLY PRICE [!] 0 0 % QUANTITY DISCOUNT ZONE x y z NeT MONTHLY PRICE SINGLE ANNUAL PAVMf;NT œ®lf !Ä\æ ~æW®~®Œ CHECK PlAN DESIRED 0 0 *INCLUDED IN PRICE OF OMEGA-2/1+. SIT 061007, B/T 061010 AUTHOfUZATIONS; QUOTED BY: STEVEN M FEHL DATE: APPROVED BY: PI-IONE: (800) 433-6542 BRANCH .AREA SUPERVISOR TITl.E: TITI..S; PAYMENT CHOICE; O~FICE ASSTC.1J ",...... I~~"""''''' ,. AUG 24 '93 12:52 FROM PERKIN ELMER LK MARY TCI 140724::nOE;O ~ ~ PERKIN-ELMER MAINTENANCE PLAN 0 NEW Page 2/ 2 DATE QUOTED: 06/30/93 RETURN TO: PERKIN-ELMER o ADD ON 400 TECHNOLOGY PARK STE. 1 PERKIN-ELMER LAKE MARY, FL 32746 PLAN NO. 17543C ~ RENEWAL " CUSTOMER; BilLING ADDRESS: ~ C¡TY OF DELRAY BEACH CITY OF DBLRAY BEACH WATER TREATMENT PLANT 100 NW 1ST AVENUE 434 s. SWINTON AVE. DELRAY BEACH, FL 33444 DELRAY BEACH, FL 33444 ATlN OF: DON HALEY T~LEPHONE: (407)243-7318 ( ) PLAN DESCRIPTIONS, TERMS AND CONOITIONS OF THE PLAN OPTIONS ARE OUTLINED ON THE REVERSE SIDE OF THIS FORM. IN$ìRUMENTS COVEReD ÞLAN OPTIONS MODEL NO, SERIAL NO. LQCA TION USER FULL WARRANTY PROTECTION EXTENSION 1. EPSONLQ850 1000166 21.00 2, 4100 2681 320.00 3, HGA-700 2327 132.00 4 AS-70 2595 104.00 5, ALS-2016 90348004 71.00 6, 7, 8. 9. 10, 11. , 2, 13. 1<4. FUL.L MONTHL. Y PRICE 1512.00 0 0 0 11 % QUANTITY DISCOUNT 166.32 ZONE x Y z NET MONTHLY PRICE 1345.68 5% SINGLE ANNUAL PAYMENT 15340.75 œ®ìJ &æ ~æW®~©Œ CHECK PLAN DESIRED 0 0 *INCLUDtD IN PRICE OF OMEGA-2/1+. SIT 061007, BIT 061010 AU"HORIZATlONS; aUOTED BY: STEVEN M FEHL DATE: APPAOVEO BY; PHON e: (800) 433-6542 BRANCH AREA SUPERVISOR TITLE: TITLe: PAYMENT CHOICE: OFFICE ASSIGN TO; (EET1) o ANNUAL, __?:t::ERFIELD _~~CH, FL -, - '. North American Sales/Service Operations Perkin- Elmer Full Protection Maintenance Plan - Analytical Instrument Products .. ., C~U ~CJCJc::::JCJ~~ BOOD DC/DB C1 gf?gg gggg g OCJOCJ 0000 00 0 6 -- ôD I I 0 Program Profile 0 The Full Protection Mainten- ance Plan is an on-call repair 0 service program plus regularly scheduled Preventive Mainten- ance checks. Tailored to your individual system configura- tion and overall operational schedule, it provides 12 months labor, parts and travel. This in- depth service package features: · Regularly scheduled preven- tive maintenance checks · Unlimited repair service performed by factory !rained field service eng- meers · Quality and timely service · Factory authorized parts · Localized inventory The reverse side contains more details on what this plan can do for you, the customer. F'EifKIN ELMEif " '. - . Perkin- Elmer Full Protection Maintenance Plan What It Includes Assemblies and subassemblies are Financial Planning Preventive Maintenance replaced on an exchange basis. Your budgeting is made much Availability of localized inventory is In order to ensure maximum an additional contract benefit, thus simpler because your agreement system availability, preventive reducing shipping delays and repair includes parts and labor related to the maintenan~e of your Perkin- maintenance service provides regu- time on your system. Elmer equipment. Multiple year larly scheduled maintenance checks Engineering Changes plans are available and multiple tailored in frequency and duration instrument incentives are applied. to the specific system configuration, Those engineering changes There are no hidden, "last-minute" and scheduled to minimize interfer- required, in Perkin-Elmer's opinion, charges, ence with custome~ system operation to maintain the system performance during contract coverage hours. to the specification at time of sale Our service program goals are to Repair Service will be installed as part of the provide protection for you and your regularly scheduled Preventive Main- investment through rapid, reliable Full protection holders are entitled tenance activity, repair, and on-going system up- to unlimited repair service during Travel Expenses dating to ensure protection from a the contract coverage period. This loss of equipment service, service is performed by factory Travel expenses are included. For additional information, trained field service engineers who are thoroughly familiar with your Benefits contact your local equipment and are concerned only Branch Office with Perkin-Elmer customer's · Preventive Maintenance checks satisfaction. · Protection customized to your Northeastern Region ALERT Resource Network system and operation Wilton, CT · Fixed charge - no last minute (203) 762-6907 A formalized ALERT procedure "extras"- enables budget planning Southern Region takes over in the event that your and control system is rendered inoperable. · Unlimited remedial service calls Norcross, GA Additional local office, district, and replacement parts (404) 448-3310 regional, and national support · Quality and timely service Central Region resources are employed, and, if · Total service support network Oak Brook, lL necessary, Regional Technical · Perkin-Elmer system expertise (708) 572-9075 Specialists are dispatched to the site · Commitment to customer needs Western Region to solve unusual problems. San Jose, CA Replacement Parts (Factory Authorized) Making It Work For You (408) 473-9050 Those parts that fail through Service Coverage Mid-Atlantic Region RockviIle, MD normal use and service (exclusive of Perkin- Elmer service office hours (301) 984-4820 operating supplies) will be replaced are typically from 8:30 a.m. to 5:00 as part of the maintenance service, p.m" Monday through Friday. Information contained in this bulletin is subject to change without notice, ?EnKIN ELMEn July 1991 01054 Printed in U.SA 1-1521-00 '. .. PLAN DESCRIPTIONS, TERMS AND CONDITIONS FULL WARRANTY PROTECTION EXTENSION PREVENTIVE MAINTENANCE VISITS Coverage provides Coverage provides no preventive maintenance preventive maintenance visit(s) spaced through the visits. This plan is Plan Year. The VISit aimed at 'On Demand' schedule will be set by maintenance to correct Perkin-Elmer Wittl advance malfunctions encountered notice to the customer. with normal use, - EMERGENGY LABOR AND TRAVEL Coverage provides all Coverage provides all emergency maintenance emergency maintenance on calL on call. It PARTS Parts are Included In !tie Parts are Included In the price at this plan price of this plan 'Parts' refers only to Parts' refers only to those replacement parts those replacement parts used In performance of used In performance of emergency maintenance, I: emergency maintenance 11 does nO! ¡nclude spares does not Include spares 01 or consumable Items consumable Items ADVANTAGES Complele malntenanCf' Repair maintenance coverage coverage Including Preventivc' at a tlxed charge for Maintenance at a fixed which you can budget In charge for whiCh you advance. Insurance against can budget In advance. high cost of multiple maintenance calls TERMS OF PAYMENT Due upon receipt. Single annual payment option will be invoiced in first month of coverage. If deferred Invoicing is reqUIred. sum of monthly pnces will apply. When payment IS nO! received within 30 days of InVOice. Buyer shall be delinquent and agrees to pay Interest at tne ra1e of 1 ": percent per month on the net unpaid Invoice amount. TAXES Buver IS responsible for tt1e ultimate payment of all taxes which mav be assessed or levied on or on account of matenals soid or maintenance performed hereunder to the Buyel TERM OF AGREEMENT Agreement penod sllall be as II1dlcateej on the face of the maintenance plan, EXPIRATION DATE TI1IS quotation expires 30 days from date quoted CANCELLATION CLAUSE Maintenance plans are sublect to cancellation upon 30 days wntten notice bv eltner party, OTHER MAINTENANCE Maintenance requlled due. to abnormal use or envllonment, sampling accessory repairs, Installation of accessory attachments. systems alterations and instrument modification or overhaul, thOUgtl not II1cluded In tt1e agreement, will be performed when requested at standard rates. OTHER TERMS AND PerKin-Eimer reserves the rlgl11 to Inspect any Instrument prior to inclUSion. and may require that an CONDITIONS instrument be overhaulea. at {ne customers expense, before covering it on the maintenance plan Perkin-Eimer reserves all rights, expressed or Implied, not stated herein and shall have no liability for special or consequential damaqes Of any kind INSURANCE AND INDEMNITY Regardless of anytnlng stated to tne contrary In any purchase order or other document submitted by Buyer In response to this quotation, Perkin-Eimer will not Indemnify or hold harmless Buyer from any liability or damages to the extent tnat such liability or damages arise out of Buyer's negligence or carelessness or the failure of Buyer to maintain Its premises In a safe and healthful condition In compliance with all applicable workers' healtll and safety leOlslatlon and, in particular, the standards adopted by the Occupational Safety and Health Administration PerKin-Eimer s sales and service personnel are not authorized to bind The Perkin Elmé! Carooratlon to any Indemnltv or nOld narmless agreement ACCEPTANCE AND CONTROLLING TERMS OF CONTRACT (NB) TI1Is order is quoted on tne oas's of the terms and conOltlons stated herein and all orders are subject to acceotance In Norwali--. Connectlcu!. To tne extent that these terms are contradicted by buver's, tnese terms and conoltlons shall control. '. .. '., . M E M 0 RAN DUM TO: David T. Harden, City Manager THRU: William H. Greenwood, Director /IIf - Environmental Services Ernest A. Kaeufer, Assistant Director Ip#- '/;¡£jq/ Environmental Services I Larry J. Martin. Deputy Direct0:.Ø,/ c.; "'/1' Environmental Services ~ -- . FROM: Don Haley, Superintendent Water Treatment Plant DATE: January 24, 1991 SUBJECT: APPROVAL FOR INVOICE NO. R071190 We are herewith submitting Invoice No. R07l190 for approval by the City Commission; e.g. request for Maintenance Plan by Perkin Elmer covering a time period from 7-1-'91 to 6-30-'92 at a cost of $13,905.36 for the new AA and GC units now located at the Lab of the Water Treatment Plant (attached) . The initial justification for Perkin Elmer as the sole desired source for the required services was stated in a memo by L. Martin to W. Greenwood, dated December 28, 1990 (attached) . To further justify the use of Perkin Elmer as the service facility of choice, it should be recalled that the AA and GC units represent a considerable investment on the part of the Department of Environmental Services and form the backbone of our future water quality assurance projects; i.e. protec- tion of the accuracy and reliability of these instruments must be essentially guaranteed. Because of the complexity and diversity of the above instru- ments, Perkin Elmer maintenance specialists are required to maintain them to original equipment performance specifica- tions. I want to emphasize that a factory trained service technician is not an adequate or acceptable credential. '. ,. . To repair the instruments, the technician must have access to the entire internal Perkin Elmer technical staff. This includes design engineers (electrical, optical, mechanical), programmers, mathematicians, chemists, etc. ) . The Perkin Elmer technicians, even with years of field experience, need to consult frequently with specialists throughout the Perkin Elmer organization. Also, Perkin Elmer field technicians have access to field service reports and updates, proprie- tary mechanical drawings and electrical schematics, s.,pecial tools and testing apparatus, continuing training, etc.' Based on the above, we request that the City Commission accepts what are technical reasons for justifying the use of Perkin Elmer as the service/maintenance facility of choice. Sincerely, ~", c.:,', l ~ " ~'" ' J.. " D. Haley \ Superintendent Water Treatment Plant cc: W. Greenwood, Director, Environmental Services E. Kaeufer, Assistant Director, Environemental Services L. Martin, Deputy Director, Environmental Services D. Haley, Superintendent, Water Treatment Plant T. Glas, Purchasing Officer P. Jarovitzky, Ph. D. , Acting Laboratory Manager DH: j af DHREQ File: Memo to City Manager '. " MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager ~ FROM: Ted Glas, Purchasing Officer ~~ DATE: August 31, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 14, 1993 - BID AWARD - BID #93-43 HYDROFULOSILICIC ACID - TERM CONTRACT Item Before City Commission: The City Commission is requested to award a term contract for hydrofulosilicic acid to the low bidder, Allied Universal Corporation, at an estimated annual cost of $14,250. Per the Finance Department, funding is from: ( ) . Background: The Water Treatment Plant has' need for an annual contract for hydrofulosilicic acid with funding from their operating budget. Bids for this contract were received on August 6, 1993 from two (2) vendors, all in accordance with City purchasing procedures. (Bid #93-43. Documentation on file in the Purchasing Office. ) A tabulation of bids is attached for your review. The Superintendent of the Water Treatment Plant and the Deputy Director of Public Utilities have reviewed the bids, and recommend award to the low bidder" Allied Universal Corporation, per attached memo. Recommendation: The Purchasing Officer concurs with the recommendation to award this contract to the low bidder, Allied Universal Corporation, at an estimated annual cost of $14,250. Attachments: Tabulation of Bids Recommendation from Public Utilities c: William Greenwood Richard Hasko Don Haley Db<~ '. '. TAflULATIctI OF BIDS BID . 93-43 HYOROFULOSILICIC ACID AlßJST 06, 1993 Allied Universal Jones Chemicals DESCRIPTICtI Corp. Inc. HVDROFLUOSILICIC ACID DELIVERED PRICE PER .95 1.11 GALL.CtI EST. AHHu:\L USAGE 15.000 GALLctlS $14,250.00 $16,650.00 TOTAL BID PRICE AOOITIctlAL IHfCA'lATIctI Delivery 5 Delivery 2 - 3 calendar days calendar days after receipt of after receipt of order. order. Will not extend Will extend this this pricing, pricing, terms, terms, and and conditions conditions to to other Palm other Palm Beach Beach County County Co-op Co-op Members. Members. '. .. MEMORANDUM TO: Ted Glas Purchasing Officer THRU: William H. Greenwood m)ØØ'l/zlfJ Dir. of Environmental Services Richard Hasko ~ Dep. Dir. of Public Utilities FROM: Don Haley Supt./Water Treatment Plant SUBJECT: HYDROFULOSILICIC ACID DATE: September 2, 1993 The Water Treatment Plant has received the tab sheet for Hydrofulosilicic Acid and recommends awarding the bid ( 93-43) to Allied Universal Corp at .95/gallon. The estimated amount usage is 15,000 gallons. Funding source is from the 93/94 Budget(441-5122-536-52.21). Contract ti e frame is for 10/1/93 to 9/30/94. /~. ' i --if \ , I ,.. ....... - ~\.'\. \. , ..... Don Haley Supt./Water Treat nt Plant DH/gm cc: File: Allied Universal File: Jones Chemical File: a:hidrflr.doc Dons2 '. '. MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager ~ FROM: Ted Glas, Purchasing Officer :Iff DATE: September 2, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 14, 1993 - PURCHASE AWARD RADIO TELEMETRY UNITS Item Before City Commission: The City Commission is requested to award the purchase of radio telemetry units to Data Flow Systems, Inc. for the amount of $11,930. Per the Finance Department, funding is from: ( ) . Background: Funds are allocated in the FY 92-93 Storm Water Utility Fund for this equipment. A total of $11,930. is pre-encumbered in requisition #17440 pending Commission approval of this purchase. The City Commission awarded a contract to Data Flow Systems, Inc. on 10/23/90 for furnishing and installing radio telemetry units at City pump stations. (Bid #89-95) As part of that contract, additional units could be purchased by the City if needed. The Department of Environmental Services has determined that units are needed at the Thomas Street and Basin Street pump stations, per attached memo from the Superintendent of Streets and the Deputy Director of Public Works. Recommendation: The Purchasing Officer concurs with the recommendation to award the purchase of two (2) radio telemetry units to Data Flow Systems, Inc. at a total cost of $11,930. Attachments: Memo from Public Works Letter from Data Flow Systems, Inc. c: William Greenwood Richard Corwin Mark Kilbourne ~ç, .5 '. MEMORANDUM f¡O,~}, :i':t~·~¡I1~ ''-:' :~,..: I!·, . ,,: '..,purchå'š1ng Officer FROM: Mark Kilbourne Superintendent cf Stree~ THRU: Richard Corwin Deputy Director of Publ' orks SUBJECT: RADIO TELEMETRY UNITS DATE: August 31, 1993 I am recommending the purchase of two radio telemetry units from Data Flow Systems, Inc. to be installed on the Thomas Street and Basin Street pump stations. Data Flow Systems, Inc. has agreed to hold contract pricing through September 3Þ, 1993. By purchasing the units from Data Flow, we can be assured the system will be compatible with our existing telemetry network. These units will allow us to monitor the pump stations electronically and respond to problems before flooding occurs. Funding is available in account #448-5416-538-53.20. ~4- ' t10 If you have any questions, please call me at extension 7339. ,þ ,-,< 1 / ' I ì "/~l (¡;'~.l;'(,-_-/--7 Mark A. Kilbourne MK/lm REF: MKTGRTU.DOC File: Memös to Purchasing .. ,. FAX LETTER September 2, 1993 To: PelTay Beach Department of Environmental Servicef' Attn: Mr. Ted Gla~s FAX: 407-243-7166 Re: Quotation for StonYlWBter Pump Station RTUs Dear Mr. Glass: On November 18, 1992, J sent a quotation to Clayton Gilbert for two remote torminal un it s (RTU) compatible wi th the City'R radio telemetry system, for stormwater pumping stations located at Thomas Street and Basin Street. Although this quotation is now nearly a yea.r old, DFS is pleased to extend the pricing in that quotation until the end of our fiscal year, September 30, 1993. Please let me know if you need a copy of the quote. r wi 11 be happy to fax a reprint to you. Thank YO~I for this opportunity to serve belray Beach. Sincerely, Data Flow Systems, Inc. Steve Whitlock Sales Manager c: \1 ~tteJ.'Ø \ d.e1ra y\d.ol q \loto\ 810 9029 3.tax Page one of **** page Data Flow Systems, Inc. MeJboUTTJe, FL 659 Eau Gallie Blvd. Melbourne, FL 32935 407-259-5009 Fax 407-259-4006 '. - ." .. ,. - EHV¡RONHfHTM SFRVIC[S 92NOV 23 P112; 01 REk.~9t Flovv S)J'sterTls. lr)c. November 18, 1992 .44 ¥ ~-?l-1:5 Mr. Clayton Gilbert ~?/U ~~cA ~~~~~ Department of Environmental Services City of Delray Beach 4~' 444 S. Swinton Avenue Delray Beach, FL 33444 ~e\[S Subject1 RTUs for StormW&ter Pumping Stations Dear Clayton: I am happy to offer a quotation for remote terminal unitt> for two stormwater pumping stations. THOMAS STREET The Thomas Street configuration wi 11 offer eight digital inputs, four (1igital outputs " four analog inputs and up to 12 pulse accumulation points. DFS will supply the fo 110wi ng equipment and - wi 11 be responsible for all instAllation and installation supplies (DPS will not supply the tap for the pressure trant>ducer): (1) RTU05 ss enclosure and anodized backplate (1) Radio Interface Module (1) Digital Control/Monitor Module (1) Analog Monitor Module (1) Pulse Accumulator Module (1) Power Supply MQdule/backup battery (1) Complete antenna subsystem (1) 0-100 PSI pressure transducer w/enclosure (1) Tipping bucket rain gauge $ 7,165.00 BASIN STREET The Bas in Street configuration will offer eight digital inputs and four digital outputs. DFS wi 11 supply the following equipment and will be responsiblè for all installation and installation supplies: (1) RTU03 as enclosure w/anodized backplate (1) Radio Interface Module (1) Digital Control/Monitor Module (1) Power Supply Module/backup battery (1) Complete antenñ8 subsystem $ 4,765.00 Data Flow Systems, Inc. . 659 Eðu Gðllie Blvd. . Melbourne, Florida 32935 . PH: (407) 259-5009 . FAX (407) 259-4006 '. ,. I I SECTION 13300A I RADIO TELEMETRY AND DATA LOGGING SYSTEM I PART 1 - GENERAL 1.01 SCOPE OF WORK I A. The initial work to be performed in this contract consists of the preparation and su bmi tta 1 of FCC Permit Applications by the Radio Telemetry System manufacturer on behalf of the Owner and acquiring the I necessary FCC frequency for the function of the radio telemetry system. B. The add i t i ona 1 work to be performed in this contract shall consist of I furnishing, installing and placing in operation all equ i pment and appurtenances necessary for a complete radio telemetry system to provide the monitoring, alarm transmitting and controlling functions for 33 I wastewater pump stations and two central sites as indicated on the Drawings and specified herein. C. This specification describes a Supervisory Control and Data Acquisition I (SCADA) system. The system consists of a central site connected to a remote central secondary site by leased telephone data line and remote pump stations connected by RF radio transmi ssion 1 inks to the central I site. The central site s ha 11 acqui re data from the remotes, report status, alarms, store data necessary for reports and provide data logging ca pa bil ity. The remote stations sha 11 monitor and transmit status on request. Control functions shall be implemented by cormtands I from the central site which shall be interpreted and initiated by the remote stations. The central site sha 11 also have the capacity to perform general purpose data processi ng tasks without i nterferri ng wi th I the monitoring and control functions. D. The Cont rac tor s ha 11 make arrangements with the telephone company on I behalf of the Owner to have a leased telephone line installed between the central site (water plant) and the remote central seconda ry site {city offices). I E. The manufacturersha 11 furnish up to 40 additional RTUs to the Owner at the Owner's option and within three years after completion of all other work under this Contract. ! 1.02 QUALITY ASSURANCE A. Qual ifications: 1. All equ i pment sha 11 be of the latest and most modern des i gn. The suppliers furnishing the equi pment s ha 11 be responsible for tm:ML66:28 14-199.00 13300A-1 .. " MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ FROM: Ted Glas, Purchasing Officer ,~~ DATE: September 3, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 14, 1993 - BID AWARD - BID #93-50 HOUSING REHABILITATION GRANT Item Before City Commission: The City Commission is requested to award a contract to the low bidder, MJD Construction Services, at a cost of $12,745. Per the Finance Department, funding is from: ( ) . Background: The Community Development Division handles and processes their formal bids on housing rehabilitation, with funding for this project from their State Housing Initiative Partnership Program account. Property Contractor Amount 343 NW 6th Ave. MJD Construction Services $12,745. The Community Development Coordinator and the Director of Community Improvement have reviewed the bids, and recommend award to the low bidder, MJD Construction Services. Recommendation: The Purchasing Officer concurs with the recommendation to award to the low bidder, MJD Construction Services. Attachments: Memorandum from Community Improvement Bid Information Sheets c: Lula Butler ~b.~ '. " M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT DATE: AUGUST 31, 1993 SUBJECT: STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) ACTIVITIES/LOCAL HOUSING ASSISTANCE PROGRAM ITEM BEFORE THE COMMISSION This is to request approval for one Housing Rehabilitation Grant Award through the State Housing Initiatives Partnership Program (SHIP). This request is in accordance with the City's approved Housing Assistance Plan developed under this program. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATION Staff recommends Housing Rehab Grant through the (SHIP) program be awarded for the following: Case# Address Grant Amount 91-055HR 343 NORTHWEST 6TH AVENUE $12,745.00 '. ,. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 93- 50 APPLICANT: Willie Mae Wilson APPLICATION #: 91-055HR PROJECT ADDRESS: 343 Northwest 6th Avenue DATE OF BID LETTERS: 8/18/93 DATE OF BID OPENING: 8/30/93 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ ARTENAL CONSTRUCTION CO $ B & JR CONSTRUCTION $ 17.963.00 CHARLES JACKSON $ CARLO MERCURIO $ CALIBRATED LAND DEVELOPMENT $ INTERCONTINENTAL CONSTRUCTION CORP $ LEADING EDGE HOMES, INC. $ MJD CONSTRUCTION SERVICES $ 12,745.00 MSL CONSTRUCTION, INC. $ PRESTON CONSTRUCTION $ RAY GRAEVE CONSTRUCTION INC. $ IN - HOUSE ESTIMATE: $ 13,795.00 CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES BID/CONTRACT AMOUNT: $ 12.745.00 COMMENTS: LOW BIDDER BIDFORM/PGl '. '. MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~~ FROM: Ted Glas, Purchasing Officer ,4 Jf' DATE: September 2, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 14, 1993 - BID AWARD - BID #93-30 HOUSING REHABILITATION PROGRAM Item Before City Commission: The City Commission is requested to award a contract to the low bidder, Intercontinental Construction Corporation, at a cost of $20,000. Per the Finance Department, funding is from: ( ) . Background: The Community Development Division handles and processes their formal bids on housing rehabilitation, with funding from their housing rehabilitation budget. Property Contractor Amount 909 SW 11th Terrace Intercontinental $20,000. Construction Corp. The Community Development Coordinator and the Director of Community Improvement have reviewed the bids, and recommend award to the low bidder, Intercontinental Construction Corporation. Recommendation: The Purchasing Officer concurs with the recommendation to award to the low bidder, Intercontinental Construction Corporation, at a cost of $20,000. Attachments: Memorandum from Community Improvement Bid Information Sheets c: Lula Butler g&.7 '. '. M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENTL/? DATE: AUGUST 31, 1993 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE THE COMMISSION This is to request approval for one Housing Rehabilitation Grant Award. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders. All unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATION Staff recommends Housing Rehab Grants be awarded for the following: Case# Address Grant Amount 92-047HR 909 SOUTHWEST 11TH AVE. $20,000.00 HR2 '. ,. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID I~FORMATION SHEET BID #: 93- 30 APPLICANT: ALFONSO AND VERA SCOTT APPLICATION #: 92-047HR PROJECT ADDRESS: 909 SOUTHWEST 11TH TERRACE DATE OF BID LETTERS: MAY 5, 1993 (RE.BID FROM APRIL 2, 1993) DATE OF BID OPENING: MAY 14, 1993 NAME OF CON'l'RlI.CTORS AMOUNT OF BID ABISSET CORPORATION $ CSB CONSTRUCTION, INC. $ DYMOND CONSTRUCTION $ GARY PURR $ 22,230.00 HENRY L. HAYWOOD $ INTERCONTINENTAL CONSTRUCTION CORP $ 19,835.00 LEADING EDGE HOMES, INC. $ MJD CONSTRUCTION SERVICES $ MSL CONSTRUCTION, INC. $ PRESTON CONSTRUCTION $ 20,880.00 RAY GRAEVE CONSTRUCTION INC. $ 21,235.00 IN - HOUSE ESTIMATE: $ 19,720.00 CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CONSTRUCTION CORP. BID/CONTRACT AMOUNT: $ 19,835.00 COMMENTS: LOW BIDDER BIDFORM/PGl '. .. - I-'\~'~-.J....-I-\...:....., ~. -.:------,.-öIr. AS AUG 06 1993 MEMORANDUM cY~ --- fb ;J1A ~ '-MJ~ David T.,uarde Manager ¡;;~ ØQM-:- Joseph ~'ãf"f uector of Finance ) wlU14!uð,..<...IJIy ~ . SUBJECT: Funding for P AS/400 Processor Upgrade ~ ./>.uu-A.4)1...r ylw L-tf1 ~ /IÍé.~-ø-º' DATE: August 2, ~993 7'.le ~u--f¡¿ ~~ Iu. ~ A meeting was held in the Police Departm~nt Conference Room on July 26, 1993 I'~~ to discuss the present status of the AS/400 computer system being utilized by ~ ~ both the Police and Fire Departments for central dispatching, records and on-going administrative purposes. Appropriate staff from the Police, Fire, M.r.S. and Finance Departments were present. . Tina Lunsford, Systems Manager for the Police Department, stated that their current AS/400 system was purchased in 1989 and has received no upgrades since that date. The system is currently at capacity which is starting to impact information retrieval response time. This fact has also prevented the Fire Department from implementing their transfer of records to the AS/400 and complaints are being received from Central Dispatch. The Systems Management section has taken all possible steps to improve the overall performance of this system to include the movement of files to the M.r.S. Department's AS/400, installing "Auto Tune" which allows the system to dynamically maximize disk space and memory utilization, and the purging of files, programs and libraries not absolutely essential to their daily operations. It appears that an upg?=ade is vital at this time primarily due to the reduction in on-line response time in the central dispatching operation. While this was a part of our Five-Year Capital Improvement Program, it is currently unfunded and shown at a cost of $225,400. This cost, however, included an optical disk scanner and tape back-up units in addition to the processor upgrades. Additionally, these costs were significantly lowered by IBM recently when new modeís were announced. Consequently, the processor upgrade, without the optical disk scanner and tape back-up units, presently costs $78,080 on a purchase basis. The General Capital Improvement Renewal and Replacement Fund has $97,766 presently funded in: the computer Equipment line item (334-6112-519-64.11). This account is presently "frozen" per your instructions. It would be recommend that $78,080 of these funds be released as soon as possible for this processor upgrade. In concert with this, we will move the remaining items which were approved in the Fiscal Year 1992-93 Renewal and Replacement Fund Computer Equipment line item into the Fiscal Year 1993-94 General Capital Improvement Renewal and Replacement Fund. Your immediate consideration of this request is appreciated. JMS/sam Df<, '~G~ ~ ~ 'I: Robert A. Barcinski, Assistant City Manager cc: :ilL ~ r ~ ~-F<j9l-1 Richard Overman, Police Chief Ii Richard Zuccaro, Information Systems Manager f4 M~_~%- ." Ps~·A... ( ~. (. -ù..... .~, .~; ~ .^¿1.,~ . fG ¡, ~ ..8 ,. '¡_H ,- .., .. "h..__.... ___'_"::',_._~~... ,- ..--......- ." - - ~. -.--...-..... "r.';':""'J "'....,,,....~-_..,.... .....-.-- ... . '. '. .' DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Major William H. Cochrane Administrative Bureau FROM: Systems Manager Tina L. Lunsford~ Systems Management Section DATE: April 1, 1993 SUBJECT: ADDENDUM TO CIP PROPOSAL , ================================================================= Since the original CIP proposal for the "IBM AS400 PROCESSOR UPGRADE FROM B45 TO B50" , IBM has announced a new line of "F" series processors at a greatly reduced price, and wi th improved performance. Attached you will find four (4) new options for upgrades, maintenance, and leasing at a reduced price and improved performance to benefit the operation of the Police and Fire Departments from the original upgrade proposal of $175,110.00. Please disregard the original CIP request. We purchased our AS400 in October 1989, and there have been no upgrades installed since then. In today's quickly changing technological environment it is advised that Systems Managers should look two (2 ) to three (3 ) years on the horizon for computer upgrades and enhancements to maintain system performance and reduce risk of failure, and four (4) years of system management without any upgrades to disk or memory is exceptional. All possible measures were taken to improve the performance of the AS400 prior to requesting any upgrades. The following actions were taken: Auto Tune for the AS400 was purchased and installed to 0 optimize performance. All training applications were moved over to City Hall's 0 AS400 to improve performance and reduce disk space required. All necessary programs, libraries and files were deleted 0 from the AS400 to save disk space. Our environment is critical and we are currently receiving complaints from Conununications regarding . response time, which affects officer and public safety. There is a lot of "officer safety" information stored on AS400, and if the system is slow, that information may not be readily available to the dispatcher to convey to the officer. ( Such as "**Send backup units*** W/M John Doe living in residence is known to be violent toward '. SUBJECT: ADDENDUM TO CIP PROPOSAL APRIL 1, 1993 PAGE 2 officers, has guns and explosives in residence. Proceed with caution. ") We are currently using seventy-three percent (73%) of our disk.. Eighty percent (80%) is the threshold maximum recommended by IBM before anticipating problems on the system. There have been times when the maximum memory usage was one-hundred fifty-two percent (152%) . In the past year we have added Fire Records Management to our AS400 to support the Fire Department. The Fire Management System is still in the testing stages and has not been put into live production. The plan is in place to bring Fire Records into production over the next sixty (60) days. In addition, MIS is currently in the process of adding twenty (20 ) additional devices in the Fire Stations to our system. As the stations go on-line, there will be a greater demand on system resources. The Fire Department also has plans of using Office on the AS400 for calendaring and messages, which again will require additional resources. This will add over one-hundred (100) additional users to our system within the next sixty (60) days. Also, the Police Department has plans to go on-line within the next thirty (30 ) days with Hot Site backup on the City's AS400. Our Strategic Long-Range Plan for both the City and Police Department includes Laptops, Mobile Digital Terminals and Optical Storage of documents. This upgrade will start preparing us for these future enhancements and benefits. The bottom line is that an upgrade in performance and disk space is necessary to maintain system availability for officer and public safety, and future growth needs of the Police and Fire Departments. I recommend Option One (1 ) which is the best possible solution, given our current situation and future needs. Attachment you will find an Executive Summary of the four (4 ) options and a detail sheet for each, including maintenance cost. If you need any additional information, do not hesitate to contact me at 243-7833. vls Attachments cc: Captain J.L. Schroeder '. ,. EXECUTIVE SUl\1MARY FOR CIP REQUEST OYfIONS ·gJ?~99....~l.,i.~M~§4QQ~~º~~$p~..~g.MR~~ªºM»4.~,:fQ~4~.'· '·,·,'...........$~qº,.1.~.9.00* ·'·>··')······,··<:mwn~ç:»,~,ijppI$~.'··"·,·:·····::·:..',," . Current B45 AS400 system upgraded to new F45 Model · Processing power increased from 2.3 to 6.0 · Memory increased from 32MB to 64MB Note: The above will improve Response time for Police! Fire Communications, reduce risk to offic~rs and the public, and insure flexibility for future Police and Fire growth . Storage space increased from 304GB to 6.8GB · Using new technology that will give us increased reliability, even in the event of disk failure there would be 100% up-time, and the highest level of availability and perfonnance \ · Short-term storage and long-tenn growth. Note: This storage space increase is a necessity to allow the Fire Department to utilize their previously purchased Fire Records Software and allow future growth of both Police and Fire. '~~g~iii~;~~~§~q9,;i~~.Ç~$ºß.~Çt~~,;t.j~Ç)~.·.~'~~.w~:i:~~~', ,,:'·<,:~1~!,ºº9~Q()*' ,'/'" " ""tmGR.A!PINØDISKWlTHRAID5TECHNOLOG¥" · ::'...:.:0..::....:'.- ':. :;::' <:::::." ',',:', " -:.;. '. :: :;:>::' :;>::: .:. "::': " ",' _;. -:.:-:_ ',' '0:" , '. .;. ::, : :: ':"::::.::::-::.",.,' ......,-..-.... -',.. ., ',' ... .,. , " . .' .. "' .../.....;..;-..,.:-...............'....; .' ....,.....-...._.>.. ,'".','.', ,."......',..-.. .,.<'.-:.",.-:':-:......;'... ".......,.' ',.' .': '.:> ..'....'<'...'.. ....'. ',. ,''', ,.",..'"..... .....".'..., ,'............ :,:"",'';...-:::', '.-:: · Current B45 AS400 system upgraded to new F45 Model · Processing power increased from 2.3 to 6.0 · Memory increased from 32MB to 64MB Note: The above will improve Response time for Police/ Fire Communications, reduce risk to officers and the public, and insure flexibility for future Police and Fire growth · Storage space increased from 304GB to 6.8GB · Using new technology that will give us increased reliability, even in the event of disk failure there would be more than 99 % up-time, and increase system availability. · Short-term storage and long-term growth. Note: This storage space increase is a necessity to allow the Fire Department to utilize their previously purchased Fire Records Software and allow future growth of both Police and Fire. 1111!81!..III.IE.I¡!III~!I~I!I!! ... ... ......."..."...............-......,-,--,.....,....,,, ..... ..... · Current B45 AS400 system upgraded to new F45 Model · Processing power increased from 2.3 to 6.0 · Memory increased from 32MB to 64MB '. -. EXECUTIVE SUMMARY FOR CPI REQUEST OPTIONS Cont'd Note: The above will improve Response time for Policel Fire Communications, reduce risk to officers and the public, and insure flexibility for future Police and Fire growth . Storage space increased from 3 AGB to 7 AGB · Short-term storage and long-term growth. · High reliability, but in the event of disk failure there is no redundancy and the system would be down for many hours. Note: This storage space increase is a necessity to allow the Fire Department to utilize their previously purchased Fire Records Software and allow future growth of both Police and Fire. . High Speed Tape Drive added to system · Will speed up backup and recovery time by up to sixty percent (60%) \ · Will allow unattended backup of the AS400 · Will allow the Police Department's AS400 system to be compatible with City Halls tape backup systems to benefit Hot-Site backup in the event of a emergency. Note: This feature will increase the efficiency of the backup and recovery process and save time and money in valuable human resource. Option .,#4:··IBMAS40QPRQCESSORUPGRADBFROMB45TQF45 $18,080.00* WITII 4GBINTBRNAL DISK . Current B45 AS400 system upgraded to new F45 Model · Processing power increased from 2.3 to 6.0 · Memory increased from 32MB to 64MB Note: The above will improve Response time for Police! Fire Communications, reduce risk to officers and the public, and insure flexibility for future Police and Fire growth . Storage space increased from 3 AGB to 7 AGB · Short-tenn storage and long-tenn growth. · High reliability, but in the event of disk failure there is no redundancy and the system would be down for many hours. Note: This storage space increase is a necessity to allow the Fire Department to utilize their previously purchased Fire Records Software and allow future growth of both Police and Fire. * See detail sheet for maintenance and leasing options. '. FY 1993/94 BUDGET WORKSHEET CAPITAL Il\1PROVEMENT PROGRAM (OVER $25,000) Item: Option #1 IDM AS/400 PROCESSOR UPGRADE ß45 TO F50 $150,156.00 WITH 9337 MIRRORED DISK AS/400 Processor upgrade from a Model B45 to a Model F45, additional disk to total 7.47GB usable disk storage, additional memory upgrade of 32MB, and any additional hardware and software upgrades needed to accomplish the above. The B45 has a performance rating of 2.3. The F45 has a performance rating of 6.3. Thi~ would increase our processor speed almost three (3) times its present speed, double usable disk storage amI double memory. In this scenario we would mirror our programs and data on our existing 3.4GB 9335 disk drives and add 4GB internal disk and 7.76GB of 9337 drives to make the equivalent of 7.47GB usable disk storage. 9337 Disk drives are the latest technology on the market. They are much more reliable and have improved availability based on redundant power supplies, enhanced predictive error analysis and concurrent maintenance on individual power supplies. Used in a mirrored environment, if a disk drive or controller fails the system stays operational and system performance will not be affected. The result is improved data availability, 100% up-time, plus the highest level of performance. If we maintain our current growth pattern, it should be enough disk for another two (2) to three (3) years. If we add Laptops in that time frame, it might not last as long due to the increased storage of narrative information which is not currently stored on our AS400. The above could be financed over three (3) or four (4) years. A sample rate of 6.8% was used to come up with the below figures and could be subject to change. Currently interest rates are lower. 36 Months @ 6.8% = $4,622.66 per month or $55,471.92 annually for a total of $166,415.76 48 Months @ 6.8% = $3,581.76 per month or $42,981.12 annually for a total of $171,924.48 Note: The above prices were configured at 10% above the current state contract prices, which is due to expire after July 1993, to accommodate any price increase III at might occur. Maintenance: The first year maintenance would be $8,032.50, a savings of $ 2,966.46 over current maintenance cost. Year 2 would be $13,005.86, an increase of $2,006.90 for year 2. Year 3 and Year 4 would be $15,695.06, an increase of $4,696.10 annually for Year 3 and Year 4. Note: Maintenance cost are subject to a 5 % increase annually. ,.. '. '. FY 1993/94 BUDGET WORKSHEET CAPITAL IMPROVEMENT I)ROGRAM (OVER $25,000) Itcm: Option #2 ffiM AS400 PROCESSOR UPGRADE FROM B45 TO F45 $147,000.00 UPGRADING DISK WITH 6.8GB RAID TECHNOLOGY Option Two (2) is a saving of $3,156.00 over Option #1. This is the same processor as in Option One, with 32MB of additional memory and 6.8GB RAID technology disk. In this scenario our current 3.4GB 9335 disk drives would be traded in for 6.8 GB of 9337 Raid technology. As indicated in Option # 1, 9337 disk drives are the latest technology on the. market. They are much more reliable and have improved availability based on redundant power supplies, enhanced predictive error analysis and concurrent maintenance on individual power supplies. RAID-5 Technology disk drives are Hot replaceable, which means if a disk drive goes down, the system stays operational and the Service Engineer can change out the disk drive without taking the system down. This results in reduced down time and improved data availability. The down side of 9337 RAID-5 verse 9337 Mirrored is system performance. On mirrored disk drives, if a disk drive fails, system performance is not affected, with RAID there is some system degradation. Unlike Mirrored 9337 disk, if a disk controller fails, the system would be down until it was replaced. If we maintain our current growth pattern, it should be enough disk for another two (2) to three (3) years. If we add Laptops in that time frame, it might not last as long due to the increased storage of narrative information which is not currently stored on our AS400. The above could be financed over three (3) or four (4) years. A sample rate of 6.8% was used to come up with the below figures and could be subject to change. Currently interest rates are lower. 36 Months @ 6.8% = $4,525.50 per month or $54,306.00 annually for a total of $162,918.00 48 Months @ 6.8% = $3,506.47 per month or $42,077.64 annually for a total of $168,310.56 Note: The above prices were configured at 10% above the current state contract prices, which is due to expire after July 1993, to accommodate any price increase that might occur. Maintenance: The first year maintenance would be $7,851.60, a saving of $3,147.36 the first year over current maintenance cost. Year 2 would be $9857.36, which is still a saving of $1,141.60 for Year 2 in maintenance. Years 3 and 4 would be $12,546.56, an increase of $1,547.60 annually over year 3 and year 4. Note: Maintenance cost are subject to a 5 % increase annually. '. ·. FY 1993/94 BUDGET WORKSHEET CAPITAL IMPROVEMENT PROGRAM (OVER $25,000) Item: (Option #3) ffiM AS400 PROCESSOR UPGRADE B45 TO F45 $125,372.00 WIm 4GB INTERNAL DISK AND HIGH-SPEED TAPE BACKUP SYSTEM Option three (3) is a saving of $24,784.00 over Option One (1). This is the same processor upgrade recommended in Option #1 with the same amount of additional memory, 4GB of internal disk, and a 3490 1/2" Magnetic tape system. . In this scenario we would keep our current 3.4GB 9335 disk drives and add an additional 4GB, for a total of 7.4GB disk storage. If we maintain our current growth pattern, it should be enough disk for another two (2) to three (3) years. If we add Laptops in that time frame, it might not last as long due to the increased storage of narrative information which is not currently stored on our AS400. Also included is a high-speed tape backup systems that is compatible with City Halls tape back up system. This tape backup system is 60% faster than our current reel-to-reel tape backup system. In the event of disk failure, the recovery time would reduced greatly. We could finance the above over three (3) or four (4) years. A sample rate of 6.8% was used to come up with the below figures and could be subject to change. Currently interest rates are lower. 36 Months @ 6.8% = $5,134.51 per month or $61,614.12 annually for a total of $184,842.36 48 Months @ 6.8% = $3,978.35 per month or $47,740.20 annually for a total of $190,960.80 Note: The above prices were configured at 10% above the current state contract prices, which is due to expire after July 1993, to accommodate any price increase that might occur. Maintenance: The first year maintenance would be $8032.50, a saving of 2,966.46 the first year over current maintenance cost. Year 2 through Year 4 would be $15,750.86 annually, which is an increase of $4,751.90 annually. Note: Maintenance costs are subject to a 5% increase annually. '. · . .. FY 1993/94 BUDGET WORKSHEET CAPITAL IMPROVEMENT PROGRAM (OVER $25,000) Item: (Option #4) mM AS400 PROCESSOR UPGRADE B45 TO F45 $78,080.00 WIrn 4GB INTERNAL DISK Option Four (4) is a saving of $72,076.00 over Option One (1). This is the same processor upgrade recommended in Option #1 with the same amount of additional memory and an additional 4GB of internal disk. In this scenario we would keep our current 304GB 9335 disk drives and add an additional 4GB, for a total of 704GB disk storage. If we maintain our current growth pattern, it should be enough disk for another two (2) to three (3) years. If we add Laptops in that time frame, it might not last as long due to the increased storage of narrative information which is not currently stored on our AS400. We could finance the above over three (3) or four (4) years. A sample rate of 6.8% was used to come up the below figures and could be subject to change. Currently interest rates are lower. 36 Months @ 6.8% = $2,403.75 per month or $28,845.00 annually for a total of $86,535.00 48 Months @ 6.8% = $1,862049 per month or $22,349.88 annually for a total of $89,399.52 Note: The above prices were configured at 10% above the current state contract prices, whiCh is due to expire after July 1993, to accommodate any price increase iliat might occur. Maintenance: The first year maintenance would be $8,032.50, a saving of $2,966.46 over current maintenance cost. Year 2 through Year 4 would be $13,005.86 annually, which is an increase of $2,006.90 annually. Note: Maintenance costs are subject to a 5% increase annually. '. '. [ITV DF DELHA' BEA[H CITY ATTORNEY'S OFFICE '(i'l II L: .\\ 1',[ . j)FLRA ì' BEACH, FLORIDA 33444 1,.\ ( ':\ ¡ \ j 11. r ·t U"": "" ~ 7'::;;;:, Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: September 10, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Shaw vs. Goss and Wagner - Appointment of Outside Counsel This case concerns an incident alleged to have occurred on December 17, 1989 regarding the arrest of Randall Shaw. Shaw is alleging that the City's police officers violated his Civil Rights. The City Commission has previously approved the appointment of Scott Mager to defend the police officers. Our office is recommending that the firm of Guant, Pratt and Radford, P.A. also be appointed as outside counsel at a rate of $90.00 per hour. In addition to the lawsuit against the police officers, there has been a claim filed by attorney Jim Green against the City. It is in the City's interest to involve Kent Pratt's firm in the lawsuit at this stage to further ensure a successful defense which may alleviate the claim filed against the City from becoming a lawsuit. Lee Graham also recommends the appointment of Kent Pratt's firm. all if you have any questions. SAR:ci cc David Harden, City Manager Lee Graham, Risk Manager shaw3 . sar '. [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENüE . DELRAY BEACH, FLORlDA 33444 FACSIr\IILE 407.:2ì8-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: September 10, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Shaw vs. Goss and Wagner - Appointment of Outside Counsel This case concerns an incident alleged to have occurred on December 17, 1989 regarding the arrest of Randall Shaw. Shaw is alleging that the City's police officers violated his Civil Rights. The city Commission has previously approved the appointment of Scott Mager to defend the police officers. Our offi~ is recommending that the firm of Guant, Pratt and Radford, P.A. also be appointed as outside counsel at a rate of $90.00 per hour. In addition to the lawsuit against the police officers, there has been a claim filed by attorney Jim Green against the City. It is in the City's interest to involve Kent Pratt's firm in the lawsuit at this stage to further ensure a successful defense which may alleviate the claim filed against the City from becoming a lawsuit. Lee Graham also recommends the appointment of Kent Pratt's firm. all if you have any questions. SAR:ci cc David Harden, City Manager Lee Graham, Risk Manager shaw3.sar \4 ~. "J: ~ ~,.. j \I . " "., ,~> ... " 1l'."; '. [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 FACSIMILE 407/278.-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: September 10, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Shaw vs. Goss and Wagner - Appointment of Outside Counsel This case concerns an incident alleged to have occurred on December 17, 1989 regarding the arrest of Randall Shaw. Shaw is alleging that the City's police officers violated his Civil Rights. The City Commission has previously approved the appointment of Scott Mager to defend the police officers. Our offi~ is recommending that the firm of Guant, Pratt and Radford, P.A. also be appointed as outside counsel at a rate of $90.00 per hour. In addition to the lawsuit against the police officers, there has been a claim filed by attorney Jim Green against the city. It is in the City's interest to involve Kent Pratt's firm in the lawsuit at this stage to further ensure a successful defense which may alleviate the claim filed against the City from becoming a lawsuit. Lee Graham also recommends the appointment of Kent Pratt's firm. all if you have any questions. SAR:ci cc David Harden, City Manager Lee Graham, Risk Manager shaw3.sar \:, <'i. ~ '# ,. '\, *. v",,;t . ...... ,., '. .. [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 FACSII\ILE 407/27S-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: September 10, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Shaw vs. Goss and Wagner - Appointment of Outside Counsel This case concerns an incident alleged to have occurred on December 17, 1989 regarding the arrest of Randall Shaw. Shaw is alleging that the City's police officers violated his Civil Rights. The City Commission has previously approved the appointment of Scott Mager to defend the police officers. Our offi~ is recommending that the firm of Guant, Pratt and Radford, P.A. also be appointed as outside counsel at a rate of $90.00 per hour. In addition to the lawsuit against the police officers, there has been a claim filed by attorney Jim Green against the City. It is in the City's interest to involve Kent Pratt's firm in the lawsuit at this stage to further ensure a successful defense which may alleviate the claim filed against the City from becoming a lawsuit. Lee Graham also recommends the appointment of Kent Pratt's firm. all if you have any questions. SAR:ci cc David Harden, City Manager Lee Graham, Risk Manager shaw3.sar ,,"*-. ~''>c,·a U'~· . \:i~' ,.. Ü~ , ' ", -, : -. ,:1: -'. ' ·,·f j '. · [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ¿(O NW Is! AVENUE' DELRAY BEACH, FLORIDA 33444 L\CS¡i\1iLE 407/nS-4ì55 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: September 10, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Shaw vs. Goss and Wagner - Appointment of Outside Counsel This case concerns an incident alleged to have occurred on December 17, 1989 regarding the arrest of Randall Shaw. Shaw is alleging that the City's police officers violated his Civil Rights. The City Commission has previously approved the appointment of Scott Mager to defend the police officers. Our 0 f f i~--...i s recommending that the firm of Guant, Pratt and Radford, P.A. also be appointed as outside counsel at a rate of $90.00 per hour. In addition to the lawsuit against the police officers, there has been a claim filed by attorney Jim Green against the City. It is in the City's interest to involve Kent Pratt's firm in the lawsuit at this stage to further ensure a successful defense which may alleviate the claim filed against the City from becoming a lawsuit. Lee Graham also recommends the appointment of Kent Pratt's firm. all if you have any questions. SAR:ci cc David Harden, City Manager Lee Graham, Risk Manager shaw3.sa.::- ';7~ ~~d. ,.. it; \:....~ ~,.. ,~I.... ,., \:;'. ' ,~ - .. # " '. , ·, . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 811 SUBJECT: AGENDA ITEM i <¿;r - MEETING OF SEPTEMBER 14. 1993 CHANGE OF FUNDING SOURCE FOR CHANGE ORDER NO. 3/DUTCH CON- STRUCTION COMPANY DATE: September 10, 1993 At the August 10th regular meeting, the Commission approved Change Order No. 3 in the amount of $13,511.99 to the contract with Dutch Construction Company with funding from 1992 Bond Anticipation Note - Veterans Park Redevelopment (Account No. 227-4126-572-61.63) . Subsequently, it was discovered that there were not sufficient funds in that account to cover the change order. Therefore, staff is requesting approval of a change in funding to Decade of Excellence Bond Issue - Veterans Park Redevelopment (Account No. 225-4126-572-61.63). Recommend approval of the change in funding for Change Order No. 3 to the contract with Dutch Construction Company in the amount of $13,511.99 to Decade of Excellence Bond Issue - Veterans Park Redevelopment (Account No. 225-4126-572-61.63) . ,. ,'I'" ,. Agenda Item No.: 31. AGENDA REQUEST Date: September 8, 1993 Request to be placed on: --X-- Regular Agenda Special Agenda _____ workshop Agenda When: September 14, 1993 Description of item (who, what, where, how much) : Staff reauests City Commission to aDDrove the chanae of fundina source for the Veteran's Park (Pro;ect No. 91-49) Chanae Order No. 3 to Dutch Construction from Bond AnticiDation Note Account No. 227-4126-572-61.63 to Decade of Excellence Account No. 225-4126-572-61.63 (Dendina budaet transfer) . Commission aDD roved Chanae Order No. 3 to Dutch Construction on Auaust 10. 1993 in the amount of S13. 511. 99. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (r~ed on all items involving expenditure of funds): Funding available: ES 0 Funding alternatives (if apPliC~le) Account No. & Description......t'iS-£E\"]0-61J.. .{pr-~.3 ~ - ~tEJ· 'v'er£g~s ~ Account Balance \"2> I~\ J... . City Manager Review: Approved for agenda: ~NO t1M Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. " DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden city Manager ~ THRU: William H. GreenWOod~ q/, Dir. of Environmental Services FROM: Ralph E. Hayden, P.E. ~m'¡ City Engineer DATE: September 8, 1993 SUBJECT: Funding Source for Change Order No. 3 for Dutch Construction, Veteran's Park Redevelopment, project No. 91-49 Attached is an agenda request and backup information to switch the funding source for Change Order No. 3 to Dutch Construction from 227-4126-572-61.63 (Bond Anticipation Note) to 225-4126-572-61.63 )Decade of Excellence). There are no funds available in the 227 account. Change Order No. 3 was approved by Commission August 10, 1993. RH:mm cc: Mary Ann Young, Project Cost Accountant Victor Majtenyi, Construction Technician File: Project No. 91-49 (D) RH149908.MRM '. " , . ' "", --~ -~-~-.- - ._----- _._- . ÆCllfo CITY OF OELRAY BEAC~t3 ::~~r ~ DATE: Ql'1 [05 \,~ IV -.J' vw'-O SUBJ: ~\.. 10 I \q q3 ~ O¡::r , ./ ., .... _ '~lÝ~0 ~3 % "t\J~ lm~ '~ ~ ^(~~ ~.vd-, . ~r~\ÑCVd '. ad ......... ;¿Zr¡ - I~(p- J-- /,/ ~3 l ð?Jo¡tÁ-~~~ ~). ~ )/7 ~ JYVÐ» ~ . .... -¡JuJ ()VIAAJ';vJ- rNvJ- ):þ¿ hit ¡;rJIlf!:: . .. .... ..... J¡¡¡;/.L, ¡ J-)w v' Jl¡j) 1M ()¡J Ú/iJ1dt ... .. r! ~v I) Jk I (jµ ... .... \...- øø54/76- 17- J/{3 ¿íJt;í'j~ UP ~ 1[£ fIIrrJ /fftlJifJA~1Jf . ~~'1k ~1- ~~tdJo . . . '1 ~ ,W¡þ¡j rff- ;J~1- m.S7zt-Ji3 ~ ;p5~ Lj &- 57. - /¡?&~J.\.. -iJ~ ~ ~. ~;J;J!;::J . -:if-3 . ~c ~ ~ / f¡;vv¿!d- I" ·11 ~ . .. ''!If . '<"~ C· .~~ , ...,.'1',\;-'..,,'. .' , " ,.: :} _c~~ " . f-___~. ',,".. .' '., . ~ / .,."',.',~ "'dANG. NO. 3 PROJEC'l' NO. :~-~4i DAft. -~ 'PROJECT TITLE. Veterans r Redevelocment ~-4 TO CONTRACTOR. Dutch Construction Co.. Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. ( JUSTIFICATION. / Construct miscellaneous changes to Project per attached Schedule WAW. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT S 440.059.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED : ~~::~~ ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 4 COST OF CONSTRUCTION CHANGES THIS ORDER S 13.511.99 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER S 507.886.51 PER CENT INCREASE/DECREASE THIS CHANGE ORDER 3.1' TOTAL PER CENT INCREASE/DECREASE TO DATE 15.6' EXTENSION OF CONTRACT TIMB ALLOWED BY THIS CONTRACT. TO AUGUST 20, 1993 FOR FINAL COMPLETION CERTIFIED STATEMENT. I hereby certify that the supporting cost data included i., in my considered opinion, accurate, that the price oted are fair and r...onG~ /' I ~ for Dutch Construction CO., Inc. (SEAL) TO BE FILLED OUT BY DEPARTMENT INITIATING Environmental Services Department FUNDS BUDGETED DELRAY BEACH, FLORIDA By it. RECOMMEND. ~ By. J'~//9š Date ¡ ~~ 1/ ~' ATTEST t. . APPROVB~' _. By. (}11~~!ú~1!o'Jiy ~~"'W\ CITY ATTORNEY CITY ERK I I \ \ , \ i COTOe. KT '. .. . - - pal League is strongly urg i.ng cities to support the Interlocal Agreement. Mr. Ellingsworth moved approval of the Interlocal Agreement with Palm Beach County relative to distribution of the Local Option Gas TaxI seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes i Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. .2....lL.. Change Order No. 3 /S. I. Nicholas. Inc. Consider a change order in the amount of $10,345.20 which also extends the contract completion date by three ( 3 ) days to the contract with S. I. Nicholas, Inc. for the Fire Station Headquarters project, with funding from 1992 Bond Anticipation Note - Central Fire Station (Account No. 227-2311-522-61.56). City Manager recom- mends approval. í Jose Aguila, resident project manager, gave a brief explanation of the issues involved in Change 'Order No. 3 with S. I. Nicholas, Inc., regarding the Fire Station Headquarters project. Mrs. Smith moved approval of Change Order No. 3 in the amount of $10,345.20 and extending the contract completion date days for S.I. Nicholas, Inc. for miscellaneous' chinges Fire Station Headquarters project, seconded by Dr. Upon roll call the Commission voted as follows: Mrs. Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. h - Yes; Mayor Lynch - Yes. Said motion passed with a 5 e. Change Order No. 3/Dutch Construction Company. Inc. a change order in the amount of $23,722.70 to the con- ith Dutch Construction Company, Inc. for miscellaneous s to the Veterans Park Redevelopment project, with funding fr 1992 Bond Anticipation Note - Veterans Park Redevelopment ccount No. 227-4126-572-61.63) . City Manager recommends ap- proval. Mayor Lynch expressed concern with the cost of the Har-Tru surface at the lawn bowling courts. After discussion, it was the consensus of the Commission that the $10,210.71 cost for the Har-Tru surface rehab seemed too high and that other quotes should be obtained. Dr. Alperin moved approval of Change Order No. 3 with Dutch Construction Company, Inc. , with the exception of $10,210.71 for item #3 (Rehabilitation of Har-Tru surface at lawn bowling courts due to excessive weathering from March storm), for an adjusted amount of $13,511.99, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; , r Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. -S- 8/10/93 .. " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i ~ - MEETING OF SEPTEMBER 14. 1993 REPORT OF APPEALABLE LAND USE ITEMS DATE: September 10, 1993 This item is before you for acceptance of the report of decisions made by the various development related boards during the period August 23, 1993 through September 10, 1993. The following actions were considered during this reporting period: Site Plan Review and Appearance Board: -Approved the architectural elevation plan (color change/mural) for Art of Africa. -Approved the architectural elevation plan (color change) for Mercer Wenzel (6-1 vote). -Approved the architectural elevation plan (neon lighting) for Ellie's Deli. -Granted a 12 month extension of site plan approval for the Groves of Delray. -Approved a minor site plan modification, landscape and architectural elevation plans for Culligan Water Conditioning. -Tabled the architectural elevation and landscape plan for Outback Steakhouse. -Approved the architectural elevation plan (awning) for Terri Fieula. -Approved the architectural elevation plan (storage barn) for Lakeview Golf Course. Approved the architectural elevation plan (awning color change) for John Grant, Inc. -Approved an internal adjustment to allow pool/spa to encroach in side interior setback for Ocean Crest development. -Tabled architectural elevation plan (canopy) for Sherwood Mobil. -Approved a landscape modification for perimeter fencing and gating for Quality Imports. The Historic Preservation Board and Planning and Zoning Board did not consider any appealable items during this reporting period. A detailed staff report is attached as backup material for this item. I 6,0 ,. "¡'I' .. . oK. CfÞ} C I T Y COM MIS S ION DOC U MEN TAT ION TO: cJD T. HARDEN, CITY MANAGER ~J VøVDicTo THRU: . 0 ACS, DIREC R DEPARTMENT OF PLANNING AND ZONING !:~ oÆn FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF SEPTEMBER 14, 1993 REPORT OF APPEALABLE LAND USE ITEMS AUGUST 23, 1993 THRU SEPTEMBER 10, 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 August 23, 1993, through September 10, 1993. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1- The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. '. " City Commission Documentation Report of Appelable Land Use Items August 23, 1993 thru September 10,1993 Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF AUGUST 25, 1993 A. Approved the architectural elevation plan (color change - mural) for Art of Africa, located on the east side of South Federal Highway, north of La Mat (Vote 7 to 0). B. Approved the architectural elevation plan for (color change) Mercer Wenzel, located at the northeas t corner of Atlantic Avenue and NE 4th Avenue (Vote 6 to 1). C. Approved the architectural elevation plan (addition of neon lighting to the facia of a restaurant) for Ellie's Deli, located on the west side of North Federal Highway, south of Gulfstream Boulevard (Vote 7 to 0). D. Granted an extension for a period of twelve (12) months the validity of the basic site plan approval for the Groves of Delray. The Groves of Delray is a proposed 158 unit multi-family residential project, located north of Linton Boulevard, on the east of SW 10th Avenue extended. Approval was based on findings that that request was made in a timely manner, that changes in circumstances have not occurred which affect the appropriateness of the land use or consistency with the Comprehensive Plan, and that changes in circumstances pertaining to concurrency and LDR compliance were accommodated by new conditions of approval (Vote 7 to). E. Approved a minor site plan modification, landscape plan and architectural elevation plan associated with the a 2,625 sq. ft. building addition at culligan Water Conditioning facili ty which is located north of NE 4th Street on the west side of NE 5th Avenue (Vote 7 to 0). * Tabled the architectural elevation plan and landscape plan associated with the construction of a 6,000 sq. ft. restaurant for Outback Steakhouse, located at the southeast corner of Linton and 1-95 ( in front of Circuit City) . The Board requested that the applicant readdress the issue of compatibility with respect to style and building material with the shopping center (Vote 6 to 0) . - Map location 41= 7 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF SEPTEMBER 8, 1993 1. Approved the architectural elevation plan (awning addition) for Terri Fieula, located on the west side of SE 5th Avenue, south of SE 3rd Street (Vote 7 to 0). 2. Approved the architectural elevation plan (storage barn) for Lakeview Golf Course, located on the west side of Dover Road, south of Sherwood Boulevard (Vote 7 to 0). 3. Approved the architectural elevation plan (color change for existing awning) for John Grant, Inc. , located southeast corner of George Bush Boulevard and NE 7th Avenue (Vote 7 to 0). '. .. . City Commission Documentation Report of Appelable Land Use Items August 23, 1993 thru September 10,1993 Page 3 4. Approved an internal adjustment to allow pool/spa to encroach within the side interior setback for a multi-family development Ocean Crest, located on the east side of A-I-A, south of Linton Boulevard (Vote 7 to 0). 5. Tabled the architectural elevation plan (canopy addition) for Sherwood Mobil, located at the southeast corner of Lowson Boulevard and Congress Avenue (Vote 7 to 0). 6. Approved a landscape plan modification for perimeter fencing and gating for Quality Imports, located on the west side of NE 6th Avenue, north 0 f NE 2nd Street (Vote 7 to 0) . 7. Tabled the landscape plan and architectural elevation plan for Outback Steakhouse associated with the construction of a 6,000 sq. ft. restaurant, located at the southeast corner of Linton and 1-95, in front of Circuit City (Vote 6 to 0). Action on this item was postponed in that the Board felt the issue of compatibility was not satisfactorily addressed. HISTORIC PRESERVATION BOARD MEETING OF SEPTEMBER 1, 1993 No appealable items were considered by the Board. PLANNING AND ZONING BOARD (No Regular Business Meeting was held during this period) RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map '. .. LOCATION MAP FOR CITY COMMISSION MEETING OF SEPTEMBER 14, 1993 L-30 CAIW. .---.-.---.----.-.- i i I: j ... . ~ ! r---.-.--- I I LAIŒ IlIA ROAD , I I l r--·-·. IIW 2 ST . 1...___.";- -, r·, I . I ! L._., .... -., r'-'-'-.I I Iii . i ~. ~ SW2ST i ATLANTIC I ~ ,.._._...1 i · i a i i LOWSON IOUL£VARD <D I j I ~ . j I ~ ,..-. 'I ). . ~ ~ I I i i ~ ~I I ~ ~ 5 ~_._.__.j 8 t":"\ -c c' . ~ U :::I ! .... :II ! r I ... ¡ ! ._~._._._._._._._._._._._._._~--.-.--._~._._._. . L-JI CANAL CfIY LIMITS -.--.-.-.. S.P.RAS. (SEPT. 8th): S.P.RAS. (AUG. 25th): I WILE I ,. - TERRI FIEULA A. - ART OF' AFRICA I 2. - l.AI<EVI£W GOLF' COURSE STORAGE BARN 8. - t.lERCEl WENZEL SCALE 3. - JOHN GRANT. INC. C. - EWE'S DELI 4. - OCEAN CREST D. - GROVES OF DELRAY N 5. - SHERWOOD t.A08IL E. - CULUGAN WATER CONDITIONING 6. - QUALIlY It.APORTS - 7. - OUTBÞ.CK ST£AKHOUSE CITY OF OElRAY BEACH. Fl PLANNING DEPARnAENT '. " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Z'l'1 SUBJECT: AGENDA ITEM # qB - MEETING OF SEPTEMBER 14 . 1993 RECONSIDERATION OF WAIVER REOUEST/LANDSCAPE TECHNOLOGY DATE: September 10, 1993 This item is before you to reconsider a request from Landscape Technology Inc. for waiver of the condition of LDR Section 5.3.1 (E) , which requires payment of 1/2 of the cost of constructing street/road improvements on Royal Palm Drive. Royal Palm Drive is an unimproved substandard street which is currently finished in shellrock. As a part of the Enclave Improvement Program, city water and sewer services were provided to this area¡ however, no street improvements were made to Royal Palm Drive. At the March 10, 1993, regular meeting the Commission approved the establishment of the Landscape Technology office without road improvements and required that the applicant pay 1/2 the cost of future improvements to the road immediately adjacent to the subject property. Subsequently, the applicant has requested that the condition requiring payment of 1/2 of the costs for road improvements be removed and that he not be required to pay any costs associated with the improvement of the street. The applicant feels that the City is receiving tax revenues sufficient to improve the road. While a certain amount of tax dollars go toward road improvements, the funds are allocated on a priority basis. Royal Palm Drive is on the list of City streets to be improved, but has not been funded. Land Development Regulation Section 5.3.1. (E) specifically addresses the developer's responsibility with regard to road improvements; either improve the road or pay 1/2 of the cost for improvements. Staff, therefore recommends that the request be denied. A detailed staff report is attached as backup material for this item. Recommend denial of the request from Landscape Technology Inc. for waiver of the condition of LDR Section 5.3. 1 (E) , which requires payment of 1/2 of the cost of constructing street/road improvements on Royal Palm Drive. ~ ,. ';1,,,, ,. L-'h if! J) C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: FROM: SUBJECT: MEETING OF SEPTEMBER 14, 1993 RECONSIDERATION OF A WAIVER TO A REQUIREMENT TO PROVIDE IMPROVEMENTS TO ROYAL PALM DRIVE FOR LANDSCAPE TECHNOLOGY, INC ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of RECONSIDERATION of a waiver associated with the site plan approval for Landscape Technology. The waiver is to Code Section 5.3.1{E) which involves the requirement to construct a portion of Royal Palm Drive. The project is located on Royal Palm Drive, just west of Wallace Drive. BACKGROUND: In July, 1992, the site plan for Landscape Technology was submitted to allow the conversion of a single family structure for a commercial use. During the review process it was noted that the right-of-way known as Royal Palm Drive is currently unimproved. Pursuant to Code Section 5.3.1{E), the Royal Palm Drive right-of-way is required to be improved concurrent with, or prior to, any construction associated with Landscape Technology. The applicant was notified of this requirement and subsequently submitted a request for a waiver of the road improvement requirements. The applicant's original reason for this waiver request was that the subject property is located in a redevelopment area of the City and until a redevelopment plan is in place it may not be appropriate for this road to be paved. The issue was heard at the March 10, 1993 City Commission meeting. The City Commission voted 4 to 0 to allow the landscape office to be established without the road improvements. However, the Commission required that the applicant pay l/2 the cost of improving that section of Royal Palm Drive that is immediately adjacent to the subject property, from the centerline of the right-of-way to the property line. '. " City Commission Documentation Waiver Request - Landscape Technology Page 2 Please see the attached City Commission Documentation for further background and analysis on the original waiver request. In August, 1993, the applicant submitted a subdivision plat for Landscape Technology in order to proceed with the redevelopment of the property. Along with this plat the applicant has submitted a request that the required payment of 1/2 of the costs for the Royal Palm improvements be removed, and that he not be required to pay any costs associated with the improvement of the street. As a basis for this second waiver request, the applicant is questioning the past use of tax dollars paid on the subject property that were earmarked for road improvements both prior to and after its annexation to the City. The applicant also states that the "paving department" has stated that the Royal Palm right-of-way has been in consideration to be paved for some time. ANALYSIS: While a certain amount to tax dollars go toward road improvements, the funds are allocated on a priority basis. Royal Palm Drive is on the list of City streets to be improved, but the project has yet to be funded. Development of property along an unimproved street necessitates its improvement to accommodate the new traffic trips being generated. Per Code Section 5.3.1(E), it is the developer's responsibility to improve the road. The Commission has made an exception in this case, and has instead allowed the applicant to establish his office on an unimproved road, based on his agreement to pay 1/2 the costs of the improvement for the portion of the road directly adjacent to his property. Due to the fact that no City funds have been allocated for Royal Palm Drive, and that the conversion of this single family residence to a commercial structure requires a higher level of service, it is appropriate for the developer to either improve the right-of-way or pay 1/2 the cost of that improvement. RECOMMENDED ACTION: By motion, deny the waiver request from paying 1/2 the cost of improving the Royal Palm Drive right-of-way. Attachment: * March 10, 1993 City Commission Documentation, Location Map, & Request Letter T:LSTECHCC.DOC '. .. 0 0 l Building and Zoning Department City of Delray Beach Delray Bea,: h , Florida F~e : 1115 Royal Palm Dr. Delray Beach, Florida As you are aware, I have been to the City Commission c';:.ncerning the paving of Royal Palm Dr. At the meeting it was determined that we w,;:.uld be responsible for 1/2 of the cost of our frontage. After further consideration I request that the city reconsi del" it's decision based on the following: 1- A complete ta:/; sear c f1 SInce the initial developement of this prl:Jperty showing the portion that was to go for road i mp I" c,vemen t . 2. The amount of monIes that transfered from county to city upon annexation of this property into the city limits and the pOI" t i ':Jns of those dollars that were earmarked for road improvementat that time. ..... The ,:urrent monies set aside In the annual taxes for road w. improvements since the city has taken over the property. 4. Landscape Techniques IS and has been providing appro:d matel y 40 jobs In the city of Delray and would like y I:J u to c clnsi del" how many tax dollars are currently being generated from from our presence In your city. Fur t f1er , this road has already had the sewer and drainage put into it and I have talked to the paving department and the property has been in consideration to be paved for some time. We are a gr ':Jwi ng concern and plan on being here for a while and wi 11 continue to improve the area and supply more jobs which betters the economIC growth of the community. All we want is what is fair. If you feel we should start the tax research we will do so immediately. If you feel our additiof1, to the community, which was a drug neighborhood pI" i or to our being here, IS sufficient, please contact me at 276-2552. '. Respect_f~ 1;:4. . Rog Wil iams '. '. C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: DAVID J. KOVACS, DIRECTOR~i ~ ~ð-q DEPARTMENT OF PLANNING AND ON FROM: JANET MEEKS, PLANNER II~- - - SUBJECT: MEETING OF MARCH 10, 1993 CONSIDERATION OF A WAIVER TO A REQUIREMENT TO PROVIDE IMPROVEMENTS TO ROYAL PALM DRIVE r SECTION 5.3. 1 (E)1 FOR LANDSCAPE TECHNOLOGY, INC. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of grantinq a waiver in conjunction with a development request involving site plan approval. The waiver is to Section 5.3.1(G) and involves the requirement to construct a portion of Royal Palm Drive. The development proposal is to establish a landscape contracting business for Landscape Technology in a former single family dwelling. The property is located west of Wallace Drive, on the north side of Royal Palm Drive. BACKGROUND: In July of 1983, the subject property, which included a single family dwelling unit, was annexed into the City via Ordinance Ro. 43-83, and given a zoning designation of R-IA. In 1988 the property was rezoned to LI (Light Industrial), which made the single family dwelling unit a non-conforming use. In October of 1990, with the City wide rezoning and adoption of the LDR's, the subject property was rezoned to MIC (Mixed Industrial and Commercial). Landscape Technology began to operate a landscape contractor's office within the single family'dwelling in January of 1991. In May of 1991, the Code Enforcement Division cited this property for the establishment of a use which had not gone through the appropriate development review procedures. Pursuant to Section 4.4.19(E)(2), in the MIC zone district, any new development or use must be approved by the Site Plan Review and Appearance Board. '. City Commission Documentation Waiver Request for Landscape Technology Page 2 The applicant has been before the Code Enforcement Board on numerous occasions to request an extension to this violation, and extensions have been granted. In July of 1992, a site plan was submitted and reviewed by staff. The applicant was sent a Technical Compliance Letter which listed outstanding technical items. One of those technical items included a requirement to improve (to municipal standards) Royal Palm Drive. A response to that letter was received by the Planning Department in January of 1993, and included a waiver request to this code requirement. Royal Palm Drive Analysis: Royal Palm Drive is an unimproved substandard street which is currently finished in shellrock. As part ot the Enclave Improvement Program, City water and sewer services were provided to this area. However, no street improvements were made to Royal Palm Drive. Right-of-way dedication (25' ) was provided to the south of this development as part of the Sunny Acre Plat. With this development proposal the balance of the right-of-way dedication is to be provided [REF: 5.3.1(A)(3)] for an ultimate right-of-way of 50' from Wallace Drive to the wes tern edge of this property. Section 4.6.3(C) of the LDR's states that where there are lots along a public street, the street is to be improved. In situations where development is desired, and standard improvements (i.e. streets) are not in place, the "developer" is responsible for making the improvements [REF: Section 5.3.1(E)]. Since the substandard condition exists, the change in use from a single family home to a landscape business triggers the requirement to pave the street. The applicant has provided a written request for a waiver of this requirement. A copy of the request letter is attached. Relief to the above requirements must be granted by the City Commission. LOR Section 5.3.1(E)(2) does allow tor payment ot the costs tor construction of 1/2 the roadway (defined as that portion of roadway from the centerline to the property line, for the length of the property) when it is impractical to physically provide the improvements. In this situation, it is physically possible to provide the road improvements from Wallace Drive to the western boundary of this site, as 50' of right-of-way is available. However, at this point in time, it may be impractical to provide the improvements to the street. The site is located in a Redevelopment Area for which a redevelopment plan has not yet been prepared. In addition, the plans for extending S.W. 10th Avenue from Linton Boulevard to S.W. lOth St. will involve some modifications to the existing intersection of Wallace Drive and S.W. 10th St. While a specific design for this modification has not yet been approved, it is possible that the configuration of the Royal Palm/Wallace '. '. City Commission Documentation Waiver Request for Landscape Technology Page 3 Drive intersection will change as well. If Royal Palm is improved now to accommodate this deve~opment, those improvements may have to be removed or changed when S.W. 10th Avenue is completed. It may therefore be appropriate at this time to exact the cost for all or part of the construction of Royal Palm Drive until the ultimate plan for traffic circulation in and around this site has been developed. Waiver Analysis: Pursuant to Section 2.4.7(B), the City Commission may grant a wai ver to any provision of these regulations when there is no other avenue for relief. Prior to granting a waiver, the granting body 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 facilitiesl c. Shall not create an unsafe situation; or, d. Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Under item (a) above, it does not appear that granting this waiver will adversely affect the neighboring area. The unimproved street is an existing condition, even prior to the property being annexed into the City. It is not likely that this development will generate traffic volumes that will create dust or substantial surface erosion. To the north, south and west of the property are vacant lots, to the east is a single family unit that fronts on Wallace Drive, but which takes access from Royal Palm Drive. ~ In terms of the provision of public facilities, the development provides for 25' of dedication for an ultimate right-of-way of 50' , thus in the future the ability to provide an improved street is not diminished. Payment of a portion of that improvement can be exacted to ensure that the property owner pays his fair share. It does not appear that granting a waiver will result in an unsafe situation. The shellrock road is approximately 22' in width, which is wide enough to accommodate two-way traffic. Also, Landscape Technology has been operating (without approval) at this location for approximately two years, and no problems .of a safety nature are noted. '. city Commission Documentation Waiver Request for Landscape Technology Page 4 Regarding the issue of a special privilege, in the past the City has not allowed new construction of single family homes on other than improved streets. This situation involves the re-use of a structure that was allowed to be built under the Palm Beach County's jurisdiction on a substandard street. While the granting of a waiver may set a precedent, each such case should be evaluated as to its particular circumstances, i.e., nature of the proposed use, character of the surrounding area, etc. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: The Site Plan Review and Appearance Board, at its meeting of February 10, 1992, approved the site plan request on a 6 to 0 vote, with the condition that the street be improved, or that relief from this requirement be granted by the City Commission. The Board discussed the waiver request, and felt that since this development was in a "transition" area, a waiver would be appropriate. The Board voted 6 to 0 to recommend that the City Commission approve the waiver request. RECOMMENDED ACTION: Commission discretion. However, if the wai ver is approved, it should be made contingent upon the payment of an amount equal to one of the following: A. The cost of improving the entire street section of Royal Palm Drive from Wallace Drive to the western edge of Landscape Technology's property, ~ B. The cost of improving that section of Royal Palm Drive that is immediately adjacent to the subject property, from the centerline of the right-of-way to the property line. Attachment: * Location Map * Request for Waiver Letter, Dated February 3, 1993 * SPRAB Staff Report JCM/T:CCLAND '. ,. . 0 0 . :< ~... - « - >--- I-- f= _~ _ _ _ :: :; ;I: ¡!: '-- -- ;J: .- ¡!:... C'/ - ¡!: .- I/') .... ~ .... ~.... .... ~ .- = ~ ~ ~J ~ ß ~ ~ . ~~ ~ ~ ~ <Ii ~ P': vi S W 10TH vi STREET w mmmm . . / r- L; LlliWllliJ ~ca " IF ~ ~ I f ~ I' I '~ ~/I t- ~ ¡!: ¡!: I I co" ! ROYAl PALM DR. s.w. 11TH STREET _ r-J V f f--I / f-- - ) / ==, ~ ~ -~ I , I /f I f-- .'f-- n~\~ / _ ~ V" )UUG ~ r / .~ . 12 T. ~ I / ~ C EORGlA STREET Ii / II ~ ~ J B~ ST. ~ A I J~ ¡ß¿ ¡Q :'j'J 51. I~ I! ) ~ z /;~ ~¿ !~ I~ W~ ~~~~ It:: J --' ~ - / ! 1 . 1 ~ tJ7 ( Ì\ w:::;:< QUE"'S A'" NUl ~ DIXIE BOUUV¡ ~ " '''r" . ¡!: scwntIIIDGI: ~ 2 YUAQ[ COHDO ~ vi ) LINTON BOULEVARD ~ .M" CIRCUIT, LANOSCAP[ TECHNOLOGY RœS (CITY ) tf I ~) j '. "I ,", ·. . - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt?1 AGENDA ITEM i ~~ 1993 SUBJECT: - MEETING OF SEPTEMBER 14. REOUEST FOR CONDITIONAL USE APPROVAL/CAUSEWAY LUMBER DATE: September 10, 1993 This item was continued from the August 24th meeting at the applicant's request. This is a request for conditional use approval to establish a lumberyard (Causeway Lumber Company) on the north side of West Atlantic Avenue, between Congress Avenue and the E-4 Canal. The development proposal is to establish a lumberyard and lumber distribution facility for Causeway Lumber Company. The lumberyard will serve as the Causeway's Palm Beach County distribution facility and will be used to store and distribute building material products such as lumber, mill work and hardware. There are two 5,000 square foot structures on the site. The cinder block/stucco structure will house administrative offices and a showroom and the metal building will be used for storing perishable building materials in bulk form. Slightly more than one acre will be used for the storage of lumber. The business as described by the applicant will be limited to delivery (90%) and pick-up ( 10%) . The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The site has been vacant for three years and somewhat neglected. The improvements which will need to be made to the site will greatly improve the appearance of the property. At their August 16th meeting the Planning and Zoning Board recommended approval of the conditional use request (5-1 vote) , subject to conditions. A detailed staff report is attached as backup material for this item. Recommend approval of the conditional use request to establish a lumberyard (Causeway Lumber Company) on the north side of West Atlantic Avenue, between Congress Avenue and the E-4 Canal, subject to the conditions recommended by the Planning and Zoning Board. ,. "I'" '. . ,- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER '!JM, SUBJECT: AGENDA ITEM i 9c. - MEETING OF AUGUST 24. 1993 REOUEST FOR CONDITIONAL USE APPROVAL DATE: August 20, 1993 We have received a request for conditional use approval to establish a lumberyard (Causeway Lumber Company) on the north side of West Atlantic Avenue, between Congress Avenue and the E-4 Canal. The development proposal is to establish a lumberyard and lumber distribution facility for Causeway Lumber Company. The lumberyard will serve as the Causeway's Palm Beach County distribution facility and will be used to store and distribute building material products such as lumber, mill work and hardware. There are two 5,000 square foot structures on the site. The cinder block/stucco structure will house administrative offices and a showroom and the metal building will be used for storing perishable building materials in bulk form. Slightly more than one acre will be used for the storage of lumber. The business as described by the applicant will be limited to delivery (90%) and pick-up (10%). The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The site has been vacant for three years and somewhat neglected. The improvements which will need to be made to the site will greatly improve the appearance of the property. At their August 16th meeting the Planning and Zoning Board recommended approval of the conditional use request (5-1 vote) , subject to conditions. A detailed staff report is attached as backup material for this item. Recommend approval of the conditional use request to establish a lumberyard (Causeway Lumber Company) on the north side of West Atlantic Avenue, between Congress Avenue and the E-4 Canal, subject to the conditions recommended by the Planning and Zoning Board. ~ to 9/111/93 ŒI~ f~ - 5-0 ,. "I"· AUG-23-93 MON 2121:17 P.\ZI2 ~.I. i cia ~ Causevvay ! O\.t) v,s, 41, 8QNITA $PAINGS, FLORIDA MAJUNQ ADDRESS P,o SO)! 1711, BQNITA SPIIINCJS. FI,.OAIOIt. 33981 i\ I I , IIJ ~. t 24, 1993 J,.IIW Dominguez ( , , t '/ () r Delray Beach ) r ,¡ III i JIg And Zoning I H ',¡ ) i ane,: Due to business concerns which have called me out 01 t ~w ¡¡ , I ,1111 unfort.unately unable t<.J at tend the meeting scheduled ¡", (Jll' the Delray City Comrni~sion for this evening. In addition, we also have some issues we would likt.! 1(, l,idH'tH' with your staff before appearing before the cornmÙ)~,¡()n. Your cooperation in our efforts has been most apprec I ,I \ 1 VV II,' I WI' look forward to the meeting ùf September 7 . VI 1'1 ,,'!uly 'iou.rs, If) ~ . ".. . (~ -_.-/ :'-1. :;i_·ott Whidden l'II";i'¡t~nt '. ,. ~ L./¡ ~ 6 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ T. HARDEN, CITY MANAGER ^ ~~~ THRU: DAVID J. KOVACS, DIRE DEPARTMENT OF PLANNING AND ZONING FROM: A. COSTELLO SUBJECT: MEETING OF AUGUST 24, 1993 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A LUMBERYARD FOR CAUSEWAY LUMBER COMPANY ON THE NORTH SIDE OF W. ATLANTIC AVENUE, BETWEEN CONGRESS AVENUE AND THE E-4 CANAL, APPROXIMATELY 700 FT. WEST OF CONGRESS AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request to establish a lumberyard on a parcel of land zoned MIC (Mixed Industrial and Commercial). The subject property is located on the north side of West Atlantic Avenue, between Congress Avenue and the E-4 Canal, approximately 700 ft. west of Congress Avenue, and contains approximately 2.15 acres. BACKGROUND: Causeway Lumber Company is seeking to establish a lumberyard and lumber distribution facility at the property formerly occupied by David Jones Builder, Inc. (general contractors). The site was vacated by David Jones in 1990 and has since remained vacant. The lumberyard will serve as Causeway's Palm Beach County distribution facility and will be used to store and distribute building material products such as lumber, millwork and hardware. The existing 5,000 sq. ft. c.b.s. structure will house administrative offices (4,000 sq. ft. ) and a showroom (1,000 sq. ft . ) . The existing 5,000 sq.ft. metal building will be used for storing perishable building materials in bulk form i.e. nails, roofing products, doors, bag goods, etc. Slightly more than one acre will be used for storage of lumber. The business as described by the applicant will be limited to delivery (90%) and pick-up by licensed contractors (10%) . An analysis of the request is found in the attached Planning and Zoning Board Staff Report. '. ·. . City Commission Documentation Meeting of August 24, 1993 Causeway Lumber Company Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of August 16, 1993, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was public testimony taken that supported the proposed use and no testimony that opposed the use. After reviewing the staff report, the Board voted 5-l (Kellerman dissenting) to recommend that the Conditional Use request be approved subject to the following conditions: A. That a complete site plan modification application be submitted pursuant to Section 2.4.3 of the Land Development Regulations, which addresses the "Items of Concern" identified in this Staff Report. B. That the district boundary buffering requirements (a hedge 4.5' at the time of planting and trees every 25' ) for the west property line be met to the fullest extent possible under Lake Worth Drainage District guidelines. C. That the area along Atlantic Avenue in front of the wall contain the minimum amount of parking necessary for this operation, and that landscaping be installed which will enhance the upgrades and improvements being made elsewhere along the Avenue. D. That a service lateral connection be made to the existing water main along the north side of Atlantic Avenue and fire hydrants be installed along Atlantic Avenue. E. That the applicant work with staff to explore all means of having the billboard removed from the premises; that, at a minimum, there be no renewal of the billboard lease agreement; and, that the applicant not object to the removal of the billboard. F. That the equipment and stacked lumber be limited to a maximum height of lO'. G. That II' of right-of-way be dedicated for Atlantic Avenue. H. Tha t a Boundary Plat be processed pursuant to Chapter 5 of the Land Development Regulations. RECOMMENDED ACTION: By motion, approve the Conditional Use request to establish a lumberyard (Causeway Lumber Company) subject to the findings and conditions as recommended by the Planning and Zoning Board. Attachments: * Exhibit "A" (Site/Sketch Plan) * P&Z Board Staff Report & Documentation of August l6, 1993 T:CCLUMBER.DOC '. .~ \ EXHIBIT" A" ð~' f ¿' ~ 9 I ' ~ '11 ;"'\ ~... , ' \ l '\ì.. ..,. \ ' ~ I '<\... '14 '} I N .. 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'PLANNING AND ZONING BOARD . erN OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: August 16, 1993 AGENDA ITEM: IILB. ITEM: Causeway Lumber Company - Conditional Use Request to Allow the Establishment of a Lumberyard in the MIC District 4 en en 1.&.1 D:: 0 ~TL~HTIC z 0 N -r;G (J ~~ GENERAL DATA: Owner....................Resolution Trust Company Agent....................Richard K. Hollowell, Director Real Estate Recovery, Inc. Applicant................M. Scott Whiddon Causeway Lumber Company, Inc. Location.................North Side of W. Atlantic Avenue, between Congress Avenue and the E-4 Canal. Property Size............2.15 Acres City Land Use Plan.......Commerce City Zoning..............MIC (Mixed Industrial and Commercial) Adjacent Zoning...North: MIC East: MIC South: PC (Planned Commercial) West: R-1AA (Single Family Residential) Existing Land Use........Vacant Industrial Building. Proposed Improvement.....Establishment of a Lumberyard. The existing structures will be utilized for administrative offices and storage. Water Service............Buildings not connected to the City's water system. Water Service available via service connection an existing 12" water main along the north side of Atlantic Avenue. Sewer Service............Septic system existing on-site. Sewer III.B. Service available 800' east of the orooertv. '. I T E let B E FOR E THE BOARD: The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request to establish a lumberyard (Causeway Lumber Company) . The subject property is located on the north side of W. Atlantic Avenue, between Congress Avenue and the E-4 Canal, and contains approximately 2.15 acres. A survey was submitted along with the Conditional Use application. Staff has identified items that will require the processing of a site plan modification pending approval of the Conditional Use. BACKGROUND: On November 8, 1988, the property was annexed into the City with the GC (General Commercial) zoning designation, pursuant to the City of Delray Beach Enclave Act (Enclave 66) via Ordinance No. 127-88. At the time of annexation, the property was occupied by David Jones Builder, Inc., general contractors. With the adoption of the City's Comprehensive Plan in 1989, the property's land use plan designation was changed from Commercial to Commerce. With the Citywide Rezoning of October 1, 1990, the subject property was rezoned from GC to MIC (Mixed Industrial and Commercial) . The site was vacated by David Jones in May of 1990 and has since remained vacant. On July 2, 1993, an application for Conditional Use approval was submitted. The request is now before the Board for action. PROJECT DES C RIP T ION : The development proposal is to establish a lumberyard and lumber distribution facility for Causeway Lumber Company. The lumberyard will serve as the Causeway's Palm Beach County distribution facility and will be used to store and distribute building material products such as lumber, millwork and hardware. The existing 5,000 sq. ft. c.b.s. structure will house administrative offices (4,000 sq. ft. ) and a showroom (1,000 sq. ft. ) . The existing 5,000 sq.ft. metal building will be used for storing perishable building materials in bulk form i.e. nails, roofing products, doors, bag goods, etc. Slightly more than one acre will be used for storage of lumber. The business as described by the applicant will be limited to delivery (90%) and pick-up by licensed contractors (10%). There will be a staff of 7 employees. The hours of operation will be Monday through Friday, 7:00 A.M. to 5:00 P.M., and Saturday, 7:00 A.M. to l:OO P.M. '. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 2 CON D I T ION A L USE A N A L Y S I S : CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 of the Land Development Regulations, prior to 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 Board to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Land Use Plan designation of Commerce and a MIC (Mixed Industrial and Commercial) zoning designation. The MIC zone designation is deemed consistent with the Commerce land use plan designation. Pursuant to Section 4.4.19(D)(4), within the MIC zone district, a lumberyard is allowed as a Conditional Use. Based upon the above, it is appropriate to make a positive finding with respect to cons i s tency with the Future Land Use Map. I CONCURRENCY: I 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. Water and Sewer: To date no water and sewer plans have been submitted. Utility Billing records indicate that the existing structure is not connected to either the City's water or sewer system. It appears that the building is presently serviced by well and septic systems. * Water - Water service is available via an exist.ing l2" water main located along the north side of west Atlantic Avenue adjacent to the subject property. Pursuant to Section 7.7.6, connection to the City water supply system is required when it is feasible. Therefore, a service lateral connection must be made to the 12" water main along Atlantic Avenue. '. '. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 3 Presently, fire suppression is not provided to the site, as there are no fire hydrants along this section of Atlantic Avenue. The Fire Department has indicated that fire hydrants will be required at the southwest and southeast corners of the property and that the building will need to be automatically sprinkled. The hydrants can be connected to the existing 12" main. * Sewer - As previously stated, the existing structures are connected to a septic tank system and not to the City's sanitary sewer system. The nearest connection is to a lift station at the Chevron gas station, approximately 800' east of the property. Pursuant to Section 6.1.11(A), where sanitary sewerage systems are not reasonably accessible, individual septic tank systems may be used provided they meet Palm Beach County Health Department requirements and the sewer is not within 200' of the property. As the nearest sanitary sewer is 800' from the property, a sewer main extension and service lateral connection will not be required with this development proposal. Drainage: Presently drainage is retained on-site via landscape areas and other previous areas. With the site plan modification submittal, a preliminary drainage plan will need to be submitted as changes will be made to the site and additional paved surfaces will be installed. At this time, there are no problems anticipated. Streets and Traffic: A Traffic Study was submitted indicating that the proposed development (lumberyard) will not generate trips that are in excess of those generated by the previous use of a contractor's facility. The City's Traffic Engineer reviewed the study and determined that the development proposal complies with the Palm Beach County Traffic Performance Standards. The traffic generated by this development will not have an adverse impact on the level of service standards along Atlantic Avenue. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Trash generated each year by the proposed use will generate approximately the same as the previous use (contractor's office) which generated 5.4 pounds per square foot of floor area. The trash generated can easily be accommodated by existing facilities, and thus, will not be significant with respect to level of service standards. .. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 4 I CONS I STENCY: I (Compliance with performance standards set fourth in Chapter 3 and required findings in Section 2.4.5(E) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency). A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies are noted: Conservation Policy B-2.5 - Whenever new development or redevelopment is proposed along a waterway, a canal, an environmentally sensitive area, or an area identified via Policy B-2.1, an area equivalent to at least 10% of the total area of the development shall be set aside in an undisturbed state or 25. of native communities shall be retained pursuant to Treasure Coast Regional Planning Commission Policy 10.2.2.2. Compliance with this Policy has been met by the existing open area adjacent to the west of the existing structures and parking lot. This open area is equivalent to 13% (12,980 sq. ft.) of the total area of the development. Traffic Element Table T-4 Atlantic Avenue - Pursuant to this Element of the City's Comprehensive Plan and the Palm Beach County Thoroughfare Plan, the ultimate right-of-way width for this section of Atlantic Avenue (between 1-95 and Military Trail) is 120' . South of the centerline of Atlantic there exists 60' of right-of-way, however, north of the centerline there only exists 53' of right-of-way, or a deficiency of 7' . In addition, the Palm Beach County Engineering Department has a road improvement plan which calls for a transition in the width of the roadway section west of the Congress/Atlantic intersection. That transition area will require an additional 4 ' of right-of-way, for a total dedication from the subject property of 11' in right-of-way. This dedication requirement is supported in the City's Traffic Element Policy A-2.2, which states that right-of-way dedications must include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Plan. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(S) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: " 'II" '. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 5 A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north and east by the MIC zone district, on the south by the PC (Planned Commercial) zone district, and on the west, beyond the E-4 Canal, by the R-lAA (Single Family Residential) zone district. The following are the existing land uses adjacent to the subject property: north of the property is Shaw Trucking,Inc.; south, across Atlantic Avenue is Congress Square shopping center; east is Consolidated Electric Supply; west, across the E-4 Canal, are single family dwellings (Breezy Ridge Estates subdivision). With respect to the adjacent industrial and commercial properties, the lumberyard should not have any adverse impacts. There is a 7' c.b.s. wall along the north, south, and east side of the property. The wall will screen the lumber that will be stored on the site. Additional screening, as discussed further under "Outside Storage", will need to be installed. Compatibility with the residential properties to the west is not a major concern. The lumber will be stored north and east of the building, and will be adequately screened from the residences. However, the west facades of the existing structures have not been well maintained and must be repainted. Also, pursuant to Section 4.6.4(B)(2)(a) (District Boundary Treatment), where industrially zoned property does not directly abut residentially zoned property, but is separated from it by a street or waterway, a solid wall or continuous hedge 4.5' high at the time of planting should be provided along the boundary line. Thus, a hedge or wall must be installed along the west property line. Further, along the west side of the property, one tree every 25' must be installed [ref. Section 4.6.16(H)(3)(e)]. The hedge and trees should abut the west side of the structures, thus providing foundation plantings and trees to soften the west facade of the building. The requirement for landscape treatments along the west boundary may conflict with restrictions on plantings imposed by the Lake Worth Drainage District. At this time, it is unclear as to whether Lake Worth Drainage District has an easement or right-of-way along this property. LWDD has informed the City that within easement areas it will permit only low profile plantings i.e. hibiscus, ixora, etc. , which could be easily driven through if maintenance of the canal is required. In addition, a maximum height restriction may be placed upon such planting. Staff will work with the applicant and LWDD officials during the site plan modification process to ensure that the buffering requirements are met to the maximum feasible extent. '. '. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 6 With the installation of improvements as described in this report, the proposed use should not have an adverse effect on the adjacent neighborhood nor should it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved, a site plan modification submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a survey was submitted and reviewed by staff. Based upon staff's review of the survey and site inspections, the following "Items of Concern" were identified. Technical comments, which include the items below, have been transmitted to the applicant and will need to be addressed with the site plan modification. I T EMS o F CONCERN . . 1. Outside Storaqe Pursuant to Section 4.4.l9(D)(1), outside storage in the MIC may be allowed only in the rear yards and then only when screened from view from adjacent properties and public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. The proposal is to keep most of the lumber within the area to the east side of the buildings. Technically, this area may be considered a side yard rather than a rear yard, as a rear yard is defined as the area between the building and the rear property line. The same limitation on the location of outside storage to rear yards also exists in the Industrial zoning district. However, both the MIC and I districts allow numerous conditional uses which conduct a major portion of their operations outdoors. Included among these uses are the rental and sales of modular buildings, storage lots for vehicles and construction equipment, ornamental stone cutting, and lumberyards. Outside storage is a primary and integral part of these uses, rather than being an accessory use to the main operation, and it is not always possible or desirable to limit the storage to rear yards. Thus, it may be appropriate for the Board to initiate an amendment to the Code to modify the guidelines regarding outside storage, especially as it relates to outdoor uses. The applicant has stated that the lumber that is to be kept outside will be stacked at a height to not exceed of 10' . As previously stated, most of the lumber will be in the area east of the buildings, which will adequately screen the '. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 7 lumber from the residences to the west. Along the north, south and east sides of the property, there is an existing 7' high c.b.s. wall which will provide some screening of the lumber from adjacent properties. However, as the lumber could be stacked 10' high, further screening is appropriate. This can be accommodated through the installation of trees adjacent to the interior of the wall. The wall with trees planted on the interior should provide an adequate buffer to the adjacent properties. 2. Fire Access The Fire Department has stated that the lumber stored outside must be accessible by driveways having a minimum width of 15', within the storage areas. Therefore, the site plan must show the driveways/aisles between the stacks of lumber. Disposition of this item will be handled by SPRAB during site plan review. 3. Parking Requirements Pursuant to Section 4.6.9(C)(5)(a), industrial uses (manufacturing, assembly, attendant offices) must provide 3 parking spaces per 1,000 sq. ft. of floor area devoted for such uses. In addition, 1 space must be provided per 1,000 sq. ft. of floor/use area devoted to storage and warehouse. The outside storage (use) area must be included in the parking calculations. Based upon the information submitted today, a total of 73 spaces are required where only 28 spaces have been provided. Pursuant to Section 4.6.9(C)(1) (g) (Reduction Allowed) , when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that the number of parking spaces required for a specific use is appropriate to its application to a specific site, the body which acts on the attendant site plan (SPRAB) may reduce the parking requirements accordingly. The applicant has indicated that as the lumberyard involves the receipt, storage, and delivery of materials, there is very little need for permanent parking spaces. He intends to seek a parking reduction, which staff feels can be justified. 4. Loading Bays Loading bays must be located on the property and shown on the site plan [ref. Section 4.6.10(C)]. The bays should be delineated for customers (contractors) and distribution (business) purposes. '. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 8 5. Driveway Relocations West Driveway - The Atlantic Avenue improvement plans call for relocation of the west driveway approximately 25' to the east. The driveway is being relocated to accommodate the guardrail for the bridge expansion (6 lanes). With the relocation, the driveway will not be aligned with the entrance to the loading/storage area (west wall opening) and will require delivery trucks to make a number of turning movements. The applicant may want to consider redesigning this portion of the parking lot, so the driveway and wall opening are aligned. East Driveway - The City's Traffic Engineer has indicated that the east driveway onto Atlantic Avenue must be relocated approximately 20' further to the west. This will allow better alignment with the median cut and better left turn movements exiting the site. with respect to the east driveway, Causeway Lumber should consider contacting Palm Beach County Engineering Department to have the driveway modification incorporated into the Atlantic Avenue roadway improvement plans. Resolution of this item will occur with the site plan action. As alterations to the site will occur along Atlantic Avenue, consideration should be given to eliminating excess paved area to enhance the beautification of Atlantic Avenue. (Refer to the discussion under Item 9 - Atlantic Avenue Beautification). 6. Wall Openings The driveway through the west opening in the wall currently accommodates two-way traffic. Presently, the opening is only 15' wide. The applicant has indicated that the west opening will be used for one-way traffic entering the lumberyard area and the east opening will be one-way exiting the yard area. If this is the case, the site plan modification will have to indicate signing and striping to ensure proper one-way traffic circulation. 7. Metal Frame Structure Pursuant to Section 4.3.4(K), within the MIC zone district, a 10' rear building setback is required. On the north side of the property there is an existing frame structure that is located along the north property line. The Chief Building Official has considered this a legal nonconforming situation. Information must be provided with respect to the intended use of the structure. Any remodeling work would be limited to 10% of the current replacement cost of the structure [Ref. LDR Section 1.3.6(A)]. It may be appropriate to have the structure removed. '. ,. . P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 9 8. Dumpster Location The survey did not show a dumpster location on the property. The dumpster locations and method of screening must be indicated on the site plan. Also, dumpsters should be prov ided which accommodate recyclable materials. Further, separate waste removal accommodations should be used for trash generated from the administrative offices and lumberyard function. 9. Atlantic Avenue Beautification The property has not been well maintained and its landscaping is in poor condition. At a minimum, the landscaping will need to be upgraded to comply with the current landscape code. With the unique aspects of the proposed use, (I.e. the ability to have the use and parking contained almost entirely within the walled in area) the opportunity exists to have additional landscaping which will enhance Atlantic Avenue and support the efforts that have been made for its beautification. As the applicant previously stated, the parking demands for the lumberyard will be less than the parking spaces existing on the site. Therefore, consideration should be given to eliminating the center parking tier and converting it to a landscaped area. In order to allow for future expansions or conversions of the use, it may be appropriate to design the parking area so that additional spaces could be easily accommodated if necessary. o THE R I T EMS . . Lake Worth Drainaqe District Easement Lake Worth Drainage District currently claims right-of-way for the E-4 Canal which includes a portion of the existing buildings. The document which deeds the right-of-way to the District has not been submitted and the exact width has not been specified. Further, the District has been discussing options with Causeway Lumber's representative, with respect to the building encroachment. The details have not been submitted to the City. The item will be resolved with the processing of the site plan modification. Platting The subject property is unplatted and its legal description is one of metes and bounds. As part of the development proposal, rights-of-way dedications (Atlantic Avenue & E-4 Canal) are required. Therefore, it is appropriate that a boundary plat be processed pursuant to Section 5.1.1. With respect to the Atlantic Avenue dedication, a Palm Beach County right-of-way deed must also be processed and recorded, with the O.R. Book and Page referenced on the plat. ,. IliO P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 10 Billboard There is an existing billboard located on the subject property. Pursuant to the City's sign regulations (LDR Section 4.6.7), the billboards are nonconforming signs and should be removed. The billboard is currently under a long term lease (expires year 2010), which may constitute an illegal subdivision. presently, no information has been submitted regarding the legal aspects of the lease. Given the above situation, the new owners should cooperate with the City in seeking removal of the billboard. Left Turn Lane (Atlantic Avenue) Along Atlantic Avenue there is a median cut in front of this property. The cut does not include an eastbound left turn lane, and the Atlantic Avenue improvement plans do not provide for the installation of a left turn lane at this location. Thus, eastbound left turns cannot be accommodated into this site. The applicant has stated that a majority of the lumberyard's traffic will be westbound, and that the minimal number of eastbound delivery trucks will be routed to Congress Avenue, north of Atlantic, where they would then make a U-turn and return to the site. It is noted that if a problem does arise with left turn movements entering the site, alterations to the median may need to be made. REVIEW B Y o THE R S : The development proposal is not located within a geographical area requiring review by the Downtown Development Authority or the Community Redevelopment Agency. Site Plan Review and Appearance Board: If approval is granted for the Conditional Use, a site plan modification submittal will follow. Final action on the site plan submittal rests with the SPRAB (Site Plan Review and Appearance Board) . The site plan must accommodate concerns raised through the conditional use analysis. Special Notice: Special Notice has been provided to the following homeowner's associations and citizen's groups: Delray Beach Council of Communities Hamlet Homeowner's Association Progressive Residents Of Delray (PROD) United Property Owners Woodlake Homeowner's Association '. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 11 Public Notice: Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ASS E SSM E N T AND CON C L U S ION : The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The site has been vacant and somewhat neglected for 3 years. The improvements which will need to be made to the site will greatly improve the appearance of the property. There are no significant issues that pertain to the proposed use. The "Items of Concern" identified in this report will be addressed in detail during the site plan modification process, and will provide substantial upgrading of the site and eliminate existing nonconforming situations. However, whether or not total compliance is met depends upon LWDD's disposition with respect to landscaping adjacent to the canal, the City Attorney's disposition regarding removal of the billboard, and the Chief Building Official's determination with respect to the nonconforming metal structure. A L T ERN A T I V E ACT ION S . . 1. Continue with direction. 2. Recommend approval of the Conditional Use request for Causeway Lumber Company based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan, subject to conditions. 3. Recommend denial of the Conditional Use request for Causeway Lumber Company based upon a failure to make positive findings with respect to Section 2.4.5 (E)(5) (Compatibility) and Chapter 3, Sections 3.1.1(C) (Consistency) of the proposed use with adjacent land uses. R E COM MEN D E D ACT ION : Recommend approval of the Conditional Use request for Causeway Lumber Company based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to the following conditions: " P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 12 A. That a complete site plan modification application be submitted pursuant to Section 2.4.3 of the Land Development Regulations, which addresses the "Items of Concern" identified in this Staff Report. B. That the district boundary buffering requirements (a hedge 4.5' at the time of planting and trees every 25') for the west property line be met to the fullest extent possible under Lake Worth Drainage District guidelines. C. That the area along Atlantic Avenue in front of the wall contain the minimum amount of parking necessary for this operation, and that landscaping be installed which will enhance the upgrades and improvements being made elsewhere along the Avenue. D. That a service lateral connection be made to the existing water main along the north side of Atlantic Avenue and fire hydrants be installed along Atlantic Avenue. E. That the applicant work with staff to explore all means of having the billboard removed from the premises; that, at a minimum, there be no renewal of the billboard lease agreement; and, that the applicant not object to the removal of the billboard. F. That the equipment and stacked lumber be limited to a maximum height of 10'. G. That 11' of right-of-way be dedicated for Atlantic Avenue. H. That a Boundary Plat be processed pursuant to Chapter 5 of the Land Development Regulations. Staff Report prepared by: Jeff Costello, Planner Report reviewed by David J. Kovacs on: August 11, 1993 Attachments: * Exhibit "A" (Survey) * Location Map JC/TICAUSEWAY.DOC ,. I'" .. , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM it 'iD - MEETING OF SEPTEMBER 14. 1993 REOUEST FOR MODIFICATION OF STANDARDS/975 CYPRESS DRIVE DATE: September 10, 1993 We have received a request from the property owner at 975 Cypress Drive for modification of the standards contained in Land Development Regulations Section 7.9.5 (C) to a II ow a dock wi thin 10 feet of the adjacent property line. LDR Section 7.9.5 (C) states when the plot frontage along a body of water exceeds 100 feet in length, a dock shall not extend closer than 25 feet to the property line of adjacent property. The location of this property and the configuration of the lot restricts the ability to meet the 25 foot requirement. The City Engineer has reviewed the request and recommends approval. Recommend approval of the request for modification of standards from the property owner at 975 Cypress Drive. ,. "I"; .. . Agenda Item No.: ~ AGENDA REOUEST Date: August 23, 1993 Request to be placed on: --X-- Regular Agenda ____ Special Agenda ____ Workshop Agenda When: August 31, 1993 Description of item (who, what, where, how much): Buildina Permit No. 93-23745. 975 Cvpress Drive. Owner: Dale Popik reauest is for waiver of Sections 7.9.5 lC\ of the land development reaulations which state that for a lot with 100 feet or more of water frontaae. a dock must be a minimum of 25' from the propertv line. The proposed dock in auestion is 10' from the propertv line. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation:Staff recommends a waiver of reauirements 7.9.5 lC\ as outlined in section 7.9.4 lA\ of the L.D.R. based on the attached letter from the owner. and the confiauration and location of the lot. Department Head Signature: ~.Æe>-""".~"¡Zi9.:3 Determination of Consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenj/;t ~/NO tYft'1 Hold Until: ~ / Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AGCYP823.MRM '. .. . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager ~ THRU: William H. Greenwood ~~ 'I}~ Dir. of Environmental Services FROM: Dan Beatty, P.E. ~ Asst. City Engine . DATE: August 23, 1993 SUBJECT: WAIVER OF DOCK LOCATION BLDG. PERMIT NO. 93-23745 975 CYPRESS DRIVE Attached is an agenda request and letter from the owner for waiver of section 7.9.5 (C) of the L.D.R. for a proposed dock. Section 7.9.5 (C) of the L.D.R. states that for a lot with greater than 100' of water frontage, a dock must be located 25 feet from the property line. The proposed dock in question is ten feet from the property line (see attached sketches) . The location and configuration of the lot restrict the ability to provide 25' from the property line while maintaining a straight dock. As outlined in section 7.9.4 (A) of the L.D.R. and based on the above information we recommend approval of the waiver of section 7.9.5 (C) . DB: mm File: Memos to City Manager DBWAI823.MRM '. '0 . . . DJILE E. POPIK AUGUST 12, 1993 9-q: CYPRESS DR. I.) DELRAY BEACH, FL 33l~83 RALPH HAYDEN CITY ENGINEER CITY OF DELRAY BEACH 100 N.W. 1ST AVE. DELRAY BEACH, FL 33/+44 DEAR MR. HAYDEN, I AM THE OWNER OF 975 CYPRESS DR., WHICH IS A PROPERTY LOCATED ON A POINT LOT OF THE INTERCOSTAL. I AM PLANNING TO REMOVE THE OLD HOUSE LOCATED ON THE PROPERTY AND REPLACE IT WITH A MUCH LARGER HOME. THE 200 FT. OF SEAWALL WILL BE BRACED AND A KEW CAP INSTALLED. THE OLD DOCK WHICH IS LOCATED ON THE PROPERTY LI~E WILL BE REBUILT AND OF COURSE MOVED OFF THE ADJOINING PROPERTY LINE. WHEN I ENTERED THE PLANNING STAGE FOR THE NEW CONSTRUCTION, I MET WITH CITY PLAN EXAMINER TO DEFINE THE SET BACK LIMITATIONS FOR THE BUILDING AND THE DOCK. AT THAT TIME I WAS TOLD THAT THE DOCK HAD A 10 FT. SET BACK FROM THE ADJOINING PROPERTY. Al ''ER MY ENGINEER DESIGNED THE PLAN AND WAITED FOR THE APPROVAL FRt>M THE ARMY CORP, I SUBMITTED THE PLAN TO THE CITY OF DELRAY. AT THAT TH'lE I WAS INFORMED THAT SINCE MY LOT HAD OVER 100 FT. ON TH~ WATER THAT I WAS SUBJECTED TO A 25 FT. SET BACK LIMITATION FO,~ THE DOC]:. THE CITY PLANS EXAMINER SAID THAT HE MISUNDERSTOOD TH,~ RULE. TUE FRONTAGE WAS UNLY 65 FT. ON THE SIDE CANAL AND HE F:I ¡;URED THA ':' THE S E'f BACK \II.\S ONI. Y 10 FT. TI-!(S LIMITþ'i'ION IS CAUSING GREAT HARDSHIP. THE SIDE CANAL WHERE I PLAN TO J:;\ICK MY 46 FT. BO/,T IS ONLY 65 FT. LONG, PERMITTING Ot-:LY A 40 f'" DOCK WITH THAr 25 FT. RESTRICTION. THAT WOULD L . PL,\CE THE F j:ONT OF ;-\.Y BOAT tXTENDING INTO THE INTERCOSTAL. THE PIII>PERTY IS LOCATED ON A HL;H SPEED ZONE OF THE INTERCOSTAL AND TH;~ WAKE LIL':IT IS NEVER ENI'¡)RCED. THE WAVE ACTION WOULD PROHIBIT TH ,: DOCKING OF MY BOAT AT ¡': \' PROPERTY. I WOULD NEVER HAVE PLANNED TO BUILD ON THIS LA~D IF I WAS TOLD OF THE SET BACK IN THE BEGINNING. '. '. . I DISCUSSED THIS PROBLEM WITH CHIEF BUILDING OFFICIAL, JEROME SANZONE. MR. SANZONE INFORMED ME THAT HE HAS BEEN TRYING TO GET THIS RESTRICTION CHANGED FOR ABOUT 2 1/2 YEARS. HE SAYS THAT THERE DOES NOT SEEM TO BE ANY BENEFIT TO ANYONE FOR THIS RESTRICTION AND THAT IT IS AGAINST THE RESIDENT WHO OWNS MORE EXPENSIVE PROPERTY. I AM REQUESTING YOUR HELP IN THIS MATTER. REQUESTING THAT THE CITY GRANT ME RELIEF FROM THIS UNFAIR RESTRICTION. IF I AM NOT ABLE TO DOCK MY BOAT ON MY PROPERTY THAT WAS SO EXPENSIVE TO BUY THEN I DOUBT THAT I CAN JUSTIFY BUILDING NEW HOME THAT WILL BE SO EXPENSIVE TO CONSTRUCT. PLEASE LOOK AT THIS SITUATION AS YOU WOULD IF IT WAS YOUR TRYING TO BUILD YOUR OWN HOME. ENCLOSED YOU WILL FIND COPIES OF THE CURRENT SURVEY AND PROPOSED DOCK PLANS. ALL OF MY PLANS ARE ON HOLD RIGHT NOW UNTIL THIS PROBLEM IS RESOLVED. PLEASE TRY TO LET ME KNOW WHAT THE CITY'S DECISION IS AS SOON AS POSSIBLE. THANK YOU. YOURS TRULY /ªpf~ ~() 7- P1.. 7tt- f9'~3 110 he' ,. lill< '. :' .'., í . .' . "~- . . , ,.,' I \.-' ~c>-Y ¿¡::) (~ ~"'\ (),. \J'J ,;;rE:. ~ , W~~ . ~.&'"). -- \ \ " "E:. ..-. . ~ ~ ~-=- --- ---- ,FO,",""D !-J/I.\\.. r..... ^ O~ ;¡.....' --.. ---. . ~ ~. ,~ ' ~ ,\ F'cu~C .<\ ' " cS1 tlø.\L.L.. 'vi '14 r>e:.t.J'(ð.1J la~~I.. I-\o~~ ~ \ \., . ., - .... 1: \ ·0' 0 \ tfI ø O¡, . 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("') {'1' 0 ~ - I' "IIÞ, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER M SUBJECT: AGENDA ITEM # qE - MEETING OF SEPTEMBER 14. 1993 TENNIS DIRECTOR AGREEMENT DATE: September 10, 1993 This item is before you to approve the annual agreement with Mr. Edward Foster, Tennis Director. The agreement sets forth the responsibilities of the Tennis Director as well as benefits and compensation. In addition to a salary and health insurance, the Director will be paid an incentive bonus based upon the net operating profit of the Tennis Center. The bonus ranges from 7.5% to 15%. The agreement also provides for one ( 1 ) additional one-year renewal. Several modifications have been made to this year's contract. These items are addressed in the Parks and Recreation Director's cover memorandum. Briefly, deletions included the requirement for the profit/loss statement¡ the language requiring the Tennis Director to be on site Monday through Friday and at least 40 hours ¡ and the termination clause recommended by the City Attorney. Recommend approval of the agreement with Mr. Edward Foster, Tennis Director for the period ending September 30, 1994. I~ ,. "If. .. 7>//1 c:r~ [IT' DF DELIA' BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Tennis Director Agreement DATE: August 26, 1993 Attached please find the agreement for the Tennis Director for the Tennis Center. Per your request, the following changes have been made: 1.) 3 (d) - The sentence that the Tennis Director shall provide a profit/loss statement every six months was deleted. 2. ) 3 (e) - The terminology that the Tennis Director must be on the premises of the Tennis Center Monday through Friday at least 40 hours a week was deleted. 3. ) 5 (c) - "...for the preceding fiscal year" was added to the end of the sentence that stated the incentive bonus shall be paid no later than December 15th of each year. 4 . ) 1 (b) - The City Attorney's office added language that the Tennis Director or the City may terminate this agreement without cause by giving 90 days' written notice. I deleted that sentence. If this is satisfactory, please place this on City Commission's agenda for their consideration. Parks and Recreation cc: Ed Foster, Tennis Director David Tolces, Assistant City Attorney Ref:dhtnsagr THE EFFORT ALWAYS MATTERS .. ,. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF DELRAY BEACH TENNIS DIRECTOR THIS AGREEMENT, entered into this day of , 1993, by and between the CITY OF DELRAY BEACH, hereinafter referred to as "City" and EDWARD FOSTER, herein- after referred to as "Tennis Director". WHEREAS, the City of Delray Beach has provided certain recreation facilities known as the Delray Beach Tennis Center for the use and benefit of the public under the administration of the Delray Beach Parks and Recreation Department; and WHEREAS, the City has determined it to be in the public interest to contract with a Tennis Director in order to assure competent management in order to furnish recreation oppor- tunities to the public of the highest quality and at a reason- able rate. NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed by and between the City and the Tennis Director, that: l. Terms of Contract. (a) -"'Fhe term of this contract shall be for one ( 1) year commencing on , 1993, and shall end at the close of business on , 1994, unless sooner terminated under the provision of this contract. (b) In the event of termination, all fixtures owned by the City, and improvements to the pro shop shall become the property of the City. (c) This contract may be renewed for one ( 1 ) additional year term if both parties agree in writing to said renewal sixty (60) days before the expiration of this agreement. 2. The Contract Premises. (a) The City shall provide a retail pro shop for the sale of tennis balls, rackets, tennis clothing, stringing of rackets, rental of tennis equipment, and any other normal activity associated with the operation of a tennis pro shop. '. (b) The City shall provide the courts, nets, lighting, and maintenance required for the use of the tennis courts. 3. Responsibilities of the Tennis Director. (a) The Tennis Director shall be responsible to the Parks and Recreation Director for the management of the , Tennis Center. This responsibility shall include, but not be limited to, supervision of all reserva- tions for the use of the tennis courts as provided for by the rules and regulations of the tennis center. The Director shall police the use of the courts by assuring proper starting and finishing times. Furthermore, the Tennis Director shall request the proper identification from tennis players in order to determine the correct fee for the use of the tennis courts. (b) The Tennis Director shall promote the tennis center and actively seek and conduct amateur tennis tourna- ments, leagues, clinics and other tennis programs deemed to be in the best interest of the City. The Tennis Director shall also market the facility and be available to present all existing tennis center programs to local groups or individuals when called upon. The Tennis Director shall conduct tours of the Tennis Center for any groups or individuals interested in memberships. -- (c) The Tennis Director is authorized to provide tennis lessons up to six (6) hours a week. Twenty percent (20%) of his lesson fees will be deposited with the City. (d) The Tennis Director shall collect all court fees, lesson fees, light fees, membership fees, revenues from merchandise sales, and any other revenues collected at the Tennis Center. These revenues shall be deposited on a daily basis with the City in a manner prescribed by the Director of Parks and Recreation. The Tennis Director shall be allowed to string tennis rackets, and shall retain all revenues received from this activity. (e) The Tennis Director shall provide adequate super- vision over the Tennis Center, without limitation; including supervision of the City employees assigned to the Tennis Center. The Tennis Director may be absent for holidays, vacation and other activities approved in advance by the Director of Parks and Recreation. -2- '. .. 4. Responsibilities of the City. (a) The City shall supply personnel for the operation and maintenance of the Tennis Center. The number of employees and their compensation shall be determined by the City. (b) All tennis instructors shall be hired by the City. (c) The security alarm system shall be the responsibility of the City. (d) The soft drink and snack concession will be provided by the City. (e) All tennis pro shop merchandise, supplies, sports- wear, etc. shall be ordered and paid for by the City. The net profits from these sales shall be retained by the City. ( f) The City will assume no responsibility nor insure any items that belong to the Tennis Director. 5. Salary and Compensation to the Tennis Director. (a) During the term of this agreement, the Tennis Director shall receive the sum of Thirty-Five Thousand Eight Hundred Eighty-Eight Dollars ($35,880.00), to be paid bi-weekly. ---...... (b) The Tennis Director shall participate in the same manner and to the same extent as a classified employee of the City in the General Employees Pension Plan and Health Plan. (c) In addition to the base salary, the City shall pay to the Tennis Director an incentive bonus. The incentive bonus shall be based on net operating profit. Net operating profit is defined as operating revenues less operating expenses, transfers and depreciation. The incentive bonus shall be paid no later than December 15th of each year for the pre- ceding fiscal year. The incentive payment schedule shall be as follows: 7.5% of amount between $0 to $24,999 10% of amount between $25,000 to $39,999 12.5% of amount between $40,000 to $55,000 15% of amount over $55,000 (d) The Tennis Director shall supply the City with a copy of all retail sales and lesson revenues by the lOth of each month. -3- '. '. (e) The Tennis Director shall provide the City a copy of that portion of his federal income tax return which reflects his revenue, expenses and net taxable income resulting from his activities under this agreement. Such copies shall be delivered no later than April 30th of each year. In addition, the Tennis Director permits representatives of the City's Finance Depart- ment to make appropriate audits and reviews of daily receipts without notice. 6. Non-Discrimination Clause. The Tennis Director shall operate the pro shop and Tennis Center without discrimination as to sex, race, age, color, national origin, or handicap. 7. Utilities. In no event shall the City be liable for loss of revenue resulting from the interruption or failure of utilities or acts of God. a. Assignments and Subcontracts. The Tennis Director agrees not to assign this contract, in whole or in part, nor sub-contract all or any part of this contract, without written consent of the City Commission. 9. Purchase of Inventory. --- Upon execution of this agreement, the Tennis Director shall furnish to the City Director of Parks and Recreation an inventory of equipment and merchandise including but not limited to tennis rackets, tennis balls, shirts, shorts, and bags which is presently located in the pro shop. The inventory shall include the cost to the Tennis Director for each item. The City shall review the inventory and advise the Tennis Director as to which items the City will purchase. The City retains the right to not purchase items it deems not suitable for sale at the Tennis Center. In any event, the city shall pay no more than the Tennis Director's cost for each item up to an amount not to exceed $12,500.00. 10. Independent Contractor. The Tennis Director shall be and remain an independent contractor and not a City employee with respect to all of the acts and services performed by and under the terms of this agreement. -4- '. ,. - . II. The City Manager shall be the sole arbitrator of any disputes of this agreement and his determination will be final. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor Alison MacGregor Harty City Clerk Approved as to Form and Legal Sufficiency: City Attorney TENNIS DIRECTOR By: Edward Foster tennisk.agt ----- -5- '. " , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CI TY MANAGER t!I1 SUBJECT: AGENDA ITEM :It qp- - MEETING OF SEPTEMBER 14. 1993 PROPOSED INCREASES TO THE CEMETERY RATES DATE: September 10, 1993 This item is before you to consider increases in the Cemetery rates. The proposed rate increases will be used to fund the expansion of the Cemetery. Below is an abbreviation (proposed increases only) of the comparison included as backup material for this item: Grave Plots: Current Proposed Resident $350 $440 Non-Resident 600 700 Openings/Closings: Resident (Weekdays) 240 300 Non-Res. (Weekdays) 300 400 Resident (Weekends) 340 400 Non-Res. (Weekends) 400 500 Cremains 0 40 A detailed staff report is attached as backup material for this item. Recommend approval of the proposed fee increases for the Municipal Cemetery. ~~ '. "II If '. / ! 1/4 (;1F,\^!L'~ /".1 [IT' DF DELHA' BEA[H 100 N,W, 1st A VENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 .... .,--car " II J! 1993 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Cemetery Prices DATE: August 30, 1993 Attached is a current price list of services at our cemetery in comparison to Boynton Beach and Boca Raton. At your suggestion, I am recommending an increase to defray the cost of cemetery expansion. The increase could be a surcharge on the entire cemetery or just the new addition. Please review and advise. ~ Parks and Recreation Attachment JW: cp Ref:dhcemcst THE EFFORT ALWAYS MATTERS '. . . COMPARISON OF CEMETERY PRICES Boynton Delray Delray Boca Raton Beach Beach Proposed Mausoleum Crypts Single $2800-$3600 $1970-$2950 $2325-$2625 $2325-$2625 Double $4550-$5000 $3l40-$4l50 $3640-$4340 $3640-$4340 Niches $675-$990 $505-$940 $595-$795 $595-$795 Grave Plots Resident $800 $225 $350 $440 Non-Resident -- $600 $600 $700 Infant/Resident $150 $37.50 $50 $50 Infant/Non-Resident -- -- $100 $100 Opening and Closina Resident/Mon.-Fri. $250* $275* $240* $300* $350 (after 3 PM) Non-Res./Mon.-Fri. -- -- $300* $400* Res./Sat.,Sun.,Hol. $800* $375* $340* $400* Non-Res./Sat.,Sun., Holiday -- -- $400* $500* Infant/Res./Mon.-Fri. $80* $75* $30* $30* Infant/Non-Res./ Mon.-Fri. -- -- $60 $60 Cremains $300* $75* -0- $40* Cremains Setup -0- -0- $100* $100* Miscellaneous Set Markers -- $35-single $50 $45-double * Includes setup with tent, chairs, etc. Ref:dhcemcst '. ,. . Prearrangements of Delray, Inc. AGENT FOR DELRA Y BEACH MUNICIPAL CEMETERY August 6, 1993 Mr. Joseph Weldon Dir. Parks & Recreation 100 NW 1st Avenue Delray Beach, FL 33444 Dear Joe, Enclosed please find the cemetery price comparison. We obtained this information from Boca Raton and Boynton Beach cemetery offices. We also obtained mausoleum prices from Lorne & Sons Funeral Home. They verified the cemetery prices for both Boca Raton and Boynton Beach. We should raise: PLOTS $350 to $440 Residents $600 to $700 Non-Residents o & C $240 to $300 Resident M-F $340 to $400 Resident Sat $300 to $400 Non-Resident M-F $400 to $500 Non-Resident Sat Terri Algermissen suggested a $40.00 fee for 0 & C for cremains with no set-up. These increases would place us higher than Boynton Beach, but less than Boca Raton. Should you please contact us. RHY/ta RECEIVED AUG 9 1993 1118 East Atlantic Avenue. Suite F . Delray Beach, Horida 33483 . (407) 276-6601 '. '. . . Prearrangements of Delray, Inc. AGENT FOR DELRA Y BEACH MUNICIPAL CEMETERY . August 6, 1993 COMPARISON OF CEMETERY PRICES BOCA RATON BOYNTON DELRAY MAUSOLEUM CRYPTS Single $2800-3600 $1970-2950 $2325-2625 Double 4550-5000 3140-4150 3640-4340 Niches 675-990 505-940 595-795 GRAVE PLOTS Resident $ 800 $ 225 $ 350 Non-Resident -- 600 600 Infant-Resident 150 37.50 50 Infant-Non-Resident -- -- 100 OPENING & CLOSING Resident Mon-Fri $ 250* $ 275* $ 240* 350 (after 3PM) Non-Resident Mon-Fri -- -- 300* Resident Sat,Sun,Holiday 800* 375* 340* Non-Resident Sat, Sun Holiday -- -- 400* Infant Resident Mon-Fri 80* 75* 30* Infant Non-Resident Mon-Fri -- -- 60* Cremains 300* 75* -0- 100* MISC Set Markers -- $ 35.00-single $ 50 45.00-double * Includes Set-up with Tent, Chairs, etc. 1118 East Atlantic Avenue. Suite F . Delray Beach, Rorida 33483 . (407) 276-6601 '. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # qç,. - MEETING OF SEPTEMBER 14. 1993 AMENDMENT NO. 3 TO SERVICE AUTHORIZATION NO. 8/CH2M HILL DATE: September 10, 1993 This is an amendment to Service Authorization No. 8, to the contract with CH2M Hill, in the amount of $4,500 for engineering services necessary to abandon test wells within the Jog Road right-of-way; installation of monitoring wells at the North Pump Station and replacement of the discharge head for PW-1. The scope of service under this amendment includes preparing and submitting permit applications to the South Florida Water Management District for the abandonment of the two test wells; and verifying the method abandonment and the quality of cement used during the abandonment. Other services include modifying the City's wellfield protection permit to reflect the new compliance water well locations; coordination with Palm Beach County Department of Environmental Services and contractor during construction and development of two compliance monitor wells at North Pump Station; and processing a RFQ and work change directives, and reviewing submittals for replacement of discharge head for PW-1. Recommend approval of Amendment No. 3 to Service Authorization No. 8, to the contract with CH2M Hill, in the amount of $4,500 for engineering services necessary to abandon test wells within the Jog Road right-of-way; installation of monitoring wells at the North Pump Station and replacement of the discharge head for PW-1; with funding from Water and Sewer Renewal and Replacement - Well Rehab (Account No. 442-5178-536-61.82). ". Agenda Item No.: 9~ AGENDA REQUEST Date: August 31, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: September 14, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve Amendment No. 3 to Service Authorization No. 8 for CH2M Hill in the amount of $4,500.00 for additional services in conjunction with the abandonment of test wells within the Jog Road right-of-way, installation of monitoring wells at North Pump Station (PW-4A) and replacement of the discharge head for well PW-1. The funding source for this project is account number 442-5178-536-61.82. The project number is 90-056. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Amendment No. 3 to Service Authorization No. 8 for CH2M Hill. D~partment Head~~ ~/'!/ (q '3 W S~gnature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (r~ired on all items involving expenditure of funds): Funding available: E /NO Funding alternatives (if apPlicable~ Account No. & Descri~tion44-"2--0ng-S2&.(¿I-gz. V\i~1-L-- ~E,rt -Kð-E Account BalanceJ~, 00./0 City Manager Review: ìtfJ1 Approved for agenda: f!)/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disappròved /agen2513.doc 'I · MEMORANDUM TO: David T. Harden City Manager THRU: William H. Greenwoodøß;¡/~1 Director of Environmental Services FROM: Richard C. Hasko, P.E. Deputy Director of Public Utilities SUBJECT: SERVICE AUTHORIZATION NO. 8 CH2M HILL - PROJECT NO. 90-056 DATE: August 31, 1993 Attached is an agenda request and a copy of proposed Amendment No. 3 to Service Authorization No. 8 for CH2M Hill in the amount of $4,500.00. This amendment is for performing permitting, inspection and certification services in conjunction with the abandonment of two (2 ) test wells within the Jog Road right-of-way. Commission approved a change order for Meredith Corporation at their July 13th meeting to perform the construction work. Additional services required are in conjunction with the addition of two (2 ) monitoring wells at the North Repump Station and replacement of the discharge head on Well PW -l. The funding source for this project is account number 442-5178-536-61.82. W, If¡ Richard C. Hasko, P.E. RCH : smm ATTS: cc: Howard Wight, Construction Manager Don Haley, Superintendent of Water Treatment Plant File: Memos to City Manager Project No. 90-056{D) "I · 'J;::'-¿~:I-'j,~¡ U~: ¿:..: y [\~ I ' jl~' ;4Ci72~371~1¡:liJ Pi-I n'~ .n III LL .. (. '. City of Delray Beach A Consulting Service Authorization Amcndn~ent DATE: ,1993 f AMENDMENT 3 TO SERVICE AUTHORIZATION NO.8 FOR I CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE __ PROJECT NO. ~ (CITY OF DELRAY BEACH) SEF3Q767.FO (CH2M HILL) TITLE: Well Field Redevelopment and Rehabilitation and Monitor Well Installation I. Project Description In September 1992, as part of an emergency authorization, the City authorized CH2M HILL to abandon an existing water supply welll~ted in the are.a of the new Tennis Center. To maintain the water supply capacity the City needs, a replacement well was planned in the area of the City's north storage reservoir. In an effort to provide the City with the most timely and cost effective solution, it was agreed that the abandonment would occur under the existing contract with the wellfield rehabilitation contractor Meridith Corporation. Subsequently, the replacement well was comractoo lhrough Meridith and was issued as a modification to their contract. Since then, CH2M HILL has proceeded with the design, permitting, and construction of the new water supply well. Due to an em~.rgency rehüe£l to the County's expansion of Carter Road (Jog Road), the City has requested Meridith to abandon two former City installed 8-inch-diameter test wells located within the rlght~of-way of the road expansion. Because of this additional work, Meridith's contract will have to be modified and extended to allow for the prop~T , , permitting and abandonment of the wells. ;~ I , " In addition, the City has asked Meridith to install two compliance monitor wells around the City's north pump station fuel t.ank ~lI1cl generator, and replace the discharge on City water supply well PW -1. As part of the proposed wen abandonment and other out of scope services to be provided by Meridith, some additional engineering and resident observation services will also be required. The following modification to the scope of services for professional engineering services are required to complete the additional work necessary to complete the contract with Meridith Associa.te~. l001~B21.DFB 1 '" n)_'~,·~·_"~. '1,1, '-,rnl! T"', ¡, r: TJ '~) 1'1,1 'l! l' T IC 14072437[161] I.... !.I l.. ..).::....' 'a' ~ , ~ :.. ¡ 'I." " . P [I C¡ 3 ~ L ....' U "",1') l¡ 1 LL r II. ScOpe of Services . Amend Task 4-Services During Construction, to include: Well Abandonment I 1. Prepare and submit permit applications for the abandonment of t'fYO test wells along Carter Road (Job Road) to the South Florida Water Management District. The permits are necessary for the wells to be properly abandoned as construction continues on the road. 2. Coordinate and document the abandonment of the test wells along Carter Road. This includes coordination between Meridith Associates and the County for locating and abandoning the wells. It also includes verifying the method of abandonment and quantity of cement. used during the abandonment. Other Services During Construction 3. Modify the City's wel1fie1d protection permit No. WP-90-166 to reflect the new compliance monitor we111ocations (due to the locatjon of PW-4A) and corresponding with Palm Beach County Department of Environmental Services (pBCDERM). 4. Coordinate with PBCDERM during construction and development of the two compliance monitor wells. 5. Provide site observation during construction of the two compliance monitor wells. 6. Process a request for quotation and a work change directive, and review submittals for replacement of the discharge head on City water supply well PW -1. 7. Process additional contractor payment applications and conduct an additional progress meeting with the City. III. Budget Estimate of Services Compensation for professional consulting servkes as specified in Task 4, Service Authorization No.8 shall be modified as £011m1I':S: Task 4-Services During Construction: Well Abandonment: Add $1 ,500 Other Services During Construction: Add -~.QQ Total $4,5UU 1 00 12B21.DFB 2 .., . , . . ~ . APPROVED BY THE CITY CONSULTANT OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC. . _ day of ,19_ 0 Jo F. Curtiss, P.E. Vice President and South 10rida Operations M,anager i CITY OF DELRAY BEACH, (SEAL) a municipal corporation of the State of Florida STATE OF FLORIDA By: COUNTY OF BROWARD Mayor The foregoing instrument was acknowl- f-dged before me this _~~ day of '~ ' 19'í$, by John F. Curtiss, ~f C 2M lULL SOU1'HEAST, INC., a ATTEST: Florida corporation, on behalf of the corporation. He is per')onally known to me as Vice President and South Florida By: Operations Manager and did take an City Clerk oath. ~~'- ~ f¿w~ APPROVED AS TO FORM: Signature of Mson Taking Acknowledgment By: City Attorney Bobbie J. Willcox Name of Acknowledger Typed Notary Public, State of Florida 'J' My Commission Expires June 29, 1995 Bonded Thru frof fain ·lnsurancQ Inc. lOO1231D.DFB ... . J~,)f\ ,+ . RAW SEAl/ICES HOURLY DUmNG TOT"!.. DIRECT MULTI CATEGORY (NAME) RATE CONSTRUCT HOUI:¡S LABOR LABOR --- 8 VP/SENIOR CONSULTANT $33,30 0 $0 $0 7 SENIOR MGRlSENIOR CONSULTANT $33,30 ° $0 $0 6 PROGRAM, DEPT, OR DIV MGRfTECH CONSULT $33.30 1 1 $33 $100 5 SENIOR PROJECT MGRlTECH CONSULT $32,80 0 $0 $0 4 PROJECT MGRlSR PROJECT PROFESSIONAL $28,10 16 16 . $450 $1.349 3 SA. PROJECT PROFESSIONAL $25,00 0 $0 $0 2 PROJECT PROFESSIONAL II $21.55 30 30 $647 $1.940 1 PROJECT PROFESSIONAL I $18,75 ° $0 $0 5 LEAD TECHNICIAN/SUPERVISOR 1/ $22,90 0 $0 $0 4 SENIOR TECHNICIAN $18,95 ° ° $0 $0 3 CERTIFIED TECHNICIAN $17,35 0 $0 $0 2 TECHNICIAN $14,55 ° I $0 $0 1 JUNIOR TECHNICIAN $12.75 0 I $0 $0 o TECHNICAL AIDE $11.20 0 $0 $0 OFFICE SUPPORT $11,50 8 8 $92 $276 55 55 $1,221 1221,4 $1,221 $3.884 0 ACTUAL MULTI ITEM DESCRIPTION TASK 4 DIRECT DIRECT COMPUTERlAUTOCADD $200 $200 $200 PRINTING, REPROGRAPHICS, AND GRAPHICS $100 $100 $100 WORD PROCESSING $100 $100 $100 SURVEYING $0 $0 SOILS $0 $0 AIR FARE $0 $0 AUTO MILEAGE $0 $0 TELEPHONE $78 $76 $76 POSTAGE/FREIGHT $60 $60 $eo SUPPLIES $300 $300 $300 $838 $838 $836 'w .., .. . " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # Cft-t - MEETING OF SEPTEMBER 14. 1993 CHANGE ORDER NO. 1/JOHNSON-DAVIS. INC. DATE: September 10, 1993 This is a change order in the amount of $17,072 to the contract with Johnson-Davis, Inc. for realignment of the sewer extension on West Atlantic Avenue. The original contract included a jack and bore of Atlantic Avenue and extension of gravity sewer mains in the swale area along the north side of West Atlantic Avenue to serve Discount Auto Parts and the commercial lots within the Highland Trailer Park annexation area. Upon commencement of construction, the contractor encountered numerous conflicts with the existing underground facilities. The project has been redesigned to realign the sewer to avoid conflicts and the jack and bore has been deleted. As a result of these changes significant pavement restoration will be required on Atlantic Avenue. Additionally, staff explored the option of delaying this project to coincide with the County's widening project. In the County's plans, the section of road affected by the sewer extension is proposed for an overlay only. Therefore, deferring the work would not decrease the current scope or cost as pavement installation would still be required. A detailed staff report is attached as backup material for this item. Recommend approval of Change Order No. 1 to the contract with Johnson-Davis, Inc. in the amount of $17,072¡ with funding from Water and Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). ,. " Agenda Item No.: AGENDA REQUEST Date: August 31, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: September 14, 1993 Description of item (who, what, where, how much) : Staff requests City Commission to approve Change Order No. 1 to Johnson-Davis contract for construction of the West Atlantic Avenue Sanitary Sewer extension to serve Highland Trailer Park and Discount Auto Parts. The original contract amount is $93,500.DO. This change order amount is $17,072.00 for a revised contract amount of $110,572.00. Alignment of the sewer extension has been revised due to conflicts with other existing utilities. This change order will delete a jack and bore and add pavement restoration on Atlantic Avenue to accommodate the new sewer alignment. The funding source for this project is account number 442-5178-536-61.84. The project number is 92-028. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Change Order No. 1 to Johnson-Davis contract for construction of the West Atlantic Avenue Sanitary Sewer Main Extension. Department Head tV'ø6.---.... ~~ß <ð /::3/ Icr3 ~ Signature: ¡ Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~red on all items involving expenditure of funds): Funding available: YES NO Funding alternative'. ' I i~Crle) Rt Account No. & D~icriPti?n ~: !0j~ I' ì g ~ ; {n- , H f'l b ¡ ~Jjd1C' 1& 't\{k p Account Balance ':]! Dll- r 1: '\'{j -rr-tlil'14fI,~ . ,~ I; City Manager Review: Approved for agenda: (3JNO ~'1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen2513.doc ,. " MEMORANDUM TO: David T. Harden City Manager THRU: William H. Greenwood ø4f$.¿( Director of Environmental Services FROM: Richard C. Hasko, P.E. Deputy Director of Public Utilities SUBJECT: WEST ATLANTIC AVENUE SEWER EXTENSION - PROJECT NO. 92-028 DATE: August 31, 1993 Attached is an agenda request with a copy of proposed Change Order No. 1 to Johnson-Davis contract for construction of the subject project. The original contract amount is $93,500.00 and includes a jack and bore of Atlantic Avenue and extension of gravity sewer mains in the swale area along the north side of West Atlantic Avenue to serve Discount Auto Parts and the commercial lots within the Highland Trailer Park annexation area. This change order will add $17,072.00 to the contract. Upon commencing construction, the contractor encountered numerous conflicts with existing underground facilities within the Atlantic Avenue right-of-way. The alignment of the sewer extension was revised to avoid the conflicts and the construction of the current design, while deleting the jack and bore, will require significant pavement restoration on Atlantic Avenue. This restoration represents the bulk of the $17,072.00 change order proposal. We have reviewed the proposed plans for the widening of West Atlantic Avenue by Palm Beach County and find that the section of road affected by the sewer extension is proposed as an overlay only. Therefore, deferring this work to accommodate its inclusion in the County project would not decrease the current scope or cost of the installation since the pavement restoration would still be required. '. '. Under the foregoing circumstances, we are recommending approval of the subject change order so as to proceed with the installation in an expeditious manner. Funding f or the work is from account number 442-5178-536-61.84. ~a~'E' RCH : smm ATTS: cc: Ralph Hayden, P.E. , City Engineer Howard Wight, Construction Manager File: Memos to City Manager Project No. 92-028(D) '. ,. .JOHNSOt\;-DAVIS ~.....,- 08/30/93- 14:41 '6'407 585 5252 J - D JOHNSON·DAVIS rNC. Ií~VY CC\NSTRUCiION ~91It__.ø~ UNDEFlGROUND UTILITIES Ei04 HILUM. TH DRIVE lMITANA. FI.ORIOA 33462 4D7-588-1170 - - r\1I~U:il ~I\ 1 ~)i~ -\ ,I'., Mr. Jim Reynolds, P.E. Chief Design Engineer City ofDelray Beach 434 South Swinton Avenue Delray Beach., Florida 33444 RE: WEST ATLANTIC SEWER MAIN EXTENSION Request For Change Order Dear Mr. Reynolds: We respectfully submit the following request for Change Order to our contract. The request is based on revised plans~ sheet 1 through 3 printed August 9, 1993, and original bid proposal sheets 1 through 7 submitted July 1. 1993 _ Our original and revised proposal excludes: 1. permits. fees, a.nd performance bond 2. milling and/or overlay of work area Please conta.ct us immediately if we may be of assistance. :2~1 Scott J. Joh son President SJJ/pmc w . .' --- .. CITY OF DELRAY BEACH CHANGE ORDER ~O ORIGINAL CONTRAC~ CHANGE NO. 1 PROJECT NO. 92-28 DATE: PROJECT TITLE: West Atlantic Avenue Sewer Main Extension TO CONTRACTOR: Johnson-Davis, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. - - .,. JUSTIFICATION: , Construct miscellaneous changes to Project per attached schedule "A" based 6n plan revisions entitled " West Atlantic Avenue Sanitary Sewer Extension ". Plans by City of Delray Beach EngineeJ:ing Department dab!d August '93 including title sheet and additional sheets 1-3. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 93,500.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 93,500.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 17 , 072 . 00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 110,572.00 PER CENT INCREASE THIS CHANGE ORDER 18 , - - TOTAL PER CENT INCREASE TO DATE 18 , - - 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 Johnson-Davis, Inc. (SEAL) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: , William H Greenwood, Dir. Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: ,. II". ,. Schedule "A" West Atlantic Avenue Sewer Main Extension 92-28 Change Order #1 .---------------.--.-...--.----...--------------.-------.------------------------.-------.----.---------.--- ITEM ITEM DESCRIPTION Contract As-built +/- C.O. Unit NO Qty Qty #1 Qty Price TOTAL ------.---------.----.-------.----.-...--.----.---------.------------.--.---------.----.-------.---------. 1 8" PVC SDR 35 640 1174 534 If $25.00 $13,350.00 ; 2 8" CL 52 Polylined 300 0 -300 If $45.00 ($13,500.00) 3 Jack and Bore 1 0 -1 ls $14,500.00 ($14,500.00) 4 Connect to Existing 1 0 -1 ls S3,OOO.00 (S3,OOO.00) 4aCore Existing Wet Well 0 1 1 ls $500.00 $500.00 5 Manhole 4 5 1 ea $2,000.00 S2,OOO.00 6 Conflict Manhole 1 1 o ea $3,500.00 SO.OO 7 6'1 Laterals 5 5 o ea $400.00 SO.OO 8 Adjust Southern Bell Duct 1 0 -1 ls $1,500.00 (S1,500.00) 9 Pavement and Curb Restoration 1 0 -1 ls S2,OOO.00 (S2,000.00) 10 Parking Area Pavement Restoration 1 0 -1 ls $4,000.00 ($4,000.00) 11 Sod/landscape Restoration 1 0 -1 ls $2,000.00 (52,000.00) 11aSod/Landscape Restoration revised 0 1 1 ls $3,000.00 53,000.00 10 Trench Safety 1 1 o ls S7,OOO.00 $0.00 11 Air Test Sanitary 1 0 -1 ls $3,500.00 ($3,500.00) 11aAir Test Sanitary revised 0 1 1 ls $1,000.00 $1,000.00 12 Maintenance of Traffic 1 0 -1 ls $4,000.00 ($4,000.00) 12aMaintenance of Traffic revised 0 1 1 ls $5,830.00 55,830.00 13 Video allowance 1 1 o ls $500.00 $0.00 14 Utility Conflict Allowance 1 0 -1 ls $7,500.00 ($7,500.00) 14aUtility Conflict Allowance revised 0 1 1 ls S3,500.00 53,500.00 15 Density Test Allowance 1 1 o ls $1,000.00 $0.00 AdditionaL items per revised pLan 1 14" Umerock Base width of travel lane 0 1120 1120 l f $17.20 $19,264.00 2 3" Type S-1 AsphaLt width of travel lane 0 1120 1120 l f $14.40 516,128.00 **3 Mobilization/DemobiLization & Utility Investigation due to Plan change 0 1 1 ea 56,500.00 56,500.00 4 Striping (Thermo) allowance 0 1 1 ea $1,500.00 $1,500.00 ------------ Net add Change Order #1 $17,072.00 Original Contract $93,500.00 ------------ Total Revised Contract 5110,572.00 ============ I **NOTE: This item IILIst be paid even if the new proposal based on the revised plans is accepted for costs incurred with the original plan revisions " ,. ·'1'" ,. j ; MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ffJv1 SUBJECT: AGENDA ITEM # q~ - MEETING OF SEPTEMBER 14. 1993 RESOLUTION NO. 83-93 DATE: September 10, 1993 This is a resolution authorizing the establishment of the East Atlantic Avenue Task Team; providing the authority, composition and membership of said Task Team; and providing for ratification of membership appointments by the City Commission. The East Atlantic Avenue Task Team is being created to formulate ideas, priorities and to make recommendations for the beautification of East Atlantic Avenue, east of the Intracoastal Waterway. This is a Decade of Excellence Bond Issue Project. It is anticipated that the project will consist of extension of the paver block concept from the downtown area, nostalgic lighting and landscaping. A list of recommended appointees are attached as backup material for this item. Recommend approval of Resolution No. 83-93 and ratification of appointments to the East Atlantic Avenue Task Team. ~';/ ~1) ~ ~ 6,0 &/ '. " . . , . Agenda Item No.: 9J . AGENDA REQtJES~ Date: 9/7/93 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 9/14/93 Description of agenda item (who, what, where, how much): ~ Establishment of the East Atlantic Avenue Task Team ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda t ion: Approval ~ Department Head Signature: ~/ø. <L -.-- - '. ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): . Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @/ NO wv1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. \ . < - RESOLUTION NO. 83-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ESTABLISHMENT OF THE EAST ATLANTIC AVENUE TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK TEAM; PROVIDING FOR THE COMPOSITION OF SAID TASK TEAM AND RATIFICATION OF MEMBERSHIP APPOINTMENTS BY THE CITY COMMISSION; PROVIDING AN EFFECTIVE DATE AND SETTING A SUNSET DATE. WHEREAS, the Decade of Excellence Bond provided funding for the development of plans and specifications for the beautification of Atlantic Avenue east of the Intracoastal Waterway; and WHEREAS, the City Commission of the City of Delray Beach, Florida, recognizes the importance of citizen input in the development of plans for the beautification of East Atlantic Avenue; and WHE REAS , the City Commission wishes to establish a task team to formulate ideas, priorities and to make recommendations to the Engineering/Landscape Architectural firm which will provide plans and specifications for the beautification of East Atlantic Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there is hereby established the EAST ATLANTIC AVENUE TASK TEAM, as an advisory body to the City Commission, to formulate ideas, priorities and to make recommendations for the beautification of East Atlantic Avenue. Section 2. That the East Atlantic Avenue Task Team shall consist of a membership to be ratified by the City Commission as follows: Staff: Director of Community Improvement Director of Parks and Recreation City Engineer City Horticulturist Director of the Community Redevelopment Agency ~ ;¡ 'I ,I " II . '. - ~-,-- .__.~.- - -.--.-- ---- -~~ .~_.__._. .__._--_._-~--_._--,---_._-- - ,--., '.-- "~.._. " --T General: Seven ( 7 ) citizens to be appointed who are either merchants or residents of property lying east of the Intracoastal Waterway. Section 3. That the East Atlantic Avenue Task Team shall immediately pursue its assigned tasks with a target of accomplishing same by April 15, 1994. Section 4. That the East Atlantic Avenue Task Team shall disband upon the discharge of its assigned task or by April 15, 1994, unless otherwise extended by action of the City Commission. PASSED AND ADOPTED in regular session on this the 14th day of September, 1993. MAYOR ATTEST: City Clerk i I I I , - 2 - Res. No. 83-93 ,I 11 ì I ,. ",I I~' ~ EAST ATLANTIC AVENUE BEAUTIFICATION TASK TEAM (List of Proposed Members) Sandra Almy 278-5351 Executive Director, BPOA 1103 Vista Del Mar Delray Beach, FL 33483 Dorothy Brockmiller 278-1229 Board Member, BPOA 86 MacFarlane Drive #2A Delray Beach, FL 33483 Montford Helm 272-2700 President, BPOA Co-Owner, Delray Beach Yacht Club 1221 Harbor Drive Delray Beach, FL 33483 Gayle Brown 276-4453 Resident 104 Seabreeze Avenue Delray Beach, FL 33483 Patrick Lynch 272-2212 Owner, Sandwiches by the Sea I Owner, Beach Market 1214 E. Atlantic Ave. Delray Beach,'FL 33483 Susie Simms 272-0114 Owner, Seagull Shop 1145 E. Atlantic Ave. Delray Beach, FL 33483 Frank Wheat 278-2628 Owner, Gringle Dougherty & Wheat Inc. 1008 E. Atlantic Ave. Delray Beach, FL33483 Adjunct Members Marjorie Ferrer 278-0424 Barbara Smith 278-3346 Joint Venture City Commissioner Chamber of Commerce Owner, J.B. Smith & Sons 64 SE 5th Ave. 900 E. Atlantic Ave. Delray Beach, FL 33483 Delray Beach, FL 33483 ,. ,'lllf ~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 14, 1993 APPOINTMENT TO T DELRAY BEACH HOUSING AUTHORITY DATE: SEPTEMBER 9, 1993 With the appointment of Ms. Randee Golder to the Planning and Zoning Board, a vacancy has been created on the Delray Beach Housing Authority to a term ending July 14, 1996. Per Statute, qualification for appointment is that no member of a housing authority may be an officer or employee of the City for which the authority is created. Further, at least one commissioner must be a resident who is current in rent in a housing project or a person of low or very low income who resides within the housing authority's jurisdiction. A resident member was appointed in March of 1993 to fill an unexpired term. The following individuals have submitted applications for review: Donald Allgrove Norma Bannoura P. Richard Brautigan Joseph Cadet Bonnie Cipriani David I. Cohen Herbert Freese Nadine Hart Robert Hutzler Richard LiCastri Kevin McCarty Rosalind Murray Jeanette (Jay) Slavin Kelly P. Whalen Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. Ms. Bannoura and Ms. Cipriani each have one (I) active violation. Copies are attached to their applications. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, by prior consensus of the City Commission, it was determined that each Commissioner would, on an informal basis and according to the rotation schedule, make a recommendation to the Mayor as to Housing Authority appointees. For this appointment, both the recommendation and the appointment will be made by Mayor Lynch. Recommend appointment of a member to the Delray Beach Housing Authority to fill an unexpired term ending July 14, 1996. ref: a grne mo 1 " - landee J. Golder 462 S.W. 27th Avenue Delray Beach, rlorida 33445 AU9U.t 17, 1993 Deborah Ca.tellow, Ixecutive Director Delray Beach Hou.ing Authority 770 S.W. 12th Terr. De1ray B.ach, florid. 3344' He: R..iqnatioD of landee Golder a. Commi..1oner Dear Deborah: This i. to, inform you of my re.i;nation .s Coma1.aioner OD the Delray Beach Housing Authority .ffective the date 'of this letter. AI you may know, I have recently been appointed to the Planning and Zonin9 Board. It haa been a ple.sure to .erve on the Rou.in; Authority and to work with the other Board .ember. a. well a. Itaff. Ple... f.el free to contact me if I can be of a..1at.nce in future matter.. Very truly your., ~ofer~ Randee J. Golder .- - rO} , "~)I: .;- -, . . AU8 i '. ...' . I ;~/-} , , .. 'P ... ...--,.... . ' - . .-.. ...~ ,. "II I~ -- - . . - CITY OF DElaAY SEACH BOARD MEMBER APPLICATION NAME Kevin McCarty 40 Pelican PóintDrive #105 Delray Beach, Florida 33483 HOME ADDRESS (Str.et, City, Zip Code) ,(LEGAL RESIDENCE) 1177 George Bush Boulevard, Suite 308 Delray Beach, FL 33483 PRINCIPAL BUSINESS ADDRESS (Straat, City, Zip Cod.) ROME PHONE (407)278-0155 BUSINESS PHONE (407)278-6358 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Delray Beach Housing Authority LIST ALL'CITY BOARDS ON walCH YOU AAE CUJUlENTL Y SERVING OR HAVE PREVIOUSLY SEB.VED (Pl.a..'include datu). None EDUCATIONAL QUALIFICATIONS University of Florida '67-'72 AA LIST ~ RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD SerJ.es 7 and S eries 63 Securities Licenses CIVE YOUR PRESENT, 01 HOST RECENT Nicolaus & Company I EMPLOYER, AND POSITION, Stifel , ncorporated First Vi · , ce President DESCRIB! £XPERZElIC BOARD ES, SKILLS 01 KNCw"lr:DGE ' I have serveq on th WHICH QUALIFY YOU TO SEaV! e 90ard of . ON THIS Foundatio· DJ.rectors of th n and have been ad e Florida Housin Florida f Visor to hoùs' o Or the In auth PL~! ere ents. urDOse of orlties in .U'1'ACH A BiZU USUlœ I BEItEIY c! ., UNDERSTÃND~:r TlfAT ALL THI , rION MAy AUSE p~ HISSTATÐŒn ;\JOV! STATÐœ!rrs IJ'!ITtTR! UPON 0: MATERIAL FACTS..ut1 TRU!. AND . Air OF ANy APPOI;::AIN£l) IN ~I:CiEE AN] NT I HAy R!CEZ:::LICA' -, %~ - , -S r '. ~ . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt01 SUBJECT: AGENDA ITEM # ~L- - MEETING OF SEPTEMBER 14, 1993 APPOINTMENT TO THE EDUCATION BOARD DATE: SEPTEMBER 8, 1993 Katherine Anderson has resigned from the Education Board, thereby creating a vacancy to a term ending July 31, 1994. Per Code, "The members of the Education Board shall be residents of the City or shall be a person with a child or children attending Delray Beach public schools, or shall own property in the city and/or own or operate a business within the city. " It is the further intent, if possible, that the membership of the Education Board shall include individuals having a background in business, real estate and/or education. The following individuals have submitted applications for consideration: Norma Bannoura Eugene Binkovitz David I. Cohen Adele S. King Nelson McDuffie Rosalind Murray Marilyn Schneider Kathleen I. Shabotynskyj Lawrence A. Siegel Horace J. Waldman Reginald L. Williams A check for municipal liens and code violations has been conducted. Ms. Bannoura has one active code violation, a copy of which is attached to her application. The appointment will be made by Commissioner Alperin (Seat #2). Recommend appointment of a member to the Education Board to fill an unexpired term ending July 31, 1994. ref:agmemo ,. 1'1'''' '. . . August 20, 1993 Katherine Anderson 509 Eldorado Lane Delray Beach, FL 33444 City Hall 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor Lynch and City Commissioners, With great reluctance I am informing you of my resignation from the Education Board. My tenure on the Board was both a gratifying and a rewarding experience. I have decided to return to school to complete my business degree. This new undertaking will make it impossible for me to give the time neccessary for the position on the Education Board. Thank you fòr the opportunity to serve on the Education Board. Sincerely, ~ --rr;. ~~, ~ M. Ka~rine Anderson , cc: Anita Barber Bob Barcinski '. '. - - CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~AME j!ATTt LEE tJ r. SI-tAßðl ýN5)::.\f J I '4 2-D '1 B 1<...,A+J"þ 0 ~ 1J~',v~ ])E..L..r?.~ ï3~ +1... 33 '+45 HOME ADDRESS (Street. City. Zip Code) (LEGAL RES I ENCE) c.h~,,^-Þ.ev- þ f- Ca~ ,-,\Q..r'~~ ~tt S ~ 5M. Arve.. .1)ELR.~ßoc¡.f 3'3ljg3 PRINCIPAL BUSINESS ADDRESS (St~eet. City. Zip Code) , HOME PHONE ti-qS-g?~3 BUSINESS PHONE 27t'-Dl.f2 'f ON WHAT BOARDS ARE YOU INTERESTED IN SERVING £. d u. c .At- i"'""1 0 ,.J Bò~6 LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING ORKAVE PREVIOUSLY SERVED (Please include dates), - . ~ roe, .¡; 0 I.-\. S. t ì . T ho.."~ ""'ð-\- seY'v~d EDUCATIONAL QUALIFICATIONS CD ( I ~ î e. 8.... A. cl..\.A. 0.... k . LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER. AND POSITION D<l.l",,-'1 f5..eo..c..~ \ . c.. k.- ""'- be.v- ~ (~^^ e V' c:...£. ~ ~ ~Ýt- c.-hx-1 ,L{LYki.-hn~vsh:p DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BO~t;¡- <L ~ í:::¡ ~ ~ ~.~ /1i~ a;t- s: - , PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY !.HAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY -PART OF ANY APPOINTMENT I MAY RECEIVE. .J ~*l¡~ .2. f ~ 1'l13 DA 4/90 .. "I'''' ., , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtfi SUBJECT: AGENDA ITEM # q fY\ - MEETING OF SEPTEMBER 14, 1993 APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS/ ENGINEER DATE: SEPTEMBER 8, 1993 With the recent appointment of Richard Sheremeta to the Site Plan Review and Appearance Board, there is now a vacancy on the Board of Construction Appeals for an engineer to fill Mr. Sheremeta's unexpired term ending August 31, 1994. In order to qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required and candidates need not own/operate a business in Delray Beach. The following individuals have submitted their applications for consideration: Ruben A. Gomez, P.E. Joseph A. Pike, P.E. Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. Neither of the applicants has any violations or liens. The appointment will be made by Commissioner Randolph (Seat #4). Recommend appointment of a member (engineer) to the Board of Construction Appeals to fill an unexpired term ending August 31, 1994. ref:agmemo5 ,. "I I~ ' .. w., /d/dle¡ / 'CITY or DELIAY BEACH BOARD MEMBEI APPLICATION NAME JOSEPH PIKE. P.E. 1i0 l201 BELVEDERE ROAD. WEST PALM BEACH. FL 33405 PIINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) d- 4 ~b- 0 0 ~ 0 HOME PHONE .1n? .,.1 ':t-QQ~O BUSINESS PHONE_ .Oï ......::J ll~ ON WHAT BOARDS ARE YOU INTEUSTED IN SERVING l. BOARD OF CONSTRUCTION APPF.Ar~ n~ t.¡ .I ßO 1\ , ~T~F. prAN ~F.UT~ ~Nn ~PPF.~~~NrF. Rn~on 3. CODE RNFORCEMFNT BOARD LIST ALL CITY BOARDS ON WHICH YOU AlE CURRENTLY SERVING OR KAVE PREVIOUSLY SERVED (Ple.., include d.te.) NONE TO DATE EDUCATIONAL QUALIFICATIONS BACHELOR OF SCIENCE IN CIVIL ENGINEERING UNIVERSITY OF FLORIDA 1985 LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD PROFESSIONAL ENGINEERS REGISTRATION & GENERAL CONTRACTORS LICENSE GIVE YOUR PRESENT. OR MOST RlCERT EMPLOYER. AND POSITION PROJECT MANAGER SHALLOWAY. FOY. RAYMAN & NEWELL. INC. DESCUBE EXPERIENCES. SnLLS 01 KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOAll) I FEEL I AM BEST SUITED FOR THE CONSTRUCTION APPEALS BOARD DUE TO MY WORKING KNOWLEDGE OF LOCAL BUILDING CODES AND REGUrA~Tn~s. DESIGN REQUIREMENTS AND ENVIRONMENTAL CONCERNS. PLEASE ATTACH A BIIEr RlSUMI. I HEREBY CER~IFY THAT ALL THE ABOVE STATEMENTS AU TRUE. AND I AGREE AND UNDWTAND THAT ANY KISSTATDŒ1fT or KATERIAL FACTS CONTAINED IN THIS APPLICA- TION KAY CAUSE FORlElTU11 UPO. MY PART OF ANY APPOINTKEHT I KAY RECEIVE. I.. . ~D~ /1/~1/9t' , DAtE I C TUU . 4/90 ,. "1" .. . . . . Shal1owa~ Fo~ Rt!Sum~ Rayman &it Newell, Inc. Joseph A. Pike, RE. Education B.S., Civil Engineering, University of Florida Professional Experience 1987 - Project Manager; Shatloway, Foy, Rayman &£ Newell, Inc. 1986 - Project Engineer; Stanley/Wantman, Inc. 1985 - Project Coordinator; Palm Beach County Engineering Pertinent Experience Roadway - Design and permitting of major County and State roadways including Congress Avenue, N.W. 22nd Avenue (Delray Beach), Lantana Road, and Lake Worth Road. Also involved in tht:! design and permitting of the backbone roadway stem for a 1200 acre industrial park as well as miscellaneous alignment studies. Land Development - Design, permitting and construction observa- tion of parcels within large-scale planned unit developments. Design and planning of master water, wastewater and drainage plans for planned unit developments. In ~harge of annual parks contract with Palm Beach County. Implemented design and reonovation of several parks within Palm Beach and Martin Coun- ties. Liaison for the SFRr"; Stuart Office, overseeing the design and permitting of all projects within the Martin and St. Lucie County areas. Spedalty Permitting - Miscellaneous dredge and fill, wetland mittigation, septic tank design and Department of Environmental Regulation and U.S. Army Corps of Engineer jurisdictional deter- minations. Organizations .. National Society of Professional Engineers American Society of Civil Engineers Florida Engineering Society Palm Beach County Planning Congress ,. <.111·' ,. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tiJt1 SUBJECT: AGENDA ITEM # q N - MEETING OF SEPTEMBER 14, 1993 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD DATE: SEPTEMBER 8, 1993 Mr. Spencer Pompey has resigned his appointment to the Historic Preservation Board, thereby creating a vacancy to a term ending August 31, 1995. To qualify for appointment, a person shall either be a resident of or own property in the City, and/or own a business within the City. Also, they shall have knowledge, experience, judgment and background, with personal or professional interest or experience in historic restoration and preservation. They will have the ability and desire to act in the public interest and represent, insofar as possible, the various personal and professional interests required to make informed and equitable decisions concerning the preservation, conservation and protection of historic districts and structures. The following individuals have submitted applications and would like to be considered for appointment: Norma Bannoura Richard Brautigan David I. Cohen Joe Farkas Susan H. Hurlburt Rebecca A. Jennings Julie M. Morgan Rosalind Murray Daniel O'Neil Frank A. Rozzo Barry E. Rubin (currently serving on General Employees Retirement Committee) Lawrence A. Siegel Thuy T. Shutt Charles R. Williams Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. Norma Bannoura has one (I) active violation which is attached to her application. The appointment will be made by Commissioner Randolph (Seat #4). Recommend appointment of a member to the Historic Preservation Board to a term ending August 31, 1995. ref:agmemo3 I. "II " ~ August 24, 1993 TO: City Commissioners I appreciate the consideration given to me in my appointment to the Historic Preservation Board. . However, at this time, I do not feel I would be able to give the time needed for this undertakinR and therefore submit my resignation. Again, my appreciation for this appointment. . .. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME r~~ 1<... W\ L..I.../ Po-n S ?Bq, 5~OC)t) 1?;L...vþ.. t:>~ "'e>~t-+ ~ Ç'L -=3 -:z,;,~~ HOME ADDRESS (Screet, Cicy, Zip éode) (~EG~ RESIDENCE) ~~" N..Ia. ~ ~ Av~,4 ~ Däl<A"1 ð~ I FL.. 33~ PRINCIPAL BUSINESS ADDRESS (Street. CiCy. Zip Code) HOME PHONE .Æ "-01 tfL BUSINESS PHONE Z '7 b-4 \ ~ I ON WHAT BOARDS ARE YOU INTERESTED IN SERVING .u.1~J2.J c..AI- pP t:;4 J;:r;Þ ,/ A'r\ () ....J ~ A 12- 'D LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING'OR,RAVE PREVIOUSLY SERVED (Plea.. includ. date.) NON~ EDUCATIONAL QUALIFICATIONS JJ.t (..J.J...SCn~oJ_ I ~,c;a- CoL.Lb~~ , -r12ÄDG: c;:;.-~L.J À:rt\~Ll:.~ MkrJ~~r ~/NA-R- ~D ~ ~¡g::..., ÞrL- --ruA1 "" I rJ(.- I rVt'UAO/ IJ 6t ~k11:::' CMN~ I b LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD ~ ~~ A61 ~ ~ . L..lG~€h GëN~ G,~~te.. ~(Qc...o31~ GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER. AND POSITION -r.e.~-n::;- Co JJS T'f2M.C:n. o^-J , 'Pf:<~( t) feNl DESCRIBE EXPERIENCES, S~ILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ~ 'I.~c;. cF ' CD ÑS'T12M"71 0 A) ~D D~I f.JN ðç:. At..L .:!jP~ Ðl=- '8fA'L.DI~) W,Tt+ A- Sp~ ~ I N"'t1:a2-wc. r iN -1j \ ~-m 12 LC. A1- '8lA.LL..t)IN'~ . PLEASE ATTACH A BRIEF RESUM!. r HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERS THAT ANY MISs.TATEKENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION ~E FORFEIT1¡U UPO. ~ PAa! OF ANY AlPOI!ItIŒIIt I HAY RECE:E. SIGNATURE 4/90 ,. il I~ , .. . .. . ~ .~.~.,~ ....,~~'-4:.a~' ~.' ,-w. .....-1' . ..'~.. - ...~,. Þ .....1'. ... . --...-,......-"'r....-..: .~--,..-::a_- ... . _ ..':';_ c-;~~. '~,' . ~:-.,:...:?:~: __...;~ ~..~ . ~~~~". ~:_~. :~, '- -.._~~.fi:,.~~,.. .._r~\~ ~.. ~~.:..:-__ . ~~.."4,~,~f7""··' ~~..~.~~'.;:.....:,.~_.~."':: ~~..",- .~"--:~~,..,,' '.;', ~/' ~_. _ ~ ._ -,"",;,,,,::. ~ ,. '. '..' ~,"'> ',; '.':- ";·"",·':;.;":.:::::-,~~;i~:iI'~··" . . ., .... .....,,-.. Cu:y 1993 CHARLES ,R. WILLIAMS RESUME I married Judith Cambell in 1966. We have two daughfers, L¿igh; and Le~ley. r have been a resident of Dèlray Beach sin.ce 1~71., . , , I was, born in Jàcksonvi:ll'e:;' Florida and rais.ed, íñM'fami,. ., . . ,- - . r served act i ve du ty- in, the. U.? Navy and was' Hon.orably Discharged October, 1966' and August 1973. ". ...- . - I have' been an active member of the Delray ,Sunseè~RQtary C1ub « sin-c:e 198~: . Serving ~s Secretary twice: and' ar club.'Presíd.nt r 1991- 199 2." , , "... Work History, includes:., ' , , - Trieete Construction' Corp.., President 198$ - P1iesént:'- ^, T.C.B. of South Florida'; President 1987, - ,Present Best Buy Drugs. Vics President 1976 - 198,8 .. , . .. . . '. .. - .... " , "'. ..'- , ....,.. "';. .... ".:':';." _.:. ·.,;~i~>;,'?E·I:*"· -:', , ,~r,.,~._ ,,,,, ,,'" ., ~ ':~~t:V:~~t~i·::·:~.>!::· ;. ': .... .. . .... . ... ..... ... .. . . ' . , .. ..~ , .. ".' .." 4 .~. . ... r .. .1'" -' , . '. ~ . I. . _. . .... . '.. . " ..,~', ,.: .;i' -:: ~ '. ' ,,: ,\.~'~',~ ~ . . .... . ': .' -.. ....., .. .. ' . ~ , , , t : ~ .1< ." 'r . _ ~. ..-....,) 4 " " ,_ _ . . '~.. :.¥ ..' ',,~: .~. ~ ....... . . _..f.. "'~: ."~."~'" .~. . _ "-", 4·....., , .--'.. ~).'" ': .,:._ ~ ~ .." '·11'" '. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~f SUBJECT: AGENDA ITEM it qo - MEETING OF SEPTEMBER 14. 1993 SERVICE AUTHORIZATION NO. 6/PEC. INC. DATE: September 10, 1993 This is a service authorization in the amount of $4,090 to the contract with PEC, Inc. for engineering services in conjunction with the N.E. 5 Million Gallon Storage Tank and Booster P.S. project. The objective of this service authorization is to develop conceptual alternatives for the proposed facilities. The proposed facilities include a 0.5 MG prestressed concrete ground storage tank, a chemical feed and storage building and a high service booster pumping station building. These improvements will be located on a 140' x 141' site between N.E. 3rd Avenue and the F.E.C. Railroad at N.E. 20th Street or Fairfield Avenue. The property was the site of an elevated storage tank demolished several years ago. Recommend approval of Service Authorization No. 6 to the contract with PEC, Inc. in the amount of $4,090; with funding from 1993B Water and Sewer Bond - N.E. Storage Tank (Account No. 440-5179-536-63.54) . 6/D ,. .HIII' . . . . Agenda Item No.: AGENDA REQUEST Date: September 10, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: September 14, 1993 Description of item (who, what, where, how much): Staff requests City commission to approve Service Authorization No. 6 in the amount of $4,090.00 for engineering services from PEC, Inc. relating to the 0.5 MG Ground Storage Tank and Booster P.S. to be located on a 120' x 120' site between S.R. 5 and the U.S. Highway 1 at N.E. 20th Street or Fairfield Avenue. The funding source for this project is account number 440-5179-536-63.54. The project number is 93-070. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization No. 6 to PEC. Inc. , in the amount of $4,090 relating to the 0.5 MG Ground Storage Tank and Booster P.S. Department Head ~/!tfl, signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~ired on all items involving expenditure of funds): Funding available: YE VNO Funding alternatives Account No. & Description J'o(lMn~ Account Balance I s; TAfJ~ City Manager Review: Approved for agenda: (i)/NO f!1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen2513.doc '. ·. 09/03/93 14: 00 frl J07 8J9 9JOl PEC INC 141002/008 . PEC [IDœffi~ V PROFESSIONAL ENGINEERING CONSUL TANTS. lNG. September 3, 1993 P-3094 City of De1ray Beach 434 South Swinton Avenue Delray Beach, Florida 33444- Attn: Mr. William H. Greenwood, P.E. Director of Environmental Services Subject: Continuing Engineering Services Agreement dated December 4, 1991 Re: City of Delray Beach Northeast Service Area 0.5 MG Ground Storage Tank and Booster P.S. Gentlemen: ¡ We are pleased to present the :¡.ttached proposal for Engineering Services related to the above refi~renced assignment. TIÜs Consulting Services Authorization proposal provides for the Pha8l;~ I - Study or Conceptual Phase Services as provided in our Agreement for Engineering Services dated DI~eember 4, 1991. The remaining work phases for this I assignm~~llt will be provided in a subsequent proposal. I Enclosed for your mview are 1) manhour estimates included in Attachment II A "; 2) cost estimates shown in Attachment "U"; 3) an implementation schedule shown in Attachment "CII; and 4) five (5) t~xecuted copies of the Consulting Service Authorization (No.6) for this assignment. We propose to perform the engineering services hercin, utilizing the lump sum fee compensation, f(lf a toUù fee of $4,090. We are prepared to complete this assignment in accordance with the implementation schedule contained in Attachment "C". We appreciate the opportunity to provide our engineering services for this assignment and trust that the information provided herein is sufficient for your needs. If you have any questions or comments or require additional information, please contact the undersigned at your convenience. Very truly yours, I PROFESSIONAL ENGINEERING CONSULTANTS, INC. ~~- Arthur R. Austin, P .E. Manager, Environmental Department ARAIak-WOl Attachments cc: Mr. Tom Kelley, P.E., Principal, PEC engineers Mr. Mike Waresak, P.E., PEC planners sU1veyors 200 East Robinson Street· Suite 1560 . Orlando, Florid,\ 32801 . 40ì:422-8062 . FAX 40718·19940i ,. ",1111 .. 09/03/93 14:01 ~1 407 849 9401 PEC INC I4J 003/008 PROFESSIONAL ENGINEERING CONSULTANTS, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION No.6 DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE PROmCT NO.: CITY OF DELRA Y BEACH PEC DB-08 TITLE: NORTHEAST 0.5 MG GROUND STORAGE TANK .AND BOOSTER. PUMP STATION This service authorization. when executed, shall be incorporated in and shall become an integral part of the Contract~ Dated December 4~ 1991, by and between the City of Delray Beach and PEC. I. PROJECT DESCRIPTION The objective of this Service Authorization is to develop with the City staff conceptual alternatives for the proposed facilities and to obtain approval from the City Commission of a recommended plan. The proposed facilities include a 0.5 MG prestressed concrete ground storage tank, a chemical feed and storage building and a higl1 service booster pumping station building. These improvements will be located on a 120' x 120' site between S.R. S and the U,S. Highway 1 at N.E. 20th Street or Fairfield Avenue. The property was the site of an elevated storage tank demolished several years ago. 'Three (3) conceptual alternatives will be developed for each of the 1) site plant 2) 0.5 MG ground storage tank and 3) Booster P .s. building. Each conceptual alternative will c{)nsider 1) sur:rounding environment, 2,) similar architectural style of Miller Park GST and B.P.S. and 3) recreational needs c,f area. The conceptual plan selected by the City Commission will be used as the basis of design and construcdon in the subsequent pklSes of this ptoject. II. SCOPE OF SERY~ The development of this assignment consists of the following phases and sub-tasks: Phase I .. Study or Conceptual Phase A. Prepare and me¡~t with City staff'to develop conceptual alternatives for proposed improvements. Three (3) conceptual alternatives will be dðVeloped for each of the 1) site plan, 2) 0.5 MG ground storage tank and 3) high service booster pump station building. B. Develop preliminary drawings for each conceptual alternative. c. Develop preliminary constnlction cost estimate for each conceptual alternative. - 1 - P-3094 (9-03-93) '. .'¡llf, '. 09/03/93 14: 02 '5'1 407 8~9 9401 PEC INC 141 004/008 . CONSULTING SERVICE AUTHORIZATION NQ.-.1i Continued D. Prepare and meet with City staff to review preliminary data and develop recommendation for City Commission. E. Prepare for and attend City Commission meeting to present conceptual alternatives and City staff's recommendation. F. Prepare letter report summarizing the design. concept for the improvements as selected by the City Commission and City staff. Provide five (5) copies of the letter report to City. Detailed Scope of Services Is included in Attacltment II A". m. BUDGET The following services shall be paid on the basis of the following methods in accordance with the Contract Agreement~ the total not to exceed $4~090 without further authorization from the City: Activity Ba.4ls of Payment Budeet Phase I - Study or Conceptual Lump Sum $ 4.090 Total Budget this Authorization , 41p90 Detailed Manhour and Budgets are included in Attachment liB". The Consultant shall be reimbursed for additional services not included in the above basic fees~ such as but not limited to: special permitting. additional printing, property surveys, and resident services during construction~ not to exceed an amount of Two Thousand Dollars ($2~OOO). These additional services shall be approved by the Cityt in wriring, on an item per item basis. IV. COMPLETION DATE The scope of services provided under this Consulting Services Authorization shall be completed within 60 calendar days from Notice to Proceed (or from receipt of City provided information as requested) at which time PEC will submit a letter report summarizing the design for the proposed improvements. Detailed Completion Schedule is included in Attachment "C". - 2 - P-3094 (9~3-93) ,. "I I~ .. 09/03/9:5 14:02 fr1 407 849 9401 PEC INC !4J 005/008 . CON~TL11NG SE:RVICE AUTHORIZATION No.6 Continued This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered m. the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is \lIlSatistied with the servic.;; provided in the previous phase or service authoci%ation, the City may terminate the contract without incurring any further liability. APPROVED BY THE CITY OF PROFESSIONAL ENGINEERING DELRA Y BEACH CONSULTANTS, INC. _DAY OF .1993 BY: Tom R. Kelleyi P.E. Type or Print Date: (SEAL) CITY OF DELRA Y BEACH, a municipal corporation of the STATE OF FLORIDA ATI'EST: STATE OF FLORIDA COUNTY OF ORANGE BY: MAYOR The foregoing instrument was acknowledged. before me this ~ day of , 1993 by Tom R. Kelley. P.E. , ATrEST: (name of officer or agent, title of officer or agent of, or agent, of Professional En¡i.neering C9nsultattts. Inc. , HY' ..... (na.m~ of ¡;;Omnr¡ÛOD il.1ìk¡¡owlÑœ~). ¡ . (§M~ - or place of incorporation), corporation, on behalf of the corporation. He/She is personally known to me/or has produced APPROVED AS TO FORM: (type of identification) as identification and did (did not) take an oath. BY: City Attorney Signature of Notary Public - State of Florida Print, Type or Stamp Name of Notary Public (SEAL) - 3 - P-3094 (9-0:3-93) ,. q.¡ 09/03/93 14: 03 '5'1 -107 S-I9 9-1()1 PEC INC I4J 006/008 . O'ì ~ .... g¡ c:I\ C'\ i 0'1 00:1' V 8 ~ I p.. I I I I N I ~ I I I I I I \0 I I I ~ Be ~t; I I 1 I I I ~! 00 01 ~ 00 co N -<: ~~ i n - I I ...... - I ~~ - II! ~J~ J f ] n I I ~i ~ i~ .",., "'."'" ,'.w, j J '" ] B' f ~ '! ' ¡¡~¡(~¡~@~~~¡¡!;¡l¡~@;[t~j !~;t;¡~~~),. --- ~ ~ ~ = ~ ;¡i: ¡~~¡?: "W"'W";';":"""" j ¡ a ~ 8 {ä 8' ",. ~~ '¡!1i~![;:r:i!(¡:::¡¡!rj:~¡!j :f;:r:.¡~ 1 ,~~ s ~ ~ ~,:d::¡: wI_ 'a a e 8 ~ II n !i!iif:j~:ri;; @!~i::¡;i::¡Î¡¡: .> 4) .. ~ ~ :ä !ii'::! w~""",w í! i" 'a ¡¡ J " ~ ~ ,,',- ¡¡I!!' Ii ,jj¡¡:i r' § -", B U it Ii: ,:<,;,.,.;.";.,<".,.,...",,, ',','....'.', "'iiI ¡ c ¡::.",. .,'.' m~m~l::: . ?;1~!~) ·);tWn1: w t¡;¡ p , ~':T ,.' ,r~:m: ":"w",J~,;:;,,,>: ';';':':";,," ] "1:1 It s 2 ,N B :tj ?~:,;,;; ~ It~r ~'¡¡" § · i" ~ Ii ,eo ~ ¡ii! ~ "A,·.",,,,, "" '" Q B' ~ 8' j¡!: 'þ ~ Þ H", !:~!I;!j:¡i!(.,· j::¡!r]:';!j¡\!:~i' ~ § ~ . 1 ~ .~ ¿ . g 1 ~ U ;¡¡¡,,¡:,;i '~l' "", -II ::;¡ ! 8 .~ ~ ~ oS 1"'" ¡n:î¡j:f''i):¡j:: ;J::¡::;:: 12 ~ ~ ' B It.I '::::::':i: -"" ,m" ~ - . 'ã ~ · n ~ ~ f· """ :ij1¡¡¡!:!¡¡¡¡ '¡¡Iii¡,! ";:;\(:\i:[ ~ ~ ~:c ~ .~ 8:'~ '\:,:,;j'('¡',i; '¡¡~¡¡r¡¡1 t> !Î § 'f i t> ð t> i i 1 ¡be", :¡;:¡¡¡¡:;¡¡;:. :~1¡;:¡¡: :;!j ¡¡ u . - i Ö.Þ fJ·:.:::!;!¡:~::¡ ':"'~""~:f.i!:,~".",: :1, ,:, o£I J!i ø. ..ä 8 oS Ö "'é <ì 8 ":"",,.:,,:,. let,I j I~i j j H ~f U!Î 0~'"'" , 5 t ~ 2 Ii Ii 51 <ii a i '" g,"- IiI J1h t f. t'j J¡;.~' ,."',..'"".... "'.' i Q ~ A A ø.. ~ ¡:¡.¡ 'iI 1 11)" ." ~¡;~~~;¡:¡¡J¡1~m¡~¡¡~[¡;ik 1<,t:~:,é fQ ~ ):;<\:;':~;, 111 -< = ú À ~ ~ '. 09/03/93 14: 04 '5'1 407 849 9401 PEC INC I4J 007/008 PROFESSIONAl. ENGINEERING CONSULTANTS. INC. ATTACHUENl'II CLleNT..~..._......_ CITY Of' DELRAY BEACH PROJEOT NAME..m....__ NORTHEAST STORAGE POND AND aOOSTER STATION PROJECT NUM8ER......_-P- DATE Of' ESTIMA"J'E........__SEPTEMBER 3, 1993 TOTAL \.ABOA MULTiPLIER..... 1\.0000 DIRECT MULTiPLIER..... 1.0 INDIRECT MUL 1 2.00000 *................. .LA A" J. J¡, A.... J.""''' ,........It * iI..........................,. , .I....), II. , , A." 1 J-....... ...........*.,.....~.,..". ."".Ii ,,¡.& ....~A..".I.....I. A.... J..I... .L.. ............... .&..&.4,.........I....,¡,¿.... "...& A A"" "" I- LABOR COST PET AIL PHASE 1 DIRECT MULTI STIJDY OR TOTAL LABOR LABOR LASOR CLASS RATE CONCEPTUAl. HOURS COST COST -------------- --...--- ----------. -------.... -------- ----'----. PROJeCT MANAGIiR "3.6; 3 3 S101 ta02 SIiNloA ENGINEER $23.00 38 38 "74 $2,02~ ENGINEER $18.00 0 0 $0 $0 DESIGNER $15.00 e IS svo $270 DRAFTSMAN $11.00 20 20 $220 $ellO CLeRIC,>\L $11.00 :2 :2 $22 ~6 -------- -------- -------- -----.....-- SUBTOTAllASOR HOURS CI; ell DIRECT COST '1,307 $3,820 SUaTOTAL LABoR DOLLARS $3,£120 $3.'20 INDIREc::r COST $2.514 TOfAL $3,820 ...............*.**..oL...'..... ,¡,..·~4A A." ..~'..\A A A" A. ,,, ,.,.......................................****,1,....,1,,1. A"',I, A J- 1..1 L.I..I. _LJ.~* ............... ,...........,1,... J. J. J.... J.,I. .. A U,...... ........-.............*.............. OTHER DIF1ECTCOSTS DIITAIL ACTUAl. MULTI ITEM Dl~SCRIPTION ODC ODC ----------------------- ---...---- -_............~--- -----.....---. -------- ........------ TELEPHONe (IQn~ ctIßan¢") $20 $20 $20 Ref'ROD./PFUNTlNG $150 $160 $150 -~-_.._---- -------- -------. SUBTOTAl... DIRECT $ $170 $170 SUBTOTAl... MUL T DIR S $170 $170 .....~~A.................I..L.1 iII.............................~~....... ~............*........*.... ~"....J, A......... J¡A,I,.1 ..1 ".,I,I, A 1."""'.1 .. ... ...81.......**.........., 1.£)....... A.........A J.... 44.1 ".............. EXTIiRNAL ASSOCIATes COST DETAIL ASSOO IiXTiFlNAL ASSOCIATE COST -----------~~--~------ ........------ ----.-........- -_......------- -...-----. -------- -------- ....-------.... -------- $0 $0 $0 $0 ................_............I.~~_._ .¿~4.~4.J.4.....JIfoJ....J.A AAAJ."" .L.L.L.1.1 1 .....................'*......trlr..,I<A~~ 11 J..L .L.l.1.1.1..I..1.1.4 ......¿....I 1..1.1..1........ ..................,¡.~...h#. ~J,,bd../Id.J. .1.1.J.J. .1..1.1. ...... ........................ TOTA!. LAElOA, ODC', & IiXTeRNAL ÁSSOOIATES $170 $3.920 $0 $4,000 '. 09/03/9:.\ 14:04 fr1 407 849 9401 PEC INC !4J 008/008 ¡;:j" c:¡-. tiI ~ ~ ~ ~ ~ ",~I" :;!*i ~!. ~ ~ CIl ~ CIl ~ ¡ CJ ~i~ I :~~ I ~ ~ - I=~ I -< · · , · , · ~ · · · · · , ~~ · · · · · · · · · · · ~~ · , · · , · , , , · , · , , , · · ~v~ · · · · · · , · · · · · · , · · · · · · · · · · i · · · · · · · · · · · · êi · · , · · · E-c · · , · · · · · , · · · ~ i,4 · · · · , · · · · ¡ , · , · · , , · · · · · ~: :.!Il>'" ~ æ!f·B~J( :z ~ë' r:i;:~ ~ :I e iî ~ -;; ~ :< Q r..¡ ,g ~ ~1·iIf'lf u=~.. u~ I Q b ~ u .. Ü I go g. c t 1 ~ 'i 1:1 "'!S '~ ~ ~ ! ~ ~ II -< ~ u Q ~ ~ ..: .. '. " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERfX1 SUBJECT: AGENDA ITEM it ~ P - MEETING OF SEPTEMBER 14. 1993 SERVICE AUTHORIZATION NO. 6/GEE AND JENSON DATE: September 10, 1993 This is a service authorization in the amount of $7,955 to the contract with Gee and Jenson for preliminary evaluation of the Pompey Park Pool to determine alternatives to renovate or replace the existing facility to meet full utilization of community needs as a municipal pool. The scope of service includes site visit to Pompey Park; coordination and meetings with committee to evaluate pool as Full Utilization/Total Community Pool; preparation of an analysis of alternatives including refurbishment or replacement of pool; and presenting the report and recommendations to the Commission at a regular Commission meeting. Staff anticipates having the pool designed, approved and constructed in April/May 1994. Recommend approval of Service Authorization No. 6 to the contract with Gee and Jenson in the amount of $7,955¡ with funding from General Construction Fund - Pompey Pool (Account No. 334-4170-572-63.45) . " "II'" '. . Agenda Item No.: qp AGENDA REOUEST Date: september 10, 1993 Request to be placed on: X Regular Agenda ____ Special Agenda ____ Workshop Agenda When: September 14, 1993 - Description of item (who, what, where, how much) : Staff reauests Commission approve Service Authorization No. 6 for Gee and Jenson to provide preliminarv evaluation of the Pompev Park Municipal Pool ( proi ect No. 93-56) to determine alternatives to renovate or replace the existina facilitv to meet full utilization of communitv needs as a municipal pool. This work is outlined on the attached service authorization. Cost to be S7.955.00. Account #334-4170-572-63.45. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization No. 6. Staff recommends we beain the desian process now in order to have the pool readv for service bv April/Mav 1994. Department Head Signature:~ /1() f1Ø 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 (t; ~PliCable) Account No. & Descrt:tion~_S7J,.~..::>--~ ~ ëf2AL, ðó/J:.J£.-- Account Balance ~ ,~ ~ City Manager Review: Approved for agenda: §/NO oM Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AG356910.MRM '. " DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden city Manager ~ THRU: William H. Greenwood Dir. of Environmental Services FROM: Ralph E. Hayden, P.E.~ City Engineer DATE: September 10, 1993 SUBJECT: Pompey Park Pool Attached is an agenda request and backup information for Service Authorization No. 6 for Gee and Jenson for the preliminary evaluation of the Pompey Park Pool. This service authorization is for: - Site visit to Pompey Park - Coordination and meetings with committee to evaluate pool as Full Utilization/Total Community Pool, including visit to San Carlos Park pool with committee. - Prepare analysis of alternatives including refurbishment or replacement of Pool. Analysis will include schematic layout plans, cost estimates and schedule. - Present report and recommendations to City Commission at regular City Commission meeting. Our target to have this pool designed, approved and constructed is April/May 1994. The budget for this service Authorization is $7,955 to be funded from account #334-4170-572-63.45. RH:mm File: Project No. 93-56 RH356910.MRM ,. l.JU:.t.~) t. 11":> I.J" LV; 4U r -boö- f 441..) ;:,t.r UJ =-'...J 11 . LO I'W. ULO ï. UL . . CONSULTING SERVICES AUTHORIZATION Date; SeNlco Authorization No. lor ConsuWng Services City P.O. No. City Expense CodEl Title: Tn" S.rvloe A\ltharlaatlon, when eXlcuted, lhall be 'I\corporated In ,net .hlllI beoomll an Int'lIral pa'" òf thlt Contraot. Title: I. PROJECT DESÇRIPTION . City ProJect Number 93-56 Preliminary evaluation of tho Pompey Park Municipal Pool to determine alternatives to renovato or replace the existing facUlty to meet full utilization of communIty heeds as a municipal pool. NOTE! NO DESTRUCTIVE TESTING IS INCLUDED· A DETAILED STRUCTURAL ANALYSIS IS NOT PART OF THIS INITIAL PHASE. THE SCOPE OF WORK IS TO ae IMPLEMENTED IN PHASES AS SeT FORTH BY THIS AGREEMENT AND BY SERVICE AUTHORIZATIONS. WHICH MAY BE ADDED AS APPROVED BY ¡HE CITY FROM liME TO TIME. II. SCOPE OF seRVICES: ~ Site Visit to Pompey Park . Coordination and meetIngs with commlttøe to evaluate pool as Full UUllzatlonfrotal Community Pool, Including vIsit to San Carlos Park pool with committee. . Prepare analysis of a.ltematlves Including refurbishment or replacement of Pool. Analysis will Include schematic layout plans, cost ostimates and schedule. ~ Present report and recommøndaUons to City Commission a.t regular City Commission meeting. III. .E!UDGET Prine. S,. T. Sp. PM Sr. ArchlSr. Eng. Cad Dr. SEley. ~ SIt\) Visit 4 4 2 Committee Meetings (1) 8 8 (2) a 8 4 Analysis 1 16 20 16 e Report Presentation 4 2 1 40 40 16 14 Total hours Total Labor . $7.755.00 (Billed at 3.0 multiplier) Exponses . $200.00 $7,955.00 Not to Exceed Budget of $8,000.00. '. " lit.!::. (;. ),t..I~ :::;.1..11'1 11) . 4U r -060- r /.f,-It.:' :::;.t..r U ,.) ::;,1,) 11 . LO I'W. ULO r. U·.) . - IV. COMPLETION DATE: SEPTEMBER 28, 1993 (Commission Prl)$entaUon) This service authorization Is approvod contingent upon the City's acceptance of and satisfaction with the completion of U)e sorvlcøs 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 pha.se or $ervlce authorllatlon, the City may terminate the contract wltl)out Incurring any further liability. The CONSUL. TANT may not commence work on any sorvlce authorizatIon approved by the City to be ",eluded as part of the contract without a further noüco to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: (Gee & Jenson E·A·P/ Inc.) Date Ç;,e t Thomas E. Lynch I enlor Vice President Mayor (Seal) Witness Wltnoss Attost: Attest: Approved as to Legal Sufficiency and Form STATE OF COUNTY OF The foregoing Instrument was acknowlodged before me this day of ,19_ by (narw of officer or agent, title of officer or agent), of, (name of corporation acknowledging), a (state or place of Incorporation) corporation, on bohall of tho corporatlol"l. He/$he Is (personally known to ma) or (has produced identification) (type of Identlncatlon) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Namo of Ackl'lowledger Typed, Printed or Stamped '. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [IIt'1 SUBJECT: AGENDA ITEM it It)^ - MEETING OF SEPTEMBER 14. 1993 RESOLUTION NO. 80-93 DATE: September 10, 1993 This is a resolution to tentatively levy a tax on all properties within the City of Delray Beach, for maintenance and operation, and to tentatively levy a tax for the payment of principal and interest on bonded indebtedness and to allocate and appropriate said collections thereunder. The notice of proposed taxes sent to individual property owners reflected a proposed millage rate of 8.25. Based upon direction given by the Commission, the proposed millage rate has since been reduced to 8 mills. Staff will make a brief presentation to open the public hearing. Recommend approval of Resolution No. 80-93. ,. .. . __'0 ,~__..._.__ __~________"_____~.__ --- ----------~----~'.~_._--_.._- _m__._o '_'0' .__,....._ ... -.- __,__~.. ____c_~~· _.,.,,~_.____..___ _ , ... .__...__...._.-._----_.._-_.~-_. ""'-'--' I I RESOLUTION NO. 80-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there shall be and hereby is appropriated for the General Fund operations of the City revenue derived from the tax of $6.86 per one thousand dollars ($1,000.00) of assessed valuation which is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 1993, and ending September 30, 1994; the assessed valuation on all taxable property for operating purposes within the City of Delray Beach being $2,461,544,953; for operating and for maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The tentative operating millage rate of $6.86 per one thousand dollars ($1,000.00) exceeds the roll back rate of $6.31 per one thousand dollars ($1,000.00) by 8. 7 % . Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,668,520 and that there is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $1.14 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1 , 1993, and ending September 30, 1994, upon the taxable property of the City of Delray Beach, the assessed valuation being $2,461,544,953. Section 3. That the above tentative millage rates are adopted subject to adjustment "in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority may adjust its adopted millage rate if the taxabl~ value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1 %) with the taxable value shown on the roll to be extended. '. . --- .._,.--_.._-~_..-..-_.'---'-~ . --_._------"---,-' '"-.--.,.------.---.-. ._---' . --' --""-'.-'..'- I Section 4. That a public hearing was held on the proposed I budget on September 14, 1993. PASSED AND ADOPTED in regular session on this the 14th day of September, 1993. MAYOR ATTEST: City Clerk . - 2 - Res. No. 80-93 ;, !I I ,I 'I II '. ,~ '.' '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER i17v1 SUBJECT: AGENDA ITEM it IOß - MEETING OF SEPTEMBER 14. 1993 RESOLUTION NO. 81-93 DATE: September 10, 1993 This is a resolution to tentatively levy a tax on all properties within the Downtown Development Taxing District of the City of Delray Beach, Florida, for the purpose of maintenance and operation, and to appropriate said collections thereunder to the Downtown Development Authority. Recommend approval of Resolution No. 81-93. . ,. "." -----,.._._~^._--,.. - .-,----.--.-.- .. .-.._~._._._.---------------~-,._"'._"----"-' -~"'-"'---< - .----- .__. .-._- RESOLUTION NO. 81-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON I ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TMING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO i APPROPRIATE SAID COLLECTIONS THEREUNDER. I I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ; CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ! Section 1. That there shall be and hereby i~ appropriated : for the purpose of financing the operation of the Downtown Development Authority Taxing District, through the General Fund operations of the City, revenue derived from the tax of $1.00 perone thousand dollars ($1,000.00) of assessed valuation which is hereby tentatively levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1 , 1993, and ending September 30, 1994; the assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach being $32,050,699; for operating and for maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The tentative operating millage rate of $1.00 per one thousand dollars ($1,000.00) exceeds the roll back rate of $0.95 per one thousand dollars ($1,000.00) by 5.26%. Section 2. That the above millage rate is adopted pursuant to Florida Statutes Section 200.065 (2) (e) (2), and subject to adjustment in accordance with Section 200~065(5) of the Florida Statutes which provides that each affected taxing authority may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the roll to be extended. Section 3. That a public hearing was held on the proposed budget on September 14, 1993. PASSED AND ADOPTED in regular session on this the l~th day of September, 1993. MAYOR ATTEST: City Clerk '. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM # YDc" - MEETING OF SEPTEMBER 14. 1993 RESOLUTION NO. 82-93 DATE: September 10, 1993 This is a resolution making tentative appropriations of sums of money for all necessary expenditures of the City of Delray Beach, Florida, for the period from the 1st day of October 1993, to the 30th day of September 1994; to prescribe the terms, conditions and provisions with respect to the items of appropriation and their payment; and to repeal all resolutions and ordinances wholly in conflict with this resolution and all resolutions and ordinances inconsistent with this resolution to the extent of such inconsistency. Staff will make a brief presentation to open the public hearing for this item. Recommend approval of Resolution No. 82-93. ,. "I," " ------..,.- I ; RESOLUTION NO. 82-93 I I I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF I . DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1993, TO THE 30TH DAY OF SEPTEMBER, 1994; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ! ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO' THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby tentatively appropriated upon the terms and conditions herein set forth. Section 2. 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, 1993, and ending the 30th day of September, 1994, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 1993, and ending the 30th day of September, 1994. Section 3. 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, 1993, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 1993, 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 Fund created by the 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, 1993. ult "1 II. ,. u_ ,_.__ --.' ---.- . ._~,_._~~--- -~-..~ Section 4. 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 appropriation 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 5. 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 6. 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 J any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City treasury. Section 8. That the foregoing budget is hereby tentatively adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, 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 9. That this resolution shall be effective on October 1, 1993. PASSED AND ADOPTED in regular session on this the 14th day I of September, 1993. MAYOR ATTEST: City Clerk - 2 - Res. No. 82-93 ,. "lit " , . . EXHIBIT A BUDGET SUMMARY SPECIAL INTERNAL GENERAL ENTERPRISE REVENUE SERVICE FUND FUNDS FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD ° 1,274,180 3,170 ° 1,277,350 ESTIMATED REVENUES; TAXES Millages AD VALOREM TAXES 6.86 16,039,080 16,039,080 AD VALOREM TAXES 1,14 2,668.650 2,668,650 AD VALOREM-DELINQUENT 150,000 150,000 AD VALOREM - DDA 1.00 30,450 30,450 Sales & Use Taxes 1 ,280,000 1 ,280,000 Franchise TaKes 2.512,120 2,512,120 Utility Taxes 4,319,000 4,319,000 Licenses & Permits 1,388,010 1,388,010 Intergo,vernmental 4.169,230 1,070,320 6,063,390 11,302,940 Charges for Services 2.160,250 22,077,575 24,237,825 F mes & Forfeitures 283,500 118,690 402,190 Miscellaneous Revenues 2,136,230 367,300 9,500 SO,OOO 2,563,030 Other Financing Sources 2.496,220 50,000 767,870 3.314,090 TOTAL REVENUES AND OTHER FINANCING SOURCES 39,632,740 22,494,875 1,966,380 6,113,390 70,207,385 TOTAL ESTIMATED REVENUES AND BALANCES 39,632,740 23,769,055 1,969.550 6,113,390 71,484,735 EXPENDITURES/EXPENSES: General Government Services 5,175,360 5,175,360 Public Safety 21.436,160 125,360 21,561,520 Physical Environment 270,050 14,147,740 14,417,790 Transportation 1,236,220 1,236,220 Economic EnvIronment 495,070 1,257,91 ° 1,752,980 Human Services 182,470 182,470 Culture & Recreation 5,187,230 1,757,033 285,830 7,230,093 Intergovernmental Service 76,800 6,06ç.700 6,143,500 Debt Service 4,474,600 4,371 ,620 8,846,220 Other Financing Uses 1,098,780 3,266,300 300 .4SO 4,665,530 TOTAL EXPENDITURES/EXPENSES 39,632,740 23,542,693 1,969,550 6,066,700 71,211,683 Reserves ° 226,362 ° 46,690 273,052 TOTAL EXPENDITURES AND RESERVES 39,632,740 23,769,055 1,969,550 6,113,390 71,484,735 - ,. "II I~ , ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER b/v'ì SUBJECT: AGENDA ITEM # )0 D - MEETING OF SEPTEMBER 14. 1993 ORDINANCE NO. 52-93 DATE: September 10, 1993 This is the second reading of an ordinance adopting Comprehensive Plan Amendment 93-1. Generally, the first amendment of each year focuses upon updating the work program in the Comprehensive Plan¡ making adjustments to the Capital Improvement program¡ status of various objectives and policies¡ corrections¡ and general housekeeping. Amendment 93-1 proposes changes to 53 objectives and policies, modifies support material and tables in 19 locations, and updates the Five Year Schedule of Capital Improvements. There were two objections raised by DCA. To accommodate one of the objections, the policy will be left as it is. As to the other, additional text will be inserted to create what DCA refers to as a 'measurable objective'. The Planning and Zoning Board at their August 16th meeting recommended approval subject to conditions. The Commission reviewed those conditions on first reading and by consensus opted to not include the Board's request relative to R/T zoning. At the August 24th regular meeting, Ordinance No. 52-93 passed on first reading by a 5-0 vote. Additionally, staff is requesting that final action on this ordinance be deferred to coincide with the adoption of the FY 1993/94 budget. Recommend deferral of final approval on Ordinance No. 52-93 to coincide with the adoption of the FY 1993/94 budget. ~ 1/ ( Ý' 1 J ?-8' f 9 J '. " 01{ ¿1jvl C I T Y COM MIS S ION DOC U MEN TAT ION TO: DÀvID T. HARDEN, CITY MANAGER \ ;4}10D~ FROM: DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 24, 1993 ADOPTION OF PLAN AMENDMENT 93-1, FIRST READING ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance adopting Plan Amendment 93-1. Remaining actions include a properly noticed public hearing to be held on September 14th. Final action would be deferred, at that time, to September 28th in order that the Capital Improvement Program as shown in the Plan Amendment and in the Budget can be coordinated and reflect the same decisions. However, it is desired to proceed with the above processing sequence in order to insure that other aspects of the Plan Amendment receive due attention. BACKGROUND: Plan Amendment 93-1 proposes changes tQ fifty-three (53) objectives and policies, modifies support material and tables in nineteen (19) locations, and up-dates the Five Year Schedule of Capital Improvements. Attached is the Planning and Zoning Board staff report (August 16th) which provides further information about the amendment. A copy of the transmittal document (actual changes and support documents) is available in the Planning Department Offices. As an attachment to the public hearing document (the enacting ordinance), there will be the precise wording changes. The City Commission forwarded the proposed Amendments to DCA, for mandatory review, by action on March 23, 1993. The review process has been completed and only two (2) objections were raised. Both are relatively insignificant. They are addressed in the accompanying P&Z Board Staff Report (August 16th) . In addition to responding to the formal objections, the proposed amendment needs to be up-dated to reflect the current status of our Five-Year Capital Improvement Schedu],..e.p- The coordination of r this Plan Amendment's Five-Year Schedule and the Budget Capital Improvement Program will occur on September 28th. .. ,. èity Commission Documentation Adoption of Plan Amendment 93-1, First Reading Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 16, 1993. On a 4-1 vote (Krall dissenting, Currie and FeIner absent), the Board recommended the following: 1- That Policy B-3.3b of the Land Use Element not be enacted (i.e. the current wording not be changed). 2. That Policy B-3.1 of the Public Facilities be changed to retain a "measurable standard". 3. That while the proposed Capital Budget is not inconsistent with the Comprehensive Plan, that the timing and allocation of funds be made in consideration of the comments contained within the staff report and that the Five-Year Schedule be modified accordingly. (Director's Note: The Commission should consider the P&Z Staff Report when workshopping the Capital Improvement portion of the City Manager's proposed budget.) 4. That, upon accommodation of the above, Plan Amendment 93-1 be approved (adopted). RECOMMENDED ACTION: By motion, approval of this adoption ordinance on first reading, with appropriate public hearings scheduled for September 14th. Attachment: * P&Z Staff Report & Documentation of August 16, 1993 DJK/CC93-1 '. ,. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 16, 1993 A4ENDA ITEM: V.A. REVIEW OF RESPONSE TO O.R.C. REPORT FOR PLAN AMENDMENT 93-1 AND RECOMMENDATION TO THE CITY COMMISSION REGARDING CHANGES TO 93-1 I T E M B E FOR E THE BOA R D: The item before the Board consists of the following: * Review of the Objections, Recommendations, and Comment (O.R.C.) Report prepared by the Department of Community Affairs (DCA) on our proposed Plan Amendment 93-I. * Review and endorsement of the City's Response to the O.R.C. Report. * Recommendations to the City Commission regarding changes to the proposed amendment which 'will: (a) accommodate objections raised by DCA, (b) up-date material pertaining to the Five Year Schedule of Capital Improvements, and (c) accommodate other minor changes. B A C K G R 0 U N D: Amendment 93-1 proposes changes to fifty-three (53) objectives and policies, modifies support material and tables in nineteen (19) locations, and up-dates the Five Year Schedule of Capital Improvements. Attached is the Table of Contents which lists the subject of the changes. Plan Amendment 93-1 was prepared early in 1993. It, was reviewed at a public hearing held before the Planning and Zoning Board on March 15, 1993. It was authorized to be forwarded to DCA for required review by City Commission action on March 23, 1993. DCA has completed its review and has issued its O.R.C. Report. The Department has stated two objections. There were no objections from other reviewing agencies. The City must now respond to the 0 . R . C . Report and take "adoption" action on the proposed Plan Amendment 93-1. V.A. '. P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 2 In addition to the two items raised in the O.R.C. Report, we will up-date the Five-Year Schedule of Capital Improvements to reflect the final FY 93/94 Capital Budget. Both this P~an Amendment and the Capital Budget will have hearings and be considered for action before the City Commission at the same time. It is appropriate to have consistency between these two items. Finally, one additional item, not previously considered, is being added to the Amendment package. RES P 0 N S E T 0 O. R. C. R E P 0 R T: The two objections raised by DCA are summarized as follows (please refer to their letter of July 16, 1993, copy attached for more detail). * Land Use Element Policy B-3. 3b: DCA notes a technical concern by the existence of the last sentence which they feel makes the Plan self-amending. The last sentence allows an annexed property to assume the City nomenclature for its land use designation without the formality of a plan amendment. However, this is to occur only after the execution of an interlocal agreement with the County. Such a situation is allowed under Chapter 163. There appears to be some confusion as to interpretation of our intent. We note that this same policy is subject to further amendment in Plan Amendment 93-2. Please see John Walker's memorandum of July 22nd for more detail and explanation. Options for alleviating the objection: 1- Delete the last sentence, as suggested by DCA. 2. Provide more extensive documentation and justification under provisions of 163.01 and 163.3171, F.S. 3. Make no changes to Policy B-3.3b and leave as it is presently written (i.e. pre proposed Amendment 93-1). Recommended Action: Make no change to Policy B-3.3b i.e. leave as it was; and note that POlicy B-3.3b is under further change in Plan Amendment 93-2. * Public Facilities Element POlicy B-3.1: DCA notes that we have ,eliminated a "measurable standard" from this Policy. Our action was meant to note that the target had been reached and the programs used to reach it should be retained as "maintenance" items (policies). Options for alleviating the objection: 1- Provide more extensive documentation verifying that the target has been achieved and providing language that the achieved target shall not be violated in the future. 2. Re-insert a measurable standard. (See John Walker's memorandum of July 22nd for more detail and analysis). '. '. P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 3 Recommended Action: Alter the first portion of Policy B-3.1 to accommodate a measurable objective as recommended by Mr. Walker i.e. Policy B-3.1 WttKtri øri~ t~~t tØZZøwtri~ ~dø;tøtri øt tK~ tø~pt~K~ri_ti~ 'Z~ri' tK~ ø1~t~ZZ The City shall maintain its program of responsible consumption of water (per capita basis) and shall decrease the overall per capita consumption of water by 10' from 1989 levels _K~ZZ ~~ d~tt~~_~d ~t ZI. through continued implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). CHANGES TO THE FIVE YEAR SCHEDULE OF CAPITAL IMPROVEMENTS: In compliance with the Annual Review Provisions of Chapter v, the preparation of our first amendment of the year precedes the annual budget preparation process. An independent assessment of capital improvement needs is made by the Planning and Zoning Board following public input (hearing) sessions and initial requests from Administrative Departments. Based upon that assessment, amendments are proposed to the Five-Year Schedule and are included in Plan Amendment 93-1. Subsequently, additional information becomes available regarding costs of proposed project and regarding available revenue. That information is now available in the form of the proposed Capital Budget for FY 93/94. There are differences between what is proposed in the Capital Budget and what is shown in 93-1. These are as follows: 1. Recreational Impact Fee Fund: Funding for acquisition of the Southwest Park is changed from $500,000 in FY 93/94 to $400,000 in FY 93/94 and $100,000 in FY 94/95 due to availability of funds. 2. Decade of Excellence Fund: * Funding for Street Reconstruction increased to $2,500,000 (from $1,730,000) based on more accurate data. * Funding for Old School Square Improvement Area increased to $497,400 (from $450,000) reflecting an account balance. * Funding for Alley Reconstruction (CBD) increased to $350,000 (from $330,000), based upon revised estimates. * Inclusion of Fire Station #3 renovation at $263,400. Inadvertently left off the Amendment. * Inclusion of Barwick Road beautification at $54,150. Inadvertently left off the Amendment. * Funding for residual work in the Northwest Drainage Project Area in the amount of $175,000. Previously non-expended funds. '. .. P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 4 3. Cemetery Fund: Increases to $140,000 in FY 93/94 (from $100,000) and to $60,000 in FY 94/95 (from $40,000) based upon up-dated revenue estimates. 4. Beach Restoration Fund: Annual allocations altered to reflect ident~fied needs and to extend projections to a full five-year timeframe. FY 93/94 from $123,600 to $l08,600 FY 94/95 from $105,000 to $122,000 FY 95/96 from $ 45,000 to $ 30,000 FY 96/97 not shown to $ 67,000 FY 97/98 not shown to $ 32,000 5. Golf Course Fund: Changed to show only the totals since individual projects are less than $100,000/year. And, modified based upon continuing work on facility needs and revised revenue projections. FY 93/94 from $110,000 to $105,000 FY 94/95 from $180,000 to $175,000 FY 95/96 from $180,000 to $215,000 FY 96/97 from $150,000 to $215,000 FY 97/98 from $150,000 to $115,000 6 . Stormwater Utility Fund: The Stormwater Master Plan is not yet completed and decisions for long term financing will not be made until mid-year, 1994. A determination has been made that the George Bush Boulevard outfall will not occur concurrently with other street improvements. Also, the Northwest Drainage Project is deemed complete with respect to meeting immediate needs. Available funds have been allocated, per the following, subsequent to need determinations to accommodate immediate flooding situations. FY 93/94 TOTAL $390,000 Basin Drive Pump Station @ $66,000 Ingraham Avenue Outfall 15,000 Nassau Street Pump Station 82,000 Seacrest Lane Drainage 21,000 Beverly Drive Drainage 63,000 NE 2nd Street Outfall 83,000 SW 1st Street & 4th Avenue 60,000 FY 94/95 TOTAL $402,500 Eagle and Avocet Drive 25,500 White Drive 92,000 Miramar Drive Pump Station 82,000 Lewis Cover Pump Station 82,000 Birdie Court 29,000 Barrier Island Pump Station 82,000 N.E.8th Street 10,000 '. " P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 5 Note that the specific projects are not listed in the Five Year Schedule since none exceed $100,000. However, the total is shown for "Projects less than $100,000 each". 7. Water and Sewer 1993 Bond Issue: This bond issue was made during the year in order to take advantage of low interest rates. The basis for the projects were the Water and Sewer Master Plan Up-dates, as required by the Comprehensive Plan. All funds are to be expended or encumbered in FY 93/94. The project list is as follows: FY 93/94 TOTAL $6,674,000 Golf Course Wells (2) $ 950,000 Southwest Storage Tank Land 80,000 North Reservoir Pumps 335,000 NE Storage Tank (Atlantic HS) 1,575,000 Barwick Road, 12" main 160,000 Lake Ida Road, 12" main 230,000 Andrews Avenue, 12" main 430,000 NE 3rd"Avenue, 12" main 250,000 N. Barwick road, 12" main 100,000 Ridgewood Road, 12" main 220,000 Morikami Projection Wells 2,344,000 8. General Construction Fund: Due to declining assessed value, the General Fund is not able to provide funding at the level proposed in the transmitted Amendment 93-1. Adjustments have been made to reduce FY 93/94 expenditures from $2,064,600 to $593,000. This is accomplished by reductions, deletions (unfunded status) or deferral of the following projects. * Street resurfacing: Reduced from $250,000 to $50,000 * Equipment and Facilities R&R from $150,000 to $130,000 * City Attorney Block Beautification $51,000 to FY 94/95 * Pompey Park Pool $500,000 deleted * Tennis Center Phase II $300,000 deleted * Silver Terrace Paving & Drainage $293,600 deleted * School Site "5" Road Improvements reduced from $150,000 to $50,000 in FY 93/94 with balance in FY 94/95 * ADD: City Hall Hurricane Shutters @ $42,000 in FY 93/94 and $142,000 in FY 94/95. In FY 94/95 the deferrals are accommodated and new projects of Police Hurricane Shutters ($92,400) and Southwest Park Land Acquisition ($150,000) and Lake Ida Beautification additional at $70,000 are all added. In FY 95/96, the improvement of NE 4th Street from NE 2nd Avenue to Federal Highway is shown in the amount of $500,000. '. .. P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 6 Comments/Actions pertaining to the General Construction Fund: The reductions and changes which are necessary to accommodate the shortfall in revenue are generally consistent with policies and directives of the Comprehensive Plan. However, the following comments are offered. A. Pompey Park Pool should received complete funding as approximately $240,000 has been earmarked in current funds on-hand. (It is anticipated that additional funding will be identified prior to City Commission budget worksessions). B. Tennis Center Phase II should receive funding as the facility is necessary to retain our level-of-service needs for public courts. (It is anticipated that a revenue source will be identified prior to City Commission budget worksessions) . C. The FY 94/95 expenditure for Southwest Park Land Acquisition should be from the Recreation ,Impact Fee Fund as opposed to the General Construction Fund. D. The Silver Terrace paving and drainage project is an obligation incurred by virtue of Enclave Annexation programs. If the funds are not needed for immediate improvements due to investment in a redevelopment effort, those funds are essential to the success of the redevelopment effort. E. The provision of hurricane shutters at City Hall and at the Police Station were not previously prioritized by the Planning and Zoning Board for funding (at the expense of other projects). Disposition: Except for project deletions in the General Construction Fund, there are not significant changes between the initially proposed amendment changes and the proposed Capital Budget. The proposed Capital Budget is attached for Boardmember information. It is recommended that the above comments on the General Construction Fund be forwarded to the City Commission and entered into the record during the public hearings. The final Five year Schedule to be included with Plan Amendment 93-1 is to reflect final action as taken by the City Commission on the Capital Budget. ADDITIONAL ITEMS NOT PREVIOUSLY CONSIDERED: On page 43 o~ proposed'Amendment 93-1 certain changes were made to Table L-6 which is the consistency matrix between Future Land Use Map Designations and the Zoning Districts. The additional change is to provide for consistency of the Resort/Tourism (R/T) Zone District to the Transitional Land Use Map Designation. This addition 1s made based upon the realization that the general intensity of allowable uses in the R/T District is comparable to the NC, POD, and POC zone districts which are deemed consistent with the Transitional designation. '. " P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 7 R E COM MEN D E D A C 'r ION s: 1. Recommend to the City Commission that the proposed cl1anges to Land Use Element B-3.3b not be enacted and that the policy not be changed. 2. Recommend to the City Commission that Public Facilities Policy B-3.1 be changed to retain a "measurable standard". 3. Find that while the proposed Capital Budget is not inconsistent with the Comprehensive Plan; and, that the timing and allocation of funds be made in consideration of the comments contained within the Board's staff report. 4. Recommend to the City Commission that an additional consideration of adding consistency between the R/T Zone District and the Transitional Land Use Map designation be made. 5. And that, upon accommodation of the above, Plan Amendment 93-1 be approved. Attachments: * Table of Contents 93-1 * DCA O.R.C. Report * Walkers memo pertaining to O.R.C. Report compliance * Proposed Capital Budget DJK/PZORC931 '. .. TABLE OF CONTENTS CITY OF DELRAY BEACH COMPREHENSIVE PLAN AMENDMENT 93-1 PAGE i TABLE OF CONTENTS 1 CONSERVATION ELEMENT 1 Policy A-I. 1 Monitoring of Groundwater 1 Policy A-2.2 Expand Zone 3 to One Foot Drawdown 2 Policy A-2.3 Changes to Zoning Code 2 Policy B-1.1 Designation of Sensitive Lands 2 Policy B-2.2 Preservation of New Areas 3 Policy B-2.5 10% Preservation Requirement 3 Policy B-3.3 Intracoastal Seawall and Shoreline Protection 4 Policy B-4.1 Beach Access 6 PUBLIC FACILITIES ELEMENT 6 Water Quality (Water Treatment Plant Conversion) 6 Water System Interconnections 7 Fire Station Replacements 8 Facility Needs and Opportunities 9 Computer System 10 Upgrading and Relocation of Facilities 10 policy B-2.3 Retrofitting of Existing Wells 10 Policy B-2.4 Wellfield Rights 11 ~olicy B-3.1 Techniques to Decrease Water Consumption 12 Policy B-4.2 Expansion of Wellfield Protection Ordinance 13 policy B-4.3 Rezoning in Well Zone 3 13 Policy B-5.1 Conversion of Water Plant to Sodium Aluminate 13 Policy D-l. 2 Central Fire Station Replacement 14 Policy D-l. 3 New Fire Station in Southwest l4 Objective D-2 Cemetery Expansion 14 Policy D-2.1 Cemetery Funding Program 15 Policy D-2.2 Improvements to S.W. 10th Street 15 Objective D-4 Maintenance of Existing Facilities 15 Policy D-4.1 Maintenance of Facilities 15 Policy D-4.2 Replacement and Upgrading of Existing Facilities 15 Policy D-4.3 Federal Guidelines on Accessibility 16 Policy E-1.5 Drainage Regulations 16 Policy E-1. 7 Basin 28 Trunk Line/Outfall 1 .. " PAGE 18 TRAFFIC ELEMENT 18 Policy A-7.3 No Enhancements of A-1-A 18 Policy A-7.7 Reduction of Right-of-Way for Swinton Avenue 19 Policy B-3.2 Scenic Street Program 21 OPEN SPACE & RECREATION ELEMENT 21 Park Deficiencies 22 Miller Field Expansion 22 Municipal Tennis Center 23 Pompey Park Pool 23 Policy A-2.5 Priority List for Capital Improvements 25 Policy B-2.4 Beach Access 26 COASTAL MANAGEMENT ELEMENT 26 Beach Nourishment Project 26 Access to Intracoastal Waterway 27 Policy A-1.5 Beach Access Study 28 Policy C-6.1 Veterans Park 28 Policy C-6.2 Boardwalk under Atlantic Avenue Bridge 28 Policy C-6.5 Marinas and Mooring along Intracoastal 30 FUTURE LAND USE ELEMENT 30 Undeveloped Residential Land 30 Figure L-4 Map of Residential Land 32 Table L-3 Ongoing Developments 33 Table L-4 Available Land 34 Policy A-S.6 Requirements re "Findings of Consistency" 34 Policy A-5.12 Old School Square Historic Arts District 35 Policy A-5.15 Light Industrial Zone District 35 Policy B-1.1 Southwest Fire Station and Park Needs 35 Policy B-1.2 Rezoning in Wellfield 20 36 Policy B-1.3 Acquisition of Western Wellfield Rights 36 Policy B-1.4 Dedication of Rights-of-Way and Easements for Facility Needs 36 Policy B-2.3 Certification of Concurrency 37 Policy B-3.3b Coordination with County re Land Use 37 Policy C-2.7 Silver Terrace Redevelopment Area 38 Policy C-3.5 Government Complex 38 Policy C-3.6 Tennis Center 39 Policy C-4.8 Pineapple Grove Neighborhood Plan 40 Policy D-2.4 Spady Entry 40 Policy D-2.6 Carver Task Force 41 Policy D-3.4 S.W. 10th Street Improvements 41 Policy D-3.5 School Funding Commitment 41 Table L-6 Land Use Designation/Zoning Matrix 11 '. .. PAGE 44 CAPITAL IMPROVEMENT ELEMENT 44 Public Education and Health Systems 45 Controllable Revenue Sources 46 Enterprise Funds 46 Policy A-2.3 Capital Equipment Set-Aside 47 Policy A-2.3a Facility Repair and Maintenance Set- Aside 47 Policy A-2.3b Facility Replacement Set-Aside 47 Policy A-2.4 Capital Budget Set-Asides 50 INTERGOVERNMENTAL COORDINATION ELEMENT 50 City/County Joint Participation 51 REQUIREMENTS FOR CAPITAL IMPROVEMENT IMPLEMENTATION 51 S.E./S.W. 10th Street Improvement 51 Table IV-3 Five Year Capital Improvement Schedule SUPPORT DOCUMENTS APPENDIX 1 Water Supply and Wellfield Protection 2 Light Industrial Zone District 3 Beach Access Study for the Municipal Beach 4 Municipal Cemetery Improvements 5 Compliance with Americans with Disabilities Act 6 George Bush Boulevard and Palm Trail Improvement Program 7 Pompey Park Pool Replacement 8 Potential for a Boardwalk Under the Atlantic Avenue Bridge 9 Old School Square Historic Arts District Amendments 10 Request for City Review of County Applications 11 School Site "S" Participation 12 s. W. 10th Avenue Extension Project 13 Golf Course Clubhouse Replacement . 111 T:\Advanced\TableC '. '. , STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 740 CENTERVIEW DR I V E . TALLAHASSEE, FLORIDA )2)99·2100 LAWTON CHilES LINDA LOOMIS SHELLEY Govrrnor SKrrl~,., July 16, þ~!EJr¡! The Honorable Thomas E. Lynch JUL 21 199$ 7!lJ Mayor of Delray Beach PLANNING & City of Delray Beach 100 Northwest First Avenue ZONING Delray Beach, Florida 33444 Dear Mayor Lynch: The Department has completed its review of the proposed Comprehensive Plan Amendment (DCA No. 93-1) for the City of Delray Beach which was submitted on March 26, 1993. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendment for consistency with Rule 9J-S, Florida Administrative Code, Chapter. 163, Part II, Florida statutes, and the adopted City of Delray Beach Comprehensive Plan. The Department raises two objections to the proposed amendment, and this letter serves as the Depart- ment's Objections, Recommendations and Comments Report. The Department supports the City's desire to plan for expected annexation areas; however, the Department has noted a technical concern with Policy B-3.3b. The last sentence of POlicy B-3.3b is to exempt annexed properties from the compre- hensive plan amendment process., This provision would allow the City's plan to be self-amending at the time the parcel of land is annexed, without the requisite public hearings and Department review which is inconsistent with Rules 9J-S.004, 9J-S.OOS(2) (a), 9J-S.OOS(6), and 9J-S.OOS(8), F.A.C., Sections 163.3184 and 163.3187, F.S. The Department recommends that the last sentence of POlicy B-3.3b be stricken from the policy. EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVElOPMENT · RESOURCE PLANNING AND MANAGEMENT '. The Honorable Thomas E. Lynch July 16, 1993 Page" Two The Department advises the City, that if it wishes to change the use of land for an annexed parcel, a plan amendment must be submitted to adopt a new land use designation. The City's Future Land Use Map must be also be amended to reflect changes to the City's jurisdictional boundaries from annexations. However, if the city wishes to establish an agreement with the County to exercise joint power over lands which the City anticipates it will annex, an agreement should be developed with the County consistent with the joint-exercise of power contemplated by Sections 163.01 and 163.3171, F.S. The Department has also noted that the city proposes to delete from POlicy B-3.1 its commitment to reduce water consump- tion by lOt. This deletion will remove the measurable standard from the Policy. This deletion is inconsistent with Rules 9J- S.003(68), 9J-S.00S(6), and 9J-S.013(3) {c)l., F.A.C. The city should continue to include a specific measurable standard in the policy which can be used to evaluate how well the City has met its commitment to reduce water consumption. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-ll.010, Florida Administrative Code. Upon receipt of this letter, the City of Delray Beach has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendments. The process for adoption of local comprehensive plan amendments is outlined in 5.163.3184, Florida Statutes, and Rule 9J-11.011, Florida Admini- strative Code. Within ten working days of the date of adoption, the City of Delray Beach must submit the following to the Department: Five copies of the adopted comprehensive plan amendment: A copy of the adoption ordinance: A listing of additional changes not previously reviewed: A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. '. ,. The Honorable Thomas E. Lynch July 16, 1993 Page Three The above amendments and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to the provisions of Chapter 92- 129, Laws of Florida, please provide a copy of the adopted amend- ment directly to the Executive Director of the Treasure Coast Regional Planning Council. The Environmental Land Management study (ELMS) II legisla- tion became effective on July 1,1993 and has changed how local governments transmit amendments: how amendments are processed and reviewed: and when amendments become effective. Rule 9J-11, F.A.C. which is the procedural rule to help guide the process, has not been formally adopted, however, the Department will generally follow the procedures outlined in the draft rule. A copy of the proposed changes to 9J-11, P.A.C. is enclosed for your review. If you have any questions, please contact Maria Abadal, Plan Review Administrator, Suzanne Bellamy Woodcock, Planning Manager, or David Dahlstrom, Planner IV, at (904) 487-4545. Sincerely, µ4 r£~~ Robert Pennock, Chief Bureau of Local Planning RP/ddw Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: David Kovacs, Director of Planning Daniel M. Cary, Executive Director, Treasure Coast Regional Planning Council . '. .. I PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID J. KOVACS, DIRECTOR ~ tfl tU~ FROM: JOHN WALKER, PROJECT COORDINATOR, DATE: JULY 22, 1993 SUBJECT: COMPREHENSIVE PLAN AMENDMENT 93-1 - ORC REPORT On July 21, we received the report of Objections, Recommendations, and Comments from Florida Department of Community Affairs (DCA) for Plan Amendment 93-I. DCA raised only two minor objections to the Amendment. Other review agencies had no objections and no adverse comments. The objections raised by DCA were specific in nature and referenced specific policies. I believe that we can make changes to the policies to overcome DCA's objections without compromising the intent of our amendment. Analysis of the objections and recommended solutions follow. Future Land Use Element, Policy B-3.3b Policy B-3.3b Upon execution of such an agreement, the County shall amend its zoning code to provide, at a minimum, for pre-application review and comment, by the City, of County development applications. However, it is the intent of this effort to effect a transfer of power to the City for land use, zoning, building, and code enforcement functions. AIafiS Finally, upon execution of such an agreement, property may annex to the City and development may proceed without the necessity of amendment to the City's Comprehensive Plan~ ptiStldéd tKát tKé dé1éItSp_érit laf déé_éd étSriaflaftérit wltK It' DCA objects to the proposed change in this policy and states that, as written, the proposed policy would make the City's Comprehensive Plan self-amending at the time a parcel of land is annexed. This concerns DCA since it may side step the public hearing and review process. DCA recommends that we strike the last sentence of the proposed policy. The City, in proposing a change to the policy, did not intend to eliminate the review process for annexed property. It was our intent to simplify the process by making the County and City Land Use Plans identical in the City's Planning and Service Area. To accomplish this, the County Comprehensive Plan would be amended with the benefit of public hearings and DCA review. '. '. David J. Kovacs Comprehensive Plan Amendment 93-1 - ORC Report Page 2 In ,reviewing the proposed policy in light of DCA's concerns, it does appear that the intent of the policy as written could be misconstrued. Since the transmittal of Plan Amendment 93-l, further revisions to Policy B-3.3b have been proposed in Amendment 93-2 (copy attached). The policy as proposed in 93-2 should eliminate DCA's objections. Therefore, I recommended that we withdraw the proposed revision to Policy B-3.3b contained in Plan Amendment 93-1. . Public Facilities Element - Policy B-3.1 policy B-3.1 Wlt*lri ørié ýéát tølløwlri~ á~øptløri øt t*é eømpté*éri~lié Pláril t*é øiétáll The City shall maintain its program of responsible consumption of water (per capita basis) ~*áll )sé ~éttéá~é~ )Sf IØ. through continued implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). · é~tá)sll~Kmérit øt á ~lttétéritlál maintaining its water rate structure which sets a hiqher uniform )sá~é rate for ¡( ~lýéri consumption and decreases customer capacity charqes in order to promote reductions in water consumption ári lrittéá~lJl~ táté tøt lrittémérit~ á)Søié t*é )sá~é as well as establishment of conservation surcharges, based on South Florida Water Manaqement District formulae, and keyed to various levels of drouqht alert; · mandatory use of wells for irrigation purposes where conditions permit [LDR Section 7.7]; · enhanced enforcement of water use laws; · requirements for xeriscape landscaping alternatives to be considered for all new development during the review of site and development plans [LDR Section 4.6.16 (E)]; and · continuation of the regular preventive maintenance program for water mains, pumps and meters (see related Policy C-4.3) DCA raised an objection to only one portion of this proposed change; the elimination of the specific target to reduce water consumption by 10%. Rule 9J-5 requires that such policies contain measurable targets. '. David J. Kovacs I Comprehensive Plan Amendment 93-1 - ORC Report Page 3 While I could not verify all of DCA's references to sections of 9J-S (I think there was a typo), I do agree that we went too far by eliminating the target. To overcome the objection, I recommend that the policy be further changed as shown below. In addition, the City should perform a detailed analysis of water consumption in the Evaluation and Appraisal Report, if not sooner. That analysis should address the need for further reduction in water consumption and, if needed, project new targets for reduction. Based on such an analysis, appropriate policy changes can be proposed. Policy B-3.1 Wlt~l~ ø~é té~t tølløwl~, ~døptlø~ øt t~é ~ø~pté~é~~lié PI~~I t~é øiét~ll The City shall maintain its program of responsible consumption of water (per capita basis) and shall decrease the overall per capita consumption of water by 10% from 1989 levels ~~~ZZ ~é détté~~éd ~t ZØ¡ through continued implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). I have discussed these recommendations in general with David Dahlstrom at DCA, who finds them acceptable. Please give me your comments. T:\advanced\ORC1.DOC '. '. r- '15--/ Polley B-2.3 As a part of the City's Concurrency ::J Manaqement System, pPrior to issuance of any certificate of occupancy, the Chief Building Official or a designee shall certify that concurrency is achieved. '1' K .!It t~t'l.ltIt4'1.lc6ri ~KáZZ ~é Iri wtl'l.ln~ áriGl ~K4ZZ ~~ 4ttlxéGl '1.16 'l.Ké ~éttltItáté c6t Øtt~páritt' [LDR Section 2.4.6(c)] . This requirement has been formally included in Comment: the Land Development Regulations. However, it should remain as a maintenance policy. The appropriate reference to the LDRs is provided. 13. Location: Pg. III-G-25, Policy B-3.3b Policy B-3.3b Upon execution of such an agreement, the County shall amend its zoning code to provide for pre-application review and comment, by the City, of County development applications. Also, upon execution of such an agreement, property may annex to the City and development may proceed without the necessity of amendment to the City's Comprehensive Plan provided that the development is deemed consistent with it. Change: REVISION h,¿/· Policy B-3. 3b Upon execution of . such an ~ ~-~~ agreement, the County shall amend its zoning code Ý .;' -~Q provide, at. a minimum, for pre-application / /;.J- /0 7~réview and comment, by the City, of County . ~~ ..t ;1- development applications. However , it is the y.-J- / ~ {t vC / intent of this effort to effect a transfer of _ ~~ ~~~A~ power to the City for land use, zoning, building, P/ . j' /~ ' and code enforcement functions. AZéc6 Finally, ~~ ~ q5/' upon execution of such an agreement, property may .J~ ~ annex to the City and development may proceed , /,~~..r' without the necessity of amendment to the City's ~ Comprehensive Plan~ ptc6ilGléGl 'l.K4'1. 'l.Ké GI~iéZc6pméri'l. lé.d8éméGl tc6ri~l~téri'l. wl'l.K I'l.' Comment: Policy B-3.3b is up-dated to reflect the current status- of this project. Please refer to Support Document , 10 which includes the letter to the County requesting the delegation of authority. 14. Location: Pg. III-G-30, Policy C-2.7 Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which is zoned RH and contains some mixed use.... 37 '. . O continue to be pursued. the lead agency shall be the Environmental Services Department working in conjunction with the City Attorney. funding shall be from water and sewer connection fees. Change: DELETION Comment: Acquisition of rights has occurred through . execution of an interlocal agreement with Palm 8each County. Also, see FLUE Policy 8-1.3. See support document # 1 (Water Supply and Wellfield Protection). 9. Location: Pg. 111-8-26, Policy 8-3.1 Policy 8-3.1 Within one year following adoption of the Comprehensive Plan, the overall City consumption of water (per capita basis) shall be decreased by 10\ through implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). · establishment of· a differential water rate which sets a base rate for a given consumption and an increasing rate for increments above the base; C:) . mandatory use of wells for irrigation ':.:.' purposes where condi tions permi t; · enhanced enforcement of water use laws; · requirements for xeriscape landscaping alternatives to be considered for all new development during the review of site and development plans; and · continuation of the regular preventive maintenance program for water mains, pumps and meters (see related Policy C-4.3) Change: REVISION . Policy 8-3.1 WltXlri øri~ 1~4t tølløwlri~ 4~øptløri øt tX~ ~ømpt~~~ñ~l~~ P14ril tX' øi~t411 The City shall maintain its proqram of responsible &.~ /~I ,,~ L consumption of water (per capita basis) ~~411 kSé , ~ ~éitéá~é~ kS1 lal through continued implementation .~ c:..<~¿"-~~/ ~f the following techni.ques and programs: (Also ~7 /¡JZ ¡L-- /ffif A~ se.e Object;ive A-4 of the Conservation Element). . é~tákSII~xmérit øt 4 ~ltt~t~ritI41S maintaining <~. its water rate structure which sets a higher "0) uniform kSá~~ rate for 4 ~l~~ri consumption and decreases customer capacity charqes in 11 '. ,. order to promote reductions in water ,:) consumption Âri lritteÂ.Uri!1t tAté tøt lritté5ñériti .nSiSié t)ié ~Âitf as well as establishment of conservation surcharqes, based on South Florida Water Manaqement District formulae, and keyed to various levels of drouqht alert; . · mandatory use of we 11 s . for irrigation purposes where conditions permit [LDR Section 7.7]; · enhanced enforcement of water use laws; · requirements for xeriscape landscaping alternatives to be considered for all new development during the review of site and development plans [LDR Section 4.6.16 (E)]; and · continuation of the regular preventive maintenance program for water mains, pumps and meters (see related Policy C-4.3) Comment: As part 0 f the budget process, the City adopted new rates for water and sewer. These rates promote water conservation by shifting some of the "fixed" costs into consumption cost, resulting in significantly higher costs - for higher consumption and, effectively, differential rates, based on consumption. In addition, the City is completing a conservation plan for water use in concert with South Florida Water Management District (SFWMD) . This plan will include conservation surcharges based on SFWMD formulae which will take effect at various levels of drought alert as declared by SFWMD. The overall goal to reduce water consumption is being met, in-part, through the above activities and, in-part, through other conservation measures. While still short of the goal of 10' reduction, per capita consumption has been reduced. The per capita consumption at the time of Plan adoption (November, 1989) was 196 g/p/d. In January, 1993, the consumption was 190 g/p/d. A reduction of 3.1' has been achieved. The other requirements have been formally adopted in the City's Land Development Regulations. 10. Location: Pg. I1I-B-27, Policy 8-4.2 Policy 8-4.2 Expansion of the land area covered under the Palm Beach County Wellfield Protection Ordinance shall be accomplished through the 12 '. '. ~ 9'1-l. 3. Location: Pg. III-G-25, Policy B-3.2 Policy B-3.2 Facilities shall be provided to unincorporated areas, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of services. Change: REVISION Policy B-3.2 Water and sewer '!acilities shall be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case annexation shall precede the provision of services. Comment: See Support Document 12 (Planning Area Jurisdiction). 4 . Location: Pg. III-G-25, Policy B-3.3a policy B-3.3a The City has petitioned Palm Beach County for establishment of an intergovernmental agreement through which the City's Future Land Use Map will be the Official Land Use Map for unincorporated land within the City's Planning Area. Change: REVISION Policy B-3.3a The City has petitioned Palm Beach County to make chanqes to its Future Land Use Map (FLUM) in order for there to be consistency between City and County FLUM desiqnations within the Delray Beach Planninq and Service Area.tøt éøtÁ~llø)úáéñt øt áñ lñtét~ø1étñméñtÁl á~tééR'téñt tKtø~~K wKItK tKé ~Ittl_ '~tøté t~ñd ~_é M~p wIll ~é tKé øttItIáZ ZáñQl ~øé R'tÁp tøt ~ñIñtØtpøtátéQl lÁñd wl~KIñ tXé ~Ittl_ PZáññIñ~ ~ñQl Sétilté Até~' Once consistency is achieved, the City shall petition for an interlocal aqreement wherein provisions shall be made that the City's FLUM desiqnation shall be in effect immediately upon annexation of a specific parcel. Comment: See Support Document 12 (Planning Area Jurisdiction). Page 5 '. -. II II 5. Location,: Pg. III-G-25, Policy B-3.3b II Policy B-3. 3b Upon execution of such an agreement, the County shall amend its zoning code to provide, at a minimum, for pre-application review and comment, by the City, of County II develópment applications. However, it is the intent of this effort to effect a transfer of power to the City for land use, zoning, building, II and code enforcement functions. Finally, upon execution of such an agreement, property may annex to the City and development may proceed · without the necessity of amendment to the City's Comprehensive Plan. Change: REVISION · Policy B-3.3b \1pøri étét1dtlØri Øf, Jf1dtK ári áçtéé~éritl tXé ~ø1dritt sXáZZ á~éri~ Its tørilriç tø~é · tø ptØ'¡IrJ.é/át å ~lril~1d~1 ' fØt pté-l-åppZltátløri të'¡lé... årirJ. tø~éritl "Ðt tMé ~lttl øf ~ø1dritt ~é'¡éZøp~érit åppZltátløriJf/ KØ...é'¡étl It. IJf t.Mé · lritérit øt tKllf éttØtt t.ø éttétt. å t.tåriJftét øt pøwét t.ø tX~ ~ltt tøt Zåri~ 1dJfél tØrilri,I »1dIZ~lri,1 árid tørJ.é éritøttéll\érit t1drittløriJf/ FlriáZZtl 1dpØri étét1dtløri øt lf1dtK åri å~téé~éritl ptØpéttt ~át · åririét tø tKé flltt ári~ ~é'¡éZØp~érit ~åt ptøtéé~ wltKø1dt tKé riétélflfltt øf á~éri~érit. tø tKé ~ltt's flØ~ptéKériJfI'¡é PZåri/ For purposes of implementing · Policy B-3.3a, the Future Land Use Map designations as initially contained on the City's Future Land Use Map upon adoption in November, II 1989, ( and as formally amended subsequently) are hereby deemed to be the Future Land Use Map designations for the territory subject to provisions of the interlocal agreement. · 6. Location: Pg. III-G-26, Policy B-3.4 II Policy 8-3.4 The City shall during FY 92/93, if not sooner, through its Department of Planning and Zoning implement the following program for II the annexation of eligible properties: · preparation of an "urban services annexation report" as required by Annexation Stat'utes · for each of the nine designated annexation areas,; · identification of each parcel which is · . obligated to annexation through a water service (annexation) agreement; · contact with each owner of other parcels · within the annexation area to see if they will voluntarily participate in the proposed annexation; II Page 6 '. '. 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~ FROM: CITY MANAGER tft I SUBJECT: AGENDA ITEM # : D E: - MEETING OF SEPTEMBER 14. 1993 ORDINANCE NO. 50-93 DATE: September 10, 1993 This is the second reading of an ordinance rezoning land presently zoned RM (Medium Density Residential) to PRD (Planned Residential Development)¡ said land being a portion of Tracts A and B, Lago Del Rey and a portion of the Plat of Lago Del Rey, Plat II A. The subject property is located on the west end of Casa Way, south of the Clearbrook Subdivision and west of Lago Del Rey North and contains a 3.4 acre vacant parcel of land. The property is a residual parcel of an overall condominium development and has previously been approved and vested for two 14-unit multiple family buildings. The development proposal is to construct 14 zero lot line homes with a passive park on this site. The new development will function as a part of the Clearbrook Subdivision with respect to access, use and maintenance of common areas, and will have similar model types. The rezoning request from RM to PRD for this property is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. It is anticipated that there will be no negative impacts on the surrounding properties. At their August 16th meeting the Planning and Zoning Board recommended approval. A detailed staff report is attached as backup material for this item. At the August 24th regular meeting, Ordinance No. 50-93 passed on first reading by a 5-0 vote. Recommend approval of Ordinance No. 50-93 on second and final reading. .. ,. --, _.~ '._..',~ ~-_._---._.. _'._~._,~._.~.~__.____..__. _A__,.___·____·__,_. ____ "----__~_ -- "'~~- --'.-.. --_.__._~,- -- ."'..--. - ORDINANCE NO. 50-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE PRD (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT; SAID LAND BEING A PORTION OF TRACTS A AND B, LAGO DEL REY, AND A PORTION OF THE PLAT OF LAGO DEL REY, PLAT II A, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section l. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the PRD (Planned Residential Development) District, as defined in Chapter Four at Section 4.4.7 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: Parcel 1: A portion of the plat of LA GO DEL REY, PLAT II A, recorded in Plat Book 39, Page 170, of the Public Records of Palm Beach County, Florida, lying in the West 1/2 of the Northwest 1/4 of Section 19, Township 46 South, Range 43 East, Palm Beach County, Florida, as more particularly described as follows: Beginning at the Northwest corner of the plat of LAGO DEL REY, PLAT II A, run South 00 degrees 06'54" East along the West line of said plat a distance of 259.02 feet; thence, run East a distance of 271.99 fee t ; thence run North 53 degrees 38'51" East a distance of 67.52 feet; thence run North 36 degrees 21'09" West a distance of 31.00 feet; thence run North a distance of 194.03 feet to the North line of said plat; thence run West along said North line a distance of 308.51 feet to the Point of Beginning; AND Parcel 2: A portion of Tracts A and B, LAGO DEL REY, recorded in Plat Book 30, Page 69, and a portion of the plat of LA GO DEL REY, PLAT II A, recorded in Plat Book 39, Page 170, both being recorded in the Public Records i of Palm Beach County, Florida, and being more I particularly described as follows: , I .. " --. ~--_.- -- Beginning at the Northwest corner of Tract B, LAGO DEL REY, run on a-bearing of South 00 degrees 06'54" East along the West line of said Tract B a distance of 114.l3. feet; thence run East a distance of 182.51 fee t; thence run North a distance of 104.36 feet; thence run North 22 degrees 09'19" East a distance of 235.56 fee t; thence run West a distance of 271.99 feet; thence run South 00 degrees 06'54" East a distance Of 208.40 feet to the Point of Beginning. The subject property is located on the west end of Casa Way, south of the Clearbrook Subdivision and west of Lago Del Rey North and contains a 3.4 acre parcel of land, more or less. Section 2. That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances which are in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 14th day of September , 1993. ~£~ ATTEST: / M A Y¿!Y R f;~cJ~ Acting City Clerk First Reading August 24, 1993 ~ond Reading September 14, 1993 I - 2 - Ord. No. 50-93 ¡ ,. '. ~-4: n~ -.-, - - ...L 1 r-' V - Á '111 ~ lilT JiM CF ~ / ~ Jhr ~~§ ';-~.d , I : rt v¡;¡ - ~ ..ø ~~,~I N: Df 0 = , fl.."e (\ -- _ _I-" I J I r lði\\. <tf ~ ~;~~~ y ,;>Y ...... ";. iL..- ., ,~ __~ - ~( 1~ ) 'f/~, }- '- -- _ ~- _ ~ t-- -- - i- ~ t-- t:»D' ~ -..- - ~ t-- C 7jl:~ h \ -~ _ J ~ I- ...., ~ ~ - ....~ - - ( ~ ~ í / ~ :: ,Jy : ~ := 0 l r I::: R-1* I- - y"" \-" t-- < I "', ~.- F=~ t-- ~ I ~ V I I "- I--- --~ I __ ~ '-/:l7 t-- ~ ¿ ~ - ~l I II - t-- r/';, '- y...-. V<J : : Ç. 1 '-I_t-- ,~? ~ ........ \- - '\~ ,..... ... ~ A( 1= ~ ....... ~ 0 S I ¡t::- :,...~ '" IJ \ t)CC . l- i 1 ~ t: :: ~// E r I ~ t: µ¿ ~ -- ~ - f- .,..:,,.. ~ -- ~ ~ ¿ ~ / .~~ ,~ "\ .Ð' Ji ~ ~~~ / I ./ ~I- '¿Ø "';::: ç: ~ - ~ .... ATl'- I '- - - ~ 'i ....., -4 1IJr ~~ f' ~ /1 I I I I I T ~ J ~M '- j{ ~J(-\ ~r.-J _ ,l ~i'l --- -... T '\. I I I , I BOULEVARD LOWSON BOULEVARD I II - T - 3~SJ: J - ? R -1- ~, A- B --- - )-= r-- i--- I I RM l. , I-?- - I~ r. , J j -~~~ ... ' -, CLEARBROOK ADDITION ~ ..A11T I REZONING FRO" R" TO PRD I I I I :Il..r '. " - ~' . c/7''-' ' C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER TijRU: ~)D~~ DEPARTMEN OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF AUGUST 24, 1993 FIRST READING OF ORDINANCE NO. 50-93 - REZONING PROPERTY ON THE WEST END OF LAGO DEL REY NORTH FROM RM (MEDIUM DENSITY RESIDENTIAL) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a residual portion of Lago Del Rey North from RM to PRD. The purpose of this rezoning is to accommodate an extension of the Clearbrook Subdivision into this area. The subject property is located at the west end of Casa Way, between Homewood Boulevard and the E-3 1/2 Canal. In a separate action, a modification to the Clearbrook Master Development Plan (MDP) has been acted on by the Planning and Zoning Board. BACKGROUND: The subject property is the west 3.4 acres of the original Lago Del Rey Phase II-A (Lago Del Rey North) and is currently vacant. The property is a residual parcel of an overall condominium development and had previously been approved and vested for two 14-unit multiple family buildings (28 units total). The developers of Clearbrook wish to expand that PRD onto this vacant area. Their development proposal involves the creation of fourteen (14) zero lot line sites. Please refer to the attached Planning and Zoning Board staff report for the analysis of the request. '. '. City Commission Documentation Meeting of August 24, 1993 First Reading of Ordinance No. 50-92 - Rezoning Property From RM to PC (West Portion of Lago Del Rey North) Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of August 16, 1993, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony, other than general support, regarding the proposed rezoning. The Board voted (5-0) to recommend approval of the Rezoning request. In a separate action, the Board acted on the Master Development Plan modification. There was discussion and public comment regarding that action. RECOMMENDED ACTION: By motion, approval of Ordinance No. 50-93 on First Reading setting a public hearing date of September 14th. Attachments: * P & Z Board Staff Report & Documentation of August 16, 1993 * Copy of Ordinance No. 50-93 -r: CCRELAGO. DOC '. ,. PLANNING ANU L.UNINu tsUAKU CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: August 16, 1993 AGENDA ITEM: IILA. ITEM: Rezoning from RM to PRD of a Portion of 18go Del Rey =f-I II " I ,,-J t'ti Ir ~ "-.) I I ~ ¡..::.. /r-r- ~ - R 7 I L f- - i'~i c:±::: I I I- fl__ '- H ".p:;, I , f= r\1oJ,..cfTJ I I I r I...~ - , r .,.,. E - -I.-L- J I \ \. ~ .\ J ~ '- l~ U J I II II -U -II ) }-- -~i ;... [] J T III It:: -\......J_ >-L " _ f-- '-~,. - 1'- _ .... III ilIILW Ie: __ ~ ---,. v ..... - ~ ~ ~ - I -- - - ~ /!" ) :: ~ ~~ ",q /' I 1/ J =_ ~ .J ~ ç:~./ -I- 11r- N =~ f- ..-. ~ Þ- - ~ ^ ~ ~ ~ I--~ AY /"II-- _ I I I T J I- GENERAL DATA: Owner....................Alvin M. Kendis, Co-Trustee c/o Grahams, Anton, Robbins, et. al. Contract Purchaser.......The Guardian Construction Company Agent....................Donaldson Hearing Cotleur Hearing, Inc. Location.................On the west end of Casa Way, south of the Clearbrook development and west of Lago Del Rey North. Property Size............J.4 acres . City Land Use Plan.......Medium Density (5-12 du/acre) Existing zoning..........RM (Medium Density Residential) Proposed Zoning..........PRD (Planned Residential Development) Adjacent Zoning...North: PRD East: RM South: RM West: OS (Open Space) Existing Land Use........Vacant land. Proposed Land Use........Rezoning from RM to PRD to accommodate an addition to the Clearbrook Subdivision to accommodate 14 zero lot line homes. Water & Sewer Service....Existing water and sewer mains are located along the west side of the subject property. The mains will be relocated within the right-of-way of III.A. the proposed street. '. ,. I T E M B E FOR E THE BOA R D : The action before the Board is that of making a recommendation on a rezoning request from RM (Medium Density Residential) to PRD (Planned Residential Development.). This rezoning is being sought in order to allow for the construction of 14 zero lot line, single family dwellings, which will be integrated into the'Clearbrook Subdivision immediately to the north. The subject property is located at the west end of Cas a Way, between Homewood Boulevard and the E-3 1/2 Canal. The property contains approximately 3.4 acres. A modification of the Clearbrook Master Plan is being processed concurrently with the Rezoning and is discussed in a separate Staff Report. B A C K G R 0 U N D : The subject property is the west 3.4 acres of the original Lago Del Rey Phase II-A (Lago Del Rey North) and is currently vacant. The property is a residual parcel of an overall condominium development and had previously been approved and vested for two 14-unit multiple family buildings (28 units total), along with associated parking. On July 2, 1993, a rezoning and master plan modification request were submitted for this property to accommodate 14 zero lot line homes to be incorporated into the Clearbrook development. The Lago Del Rey development has an extensive land use history. The following is a brief history as it relates to both Lago Del Rey and the Clearbrook Subdivision (aka Hidden Lake). Laqo Del Rey: Originally, the Lago Del Rey development contained 108 acres and was bounded by Atlantic Avenue on the north; Lowson Boulevard on the south; Homewood Boulevard on the east; and Dover Road on the west. On October 24, 1912, the City Commission approved a site plan for Lago Del Rey which included 1,200 apartment units. The parcel was subsequently subdivided to accommodate development in three (3) phases; Phase I, Phase II-A and Phase II-B. On July 23, 1973, the City Commission approved the final plat for Phase I (Lago Del Rey). In 1971, the north 36 acres (portion of Phase II-B) were sold off and has since been developed as the Homewood Lakes subdivision. In 1918, modifications were approved for Phase II-A and Phase II-B, which reduced the number of proposed units from 310 to 248 [122 units for Phase II-A (Lago Del Rey North) and 126 units for Phase II-B]. '. .. P & Z Board Staff Report Rezoning from RM to PRO for Clearbrook Subdivision Addition Page 2 On January 14, 1980, the City Commission approved the final plat for Phase II-A (Lago Del Rey North) . In 1981, condominium documents were recorded in the public records which created individual parc~ls for each building and associations for each parcel. Thus, individual ownerships were created without processing a plat. Both Phase I (Lago Del Rey) and Phase II-A (Lago Del Rey North) have been developed pursuant to the approved site plan (less the west 3.4 acres). Clearbrook (Hidden Lake): On August 23, 1988, the City Commission granted approval of a rezoning request from RM-IO to PRO-7 to accommodate a single family, zero lot line development (73 homes) known as Hidden Lake (formerly Lago Del Rey Phase II-B). Also, at that meeting the City Commission approved the site plan for Hidden Lake. On April 11, 1989, the City Commission approved the final plat for Hidden Lake. With the Citywide rezoning in 1990, the property was rezoned from PRD-7 to PRO . The Hiddèn Lake project was taken over by Guardian Construction Corporation in 1990. The development's name was changed to Clearbrook. On February 25, 1991, the Planning and zoning Board approved a request for minor site plan modification for Clearbrook. The modification allowed the side building setbacks for individual homes to be reduced from 15' to 10' . Clearbrook is 60' built-out (43 of the 72 lots have homes) . PRO J E C T DES C RIP T ION : The development proposal involves the expansion of the Clearbrook Subdivision by adding 3.4 acres. Within the expanded area fourteen (14) zero lot line, single family units and a passive park are proposed. Also, the west side of the existing lake will be expanded by 10,160 sq. ft. The new development will function as a part of the Clearbrook Subdivision with respect to access, use and maintenance of common areas, and will have similar model types. As previously stated, per the approved Lago Del Rey site plan 28 multiple family units could be constructed on the property. The following analysis compares the impacts of the 28 multiple family units with the proposed 14 zero lot line homes. Z 0 N I N G A N A L Y S IS: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Fi~dings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. '. P & Z Board Staff Report Rezoning from RM to PRD for Clearbrook Subdivision Addition Page 3 This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by. the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: I The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Medium Density Residential (5-12 u/a) land use plan designation and is currently zoned RM (Medium Density Residential). The proposed zoning of PRO (Planned Residential Development) is consistent with the Medium Density Residential Land Use Plan Designation. The Medium Density Residential land use plan designation is applied to land which is to be developed at a density between 5 and 12 uni ts per acre. The proposed development density is 4 units per acre. A lower density than allowed is not considered to be an inconsistency. Based upon the above, a positive finding with respect to consistency with the land use plan designation can be made. I Concurrency: I 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. Water and Sewer: Existing 8" water and sewer mains are located along the north and west sides of the subject property. Preliminary engineering plans were submitted indicating that the existing mains will be removed and relocated within the right-of-way of the proposed street. The plans also show fire hydrants every 500'. The rezoning from multiple family units to single family dwellings will not generate an increase in water demand. Also, there will not be an increase in the volume of sewage generated from the change to single family units. Further, there is adequate capacity to handle the water demand and sewage generated from this development. '. ,. P & Z Board Staff Report Rezoning from RM to PRO for Clearbrook Subdivision Addition Page 4 Drainaqe: The preliminary engineering plans indicate that drainage from the new area will flow easterly to the lake via storm drains within the road right-of-way. Lake Worth Drainage District permits will need to be modified accordingly to reflect the proposed' development. The rezoning will have no impacts on drainage as it relates to concurrency. Streets and Traffic: A traffic impact study was submitted with the rezoning request. The study indicated that the previously vested multiple family (condominium) units would have generated 196 average daily trips and the proposed 14 single family units will generate 140 average daily trips, for a net reduction of 56 trips. The traffic generated by this development will not have an adverse impact on the level of service standards along Homewood Boulevard or the surrounding roadway network. Parks and Open Space: The rezoning from RM to PRO will not create additional demand on the park and recreation facilities within the City. Pursuant to the Open Space and Recreation Element of the Comprehensive Plan, there is currently a deficiency of neighborhood parks within the southwest portion of the City. However, this deficiency will be corrected with the proposed park in the area of Blood's Grove. Pursuant to LDR Section 5.3.2(C)(1), whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in-lieu fee will be collected and used to provide public park facilities. Solid Waste: The zoning change from RM to PRD does not significantly affect the demand on existing solid waste facilities. The trash generated by the proposed 14 zero lot line units will generate a total of 19.04 pounds per day (1.36 lbs./day X 14) . The previously approved multiple family units would generate 26.88 pounds per day (.96 1bs./day X 28 units). Overall, there is a net reduction of 7.84 pounds per day. The trash generated can be accommodated by the existing facilities. I Consistency: I 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 objective. and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. .. '. P & Z Board Staff Report Rezoning from RM to PRD for Clearbrook Subdivision Addition page 5 Section 3.3.2 (standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That a rezoning to other than CF within a stable residential area be denied. (Housing Element A-2.4) The subject property is located within a stable residential area, and is zoned residential with site plan approval to construct two (2) 14 unit condominium structures. Pursuant to Policy A-2.4, properties indicated as stable residential areas on the Housing Map, should have the most restrictive residential zoning district applicable affixed to the property. The PRD zone district is more restrictive than the RM, and is more appropriate with respect to the proposed development. The proposed use should not have a detrimental effect on the stability of the neighborhood. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to property mitigate adverse impacts from the new use. North of the property is zoned PRD (Clearbrook Subdivision); south and east are zoned RM (Lago Del Reyand Lago Del Rey North condominiums respectively); and west is zoned OS ( Open Space) (Hamlet golf course). The proposed development is consistent and compatible with the surrounding land uses and should not create any adverse impacts. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.S(D)(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. The.e 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 circumstance. 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 Board Staff Report Rezoning from RM to PRD for Clearbrook Subdivision Addition Page 6 The applicant has submitted a justification statement which states the following: "The peti ti-on is a request to amend the existing RM zoning designation on the subject property to PRD and is consistent with Item C above. The subject property is currently approved for 28 mUlti-family condominium dwelling units which equates to a density of 8.2 d.u. per acre. The subject property is contiguous to the Clearbrook at Delray PUD to the north. The Clearbrook property maintains a PRD zoning with a density suffix of 7; the actual density is just above 5 d.u. per acre. This request is of similar intensity as allowed under the Future Land Use Map. It is intended that the subject parcel be added to the plat of Clearbrook at Delray, aka Hidden Lake. The addition of this property is a logical extension of the Clearbrook development and is a good alternative development scheme to the previously proposed condominium. It is highly unlikely that this property would be developed as a multi-family development scheme, thus the re-zoning to PRD will allow for the infill and completion of the development for this property." Comment: The justification statement addresses Item C as the basis for which the rezoning should be granted. The single family homes are of similar intensity, if not less intense, as allowed under the Medium Density Residential land use plan designation, and is more appropriate for the property based upon circumstances and the character of the surrounding neighborhood. A review of the objectivel and policiel of the adopted Comprehenlive Plan wal conducted and the following applicable objectivel are noted. Land Ule Element Objective A-I - Vacant property lhall be developed in a manner 10 that the future ule and intenlity is appropriate and complies in terms of loil, topographic, and other applicable physical considerations, is complimentary to adjacent land Ules, and fulfilll remaining land ule need.. A. Physical Considerations - The property has previously been disturbed for the purposes of future development. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residences. B. Complimentary with Ad1acent Land Uses - The proposal will be complimentary with the adjacent residential uses to the north, south and west. '. .. P & Z Board Staff Report Rezoning from RM to PRD for Clearbrook Subdivision Addition Page 7 C. Fulfills Remaininq Land Use Needs - The proposed development will help fulfill remaining land use needs by providing a variety of housing types which are to be owner occupied and which can accommodate families. Open Space and Recreation Element Policy A-3. 3: Tot lots and recreational areas shall be a feature of all new housing developments which utilize any of the City's PRO zone districts or which have homeowner associations which must care for retention areas, private streets, or common areas. The Clearbrook master plan provides for two (2) tot lots. However, the equipment for these tot lots has not yet been installed. Additionally, the developers have indicated that the existing residents are not in favor of installing the tot lots. Installation of these lots will be addressed with the master plan modification. Land Use Element Policy A-l.5: In order to provide for a more balanced demographic mix, the development of "large scale adult orientated communities" on the remaining vacant land is discouraged. This development is not a "large scale adult oriented community", thus this Policy is not applicable. Land Use Element Policy A-3.1 - Prior to recommending approval of any land use application which comes before it, the Local Planning Agency must make a finding that the requested land use action is consistent with Objective A-3 which states that the development of remaining land shall provide for the retention of open space and natural resources. Pursuant to Policies A-3.2 and A-3.3, these policies do not apply in this instance. Conservation Policy B-2. 5 - Whenever new development or redevelopment is proposed along a waterway, a canal, an environmentally sensitive area, or an area identified via Policy B-2.1, an area equivalent to at least lOt of the total area of the development shall be set aside in an undisturbed state or 25. of native communities shall be retained pursuant to Treasure Coast Regional Planning Commission Policy 10.2.2.2. This policy is applicable as the property abuts a LWDD canal. However, the entire site is in a disturbed state and there are no native communities that abut the canal. The development proposal is consistent with the Clearbrook Subdivision plan that was approved to the north. Further, the PRD regulations re~uire this deve~opment to provide a minimum 15' open space. The overall development will provide 16.33' of common open space. '. '. P & Z Board Staff Report Rezoning from RM to PRO for Clearbrook Subdivision Addition Page 8 REV I E W B Y o THE R S z The rezoning is not in a geographic area requiring review by the CRA (Community , Redevelopment Agency) or the DDA (Downtown Development Authority). Special Courtesy Notice: Special notices were provided to the following homeowner's associations and citizen's groups: Clearbrook Homeowner's Association Hamlet Homeowner's Association Lago Del Rey North Condominium Association Lago Del Rey Condominium Association Progressive Residents Of Delray (PROD) United Property OWners Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ASS E SSM E N T AND CON C L U S ION : The Rezoning request from RM to PRD for this property is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. It is anticipated that there will be no negative impacts on the surrounding properties. The property is currently vacant and has been for some time. The rezoning will allow the construction of 14 zero lot line homes which will be an extension of the Clearbrook development to the north. ALTERNATIVE ACTIONSz A. Continue with direction. B. Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5). C. Recommend denial of the rezoning request based upon a failure to make a positive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant to Section 2.4.5(D)(5) the rezoning fails to fulfill at least one of the reasons listed. '. '. . P & Z Board Staff Report Rezoning from RM to PRD for Clearbrook Subdivision Addition Page 9 S T A F F R E COM MEN D A T ION I Recommend approval of the rezoning request from RM to PRD for Clearbrook Addition based upon positive findings with respect to Chapter 3 ( Performanc.e Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.S(E)(S). Staff Report prepared by: Jeff Costello, Planner Report reviewed by David J. Kovacs on: Auqust 11, 1993 Attachments: * Location Map * Master Site Plan -rIRECLEAR.DOC , '. ,. . ~~ \UIDr~ -... - .L. '/-, V OF =-1'-1 ~ I lL..OJ: '- _I fiM I ~ /' ~IJtr ~lim~ .- ~"J I -t 'U~ -........... 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(I i r-~ r-'" - 5 :--ì "F-, i II .f 1@:!@II®\......_r-....J.: 'j ~I , 'L._ ~J I 1 , \ ' ! iI' I: .,1 H·: I' I: \ ¡ .. ' , ,hu -Tl' ! r; I: ~ I mi!! ¡q :1 ~ :! '~,I ;<'1 ~~~ .J _J ____J j ~ _ '.-4. I I 'I · I. II , ' -.1, , } I, . $'-6 ~ t:>Y: ~ ·---~n i L__~J. " L:-_ L:-i r:-J _--:J . ~ '. ..., ~=' "O.J ¡; ., ,~.~: ,,~,' I I I II----T- "- I I -"'~ '= . ", -,' ",-", " , I........ - 'I _ 't~ ~ ..--~,.:" ':' , I 10 I " I ~. ," ..... 's...&........ " , , '~__~J I .... -~~. t1:7otf! ,-' .", :-"I'lll ';.,¡ , ,- ,~~-:-"E":.... ::-':"'~";ì:- - _.ì:. . . ' , ,;----r--o . . . . . . . I..: ,-" " " £'I, " -"~-"'L..' ,...-~",'."I':'!~" :l:. IIa r--:-:: . -, -, -, -, -, -'r-"':-" " I' I' .\' I' I' \' ":'·II,~s...-r,1 ~I L.___...J I I, I \, I \ , 1\ I I I I ''' I I I I '0 ',- - ; ~ 1....~,~_ ~J: ~I: ~I. ~I: ;;;1' :::;1: ~I ,,'llelle,!e.!01!(~d@.!e.!@IIG 11·®:,:~.t.~::.:1 It... .... t-----'±dll~'111 -'11 'I!' I: I' I, I, I~ l" I, I· I' :"I,I'~~-I':::\":i': . ..,. N( ~. ¡ 4nM ... 0" _.:::..~ t "-'-;---==1 u -.~ u -- -_~______Lt=_~ ~---!.l:.:--~J:..--~J:;-}'!E:-~}_~-:-t=~Er'~~~'i~~~.~~~,~~;t , ., !!Iliff;) 'Jt 'ì. - JI .. ~ ' '. .. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER¿,9fti SUBJECT: AGENDA ITEM i /0 F - MEETING OF SEPTEMBER 14. 1993 ORDINANCE NO. 51-93 DATE: September 10, 1993 This is the second reading of an ordinance amending the Land Development Regulations to add "wash establishments or facilities for vehicles" as a conditional use within the CBD (Central Business District) zone district. This amendment came about at the request of the owner of the Express Car Wash. The owner wants to expand the car wash facility onto property immediately to the south. The car wash is currently operating as a non-conforming use in the CBD zone district; and as such, may not be expanded. The proposed amendment would permit the expansion of this facility while prohibiting such uses east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. At their August 16th meeting the Planning and Zoning Board recommended denial of the request (5-1 vote) . While the Board was sympathetic to the applicant's situation, the members did not feel that it was appropriate to accommodate the request. In its final action, the Board cited inconsistency with direction in the Comprehensive Plan (auto uses in the CBD) and the granting of a special privilege as the basis for its recommendation. A detailed staff report is attached as backup material for this item. At first reading, the Commission requested staff to further evaluate whether the applicant's proposal was "grandfathered in", or might be accommodated under the existing zoning if the additional property was to be used only for parking and queuing. Our Planning staff has subsequently discovered that in addition to rerouting traffic, the operator of Express Car Wash also desires to relocate and increase the detailing area and on-site parking and to up-grade the vacuum prep area. Given these findings and our procedures and policies dealing with the expansion of non-conforming uses, staff feels the most appropriate course of action to accomodate the applicant's request would be to change the allowable uses in the CBD zone district. At the August 24th regular meeting Ordinance No. 51-93 passed on first reading with a 5-0 vote. Recommend consideration of Ordinance No. 51-93 on second and final reading. ~ ~~~j '. " -..- ORDINANCE NO. 51-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS" , SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT" , SUBSECTION (D) , OF THE LAND DEVELOPMENT 'REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "WASH ESTABLISHMENTS OR FACILITIES FOR VEHICLES" AS A CONDITIONAL USE WITHIN THE ZONE DISTRICT, SUBJECT TO A LOCATIONAL RESTRICTION; 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 August 16, 1993, and has forwarded the change with a recommendation that it not be adopted; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the change is not inconsistent with 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 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(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: J.!.§l Wash establishments or facilities for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. 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. 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 I I . ¡ - 2 - Ord. No. 51-93 j I I I '. ,. ¿i( {7v1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~D T. HARDEN, CITY MANAGER , .L>1-J*,0~ FROM: ' D J. KOVA S, D ECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 14, 1993 LDR AMENDMENT RE CAR WASHES IN THE CBD SUPPLEMENTAL INFORMATION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on second reading of this Ordinance, which will amend the LDRs to accommodate Car Wash Establishments as a conditional use in the CBD zone district. B A C K G R 0 U N D: During the first reading consideration there was considerable discussion regarding this item. This item proceeded to second reading and public hearing with direction to the Director of Planning and City Attorney to explore other options for accommodating the applicant's desires without modification to the LDRs. Further review revealed that in addition to a rerouting of traffic, the operator of Express Car Wash desires to relocate and increase the detailing area, relocate and expand on-site parking, and to up-grade the vacuum prep area. Given this further description of desired modifications and our procedures and policies dealing with the expansion of non-conforming uses, the mos t appropriate course of action remains a change to the allowable uses in the CBD zone district. A L T ERN A T I V E ACT ION S The alternative courses of action before the Commission are simply the two of approval or denial. Approval should be pursued if the Commission desires to accommodate the proposed upgrading at Express Car Wash. Justifications of such an action include: * the inclusion of the site into the CBD Planning and zoning district designations appear inappropriate in that it is in the far northeast extent of the designations; '. " City Commission Documentation LDR Amendment Re Car Washes in the CBD Page 2 * the benefits of the potential site up-grade outweigh any perceived adverse implications, especially when noting that there is little likelihood of a mechanical auto wash facility being situated elsewhere within the CBD; * accommodation only as a conditional use, provides a further degree of assurance that any future request would be evaluated on a specific impact basis; * inclusion of the use is the most appropriate method for achieving a desired situation (existing successful business upgrading and an enhancement to the Federal Highway streetscape). Justification for denial of the proposed change simply follows the recommendation of the Planning and Zoning Board that the accommodation of a car wash facility anywhere within the CBD is an inappropriate land use and, the current non-conforming situation at Express Car Wash should continue. R E COM MEN D E D ACT ION: Commission's discretion. Attachment: * Enacting Ordinance, by others DJK/CCWASH '. '. C I T Y COM MIS S ION DOC U MEN TAT ION TO: . J T. HARDEN, CITY MANAGER C~kGL\C-/L- THRU: ~AVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: DIANE DOMINGUEZ~ PRINCIPAL PLANN SUBJECT: MEETING OF AUGUST 24, 1993 LDR AMENDMENT ADDING CAR W FACILITIES AS A CONDITIONAL USE IN THE CENTRAL BUSINESS (CBD) ZONING DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of consideration of a text amendment that would allow "wash establishments or facilities for vehicles" as a conditional use in the CBD zoning district. The affected LDR section is 4.4.13(D), Central Business (CBD) District, Conditional Uses and Structures Allowed. BACKGROUND: This amendment came about at the request of the owner of the Express Car ·Wash, located at 375 N.E. 6th Avenue (northbound Federal Highway) . The owner wants to expand his car wash facility onto the property located immediately to the south, which was most recently occupied by a car rental agency. Both properties are wi thin the CBD zoning district, which does not allow car washes. As a non-conforming use, the car wash may not expand. Thus, the owner has asked that the use be added to the list of conditional uses in the CBD, which would provide a mechanism for him to apply for permission to expand his business. The proposed amendment would add the following language as a conditional use in the CBD zone: "Wash establishments or facilities for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots whlch front along Atlantic Avenue." " City Commission Documentation LDR Amendment re: "Car Wash Facilities" in the CBD zone Page 2 The attached staff report provides a more extens i ve history of this particular property, and an analysis of the proposed amendment. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 16, 1993. While the Board was sympathetic to the applicant's situation, the members did not feel that it was appropriate to accommodate the request. The Board voted 5-1 (Naron dissenting, FeIner absent) to recommend against adoption of the text amendment adding car wash facilities as a conditional use in the CBD zone. During deliberations, the Board considered addressing this situation as part of the ongoing discussions of non-conforming uses. However, there was a realization that it is unlikely that the rules regarding non-conforming uses would be relaxed to accommodate this type of request. The Board then focussed upon the appropriateness of car wash facilities within the CBD Zone District. In its final action, the Board cited inconsistency with direction in the Comprehensive Plan (auto uses in the CBD) and the granting of a special privilege as the basis for its recommendation. RECOMMENDED ACTION: By motion, based upon the recommendation of the Planning and Zoning Board, deny the proposed amendment to LDR Se"ction 4.4.13(D). DD\Y:CARWASH~DOC Attachment: * P&Z Staff Report & Documentation of August 16, 1993 '. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT FOR L.D.R. AMENDMENTS MEETING DATE: AUGUST 16, 1993 ~~ AGENDA ITEM: III.C. SUBJECT: LDR AMENDMENT TO PERMIT CAR WASHES AS V CONDITI~NAL USE IN THE CBD (CENTRAL BUSINESS DISTRICT) . LDR REFERENCE: SECTION 4.4.13(D) \¡¡J\ I T E M B E FOR E THE BOARD b 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 (LDRs). Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed amendment with respect to its relationship to the adopted Comprehensive Plan of the City. BACKGROUND This amendment was requested by the owner of Express Car Wash at 375 NE 6th Avenue, which is zoned CBD (Central Business District). The Express Car Wash site was originally developed in 1959, under the provisions of the C-2 zoning category. The property was rezoned to SC (Specialized Commercial) in 1972 and to CBD in 1990 with the citywide rezoning. Car washes were considered permitted uses in the SC district until 1980, when the code was changed to allow them as a conditional use. Car washes are not allowed as a permitted or conditional use in the CBD zone, therefore, when the site was rezoned 'to CBD in 1990, the use became non-conforming. Building plans for the car wash indicate that it originally consisted of Lots 20 through 25, Block 113 of the Highland Park Subdivision. From 1988 through 1991, Lots 20, 21, and approximately half of Lot 22 were occupied by a car rental agency. Express Car Wash wishes to expand their business to again include those lots to the south. Pursuant to Section 1.3.3(A), non-conforming uses are not permitted to extend to occupy a greater area of land than that which was occupied at the time of the adoption of the LDRs (1990). In 1990 the car wash did not occupy the southern lots, therefore, the business cannot legally expand. The applicant has requested the text amendment to make "wash establishments or facilities for vehicles" a conforming use, thus allowing the expansion. IILC. '. P&Z LDR Text Amendment Staff Report Meeting of August 16, 1993 Page 2 It should be noted that the southern lots are currently in use by Express as a finishing area, to dry and wax cars after washing. However, approval has not been given for that use. The applicant has submitted a sketch plan which shows the improvements proposed to re-incorporate the south lot into the Express Car Wash site for its current use, and as stacking area for the mechanical car wash. Landscape improvements similar to those already in place for the main structure would be added. These improvements would meet the requirements of the October I, 1993 landscape code compliance. A copy of a sketch plan of the expanded site as proposed is attached. If the text amendment is approved, the applicant will be required to apply for conditional use and site plan approval to implement the expansion. While the above information pertaining to the Express Car Wash is of interest, the decision to amend the code is to be based on a general application and not solely to the benefit of the petitioner. PRO P 0 SED AMENDMENT The proposal, at this time, is to change LDR Section 4.4.13(D) by adding: (16) Wash establishments or facilities for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. The locational restriction is the same as that which exists for gasoline stations in the CBD. A N A L Y S I S Car wash facilities are allowed in the City as conditional uses in the GC (General Commercial), PC (Planned Commercial) and AC (Automotive Commercial) zoning districts, however, there are no traditional full-service car wash facilities such as Express located in those districts. There is a self-service car wash operation that is also located in the CBD district, at the northwest corner of N.E. 2nd Avenue and N.E. 2nd Street. This operation was approved in 1987, ~nder General Commercial zoning. It is now non-conforming. There are numerous hand wash and detail operations in various areas of the City, as well as single car operations associated with service stations. Adding car wash facilities as a conditional use in the CBD would allow the existing car washes to continue and to expand as conforming uses, while still allowing the City a mechanism to control possible adverse affects on the Downtown area via locational restrictions and the conditional use process. A review of the Comprehensive Plan Future Land Use Element notes the following policy which has a direct bearing on the requested amendment: '. --------~ - - J - . page 3 Policy A-2.4 states in part that "Auto related uses shall not be permitted in the CBD Zone District or within the geographic area along Federal Highway which extends four blocks north and three blocks south of Atlantic Avenue." while on the surface, there may appear to be a conflict between the LDRs and the above stated policy, in that the LDRs do permit certain auto related uses in the CBD zoning district. Whi Ie the sale, repair, and washing of automobiles arè not. permitted, automobile brokerages and auto parts sales are allowed as permitted uses. In addition, gasoline stations are allowed as conditional uses, subject to geographical restrictions. Those restrictions prohibit gasoline stations from locating east of the Intracoastal Waterway or on lots which front on Atlantic Avenue, however they are not restricted from loc.ating on Federal Highway, contrary to the above Comprehensive Plan policy. As car washes are similar in intensity to service stations, it is appropriate to treat the uses in a similar manner, including the same locational restrictions. It is also appropriate to ensure consistency between the comprehensive plan and the LDRs. The surficial conflict may be accommodated simply by acknowledging that Policy A-2.4 is not intended to be applied to every auto related use e.g. gas stations and that it was not directed to car wash facilities. REV I E W B Y o THE R S . . The proposed text amendment was reviewed by the CRA Board at its meeting of July 22, 1993. The Board was in favor of the proposal and recommended approval by a 7-0 vote. The DDA Board was scheduled to consider the proposal at its meeting of July 21, 1993. A quorum was not present at the meeting, so no formal action could not be taken. However, the Board members present had no objections to the change. A L T ERN A T I V E ACT ION S . . 1. Recommend denial in that the modification is not consistent with the Comprehensive Plan, specifically with regard to Future Land Use Element Policy A-2.4,and in that it is directed to a specific situation, thus accommodating a special privilege. 2. Recommend approval based upon a finding that the proposed modification is not inconsistent with the Comprehensive Plan, in that Policy A-2.4 should not be construed to mean all auto related uses; and in that another car wash facility affected by the 1990 Citywide rezoning will be returned to a conforming status. 3. Continue with direction. '. P&Z LDR Text Amendment Staff Report Meeting of August 16, 1993 Page 4 R E COM MEN D E D ACT ION Board's discretion. Report prepared by: Jeff Perkins, Assistant Planner Report reviewed by: Diane Dominquez, Principal Planner Attachments: * Letter of request * Location Map * Sketch Plan T:CBDWASH.DOC - '. ~~:'12 r e':.:;;:· ::. ..- '...J -:-. ~tì . ", .:' :-c to,; i=ec. i-~....,,; '...... :" II Jel r·':"'/ .... '. . 33¿;3:: ,-,!e~."- D: .-"~E' :-;': C~' .,~ -;. """" I,] :...~ E:.'::: . - . HS we d i ':, c u. '~, '=:;. ej - 2'.1' ;""J~'- i .~. i. n Ii to ... ~~;:. =~~"'¡ :!e:r?' ~ ,-, .-,'" '-ecLt.?='t '"" c ~ 3. i; ~ E' 1 !'".¡ ZO~:l:!O ~"J~~t-e: ì7·\,· C::;. ~.- \.: ~ =: -, .;. ::' ] c- =.;. -: s?c :'0 a,~ 1 C1ir'¡ ..: ;~ r- itJ ,:I. ,:;:-, 1 r.'~ .:\ ¡¡ d ;'J 3. ~< 1 n '~ . T'-2.f';j~ -F:o~ C'î C:..lI''' D ..- C q E r- "!: \/ . -' J::CO'" =-t:- ': '..#¡J::. '-': . C' ,- ~r =. Al~it:'n9 j~n ~=d~'r-a ~ ~i o hy-.i 3.\'/ a~l t;-; !'"":JL~'~ ""! ~~-= :.:e ,Et :;. '::,:-. . A":'-:e"- c :-'e·::k i.-.~ b'_ si '!€S~, yo e,~-: .:J.-'= :. LoLje .2·:,t i c:;. ~'2-: =- hi ';·h ~.- v(:Jl ,_t.Tr= -r: .i-, i. 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I !SL-- I' f- ::: ~ I~_ c_ >- ~f- ~ - f- ::: J: _~ f-- _ ~ ::::. ::: ~ - f-- . 1--__ IS ~ ) i-- f- r--1 0 ..., i-- []]ß~ Yo ... Þ ;= f- I 'j e j!!: ~ -f-I' m ~ -~I....- !:... J _ _ ST. , \ 1 _ ~ U_ -- I I ~ - f- _ __ _ _ __ -J ~ - I--- I..- _- ~ -3~' I-- -- ... Y - - )... - - ~ -- .,. I I - == - =- ~ -== i--- ___ 0 ..., -== - ~ U - -- I :r-= ~ = ~ __ 2N1) :iT. ~ I- I f - I--~ 1 ... .- I-- - - 0 0- I-- I Z II.: f-- Z z_ I-- r - ~ I- ~ __ := ~ :; I-- _ I--- f-- iE ~ NoL. . I-- I-- =; L I-- - rl - (I) z I - m ~ ~ ~ 15 n ~ _ I '-- I-- i..J ~I-- - Ž _ ~ ...._1--- ~ Ôf--f--~-I-- ;:::..._ ~ -.== I-- ~ - >- _ >- i--- _' ~ i-- ::&:- _::&:1--- 'r-- ~ ~i--- ~ : ;:)::) _ I-- rnillD~ITIIJi8lIllITij (ill LI j T - ATLANTIC I I j I ITIIID [[Ill]] (IJJ T . DELRAY CAR WASH . " .. . L I ï /i.dl') r~ ....-..-- . -.. . .. . _#- , ,~ C ~~ ,-- .ò~ ~"'" , \ -.... ":.. \ ;A'/ .Y () I'<'. .~.,. " ~¿.. ';t:"" ....." - A ~.: - ...... ..... " ¡ ~ ~ ~ 'Í.. " '''P- I o ~ ~' "' c.Þ "J.' 'IC. ~ """ 1-~ '^ 0 ~ -\ ~ : .~ ~ 'ì .. 1 ~ V;) ~ . .. .:þ r t- "< ~ , , ~ ~ ~ \J . " . V\ ::. ~ ~ ~ }. Q .,. ~ ~ ') i. U\ "l. :P t' - 'i. ~ " ~ ... ~ , ~, \A .,~ ) "\ {"- . . ~ ~ t r- "" f',- t/ ¿ ¿ "" '< ~ - - ,- . <.:- 'S~I ~ '1'- - -t ~o _ :.. "1 ,. , I ~ ".. ¡.. l' ~. -:.! , " .. ", ...... "", I/At:.vv M , A "'IN,µ¡' I , , I I ' ' . \t I , · t ... I , " ~ I 1 ! .,. \ { I·. , I · , ... I 't- ... t 'I '. I ~ , I , ~ I · , ). / " '. , ~ t · , q. I \ , 'Î' v , , \ , " "..----,# . '1'- ~ -. . .",:, '. " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS /1 FROM: CITYMANAGER!')t ( SUBJECT: AGENDA ITEM #. lOG- - MEETING OF SEPTEMBER 14. 1993 ORDINANCE NO. 53-93 DATE: September 10, 1993 This is the second reading of an ordinance adopting a new Official Zoning Map. This action is ministerial and is intended to provide for a public and formal action regarding the change of method in preparing and presenting the City's Official Zoning Map. A map produced using computer aided drafting (CAD) will replace the mylar based map currently used. The Planning and Zoning Board at their July 19th meeting recommended approval. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 53-93 on second and final reading. ~ '. " " I) , :~ "- LA/ , .~ - I I C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ( '\)," ß \Jdy--C,~( FRO~----D'1tvtíP.r~cs, 'DIR~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 24, 1993 ORDINANCE - REPLACEMENT OF THE OFFICIAL ZONING MAP ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which formally accommodates the replacement of the Official Zoning Map. This action is ministerial and is intended to provide for a public and formal action regarding the change in the method of preparing and presenting the City's Official Zoning Map. BACKGROUND: Attached is an excerpt of our current (mylar based) and proposed [computer assisted drafted (CAD)] official zoning map. You will note the clarity and ease of using the new mapping system. Also, the new mapping system accommodates modifications in an easier, faster, and less costly manner. The new mapping system uses a new base map (more current and easy to up-date) and allows for the mixing of information e.g. zoning, water mains, sewer mains, publicly owned lands, abandonments, and other information on one graphic representation. This product and its capabilities is the result of work performed by our Planning Department (Dan Marfino) and Environmental Services Engineering Division. In order to provide for a proper transition from the old (mylar based) map and the new (CAD) map, a formal action, by ordinance, is being taken. The current Official Zoning Map will be up-dated and signed-off as of September 13, 1993. The new Official Zoning Map will be determined current as of September 14, 1993. If, in the future, there are discrepancies we will be able to identify whether they occurred in the mapping transition or at some other time (e.g. preparation of the October, 1990 zoning map). '. . City Commission Documentation Ordinance - Replacement of the Official Zoning Map Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and. zoning Board formally reviewed this item at its meeting of July 19, 1993. The Board acknowledged our more efficient and effective manner of mapping. By unanimous vote, they recommended replacement of the Official Zoning Map. RECOMMENDED ACTION: By motion, approval of this adopting ordinance on first reading with a public hearing date set for September 14, 1993. Attachment: * excerpt from current and proposed zoning maps DJK/CCZNMAP '. '" /' ,. '" 1 ,~ ~_I-'" ":¡;;.~- '1"'~'-;' . (j~ I' C~,'~' :-:; ):-' _ ~ ...:"-' -. .. 111" _'...!If ~ Z I . 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I :t ~= tmEffiE:E ffiIffiHHE i t - ~ I iiiiii c... - f-- - ~ f-- - r-- I- f-- - ¡-- .. ffiIffiHHE= f-- - r-- - f-- - r-- ..- f-- - r-- III f-- - ~ ~ - - - - -~~I~ I =~ I~ iji ' '" ill ,..... ~ I--~ ->!- I ~ - Ji :::- ~-~ AM: CF 8 ~ J I --- 1]= - R I IE o:nn:mm I €!.~~=- , · 111M. IIEIGU '-- ~t= - Ii RM r jj - J " I I µJl::~........ I III ~ ~F = IUI if ~I- -- -I- i- :Z:f-- -~- - ,~ I ~ f= .- - J.. :.- ,.-- .., I fl. I '\ L . ~ l' _\.~ I ¡III C.J J ~ ~ I I ~.RM Ii I .~ ~ I I~ ,. L ~~.... & = Cr ~ ~... IC I ~ A r-.. 8 ( U L E V A R D LlNTO ,. , III \1 I I de I I Of~ I n ~ 1_- _ ....... '. ,. '. . - ._._.~-,,- -~.-.- -- .--.~ --- ORDINANCE NO. 53-93 1 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A NEW OFFICIAL ZONING MAP; PROVIDING FOR THE MAINTENANCE THEREOF; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, is required to create and maintain an Official Zoning Map pursuant to Section 4.1.2 of the Land Development Regulations; and WHEREAS, said map was created and adopted in conjunction with the creation and adoption of the City's Land Development Regulations (LDR Code) in October, 1990; and WHEREAS, said map was created through a mylar system and a previously created base map; and WHEREAS, ,the City has upgraded its mapping capabilities through the use of Computer Assisted Drafting Devices (CADD) and has created a new base map which is current in nature; and WHEREAS, it is necessary and appropriate that the City use its enhanced mapping capabilities in the creation and maintenance of the Official Zoning Map; and WHEREAS, the City's Local Planning Agency has reviewed and recommended approval of replacement of the Official Zoning Map at a regular meeting held on July 19, 1993; and WHEREAS, the City Commission considered such an action following an advertised public hearing held on September 14, 1993. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Official Zoning Map of the City of Delray Beach, Florida, which was heretofore maintained on a mylar based system, is hereby replaced with a new Official Zoning Map to be maintained on a Computer Assisted Drafting Device (CADD) system; a copy of the new Official Zoning Map being executed by the Mayor, with attestation by the City Clerk, and retained in the Office of the City Clerk. Section 2. That the Planning Director of the City of Delray Beach, Florida, is hereby directed to publish and distribute the new Official Zoning Map and to maintain said map and to provide revisions and updates to the Office of the City Clerk for official purposes as the need arises. I '. q< ,. . . -- -....... - I Section 3. That all ordinances or parts of ordinances which are in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , , 1993. MAY 0 R ATTEST: I ! City Clerk I First Reading 1 I Second Reading I I i I ¡ \ r I ¡ - 2 - Ord. No. 53-93 ,. ,.1 "~ , '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [fJt I SUBJECT: AGENDA ITEM i 10rt - MEETING OF SEPTEMBER 14. 1993 ORDINANCE NO. 54-93 DATE: September 10, 1993 This is the second reading of an ordinance amending the Land Development Regulations by amending Section 4.4.21 "Community Facilities (CF) District", Subsection (B), by adding "Cemeteries" as a principal use¡ and by amending Section 4.4.22, "Open Space (OS) District", Subsection (B), by deleting "Cemeteries" as a principal use. This request is being made in conjunction with an inquiry regarding establishment of a privately owned and operated cemetery at the site which was formerly intended for use as Middle School "H". The site is currently owned by the Palm Beach County School Board, but is being offered to a private party as part of the negotiations for another school site. This site was previously designated as single family residential on the Future Land Use Map and zoned R-1AA. Subsequently, the land was assigned a Future Land Use Designation of Mixed Use - Community Facilities and Open Space. With the adoption of the Land Development Regulations the site was rezoned to CF¡ and later, with the adoption of Plan Amendment 90-1, the Future Land Use Designation was changed to Medium Density Residential. While the property has the potential for residential development under the existing land use, that potential is limited by traffic concurrency problems on Lake Ida Road and by limited acces s to the site. The CF district currently allows uses which are generally public and semi-public in nature, such as government and community centers and facilities, parks and recreation facilities and service-oriented centers. While cemeteries are not specially addressed, they are consistent with the CF Purpose and Intent Statement. The Community Redevelopment Agency reviewed this request at it August 12th meeting and did not object. At their August 16th meeting the Planning and Zoning Board recommended approval. At the August 24th regular meeting, Ordinance No. 54-93 passed on first reading with a 4-1 vote (Mr. Randolph dissenting). Recommend approval of Ordinance No. 54-93 on second and final reading. '. ·, '\ . ·",1 l~. 1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: JD T. HARDEN, CITY MANAGER G " : '\ ~-, ì^/ :' è!_,--<,X: ·Ye'-...-JCl'--~- FROM: D ID J. ~S, DIREC~ PARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 24, 1993 FIRST READING, L.D.R. AMENDMENT ADDITION "CEMETERIES" TO THE C.F. DISTRICT, DELETING FROM THE O.S. DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which amends the Land Development Regulations (LDRs). The amendment will: ADD "cemeteries" as a principal use in the Community Facilities (C.F.) Zone District; and, DELETE "cemeteries" from the list of principal uses in the Open Space (O.S.) Zone District. BACKGROUND: In response to an inquiry about the potential for establishing a cemetery on property currently zoned C. F., it was determined that the use was not accommodated in that zone district (it is accommodated in the O.S. District). It was also noted that the municipal cemetery is currently zoned C.F.; thus, it is a non-conforming use! Because of the above situation, the staff took the matter before the Planning and Zoning Board and sought a "determination of similari ty of use" which would accommodate a cemetery as a principal use in the C.F. Zone District. Please refer to the attached Planning and Zoning Board staff report for more information as to how the non-conforming situation with the municipal cemetery came about; and, for general information about the land use inquiry. '. City Commission Documentation First Reading, L.D.R. Amendment Addition "Cemeteries" to the C.F. District, Deleting from O.S. District Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 16th. After a thorough discussion of the confusion' in the LDRs, the Board was supportive of adding . "cemeteries" to the C.F. District but declined to use the "similarity of use" process. Instead, the Board recommended on a 6-0 vote, that the City Commission ADD the use of "cemetery" [as Section 4.4.2l(B) (6)] to the C.F. District and to DELETE that use from the Open Space Zone District [(4.4.22(B)(2)]. During the Board's deliberation there was discussion about the potential for establishing a cemetery on former school site "HH" (Davis Road area). Concerns focussed not upon the use, but upon the site treatment, buffering, and security. Such issues would be addressed through the site plan review process (SPRAB) when, and if, a specific land use application comes forward. RECOMMENDED ACTION: By motion, approval of this LDR Amendment Ordinance on first reading. Attachment: * P&Z Staff Report & Documentation of August 16, 1993 DJK/CCCEMTRY '. .. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: August 16, 1993 AGENDA ITEM: V.B. DETERMINATION OF SIMILARITY OF USEz CEMETERY (PRIVATE) AND ACCESSORY BUILDINGS UNDER CF ZONING ITEM BEFORE THE BOARD: The item before the Board is a determination of similarity of use, pursuant to LDR Section 4.3.2(C)(2). The request is that "Cemeteries" be deemed similar to other uses allowed as permitted uses in the CF (Community Facilities) zoning district. BACKGROUND: This request is being made in conjunction with an inquiry regarding establishment of a privately owned and operated cemetery at the site which was formerly intended for use as Middle School "H." The site is currently owned by the School Board of Palm Beach County, but is being offered to a private party as part of the negotiations for another school site. School Site "H" History: The site was previously designated as single family residential on the Future Land Use Map and zoned R-lAA. In November 1989, the property was assigned a Future Land Use Designation of Mixed Use - Community Facilities and Open Space. In October 1990, the site was rezoned CF (Community Facilities), as part of the Citywide rezoning and adoption of the Land Development Regulations. With Amendment 90-1, the site was assigned a Future Land Use Designation of Medium Density Residential, while the zoning remained CF. While the property has the potential for residential development under the existing land use, that potential is limited by traffic concurrency problems on Lake Ida Road, and by the limited access to the site. The prospective owner has suggested that a cemetery as a possible use for the property, given those limiting conditions. Municipal Cemetery Zoning History: Prior to 1990, the Municipal Cemetery was zoned R-IA, Single Family District. Cemeteries were not allowed in the R-IA district at that time, however, they were listed as a permitted use in the CF zone. With the Citywide rezonings in 1990, the Municipal Cemetery was rezoned to CF. This action was intended to make the use a conforming one, however, with. the adoption of the new LDRs, the use was deleted from the CF zone and was ( included in the Open Space (OS) zone district. ThuB, the Municipal Cemetery remains a non-conforming use. V.B. '. P&Z Memorandum Staff Report Similarity of Use--Cemetery in CF zoning Page 2 ANALYSIS: The CF district currently allows uses which are generally public and semi-public in nature, such as government and community centers and facilities, parks and recreation facilities, and service-oriented centers. In addition, there are several conditional uses which can be established in CF, such as ACLFs and nursing homes, churches, hospitals, and private parking lots (see attached CF District regulations for full list of uses). While cemeteries are not similar to these uses in terms of function or intensity, there are certain factors which make the use appropriate in the district. The CF Purpose and Intent statement indicates that the district is intended for "uses which serve public and semi-public purposes." Such purposes include governmental uses, churches, educational, service, and institutions. Cemeteries are consistent with that stated purpose. Another factor is that cemeteries are a permitted use in the OS (Open Space) district which, in general, permits uses which are far less intensive than those allowed in CF. The OS district is intended for uses which are to be uses primarily in an open space manner, such as golf courses, parks, water bodies, and cemeteries. While the OS District may be the most appropriate zoning for a cemetery, it is not necessary that the use be limited to that zoning district only. REVIEW BY OTHERS: The CRA Board reviewed this request at its meeting of August 12th. The board had no objections to the proposed finding. Courtesy Notices have sent to the following homeowners associations and neighborhood organizations: * Helen Coopersmith * Art Jackel PROD United Property Owners & Rainberry Bay * Joseph Narrow * Bernie Berkowitz Chatelaine Rainberry Lakes * Bob Penn * Thomas Mook Pines of Delray North Sudan * Joan Rainford * Jack Kellerman Delray Shores High Point Letters of ohjection, in any, will be presented at the meeting. '. P&Z Memorandum Staff Report Similarity of Use--Cemetery in CF zoning Page 3 ALTERNATIVE ACTIONS: If through its consideration of this item, the Board determines that the use "Cemetery" is not similar to other uses allowed in the CF zone, but is nonetheless an appropriate use in the district, it can elect to initiate a text amendment adding "Cemetery" to the permitted uses in CF. If the Board determines that the use is neither similar nor appropriate in CF, it should initiate a zoning change to OS for the Munic ipal Cemetery, in order to make that facility a conforming use. Thus, the alternative actions are as follows: 1- Deny a determination of similarity of use, and initiate a corrective rezoning of the Municipal Cemetery to OS. 2. Deny a determination of similarity of use and instead initiate a text amendment to LDR Section 4.4.21(B), adding cemeteries to the CF district as a permitted use. 3. Make a determination that by virtue of its similarity to other uses permitted in the CF district, cemeteries can be permitted in the district without any change to the regulations. RECOMMENDED ACTION: Initiate a text amendment to LDR Section 4.4.2l(B)(2)(d) to add cemeteries to the listed permitted uses in the CF district. Attachments: * CF zoning district regulations * Location Map Report prepared by: Jeff Perkins, Planning Technician I Reviewed by DJK on: August 11, 1993 JP/TISITEH.DOC '. Section 4.4.21 Section 4.4.21 Community Facilities (CF) District: (A) Purpose and Intent: The Community Facilities (CF District is a special purpose zone district primarily intended for facili~ies which serve public and semi-public purposes. It is also applied to regulated properties subjected to a transfer of development rights. Such purposes include governmental uses, churches, educational, service, and institutions. The CF District is deemed compatible with þll land use designations shown on the Future Land Use Map. (B) Principal Uses and Structures Allowed: The following types of use are allowed within the CF District as a permitted use: (1) Governmental facilities such as: civic centers, courts, courthouses, temporary holding facilities, fire stations, governmental offices, public health facilities, law enforcement offices and facilities, post offices, pUblic utility facilities e.g. lift stations, water storage tanks, water treatment plants, water wells, wastewater treatment plants. (2 ) Community facilities such as: civic centers, community centers, community theatre, cultural facilities and , auditoriums, arts and crafts centers, libraries, museums, public . parking lots, parking garages. (3) Parks and recreation facilities such as: community centers, parks, ballfields, tennis centers, swimming centers, golf courses which are open to the public. (4) Service oriented facilities such as: Abused Spouse Residences, Child Care Centers, Day Care Centers, Group Homes Levels I and II. (5) Restricted usage allowed pursuant to an ordinance enacted to sever developments rights under a Transfer of Developments (TDR). (See Section 4.6.20). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots and garages (2) Service and Refuse Areas (3) Cafeterias, snack bars, restaurants, exercise facilities, etc. , when contained in the same structure as the principal use. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses: 4468 '. Section 4.4.20 (D) ( 1 ) Adult Congregate Living, Continuing Care, Homes for the Aged, and Nursing Home Facilities. (2 ) Substance Abuse Treatment Facilities. ( 3) Churches and places of worship with attendant uses of day care, pre-school, educational facilities, and with other normal educational (Sunday school) and recreational facilities, and support facilities (e.g., patronages). (4 ) Educationa1 facilities either public or private and vocational schools except for training or programs which can be conducted in multipurpose buildings or offices (e.g. a dance school, real estate school, etc) which may. be located in various commercial districts. (5) Group Homes, Level III. (6) Hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities. (7) Mental Health Treatment Facilities including residential care. (8) Privately operated parking lots and garages (9) Refuse Transfer Stations (10) Stadiums and arenas (11) Transportation stations and terminals such as bus stations, railway stations, taxi dispatch (more than one taxi). (12) Utility Facilities such as power transfer stations (E) Review and Approval Proc...: (1) In established structures, use. shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and (I). (3) Conditional uses must be approved pursuant to Section 2.4.5(E). (F) Development Standard.: The development standards as set forth in Section 4.3.4 shall apply. 44" '. Section 4.4.21 (F) (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except ~s modified and added pursuant to the following: ( 1) Outside storage may be allowed only in rear yards and then only when screened from view from adjacent properties and public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. (H) Special Regulations: ( 1) Within the front yard setback and any street side setback area, the first ten feet (10') abutting the right-ot-way shall be a landscaped area within which no paving shall be allowed except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. On lots with a depth greater than three hundred feet (300'), the front yard landscape area shall be fifteen feet (15') in depth. i I ! ! i : , i I I I I , 1 , , i 4470 '. := ~~~...., ~ - I _I ~~ / _ d ~~ I- l:~~ - a ~f- "'" I ""'C,~ - .- - f- - /);:/,,- t- i>ff t rn~'" ',':r\ 1/ V^-. 'OA ~ T 'IL-III 11-:; I I - I 1 I..... '.... I ...~ -- "..........-~~~ ~~ II I 1 I -1 == IIIE'ãi" - _ _ 1 r/) ~ I \0--- 'J 11 ~ I I r..... J'LL/_ S IN[ ¡...... t: f- M ,'--L.J i- I T \ ,. /! "( ,..,., I T I I ~ " J ~ / T '1 ~x -- - - --, T I I 1III ~T I I I _ 1 ~ ,~,j I~ I 7 -t I ~ ~'m ~ '-IL 1. ~ v<vvIlL 11f¡ "l.] rnl " ~ \HJ I = I lie ""l J : I I I u jJ // I = C I /'/ ' __ ~ ..... - 0 I I - ~./ . ..- I ) 1"- /- / -- -= -- -...-- = 1 -- / :j~/ = ~1Jj I ~/~ r I( h ~I . -~ µ..., ~" ~ f- "1J( \ ~¡,...... ] - 1I . ! ~ J ~ FORYER yaDDU: SCHOOL SITE -HIt II - i TLAMTIC l- ,. . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tf1V1 SUBJECT: AGENDA ITEM it. ,~~ - MEETING OF SEPTEMBER 14. 1993 ORDINANCE NO. 55-93 DATE: September 10, 1993 This is the first reading of an ordinance amending Chapter 52, "Water" , of the Code of Ordinances to provide for miscellaneous text revisions, increasing water deposits for tenants, changing water rate structure to an inverted block schedule, and adding fees for various services. The most significant aspect of this ordinance is the change in an inverted block rate structure. A consumer who uses greater quantities of water will pay a greater amount per unit (1,000) . Consumers who use less than 4,000 gallons of water per month will experience a 10% reduction in their commodity charge. Commodity charges for residential, non-residential and irrigation range from $.99 (zero to 3,000 gallons) to $1. 53 (over 50,000 gallons). Also included is a clause which provides for an emergency rate adjustment for water conservation. During periods of mandated water restrictions by the South Florida Water Management District, an automatic surcharge shall be added to the commodity charges for all water used in excess of 7,000 gallons by anyone customer in any one month. This surcharge ranges from 15% to 60%. Additional fee structures are also included for meter rereads, removal of service lines, reinstallation of service line, and damage/destruction of equipment and meters. Recommend approval of Ordinance No. 55-93 on first reading. If passed public hearing September 28th. ~, .~ I~/p-t ,. ,.',,1 " - - Agenda I tern No. : /~A AGENDA REQUEST Date: 08-31-93 Request to be placed on:' X Regular Agenda X Workshop Agenda When: Workshop: 09-0'7-93; ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: ~/NO Recommendation: Approval is recommended. Department Head Signature: '-----...-..-.---"... Determination of Consistency w th City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on al1 items inv01ving expenditure of funds): Funding available: YES/ NO (if· applicable) Funding alternatives: Account No. & Description: Account Balance: City Manager Review: , Approved for agenda: @/ NO ~~~~? Hold Until: ~;t:- (,I) ¡,'fJ .' Agenda Coordinator Review: Received: Action: Approved/Disapproved " " '''. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJlv1 SUBJECT: AGENDA ITEM ~ \JJ6 - MEETING OF SEPTEMBER 14. 1993 ORDINANCE NO. 56-93 DATE: September 10, 1993 This is the first reading of an ordinance amending Chapter 54, "Sewers" of the Code of Ordinances to clarify sewer service charges for customers who do not have water service. The significant aspects of this ordinance include clarifying the charges to be paid for residential dwelling units where sewer service is available, but the dwelling is not connected to the sewer service and water service is not provided by the City. The ordinance also specifies how to calculate the number of Equivalent Residential Connections for non-residential customers, and clarifies when sewer service charges apply. This change will result in a better public policy and will not materially affect revenues. Recommend approval of Ordinance No. 56-93 on first reading. If passed public hearing September 28th. Þf rO (~) ·øA ¡)yq)u1 '. "I-·f' " . - Agenda Item No. : AGENDA REQUEST Date: 08-31-93 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: Regular: 09-14-93; Regular: 09-28-93 (lst reading) (2nd reading) Description of agenda item (who, what, where how much); Revision to sewer ordinance clarifying sewer service charges for customers wno do not have water service. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: ...YE..S./NO Recommendation: Approval is recommended. Department Head Signature: Determination of Consistency N/A City Attorney Review/ Recommendation (if applicable): N/A 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: A~~'~~~vp· Approved for agenda: @/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. ~ . . MEMORANDUM TO: WIlliam Greenwood, Director of Environmental Services FROM: Jan Williams, Utility Billing Manager THRU: Joseph Safford. Director of FÌñanc DATE: May 24,1993 :.·f . I SUBJECT: "Sewer Service Charges..()rdlnance Revision Due to the recent volume of customer complaints regarding sewer service charges where no water service is provided, I recommend that the Note In Section 1 of Ordinance 32-92 be revised as follows: (See attached ordinance) a) Where no water service Is provided and the user Is connected to the sanitary , sewer system, there shall be a monthly customer charge of $5.00 per residential unit and the commodity charge shall be based on the maximum of 12,000 gallons. This Is In addition to the capacity charges as set forth above. b) Where no water service Is provided and the user Is not connected to the sanitary sewer system. and sewer service Is available for connection. there shall be a monthly customer charge of $5.00 per residential unit and a capacity charge as set forth above. Thi~ cnange will result In a better public policy and win not materially affect our revenue. Please provide me with any comments you or your staff might have on this matter. If you approve, I will submit for an ordinance revision. cc: Robert Phillips, Utility Inspector I' 0 . - - ,. · ---- ~.- --~ ~._.._~ ~-,- ----- --,,-- --- --~..- __n_. . _._--- ----._- ORDINANCE NO. 56-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 54, "SEWERS", OF THE COD.E OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.31, "CONNECTION CHARGES; EXCEPTION" , TO CLARIFY WHEN A SEWER CONNECTION CHARGE MUST BE PAID; BY REPEALING SECTION 54.32 AND ENACTING A NEW SECTION 54.32, "SERVICE RATES AND CHARGES"; BY AMENDING SECTION 54.33, "TIME AND METHOD OF PAYMENT OF SERVICE CHARGE", TO CLARIFY THE COLLECTION METHOD OF SEWER CHARGES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Sect ion 1. That section 54.31, "Connection Charges; Exception", of the Code of Ordinances of the City of Delray Beach, Florida is hereby amended to read as follows: (A) Connection charges. (1) In addition to the rates set forth in section 54.32, there is established a sewer connection charge for each connection to the city sewage collection system. The sewer connection charge shall be $1084 for each separate residential unit or per Equivalent Residential Connection for non-residential units. wKéfé li'¡'ø løf IÍløfé If.áiallJ.é_ I_fé Ill-ll;'ó lø;. liKé I_áiaé ~féÍll_é_llé_tK/_K_XX/~é/tø;'.l~éfé~/iø/~é/_I.é~_f_ié/fé.l~ériil_X/~'¡'éXXl;'í/~;'ltt t;'I_~_fiÍlé;.t/~dlt~l;'Óølltø;.~øÍll;'ldÍlølltøøPéf_il-léøll~d~Xéiéøllféøøfi/~'¡'éXXl;'Ó d;'liltøÍl~léié_IIÍløiéXø/øfIKøiél_II_;'~/iKélllXé/_;'~/f.øflé_tKlif_lXéfl_~_téll;'l_ t.t_Uéf /~_fXI lé_tK /Xl-ll;'Ó I~rilt. /øK_U /~é /tø;.øl~éfé~ I_ I_é~_f_t.é Iféøl~é;.tl_X ~'¡'é1.tl;'Ó/d;'li A residential d~elling unit is defined in Section 54.32. (2) Connection charges by users of the city sewerage system wholly outside the corporate limits of the city are fixed at sums equal to the rates shown in the above schedule in division (A) of this section, plus 25% of each respective classification. The connection charge shall be paid to the city at the time of obtaining a permit for a connection and shall 'be in addition to the permit fee. The size of the connection shall be determined by the Plumbing Inspector in accordance with Chapters 161 and 164. (B) There shall be a non-residential sewer connection charge which i shall be based on $1084 per Equivalent Residential Connection (E.R.C.) Equivalent Residential Connection shall be calculated as follows: I I Estimated Flow in Gallons per Month ERC Units = 7,000 ORD. NO. 56-93 ,. ,,'-I . - "->------------ --_.~... ----_._-~~ Where an estimated flow is not available the following f~rrnula shall be used 11 with reference to the standard Plumbing Code adopted by reference in Chapter 161- Total Fixture Units ERC Units = 16 Section 2. That Section 54.32, "Service Rates and Charges" ,is hereby repealed in its entirety and a new sectiorl 54.32 is hereby enacted to read as follows: (A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. ( 1) "CAPACITY CHARGE." The charges calculated to cover cost incurred to have the system available and in good operating condition without regard to use, which shall include, but not be limited to, costs of minimum personnel, capital outlay, debt service, insurance, transfers, reserve requirements, and debt service coverage. (2) "COMMODITY CHARGE." The charges calculated to cover the costs which vary with the level of service provided, the amount of water produced or sewage processed, which shall include, but not be limited to, costs of personnel to operate the system, electricity, repairs and maintenance, and operating supplies. (3) "CUSTOMER CHARGE." The charges calculated to cover the costs incurred in the billing system, which shall include, but not be limited to costs of meter reading, recording, data processing, billing, and collecting. (4) "RESIDENTIAL DWELLING UNIT." One or more rooms connected together, constituting a separate, independent housekeeping establishment and physically separated from any other dwelling unit which may be in the same structure, and which contains independent sanitation, living, cooking and sleeping facilities. (8) The' following rates and charges shall be collected from the users of the city sewerage system: (1) Residential dwelling units. A monthly sanitary sewerage i ¡ service charge is imposed upon each residential .dwelling unit to which I . sanitary sewerage service is available through the municipally-owned sewerage /' ! system, according to the following schedule: I' :1 .1 Inside Outside II Residential City City II (a) Customer charge $ 1.55 $ 1.93 I ORC. NO. 56-93 '. "Id · '-...-'.--, -_._~'_.---~ ---- ,-_..~._,~,---- --~-,-_._-~_._--------<- -- ... .--- (b) Capacity charge (per residential dwelling I unit) 9.27 11.58 I (c) Commodity charge (based on metered water with maximum of 12,000 gallons): City (per 1,000 gallons) 1.08 1.35 South Central Regional Wastewater Treatment Disposal Board (per 1,000 gallons) .71 .88 Notes: (1 ) Where no water service is provided and the user is connected to the sanitary sewer system, there shall be a monthly customer charge of $5.00 per residential dwelling unit, and the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. (2) Where no water service is provided and the user is not connected I to the sanitary sewer system, and sewer service is available for connection, there shall be a monthly customer charge of $5.00 per residential unit and a capacity charge as set forth above. (2 ) Nonresidential/commercial units. A monthly sanitary I sewerage service charge is imposed upon each nonresidential and commercial unit to which sanitary sewerage service is available through the municipally-owned sewerage system, according to the following schedule: Inside outside Nonresidential/Commercial City City ( a) Customer charge $ 1.55 $ 1.93 (b) Capacity charge (per meter): 3/4-inch meter 7.62 9.53' 1-inch meter 12.73 15.91 1-1/2-inch meter 25.38 31. 73 2-inch meter 40.63 50.78 3-inch meter 88.95 111.19 4-inch meter 160.07 200.08 6-inch meter 355.73 444.66 (c) Commodity charge: City (per 1,000 gallons) 1.08 1.35 South Central Regional Wastewater Treatment Disposal Board (per 1,000 gallons) .71 .88 ORD. NO. 56-93 '. , -- --~-,.- -"_. .~-_. - ---,~~_. ----- ------..------...-.'.- -'. _.- Note: For those nonresidential/commercial units where water service is not available, and the user is connected to the sanitary sewer system or sewer service is available for connection, there shall be a monthly customer charge of $5.00 and a capacity charge as set forth above. The commodity charge shall be based on the average usage for the type of business or non-residential use. (3) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the city. section 2. That Section 54.33, "Time and Method of Payment of ! Service Charge" , Subsection (B) , of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: I (B) Sewer service charges shall apply and be collected monthly on a year-round basis whenever water service is provided and without regard to occupancy. Sect ion 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective' October 1, 1993. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR ATTEST: City Clerk ;¡ First Reading I ¡ II Second Reading ORD. NO. 56-93 '. '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJiv1 SUBJECT: AGENDA ITEM # I {2 c..... - MEETING OF SEPTEMBER 14 , 1993 ORDINANCE NO. 57-93 DATE: September 10, 1993 This is the first reading of an ordinance amending Chapter 51 "Garbage and Trash" of the Code of Ordinances to provide for increased garbage, trash, recycling and separate vegetation collection service charges and fees for residential and commercial customers and to provide for charges for 90-gallon cart service. Residential trash service rates will range from $5.62 per month to $15.17 per month, depending upon type of service; recycling services, $2.10 per unit and separate vegetation collection services $.88 per unit. The rate for mechanical containers and commercial refuse container service ranges from $31 to $1,040, depending upon the size of the container and number of pickups; and the 90-Gallon Cart Service ranges from $37 to $216, depending upon the number of pickups per week. Commercial recycling rates range from $17.98 to $570.16, depending upon number of containers and frequency of pickup. The recycling rates for multi-family units, which do receive curbside services, is $1.69 per unit. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 57-93 on first reading. If passed public hearing September 28th. ~r~ .~ f'0/~/?'!; " " - Agenda Item No. : AGENDA REQUEST Date: 08-31-93 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: Regular: 09-14-93; Regular: 09-28-93 (lst reading) (2nd reading) Description of agenda item (who, ,what, where, how much): Revision of residential and commercial garbage, trash, recycling, and vege~a~ive rates per contract requirements with Waste Management. Back-up 1S attached. ORDINANCEI RESOLUTION REQUIRED: <YËSYNO Draft Attached:C~~/NO Recommendation: Approval is recommended. Department Head Signature: Determination of Consistency N/A , Citl Attorney Review/ Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: YESI NO (if "applicable) Funding alternatives: Account No. & Description: Account Balance: ; City Manager Review: Approved for agenda: @/ NO PM Hold Until:' Agenda Coordinator Review: Received: Action: Approved/Disapproved .. ,.I·,I, " MEMORANDUM TO: Joseph Safford, Director of Finance ~ FROM: Jan Williams, Utility Billing Manager DATE: August 18, 1993 SUB..ECT: PROPOSED COMMERCIAL AND RESIDENTIAL GARBAGE RATES I am recommending that the City Commission approve increasing the service fees for garbage and trash pursuant to the following: RESIDENTIAL GARBAGE SERVICE: (1 ) The contract with Waste Management provides for an increase in the collection portion of billings based on the change in the Consumer Price Index for the previous year. This year's index is 3.00./0. Residential customers will continue to be fully assessed for disposal costs by the SWA at an annual rate of $53 to $158 per unit. (2) The portion of the rate attributable to the continuous trash pick-up program has been adjusted by the CPI index. (3) The residential curb-side recycling rate will increase to $2.10 from $2.04 due to the CPI adjustment. (4) The vegetative collection route added in 1992 will cost residents $.88 per unit per month; up from $.85. CßMMERCIAL GARBAGE SERVICE: . (1) The Solid Waste Authority will continue to assess commercial parcels on a split basis. The tipping fee will increase from $43 to $46 per ton for commercial customers in our rates. (2) Waste Management bills and collects for commercial and multi- family garbage and recycling services. These rates have been adjusted by the CPI index. (3) Effective October 1 , 1993, there will be a "com mercial cart" service for non-residential customers who do not require a dumpster or cannot have one because of space limitations. Waste Management will be billing and collecting for this service. These new rates have been incorporated into the ordinance. A copy of the revised ordinance with the new rates indicated is attached for your review and approval. Back-up schedules are also attached. for your review. ,. " RES I DENT! AU TYPE A TYPE B TYPE C TYPE D TYPE F TYPE 6 TYPE H COLLECT! ON: BASE BID $4.15 $4.65 $1. 00 $3.15 H.15 3.561 CPt-YR. 1 $0.15 $0.11 $0.04 $0.11 $0.15 3.M1 CPI-YR.2 $0.16 , $O.lB $0.04 $0.12 $0.16 3.111. CPI-YR.3 $0.14 $0.16 $0.03 $0.11 $0.14 1.301 CPI-YR.4 $0.06 $0.07 $0.01 $0.05 $0.06 4.227. CPI-YR.5 $0.20 $0.22 $0.05 SO.15 $0.20 4.B07. CP1-YR.6 $0.23 $0.26 $0.06 $O.lB $0.23 4.607. CP1-YR.7 $0.23 $0.26 $0.06" $0.18 $0.23 $5.97 $4.05 6.107. CPI-YR.B $0.32 $0.36 $0.08 $0.25 $0.32 $0.36 $0.25 2.707- CPI-YR.9 $0.15 $0.17 $0.04 $0.12 $0.15 $0.17 $0.12 3.007. CPI-YR.I0 $0.17 $0.20 $0.04 $0.13 $0.17 $0.20 SO.13 --------------------------------------------------------------------.--------------- $5.96 $6.70 $1.45 $4.55 $5.96 $6.70 $4.55 PER TON $18.50 BASE BID n.l0 $3.10 $3.10 $3.10 $3.10 $26.00 SWA-tNCREASE $1. 26 S1.26 $1.26 $1.26 $1.26 $30.00 SWA-INCREASE $0,67 $0.67 $0.67 $0.67 $0.67 $33.50 SWA-INCREASE $0.59 $0.59 $0.59 $0.59 $0.59 $46.50 SWA-INCREASE $2,18 $2.18 $2.18 $2.18 $2.18 ------------------------------------------------------------------------------------ TO BE BILLED ON TAX NOTICES -----------------------------------.------------------------------------------------ SUB-TOTAL $5.96 $6.70 $1. 45 $4.55 $5.96 $6.70 $4.55 ----.------------------------------------------------------------------------------- ~ JECYCL I N6 $2.10 $2.10 $2.10 $2.10 $2.10 $2.10 $2.10 I . BULK TRASH $4.17 $1.47 $0.49 $1.47 $1.47 $4.17 H.17 GREEN ROUTEU $0.88 $0.88 $0.88 $0.88 $0.88 $0.88 $0.88 -------------------------------.-----------------.---------------------------------- SUB-TOTAL $13.11 $11.15 $4.92 $9.00 $10.41 $13.85 $11. 70 ADM. FEE $0.35 $0.35 $0.35 $0.35 $0.35 $0.35 $0.35 OVERHEAD (7%) $0.92 $0.78 $0.34 $0.63 $0.73 $0.97 $0.B2 ----------------------------------------------------------.-------.----------------- SUB-TOTAL $14.38 $12.28 $5.62 $9.98 $11.49 $15.17 $12.87 RES EGUlV $0.00 $0.00 SO.OO $0.00 SO.OO ' $0.00 $0.00 ------------------------------------------------------------------------------------ RATE REO'T $14.38 $12.28 $5.62 $9.98 $11.49 $15.17 $12.87 ,. ,;1,. ,. I OO~OOOOOO~OO~OOOOOOOOOOOOOQO~O "" W LU t-') I UJ t...:I .- 0-- I OO~~O~~O~OO~~OOOOOOOOOOO~O~OOO 0:: z: <C '"' I Ñ~ñ~~~~Ö~~~ÑM~O~~~Ñ~~òÑø~~~~~ó """"'" <I: a:: .... 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I lJJ C!:I Z I UJ 0:: ..... ::::t I :::> I .... en I ~~~.......~~NNNN~MM~M~~~~~~~~~~~~~~~ 0.. ::..:: I W :::. =- I d :..:: I '" <...> 0::: I rJ) _LLJ I 0.. 0.. I - I IX I NM~~mNn~~ro~~~~~N~~~ØNM~~~NM~~~ :z: LLJ I I- ..... I :z: __ I &::I en I <...> I ,. ¡.,., Waste Management of Pal m Beach ~ A WMI Service Center A Waste Management Company 651 Industrial Way 'eJ Boynton Beach, FL 33426 (407) 547-4000 (407) 272-5855 August 17, 1993 City of Del ray Beach 100 NW 1st Avenue Delray Beach, FL 33444 ATTENTION: Jan Williams SUBJECT: RATES FOR 90 GALLON COMMERCIAL CART SERVICE Dear J an, In an effort to continue to provide customized service and satisfaction to the commercial establishments of the City, we are happy to provide 90 gallon cart service to those businesses that do not or cannot use a FEL container. We will begin to provide this service effective October 1, 1993, at the foHowing rates: Service Frequency Ix 2x 3x 4x 5x 6x Flat Rate $32.00 $62.00 $94.00 $125.00 $156.00 $186.00 ~~ Disposal 5.00 10.00 15.00 20.00 25.00 30.00 Total Rate $37.00 $72.00 $109.00 $145.00 $181.00 $216.00 Note: These rates are for each 90 gaHon cart ordered for service. If you have any questions or concerns, please ca1l me at your convenience. Sincerely, : ~,~ '? Charles C. Hayes III Vice President and Contro1ler cc: Floyd Cherry ~ "ij.1 ,.,--- -- -. - . ___________w___'·_~·__"·_·_·~_ _,___ .~--~'--,,-,,---- ---.-- ---.. ORDINANCE NO. 57-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES" , SECTION 51. 70, "REGULAR CHARGES LEVIED" , TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SERVICE; TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR AN INCREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR RECYCLING SERVICE; TO PROVIDE FOR AN INCREASE IN THE FEE FOR SEPARATE VEGETATION COLLECTION SERVICE; TO PROVIDE FOR CHARGES FOR 9D-GALLON CART SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", "Rates and Charges" , Section 51.7D, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 51. 70 REGULAR CHARGES LEVIED The following service charges or fees are levied for garbage and trash service: í (A) Charged for the below-described garbage and trash pick-up service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51-72 : (1 ) For those customer receiving Type A, roll-out cart service, the service charge shall be lUlU $14.38 per month for garbage and trash pickup. However, the levy for "Tropic Palms and Palms of Delray" (known as Type F) shall be 111111 $11.49 per month for garbage and trash pickup. (2) For those customers receiving Type B, rear-door/side:" door service, the service charge shall be UtlU $12.28 per month for garbage and trash pickup. ' However, the levy for the area bordered by N. W . 22nd Street on the north, Old Dixie Highway on the east, Lake Ida Road on the south and N.E. 2nd Avenue on'the west (known as Type G) shall be '1411J $15.17 per month for garbage and ~rash pickup. ORD. NO. 57-93 '. ..", .. , ..----- -_._-~-_.."-'--" --.--.- ..~ --.--.------..--. ._---,.--,~_.__._.,--_.~--~. , (3) For those customers receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be "1''1 $5.62 per month for garbage and trash pickup. (4) For those customers receiving Type D, curbside in owner's container (or for those customers who, by reason of disability, as certified by a doctor and previously approved by the city, are unable to place refuse containers on the street, and whose collection by the city or its contractor is thus pursuant to the Type B, rear-door I side-door service)" the service charge shall be UI'IØ $9.98 per month for garbage and trash pickup. And the levy for the area bordered by S.W. 10th street on the north, Federal Highway on the east, Linton Boulevard on the south and 1-95 on the west (known i as Type H) shall be lUlU $12.87 per month for garbage ¡ and trash pickup. I ! NOTES: (a) Residential customers shall be assessed a 12/Øl $2.10 per unit charge for recycling service (included in rates set forth above). (b) Residential customers shall be assessed a ,¡ I/U $.88 per unit charge for separate vegetation ,I collection services for all curbside residential dwelling I units. (included in rates set forth above). The I effective date for this service is October 1, 1992. !! (B) Mechanical containers and commercial refuse container :1 service. II (1) For customers receiving Type E, mechanical containers II and commercial refuse container service, the service " charge shall be based upon the following for such garbage and trash services: Commercial Residential Monthly Monthly Container Container Container Charge Size Charge (Collection (Square Pickups (Collection and Disposal Yard) Pèr Week Charge Only) Charge)' 2 1 $ 31 IIØØ 52 3 1 '2 43 'It 74 4 1 U 52 .ø 93 6 1 1t 73 Uø 136 8 1 øø 90 t" 174 ORC. NO,. 57-93 .. ".,.., - -- --.------ "-- ~-. -. -- I ------~-. --- - _.~----- .------- ---"--_.-. _..--<-- , -_.-, - -.<---------" -- , 2 2 ~ø 62 " 104 3 2 au 85 U1. 148 4 2 XU 106 XU 190 6 2 U1. 146 1.~ø 271 8 2 t.U 180 U1. 347 2 3 Øt. 93 Uf 156 3 3 XU 128 1.U 222 4 3 XU 158 1.1t. 283 6 3 1.U 219 IU 407 8 3 1.~1 269 ,(fØ 520 2 4 t.1.t. 124 Uf 207 3 4 t.U 171 1.ø,( 296 4 4 1.ø~ 210 1~1. 377 6 4 1.Ø~ 292 ~t.f 542 8 4 Ut 359 ~U 694 2 5 XU 155 1.'(f 259 3 5 1.øø 213 IU 370 4 5 U1 263 AU 472 6 5 IU 365 6'(f 678 8 5 Alf 449 Ø'lf 867 2 6 t.øt. 186 Uø 311 3 6 Uø 256 AU 444 4 6 IØØ 316 UI 566 6 6 ,(1.1 438 11Ø 814 8 6 ~U 539 ØU 1,040 ; : I (2) Multiple-family dwelling units containing five units o~ ¡ more shall use containers emptied by mechanical means, í except as otherwise approved by the city because of I lack of suitable space for a mechanical container or i i other good reason. " i (3) Commercial customers shall use mechanical containers and !i I commercial refuse container service (Type E). Commercial i customers shall include, but not be limited to, all office :/ buildings, stores, filling stations, service establishments, light industry, schools, churches, clubs, , lodges, motels, laundries, hotels, public buildings, food !i 'I service, and lodging establishments. Commercial customers I may use any of the following containers for accumulation , I of refuse: I ( a) Commercial refuse containers. The city shall require any commercial customer needing more than I six refuse containers to use mechanical containers, if feasible. (b) Mechanical containers. I ORD. NO. 57-93 '. ,,~.. I "_.-.- ~----_.- .---- u'_"___'_ .'__ ----------"--- ---....- ---. container; however, in no event shall the monthly service charge be less than $31 for residential dumpster service and ,~ø $52 for commercial dumpster service. The term "CUSTOMER" as employed herein is any person using the service or to whom the service is available. Even if the customer is different from the person who is actually billed for or pays for the service, the minimum monthly charge referred to above shall be calculated as to each customer. (D) Commercial Rates for Recycling I Container Size Pick ups per Recycling Monthly (square yard) week Billing Rates 96 gal 1 U'1J~~ $ 17.98 2 1 ~1.1 tø 43.37 3 1 ~~/~~ 57.12 4 1 1~/ØØ 78.27 6 1 tØØ/U 103.66 8 1 tU/U 130.11 96 gal 2 1.~/1Ø 27.51 2 2 U/"1 65.58 3 2 U/U 85.68 4 2 ttøttø 121. 65 6 2 U~/~~ 170.30 8 2 UtlU 217.91 96 gal 3 U/øt 35.96 2 3 U/U 86.74 3 3 tøØløø 113.18 4 3 tU/U 166.07 6 3 l.U/U 246.47 8 3 U11Ø~ 306.77 96 gal 4 ~"U 45.49 2 4 tØ~/1Ø 108.96 3 4 tU/U 141. 74 " ; 4 4 1.UI!~ 209.44 , '! 6 4 l.UI11. 302.54 8 4 ~Ø'AlØ1 394.57 96 gal 5 U/~Ø 55.01 :1 2 5 U'1J~~ 131.16 'i 3 5 t"~/U 169.25 I I l.~"/~Ø : 4 5 253.88 'I 6 5 U1/~Ø 368.12 :1 8 5 ~"Ø/U 482.36 :\ 96 gal 6 U/U 64.52 II 2 6 t~Ø/øt 153.38 ! 3 6 tøtlø1. 196.75 I 4 6 l.øØlU 298.30 I 6 UXJØ1 433.71 I 6 I 8 6 "'AI" 570.16 ORD. NO. 57-93 \ '. .., ; ~ _.n" . ---~. .-.__.~ -'- ------,----- . ~---~~,~---~~ ..~-------_.,~-_.__.--.. (E) Multi-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be assessed a monthly charge of u."~ $1. 69 per ! unit which shall be billed by the contractor. Section 2. That all ordinances or parts of ordinances 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 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, and the changes set forth herein shall be applicable to all bills rendered on or after October 1, 1993. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR , , I ¡ I I í ATTEST: I I I ,I I ¡ I City Clerk ¡ I , ; I ¡ First Reading I I ¡ I '! Second Reading , ,I rI if ! ORD. NO. 57-93 I - . '. ''';1' · PRESENTATION TO THE CITY COMMISSION MEETING September 14, 1993 Knowing that the economic element in the City's Comprehensive Plan is an "optional" element under FAC 9J-5, most municipalities, large and small, have an economic element in their Comprehensive Plans. I have looked through the Delray Beach Comprehensive Plan and I see nothing that deal with managing the City's efforts to increase opportunities for small, minority and women business enterprises and nothing to enable these enterprises to compete more effectively in the sector in which they are currently attempting to operate. there is nothing to increase economic viability in the community. The Delray Beach Center for Technology, Enterprise & Development, Inc., (The TED Center), understands that a viable economic development plan will bridge the gap between the "haves" and the "have nots". Also, it will increase the tax base in the target area in Delray Beach. Understanding the City is run as a business, The TED Center feels this is a business investment. Attached is an update on the TED Centers activities and how it will economically impact this community. THE CENTER FOR TECHNOLOGY, ENTERPRISE & DEVELOPMENT, INC. Update to the City of Delray Beach In June Art Fleming from the Consortium approached the TED Center to see if we would be willing to participate in a "Restoring Our Neighborhood" program. They had 6.2 million available to do new construction and rehabilitation. We met with Ms. Lula Butler, Director of the Community Improvement Department for the City of Delray to obtain their support which was a necessary element for our participation. Since June 22 and September 9th, 1993, we have interviewed thirteen contractor to determine their eligibility. '. '. Pg. -2- Builders non-minority minority Grey yes DonClay yes· Griffin yes· Kelley yes Megillin yes Abisset yes Harris yes Pro-Form yes Janssen yes· Woolard yes· AAM yes· PRG, Inc. yes Calibrated yes· · indicates seminar participation - two (2) non-minority Four (4) minority Of the thirteen, six participated in the Home Buyer's Seminar - 2 non-minority - and 4 minority On July 24th, we held a seminar to bring contractors, lenders, and vacant lot and homes together. * Results: Participants Contracts Pending Gmæ1s from the seminar 9 3 1 from ground breaking 6 builder providing clients 12 4 6 from Housing Authority 2 1 from the CRA 2 1 6 TOTALS: 29 8 14 .. '. Pg. -3- To date we have received 76 inquiries. 16 have been disqualified 16 have yet to return pre-qualified applications 8 are waiting for results on pre-qualifications 14 are in credit repair process 6 are trying to identify builder and/or lot 7 have identified builder and/or lot and are pending contract 8 are contracted and in loan processing 1 is pending contract with the CRA As you can see in less than 90 days we have process 76 applicants, brought eight applicants to contract, are working with 14 in credit repair, are helping 6 to identify builders, floor plans and lots, and are helping to bring 7 more to contract. These are the figures concerning economic impact that we have been able to determine as a result of our efforts in this short time. FINANCIAL IMPACT TO THE COMMUNITY: New Construction Land Rehab Totals 8 contracts 463,822 69,000 70,000 602,822 14 pending 676,520 92,500 57,800 826,820 (Information on 3 not available) TOTAL IMPACT TO COMMUNITY TO DATE: 1,140,342 161,500 127,800 1,429,642 We have determined that it takes approximately $1,0000.00 to market 22 deals. The Administration, construction review, and the support/nurture in the follow-up programs we have initiated runs $750.00 per unit. Marketing $1,000.00 total $1,000.00 Administration 250.00 per unit 5,500.00 Construction 250.00 per unit 5,500.00 Support/Nurture 250.00 per unit 5,500.00 --------- --------- $ 17,500.00 '. " Pg. -4- To date our per unit cost to function is $921.00. 17,500/19 = $921.00 cost per unit The economic impact to this community averages $75,244 per unit $ 1,429,642/19 = $ 75,244. avg. cost per unit Our administration is no more than 1.22 % of the unit cost. Note: These number are based on direct Housing Administration expenditures. It does not include the Executive Director, Assistant Director, and Financial Departments. ****************************************************************************** The TED Center has had a short term economic impact of $1,429,642 in new construction into the target community of Delray Beach. Hopefully, this will have a long term economic impact in increasing the tax base to the community of $ 745 per unit per year. In addition, we have out of the 22 contract been able to remove 3 from government subsidized housing. It will also have an impact in increasing the property value from an average of $45,000.00 to $60,000 to $70,000 avg. Hope 3 - The TED Center will be participating in the Hope - 3 program as a joint venture with Indiantown Non-Profit, Inc. by rehabilitating 5 properties within the Delray target area. Incubator Program - We have at the moment six clients that we are trying to incubate. One of them is looking into the possibility of building on W. Atlantic. We have grants pending for the incubator with Palm Beach County, the Knight Foundation, and the Lattner Foundation. '. .. '- When we decided to leave our condominium in Ft. Lauderdale, we . looked at all areas. We were impressed with Delray Beach, partly because of the green lawns and foliage and also from reading in the newspapers that Delray was striving to have all (even older) hoµses landscaped. Delray seemed like a progressive city and we assumed that it was well managed. We are not so sure now after hearing about the newest proposed r~te increase for water consumption from what we consider already high rates. It appears that many people will not be able to continue planting new trees (for the environment) and maintaining existing lawns, etc. ~I was treasurer and accountant for a 27 unit townhouse condominium .in Ft. Lauderdale for 9 years and I am shocked that our water and sewer charges here in Delray are almost 4 times the monthly amount in Ft. Lauderdale. The condo units were 2,000 to 3,000 sq. ft., with 2% baths each, fully landscaped property (almost 1 block long), including sprinklers and a large swimming pool. I borrowed their bills and recapped water and sewer charges for the last 8 years. The average unit charge for the 8 years is only $19.89 per month, The average unit charge for the past year is only $20.82 per month. Our average charge for Delray for the year ending 6/30/93, even though we did not completely move in until 6/30/93 because we had to stay in Ft. Lauderdale to sell the townhouse, is $79.27 per month. The water and sewer charge was only for landscaping maintenance (no clothes washing, etc.) We feel there must be something wrong with the w~r and sewer management if the monthly cost average is almost 4 times (3.81%) more in Delray. Instead of putting through more increases, --nelray should do some studies to see why other communities can manage to keep the costs so much lower. We understand the City taxes for Delray are the highest in Palm Beach county (about double that of Boca Raton)and that you are voting to really increase the current rate. Our friends who were considering Delray and now thinking other cities would be more affordable. {;' [72 t"J IT L/ -;" -7<>.z c~ / ) /Af'}!,(j l,/ v'--r',~¿~/ "~fi Sr::: r L/ " ,-' , '- ( 'ItA ---- ¡,7 ) (1;1 L- 4-Ô;2 I )-4 LC'IÎ-Y 2 'ít ), ' - CJ-Uc.-,/,~:'nH_ ,é¿-tL,.{L f)L/K' ~ I ,,/ nL':l ' '-... (j J /cAI') ( Lf / 7 ') ¿ -3 7 / C¡J, / --ý {J , , /..., / 11'. . ., - u'''¿ LdJ. ur.<"/ 0-1 :d:<.. .Æû¿~ì¿ I 1<)~ û·d,"",~ (' )..., / ¿' '-1' Z - / / -- t r ' ?¡"--r,¿,, ¡... , , '. - /, -. " --t1/ ,,;{, /J. 6- /- ' ¿;[" ' G L, '-<'( 'L,-<--C-t: ( ~è-<:-:j /c' [Cc '- ;/¿<-ZL. .1 ¿, ~ -- 'C.k-h ,"--~' -' .. " ......, I",;,) N N INN N N N f'-,, N=fc - I--' - - I I--' I--' I--' - I--' 1 I--' I 'I I .. ,-- -" ~ 0 \0 (X) -.I 0\ V\ I ..þ. I ~ N I--' 0 \.() co -.J 0\ I U1. ...þ. v,) N ........ I 0 \0 00' -.I '. 0\ V\ ...þ. 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