The URL can be used to link to this page

12-14-93 Regular ~ DRlAY ftAOt . , . . . . , GITY OF DELRAY BEACH. FLORIDA - ~¡¡Y ~QMMISSION REGULAR MEETING~ DECEMB~II 1~. 192> - 6;00 P.M. /PUBLIC HEAUNG - Z;OQ P,M. '1111 COMMISSION CHAMBERS ! 1 qq 3 The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Doug Randolph, (407) 243-7127, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. 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. Generally, remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on 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 thls section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, 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 individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission members present. " ,.;". " . City Commission Regular Meeting 12/14/93 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. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. 5. Approval of Minutes: None. 6. Proclamations: None. 7. Presentations: A. Robert G. Currie of Robert G. Currie and Associates B. Consider presentations from Architectural Firms reo Golf Course Clubhouse Project, rank the top three of four firms and authorize staff to negotiate a contract with architectural services. 8. Consent Agenda: City Manager recommends approval. A. AGREEMENT WITH OLD SCHOOL SOUARE. INC. : Approve an agreement with Old School Square, Inc. for a concert to be held at the Tennis Center on'December 17, 1993. B. REOUEST FOR SPECIAL EVENT PERMIT: Approve a special event permit for the Florida Jaycees to hold a carnival on the southeast outparcel of the Delray Mall on January 5 through 9, 1994. C. REOUEST FOR SPECIAL EVENT PERMIT: Approve a special events permit for the 6th Annual Downtown Delray Beach Arts Festival to be held January 15 and 16, 1994, in the parking lot adjacent to Veterans Park and Atlantic Plaza. D. RESOLUTION NO. 110-93: A resolution vacating and abandoning three" general utility and one water easement located within Tracts Band C of the plat of Congress Park South. -2- --,--,-- City Commission Regular Meeting 12/14/93 E. FINAL PLAT APPROVAL/CONGRESS PARK SOUTH: Approve the final boundary plat for Congress Park South located west of Congress Avenue, between Atlantic Avenue and Lowson Boulevard. F. FINAL PLAT APPROVAL/BENNETT AUTO PARTS: Approve a minor subdivision plat for Congress Square which creates an outparcel from the existing Tract C to accommodate Bennett Auto Parts. G. ACCEPTANCE OF SETTLEMENT OFFER: Accept an settlement offer in the Salena Williams vs. the City Delray Beach. H. CHANGE ORDER NO. l/HARRY PEPPER: Approve a change order which extends the contract completion date by 30 days for the In-Line Booster Master Pump Station and Transmission System Improvements. I. REVISED FINAL PAYMENT/DUTCH CONSTRUCTION COMPANY. INC. : Approve the revised final payment to Dutch Construction Company, Inc. ($2,000) and Wausau Insurance Companies ($5,145.32) for completion of the Atlantic Avenue Beautification Project/I-95 to Swinton Avenue¡ with funding from Decade of Excellence Bond Issue - Atlantic Avenue 1-95 to Swinton Avenue (Account No. 225-4141-572-61.49). J. CHANGE ORDER NO. 5 AND REOUEST FOR FINAL PAYMENT/DUTCH CONSTRUCTION COMPANY. INC. : Approve a change order in the deduct amount of $5,958 and a request for final payment in the amount of $44,995.03 to the contract with Dutch Construction Company, Inc. for completion of the Veterans Park Redevelopment Project; with funding from Decade of Excellence Bond Issue Phase II - Veterans Park Redevelopment (Account No. 225-4126-572-61.63) and General Construction Fund - Veterans Park Redevelopment (Account No. 334-4126-572-61.63) . K. CHANGE ORDER NO. 1 AND REOUEST FOR FINAL PAYMENT/DUTCH CONSTRUCTION COMPANY. INC. : Approve a change order in the amount of $1,209.10 and a request for final payment in the amount of $5,080 to the contract with Dutch Construction Company, Inc. for completion of the Veteran Park Gravity Sewer System project; with funding from Decade of Excellence Bond Issue Phase II - Veterans Park Redevelopment (Account No. 228-4126-572-61.63) and Water and Sewer Renewal and Replacement - Sewer System/Mains and Lines (Account No. 442-5178-536-60.66) . L. RESOLUTION NO. 109-93: A resolution assessing costs for abatement aètion required to demolish an unsafe structure at 204 N.W. 13th Avenue. City Manager recommends approval. M. AWARD OF BIDS AND CONTRACTS: 1. Life Insurance - North American Life in the annual amount of $63,000 with funding from Insurance Fund - Life Premiums (Account No. 551-1576-691-45.40). 9. Regular Agenda: -3- ,. ',"" City Commission Regular Meeting 12/14/93 A. REOUEST FOR CONDITIONAL USE APPROVAL/SOUTH FLORIDA SANITATION: Consider a request for conditional use approval to establish a resource recovery facility in the Mixed Industrial Commercial (MIC) zone district, located north of N.W. 1st Street, between N.W. r8th Avenue and the CSX Railroad. Planning and Zoning Board recommends approval, subject to conditions. B. APPEAL OF AN HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of an Historic Preservation Board decision denying a request for waiver of the sidewalk installation requirements for Skinner Dental Lab located at 703 N.E. 3rd Avenue. C. AWARD OF BID FOR HEALTH INSURANCE: Consider awarding the bid for Health Insurance to Anthem Insurance Company in the annual amount of $ 1 , 887 , 550 with funding from Insurance Fund - Health Claims (Account No. 551-1576-591-45.41). D. ADDENDUM TO LICENSE AGREEMENT BETWEEN THE CITY AND ISAN CHARTERS. INC. : Consider a modification to the existing license agreement with ISAN Charters which extends the agreement an additional seven years and allow the boat to travel to more lucrative markets between June 1st through September 15th. City Manager recommends approval. E. RESOLUTION NO. 107-93: A resolution authorizing the execution of an Interlocal Agreement with Palm Beach County to provide for the annexation of Enclaves pursuant to Section 171.046, Florida Statutes and authorizing the Mayor to entertain and approve minor modifications to the Agreement as may be requested, or required, by the Board of County Commissioners. City Manager recommends approval. F. REVISED CAPITAL IMPROVEMENT PROGRAM FOR STORMWATER UTILITY: Approve a revision to the Capital Improvement Program for the Storm Water Utility Fund projects which reallocates funding for the Lake Shore Drive Retaining Wall project. City Manager recommends approval. G. SERVICE AUTHORIZATION NO. ll/0'BRIEN. SUITER AND O'BRIEN: Consider a service authorization in the amount of $24,975, with a $5,000 contingency, to the contract with O'Brien, Suiter and O'Brien for surveying services for the raw water main from Linton Boulevard to the Golf Course; with funding from 1993B Water and Sewer Revenue Bond - Wells Morikami (6) (Account No. 440-5179-536-63.61). City Manager recommends approval. H. THIS ITEM WAS REMOVED. 1. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint members to fill the general contractor, real estate person, layperson and alternate position on the Code Enforcement Board to terms ending January 14, 1997. 10. Public Hearings: A. ORDINANCE NO. 84-93: An ordinance adopting Comprehensive Plan Amendment 93-2 pursuant to the provisions of the "Local -4- .. City Commission Regular Meeting 12/14/93 Government Comprehensive Planning and Land Development Regulations Act" , Florida Statutes Sections 163.3161 through 163.3243, inclusive. Planning and Zoning Board recommends approval. 1I. Comments and Inquiries on Non-Aqenda Items from the Public- Immediately following Public Hearinqs. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 85-93: An ordinance amending Chapter 33, "PolicS and Fire Departments", Subheading "Pensions", of the Code of Ordinances by creating new Sections 33.685, "Deferred Retirement Option Plan" ; 33.687, "Early Retirement Incentive" , and 33.689, "Retirement Benefit Enhancement II. If passed public hearing January 14, 1994. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -5- -. ''''1> . ~ elf( V)VJ _2'::, S\.:at'n.:Cll' ROBERT G. CtJRRIE & ASSOCIATES. INC. Lkìr:!y Ikelch, f'1. Architeds. Planners & Interior Designers ~~~~rU j (~t¡;) :2"76-.;(JS I November 30, 1993 -'9~ ~ 1Ia,. O~ r ~ v' l->... Mr. David Harden, City Manager ':<1. \> --¡', City of Delray Beach "\'f 1 00 Northwest 1 st Avenue Delray Beach, Florida 33444 Dear Mr. Harden: Please accept this letter as a formal request to be placed on the City Commission's December 14th meeting agenda. The purpose for the request is to present the Commission and Chief Koen with an award certificate recently received by my firm for Delray Beach Fire Station #2. The design award was given by the Palm Beach Chapter of the American Institute of Architects. I would like to make the presentation in the form of a wrapped holiday gift, so if possible I would prefer that the full nature of the presentation not be spelled out on the agenda. The presentation should not take more than three to five minutes. Your consideration of my request is appreciated. ..... --::::> f'.' \11)71 ;',j\ c~ I f;,¡ :\,..\( ..,-~( L;.~ -" 1 7A . " [IT' DF DELRA' BEA[H DELRA Y BEACH f LOR I D " ~ 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 AII·America City , ~ II t! MEMORANDUM 1993 TO: David T. Harden, City Manager FROM: fJ/> Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM #;!~ CITY COMMISSION MEETING 12/14/93 ARCHITECT SELE TION - GOLF COURSE CLUBHOUSE DATE: December 10, 1993 ACTION City Commission is requested to interview four architectural firms short-listed by staff for the golf course clubhouse project, rank the firms, and direct staff to begin contract negotiations with the top-ranked firm per State Statute 287.055 "Consultants Competitive Negotiation Act." Staff has followed this Act and our ordinances in developing a short-list. In summary, the Act requires public announcement of the services required and evaluation and selection based on various factors. These factors include information submitted on 254's, 255's, capabilities of firm and staff, adequacy of personnel, experience, availability of services, licenses, past performance, location, whether firm is a minority firm, and firms' willingness to meet time and budget requirements. Service fees cannot be considered. The Act requires the short-listing and interviewing of not less than three firms, and selection of the firms in order of preference. BACKGROUND A "Request For Qualifications" for architect services for the golf course clubhouse was advertised in local newspapers and sent to over 60 firms on November 5, 1993. Twenty-four firms responded to the RFQ. A list of the submittals is attached. Services to be provided include space needs analysis, site planning, design, specification and contract document preparation for bid, bid analysis, and contract management. ® Printed on Recycled Paper THE EFFORT ALWAYS MATTERS .. " Agenda Memo # Architect Selection - Golf Course Clubhouse Page 2 A review team consisting of myself, Lula Butler, William Greenwood, and Brahm Dubin was formed to review, rate, and rank the proposals. Due to Mr. Greenwood's illness, Mr. Hayden performed the initial review for Engineering. Areas rated on a 1-10 scale included 1) staff capacity to complete the project on time, 2) staff design experience in golf course clubhouse and/or banquet/restaurant facilities, 3) firm experience in design of golf course clubhouse and/or banquet restaurant facilities, 4) interior designer experience in golf course clubhouse and/or banquet/restaurant facilities work, and 5) business stability. In addition, completeness of submittals, insurance requirements, interior designer certifications and licenses, and past work history were considered in developing a preliminary short-list. Team members met after each completed their own individual rankings. Ten firms were initially ranked by each member, rankings were combined and a preliminary short-list of seven firms was developed for interviews. The review team interviewed all firms (six in person and one by telephone). Firms made a brief presentation and were asked a set of standard questions. Based on our rankings, interviews, and professional judgement, staff recommends the following firms in order of ranking for Commission consideration: Average Rankinq 1. Schwab, Twitty and Hanser 1 2. Steven Boruff (Certified Minority Business) 2 3. Digby Bridges, Marsh and Associates 3.5 4. Chapman, Coyle, and Chapman 4 All firms are utilizing a female owned interior design company as a sub-consultant who is located in Delray Beach. The top two rated firms were the unanimous selection of all the interview team members. A spread sheet illustrating the average initial ratings of all firms, analysis sheets, and a synopsis of the preliminary answers to our questions by the firms interviewed are attached. Copies of the interview team's rating sheets, as well as drawings and RFQs submitted by other firms, are available in my office for review by City Commission. RECOMMENDATION Recommend Commission consideration of staff recommendation. RAB:kwg Attachments .. I I I I , I I I '" \ I '" '" '" '" '" '" '" '" '" '" '" " '" '" '" I '" N " N N '" N '" " N N N '" " N ,...: ,...: ~ I a:. ~ a:. ò ~~ 'D ...... 'D 1 N N N N ...... ...... ..;' '" " ..;' " " C") C") N C") C") C") ..;' I C") C") ..;' N C") N C") ..;' C") C") C") C") ..;' C") N N HE-< I 00 I PooE-< z z :>< :>< :>< :>< z :>< :>< :>< :><a :>< :>< :>< :>< :>< :>< z z :>< z z z :::>:::> tn .., tnO'E-<~ ~~!i!~ 0 z ::¡ < ~ :;!: fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ fJJ :;!:;x:: 0 Q Q Q Q Q Q Q Q Q Q Q Q 0 Q Q Q Q Q Q Q Q 0 0 HU~H :>< :>< :>< :>< :>< :>< :>< :>< :>< :>< :>< :>< z :>< :>< :>< :>< :>< :>< :>< :>< z z ::J:E-<jE-< ~~ Poo :.:: 0 Q~P1- tn¡:: '" '" '" .,., '" '" '" '" '" '" '" '" '" " '" N N N " N N N " N '" '" " '" '" 0 '" '" 0 0 " N tn H -.ë cÔ cÔ cÔ a:. cÔ -.ë cÔ a:. a:. cÔ -.ë -.ë ~...1 " " " 00 " '" '" " " " :;!:HE-< H~Þ ~E-<~ <Qu>H I ::.: u> 1 ~ :;!: ~ fJJ H 0 H >~ E-< H p::p:: H '" '" '" Q '" '" '" '" ~u:> O~ ...1 '" '" 0 " N N '" ~ '" '" "; 0 '" 0" '" '" 0 '" '" " 0 " N p:::::> H:;!:"'H -.ë ~ ~ -.ë a:. -.ë a:. ~ a:. ~ a:. a:. .; .., ~~ p::ø ,:Q '" '" Q 0"> C"'\ 'D 0"> '" " " '" ~H~< e Q H<Q E- p.., e E-<::> :;!:~ < ~ Q H...1 H<=>E- I C"'\ fJJ < p:: ,:Q .., E-< ::> ~:::>E-< ;:... 00 ...1~ .a e ç: E-< ¡;: HU::> Q ¡.., 0' "" .,.; a i~ ~Ö~~g5 '" '" '" '" Q '" "'''' "'...... '" '" '" Q " 0 N " L1'\ N L1'\ .., 0 0 '" 0 " " N " " 0 '" '" 0 " N 0 H :;!:<Q H -.ë ~ ~ a:. C\I -.ë ~ ..., -.ë ~ ~ '''; Poo~ E-< " " '" H " 00 " ..;''D "...... ~ -.ë 00 -.ë '" ;: H H -. H Q co up::~<...1 ;:... .-i Q cní? Z~U>E-<H .-i H ~~5g5~ ç: fJJ ~ p:: 0 ~ Q p..,~;x::p::¡.., u C!I ç: ;;¡ -d b() C\I ç: H ~ ~ Q '''; ;: > UE-< .., ...... fJJ < Z~ fJJ ...... ç: ~:::> 0"; C\I 0"; HO' ...... g¡~ .-i .., ...... cu fJJ 0"; .., p..,,:Q .., .., ¡j~~g5 0 .., Q ..... '" '" '" '" ç: L1'\ '" "'CU '" '" '" '" '" s '" " '" " " 0 " N 0 '" 0 '" NO ".c: " 0 " 0 " N '" N ç: .a C!ltn H ~ ~ ~ cÔ fJJ -.ë ..., -.ë ~ ,...: -.ë ~ ~ 0"; ::> Z:::> E-< " " '" .a " 00 C") " -.;' " " ~ " a C/) HO H ;: fJJ H ¡",;X::<...1 C/) ) Q ...... ¡"<QE-<H Q .., 0 <:::>u>U 0"; Q E-<...1~< ;> "" ) C/)UP::¡'" .-i H 0 Q ;:; ..... .., .., ;> .., ç: ç: Q :>< '''; ..... P:: ~~ a 0 .a ç: '''; ~ UO ;: 0"; .., 0 ~~~ fJJ C\I .., a "" '" '" '" '" Q ::> '" '" '" '" '" '" ~ H Q '" " " " N 0 .., '" '" '" 0 0 0'" 00 N N " " " '" 0 '" ~¡.., -.ë ~ Q -.ë -.ë cÔ -.ë -.ë -.ë ~ " ...... cu C!I...1 " 00 " " 0"> .-i " " " '" ~ 00"" " " ç: <Q ¡::;~!i! p.. ç: 0"; 0 8 ;::J ;:... ¡"'OH 0 0 - ¡"'UE-< u ... ç: ¡:ioz ç: cu I H C/)E-<H .., - 0"; ;:... a .a H ;: 0 fJJ b() Q p.. ": .., .., ~ ;::J 0 C\I C\I 0 ç: U 0"; 0 H ç: U fJJ ;:... C!I '" Q ...... ç: .-i 0 .., ç: "" .c: r¿ H fJJ .., H '" .-i ...... 0 fJJ .-i '" 0 Q Q 0"; u C\I < ;:... .., ç: Q Q ;:... ;::J '" 0"; Q ç: ç: 0 0"; .c: "" C\I H C!I Q ..... b() .., b() 0 U H ç: ) N 0 H .c: P:: H 0 ~ ¡.., p.. '" .-i t, 0"; .-i "" U 0 0 .c: Q N fJJ Q 0 H U '" ç: ç: ;::J ~ fJJ C\I 0"; fJJ <Q 0 ....:¡ 0"; '" '" ..., ;, ::> ç: Q ¡., C\I 0 0 0"; u Q ::J: H fJJ ..., H Q ç: U fJJ C\I .., 0 ] a H .-i ;::J . <=> .,::¡ '" < '" ~ ¡., ..., Q H ::> Q cu 0"; C\I C!I ...... <Q .a .., C\I Q ;:.....;' U H .c: Q .., Q 8 cG ~ \~ '" tJ Q C\I H ;:... a C\I .c: tJ 0 ~ '" .,::¡ tJ .., H "" 0"; :>< H .., ) .è Q .a p.. ç: p.. '" .c: tJ ...... fJJ .., Q "" 0 ;:... ...... C!I H fJJ .c: u .a b() C\I C\I Q 0"; tJ C\I Q C!I H C\I .a C\I z z 0 .-i E-< 0 ~ ~ ;J 0 0"; .c: ·H .., ;: H Q Q ;x:: 0"; ...... 0 .c: .( P:: < :.:: .,::¡ '. .. [ITY DF DELIAY BEA[H ,- 100 ''J.\', i l A\/U'¡UE . DELR":'·,' 'iU,CH r LÜ'1!DA 33444 . 407/243-7000 November 23, 1993 .... II.n-tcaClty RFQ 1194-09 , 1 II J! Delray Beach Golf Course Clubhouse 1993 Submittals Received: Fleischman Garcia Schwab, Twitty, & Hanser 324 Hyde Park Ave. Northridge Centre Suite 300 515 North F1ager Drive, Suite 1400 Tampa, Florida 33606 West Palm Beach, FL 33401 Sol J. Fleischman, Jr. William A. Hanser (407) 251-4400 (407) 832-5599 Roy M. Simon Architect Architectural Design Group Inc. 100 N.E. Fifth Avenue 1512 East Broward Boulevard Suite A-2 Suite 100 Delray Beach, Florida 33483 Ft. Lauderdale, Florida 33301 Roy M. Simon W. Wade Setliff (407) 278-1914 (305) 522-1667 Allica Architectural Group Robert Walters Architects 22 East Oakland Park Boulevard 620 S.E. 1st Street Ft. Lauderdale, Florida 33334 Ft. Lauderdale, Florida 33301 Robert C. Al1ica Robert S. Walters (305) 563-5320 (305) 522-4123 The KTGY Group Of Florida, Inc. Digby Bridges, Marsh & Associates, P.A. 701 East Broward Boulevard 124 Northeast 5th Avenue Suite G De1ray Beach, Florida 33483 Ft. Lauderdale, Florida 33301 Digby Bridges ~ John P. FoU_- (407) 278-1388 (305) 462-4964 Borrelli & Associates \{Chapman Coyle Chapman & Associates Architects 4950 Southwest 72 Avenue 1225 Johnson Ferry Road Suite 110 Building 800 Miami, Florida 33155 Marietta~Georgia 33068 James E. Borrelli Lee C. D can (305) 665-8852 (404) 973-6644 Post Buckley, Schuh & Jernigan, Inc. Plana Associates, Inc. Architects 2001 N.W. 107th Avenue 980 N. Federal Highway Miami, Florida 33172-2507 Suite 206 Avinash Gupta Boca Raton, Florida 33432 (305) 592-7275 Jamie M. Plana (407) 393-0778 @ Printed on ReryCled Paper THE EFFORT ALWAYS MATTERS . . RFQ #94-09 Submittals Received Page Two Stephen Boruff, AlA Slattery And Root Architects 701 Northpoint Parkway 1098 N.W. Boca Raton Blvd. West Palm Beach, Florida 33407-1956 Boca Raton, Florida 33432 Stephen L. Boruff Paul J. Slattery (407) 471-8520 (407) 392-3720 Quincy Johnson Associates Robert G. Currie & Assocaites Inc. 949 Clint Moore Road 25 Seabreeze Boca Raton, Florida 33487 Delray Beach, Florida 33483 Quincy Johnson III Robert G. Currie (407) 997-9997 (407) 276-4951 Architecture 4 Thaddeus Cohen Architect 225 Southern Boulevard 11 S.E. 4th Avenue Suite 101 Delray Beach, Florida 33483 West Palm Beach, Florida 33405 Thaddeus L. Cohen James H. Anstis (407) 276-4300 (407) 655-9327 Anderson Baumoehl Architecture, Inc. Peacock & Lewis 399 W. Camino Gardens Blvd. 2705 Park Street Suite 202 P.O. Box 6877 Boca Raton, Florida 33432 West Palm Beach, Florida 33405 Jerome Ira Baumoehl Brian D. Idle (407) 362-0220 (407) 582-2705 W.R. Frizzell Architects, Inc. 5600 PGA Boulevard Suite 200 Palm Beach Gardens, Florida 33418-3836 Gregory M. Bischof (407) 694-1782 Gee & Jenson One Harvard Circle West Palm Beach, Florida 33409 Philip A. Crannell, Jr. (407) 683-3301 JHG/Brenner & Jones 751 Park of Commerce Drive Ste. 11118 Boca Raton, Florida 33487 Jorge H. Garcia (407) 241-6736 Hirsch Johnson Architects 310 S. E. 1st Street #5 Delray Beach, Florida 33483 Kenneth J. Hirsch (407) 243-1715 " " ANALYSIS RFQ-Delray Beach Golf Course Clubhouse 1. Architectural Firm: Schwab, Twitty & Hansor Arch. Group Location: 515 N. Flagler Dr., Suite 1400, West Palm Beach, FL. 33401 Established: 1968 No. Clubhouse Projects Designed: 30 No. Designed Last 5 Years: 16 2. Interior Designer: Country Club Designs, Knickers, Inc. Location: 14 South Swinton Ave., Delray Beach, FL. 33444 Established: 1981 No. Clubhouses Designed: 150 No. Last 5 Yrs: 20 No. Designed Current Staff All 3. Other Sub-Consultants A. Firm: Kuhns Engineering Location: 3705 Shares Place, Suite #3 Rivera Beach, FL. 33404 Established: 1981 Discipline: Electrical B. Firm: Harold Schwartz Consulting Engineers Location: 3361-5 Belvedere Rd. West Palm Beach, FL. 33406 Established: 1976 Discipline: Mechanical C. Firm: O'Donnell, Naccarato & Mignogna Location: 1665 Palm Beach Lakes Blvd., S-803 West Palm Beach, FL. 33401 Established: 1988 Discipline: Structural D. Firm: Caulfield & Wheeler Location: 7301A W. Palmetto Park Rd., Suite 100A Boca Raton, FL. 33433 Established: 1982 Discipline: Civil E. Firm: Land Design South Location: 1280 North Congress Ave., Ste 109 West Palm Beach, FL. 33409 Established: 1985 Discipline: Landscape " .. F. Firm: Cini-Little International, Inc. Location: 13790 Northwest 4th St., Ste 108 Fort Lauderdale, FL. 33325-6216 Established: 1985 Discipline: Food Servo .. FIRM: S(!,.IhLJ.I ~b, I Lc.:> ,-Ht . a. b\..a.>S~fil. DATE: ~ '2., Je>IG1 '3 QUESTIONS FOR ARCHITECT REVIEW 1. BRIEFLY DESCRIBE YOUR EXPERIENCE IN CLUBHOUSE AND/OR BANQUET FACILITY DESIGN. SIZE, LOCATION, STYLE. ARCHITECT ~ '30 INTERIOR DESIGNER ISO <.ø l~ c:)<..t2.S . '5 \n OlP ~&. ~ l \ &.t..& ~av. 0 CoM ~lC4 llo~ð~ ~ u...c. W e:..¡. {.~ I iJ.t., +e.~ 4fl.ù. I ~ 2. WHAT IS YOUR EXPERIENCE IN MEETING TIGHT TIME TABLE? IS OUR PROJECT DOABLE IN PROPOSED TIME? HOW WOULD YOU APPROACH THE PROJECT TO MEET TIME TABLE? 'Pr.c.~t.c\. ~p 0 ~'b + ~ 5 e...D....cÂ.~ - ~to..d lM.".... ~~,~ o..JrrcA.. S~.e..e.t,~ \~ 'be.~. ~o..UL~ ~lN\o..ll {;j.~/~ Lö~~~ ~ b,r-VV\· C;:{+e.v.."1'~ c.~...4 "'~ wo-k. w,'~ (!.~ s t-o..~~ ¡{,qiH~ðrh)ld...¡.~ c~ ac-c..Q~c..:t'~ (.~~ ¡J<A..:..v..~ AI te.C&..L, A~ ~ 01\.1.... "5 It G 't .., ~ ~ 'þ e:!. ~u..Q r" 3. DO YOU HAVE CADD? ~ P c>pœ90A.L.s A~o C"-b'b ,2 4. HOW WILL YOU DO PROJECT SCHEDULING, I. E. , PRIMAVERA, BAR DIAGRAMS, ETC.? CPN\. ~Se. S~~~ - Sh~ -r",-~ ~,,,,^,,,u-e.e.... 5. WHO WILL BACK UP PROJECT MANAGEMENT? ALTERNATES IN EVENT OF ILLNESS? mp. ,,6/ I::,.,..) $ -e 2 Æu"ee:f L~~ -r <. Î ,.. Lf Lz. 0 f\ c....t..Q. , J'\\ e. "5 ~h w ~ Me. -7¿J /tt, 6. WHAT DO YOU FEEL ARE THE MOST IMPORTANT FEATURES OF A CLUBHOUSE? S ,Te. Lo~o,..f.t~ ()&~uYt0W'v\ C.L~"'ou.U.1 D~~t~~CLl~~ }el-c..o.G,bd\~ "b SP""'u..~ .211V\^~e. °bbL.&.4LQ.Û - ~Ð~34 ~I~'b~&-S ~ð-1IY\,. &~ h~ic!¡)I'')S . RESTAURANT? Sp~e...e .çl~~'/Ibf J Q(?,oL.t..4h~5 ~ VIewS I Ab,J, ~ f'ts S ~ J l/.J , cl.t. s P 0.. Ul.... t::>fo e... M ~i-, P toe. L.t ~ ~ oS , " '" 6 . ( CO NT. ) KITCHEN? ~ N~;'5 e eO~a.LnMe.nt-, S ~~cJ.í~ (µ&\.\::' .flow AIU& ~/ð-v\cJtt( I .4 rort' ~ tt\~ð A 12..ø:. A . PRO SHOP? 1/ ISU.~ c.on.;t.r-ol 0-6 eCc...4~ 12A.'31 ~tc..~ R..t..tC1."lls po.u" J ,.~D /~ <!.Ou.A.~ a. r.e.,Q,. S . 1>,...0)C I "'" \ ~ tõ L oc:.1c..L1\ ïeoo W"I S J ~ I ~ <J~ Q...C.. u...S S b , I -b¡' LOCKER ROOMS? "Pt"oþ.¿.(. ìÐO~ It-~ fè.e...~roð'W1.s ~i~ ~~~ I J,. ~ ~I'Y\ f)-1 D .:s h 0'" 'l...l..t ~ oJ b. u..:../'¡" l.c.u ~ /VI J 11/ / h? A-/.... rn a ri:5f- t!M.4."IIl ~ r¿e ~ 4.J~ M en::t'-5 J Loa.1c.~e.. ctt~~~w4" 7. WHAT DO YOU ESTIMATE THE SQUARE FOOT COSTS TO BE? WITH FURNITURE, FIXTURES AND EQUIPMENT~~ ~ "'b 04Lt> Co" "C .!> c:> " ~ .~ ¿,,!) ð'l.k. Coo ~S '" I'> \. t'\ I ~ ~ C E> ~" u..c..\ I ~ -6 ao - lfX> s~ 61- . k,~ F:"E ~ I~ - Z;D ~fb1 +- .ä ZOO"DW - 280 ¡fJoö '" ~~~ .,. 9S -/Zl> sJ tit 8. WHA T DO YOU ENVISION AS THE ARCHITECTURAL STYLE FOR OUR CLUBHOUSE? C I,<e.n"t V~("~ ~oJ-~ t?J &..t..(!ASltHJ - 5.¡.~J-c.. ~A5~~ CH')d/~s ~tro(.J J..,o~ ¿~ If- ~J.,4c....e~ hca..vc.a.. hOM ~ J~tJ'(.d - ¿/c..e.. '1Ðt.U.. o t.ÞY\ he> ~ 4.:Joc..JJ ~ - Oi..cD¡::;Lø. ¿~ 9. WHO ON YOUR PRESENT STAFF WILL BE DOING DESIGN WORK? 'Bd\ ¡..1",...,.se.~- L.-\.~-t w ¿ll b.ø ~ c..h~ ~ o.¿ ~ L,\^,,- ;."C~ ~ ð'WI e... :ff..c.. A...v'b d(þ~ W~ hl^^,,"~ .l~ l..ù~ ð~ cL..SI't"^-'t-e~ ~~, 10. PLEASE EXPOUND ON TYPE AND SIZE KITCHEN YOU THINK IS NEEDED? F-ui~ '1 ow ~ ~ 1\'II1-..e... e/~ ~tr~~ (! II~ ./H «-ð..D~ ~ '5-d"t.:)c.~S 7ð ~ 14~ JOtJ")> JAJ "oflß.{ C{.,~þ~ Sùð¿ C-t.... eð-u-~t~ µo~ ¿.vo¿,JJJ ~H\.::tt ~/~ w,<M a.-.t.t (!J~C~~8tt ~ O~J~I~ ~p~ t¡)&z. 2¡()()Ò -3:ôðð ~.I¡t-. ~ 1c.:~...5 ~ ~~~:J-··Lt~cQ~ ~~ " ,- ANALYSIS RFQ-Delray Beach Golf Course Clubhouse 1- Architectural Firm: Stephen Boruff, AlA Arch. & Planners Location: 701 Northpoint Parkway West Palm Beach, FL. 33407-1956 Established: 1990 No. Clubhouse Projects Designed: 10 No. Designed Last 5 Years: 5 * As Stephen Boruff, 5 with another firm. 2. Interior Designer: Country Club Designs, Inc. Location: 14 South Swinton Ave., Delray Beach, FL. 33444 Established: 1981 No. Clubhouses Designed: 150 (since 1982) No. Last 5 Yrs: 20 No. Designed Current Staff All 3. Other Sub-Consultants A. Firm: Sheremeta Associates, Inc. Location: 101 S. E. 6th Avenue Delray Beach, FL. 33444 Established: 1989 Discipline: Civil/Struc. B. Firm: Environment Design Group Location: 1401 Forum Way West Palm Beach, FL. 33407 Established: 1990 Discipline: Landscape Arch. & Irrigation Design C. Firm: Construction Management Services, Inc. Location: 10 Fairway Drive Deerfield Beach, FL. 33441 Established: 1978 Discipline: Cost Estimating & Containment .. FIRM: 5t~c.)~~ ~or\..l~R, "l~ DATE: 12/8/'13 QUESTIONS FOR ARCHITECT REVIEW 1. BRIEFLY DESCRIBE YOUR EXPERIENCE IN CLUBHOUSE AND/OR BANQUET FACILITY DESIGN. SIZE, LOCATION, STYLE. ARCHITECT /0 INTERIOR DESIGNER /50 A rdu...h. c..J- - .5"~.e...u d' ý"1YJ tAA. ~ Se., ~ S - S' Q: ~J2 , +...-1. l.ð r,,: ~ wtk1G'-f /)8-t Q.M..~ 61."'~. F'ÐÐ& Ser..,. C!.IL ~~~~ - ¡;'oJ~~'ft,14J-( a..,Lu.J¿.c,¿U'. (ù...d1.c.A...-f- SA"" ;z..~~. ~"~'~CA.... . 2. WHAT IS YOUR EXPE ENCE IN MEETING TIGHT TIME TABLE? IS OUR PROJECT DOABLE IN PROPOSED TIME? HOW WOULD YOU APPROACH THE PROJECT TO MEET TIME TABLE? (ft/4"""µ" - t.,i.t~ ,lU8f.e~ t:1", ~~ ê)"'T~ ~~ ~~ Â~I e..~I-,~"'¡ .,,~ n-rc:t-, ?rð..¡ed ~o...l:d-e "-""'--&0 r:-I. &,.;,¡! IA..LL 7lea.H1 q~~~ iAJ.lfJ..J, á--!4¡¡' ~,,~ ~f4AI.A;'V( ðY1 s,lé ~IH~W ~ Are),t'.J..ed 3. DO YOU HAVE CADD? AtJo (!A)J)) /2, 2. L.(.)~~ol-;() Al..5 4. HOW WILL YOU DO PROJECT SCHEDULING, I.E. , PRIMAVERA, BAR DIAGRAMS, ETC.? ¿?DM.fJ~er~3e~ !JAR. ~4.,Ah.s -$4~k~ ~~ cRo.:Ie.s . 5. WHO WILL BACK UP PROJECT MANAGEMENT? ALTERNATES IN EVENT OF ILLNESS? f;:Jv-.:JJ bG~/(!);.s 29~¡e:s ~~þ~~/t!r) c.tL _ No + a&...tA. ((rcJ..cf~ ¿;f- b w- h&d lAJ~~ Gi)y> dle~ 'r' 1 j~ eJleJ~ð..J-,e.-tS ,Ø4h~L.+tr ~ }2-t&>~Q..MMð ' 6. WHAT DO YOU FEEL ARE THE MOST IMPORTANT FEATURES OF A CLUBHOUSE? f),el.c!)S - t>,,/.e. IÐc.aJ,~ - (!.lrC.-~4.:II~ - 5f4<U...~Jð-lAJ..~f~ ~~ ~'~ Ät..S~ ~ð - -eY)fr-'fW~ .//.e,(,/ó,J,1:ij RESTAURANT? 5.eru, Lt... ~/~ '1 _ Sp 14 e<... .(lIeU, ~ ~ //1 " " . 6. ( CONT. ) KITCHEN? G cod< 1/4'1 04- I ~ po. Ul... 4. J I e ~ . 1J-9'1) ~ pOl- f!.L '3 ðt'7 :.-.. 6'" ¿~, Þ'nS .J .n~/b,I'*i . h'tD clLr<.d-u'et.e.rO</s ~£~ a.. t I) r~,) ~c /V1 CJM.4.5 c.e (!.,~,...l Ðh ~~lI.k-ð ~",b 4>~ Q.~tl.s, PRO SHOP? t..), ~ uJ- c!).c CD L..t..Å =so e tt: J. 6~ ~ 0 4--e.-e..s p.c..o.J · C,.(" n-r-O!L ~ J C I C- c.~¡"....:b 0 ).J LOCKER ROOMS? '"Doe ~ I r' --* I ~ ~ 'S..c2.p..u.o* ðY\ ~ Lu -e;t (ShSWCA.$ ~ t L....tJ ~ b )),...'1 a. r..e.o.~ ( /ð~kte.R~ 5 h ð W e.e.,s 7. WHAT DO YOU ESTIMATE THE SQUARE FOOT COSTS TO BE? WITH FURNITURE, FIXTURES AND EQUIPMENT? . $ /ðLJ- /25 "I- þ,)~ ~~~ 8. WHAT DO YOU ENVISION AS THE ARCHITECTURAL STYLE FOR OUR CLUBHOUSE? ¡Vb ~ d2. ~er M .,., ~ lei. ~ - 6......:t- y./" ~ks C-/ ð-1,) ,/ t:L- ¡) e AJ Cl C ,..J ðo-\.. ¿.,., J CJ..IJ ¿!) /H..Jé h ~r - s~ AJ..'1 4 ~ - ,04 '¡',)4) .eft:. , 9. WHO ON YOUR PRESENT STAFF WILL BE DOING DESIGN WORK? S+'G~ "B~ """~+ . d-u.~ I t) ..p,~ 5 0....4 - EV'$+~ ¡:'jr,.", . 10. PLEASE EXPOUND ON TYPE AND SIZE KITCHEN YOU THINK IS NEEDED? S~~ 5p~ ~Q.A~q ~4..t~~ ~~~;-.. J .I ho+ei~~.... &ða..J¡f~ ~e.e$ -- AJO;S6 /YJ/AJ/'t\'~4",~ t:A-'/~ ~ð~ a&9U'!J'¡',)~ ~ðJU~Þ ~Ðe:!'a AppÆ.~ 2~oo ~ð)jf' -(.M.d.. ~l-4 e J ;"é!- t..c..P ø:f- I ~ '. ,. ANALYSIS RFQ-Delray Beach Golf Course Clubhouse 1. Architectural Firm: Digby Bridges, Marsh & Associates, P.A. Location: 124 N. E. 5th Avenue Delray Beach, FL. 33483 Established: 1981 No. Clubhouse Projects Designed: 6 *renovations, additions No. Designed Last 5 Years: 6 2. Interior Designer: Country Club Designs, Knickers, Inc. Location: 14 South Swinton Ave., Delray Beach, FL. 33444 Established: 1981 No. Clubhouses Designed: 150 No. Last 5 Yrs: 20 No. Designed Current Staff All 3. Other Sub-Consultants A. Firm: Carmo Engineering Associates Location: 124 N. E. 5th Avenue Delray Beach, FL. 33483 Established: 1987 Discipline: Structural B. Firm: Teele and Associates Location: 2116 Corporate Drive Boynton Beach, FL. 33426 Established: 1987 Discipline: Mechanical C. Firm: Heller-Weaver & Cato, Inc. Location: 5667 Coral Gate Boulevard, S-803 Margate, FL. 33063 Established: 1979 Discipline: Civil D. Firm: A. Grant Thornbrough & Associates Location: 132 N. Swinton Avenue Delray Beach, FL. 33444 Established: 1984 Discipline: Landscape E. Firm: Johnson Computer System Design, Inc. Location: 3730 N. W. 8th Street Fort Lauderdale, FL. 33311 Established: 1985 Discipline: Telecommunication & Computer Design '. " FIRM: ':Da~~ 13r"'~" G~ J (Y)Ae~ h'" A SSÐ~ Iet:/~.$ DATE: /2 /Ø/~3 QUESTIONS FOR ARCHITECT REVIEW 1. BRIEFLY DESCRIBE YOUR EXPERIENCE IN CLUBHOUSE AND/OR BANQUET FACILITY DESIGN. SIZE, LOCATION, STYLE. ARCHITECT Sc¡ø/V- "'2r~...t INTERIOR DESIGNE~ /50 M,., ~ ~ lUM.ø dAo+'j,.,.z, ¡Q~'J> c!L"""¿ btPus.e 19eQ.'¡, 'hÞ7't ~4!.~1J - Af'd...A-~d- #A~ ~~,~ ÓC~u.t1,"t4, <g"'0L&-f'~ .f.....oJs ~t.W %,Þ~ Ij~t.,;J,.:t,~ M-~~¿/~J, 2. WHAT IS YOUR EXPERIENCE IN MEETING TIGHT TIME TABLE? IS OUR PROJECT DOABLE IN PROPOSED TIME? HOW WOULD YOU APPROACH THE PROJECT TO MEET TIME TABLE? ç¡é',..,...,¡Q..£c. - ~ r,.,.., &a..c:.J, -?.,n" , ~ e e.M:I-...... - P.A.ðt.e4- .Ðe 4 b.4. k I S ð' .,.. w\. c'-A.> rn ~ +~ ¿12.",., G - /V...,J¿ (!D~~'¡'~ ~ ~t~ At4J:h 1M.l.HS1 ~~ ... (! tS> - CSI~'ÐU ~ÞIII\ e¡'Go ~+14.p.f . A ""CÁ4..::/~ e:t nI e.d s h> ~, tCI') ~ e>ee, ~'l-eþ , 3. DO YOU HAVE CADD? A t..J- ø t!4l:Jb lJee..$U~"::> I Z. 4. HOW WILL YOU DO PROJECT SCHEDULING, 1. E. , PRIMAVERA, BAR DIAGRAMS, ETC.? C () M.{J ~-e.c. &.e.. rAfJ J., - , P¡e''''''4I.H!~ 5. WHO WILL BACK UP PROJECT MANAGEMENT? ALTERNATES IN EVENT OF ILLNESS? /Y) ¡Q /è.. J::. /YJ¡oe~h 6. WHAT DO YOU FEEL ARE THE MOST IMPORTANT FEATURES OF A CLUBHOUSE? (;~..... ell. I"ð e, -h ;J """ <-lOlL, .Mot ..... ¡,....&..J. ~ J ;) """J ,,,,,,..1, 1i¡ . 1/ ~ I h, t t¡ ....:5 -qu.. "2..J- Un1. :s,o A tl-ILi - <1JÐ' eR!- jJ, r) '''á ' RESTAURANT? C03r-.¡ hðfV'-e¡ ct/,r'1 þ..l~) ~pCJ,.e.e... .('/.(¿.fI,,b.l.1:<t1 ðptL-t.ø~'~~ .e.bD' ~ - CJ ðð& /c::~ ÞC!.a.l-~8-71-- ~,...¿IJ¿..~~ tod, '>""ð . c:¿r~t:t , '. " . 6 . ( CO NT. ) KITCHEN? ¿1O.'f~t.d, e, ~/rt~J re.ft ,~c:Lf-,~ ¥øa..U.. J b~l~\t, J O.QL,b,/I'tt¡ ¡....7 /!)þ ~ cze -?.::t. II') ««3 e J tf/O 0 e. ,.,..,DL.:f'f:::." ,. ta./ ~ J .IQ~ I'e. .::J-. r.. 3 f!:. - ú/.sL.l.~ e~rÐI ~~/-eS ~AJ1J ¿¿,..d:.. oA~S, PRO SHOP? "'ùoe.~I')'-* ...¡I"nt, -M,'f!J ,.,.~ a...~ t.-f>~~ -h1u..#fIe.~.), aÐu.t~ e~elh.er-5 ù)1J/ I,~ ~~/-s.L -e#-s,e¿uh-er-e-, ,C/-<A¿/ '~/.'T" 4",,'1:> ...,,.~.ft:P~ C~r-Ð( ,~ LOCKER ROOMS? IV cd- 7'& ¿r - ~ _I(a ~'Y¿¿Dc./t:-erS -e~'f~ t!LL"-1,cl~ C~~ rt.ÐÐÞ1" c{..¡!«d.uf)j 'J~Ú-a I,A-R~~, e/.e~ 7. WHAT DO YOU ESTIMATE THE SQUARE FOOT COSTS TO BE? WITH FURNITURE, FIXTURES AND EQUIPMENT? C'~. 6 Ii<$' 4'61- ;e:F~ /s - zo -r (?d)-5..P~ ~ 21ïf..¡ð~ ~ IIÐ -//S4j¿r. 8. WHAT DO YOU ENVISION AS THE ARCHITECTURAL STYLE FOR OUR CLUBHOUSE? ð¿b F/~~alQ..J I A.A. ~ t..J -e..t~elQ., ~ C1..~ . 9. WHO ON YOUR PRESENT STAFF WILL BE DOING DESIGN WORK? '7':')? ~I"'NJIc.:P- / N~~ ma.~:5 6, 'öl, Y 10. PLEASE EXPOUND ON TYPE AND SIZE KITCHEN YOU THINK IS NEEDED? . I, Þ ÐÐ - 1,2ÐO A¿ ft· @c-t.f.~~ (!lr~~t~ avb~ 2S?D ~ ))~~ /0 1"-e.c;1L . '. ., ANALYSIS RFQ-Delray Beach Golf Course Clubhouse 1. Architectural Firm: Chapman, Coyle, Chapman Location: 1225 Johnson Ferry Rd., Bldg. 800 Marietta, Georgia 30068 Established: 1982 No. Clubhouse Projects Designed: 60 No. Designed Last 5 Years: 12 No. Designed Current Staff: 25 2. Interior Designer: Country Club Designs, Knickers, Inc. Location: 14 South Swinton Ave., Delray Beach, FL. 33444 Established: 1981 No. Clubhouses Designed: 150 (since 1982) No. Last 5 Yrs: 20 No. Other Related Projects: 10 No. Last 5 Yrs: 10 No. Designed Current Staff: All 3. Other Sub-Consultants A. Firm: Brittingham & Associates, Inc. Location: 5855 Jimmy Carter Blvd., Suite 200 Norcross, Georgia 30071 Established: 1946 Discipline: Structural B. Firm: Britt Alderman Associates, Inc. Location: 183 Harris Street Atlanta, Georgia 30303 Established: 1987 Discipline: Mechanical C. Firm: Roberds Consulting Engineers, Inc. Location: 455 East Paces Ferry Road, N. E. Atlanta, Georgia 30305 Established: 1984 Discipline: Electrical D. Firm: Camacho Associates, Inc. Location: P. O. Box 76499 Atlanta, Georgia 30358 Established: 1962 Discipline: Food Service Operations Design " .. E. Firm: Environment Design Group Location: 1401 Forum Way, Suite 100 West Palm Beach, FL. 33401 Established: 1990 Discipline: Landscape, Civil, Surveying .. .. FIRM: ChAp ft?M.", ~ /-e..I ChApM A,.:J DATE: I 2/'e;/93 QUESTIONS FOR ARCHITECT REVIEW 1. BRIEFLY DESCRIBE YOUR EXPERIENCE IN CLUBHOUSE AND/OR BANQUET FACILITY DESIGN. SIZE, LOCATION, STYLE. ARCHITECT t,~ INTERIOR DESIGNER /50 8tJ~ Fí~ ~ *I¿ I e I tt.d' 5'~. 2. WHAT IS YOUR EXPERIENCE IN MEETING TIGHT TIME TABLE? IS OUR PROJECT DOABLE IN PROPOSED TIME? HOW WOULD YOU APPROACH THE PROJECT TO MEET TIME TABLE? hrl") ~4MI e,t,fe.,u~ e~/~ &-rA.~~ '¡'1AMJ..9-h~~ ~~~C.S . -r~~þ..d.. ~#<J-4 ~t--l6 - e^~~~~ ñ5 elL~,CJ?, eA^, 6:e 'ð M- A ~A ¡:.. l.c,!) I II J.. & I""c... IÐ t! -.I 0ÅcJ...e..J~ c::I- ~ 3. DO YOU HAVE CADD? FI ~L.<I~ flt/~ +-eA.~ð1.A..eJIe{ ~ SI'T:e ,...~ ,t,.~ ~(!..-.t. C!~ +~s A t-J-o é',o ~ b c...J ~ ~ ,,',,",,-, J ¿ 4. HOW WILL YOU DO PROJECT SCHEDULING, I. E. , PRIMAVERA, BAR DIAGRAMS, ETC.? (10"^(J c..J ~ ~ 3 .,J¿ I3Ae ~~ WI-'!-17 ~ f.#c..a.,/ -f~ ~J~~.;j..s 5. WHO WILL BACK UP PROJECT MANAGEMENT? ALTERNATES IN EVENT OF ILLNESS? ~~~) p~~ J-e. (! h01f1 ,.., ~ C!.ho.¡; Þl4,J 6. WHAT DO YOU FEEL ARE THE MOST IMPORTANT FEATURES OF A CLUBHOUSE? l-ùh~ d),# ~ . r- e~o~t""'~lk, ~~Q,...u...... '5,~ ~...:t/~ U/~"'" ~ ß~ð~ ð~~..L~'~114 Gu~ð~ n4....s~ RESTAURANT? ? -u>¡a..t..c. :s '~ I Sp~ orl-c..,.c:Pc4"J~ A~ .f1/0#!4.li, /'t;¡ Co &.ot¿¿~ '-oJ -e..d ~ I ~ ~&:!J¡"E).p A~ 'ò /øc..A:..erS '. ,. 6 . ( CO NT. ) KITCHEN? F'I ......p ,....:t, a./(Ð u>- "p"'= 5", &J:.:;;t, {!.o <..oM b., &..... ~ ~"II"¡¿J- ~ 'S1-yJJ ~3~t¡- 5e.l~~S ¡YJ'AJ'^"'~ ':>(J)~Jl c:t'S.f¿~~ d.~ -u,~~ (!~rÞl PRO SHOP? ~ M~ ~ p ~ .5 e(. J ~ ~,..ø-I /2-d"d cL-U24W ht9~ 1- It) ....µL.Liï 4 ~ ¡2¿r 4oC:.P ~~ -,..A-1.-ð""L ele..c-#~ ~t9k... Lo e,o..1-¿.~ a; n.... ~ r<.- .p,.. ~ f ~. "t:ë] LOCKER ROOMS? ",,;)0 /::) -e.-.J) ~ J ?~ au e.......J.d I b'X..- , 4p~~ u.... ¡o¡'e.~::t.¡ 06 zja..¿, I,...f./ e.:5 ~ J1YL.L.d- C!oh.- A..L~ UM..t~..s 7. WHAT DO YOU ESTIMATE THE SQUARE FOOT COSTS TO BE? WITH FURNITURE, FIXTURES AND EQUIPMENT? "!J' ~'" (!~ ~ s - -rÐ ~ If'-. t..- ,'+#) Iu.>....'t'.,¡·-f 91' - 'is- " ~/~d -¡ "':1 ~ /Jê> -125 -r /c,+~ Cð>~~.e~ ~~,~ 8. WHAT DO YOU ENVISION AS THE ARCHITECTURAL STYLE FOR OUR CLUBHOUSE? F/ð-\,J)~ p/~¿e--r. - /ÝLJ /J11:5^,E'~ ~Ð""~ J 'Z A.9 U" -¡L '-""'-0 ¿¿, ~ Q... II JS_:f61/~..../ ¡øð¿ . 9. WHO ON YOUR PRESENT STAFF WILL BE DOING DESIGN WORK? t11~. e~~ --£2 0 ~ ~, ~ .::Þ f~id 10. PLEASE EXPOUND ON TYPE AND SIZE KITCHEN YOU THINK IS NEEDED? 2,B6JO - :3,06>Ð ~µ ~,~ (! "y-~d¡~ "~f6-<..""'¡'<-. .. .. ANALYSIS RFQ-Delray Beach Golf Course Clubhouse l. Architectural Firm: Slattery & Root Architects Location: 1098 NW Boca Raton Boulevard Boca Raton, FL 33432 Established: 1981 No. Clubhouse Projects Designed: 16 + 9 renovations No. Designed Last 5 Years: 7 No. Designed Current Staff: 2. Interior Designer: B. Gordon/Paulding Design Associates, Inc Location: 1500 East Broward Boulevard Ft. Lauderdale, FL 33301 Established: 1980 No. Clubhouses Designed: 10 No. Last 5 Yrs: 9 No. Designed Current Staff All 3 . Other Sub-Consultants A. Firm: Braga Burton Braswell & Associates, Inc. Location: 1801 Lee Road, Suite 320 Winter Park, FL 32789 Established: 1984 Discipline: Structural B. Firm: Thompson Engineering Consultants, Inc. Location: 25 Seabreeze Avenue, Suite 202 Delray Beach, FL 33483 Established: 1990 Discipline: Mech./Elec. Plumbing C. Firm: Heller-Weaver & Cato, Inc. Location: 5667 Coral Gate Boulevard Margate, FL 33063 Established: 1979 Discipline: Civil D. Firm: A. Grant Thornbrough & Associates Location: 132 N. Swinton Avenue Delray Beach, FL 33444 Established: 1984 Discipline: Landscape E. Firm: Construction Management Services, Inc. Location: 10 Fairway Drive, Suite 301 Deerfield Beach, FL 33441 Established: 1978 Discipline: Cost Estimatoral '. ., FIRM: 51 A f/~r'1 AJ'Jb Root I .A2..~e.te&5 DATE: I 2/ el'i3 QUESTIONS FOR ARCHITECT REVIEW 1. BRIEFLY DESCRIBE YOUR EXPERIENCE IN CLUBHOUSE AND/OR BANQUET FACILITY DESIGN. SIZE, LOCATION, STYLE. ARCHITECT "20 INTERIOR DESIGNER /5 - 3(..M.1a....,..lt~r- I ø l-..f- 5"'1 L..S . 5 t.-( ~A;U 1':::>4....t..4-IJ.~ 2. WHAT IS YOUR EXPERIENCE IN MEETING TIGHT TIME TABLE? IS OUR PROJECT DOABLE IN PROPOSED TIME? HOW WOULD YOU APPROACH THE PROJECT TO MEET TIME TABLE? L J4 ~ ¿/I/R. C! þrt1 µd-e~ e::J I ~~€.G:I ~ 6>.11'¡'~ 7- L..J ~ Y-t. I ',.:) Ó~~.a:t-. í1."A.:Jé.~ ~l>7ec4- ~é)4.~ -Þ.A~ ~ ,.",..p ).JØV 4 NA.5 '7e/ltAyf ~ 'ailS> '1'ðh, t!ðJ?~ ?:'D~~ "'~ ~1'1t.I- 3. DO YOU HAVE CADD? Au.ft:) 0 ~ lJ .b Ver~"!)^-, /2- 4. HOW WILL YOU DO PROJECT SCHEDULING, I.E. , PRIMAVERA, BAR DIAGRAMS, ETC.? 7y jJ I a tt.l ~191ð- ,/Jm~ ~IV~ eI,~~ 5. WHO WILL BACK UP PROJECT MANAGEMENT? ALTERNATES IN EVENT OF ILLNESS? p~ 'S [(1 l-I-er-'f ~ Ch~û PA-.! ¿ v ~.l:A.JEð .IJ~d-: ¥ 6. WHAT DO YOU FEEL ARE THE MOST IMPORTANT FEATURES OF A CLUBHOUSE? /YJ~'10 ßff~.) e,rc.u.!J'Mf J S,~.ë.~ } U'e4.J /'(/~/411,1:ï:¡ é,oJ) /yk..J.'¡"¡~dl~~ ~~ . G;"K-f.e.AIiÞ'1 ~~ð - ~~ <jÞ ( /./ So Co. ~ '(;t!Le.. 11 I '¡"~.5 . RESTAURANT? F/(:(I b, 1.T4, 6p~ {)Iew 1b (J{)~~.J 1"Uð ' Ð~~~:5 " " 6 . ( CO NT. ) KITCHEN? ¡CIÞt-cY , ~ ~e...;f- ~ . a e.Ð~~ e.. S - t/V1 'f lM..fJ~~ ~ C\v <I-L.- ~ r..o..cb h I:> ~ . PRO SHOP? £A,.)~d &.u(~ r.d-a...l ~J 'gDt>J t..J1 ~,,-J U'~uj c~:)&..aÆ~#~ hð!es ~,,",1) flJ.~#~ ~S -~ðJ2 ~e:Lu1:- ~/eu:J ~ (!~r~( LOCKER ROOMS? C l.e. c..v. , ~ -eJ, l.c.)-e. II t.4.r I ~ æ e.t.Á J''¥, ~ - I~ / 41>A.,A.Q2~S ,q~,~.{,4, ~) /ð6a.:t'&t--e '"tPJ p<o.stUJIJ 7. WHAT DO YOU ESTIMATE THE SQUARE FOOT COSTS TO BE? WITH FURNITURE, FIXTURES AND EQUIPMENT? f6 C ~ ðlJ J4.:ð jI- -+- K' f~ ..L) ~~ ~Dsf.s Ft='£ 3S~~J4 '&/15 "ðÞ"' 8. WHAT DO YOU ENVISION AS THE ARCHITECTURAL STYLE FOR OUR CLUBHOUSE? ð L D F I ð-t-I ~~ s.:t-lf Ie.... 9. WHO ON YOUR PRESENT STAFF WILL BE DOING DESIGN WORK? ?~ '5.Q~~ \ p~ /èoC+- 10. PLEASE EXPOUND ON TYPE AND SIZE KITCHEN YOU THINK IS NEEDED? FI ð ð-'1-~ ~'1 fU- wføJ~ Apµ~ 3500 ~·lF ~~ elr~ø.i-¿&s-t C7:sJ-ê"t~ " " ANALYSIS RFQ-Delray Beach Golf Course Clubhouse 1. Architectural Firm: The KTGY Group of Florida, Inc. Location: 701 East Broward Boulevard, Suite G Ft. Lauderdale, FL 33301 Established: 1991 No. Clubhouse Projects Designed: 2 No. Designed Last 5 Years: 3 No. Designed Current Staff: 3 2. Interior Designer: J/Howard Design, Inc. Location: 25 Seabreeze Avenue Delray Beach, FL 33483 Established: 1972 No. Clubhouses Designed: 2 No. Last 5 Yrs: 15 No. Designed Current Staff All 3. Other Sub-Consultants A. Firm: Lawson, Nobel & Associates, Inc. Location: 420 Columbia Drive West Palm Beach, FL 33409 Established: 1981 Discipline: Civil B. Firm: O'Donnell, Naccarato & Nignogna Location: 1665 Palm Beach Lakes Boulevard, Suite 803 West Palm Beach, FL 33401 Established: 1988 Discipline: Structural C. Firm: Thompson Engineering Consultants Location: 25 Seabreeze Avenue Delray Beach, FL 33483 Established: 1990 Discipline: Mech. & Elec. D. Firm: A. Grant Thornbrough & Associates Location: 132 N. Swinton Avenue Delray Beach, FL 33444 Established: 1984 Discipline: Landscape E. Firm: Robert Pacifico Associates, Inc. Location: 6299 W. Sunrise Boulevard, Suite 209 Sunrise, FL 33313 Established: 1985 Discipline: Food Consultant ., " FIRM: 1h/5 k/~( GeðUj> DATE: IZ/~/q3 QUESTIONS FOR ARCHITECT REVIEW 1. BRIEFLY DESCRIBE YOUR EXPERIENCE IN CLUBHOUSE AND/OR BANQUET FACILITY DESIGN. SIZE, LOCATION, STYLE. ARCHITECT 20- z.s-' INTERIOR DESIGNER S ~ /'C~ / t5 -P-ð'1'Yl F7 Þ-I , d{ A. t>J~' ~ 2. e>'ft!:>'f-~ ~ ,(JII .d ~ t!.-8fl sCA-l .,¡.. a-..:I~ PA/ñ) d.ea.c.A ~~ ~e. ~elr~ &~ 2. WHAT IS YOUR EXPERIENCE IN MEETING TIGHT TIME TABLE? IS OUR PROJECT DOABLE IN PROPOSED TIME? HOW WOULD YOU APPROACH THE PROJECT TO MEET TIME TABLE? J./Jd~ ¡Vð'¡- I'nJ~~~ .¢¿~~-e b\;V ~ ~ec.A S, (" ~ M-c..t.:t- '5Q)u¿et~ , @ A. ~ ~~~ 5e..J..¡¿J.c-4... ~A.,JIM-o.. ~ tf'W ¡::--eb ¥ - S,I¿ S'fIU..'e.5 A~#;/ - A~~ /11{ 3. DO YOU HAVE CADD? /)u.;/-D f/9bb lje..\ s I-~ 12. 4. HOW WILL YOU DO PROJECT SCHEDULING, I.E. , PRIMAVERA, BAR DIAGRAMS, ETC.? r;: ..r¿ I) eJ. ~ RAe- (14- <5-e;t ^" t I ~ ~ fÐne..5 5. WHO WILL BACK UP PROJECT MANAGEMENT? ALTERNATES IN EVENT OF ILLNESS? N 1;)) f>?Ae.-X - 2 ð '1.e.s cf2...t- ~ I ~ I') ~/.e.+1~ 6. WHAT DO YOU FEEL ARE THE MOST IMPORTANT FEATURES OF A CLUBHOUSE? F /-,vy\ J cYna..1':f¡, J ~ uA-a..U .i.c, ~ ~~ ~e ,a.e.s J I^-,Ol"ð t/0 () J ~C>}.J M-e1J' r RESTAURANT? mu.-lf, pLk-lPÐ~ ~~Sl 61-e¿1 ~,Il~ Jd2l.f..Å~,l,~ cr6 --p-oJL~~ ( b~n J ~ J D,xfl.J.A-U.) ) ., " 6 . ( CO NT. ) KITCHEN? ¿O~~/f!1'Y1J ~ t:12"'~ Cð"11.<!.A.o...Q~ c.A0"W'\. ~Ö ) ~ /h'1.-tA1 t..c-J ~ ~ ~S J c...I e.v..A-....t --* ~ PRO SHOP? j?1*'-'<.ch~~ ~ ~-, ~p~ J A~~ b,,/, Ir¡ L'.er:;+f"aJ, 3 c.,cR (j:L:5 h ~ ~ t!-ø.:tl ~ LOCKER ROOMS? '-Du-L~ll~ ~ M~~I~ I I 0 ~ '-fLj fè-L c:¡ S ~ J~.s Aile.. CÐ~ ,. +/~ "-'t1Õ 7. WHAT DO YOU ESTIMATE THE SQUARE FOOT COSTS TO BE? WITH FURNITURE, FIXTURES AND EQUIPMENT? ::JI /35 - '5V ~fr v:... cJ (J A fl"d . '70 t-a.../ e~+I='FE -+ kíf~~ 8. WHAT DO YOU ENVISION AS THE ARCHITECTURAL STYLE FOR OUR CLUBHOUSE? (}On:J-~~ FllYJJJ.a..., 4//W7,/tJ..{ Q) ~ ~ t....t-A ¿ 1(:..) ~ ~ct! ~ ~.s '¡.Áu..~..;h Ö"'YL w 9. WHO ON YOUR PRESENT STAFF WILL BE DOING DESIGN WORK? 'ðob~ Cu4w-d! - /J1ê. Lð,II~~ 10. PLEASE EXPOUND ON TYPE AND SIZE KITCHEN YOU THINK IS NEEDED? K;'¡~ ~~ ~B o¿ ~A-pð-UG -~9flÐ~ S'-¡"""7L ~ acl.< ~ 5'13'-- / fMð~ ¿¿>-.J. a..U><f Y-"""'Õ S..ertJ' C!.<, 5 ~/~ - c¡ooi) oeou4-Je....s /'/0 ~ð· 60o+4.-y¿ -eJ~Pr-~ . '. ,. ANALYSIS RFQ-Delray Beach Golf Course Clubhouse 1- Architectural Firm: Peacock & Lewis Location: 2705 Park Street, P.O. Box 6877 West Palm Beach, FL 33405 Established: 1961 No. Clubhouse Projects Designed: 12 No. Designed Last 5 Years: 5 No. Designed Current Staff: 0 2. Interior Designer: Country Club Designs, Knickers, Inc. Location: 14 S. Swinton Avenue Delray Beach, FL 33444 Established: 1981 No. Clubhouses Designed: 150 No. Last 5 Yrs: 20 No. Designed Current Staff All 3. Other Sub-Consultants A. Firm: Tilden, Lobnitz & Cooper Location: 1717 South Orange Avenue Orlando, FL 32806 Established: 1955 Discipline: Mech./Elec. & Plumbing B. Firm: Shalloway, Foy, Rayman & Newell, Inc. Location: 1280 Belvedere Road West Palm Beach, FL 33405 Established: 1979 Discipline: Civil C. Firm: Land Design South (A WBE FIRM) Location: 1201 North Congress Avenue West Palm Beach, FL 33409 Established: 1985 Discipline: Landscape D. Firm: Construction Management Services Location: 10 Fairway Drive, Suite 301 Deerfield Beach, FL 33441 Established: 1978 Discipline: Cost Control E. Firm: Benjamin Peristein Associates, Inc. Location: 4350 West Sunrise Boulevard, Suite 101-D Plantation, FL 33313 Established: 1980 Discipline: Food Consultant '. ,. FIRM: ?ea.coc..l ..,. Lew:s DATE: IZ/Ð/93 QUESTIONS FOR ARCHITECT REVIEW 1. BRIEFLY DESCRIBE YOUR EXPERIENCE IN CLUBHOUSE AND/OR BANQUET FACILITY DESIGN. SIZE, L~CATION, STYLE. ARCHITECT /0 .,..~,+.9'f'rtfr RIOR DESIGNER /50 &,~ f'otrl' "'~dL./-L¡ A~~u><.A.. h.w MI4~ LM.-~SCf¿S 5~,~ {.A,V6~r- ~ h~~p,f_/s ~eeRu~ttht~/~btv 2. WHAT IS YOUR EXPERIENCE IN MEETING TIGHT TIME TABLE? IS OUR PROJECT DOABLE IN PROPOSED TIME? HOW WOULD YOU APPROACH THE PROJECT TO MEET TIME TABLE? ?~~.f T-_£"t\.:fJ, t.1-< f~ 6e...L..¿....&. þ/ e...v¡ s.hf 6 ~ "3'"&~ ~/r cJ.,~tt ¿..,,~/J:u dlJ¿'c-..U- t$dlG)~f~~" 3. DO YOU HAVE CADD? AJo {3,fJbb 12 4. HOW WILL YOU DO PROJECT SCHEDULING, I.E., PRIMAVERA, BAR DIAGRAMS, ETC.? ,Æ ,19 e d":L if ¿¿,w.. - ~t-~ epn1 "3e.Ldu.i-t. ~ eÐ~ ~~ 5. WHO WILL BACK UP PROJECT MANAGEMENT? ALTERNATES IN EVENT OF ILLNESS? iJ,.dJ~ ~ ¡:>~ ~~M~ ~ 5'e-J, JettcJ A.t..¡ ~ ?a-.J ).J~¡j!J . tJ ~ eÆ.. cßr,..., /"t1.-t::~ .e. r:J ,. 6. WHAT DO YOU FEEL ARE THE MOST IMPORTANT FEATURES OF A CLUBHOUSE? 5' ~ ((;)~&.)It!YY7, hOM<€.L.¡ t::';:[~ ~~ ,J L.u¡; I W/6¡- ..!2(J...l G¡ /y) t:t ~a.11') ~ J l4".:Jb ~ t!-¥~ RESTAURANT? F/-u,I:J"I, if 1) ~/J'+u 41£) s-¡J)'tf!L¡ :J ~ J It L4 ~ 5 pd {- ~ t'O ~...J/.¿.(.. éJ.Ä..La..J J Aú~ tI- {L'{J.~ t!~ðl.5 '. ,. ~. 6. ( CONT . ) KITCHEN? ~ ~ S.y.. Ð~& "fjJ.e..D....~ I ~- ~. -( ~ O~t1f'f~~ V~ -¡'1~ oIJ ~u--d-(J.,þ.. PRO SHOP? [à:f~~~ J A~~ ~~ ~~~ Cðý)UJ~ t;; ~e5t LOCKER ROOMS? I'h~ ADA A~ e~ ~~~S./ hd.MdlCð.fJ ~ ~ µ Ad::> 5/:3 -e... ~ toc!c. ~ S 7. WHAT DO YOU ESTIMATE THE SQUARE FOOT COSTS TO BE? WITH FURNITURE, FIXTURES AND EQUIPMENT? e OJ') :J.. :I 9¿J - /ðO >ðj'µ- FF£ _/~ - 2t!> u " 7- -1I30ÐJÐðO - ~S-ÐO,~ ð~ ~ . I" S J'12l:>~ Jt- ~~ 8. WHAT DO YOU ENVISION AS THE ARCHITECTURAL STYLE FOR OUR CLUBHOUSE? Irey Lð.u..::t O,e.. ðGb ¡:::-/h-1d~~/e - 4; t:..v;~ ()-€A aA1J~5 9. WHO ON YOUR PRESENT STAFF WILL BE DOING DESIGN WORK? C~~ 5~J/)~ - 4~~~ -¡'I/~£U/r~ K~ ~-' - ¿~:>c-tÞ.¡Oe~ 10. PLEASE EXPOUND ON TYPE AND SIZE KITCHEN YOU THINK IS NEEDED? A-€?<, 6 # I, ~ -Setf?tJ/~ ~ ~µ+o.~ SJ 'ð~4-~ . '. " - . [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE =;:'0 \"\\ ..... I·..., ' "., T : -._- ~ - ."- .,: ;;. ;~: '. \ ;: , ',.j:\ 1\( ":--.1:\:; 1 Wr:1..t.iØr*e D.1.rec:t Lin.e (407) 243-7090 MEMORANDUM Date: December 9, 1993 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Agreement with Old School Square, Inc. for Concert at Tennis Center on December 17, 1993 Attached for your approval is an agreement with Old School Square for a concert to be held at the Tennis Center on December 17, 1993. The agreement provides for Old School Square to pay the required rental fees and clean-up fees. If the Conunission desires, it may also authorize the City Manger to approve similar contracts for other events at the Tennis ceÌh~r. This would alleviate the necessity of bringing --- these agreements to the Conunission for each event. Please contact my office if you have any questions. DNT:sh Attachment cc: David Harden, City Manager Cheryl Leverett, Executive Assistant Joseph Weldon, Director of Parks and Recreation concert.dnt ~ '{Â " .. AGREEMENT THIS AGREEMENT made this _ day of , 1993 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "City") and OLD SCHOOL SQUARE, INC. , a Florida not for profit corporation, (hereinafter referred to as "Old School Square"). WIT N E SSE T H: WHEREAS, City owns and controls certain park land upon which is located the Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and WHEREAS, City has determined that it is in the best interest to present broad-range programming responsive to the wishes of the City of Delray Beach community in the Tennis .---.. Center that will serve the best overall interest and needs of all citizens of the City of Delray Beach; and WHEREAS, Old School Square has presented to City that it would like to use the Tennis Center for a concert on December 17, 1993; and WHEREAS, City has determined that it is in the public interest to enter into an agreement with Old School Square to permit the concert event at the Tennis Center. NOW, THEREFORE, it is mutually agreed as follows: l. That the provisions set forth and the clauses set forth above and commonly referred to as "WHEREAS" clauses are hereby incorporated into the body of this agreement and shall " have full force and effect herein. For the purpose of the agreement, the term "Event" shall mean the concert to take place on December 17, 1993. In the event of rain, the Event may take place on December 18, 1993. 2. The parties agree that Old School Square shall promote and produce the Event in a manner which complies with contemporary community standards and appeals to the interest of the general public for the Tennis Center and use its best efforts to promote this Event at the Tennis Center. Old School Square, at its sole cost and expense, shall provide management and personnel experienced in the promotion and production for the purpose of supervising and directing Old School Square' obligations under this agreement. 3. -~ld School Square shall have exclusive authority, subject only to the provisions and limitations set forth in this agreement, to negotiate all contracts or agreements, including, but not limited to, the contracts and agreements with suppliers, exhibitors, performers, concessionaires, advertisers, television and radio media and other media, sponsors and other parties relating to the Event. All contracts and agreements of any kind or nature whatsoever shall be negotiated and executed by Old School Square in its name and shall not be contracts and obligations of City. All contracts or agreements of any kind or nature entered into by Old School Square shall specifically contain language which provides that -2- '. - city is not a party to such agreement and is not obligated in any manner by any of the terms therein. 4 . It is understood between the parties that the relationship of City and Old School Square is that of an independent contractor. Old School Square shall have no authority to employ any person as an employee or agent on behalf of the City for any purpose. Neither Old School Square or any person engaging in any work relating to Old School Square' rights and obligations set forth herein at the request of or with the consent (whether actual or implied) of Old School Square shall be deemed an employee or agent of City, nor shall any such person represent himself to others as an employee or agent of City. Should any person indicate to Old School Sgnare or any employee or agent of Old School Square, by written or oral communication to Old School Square, that the person believes Old School Square or an employee or agent of Old School Square to be an employee or agent of City, Old School Square shall use its best efforts to correct or cause its employee or agent to correct that belief. 5. Old School Square, prior to commencement of any activities pursuant to the provisions of this agreement, shall comply with any and all licensing requirements and receive all necessary permissions, permits, approvals and licenses which are required to perform the activities of producer and promoter as set forth herein. -3- " '. 6 . Old School Square agrees to comply with all applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin or disability. 7 . City shall provide utilities for the Event at the Tennis Center. 8. Old School Square shall provide all personnel needed for the Event, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. Old School Square shall be responsible for the installation or removal of any additional staging or sound and/or lighting which is~ be utilized for the Event or any other equipment of any type or nature which is needed for the Event. 9 . Old School Square shall furnish security personnel in compliance with what the City determines, in its sole discretion, is necessary for the Event. 10. City at all times reserves the right to eject or caused to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws in either City nor of any its officers, agents or employees shall be liable in any manner to Old School Square or its officers, agents or employees for any damages which may be -4- " sustained by Old School Square through the exercise of this right by City. ll. Old School Square shall obtain insurance of the type, nature, and amount and pursuant to the terms which are set forth on Exhibit "A" which is attached hereto and incorporated herein by reference. 12. City and authorized agents and employees shall have the right to enter upon the subject premises at any and all reasonable times for the purpose of inspection and observation of Old School Square' operation to assure that requirements of this agreement are upheld and that no violations of the rules, statutes, ordinances or regulations have occurred or are occurring. During these inspections, City shall, without disrupting~he Event, have the right to utilize photographic devices and any other instruments for recording conditions and events taking place upon the subject premises. Said inspections may be made by persons identified to Old School Square as City employees authorized for such inspection or may be made by independent contractors engaged by City. 13. This agreement nor the rights herein granted shall be assignable or transferable by any process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy, either voluntary or involuntary or receivership proceedings. -5- 0' 14. Old School Square shall not make any alterations, additions or improvements to the Tennis Center or any part thereof without the prior approval of City. 15. Old School Square shall report safety deficiencies or any defects it notices on the premises immediately to City's Risk Manager and shall cooperate fully with City in the investigation of accidents incurring on the subject premises. 16. Old School Square does hereby release and agree to indemnify, defend and save harmless City from and against all claims, actions, causes of action, demand, judgments, costs, expenses, and all damages of every kind in nature incurred by or on behalf of any corporation or person whatsoever predicated upon injury or death of any person or loss over damaged property~ whatever ownership, in any manner arising out of or connected with, directly or indirectly, Old School Square' operation pursuant to the terms of this agreement, whether or not the incident giving rise to the injury, death, loss or damage occurs within or without the premises. 17. Old School Square acknowledges and agrees that City assumes no responsibility whatsoever for any property placed in the premises provided for herein and City is expressly released and discharged from any and all liability for any loss, injury, damage, theft, vandalism or other wrongful acts or acts of any kind or nature resulting in damage or loss to persons or property which may sustained by Old School Square' use of the premises. Old School Square further expressly waives any and -6- " all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply equipment or wires furnished for the premises or by reason of any loss or impairment of light, current or water supply which may occur from time to time for any cause, or by reason of any loss or damage sustained by Old School Square resulting from fire, water, hurricane, tornado, civil commotion, riot, theft or other acts of God, and Old School Square hereby expressly waives all right, claims and demands and forever releases and discharges City, its officers and agents from any and all demands, claims, actions and causes of actions arising from any of the causes aforesaid. 18.--o1d School Square shall pay to City for the rights and privileges granted herein One Thousand Five Hundred Dollars ($1,500.00) for the rental of the Tennis Center, Four Hundred Dollars ($400.00) for clean-up costs, and One Hundred Dollars ($100.00) for use of the lighting at the Tennis Center. These monies shall be paid no later than December 17, 1993. 19. Neither the waiver by City of any breach of the agreement, condition or provision of this agreement or the failure of City to seek redress for violation of or to insist upon strict performance of, any agreement, condition or provision, shall be considered to a waiver of the agreement, condition or provision, or of any subsequent breach of any agreement, condition or provision. No provision of this -7- '. agreement may be waived except by written agreement pursuant to all the necessary formalities of the parties. 20. This agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this agreement. 2l. This agreement constitutes the entire agreement between City and Old School Square and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 22. City shall not be responsible for its failure to make the premises available or to provide the facilities and services~scribed herein. Where such performance is rendered impossible and impractical to do strikes, walk-outs, acts of God, inability to obtain labor, materials or services, govern- ment restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty or similar causes or any other causes beyond the control of City. 23. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United states Mail, properly addressed, with postage prepaid. If given otherwise, then by registered or certified mail, it should be deemed to have been given when -8- " ,. delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Old School Square: Old School Square, Inc. 51 N. Swinton Avenue Delray Beach, Florida 33444 Either party may at any time by giving ten ( 10) days written notice designate any other address and substitution of the foregoing address to which the notice or communication shall be given. IN WITNESS WHEREOF, the parties hereto have caused this ---- agreement to be executed by their proper officials on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to Form and Legal Sufficiency: City Attorney -g- ,. .. . OLD SCHOOL SQUARE , INC ATTEST: By: Old School Square 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 Old School Square, Inc. , a Florida not for profit corporation, on behalf of the corporation. He/She is personally know to me or has produced as identification and did tdi..d not) take an oath. Signature of Notary public- State of Florida Print, Type or Stamp Name of Notary Public ossconc.ID\Il rev. 12/09/93 -10- " EXHIBIT "A" INSURANCE REQUIREMENT An Insurance Certificate must be issued to the City of Delray Beach as verification that insurance coverage is in effect to cover the event, including the City's liability. Such insurance in the form of a Special Events Insurance Policy or a Comprehensive General or Commercial General Liability Policy will be acceptable. The Certificate must verify the City's liability interests as being insured either as the Named Insured or Additional Insured, and the event must be identified on the Certificate. The Liability Insurance in the amount of $500,000 Combined Single limit must include coverage for: - Bodily Injury, Property Damage, and Personal Injury - Premises/Operations - Independent Contractors If any Company, Association or Organization by any name will be the primary or dominant sponsor of the event, and if that group agrees to....... assume the liability connected to the event, that fact must be verified on the Certificate as being the responsible sponsor who provides the liability coverage. " .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtM SUBJECT: AGENDA ITEM :It 8' .:B - MEETING OF DECEMBER 14. 1993 SPECIAL EVENTS PERMIT/FLORIDA JAYCEES DATE: December 10, 1993 This item is before you to approve a request from the Florida Jaycees to hold a carnival on the outparcel of the Delray Beach Mall, (corner of Linton Boulevard and Federal Highway) , from January 5 through 9, 1994. The Jaycees have received written authorization from the Delray Mall to use the site for the event. In addition to permits, health inspections and normal building requirements, staff recommends the hiring of off duty police to provide security during the event. Recommend approval of the request from the Florida Jaycees to hold a carnival January 5 through 9, 1994¡ with the condition that off-duty police be hired to provide security during the event. ~ 5-0 ,. ',III' I .. . . Agenda I tem No.: 'AGENDA REQUEST Da te: 12/7/93 Request to be placed on:, X Regular Agenda Special Agenda Workshop Agenda When: 12/14/93 Description of agenda item (who, what, where, how much): Request to hold a carnival at the Delray Mall January 5-9,1994 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda t ion: Approv~l \ Department Head S1qnaturel ~ ~-----. / / Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required OD all iteas involvinq expenditure of funds): Fundinq available: YES/ NO Fundinq alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: . Agenda Coordinator Review: Received: Action: Approved/Disapproved '. " MEMORANDUM TO: DAVID HARDEN, CITY MANAGER ~ FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT RE: REQUEST TO HOLD CARNIVAL/DELRAY BEACH MALL OUTPARCEL JANUARY 5 - 9, 1994 DATE: DECEMBER 7, 1993 ITEM BEFORE THE COMMISSION: Consideration of a request from the Florida Jaycees to hold a Carnival at the outparcel of the Delray Beach Mall, (corner of Linton Boulevard and Federal Highway) from January 5th through the 9th, 1994. Hildebrand's Amusement is the company providing the serV1ce. This action is before the Commission pursuant to Section 2.4.6 (H) of the LDR's. BACKGROUND: The Florida Jaycees request 1S submitted by Dr. Scott Snyder, membership Vice President. Written authorization from the Marketing Director of the mall is attached along with a site plan indicating the location of the carnival and associated parking. Proposed hours of operation are: Wednesday and Thursday: 5:00PM to 10:00PM Friday: 5:00PM to 11:00PM Saturday: 12:00 noon to 11:00PM Sunday: 12:00 noon to 10:00PM The non-profit organization has requested a waiver to any fees required. Staff will document the Jaycees participation in the fundraiser and if eligible, the 70% waiver to permit fees will be granted, pursuant to City Commission policy. The required investigation of the applicants business reputation, permits and approved inspections from the health department and normal building requirements will be met. We would also requ1re the hiring of off-duty police as mandated by the police department for security. RECOMMENDATION: Staff is recommending positive consideration of the Jaycees request along with the requirement to hire off-duty police for security as directed by staff. LB:DQ Attachments Jaycee.LB '. " u¡; Jhti..!~ n Florida 2000 N. GILMORE AVENUE TELfYHONE POST OFFICE BOX 90125 18'31 688-5481 LAKELAND, FLORIDA 33804-0125 Dr. Scott Snyder -Membership Vice President 11328 Okeechobee Blvd #9 Royal Palm Beach, FL 33411 (407)798-88991795-4568 FAX City of Delray Beach City Comrnisioners of DeJray Beach DeJray Beach, FL November 23,1993 Dear City Cornrnisioners: The DeJray Beach Jaycees would like to apply for pennission to operate a carnival ftmd- raising project at the DeJray Beach Mall at the comer of Federal Highway and Linton Boulevards nom January 5th thro~ This event will operate between the hours of five (5) and ten (10) PM from ~ursday, from 5 to I1PM Friday, from 12 to 11 PM on Saturday and nom 12 to 10 PM on Sunday. The carnival, Hildebrand's Amusements, will have both children's and adult rides in addition to family- style games and food booths. We are very excited at the prospect of operating this event as it will benefit several charities, including the Diabetes Research Institute and Food For The Poor. Since we are a non-profit organizatio~ we request that all fees, if any, be waived. Thank you for your assistance; I truly believe that this project will make both the Jaycees and the City of DeJray Beach proud. Sincerely, C§;~zr:- '- -... R\ECE~VE\D NOV 3 0 'ìSS3 \TV IMPROlJt;".." I CQM~~~,~¡N\STRAT\ON " ,. ,... DELRAY BEACH MALL November 8, 1993 To: Adam Jankow Delray Beach Jaycees 4963 Bonanza Drive Lake Worth, FL 33Lf67 Dear Adam: We would be delighted to donate the NE corner of our parking lot for your upcoming Carnival. The event, scheduled for Jan. 5 - 9, 1994, is sure to be a success with the finest quality of rides and games for families. We will isolate the NE corner of the parking lot, which is a grassy area for your use. It is indicated in the enclosed lease plan. We understand that a portion of the proceeds will benefit Jaycee Charities and are happy that we can support the event. Feel free to call should you have any further questions. Sincerely, 1640 South Federal Highway, Delroy Beach, Florida 33483. (407) 272-1781 ,. "II' I I g 0 I -< fì1 ~ r 5! (f);o -» -f' -i -< ïrr1 <Þ OJ ~ ""'0 f11 r» »n ZI s: » r r 'I..' ~ ~ I.i. ,.. ~' ..... -. I ..' ~. . ' ... :'1::0 CD :'1 fT1 ~ ..-{ @ ;-I» ~- r ..,:;:0 ~fTì ..-\ ~J:> ...- I Mt.~1 " " , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER y¡vl SUBJECT: AGENDA ITEM it ~C - MEETING OF DECEMBER 14. 1993 REOUEST FOR SPECIAL EVENT PERMIT DATE: December 10, 1993 This item is before you to approve a special event permit for the Sixth Annual Downtown Delray Beach Arts Festival to be held January 15 and 16, 1994 in the parking lot adjacent to Atlantic Plaza and Veterans Park. In addition, there is also a request to place ten booths in Veterans Park and to play music from the pavilion. Staff recommends approval of the additional requests and have requested that the applicant hire off duty police officers to provide security during the event. Recommend approval of a special event permit for the Sixth Annual Downtown Delray Beach Art s Festival, subject to the applicant hiring off duty police officers to provide security during the event. ~ 5-ð .. '·"1' - Agenda Item No.: AGENDA REQUEST Date: December ~. 1993 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Description of agenda item (who, what, where, how much): Request permission for Howard Alan Events, Ltd. to hold the 6th Annual Downton Delrav Beach Art Festival on Janu~ry 15 and 16. 1994 in the Darking lot adjarpnt to Atlantic Plaza and Veterans Park. Also request permission for 10 booths in the Dark in additioh to th~ 100 - 150 booths set UD in the Darking lot. ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: Determination of Consistency wi comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~i/ NO tJÞ1 Hold Until: ~' I Agenda Coordinator Review: Received: Action: Approved/Disapproved ~ ,. [ITY DF DELAAY BEA[H 100 N.W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: 6th Annual Downtown Delray Beach Art Festival DATE: December 7, 1993 Attached please find a request to hold the 6th Annual Downtown Delray Beach Art Festival on January 15 and 16, 1994. In the past, this has been held in the parking lot adjacent to Atlantic Plaza and Veterans Park. The parking lot is closed off and people using the Adult Center will use Atlantic Plaza parking. They are requesting permission for 10 booths in the park in addition to the 100 - 150 booths they have set up in the parking lot. They are also requesting to be allowed to play music from our pavilion. Because of some problems in the past, this year, at our recommendation, they have agreed to hire an off duty police officer. I recommend this be approved and request that you put it on the next available agenda for City Commission consideration. Parks and Recreation Attachment JW:cp Ref:dhartfst THE EFFORT ALWAYS MATTERS " C {J ;t/ T E# P {J R If R f( ~ r-"W ~ ~, ''t~ ~ "" .....j '1 - ~ - - """ ~, . . r, ~ ~l1.Æ1 ~ \)d ft, ~ (l\~( Howard Al.m Events, Ltd. ~ (jV\(L ~l iw ~~& i VV\. 't-CZ November 17, 1993 Þ US Joe Welden ~w, Parks, and Recreation Director City of Delray Beach 100N.W. 1 Ave Delray Beach, Florida 33444 Dear Joe: W(3,are putting togetherthe 6TH Annual Downtown Delray Art Festival, on Atlantic Ave. this years dates are January 15 &,16..1994, Saturday and Sunday. This year, we have the addition of Downtown Delray,Development Groùp.We will be hosting a benefit on their b~ha~If" Our corporate media sponsors include WRL Y FM, THE NEWS, THE NEWS SUN~SENTINEL, MIAMI HERALD, AND tentatively a TV STATION to be announced. As we have in the past, logistically we would like to request the same layout. Emanating from the-parking-Iot of the community center horseshoing around Atlantic Plaza. Additionally, the Pélrk looks great' and we would appreciate setting up some spots' in~he park. . I will be happy to visit with you and Dottie to discuss our hiring of police personnel to insure that all· participant~ of the community center have available parking spots. At that time we call go over all logistics. By planning earlier. the event will go off smoothly,. We look forward to a great show in Delray Beach and appreciate your time and concern onourbehalf. , Yours truly, RECEIVED NOV 1 9 1993 Howard Alan 1 g 0 N, 1 ~ N ¡.: :- L\ :~ [) H () -\ ). ~ liT ¡.: # 1 OJ . P L \ \ T \ 1'1 () \ , I I () I: 1 II \ :;:U:2:2 I :~ 0:; )1 72 - ;\ Î,') ,') · F ,\ \ 1:\ 0 ,')) -I ~ 2<\ :\ 'i I '. " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf/v \ SUBJECT: AGENDA ITEM i ~ D - MEETING OF DECEMBER 14. 1993 RESOLUTION NO. 110-93 DATE; December 10, 1993 This is a resolution vacating and abandoning general utility and water easements located within Tracts Band C of the plat of Congress Park South. During the review of the site plan and plat for the Levenger development it was discovered that certain easements, both public and private, needed to be abandoned. The private easements have been abandoned and the appropriate documentation has been provided. All comments pertaining to the abandonment of the public easements have been received. There are no objections to the proposed abandonment. Replacement easements have been provided through a replat of the property, which is also on your agenda for approval. Recommend approval of Resolution No. 110-93. ~ 5-0 '. .. " ; .~"\ .' '\ {t- C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ t:' CI.TY MANAGER THRU: D ANE DOMINGUE~'j ~ PR¡NCIPAL^' LANNER ..$ ~ FROM: STEVEN' È :----'[ YEC)R PLANNER SUBJECT: MEETING OF DECEMBER 14, 1993 ABANDONMENT OF PUBLIC EASEMENTS **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of three ( 3 ) general utility easements and one ( 1 ) specific easement (water) located within Tracts Band C of the plat of Congress Park South. Congress Park South is located west of Congress Avenue, between Atlantic Avenue and Lowson Boulevard. These easement abandonments are being processed pursuant to LDR Section 2.4.6(P), Abandonment of Public Easements. B A C K G R 0 U N D: On April 13, 1993 the City Commission, through Ordinance 25-93, approved the rezoning of Tracts B and C of Congress Park South from PCC (Planned Commerce Center) to LI (Light Industrial). This rezoning was enacted to accommodate the Levenger development. Concurrent with the rezoning request the applicant also submitted a site plan and a boundary plat petition for the site. During review of the site plan and plat it was discovered that certain easements, both public and private, would need to be abandoned. These existing easements were initially placed to accommodate a future building which has since been replaced by the Levenger building. Once these easements are abandoned, replacement easements will be dedicated with the replat. The request to abandon the four (4 ) public easements was transmitted to the appropriate utility providers and City staff in April, 1993. Notice was also made to the applicant that the six ( 6 ) private easements that needed to be abandoned would require private action through the Congress Park South Owners Association. Documentation showing the abandonment of the private easements has been provided. Action on the public easements will take place concurrently with approval of the final plat. " ,. City Commission Documentation Abandonment of Public Easements - Congress Park South Page 2 All comments pertaining to the abandonment of the four ( 4 ) public easements have been received. There are no objections to the proposed abandonment, therefore the this item is ready for Commission action. .. PLANNING AND ZONING BOARD CONSIDERATION: No Planning and Zoning Board consideration is requi~~d for the abandonment of public easements. .. R E COM MEN D E D ACT ION: By motion, approve the abandonment of one ( 1 ) 12' general utility easement, two (2 ) 24' general utility easements, and one ( 1 ) 12' water easement through the enactment of Resolution -93, pursuant to the following condition: * That this abandonment shall not become effective and this Resolution shall not be recorded until the plat for Congress Park South has been recorded. Attachment: * Reduced Survey & Location Map T:CPI<SEACC.DOC , ,It '. " ~ c,Y-- <è~ ~--{ ~\.,~ <J 0 ~ ~c.Jv ~\., c,0~ GO"" ~c,-{( ~\J~ N CONGRESS PARK - SOUTH '. " _. .~__"__·.·._h_ ~ .-- "---~.. RESOLUTION NO. 110-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING GENERAL UTILITY AND WATER EASEMENTS LOCATED WITHIN TRACTS BAND C OF THE PLAT OF CONGRESS PARK SOUTH, SAID EASEMENTS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, is the beneficiary of three general utility and one water easement, as shown on the Plat of Congress Park South recorded in Plat Book 47, Pages 98 and 99, Public Records of Palm Beach County, Florida, the legal descriptions for the four easements are attached hereto as Exhibits "A", "B", "C", and "D"; 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 easements; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined that the easements described in Exhibits "A", "B", "C" and "D", which are attached hereto and incorporated herein, shall be vacated and abandoned. Section 2 . That this Resolution shall become effective upon recording of the replat for Congress Park South. PASSED AND ADOPTED in regular s~~ day of December , 1993. A~¿~ , MA~R ~ City Clerk ,. ., -""-'''._-_. _._,.---~_.'--" --_._----_._-~.,._.._-_.._-,- EXHIBIT "A" Commencing at the Northwest corner of said Tract L-4¡ Thence East along the North line of said Tract L-4, a distance of 60.00 feet, to the Point of Beginning (P.a.B.) , said point being the centerline of a 12.0 foot in width Utility Easement, whose side lines are 6.00 foot each side thereof ¡ Thence South 00°00'00" East, a distance of 104.09 feet, to a Point Terminating on the North Line of Tract R as shown on said Plat of "Congress Park South", Plat Book 47, Pages 98-99, of the Public Records of Palm Beach County, Florida. 2 Res. No. 110-93 " " . ;. (~) (] . mHP Fc12 £XI-IIßIT "All :S·}.:;;·:.·::·;<.:;:·Y:i1:. "SU,R.VEYORS. ,..,.~Cr...,. .."... ... .,'.,.. ,', ".".".,."., 305 .~,3.,422f.., . . . . . . . . . 150 S.ANDREWS AVENUE, SUITE 350, POMPANO BEACH, flORIDA 33069 ~ N.W. CORNER OF P.O.C. TRACT L-4 w z ...J ~ TRACT L-4 a:: ç: t- ·CONGRESS PARK SOUTH· t; Q: ~ P.S. 47, PG. 98 & 99, < ~ ~ P.B.C.R. g: 6.0' - -S.OO·OO'OO~ 104.09'- - ~ ------- I ..J TRACT C ---------] I- .. .. POINT OF u CONGRESS PARK SOUTH TERMINUS p.a.B. 4( P.S. 47, PG. 98 & 99, P.B.C.R. ~ 12.0' UTILITY I.L. EASEMENT 0 ~-- w --- _- z ----_--...-. ::J -- , ~ Q: o Z ------- TRACT D "CONGRESS PARK SOUTH" P.S. 47, PG. 98 & 99, P.S.C.R. SKETCH OF LEGAL ABANDONED EASEMENT - 2 .w Y N Certlf1caUon: SCAL! 1· = 40.0' PAC! 1 or 2 I hereby cer1.lty that this '\l'Vey Is true and c«nct to the ~.t of my knooo4edgl ond b,IIe' and that It meets the Flaldo Minimum Tedl"lc:oI StondOf o. Nt f«11I by Ill, f1011do Boord of Professional land Surve)'Or. In Cb9pt K-: F1 Adm~i,ttothoe tðð.. PllrwuOl'lt to Section 472.027. florida Statul'~ _ . By -- F1..0RIOA REGIS "'YRON W. BlOW LOCA l10N SKETCH SUR'Y'O' DATE: J/1a/l3 UPDATES ond/Of RE\1S10NS DAlE BY O(D DRA""" BY: L.E. IOO1Ð IWtoM ""'- .. _ ----. _ _ _ ~=:~.~ ..:.=:- ~ =-=-...:.-=.= OiEC1ŒD BY: ....B. _\8 _ _ _.. _'- _~. .... __I .. _I _ '" .- _ ... _ .. _ "'"'"- _ ~_ -- 1M ..._ _ _.,"""""' """ ~ Olio F.B. P.G. ~ ~ - - ~ - ~ ... ......--'--7 -1- - .. ---. Und4M'Qround utmtl.. not loco led IVcepl a. shown. PRo..£CT NO. ,. .. ------.---.., EXHIBIT "B" Commencing at the Southwest corner of said Tract C; Thence North 00°09'26" East along the West line of said Tract C, a distance of 44.00 feet; Thence North 90°00'00" East, a distance of 66.07 feet, to the Point of Beginning (P.O.B.) , said point being the centerline of a 12.0 foot in width Water Easement, whose side lines are 6.00 foot each side thereof; Thence North 90°00'00" East, a distance of 246.12 feet; Thence North 45°18'31" East, a distance of 87.23 feet to the Point of Terminus. 3 Res. No. 110-93 .. ,. . þ (~ / ,-,' .-. mAP - f.X~ IBIT \\ e II . . . . . . . . - . . .,'. ,'. ,". ............ .... ',' ',' .... '." ',' -. . . . . . .. ,'. ,'.,'.. . ..,'. ..... ,',:. ...:.'.:.::.:.::......:.:.::.:......:.:...:...:.:.::.:.::.:. '::'" ~ '.: ..-.:. ....:. .:.:..' " " " ",...', :....~.:....:.:.:.~.:........ . :.. ...~., o ,::,::::':SUR\JEYÒji:š:::::).:·:&t):::::·:·:·::,.·::::::::::..'.'...::,:.:.:.:::::::::.:::::::.:::'::":..'....' ':.:.:·:::::::::·::::-:::::::::::·:':'·"3·d~'··'::::~:~~Li¿2:(:': P 0 C 150 S. ANDREWS AVENUE. SUITE 350. POMPANO BEACH. FLORIDA 33069 . . . YÆST LINE TRACT C N.00·09'26"E. 44.00' -------------~='- ---------------------~~ - - - - - - - ~,~ --------- ---, I' '\ N.90·00'00"E.- - - - - ~~, I I 66.07' '~~'\ 0: r---:II P.O.B. '\,.~ w 0:: ~I - , z ~~ I I ~ 0:: ~ ~ ~ ~ I I ~ TRACT C to- ~ 0 ~ IIII N "CONGRESS PARK SOUTH" ~ ~ N .-W I. to- _ _ ::-,I 0 =- -=-¡'Ig 1lg 1m : II :i TRACT L-4 ~6'O' ____ l'" 1- ~.:".. .,,~ " \'<9»<9- '\. ,'Ç...? ~ 11" ~ ,,\.V-~ - - - - - ~./ ;; -= =-=- -= =-=- -= =-=- -= =-=- -= =-=- -= =............- ------- TRACT D EASEMEN T 4 SKETCH OF LEGAL ABANDONED EASEMENT - 4 II' M N . / Certification: SCALE 1- = 100.0· PAGE 1 or 2 I hereby certIfy that this IUrvey II tn,¡e and cOTect to the b,.,t of my knowledge ond belIef and that It meets the Florida I.clnlmum Technic Stan ~...Aa nt for1tl by the Florida Boord of ProfessIonal Land Surveyors In p W Admk'llsVotM Code, purwuant ta SectIon 472.027. Florida Stotutn ~ -*- By . FLORIDA REGIS W. BlOW LOCA TlOO SKE'TQof SVR'ÆY OAT£: 3/18;;3 UPDATES ond/Of' REVISIONS DATI: BY 0<'0 DRAWN BY: loE. NOm _ ~ _ ... -.... _ _ .. =.~ ..:...':'=~.:; :..-::-..:'=.."= CHECIŒt> BY: I.(.B. _\a---~__~.__t.. _ ..~ IA .- .. .. _ .. _ _It... _ .._ - 1M __ .... ___ ~, ....... """ ~ title F.B. P.c. _ ~ _ ....-- ~ ... _.w-t.I lor ""I-et-.., _/_ -u '" --.. Underground utDIUea not located except ae shown. PROJECT NO. 0' " EXHIBIT "c" Commencing at the Southwest corner of Tract L-2; Thence North along the East line of said Tract B, a distance of 129.26 feet; Thence along a curve having a Radial Bearing of South 12°34'14" East, said curve being concave to the South, having a Central Angle of 08°37'35", a radius of 170.00 feet, and an Arc Length of 25.60 feet, to a point of Reverse Curve; Thence Westerly along a curve concave to the North, having a Central Angle of 21°11'50", a radius of 170.00 feet, and an Arc Length of 62.89 feet, to a point of Tangency; Thence North 90°00'00" West, a distance of 271. 06 feet; Thence North 00°00'00" East, a distance of 265.67 feet, to the Point of Beginning (P.a.B. ) said point being the centerline of a 24.0 foot in width Access and Utility Easement, whose side lines are 12.00 foot each side thereof; Thence North 00°00'00" East, a distance of 17.41 feet, to the Point of Curvature; Thence Westerly along a curve concave to the East, having a Central Angle of 21°47'12", a radius of 140.00 feet, and an Arc Length of 53.23 feet, to a point of Reverse Curve; Thence Easterly along a curve concave to the West, having a Central Angle of 43°34'25", a radius of 140.00 feet, and an Arc Length of 106.47 feet, to a point of Reverse Curve; Thence Westerly along a curve concave to the East, having a Central Angle of 21°47'12", a radius of 140.00 feet, and an Arc Length of 53.23 feet, to a Point of Tangency; Thence North 00°00'00" East, a distance of 325.08 feet; Thence North 90°00'00" East, a distance of 32.00 feet, to a point terminating on the West Line of Tract R as shown on said Plat of "Congress Park South", Plat Book 47, Pages 98-99, of the Public Records of Palm Beach County, Florida. 4 Res. No. 110-93 " " 0 .---.., 1 .~ '-" mAP - Ex hi b, + \'(!" " I 0 ~ .;;;t ·~ð~#î4ð~g·t~@~};~{;:~?J~ri;~~ti~r:~:~:;:i:~:;:::.· ..... .... . ....... ·~Ù:;g~Âi2i 150 S. ANDREWS AVENUE, SUITE 350, POMPANO BEACH. FLORIDA 33069 P.O.B, -- - - - -í12.0'- - --- -- - -- -=- - -, r: - P.R.¿-- r;= - - ---~ ---== í~b~~;':~2;5:7' - ,11-=1( TRACT E I I P.C. I q I~ I ~u=21·-47'12- œ: 1,1 III ~ III ...; RAO.=140.00' eõ II: III ~ ~ I II ~ I. ARC=53.23' NF I 1lü VlW I" . <. 1,1 I 1..- wV) ~ ~ ~ I 110 I TRACT B t;;~ ~ III~ < ~ I I g ·CONGRESS PARK SOUTH- ~ ¡::: ) L -= -:=]I I g: ~ 2 I II ~ I P.S. 47. PG. 98 & 99, P.S.C.R. (/)õ r- - III ~::J III O'! ~u 1,1 III ~íl 6=2111'50- VI øl II I I III III I RAD.-170.00' 1,1 Il P.T. ARC=62.89' øl ~~ I II "- ~ P.R.C. 1,1 "" .4 =08'37'35- øl RAD.=170.00' II ARCa25.60' - ---=..; ----- EAST UNE OF TRACT 8 TRACT A - - SKETCH OF LEGAL ABANDONED EASEMENT - 6 ..H~ " - N / Cerl:ll1catlon: SCALB 1- = 100.0' PAGE 1 OF , I hereby certify that tltls sun-ey Is tJo\Ie and corr~t to the bed a' my lcnowledge and belief and that It meets the Aorldo t.4lnlmum Technical Stand as set forth by the F1orIdo Boord of ProfessIonal Land Surve)'Ot's 'n Chapter 21H~ o Admhisttotive Cod.. pUr'1IUant to Section 472.027. FlorIda Statutes. By , FLORIOA REGIS 14225 ",'(RON VI. BlOW LOCA 1100 S1ŒTCH NOT VAUO YlfTHOUT INK SlCHATtRE AND OlBOSSED S£AI. OF CERTFYJNG StlR'Æ't'OR. SURVEY OA'JE; J/lð/J UPOATES and/Of' REVISIONS o ATE BY o<.'D DRA~ BY: LE. IIC1t: -- ,...,.,..., -. - - - - .. I-.¡oo#............... _ .,...."... .. ... "'- ............t_ ,...,....,.. h4r...- OiECKEO BY: ....B. --.... .. -" ...._...-..,. MOl _ ...... r._.. _It _ _ _ _1_ _ _. 'hlt .._. It .... ...,...- .. ........ . N4 _ .. _ _._ ""'" ..__ _ 1M .._ _ __ ., .ø..ro ...", __It ..... F.B. P.C. _ l-* _ ~ __ .... ..._ ... .............., ttt4/.. _to"'~ Underqround IJ\J1ltrtls not locotttd eYcept a. shown. PROJECT NO. IIJ-005 '. ., . ,"\ , ...--..... ., [ , "-" -- Ex.hi b,+ "[)" rn AP - ~ c ¡ .;l.. . . . . . . . . . . . . . · . . . . . . . . . . . . . . . . . . . . . '::30;œ4~ill¿2 . . . . . . . - . . . . . . . . . . . . . . . . . . . . " '. '. '. '. ", " ", '. " ", ", ", ", " " '. - . . . . . . . . . . . . . . . . . · . ....",',',',',',',',',.... -. . . . . . . . . . . . . . . . . . " " '. . .', .',',....",.... ' . · . '. .',....',',', . . 150 S. ANDREWS AVENUE, SUITE 350, POMPANO BEACH, FLORIDA 33069 P.R.C. -------------~ --------------------~~ - - - N.OO·OO'OO-E. 325.08' ~ ~, I P.T. ~ I 1- A =21'47'12-, N.90-o0'OO-£. 32.00' "~, I' RAD.=140.00 ,,~ I I ARC=53.23' ~ III I I A =43'34'25- POINT OF :: ~ (D .- F I I : I I RAD.=140.00' TERMINUS ~ t; ~ -:( 1'1 I ARC=106.47' Q: ~ «: l::I~ ~ I I- ß: IF ) L -= - :;=]1 I ~~ v>z r- - III w wS 1,1 II' TRACT C ¡!:§ ~ 01 I , ·CONGRESS PARK SOUTH· I- / / III P.S. 47, PG. 98 & 99, P.S.C.R. ~ TRACT L-4 F' , l~ ----- / / , /,/ "", 0/ ,,~ / / fj--- ~; ---------- --------------- ~:J__~:; ---~ TRACT D TRACT A SKETCH OF LEG AL ABANDONED EASEMENT - 6 .It ~ ?" N Certl flection: SCALB 1- = 100.0' PACE 2 OF .. I hereby certify that thl. ,urvey I, trve and correct to the best of my kno".d~. and belief and thot It meets the Flarldo Minimum Technical StandanfJ os set forth by the f1or1da Boord of ProfessIonal Land Su....,,)"Ors In Chapter 21HH-6 arl Admini,lrou... Cod.. pur~ont to Section 472.027, Flarldo Statut... By . lOCA l10N SKETai NOT VAUD 'MTHOUT INK SIGNATURE IItID £JJ8OSSED sal OF ŒRnrtlNC StJR\Ð'DR. SURVEY OA TE: 3/18/Sl3 UPOA TES and/or REVISIONS 0"1£ BY 0('0 DRAWN BY: u:. IIOIt: -- ,."....,..., - - --- -.- - ... '......t....... .,. ............ _ tal .. ...~ .....c1... ~.... æ(CKEO BY: "'.B. ~ '" _...,.---" Nt _ _.. .._...... ._b _ _ _-"_ _ f\.w1.toer, _ _..t Ie ..ot ht_ too _ _ ... _ .. ...... "'oIt..... _ ...__ _4 .. ........ _ __ ., -.. ..... --'<t. _ F.B. P.G. _ l_ _ __ .... _ __ tor ""'l__..., -;-_011-' , Underc;¡round utmUo, not faceted except 01 mown. PROJECT NO. .. " EXHIBIT "D" Commencing at the Southwest corner of Tract L-2; Thence North along the East line of said Tract B, a distance of 129.26 feet, to the Point of Beginning (P.a.B.) , said point being the centerline of a 24.0 foot in width Access and Utility Easement, whose side lines are 12.00 foot each side thereof; Thence along a curve having a Radial Bearing of South 12°34'14" East, said curve being concave to the South, having a Central Angle of 08°37'35", a radius of 170.00 feet, and an Arc Length of 25.60 feet, to a point of Reverse Curve; Thence Westerly along a curve concave to the North, having a Central Angle of 21°11'50", a radius of 170.00 feet, and an Arc Length of 62.89 feet, to a point of Tangency; Thence North 90°00'00" West, a distance of 271. 06 feet; Thence North 00°00'00" East, a distance of 265.67 feet, to the Point of Terminus. 5 Res. No. 110-93 '. '. , . . r- '" .-.....,1 . mAP - Exhd:>,+ \\0" !:§&~!#.~&b~§;.·:?£ili;~;;@}:~~;.:~·~"¡H{\;;·:;:;:.;;:;{D;:';:':::àà5':4ici~z; . . . .', . .',', . .". . .',', '. eo -0 ..", '".' '0·.·.·.",· . .' . "......... 150 S. ANDREWS AVENUE, SUITE 350, POMPANO BEACH, FLORIDA 33069 -- - - - -:..£12.0'- - - - rr: - - - -~- rrØb~t.fo~;:~;: 2~.:7~- TRACT E :" ,J ¡ POINT OF ~ III 5 TERMINUS ~.w I II"'" U1~ N ~ ~ I" ~ TRACT B ~ ~ I 110 I "CONGRESS PARK SOUTH" 4: 10 ~ I 0 I p.a. 47. PG. 98 & 99, p.a.C.R. ~2111~ ~::> III ~ ~í I A=21i1'50· , I I RAD.-170.00' P. T. I ARC=62.89' I ~ P.R.C. A =08J7'3S- RAD.=170.00' ARC=25.60' - ---==-= a:: --- ---- . ----- r-(D EAST UNE OF TRACT a U' <q 1RACT A ~a. -*- SKETCH OF LEGAL ABANDONED EASEMENT - 7 ,," - - N I Certification: SCALI 1" . 100.0' PiCE 1 OF 2 I hereby certify that thl. survey Is true and correct to the best of my kno.cedge and belief and that It meeta the n()(lda IAlnlmum Technical StO<\dord. as nt forth by the Florida Boord of Professional Land Surveyor. '" Chapter 21HH-6 Admlobtrou... Code. put'SUant to Section <472.027. FI()(!da Statutes. ~ By . flORIDA REGISTER 5 W'(¡ION W. BlOW LOCA 1100 SKE1'Qi NOT VAUD ~THOUT INK SIGNATURE AND £.W8OSSED SEAl OF' ŒRTJFnHC SUR\£YOR. SURvtY DA 1[: 3/18/93 UPDATES ond/or REVISIONS DATE BY O<"D OR"WN BY: L.E. M01f: _ ""'-" _ _ ..,.,... _ _ ... ...-- .. __ - '- ... ~___ _M __ CHECKED BY: W.s. ~ (e _to. 1tIIt--" .... _ ..... .....,.,tIDn.. ~ _ _ _ __ _ _. tlllo ..___ 10 _ M_ I:e _ .. .... _ .. _ _.... _ """".lioii - .. - - -- ., -.. - -...... - F.B. P.G. _ ~ _ ...... ... _ __ .., ......t_.., _I_ -u .. ,..... Underoround utllltHt. not IOCQt~ evc.pt a. ehown. PROJECT NO. V3-OO5 ., ,. . I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER[1JV1 SUBJECT: AGENDA ITEM # ~£ - MEETING OF DECEMBER 14. 1993 FINAL PLAT APPROVAL DATE: December 10, 1993 This item is before you to approve the final boundary plat for Congress Park South, located west of Congress Avenue, between Atlantic Avenue and Lowson Boulevard. The plat is required as a condition of site plan approval. The proposed replat will change existing lot lines between all four (4 ) tracts (A,B,C,D) of Congress Park South, provides replacement easements for those that are being abandoned, eliminates a portion of and reconfigures the private road (Tract R) I and provides a canal maintenance easement for the Lake Worth Drainage District. The plat has been properly prepared and is now ready for Commission action. All outstanding issues have been addressed with the exception of financial guarantees for public improvement (water and sewer mains) . A detailed staff report is attached as backup material for this item. Recommend approval of the final plat for Congress Park South located west of Congress Avenue, between Atlantic Avenue and Lowson Boulevard, subject to the condition that the financial guarantees be met prior to release of the final plat for recordation. ~ 5-0 ,. .";,, " . tl( t~A'1 C I T Y COM MIS S ION DOC U MEN TAT ION . TO: ~T~~IT~MANAGER THRU: DIANE DO INGUEZ 1 PR CIP "''fJ:.ER ~-ch1. FROM: STEVEN ~ YLOR PLANNER SUBJECT: MEETING OF DECEMBER 14, 1993 APPROVAL OF FINAL BOUNDARY PLAT FOR CONGRESS PARK SOUTH **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final boundary plat for Congress Park South. The project is located west of Congress Avenue, between Atlantic Avenue and Lowson Boulevard. This final plat is being processed pursuant to LDR Section 2.4.5(K), Minor Subdivisions. ~ B A C K G R 0 U N D: , On April 13, 1993 concurrent with the rezoning of Tracts B and C, the site plan (approved by SPRAB on April 21, 1993), and the abandonment of public easements (also before the Commission), a replat of Congress Park South was submitted. , The proposed replat will change existing lot lines between all four ( 4 ) tracts (A,B,C,D) of Congress Park South in order to provide for changes in ownership and in the development of the park. The plat provides replacement easements for those that are being abandoned, eliminates a portion of and reconfigures the private road (Tract R) , and provides a canal maintenance easement for the Lake Worth Drainage District. Along with the approval of the plat the abandonment of four ( 4 ) public easements is also before the Commission. In addition to the public easements, there are six (6 ) private easements which need to be abandoned. Documentation showing the abandonment of the six (6 ) private easements by the Congress Park South Owners Association has been provided. '. ,. . All pertaining the plat have .. comments to been addressed. The only outstanding issue is that of a financial guarantee for public improvements. These improvements include replacement water mains and sewer mains. The financial guarantee required totals $4,097.00 and will be required prior to releasing the plat for recordation. The plat is now ready for City Commission action. PLANNING AND ZONING BOARD CONSIDERATION: Planning and Zoning Board consideration is not required for final boundary plats. However, issues which would have been reviewed by the Planning and Zoning Board were reviewed by SPRAB along with the site plan. R E COM MEN D E D ACT ION: By motion, approve the final boundary plat for Congress Park South, pursuant to the following condition: * That the financial guarantee for public improvements be submitted prior to releasing the plat for recordation. Attachment: * Reduced Plat & Location Map T:CPSPLT.DQC ,. .·"1 .. ,LO:;'OL1 lSt'3 CL ',,,o:.-nH :.Jd "þ b d) ( .~ .:, , .'oç 'ÕL :: __ >dYe SS3ij'NO; ~~'t3 ¡ r~;¡;' / ,L6'çtL .LSV] U¡-.(o. ~d '.., -~-'.·.;~'~Lc.·~~:,ç~ == ; ..<,,~~~ , LI ,'/ -5~ ~~: ~ I' ", ' . '/-1 I I cO; J~"') ) - ~. ,~"'C' ( ,~ I~ ~ I~ ð. _ .,,-:1 '.." ,,' ....~ I . ,(., ' - ~ ' , , . I ....~~¡ _ j '~ ' ~ ~'- ;~ ~ I i~t \ . :) ,.... !:: : : ~ -------., is I... \ ¡:Olfl'" ~ ~ "' ,~'I[~ ~,~ I " \~ ~'!~..-~ I! ..; ';;.: ' 1 'I " < ./'; . Ii I \ o~ð~~ \ .. .. 3: ,~;;I:!!, ~_ / . i .,~r~ r \.... UCLL C - :I" I~I :5 o~ .f g :1:i,fl::Jj ; i ".; ~!r:~ '; ~F; : ~ ~<~5 ~! ~ ~ ~it '\ o .Ú-Ò z zi ..I,. ¡¡ "0 1'1 I!'~ ~ :s ~~;¡ \ 1- o I....:~! !':!'c p,~ II -- W ·;IGI~ 'Sy. Z cr. : II~ g . U ·~c· \ ;¿"ã 0,'1', "e - ~'C" .. ,,",c' \ t\' <:0 - I W N-- C> , . c::: .. ~ 2 - c "1 " z "' ~ ~ ...' " z ~ _' \- -..,; I : I .:;.; c \ ~ c ~ (' 'I',': ,;; ~ '. r. I .... '" _0 " - ~~ i' ~ :~: ~~;, __ ~ U C It.. .~,.. JL~ g ~: ii;~ .' ~-¡ ,00' ~ i . ,..., ~ ", \ _ : - .r! rH ~ .:·:.oc..06 N ¡ ~ i I ~i¡~~ ~h;:::-~:'~;;-~~,~,~~~-:,:,_-:,:,¥-:,---_:,==:,_-_:,-_-:,-~~~. \ ~i , ;, ~ . ! , I _ 8""0 ~í ':i \ ; : 'i I ,F-- ~ : '~~' :~.:: ,:: ~ ~ " A," ';'\ ';,t]:¡,~;tA,;~ ~; j:~;~, z :: :0 :! ~ ~ on! 'c¡,~' ~~g ,: rr~~'~:.~,~-=:~-" ~ h-i ",':'~:~ Gz~ "" ;"';a.' II"'" ;Y.¡.,....~~.~:.:- VI, :¡i '~ <~~ 'g f=f:';:: ,~ ~\ i~~ ~ I;, ; ______ f!:gj.., 8 µ; ~ ! !'"' µ 1 ~; (tV',.,. 1\ i, -, ~" z ~'¡ !il~ ~I ª\if :ì : i o 1'; Ii' ¡8 3 I 1 \ ~ !. '" !1' .~ "'I I \ :""~I ~ ~ 'no' ! 1 .{,("iLl ' "fl--' I I ;.... ;.., :5 ..t6!ir J.S1't, ;' ;, g 'f~ V c: t I~ i~ ~ ~;' <~ : ¡ I i ':~l ~ !~ ~i ~ ~i ~ ~ ~ I ! I _ ¡ i::; ð ~o ~ ~ ~ ... g 1 k, § ; :"'.: ~ ~L'\ ~ ~~ 0: ' I"'i :. :. \ .... 0 ...... ~ I ¡~¡ ~ ... L'\ z i~1 ~ 'I'· . " " - }¡' i, ~ .... L,8 I I r ~ ': ~ ~ ~ ~ ~ ~: ! ';i 1 ~ - ~.; ~ ~ ~~. ....... '" Z' I ! CD¡- ~ ! t . '" v. w ~~~!;. ,~: !; ~ " I : ~o: z ....' . I!': _:.l.'er\ ) ~' ¡:.. :¡. .9trOl. If .tf.OZ-611 "S ~I . ~: ~ : ~~ '0 ti .l:»vm; ::: ~ I L ¡ J '-- ð v.- . ~ ; ..IIIIf'Z ." .Zr.t\:"~i 'S - - -' \ ~~ - - - - - - - - - - Š ~: .0£ '06( 'M .Zt.O~6Q "S ~ J:..:~I!:~..~ &1 ~ ~ //~ . S!1ftI1 j"'\oI I "'t.O; g " i \ I I ~ / ,&o-r¡Oí -. _tt.O!..U ~ ,00"6 .600~l ~ .~: '"' ~g i ~ ~ ~ t ~ 'i ~ ~~~~~~ ;! ~ o ';f '" Ill' 2 .SS"90£ "N. .lC.OZ-68 -S : (~~~:" "d ·OJ~" "r: =::-' ~ '. ~ ~ ~c,y. <õ~ ~-..I. Q«,'v~ 0 ~ ~s<v ~'v c,o\J c:p0 ~c,~ ~-.J~ N CONGRESS PARK - SOUTH '. . . 1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf10 SUBJECT: AGENDA ITEM # ~f - MEETING OF DECEMBER 14. 1993 FINAL PLAT APPROVAL/CONGRESS SOUARE DATE: December 10, 1993 This item is before you to approve a minor subdivision plat for a portion of Congress Square which creates an outparcel from Tract C to accommodate Bennett Auto Parts. This plat is necessary in conjunction with the establishment of Bennett Auto Parts in the former Po Folks Restaurant in Congress Square, located on the southwest corner of Congress and Atlantic Avenues. A procedural waiver has been granted to accommodate the platting of only the outparcel. The plat review is still in process with only minor technical items needing attention. In order to accommodate the petitioners need to complete the plat during this calendar year, this item is being placed on the agenda without a full staff report. That document and details of the recommended action will be provided at Tuesday evening1s meeting. Recommend approval of the final plat for Congress Square (Bennett Auto Parts)¡ subject to the findings and recommendations from staff. ~ '. ,. . Agenda Item No.: AGENDA REQUEST Date: December 6, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: December 14, 1993 Description of item (who, what, where, how much): Staff requests city Commission to approve Change Order #1 to Harry Pepper and Associates, Inc. on the In-Line Booster Master Pump Station and Transmission System Improvements (90-05). Change Order No. 1 is for miscellaneous changes to the Project including changing the diesel fuel tank from steel to concrete encased, revisions to the force main installation, additional gravity sanitary sewer and electrical/mechanical changes. Change Order #1 is for a net amount of $0.00. It also includes a thirty (30) day time extension to the Contract. Also provided is a "Cumulative Change Order Summary" which summarizes all items added by Change Order to date and the origin of initiation (Schedule B). ORDINANCE/RESOLUTION REQUIRED: YES /~ DRAFT ATTACHED YES /fi) Recommendation: Staff Recommends approval of Change Order #1. Department Hea~ /Iv Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: m1 Approved for agenda: é$/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ,. " ~I/ . ( , !,~~1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ T. HARDEN, CITY MANAGER FROM: ~~J~~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER 14, 1993 FINAL PLAT, A PORTION OF CONGRESS SQUARE (FOR BENNETT AUTO STORES) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a final plat (minor subdivision). The associated project is the establishment of a Bennett Auto Stores outlet in the the former Po Folks Restaurant site located in Congress Square, southwest corner of Congress and Atlantic. B A C K G R 0 U N D: This item is a minor subdivision and only requires action by the City Commission. The activity is that of creating an outparcel from existing Tract C of Congress Square. A procedural waiver has been granted to accommodate the platting of only the outparcel in order to accommodate completion of the land sale during this calendar year. As of this writing, the plat review is still in process with only minor technical items needing attention. In addition access easements across the balance of Tract C will be necessary and they are to be provided by separate instrument. In order to accommodate the petitioners need to complete the plat during this calendar year, and this being the final meeting of the City Commission in 1993, the item is being placed on the agenda without the full staff report. That document and details of the recommendation action (findings and conditions, if any) will be provided on Tuesday. " City Commission Documentation Final Plat, a Portion of Congress Square (for Bennett Auto Stores) Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board does not review minor subdivision petitions. The proposal does not involve land which is subject to review by any other advisory body. Subsequent modifications to signing and building (architectural) elevations will handled by SPRAB. R E COM MEN D E D ACT ION: By motion, approval, pending further information as to recommended conditions of approval, if any. T:CCBENNET .. " C I T Y COM MIS S ION DOC U MEN TAT ION TO: (/ ~~ CITY MANAGER THRU:~'__~~DA D J. CS, ~ DEPARTMENT OF PLANNING AND ZONING FROM: STEVEN E. TAYLOR PLANNER SUBJECT: MEETING OF DECEMBER 14, 1993 FINAL PLAT, A PORTION OF CONGRESS SQUARE (FOR BENNETT AUTO STORES) **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a final plat (minor subdivision). The associated project is the establishment of a Bennett Auto Stores outlet in the the former Po Folks Restaurant site located in Congress Square, the southwest corner of Congress and Atlantic. The formal name of the replat is CONGRESS O.P. PLAT. B A C K G R 0 U N D: This item is a minor subdivision and only requires action by the City Commission. The activity is that of creating an outparcel from a portion Tract C of Congress Square. A procedural waiver has been granted to accommodate the platting of only the outparcel in order to accommodate completion of the land sale during this calendar year. Recent documentation indicated that the full staff report and details of the recommendation action (findings and conditions, if any) would be provided on Tuesday. This documentation will address those issues. P L A T A N A L Y S I S . . Processinq Waiver: The Congress O.P. Plat subdivides Tract C of Congress Square resulting in the creation of two lots. By definition (SUBDIVISION) in the LDRs, the creation of two lots where there was one is a subdivision. By definition (PLAT) in " .. . City Commission Documentation Final Plat, a Portion of Congress Square (for Bennett Auto Stores) Page 2 the LDRs, a plat depicts the subdivision. Further, by Section 5.2.1 Pursuant and Section 2.4.3(H)(1), it is clear that all the land involved in the subdivision is to be shown on the plat document. A plat which depicts only that portion to be known as Congress O.P. was submitted in November, 1993. On November 17, 1993, a status letter which informed the applicant of the need to resubmit as "subdivision" plat as opposed to a "boundary" plat was provided. On November 23rd, Richard Sheremeta requested, in writing, an alternative approach in order to accommodate a filing in this calendar year. On November 30th, the Director met with Mr. Sheremeta and agreed to accept an opinion from the City Engineer as to the need to replat the entirety of Tract C. By phone conversation on December 1st, the City Engineer provided his acceptance of only a partial plat. Pursuant to those discussions, the Director issued a processing waiver and accepted a partial plat due to the proximity of the final City Commission meeting of the year. Technical Compliance: * Limited Access Easement is being provided along the Atlantic and Congress Avenues frontages. This results in the parcel not having access. To provide legal access, it is necessary that an access easement be provided over the balance of Tract C to this new parcel. Such an easement is being prepared under a separate instrument. That instrument is to be recorded prior to recordation of the O. P. Plat and reference thereto is to be shown in the dedication statement on the plat. * The parking required for use of this approximately 5,500 sq. ft. building is 25 spaces. The are approximately 78 parking spaces on the new parcel. Thus, there is sufficient parking available to accommodate the proposed retail use and a stand-alone restaurant. However, there is an implication for the balance of the shopping center in that the utilization of the parking spaces on the new parcel (O.P.) shall require an easement to the balance of Tract C. Such an item is NOT A PART of the present proposal; thus, the balance of Tract may be parking deficient upon recordation of this replat. * Non-conformities with respect to perimeter landscaping are being created with this replat. On the new interior lot lines (south and west), the boundary is at the "head" of the parking spaces. Existing landscaping is on the adjacent property. There is a general requirement that perimeter landscaping be provided between a parking area and the property line. Since there is an excess of on-site parking, SPRAB may wish to address this created non-conformity and enhance parking during consideration of any application (building elevation changes, etc.) which may come before that body. '. ·. . City Commission Documentation Final Plat, a Portion of Congress Square (for Bennett Auto Stores) Page 3 * Any signing for the proposed use (Bennett Auto Supply) will be required to be on the out-parcel site as opposed to off-site in conjunction with the balance of the shopping center. * Technical aspects for the plat are acceptable given the waiver provision previously cited. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board does not review minor subdivision petitions. The proposal does not involve land which is subject to review by any other advisory body. Subsequent modifications to signing and building (architectural) elevations will handled by SPRAB. R E COM MEN D E D ACT ION: By motion, approve the Congress O.P. Plat, subject to the following condition: * That an executed copy of the cross access and drainage agreement be provided prior to releasing the plat for recordation. Attachments * Reduced Plat T:BENNETCC.DOC '. . ~?" Co NG .~-~ Ij , -~'J/. ·1 0 ¿:~~¿: () \9 t7 --------- V) _ _~ , 4'. ~ . " "'~". '-' . ':J,- ~~{) ,'~' . ,~ ~: 1285 ACR.ES ~ }.... :~:.: Ñ ,.:.. a···· . .' <:r..: '-:,.' ,''',,/ : ...... ...::~.. '-.<,... ".,'", , " :-.... \.t.. . (pO pLAT" ¿/M IT!> \ ' .8' ='" /cDS,4-S AI /.8 / /-..-' ^' \ , '.. _ n ,...,. 'p~¡qT \ /0 n." ~~.: :", : ' '/MITS l.P . . ....-.. . -" - ". -. .. '. ., . '. þ p ~::::" '.' '(:', C.:\.; ::') , » ,:-:<::, ~ ! ':,F) .. TITLE CERTIFICATION: STATE OF FLORIDA ) SS COUNTY OF PALM BEACH) I. DOUGLAS E, GONANO. ESQ,. AS PRESIDENT OF GONANO & HARRELL. CHARTERED. A DULY LICENSED ATTORNEY I~ THE STATE OF FLORIDA DO HEREBY CERTIFY THAT I HAVE EXAMINED THE ITLE TO THE HEREON DESCRIBED PROPERTY. THAT I FIND THE TITLE TO TH~RPROPERTY IS VESTED IN CONGRESS Þ SQUARE. LTD, , A FLORIDA LIMITED PARTN SHIP AND HHHCS. INC,. GENERAL PARTNER. THAT THE CURRENT TAXES HA~~_~~~N.PAID, THAT THE PROPERTY IS -..._....------ _.~:- '.'---~"'-~- -"-',,"".,- .~ -....... ".- ','~--.-."~,::,,~-- ".-::-::" " .. [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE :!.)(i ~< \ V ¡~, ! .\ \ ¡ - \.; ¡ 't.- . :.H ~ L 1, :\ Y In. C: i -'1.::IU:\1:,.:':..l Wr~t_r·_ D~r_ct L~n_ t:\ l :--: ~ \ í ¡ Lx ."-, -"~:''' (407) 243-7090 MEMORANDUM Date: December 9, 1993 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Selena Williams v. City Settlement Offer I attended mediation on November 8, 1993 in the above case. Ms. Williams was involved in an automobile accident with a police car on March 12, 1992. The parties have agreed to settle this case for $12,500.00. Both our office and the Risk Manager recommended approval of this settlement. Please call if you have any questions. DNT:sh '------. cc: David Harden, City Manager Lee Graham, Risk Manager Cheryl Leverett, Executive Assistant selena-4.dnt ~ <:{t; ., " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUBJECT: AGENDA DECEMBER 14 1993 CHANGE PEPPER AND ASSOCIATES. INC. DATE: December 10, 1993 This item is before you to approve a change order which extends the contract completion date by 30 days to the contract with Harry Pepper and Associates, Inc. for the In-Line Booster Pump Master Station and Transmission System Improvements project. Change Order No. 1 is for miscellaneous changes to the Project which includes changing the diesel fuel tank from steel to concrete encased, revisions to the force main installation, additional gravity sanitary sewer and electrical/mechanical changes. There is no dollar amount increase to the contract. Recommend approval of Change Order No. 1 to the contract with Harry Pepper and Associates, Inc. for the In-Line Booster Pump Master Station and Transmission System Improvements project. ~ I" "u, " , Agenda Item No.: AGENDA REOUEST Date: December 6, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: December 14 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve revised final payment to to Dutch Construction Co., Inc. for the Atlantic Avenue Beautification Project (91-60) from NW 12th Ave to Swinton Ave. Final payment was authorized previously by the City Commission for final payment in the amount of $21,013.48. $13,868.16 of the $21,013.40 was paid in the form of joint checks to vendors still owed money on the project leaving a residual amount of $7,145.32 to be paid to Dutch directly. David Tolces, Assistant city Attorney, has discussed this situation with Dutch's attorney. It was agreed that $2,000.00 would be paid to Dutch directly and the remaining $5,145.32 would be paid to Wausau. Funding source is 225-4141-572-61.49 ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES/~ Recommendation: Staff Recommends approval of revised final payment be made to the Contractor and their surety based on the above. D~partment ~ ..;1 ~ S~gnature: 1 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. & DeS.jfiPtion ~- L.[Ig]-~1~- to . Account Balance r'\, \l.\~. City Manager Review: Approved for agenda: g/NO fÝ/ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen601.doc '. " CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 90-05 DATE: PROJECT TITLE: In-Line Booster Master Pump Station and Transmission System Improvements TO CONTRACTOR: Harry Pepper and Associates, 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: Changes per Schedule "A" Attached SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 3,135,062.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 3,135,062.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 0.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 3,135,062.00 PER CENT INCREASE THIS CHANGE ORDER 0 % TOTAL PER CENT INCREASE TO DATE 0 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE ORDER IS SEVEN (7) CALENDAR DAYS FOR THE ACTUAL WORK DESCRIBED IN SCHEDULE "A" AND TWENTY-THREE (23) DAYS FOR ELAPSED TIME FROM THE NOTICE TO PROCEED DATE DUE TO PROPERTY NEGOTIATIONS WITH THE ELKS CLUB PER ATTACHED LETTER DATED MAY 5, 1993. EXTENSION OF TIME REFERS TO ALL CONTRACT MILESTONE DATES INCLUDING BENIFICIAL USE AND EARLY COMPLETION DATES AS FOLLOWS: Early Completion Date: January 6, 1994 Beneficial Use Date: March 7, 1994 Substantial Completion Date: May 6, 1994 Final Completion Date: June 5, 1994 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate R. Kent Veech for Harry Pepper and Associates, Inc. for Professional Engineering Consultants, Inc. TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 447-5166-536-60.31 FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: William H Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk '. .. Schedule "A" Change Order #1 Project No. : 90-05 Project Name: In-Line Master Pump Station and Transmission System Inprovements CO Total Description # ----------------------------------------------------------------------------------------- 1 Replace steel fuel tank with concrete encased fuel tenk to comply with Fire Department requirements per City Ordinances 1 $9,252.33 2 Connect electrical power to solenoid valves for seal water sustems at Lift Stations 1,4 and 11 1 $3,228.68 3 Monorail connection revisions at Lift Stations 1,4 and 11 1 $1,709.26 4 66-inch storm sewer conflict at S.E. 3rd St & S.E. 7th Ave 1 $5,023.67 5 Telephone duct/storm drain conflict at S.E. 7th Avenue and S.E. 1st St1 $2,828.74 6 Remove deteriorated manhole and install 16" DIP gravity sanitary sewer at existing main at N.E. 1st St 1 $1,791. 14 7 10" force main conflict with 48-inch storm sewer at N.E. 3rd St. and N.E. 3rd Ave 1 $557.38 8 Additional labor and expenses for 24-inch tie-in at N.E. 7th Ave 1 $13,926.08 9 Additional labor and expenses for 16-inch tie-in at N.E. 1st Street 1 $3,502.18 10 Additional labor and expenses for 6-inch tie-in at N.E. 3rd Street 1 $1,401.79 11 Install gravity sanitary sewer on N.E. 1st Street from to new Lift Station #100A 1 $18,000.00 12 Delete air scrubbers at LS #5 and LS #100A 1 ($25,543.08) 13 Remove existing catch basin and install 12-inch storm sewer on N.E. 1st Street 1 $1,177.84 14 Relocate air scrubber and other related modification to Lift Station 41 $9,152.95 15 Relocate electrical equipment at Lift Station 11 to accomadate new scrubber equipment 1 $800.00 16 Gravity sewer repair at S.E. 7th Avenue and S.E. 4th Street 1 $1,367.59 17 Replace jack and bore crossings at Federal Highway and Atlantic Avenue with open cut crossings 1 ($15,000.00) ------------ Subtotal for Cumulative changes per Schedule A above $33,176.55 Less reduction in Contract contingency allowance (1.19i) ($33,176.55) --.........---..-- Total net cumulative Change Order #1 $0.00 =======::==== ., · Schedule B Cumulative Change Order Summary Project No. : 90-05 Project Name: In-Line Master Pump Station and Transmission System Inprovements CO Total Origin of Initiation/Explanation Description # ----------------------------.------------------------------------------------------------------------------------------------ Architect/Engineer changes ------------------------------ 1 Replace steel fuel tank with concrete encased fuel tank to comply with Fire Department requirements per City Ordinances 1 59,252.33 A/E design change for Code compliance 2 Connect electrical power to solenoid valves for seal water sustems at Lift Stations 1,4 and 11 1 53,228.68 A/E change for additional costs required - shown on mechanical drawings but not on electrical 3 Monorail connection revisions at Lift Stations 1,4 and 11 1 51,709.26 A/E change for additional costs required for revised monorail connections ------------- Subtotal for Architect/Engineer cumulative changes 514,190.27 ----------------------------------------------------------------------------------------------------------------------------- Unforeseen Conditions ------------------------------ 1 66-inch storm sewer conflict at S.E. 3rd St & S.E. 7th Ave 1 55,023.67 Additional costs for labor and equipment required for 20" force main installation at existing 66" storm 2 Telephone duct/storm drain conflict at S.E. 7th Avenue and S.E. 1st St1 52,828.74 Additional costs for labor and equipment required for 20" force main conflict with existing utilities 3 Remove deteriorated manhole and install 16" DIP gravity sanitary sewer at existing main at N.E. 1st St 1 51,791.14 Additional costs due to deteriorated condition of existing facilities encountered during force main installation 4 10" force main conflict with 48-inch storm sewer at N.E. 3rd St. and N.E. 3rd Ave 1 5557.38 Additional costs for labor and equipment required to install 10" force main under 48" RCP 5 Additional labor and expenses for 24-inch tie-in at N.E. 7th Ave 1 513,926.08 Additional costs required at 24" tie-in due to existing conditions encountered during tie-in including backflow from the Regional Treatment Plant 6 Additional labor and expenses for 16-inch tie-in at N.E. 1st Street 1 53,502.18 Additional costs required at 16" tie-in due to existing conditions encountered during construction 7 Additional labor and expenses for 6-inch tie-in at N.E. 3rd Street 1 51,401.79 Additional costs required at 6" tie-In due to existing conditions encountered during construction ------------- Subtotal for Unforeseen Condition Cumulative changes 529,030.98 '. . --.....---------------------------------------------------------------------.-------------------------------.------------------------ City requested changes ------------------------- 1 Install gravity sanitary sewer on N.E. 1st Street from to new City (Env Svc) requested to complete Lift Station #100A 1 $18,000.00 Veterans Park by-pass 2 Delete air scrubbers at LS #5 and LS #100A 1 ($25,543.08) City (Env Svc) requested¡scrubbers not require required at these two lift stations 3 Remove existing catch basin and install 12-inch storm sewer on N.E. 1st Street 1 $1,177.84 City (Env Svc) requested to replace existing deteriorated pipe 4 Relocate air scrubber and other related modification to Lift Station 41 $9,152.95 City (Env Svc) requested to move scrubber equipment inside facilities 5 Relocate electrical equipment at Lift Station 11 to accomadate new scrubber equipment 1 $800.00 City (Env Svc) requested to allow inside installation of scrubber equipment 6 Gravity sewer repair at S.E. 7th Avenue and S.E. 4th Street 1 $1,367.59 City (Env Svc) requested for repair of exlstin deteriorated gravity sewer encountered during construction ------------- Subtotal for City requested cumulative changes $4,955.30 ------------------------------------------------------------------------------------------------------------------------------------- Contractor (Value Engineering) changes ------------------------------------------ 1 Replace jack and bore crossings at Federal Highway and Atlantic Avenue with open cut crossings ($15,000.00) DOT approval obtained for method change ------------- Subtotal for Contractor (Value Engineering) changes ($15,000.00) ------------ Subtotal for Cumulative changes per Schedule B above $33,176.55 Less reduction in Contract contingency allowance (1.19i) ($33,176.55) ------------ Total net cumulative thru Change Order #1 $0.00 ------------ ------------ . .. Project 90-05 Master Booster Station Change Order Recap thru Change Order #1 -.-.---------.--------.-----------------------------------------------------------.-----------------.-......-------.... ITEM ITEM ITEM DESCRIPTION Allowance Credit to Net Amt NO. INITIATE Amo.....t Allowance Remaining --------------------------------~-------------------------------------------------------------------------------------- a allow Booster Station RTU and Antenna $15,750.00 $15,750.00 b allow Lift Station 100A RTU and Antenna $7,350.00 $7,350.00 c allow Landscaping and Irrigation at Booster Master PI.II1J Station $30,000.00 $30,000.00 d allow Electrical Service - Booster Station $6,000.00 $4,740.00 FPL service ($1,260.00) e allow Electrical Service - LS 100A $2,000.00 $2,000.00 f allow Electrical Service - LS 5 $2,000.00 $1,100.00 FPL service ($900.00) g allow Electrical Service - LS 11 $2,500.00 $2,025.00 FPL service ($475.00) h allow Electrical Service - LS 18 $2,000.00 $2,000.00 i Allowance for contingencies $50,000.00 $16,823.45 RFP 1 Revised fuel tank (RFP No.1) ($9,252.33) RFP 2 Gravity sewer additions at N.E. 1st St ($18,000.00) RFP 3 Deletion of air scrubbers at 5 and 100A $25,543.08 1JD1 Delete Jack and Bore Federal & Atlantic $15,000.00 Util ity claims HPA Remove CB install 12" RCP on NE 1st St ($1,177 .84) HPA Telephone duct/storm drain Q SE 7th Ave/1st St ($2,828.74)* HPA Conflict w/20" force main at SE 3rd Stl7th Ave ($5,023.67> HPA Remove deteriorated MH/install 16" DIP Q NE 1st St ($1,791.14) HPA Vertical conflict w/48" RCP and 10" force main Q NE 3rd Ave/St ($557.38)* HPA Additional L & E for 24" tie-in on NE 7th Ave ($13,926.08)* HPA Additional L & E for 16" tie-in íiI NE 1st St ($3,502.18)* HPA Additional L & E for 6" tie-in íiI NE 3rd StINE 7th Ave ($1,401.79)* Gravity sewer repair at S.E 7th Ave and S.E. 4th St ($1,367.59) RFP 7 Relocation of air scrubber at LS #4 ($9,152.95) RFI 23 Electrical to solenoid valves Q seal water - LS 1,4,11 ($3,228.68) RFI 24 Monorail connection revisions íiI LS 1,4,11 ($1,709.26) Relocate electrical panels íiI 11 for relocated scrubber ($800.00) ----------------------------------------------------------------------------------------------------------------------- Net total contingency remaining $81,788.45 ------------ ------------ '. " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tìfv1 SUBJECT: AGENDA ITEM it ~ - MEETING OF DECEMBER 14. 1993 REVISED FINAL PAYMENT TO DUTCH CONSTRUCTION COMPANY. INC. DATE: December 10, 1993 This item is before you to approve the revised final payment to Dutch Construction Company, Inc. in the amount of $2,000 and to Wausau Insurance Company in the amount of $5,145.32 for completion of the Atlantic Avenue Beautification Project I-95 to Swinton Avenue. The Commission previously authorized final payment to Dutch Construction for the above project. Part of the final payment was paid in the form of joint checks to vendors still owed money on the project. A residual amount of $7,145.32 remained and was to be paid directly to Dutch Construction. Subsequently, we received a request from Wausau Insurance Company, surety for the project, requesting that we pay the residual amount directly to them to cover monies they had expended on behalf of Dutch Construction under the terms of their general indemnity agreement. The City Attorney's office has negotiated a settlement¡ $2,000 will be paid to Dutch Construction and $5,145.32 to Wausau Insurance Company. Both parties agree to this division of funds. Recommend approval of the revised final payment to Dutch Construction Company, Inc. in the amount of $2,000 and to Wausau Insurance Company in the amount of $5,145.32 for completion of the Atlantic Avenue Beautification Project I-95 to Swinton Avenue i with funding from Decade of Excellence Bond Issue - Atlantic Avenue Beautification Project I-95 to Swinton Avenue (Account No. 225-4141-572-61.49). ~ '. .. Agenda Item No.: AGENDA REOUEST Date: December 7, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: December 14, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve Change Order #5, final to Dutch Construction Company, Inc. for the redevelopment of Veterans Park. (Project No. 91-49) Change Order No. 5, final is for elimination of a portion of the scope for the retaining wall adjacent to the Atlantic Ave bridge including electrical work which was part of the FPL line relocation. This was deleted because DOT permits could not be obtained during the construction period. Remaining work on these items will be constructed as part of Phase II of Veterans Park. All work is in accordance with Schedule "A" attached. change Order #5 is for a net deduct amount of $5,958.00. Funding source is #2~-4126-572-61.63. Staff also requests authorization to make final payment to Dutch Construction iR40 ~) the amount of $44,995.03. (p.:5·~/l'r5")7..-(P'.1I3 ð4.B11ø.20) L3'3c..t-C.HÂ.(P·S'1~-fol.lo.3 )18. Also provided is a "Cumulative Change Order Summary" which summarizes all items added by Change Order to date and the origin of initiation (Exhibit B). ORDINANCE/RESOLUTION REQUIRED: YES@ DRAFT ATTACHED YES(;;) Recommendation: Staff Recommends approval of change Order #5 Final and final payment to Dutch Construction Co., Inc. Department H~ ~~ Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (r~ired on all items involving expenditure of funds): Funding available: ESVNO Funding alternatives (if applicable) Account No. & DescriPtion~-W'J.~Î;2..¡'J"~ and 33<1-~/~('-S1¡-IJJ.h3 Account Balance B?b bl./O IB.e~ City Manager Review: ~ ~71 Approved for agenda: YES NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved .. ., Memorandum To: David T. Harden, City Manager From: William H. Greenwood, Director of Environmental Services Date: December 6, 1993 Re: Atlantic Ave Beautification (91-60) Revised final payment agenda request Attached is an agenda request for the revised final payment to Dutch Construction Co., Inc. on the Atlantic Avenue Beautification Project (91-60) from NW 12th Ave to Swinton Ave. Final payment was authorized previously by the City commission in the amount of $21,013.48. Part of the final payment ($13,868.16) was paid in the form of joint checks to vendors still owed money on the proj ect. This left a residual amount of $7,145.32 to be paid to Dutch directly. Before the $7,145.32 payment was made to Dutch the surety for the Project, Wausau, requested in writing that we pay the residual amount directly to them. The justification for the request was that Wausau had expended monies on behalf of Dutch on other Projects not with the city. They were owed the money under terms of their general indemnity agreement entered into by Dutch with Wausau. Dutch Construction has requested that the final payment be paid to them directly. Their contention is that the Indemnity agreement signed by them is not a blanket agreement serving all Projects. Atlantic Ave was completed and all vendors/subs have been paid. For this reason Wausau is not entitled to any residual monies due on this Project. David Tolces, Assistant City Attorney, has discussed this situation with Dutch's attorney. It was agreed that $2,000.00 would be paid to Dutch and the remaining $5,145.32 would be paid to Wausau (see attached correspondence). File: 91-60D Ralph Hayden, City Engineer Howard Wight, construction~ager .. .. . - ~ -1S ~ \-{¡À¡Ù(lrd lÙ~-f: MILLER AND SOUlRE. CHARTERED bNT ATTORNEYS AND COUNSELORS AT LAW 500 N.E. THIRD AVENUE FORT LAUDERr,ALE. FLORIDA 33301 STEVEN SQUIRE (30S1764-3211 JOEL MILLER FAX (30S1 764-237S october 28, 1993 .¿ Judith Rheinschmidt Wausau Insurance Companies PO Box 8017 NOV 0 1 1993 Wausau, WI 54402-8017 Re: Principal Dutch construction co., Inc. claim #68-1083 [~GINEERmG Dt:.PAR1:JErH Project Atlantic Avenue Beautification Our File No.: 93-232 Dear Judy: Pursuant to our telephone conversation of October 27, 1993, please let this letter serve as confirmation of our agreement to settle the above-referenced matter. We have agreed that the City of Delray Beach is authorized to release to Wausau the remaining contract amount, with regard to the this project less the sum of $2,000.00, which is to be paid to Dutch Construction Co., Inc. My understanding of the remaining contract amount is that it totals $7,145.32, thereby resulting in a direct release of funds to Wausau in the sum-Q{ $5,145.32. By copy of this letter I am notifying David N. Tolces, Esquire, Assistant City Attorney, City of Delray Beach of our agreed settlement of this matter and is that the City is authorized to release the funds in accordance with said settlement agreement. Further, I am advising him that my client stands ready to execute any and all documents that the City may require in order to effectuate the release of these funds. Thanking you for your courtesy and cooperation with regard to this matter. Very truly yours.' ~' . ... ~ STEVEN F. SQUIR SFS:em cc: David Tolces, Esquire, Asst. City Attorney Dutch Construction Co., Inc. .. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 6?1 SUBJECT: AGENDA ITEM ~ ~~ - MEETING OF DECEMBER 14. 1993 CHANGE ORDER NO. 5 AND REOUEST FOR FINAL PAYMENT/DUTCH CON- STRUCTION COMPANY. INC. DATE: December 10, 1993 This item is before you to approve a change order in the net deduct amount of $5,958 to the contract with Dutch Construction Company, Inc. for miscellaneous changes to the Veterans Park Redevelopment Project. Change Order No. 5 eliminates a portion of the scope of service for the retaining wall adjacent to the Atlantic Avenue Bridge, including electrical work which was a part of the Florida Power and Light line relocation. This item was deleted because Department of Transportation permits could not be obtained during the construction period. It is anticipated that this work will be included in Phase II of the Veterans Park project. Additionally, we have received a request for final payment in the amount of $44,995.03 from Dutch Construction Company. Staff has reviewed the work and found it to be satisfactorily complete. Recommend approval of Change Order No. 5 in the net deduct amount of $5,958 and approval of the request for final payment in the amount of $44,995.03 from Dutch Construction Company lIne . with funding from Decade of Excellence Bond Issue - Veterans Park Redevelopment (Account No. 225-4126-572-61.63) and General Construction Fund - Veterans Park Redevelopment (Account No. 334-4126-572-61.63). ~ 6-0 .It WI' ,. Agenda Item No.: AGENDA REQUEST Date: December 7, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: December 14, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve Change Order 11, final to Dutch Construction Company, Inc. for the Veteran's Park Gravity Sewer System (Project No. 92-27) Change Order No. 1, final is for plus/minus as-built quantity adjustments and miscellaneous revisions to the sanitary sewer installation. All work is in accordance with Schedule "A" attached. Change Order 15 is for a net add amount of $1,209.10. Funding source is 1222r4126-572-61.63. Staff also requests authorization to make final payment to Dutch Construction in the amount of $ 5,080.00. ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~ Recommendation: Staff Recommends approval of change Order 11, Final and final payment to Dutch Construction, Co. , Inc. If D~partment Hea~~ SJ.gnature: City Attorney Review/Recommendation (if applicable) Budget Director Review (~red on all items involving expenditure of funds): Funding available: YE NO Funding alternatives (if apPlicable4 Account No. & DeSCr~Ption~- ~~~ - iPJ. ~ ~ ~ M~ '/3.-5n ft~ 3/.- 60. "'" Account BalanC~,p,(\ðl~ ~cl- ft :J.. 0'1 ./0 tiñd dwJ bNIfI(L, 3.. 81Ð.'}Q City Manager Review: €JNO ?~'\'-'. / , Approved for agenda: tfVVÎ Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. " Memorandum To: David T. Harden, city Manager From: William H. Greenwood, Director of Environmental Services Date: December 8, 1993 Re: Veterans Park Redevelopment (91-49) Agenda request Attached is the agenda request for Change Order #5 final in the amount of -$5,958.00 to Dutch Construction Co. , Inc. This Change Order represents eliminating a portion of the scope for the retaining wall and associated electrical work adjacent to the Atlantic Ave bridge in conjunction with the FPL line relocation at Veterans Park. Staff also requests that final payment be made to Dutch in the amount of $44,995.03. Funding Source is 227-4126-572-61.63. File: 91-49D Ralph Hayden, city Engineer k Howard Wight, Construction Ma ger " " CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 5, final PROJECT NO. 91-049 DATE: PROJECT TITLE: Veterans Park Redevelopment TO CONTRACTOR: Dutch Construction Co., Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construct miscellaneous changes to Project per attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 440,059.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 79,038.22 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 519,097.22 COST OF CONSTRUCTION CHANGES THIS ORDER $ -5,958.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 513,139.22 PER CENT DECREASE THIS CHANGE ORDER -1.4 % - - TOTAL PER CENT INCREASE TO DATE 16.6 % - CERTIFIED STATEMENT: I hereby ce~tify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable. for Dutch Construction Co., Inc. (SEAL) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 227-4126-572-61.63 FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: Ralph E Hayden, Thomas E. Lynch, Mayor City Engineer ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK " ,. sOp12H ScheduJ.e "A" Change Order ,S Final Project Number: 91-49 Project Name: Veterans Park Item Total COJIIDeDts No. Description ------------------------------------------------------------------------------------------------- 1 Delete wall structure for electrical panel at Atlantic Ave bridge ($S,2S0.00)Arch Design Change - Wall deleted due to design/permitting problems with DOT. 2 Delete installation of electrical panel on wall structure at Atlantic Ave bridge ($708.00)Arch Design Change - Wall deleted due to design/permitting problems with DOT. Panel installed on temporary pole ad- jacent to bridge. ------------ Total net deduct Change Order'S ($S,9S8.00) -------- -------- " " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ðM SUBJECT: AGENDA ITEM # ~~ - MEETING OF DECEMBER 14. 1993 CHANGE ORDER NO. 1 AND REOUEST FOR FINAL PAYMENT/DUTCH CON- STRUCTION COMPANY. INC. DATE: December 10, 1993 This item is before you to approve a change order in the amount of $1,209.10 to the contract with Dutch Construction Company, Inc. for final plus/minus as-built quantity adjustments and miscellaneous revisions to the Veterans Park Gravity Sewer System project. Additional work performed under Change Order No. 1 included moving Manhole No. 3 twenty-two feet north to resolve utility conflicts and the relocation of Manhole No. 2 to allow for the realignment of a 10" sewer line. In addition, we have received a request for final payment from Dutch Construction Company in the amount of $5,080. Staff has reviewed this project and found it to be satisfactorily complete. Recommend approval of Change Order No. 1 in the amount of $1,209.10 and the request for final payment in the amount of $5,080 from Dutch Construction Company, Inc. ¡ with funding from Decade of Excellence Bond Issue Phase II - Veterans Park Redevelopment (Account No. 228-4126-572-61.63) and Water and Sewer Renewal and Replacement - Sewer System/Mains and Lines (Account No. 442-5178-536-60.66). '. ..n, " - Agenda Item No. : AGENDA REQUEST Date: 12-09-93 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When:, 12-14-93 Description of agenda item (who, what, where, how much): Award of the City's life insurance contract to North American Life effective February 1, 1994 (attached are tabulation of bids and outi1ne ot coverages). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval is recommended by the Director of Finance, Risk Manage- ment Officer and Insurance Committee. 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): N/A Funding available: ~NO Funding alternatives: (if applicable) Account No. & Description: ~S~NLr_ R.JN,þ... ~~_~·'I.)"""'(: Account Balance:' c;); 8~. S'¥) . ' City Manager Review: Approved for agenda: §/ NO p¡v1 Hold Until:· Agenda Coordinator Review: Received: Action: Approved/Disapproved .. '. . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, final PROJECT NO. 92-27 DATE: PROJECT TITLE: Veterans Park Gravity Sewer System Modification TO CONTRACTOR: Dutch Construction Co., Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construct miscellaneous changes to Project per attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 35,732.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 35,732.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 1,209.10 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 36,941.10 PER CENT INCREASE THIS CHANGE ORDER 3.3 % TOTAL PER CENT INCREASE TO DATE 3.3 % 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 Dutch Construction Co., Inc. (SEAL) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 442-5178-536-61.83 FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: Ralph E Hayden, Thomas E. Lynch, Mayor City Engineer ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK " ,. Project 92-27 Schedule "A" Veteran's Park Gravity Sewer System Modifications Change Order #1 Final -.------------------.-.-----------.--------.----------------------------------------------------------.-- ITEM ITEM DESCRIPTION ContractAs'built +/- C. Unit NO Qty Qty #1 QTY Price TOTAL -----------------------------------------------..--------------------------------------------------------- 1 10" PVC pipe and appurtenances 620 550 -70 ls 41.60 -2912.00 2 4' Diameter sanitary manhole 3 4 1 ea 2210.00 2210.00 3 Testing allowance 1 94.37X -5.63Xea 3000.00 -168.90 4 Video recording allowance 1 1 o ls 300.00 0.00 5 Indemnification 1 1 o ls 10.00 0.00 Additional work Utility conflicts moving MH #3 22' north 0 1 1 ls 1080.00 1080.00 Relocate MH/core MH #2 to adjust for realignment of 10" sewer 0 1 1 ls 1000.00 1000.00 --------- Net total add Change Order #1 final 1209.10 --------- --------- '. ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERO¡vJ SUBJECT: AGENDA ITEM it r¿'L - MEETING OF DECEMBER 14. 1993 RESOLUTION 109-93 DATE: December 10, 1993 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 204 N.W. 13th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,073.50 remains unpaid. Recommend approval of Resolution No. 109-93 assessing costs to demolish an unsafe building on property located at 204 N.W. 13th Avenue. ~ '. .. . ..--" RESOLUTION NO. 109-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH¡ SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS¡ PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances¡ and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to .life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or i demolished¡ work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice¡ and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with¡ and, '. WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official¡ therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done¡ and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating ; the costs per parcel of land involved¡ and, I the City Commission of the City of Delray Beach, I WHEREAS, I I pursuant to Chapter 165, of the Code oJ Ordinances desires to assess the ! I cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is I attached hereto and made a part hereof, are hereby levied against the I parcel(s) of land described in said report and in the amount(s) indi- i cated thereon. Said assessments so levied shall, if not paid within I I thirty (30) days after mailing of the notice described in Section 165.42 I I become a lien upon the respective lots and parcel(s) of land described I I in said report, of the same nature and to the same extent as the lien I for general city taxes and shall be collectible i'n the same manner and ¡ I with the same penalties and under the same provisions as to sale and ¡ foreclosure as City taxes are collectible. I I i Section 2. That such assessments shall be legal, valid and I binding obligations upon the property against which said assessments are , levied. I I I Section 3. That the City Clerk of the City of Delray Beach is , hereby directed to immediately mail by certified mail, postage prepaid, 1 ì j return receipt requested, to the owner(s) of the property, as such I ownership appears upon the records of the County Tax Assessor, notice(s) ¡ that the City Commission of the City of Delray Beach has levied an assess ¡ ment against said property for the cost of abatement action regarding an I I unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 109-93 ,. "un i Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s}, after which a lien shall be placed on said property(s}, and interest shall accrue at the rate of six I percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAYOR ATTEST: City Clerk I - 3 - Res. No.109-93 ,. ,'110 . NOTICE OF ASSESSMENT Date TO: Julia Simms ADDRESS: 204 NW 13th Avenue, Delray Beach, FI 33444 PROPERTY: 204 NW 13th Avenue, Delray Beach, FI 33444 LEGAL DESCRIPTION: Lot 2, Block A, Carver Memorial Park according to Plat Book 20, Page 56 of the official records of Palm Beach County, F1 You, as the record owner of, or holder o'f an interest in, the above- described property are hereby advised that a cost of$2,073.50 by resolution of the City Commission of the City of Delray Beach. Florida. dated . 1993. has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 2-19-93 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for òbtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board Qf Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 11-16-93 at a cost of $2,073.50 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days. that cost shall be recorded on the official Records of Palm Beach County. Florida against the above-described property. ,. "." , Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. City Clerk ... It .'~ II " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER flv1 SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 14. 1993 AWARD OF BIDS AND CONTRACTS DATE: December 10, 1993 This item is before you to approve the award of the following contract: 1. Life Insurance - North American Life in the annual amount of $63,000 with funding from Insurance Fund - Life Premiums (Account No. 551-1576-691-45.40). Recommend approval of the award of the above contract with funding as indicated. ~ ,. "II' " MEMORANDUM To: David T. Har~ Manager From: Joseph M. Saffo , 'nance Director Date: December 9, 1993 subject: Award of Life Insurance Contract The City of Delray Beach has received competitive quotations for the group life insurance and accidental death and dismemberment insurance. These quotations were reviewed by the Insurance Committee which consists of representatives from the Finance Department, Risk Management Division, the International Brotherhood of Firemen & Oilers Union, the International Association of Firefighters, and the Police Benevolent Association. The Committee would recommend to you that the City should award the life insurance contract to North American Life ( "A" rated Company by Best) with the following terms: · Basic Life Rate of $.31 per $1,000 of coverage · AD&D Rate of $.04 per $1,000 of coverage · Effective Date- February I, 1994 · Rate fixed for three (3 ) year term · Retiree rate $.31 per $1,000 (no AD&D for retirees) · Coverage reduces by 35% at age 65 · Coverage reduces to 50% at age 70 · Accelerated death benefit not to exceed 25% of face value This policy contains identical coverage to our present plan and should save the City $20-$25,000 in overall annual cost net of retiree reimbursements. Your consideration of this recommendation would be appreciated. encl: Schedule of Life/AD&D Insurance Quotations cc: Insurance Committee Lee Graham, Risk Manager '. '. '--.-~....~--,- .. - . ....I 1 -:-:-:0 8 .., ., ~ § ël:3tñ ,.. g .... N .., ., i özo ~ .:-:-: 1IIt~ ~~ t î ¡;.;.¡u '··'·'i ,. , ..... >- ~ ."..'§ ~ 6 ~ g .J~tñ ., . .' , lilt N~ g 0 ~ .'..,' ti IJ:f ~ ti .,. ., , .fA- ¡¡ r;. u ::II! "' t~ i :-:-:- 0 a ~ ." 0 ., , co .:-:-: .w .. 6Ft .., fi aU >- ··'·'·8 '" '.. ~~ ~ §~ 0 ~ ~§ ,.,',' '=" .. , ~ -:-:.: tâ ¡j ... ~ ""'~ i ¡ , " .,. en fJUJ § '.'.., § § § § I, z a :&:1 §~ '·"·'8 f i §~ §~: :x:Si W~ :::::: co ,.. .,. ul5 I.lf :::::: LJf .., I.lf , " uf ,.. uf .., &n~ : 4~~ ,.. ..., '. ... ' " ... ,.. ... ... ...: UJ ~ ~ C!:I <t > I..U ~ IJ: ! u ~ W ....I:iUJ :> 0':10 ~a:C!1 Wu U.~æ CJ') ~>~ ~ C!:I W W <t UJ a z (,.) 0 I- a: a: §~~ 08 :g <t ':-:-: &n oCt ~ w_ ¡g ~ ~: z :-:-:-0 z f5~ otI ~ 0 ~ ::::::0 - c: c: tr.J 0 0: C¡. ,..',' ~ ua: UJ ~ a:: iCi ~ tr.J ct~ W ww ~ I- ZZ U. .,. UJ SS II: ::¡ -:-:-: w ,'.',' w UJ c: cc CJ') 0 ... I- UJUJ :::::: I- > U".I 0 :::::: I- > <I: U".I 0 U".I ww W...J :-:-:- z 0 1.,0,... :-:-:- z 0 a: 1.,0 ,... I"-- tütü ><t -:-:-: w...J W IJ.J ..' ...J gu :-:-:- w Il. a.. w w IJ.J CI CI :-:-:- CJ') Il. C!:i (!) ::;::: ill ::8:J C!:I C.!:I C!:I Il.Cf ..,.,' w:E ct oCt 00 -:.:-: a.: w ,',',' a: w ~ oCt ct ct CJ') ::i! W .'. UJ I- I- ~ 0 :::::: Il. UJ Z I- I- :::::: Il. z I- I- I- W ~ Z Z ~ wt!:i C'I:I N: 8 :-:-:- M tl') W IJ.J I- <t <t :-:-:' M CJ') UJ C!:I <t <t <t a: 00 w<t ... ., " , .,. <t ~ -:-:': '<t I- J: ¡¡:::;:::; -:-:-: '<t W J: I- :::; :::; :::; - 0 ¡:: ¡:: 0 ~~ 0 0: a.: & :::::: co I- Z 3: UJ Eb ß :::::: 0 I- W ;: <I: í::h g ¡j'-, tü ~ :-:':- z <t U) Z C"') U".I .,'.', Z I- ~ tn C"') U".I I"-- e: <t <t 1-tr.J _ ~ :::::: :J a:: ßJ LJ.I W > > ',',., z U) .., ::i!::i u LLJ ....I -:.:-: 0 oCt I- ~ aJ r.:c cJ :::::: :J <t UJ I±I > > > Z e: c: <tw :-:-:- 0 a:: I- a: /XI c:1 r.:c 0 o 0 a:e: :-:.:- :::a::J <t - J: U) en ':-:-: :i <t <t - en en rn w u..u.. 0- en' ':-:-: <t C!:I Z I- I- W W :-:-:- <t::J 2: tü w w w C.!:I zz u..1:ü ~: .., w - W <t -:-:-: I.J.J :i a: w u U -:':-: w C!:I :::a a:: U U u oCt We: !: :-:':- U I- c: CI:J:J .,','. :J :J ::r I- l- ...',. ..,.. c:t w a: Q Q :-:-:- Q U w a: rr. Q Q Q a: zz Ua: -:':-: ~ a: 0 Q W W :::::: td ::æ ~ UJ 0 W W W ~ UJUJ Z 0 i~ :::::: a: II: I- LL W II: LI: ,.,.,' II: a: I- I.J.. LI: LI: II: 0 UU ~LL ,. , :-:.:- ~ :::s <t LU LLJ I- W IJ.J ", - w ~: '" w u oCt :::::: :x: :J a: u LL! w w w u i:ï:ü: :JUJ :-:-:- ::¡ CJ') > 2 C!:I a: C.!:i C!:I :-:.:- en CJ') <t Z f.':i C.!:i C!:I C.!:i 0 LL LL tn C.!:I -:-:-: Z ct c:[ w oCt <t ':-:-: UJ z w ct oct c:t <t <t oi::I ::J ::J z<t .,'.', i - w a:....I II: II: :-:-:- ::1 - > a:: rr. rr. II: a::: 0 -e: '. . :-:-:- w LIJ II: W W W IJJ O"J rj) ::J: :::::: ~ LY 0 :J ~ ~ ~ !S! c:t Ww " , -:-:-: U ::¡ a: ::J :> U :> :> :::::: ~ ~ ~ 0 0 0 0 0 I- I- ::æ> ~: :-:-:- Œ <t :r rn 0 U 0 0 o 0 <cO ':-:-: r.n I- ~ U <t u u :-:-:- ~ rn ¡::. ,__ u u u u Z Z Z r.nu " , > :-:-:- i .., ~ u: z:-:-:- ct I ¡¡ <I: -:-:-: :t ~ :-:-:-u ct ¡ Q. ',.,', ~ /::w " , ~ ,',',' ~ :& '" -:-:-: ::::J ., , .., Œ ' ::::::æ ~ t:¡ !i c...' ::::::i , ., ü " , , ,. ....---. .'..~--.--- -~ ' , ''--C-_ '. " þ . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtr7V( SUBJECT: AGENDA ITEM i qA - MEETING OF DECEMBER 14. 1993 REOUEST FOR CONDITIONAL USE APPROVAL/SOUTH FLORIDA SANITATION DATE: December 10, 1993 At the October 26th meeting the Commission deferred this item in order to permit staff to obtain professional assistance in respect to issues such as odor, noise and other items which pertain to the compatibility to the surrounding property owners. Subsequently, the applicant requested several continuances. This item involves a request for conditional use approval from South Florida Sanitation Company for the purpose of establishing a resource recovery system in the MIC (Mixed Industrial Commercial) zone district, on property located on the east side of N.W. 18th Avenue, north of N.W. 1st Street. The proposal is to establish a resource recovery facility which will collect vegetative yard waste, mulch it and temporarily store it on site. The site is 103,125 square feet, most of which is covered by a concrete pad. There are two vacant buildings on the site, a 6,300 square foot two story building containing office space and five garage bays and a 200 square foot storage building. Hours and days of operation are 6:00 A.M. to 5:00 P. M. , Monday through Friday and 7:00 A.M. to 12;00 Noon on Saturday. The site will also house the business offices and related truck maintenance functions, including truck storage overnight and on weekends. The Planning and Zoning Board at their October 18th meeting recommended approval of the conditional use request, subject to conditions, with a 5 to 2 vote (Fulton and Golder dissenting). There was considerable public input at that meeting and 13 people spoke in opposition of the facility. A detailed staff report is attached as backup material for this item. Recommend approval of the request for conditional use approval from South Florida Sanitation Company for the purpose of establishing a resource recovery system on property located on the east side of N.W. 18th Avenue, north of N.W. 1st Street¡ subject to the conditions recommended by the Planning and Zoning Board. .. ,,'" ~~ .. [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACS¡¡"'IILE 407/278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: December 9, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Request for Conditional Use Approval for South Florida Sanitation The Quasi-Judicial Hearing has been scheduled for December 14, 1993 in the above-stated matter. I am attaching procedures for Quasi-Judicial Hearings and a copy of my memorandum issued earlier regarding the Standard of Review for Condi tional Uses for your use at the Hearing. By copy of this memorandum to David Harden, City Manager, our office requests that this backup be included with the agenda packages. you have any questions. SAR: Attachme,ks cc David Harden, City Manager David Kovacs, Director of Planning and Zoning useapp.sar ,. " , . PROCEDURES FOR QUASI-JUDICIAL HEARINGS Generally the quasi-judicial proceeding will proceed in the following manner: 1. The Mayor will announce that the item is before the Commission for a hearing. 2 . The City Clerk, with the authority vested in her as a notary of the state of Florida, shall ask all persons who plan to give testimony before the Board to stand and raise their right hand and "swear or firm that the testimony they are about to give is the truth, the whole truth, and nothing but the truth." 3 . City staff will make a presentation describing the nature of the application, summarizing the issues, and reporting the recommendation of the Planning and Zoning Board. 4. The applicant or his/her representative will make a presentation. 5. Persons other than the staff or applicant who are in favor of approval shall speak. The Mayor may limit the "- nùmber of witnesses speaking on behalf of an application. 6. Persons may testify in opposition to the applicant's request. The Mayor may limit the number of persons speaking in opposition. 7. The applicant or his/her representative shall have the opportunity to cross examine staff and experts retained to represent the City. 9. Staff shall have the opportunity to cross examine or ask questions of the applicant/his designee and experts retained to represent the applicant. 10. The Mayor and the City Commission may ask questions of the staff, applicant or any witness. II. The applicant shall have the opportunity to make a closing argument. 12. Staff shall have the opportunity to make a closing argument. 1 ., " 13. No further testimony shall be taken and the Board shall begin its deliberations. 14. After concluding its deliberations, the City Commission shall make findings of fact and conclusions of law on the record. 15. Burden of Proof - Rezonings a) The applicant has the burden of proving that the proposed rezoning is consistent with the comprehensive plan and is compatible with the surrounding area. If the landowner meets this burden of proof, the City may choose to rezone the property. b) If the City wishes to deny the rezoning request, the burden shifts to the City to demonstrate that maintaining the existing zoning classification accomplishes a legitimate public purpose. The City has the burden of showing that the refusal to rezone the property is not arbitrary, discriminatory, or unreasonable. 16. Burden of Proof - Conditional Use a) The applicant has the burden of proving that the proposed conditional use is consistent with the comprehensive plan. If the landowner meets .------ his/her burden of proof and meets the other requirements of the City's ordinances, the applicant meets his/her burden of proof and the City may choose to grant the conditional use with or without conditions. b) If the City wishes to deny the conditional use request, the burden shifts to the City to factually demonstrate that the conditional use will have a: 1. Significant and detrimental effect upon the stability of the neighborhood within which it will be located; or 2. That it will hinder development or redevelopment of nearby properties. 3. In addition, the Commission must identify facts which provides substantial competent evidence to conclude that the public interest would be adversely affected by granting the applicant the conditional use. quasi. sar 2 '. .. , [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE .,",' ,-\\!_~", ¡ . Ui·.L;,,·\'y" BL..\CH, FI.O¡':lDr\ 3~"¡:'':' ¡.' ,,·_~1··.:: ¡ ¡ .:." - Wr~t_r·ø D~r_ct L~n_ (407) 243-70511 MEMORANDUM Date: November 8, 1993 To: City Commission From: Susan A. Ruby, City Attorney Subject: Standard of Review - Conditional Uses 1- Definition of Conditional Use - Purpose The Land Development Regulations of the City of Delray Beach identifies in section 4.3.2(B)(3) the following definition of conditional use: a use which may not be appropriate generally, or without restriction, within a zoning district. The purpose of identifying such conditional uses and regulating them in a special manner is that they possess certain characteristics which may make them incompatible with existing uses, contiguous zoning, permitted uses, or future uses. Through special conditions imposed through procedures set forth in section 2.4.5(E~he adverse impact of such a use may be mitigated. The allowing of a conditional use is discretionary. II. Appropriate Conditions Section 2.4.5(D)(4) establishes that conditions may be imposed pursuant to section 2.4.4(C). In addition, limitations on the hours of operation and/or the longevity of the use may be imposed. Section 2.4.4(C) provides for the imposition of conditions as follows. In granting approval to any development application, the granting body may impose whatever conditions it deems necessary in order to ensure: the compatibility of use with nearby existing and proposed uses; concurrency; consistency with objectives and policies of the comprehensive plan; the fulfillment of requirements of these regulations which should have or could have been fulfilled prior to the approval action but which were not, due to conditions beyond the control of the applicant; the fulfillment of requirements of these regulations which could have been fulfilled prior but remain outstanding; thus, providing that they will be accommodated at a later stage of processing. ., ,. ~. III. Specific Conditional Use Findings Section 2.4.5(E)(5) provides that in addition to provisions of chapter 3 which sets forth performance standards, the City Commission must make findinqs that establishing the conditional use will not: (a) have a significant and 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. Land Development Regulations section 3.1.1 requires that findings shall be made by the body which has the authority to approve or deny the development application. IV. Burden of Proof - Standard of Proof In order to deny the conditional use the Commission must identify facts which provide substantial competant evidence to conclude that the public interest would be adversely affected by granting the applicant the conditional use applied for. Ci tyof Apopka vs. Orange County, 299 So.2d 657 (Fl. 4th DCA 1974) . Substantial competent evidence has been described as such evicignce as will establish a substantial basis of fact from whi~~he fact at issue can be reasonably inferred. It is such relevant evidence as a reasonable mind would accept as adequate to support a conclusion. De Groot vs. Sheffield, 95 So.2d 912 (Fl. 1957) A conditional use is a permitted use to which the applicant is entitled unless the Commission determines according to the standards set forth above that the use would adversely affect the public interest. Opinions of residents are not factual evidence and not sound basis for denial. Pollard vs. Palm Beach County, 560 So.2d 1358 (FL. 4th DCA 1990). Therefore I would suggest that your motion include factual findings to substantiate either your support or denial of the conditional use application and further the facts must be such that it would be adverse to the public interest. ~- , \. /' '---- SARI ds " cc: David Harden David Kovacs " C I T Y COM MIS S ION DOC U MEN TAT ION TO: ( ., DAV\: ~~~C::AGER FROM~ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 9, 1993 CONDITIONAL USE REQUEST, RESOURCE RECOVERY ACTION REQUESTED OF THE COMMISSION: The action requested, by the applicant, of the City Commission is that of approval of a conditional use request which would accommodate a Resource Recovery Operation. The peti tioner is South Florida Sanitation. The location is along NW 18th Avenue. B A C K G R 0 U N D: This item was before the City Commission on October 26th at which time, the City Commission continued consideration of the item and directed staff to examine matters of noise and the potential impact upon the redevelopment or development nearby properties. Please refer to your previous documentation for a full description of the project. There has been no change in the proposed operation. ADD I T ION A L I N FOR MAT ION On Tuesday morning, the Police Department will take decible readings at the perimeter of the site and at two off-site locations. These readings will be taken during operation of the chipper. The City has retained one of our previously selected economic development/redevelopment specialists (consultants). This individual will review the staff report, visit the site, and will provide expert testimony at the City Commission meeting., '. A L T ERN A T I V E ACT ION S The following courses of action are available to the City Commission: 1- Approve the requested use pursuant to the recommendation (and conditions) of the Planning and Zoning Board. 2. Affix additional conditions of approval which would mitigate or eliminate adverse aspects of the proposed use and approve. (If such conditions cannot be completely formulated at the meeting, continuation with such direction would be appropriate.) 3. Deny the requested use of Resource Recovery Operation on the basis that a finding consistent with Section 2.4.S(E)(S) cannot be made in that the proposed use and the manner in which it will be conducted would hinder development or redevelopment of nearby properties. (Additional grounds/findings may be stated, as appropriate.) R E COM MEN D E D ACT ION: Action is by motion. No recommendation is given at this time, pending results of expert testimony. c: Susan Ruby, City Attorney Randy Strickland, Applicant ,. ¡,'I, CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Dee 1(1, SJ3 q:r::;~ R . Cl2 ,. " To: Susan Ruby. City Attorney From: p~Orllng, Senior Planner '¿&J ~- Re: Results from cibel read1ngs on South Florida Sanitation site. Date: November 9, 1993 on November 9, 1993, Officer William Barry and I conducted decibel readings on a wood chipper operating on the proposed future site of South Florida sanitation. Four readings were taken at the following locations; the property line, Congress Avenue lnunedlately west of the site, Sudan subdivision and at the corner of N.W. 18th Avenue and 1st Street. A readi ng of background noise ðnd chipper noise was taken at each location. property Line, Background levelø: General * 58-60 decibels passing train * 70-76 decibels Chipper: without chipping material · 67 decibels chipping light to medium material * 67-76 decIbels Chipping large material * 80 decibels CongreBB Avenue. Background levels~ General * 65-75 decibels passing trucks (concrete and semiS) * 80 decibels Chipper: without chipping material * did not register chipping light to medium material · did not register chipping large material * 65 decibels '. CITY RTTORNEY'S OFFICE TEL r'~o. 407 278 4755 Dee 10,93 9:55 F' . Cl3 . "~~~ . .. Sudan Subdivision. Background levels: General * '5-60 decibelB Adjacent Auto repair uses * 60-62 decibels Chipper; without chipping material * couldn't be heard chipping light to medium material * couldn't be heard chipping large material · couldn't be heard N.W., 18th Avenue an~ ,lat Street Background levels: General * 55-64 decibels Chipper; without chipping material * couldn't be heard chipping light to medium material · didn't register chipping large material * 55-56 decibels .. ,OJ, CITY RTTORNEY'S OFFICE t:.L ¡'.j!]. 41J7 278 4755 Dee lCl,93 10:27 F' . Cl2 ~. ----- " ~,~;:,",:,:. ;!~~~.; ,"; '~,~ ·~'::,'N.f;:;"/~.:·i,,: 'f:' '''. £ITY DF DELHAY BEA£H ( CITY ATTORNEY'S OFFICE ~ni.t ~'\\' J..:: .,.\\ :,..\.: ~ . ~"J:l ~'~i\~ ;,,¡-'....:- ~1 l-:'i¡: :...., ,~_._~ LV':']'II!.!: "' ~ _ :,"" Writer's Direct Line (407) 243-7091 December 9, 1993 Mr. William A. Lord South Florida Sanitation Company P.O. Box 6909 Delray Beach, FL 33484 Subject: Conditional Use Applicat~on -.'- ...-- Dear Mr. Lord: ., I Thank you for your letter of Oecember 3, 1993. The City inLends to use L. Keith White of Reinhold P. Wolff, Economic Research, Inc. as a witness on behalf of the City. His address I is 1591 East Atlantic Boulevard¡ Suite 102, Pompano Beach, FL 33060. It is not anticipated that there is 90in9 to be a written report. In addition, as this is a quasi-judicial i matter ~ere are no discovery procedures which would permit , prior co ultation. Due process does notdemanct that discovery ¡ Occur prior to the hearing_ There will be an ðbility for you or your company to cross-examlneany witnesses present at the I hearing. Hopefully this satisflesyour inquiry. Sincerely, ! OFFI~.~~THE CITY ATT~EY CI~Y OF DE";'Y BEACH: Ff1I~A . . BY. :Q: If ??t'YI ). :-¿d~ S "San A. Ruby, Esql. .' City Attorney ". SAR:ci lord.!!.... " ,. ::k t-?vl . C I T Y COM MIS S ION DOC U MEN TAT ION TO: HARDEN, CITY MANAGER THRU: D J. KOVAC~ D~::NT OF P~ING AND ZONING FROM: PAUL DORL~ SENIOR PLANNER . SUBJECT: MEETING OF OCTOBER 26, 1993 CONDITIONAL USE REQUEST TO ESTABLISH A RESOURCE RECOVERY FACILITY ON PROPERTY LOCATED ON THE EAST SIDE OF N.W. 18TH AVE., NORTH OF N.W. 1ST STREET ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a conditional use request to establish a resource recovery facility on property zoned MIC (Mixed Industrial and Commercial). The property is located on the east side of N.W. 18th Avenue, north of N.W. 1st Street and immediately west of the Seaboard Coastline Railroad. B A C K G R 0 U N D: The site is the location of a former Tarmac concrete plant. A detailed annexation and zoning history of the property is provided in the attaçhed Plann~ng and Zoning Board staff report. The current request is being made by the South Florida Sanitation Company, which is under contract with Palm Beach County to provide waste management and resource recovery services. The proposal involves establishing these services on the site under the allowable conditional use of "resource recovery". '. " City Commission Documentation South Florida Sanitation--Resource Recovery Facility Page 2 The operation will involve a total of 14 trucks. The garbage and recyclable materials that are collected will be disposed of at designated locations throughout the County, such as the Solid Waste Authority Landfill. Landscape materials will be processed at the Delray site. The company will collect the landscape materials and run them through a chipper located on the site. The mulched material will be made available at no cost to residents of the City. Any materials that are not redistributed by the end of each week will be transported off the premises to a SWA facility for further recycling. The site will also be used for the storage, maintenance, and dispatching of the trucks, and for office functions associated with the use. For additional in,formation concerning the proposed use and an analysis of it's impacts, please refer to the attached staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of October 18, 1993. There was considerable public input. Thirteen people spoke in opposition to the facility, citing the following concerns: * Noise, dust, and odor control. * Appropriateness of the use in the Congress Avenue area, and concern that these types of outdoor industrial uses should not be allowed in this area. * Use is more appropriate in a rural area. * Use might be a deterrent to future development and redevelopment in the area, particularly that of light industry. * The City should not be a receptacle for County waste. The majority of the Board members felt that the use as described would not create a significant problem with respect to noise, dust and odor. In general, the Board felt that the use is one that is appropriate and should be accommodated, and that the proposed location is acceptable in that it is an industrial area, it is adjacent. to the r~ilroad and other industrial uses, and that is not in proximity to residential development. One Board member (Golder) felt that due to the relatively small area proposed for the actual mulching operation, the use would be more appropriately classified as a truck terminal, which is not permitted in the MIC zoning district. After a lengthy discussion, the Board voted 5-2 (Fulton and Golder dissenting) to recommend approval of the conditional use, based on positive findings with respect to Section 3.1.1 of the Land Development Regulations , and subject to the conditions listed on pages 11 and 12 of the P & Z Board Staff Report. '. .. City Commission Documentation South Florida Sanitation--Resource Recovery Facility Page 3 . R E COM MEN D E D ACT ION: By motion, approve the conditional use request for a resource recovery facility, based on the findings made by the Planning and Zoning Board, and subject to the conditions listed on pages 11 and 12 of the P & Z Board Staff Report. Attachment: * P&Z Staff Report & Documentation of October 18, 1993 \T:CCSFSAN.DOC .. "'... PLANNING AND ZONING BOARD erN OF DELRAY BEACH --- STAFF REPORT -- MEETING DATE: OCTOBER 18. 1993 AGENDA ITEM: IV.C. ITEM: CONDITIONAL USE REQUEST FOR SOUTH FLORIDA SANITATION TO ALLOW THE ESTABLISHMENT OF A RESOURCE RECOVERY FACILITY IN THE MIXED INDUSTRIAL COMMERCIAL DISTRICT. GENERAL DATA: Owner......... ~.. . .. · · ... South Florida, Sanitation Ag.nt....................Randy Stricklin Executïve Director Location.................On the .a.t .id. of RW 18th Avenu. north of RW 2nd Str..t, .xt.nded. Property Slz.............2.358 .cr.. City Land U.. PI.n.......Co...rc. City Zoning..............MIC (Mixed Indu.trial . and Co..reial) Adjacent Zonlng...North: HIC la.t: t (Indu.trial) South: HIC ... We.t: MIC ~ z Exi.ting Lan4 U..........Vacant fora.r eoncr.t. w > aanufacturlng facility. c 'ropo..4 Land U..........Approv.1 of a Conditional U.. to ..tabli.h . r..oure. r.cov.ry facility. Water S.rvic.............Exi.ting 8" wat.r ..1n . along NW 18th Av.nu.. , - ® - ; Sewer Servic.............Exl.tlng .eptie tank and fi.ld. Conatruction of a ."".1' ..in to acc..a the .xiating lift .tatton at the aouth.aat I ' . . cbrn.r of the LL 'al'II: viII be n.c...ary. ,. "I" 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 Conditional Use request to establish a "Resource Recovery Facility", pursuant to Section 2.4.5 (E) of the Land Development Regulations. The property is located on the east side of N.W. 18th Avenue north of N.W. 1st Street immediately west of the Seaboard Coastline Railroad. A sketch plan is accompanying the request and is attached as Exhibit "A". A full site plan will be required if conditional use approval is granted. B A C K G R 0 U N D: The subject property was annexed into the City via Ordinance G-467 on November 12, 1962 with an initial zoning designation of C-3 (Wholesale Light Industrial). In 1972, the C-3 district was eliminated via Ordinance 21-72 and a HI (Heavy Industrial) zoning district was applied to the property. In 1974, a 6,300 square foot building was constructed (2450 sq. ft. office, 3,850 sq. ft. of distribution) for Moody Construction Company. In 1979, the property was purchased by the Standard Concrete Company. In 1980 a batch house, batch plant and associated wash out stations and storage bins for Standard Concrete (Tarmac) were constructed. The concrete plant occupied the site until early 1993. The site's Industrial land use designation was changed from Industrial to Commerce with the adoption of a new Future Land , Use Map in November, 1989. With the adopt.ion of the Land Development Regulations in October, 1990 the Mixed Industrial and Commercial District (MIC) was applied to this property. With adoption of the LDRs in 1990, no Conditional Uses were accommodated within the MIC district, and Section 4.4.19(G)(2) limited all permitted u.e. to enclosed buildings. In January, 1991 via Ordinance No. 4-91, several Conditional U... were added to the MIC district as a result of a request by Gelco to accommodate their .operation _ (modular bldg. sales) as an allowable use within MIC. During the discussions by the Planning and Zoning Board, there was a consensus to consider some uses, which would involve some measure of outside activity, within the MIC district. Based on that consensus, the Planning and Zoning Board recommended that eight (8) Conditional Uses be added to the MIC district. These 8 included Resource Recovery Facilities. ,. "II> .. P&Z Staff Report South Florida Sanitation Conditional Use Page 2 Recently there has been discussion with respect to the appropriateness of outside uses within the MIC District, particularly in the Congress Avenue Corridor. However, there is no formal directive to revisit the matter. The South Florida Sanitation company has recently purchased the property and would like to establish a mulching recycling operation along with truck storage and office function associated with its waste management operation. PRO J E C T DES C RIP T ION: The site is 103,125 sq. ft. or 2.37 acres in size, most of which is covered by a concrete slab. The site currently contains two vacant buildings, a 6,300 sq. ft. two story building containing office space and 5 garage bays and a small 200 sq. ft. storage building. The site also contains two cement silos and material storage areas associated with the previous Standard Concrete Company use. The Conditional Use request before the Board is to establish a "Resource Recovery Facility" which will collect vegetative yard waste, mulch it, and temporarily store it on site. Nine vehicles a day (fourteen on Wednesday) will be utilized for neighborhood curb side pick up of yard waste (tree limbs etc. ) from a service area bordered by Hypoluxo Road to the north, Atlantic Avenue to the south, the Florida Turnpike to the west and the Atlantic Ocean to the east. These vehicles will collect one load each per day and two loads each on Wednesday (64 loads a week). The yard waste will be transported to the site where it will be emptied on the ground. The material would then be deposited by a small front end loader into a 16' Chipper which will expel the chipped material into a pile. This pile with be contained within a 15' x 20' area that is walled in on 3 sides (8 ' high 'CBS) and has a poured concrete floor. The stockpile will not exceed 10' wide 15' long and 8 ' high. Dust control for the entire site will be by a sprinkler system which currently exists along the top of the fencing around the perimeter of the site. Non-vegetated materials will be separated and pla~ed in a 30 yard container for transport to the Solid Waste Authority landfill. The mulch material will be made available to area residents free of charge. Any material not given away by Friday of each week will be removed from the site and transported to a Solid Waste Authority. The site will also house the business offices and related truck maintenance functions for the South Florida Sanitation Company. The 14 company trucks will be stored empty on the site overnight and on the weekends. These trucks will be dispatched each weekday for waste collection, hauling of recycling materials and ,. w " P&Z Staff Report South Florida Sanitation Conditional Use Page 3 picking up of yard waste. The garbage and recyclable materials will be transported to the Solid Waste Authority's landfill and recycling centers. Prior to leaving the Solid Waste Authority, the trucks are washed out. Some of these trucks would return immediately to the site while others would be utilized for the daily yard waste routes. Truck dispatching can be considered a secondary (accessory) function of the site. The hours of operation will be from 6:00 am to 5:00 pm. Monday through Friday and 7:00 am to 12:00 noon on Saturday. No chipping will begin before 9:00 am. Monday through Friday and will not occur on Saturday. The application is accompanied by a sketch plan showing the general location of the components of the operation. The applicant has indicated a willingness to upgrade the property to current City codes, and if the conditional use request is approved, a site plan accommodating such site improvements will be required. CON D I T ION A L USE A N A L Y S I S: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must Þe made in a form which i. part of the official record. This may be achieved through information on the application, the .taff report, or minute.. Finding. shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: (The use or structure. must be allowed in the zoning district and the zoning district must be consistent with the land u.e designation). The Future Land Use Map designation for the property is "Commerce". The allowable zoning designations which are deemed consistent with the Commerce Land Use designation are: - PCC Planned Commerce Center - MIC Mixed Industrial and Commercial (current zoning) - CF Community Facilities The site is presently zoned MIC (Mixed Industrial and Commercial). The proposed use of a "Resource Recovery Facility" is allowed as a Conditional Use within the MIC zoning district. Allowable accessory uses include services and repair of items incidental to the principal use, and outside storage including storage of equipment of materials when screened from view of adjacent properties. .. "1" .. P&Z Staff Report South Florida Sanitation Conditional Use Page 4 Concurrency: (Facilities which are ,provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan.) Water: Potable water service exists to the site via a 8" water main which runs along the front of the property in N.W. 18th Avenue. This main is connected to a 12" main on the north side of Atlantic Avenue and extends up N.W. 18th Avenue to the Limpo Lupo Park of Commerce and west to Congress Avenue. The fire hydrant spacing in this area currently does not meet the minimum 300' spacing required for industrial uses. Installation of a fire hydrant, will be required on site. It is noted that the recently approved Keystone Creations to the north will be installing a fire hydrant. However, that hydrant will be located internal to their site and is not readily assessable for general fire suppression. The fire flow in this area is below 2,000 gallons a minute. Initially the Fire Department had concerns over the adequacy of the fire flow given the proposed type of use. However, with the submission of additional information relating to the wood chip pile size, and its duration on the site, existing fire flow has been deemed sufficient. Sewer: The existing 6,300 sq. ft. buildinq is serviced by a septic tank and field located immediately west of the buildinq. The nearest sewer service would be via a connection into a lift station located approximately 400 feet north within the Limpo Lupo Park of Commerce. Pursuant to LDR Section 6.1.ll(A) Sewer Systems a sewer connection is required when public sewer is within 200 ft. of the property line. Also, pursuant to the Public Facilities Element of the Comprehensive Plan, Policy C-3.3 and LDR Section 5.3.3 (F) new development shall be responsible for extending sewer service from their terminus to the furthest boundary of the property'involved. The property immedia~ely to th~ north (Keystone Creations) is to extend the sewer to its south property line. South Florida Sanitation will be responsible for extendinq it from that point to the subject property's southern property line approximately 374 feet. If Keystone Creations does not install the sewer extension, provision of sewer service to this site must be revisited. Alternatives include continued use of the existinq septic system (requires certification of adequacy from HRS) or provision of the entire extension from the Lift Station. ,. .,.n " P&Z Staff Report South Florida Sanitation Conditional Use Page 5 . Streets and Trattic: A traffic study has been requested but it has not been submitted. In-lieu there of, the applicant has submitted a letter stating the development will generate approximately two trips per 14 trucks or a total 28 daily trips. However, this does not accommodated traffic from the 34 employees or customers picking up mulch. The provision of a traffic study prepared by a traffic engineer is required and is attached as a condition of approval. It is not anticipated that there will be traffic capacity problems as a result of this development. The development takes access from N.W 18th Avenue. The following issues relate to improvement obligation with respect to that roadway. Condition ot road surtace: At one time, N.W. 18th Avenue from N.W. 1st Street to its terminus at Keystone Creations had an asphalt surface. At present, portions of N.W. 18th Avenue, have deteriorated. The underlying roadway condition fronting this site is unclear as the roadway is covered with shell rock deposited by the concrete operation which previously occupied the site. Pursuant to LDR Section 5.3.1(E), Improvement Obliqations, development shall provide for the construction of street improvements associated with the project. When a full local street standard (Le., a new road) is required to carry traffic to and from the project, the project has to provide the necessary travel lanes to accommodate vehicles accessing the site. If it is impractical to construct the improvements, the obligation may be met by payment of cash funds equal to the current cost of such improvements. The Engineering Department is conducting bore tests to determine the makeup of the roadway. It is anticipated that the tests will reveal an improved roadway which has been allowed to deteriorate. In this case South Florida Sanitation would not be required to rebuild the street. However, South .Florida S.ani tation improvement obligations will include restoration of N.W. 18th Avenue to its previous condition i.e. removal of the shell rock, restoration of street drainage and possible resurfacing of that portion of the roadway covered with shell rock. Right-ot-way: N.W. 18th Avenue is classified as a local street which, pursuant to Section 5.3.1 (D)(2), requires a minimum right-of-way dimension of 60' . The right-of-way that is adjacent to this property is 50 feet. Pursuant to Section 5.3.1(D)(4), where the City Engineer supports a reduction ,. -'II; '. P&Z Staff Report South County Sanitation Conditional Use Page 6 in the required width and where there are no safety hazards associated with such a reduction, the body approving the development application may grant a reduction. A similar reduction had been requested by and granted to Keystone Creations. The applicant has submitted a request for a reduction in right-of-way to 50 feet. The City Engineer supports the reduction, in that 50 feet is sufficient to support a street section that is appropriate for this area. Drainage: The majority of the site is covered by a concrete slab. The site currently drains off-site into N.W. 18th Avenue. The site must retain stormwater on site. As a minimum, of 25% of the site is to be retained in open space per LDR requirements (see discussion under LDR requirements section), it is anticipated the new landscape areas~will double as swale areas for water quality. If the conditional use, is approved a site plan with associated engineering plans will be required. Parks and Open Space: Parks and Open Space dedications do not apply to commercial or industrial properties. Solid Waste: The proposed use itself is anticipated to generate 1.8 pounds per sq. ft. of floor area per year or 11,340 pounds. This volume is similar to the volume generated by the previous industrial use. Additional solid waste will be generated through the elements of the operation. This will include the sorting and temporary storage of solid waste which may be contained within the yard waste material. This non-vegetative material is to be stored in a 30 yard waste container. The length of time the container remains on site between times it is emptied is a concern (see discussion under the Consistency section) . Adequate capacity exists at the landfill to accommodate waste. Con.i.tency: Compliance with the performance standards set forth in Section 2.4.5(1)(5) (Conditional U.e Findings) shall be the ba.i. upon which a finding of overall consistency is to be made. Other objective. and policies found in the adopted Comprehen8ive Plan may be used in the making of a finding of overall con.i.tency. A review of objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found: ,. ¡'III' .. P&Z staff Report South County Sanitation Conditional Use Page 7 . Policy C-1.5: The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. Such efforts should include: · enhanced and continuous code enforcement efforts; · legislation which requires heavy industrial uses to provide perimeter landscaping of their sites; · owners of vacant property shall provide a landscaped appearance of their properties. While the South Florida Sanitation site is not located on an arterial roadway, it is in the area that is generally considered as part of the Congress Avenue corridor. The applicant has stated their intent to provide perimeter landscaping around the site. ~ It is important that such upgrading be provided in order to meet the above stated policy. Pending the outcome of the Conditional Use application, site upgrades will be addressed in detail during the site plan process. Section 2.4.5(E)(5) (Standards for Conditional Ule Actionl): Pursuant to Section 2.4.5(E)(5) (Findingl) in addition to provisions of Section 3.1.1, the City Commission mUlt make findings that eltablishing the Conditional Us. will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; and B. Nor that it will hinder development or redevelopment of nearby properties. This site is bordered by MIC (Mixed Industrial and Commercial) zoning to the north, south and west, and Seaboard Coastline Railroad and an industrial zoning designation to the west. The land use to the north is monument and ornamental stone cutting (Keystone Creations), temporary construction storage use to the west, a Plumbing contractor to the south and vacant to the east. In order to assess the potential impacts of this operation on adjacent properties, the applicant was asked to provide specific information on how the mulching operation would be conducted. The following is a summary of the information provided. Nine truck loads daily, twenty eight on Wednesday for a total of 64 truck loads per week of yard waste will be brought to the site. The trucks will be emptied on site in a staging area. The material will be picked up with a front loader and deposited in a wood chipper. The chipped product will be expelled into a containment area with '. ,. P&Z Staff Report South County Sanitation Conditional Use Page 8 concrete base and three CBS walls of 15' wide 20' long and 8' high. The mulch would be available for pick up by the public between the hours of 9 a.m. and 4 p.m Monday through Friday. All mulch not given away by the end of the working day Friday will be loaded in trucks and taken to the Solid Waste Authority landfill for disposal. This type of operation raises concerns with respect to noise, dust, and odor. The following is a discussion of each. Noise Levels: The use will generate noise when material is dumped on the ground, grappled into the chippers and chipped into the containment area. Additional noise will be generated from the front end loader when loading mulch for customers. With the exception of the noise generated by the chipper all other noises are inherent to most industrial type uses. Pursuant to Section 99.05 (A) of the City Code of Ordinances (sound levels of receiving land uses), maximum decibel levels shall not exceed 60 exterior/45 interior; and 55 exterior/45 interior for daytime and nighttime hours respectively. The applicant has indicated that the chipper will operate during daytime hours only, between 9: 00 a.m. and 5 p.m. The site is bordered by other noisy industrial uses including a Stone cutting operation to the north and the railroad tracks to the east. It is further noted the site is the heart of an industrial area and approximately 900' across 1-95 from the nearest residential property. Dust: The applicant has indicated in his narrative that dust control will be provided by a sprinkler application. The applicant will utilize the existing sprinkler systems which are installed along the top of the perimeter fencing. Odor: Inherent in yard waste Is a percentage of non-vegetated material. The applicant has indicated the yard waste will be sorted and the non-vegetative garbage will be placed in a 30 yard dumpster on site. The length of time the dumpster remains on site is a concern with respect to odor. It is recommended that as a condition of approval the 30 yard dumpster be emptied at least once a week and taken off site. As the landscape material, will not be on the site long enough for the composting process to occur, odor associated with the decay of vegetative materials should be minimal. ,. "II. " P6iZ Staff Report South County Sanitation Conditional Use Page 9 Water Consumption: Dust control' by sprinkler system is a concern during periods of water restrictions. Conflicts between preservation of water and control of dust will arise. However if dust control must be curtailed for a short time no residential areas will be impacted with dust. While concerns are noted with respect to noise, dust and odor the proposed mitigation procedures (limited hours of operation, sprinkler systems, mandatory emptying of non-vegetative waste, and no long term storage of mulch) would appear to provide adequate protection. Further, the location of the facility in a Mixed Commercial and Industrial area far removed from residential properties would appear to be the most appropriate location for this use within the City. Compliance with Land Development Requlation8: Section 4.6.6 (Commercial and Industrial Uses to Operate within a Building) allows Conditional Uses within commercial, industrial or mixed use districts to be conducted outside if visual and other impacts are mitigated. Pursuant to Section 4.6.6 (C) (2) Materials and equipment stored outside must be screened from view from adjacent public right-of way in a manner approved by SPRAB. These regulations create concerns with respect to the location of the truck storage on the sketch plan. The storage area is located wi thin the 25' front setback and 10' side interior setbacks. These setback areas must be utilized for the substantial buffering material which will be needed to screen the garbage vehicles. Pursuant to Section 4.6.17(D)(2) developers/owners shall be required to contain the windblown material within the project site. While this section relates to erosion control activities for construction sites it would be applicable to any activity which would create blowing material. The applicant has indicated in his na~rative th~t dust control will be provided, and that the mulched material will be contained within a walled-in area. Pursuant to the Section 4.3.3 ( Z) no person shall operate a resource recovery operation without first receiving a valid operating permit from the Solid Waste Authority. Accordingly, LDR Section 4.3.3(Z) requires that a letter from the Solid Waste Authority accompany the application which states its knowledge of the proposed facility. A copy of the application to the Solid Waste Authority has been provided. o. " P&Z Staff Report South County Sanitation Conditional Use Page 10 Pursuant to LDR Section 4.3.3 a minimum of 25% of the site is to be in open space (green area). As the majority of the site is paved this will require removal of some of the existing concrete slab. This 25% requirement should be provided by concentrating green areas to the perimeter of the site and around the proposed truck parking area. These green areas will also provide area for drainage to meet the site water quality standards discussed earlier in the report. Pursuant to LDR Section 4.6.9 (B)(1)(b) adequate off-street parking must be provided for any new conditional use. Under Section 4.6.9(C)(5) the parking required for the 6,300 building is 19 parking spaces. In the narrative the applicant has indicated that the operation will employee 39 people. Adequate parking for employees plus vistors should be accommodated on site. If the conditional use is approved, a site plan which includes parking facilities will be required. OTHER: Sidewalks: Pursuant to Section 6.1.3(A) sidewalks are required along both sides of N.W. 18th Avenue. Given the limited pedestrian need and the limited length of the street, the Engineering Department supports a waiver of the sidewalk requirement for this development. REV I E W B Y o THE R S: This proposal is not located in a geographic area requiring review by either the HPB (Historic Preservation Board) , DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). If the Conditional Use request is approved, a site plan must be submitted for review by the Site Plan Review and Appearance Board. The site is to be generally consistent with the sketch plan and conditions 9f Conditional Use approval. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A courtesy notice has been sent to Helen Coopersmith (PROD) , Art Jackel (United Property Owners) and Jean Miner (Delray Beach Counsel of Communities). '. .;111 ,. P&Z Staff Report South County Sanitation Conditional Use Page 11 ASS E SSM E N T AND CON C L U S ION S: From a concurrency point of view there are concerns with provision of adequate fire protection i.e. fire hydrant installation. In addition, concerns with respect to access (Le. status of N.W. 18th Avenue) and extension of sewer mains are noted. Compatibility and LDR concerns are noted with respect to noise, dust and odors. The proposed mitigation procedures (limited hours of operation, sprinkler systems, and mandatory emptying of non-vegetative waste and no long-term storage of mulch) would appear to provide adequate mitigation. Further the location of the facility in a Mixed Commercial and Industrial area far removed from residential properties would appear to be the most appropriate location for this use within the City. The reuse of this site through the conditional use process also allows for the imposition of site upgrades as conditions of approval. These upgrades include a minimum of 25' open space on the site which will result in substantial perimeter buffer areas. A L T ERN A T I V E C 0 U R S E S o F ACT ION S: A. Continue with direction. B. Recommend approval of the Conditional Use request based upon pos i ti ve findings with respect to Section 3.1.1 and Section 2.4.5(D)(5) (Conditional Use Finding) and policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use request based upon a failure to make positive findings. STAFF R E COM MEN D A T ION: Recommend approval of the Conditional Use request based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(D)(5) (Conditional Use Finding) and policies of the Comprehensive Plan subject to the following conditions. 1. That a site plan, landscape and engineering plan be provided which accommodates the following items: A. A minimum of 25' of open space to be concentrated around the perimeter of the· site and around the bull pen truck storage. ,. "'... " P&Z Staff Report South County Sanitation Conditional Use Page 12 B. Parking lot which accommodates the 34 employees and proposed visitors. C. Extension of a sewer main to the south property line or acceptable alternative (if sewer main is not extended by Key Stone Creations). D. Fire hydrant spacing which meets the required 300' industrial spacing. 2. Restoration of a portion of N.W. 18th Avenue i.e. removal of shell rock, provision of on street drainage and possible resurfacing of that portion of the street covered by the shell rock. 3. That the extent of the use be limited to the description contained on page 2 of the staff report. including the following restrictions: A. No yard waste will be stored on site over the weekend i.e. all waste must be removed on Friday of each week. B. That the mulch pile always be stored within the 15' by 20' by 8' high proposed containment area and that it not exceed 20' wide, 15' long and 8' high. C. That the hours of the chipping operation be limited to Monday - Friday 9 a.m. to 5 p.m. D. That the 30 yard dumpster for non-vegetative waste will be emptied and taken to an appropriate disposal site at least once a week. E. That the hours of the truck dispatch operation be from 6 a.m. to 5 p.m. Monday through Friday, and 7:00 a.m. to 12:00 noon on Saturday. F. Operational compliance with Section 99.05 (Noise abate~ent) and Section 4.6.17(D)(2) (Dust Control). 4. Submission of a traffic study prepared by a traffic engineer concurrent with the formal site plan submission. a:scs ,. "II' I I ~ "'0 "0 ~~ - I I _ r I I \ J r CANAL ^- U ._o;{ ~ ,I I _ / I .~- ~rr9ll I ~~~ ;~~ --- I- ....-- j7 - No.. -:... I 1 I ,,¡"......' ~I , ~ ~ ~ J' J m Ie '-- , ~ ~ I r w , => .... - r Z I!! _ \ {' ~ ; Ie: \LL I \ill 1-=( ~ ~ I - c~ t I I ",-; , I : a:: 1-: JIll 1 . C) :II , .; t ~ I , ¡ z ~<-_~ I 0 __ N / <J ,,'0/£.. '- SOUTH flORIO A I Ø~F SANITATION J /~ Vþ.~ /., '. '. . A~'¡" ~ . ~}!,. 0 I ¡JIIA. ''''1 . '14,( 41. ;.. r /Sit t ~ ~ - ... . ¡:, IU ! I . - ~~~fI ffl~- YJ"" '.........~". J~'fr.'t 1 ~ ~ .~~ \ . '"" ~~ ~ÌI ~ :s: .,.. ... . .... . . I ~ ... ~\ '\1) - ~ " , ~ . ~\ . '" . ~~ I ~ ao ~"'k '" . o.t ( ". , "t , , .... - ! '. . . ~ "- ~. ........ ...... - ..... '. ... '....... ; ¡ ~ ". " I , , '" J,: , " ~ ~"",. " ~ " "'., '~ "', . . I ". " v- I ......,"" " ~ .. I ". "'~.~ 'i t "".... ~ .~ . s." ", ¡,-..) ......., '''. '~ ..., ., . l ^. ('I I,~, A\ '. . South Florida Sanitation Co. p. O. BOX 6909 - DELRAY BEACH, FL 33484 407-278-5865 To Whom It May Concern: We the neighboring property owners have no problem with South Florida Sanitation maintaining its offices and equipment yard at 231 NW 18th Ave. Delray Beach, Florida. Jeyst~J: Creations ~Ç4'/')"'-~.~ ~ß-tv¡~~~~ _'-'-'. Gulfstream '."~ .fC,,·,-,e.~~' ----~~ . ~ ~ q() ~ /Jþ/tl93, "SATISFACTION GUARANTEED OR DOUBLE YOUR GARBAGE BACK" .- - 1 ø 26'(;(3''',: ""c:, 0[11 TRANSMISSION INfORMATION $HtET . ,. - MOlAND CO. 251 NORTH CONGRESS AVE. O£I.RAY lEACH, FLORIOA ')'+41+ . THE Fo..LOWINO PAGf5 ME FOR I . Of ¡¡«¡¡VIDUAL P A v L Mfr.! _ Of FIRM &l~v.J 0 r-ríé ~ r STATE IHMEOl^TE PRIORITY SAME DAY PRIORITY _JIß 17"1 f .II - 1 PACES ~ (INCLUOIHC INfOR~TIOH SHEET) BEING TRANSMITTED ON . 5/,M 2110 TELECOPIER ~7-Z6~-46'l, ..1 0/;' ~ J D. ut£ ;1;'¡ 7 p...... 1 1 . ~- 'ENT INFORMATION A) ,.. 0 .4>- ,_ 1'1 T J I.ð. .-. '1 .A4 H 1~ ~ _ IF YOU DO NOT RECEIVE ALL PACt$, PLEA5E CALL ~~ ~ ~-- BACK AS SOON AS POSS¡BL£. ~ r ~ -:£l. '. ¿~4 ¿ . OPERATOR TEI.£PHONE NlJItIEJI TO CALL U 1¡Q7-Z75-6e~~. ~ q tl 1~//I-/fß "C'<-:'C, ,/'~"'" ~ ,~ : "'7'= 002 - ' " -' ~ ~_.,.... .'----" ._-- , ---- ' - ~.. : ,.-... -.7 \ . - , .,.,. _... ._ . _n' ~"";'.--... _--""·IJM.I" ,1~ ' -:..~ ~ ' ;:¡':O; , :t... ,". . .;... ;: ,. ~ c: ~ ~ . 0 , ~ . . .. ~~~~ f~~i[~ i~ e: ~ nU~ . ~. nUl 0 [~:M i~~U ~i!!. '" = tD IT1 =: t2 j1 i i ~ ~ i> = ;;:0 nif~~[~ u~ I~ I\) . , ..... .. ~~~ªl ii~ªM~~ ~ - , æ ~i~t:. ;--1 ä:1: I I W ~ ~!Mi (hi!' I ~ . 6t iI. [. ~ Q. g..i: - " šf~ ~~ it ~¡:~~ f "< .' " ! :J , ... .... ;n 5.~ ~ 81 ~ ("þ I h__ ),' . ) " ~~~~ ~ ':i ., ~ ~~Fi1~~h¡ H rJj iI' i[¡~~tir~ii ~ 0 ~ ~~ ~.~ -! J. ¡rª=' . . & 2.ø ~ f- ~ i ~~. ~B' .~. ~ I . g 9 So ::t(): & a. j I I ~ 1 .g ~ .rÞ g~g. PI ' ~ ~t ~[i: ~;;s m;;'· "--< ::r i (). "t 8, '< :;r Is! > f"1 = - 0 ro 1>.>, .., . ~ª ~ ~[~HI~ ~Hinl ~ ~ ~, g ~ ....... t 3 ~~f.~~SjMi~~~~[ ~ = ~I"" ~ ~ ~~i 2.[.....~ ~!J ~ >~ ~ 1 ~ ~ e: ~ ë·za.ø'.< =:: ~ I c· :;; C'1I ('j fII' S' . B ro ~ [a ~ Q.~. >~ I =g ("') ~ ~~g ~ ii~[ i ;'5 Q. :r- ~ p ~ uf;g-~ ~f!f ~ ! .¡;. ~& at!i ¡:. ~ ~o~~ ~I~ ~ ~ rJ} (81110 ·~i~. t~:¡·~i·· ff C'1I" ~.Q. ~ = it~~~~~~~~1a~~ ~ 'ª(DS'....g~~~~f;;t1I~f = :o~¡i ¡~t~ ~¡:h ~ I . CIJ ft l~fII .'2,( a . "--< ~ [.~~r~ ~ [B:i~hff [¡~f l lIi.~ ~ .~ 8l~ f~ ~ i!:~~ ti~ 'I~J la ' . -1 '~. "'?~~_-'~g3 :. -~.: 3'=, Ø0::C~ - , ...... ~" "'."~.-. §::J"¡B ~~.,,;a.w~'?'~:;,,,,::.:.::~a:: ?o";~¡:':v (0. 0 ., Or ~'. -.; - I» 3 ..., .~ ,.J P"'~ . E." ~.~ -ir¥' ^. ..;;:~ C';""'~:E 8' ;l ('þ ~ - I» ~,.::.- s:.... + -< . ~ ~ It) 1/>' , 0... ,. '" ' - fr'" i"õr£~~ L f~;:'5;~~3.'i2.~ ~ . I: 11 ,'t:! B. !J> - .. ."'. .,? g ~ !'Ti ::2 Q. :c I» I» ¡:¡.. ;.'. ,-:.,,, . Q,::2;o:- "'Ç i I ~ . t ~ "," n. > !S. , -. ~ ¡;- if Þ ~ _ C/o I'D rl '< " ~ r· (tI i3 r- ,f -~. i 3: : -"'J::; ~' [~~ 3:: o "" FiJ' ~ .. ~ -, 0 ::r ~ c:c \JQ' ;::~:f ' ::t S· Cf1 ~~ ~ i ~ 6' (fJ'::r g õ';. po C' ~ <'II IJ! ~ [Jit!·! . ~ ~ ~8::t , -gill ~ ¡ ¡. ·t ::r Q,~ .. ! ~~~a.~ t Iii Q;J i g ~ Y,,- 3' ~.~ ~ e ~ < ¡¡ go , . g I'D ~ ;":J II> ~ ã. (II I' : - tff ;J ~~ ::-~' if.. ~ 4 ~ S! 9' ª;¡:¡ ~ I;~ I'D Ø; r" - "'," g. Ef g. . ø. S' ~ . -, ~ .~. ,. S-f~f .~ í~H8;U~§!~~~t J ,. ij . if~ð 8 '" "l~ ~lh~ ßI !f~~ =( g..! ;f~g~gæ:~~::r~-1ci'[~ I'D ~~'8g.J:L. . I»~' ~~i~ e- . ilsrU'if ifh11~;h ·~Z~~; . §.~ -~ 1i: ~ -" Õ!g it a,¡¡. . ! I'D a, If S IUl rt !h Ii§: "'.1.uhs . ... .. . . ~ ." . .. .I ~ 1...; 'f .. - " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ó~jt SUBJECT: AGENDA ITEM # 913 - MEETING OF DECEMBER 14. 1993 APPEAL OF HISTORIC PRESERVATION BOARD DECISION DATE: December 10, 1993 This item is before you to consider an appeal of an Historic Preservation Board decision to deny the request for waiver of the requirement to install a five foot wide sidewalk along N.E. 3rd Street in front of Skinner Dental Lab located at 703 N.E. 3rd Avenue. The project involves the conversion of an existing single family residence into a dental laboratory use. Associated improvements include construction of a five space parking lot along with the installation of associated landscaping and a handicap access ramp. The applicant is requesting a waiver based upon the rationale that there are no sidewalks on the street¡ the City has no plan, program, or financing for sidewalks in the area¡ the City will not construct a sidewalk at its own lift station north of the Skinner property (which is not correct) ¡ and the City cannot require sidewalks on existing commercial properties to the north or the residential properties to the south. The Historic Preservation Board at their October 6th meeting recommended denial of the waiver request. The the Board felt that sidewalks should be installed in instances where homes are being converted into income-producing properties (commercial uses), even if there are no other sidewalks in the immediate vicinity. At their November 17th meeting, the Board¡ reconsidered the waiver request and again recommended denial (5-1 vote). The Board discussed the possibility of deferring the installation¡ however¡ felt it would be difficult to enforce. Further, the Board felt that if a waiver were granted, a precedent may be set which could result in additional waiver requests for future development. Ultimately, the result would be either no sidewalks or a sidewalk with voids. A detailed staff report is attached as backup material for this item. Prior to granting a waiver the Commission must make positive findings wi th respect to LDR Section 2.4.7 (B) (5) . From a review of the required findings it can be concluded that the granting of the waiver would result in a special privilege¡ in that it is City policy to require the installation of sidewalks with development. Recommend the Historic Preservation Board decision be upheld¡ subject to negative findings with respect to LDR Section 2.4.7 (B)(5). ~~ 5-0 ,. dO. .. "';'/ V\ t/'~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ID T. HARDEN, CITY MANAGER THRU: VI~J~~~~R DEPARTME T F P NNING A D ZONING FROM: SUBJECT: MEETING OF DECEMBER 14, 1993 APPEAL OF AN HISTORIC PRESERVATION BOARD DENIAL OF A SIDEWALK WAIVER [LDR SECTION 6.1.3(B)(1)] ASSOCIATED WITH THE SKINNER DENTAL LAB (703 N.E. 3RD AVENUE) SITE PLAN APPROVAL ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of reversal of a specific action taken by the Historic Preservation Board regarding a request for a waiver to the requirement to install a sidewalk. The sidewalk is associated with a development proposal to establish a dental laboratory (Skinner Dental Lab) at 703 N.E. 3rd Avenue. The property is located on the east side of N.E. 3rd Avenue, between George Bush Boulevard (N.E. 8th Street) and Royal Court, within the Del-Ida Park Historic District. BACKGROUND: The project involves the conversion of an existing single family residence to a dental laboratory (office use) for Skinner Dental Lab (703 N.E. 3rd Avenue). The associated improvements include construction of a 5-space parking area on the east side of the property along with the installation of associated landscaping and a handicapped accessible ramp. With development or redevelopment, installation of infrastructure such as sidewalks is required per LDR Section 6.1.3(B)(1). Thus, a 5 · wide sidewalk is required along the front (75 · width) of the lot and placed at the eastern edge of the 3rd Avenue right-of-way. Pursuant to Section 6.1.3(D)(2), where it is clear that the sidewalk will not serve its intended purpose, the requirement for installation of a sidewalk adjacent to the property being developed may be waived during site plan or plat approval. Further, pursuant to Section 6.1.3(D)(3), in situations where it is inappropriate to install a sidewalk " " City Commission Documentation Meeting of December 14, 1993 Review of HPB Action re: Sidewalk Waiver for Skinner Dental Lab Page 2 concurrent with development, the sidewalk installation requirement may be met by the payment of funds sufficient to install the sidewalk. Such funds shall be escrowed and used, at a later date, for the installation of said sidewalk. At an estimated cost of $4 per sq. ft. , the sidewalk installation for this project would cost approximately $1,500. The applicant has submitted a letter (copy attached) requesting that this requirement be waived. The letter cites the following as the basis for the waiver: 1) no sidewalks exist on 3rd Avenue; 2) the City has no financed plan or programs to install sidewalks in this area; 3) there is no sidewalk at the City's lift station north of the Skinner property; and 4) the City is not able to require the existing developments to install sidewalks. HISTORIC PRESERVATION BOARD CONSIDERATION: At its meeting of October 6, 1993, the Historic Preservation Board granted site plan approval for Skinner Dental Lab. In conjunction with the development proposal, a request was made to waive the requirement to install a sidewalk along N.E. 3rd Avenue. The Board denied the request by a vote of 7-0. The basis for denial was that the Board felt in instances when homes are being converted to income-producing properties (commercial use) , sidewalks should be installed, even if there are no sidewalks in the immediate vicinity. The Board also noted that within historic districts, pedestrian activity should be encouraged and that the provision of sidewalks would enhance this goal. On November 17, 1993, at the request of the applicant, the Historic Preservation Board reconsidered the requirement to install a sidewalk. After discussion, the Board denied the request (5-1, Margie Miller dissenting, Chris Bull absent) to waive the requirement to install a sidewalk. In addition to the previously stated reasons, the Board noted that the east side of 3rd Avenue has been rezoned to RO (Residential Office) and, as all the lots abut the railroad tracks to the east, it is doubtful that any new residential construction will occur on any of the existing vacant lots. As new commercial construction and conversions occur, the installation of sidewalks will be required, and will eventually result in a continuous sidewalk. The Board discussed the possibility of deferring the installation of the sidewalk to a later date, however, they felt it would be difficult to enforce deferred installation. Further, if a waiver is granted, a precedent may be set which would result in additional waivers with future development. Ultimately, the result would be either no sidewalks or a sidewalk with voids. Subsequent to the Historic Preservation Board's second denial of the request, the applicant has appealed to the City Commission (letter attached). ,. " City Commission Documentation Meeting of December 14, 1993 Review of HPB Action re: Sidewalk Waiver for Skinner Dental Lab Page 3 REQUIRED FINDINGS: Pursuant to Section 6.1.1(B) (Waivers Allowed) , waivers to the Standards set forth in Article 6.1 (Infrastructure Design Standards and Requirements) are allowed provided that the City Engineer concurs in the granting of the waiver. Initially, the Engineering Department supported the request. However, upon further review of the request and the anticipated development scenario for this area, the City Engineer does not concur with the granting of a waiver. Prior to granting a waiver to LDR requirements, the granting body shall make the following findings, that the granting of a waiver [ref. LDR Section 2.4.7(B)(5)]: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, ( d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. From a review of the required findings it can be concluded that the granting of the waiver would result in a special privilege, in that it is City policy to require that sidewalks be installed with development. ALTERNATIVE ACTIONS: A. Reverse the Historic Preservation Board's decision and grant a waiver to LDR Section 6.1.3(B)(1), to install a 5' wide sidewalk along N.E. 3rd Avenue. B. Uphold the Historic Preservation Board's decision and deny a waiver to LDR Section 6.1.3(B)(1). RECOMMENDED ACTION: By motion, uphold the Historic Preservation Board's decision and deny a waiver to LDR Section 6.1.3(B)(1). Attachments: * Location Map * Reduction of Site Plan * Letter of Request .::rc/-r:CCSKIN.DOC '. " , ) " ) - r Ii --- I - ~ I , I - I N.E. 11TH ST. I I '- J - - a 0::: - ~ ....., - J N.E. 10TH ST. - ) ..... - - r-\. - ST. ' I .E. 9TH I ) I I-- I ~ I w I ~ 2 l N.E. 8TH ST. GEORGE BUSH BLVD. ( ~lffi fffitB~ - ~. ~ )~ ~ ~\>': , <C N.E. 7TH C ST. ~ l §tffi ~¥ ~..!f ~ I W <¢O I- ~ I-- - ,.... I- '"-0 N.E, 7TH S 0 T. Z Z (7 ~. ::J :J eJ 0 0 ~ CD CD I I I l- I- O'.J.. ::J 0::: I ~ 0 0 a (J) Z 5TH TERR. ~ N.E. 6TH 1") - .,,-... .- J 0 z 5TH CT. >-= N.E. I 5TH ~. ......... C/Î v .- ~'LJ - 0 :J .......... x«) z 51H ST. r: ~ I I I LJ U1 SKINNER W 2 :J DENT AL LAB .z f----- ~ ..... . '. " , 'èý <Y' 'J? "" t2"" .~ '\S: o 5!. ." .<, : I ..'" I I I .. » :1 (,( -..:t. ='C:S'i=~ _ ~I i 'W~.,_' II . : ~: III 1 --f ! w- 1\ }- c I ('jl : , ß: ". >- ~ ;o-,.~ ¡ ~I <>L~ ¡ /;' u .. w I~ 1\ .. ~ ::J Ii > ). '!! U. ". I ØoL 'iY", " . I ~ .!,\ .:... ~ I) cf 0 {: I '\ I 0, W ,. . ' - " , 1 ' '. Z . hi \, 11 ¡ \ ! II , U " , ~ § " i I o~ ! ' â ~ ~ 'I",. "0;,, ü x . ~ o,u , , ' / I, '" I 11) I-- '<v >- Z - !~, ~ jJ ~ ì < ~f :0. ! (š) ~ r. i iL r 111 f'~ I ~ < I < z, < , '" 3 I 0 0 ~ !z: u.J ~I ~ ì :; ILl 7. -c:: 21: ~ 111 tî ç:, e¡ ~ _~ 'L n; :t,..7 ' . ãii' I.......! r: ,:< I I ('<, I , II I ~ 'I ". ' ~ ~ ! Ii ,-_. -- ~llliL__~__ ~__~ ~ : L.<521'2'7:;J ..!I:JOd¿ng ? '3~Od ':J=iì;; X:;¡ , ~ J ' 0 Co _______ , " .. mI2 Elizabeth Debs Ralph Cantin · C Architects, Inc. November 19, 1993 Ms. Alison MacGregor Harty City Clerk 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Appeal HPB Denial of Sidewalk Waiver Skinner Dental Lab · 703 N.E. 3rd Ave. · Delray Beach, FL 33444 Dear Ms. Harty, Ira and Billie Skinner are converting a single family residence to a Dental Laboratory in the Del-Ida Park Historic District Last Wednesday, November 17, the Historic Preservation Board denied a sidewalk waiver request for this project. The Skinners have decided to appeal this decision before the City Commission. A sidewalk waiver is reasonable and appropriate in light of the following infonnation: 1.) There are 1lQ sidewalks on this primarily residential street. 2.) The City has no plan, program or fmancing for sidewalks in this area. 3.) The City will not construct a sidewalk at its own lift station noÌ'th of the Skinner propeny. 4.) The City cannot require sidewalks on the existing commercial propenies to the north or the residential propenies to the south which do not have sidewalks. Thus, a sidewalk requirement at this site - a sidewalk to nowhere, connecting to nothing~ is wasteful and inappropriate to the neighborhood context. The Skinners strOngly believe that in these dìfficult economic times, it is foolish for a community to promote redevelopment on the one hand and require excessive expenditures on the other. Please plage this maner on tho next City Comm1slion agonda and foel free to gall me an)'timo with an)' quo.don. or gommontl. Thank you very much, . ~~~ RECEIVED 2S Seabreeze Avenue /.;¿ II!?'?;. Dewy Beach. F1. 33483 CITY CLERK 407-278-3635 407-243-8184 (Fax) '. , ., 1 ~ , , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ArTY MANAGER SUBJECT: AGENDA ITEM i t.1e, - MEETING OF DECEMBER 14. 1993 AWARD OF BID FOR HEALTH INSURANCE DATE: December 10, 1993 This item is before you to consider awarding the bid for health insurance to Anthem Insurance Company in the amount of $1,887,550 for a point of service health plan. This program combines the comprehensive benefits and managed care of an HMO with the freedom of choice of a traditional indemnity plan. Staff received formal quotations for insurance coverage. The apparent low bidder for this plan was Cigna ($1,785,875) however¡ they quoted a second year guarantee based upon experience and not a true fixed rate. The next low bidder was Humana ($1,813,955). Award is not recommended to them as their plan would require the majority of our employees to change their primary physicians, thus creating a hardship. Staff and the Insurance Committee, therefore recommend award to Anthem Insurance Company. A detailed staff report is attached as backup material for this item. Recommend consideration of the award of bid for health insurance to Anthem Insurance Company in the amount of $1,887,550 with funding from Insurance Fund - Health Claims (Account No. 551-1576-591-45.41). 5-0 .. ..... " . - , Agenda Item No. : AGENDA REQUEST Date: 12-10-93 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 12-14-93 Description of agenda item (who, what, where h?:w much): Award of the City's health insurance contract to ANTaEM Point of Service Health Plan) effective February 1, 1YY4 (attached are tabulation ot . bids and outline of coverages). ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval is recommended by the Director of Finance, Risk Management Officer and Insurance Committee. Department Head Signature: Determination of Consistency Plan: N/A City Attorney Reviewj Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): N/A Funding available: ~ NO (if 'applicable) Funding alternatives: Account No. & Description: ::r:Ns~_ hJI.,)þ - \-\~ ~',IhS Account Balance:' ~-z.., oÎ8', 4lo ; City Manager Review: Approved for agenda: YESj NO Hold Until:· Agenda Coordinator Review: Received: Action: Approved/Disapproved 9{!" " " MEMORANDUM To: David T. Harde~Manager From: Joseph M. Saff ance Director Date: December 9, 1993 Subject: Award of Health Insurance Contracts The City of Delray Beach recently advertised and received formal quotations for a fully insured health plan. These quotations contained a variety of plan designs from restrictive HMO's, to "Point of Service" plans which are HMO's with some ability to choose individual doctors, to PPO's which allow maximum choice and which the City currently has but on a self-insured basis. The quotations were reviewed initially by our agent Arthur Gallagher & Company. The results of this review were then presented, along with other financial considerations from the Finance Department, to the Insurance Committee. This Committee consists of the Finance Director, the Risk Manager, and representatives of the labor unions of the City. The Committee initially recommended that the City award the health contract to CIGNA, but further review found that their second year guarantee was based upon experience and was not a true fixed rate. Therefore, we are recommending that the City award the health insurance contract to Anthem with the following terms: · Anthem Point of Service health plan with detailed benefits as submitted in quotation package · Effective date February 1, 1994 · Cost $1,887,550 (based upon current units) · Two (2 ) year contract with not to exceed 12% in Year 2 · Arthur J. Gallagher and Risk Manager authority to negotiate further performance criteria as part of contract · City should reduce present dependent rate by $10 per month · City should fix the revised dependent rate for two (2 ) years The evaluation of the health insurance quotations included the comparison of plan design, deductibles, coinsurance, copayments, out of pocket maximums, prescription drug payments, lifetime maximum payments (per person), hospital confinement deductibles, participating doctors and hospitals, and, finally, total estimated cost to the City. This comparison can be shown in the "Benefits Comparison" schedule and the "Annual Projected Plan Costs" schedule attached. The Committee recognizes that there is approximately a $500,000 to $550,000 savings to the City by going to this fully insured point of service plan. It would recommend that these savings be '. " Page 2 allowed to accumulate in the Insurance Fund to offset the present deficit and to cover the runout claims that must be paid in the present self-insured plan. It is anticipated that the deficit and the estimated runout claims could be $1,000,000 which could be fully covered by this new plan within the two year contract. The Committee feels that the quote from Anthem is the lowest and best quote considering all of the various factors that were evaluated. Your consideration of this request would be appreciated. encl: Schedule of Benefits Comparison Schedule of Annual Projected Plan Costs cc: Insurance Committee Lee Graham, Risk Manager .. .. ! CITY OF DELRAY BEACH I ANNUAL PROJECTED PLAN COSTS ASSUMPTION: IN PPO/HMO- 800/oPPO, 20%HMO GIVEN: CLAIMS IN FV1992 WERE $2,207,000 ANTHEM CIGNA HUMANA \ POtNTOF POtNTOF POtNT OF I I SERVICE PPOlHUO SERVICE SERVICE PPO.II-IUO PPOJHUO I ! PLAN PlAN PLAN PLAN OPTION 1 OPTION 2 I I FIRST YEAR COST 1,887,650 1,859,867 1,785,876 1,813,956 1,743,230 1,730,639 SECOND YEAR GUARANTEE 1 ZO/o 1 ZO/o TREND 8% 1 ZO/o 1 ZO/0/90/0 1 ZO/0/9O/0 (MAXIMUM CITY EXPOSURE) ON CLAIMS FIXED 4% ON OTHER I SECOND YEAR GUARANTEE 2,114,056 2,083,040 NONE 2,031,630 1,952,418 -1,886,288 "IF FIRST YEAR CLAIMS $1.2M 2,245,900 "IF FIRST YEAR CLAIMS $1.5M 2,269,900 I I "IF FIRST YEAR CLAIMS $2.0M 2,809,900 (' CIGNA QUOTED A TREND CAP OF SOlo ON CLAIMS COSTS, FIXED CAP OF 4(/0 ON ADMINISTRATION NOTE 1 I CLAIMS COSTS ARE EXPERIENCED RATED ALTHOUGH MANY OF THESE COSTS ARE FIXED IN NATURE ---.-J '. DEC 09 '93 12: 15PM GALLAGHER BENEFITS P.2 t I ~ g u . c >O .J 'g \V~ t g 8 ' ,; Q~ ~~ ~~ ~ .~ o III 0 ~ ~ ~ oJ!¡'f. "E ~c~ I Z% Z:o %0 0% 0% 00 :) 0LaZ po -= ct ] I 0 I it Q, 0 'Ë ~ .. ;i~ ªo ~ ~'at ~ ~ o,i! -= g - 0 & III ~ ~2 !i!i! 01;) >- o,~ c; eo ;2 ,.¡ .q' "i '¡11i"E LØI;) - 0 00 .". oÐ !!OeD 0.".0 ""...0 01'- .". Z <h II ,.. 'I 0 ~ II) 0 'I. 0 '; 0 0 0 g 0 i 0 8 ~~ & 0 $# ð:> 0 :!:~ i! «q q c; 0 :cz ã !:co :!o -Q ~'" -Ill ~g - " If) .. z.... z.... Zr-. <1>..... 20 z.... .,. z 'I} Uo J 0 cten I !: Q, W- III Q =G: fØ t- o¡ >ct g 'õ ~~ 0 Q g ~ .1:: .i 0 0 ~* I;) 0 ,5 ~ <l;Q. ~i ~g 0 0 0,< '<fl l. oe "0 ...~ ~~ Ill.... 1: N 0 g::i 20 z... .....,.. "",... ....~ ;:, ,.. ....10 ð~ w(.J 0 O(/) 0 8 t~ & LL..... :z: Q g 0 o' Q;;J "I- 0. I;) I;) & õ Ln . æ o¡¡: In I;) ~# N ~~ 0 :$ ~* ..:! M~ I;) >-<t ;¡: >w j 2... ... -II.... W ~ 2Z 20 ....0 ""Z 0& 00 -CI' 0A.<: C ...2 0 I. ¢ v _LU II: 0 0 .Q (Jca 0 0 0 Z ... ä 0 0 e II: .s - 0 :;) I A- gg .... ò ~ - .. ~~ 00 ~~ 1;1 eo ~~ eo 0 0 & 00 'ilit 00 q o~ ~ N~ ~S -0 t-l~ "¡w Lao .... ~~ ...,..",. .". .". .". UI .on 00 0- ..,.,... (I> e c dI C\. .W ë 'iã .. !: 0 :2 ,§ II 0 a: E fØ 0 ::I .. - õ 0 0 0 ò :!;; S Do ~* & 0 ~¡f. 0 0 ,ë g 0 ~~ 0 q o. S ~g ~FD" 0.... l ~~ ""0 ~(') ,..0 - ~~ .. Z Z.". z..... ..,. ,... z.". Zot> .... roo .". .; "1:1 .. c; . " .t'!"I:I . ð!!!~ 0 . ! .. .~ š 0 ~ q C lie ~¡ i~... c ~ ~~ o~< 0 C,) 88 oe f.~ ...l'J~ & ~ 0 ,.. ii ~ ~ .. NN 00 ~M ..¡~ "'cni .... 0 c; 0.... ... .". 1101"- ¡¡¡: 00 00 ::¡¡.",. .". ¡¡¡: <no ~ l- I: ~ i ~ In loW In J .III . : ..1 ~ CI ~ :II! i I ,JI, I'D ; W ~ j = .. J ~ II I lie D = ::I .21 I- ..I Q .!II! æ .Ê it .. \I) iii .. . c .. I; z &. - I: ;: .. ~ ~ 1~ I; () D Z o ! z X .- c 0 :.e z ~ J ~ ~ I õ g '¡ <:c:E () ! ~ f- loW C D t: · õ =æ '; .. . a 11\ Ii!! Zã ..~B =,z'5 ~ J:; ¡ ¡ I: ~ § I: i 5 _ z ~ loW 0 ~ .s en - C ~ .& 0 o .. - 0 ,,1:0 ~ ~.æ c ! I ... p c c = II ~ Z fØ ;:1 ~- fa .. æ~ ~ ~- I 'D E ~ J en " ãt .1 8 II: 't C II Q In If a. o en L U ::::¡ l. : (:II '. ,. Point-of-Service Provisions Lt\nthel11 't d' ANTHEM'S POINT-OF- SERVICE PROGRAM WHAT IS THE ANTHEMroINT-OF- HOW DOES THIS PROGRAM BENEFIT AN SERVICE PROGRAM? EMPLOYER? Anthem Health Plan of Florida, Inc. has The Point-of-Service Program offers you with developed a logical step in the evolution of easy access to healthcare and simple health care benefits. We have combined the administration. Highlights of this Program are: comprehensive benefits and managed care of a Security Health Maintenance Organization (HMO) with the freedom of choice of a traditional · No risk of adverse selection due to indemnity plan. Anthem Health Plan of employee plan selection. Florida, Inc. and Anthem Life Insurance · Total cross rating of all options in the Company have combined their efforts to Program. provide a flexible, comprehensive, economical health care alternative for their insureds. Access To Medical Care For Employees · Hospitals and physicians participating in the HMO are conveniently located ADVANTAGES OF THE ANTHEM throughout the area where your employees POINT-OF-SERVICE PROGRAM reside and! or work. · Easy access to providers encourages Plan cost under Anthem's Point-of Service Members to use the Program wisely and Program is based on the experience of the reduce or eliminate major out-of-pocket employer's entire group. Claims dollars saved expense. in the HMO portion support the more expensive indemnity side of the Program. Simplicity of Administration This cost-sharing serves to control total plan · All options included in single rate. costs. · Single monthly billing for all coverages. · One central claims reimbursement point. . Initially, rates are based on an estimated split between HMO and indemnity WHAT ABOUT THE EMPLOYEES? utilization. . At the end of the plan year, the actual costs of each part of the Point-of-Service Most of the time, Members will want their Program are combined to become the Primary Care Physician (PCP) to manage their Group's total "experience". Rates for the health care. This way, they will have the entire plan year are based on this "total comprehensive benefits and cost saving features experience" as well as the actual of the HMO pian. If, on occasion, a Member enrollment in the Group's pian. chooses to go outside the HMO to obtain services , he or she will be eligible for Out-of-Network indemnity benefits. Members will pay more for the cost of care if they choose to do this, but the choice is theirs. G 7670-2-1092 i\ntllell1 '. "U!I ,. HOW DOES ANTHEM'S POINT-OF-SERVICE PROGRAM WORK? The employer selects, on the HMO side, the The Out-of-Network benefits are administered as level of copayment which the employee will follows: be required to pay each time he visits his Primary Care Physician (PCP). · If a Point-of-Service Member receives medical care outside the HMO, he or she The employer also selects an indemnity will be required to pay for the care and schedule of annual deductibles, coinsurance me a claim with us. and maximum out-of-pocket amounts which the employee will pay when receiving benefits · The charges will be applied to the annual and services outside the HMO. deductible and co-insurance, as detennined by the Schedule of Benefits selected by the Anthem Health Plan of Florida, Incó has a employer. large network of participating physicians and facilities. At the time of enrollment, each · After the deductible has been met, the Member will select a Primary Care Physician Member will be reimbursed for the (PCP) who will coordinate their health care. appropriate expenses incurred according to A Primary Care Physician is a physician the Schedule of Benefits selected. specializing in family, general practice, internal medicine, pediatrics, and sometimes OPTIONAL BENEFITS obstetrics-gynecology. Female Members over the age of 12 may select an obstetrician- In addition to the standard HMO benefits, there gynecologist in addition to a general practice are several optional benefits available to enhance physician. the Program. These benefit riders are purchased at an additional premium by the employer and A copayment may be required each time include the following: service is rendered through HMO providers. No claim fonns are associated with the HMO, · Prescription Drug Plans except for emergency services received · Mental and Nervous Disorders outside the HMO network. In'this situation, a · Alcohol and Drug Abuse claim fonn may be required. · Speech and Hearing · Vision Care When a Member receives care through his or · Infertility her Primary Care Physician (PCP), the HMO benefits apply. When a Member prefers not to receive care from the Primary Care Physician (PCP), he or she will have the protection of the Out-of-Network benefits. o 7670-3-1092 ¡\ntheI11. ,. "III' " GENERAL COVERAGE PROVISIONS POUCY EFFECTIVE DATE Insurance for an employee's dependents will not Insurance may become effective on any date become effective before the employee's insurance mutually agreeable to the applicant and the is effective. Company. When the effective date is other than the fIrst day of the month, coverage is STATUTORY INSURANCE REQUIREMENT effective the fIrst day of the month following The benefIts and provisions described in this the effective date. If the plan is paid for entirely by the applicant, all eligible proposal are subject to modification in order to employees must be enrolled. If the plan comply with statutory insurance requirements. requires contributions from both employees In no event will any benefIt or provision in the and the applicant, at least 75 % of the eligible employees must enroll. master policy be more restrictive than those required by any applicable state or federal law. INDIVIDUAL EFFECTIVE DATES ELIGmILITY Group insurance is generally offered to all fulltime employees. New employees usually Employees - All full-time active employees become eligible after a short waiting period, working at least thirty hours a week may be typically one to three months. Depending on insured after they have completed a waiting the plan selected, insurance will become period agreed to by the applicant and the effective either immediately following Company. The waiting period may be waived for completion of the required waiting period or employees actually at work on the plan effective on the fIrst of the month coincident with or date. Eligibility for coverage under the HMO plan next following that date. If an employee is not is limited to those employees and their families actively at work on the date the employee's who reside in the HMO Service Area. insurance would nonnally become effective, the employee's insurance will become effective after returning to the full-time duties of his or her regular occupation. 07670-9-1092 i\lltllt'll1 ,. HI> " GENERAL COVERAGE PROVISIONS (Continued) Dependents - An employee's spouse and COORDINATION OF BENEFITS unmarried children from birth to age 19* are eligible for coverage. Dependent children who This provision coordinates your plan with any are enrolled as full-time students may be other medical plan arranged through any covered up to age 24*, unless they are in employer, trustee, union, association, educational active military selVice, or eligible for institution, or any coverage required by statute or insurance as an employee. When both husband any governmental program. It provides that and wife are employees of the same employer, benefits of this plan may be adjusted to the extent both must be covered as an employee and only necessary so that the total benefits an individual one may insure the children. received from all sources do not exceed 100% of covered charges. Benefits will not be coordinated *Maximum age as applicable to dependent with an individual policy. children, in the master policy, will be as agreed to by the applicant and the Company DEFINITIONS and as may be regulated by state law. Convalescent Facility - A licensed institution Disabled Children - Medical insurance may providing inpatient care and treatment for be continued beyond the maximum age, as individuals convalescing from a sickness or injury specified in the Schedule of Benefits, for under the supelVision of a physician and with 24 mentally retarded or physically handicapped hours per day nursing care provided by nurses dependent children who are incapable of self- that are supelVised by a full-time Registered sustaining employment. Continuation of Nurse and keeps a daily clinical record of each coverage under these circumstances is patient. Convalescent facility does not include a contingent upon payment of the applicable place primarily for rest, the aged, drug addicts, premiúm and proof of incapacity submitted to custodial care or educational care. the Company within thirty-one days of the date such dependent's coverage would have Copayment - The amount of payment indicated in otherwise terminated (within 90 days of the the Schedule of Covered SelVices which is due ,effective date of this plan if the child was and payable by the Member to a Provider of care insured under a similar provision of a prior each time selVices are rendered. The copayment plan). amount is due at the time selVices are rendered. i\nthen1 G 7670-10-1092 ,. "II' " : GENERAL COVERAGE PROVISIONS (Continued) Emergency Care - Bona fide emergency available at all times; (3) Provide 24 hour nursing services provided after the onset of a medical service; (4) Maintain on their premises all the condition (or as soon thereafter as the care can faculties needed for the diagnosis, medical care be made available but which is not later than and treatment of sickness or injury; and (5) have 24 hours after the onset) manifesting itself by organized facilities on their premises for major acute symptoms of sufficient severity, surgery. including severe pain, such that the absence of immediate medical attention could reasonably Also includes any tax supported Institution in the be expected to result in: (1) placing the State of Florida which provides for mental illness, Member's health in serious jeopardy; (2) provided such institution regularly charges non- serious impainnent to bodily functions; or (3) indigent patients for such treatment. Does not serious dysfunction of any body organ ot part. include an Institution, or that part of an Heart attacks, severe chest pains, Institution, used mainly for: (1) nursing care; (2) cardiovascular accidents, hemorrhaging, rest care; (3) convalescent care; (4) care of the poisoning, major bums, loss of consciousness, aged; (5) custodial care; or (6) educational care. serious breathing difficulties, spinal injuries, shock and other acute conditions as the HMO Medically Necessary - Services or supplies shall detennine are emergencies. received while covered which are detennined by the HMO to be: Family Members - Those members of the · Consistent with the symptoms or diagnosis Subscriber's family who meet the eligibility and treatment of the Member's condition, requirements and have been enrolled by the disease, ailment or injury; and Subscriber. · Appropriate with regard to standards of good medical practice; and HMO - Anthem Health Plan of Florida, Inc., · Not solely for the convenience of the a Florida corporation, which will provide or Member, his or her Participating Physician, arrange for Members the covered services that Hospital, or other health care provider; and are described in this proposal. · The most appropriate supply or level of service which can be safely provided to the Home Health Care Agency - A public or Member. When specifically applied to an private agency or organization licensed by the inpatient, it further means that the diagnosis state in which it is located to render home or treatment cannot be safely provided to the health care services. Member as an outpatient. Hospital - An Institution constituted, licensed, Member - Both a Subscriber and his or her and operated as set forth in the laws that apply Family Members for whom a contribution has to Hospitals, which: (1) provide Room and been made. Board and nursing care for their patients; (2) have a staff with one or more Physicians l\ntht'll1. o 7670-11-1092 '. ,. GENERAL COVERAGE PROVISIONS ( Continued) Participating Provider - A Physician, non-Participating Providers. Each Member must Hospital, Skilled Nursing Facility, Home select or have selected on his or her behalf a Health Care Agency, or any other duly Primary Care Physician. licensed institution or health professional, under contract with the HMO to provide Pre-Existing Condition - A disease or physical Professional and Hospital Services to condition for which medical advice or treatment Members. Covered Services may also be was received by the Member during the 3 months provided be a person the Participating prior to the effective date of the Member's Provider employees for specific services and coverage. who is acting within the scope of his license, certification or qualifications. Reasonable and Customary - Charges are reasonable and customary if they: (1) are Participating Physician - A Physician who, at nonnally charged by the provider for these the time of providing or authorizing services services and supplies; (2) do not exceed the to a Member, has contracted with or on whose amount nonnally charged within the same locale behalf a contract has been entered into with by most providers; and (3) do not exceed the the HMO to provide Professional Services to amount that would have been accepted by the Members. A Participating Physician's provider in the absence of insurance. agreement with the HMO may tenninate, and Consideration is given to the nature and severity a Member may be required to utilize another of the insured's condition and any circumstances Participating Physician. for which additional time, skill or experience are required. Physician - A licensed doctor of medicine or doctor of osteopathy or any other licensed Subscriber - Any employee who has contracted, practitioner of the healing arts rendering or on whose behalf a contract has been entered services which are: (a) covered under the into, with the HMO to provide covered services. policy; (b) for benefits required by Law to be provided when rendered by such practitioner; Totally Disabled or Total Disability - and (c) within the scope of his or her license. Disabilities resulting from accidental bodily injury Physician does not include the insured, the or sickness which requires the employee or insured's dependents or the insured's parents dependent to be under the care of a physician and or in-laws. prevents him/her from engaging in any business or occupation for compensation or profit and, Primary Care Physician - A Participating with respect to the medical insurance, prevents Physician who provides primary care services engaging in substantially all the nonnal activities to Members (e.g., general or family of a healthy person of like age and sex. practitioner, internist, pediatrician, or obstetriciangynecologist) and is responsible for referrals of Members to Specialty Referral Physicians or other Participating Providers, and if necessary, ~Anthell1. o 767~12-1092 '. ,. : HEALTH MAINTENANCE ORGANIZATION BENEFIT DESCRIPTION Covered services include the following: Each Member is entitled to receive certain covered primary medical services from · Inpatient hospital services including, but not Primary Care Physicians who coordinate the limited to, semi-private room and board Professional Services and Hospital Services (private room when Medically Necessary) received by the Member from other for an unlimited number of days, use of Participating Providers. A Member selects a operating room and related facilities, use of Primary Care Physician from the list of intensive care and cardiac care units, general Primary Care Physicians participating in the nursing care, X-ray services, laboratory and HM:O. If a Member receives services through other diagnostic tests, drugs, medications, other than his/her Primary Care Physician or anesthesia and oxygen services, short-tenn if such services are not authorized by the physical therapy, short tenn speech and Primary Care Physician, such services will not occupational therapy, radiation therapy, be covered except in the case of an inhalation therapy, chemotherapy, blood and emergency. If a Member, upon referral by a blood plasma and its administration. Primary Care Physician, uses the services of a Participating Provider, or other health · Outpatient hospital services including professional, who is a licensed psychologist, diagnostic services, radiation therapy and physical therapist, clinical social worker, chemotherapy, X -rays, outpatient surgery occupational therapist, speech pathologist or and short tenn rehabilitative services. audiologist, and payment for such services would have been made if such services had · Physician and surgeon services including been perfonned by the Participating Physician, health education, periodic physical such services will be treated as if they had examinations and health examinations, eye been furnished by a Participating Physician for examinations, well child care, pediatric and the purpose of detennining benefits. adult immunizations and injections. Chiropractic and podiatric services may be obtained by a Member without referral from · Surgical and obstetrical procedures including the Primary Care Physician. However, the services of an anesthetist or anesthesiologist. member must select an in-plan provider and contact Utilization Management. · Laboratory procedures and X-ray examinations. COVERED SERVICES · Home health care including, as necessary, Covered services are those medical, surgical, house calls by a physician or registered diagnostic, therapeutic and preventive nurse as well as other professionals services, which are generally and customarily provided by a Home Health Care Agency, provided in the area, are Medically Necessary when ordered by the Primary Care And Whkh Are Perfonned, Prescribed, Physician. Directed Or Authorized By The Prinuuy Clue PhysiCÛl1l. 07670-13-1092 i\ntllell1 ,. ., ~ " HEALTH MAINTENANCE ORGANIZATION ( Continued) · Hospice care including, as necessary EMERGENCY CARE SERVICES inpatient and outpatient visits by a physician or members of a team of trained A medical emergency is defmed as a sudden or medical personnel, homemakers and unexpected onset of a condition which, if not counselors. Bereavement counseling is immediately treated, would cause complications limited to 6 sessions. and jeopardize the patient's recovery. Heart attacks, cerebrovascular accidents (strokes), · Short-tenn rehabilitation services. poisonings, loss of consciousness, convulsions, hemorrhaging, major bums, serious breathing · Family planning services, excluding in difficulties, spinal injuries and shock are vitro fertilization and embryo transplant. considered to be medical emergencies. Similar conditions may also be detennined by a Primary · Ambulance seIVices. Care Physician to be medical emergencies. · Elective abortions. EMERGENCY CARE SERVICES WITHlÑ THE SERVICE AREA · Prosthetic devices and corrective appliances. Limited to initial appliance Medical Care A vaiJability and Notification - only, except when due to body growth of Medical care is available through the Primary a child, if approved by the HMO. Care Physician 7 days a week, 24 hours a day. If Emergency Care SeIVices are required, the · Durable medical equipment. The HMO Member must notify and obtain authorization for reseIVes the right to detennine whether to treatment from his/her Primary Care Physician rent, purchase or repair such equipment. prior to treatment if hel she is unable to utilize a Participating Provider. Except as shown below, · Oral surgical procedures limited to those services will not be covered by the HMO unless required in connection with the following: they are provided or authorized by a Primary an accidental injury to sound natural Care Physician. teeth, the jaw bones, or surrounding tissue; the correction of a non-dental physiological condition which has resulted in a severe functional impainnent, and treatment for tumors and cysts requiring pathological examination of the jaws, cheeks, lips, tongue, roof and floor of the mouth. G 7670-14-1092 LL\nthenl, ,. ""I' HEALTH MAINTENANCE ORGANIZATION ( Continued) unexpectedly; elective or specialized care required Non-Participating Providers - If the Member as a result of circumstances which could is unable to contact the Primary Care reasonably have been foreseen prior to departure Physician due to shock or unconsciousness, from the SeIVice Area is not covered by the and immediate emergency treatment is HMO. For example, nonnal tenn child-birth necessary, such Emergency Care SeIVices outside the SeIVice Area is not covered. provided by a non-Participating Provider will However,compli~tionsofpregnancyor be covered. However, the Member must, at unexpected delivery are covered outside the the earliest possible time, notify his Primary SeIVice Area. Care Physician to receive authorization for care. SeIVices frqm non-Participating LIMITATIONS Providers are covered by the HMO only until such time as the Member can, without Circumstances Beyond HMO Control - If, due medically hannful or injurious consequences, to circumstances beyond the HMO's control, utilize the seIVices of a Participating Provider. Participating Providers are unable to provide required seIVices in a timely manner, the HM:O EMERGENCY SERVICES OUTSIDE will make a good-faith effort to arrange for an THE SERVICE AREA alternative method of providing such coverage. However, the HMO and Participating Providers Medical Care and Notification - If a Member shall incur no liability or obligation for delay, or is outside the SeIVice Area and requires failure to provide or arrange for seIVices if such Emergency Care SeIVices due to an injury or failure or delay is ~used by circumstances illness, benefits will be provided based on beyond their control. Usual, Customary and Reasonable Charges for professional care in the area and subject to Workers' Compensation - Although health any required copayment. The Primary Care seIVices are available from the HMO, the Physician or HMO must be notified within 24 HMO is not financially responsible for the cost of hours of the receipt of such treatment or as Covered SeIVices to the extent benefits are soon thereafter as the Member becomes lucid payable under any workers' compensation or ,and able to communi~te. employer's liability law or similar legislation. Follow-Up Care - Follow-up care or Pre-Existing Conditions - Benefits in connection treatment is limited to care required before the with any Pre-Existing Condition are limited to Member can, without medically hannful or $1,000 during an Initial Period of Coverage. An injurious consequences, return to the SeIVice Initial Period of Coverage is the shorter of: Area. Out-of-Area seIViœs are limited to situations in which care is required immediately and L~thf'n1 G 7670-15-1092 '. HEALTH MAINTENANCE ORGANIZATION (Continued) Pre- Existing Conditions (Continued) a. three consecutive months ending while the · Non-medicaVrehabilitative services except as Member is covered under the Program may otherwise be provided elsewhere in this and during which no medical services for proposal. the condition were received; or · Personal or comfort items and private rooms unless Medically Necessary. b. twelve consecutive months during which · Contact or corrective lenses and eyeglasses, the Member has been continuously except as specifically provided by the Vision covered under the Program; or Benefit Rider. · Services or treatment of mental retardation, c. the period of time for which the Member mental and nervous disorders or other mental would have continued to be subject to a health services except as specifically provided Pre-Existing Condition limitation under by the Mental Health Benefit Rider. another plan providing at least basic health · All drugs for outpatient use except as care services or benefits in which the specifically provided by the Prescription Member was enrolled through the Drug Benefit Rider. Policyholder immediately prior to the · Experimental services. effective date of coverage under this · In Vitro Fertilization except as specifically Program. provided by the Infertility Benefit Rider. · Care in connection with military service EXCLUSIONS disabilities and conditions for which the Member is entitled to services in a military Except as specifically provided, the following hospital unless pre-authorized by HMO. services and benefits are excluded from · Public facility services. coverage under this plan: · Non-Medically Necessary Services. · Maternity services related to a Member's · Services of Non-Participating Providers. serving in the capacity of a surrogate mother. · Cosmetic surgery done primarily to improve the appearance of any portion of · Radial Keratotomy or any surgical procedure the body, and from which no for the improvement of vision when vision improvement in bodily function could be can be made adequate through the use of reasonably expected. glasses or contact lenses. · Sex transfonnation. · Ambulance Service, unless medically · Services to reverse voluntarily induced necessary . infertility . · Speech and Hearing Treatment, except as · Dental Care. specifically provided by the Speech and · Custodial or Domiciliary Care. Hearing Benefit Rider. · Non-Eligible institutional services. ¡\nthell1. G 7670-16-1092 '. HEALTH MAINTENANCE ORGANIZATION (Continued) Pre- Existing Conditions (Continued) a. three consecutive months ending while the · Non-medicalJrehabilitative seIVices except as Member is covered under the plan and may otherwise be provided elsewhere in this during which no medical seIVices for the proposal. condition were received; or · Personal or comfort items and private rooms unless Medically Necessary. b. the end of six consecutive months during · Contact or corrective lenses and eyeglasses, which the employee has been continuously except as specifically provided by the Vision insured and actively at work; or Benefit Rider. · SeIVices or treatment of mental retardation, c. twelve consecutive months during which mental and nervous disorders or other mental the Member has been continuously health seIVices except as specifically provided covered under the plan; or by the Mental Health Benefit Rider. · All drugs for outpatient use except as d. the period of time for which the Member specifically provided by the Prescription would have continued to be subject to a Drug Benefit Rider. Pre-Existing Condition limitation under · Experimental seIVices. another plan providing at least basic health · In Vitro Fertilization except as specifically care seIVices or benefits in which the provided by the In Vitro Fertilization Benefit Member was enrolled through the Rider. Policyholder immediately prior to the · Care in connection with military service effective date of coverage under this plan. disabilities and conditions for which the Member is entitled to services in a military EXCLUSIONS hospital unless pre-authorized by HMO. · Public facility services. Except as specifically provided, the following · Non-Medically Necessary Services. seIVices and benefits are excluded from · Maternity services related to a Member's coverage under this plan: serving in the capacity of a surrogate mother. · SeIVices of Non-Participating Providers. · Radial Keratotomy or any surgical procedure · Cosmetic surgery done primarily to for the improvement of vision when vision improve the appearance of any portion of can be made adequate through the use of the body, and from which no glasses or contact lenses. improvement in bodily function could be · Ambulance SeIVice, unless medically reasonably expected. necessary . · Sex transfonnation. · Speech and Hearing Treatment, except as · SeIVices to reverse voluntarily induced specifically provided by the Speech and infertility . Hearing Benefit Rider. · Dental Care. · Custodial or Domiciliary Care. · Non-Eligible institutio~ seIVices. o 7670-17-1092(3/6/12) ¡\nthell1 ,. "HI' " HEALTH MAINTENANCE ORGANIZATION (Continued) Exclusions (Continued) . Medical, mental or other services required by Area, except when the delivery is unexpected a third party including, but not limited to, and/or a complication of the pregnancy. court-ordered mental health services and · Infertility will be excluded except as court-ordered drug rehabilitation, unless otherwise covered under an attached determined by a Participating Provider to be Infertility Benefit Rider. Medically Necessary; Federal Aviation Agency · All Non-Prescription Drugs and exams required for pilots' licenses; and insurance or employment physical exams. A investigational and experimental drugs and child's required physical examination for devices. school and sports is a Covered Service.. · Prosthetic Medical Equipment as follows: Gastric Stapling, Gastric Bypass, Gastric dentures; hearing aids; corrective lenses; eye Segmentation. glasses; contact lenses (except as specifically · No payment will be made for Outpatient stated elsewhere in this Certificate); non-rigid Services received in Federal faciHties or for appliances and supplies (i.e. elastic stockings, any items or services provided in any garter belts, arch supports); corsets; institutions operated by any state government corrective (orthopedic) shoes; items which or agency when Member has no legal are investigational or research devices; obligation to pay for such items or services, or devices deemed exclusively to remedy sexual charges made only because coverage exists. dysfunction, except devices deemed · Public FaciHty Services, including care for Medically Necessary by the Participating conditions that federal, state or local law requires to be treated in a public facility, for Physician to repair physical functions lost as which a Member has no legal obligation to a result of physiological disorder or payor charges made only because coverage accidental injury; and the replacement, exists (subject to the right, if any, of the repair, or routine periodic maintenance of United States government to recover covered external prosthetic medical reasonable and customary charges for care appliances described, except replacement provided in a miHtary or veterans' hospital.) necessitated for the nonnal anatomical growth · Services which are paid or payable under of the person wearing the prosthesis. Workers' Compensation or ariy Occupational . Weight control programs and food Disease or similar law whether such benefits supplements. are insured or self-insured; or which are . Broken Appointments including any charge incurred due to a Sickness or injury which is imposed by a provider's office to the caused or connected in any way to, employment of the Member. Member for broken appointments. Members · Routine Foot Care. must call 24 hours prior to the time of · Experimental organ transplants are excluded. schedule appointment to cancel that · All costs associated with the delivery and appointment. Failure to do so may result in a neonatal care resulting from a normal term broken appointment charge by the provider. childbirth which occurs outside the Service The charge will not be paid by the HMO. This charge may be waived upon proof to the HMO that inability to keep the 07670-18-1092 appointment was not under the control of the Member. l\nthell1. ,. ',II" " HEALTH MAINTENANCE ORGANIZATION (Continued) Exclusions (Continued) . Non-Medical/Rehabilitative Substance . Other SeIVices, including any seIVices or Abuse SeIVices, except as otherwise supplies not specifically listed in this provided here in or attached rider, non- Certificate as covered benefits, services or medical ancillary services and long-tenn supplies. rehabilitative seIVices for the treatment of . Alcohol and Drug Abuse Services except as alcoholism or drug abuse, including specifically provided by the Alcoholism and rehabilitation seIVices in a speciali7.ed Drug Dependency Benefit Rider. inpatient or residential facility. , . SeIVices for medical care resulting from an Injury acquired during: (a) the act of committing or attempting to commit an assault or felony; or (2) participating in a riot, civil disturbance or insurrection. Ant he n1. G 7670-19-1092 ,. ,,"', " ¡ HEALTH MAINTENANCE ORGANIZATION PROVISIONS GROUP ENROLLMENT AGREEMENT 4. If a Member knowingly causes or allows AND GROUP HEALTH MAINTENANCE incorrect or incomplete infonnation to be CERTIFICATE furnished to the HMO which constitutes a material misrepresentation, the coverage of The Group Master Application and Enrollment the Member who furnished such infonnation Application and Physician Selection Fonn or on whose behalf such infonnation was completed by the Members; and the Group furnished, may be terminated upon 31 days Master Contract, including the Certificate of written notice. Coverage and any Riders or Endorsements, 5. If a Member conducts himself/herself in constitute the entire Agreement between the parties. ways detrimental to safe operation of HMO and the delivery of its services, his/her Transfer Outside HMO Service Area - If an coverage may be tenninated upon 31 days individual moves outside the HMO Service written notice. Area or the HMO tenninates, he or she will continue to be covered under the indemnity 6. If a Member fails to cooperate in HMO plan. administration of the Double Coverage, Coordination of Benefits or Subrogation TERMINATION provisions, coverage may be tenninated. Subject to the Member's right to continue 7. If the Subscriber or Family Member has left coverage or convert, coverage may be the geographic area of the HMO with the tenninated for the following reasons: intent to relocate or establish a new residence outside the organization's 1. In the event any Member fails to pay any geographic area, coverage shall tenninate for required Copayment, coverage will the Member upon 31 days written notice. terminate for the Member upon 31 days 8. Subject to the CONVERSION PRIVILEGE written notice. provision, a Member's coverage under this 2. If the Member pennits the use of his or her Certificate will tenninate on the effective HMO identification card by any other date of termination by HMO, of the Group person, or uses another person's card, the Master Contract. A Member's coverage shall card may be retained by the HMO, and also terminate on the effective date of coverage of the Member may be terminated termination of the Group Master Contract, upon 31 days written notice. by Group. In this event, there is no Conversion Privilege available to the 3. If, after reasonable efforts, a Primary Care Member. Physician is unable to establish or maintain a satisfactory Physician-patient relationship with a Member, coverage of the Member may be terminated upon 31 days written notice. 07670-20-1092 ~4nthenl ,. ',n, ,. HEALTH MAINTENANCE ORGANIZATION CONVERSION (Continued) If the coverage of any Member tenninates for any Termination (Continued) reason other than for those reasons cited in items 1 through 7 in the Tennination section of this 9. Subject to the CONTINUATION OF proposal, and if the Member has been COVERAGE and CONVERSION continuously covered under this Program or PRIVILEGE provisions, the coverage of another health maintenance organization providing any Member who ceases to be eligible similar benefits which was replaced by this shall terminate as of the date on which Program, such Member may convert to individual eligibility ceased. This paragraph also coverage without evidence of insurability. applies to any Family Member of a Application for conversion coverage, together Subscriber who has lost his eligibility as a with the necessary premium payments, must be Member of the Group, for whatever submitted to the HMO within 31 days following reason, including the death of the the date of termination. Conversion coverage and Subscriber. premium will differ from that available under this plan and continued Membership in the HMO is SUBROGATION contingent upon continued residence in the HMO Service Area. If a Member is injured or becomes ill through the act of a third party, the HMO shall MEMBER GRIEVANCE provide care for such injury or sickness. However the HMO, to the extent of payments Grievance Procedure - Any problem or claim made under its plan or to the extent permitted between a Member and the HMO or between a by law, shall be subrogated to the rights of the Member and a Participating Provider must be Member to claim damages or payment with dealt with through the HMO's grievance respect to the sickness or injury. The Member procedure. Grievances are begun and conducted shall execute and deliver such instruments and according to procedures made available to the papers as may be required and do whatever Subscriber. Such procedures may be revised by else is necessary to secure such rights to the the HMO from time to time. HMO. Arbitration - In the event any dispute arising CONTINUATION OF COVERAGE between the Group, a Subscriber or an eligible Family Member and the HMO or a Participating If a Member becomes ineligible under the Provider is not resolved by the HMO's Grievance HMO, coverage may continue if the Member Procedure, such dispute may be submitted to meets requirements as specified in the arbitration under the appropriate roles of the Consolidated Omnibus Reconciliation Act of Florida Arbitration Act. 1985 (COBRA). G 1670-21-1092 Anthell~ I' ""I ~ -- HEALTH MAINTENANCE ORGANIZATION MENTAL AND NERVOUS DISORDERS BENEFIT (Optional Rider) 3. In any contract year, total benefits provided For an additional contribution, this Rider for any combination of inpatient and partial provides coverage for the medically necessary hospitalization sexvices will be limited to the care and treatment of mental and nexvous cost of 30 days of inpatient fees. disorders as follows: 1. Outpatient sexvices are provided as authorized by the HMO, up to a maximum benefit of $1,000 per contract year. 2. Inpatient sexvices when authorized and directed by the HMO for a maximum benefit of 30 days per year. THE MEMBER WILL BE LIABLE FOR CERTAIN COPAYMENTS TO HEALTH CARE PROVIDERS FOR COVERED SERVICES AS SET FORTH BEWW: Covered Services Copayment Inpatient Sexvices Same as Hospital admission Outpatient Sexvices $20 per visit 07670-23-1092 L4nthenl ,. "'I' '. ,h .' HEALTH MAINTENANCE ORGANIZATION ALCOHOL AND DRUG ABUSE BENEFTI (Optional Rider) 2. Outpatient visits are limited to 44 hours For an additional contribution this rider within a contract year. provides benefits for medically necessary care and treatment of alcoholism and drug 3. The Member is responsible for a $5 dependency provided such treatment is copayment which is payable at each visit. authorized by the HMO. 4. Coverage for detoxification is not provided Benefits under this Rider are limited as under the outpatient program. follows: 1. The lifetime benefit is limited to $2,000. (Includes both inpatient and outpatient services. ) G 7670-25-1092 Li\nthen1. ,. H' " Point-at-Service Provisions Anthem TM .. 'IIt·w ,q 'II I . ~ " ANTHEM'S POINT-OF- SERVICE PROGRAM WHAT IS THE ANTHEM: POINT-OF- HOW DOES THIS PROGRAM BENEFIT AN SERVICE PROGRAM? EMPWYER? Anthem Health Plan of Florida, Inc. has The Point-of-Service Program offers you with developed a logical step in the evolution of easy access to healthcare and simple health care benefits. We have combined the administration. Highlights of this Program are: comprehensive benefits and managed care of a Health Maintenance Organization (HMO) with Security the freedom of choice of a traditional · No risk of adverse selection due to indemnity plan. Anthem Health Plan of employee plan selection. Florida, Inc. and Anthem Life Insurance · Total cross rating of all options in the Company have combined their efforts to Program. provide a flexible, comprehensive, economical health care alternative for their insureds. Access To Medical Care For Employees · Hospitals and physicians participating in the HMO are conveniently located ADVANTAGES OF THE ANTHEM: throughout the area. where your employees POINT-OF-SERVICE PROGRAM reside and/or work. · Easy access to providers encourages Plan cost under Anthem's Point -of Service Members to use the Program wisely and Program is based on the experience of the reduce or eliminate major out-of-pocket employer's entire group. Claims dollars saved expense. in the HMO portion support the more expensive indemnity side of the Program. Simplicity of Administration This cost-sharing serves to control total plan · All options included in single rate. costs. · Single monthly billing for all coverages. · One central claims reimbursement point. . Initially, rates are based on an estimated split between HMO and indemnity WHAT ABOUT THE EMPLOYEES? utilization. . At the end of the plan year, the actual costs of each part of the Point-of-Service Most of the time, Members will want their Program are combined to become the Primary Care Physician (PCP) to manage their Group's total "experience". Rates for the health care. This way, they will have the entire plan year are based on this "total comprehensive benefits and cost saving features experience" as well as the actual of the HMO plan. If, on occasion, a Member enrollment in the Group's plan. chooses to go outside the HMO to obtain services, he or she will be eligible for Out-of-Network indemnity benefits. Members will pay more for the cost of care if they choose to do this, but the choice is theirs. G 7670-2-1092 Anthem 'M .. "HI I·' . ,. ·11' I ~ , " HOW DOES ANTHEM'S POINT -OF-SERVICE PROGRAM WORK? The employer selects, on the HMO side, the The Out-of-Network benefits are administered as level of copayment which the employee will follows: be required to pay each time he visits his Primary Care Physician (PCP). · If a Point-of-SelVice Member receives medical care outside the HMO, he or she The employer also selects an indemnity will be required to pay for the care and schedule of annual deductibles, coinsurance flie a claim with us. and maximum out-of-pocket amounts which the employee will pay when receiving benefits · The charges will be applied to the annual and seIVices outside the HMO. deductible and co-insurance, as detennined by the Schedule of Benefits selected by the Anthem Health Plan of Florida, Inc. has a employer. large network of participating physicians and facilities. At the time of enrollment, each · After the deductible has been met, the Member will select a Primary Care Physician Member will be reimbursed for the (PCP) who will coordinate their health care. appropriate expenses incurred according to A Primary Care Physician is a physician the Schedule of Benefits selected. specializing in family, general practice, internal medicine, pediatrics, and sometimes OPTIONAL BENEFITS obstetrics-gynecology. Female Members over the age of 12 may select an obstetrician- In addition to the standard HMO benefits, there gynecologist in addition to a general practice are several optional benefits available to enhance physician. the Program. These benefit riders are purchased at an additional premium by the employer and A copayment may be required each time include the following: seIVice is rendered through HMO providers. No claim fODDS are associated with the HMO, · Prescription Drug Plans except for emergency seIVices received · Mental and NeIVous Disorders outside the HMO network. In this situation, a · Alcohol and Drug Abuse claim fODD may be required. · Speech and Hearing · Vision Care When a Member receives care through his or · Infertility her Primary Care Physician (PCP), the HMO benefits apply. When a Member prefers not to receive care from the Primary Care Physician (PCP), he or she will have the protection of the Out-of-Network benefits. Anthem o 7670-3-1092 r.. " III ~I "_I' " GENERAL COVERAGE PROVISIONS POLICY EFFECTIVE DATE Insurance for an employee's dependents will not Insurance may become effective on any date become effective before the employee's insurance mutually agreeable to the applicant and the is effective. Company. When the effective date is other than the first day of the month, coverage is STATUTORY INSURANCE REQUIREMENT effective the fmt day of the month following The benefits and provisions described in this the effective date. If the plan is paid for entirely by the applicant, all eligible proposal are subject to modification in order to employees must be enrolled. If the plan comply with statutory insurance requirements. requires contributions from both employees In no event will any benefit or provision in the and the applicant, at least 75 % of the eligible employees must enroll. master policy be more restrictive than those required by any applicable state or federal law . INDIVIDUAL EFFECTIVE DATES ELIGmILITY Group insurance is generally offered to all fulltime employees. New employees usually Employees - All full-time active employees become eligible after a short waiting period, working at least thirty hours a week may be typically one to three months. Depending on insured after they have completed a waiting the plan selected, insurance will become period agreed to by the applicant and the effective either immediately following Company. The waiting period may be waived for completion of the required waiting period or employees actually at work on the plan effective on the first of the month coincident with or date. Eligibility for coverage under the HMO plan next following that date. If an employee is not is limited to those employees and their families actively at work on the date the employee's who reside in the HMO Service Area. insurance would nonnally become effective, the employee's insurance will become effective after returning to the full-time duties of his or her regular occupation. G 7670-9-1092 Anthem 1M to ~.. ' ',1 _ ¡. ~'I ,~ , " GENERAL COVERAGE PROVISIONS (Continued) Dependents - An employee's spouse and COORDINATION OF BENEFITS unmarried children from birth to age 19* are eligible for coverage. Dependent children who This provision coordinates your plan with any are enrolled as full-time students may be other medical plan arranged through any covered up to age 24*, unless they are in employer, trustee, union, association, educational active military selVice, or eligible for institution, or any coverage required by statute or insurance as an employee. When both husband any governmental program. It provides that and wife are employees of the same employer, benefits of this plan may be adjusted to the extent both must be covered as an employee and only necessary so that the total benefits an individual one may insure the children. received from all sources do not exceed 100% of covered charges. Benefits will not be coordinated *Maximum age as applicable to dependent with an individual policy. children, in the master policy, will be as agreed to by the applicant and the Company DEFINITIONS and as may be regulated by state law. Convalescent Facility - A licensed institution Disabled Children - Medical insurance may providing inpatient care and treatment for be continued beyond the maximum age, as individuals convalescing from a sickness or injury specified in the Schedule of Benefits, for under the supervision of a physician and with 24 mentally retarded or physically handicapped hours per day nursing care provided by nurses dependent children who are incapable of self- that are supervised by a full-time Registered sustaining employment. Continuation of Nurse and keeps a daily clinical record of each coverage under these circumstances is patient. Convalescent facility does not include a contingent upon payment of the applicable place primarily for rest, the aged, drug addicts, premium and proof of incapacity submitted to custodial care or educational care. the Company within thirty-one days of the date such dependent's coverage would have Copayment - The amount of payment indicated in otherwise tenninated (within 90 days of the the Schedule of Covered Services which is due effective date of this plan if the child was and payable by the Member to a Provider of care insured under a similar provision of a prior each time services are rendered. The copayment plan). amount is due at the time services are rendered. Anthem 07670-10-1092 TM .. ~III~ .. GENERAL COVERAGE PROVISIONS (Continued) Emergency Care - Bona fide emergency available at all times; (3) Provide 24 hour nursing services provided after the onset of a medical service; (4) Maintain on their premises all the condition (or as soon thereafter as the care can faculties needed for the diagnosis, medical care be made available but which is not later than and treatment of sickness or injury; and (5) have 24 hours after the onset) manifesting itself by organized facilities on their premises for major acute symptoms of sufficient severity, surgery. including severe pain, such that the absence of immediate medical attention could reasonably Also includes any tax supported Institution in the be expected to result in: (1) placing the State of Florida which provides for mental illness, Member's health in serious jeopardy; (2) provided such institution regularly charges non- serious impairment to bodily functions; or (3) indigent patients for such treatment. Does not serious dysfunction of any body organ or part. include an Institution, or that part of an Heart attacks, severe chest pains, Institution, used mainly for: (1) nursing care; (2) cardiovascular accidents, hemorrhaging, rest care; (3) convalescent care; (4) care of the poisoning, major bums, loss of consciousness, aged; (5) custodial care; or (6) educational care. serious breathing difficulties, spinal injuries, shock and other acute conditions as the HMO Medically Necessary - Services or supplies shall detennine are emergencies. received while covered which are determined by the HMO to be: Family Members - Those members of the · Consistent with the symptoms or diagnosis Subscriber's family who meet the eligibility and treatment of the Member's condition, requirements and have been enrolled by the disease, ailment or injury; and Subscriber. · Appropriate with regard to standards of good medical practice; and HMO - Anthem Health Plan of Florida, Inc., · Not solely for the convenience of the a Florida corporation, which will provide or Member, his or her Participating Physician, arrange for Members the covered services that Hospital, or other health care provider; and are described in this proposal. · The most appropriate supply or level of service which can be safely provided to the Home Health Care Agency - A public or Member. When specifically applied to an private agency or organization licensed by the inpatient, it further means that the diagnosis state in which it is located to render home or treatment cannot be safely provided to the health care services. Member as an outpatient. Hospital - An Institution constituted, licensed, Member - Both a Subscriber and his or her and operated as set forth in the laws that apply Family Members for whom a contribution has to Hospitals, which: (1) provide Room and been made. Board and nursing care for their patients; (2) have a staff with one or more Physicians Anthem 07670-11-1092 rM " ... 10>."<1>1" ' ,. GENERAL COVERAGE PROVISIONS (Continued) Participating Provider - A Physician, non-Participating Providers. Each Member must Hospital, Skilled Nursing Facility, Home select or have selected on his or her behalf a Health Care Agency, or any other duly Primary Care Physician. licensed institution or health professional, under contract with the HMO to provide Pre- Existing Condition - A disease or physical Professional and Hospital Services to condition for which medical advice or treatment Members. Covered Services may also be was received by the Member during the 3 months provided be a person the Participating prior to the effective date of the Member's Provider employees for specific services and coverage. who is acting within the scope of his license, certification or qualifications. Reasonable and Customary - Charges are reasonable and customary if they: (1) are Participating Physician - A Physician who, at nonnally charged by the provider for these the time of providing or authorizing services services and supplies; (2) do not exceed the to a Member, has contracted with or on whose amount nonnally charged within the same locale behalf a contract has been entered into with by most providers; and (3) do not exceed the the HMO to provide Professional Services to amount that would have been accepted by the Members. A Participating Physician's provider in the absence of insurance. agreement with the HMO may tenninate, and Consideration is given to the nature and severity a Member may be required to utilize another of the insured's condition and any circumstances Participating Physician. for which additional time, skill or experience are required. Physician - A licensed doctor of medicine or doctor of osteopathy or any other licensed Subscriber - Any employee who has contracted, practitioner of the healing arts rendering or on whose behalf a contract has been entered services which are: (a) covered under the into, with the HMO to provide covered services. policy; (b) for benefits required by Law to be provided when rendered by such practitioner; Totally Disabled or Total Disability - and (c) within the scope of his or her license. Disabilities resulting from accidental bodily injury Physician does not include the insured, the or sickness which requires the employee or insured's dependents or the insured's parents dependent to be under the care of a physician and or in-laws. prevents him/her from engaging in any business or occupation for compensation or profit and, Primary Care Physician - A Participating with respect to the medical insurance, prevents Physician who provides primary care services engaging in substantially all the nonnal activities to Members (e.g., general or family of a healthy person of like age and sex. practitioner, internist, pediatrician, or obstetriciangynecologist) and is responsible for referrals of Members to Specialty Referral Physicians or other Participating Providers, and if necessary, Anthem o 7670-12-1092 fM " 0.. II·,,'"'' ,', , " HEALTH MAINTENANCE ORGANIZATION BENEFIT DESCRIPTION Covered services include the following: Each Member is entitled to receive certain covered primary medical services from . Inpatient hospital services including, but not Primary Care Physicians who coordinate the limited to, semi-private room and board Professional Services and Hospital Services (private room when Medically Necessary) received by the Member from other for an unlimited number of days, use of Participating Providers. A Member selects a operating room and related facilities, use of Primary Care Physician from the list of intensive care and cardiac care units, general Primary Care Physicians participating in the nursing care, X-ray services, laboratory and HMO. If a Member receives services through other diagnostic tests, drugs, medications, other than his/her Primary Care Physician or anesthesia and oxygen services, short-tenn if such services are not authorized by the physical therapy, short tenn speech and Primary Care Physician, such services will not occupational therapy, radiation therapy, be covered except in the case of an inhalation therapy, chemotherapy, blood and emergency. If a Member, upon referral by a blood plasma and its administration. Primary Care Physician, uses the services of a Participating Provider, or other health · Outpatient hospital services including professional, who is a licensed psychologist, diagnostic services, radiation therapy and physical therapist, clinical social worker, chemotherapy, X-rays, outpatient surgery occupational therapist, speech pathologist or and short tenn rehabilitative services. audiologist, and payment for such services would have been made if such services had · Physician and surgeon services including been perfonned by the Participating Physician, health education, periodic physical such services will be treated as if they had examinations and health examinations, eye been furnished by a Participating Physician for examinations, well child care, pediatric and the purpose of detennining benefits. adult immunizations and injections. Chiropractic and podiatric services may be Surgical and obstetrical procedures including obtained by a Member without referral from · the Primary Care Physician. However, the services of an anesthetist or anesthesiologist. member must select an in-plan provider and contact Utilization Management. · Laboratory procedures and X-ray examinations. COVERED SERVICES · Home health care including, as necessary, Covered services are those medical, surgical, house calls by a physician or registered diagnostic, therapeutic and preventive nurse as well as other professionals services, which are generally and customarily provided by a Home Health Care Agency, provided in the area, are Medically Necessary when ordered by the Primary Care And Which Are Perfonned, Prescribed, Physician. Directed Or Authorized By The Prinuuy Care Physician. G 7670-13-1092 Anthem TM .. ~" 'II I ., HEALTH MAINTENANCE ORGANIZATION (Continued) · Hospice care including, as necessary EMERGENCY CARE SERVICES inpatient and outpatient visits by a physician or members of a team of trained A medical emergency is defined as a sudden or medical personnel, homemakers and unexpected onset of a condition which, if not counselors. Bereavement counseling is immediately treated, would cause complications limited to 6 sessions. and jeopardize the patient's recovery. Heart attacks, cerebrovascular accidents (strokes), · Short-term rehabilitation services. poisonings, loss of consciousness, convulsions, hemorrhaging, major bums, serious breathing · Family planning services, excluding in difficulties, spinal injuries and shock are vitro fertilization and embryo transplant. considered to be medical emergencies. Similar conditions may also be determined by a Primary · Ambulance services. Care Physician to be medical emergencies. · Elective abortions. EMERGENCY CARE SERVICES WITIllÑ THE SERVICE AREA · Prosthetic devices and corrective appliances. Limited to initial appliance Medical Care Availability and Notification- only, except when due to body growth of Medical care is available through the Primary a child, if approved by the HMO. Care Physician 7 days a week, 24 hours a day. If Emergency Care Services are required, the · Durable medical equipment. The HMO Member must notify and obtain authorization for reserves the right to determine whether to treatment from his/her Primary Care Physician rent, purchase or repair such equipment. prior to treatment if he/she is unable to utilize a Participating Provider. Except as shown below, · Oral surgical procedures limited to those services will not be covered by the HMO unless required in connection with the following: they are provided or authorized by a Primary an accidental injury to sound natural Care Physician. teeth, the jaw bones, or surrounding tissue; the correction of a non-dental physiological condition which has resulted in a severe functional impainnent, and treatment for tumors and cysts requiring pathological examination of the jaws, cheeks, lips, tongue, roof and floor of the mouth. G 7670-14-1092 Anthem TM - "'I.' " HEALTH MAINTENANCE ORGANIZATION (Continued) unexpectedly; elective or specialized care required Non-Participating Providers - If the Member as a result of circumstances which could is unable to contact the Primary Care reasonably have been foreseen prior to departure Physician due to shock or unconsciousness, from the Service Area is not covered by the and immediate emergency treatment is HMO. For example, normal term child-birth necessary, such Emergency Care Services outside the Service Area is not covered. provided by a non-Participating Provider will However, complications of pregnancy or be covered. However, the Member must, at unexpected delivery are covered outside the the earliest possible time, notify his Primary Service Area. Care Physician to receive authorization for care. Services from non-Participating LIMITATIONS Providers are covered by the HMO only until such time as the Member can, without Circumstances Beyond HMO Control - If, due medically harmful or injurious consequences, to circumstances beyond the HMO's control, utilize the services of a Participating Provider. Participating Providers are unable to provide required services in a timely manner, the HMO EMERGENCY SERVICES OUTSIDE will make a good-faith effort to arrange for an THE SERVICE AREA alternative method of providing such coverage. However, the HMO and Participating Providers Medical Care and Notification - If a Member shall incur no liability or obligation for delay, or is outside the Service Area and requires failure to provide or arrange for services if such Emergency Care Services due to an injury or failure or delay is caused by circumstances illness, benefits will be provided based on beyond their control. Usual, Customary and Reasonable Charges for professional care in the area and subject to Workers' Compensation - Although health any required copayment. The Primary Care services are available from the HMO, the Physician or HMO must be notified within 24 HMO is not fmancially responsible for the cost of hours of the receipt of such treatment or as Covered Services to the extent benefits are soon thereafter as the Member becomes lucid payable under any workers' compensation or and able to communicate. employer's liability law or similar legislation. Follow-Up Care - Follow-up care or Pre- Existing Conditions - Benefits in connection treatment is limited to care required before the with any Pre-Existing Condition are limited to Member can, without medically harmful or $1,000 during an Initial Period of Coverage. An injurious consequences, return to the Service Initial Period of Coverage is the shorter of: Area. Out-of-Area services are limited to situations in which care is required immediately and Anthem G 7670-15-1092 1M " !<u. " HEALTH MAINTENANCE ORGANIZATION (Continued) Pre-Existing Conditions (Continued) a. three consecutive months ending while the · Non-medicaVrehabilitative services except as Member is covered under the Program may otherwise be provided elsewhere in this and during which no medical services for proposal. the condition were received; or · Personal or comfort items and private rooms unless Medically Necessary. b. twelve consecutive months during which · Contact or corrective lenses and eyeglasses, the Member has been continuously except as specifically provided by the Vision covered under the Program; or Benefit Rider. · Services or treatment of mental retardation, c. the period of time for which the Member mental and nervous disorders or other mental would have continued to be subject to a health services except as specifically provided Pre-Existing Condition limitation under by the Mental Health Benefit Rider. another plan providing at least basic health · All drugs for outpatient use except as care services or benefits in which the specifically provided by the Prescription Member was enrolled through the Drug Benefit Rider. Policyholder immediately prior to the · Experimental services. effective date of coverage under this · In Vitro Fertilization except as specifically Program. provided by the Infertility Benefit Rider. · Care in connection with military service EXCLUSIONS disabilities and conditions for which the Member is entitled to services in a military Except as specifically provided, the following hospital unless pre-authorized by HMO. services and benefits are excluded from · Public facility services. coverage under this plan: · Non-Medically Necessary Services. · Maternity services related to a Member's · Services of Non-Participating Providers. serving in the capacity of a surrogate mother. · Cosmetic surgery done primarily to improve the appearance of any portion of · Radial Keratotomy or any surgical procedure the body, and from which no for the improvement of vision when vision improvement in bodily function could be can be made adequate through the use of reasonably expected. glasses or contact lenses. · Sex transfonnation. · Ambulance Service, unless medically · Services to reverse voluntarily induced necessary . infertility . · Speech and Hearing Treatment, except as · Dental Care. specifically provided by the Speech and · Custodial or Domiciliary Care. Hearing Benefit Rider. · Non-Eligible institutional services. Anthem G 7670-16-1092 TM .. ~" .. HEALTH MAINTENANCE ORGANIZATION (Continued) Pre-Existing Conditions (Continued) a. three consecutive months ending while the · Non-medical/rehabilitative services except as Member is covered under the plan and may otherwise be provided elsewhere in this during which no medical services for the proposal. condition were received; or · Personal or comfort items and private rooms unless Medically Necessary. b. the end of six consecutive months during · Contact or corrective lenses and eyeglasses, which the employee has been continuously except as specifically provided by the Vision insured and actively at work; or Benefit Rider. · Services or treatment of mental retardation, c. twelve consecutive months during which mental and nervous disorders or other mental the Member has been continuously health services except as specifically provided covered under the plan; or by the Mental Health Benefit Rider. · All drugs for outpatient use except as d. the period of time for which the Member specifically provided by the Prescription would have continued to be subject to a Drug Benefit Rider. Pre-Existing Condition limitation under · Experimental services. another plan providing at least basic health · In Vitro Fertilization except as specifically care services or benefits in which the provided by the In Vitro Fertilization Benefit Member was enrolled through the Rider. Policyholder immediately prior to the · Care in connection with military service effective date of coverage under this plan. disabilities and conditions for which the Member is entitled to services in a military EXCLUSIONS hospital unless pre-authorized by HMO. · Public facility services. Except as specifically provided, the following · Non-Medically Necessary Services. services and benefits are excluded from · Maternity services related to a Member's coverage under this plan: serving in the capacity of a surrogate mother. · Services of Non-Participating Providers. · Radial Keratotomy or any surgical procedure · Cosmetic surgery done primarily to for the improvement of vision when vision improve the appearance of any portion of can be made adequate through the use of the body, and from which no glasses or contact lenses. improvement in bodily function could be · Ambulance Service, unless medically reasonably expected. necessary . · Sex transformation. · Speech and Hearing Treatment, except as · Services to reverse voluntarily induced specifically provided by the Speech and infertility . Hearing Benefit Rider. · Dental Care. · Custodial or Domiciliary Care. · Non-Eligible institutional services. G 7670-17-1092(3/6/12) Anthem TM " .'" II. I ~ , .. HEALTH MAINTENANCE ORGANIZATION (Continued) Exclusions (Continued) . Medical, mental or other services required by Area, except when the delivery is unexpected a third party including, but not limited to, and/or a complication of the pregnancy. court-ordered mental health services and · Infertility will be excluded except as court-ordered drug rehabilitation, unless otherwise covered under an attached determined by a Participating Provider to be Infertility Benefit Rider. Medically Necessary; Federal Aviation Agency · All Non-Prescription Drugs and exams required for pilots' licenses; and insurance or employment physical exams. A investigational and experimental drugs and child's required physical examination for devices. school and sports is a Covered Service.. · Prosthetic Medical Equipment as follows: Gastric Stapling, Gastric Bypass, Gastric dentures; hearing aids; corrective lenses; eye Segmentation. glasses; contact lenses (except as specifically · No payment will be made for Outpatient stated elsewhere in this Certificate); non-rigid Services received in Federal facilities or for appliances and supplies (i.e. elastic stockings, any items or services provided in any garter belts, arch supports); corsets; institutions operated by any state government corrective (orthopedic) shoes; items which or agency when Member has no legal are investigational or research devices; obligation to pay for such items or services, or devices deemed exclusively to remedy sexual charges made only because coverage exists. dysfunction, except devices deemed · Public Facility Services, including care for conditions that federal, state or local law Medically Necessary by the Participating requires to be treated in a public facility, for Physician to repair physical functions lost as which a Member has no legal obligation to a result of physiological disorder or payor charges made only because coverage accidental injury; and the replacement, exists (subject to the right, if any, of the repair, or routine periodic maintenance of United States government to recover covered external prosthetic medical reasonable and customary charges for care appliances described, except replacement provided in a military or veterans' hospital.) necessitated for the nonnaI anatomical growth · Services which are paid or payable under of the person wearing the prosthesis. Workers' Compensation or any Occupational . Weight control programs and food Disease or similar law whether such benefits supplements. are insured or self-insured; or which are . Broken Appointments including any charge incurred due to a Sickness or injury which is imposed by a provider's office to the caused or connected in any way to, employment of the Member. Member for broken appointments. Members · Routine Foot Care. must call 24 hours prior to the time of · Experimental organ transplants are excluded. schedule appointment to cancel that · All costs associated with the delivery and appointment. Failure to do so may result in a neonatal care resulting from a normal term broken appointment charge by the provider. childbirth which occurs outside the Service The charge will not be paid by the HMO. This charge may be waived upon proof to the HMO that inability to keep the 07670-18-1092 appointment was not under the control of the Member. Anthem 1M " ... 'II ';.;1>1 I ' ,. IlEAL TH MAINTENANCE ORGANIZATION (Continued) Exclusions (Continued) . Non-Medical/Rehabilitative Substance . Other Services, including any services or Abuse Services, except as otherwise supplies not specifically listed in this provided here in or attached rider, non- Certificate as covered benefits, services or medical ancillary services and long-tenn supplies. rehabilitative services for the treatment of . Alcohol and Drug Abuse Services except as alcoholism or drug abuse, including specifically provided by the Alcoholism and rehabilitation services in a specialized Drug Dependency Benefit Rider. inpatient or residential facility. . Services for medical care resulting from an Injury acquired during: (a) the act of committing or attempting to commit an assault or felony; or (2) participating in a riot, civil disturbance or insurrection. Anthem 'M G 7670-19-1092 " '0. ., HEALTH MAINTENANCE ORGANIZATION PROVISIONS GROUP ENROLLMENT AGREEMENT 4. If a Member knowingly causes or allows AND GROUP HEALTH MAINTENANCE incorrect or incomplete infonnation to be CERTIFICATE furnished to the HM:O which constitutes a material misrepresentation, the coverage of The Group Master Application and Enrollment the Member who furnished such infonnation Application and Physician Selection Fonn or on whose behalf such infonnation was completed by the Members; and the Group furnished, may be tenninated upon 31 days Master Contract, including the Certificate of written notice. Coverage and any Riders or Endorsements, 5. If a Member conducts himself/herself in constitute the entire Agreement between the parties. ways detrimental to safe operation of HM:O and the delivery of its seIVices, his/her Transfer Outside HMO Service Area - If an coverage may be terminated upon 31 days individual moves outside the HM:O SeIVice written notice. Area or the HM:O tenninates, he or she will continue to be covered under the indemnity 6. If a Member fails to cooperate in HM:O plan. administration of the Double Coverage, Coordination of Benefits or Subrogation TERMINATION provisions, coverage may be tenninated. Subject to the Member's right to continue 7. If the Subscriber or Family Member has left coverage or convert, coverage may be the geographic area of the HM:O with the tenninated for the following reasons: intent to relocate or establish a new residence outside the organization's 1. In the event any Member fails to pay any geographic area, coverage shall tenninate for required Copayment, coverage will the Member upon 31 days written notice. tenninate for the Member upon 31 days 8. Subject to the CONVERSION PRIVILEGE written notice. provision, a Member's coverage under this 2. If the Member pennits the use of his or her Certificate will terminate on the effective HM:O identification card by any other date of termination by HM:O, of the Group person, or uses another person's card, the Master Contract. A Member's coverage shall card may be retained by the HM:O, and also tenninate on the effective date of coverage of the Member may be tenninated tennination of the Group Master Contract, upon 31 days written notice. by Group. In this event, there is no Conversion Privilege available to the 3. If, after reasonable efforts, a Primary Care Member. Physician is unable to establish or maintain a satisfactory Physician-patient relationship with a Member, coverage of the Member may be tenninated upon 31 days written notice. G 7670-20-1092 Anthem TM .. ..In " . " HEALTH MAINTENANCE ORGANIZATION CONVERSION (Continued) If the coverage of any Member tenninates for any Termination (Continued) reason other than for those reasons cited in items 1 through 7 in the Tenninaûon section of this 9. Subject to the CONTINUATION OF proposal, and if the Member has been COVERAGE and CONVERSION continuously covered under this Program or PRIVll..EGE provisions, the coverage of another health maintenance organizaûon providing any Member who ceases to be eligible similar benefits which was replaced by this shall terminate as of the date on which Program, such Member may convert to individual eligibility ceased. This paragraph also coverage without evidence of insurability. applies to any Family Member of a Application for conversion coverage, together Subscriber who has lost his eligibility as a with the necessary premium payments, must be Member of the Group, for whatever submitted to the HMO within 31 days following reason, including the death of the the date of termination. Conversion coverage and Subscriber. premium will differ from that available under this plan and continued Membership in the HMO is SUBROGATION contingent upon continued residence in the HMO Service Area. If a Member is injured or becomes ill through the act of a third party, the HMO shall :MEMBER GRIEVANCE provide care for such injury or sickness. However the HMO, to the extent of payments Grievance Procedure - Any problem or claim made under its plan or to the extent permitted between a Member and the HMO or between a by law, shall be subrogated to the rights of the Member and a Participating Provider must be Member to claim damages or payment with dealt with through the HMO's grievance respect to the sickness or injury. The Member procedure. Grievances are begun and conducted shall execute and deliver such instruments and according to procedures made available to the papers as may be required and do whatever Subscriber. Such procedures may be revised by else is necessary to secure such rights to the the HMO from time to time. HMO. Arbitration - In the event any dispute arising CONTINUATION OF COVERAGE between the Group, a Subscriber or an eligible Family Member and the HMO or a Participating If a Member becomes ineligible under the Provider is not resolved by the HMO's Grievance HMO, coverage may continue if the Member Procedure, such dispute may be submitted to meets requirements as specified in the arbitration under the appropriate roles of the Consolidated Omnibus Reconciliation Act of Florida Arbitration Act. 1985 (COBRA). G 7670-21-1092 Anthem TM .. ~.. 111'''<1'' I " HEALTH MAINTENANCE ORGANIZATION MENTAL AND NERVOUS DISORDERS BENEFIT (Optional Rider) 3. In any contract year, total benefits provided For an additional contribution, this Rider for any combination of inpatient and partial provides coverage for the medically necessary hospitalization services will be limited to the care and treatment of mental and nervous cost of 30 days of inpatient fees. disorders as follows: 1. Outpatient services are provided as authorized by the HMO, up to a maximum benefit of $1,000 per contract year. 2. Inpatient services when authorized and directed by the HMO for a maximum benefit of 30 days per year. THE MEMBER WILL BE LIABLE FOR CERTAIN COPAYMENTS TO HEALTH CARE PROVIDERS FOR COVERED SERVICES AS SET FORTH BEWW: Covered Services Copayment Inpatient Services Same as Hospital admission Outpatient Services $20 per visit G 7670-23-1092 Anthem TM .. "HI 1·1",'1>' . , .. HEALTH MAINTENANCE ORGANIZATION ALCOHOL AND DRUG ABUSE BENEFIT (Optional Rider) 2. Outpatient visits are limited to 44 hours For an additional contribution this rider within a contract year. provides benefits for medically necessary care and treatment of alcoholism and drug 3. The Member is responsible for a $5 dependency provided such treatment is copayment which is payable at each visit. authorized by the HMO. 4. Coverage for detoxification is not provided Benefits under this Rider are limited as under the outpatient program. follows: 1. The lifetime benefit is limited to $2,000. (Includes both inpatient and outpatient services. ) Anthem G 7670-25-1092 TM .. filII . , ,. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~( ~q SUBJECT: AGENDA ITEM" - MEETING OF DECEMBER 14 199 AMENDMENT TO LICENSE AGREEMENT WITH ISAN CHARTERS. INC. DATE: December 10, 1993 We have received a request from Captain Dane L. Mark, ISAN Charter, Inc. requesting a modification to Articles 1.01, "Term" and 5.04, "Minimum Days of Operation" of the license agreement. He is requesting a seven year extension of the agreement in order to facilitate refinancing of the Ramblin Rose Riverboat. Additionally, he is requesting authorization to travel to more lucrative markets between June 1st through September 15th. Both of these requests have been incorporated into the amendment. Additionally, the agreement includes provisions for the renegotiation of the rental fee for years 11 through 17 and that the City may license with another boat operator for use of the dock at Veterans Park during Captain Mark's absence. Recommend approval of the amendment to the license agreement with ISAN Charter, Inc. 5-0 " ,. Cln" RTTiJR~.JEY 'S iJFFICE TEL Ho. 407 278 4755 Dee 10,93 12:53 P.02 . [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE :'0(1 NW 1sl AVH;I.iE . UU,RAY BEACH, FLCIC;)A o',~,,~ FA CSIl\: ILF. 4[)7/n::;-~ 7~5 Wr~t.~'e D~~_ct Lina (407) 243-7090 MEMORANDUM Date; Decernber 10, 1993 To: City Commission AssistantC!ty Attorne~ Frorn; David N. Tolces, Subject; Amendment to LIcense Agreement Between City and ISAN ~hðrters{ Inc. --.--.............-- Before you is an amendment to the existing License Agreement between the City and ISAN Charters. Captain Dane Mark requested Lwo modifIcatIons to the existing license. First, he requested a sev~n year extension. Second, he requested th~t he be granted (1n option to not operate from June 1st through Septemb~, 15th in the event he desired to take his boat up norlh in the summer. The amendment contains both of his requests. The License Ag:ceement, if amended, will be ð 17-year agreement, due to expire on November 21, 2008. The amendment also gives Captain Mark. his option to vacate the park from June 1st through September 15th if he provides notice prior to May 1st. During the time he is absent, the City will receive its monthly rental fee. In return for t.he extension, the City and Captain Mark shall renegotiate the rental fee for years 11 throw¡h 17 no la tel' than 60 days prior to the expiration of the tenth year. Failure to reach an agreement on the fee could result in termination of the license. Finally, the amendment also proposes that the City may license with another boat operator for the time Captain Mark's boat lS not docked at Veteran's Park. This would allow for the contin- uation of an excursion boat even if captain Mark's boat. goes up north. ,. dO' .. CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Dee lCI,93 12:54 P.03 . . . city Commission Pecember 10, 1993 Page 2 Consideration of these items should take place prior to approval of the amendment, Please contact my office if you have any questions. : DNT: sh Attachment çç; David Harden, City Manager Cheryl Levertt, Executive Assistant Joseph Weldon, Director of parks and Recreation ilS..n.dn~ '.' '--..., ...... ., CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Dee 10,93 12:54 F'.04 . - 1 ; AMENDMEN'I' NO. 1 TO LICENSE AGREEMENT BETWEEN i ISAN CHARTERS, INC. AND CITY OF DELRAY BEACH, FLORIDA I THIS AM~NDMENTi to the License Agreement of November 21, I i I 1991, is entered into by and between the CITY OF DELRAY BEACH I ("City") and ISAN CHARTERS, INC. (ttLicensee") on this day of , 1993. WIT N E SSE T H: WHEREAS, the City and Licensee mutually covenant and agree to amend and modify the License Agreement entered into on November 12, 1991; and WHEREAS, the parties desire to extend the License Agreement for an additional seven (7) years; and WHBRBAS, the parties agree to modify the agreement to grant thã-bicensee an option to not operate from Veteran's Park trom June 1st through September 15th; NOW, THEREFOR!!:, in consIderation of the mutual covenants stipulations and agreements herein contained the parties agree 808 follows; 1. The recitations referred to above are hereby incorporated herein. 2. That Section 1.01, II Term II , of the License Aqreement is amended to read as follows: The City hereby licenses to Licensee for a term of seven- teen (17) years beginning on the date of the City's receipt of the Notice of Commencement of the cruise ship opera.tion as further described in paragraph 5.02 of this Agreement, the '. CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Dee 10,93 12:55 F'. OS' , . .1 \ premi5es described in Article 3.01 hereof for the operation of a cruise boat and re5taurant operation as described in Para- I graph 1. 02. The date of commencement is February 1, 1993. 3. That section 5.04, "Minimum Days of Operation"t of the License Agreem@nt is amended to read as follows: ( a) It is desired that the vessel be operated at least four (4) daYB a week from May 1 through January 19 and six (6 ) days a week during the period of January 20th through May 1st weather permitting, and excepting periods required for vacation6, maintenance and general repair of the excursion vessel. Licen6ee shall give notice to the City Manager on any occasion when it is anticipated that the vessel will not be operated for live (5) consecutive daY5. (b) The Licensee shall have the option to vacate the dock area from June 1st through September 15th. If Licensee -.....~ desires to vacate the dock area during that time, Licensee shall provide written notice to the City no later than May 1st. (0) If the Licensee notifies the City of its decision to not operate from June 1st to september 15th, the City has the right to enter into license agreements with other excursion boat operator6 who desire to operate from Veteran t s Park from June 1st through September 15th. 4. That Section 4.01, "Monthly Payment", of the License Agreement 1s amended to read as follows: During the first five (5) years of this Liçense Agreement, Licensee shall pay the city an annual payment of $8,400.00 payable in equal monthly payments of $700.00 per month. In .. ,. CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Dee 10,93 12:55 P. (If:;, . - . ì year8 6 through 10 of this Agreement, Licensee shall pay the City an annual payment of $12,000.00 payable in annual monthly payments of $1,000.00 per month. The parties agree to negotiate the monthly fee for years 11 through 17 no later than 60 daY6 prior to the expiration date of the tenth year of this agreement. If the parties are unable to ð9ree to a revised monthly fee, either party may terminate this License Agreement. The monthly payment shall be made without billing on the first of the month following the day of the notice of commencement as required in Paragraph 5.02 and on the first of each month thereafter. 5. That all other terms a.nd conditions of the License Agreement dated Novem):)er 21, 1991 not in conflict with this Amendment shall remain in full force and effect, and are incorporated herein. -- IN WITNESS WHEREOF t the parties hereto have set their hands the da.y and year above first written. WITNESS: ISAN CHARTERS, INC. By: (Print or Type Name) (Print or Type Name) ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk MAY 0 R Approved as to Form and Legal Sufficiency: City Attorney han. &it '. ," ,. 1102/93 To: City Clerk I1M1111' 18S1 trz/1 for It/7 /93 Agenda To: Susan Ruby: Please BIIIIIOIT prepare license amendment, also your comments and recommendation. Thanks. (sk for DTH). 801 4TJ.AJlTIC EAST IDIUR BELRAY BElICH, FLORIDA 33483 (407) 243-0888 '-9~, . 'n FAX (407)243-4069 {}j ~ '-~/i.. }- ~ / .~"" "'1~ _9 () November 19, 1993 ~~ ~ <), ~ ,f 0':' David '/). Mr. Harden f./ City Manager, Delray Beach 100 N.W. 1st Ave. Delray Beach, FL 33444 Dear Mr. Harden, Would you please put me on your aganda for the next available city commission meeting. Please let this letter serve as formal written request for amending Article 1 .01 and Article 5.04 of the license agreement batween Ramblin' Rose Riverboat Inc. and the City of Dalray Beach. Article 1 .01 TERM: I wish to acquire long term re-financing with present day low interest rates for my vessel. To facilitate this move, I am requesting an additional seven ( 7 ) years be added to tha agreement. Article 5.04 MINIMUM DAYS OF OPERATION: Last year several - companies who reserved with the Ramblin' Rose cancelled In order to send relieF money to the victims of Hurricane Andrew. Last ..January broke all records for rain in south Florida and March was dealt with the "Storm of the Century" which cancelled several trips due to hi9h winds and overcast. Unfortunately this lost income can never be re-covered through the traditionally long, slow, hot months of summer. I thereFora request the license agreement allow for the OPTION To travel to mor2 northern lucrative markets between ..June 1st through September 15th plus travel time. He-location wi 11 ba an inconvenience for everyone concerned, howevar a necessary OPTION. Rent money due as per agraement will not change. Thank you for your consideration. !?2~~ (!Iµ~ Pr2sident DLM: lam " " . .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i qi:: - MEETING OF DECEMBER 14. 1993 RESOLUTION NO. 107-93 DATE: December 10, 1993 At the November 23rd regular meeting, the Mayor suggested that this item be continued as negotiations with the a property owner were still in process. This is a resolution authorizing the execution of an Interlocal Agreement with Palm Beach County to provide for the annexation of Enclaves pursuant to Section 171.046, Florida Statutes. Section 163.01, Florida Statutes, authorizes local governments to make efficient use of their powers to provide services and facilities that will harmonize geographic, economic and population factors to influence the needs and development of local communities. Given legislative changes, we are able to proceed with the annexation of eight ( 8) separate enclaves consisting of eighteen ( 18) parcels in thirteen ( 13) different ownerships. The attached information shows all of our annexation areas and identifies those which are eligible for annexation under the ELMS-III legislation. All of these parcels are located along North Federal Highway. Please note that three very small parcels remain in the County's jurisdiction since there is no Delray Beach boundary to their north. Also attached is the Intergovernmental Agreement. A similar Intergovernmental Agreement has been entered into by the County and the Town of Jupiter with the BOCC action occurring on November 16th. Riviera Beach has a similar agreement pending BOCC consideration. Upon approval of the Intergovernmental Agreement by the County, it will be necessary to process individual small scale amendments to the Comprehensive Plan and to affix zoning (GC) to the individual parcels. Recommend approval of Resolution No. 107-931 authorizing the execution of an Interlocal Agreement with Palm Beach County 1 and authorizing the Mayor to entertain and approve minor modifications to the Agreement as may be requested, or required, by the Board of County Commissioners. ~- ~ ¡/1I/9Lf ,. " . RESOLUTION NO. 107-93 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY PROVIDING FOR THE ANNEXATION OF ENCLAVES PURSUANT TO SECTION 171.046, FLORIDA STATUTES. WHEREAS, Section 163.01 Fla. Stat., (1991), known as the "Florida Interlocal Cooperation Act ofl969";" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and developments of local communities; WHEREAS, the Florida Interlocal Cooperation Act of 1969 permits public agencies as defined therein to enter into interlocal agreements with each other jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; WHEREAS, Section 18 of Chapter 93-206, Laws of Florida, created Section 171.046, Fla. Stat., which provides for the annexation of certain enclaves --pursuant to interlocal agreements between a municipality and the county which has jurisdiction Over such enclaves; I WHEREAS, Section 171.046, Fla. Stat. ,limits annexation by such interlocal agreements to enclaves-c)f ten (10) acres or less in size; WHEREAS, Section 17l.03l(13)(a) and (b), Fla. Stat., as amended by Chapter 93-206, Laws of Florida, defines enclaves--as developed or improved property bounded on all sides by a single municipal! ty, or bounded by a single municipality and by a natural or man-made obstacle that allows passage of vehicular traffic to that unin::orporated area only through the municipality; WHEREAS, Palm Beach County and the City of Delray Beach have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; WHEREAS, the County and the City have determined that the parcels to be annexed pursuant to this interlocal agreement are improved property based upon the availability of water and sewer systems; the availability and access to public right-of-way; that the lots have previously been cleared; and that the lots have been subdivided as shown on recorded or unrecorded plats; WHEREAS, it has been determined by the City that the parcels to be annexed via this interlocal agreement meet the requirements set out in Section l7l.03l(13){a) and (b), Fla. Stat. and 171.046, as such enclaves are developed or improved, are lUs thãñ ten (10) acres and size, and are completely surrounded by the City or are surrounded by the City and a natural or man-made obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified herein are within the City's future annexation area as set forth in the adopted Comprehensive Plan for the City of Delray Beach. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA THAT: Section 1. The Mayor is hereby authorized and directed to execute an interlocal agreement {attached hereto and incorporated herein as ~. ;-'11 " . t Exhibit. itA ") with Palm Beach County on behal f of the City of Delray Beach. Section 2. Upon execution of the interlocal agreement, the City Clerk is hereby directed and authorized to transmit sufficient copies of same to the appropriate offices of Palm Beach County for Palm Beach County's consideration of execution of the Intergovernmental Agreement and thereafter the execution thereof. Section 3. This Resolution shall take effect upon adoption. MAY 0 R ATTEST: City Clerk DJI</171..DOC ! I 2 Res. No. '" ''''II .. INTERLOCAL AGREEMENT Interlocal Agreement between PALM BEACH COUNTY, a political subdivision of the State of Florida and the CITY OF DELRAY BEACH providing for annexation of enclaves pursuant to Section 171.046, Fla. Stat.. THIS INTERLOCAL AGREEMENT is made this day of , 1993 between the CITY OF DELRAY BEACH, a municipality located in Palm Beach County, Florida, hereinafter referred to as "CITY" and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WHEREAS, Section 163.01, Florida statutes (1991), known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the mo&t efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, The Florida Interlocal Cooperation Act of 1969 permits public agencies as defined therein to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Section 18 of Chapter 93-206 9f the Laws of Florida created Section 171.046, Fla. Stat./ providing for annexation of certain enclaves by entering into an Interlocal Agreement between the Municipality and the County having jurisdiction over such enclave; and WHEREAS, Section 171.046, Fla. Stat., limits annexation by Interlocal Agreement to enclaves of ten (10) acres or less in size; and WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by Chapter 93-206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipali ty, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic, to that unincorporated area only through the municipality; and WHEREAS, the County and the City have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; and If ,.OJ; " WHEREAS, the County and the City have determined that the parcels to be annexed pursuant to this Interlocal Agreement are improved properties based upon the availability of water and sewer systems¡ the availability and access to a public right-of-way; that the lots have previously been cleared; and that the lots have been subdivided in recorded or unrecorded plats; and WHEREAS, it has been determined by the City and by the County that the parcels to be annexed via this Interlocal Agreement meet the requirements set out in Section 171.031(13)(a) and (b) and 171.046, Fla. Stat., as such enclaves are developed or are improved, are less than ten (10) acres in size and are completely surrounded by the city or are surrounded by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified for annexation in this Interlocal Agreement are in the City's future annexation areas set forth in the adopted Comprehensive Plan of the City of Delray Beach; and WHEREAS, the County and the City agree that the parcels to be annexed via this Interlocal Agreement are subject to the Land Use Atlas of the Palm Beach County Comprehensive Plan and County zoning and subdivision regulations until the City adopts a comprehensive plan amendment to formally include said parcels in its adopted Comprehensive Plan and to formally affix a zoning designation thereto. NOW THEREFORE, in consideration o~ the mutual representations, terms, and covenants hereinaft~r set for~h, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to allow annexation by the City of certain unincorporated enclaves which are identified in Exhibit A which is attached hereto and made a part hereof. Section 2. Definitions The following definitions shall apply to this Agreement: 1. The term "enclave" shall be defined as set forth in Section 171.031(13)(a) and (b), Fla. Stat. as adopted by the Legislature in Chapter 93-206, Section 15, Laws of Florida. "Act" means Part I of Chapter 163, Florida Statutes. "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms thereof. - 2 - " "u. ,. Section 3. Annexation The unincorporated enclaves identified in Exhibit "A", which is attached hereto and made a part hereof, are hereby annexed into and are included in the corporate boundaries of the city of Delray Beach. Section 4. Effective Date This Agreement shall take effect upon execution by both parties. Section 5. Filing Upon execution by both parties, a copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 6. Notification The City hereby acknowledges that, it has/will prior to consideration of this Agreement by the Board of County Commissioners, provide written notice to all owners of real property located in the enclaves identified in Exhibit "A" whose names and addresses are known by reference to the latest published ad valorem tax records of the Palm County Property Appraiser. The written notice, shall describe the purpose of the Interlocal Agreement and shall state the date, time and place of the meetings of the Board of County Commissioners of Palm Beach County where this Interlocal Agreement shall be considered for adoption. I I I Section 7. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 9. Severability In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 10. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. - 3 - .. .. . CITY OF DELRAY BEACH, FLORIDA PALM BEACH COUNTY By: Thomas E. Lynch, Mayor ATTEST: ATTEST: City Clerk Approved as to Form: Approved as to Form: City Attorney County Attorney DJK/ILA.DOC / I - 4 - '. '",," .. '"'J( v ¡. '/1-- '1 i C I T Y COM MIS S ION DOC U MEN TAT ION TO: D T. HARDEN, CITY MANAGER FROM: D~*~I~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 23, 1993 ANNEXATION OF SMALL ENCLAVES, NORTH FEDERAL HIGHWAY ACTION REQUESTED OF THE COMMISSION: The action requested of the, City Commission is that of approval of an Interlocal Agreement through which certain enclaves along North Federal Highway will be annexed into the City of Delray Beach. The Board of County Commissioner's action is also required in order to consummate this item. B A C K G R 0 U N D: The City of Delray Beach has established an annexation program in its Comprehensive Plan. As much of the annexation that could be effectively implemented under the previous annexation law (i.e~ prior to the ELMS-III legislation) has been accomplished. With the passage of the ELMS-III legislation in the last session of the State Legislature, the opportunity to annex enclaves of 10 acres or less in size through an Intergovernmental Agreement with the County was provided. Specifically the codified language is as follows: Section 171.046, Florida Statues: Annexation of Enclaves (1) The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the State to eliminate enclaves. (2 ) In order to expedite the annexation of enclaves of 10 acres or less into the most appropriate incorporated jurisdiction, based upon existing or proposed service provision arrangements, a municipality may: (a) Annex an enclave by an interlocal agreement with the County having jurisdiction of the enclave; or ,. ,,", ,. city Commission Documentation Annexation of Small Enclaves, North Federal Highway Page 2 (b) Annex an enclave with fewer than 25 registered voters by municipal ordinance, when the annexation is approved in a referendum by at least 60 percent of the registered voters who reside in the enclave. (3) This section does not apply to undeveloped or unimproved real property. Also, a definition of "enclave" is provided in the new statute, as follows: Section 171.031(13) "Enclave" mean.: (a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or, (b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality, and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. Given the above legislative changes, we are able to proceed with the annexation of eight (8) separate enclaves consisting of 18 parcels in thirteen (13) different ownerships. The attached information shows all of our annexation areas and identifies those which are eligible for annexation under the ELMS-III legislation. All of these parcels are located along North Federal Highway. Please note that three very small parcels remain in the County's jurisdiction since there is no 'Delray Beach boundary to their north. Also attached is the approving Resolution and the Intergovernmental Agreement. A similar Intergovernmental Agreement has been enter into by the County and the Town of Jupiter with the BOCC action occurring on November 16th. Rivera Beach has a similar agreement pending BOCC consideration. Next Steps: Upon approval of the Intergovernmental Agreement by the County, it will be necessary to process individual small scale amendments to the Comprehensive Plan and to affix zoning (GC) to the individual parcels. These actions will require public notice, specific notice to property owners, public hearing,before the Planning and Zoning Board, and enactment, by Ordinance, of the City Commission. '. city Commission Documentation Annexation of Small Enclaves, North Federal Highway Page 3 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not formally reviewed this specific action, nor is a formal review required since proceeding is clearly consistent with and furthers the Comprehensive Plan. The Board, though, has reviewed this specific program in its review and endorsement of the City's Population Tracking System Report (June, 1993). R E COM MEN D E D ACT ION: By Resolution, approve the Intergovernmental Agreement with additional direction that the Mayor may entertain and approve minor modifications to the Agreement as may be requested, or required, by the Board of County Commissioners. Attachments: * Location map and listing of eligible properties * Approving Resolution (by others) * Intergovernmental Agreement (by others) DJK\CCENCL .. w CJ æ ~ ~ ~ ~ ..... ~ (f) ..... ~ ..... m ~ ~ ..... ~ N tß: < ~ ..... m N ..... CD f2 w It) CD CD It) ..... ~ r-- a: 0 0 0 0 ..... N 0 0 ci 0 0 ..... ..... ci 0 ~ 0 0..... 0 < e(!) ~ wZ enz 00 0 0 U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ a..N CJ (!) (!) CJ < < CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ ~~ 5 0..- < 0 ~ ~(!) -= ZZ CJ CJ CJ CJ CJ CJ CJ CJ (!) CJ CJ CJ CJ CJ CJ CJ CJ CJ e ::>z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 ON ~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -..J (!) (!) CJ CJ CJ CJ CJ CJ CJ CJ (!) CJ CJ CJ CJ CJ CJ CJ 0u.. ~~ It) It) It) It) It) It) It) It) It) It) It) It) It) It) It) It) It) It) Z::> I ± I I I I I I I J: J: I I I I Ó I I I Ó J: J: J: J: J: J: ::>..J 0 0 0 0 0 0 0 Ou.. 0 0 0 0 0 0 0 0 0 0 CD as ~ I~ ~ - U) ãš ãš ::J .~ CD 'CD ~ 'e ~ 'e 2 B 0 CD ... ~ ~ U) J: U) êa ... êa (!)w CD 'E CDãš U) U) ! 'iñ = ! ! '0 ! i5 as E CD CD 0 'iñ ~ ~ ~ - zen - E-,¡:; 0 ::J 1: 0 ~ CD g - -::> e E as E ¡ ãš ãš 0 - CD as as as ~ u.. - ~ as en a: en U) - ~e en en en J: 0 8~ ~ - ::J CD CD CD en !:!lz 0 CD 0 ~ .¡ ë ~ '¡;¡ ! ! 'is ,g II:!:. ~ I:!:. :E ~5 > - º _ CD 15 as ~ G) g ~ - e e ea: < < CD ! E E ..I as ëñ ~ a: ~ a: en a: ~ E ~ ::J 'is E E E W en 'is > > - - 8 8 8 .. CD CD G) a: a: " c N ..... ~ It) ..... (f) ~ CD g ..... N r-- ~ ~ ..... uj ..... ..... (f) (f) (f) r-- C ~ ~ ~ ..... ~ 6 6 ~ ~ (f) ~ 6 IQ. - ~ Ig Ig Z 0 0 ~ 6 ~ ~ 0 0 0 0 0 0 0 ~ ~ It) r-- 0 ..J ..J 0 I~ I~ .- -Z ..J ..J ..J ..J ..J ..J ..J ..J ..J 1ã ~o ..J ..J U) U) U) U) U) U) U) U) U) U) U) § § ~ § § >C o~ CD CD U) 1ã 1ã CD CD CD CD CD CD CD U) CD CD G) o~ 1ã 1ã CD 1ã 1ã 1ã i 1ã CD 1ã i c ..Ja: 1ñ 1ñ 1ñ 1ñ 1ã 1ñ - - - - š - 1ñ ~ ~ 8 8 c ~~ w w - U) U) U) U) U) w w U) w w w w w U) w w c( J: J: J: W J: J: J: J: J: W J: ð ~ ð ð ~ a:W ~ ~ J: J: J: J: .. we ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 CD CD a.. a: m m CD CD CD CD CD CD CD CD CD ~ 00 m m CD m m m m m CD m m ~ ~ ~ ~ ~ G) ~ ~ ~ ! m ~ ~ ~ ~ ! m ~ ~ a: ~ ~ - a.. ... ... 8 8 8 8 8 .a 'i) 'i) ... ... ... ... ... ... ... CD 'i) ... 'i) 'i) 'i) 'i) 'i) ... 'i) CD .- e e 'i) 'i) Q e e e e e e e e e .- e e - W I) Wa: CD 5~ > N N (f) ~ ~ It) It) It) CD co co II o~ ..... r-- CD CD CD CD CD - U z::> C wZ W ,. "n, ,. .._---- ---- N œ~~ 2-4 i3 11~f\bQJ. - ~~~t~ ~ la('~ ENCLAVES 1-8 ... - 3. - . 8 2.~ -CLII I. - 708 707 I 8. - 706 I -- N. FEDERAL UNINCORPORATED COUNlY POCKETS -- I 706 - LOT NUMBER . , - ADDRESS NUMBER - COUNTY POCKET .. ~" ._- ,. "h! · ENCLAVE NO. PROPERTY CONTROL f PROPERTY OWNER AND LEGAL DESCRIPTION 1 00-43-46-04-08-000-0010 Smith, R.I. & Darleen M. Delray Beach Estates 610 S.E. 2nd Avenue Lot 1 Pompano Beach, FL 33060 2 00-43-46-04-08-000-0050 Compagno, J. & Lucille Delray Beach Estates % Merkle Et. AI. Lot 5 110 E. Atlantic Avenue, #400 Delray Beach, FL 33444 2 00-43-46-04-08-000-0051 Altmix, Don R. Delray Beach Estates 2300 N. O¡d Dixie Highway Lot 5.1 Delray Beach, FL 33483 3 00-43-46-04-08-000-0130 Bland, V.C. & Christine Delray Beach Estates 3 Harbour Drive N. Lot 13 Ocean Ridge, FL 33435 4 00-43-46-04-08-000-0142 Schwerin T.M. & Juliette M. Delray Beach Estates 2612 N. Federal Highway Lot 14.2 Delray Beach, FL 33483 4 00-43-46-04-08-000-0160 Schwerin, Thomas M. Delray Beach Estates 2612 N. Federal Highway Lot 16 Delray Beach, FL 33483 5 00-43-46-04-08-000-0300 Catapane, Richard C & Dorothy M Delray Beach Estates 2433 Timber Creek Circle Lot 30 Boca Raton, FL 33431 5 00-43-46-04-08-000-0310 Panagos, Richard E. Delray Beach Estates 2605 N. Federal Highway Lot 31 Delray Beach, FL 33483 5 00-43-46-04-08-000-0320 O'Brien, Suter & O'Brien Inc. Delray Beach Estates 2601 N. Federal Highway Lot 32 Delray Beach, FL33483 6 00-43-46-04-08-000-0370 Merchel, Mary F. Delray Beach Estates 245 Lake Eden Way Lot 37 Delray Beach, FL 33444 6 00-43-46-04-08-000-0371 Bushley, Edgar J. Jr. Delray Beach Estates 2401 N. Federal Highway Lot 37.1 Delray Beach, FL 33483 6 00-43-46-04-08-000-0380 Merchel, Mary F. De1ray Beach Estates 245 Lake Eden Way Lot 38 Delray Beach, FL 33444 ~ "',,, ,. ENCLAVE NO. PROPERTY CONTROL . PROPERTY OWNER AND LOCATION 7 00-43-46-04-08-000-0400 Solomon, Gerald J. Delray Beach Estates 17096 Northway Court Lot 40 Boca Raton, FL 33496 8 00-43-46-04-00-000-5040 Carr, Casy T. & Elaine M. North of the Flea Market 2740 S.W. 11th Court Parcel 504 Boynton Beach, FL 33426 8 00-43-46-04-00-000-5041 Carr J.Y. & Marilyn B. North of the Flea Market 3654 S. Federal Highway Parcel 504.1 P.O. Box 524 Boynton Beach, FL 33425 8 .00-43-46-04-00-000-5050 Drive-In Theatres of FL Inc Flea Market-Parcel 505 3291 W. Sunrise Blvd. Ft. Lauderdale, FL 33311 8 00-43-46-04-00-000-5060 Drive-In Theatres of FL Inc Flea Market-Parcel 506 3291 W. Sunrise Blvd. Ft. Lauderdale, FL 33311 8 00-43-46-04-00-000-5070 Drive-In Theatres of FL Inc Flea Market-Parcel 507 3291 W. Sunrise Blvd. Ft. Lauderdale, FL 33311 PD/DSE.DOC - 2 - .. ".10 ANNEXATION AREAS The adjacent map describes all unincorporated land located within the city of Delray Beach's Planning and Service Area. These areas are designated for annexation according to Objective B-3, of the Future Land Use Element of the City's Comprehensive Plan. Objective B-3 subdivides the designated properties into the following "annexation areas": #1 North Federal Highway #2 Southeast of Linton and Military Trail #3 Southwest of Linton and Military Trail #4 East of Military Trail, north and south of Atlantic Avenue #5 West of Military Trail, north and south of Atlantic Avenue (less Country Club Acres and High Point of Delray West) #6 East of Military Trail, north of Lake Ida Road #7 High Point of Delray West, west of Military Trail #8 Country Club Acres, west of Military Trail #9 The Hardrives Holdings off Congress Avenue The Projected Annexation Schedule (page B-5), slates formal annexation procedures to begin by the year 1995, for all annexation areas (less areas 16 and '9). . '. ,,~ ¡ , ¡¡ r L-JO c.uw. .-.-.-.-.-.-.-. .-.-...-...-... """"" '\ "'\""" \, './{t.£!-. l.e, ~ ~ ~ \""" ~~~~~~~ (" . ""'" j """"" """"" ÞM.A 15 LAIŒ IDA .OAD PIST SWIST ~~'~¡¡~~J¡: .. .. .. ' .. .... ¡ I ......' . . .. + .. I a .. AR£A la. .. + . .. .. .. + UlWSON IOULlVAIID ~ IOULIVAIID I I Joo f J r , '" J. --.--.--,...........--.--.-----....... I L-¡I CAIW. N ANNEXATION AREAS - ANNEXAnON AREAS AS DESICNA~D IN 1HE FUTURE LAND USE E\D.fNET (POUCY B-3.4). OF 1HE CfTY'S COMPREHENSIVE PLAN. CITY OF OElRAY BEACH. Fl PlANNING DEPARTMENT LECEND: , MU I ØIY UIII1'I -...- I WAY 1"3 OM SCMl ,. I;"! '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: fjJt>CITY MANAGER SUBJECT: AGENDA ITEM # q F - MEETING OF DECEMBER 14 I 1993 REVISION TO THE STORMWATER UTILITY FUND CAPITAL IMPROVEMENT PROJECTS DATE: December 10, 1993 This item is before you to authorize staff to reallocate funding in the Stormwater Utility Capital Improvement Fund in order to accommodate the Lake Shore Drive Retaining Wall project. The retaining wall has collapsed and erosion may damage the road. Staff has received bids to replace the retaining wall; the low bid is $32,023. In order to proceed with this project staff is recommending that the funding identified in the Stormwater Utility Fund for Nassau Street be reprogrammed to 1994/95. A detailed staff report is attached as backup material for this item. Recommend approval of the reallocation of funding in the Stormwater Utility Capital Improvment Fund to accommodate the Lake Shore Drive Retaining Wall project. ~ " ,,~O .. . Agenda Item No.: AGENDA REQUEST Date: December 02. 1993 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: December 07. 1993 Description of item (who, what, where, how much): Staff reauest Commission add the Lakeshore Drive retainina wall proiect to the Stormwater Utilitv Capital Improvement Fund and reallocate the funds for the Nassau street Pump Station to FY 94/95. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends reallocation of the Stormwater Utili tv Funds to include the retainina wall replacement proiect lproiect 93-33) in the Stormwater Utili tv Funds. Department Head Signature: \~1(L J2.JZ.h3 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review ~ed on all items involving expenditure of funds): Funding available: YES 0 Funding alternatives (if applicable) Account No. & Descri~ion Lp+~ - ~~\ - Ç38 - 1o'Z.. ''-is" Account Balance ~-z.... 0'2.'3 I City Manager Review: r~~~, ~ 0 Approved for ag~~ &/NO I~~ !c4 4 Hold Until: {/ Agenda Coordinator Review: R<.;:: ,~V'\ c."'" Received: Placed on Agenda: . Action: Approved/Disapproved /agenda.kt RH9333#2 '. .. DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: RALPH E. HAYDEN, P.E~ CITY ENGINEER DATE: DECEMBER 2, 1993 SUBJECT: LAKE SHORE DRIVE RETAINING WALL PROJECT NO. 93-33 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - As you are aware the retaining wall at Lake Shore Drive has collapsed and erosion may damage the road. We received bids to replace the retaining wall on December 1, 1993 with the low bid of $ 32,023.00. We request Commission approve a reallocation of the Stormwater utility Fund by reprogramming the Nassau Street Pump station Project to FY 94/95. The following is a list of our recommendations. Proiects FY 93/94 FY 94/95 FY 95196 Basin Drive Pump Station Rehabilitation 51,625* Lawson Blvd E 3-1/2 Canal Headwall 11,850 Beach Road Reconstruction Drainage 104,850 Ingraham Avenue Outfall 0 NASSAU STREET PUMP STATION 91,988 LAKE SHORE DRIVE RETAINING WALL 32,023 Seacrest Lane Drainage 21,000 Beverly Drive Drainage 63,000 N. E. 2nd Street OUtfall 83,000 S.W. 1st Street and S. W. 4th Avenue 60,000 Eagle and Avocet Drive 25,500 White Drive 92.000 Miramar Drive Pump Station 96,038 Waterway Lane Pump Station 53,314 Golf Court 29 ,000 Atlantic Avenue Pump Station 102,000 * N. E. 8th Street 10,000 Project Reserve 33.652 4.660 TOTAL $ 390.000 $ 352.500 $ 223.000 * Pump Station only. Does not include Piping to P.S. 1 of 2 '. " Some of the cost data for the stormwater utility Capital Improvements list have changed because we have either actual bid amounts or cost estimates based on preliminary design. In summary the changes are as follows: Basin Drive PumD station Rehabilitation original budget estimate was $ 66,000.00. Preliminary design estimate was $ 81,154.00, however, the cost of piping has been removed from the budget since this is being constructed at this time. Revised cost estimate $ 51,625.00. This includes the cost of design services of $ 8,510. Lowson Blvd E 3-1/2 Canal Headwall original budget $ 10,000.00. Actual bid amount $ 11,850.00. Beach Road Reconstruction Drainaqe original budget $ 61,000.00. Actual amount based on contractors unit prices $ 104,850.00. Inqraham Avenue Outfall original budget $ 15,000.00. This work was completed last year with operation and maintenance funds. These funds are now available for use elsewhere. Nassau street Pump station original budget $ 82,000.00. Preliminary estimate has been completed and the amount is now $ 82,940.00. If sufficient funds are available at the end of this year, it is recommended this project be brought forward and accomplished as soon as possible. Design of this pump station is proposed to be accomplished this year. Lake Shore Drive Retaininq Wall This is a new project and the retain wall needs to be replaced. The $ 32,023.00 cost is the low bidders price. Seacrest Lane Drainaqe This is a budget estimate to correct a significant drainage problem. Issues such as land ownership and alternate ways to drain the area remain. Budget $ 21,000.00. 2 of 4 '. " Beverlv Drive Drainaae Waiting on easements from property owners so drainage improvements can be installed. Budget $ 63,000.00. H. E. 2nd street outfall Design is underway to correct localized drainage problem. Budget $ 83,000.00. s. w. 1st street and s. w. 4th Avenue Some drainage problems have developed in this area and in the Police Department parking lot. This project calls for stormwater retention and connection to existing drainage outfalls. Budget $ 60,000.00. Eaale and Avocet Drive Upgrade and replace inadequately sized pipes. Budget $ 25,500.00. White Drive Tidal flooding problem to be connected by additional drainage pipes and a tide flex valve. Preliminary estimate $ 23,070.00. Kiramar Drive PumÞ station Original budget $ 82,000.00. Preliminary cost $ 96,038.00. Waterway Lane Pump station Original budget $ 82,000.00. Preliminary cost estimate $ 53,314.00. Golf Court Drainage problem at Cul-de-sac. Budget $ 29,000.00. Atlantic Avenue PumÞ Station Original estimate $ 82,000.00. Preliminary cost estimate (excluding drainage pipes which will possibly be constructed under s separate contract, (East Atlantic Avenue Beautification» $ 102,000.00. H. E. 8th Street Drainaae Ditch Work completed at a cost of $ 10,000. 3 of 4 '. Please place this item on the Commission Agenda for December 14, 1993. Attached is an agenda request, location map and a portion of the November 1, 1993 Capital Improvement Budget indicating the stormwater utility Fund. RH: kt Attachment cc: Joseph Safford, Finance Director William H. Greenwood, Director of Environmental Services File: 93-33 (D) Memos to City Manager RH9333#2.KT 4 of 4 '. 1 .1'\ ., .' . ¡ ,'>".. "" I . . f . ~ " \ . . .. \~__, \ . f - ! I I ]G.~. 1 f:l: 'r7 '- ]11'f1 JAH N I ~I L ~ on"'''II''IiI¡:;:~" '" .. If 'c( JILU :z t< -.1:::' - - .. on II '" 12 ::: !:! ::! :0.\ ~ I ~ -I IT' I CD ~^rJlH~ <.J "'M H¡.;0 t I H ~ t') , , 4 ... -.... __ -;or '." ~.J;~ l1Jl9T!Trlnl' J.. ..,-. I II". .. ",' L' fa..~ 101 ...l! ..} I - .ì-'\- :t. ::I. I:! :: ,IV;J ....." '81.... U m+m "'"' oc{ , . r. - oc{' j . ~ I:: - " Y! \ \ 1'0 I ,(/I!II:I~)\ ii, « I I I' J S ~ v !: - ~ <! -.:J . on: ~ .. r I-) 10,' 'm lilt 'M'II ~ W N ~ ¡¡ : _z ... '_ 1 Ù - ..I _.,t~..' --; - :.4 ~ . ~ ~ ~ ¿9. ... . . 9 ~ ..~ i .. ~ :: . "'IJ::!"!.. _'" \.. ........: on .. ... 1\ ..1" 'u 0 1- .L... w..:: --- La: .. ...Ji -. , . , .. lL.. Z 1_ µ1A'tr:11~ 'M'II,~ '3Ä~ Hii ·...'11 IE' Gr 1. J 'f1 r:. tIT' I. 'J 1/ 1X'iïlic 'M'N ~ I ,,' ~« -r -.,'"-4 ..... ~::r p¡r 1 '. ~Yff" --.0;:' ~ , on ~ . ti- It.. ..~.. I W W ,; ~j rj_ __I- :! \ · ~ Ii . ~ .. ~ ..... ~ .. ~ 7 ..., w ' ~ ~ I' '..1 :.-;.:...: - - - , "....- 'I ~ o:s: It... .. .. ~ : ! ~ ~ r:¡: ~ :s I .::) ':11 I ~. :!:) Y!. ~ I II U Q - ..... . -.:::: -. - -II I' ---."....:; -_: -. ,^Y HII 'M'N :> I ',^Y lilt 'M'II .............. ~~J~~ IIn t 'M'N -tf;! It... t, " ]1 .'n.. :> j -í (C> ~n -;On ~ J. ; , , .. ^ ~~ 19 &! I: t ~ .. .. . I: 8 II ~.. J" 1~..., 2 ,t ~l;¡ -1!:.": _ I::::!.. "\~~ )' -~ ~~ hr:'" J:- .nrr t u, ~ .. , c;;. ~ \ \ .... cr." ~ ,-"'Ii=-- I- : .:: _ .. I::; . I-- ~_I~-6- ö:.. . ~ .. -mer ,r:r c - h .. ,"'" t <;,. .::: .. W. :S,02 Ié-- I!'i.- Ii -:c¡ - . .. ~I - -. _i- f---t,~ .. , . -n:- "j'~;;;;;: 1^o\ 'M' :::::.-¡ A ~ ... _ .... ~-. [Ej ~ . .., . ." 0 Ct't 0.-........- w e ___~ I ~ - ~ 1-.--' J ~ =-= ~ Ui:. ¡:¡... ,æ ... ,!inir .. ~ - !... :5... ... ;¡ '0 - 1_ ði ~ '~ _ --- I , IJ¡. · . ~. · . ."!:!- . ~" . ¡ . ,"a . .' , _ ~ I IV' - 1-.- :-¡tr: T'. -n- ___ I=':" ~ ~ _ ~ 10 .. I I u.).. >I~::1 ~!:!..)::I _ ""~I:!" e.. III ::::::¡- ¡) 1ft t t'--;- \..1.0'':; ..!!fOl.. ~ ~~. "'~'_, ~ ~ r ....... b .. ~ , , l.-r Z .. ~ ..0.... / -. I I ... .. 1"" " .... WI · ,..., -.." w I ·.i .: -- ~ ~ 't. I . 0 I P'1 I- lVNV::> ¢ WI I · ¡ <J: ..........J..: ~~i ....... .. ,0 ~..,..- I - , ~II~' . ~ ht · 11 I~' ~ ::..-. W FH a ,,-. ....~. ~ '. t, II ~ - U ....ff -- ---ø:u:t. ___" ! .;l, ~ r, ',^Y IUOI ·...·N W I -~ ~. ... ~ ~ 10.. '" ¡., 1-« . "'¿' - ~. v.. I-.....:r::-- I _"i - ~ ~ r:z ! ~ .---. ! ';', ,~ rJ .. 12 :: b S: , ~.. ~¡:..w.: _ ~ c( + ~ .,^ II!II 'M'N '-' I ~-=rH ....~. « - ....-- 9 :.-!- :. I W ,..., ~:2 ' ' _' ~ .. ~'" :-L ~ ~ 2::¡ ~)~ if) I ~ ~ ,..!« , i ~ ~ ~ ~ ~~ « , j '~ /, ~ f ~- j .:..L 1J Ie ~~~' -1 I ' i""..~ ~~7" 1~""'~'3^YHUI'M'1I l.- I ,IC.II ~r ':R1ï, t1 a .. · /.~ll~1 ~~ r- -/- ~' !'" ~I .. ~ -...... c(_ ~ ';1 Ø! III, ~ .-1' I . ,Inn .~ & "" -..... .\ .~ ..~ . to I JnH'^Y ~~ c: " i ' '~ )=. t N ~ ~ ~on --=- I '1;11 <{ I .. !¡ - <II r :: t."- lL. I ~ æ a: ... t;¡ ~ . ~.. '...ø~4'~ .. ;1 1t~1 , ~ ~ >- ! S;6 f-. ' - ~ ",' rwr : 11 <{ I ..../ I ---- ,:: -r ~~!!!I 0:: ~ ~ g -......-....::.... - "'- _?. !!! LL ~ ':"1, ¡.., II J//j'AY II/¡¡¡jtiML.. C I· ..;¡ 01.. v' , C" .. .... C "" "I .'.. 0I...;)(j::JJ. .,;; II~~¡' ~.~ ~-----~~. . - ¡' 'j~ .. '. I. ,,:.':1: . ',',' . ~ I/') 0 0 01 0) I"') 0000000) °l~ 00 ON 0 N I/') I/') 0) N 0000001"') 00 0.-1 0 8 ~ 0) 0) 0'1 0 00001/')00 I"') 00 01"') I/') 0 . . . . . ~ ~ -. " -. ... -. . . . . . . 8 .-I .-I '<I' .-I N .-II"')I"')OI/')N~ I"') O'IN 00 t"- I/') .-I 0 0'1 I"') N~O)~NO'IO'I I/') NO .-10) 0 .-I .-I '<I' '<I' .. .-I 0) 0 0 0 0 000000000 000000 0 0'1 0 0 ....... 0 0 r-- . .. 0'1 .-I .-I N N >< N N I%. t"- O 0 0 0 000000000 000000 0 0'1 0 0 ....... 0 0 ~ .. .. 0'1 .-I .-I N N >< N N I%. ~ ~ 0 0 0 0 000000000 0000 00 0 ~ 0'1 0 00 0 ....... 0 00 0 I/') .. .. .. .. ø.. 0'1 N O'IN I"') 0) 0'1 NO N 80'1 >< .-I N :r:Z I I%. O~t"- < 0'1 IZI~O'I I/') 0 0 0 0 moo 0 0 0 0 0 r r 0 r 01 0 III .-I 0'1 0) 0 00 1"').-1 ~ 0 0 ....... 0'1 0 01/') 0 I"') ~ I/') ><P:>< "'" ..." .. ... ...... ... .. ~~I%. 0'1 .-1.-1 01/') ~ I"') "'" N . 0'1 N ~N 0'1 I/') I/') 'Ø H H 0 >< N Q IZI 8 I%. s:: O~"", ..... ..... 1%.80'1 "'" I;BU rrooooooo OOOOON 0 . OH I 0'1 N 00 01/') 0 Q ø..1"') ....... o 00 O~ 0 'Ø >«0'1 I"') ... ...... ....... .. .. .. s:: 800'1 0'1 N 1"')1"') 01"') 0 ::s H .-I I"') ~O) .-II"') 0'1 O~>< >< .-I I"') Q I%. . IZI I%. III >< Z 0 ØI ~ H s:: 8 0 H Z < ..... I%. 0 8 .¡..> H tI) ..... 8 ~ 'Ø < IZI ø.. tI) ~ 8 H CJ ~ ~ H ~ ;g H ø.. 8 H H H 0 . III ~ ~ ~ IZI 8 .¡.J ~ þ ::s IZI 0 IZI Z 0 ~ :r: ~ þ ~ Z CJ Z Z ~ 'Ø ~ ~ OZ ~ 0 Q Z HH H H s:: 0 ~ H H 8Z H< 8 Z8 0 ..... H 8 ~ <H ~~~:r:~ < 0< H ..... 8 0 8 < 8 H8 8 < Þ I%. tl)8 <1Z<8H tI) 8 tI) 9 Q Z 8 N P: 8 ø.. ~ ZZ8'<1'P: < . 0 tI) ....... 8 Þ HHþ 0 ø.. 8ø.. III H .-I tI) 0 ~~ ~~Ocð8 ~ tI)~ 8 8 ø.. z 0< ØI ø.. ~ I"') 0 IZI 00881Z1 ø.. ~: ~~ s:: H I 0 Þ H IZIIZIO 0 P: ø.. IZI ~ Z 8 P: ~~~~g ~ ~~ ..... 0 ~ IZIO ø..9 .¡.J tI) ~ ~ ~~ H88<~H 8t1) Q) 'z1 ~ < HP:tI)tI) P: ~ tI) ~ ...... 0 H H o OHO ~ Q) P: III ~ i tl)0 8 08~P: o >< 8 :r: 0 8 0 :r: tI):>iZtI) o~ 0< 88 0 Z þtl) ~~N.-I'z11Z1 tI)~ 0 0)0 IZI Z 0 ~ < IZI .. I-) H tI) ~~ o~ . 'H8 H 'z1 I%. .1-) Q) ~ tI) ~ CJ < IZI~CJH ~8 H ~~ .¡.J < r:<I Z r:<I 'z1 . . < ~ H ~~ 0 0 ø.. III H III H ZH tl)1II:Z;tI)lZI ~ CJ Z ø.. Z .. " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM; CI TY MANAGER [IJv1 SUBJECT: AGENDA ITEM it ~G - MEETING OF DECEMBER 14. 1993 SERVICE AUTHORIZATION NO. 11/0/BRIEN. SUITER AND O/BRIEN. INC. DATE: December 101 1993 This item is before you to consider a service authorization in the amount of $24,975 with a $5,000 contingency to the contract with O'Brien, Suiter and O/Brien, Inc. for surveying services in conjunction with the Linton Boulevard Raw Water Main - Phase II project. The scope of service under this authorization includes providing a special purpose topographic survey along the route of the proposed raw water main to run from Military Trail east to the Golf Course south property line. Recommend approval of Service Authorization No. 11 in the amount of $24,975 with a $5,000 contingency to the contract with O/Brien, Suiter and O/Brien, Inc. for surveying services in conjunction with the Linton Boulevard Raw Water Main - Phase II project¡ with funding from 1993B Water and Sewer Revenue Bond - Wells Morikami (6 ) (Account No. 440-5179-536-63.61). ~ 5-0 .. ..n, ,. . Agenda Item No.: AGENDA REOUEST Date: December 06. 1993 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: December 14. 1993 Description of item (who, what, where, how much): Approval of Consultina Service Authorization No. 11 to O'Brien. Suiter & O'Brien for survevina services. A toPOaraphic survev is necessarv for the desian and construction of a raw water main. This raw water main is Phase II of the raw water main that will convev water from the proposed Morikami Wellfield. Phase I is now under construction with the Linton Blvd. Road Widenina Proiect. The fees allocated with this Service Authorization are S 24.975.00 for base services and S 5.000.00 for additional services. if reauired. The total authorized fee is S 29.975.00. Proiect # 93-56. Account No. 440-5179-536-63.61 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Department Head Signature:\-W- 4tJ/Jd~ ... . t ß /2~~g . 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 VNO Funding alternatives (if applicable) Account No. & D~criPtion ~'-\~-'5 \l)q-5~to-lo3.lo \ Account Balance~ t "3 . Ÿ City Manager Review: Approved for agenda: r§JNO errv¡ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.kt '. " DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN .. CITY MANAGER FROM: RALPH E. HAYDEN, P.E.\tf::?)/ CITY ENGINEER DATE: DECEMBER 7, 1993 SUBJECT: O'BRIEN, SUITER & O'BRIEN SERVICE AUTHORIZATION NO. 11 AGENDA REQUEST - DECEMBER 14TH REGULAR MEETING PROJECT # 94-38 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached for your review is an agenda request for service Authorization No. 11 for o'Brien, Suiter and O'Brien. This Service Authorization is for surveying services requested for the design and construction of a 24" raw water main. This raw water main is the second phase of the main that will convey raw water from the proposed Morikami wellfield to a proposed raw water main at the municipal golf course. The proposed water main will begin at the east entrance to the Delray Community Hospital on Linton Boulevard and connect to the 24" raw water main now under construction. From there, the main will run east to Military Trail, then north to Sherwood Boulevard, then east to Dover Road, then north to Lowson Boulevard and east to Homewood Boulevard and then to the proposed wells near the third tee on the golf course, where it will connect to a proposed raw water main. The total authorized fee will be $ 29,975.00 which includes $ 24,975.00 for base services and $ 5,000.00 for additional services, if required. The funding account code for this work is 440-5179-536-63.61. WHG:JR:kt Attachments File: Memos to City Manager 94-38 (A) JR9438.KT 0' ,. O'BRIEN, SUITER & O'BRIEN, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 11 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 440-5179-536-63.61 PROJECT NO. 94-38 (CITY) (O'BRIEN, SUITER & O'BRIEN) TITLE: LINTON BOULEVARD RAW WATER MAIN - PHASE II This Service Authorization, when executed, shall be incorporat- ed in and shall become an integral part of the Contract, dated May 14, 1992, between the City of Delray Beach and O'Brien, suiter & O'Brien, Inc. I. PROJECT DESCRIPTION This Service Authorization is for a Special Purpose Topographic Survey for the second portion of the proposed raw water main for the proposed Morikami Wellfield. The survey is necessary for design and construction contracting purpose. The route for the proposed raw water main is as follows: Linton Boulevard - The east entrance of the hospital (opposite Las Verdes Way) through the intersection of Military Trail. Approx. 1,300 LF Military Trail - Linton Boulevard, north through the intersection of Sherwood Boulevard. Approx. 2,100 LF Sherwood Blvd - Military Trail, east through the intersection of Dover Road. Approx. 5,300 LF Dover Road - Sherwood Boulevard, north through the intersection of Lowson Boulevard. Approx. 500 LF Lowson Boulevard - Dover Road, east through the intersection of Homewood Blvd. Approx. 1,550 LF Homewood Blvd - Lowson Blvd. north to 60 feet beyond the Golf Course south property line. Approx. 350 LF 1 '. " II. SCOPE OF SERVICES A. PART I - Base Services 1. Survey shall include all platted rights-of-way, lot numbers, block numbers and dedicated easements. The bench mark should be identified. 2. Survey shall include all improvements, physical objects, and significant plants (i.e. trees, shrubs) within the right-of-way. 3. All underground utilities, including drainage, shall be shown on the survey. Coordination with UNCLE, or the gas company, for location of any gas mains will be by the surveyor. Inverts on sanitary and storm sewers shall be indicated. Locations of water valves and meters must be shown. 4. The topographic survey shall extend a minimum of 10 feet beyond the road right-of-way. All topographic surveys shall have stationing established from south to north, and west to east. 5. Elevations shall be indicated every fifty feet, at a minimum, to indicate center line grade, edge of pavement grade and shoulder grades. 6. Surveys shall be submitted on floppy disk, one mylar or vellum copy, and one signed and sealed print, with a copy of the field notes. 7. The auto cadd drawing should follow the following format. a. ) Explode blocks of unequal scale factor. b. ) Assign colors by layer. c. ) Divide the drawing into several layers. Le. text, existing elevations, lot lines, right-of-way lines, stationing, existing topo, etc. ) B. PART II - Additional Services Upon separate written authorization, consultant shall provide additional services that may be required under this service Authorization that may include: public property searches for right-of-way information, construction or utility easement documents, extending limits of survey location as determined by the CITY, and any other services that may be requested by the CITY. 2 '. " III. BUDGET ESTIMATE OF SERVICES A. PART I - Base Services Compensation for the base services described herein shall be the lump sum of $ 24,975.00. The estimated breakdown of hours and fees is as follows: Clerical 10 hours @ $ 35.00jhr . ..$ 350.00 Field Crew 200 hours @ $ 75.00jhr . . .$ 15,000.00 Cadd Operator 180 hours @ $ 50.00jhr . . .$ 9,000.00 Project Mngr. 5 hours @ $ 50.00jhr . ..$ 250.00 Principal 5 hours @ $ 75.00jhr . . .$ 375.00 TOTAL = $ 24,975.00 B. PART II - Additional Services For additional services that may be required, as described in Part II of this Service Authorization, and authorized in writing by the City Manager on an as required basis, compensation shall be in accordance with section VII Part A.2.a of the Agreement For Surveying Services. Additional services shall not exceed a total sum of $ 5,000.00. The total amount of this Service Authorization for base and additional services shall not exceed $ 29,975.00 IV. COMPLETION DATE The work for this Service Authorization will be completed within twelve (12) weeks of the date of this Service Authorization. This service authorization is approved contingent upon the Ci ty 1 S acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the city in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the city to be included as part of the contract without a further notice to proceed. 3 '. Approved by: CITY OF DELRAY BEACH: O'BRIEN, SUITER & O'BRIEN: Date Date Thomas E. Lynch witness Mayor witness Attest: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this Approved as to Legal _ day of ,- Sufficiency and Form by (name of officer or agent, title of officer or agent) , (Name of Corporation Acknowledging) , a (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgement Signature of Acknowledger Typed, Printed or Stamped c:\94-38\csa.doc 4 .. ..,'.' " ¿,¡{ . b1v'/ MEMORANDUM TO: City Commission THRU: Barbara Garito, Acting City Clerk FROM: Anita Barba, Executive Assistant SUBJECT: APPOINTMENT OF MEMBERS TO THE CODE ENFORCEMENT BOARD DATE: December 9, 1993 The terms of regular members William Stone, general contractor, Richard Raab, real estate person, Richard Eckerle, layperson, and alternate John Goodman, real estate person, will expire on January 14, 1994. All persons are eligible for reappointment for a 3-year term and have expressed an interest in being considered except Richard Raab. The terms will end January 14, 1997. Mr. Stone has attended twelve (12) meetings of the twenty-two (22) meetings held by the board Mr. Eckerle has attended twenty (20) meetings of the twenty-two (22) meetings John Goodman - at.tendance requirements do not ~pply to alternate members All members must be residents of the City. The Code states, "In addition, the general contractor shall possess a valid certificate of competency and occupation license recognized and accepted under the laws of the state and the ordinances of the city regulating the business of contracting, and where required, state registration as a contractor, or shall possess similar qualifications under the laws of other states, or shall have actual experience deemed by the Commission to be equivalent to a certification. " Further, the Code states, "The realtor shall be licensed under the laws of the state licensing real estate brokers as either a broker or a salesperson, or shall possess similar qualifications under the laws of other states, or shall have actual experience deemed by the Commission to be equivalent to licensing. II The qualifications are that when possible, regular and alternate members shall include an architect. a businessperson, an engineer, a general contractor, a subcontractor, and a real estate broker. Other persons besides the incumbents have applied and have been contacted to verify their continued interest. 91 .. " . . MEMORANDUM: City Commission December 9, 1993 Page 2 The following persons have applied for general contractor: William Stone (incumbent) Richard Brautigan James Griffis The following persons have applied for the real estate position: John Goodman (incumbent, alternate member; would also like to be considered for a position as a regular member) Adele Siktar King Richard LiCastri Chris Stray The following persons have applied for the position of layperson: Norma Bannoura David Cohen Richard Eckerle (incumbent) Rosalind Murray Joann K. Peart Sidney Soloway Anthony Veltri Horace Waldman Stanley Watsky The order of appointment is as follows: Dr. Jay Alperin (Seat #2) will appoint the general contractor (regular member) Mr. Ken Ellingsworth (Seat #3) will appoint the real estate person (regular member) Mr. David Randolph (Seat #4) will appoint the layperson (regular member) Mayor Thomas Lynch (Seat #5) will appoint the real estate person (alternate member) Pursuant to City Commission direction, a check for municipal liens and code violations was conducted. Mrs. Bannoura has one (1) outstanding code violaton, a copy of which is attached to her application. The applications have been arranged in alphabetical order. cebb.doc .. ,. CODE ENFORCEMENT BOARD ATTENDANCE /qq] I November December MEMBERS Julv August September October Regular '3 l? 16 olLj ILL ~~ \1 ,:) C:, 9 é).~ Tim Onnen 'p r A A P P p, P p p --- Joel Port it A A P A A it r A p Beril Kruger p p p It I r p f P P Susan Gracey p p p P [J r p p P A - William Stone A A P P (J P it p ~) A P A A p f A- A p \ Richard Raab p Q.e~ \qhf d P A "-' Richard Eckerle P p P fJ ft- f r p ALTERNATES John Goodman ft p A 1\ e (t f+ A f P\ David Henninger A A Ii It A r+- f+- A A A '. " ,QQ3 CODE ENFORCEMENT BOARD ATTENDANCE ", MEMBERS Januarv Februarv March April Ma' June ~-"~-'--' Regular ,;¿ ~b C J.'J q .1-:.\ (3 l.? I , JS Y l.~ Tim Onnen p P P \') P P It P p It e r ." Joel Port P p p P A Ii A P p It f\ A - Beril Kruger p p p p p r p p p ~ r p ----., Susan Gracey p r A r p It P P P f A f P .- William Stone A t+ A r p A A P A P F Richard Raab P p P P A P p P r It p P Richard Eckerle P P f p p p p p p p p r ALTERNATES ------ ---- -.-- -- It A e ._~. . John Goodman A P It It A 1+ P P A David Henninger A If ft- A A It A It ft f fi- r ~_.- .. ----,--- --.- . -- .......-. . _..~".._. -... .._._-.~- . -. .., " ,. IJ ~ {J¡ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION , NAME tV OR. M P. f3 A I\J N 0 (J "A ~'?J.D N W fDT14 Sì72-EET¡ hE.L!?I\¥I BEAC~ Æ 3~ c¡. V,5¡- HOME ADDRESS (Street, City. Zip Code) (LEGAL RES DENCE) 7000 Lù PA. L-1'<1 tTTo PARoW Ro,b. .:$ u.IG" live¡. /3Dc..A ,f¡ìõ~j r~ -33Ý33 PRINCIPAL BUSINESS ADDRESS (Street, City. Zip Code) . HOME PHONE ~ 0;' ~ q 9- r¡" fjJ i.{ BUSINESS PHONE 407- :3c¡V -9 «j-)' ON WHAT BOARDS ARE YOU INTERESTED IN SERVING T#t Ooul\) C-f L' ç C'fJ.o J ~Ë \4 P B· ~PRò6' ~CA .. .... PqwL ~' AnJ ßðO-r ri LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) "/A . EDUCATIONAL QUALIFICATIONS LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER. AND POSITION d, dAN',uouÆ4 ,f!...A. 1+ (!CÕJIVí;,,,J{~· )l íÃ~ P,2-FfA-~oJ DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ÄfJC.àù^'TïJJJð- ¡R-A~r;c..E ?Aw^' r£ H-o P )0- /3(,).5,"¡ ~s s Ò I.() u I:; A.:. , , Co rll/ is " I ë¡...JC b ...s"'f-ø ~ e . (JtAJAJ ê,e ð~ tbPf.nS'Jt'.?.~.1AL AA (.. ês7i47"t; AlVb Rt=S¡2>e~A ¿. #Ñ7";l\L ~/'~'1 PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. /'" ~~ 7'!~/ý3 / SIGNATURE DATE 4/90 0' ,. RESUME - NORMA BANNOURA 4130 N W 10th Street Delray Beach, Flori.àa 33445 407-499-8484 Office Address: 7000 W Palmetto Park Road Suite 409 Boca Raton, Florida 407-394-9455 305-785-8484 EDUCATION: 2 1/2 yea:s Accounting North Central College Naperville, Illinois . WORK EXPERIENCE: 6/63 - 6/69 Bookkeeper Downers Grove Travel Lillian T. Zaloudek Real Estate & Insurance Downers Grove, Illinois Maintained five business checking accounts. Managed all transactions in accounts receivable, accounts payable, payroll é'\nd trust accounts. 11/65 - 6/69 In addition to above owned and operated with husband, the Accent House, Downers c'rove, Illinois, this was a home accessory and gift shop. Waited on customers and did all the record keeping, purchasing, etc. 1/72 - 12/73 Prepared income tax for H & R Block, Inc. Margate and Ft Lauderdale, FL. During this period I also taught the basic personal income tax course offered through H & R Block. The first class being about 8 students from 9/72 thru 12/72. The second consisting of about 12 students from 9/73 thru 12/73 6/73 - 6/75 Accounting and bookk~eping work - part time Accounting, I nc. , Ft. Lauderdale, FL Maintained books and records through trial ,. "ii' ,. balance and prepared personal and corporate income tax returns for a variety of clients. 7/75 - Present Operate my own Accounting and tax service for a large variety of clients, prepare personal and corporate tax t"eturns, maintain client books and records, payroll records, handle accounts payable and receivable, prepare financial statements, loan applications, attend IRS and State tax audits. A partial list of clients would include Lawyers Real Estate office Drapery and furniture manufacturers Auto repair and Auto paint and body Importers Small and large gro'cery stores Independent truckers Beauty salons and beauticians ~nsurance sales persons . Laundromats Construction contractors plus a wide variety of self employed persons and wage earners. 12/88 - 5/90 Part owner and operater of a small supermarket in Delray Beach, Florida Managed the sales staff the purchases, business records, the payroll and the tax returns. 9/88 - Present Part owner and operater of a Pawn Shop in Margate, Florida. In charge of managing the employee's, overseeing the operation of the business. Maintain all books and records including payroll and tax returns. 4/84 - Present Owner of Commercial and Residential Rental Real Estate. Located in Delray Beach, Florida and West Palm Beach, Florida. Handle all aspects of Rental management, including preparation of leases, collection of rents, maintaining properties, banking and tax preparation. ,. "1'\ ~ -- : CEZOOI01 City of D.lray B.ach Florida 10/06/93 - Ca.. In~uiry - General In£oraation . Maa.. 9:36:55 ~ Case nbr .......: 9Z 00008867 : Property address . . . . . : 633 W ATLANTIC AVE -:;--1'roperty Cont-ror-Nuab.r-. : 12 43 -'Þ-- 16 01 u(fIZ--c:roSO-u--- ----------- -- Case status. dese: . . . . : AC ACTIVE _ -:---Case type .dese::estbl . . : NL NON-CONFORMING LANDSCAPING- 11/i8/92 -- Origination code. desc . . : CO CODE OFFICER ~~ De£ault inspee:tor id . . . : RAK SOS KUSSNER ~n¡l1t- na... nbr . . . . . : <,j8 -=- Send notices to: '... . A" - ------------------------- PROPERTY OWNER -------------------------- ---N a me.. : .T- -srs I NT ERN AT L I N CPr i n t 1 t r s . : Y Address .: 3801 N FEDERAL HWY Phone . . . : JfOJUïA!fORACíl --____m_F1. Zfïi -. . . .: 3306.6611 ----------------------------------------------------------------------------_. Press Enter to e:ontinue. ----- -~--_._------_._---~._----_._- -- - --~-- --- ------ - F3=Exit F1Z=Cancel F5=Case narrative F6=Case ae:tions F7=Violations ~ F8=Penalty rees F10=Case data --- ----..--------- - - ----- ~ _.-- -----. -- - -- .-- --- - ~ ------ -~ ----- ...-- --- - - -- ----- -- _._--_._~.. -----. ------ - "'" -- ----- --" ----------- - ----- -.-- --- - - - ----- .---- -..-- -. -~- -- -- - --- -- ----- ----- -- ----~ --- ----- , - -- - ----. -.-- ------------------- - ---- ,<, ;~.... ~5 IS; ~, L ,- -- -- I' j.", ,. CITY OF DELRAY BEACH " BOARD MEMBER APPLICATION PAUL RICHARD BRAUTIGAN --.---.--.-.- NAME HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) Delray Beach. FL 33483 100 East Linton Blvd., Suite~Aj05 A PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ._-- (407) 243-7944 (407) 272-9086 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, Housing Authority, Historic Preservation, CAB ; CtJi.· ~ fl" B -,- LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None -- EDUCATIONAL QUALIFICATIONS R. Sr.I..-.iILArchitl"ctllr;¡l Stl1die.s.._E~a..~.MM University __-B...- -Ar.ch; tP("t~AlIhllT:n TTnivl"r!'li.t.y. --------_._._------------ -- --------- ------ _._-- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. -,ëgfstered Architeëf -,TIõriõa-;-C-ëï'"Eîrrea BUl.lding -ufÎÎ~------- -- --------- -------- ----------- GIVE YOUR PRESEN.T, OR MOST ßi8Jì,Nl ÆW.ft8iJk\, ~ PPH¿TION ______ President, Arch1tect, Owner, R S,. ._- -- - ~- -.-------- ...... ... ------ .~___.~ __...M_ ~ - - DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. Experience 1n Low~come, Housing, H1stor1C preserväeîõñ~~s1d~~t of SoTI~n-Ylor1da 38 years ------- --- ------- PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLI ATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY REC IVE. I ajq ù 7/90 v<f1LLL ~ _~llL J-~i - - - -- - --- --- -- DATE ~ -GAS -.-------- .~._--~ -~~------_._-._-~-- .~---- - _n __~. - -..-;-- - -.- - ilioup Architecture South Inc. P. Richard Brautlgan following Client List demonstrates the unique and Architect The diverse types of individuals, developers, etc. who found Group Architecture South, Inc. Nathan Miller - Developer Personal House Jack Gaines - 'Developer Personal House The Babcock Co. - Developers Clover bend Versatile Investment Properties - Developers Windwood Restaurant - Delray Beach Po Fol ks Lennar Homes - Developers Boca Chase Diamond Equities - Developers Diamond Plaza Gold Coast Railroad Museum Theme Park . Greek Orthodox Community of Broward County Church Edward Ledder - Chairman,Abbott Laboratories Personal House Warren Thomson - Trademark Attorney personal House J. Allen Jones - Attorney,Eastman Kodak Personal House Whitehill Developers Hampton Club Steven Whitehill - Developer Personal House Henry Whitehill - Developer Personal House Hobe Sound Associates - Developers Hobe Sound Golf Club Holiday Inns of America Hotel - Maimi Jerry eaxter-Pres.,Corporate Design Int. personal House Richard Bagdasarian - Attorney Personal House Castle Lake Corporation Apartments - Akron, Ohio Kissimmee Station - Kissimmee, Fl. Railroad Station Rehab. Louis Vitale - Attorney/Former Judge Personal House Architecture Land Planning Graphic De81~n Mode 8 Golf Course Archttecture l " f 100 East Unton Bh'd. Suite 202-A IJelray Beach, 1'1. 33444 (001) 272-W86 ,. ",j; " CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ; ~ NAME ~A~ 6.~\ .FF\ ~ 55S" ~.-E. (,~ ~. AçÞr ~- 6 [)B... e A,-( Bc..b8 . ~LJB3 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) ~\?-n p.~ PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE ~Î<ø - DOØ S BUSINESS PHONE - ON WHAT BOARDS ARE YOU INTERESTED IN SERVING CðOe 1:: ~':'f" ~~AJT LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) E :S. (" C.IU\L -t:e.1G~L...JrrQuJC:; ~ . EDUCATIONAL QUALIFICATIONS - LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU ~~ R. ~, e,e Ck1ë<... . -=t"1l . ISeu'L CCA.Jï12~TCf2.- C ~tc'P6~ GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION P~De-...Jí e; Cç: D ~ CuL~ GTA. - H.O.J çTCkJ 1)(.. . DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUAL1FY VOU TO SERVE ON THIS BOARD ~A\.. Et'o~~ t:>E\.ÆLc>~. ~~, ~ h\ ~~~ ~ ~ ~~s. PLEASE ATTACH A BRIEF RESUME. r HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. I.~ ÂJ./.... 1(/2 3-/ t¡~ (I SIGNATU~ v DATE 4/90 ,. j.., ·, JAMES A. GRIFFIS APT. 9-G EDUCATION: Bachelor of Science (Civil Engineering) 1986 - 1991 Semi-retired. Owner's representative for the development, leasing and management of two office buildings in Boca Raton. 1981 - 1986 President and Chief Executive Officer of a real estate company in Houston, Texas. This company developed, leased and managed real estate in downtown Houston. The properties were owned by the company' and consisted of over three million square feet of office space, a 250-room hotel and various tracts of property in Texas. . 1971 - 1981 Vice President of Turner Construction Company and President of Turner Development Corporation, a wholly owned subsidiary. Turner Development Corporation developed, leased, and/or sold office buildings and condominiums throughout the United States. We took the projects from site selection, the selection of architects, financing and construction. In the case of condominiums, we set up the home owners association and ran that association until the property was turned over to the owners. 1971 - 1981 Vice President and Director of Arthur Rubloff & Company in Chicago. This company was a full line real estate company that developed property but also had an extensive brokerage and management operation that managed many office buildings and thousands of apartments. I have personally developed condominiums in the Chicago area and have lived in a condominium since 1978. We bought Unit 9-G in The Barrton in 1972. Member Board of Directors of The Barrton 1987 - 1990 Treasurer 1988 President 1989 - 1990 .. "', ., CITY OF DELRAY BEACH . BOARD MEMBER APPLICATION NAME HOME PHONE J7) -61C,1 BUSINESS PHONE J J '1- hiD J I 2 ' f1aH/~fl() rt 7 I ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ;r}t~~j- ()f P~a..h~~ ~axd. LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) /LeY'LL . EDUCATIONAL QUALIFICATIONS a ~ tS7t-ILS IIoUÆ ,.vC{;ü éD<mmD 10 . ,.. - L~5T ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD KÐlL l~ I:r~ / -VE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION o 1M /l/' G~ / ' ( Ok:( So ( c' ~ ~. f<ÐJrl [~_ ~(~ DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD . -6. Ii£s (1' æ ) t.XYtçW J 11J.J¡S ~ ék..",.J.ø..~- &Ow^, (þ1]C'f_ SP('~~- é\d¡rðLh~ ~~ +Q~/ ,4{.l ~c:k. o(j~ ~Dt10 fMJ);) ~J~D~ - ( \ PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- \ TuY CAUSE _FO, FEITURE ::: MY FART OF ANY APPOIN¡~ì ~y RECEIVE. / I DATE , '^'" 'r ,. Adele Siktar King 381 Bishop Drive . Delray Beach, Fl. 33445 Job Objective Board Volunteer Qualitication Highlights * Enthusiastic team player * Outstanding Communication and listening skills * Ability to achieve co-worker and client confidence Employment 1991-Present Realtor William A. Nichols R.E. 640 E. Ocean Avenue Boynton Beach, Fl. 33435 1991-1987 Receptionist,Hostess,Secretary, . Showroom helper Strauss & Wassner 3200 South Congress Avenue Boynton Beach, Florida 33436 1987-1984 Secretary Spady Elementary School Delray Beach, Fl. 33444 Education Formal: Parkway Techinal Inst. Pittsburgh, Pa. Certificate Labortory Technician Personal 5 years of Board of Delray Beach Orchid Society 2 years President of said board Married, children (step) .. ~", Rµ: . c}, Ý, (2 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION . NAME Richard Peter LiCastri 4223 Palm ForeRt Drivp nplr~ã Rp~rh Fl ~~44~ HOME ADDRESS (Street, City, Zip Code) LEGAL RESIDENCE) 3737 N.Federal Hwy. Delray Beach Fl.33483 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) (T~son REalty I 278-8700 HOME PHONE (407) 637-0717 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING HnnRing :a.nthnrity LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) . EDUCATIONAL QUALIFICATIONS New York Institute Of Technology Licenced Realtor/Associate, Licenced Mortg~gp Rrnkpr~gp Business LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Same As Above GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION American Affordable Realty, Self Employed Mortgage Broker DESCRIBE EXPERIENCES, SKILLS OR KNO~~EDGE ~ffiICH QU~lIFY YOU TO SERVE ON THIS BOARD I am very Knowledqeable In Th~ Real F.st~tp Field And Serve On Thp P\\hlir ~~19tjOtl& ROçrd And 'T'be bLL.5. ( Mnltiplø T.is;titl') !=:ø,....tTice) BOard For TR9 D91ray R~acb BOard PLEA~1 A~Tf¿'l9..råÞ..IEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. SIGNATURE DATE .. 4/90 " ~'.. RESUME RICHARD P.LICASTRI 1979-1987 I WAS ENGAGED IN THE PURCHASE OF OLDER HOMES IN THE --------- NEW YORK AREA FOR THE PURPOSE OF REFURBISHMENT AND RESALE. DURING THAT PERIOD I CONTRACTED SIX HOMES AND ALL WERE SOLD. I ALSO WAS ENGAGED IN NUMEROUS FINANCING ARRANGEMENTS FOR THOSE PROPERTIES. 1987-1992 --------- MY WIFE AND I RELOCATED TO SOUTH FLORIDA TO CONTINUE . OUR PURCHASING, REFURBISHING AND SALE OF LOCAL PROPERTIES. AT THE SAME TIME I BECAME EMPLOYED BY FIRST NATIONWIDE BANK, A FORD MOTOR COMPANY DIVISION, AS A LOAN OFFICER. AND WENT ON TO WIN NUMERUOS AWARDS INCLUDING LOAN OFFICER OF THE YEAR FOR 1988. ALTHOUGH NOT NEW TO REAL ESTATE I HAVE OBTAINED MY REAL ESTATE SALESMAN LICENSE in 1991 AND HAVE PLANS TO OBTAIN MY REAL ESTATE BROKERS LICENSE IN APRIL OF THIS YEAR. I PRESENTLY OWN A SUCCESSFUL MORTGAGE BROKERAGE BUS- NESS IN DELRAY BEACH AS WELL AS BEING ACTIVE IN LOCAL REAL ESTATE. I WILL BE HAPPY TO PROVIDE REFERENCES UPON REQUEST. ~ ~'I. CITY OF DELRAY BEACH /tG c://l¡/r¡ J BOARD MEMBER APPLICATION " City, Zip Code) HOME PHONE ift¡.J .-=-'1 If -3 / BUSINESS PHONE . i..s::)"-~J·£:3 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING I' /I.. 4, p/lLnl1ìY1rt 1nn,'nj t·, t~ ~t~ ' ~~ ~. ~ )b i I} () e .. 't!.L< e a' . hu . -}~ L f~L _._ :~ - _ ;/~~ ; --:ç;, :~c. lÚL' 1\ -Se~VILC LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) /Vjt. . . EDUCATIONAL QUALIFICATIONS (-¡;:¡,~ a ~ f }¡~f /) r of LS<i.i~rr_0 . V-e.c¡ (-t.f...- ¡ VI ~~j!J :/f~ J LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD ~I( 1- GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION /J./1'1'. &11 ~ 6f2tj ht ~d öf d .[)cJf1ty r!.o f.11fWSS /,}yfP1%, DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS t~ h~~ ~ 1~ -;t:~':::¡j~:;:::t~;:!J:;;::; 50 PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 1~~¿J\IxvM¿] ~/¡j¡ 4/90 It 1·"'; " CITY OF DELRAY BEACH BOARD MEMBER APPLICATION . NAME -' t' / æ~-vfí -7( 3 J (.; !tÝ /' HOME PHONE ~!2-1¿¡6}- BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~ (j2~/ ~:)VY?k7;0 CIU,) 5e r U j é f ~oa rei ~ Cln\{ boú-r~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ~~~~ ~ "7 ec;~ i~ G3rz~ / '-h-< (µ4~ 1 . EDUCATIO~AL QUALIFICATIONS '" k ~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD tÐt;t'~_.~~Ø~~;t-3~ . GIVEt OUR PRESENT. OR KOST RECENT EMPLOYER. AND POSITION ~L-- (*~ ~ - k, ~' ~~..- Jr4hvJ ~0 DESCRIBE EXPERIENCES. SEILLS 01 KNOWL£DG~ WHICH QUALIFY YOU TO SERVE ON THIS BOARD k ~ PLEASE ATTACH A BRIEF~ I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND THAT ANY KISSTATEMENTOF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~ ~pð/ fj¿ , '. ".9-. ~ SIGNATURE / !jATE 4/90 o. j",. ,. RESUME * P~op~ieto~ of a p~inting Business in the financial dist~ict, NYC-25 yea~s. . - Memb.r of thê Amêr1can Red C~oss fo~ the du~ation of Wo~ld Wa~ II.Ambulance Attendant, Fund Raising, Ca~ing fo~ the Blind, Wounded & Handicapped. * Ai~ Wa~den-Secto~ Commande~, Bomb Reconnaisance Agent, t~ained fo~ Chemical Wa~fa~e. * O~ganized the Centu~y Village Chapte~, AARP, West Palm Beach. P~esident fo~ two yea~s. * Elected to the National Confe~ence AARP at Atlanta, Geo~gia. * Elected to the San Diego, Califo~nia, Confe~ence AARP the following year. * Rep~esented the AARP at a Cong~essional Hea~ing at Miami, Flo~ida-1976 ~e: "Abuses in the Nursing Homes". The meeting was chaired By Senator Lawton Chiles and Cong~essman Claude Peppe~. * 1972-Chai~man of the Palm Beach Senior Citizens Council. * 1975-Pa~ticipated in the Swine Flu Epidemic P~evention P~og~am sponso~ed by the County Health Depa~tment. (Committee of 15) . * 1975-Appointed by County Commissioner Lake Lytal to the State Division of Aging, Dist~ict 9 HRS-includes Palm Beach, St. Lucie, Okeechobee, Martin and Indian River Counties. Chai~man for three (3 ) terms. * Chairman of an Ad Hoc Committee to erect five (5) Senior Citizens Centers in Region 9 HRS. Du~ing my tenure of of~ice our dreams came true. Lake Worth was #1 then North Palm Beach, the Glades, Martin and St. Lucie Counties. * Member of the Fo~um Club in West Palm Beach. * 1977-Moved to Delray Beach. In the printing business for five (5) years. * 1980-P~esident of the Delray Beach Chapte~ 2036. . * 1981-Appointed by Governor Robert Graham to the 1981 Conference on Aging. * Elected Senator of the Silver-Haired Legislature, Dist.26. Served 3 terms. ~ 1982-Membe~ of the Delray Beach Chamber of Commerce. 1983-0~ganized the first Democ~atic Club in the City of Del~ay Beach. Se~ved two (2) te~ms. * O~ganized the Gove~nment Give-Away Cheese p~og~am. * Organized the Logge~head Club, a South County Forum Club in Delray Beach. * Organized the Human Relations Committee for the City of Delray Beach. * Se~ved on the Civil Se~vice Board and late~ on the Code Enforcement Board. * Resource pe~son of the 1st School of Gerontology of the College of Boca Raton * 1986-Chai~man of the Advocacy and Legislative Committee of Alzheime~'s and Related Disorde~s. Responsible fo~ an awa~d of $300,OOO.from the State fo~ the County and a grant of $10,000. from the United Way of West Palm Beach. * Volunteer Assistant Teache~ in the G~aphic Arts Department of Atlantic High. * 1989-Finalist in the National Sc hoo I Volunteer Department (NSVP) * 1990-Voluntee~ing for the Police Department of Delray Beach. * Voluntee~ing at the South County Courthouse. .. 1;'1 ., CITY OF DELRAY BEACH Iu- . ¡/d3)¡ð BOARD MEMBER APPLICATION Iff NAME Richard L. Eckerle 382 S.W. 27th Avenue, Delray Beach, FL 33445 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) retired PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 278-2328 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING . Site plan review board Cêf1 . ßoa.rd M' ~u~t'm{"~1: ./ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) CAB, alternate member from 11-17-87 to 7-25-89; regular member. 7-~5-89 to 8-25-91 EDUCATIONAL QUALIFICATIONS . George Washington Iniversity, Business Administration 4 years - 1951 LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION W.R. BonsaI Co. (cement products) 1951-1984, sales and marketing director DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD With BonsaI company, I was responsible for promoting their products to distributors, general contractors, architects and engineers; served on Community Appearance Board from November 17, 1989 until current time PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-' TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. -R:l~.JJ f. ~ ~ ~? 19'?-ò SIGNATURE DATE J 4/90 ,. ¡"" . .~ .' . ¡. Education: College: University of Cincinnati 1939-1940 George Washington University 1938-1939 George Washington University 1947-1951 plus special seminars on cement speciality products and finishes over 33 years, I was with W.R. BonsaI Co. Military: U.S. Army - Counter Intelligence Corp 1942-1945 Professional Experience: Family business until November 1946, at which time I returned to college to finish my ed- ucation Sales and marketing to the construction industry with W.R. Bonsal 1951-1984; . Bonsal Co. (1) mines sand and gravel (2) manufactures cement speciality products such as tile cements and grouts, , stucco finishes, waterproofing cements, asphalt mixes, bonding mixes for cements, concrete mixes, etc. Community Involvement: Lived in South Florida since 1955 1- Served on Town Council, Hollywood Ridge Farms, Broward County for 4 years (now part of Pembroke Park) 2. . Vice-President of Ives Estates Civic Association, Dade County 3. Elected to Broward County Committee '''^~ (Rep.) 4 years 4. Elected to Dade County Committee (Rep.) and served as Chairman of membership committee until I moved to Delray Beach in 1979. 5. Served on Palm Beach Republican County Committee 2 years (Continued, next page) ., , .' . (6) In the Wood lake Community, member of Board ~, of Directors of Homeowners Association, 4 years; President 1 year (7) Current President of Men's Club, last 2 years (8) Member of PROD (Progressive Residents of Delray) since the group was organized, currently Vice President (9) In Broward County, served 2 years on Committee of Quality Education, appointed by the School Board to study their total education system, committee made up of 65 community leaders from geographic areas (10) Served on Visions 2000 Committee and worked with Decade of Excellence Bond Promotion I have enjoyed being a member of the Community Appearance Board the past 3 years (I have missed only 1 meeting in the past 2 years - I took a vacation). I visit and study all location on the agenda before the meetings. . I also attend City Commission meetings, which keep me informed of the policies and wishes of the City Commission. ~ ..u¡, ,. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 'I - - NAME John D. Goodman, Jr. 2005 North West 3rd Avenue, Delray Beach, FL 33444 HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE) 1008 East Atlantic Avenue, Delray Beach, FL 33483 PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) HOME PHONE 272-5262 BUSINESS PHONE 278-2628 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Code Enforcement LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) . EDUCATIONAL QUALIFICATIONS B.A. Virginia Wesleyan LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION Gringle, Doherty & Wheat Realtors, Inc. Sales Associate DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMEN OF MATERIAL FACTS CONTAINED IN THIS APPLICA- MAYC SE FO EITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ¡ I b) t~E 4/90 Of " " ROSALIID L. MURRAY 4240B Village Drive Delray Beach, FL 33445 (407) 495-4431 PROFESSIOIAL DPERIDCI Minority/Women's Business Enterprise Coordinator, Pal. Beach County, PL 7/88-present - Develop and implement M/WBE program in accordance with M/WBE ordinance. Provide certification, monitoring, and compliance expertise to M/WBE's and county entities. Serve as liaison between Board of County Co~ssioners and minority business community. Prepare public relations materials on M/WBE proqram, such as brochures, directories, and handouts. Organize seminars to educate county employees on the benefits of program as well as MBE's. Provide technical assistance to M/WB!'s, assist them in the development of their business. 6/86-7/88 Marketing Specialist, lendall Square Associates - Develop mårketing plans, business plans, and productivity analysis for small business. Prepare analysis through use of computer generated data and demographics. Identify marketing trends that effect small business. Advice clients of areas of market strength and weakness. - Interact with civic and corporate organizations on behalf of client base. CODIIunicate with Purchasing Representatives; encourage sponsorship of proqrams that benefit clients. Develop and implement goals for use in client procurement programs. Organize seminar~, trade fairs, and workshops to educate small business in the areas of Marketing, and Management. 5/85 -6/86 Sales Specialist, Burdines DepartleDt Store - Analyze product market trends for dress department. Prepare survey instruments; develop in store product reports. Liaison between sales floor and buying office. Compile data used by Buyers to forecast future buying seasons. 1/84-2/85 Public Relations Manager/Marketing Consultant, Greater Pittsburgh Business DeveloPIIDt Corp. - Responsible for conceptualizing, writing copy, and editing all corporate publications including Annual Reports, brochures, advertisements, signs, calenders, 'and award fliers. Conceived and implemented public relations proqrams and media blitzes. - Responsible for preparing marketing plans, feasibility, and marketing studies for clients. Analyzed demographic, industrial, and computer generated data. Identified client target markets. Analyzed competition in given areas. Developed market research survey instruments. Developed pricing, advertising, promotion and merchandising strategies. Supervised monthly Departmental bi 11 ings . Prepared Marketing Group reports for Quarterly and Annual Reports. 9/82 - 12/83 Marketing lsIistant, Greater Pittsburgh Business Develo~t Corp. . Prepare marketing and operational plans for use in small business loan applications. Assisted in all phases of official corporate communications. Prepare copy for client brochures. Wrote resource book on financing available for small business. EDUCA'fIOI B.S., HallPton University, HallPton, VA 8/76-5/80 Major: Marketing COMMUII'fY AC'fIVI'lIIS Leadership Pal. Beach 1990 Ft. Lauderdale Junior League 1990 Minority CUltural ConsortiUl Board 1990 Council for Black EconGlic DevelopllDt Board/Public Affairs Chair 1988-present Amputees for Training, Education, and Rehabilitation 1988-1989 'f ,." " -...- - . -- CITY OF DELRAY BEACH BOARD MEMBER APPLICATION I a I NAME 33 t¡ t;rJ BUSINESS PHONE ál7¡)..-If/{YO ON WrÞ11?1 tI;' 'Ir LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTL Y SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) M'iJ..bòrj¡ð~d ;;;'/é --- 1JJJ-1J. b;Q rd /;4 -$rC-L EDUCATIONAL QUALIFICATIONS ~ fAA _1.2 Á <; rAß~/ . a - LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD XPERIENCES. SKILLS DR KNDWLEDGE WHICH ~FY YOU TO SERVE ON THIS I f I YIp!",' £'-1 dCL r rId- PLEASE TTACH A BRIEF RESUME. 130a ð¡:' e ..1- ~ ?;WI¡¡ I HEREBY CERTIFY THAT ALL THE ~O~ ~~fElœNTS' ARtl.fi.!t.. ~r A~i';.(rP ~ UNDERSTAND THAT ANY MISSTATEMENT .OF MATERIAL FACTS CONTAINED IN THIS APPLICA- ~('~ TION MAY CAUSE FORFEITURE UPON OF ANY APPO~NTMENT I MAY RECEIVE. ~~ . {Í ~f/'J 2- 4/90 '. ,;'¡, " -'==) CITY OF DELRAY BEACH BOARD MEMBER APPLICATION S\d.,V\e~ s. 5 0 louJ~ ·NAME l &~~ ]'\\..LO, \ ~ ~~. C b lo~ 'DeÅ~ --:ð~ "?J ~ 4-~.r HOME STREET ADDRESS, CITY, ZIP (LEGAL RESID NCE) N~Ntr PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ~1~-I;i?» .s~e.. HOME PHONE BUSINESS PHONE ON WHA~RDS ARE. YOD 11ERE~ED ~~SERVrG ~)G\.~6Ï1~ ~\IM. ')."'~II\I ~~ ,...- ~('') cw- ð ~ lt~ Ul..e C YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY \"-e,,,,~ C~W\.~' tte'~ ~ a~t\ '" \ ~ eM ~ a~ - , ._ EDUCATIONAL QUALIFICATIONS '),...!1 ~ dc;t~"" ( --, LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. _ _ ___~ f:Þ AJ ,;' ------- GIVE YOUR PRESE~T, ~MOST RECENT EMPLOYER, AND POSITION ~Q, \C'r e,v.L~~~ DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. '-l1~ 0,", ")o..V\r~~'1 1"" ).O~~~ bo~. -- - PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. /1/3/90 ~~J ~T~ - __~J~_________ DATE 7/91 ~ ~ 0, ..u" ,. ß//o/2.¿/QÙ ì~ , , .. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION . NAME _W~ l(M ~N~ \ 0 L tv _E ~+h S;- {' e..e.,,1' 0 ß ~ L 31~c.¡ Y ~OME ADDRESS (Street, Ci~y, Zip Code) (LEGAL RES~DENCE)I ) 'fi{¡'<' 5kMø-t; f 61 if d tIJ f 6 F(· 33'(15- PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 41 q-, 50~O BUSINESS PHONE 2?' .,.( 'f '13 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING -- b~ ð¡:. Atf~ CEß ., ß OA ./ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) IV I Æ- EDUCATIONAL QUALIFICATIONS A.s. f1rí fí~rJA ~ . - . LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD CH- 6tfroLf5u¡ GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION j/a.M. t~~~'f ~ ~I , ~. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ~£. ~d£f¿ Ú/'sSí ' ~ {),ú5ìd\M... 3(j~' r/4Jf~ &t£ ~~Ø1. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. . ~- -.--- .---- -- vJ~ ~ ~-- IOlzz)~O SIGNATURE DATE 4/90 ,. loU¡. CITY OF DELRAY BEACH 4IÞ BOARD MEMBER APPLICATION NAME {!HIê/S e ST/ê-.4 ý flJð AI ¡Ç. Q£tJ,ec;£ Bi/5h ffJ..v/J J£L/êß Y &ACII Æ 33 VJI/-'/03¡; HOME ADDRESS (Street, City, Zip Code), (LEGAL RESIDENCE) 16/1 ~ ÆDf/&rL duy .l)~/¡ekr£rcJ(~ h- "337183 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE ~7 1- 9 713 BUSINESS PHONE 272 - D 300 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ;;3£dVÁ ßCd,17 Com ¡llv£, ¿~c{ COtL. & §/ZL-t£m£Jtl LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ~? . EDUCATIONAL QUALIFICATIONS () I It: 'If £ {¡~tJ. I . e LIST ANY RELATED PROFESSIONAL CERTIFICAT NS AND LICENSES WHICH YOU HOLD C(-I( ü; If '- lu 1£~to re- S'J ß rte..- - !4-/,€!.. j)~{; $'~ ~ '£hL £ð7'/fTf.- L/C'E.,A)S'¿ -' ßt· / ,¡ G V YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ç~,,'7/..s 'cJ.¿ ¿).A.J- 7Jr!/2/ft .ß<~ ,4d/ DESCRIBE EXPERIENCES, SKILLS OR ~~OWLEDGE ~ffiICHQU~lIFY YOU TO SERVE ON THIS BO~ ~ ' t '(ðft- 1'0 ~tJ ¡/j.AJ? 7ó 1£ ~r ¿,uA-ð "z::i) 1.1.;11 ò6te-ò' ~V ,1)ff/9,1/5", LTJ). - 5):7£CI4-L/2µ/~ JfA.} Ct/J7d..Þ1 Wlt ()¿S ;A.I L4 -r'/AJ 6 __ ALð"ô W ¿)Æ¡<l./) C¿t:JSEL f WIll-/- A1 Ý ,F4-Æ I¿I £:J CQ.A.,/S'T~(..I c rdAJ COÆ~)[.. ¡yV~ '~£i>.A/7 PLEASE ATTACH A BRIEF RESUME. ./'IA./ D l:>~1ICj./f/ I.A.J ~ ~ íT6crs. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTAT NT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY C SE FORFEITUR ON MY PART OF ANY APPOINTMENT I MAY RECEIVE. e~ ~ ¡¿ ~DA£ý¡/ff3 4/90 Ii' ~"', CITY OF DELRAY BEACH ~.. 0r" 0 BOARD MEMBER APPLICATION ~--~ " NAME 4J tlJ..Oµy ¡) t,L/ÎI2I à9/S:'C." N·w' /~¡¿Jý. J), ¿ÆIl- J./H h Ç-L· ) J l/ 1.1 -5- ~OME ADDRESS (Street, City, Zip Code) (LEGAL RESI ENCE) f!r ¿. I Y .¡; ..D PRINCIPAL BUSINESS ADDRES (Street, City, Zip Code) HOME PHONE [J/ 07) J, ?l./ o.i.6-J. BUSINESS PHONE -- ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ß t'J17t-Ò ðf M -- -- ~..r / fflPU "- Cf?-(J) LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) 130(j~~ O~ Adj"wí'/m"."i ~ EDUCATIONAL QUALIFICATIONS . LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD ¡ÙoJJ£ - f}s../ if-yo e LA--t.ef - fa - I3d· 0 f. II-cl¡1¿JÍ-tr>~1: GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION (j";:. /J . fì ctrrf"f~ ¡Jaî'e-/ýlAlj lv t/'- - /!-,s):) q~.u. A:!J~ft;.y /~CJYD})P-.Y../-I/ ¥/ . C4SU,4J..,l-tc C./A/M'j I' ( DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WH CH QUALIFY YOU TO SERVE ON THIS BOARD ~. r' -£ . ðu)Je~fe /AJ""'I/oIT) sJl,li.r HI i'Í. feŸ A/p.r /JJfU"ßPCr'(P~bpe...~ ~ LrÁbi·L,·t'f C../I7/~ ðf e.c.Jer-¡ J~í:I4,(f?' -iJltI...f ;¡/"'I>J{ ,1z. frJ / , ~~ u..rl(f¡.J1- Bd. ð,F !hI¡i. /;0-111 4.( A~ A~/~..,v/l/.,- -r reç''~;- /V~~¿8", ~ !fl PLEASE ATTACH A BRIEF RESUME. fhAv K Q.l,,{ I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. d~j {¿¿;. ~~ ...- SIG¢URE . /P -- /ffo DATE 4/90 ,. ,..I, 9/8/87 'lb: City Ca i.ssioners :rnt.erest:e4 J.j~ tam <d M~""t. 'aøtolîí~ City C1 . T . . r/f/f7 @ Attn: James Pennington, City Manager ~ City of Delray Beach, Fla. RESUME NAME: Anthony Veltri ADDRESS: 2915 C mv 12 St. Delray Beach, Fla. 33445 Phone: 272-0252 Edu,cation: High School plus courses in Business Admin. and Labor Management, Columbia Univ., N.Y. Career: 28~ years in General Adjustment Bureau - last ten years as Executive General Adjuster, NYC, handling all types of insurance claims (property and casualty) . Community Service: Kiwanis Club, Lions Club in Baldwin, N.Y. Served on Coconut Creek City Council as Councilman for three years and Vice Mayor one year. While on Coconut Creek Council, appointed applicants . b d including Board of Adjustment. to varIOUS oafìs Helped to plan shopping plaza and zoning in Coconut Creek to accomodate citizens within zoning regulations. Annexed land to City of Coconut Creek. Instrumental in getting more serviceable roads in the city (extension of Atlantic Blvd. and new access road to Broward Community College. Served as president of association at Wynmoor Village four years and Director of Master Assoc. (Rainberry Bay for two years. Personal References: Mr. Sidney Gelfand, 3105 NW 15 St, Delray Beach Mrs. Christine COble(former Mayor and present Councilwo man 243 Sunshine Drive, Coconut Creek, Fla. 33066 Of "", . - ~ . -- CITY OF DELRAY BEACH ;1~Ä~ BOARD MEMBER APPLICATION . NAME - ~. tJræ!AN f-f1 s. fJr;f- ~ 3Jtf'f? HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENC ) /Y 0 tlL PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE ifo1- "VJ g -1.s1 V BUSINESS PHONE tI oHL- ON WHAT BOARDS ARE YOU INTERESTED IN SERVING t> ~OA j C -S ß ; eet)S;x--funcl (5eh(,~ ' td 8r LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS CíJ~r£- ~DuATL - . B.). It! &J'O!UJ A-Ð }1/ HJfTf-Imo ~ - /1A-J 0 ~ 1 II . ~ÙHTl~6-- 1 LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD . . - LunEl¡:.Q P¡JBL.le- Atc.A<Jr-m.t!¡-<tféJ~ ì G~E YOUR PRESENT. OR M~ RECENT EMPLOYER, AND POSITION P M-nI £l?- V 1'>5 -.rCo M( fJlf.j J rJ'H G--mJ/, tI~1 DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS ] BOARD A-t-H 0 S--¡-- ~ '! f:-A ~ 0 F- f tJ B L.¡ c- ~ ù ffTTt-/ f- I H f1 AI-'j ~S 0 F- 1/'1 Ð II fTP...!. 11 !tÞS; (Tla t/ I WAS ~Jf-HAH oF- ~ BvAtJ> oF- ~-1JSTf1E"¡¡- PLEASJ 'iTTfcH' M.W:;tfsmJ(E-lJ - -J E../¿..n=-,/ Fop-,> éJ(4.AL 'I ~f...J T~ I) en-!1 cJc.#- ¡;; fW5J ARE TRUE, AND I AGREE I HERE Y CERTIFY THAT ALL THE ABOVE STATEMENTS 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. . ~ tJ~1 /C¡rO DATE 4/90 ,. 1'''11 ¡r' CITY OF DELRAY BEACH " BOARD MEMBER APPLICATION - -S-¡- 17 f'I J... 1:"1 WArS;<Y NAME / 7Ð9C. /'1/ ¡J ~~ /1 ¡/c DELi2 ~ y B é77' c I~ /i. 33~) HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) { ¡3D¡ IV ~N~ESS A)/F /3ðyt'Ý/Z',v13mcllh337'26 PRINCIPLE BUSINESS STREET ADDRESS, CITy,/ZIP ~ 7 ¡?,.ðo YS . ,~ .~-/',£ ð JO. HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU IC:~éST~lqNOSERVING " P¿d.#Mr/~~ 2Ð,N//V'G LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) i-) ü.rt /1""; R E'¿/9--r/ðr""r; C' H..-"t 1-J?J.t-/fl-/,v ~. . . EDUCATIONAL QUALIFICATIONS ..sr- :J¿; H tJJ' ¡/ lvl I J/' cR ..r I 77 /~ ~y .. --. - - - LI~T ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. t:9i L b~S77:ý-Z_~ -__ N /1$ D - L.. j) -rc. - .. r ----- GIVE YOUR PRESENT, OR MOST R~NT EMPLOYER, AND POSITION ,# C?C c!J .eJ't.v" T J:"'XëC(/;-",J f1 n- t1 Ð ~ ¿:> L.. ( 774' IV ~V .f (/ ¡€ /1 ¡,\/c F <:::::ð ;r ,P /'? /"" ("~ '~~. . . I HEREBY CERTlvr rBi' ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I HAY RECEIVE. "//'10 ~ . _ +/i!J>L___ ATE .. ~, I> " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGËRí!lVl SUBJECT: AGENDA ITEM it \OA - MEETING OF DECEMBER 14. 1993 ORDINANCE NO. 84-93 DATE: December 10, 1993 This is the second reading of an ordinance adopting Comprehensive Plan . Amendment 93-2 pursuant to the provisions of the "Local Government Comprehensive Planning and Land Development Regulations Act", Florida Statutes Sections 163.3161 through 163.3243, inclusive. Significant items in Plan Amendment 93-2 include amending the Future Land Use Map (FLUM) designation for the Taheri Property from Medium Density Residential to Transitional and a possible amendment to the FLUM for School Site "S". Other items include updates to the Infrastructure Master Plans, Annexation Element, Intergovernmental Coordination Element and Future Land Use Element. The Department of Community Affairs ( DCA) , Objections, Recommendations and Comments (ORC) Report wa s received on Oc tober 18th. There were six objections, three (3 ) relative to the FLUM Amendments for the Taheri and Blood's Grove properties ¡ one a minor wording concern in Land Use Element Policy B-3.3 (a) ¡ and two (2) with respect to consistency with Treasure Coast Regional Planning Council and State housing and land use goals and policies. To accommodate the objections raised by DCA, staff has proposed modifications to Amendment 93-2. Those items are addressed in the staff report attached as backup material for this item. The other items contained in Amendment 93-2 were approved as submitted. The Planning and Zoning Board at their November 29th meeting recommended approval of the modifications and recommended that the territory annexed into the City (Sunset Pines, Discount Auto Part, Spodak Medical Center) also be added to the Plan Amendment. Recommend approval of Ordinance No. 84-93 on second reading, to include the Sunset Pines, et al annexation. ~ ., ¡)Þ\ zJ1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER (-'---, \_,~~J~ FROM: DAVID ~. KOVACS, DIRECTOR PLANNING AND ZONING DEPARTMENT SUBJECT: MEETING OF DECEMBER 14, 1993 ADOPTION OF PLAN AMENDMENT 93-2, PUBLIC HEARING ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of holdinq the required public hearing and approvinq (adopting) Plan Amendment 93-2. . B A C K G R 0 U N D: First reading of the Adoption Ordinance occurred on December 7, 1993. At that time, the complete background material and documentation was provided along with an analysis. Attached to this documentation is the Ordinance and its exhibit. The exhibit contains only the specific changes to the Comprehensive Plan. The changes are shown through underlining of new material and strike-through of mátétlál wKltK l~ ~élété~. Figure OBJ-l has been modified to reflect the information prov ided by letter of Carol Stanley as presented during first reading. PLANNING AND ZONING BOARD CONSIDERATION: The attached exhibit reflects the previous recommendation made by the Planning and Zoning Board. R E COM MEN D E D ACT ION: By motion, after a public hearing, approve (adopt) Plan Amendment 93-2. Attachments: * Ordinance 84-93 with exhibit T:\advanced\ADOPTS '. ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 93-2 PURSUANT TO THE PROVISIONS ~F THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS .MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 93-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government Comprehensive Planning and Land Development Regulation Act; and . WHEREAS, via Ordinance No. 82-89 the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS the Planning and Zoning Board, as Local -, Planning Agency, did prepare an amendment to the Comprehensive ( Plan entitled "Comprehensive Plan Amendment 93-2"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on June 14, 1993, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 93-2 be adopted; and WHEREAS, proposed Comprehensive Plan Amendment 93-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 93-2 was held by the City Commission on June 22, 1993, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, a report of Objections, Recommendations and Comments has been received from the State Department of Community Affairs and said report has been reviewed by the ( Planning and Zoning Board, as Local Planning Agency, and is the basis for modifications to the proposed Comprehensive Plan Amendment 93-2; and '. ,. WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 93-2 was held on December 7, 1993, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE> CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local government Planning and Land Development Regulation Act". Section 2. That in implementation if its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 93-2", which is attached hereto as Exhibit "A" and incorporated herein by reference. . Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 93-2". 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 all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon issuance of a final order determining the adopted amendment to be in compliance in accordance with Florida Statutes Section 163.3184(9), by the State Department of Community Affairs, or until the Administration Commission issues a final order determining the adopted amendment to be in compliance in accordance with Florida Statutes Section 163.3184(10). - 2 - Ord. No. .. ,. PASSED AND ADOPTED in regular session on second and final reading on this the 14th day of December , 1993. MAY 0 R ATTEST; Acting City Clerk First Reading December 7, 1993 Second Reading December 14, 1993 . JW\Advanced\ORD93-2 - 3 - Ord. No. '. ,. COMPREHENSIVE PLAN AMENDMENT 93-2 PUBLIC FACILITIES ELEMENT 1. Location: Pg. III-B-6, last paragraph, under Facility Capacity Analysis - Water Treatment Plant Facility Capacity Analysis - Water Treatment ·Plant: The design capacity of the water treatment plant is established by it's clarifier capacity which is 2Øl' 27.2 MGD. The current demand at the plant is approximately 13.2 MGD. The level of service is established at 195 gpdc (gallons per day per capita) daily average demand and at 263 qpdc peak demand. · Under existinq conditions the facility is . operating under capacity (13.2 MGD demand, 17.5 MGD @ peak demand; 2Øl' 27.2 MGD capacity) · At the end of the first planninq period (FY 94/95) the plant will still be operating under capacity (14.0 MGD demand, 20.1 peak demand; 27.2 MGD capacity, clarifier added in 19891990). · At build-out (year 2000), the plant will still be operating under capacity (14.5 MGD demand, 21.9 peak demand; 27.2 MGD capacity) · Presently 2% of the water processed at the water treatment plant is allocated to the Town of Gulfstream. At build-out that proportionate share will be reduced to 1%. The share of the City's treatment plant capacity used by the City is 98% at present. 2. Location: Pg. III-B-27, Policy B-3.2 PølIrtf S-¡'-/'/2 'lKé 'I. I t.f 8Káll Iri8~té t.Kát. 8~ttIrtIérit. tøri~lri~ I8 áýáIlá~lé t.ø 8ØPPØtt. á ~øri~ I88~é tøt tIriárirtIri~ øt t.Ké tIriál 8t.á~é øt pláririé~ wát.ét t.téit.øérit. plirit. éxpiri8Iøri t.Ktø~~K i téýIéw øt wát.ét Iøpirtt. téé8 (rtøririértt.Iøri rtKit~é81 iri~ t.Ké ~értlIriIri~ pøp~lát.Iøri ~tøwt.K tit.é i8 tétlértt.é~ Iri t.Ké lári~ ø8é éléøérit.I 'lK18 téýIéw 8Kill ørtrt~t l'tttlé~lit.élf ~pøri rtøøplét.Iøri øt t.Ké rtøttérit. éxpári8Iøri ptø~táø (t.ø 2112 ø~~11 It i 8Køtt.till I8 ptøðértt.é~ át. t.Kit. t.Iøél iri Irirttéá8é Iri t.Ké Iøpirtt. téé 8Káll ~é løpléøérit.é~I (Deleted by Amendment 93-2) Page 1 '. " 3. Location: Pg. III-B-27, Policy B-3.3 Prf>llti 8-1313 Ptlrf>t trf> ~ézl~ri rf>f tMé flriál ztá~é rf>f pláririéf4 ¢átét ttéátø\érit plárit éxpárizlrf>ril á tééýál~átlrf>ri rf>f trf>tál tápátltt zMál1 kSé ø\áf4é táXlri~ lritrf> áttrf>~rit tMé éfféttz rf>f trf>rizétýátlrf>ri éffrf>ttz (Prf>lltt 8-131111 (Deleted by Amendment 93-2) . . Page 2 '. " FUTURE LAND USE ELEMENT 1. Location: Pg. III-G-25, Objective B-3 Objective B-3: The City of Delray Beach shall _provide facilitiesl áš øppøšéc4 tø and limited services for that area within its planning boundaries . which is not yet annexed. ~kit The City shall annex such properties in a quick and orderly manner. This objective shall be accomplished pursuant to the following policies: 2. Location: Pg. III-G-25, Policy B-3.1 Policy B-3.1 Services shall be provided to unincorporated areas upon annexation and they shall be at a level which exists for land uses elsewhere in the City under the same or similar . conditions. However, an individual service (e.g. fire protection, code enforcement) may be provided to another jurisdiction through an interlocal agreement. 3. Location: Pg. III-G-25, Policy B-3.2 Policy B-3. 2 Water and sewer !'.facilities 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. 4. Location: Pg. III-G-25, Policy B-3.3a Policy B-3.3a The City has petitioned Palm Beach County to make changes to its Future Land Use Map (FLUM) in order for there to be consistency between City and County FLUM designations within the Delray Beach Planning and Service Area.tøt éštá~llš)hñér\.t øt ár\. lr\.tét~øiétr\.mér\.tál á~téélÍlér\.t t*tøki~* w*lt* t*é eltýlš !'kitkité tár\.c4 ~šé Máp wlll ~é t*é øttltlál lár\.c4 ~šé lÍláp tøt kir\.lr\.tøtpØtátéc4 Zár\.c4 wlt*lr\. t*é eltýlš 'láririlri~ áric4 Sétilté Atéái Once consistency is achieved, the City shall petition for an interlocal agreement wherein provisions shall be made that the City's FLUM designation shall be in effect immediately upon annexation of a specific parcel. Following any annexation, the Future Land Use Map, and Page 3 '. " appropriate portions of the Comprehensive Plan, shall be amended to reflect the change in the City's boundaries. 5. Location: Pg. III-G-25, Policy B-3.3b Policy B-3.3b Tð~IISr!. éxé¢~tillSri lISt ~~¢K ár!. á~téémér!.tl tKé ellS~r!.tf øKáll ámér!.~ it~ illSr!.ir!.~ ¢1IS~é tllS ~tllS'¡i~é/át á i1ir!.ii1~i11 tllSt ~té'¡'á~~li¢átillSr!. té'/iéw ár!.~ ¢1ISR'uñér!.tl 't>f tKé eittl lISt ellS~r!.tt ~é'¡éll1S~mér!.t á~~lirtátillSr!.~/ KIISwé'¡étl it i~ tKé iritérit IISttKi~ éttllStt tllS éttértt á ttár!.~tét lISt ~lISwét tllS tKé eitt tllSt lár!.~ ~~él illSriiri~1 't>~il~ir!.~1 ár!.~ rtllS~é ér!.tllStrtéi1ér!.t t~r!.rttillSr!.~/ 'ir!.álltl ~~IISr!. éxért~tillSri lISt ø~rtK ár!. á~téémér!.tl ~tllS~éttt mát ár!.r!.éx tllS tKé eitt ár!.~ ~é'/éll1S~i1ér!.t mát þtllSrtéé~ witKIIS~t tKé r!.érté~~itt lISt ái1ér!.~i1érit tllS tKé eitt'~ ellSi1~téKéri~i'¡é Plár!./ For purposes of implementing Policy B-3.3a, the Future Land Use Map designations as initially contained on the City's . Future Land Use Map upon adoption in November, 1989, (and as formally amended subsequently) are 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 Policy B-3. 4 The City shall during '1 92/93 the period of FY 93/94 through FY 94/95, it rillSt ~lISlISriétl through its Department of Planning and Zoning, shall undertake ii1~léi1érit the following program for the annexation of remaining eligible properties: . preparation of an "urban services annexation report" as required by Annexation Statutes for each of the riirié remaining designated annexation areas: * i~érititi¢átillSr!. lISt éá¢K ~átrtél wKirtK i~ lIS't>li~áté~ tllS ár!.r!.éxátillSr!. tKtllS~~K á wátét øét'¡i¢é (ár!.r!.éxátillSr!.l á~téémér!.tl * ¢lISritá¢t witK éártK IISwriét lISt IIStKét t>átrtél~ witKir!. tKé ár!.r!.éxátillSri átéá tllS ~éé It tKét will ýllSl~r!.tátilt páttIrtit>áté iri tKé t>tllS~lIS~é~ áririéxátillSr!.1 . working in concert with the Palm Beach County Planning Department address the annexation of improved property which lacks adequate sewer, water, street, and/or drainage facilities pursuant to the Palm Beach County Annexation Incentive Program; Page 4 '. " . proceed with annexation, pursuant to Florida Statutes for voluntary annexations and for the involuntary annexation of qualifying enclaves; . accommodate individual voluntary annexation~ t~étéáttét as the opportunitiesý arise~. The designated annexation areas are: -#1 North Federal Highway #2 Southeast of Linton and Military Trail #3 Southwest of Linton and Military Trail #4 East of Military Trail, north and south of Atlantic Avenue #5 West of Military Trail, north and south of Atlantic Avenue (less Country Club Acres and High Point of Delray West) #6 East of Military Trail, north of Lake Ida Road #7 High Point of Delray West, west of Military . Trail #8 Country Club Acres, west of Military Trail #9 The Hardrives holdings off Congress Avenue 7. Location: Pg. III-G-33, Policy C-4.7 Pølltf rtfll1 T~é rtlttl 'ØI'ØIAII árf.ø t~é fllP-IAI ~~álll lrf. 11 91/921 øéiéløp á ptø~táø\ tøt t~é kSéá~tltltátlør\ j{r\1?1 ~~é øt állé1~ t~tø~~~ø~t t~é flS'ØI (Deleted by Amendment 93-2) 8. Location: Pg. III-G-39, Transitional Land Uses TRANSITIONAL LAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. When Neiqhborhood Commercial Zoning is placed within or adiacent to a residential area, such zoning shall be limited to two acres, or less, which is sufficient to accommodate the needs of an immediate residential neighborhood. While in others, it provides for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate. Residential development at a density between five and twelve units per acre, mobile home parks and apartment development in addition to condominiums, Continuing Care Facilities, A.C.L.F. , and various types of group homes are appropriate under this designation. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate. Page 5 ,. " INTERGOVERNMENTAL COORDINATION ELEMENT 1- Location: Pg. 111-1-6, fourth bullet under COORDINATION WITH SPECIAL DISTRICTS AND PLANNING AGENCIES. . Pðlm BéðtK eø»rittwl~é Plðririlri~ eø»ritllJ ., métKá1ilsm .¡. eø»1itý eKáttét piøýlsIø1i ., riðt»ié .¡. eø»rittwl~é plðririlriç ðri~ tøøi~lriðtIøri ðS It iélðtés tø tøritlltt iésøl»tIø1i ., tØritðtt i á~mIrilstiðtlýé ðmøriç pééisl t~é eItý Is iépiésérité~ øri tKé eø»ritll Søði~ 't>t ð Sø»t~ eø»ritt iépiésé1itðtlÝé ðt'¡'lðiçé ., ðttlÝItIés .¡. , Iritøimðl mé~lðtIø1i piøtéss , t~é psepe Is t~é IØtðl plári1il1iç áçéritý In Iristðrités ðS piøýIøéø Iri Its e~áitéi (Deleted by Amendment . 93-2) 2. Location: Pg. 111-1-8, under COORDINATION WITH SPECIAL DISTRICTS AND PLANNING AGENCIES. . Comprehensive Plan Amendment Coordinated Review: * mechanism - Interlocal Agreement - * nature - review of plan amendments proposed - - by any local government in the County - procedures for conflict resolution - * contact - elected official representation - - through the Palm Beach County Municipal League * activities - review of plan amendments - - early coordination and - consultation - conflict identification and - resolution - coordination among local - government Planning Directors . Multi-Jurisdictional Issues Coordination Forum * mechanism - Interlocal Agreement - * nature - Forum for addressing items of - - a multi-jurisdictional nature * contact - elected official is a member of - - the Forum * activities - issue identification & definition - direction for disposition - - - education and communication - Page 6 .. " 3. Location: Pg. III-I-14, second bullet under ANALYSIS AND RECOMMENDATIONS. JI Pálø\ Béát)1 (Z Izhtri t tw ,l G!é Plári,Uri~ (Zøkfrit,ll ff á~ø\,lri,l$ttát,lýé tøritátt ff t)1é PB(zP(z ~á$ ~ééri ,lri éx,l$térité tøt á $)1øtt pét,løG! øt t,lø\é áriG! )1á~ )1á~ tøkft ététkft,lié G!,ltéttøt~I _ It )1á$ tét tø ptøý,l~é á wøtK ptø~táø\ w)1,lt)1 ,lø\pléø\érit~ tt~ (Z)1áttétf$ t)1át~él tðrit,ll ~kft)1 ttø\é á$ á tttø\ pøl,ltt G!,ltétt,løri t~ ttéáté~ ~ý t)1é (Zøkfrit,ll áriG! tt$ áG!ø\,lri,l$ttát,lié ~tt)iáttøri $tá~tltié~' ,It ,l~ ptéR\át)ité tø á$~é$~ t)1é éttétttýérié$~ øt t)1é tøøtG!,lriát,løri ø\ét)1ári,l$ø\I . Multi-jurisdictional planning and coordina- - tion: Refer to Support Document #4 (Multi- jurisdictional Coordination) as provided with Plan Amendment 93-2 for a discussion of countywide planning efforts in Palm Beach . County, the establishment of a collaborative plan amendment review and issues program, and the manner in which the City of Delray Beach will approach implementation of the ELMS-III legislation of 1993. 4. Location: Pg. 111-1-16, first bullet under ANALYSIS AND RECOMMENDATIONS . Palm Beach County . intergovernmental agreement establish- ing the City's Planning Area and joint land use review program . -- via an inter local agreement and t)1éri amendment to the County Zøri,lri~ (Zø~é Land Development Regulations in the same manner that a similar action occurred with respect to former enclave areas. 5. Location: Pg. 111-1-18, Policy A-1.1. Policy A-I.1 X riøttté øt áiál.lá~tll.tý øf t)1é ~táft plári ~ø¢kfø\érit $)1áll ~é ptøil.~é~ tø éá¢)1 éritttt ll.$té~ tri t)1é triýéritøtt ~éttl.øri øt t)1l.$ Eléø\éritl Notification of proposed plan amendments shall be provided to all local units of qovernment in Palm Beach County and to affected service providers through the Formal Amendment Review Proqram. (cl) Page 7 '. " 7. Location: Pg. 1II-I-18, Policy A-1.2. Policy A-I.2 1~é Amendments to plans of adjacent units of government shall be reviewed ~~tlri~ tXé tøtttál (01f/,11.11 té'iléw ptøtéšš ári~ pursuant to the Formal Plan Amendment Review Proqram. á llšt øt tøritllttš ~étwééri tKéý ári~ t~lš Plári š~áll ~é tøttpllé~ ári~ ttárišttltté~ tø tKé téšpéttl'¡é á~éritléšl 1. pølltt štátéttérit á~~téššlri~ iøritllttš šXál1 ~é lšš~é~ ~t t~é f/,ltt f/,øttttlššløri ári~ ttá~é á pátt øt tXé té'iléw tétøt~' The City Manager, or his desiqnee , is authorized to issue a statement of "intent to object" when the actions of another municipality may affect the City of Delray Beach. Such situations may be analyzed by the Local Planning Aqency who shall recommend to the City Commission any formal objection which is to be made. (c7) 8. Location: Pg. 111-1-18, Policy A-1.3. . Policy A-I.3 Conflicts which may occur in the implementation of the City's Comprehensive Plan or which may occur in the implementation of the Plan of a neighboring jurisdiction shall be brought to the attention of the affected jurisdiction in order to resolve the situationPáltt BéátK f/,ø~ritt f/,ø~rittwl~é Pláririlri~ f/,ø~ritll tøt tté~látløri. If an early resolution of the conflict cannot be achieved, the item will first be taken to the Issues Forum for review and direction. If further resolution is still necessary, the informal mediation process provided by the Treasure Coast Regional Planning Commission shall be pursued by the City of Delray Beach. (c2) 9. Location: Pg. III-I-19, Policy A-1.6. Policy A-1.6 This objective and it's implementing policies shall be followed for ' each proposed plan amendment wXltX áttéttš á lé'iél øt šét'ilté štári~át~. 10. Location: Pg. 111-1-19, Policy A-1.7 Policy A-I. 7 Whenever a development proposal which involves a private land use petition that requires Local Planning Agency review or implements a development activity proposed in this Comprehensive Plan and it is located within one-quarter mile of the boundary of an adjacent unit of government, a copy of the development application or development activity description shall be provided to the affected unit of Page B '. " government "¢tløt tø ¢øri~ll1iétátløri 'tJ"/ tXé tø¢ál 'láririlri~ A~éri¢t immediately upon its receipt by the City of Delray Beach. In addition to the above notice please see the requirements for an assessment of any relationship in Policy A-1.S. (cS) 11. Location: Pg. 111-1-19, new Policy A-1.9. -Policy A-1.9 ( NEW) : In order to gain compliance with provisions of the 1993 ELMS-III leqislation, the City of Delray Beach shall work with and through the Multi-jurisdictional Issues Forum including the allocation of resources necessary to achieve compliance by December, 1997, or earlier. . Page 9 '. ,. AMENDMENTS TO THE FUTURE LAND USE MAP 1. Taheri Property: A change from from the Medium Density Residential designation to Transitional designation on approximately 35 acres of land known as the Taheri property. The property location and pertinent- site information is shown an the attached cover sheet of the supporting ?lanning and Zoning Board staff report. 2. Blood's Grove Property: A change on the Blood's Grove property which relocates and affixes 16 acres of the Community Facilities land use designation in the northeast portion of the entire site. Adjustments to the previous designations (deletion of previous C.F. designation location) are provided in response to the DCA's ORC Report. Attached is Figure OBJ-1 (excert from the Response to ORC Report) which depicts the resulting land use configuration. 3. Annexed Territory: A change in the City's boundaries, as . shown on the Future Land Use Map, to reflect the annexation of 11. 01 acres of land involving existing uses. The assigned land use designation of all the land is Transitional. The property location and pertinent site information is shown an the attached cover sheet of the supporting Planning and Zoning Board staff report. JW\ADOP93-2 Page 10 Of '. JLANNING & ZO--··,ING BOARD n , .,-" '- ~ITYOF DELRA Y BEACH --- STAFF REPORT --- . IEETING DATE: June 14, 1993 ~GENDA ITEM: II.A.a. rEM: Taheri Property - Land Use Amendment from Medium Density Residential to Transitional (DeLaAT 1"DWN COCTU) GENERAL DATA: L IN T 0 H . - - OWner. . . . . . . . . . . . . . . . . . . . MDL Realty Co. c\o Z. E. Taheri (toCA-llAT P'LAZA) (UMClI DAH"S IIUIISort) Applicant................Kieran Kilday AU. (UNTON ewes) Kilday and Assoc. (S0U'n4 ccum . Location.................East side of Military WDCTAL HULTIt Trail, south of Linton CDfT[JI) Boulevard. soun4 COIMTT PIlOt UIIOoüL PUZIo (1W.St I) aTY uwns Property Size............35.43 acres . city Land Use Plan.......Medium Density Residential Proposed Land Use Plan...Transitional County Zoning............AR (Agricultural Residential) Proposed Zoning..........A (Agricultural - Holding Zone) (IIÞCIOS ~ GIICM) Adjacent Zoning...North: POC (Planned Office .. ~ Center) ... East: AR (Agricultural ... - Residential - PBC) :a South: AR West: RS (Residential - Single Family - PBC) and AR Existing Land Use........Wholesale nursery. . Proposed Land Use........Wholesale nursery. Water Service............Existing 12" water main along Military Trail. Sewer Service............Existing 8" sewer main serving the South County Professional Plaza, to the north of the site. Il.A.a. '. ,. LINTON 8 0 U LEV A R 0 MD-R -' - « 0:: CF l- . LD-R MD-R >- 0:: « I- - -' - :::i LM: BlW. FIGURE OBJ-1 '. PLANNING ANL- ZONING BOARC.j .. CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: OCTOBER 18. 1993 AGENDA ITEM: IV.A. ITEM: ANNEXATION OF SUNSET PINES. DISCOUNT AUTO PARTS AND DELRAY MEDICAL CENTER >- ~ I "" < .... ¡ - ..J I - "ua..nc GENERAL DATA: <Nn.c...................... I"dl..'d.... U"It. 0..".1'. (...n..t. Pin.. Condoer"j".) DI.co"nt Auto '.et.a (Þlaco~nt. Aut.o '.ct.. Stor.) Myl.. en4 AzI.n. Spod.k (o.ll'.Y Medlc.l Cent.e Aq.nt....................Clt.r Inlt.l.ted yolunt..1'11y ann.~at.lon. LOc4tLon.................~oet.h or Atlantic Ay.nu., appro.l..ta1r 1/4 all. v..t. of aArvlck Ao.d. Pl'oport.y Sla.............ll.01 Ace.. City Land Ua. PI.n.......~r.~ltlo...l County Land Ua. 'l.n.....MA·' (M..ltlp'. 'aall, A.al0.ntlal) CH-' (C~rcjal vlth a I'.ald.nt.lal ~ul..a'.nt. of . unlt.a/acr.) Cure.nt County Zonln9....~ (Multiple 'aal1, aaald.nt.lal) - SUfUat. 'In.. . CG (C~rclel Çenal'al) - Dlacount Aut.O CHO (C~rclal HI9h Int.nalt.y Olllee) - o.lrer Medical Cent.er Peopoaed City Zonln9.....~ (~..Itlpl. Faall, A.aldant.lal - Medlwa o.nalt.r) - Sun..t 'In.a ~ ("eI9~ehood Coca.relal) - Dlacount .auto POD ('rol...lo"al Olflce Dlat.rlct.) - o.Ir.r Medical Cent.er . Adjacent Zonlnq..."ort.hl kS (SI"9Ie Faall, Ae.IOent.lal - Count.y 10"1"9) te.tl ~ (~oÞII. H~) anO HC Sout.hl toe (.I.nned Olllce Cant.er) and A (Aqrlcult.urel) w..t.: POI: Exlat.Lng Land U..........Aut.o '.rt. Stoe.. r.~lcal Of lice ,1.la .nd a ., unit. condoalnlua. . Wat..r S.rvlc.............r.l.tl". 12- v.t..r ..In alo"9 At.la"t.lc A..."u. .nd ." .- ..In a.rvln9 Sun.et. 'lne. Co~oalnlwe. S.wer S.rvlc..............I."".d .- .rw.r ..In alo"9 At.l.nt.lc IV.A. A..."". .,,~ .n ,- ..In .ervln9 Sun..t. PI nu Cor,..,..at nl we. '. " ¡ i . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Pi1 SUBJECT: AGENDA ITEM # ~~ - MEETING OF DECEMBER 14. 1993 ORDINANCE NO. 85-93 DATE: December 10, 1993 This is the first reading of an ordinance amending Chapter 33, "Police and Fire Departments" , Subheading "Pensions", of the Code of Ordinances by creating new Sections 33.685, "Deferred Retirement Option Plan" ¡ 33.687, "Early Retirement Incentive", and 33.689, "Retirement Benefit Enhancement". . This proposed ordinance creates the Deferred Retirement Option Plan, the Early Retirement Incentive and the Retirement Enhancement in accordance with the Agreement recently approved by the City Commission. The Agreement has been submitted to' the Pension Board, the Police Benevolent Association, the International Association of Fire Fighters, Major Rick Lincoln, Assistant Fire Chief Wigderson and City staff for review. As of this date, we have not received any comments adverse to the ordinance. Should comments be received requesting changes, the City Attorney will bring an amended ordinance to you at Tuesday evening's meeting. Recommend approval of Ordinance No. 85-93 on first reading. If passed public hearing January 11, 1994. . 1::<'/11-1 Cf3 ~- ~ '('!'If- ., " [IT\'- D~ DELRAY BERtH CITY ATTORNEY'S OFFICE ~lJU !'\\' 1st AVE!'UE . DELRAY BEACH, FLORIDA n~44 FACSIMILE 407/278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: December 9 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Police and Fire Fighter Pension Ordinance Amendment . Attached please find Ordinance No. 85-93 which amends Chapter 33, Police and Fire Department, "Pensions", of the City's Code of Ordinances. The Ordinance creates the Deferred Retirement Option Plan, the Early Retirement Incentive, and the Retirement Benefit Enhancement in accordance with the Agreement approved by the City Commission recently. We have submitted the Agreement to the Pension Board, Steve Cypen, Sergeant Glen Goss of the PBA, Bill Adams of IAFF, Major Rick Lincoln and Mike Wigderson and City statf. As of the date of this letter, we have not received any comments adverse to the ordinance. If we receive comments requesting changes, we may be bringing an amended ordinance to you at the City Commission meeting. ~all if you have any questions. /"/ 'j 1(/ SA~;~ L- Attachment P&F.sar " " ORDINANCE NO. 85-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CREATING A NEW SECTION 33.685, "DEFERRED RETIREMENT OPTION PLAN" ; CREATING A NEW SECTION 33.687, "EARLY RETIREMENT INCENTIVE"; CREATING A NEW SECTION 33.689, "RETIREMENT BENEFIT ENHANCEMENT"; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, in conjunction with the Board of Trustees of the City of Delray Beach Police and Firefighter Retirement System, desires to provide additional benefits and retirement options for members of the City of Delray and Firefighter Retirement System; and WHEREAS, the Board of Trustees of the City of Delray Beach Police and Firefighter Retirement system, and the member of said system, have indicated their acceptance and approval of the enhanced benefits and retirement options contained herein; and WHEREAS, the Board of Trustees of the City of Delray Beach Police and Firefighter Retirement System and a majority of the members of said system have approved the placement of insurance premium tax revenues received by the City pursuant to Chapters 175 and 185, Florida Statutes, in the existing pension fund for the exclusive use of plan members and beneficiaries and not for any other purpose; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a new Section 33.685, "Deferred Retirement Option Plan", is created to read as follows: Section 33.685 Deferred Retirement Option Plan. (A) Effective January 1, 1994, any employee with at least twenty (20) but not more than thirty (30) years of continuous service as a member of the system may elect to participate in the Deferred Retirement Option Plan in accordance with this section. (B) An employee's selection to participate in the Deferred Retirement Option Plan must be made in writing and shall be effective on the first day of the first calendar month which is at least thirty (30) calendar days after it is received by the Board of Trustees. (C) An employee who elects to participate in the Deferred Retirement Option Plan may participate in such plan for a maximum of sixty continuous (60) months. If upon the effective date of the employee's election there are less than sixty (60) months before the employee attains thirty (30) years of continuous service, the employee '. ,. . may participate in the Deferred Retirement Option Plan only until thirty (30) years of service is attained. (D) An employee's continuous service and accrued benefit under the system shall be determined on the effective date of the employee's election to participate in the Deferred Retirement Option Plan. An employee who elects to participate in the Deferred Retirement Option Plan shall not accrue any additional continuous service or benefits under the System, except for additional benefits provided under the retirement benefit enhancement, if applicable, while participating in the Deferred Retirement Option Plan. No amounts shall be paid to an employee from the System while the employee is a participant in the Deferred Retirement Option Plan. (E) A Deferred Retirement Option Plan account shall be est~blished for each employee who elects to participate in the Deferred Retirement Option Plan in accordance with this section. During the period of the employee's participation in the Deferred Retirement Option Plan, the employee's normal retirement benefit, calculated in accordance with Section 33.62(B) based on average monthly earnings and continuous service as of the effective date of the employee's election to participate in the Deferred Retirement Option Plan, shall be paid into the employee's Deferred Retirement Option Plan account. The employee's Deferred Retirement Option Plan account shall be invested by the Board of Trustees and credited with interest equal to the overall net rate of return on Retirement Fund assets during the period the employee participates in the Deferred Retirement Option Plan. (F) At the conclusion of the employee's participation in the Deferred Retirement Option Plan, and as a condition of participating in such Plan, the employee will retire and terminate City employment. The Employee will thereafter receive a normal retirement benefit calculated in accordance with Section 33.62(B) based on average monthly earnings and continuous service as of the effective date of the employee's election to participate in the deferred Retirement Option Plan. The employee's Deferred Retirement Option Plan account will thereafter be distributed to the employee in a cash lump sum, unless the employee elects an alternative distribution as described below. ( I) Payments in approximately equal quarterly or annual installments over a period designated by the employee, not to exceed the life expectancy of the employee's designated beneficiary. In the event that the employee dies before all installments have been paid, the remaining balance in the employee's Deferred Retirement Option Plan account shall be paid in an immediate cash lump sum to the employee's designated beneficiary. (2) The purchase of a non-forfeitable fixed annuity payable in such form as the employee may elect. Elections under this subparagraph (2) shall be in writing and shall be made in such time or manner as the Board of Trustees shall determine. If the annuity form selected is not a qualified joint and fifty percent survivor annuity with the employee's spouse as the beneficiary, the annuity payable to the employee and thereafter to the employee's beneficiary shall be '. ,. / subject to the incidental death benefit rule as described in Section 401(a)9G of the Internal Revenue Code and applicable regulations. (G) Notwithstanding the provisions of the foregoing paragraph (F) , if an employee dies before distribution of the employee's Deferred Retirement Option Plan account commences, the account balance shall be paid to the employee's beneficiary in such optional form as the beneficiary may select. (H) Except as otherwise provided in this Section, distribution of an employee's Deferred Retirement Option Plan account shall begin as soon as administratively practicable following the employee's termination of employment. An employee may, in accordance with such procedures as the Board of Trustees may prescribe, elect to defer distribution of the Deferred Retirement Option Plan account until the first day of any month coincident with or following the employee's termination of City employment; provided, however, distribution shall be made before the distribution date elected by the employee to the extent necessary to comply with the Internal Revenue Code and regulations thereunder. Any amounts in an employee's Deferred Retirement Option Plan account shall continue to be invested by the Board of Trustees and shall be credited with the net investment return on the Fund until the balance of the Deferred Retirement Option Plan account is fully distributed to the employee or the employee's beneficiary. ( I ) In no event shall the provisions of this Section operate so as to allow the distribution of an employee's Deferred Retirement Option Plan account to begin later than April 1 following the later of the calendar year in which the employee terminates City employment or attains age seventy and one-half (70 1/2). In the event an employee is required to begin receiving payments from the Deferred Retirement Option Plan account before the employee terminates City employment, the employee shall receive one lump sum payment on or before the required beginning date of distribution equal to the employee's entire Deferred Retirement Option Plan account balance, and annual lump sum payments thereafter of amounts accrued during each calendar year. Upon the employee's subsequent termination of City employment, the employee's Deferred Retirement Option Plan account shall be distributed in accordance with the provisions of paragraph (F). (J) Notwithstanding any other provision of this Section, all distributions from employee Deferred Retirement Option Plan accounts shall conform to applicable provisions of the Internal Revenue Code and regulations issued thereunder. (K) Notwithstanding any provision of this Section to the contrary, an employee or beneficiary receiving distributions from a Deferred Retirement Option Plan account may elect, at the time and in the manner prescribed by the Board of Trustees, to have any portion of an eligible rollover distribution paid directly from the Deferred Retirement Option Plan account to an eligible retirement plan specified by the employee/beneficiary in a direct rollover. The following definitions apply to the terms used in this paragraph: " ,. . : (I) "Eligible rollover distribution" means any distribution of all or any portion of the balance to the credit of the distributee under the Deferred Retirement Option Plan, except that an eligible rollover distribution does not include any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more, any distribution to the extent such distribution is required under Section 401{A)9 of the Internal Revenue Code, and the portion of any distribution that is not includible in gross income. (2) "Eligible retirement plan" means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408{b) of the Internal Revenue Code, an annuity plan described in Section 403{a) of the Internal Revenue Code, or a qualified trust described in Section 401{a) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3) "Distributee" means an employee or former employee. In addition the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. (4) "Direct rollover" means a payment by the Deferred Retirement option Plan to the eligible retirement plan specified by the distributee. The direct rollover may be acomplished by any reasonable means determined by the Board of Trustees. Section 2. That a new Section 33.687, "Early Retirement Incentive", is created to read as follows: Section 33.687. Early Retirement Incentive. (A) Effective January 1, 1994 an early retirement incentive shall be provided to employees in accordance with this section. The availability of the early retirement incentive in any calendar year shall be determined by the City. (B) Employees with eighteen (18) or more years of continuous service shall be eligible for the early retirement incentive. In any calendar year in which the Ci ty determines that the early retirement incentive will be offered, eligible employees shall be given an opportunity to decide within a specified time period (30 to 90 days) whether they wish to receive the early retirement incentive and retire from City employment. The City will provide at least sixty (60) days advance notice to eligible employees of the early retirement incentive offering. (C) Eligible employees who elect to receive the early retirement incentive shall receive two (2) additional years of '. '. . continuous service under the system, and upon receiving such additional continuous service shall immediately retire and terminate City employment. The early retirement incentive program shall be voluntary for all eligible employees. (D) An employee who elects to receive the early retirement incentive under this Section cannot also participate in the Deferred Retirement Option Plan under Section 33.685. Section 33.689. Retirement Benefit Enhancement. Effective October 1, 1994, the benefits paid to eligible retirees shall be adjusted as provided in this Section. For the purpose of this Section, "eligible retirees" are members who retired or terminated employment after September 30, 1993 and whose date of hire as a City . police officer or firefighter was twenty-five (25) prior or more years to the benefit adjustment. The benefits payable under the system to all eligible retirees shall be adjusted each October 1 based on the amount of insurance premium tax revenues received by the City for the preceding plan year pursuant to Chapter 175 and 185, Florida Statutes. A minimum benefit increase of one percent (1%) per year will be provided, regardless of the amount of premium tax revenues received by the City. To the extent total annual premium tax revenues exceed $504,922, the annual one percent (1%) minimum adjustment will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of the excess premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four percent (4%), regardless of the amount of premium tax revenues received by the City. The annual benefit adjustment provided under this Section shall be compounded annually (i.e., the increase shall be based on the benefits received by plan members at the end of the preceding plan year). 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 operate to invalidate the remainder hereof. Section 5. That this ordinance shall become effective January 1, 1994. PASSED AND ADOPTED in regular session on second and final reading this of , 1993. MAYOR '. ,. . ' , ATTEST: City Clerk First Reading Second Reading Chap-33.ord '.