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01-21-92 Regular " ~ . . ,. CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 21, 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments. However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commission retains the right to limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations), The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is enti tIed to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, those individuals wishing to address public hearing and/or non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to make your comments, kindly complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state, for the record, your name and address. All comments will be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred from speaking further to the Commission " . .. . City Commission Agenda 1/21/92 by the presiding officer, unless permission to continue or again address the Commission is granted by majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision ma~e 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 Regular Meeting minutes of None. 6 . Proclamations: 7 . Presentations: A, Chief Overman - Police Department Mission Statement. 8. Consent Agenda: City Manager recommends approval. A. MEDICAL DIRECTOR/FIRE DEPARTMENT: Approve the contract for a Medical Director for the Fire Department. B. BUDGET FOR POLICE LEGAL ADVISOR' POSITION/REQUEST TO ALLOCATE FUNDING: Approve the budget for the Police Legal Advisor position and approve the allocation of funding from the Law Enforcement Trust Account. C, DELRAY AFFAIR: Declare Commission support for the Delray Affair to be held April 24, 25, and 26, 1992 and consider their request for staff support, use of City facilities, trash collection and street barricading. D. CHANGE ORDER NO. l/REQUEST FOR FINAL PAYMENT/FIVE STAR: Approve Change Order No. 1 which reduces the contract by $54,493.45 based upon computation of as-built quantities and -2- .. .. .. " City Commission Agenda 1/21/92 authorize final payment to Five Star in the amount of $4,581. 53 for the S.W. 4th Avenue Sidewalk project. E, SERVICE AUTHORIZATION NO. 8/HAZEN AND SAWYER, P.C. : Approve Service Authorization No. 8 in the amount of $8,500 under the contract with Hazen and Sawyer, P.C. for consulting services to assist PEC Consultants on the Master Booster Pump Station project. F. SERVICE AUTHORIZATION NO. 2A/FIRE STATION NO. 1: Approve Service Authorization No. 2A to the contract with Currie Schneider for permitting services associated with Fire Station No. 1 under Phase III of the General Agreement in the amount of $7,150 plus reimbursables not to exceed $450. G. REQUEST FOR FINAL PAYMENT/POOLE AND KENT: Approve final payment in the amount of $3,158.70 to Poole and Kent for completion of the Emergency Wellfield Assessment project. H. THIS ITEM WAS REMOVED FROM THE AGENDA. .:z:1f.rn IItJ/JEIJ 8'1IlIJOEfllk.<.rTJ (S CE F; T11N!Hf:JJ ) I. FEE WAIVER POLICY FOR NON-PROFIT ORGANIZATIONS: Approve a policy providing for reduced plan check and building permit fees for non-profit organizations. J. THIS ITEM WAS REMOVED FROM THE AGENDA. K. FINAL PLAT APPROVAL: Approve the final plat for Palm Cove (aka Delray Bay Apartments) , Planning and Zoning Board recommends approval, subject to conditions. L. RESOLUTION NO. 15-92: A resolution abandoning utility, access and drainage easements for Palm Cove (aka Delray Bay Apartments). M. RESOLUTION NO. 14-92: A resolution abandoning utility easements for Lots 1 through 23, Seger's Addition to Delray Beach. N. RESOLUTION NO. 8-92: A resolution assessing the costs for abatement action necessary to board up an unsafe structure and repair the safety barrier around the pool at 20 S.E. Dolphin Drive. O. RESOLUTION NO. 9-92: A resolution assessing the costs for abatement action necessary to demolish an unsafe structure at 1010 N.E. 8th Avenue. P. RESOLUTION NO. 10-92: A resolution assessing the costs for abatement action necessary to board up an unsafe structure at 227 S.W. 2nd Avenue. -3- .. . . City Commission Agenda 1/21/92 Q. RESOLUTION NO. 11-92: A resolution assessing the costs for abatement action necessary to demolish an unsafe structure at 64 N.E. 2nd Avenue. R. RESOLUTION NO. 12-92: A resolution assessing the costs for abatement action necessary to demolish an unsafe structure at 57 S.W. 5th Avenue. S. RESOLUTION NO. 13-92: A resolution assessing the costs for abatement action necessary to remove nuisances on 25 properties located within the City. T. AWARD OF BIDS AND CONTRACTS: 1. Turn-out Gear - Fire Department - Municipal Equipment Company (via Orange County Bid) - in the amount of $11,143.75 with funding from Fire Department Uniform/Linen Services (Account No. 001-2315-526-33.48). 2. Meter boxes, covers and lids - Environmental Services - Brooks Products, Inc. (Palm Beach County bid) in the amount of $24,400 with funding from Water and Sewer Installation of Service Connections (Account No. 441-5161-536-60.58). 3. Police Pursuit Vehicles (10) - Police Department - Duval Ford (via State contract) in the amount of $124,590 with funding from City Garage - Automotive (Account No. 501-3312-591-60.84). 4. Rechargeable Flashlight System - Police Department - Lawmen's and Shooters Supply, Inc. in the amount of $15,621. 80 with funding from Police Department Special Projects Fund - Equipment Other (Account No. 115 2112 521 60.89). LAw s..? -Jeu.sf' FunD / OP&~HT7/)9 118,- allOl- 5al - 35.15 9 . Regular Agenda: pre.. t. O'ConnoR:. l~~/9~ A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period January 11, 1992 through January 17, 1992. B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION: Consider an appeal of a Site Plan Review and . Appearance Board decision approving the landscape plan and architectural elevations associated with the addition of a 36 square foot walk-in freezer at Dunkin Donuts located on Federal Highway and Tropic Boulevard. Postponed from the January 14, 1992 City Commission Meeting. C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION: Consider an appeal of a Site Plan Review and Appearance Board -4- ,. ... . City Commission Agenda 1/21/92 decision to approve the architectural elevations (carport changes) at the Historic Executive Suites of Delray. D. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of an Historic Preservation Board decision to grant a Certificate of Appropriateness to allow the elimination of landscaping adjacent to the dining deck at Brandy's Waterside Cafe. E. REQUEST FOR EXTENSION OF SITE PLAN APPROVAL: . Consider a request for extension of site plan approval for the Holiday Inn Expansion. Planning Director recommends denial. F. CONSIDERATION OF PROPOSALS TO DETERMINE FEASIBILITY OF PURCHASING LAKEVIEW GOLF COURSE: Consider proposals for an appraisal and business study to determine the feasibility of purchasing the Lakeview Golf Course. G. PINEAPPLE GROVE WAY/LANDSCAPE NODE DESIGN: Consider the impact on traffic with regard to the design of the Pineapple Grove Way Beautification project. H. CHANGE ORDER NO. l/METRA INDUSTRIES, INC. : Approve Change Order No. 1 in the amount of $29,143 to install an eight ( 8 ) inch water main on N. Swinton Avenue to interconnect with the City of Boynton water system (Pineridge/Church of the Palms Water Main Extension). City Manager recommends approval, I. RESOLUTION NO. 7-92: A resolution calling for March 10, 1992 Special Election regarding Charter questions (in conjunction with First Nonpartisan) . City Manager recommends approval. J. RESOLUTION NO. 16-92/TURNING RESTRICTION PALM SQUARE AND ATLANTIC AVENUE: A resolution requesting that the Florida Department of Transportation remove the turning restriction and modify pavement marking at Palm Square and Atlantic Avenue, City Manager recommends approval. K. APPOINTMENT OF TWO MEMBERS TO THE EDUCATION BOARD: Appoint two members to the Education Board to fill the unexpired terms of Carolyn L. Young and Donald Allgrove. Seats 3 and 4 appointments. L. SERVICE AUTHORIZATION NO. 3/VETERAN'S PARK: Approve Service Authorization No. 3 under the contract with Currie Schneider and Associate, P.A. for architectural design services, preparation of construction documents, and bidding and construction administration services for the relocation of the shuffleboard courts at Veteran's Park in an amount not to exceed $14,352.42, plus an additional $1,240 for reimbursables. City Manager recommends approval. -5- ,. .. ... City Commission Agenda 1/21/92 M. SERVICE AUTHORIZATION NO. 4/VETERAN'S PARK: Approve Service Authorization No. 3 under the contract with Currie Schneider and Associates, P.A. for architectural design services, preparation of construction documents, and bidding and construction administration services for the construction of lawn bowling courts, a Gazebo, sun shelters, a children's play are, walkway system, lighting plan, fence, landscaping, and drainage plans for Veteran's Park in an amount not to exceed $65,229.96, plus an additional $2,685 for reimbursables. City Manager recommends approval. N. Kts.:tt IG-<1.;z. CRODbi10w0) 10. Public Hearings: A. ORDINANCE NO. 6-92: An Ordinance amending Ordinance 125-88 which annexed Enclave 59 into the City to include language previously omitted from Ordinance 125-88 to provide for extended hours of operation for property .located immediately north of the L-32 canal, and immediately south of Lake Ida Road, between Congress Avenue and the Lake Worth Drainage District Canal #3 1/2. II. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. None, B. From the Public. 12, First Readings: A. ORDINANCE NO. 7-92: An Ordinance adopting Emergency Management Procedures. If passed public hearing February 11th. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -6- o. . ;, " CITY OF DELRAY BEACH, FLORIDA.- CITY COMMISSION REGULAR MEETING - JANUARY 21, 1992 - 6:00 P,M, PUBLIC HEARINGS - 7:00 P.M, COMMISSION CHAMBERS - ADDENDUM THE CONSENT AGENDA I S AMENDED TO INCLUDE: H, ACCEPTANCE OF AN EASEMENT DEED/EASEMENT AGREEMENT: Accept an easement deed and easement agreement from Trainer Roofing for a 25 foot utility easement necessary to install water and sewer mains in the former enclave area on Germantown Road, THE REGULAR AGENDA IS AMENDED TO INCLUDE: N, RESOLUTION NO, 19-92: A resolution which requests that the Department of Community Affairs finds the Countywide Future Land Use Element to be "not in compliance", ,. " - . Agenda Item No,: AGENDA REQUEST Date: 1/21/92 Request to be placed on:' XX Regular Agenda Special Agenda l'Torkshop Agenda When: Januarv 22. 1992 Description of agenda item (who, what, where, how much) : Request Citv Commission to approve agreement for .25 feet Utility Easement between Trainer Roofing,lnc, and the City of Delray This easement is necessary to install water and sewer mains at Germantown enclave, ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommend approval to the agreement between Trainer Roofing and City of Delray Beach for 25 ft. Utility Easement ~. Department Head Signature: 1.)~-~ 1/ SL~^-.. .J G~. \\1-\\~'L- Determination of Consistency with Comprehensive Plan: "'!" City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No, & Description: Account Balance: City Manager Review: /17"/1 Approved for agenda: ~/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ,,. EASEMENT DEED . THIS INDENTURE, made this day of , 1 9 -' by and between , parties of the first part, and the CITY OF DELRAY BEACH, a Florida municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the parties of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: utility easement with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit 'A' attached Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purpose of the easement. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the parties of the first part agree to provide for the release of any and all mortgages or liens encumbering this easement. The parties of the first part also agree to erect no building or effect any other kind of construction or improvements upon the above-described property. Parties of the first part do hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS: PARTIES OF THE FIRST PART STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an office authorized in the State and County aforesaid to take acknowledgments, personally appeared , well known to me, and they acknowledged executing the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1 9 , - Notary Public, State of Florida at Large My Commission Expires: \~ - t J/~I// J"';:" 21- ~~ ~ I l~ 5"C'fiC. ~ . 'V I ~ (/ YY'~ __ ,X.7lf'iY ?,J .7'#5' ,'4.:. >- ~ #~~~ I~ ~ ~, "P"5d? i ,g.?~fe ~ I I J "t: 'r- ,,, L ./"? "p \ J - - ~ ::::::>- : '\ _.;I,N/? .Bf'y \,_. ~ U::: k ',~ 1'tJ ~ ~ ~ ~ :::::> _ ~ ~~-u~ SS v) c:? >, ~-' ,~~ " I~-- "'J~" I' ~ ~~~ ~ ~_ ~ ::t \J ~::f( ~~ . '\l \\. " >< :t, ',~ ~ \:S~ ~ ~~~~ \ '- ~ <( llJ If' , , \~, I--- ~,\ \l'} ~ ~ ~ ~ ~ ~ ~ \ "r -.: \ .~ ~~,.... \J' \ ~ ~ ,'\ ~~, ~ ~ ~,~ ,'\.. '-J ~~. 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I ~ ~ _I_~ ... , . c::I ~ I ~.. n::1 ;::, ;:: I fl .. .. - I ac:>>...J r I i~. ?M"iJ'7 H:>V38 "'Wd J.53M 'fUf3J.NIHd:ln,S r ~ ,. AGREEMENT THIS AGREEMENT is entered into this day of January 1992 by and between Trainer Roofing, Inc. , and the CITY OF DELRAY BEACH, a Florida Municipal Corporation in Palm Beach County, State of Florida (hereinafter referred to as "city"): WHEREAS, City is desirous of securing an easement across Trainer Roofing, Inc. 's property for the purpose of installing and maintaining a 8 inch sanitary sewer and 8 inch water main; and NOW, THEREFORE, based on the premises set forth below, the parties do hereby agree as follows: 1. Easement Deed. Subject to the terms and conditions contained in the Agreement, Trainer Roofing, Inc. will convey upon the execution of this Agreement to City, an Easement Deed for a 25 foot wide utility easement running parallel to the north property line (as described in Easement Deed dated the day of , 199_> for the purpose of installing and maintaining a underground 8 inch water main and a 8 inch sanitary sewer. The City will provide the Easement Deed. The City will pay for filing fees and document stamp costs related to the Easement Deed. '. " 2. Installation. City will install the subject water line and appurtenances in a generally acceptable manner within the easement dedicated by Trainer Roofing, Inc. Such installation will be designed by City in a manner as to protect the interest of Trainer Roofing, Inc. and the facilities installed will continue within the dedicated easement until they exit the property. The City will return all existing features to equal to or better than condition prior to the installation of the facilities. 3. Indemnification/Insurance. Each party shall be responsible to the other for any and all negligent actions of the party, their assigns, employees or agents. 4. Maintenance. City will maintain the subject water and sewer line in a reasonable condition and should City find it necessary to conduct repair activities on the lines within the easement, City will return all disturbed areas to equal to or better than condition prior to the action. Trainer Roofing, Inc. may maintain landscaping, driveways, and paved parking areas over and within the easement and shall be able to modify said improvements from time to time. Trainer Roofing, Inc. will not install any structures within the subject Easement area. 5. Consideration. a. city will provide 6" sanitary sewer service to property line, (lots 7 and 8), including all construction and hookup fees, if applicable. ., b. City will provide 3/4" - 1" water service and meter to property line, (lots 7 and 8), including all construction and hookup fees, if applicable. c. Consideration a and b above will be valid for five (5) years after date of this Agreement. After such time, consideration a and b above will become null and void. d. The City will provide whatever size applicable codes require at the time of installation with regard to a. & b. e. The City will not delay Plan Approvals or Permit Applications relating to the development of this property so as to take advantage of subparagraph 5 (c) . 6. Notices. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: Trainer Roofing, Inc. 3120 N.W. 16th Terrace Pompano Beach, FL 33069 City Manager CITY OF DELRAY BEACH 100 N.W. 1st Avenue Delray Beach, FL 33444 7. Miscellaneous. a. The prevailing party in any litigation arising here under shall be entitled to its reasonable attorneys fees and court costs including appeals if necessary. b. The right of the grantor shall enure benefit its successors or assigns. c. This Agreement, along with the Easement Deed, constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said agreements must be in writing and executed by both parties. ., IN WITNESS WHEREOF, the parties have accepted, made and executed this Agreement and three (3) counterparts each constituting an original upon the terms and conditions above stated on the date first set forth above. TRAINER ROOFING, INC. CITY OF DELRAY BEACH By: By: Tom Trainer, President Thomas E. Lynch Mayor Attest: Attest: Approved as to Form: COUNTY OF: PALM BEACH STATE OF: FLORIDA City Attorney Sworn to before me this _ day of , 19 - Notary Public '. '. . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS I FROM: CITY MANAGER "7\. < , SUBJECT: AGENDA ITEM #f A - MEETING OF JANUARY 21, 1992 MEDICAL DIRECTOR CONTRACT/FIRE DEPARTMENT DATE: JANUARY 16, 1992 The Fire Department recently solicited "Requests for Quotations" from the medical community for the services of a Medical Director for the Fire Department. A contractual relationship with a Medical Director is required by Chapter 401, Florida Statutes, for agencies performing pre-hospital Emergency Medical Services. Twenty-eight requests were sent out; nine responses were received. Upon review of the RFQs, preparation of a short list and the conduct of interviews, staff is recommending that a contract be entered into with Dr. Jeffrey Davis. It is further recommended that the initial term of the contract be for a twenty (20) month period, terminating on September 30, 1993. The agreement provides that the Medical Director will be paid the sum of $1,833.00 per month. The City will also obtain and pay the annual premium on a medical malpractice insurance policy during the term of this agreement. If the policy provides coverage on a "claims made" basis, the City will continue to provide and pay the premium on the policy for a coverage period ending not less than four (4) years following termination of employment of the Medical Director. Recommend approval of the Medical Director Agreement between the City of Delray Beach and W. Jeffrey Davis, O.D., a Florida licensed physician, for an initial term of 20 months, terminating on September 30, 1993. ~ , . [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE ,',J :,"\ h, ,','- L:':.:E . :~',L",\Y iJE",CH. FLORIDA 33':':': t:\,- '...;r.\ftLl ~I- 27-;~~7.~~ MEMORANDUM DATE: January 9, 1992 TO: David Harden, City Manager Tolces, Assistant City Attorne~ " FROM: David N. SUBJECT: Medical Director Contract I have reviewed the Medical Director Contract for the Fire Department and it meets with my approval. I draw your attention to Paragraph l2, however, and inquire as to whether this item conflicts with the duties and responsibilities of the City's Safety Officer. Please call if you would like to discuss this matter further. DNT:ci .. '. ''< , (~ [ITY DF DELIAY BEA[H FIRE DEPARTMENT M E M 0 RAN DUM" TO: DAVID T. HARDEN, CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: JANUARY 7, 1992 SUBJECT: MEDICAL DIRECTOR CONTRACT The Department recently solicited "Requests for Quotations" from the medical community for the services of a Medical Director for the Fire Department. Twenty-eight requests were sent out by the PurChasing Division and nine responses were received. The nine responses were reviewed by all Paramedic Lieutenants and the Division Chief-E.M.S. and a short list of three names was forwarded to the Fire Chief. Interviews were scheduled with this group on December 13, 1991 to review individual proposals and to gi ve both staff and the physicians an opportuni ty to further discuss the scope of services, compensation, etc. At the end of that process, I asked the four participating officers to give me a consensus position as to the physician they felt should be Lecommended for this position. Dr. Jeffrey Davis was their unanimous choice. Dr. Davis had indicated to me during the interview that he was willing to negotiate the fee for service in keeping with our present budget constraints. Therefore, no unanticipated budget impact would occur if he is selected. Accordingly, I have presented a proposed contract to Dr. Davis and that document, agreed to by Dr. Davis, is now forwarded to your office for City commission action. You will note the period of the contract for the initial term is for 20 months. Normally this is an annual contract up for renewal in September, and in the future it will be scheduled according to that time frame. In this case I believe it would be more efficient to let the term run through the end of the current fiscal year and for one additional full twelve month period, with termination on September 30, 1993. FIRE DEPARB1Fr,n HE,lI,OQUAqTERS.. 101 \VEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33144 ..'07//.;3-7<-100<<> ~!\X fiG?, 2654660 Page 2 Memorandum Medical Director Contract A contractual relationship with a Medical Director is required by Chapter 401, Florida statutes for agencies performing pre-hospital Emergency Medical Services. It is my recommendation that the contract be approved as submitted. V~ ~~\lo --- Kerry B. Koen Fire Chief KBK/mmh cc: Douglas Trawick, Division Chief-E.M.S. Ted Glas, Purchasing Director Attachment: 2 .. 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"" "" ~ "" &l H '" '" 14 ~ "" ~ ~ ~ ~ ~ ..l E< a: i ~ Q CIl CIl CIl .. .. . ~/ AGREEMENT THIS AGREEMENT made and entered into as of the date last written below, by and between the City of Delray Beach, a Florida municipality, located in Palm Beach County (hereinafter, referred to as "CI'fY") and W. Jeffrey Davis, D.O., a Florida licensed physician (hereinafter referred to as "MEDICAL DIRECTOR") , WHEREAS, the city desires to employ a MEDICAL DIRECTOR for the advanced life support services provided by the Fire and Emergency Medical Services Department of the City, and other administrative purposes and functions; and WHEREAS, the MEDICAL DIRECTOR desires to be employed by the CITY as an independent contractor to supervise and accept responsibility for the medical performance of Emergency Medical Technicians (EMT's) and Paramedics functioning for the Emergency Medical Services system of the Fire and Emergency Medical Services Department of the CITY, under the provisions of Chapter 401, Florida Statutes. NOW THEREFORE, in consideration of the mutual promises and benefits as set forth herein, the CITY and the MEDICAL DIRECTOR agree as follows: I. The MEDICAL DIRECTOR agrees to both directly and indirectly supervise and accept responsibility for the medical performance of Emergency Medical Technicians and Paramedics functioning for the Emergency Medical Services system of the Fire and Emergency Medical Services Department of the CITY. Such supervision shall be accomplished by, though not limited to: a. Direct observation of Paramedics on rescue calls, b. Monitoring of radio transmissions to emergency facilities, c. Review of rescue run documents, and d. Conference and/or meetings in both individual and group situations. .. '. , Medical Director Agreement Page 2 These duties will be performed periodically by the MEDICAL, DIRECTOR at his/her convenience as often as is necessary to insure that proper medical standards and procedures are being followed. The MEDICAL DIRECTOR shall provide the Fire Chief written reports at least quarterly regarding efficiency and effectiveness and general performance of the Emergency Medical Services System., II. The MEDICAL DIRECTOR shall be responsible directly to the Fire Chief of the CITY; provided, however, that nothing herein shall in any way authorize any limitation or restrictions by the CITY or the Fire Chief on the professional acts and advice of the MEDICAL DIRECTOR. It is recognized that the MEDICAL DIRECTOR is otherwise employed as a physician, and nothing herein shall limit or otherwise restrict the MEDICAL DIRECTOR'S right to continue such employment and practice, consistent with this agreement. III. The MEDICAL DIRECTOR shall perform all services required of him pursuant to Chapter 401, Florida Statutes, and the applicable rules of any governmental agency implementing said Chapter or other established duties required to be performed by said MEDICAL DIRECTOR, or upon notice from the CITY that such additional duties have been established by the Florida Department of Health and Rehabilitative Services. IV. The MEDICAL DIRECTOR shall be directly responsible for the medical performance of Emergency Medical Technicians and Paramedics functioning for the Fire and Emergency Medical Services Department of the CITY and shall have full authority to direct and supervise their medical activities. The MEDICAL DIRECTOR shall give necessary instructions to and interview and consult.with EMT's and Paramedics and supervise and arrange such in-service instructional sessions, or promulgate such rules and directives, as may be necessary to assure that all medical services performed by EMT's and Paramedics are in accordance with proper medical standards and procedures. In addition, the MEDICAL DIRECTOR shall participate in quarterly general paramedic staff meetings at a time and date mutually agreeable with the MEDICAL DIRECTOR and the Fire and Emergency Medical Services Department; provide at least four hours of didactic lecture material each quarter; review and comment on content and emphasis on all elements of in-service training and testing procedures; and shall initiate a review of all protocols at least every six months to determine their applicability and appropriateness with respect to currently accepted emergency procedures. Recommended revisions of said protocols shall be furnished to the Fire Chief. .. '" . Medical Director Agreement Page 3 v. The MEDICAL DIRECTOR will: a. Assure the continuous availability of at least one responsible physician, to be designated as an Assistant Medical Director. while performing the duties required of the Medical Director, and determine the qualifications necessary for said physician to' provide responsible supervision of the Paramedics and EMT's. In addition, the MEDICAL DIRECTOR will notify the Delray Beach Fire and Emergency Medical Services Department whenever he/she will be unavailable for whatever reason, and will attempt to provide 24 hour prior notification of such unavailability except under emergency circumstances. Such notification shall be given to the Office of the Assistant Fire Chief - Operations. b. Provide liaison services as required and requested between the Fire and Emergency Medical Services Department of the CITY, and other departments, divisions, boards and bodies of the CITY, any educational, governmental, or medical agency or institution relating to the provision of Emergency Medical Services. c. Retain the ultimate authority to permit or deny any Paramedic or EMT the utilization of advanced life support techniques, basic life support, patient assessment, or patient stabilization procedures. Upon request, the MEDICAL DIRECTOR shall advise the Fire Chief on disciplinary recommendations related to medical care. d. Upon request, participate in the design and structure of selection procedures for entry level personnel. e. Upon request, consult with the Fire Chief regarding promotional testing criteria for incumbent personnel. f. Upon request, advise the department on an appropriate manner by which to address incidents in which an employee of the Fire and Emergency Services Department, has been, or may have been, exposed to infectious diseases or hazardous materials. g. Upon request, maintain data regarding the status of employees who have been, or may have been, exposed to infectious diseases or hazardous materials. .. '. . Medical Director Agreement Page 4 VI. Because the MEDICAL DIRECTOR may be subjecting himself to the risk of certain liabilities by entering into this agreement, the CITY will obtain and pay the annual premium on a medical malpractice insurance policy insuring the MEDICAL DIRECTOR against liability arising out of negligent acts or omissions of the MEDICAL DIRECTOR in the performance of his duties as MEDICAL D~RECTOR during the term of this Agreement. If this insurance policy provides coverage on a "claims made" basis, the CITY shall continue to provide and pay the premium on this policy for a coverage period ending not less than four (4) years following termination of employment of the MEDICAL DIRECTOR. The provisions of this paragraph shall survive termination of this Agreement,. regardless of whether termination is by the MEDICAL DIRECTOR or by the CITY, or by expiration of the term of this Agreement, until four (4) years after termination. VI(a). The MEDICAL DIRECTOR shall also be covered by the CITY for administrative acts or decisions under the CITY'S master errors and omissions policy. VII. The MEDICAL DIRECTOR shall be paid the sum of Eighteen Hundred-Thirty Three Dollars ($1,833.QO) per month, for each calendar month during the term of this Agreement; provided, that if the annual budget as adopted by the City Commission of Delray Beach for any fiscal year of the CITY fails to provide sufficient funds to pay the MEDICAL DIRECTOR as provided herein, this Agreement shall be deemed terminated immediately upon the adoption of the budget, wi thout further notice or action by either party. Payment by the CITY shall be to whomever the MEDICAL DIRECTOR designates in writing. VIII. For the purposes of this Agreement, the MEDICAL DIRECTOR shall be directly responsible to the Chief of the Fire and Emergency Medical Services Department of the CITY. The Fire and Emergency Medical Services Department will provide administrative and secretarial support to the MEDICAL DIRECTOR through t~e Office of the Fire Chief. IX. The Fire and Emergency Medical Services Department, through the Office of the Fire Chief, shall cooperate to the greatest possible extent in the delivery of competent emergency medical care, including implementation of the policies established by the MEDICAL DIRECTOR. .. Medical Director Agreement Page 5 X. The MEDICAL DIRECTOR shall be a Florida state licensed physician who is also: a. ' ACLS (Advanced Cardiac Life support) provider certified, instruct.or certified, and ACLS affiliate faculty member American Heart Association; or b. A Board-Certified Emergency Physician, or who has been previously employed or is currently employed as an E.R. Physician; and c. Maintains affiliation with one or more of the fOllowing medical facilities: Bethesda Memorial Hospital, Delray Community Hospital, Boca Raton Community Hospital, or John F. Kennedy Hospital. A copy of all required licenses and certifications shall be furnished to the Office of the Fire Chief. XI. The MEDICAL DIRECTOR is also designated as the Fire Department's Physician for the purposes of providing advice and recommendations to the Fire Chief pertaining to occupational safety and health issues. XII. The term of this Agreement shall be from the date herein through September 30,1993, unless sooner terminated. This Agreement may be terminated by either the CITY or the MEDICAL DIRECTOR upon not less than thirty (30) days written notice to the other party. This Agreement may be amended from time to time, but only in writing in a form similar to this Agreement. &' '. Medical Director Agreement Page 6 In WITNESS WHEREOF, the parties have executed this Agreement on the day of , 19 -' in the City of Delray Beach, Florida. ATTEST: " CITY OF DELRAY BEACH, FLORIDA city Clerk MAYOR WITNESSES: MEDICAL DIRECTOR Approved as to form and legal sufficiency City Attorney , 19 - Notary Public My Commission Expires: .. '. . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERfJv1 SUBJECT: AGENDA ITEM # 8.B. - MEETING OF JANUARY 21, 1992 LEGAL ADVISOR BUDGET/REQUEST TO ALLOCATE FUNDING DATE: January 17, 1992 Staff has prepared a seven month budget for the legal advisor position, a legal secretary and for the necessary equipment to sustain the operation through September 30, 1992. It is anticipated that approximately $66,092 in funding will be needed for the period March I, 1992 through September 30, 1992. Additionally, the figures shown for the full year budget are proposed estimates and are subject to change during the FY 92-93 budget sessions. Further, staff is requesting authorization to allocate funds from the Law Enforcement Trust Account Fund Prior Year Surplus (Account No. l12-0000-301-l2.00. Recommend approval of the budget for the Police Legal Advisor position and authorize the allocation of funding from the Law Enforcement Trust Fund Prior Year Surplus (Account No. 112-0000-301-12.00. ~ IJ(.(L ~ //rll/ / 9;;L ,. J", Delray Beach Police Department 300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 RICHARD G. OVERMAN (407) 243-7888 Fax (407) 243-7816 Chief of Police MEMORANDUM TO: David T. Harden, City Manager FROM: William H. Cochrane, Maj or (}ftfv Support Bureau THRU: Richard M. Lincoln, Maj or ~~ Acting Chief of Police DATE: January 15, 1992 SUBJECT: LEGAL ADVISOR BUDGET At the direction of Chief Overman, I met with City Attorney Jeff Kurtz on Friday, January 10th in an effort to refine the proposed budget for the legal advisor and staff for the balance of this fiscal year. Please find attached a 7-month budget which was agreed upon by the Chief, the City Attorney, and I to fund the legal advisor and legal secretary, and provide the necessary equipment to sustain their operation through September 30, 1992. The figures used for the full year budget are proposed figures estimated by the City Attorney's Office and obviously will be subject to change during the FY 92-93 budget sessions. It would be appreciated if this could be placed on the Consent Agenda for Tuesday, January 21, 1992. Should you desire further information, please do not hesitate to contact me. WHC/gb Attachment cc: Chief Overman COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE '. .. , "- City of Delray Beach Operating Appropriation Justification Estimated Budget 1991-92 Year 1 1991-92 Department: City Attorney Package Name: Police Legal Advisor Account No. : Page 1 of 1 Full From Ele/Obj Explanation Year 3/1/92 11. 12 Salaries & Wages - Regular 65,420 38,165 11. 13 Salaries & Wages - Part-time -O- Il. 14 Overtime - Regular Emp. 250 150 11. 21 FICA 5,000 2,920 11. 22 Retirement Contribution -0- -o- Il. 23 Health, Life, Disability 5,000' 2,920 11. 24 Workers , Compensation 350 210 11. 25 Unemployment Compensation 100 60 11. 27 lCMA -0- -0- 33.14 Medical Services 200 -0- 33.19 Other Prof. Services 1,500 -0- 33.54 Postage - Various 600 -0- 33.56 Memberships & Publications 2,500 500 (Westlaw-$2,OOO; memberships-$500) 33.57 Travel & Training 3,000 -0- 33.58 Auto Allowance 2,400 1,600 (at $200.00 per month) 33.97 Insurance Expense 4,600 3,067 35.11 Office Supplies - various office and operating supplies l,500 1,500 60.89 Equipment - other - 15,000 15,000 Attny desk, credenza, chairs 3,000 Sec. Desk, chair 1,200 Computers, modems, printer, software 7,700 Shelving 500 File Cabinets 1,000 Dictation equip. 600 Library 500 Typewriter 500 TOTALS 107,420 66,092 . ., '" - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tflv/I SUBJECT: AGENDA ITEM # ~c. - MEETING OF JANUARY 21, 1992 DELRAY AFFAIR DATE: January 17, 1992 We have received a request from the Chamber of Commerce for formal Commission support for the Delray Affair scheduled for April 24, 25 and 26, 1992, and for consideration of the following items: l. Use of Worthing and Veteran's Parks and certain streets and parking lots for entertainment and displays. 2. Blocking off parking from Swinton Avenue to the Intracoastal Waterway and closing Atlantic Avenue to traffic from Swinton Avenue to East 6th Avenue. 3 . Placement of trash containers with periodic emptying, and general clean up after the close of the Delray Affair. An individual on duty at the restroom in Veteran's Park. 4. Allow this to be the only Commission approved event during the Delray Affair time frame. 5. Provide city staff support (Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Community Improvement, Parks and Recreation) to the planning committee. In addition, the Chamber has requested that they pay only 50% of the overtime cost for city staff. Last years total was $8,838.27. Staff recommends approval of the above requests, subject to the following conditions: l. That the Chamber provide the required liability insurance certificate naming the City as "additional insured". 2. That at a minimum the Chamber be required to pay one-half of the overtime cost for city staff. Recommend approval of the requests from the Chamber of Commerce with regard to the Delray Affair, subject to the conditions as recommended by staff. ~ I/d-I/Cfd- .. 1;,1' ,. ", , ;1'/) ( [ITY DF DELIAY BEA[H 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: J2~Robert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: Agenda Item City Commission Meeting 1/21/92 Delray Affair DATE: January 14, 1992 City Commission is requested to endorse the Delray Affair scheduled for April 24, 25, and 26, 1992, and to approve their request for staff support, use of City parks, trash collection and street barricading. In addition, they are requesting to pay only 50% of the overtime cost. Total overtime costs in 1991 were $8,838.27 with the Chamber paying 50% of this total. A copy of the request letter is attached with a breakdown of overtime costs by department. Recommend approval. Attachment RAB:kwg THE EFFORT ALWAYS MATTERS '. l I ( , /. t' ' It11"'" f .,..... ~> " ,- ,..... " j I <;i, .. ,( II . ,)' lid) 'I , 92 '.",( '" GREATER DELRAY BEACH Chamber of Commerce January 2, 1992 Mayor and City Commission tJ ;L~/ 100 NW 1st Avenue Delray Beach, FL 33444 b Dear Mayor and Commissioners: The Delray Affair is scheduled for April 24, 25 and 26, 1992. This family oriented arts and crafts festival has grown to be the largest of its kind in South Palm Beach County. A great deal of the success of the Delray Affair is attributed to the excellent support provided by the City and we again seek that cooperation through approval of the following items: 1. Endorsement by the City Commission. 2. Use of Worthing and Veterans Parks and certain streets and parking lots for entertainment and display. 3 . Blocking off parking from Swinton Avenue to the Intracoastal Waterway and closing Atlantic to traffic from Swinton to East 6th Avenue. 4 . Placement of trash containers with periodic emptying, and general clean up after the close of the Delray Affair. An individual on duty at the rest room in Veterans Park. 5. Allow this to be the only Commission approved event during the Delray Affair time frame. 6. Provide city staff support (Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Community Improvement, Parks and Recreation) to the planning committee. Your favorable consideration of these requests is greatly appreciated and we sincerely hope you will join the festivities. William President 64 S.E. FIFTH AVENUE. DELRAY BEACH, FLORIDA 33483 407/278-0424 . FAX 407 /278-0555 Chamber Accredited by United States Chamber of Commerce '. 4 . . " [ITY DF DELIAY BEA[H 100 N,W, 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000 May 7, 1991 Mr. Ken Ellingsworth Executive Vice President DELRAY BEACH CHAMBER OF COMMERCE 64 SE 5th Avenue Delray Beach, FL 33483 RE: Bill - Delray Affair The overtime billing and totals for this year's Delray Affair are as follows: Environmental Services (Streets & Traffic) $3,259.11 Parks and Recreation 4,843.56 Fire Department 695.60 Facility Maintenance 40.00 . I, Total $8,838.27 The amount owed by the Chamber of commerce is 50% of the total, $4,419.14. Please make check payable to the City of Delray Beach and mail to the Finance Department, 100 NW 1st Avenue, Delray Beach, Florida 33444. Sincerely, ~# Robert A. Barcinski Assistant City Manager Administrative Services RAB:efw cc: Josept Safford Tur- 1:'--- ~ . .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM :it l5D - MEETING OF JANUARY 21, 1992 CHANGE ORDER NO. l/FINAL PAYMENT - FIVE STAR CONSTRUCTION DATE: January 17, 1992 This is a change order to the contract with Five Star Construction which reduces the contract amount by $54,493.45 for the s.w. 4th Avenue Sidewalk project. The change order reflects the price for actual quantities used for this project. Additionally, staff is requesting authorization to make final payment in the amount of $4,581. 53 to Five Star Construction. Staff has inspected this project and found it to be satisfactorily complete. Recommend approval of Change Order No. 1 and authorize staff to make final payment to Five Star Construction in the amount of $4,581.53 with funding from Decade of Excellence Bond Issue - s.w. 4th Avenue Sidewalk (Account No. 225-3162-541-61.44). '. ;;<1 '. . . . Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: X Regular Agenda ____Special Agenda ____Workshop Agenda When: 1/21/92 item (who, what, where, how much) S . W. 4th Ave. (Project No. 91-55) Five Star Recommendation: Staff recommends approval of Change Order #1 to Five Star Construction and subsequent final payment. Department Head Signa e: ,p~~M .",,~~J q/lJ'{z- Determination of Co s ~tency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) , Budget Director Review (required on all items involving expenditure of funds): Funding available: @NO Funding alternatives NJ~ (if applicable) Account No. & Description 2,:Z.$ 3tb'2.. 5'+1 '" .If-~ Sl~~ Account Balance -1 8f.b Rb o~ . c.. -sw - l- City Manager Review: ~ ~" Approved for agenda: ~~~INO Hold until: Agenda Coordinator Reviaw: Received: Action: Approved/Disapproved " "'1 '. .. , . CHANGE ORDER No. 1 Date , 19 - Project No. 91-55 Project Name: Sidewalk Construction on S.W. 4th Ave. (Budget Acct. #225-3162-541-61.44) (P.O. #503662) Owner: City of De1ray Beach, Florida Contractor: Five Star Construction, Inc. Contract Date: September 6, 1991 To: Five Star Construction, Inc. , Contractor You are directed to make the following changes in the subject contract: Final plus/minus quantity change order based on final measured auantities of the contract unit prices. See Schedule "A" for breakdown. which changes are more specifically described in the attached amended plans, drawings, and specifications. The reason for the change is as follows: Final as-built measured auantities and work from contract quantities. Staff has verified measurements. The contract price and contract time shall be adjusted because of such changes as follows: A. Contract Price l. Contract price prior to this c~ange order: $146.124.00 1 of 2 .. "',I' ,. . CHANGE ORDER # 1 2. Net ~fi~as~ resulting from the change order: -54,493.45 3. Current contract price including this change order: 91,630.55 B. Contract Time 1. Contract time prior to this change order: 120 calendar days 2. Net increase resulting from this change order: o calendar days 3. Current contract time including this change order: 120 calendar days City of Delray Beach, Florida, OWNER By: Thomas E. Lynch, Mayor Attest: city Clerk City of Delray Beach Approved as to form: City Attorney The above changes are accepted on , 19 . I understand that all the provisions of the Contract Document related to Project No. 91-55 which are not inconsistent with the terms of this Change Order shall remain in effect and apply to all work undertaken pursuant to this Change Order. Witness: Five Star Construction. Inc. , CONTRACTOR By: As to Contractor Title 2 of 2 .. 1.'1 I I " I MOOOO 0 ONOO I 10 " I I'~OOO 0 O~I'O I ~ " I . . . . . . . . . . I . 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A ~ ~) L' I ,~~ ~~ T I ;] N AND CERTIFICATE FOR PAY MEN T PAGE 1 OF 2 . -----~ '.--------------------------------------------------------------------------------------------------------------------------------- TO (OUIIER;: CITY OF DELRAY SEACH PROJECT: SIDEWALK CONSTRUCTION ON APPLICATION NO: FINAL DATE: l/1S/92 ENVIRONMENTAL SERViCES DEPARTMENT ON SOUTHWEST 4TH AVENUE 434 SOUTH S~INTON AVENUE PERIOD TO: .];nuary 1.5, 1992 OELRAy BEACH; FLORIDA 3:3444 ARCHITECT'S FROM (CDNTRACTOR): FIVE ~:.T AR CONST. ~ I NC . VIA (ARCHITECT): PROJECT NO: 91-.55 4260 N.~. 1ST AVE. #56 BDCA RATDN, FL 33431 CQ~HRACT DATE: CDNTF~ACT FOR; CONSTRlJCTION OF SIDEWALKS, CURBS & GUTTERS ---------------------------------------------------------------------------------------------------------------------------------------- CONTRACTQR1S APPLiCATION FOR PAYMENT Application is madE for payment) a; ;hDwn belowl in ------------------------------------------------------------_..---- connection with the Contract, Cont, Sheet is attached :CHANGE ORDER SU~MARY f,\} ,-------------------------------------------------------~--------, \. Orioinal Contrad, slm;""""""lft/LA......$~1,ii:'1}-:'5'S ' , - I : ADDITIONS $ : DEDUCTIONS $ 2, Net change by Change Orders"""", "~, 0,00 :CHANGE ORDERS APPROVED IN 3, CONTRACT SUM TO DATE (lines 1+2) $'31 ,630. SS :PREVIOUS MONTHS BY OWNER---) : 4, TOTAL CO~PLETED AND STORED TO DATE""", $91,b30,SS ;----------------------------------------------------------------, (Column G on Continuation Sheet) .----------------------------------------------------------------, APPROVED THIS MONTH : 5, RETAINAGE ,----------------------------------- . a, 10l of Completed Work""" NUMBEH OR DATE (Column d+e on Continuation Sheet) DESCR I PTI ON : APPROVED b, 101 of Stored Material", 0,00 ----------------------------------- : : (Column F on Continuation Sheet) 0.00 Tetal Retainage (line 5a+5b er Column I of Continuation Sheet!""". 0,00 6, TOTAL EARNED LESS RETAINAGE", .."... , 91 ,630 5S (Line 4 less Line 5 Total\ ---------------------------------------------------------------- 7, LESS PREVIOUS CERTIFlCATES FOR Ti" .'\1 ,~. {J (:Cl : PAYMENT (Line 6 prior Certificate), 87,04902 I U I hL...:. , , --is, CUHREN1 PAyMENT DUE"""" 4)581.53 ----------------------------------- ------------- -------------- , , , .., ." .." : Net change by CHANGE ORDERS 9, BALANCE TO FiNISH, PLUS RETAINAGE, , ,"'" a.GO ----------------------------------------------------------------- (Line 3 less Line 6) The undersigned Contractor certifies that to the best of the Contractorl; ------------------------------------------------------------ knowledgE! information and belief the Work covered by this Application fer State oi rLoK-l,D~ Count" oi /~ .6&.Au+ Payment has b2en completed in accordance with the CDntract Documents, that _________________ r __________________ all amounts have been paid by the Contractor for Work tor which prEvious Subscribed and sworn te C2rtifi(ates for PaYllient wer2 iSSU2d and payment; r2ceit2d frOm the Owner, before Hie this /5 da' of.;J'/PJ I 139'2- _______ r _____________ ___ and that CUirent payment shOwn herein is now due. CONTRACTOR: FlUE STAR CONSTRUCTION, INC, ofAarIda :y~::::::::~~::::_~::'~::~~:~:~____H:_~:::::::::_E:::::::______-:::~~___________ ARCHITECT'S CERTIFICATE FOR PAyr-ENT . f? In accordance with the contract Ducuments! bas2d D~ on-site oosarvations ''''Oi'''T rriT-.C[;' t 4- j t J. - A" ,)" L,d\, ,/, 11- " , , , , , , ' , , , , , , , , , , , ' , , '~----';f---- _L______ and the data comprising the above applicationr the Architect certifies. to . +- .........l-.-.~. ;.'"', - JA ~ r"~ ..; ,.4'...,., ~- j.. \At"aEr, eA,nol,,,Le,, ,t arriL,u"t L!::ltlLed ul" IS f.uw, Lie the bEst of the Architectls knowledge, information and belief the work has aMunt, appl i,.; . er) progressed a5 indicated! the quality of the Work is in ac~ordance with the ARr'LlTTi:'I'T' ~ \.olll L,I.'II ' Contract Documents; and the Contractor is entitled to payment oi the Date: !/; 51t L AMOUNT CERTIFIED. -------------------------------- --. --- ----- This CertifIcate of not negetiable, The AMOUNT CERTlFIED is payable only to the Contractor named herein, Issuance, payment and acceptance of payment are without prejudiCE to any right; of the D~nei or Contractor under this Contract. ---------------------------------------------------------------------------------------------------------------------------------------- '. . APPlICATIrnt1.Nu CERTIFICATE FOR PAYMENT - CONTINUATION SHEET PAGE 2 ----------------------------------------------------------------------------------------------------------------------------------- PROJECT : SIDEWALK CONSTRUCTION ON $,W, 4TH AVENUE APPLI CA TI ON NO: FINAL DATE: 1/15/92 CONTRACT FOR: 31,500 L,F, 4" SIDEWALKS, 2,350 L,}, 6" SIDEWALKS t CURBS PERIOD TO: iliSi92 TO: CITY OF DELRAY 8EACH CONTRACTOR: FIVE STAR CONSTRUCTION! ING. PRO,JECT NO,: ,)1 _ C C ~; J ..',-' ----------------------------------------------------------------------------------------------------------------------------------- : A : B C : D , E F : \l I , \J II ----------------------------------------------------------------------------------------------------------------------------------- : : : WORK COMPLETED : MATERIALS T D1 AL ~ : H : ITEM: DESCRIPTION OF WORK SCHEDULED PREVIOllS : THIS : PRESENTLY : COj~F'LETED BALANCE ; NO : VALUE : APPLl CA T JON: PERIOD STORED : AND STORED : IB/Gl : TO FINISH : RETAINAGE : (D+E) : ( NO TIN D TO DATE t r._r:., '."" U I : : : : DR E) (D+E +F:: ----------------------------------------------------------------------------------------------------------------------------------- ,,1 4" Thick Sidewalks E 1 ! 430 , 27 51 , 430 , 27 (\ rHO, ttt i ,t'J;" ";i 1.00\)% '" +..' t I-+-"'V, LI 02 5'-6" Thick Sidewalks 7,680, E.O 7,680,60 0_00 0 $7,680,60 ] r'1I\(\~ . "".'VH 03 Type uFu Curb ~ Gutter 800,00 800.00 0,00 t, $800,00 1. OOO~ " 04 Seed, Mulch, Swale Grading 17,600,00 17,600.00 0,00 " $17,600.00 1,0OO%. " OS Testing Lab Allowance 8,720,38 8,720,38 0,00 u $8,720,38 ] ,000% 06 Video Recording Allowance 5,389.30 5,389,30 0,00 (1 $5,389,30 1,000% 07 lndemni f ication 1 I), (lO 10,00 0.00 (: $10.00 O.OOl~ ---_________________________________________________________________________________________________4r______________________________ APPLICATIDN TOTALS $91,6:30,5.5 $91 ,63Cl.S5 $0.00 ttl fl1"\ 4J., C'Jti CC $0,0(: 1),00 .'.1. v\.' ..., j , '_'~l'-' . ~"..i ----------------------------------------------------------------------------------------------------------------------------------- ,. ,-,I " . MEMORANQUM TO: MAYOR AND CITY COMMISSIONERS eM FROM: CITY MANAGER ~. , SUBJECT: AGENDA ITEM # g E - MEETING OF JANUARY 21, 1992 SERVICE AUTHORIZATION NO~_~~HAZEN AND SAWYER, P.C. DATE: January 17, 1992 This is a service authorization in the amount of $8,500 under the contract with Hazen and Sawyer, P.C. for consulting services to assist PEC Consultants on the Master Booster Pump Station project. The scope of service for this authorization provides that the City shall furnish Hazen and Sawyer with process control design memoranda, plans and specifications associated with the master pump station booster pump controls, lift station 100A controls and associated telemetry interface requirements as prepared by PEC Consultants. Hazen and Sawyer will review this material and advise PEC Consultants and the Ci ty , as required, on instrument and control equipment selection, telemetry requirements, control strategy design and interface with variable speed pumping equipment based upon a constant suction pressure control concept. Recommend approval of Service Authorization No. 8 in the amount of $8,500 with funding from 1991 Water and Sewer Revenue Bond - Engineering Services (Account No. 447-5166-536-33.11). ~~ (J(LL CmWRA<!i- jd/ /9'.;1- " ,,' " '"' - . Agenda Item No.: .AGENDA REQUEST Date: 1/9/92 Request to be placed on:' xx Regular Agenda Special Agenda Horkshop Agenda When: 1/14/92 Description of agenda item (who, what, where, how much) : Staff requests City Commission to approve Service Authorization No.8 from Hazen & Sawyer. P.C. for consulting services in the total lump sum amount of $8.500. Fundin~ source will be 447-5166-536-33.11. Pro;ect No. 90-05 - Process Control Engineering Support for Master Booster Pump Station. Consultant shall review and advise PEC ConsultRnts Rnd City on instrument & control equipment selection, Telemetry re1uirementsfi Control strategy design, ORD~NARCE/ RESOLUTION REQUIRED: ~/NO Ora t Attac ed: X'mQ'NO etc. Recommendation: Staff recommends City Commission to approve Sprvi('p Alltnori7..<ltion ;.". No.8 in the amount of $8.500 for Hazen & SR~er. P.C. to give consultant support to PEC Consultants pertaining to the master booster pump station for on-going ~tlldip~ Department Head Signature: ~11 g/U:>.~ / If'/, z- Determination of Consistency with Comprehensive Plan: "'!" City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: ~ NO (if applicable) Funding alternatives: Account No. & Description: ~:~n-S{Wo-S~.3?7-{ ( M;:k,-rt:r<. SE:\^JI\G~ L-IFl C;;mT-€M Account Balance: 1)}~lgoq.~ City Manager Review: Approved for agenda: eY/ NO f'7/l1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ,. '. , ~ CITY OF DELRA Y BEACH CONSULTING SERVICE AUTHORIZATION DATE: January 8, 1992 SERVICE AUTHORIZATION NO. 8 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: 447-5166-536-33.11 PROJECT NO. 90-005 (CITY) (HAZEN AND SAWYER. P.C.) TITLE: Process Control Enalneerina Support for Master (Booster) Pump Station I. PROJECT DESCRIPTION On-going wastewater transmission system master planning studies by Hazen and Sawyer Identified and recommended modifications to the eastern portion of the City's wastewater system to: 1. Reduce flow to existing master pump station. 2. Re-route certain 11ft station force main systems to eliminate double pumping and reduce associated energy costs. 3. Revise the design of the planned master pumping station to an In-line booster type station and relocate the booster station to pennlt development of the downtown park area. Conversion to a booster station avoids all spills, corrosion and potential odors associated with equivalent wet well - dry well systems. The Installation and tie-In of the local 11ft station force main systems Into the master force main network will require accurate monitoring and control of the pumping systems. Work under this Authorization shall provide booster pump station process control engineering technical support to establish control criteria, review Instrumentation and control strategies and assist In the selection of appropriate equipment for Integration with the City's existing telemetry system for control of the booster pump system. II. SCOPE OF SERVICES CITY shall provide CONSULTANT with process control design memoranda, plans and specifications associated with the master pump station booster pump controls, 11ft station 100A controls and associated telemetry Interface requirements prepared by PEC Consultants. CONSULTANT shall review and advise PEC Consultants and CITY, as required, on Instrument and control equipment selection, telemetry requirements, control strategy design and Interface with variable speed pumping equipment based upon a constant suction pressure control concept. Page 1 of 2 PROSC024.BCA:1-7-92 .. , ' . .. III. BUDGET Services under this authorization will be provided on a lump sum basis. The total lump sum fee shall be $8,500. IV. COMPLETION DATE Services under this authorization will be accomplished concurrently with the engineering services provided by PEC Consultants for the master 11ft station design and related wori<. APPROVED BY THE CITY HAZEN AND SAWYER, P.C. OF DELRAY BEACH _ DAY OF By CITY OF DELRA Y BEACH, a municipal corporation of the State of Florida ATTEST: By: BEFORE ME, the foregoing Instrument, this 8th day of January , 1992, was acknowledged by Gary W. Bors, Vice ATTEST: President on behalf of the Corporation and said person executed the same free and By: voluntarily for the purpose therein expressed. City Cieri< APPROVED AS TO FORM: By: WITNESS my hand and seal In the Courlly and City Attorney State aforesaid this ??'d~ day of ~,. 1992. Notary Public ~ State of Florida My Commission expires: NOTARY PUBl Ie ,STATE OF' FLORIDA MY COMMISSION EXP. JAN. 9,1995 BONDEO THRU GENERAL INS. UNO. Page 2 of 2 PROSC024.BCA:1-7-92 ,. ill' .. . . MEMORANDUf1 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/1 SUBJECT: AGENDA ITEM #: ~F - MEETING OF JANUARY 2l, 1992 SERVICE AUTHORIZATION NO. 2A/FIRE STATION NO. 1 DATE: January l7, 1992 This is a service authorization in an amount not to exceed $7,150 plus reimbursables not to exceed $450 under the contract with Currie Schneider and Associates, P.A. , AlA I for permitting services in conjunction with the Fire Station No. 1 project. The scope of service under this authorization includes obtaining the necessary permits from the Palm Beach County Health Department, Department of Environmental Regulation, Florida Department of Transportation, and South Florida Water Management District. Recommend approval of Service Authorization No. 2A under the contract wi th Currie Schneider and Associates, P .A., AlA, in an amount not to exceed $7,150 plus reimbursables not to exceed $450 with funding from Decade of Excellence Bond Fund - Central Fire Station (Account No. 225-2311-522-61.56). P u.1.lufL ~ ~ ~ CJl u.tIJo ~ C2/>0' on C~ da:b- (;" e. ~ ~ ) d/ r mdiL to fU-~ Co- ~ puumJt ~wJ- zi #.t.. UMJ~~). ~~ (Uv Wmvnd.ufL 5-0 .. . . Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: 1/13/92 x Regular Agenda ____Special Agenda ____Workshop Agenda - When: 1/21/92 Description of agenda item (who, what, where, how much) Currie Schneider Associates Service Authorization 2-A for Permitting Services associated with Fire Station #1 under Phase III of the General Agreement Cost of $ 7,150 plus reimbursables not to exceed $ 450.00. City Expense Code 225-2311-522-61.56. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Department Head Signature: 1;/tf/6~a--'~ 0'1(r z- Determination of Consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if ~PliCable) Account No. & D~scription~(l 1J B1~ - ('~ roe ~ Account Balance . City Manager Review: --, l70 Approved for agenda: l!E~NO Hold Until: - Agenda Coordinator Review: Received: Action: Approved/Disapproved ,. ,. . x ' . CI1Y OF DELRA Y BEACH CONSULTING SERVICE AUTHORIZATION DATE: January 10, 1992 SERVICE AUTHORIZATION NO. 2-A FOR CONSULTING SERVICES CI1Y P.O. NO. CI1Y EXPENSE CODE 225-2311-522-61.56 PROJECT NO. 91-58 (CI1Y) 90576.01 (CONSULTAND Currie Schneider Associates AlA, P A TITLE: ARCHITECTURAL SERVICES for DElRA Y BEACH FIRE HEADQUARTERS FACILITY · FIRE STATION NO.1 PHASE III CONSTRUCTION DOCUMENTS PHASE PHASE IV BIDDING/NEGOTIATION PHASE I. PROJECT DESCRIPTION Preparation of drawings and specifications (contract documents) for the design and construction of Delroy Beach Fire Station No. l/Fire Station Headquarters Building, comprising approximately 29,550 SF, based upon the program as prepared by GEE & JENSON, dated June 4, 1990. The facility is to be located on the north side of Atlantic Avenue between Fifth and Sixth Avenues in Delroy Beach, Florida. II. SCOPE OF SERVICES Permitting Services as outlined in Service Authorization No.2 and as described in Article III BUDGET ESTIMATE OF SERVICES. Wastewater Collection Permitting Palm Beach County Health Department Water Distribution Permitting Palm Beach County Health Department Department of Environmental Regulation Florida Department of Transportation Permitting Connection Permit Droinage Permit South Florida Water Management ,. HI '. , , Engineering Permitting Fees $ 6,500.00 CSA fee at lOOk $ 650.00 /II. BUDGET . Compensation shall be established as a fixed fee of Seven Thousand One Hundred Fifty Dollars ($7,150.00) for basic services as outlined in the scope of services. Reimbursable expenses shall not exceed Four Hundred Fifty Dollars ($450.00) as per paragraph V/I A 2a, 2b (1-6) for this service authorization. IV. COMPLETION DATE The services shall be prefor;a;d as expeditiously as is consistant with professional skill and care and the orderly pr ress of the work. , dl /KltfV f=n 'fldLU & /J;oead2 &~ - .. ,,' . . of . This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services encompassed by the previous phase and/or service authorization. If the City in its sole discretion desires, the City may terminate the contract during any phase or at the completion of any phase without incurring any further liability. The Consultant may not cOrT1mence work on any service authorization approved by the City to be included as part of the contract without a further Notice to Proceed. APPROVED BY THE CITY CONSULTAN~ OF DELRAY BEACH DAY By: · OF Larry M. Schneider, AlA CITY OF DELRAY BEACH, a municipal corporation of the State of Florida Attest: By: BEFORE ME, the fO~ing Mayor instrument. this Lq , day of : / eVYU{ ~I 7f 1992, was acknowledged by l ~lJ/!!1J . Attest: I on beha f of the Corporation and By: said person executed the same free City Clerk and voluntarily for the purpose therein expressed. APPROVED AS TO FORM: Witness my hand and seal in the By: 10:J~nd State aforesaid this City Attorney ~day of -l CiAufcr.:r 1992. Notary Public ,-;&cJr!6b Sta~~= #! My Commission Expires: ",. IIotary N:.Ik" Stat. ofFlorfdcr 576\svaulh2a.576 My (ommlulon ExpirlS June 5, 1992 Ionded Thru T,.~ falrt . 'n,,,,ranee 1.r:tC. o. 1"1' '. '- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fI1v1 SUBJECT: AGENDA ITEM :If: 8- Cr. - MEETING OF JANUARY 21, 1992 FINAL PAYMENT/POOLE AND KENT, INC. DATE: January 17, 1992 We have received a request for final payment in the amount of $3,158.70 from Poole and Kent, . Inc. for completion of the Emergency Wellfield Assessment project. The consulting engineer, CH2M Hill, has inspected this project and found that it conforms to the contract documents. Recommend approval of request for final payment in the amount of $3,158.70 from Poole and Kent, Inc. with funding from 1984 Water and Sewer Bond - Wellfield Assessment (Account No. 441-5162-536-60.37). '. '. ~ - . ~ Agenda Item No.: AGENDA REQUEST Request to be plac~d on: Date: X Regular Agenda ____Special Agenda ____Workshop Agenda When: 1/21/92 Description of agenda item (who, what, where, how much)____ Delray Beach Emergency Wellfield Assessment (Pro;ect No. 90-10) Author~ ization for final payment to Poole & Kent, Inc. in the amount of $'3,158.70. . Project is ,completed and conforms to Contract Documents. Budget Account No. 441-5162-536-60.37 ORDINANCE/RESOLUTION REQUIRED: ' YES~ DRAFT ATTACHED ~/NO Recommendation: Staff recommends payment to Poole & Kent, Inc. Department Head Siq~0: h/~~t>..-:<.~/#~&z- Determination of c~~ency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) , Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding alternatives _ (if applicable) Account No. & DeSCriPt.~n ;Ic;,~ s:~.c:. kO 3]. ~FI~ - Account Balance $ "2.2... 't 3 ' oj oS. NSm. , City Manager Review: '--.. Approved. for agenda: l/1Eo/NO (ljJj Hold Untll: .../ Agenda Coordinator Review: , Received: Action: . . Approved/Disapproved ,. - - . . .- THE POOLE AND KENT COMPANY MECHANICAL CONTRACTORS APPLICATION AND CERTIfICATE rORPAnnt781 itlw.~MfJtFliVtR DRIVE MIAMI. FLORIDA 33125 JOB 10 : 91601 (305) 325.1930 -----------------------------------------------------------1rA~-r.nrsr-32~:0522---------------------------------------------~------- . .'. To: CITY or DELRAY BEACH Project: E!ER6EKCY YELLFIELD Application 10: 10 Distribution to: 43~ S. SYIITOI AVEIUE ASSESS!E!T OYlER DURAY BEACH, FL 3HH Period To: I ARCHITECT COXTRACTOR Frol: THE POOLE & lENT COKPANY (CORTRACTOR) Via: CHU HILL Architect's 800 FAIRiAY DRIVE t350 Project 10: SEF2~708.EO Contract For: 6EIERAL CONTRACT Contract Date: 11-13-90 R..~ -ti: 10 ----------------------------.------------------------------------------------------------------------------.------.----------------- COXTRACTOR'S APPLICATIOI FOR PAY!EIT Application is lade for PaYlent, as shovn Below, in connectionvith the CHARGE ORDER SUKKARY Contract Continuation Sheet. AlA Document 6703, is attached .-----------------------.--------------------------------.-- Change Orders approved in l : : 1. O1l6IKAL COlrRAC! SUK ...."............."".""" ~ 870916.00 previous lonths by Ollner. : : : 2. Jet change by Change Orders ........................ * -lIlS0.B7 --------------------------------------------------~-------- 3. COITRACT SUK TO DATE (line 1+2) ............. ....... * B~.13 Approved this month I : ~. TOTAL CO~PL!TED l STORED TO DATE ... ....,....... .... ~ 851Sb5.13 10. Date Approved : (Coluln 6 on 6703) I 5. RETAIIAGE: I a. 0% of COlpleted York .,....... $ : (Coluln D+E on 6703) : h. 0% of Stored Katerial ........ $, : (CoIUlD F on 6703) ------------------------------------------------------------ Total Retainage (Line 5a+5b ....... .... .... $ 0.00 rOTALS I : I or Total in Coluln I of 6703) let change DY Change Orders : ------------------------------------------------------------ 6. TOTAL EARIED LESS RETAIJA6E .................... .... ~ B~'5~5.13 (Line. less Line 5 Total) The undersigned Contractor certifies that to the best of' 7. LESS PREVIOUS CERTIFICATES fOR PAYKEIT ............. $ 856~06.43 the Contractor's knoll edge, inforlation and belief the York (Line 6 from prior Certificate) covered by this Application has heen completed in accordance 8. CUIl.lEI! PArKEIt DUE ................................ $ 3\58.70 with the Contract Doculents, that all amounts have heen paid 9. BALANCE TO fIIIS8, PLUS RETAIIAGE ....... ........... ~ 0.00 hy the Contractor for Vork IIhich previous Certificates were (Line 3 less line 6) issued and paYlents received frol the Owner,and that current ------------------------------------------------------------------------ paYlent sholln herein is nOli due. ~ state of:,4~ ~ \ \ \ 'J2 Subscribed and Svor to elore Ie this ~ day of ~~11991 . ~ Rotary Publi. '. ' CONTRACTOR: rHE POOLE & URT CO!PARY lly couissio . ' '\ tl6T PUBLIC STATEJUONFE rll4o~~~~ , 'MY COMMISSION EXP . ------------------------------------------------------------------------------------------~t" -~~p--~~~-~~~~~~~-!~~:-:~~~:~------ \ ' . .... ARCHITECT'S CERTFICATE FOR PAYllEn A~OUJr CERTIFIED........................................ t" 3'58.70 Attach explanation if alount certfied differs frol alount applied for. In 'c"rd.nc. ,llh lh. C"lr.cl D,cu..nl" h.,.d ,n ,,-,II. ARCH~ observations and the data cOlprislng the ahove application, ' the Architect certifies to the Ovner tha~ to the best of By: . [~ Date: ..!!!L-J--"/~/ the Architect's knowledge, inforlatlon and belief the York has indicated, the quality of the York Is in accordance This certificate is not negotiable. AllOUIT CERTIFIED,is payable only vith the Contract Doculents, and the Contractor is entitled to Contractor naled herein. Issuance, paYlent and acceptance of this to paYlent of the A!OUNT CERTIFIED. paYlent are vithout prejudice to,any rights of Owner or Contractor. --------------------------------------------------- ., 1.'- " . CITY OF DELRAY BEACH, FLORIDA.- CITY COMMISSION REGULAR MEETING - JANUARY 21, 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS - ADDENDUM THE CONSENT AGENDA IS AMENDED TO INCLUDE: ~q~ H. ACCEPTANCE OF AN EASEMENT DEED/EASEMENT AGREEMENT: Accept an easement deed and easement agreement from Trainer Roofing for a 25 foot utility easement necessary to install water and sewer mains in the former enclave area on Germantown Road. THE REGULAR AGENDA IS AMENDED TO INCLUDE: N. RESOLUTION NO. 19-92: A resolution which requests that the Department of Community Affairs finds the Countywide Future Land Use Element to be "not in compliance". '. . '. . EASEMENT DEED . THIS INDENTURE, made this day of , 19 -', by and between , parties of the first part, and the CITY OF DELRAY BEACH, a Florida municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the parties of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: utility easement with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit 'A' attached Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purpose of the easement. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the parties of the first part agree to provide for the release of any and all mortgages or liens encumbering this easement. The parties of the first part also agree to erect no building or effect any other kind of construction or improvements upon the above-described property. Parties of the first part do hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS: PARTIES OF THE FIRST PART STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an office authorized in the State and County aforesaid to take acknowledgments, personally appeared , well known to me, and they acknowledged executing the same. WITNESS my hand and official seal in the County and state last aforesaid this day of , 19 , - Notary Public, state of Florida at Large My Commission Expires: . ~H '. I . , ~ ~ ~ \~ -l 3/rn J/lf/7 ff- · ~ '1 ' 1==J ~ ~ ~ v ~ Ft7.#.i' \..'1 #~r7(?5 i~ . PJ"If'r/-- /Y'./'iY 77.7~j' . ~ \\" "P"5? . " >- 'j' ' _ ,!?;r1St?e &. - I "', ~ ". ' :""- L-L.J ." .t' '/177/, 7" \ -- _,' _'"'' -"~J " J ~ >- 'l: _ , ~ - ~ Dc \, ~ ~ ~~... ~ ----. 1- ", ~ ~ ~ ~ SS ~ -- ::. ~ ~ ~~n _. .~ <J) '3 ~; ~ ~" ~ "lii~" " '~ \L, <(:::t , " .. ' ~ ,_,' ~ . , , , r >< 'J ,,"'" "'~ t ~~ \ 'lJ ~ ~. ~ ~ ~~. '" I ,.~ r-- " ,~ ~\ 'J (\'( !:<.. ~\, ~ ,,, ~ I , ;': ,,'\;) ~"'ll ('\, \I I" r ~ ,_ ~ ~.. Vi" t\- ~ ',., ~ ~ .....' 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NO~.'" _'- ... . ~ ~ ~ ,'" ~e~ ~~o ~~~i ~ L MN :: ~J^'" l MS .. ;~aI L!rw~' Iii ~~ l~~'''''~i ~I ?t ~~ ...~~ iil.~~:~O:~lIlr ~ 8 MN Z 3^,,' ~ ... Zl ,,~~ "n ~ ~ -~ -.l lQ r- ~ lo. ....I&! to> ( Te C JM' 6 MS tj I II~,.} ~t 5 : ': 3;'V LI'lL~'~1 ~MS . ~ ~ ~ ~ ~ Q!8 ~ ~ ~..J..J ~ ~ ... ~ ............ J\ I N -il ~ t:r: ::l <:> '" Ii; <:> ,.. ~ J." _; ,^'.. _. _III.. -;;'" . j 00''''", ~I '" ~ 'li 0 g~ ~ ~ n ~ ~ ," IN' U J^'f2 ! u .. MS I 'S.'I'Ol ~ .. 1 ~ ~ ~ ~~u -.l8w'" ~~! .it J^'f Z lL MN J^" U ... Ms:1I .... 2L ~:"~c.;""":."""A t ~I ~ ~ ~ :i ~ i ~ ~Ii;;= ~ :~ ~ 'f tl MN J^'f tl MS ~;;: .. .. r;;.. ~ ~ \,J ~ I!l ~ 8 t I!l 0 ~ ~ - .,...." ..... ... _'-' oN\ u ~ "'~I' 1 ^'f ..;1, M'f .1 ...I!:I;MS;; !"'Q' _ljO" UOI T.~ \it ~ ~" ~...~~ ~J~~~~, 'ill MS_..;b.-nv'ilf. t; ,i ! ('\.ii I ~~ ~13~~ Ill~Z~~~~' = __,...._. .1 "I"'~ " ~-~ ".~~eg;>1 .^.... J.Od1Qliil V &. I -1i.~311't LI M:I ^'t LI ~ '-iI,' (" ~ ~~ ~<\O~~:Z tj~ui~f I ,:: ' II en 'l\ Vi '\. ~ .. t:'" wg,.. ~I l.~~~r",~ '''0' ml ~ a.,om, .' fI-J ,~~ ~ "~~~ ~"t,,~g~ ",r'---l "_,, '- :t8"< l ~ ~. ~ ~ -e e~~~~~" , ... u!< _ '" ... ~ ~ .... A; ~ ~ Ill..; '" ~ l . '11 ~ ------- r- ~-:i:)--OZ--MS..I'\ G"J.~.lfin ~, ~ e ~~ IS f-o!C;~ ~cii~~~'::~; ~ i (~~ ~ : ~L-=i'::',~I1"~' " ,~<; ~ ~,,~~ ~~!>~~s~ I \~~I ~~. ' H:)YlI. ..,W.. ....JlM ....]I.LN..:t..:an" , AGREEMENT THIS AGREEMENT is entered into this day of January 1992 by and between Trainer Roofing, Inc. , and the CITY OF DELRAY BEACH, a Florida Municipal Corporation in Palm Beach County, state of Florida (hereinafter referred to as "City"): WHEREAS, City is desirous of securing an easement across Trainer Roofing, Inc. 's property for the purpose of installing and maintaining a 8 inch sanitary sewer and 8 inch water main; and NOW, THEREFORE, based on the premises set forth below, the parties do hereby agree as follows: 1. Easement Deed. Subject to the terms and conditions contained in the Agreement, Trainer Rooking, Inc. will convey upon the execution of this Agreement to City, an Easement Deed for a 25 foot wide utility easement generally running parallel to the property line (as described in Easement Deed dated the day of , 199 ) for the purpose of installing and maintaining a underground 8 inch water main and a 8 inch sanitary sewer. The city will provide the Easement Deed. The City will pay for filing fees and document stamp costs related to the Easement Deed. .. AGREEMENT THIS AGREEMENT is entered into this day of January 1992 by and between Trainer Roofing, Inc. , and the CITY OF DELRAY BEACH, a Florida Municipal corporation in Palm Beach County, State of Florida (hereinafter referred to as "City"): WHEREAS, City is desirous of securing an easement across Trainer Roofing, Inc. 's property for the purpose of installing and maintaining a 8 inch sanitary sewer .and 8 inch water main; and NOW, THEREFORE, based on the premises set forth below, the parties do hereby agree as follows: 1- Easement Deed. Subject to the terms and conditions contained in the Agreement, Trainer Roofing, Inc. will convey upon the execution of this Agreement to City, an Easement Deed for a 25 foot wide utility easement running parallel to the north property line (as described in Easement Deed dated the day of , 199 -> for the purpose of installing and maintaining a underground 8 inch water main and a 8 inch sanitary sewer. The city will provide the Easement Deed. The city will pay for filing fees and document stamp costs related to the Easement Deed. .-"'.-_.- 2. Installation. City will install the sUbject water line and appurtenances in a generally acceptable manner within the easement dedicated by Trainer Roofing, Inc. Such installation will be designed by City in a manner as to protect the interest of Trainer Roofing, Inc. and the facilities installed will continue within the dedicated easement until they exit the property. The City will return all existing features to equal to or better than condition prior to the installation of the facilities. 3. Indemnification/Insurance. Each party shall be responsible to the other for any and all negligent actions of the party, their assigns, employees or agents. 4. Maintenance. City will maintain the subject water and sewer line in a reasonable condition and should City find it necessary to conduct repair activities on the lines within the easement, City will return all disturbed areas to equal to or better than condition prior to the action. Trainer Roofing, Inc. m~y maintain landscaping, driveways, and paved parking areas over and within the easement and shall be able to modify said improvements from time to time. Trainer Roofing, Inc. will not install any structures within the subject Easement area. 5. Consideration. a. City will provide 6" sanitary sewer service to property line, (lots 7 and 8), including all construction and hookup fees, if applicable. .. ,.,' . b. City will provide 3/4" - 1" water service and meter to property line, (lots 7 and 8), including all construction and hookup fees, if applicable. c. Consideration a and b above will be valid for five (5) years after date of this Agreement. After such time, consideration a and b above will become null and void. d. The City will provide whatever size applicable codes require at the time of installation with regard to a. & b. e. The City will not delay Plan Approvals or Permit Applications relating to the development of this property so as to take advantage of subparagraph 5 (c) . 6. Notices. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: Trainer Roofing, Inc. 3120 N.W. 16th Terrace Pompano Beach, FL 33069 City Manager CITY OF DELRAY BEACH 100 N.W. 1st Avenue Delray Beach, FL 33444 7. Miscellaneous. a. The prevailing party in any litigation arising here under shall be entitled to its reasonable attorneys fees and court costs including appeals if necessary. b. The right of the grantor shall enure benefit its successors or assigns. c. This Agreement, along with the Easement Deed, constitutes the entire agreement and .understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said agreements must be in writing and executed by both parties. . . IN WITNESS WHEREOF, the parties have accepted, made and executed this Agreement and three (3) counterparts each constituting an original upon the terms and conditions above stated on the date first set forth above. TRAINER ROOFING, INC. CITY OF DELRAY BEACH By: By: Tom Trainer, President Thomas E. Lynch Mayor Attest: Attest: Approved as to Form: COUNTY OF: PALM BEACH STATE OF: FLORIDA City Attorney Sworn to before me this _ day of , 19 - Notary Public .. " Ir"rtlIH:.r" i'i'..i. ..L I 'j '_ . i t..-_ ; t,_:. 0 .-t_" ,- -- _ _I I ...... J - - ...:.. -' . -+..., . ..'- I I.J ___.........__. '....._ .. ; " IN WITNEf.>D WHL::HEOF, the pat"ties have ecccpted, mad. 01'1<3 OKocutod this ^tJrf.'l:G'wsnt and tll)"ee (3) CO\.lntorparts each oonstit.uting an (,>1,' i9 in.:\l upon tho t,orms and conditions abovG stated on th(~ date first set fort.h above. . TRAINE1~ INC, /2;.1 /J . CITY OF DELRAY BEACH ".-- -" ..{.,~~{/. , By: (..~' By: Tom Tl-alner, preside.nt Thomas E. Lynch Mayor Att(lnl.'L Attest: Approved as to Form: COUNTY OF: f'ALM BEACH STJ\TE OF: FLORIDA City Attorney Sworn to before me this _ day of . ,'0",,, _ , 19 - --.... Notary Public or . . -,,_.-- '. , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t7;V1 SUBJECT: AGENDA ITEM # cga.:L - MEETING OF JANUARY 21, 1992 FEE WAIVER POLICY FOR NON-PROFIT ORGANIZATIONS DATE: January 17, 1992 This item is before you to approve the policy whereby plan check and building permit fees may be reduced or waived for non-profit organizations. At the January 7, 1992 workshop meeting the Commission gave consensus approval on portions of the proposed waiver policy. Additionally, direction was provided with regard to additional conditions which should be incorporated into the policy. Those items have been incorporated into the policy and this item is now being brought before you for formal action. The reduced fee structure is as follows: Blanket Permit Option: $l,OOO or less $38.10 plus $18.50 per inspection $1,001 or more $38.10 plus $12.70 for each $1,000 thereafter Miscellaneous Permits: $1,000 or less $26.55 plus $18.50 per inspection $1,001 or more $26.55 plus $ 9.25 for each $1,000 thereafter Sub-trade Permits: $1,000 or less $38.10 plus $18.50 per inspection $1,001 or more $38.10 plus $25.40 for each $1,000 thereafter It is estimated that in most cases staff costs will exceed the fees assessed. Additionally, the policy provides that the City Manager may consider the waiver of fees requested by agencies and/or organizations (identified below) as follows: 1. Fees assessed under Section 2.4.3 (K)(l), Development Applications, 100% of assessed fees may be waived. 2. Fees assessed under Section 2.4.3 (K) (2 ) and ( 3 ) , Plan Check and Permit Fees, no more than 70% of the assessed fees may be waived. 3. All fees may be waived for the use of the City's portable stage when used in conjunction with special event activities and activities held at City facilities. .. " , Those eligible for waiver consideration are: 1. Non-profit organizations currently receiving a portion of their annual operating budget from the United Way and/or the City and possessing a SOle (3 ) designation from the State of Florida. 2. Service organizations who elect to sponsor and participate in special event and/or fund-raising activities that are of benefit to the general public. For this purpose, eligible organizations must must provide in writing the extent of their involvement with the proposed activity. A group's physical presence (active involvement) during the event in required. A detailed staff report is attached as backup material for this item. Recommend approval of the fee waiver policy for non-profit organizations. .. '. - . Agenda Item No.: .AGENDA REQUEST Date: 1/16/92 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: Description of agenda item (who, what, where, how much): Fee Waiver Policv for Non-Profit Or~anizations ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval Department Head Signature: ~ ~ ---~ / Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if 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: 1\ Approved for agenda: (y~:~/ NO /JJ;J: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .. MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: APPROVAL OF FEE WAIVER POLICY FOR ELIGIBLE NON-PROFIT ORGANIZATIONS/REGULAR MEETING OF 1/21/92 DATE: JANUARY 16, 1992 ITEM BEFORE THE COMMISSION: - - Proposed policy governing the waiver of fees defined under Section 2.4.3 (K) (1) Development applications and 2.4.3 (K) (2) (3) Building Plan Check fees and building permits. Establishing a percentage of assessed fees that might be waived by the City Manager, providing for the deletion of fees charged for use of portable stage for eligible non-profit and service organizations. BACKGROUND: Staff proposed a policy to the City Commission at the workshop meeting of January 7th which defined eligible non-profit organizations and service groups who could receive waivers to certain fees providing specific condi tions were met. The Commission gave consensus approval to portions of the policies that were before them and gave direction regarding additional conditions preferred. Therefore, staff is submitting the revised fee waiver policies for the Commission's consideration. Several building permi t applications were reviewed and an analysis was made to determine actual cost to the City for services provided. Actual costs of services varied from project to project. In cases where construction plans are submitted in compliance with applicable code requirements and construction work is performed to standards, approximately 30% of fees assessed were reflective of actual costs. However, it is important to note that most building plans require additional review time for revisions and technical consultations with staff prior to the issuance of the building permit. Costs will also vary with project size, complexity and competency of construction company employees. ., ,.;,. '" David Harden Proposed Fee Waiver Policy Page 2 FEE CALCULATIONS AND COST OF CITY SERVICES - ---- Building permit fees are based on the value of construction. Assessed fees include work permitted for all sub-trades that may be required. Blanket Permit Option: $1,000 or less $38.10 plus ( +) 18.50 per required inspection $1,001 or more $38.10 (first $1,000) plus ( +) 12.70 for each $1,000 of value thereof Miscellaneous Permits: $1,000 or less $26.55 plus (+) $18.50 per required inspection $1,001 or more $26.55 (first $1,000) plus ( +) $ 9.25 for each $1,000 of value thereof Sub-Trade Permits: $1,000 or less $38.10 plus ( +) $18.50 per required inspection $1,001 or more $38.10 (first $1,000) plus (+ ) $25.40 for each $1,000 of value thereof Example: Given a $50,000 addition to a single family residence, the blanket permit fee would be $660.40. It is estimated that approximately 8 hours of plan review would be required (general building review, plumbing, mechanical and electrical) and at least 12 inspections conducted. Our costs would exceed the $660.40 fee assessed. The cost to the City is based on the number of hours spent on plan review, inspections and permit processing, which includes staff time from the ini tial application submission through the issuance of the certificate of occupancy. '. f'.'I' '. ... , . 'I David Harden Fee Waiver Policy Page 3 POLICY SUMMARY: Pursuant to the approval by the City Commission, the City Manager may consider the waiver of fees requested by agencies and/or organizations as defined below. For this purpose, fees assessed under Section 2.4.3 (K) (1), Development Applications, 100% of assessed fees may be waived; fees assessed under Section 2.4.3 (K) (2) & (3), no more than 70 % of the fees charged may be waived and the waiver of fees charged for the use of the City's portable stage when used in conjunction with special event activities and activities carried out at City facilities. Those eligible for waiver consideration are: Non-profit organizations currently receiving a portion of their annual operating budget from the United Way and/or the City of Delray Beach and possessing a 501 C (3) designation from the State of Florida. Service organizations who elect to sponsor and participate in special event and/or fund-raising activities that are of benefit to the general public. For this purpose, eligible organizations must provide in writing the extent of their involvement with the proposed activity. A group's physical presence (active involvement) during the event is required. RECOMMENDATION: Staff would recommend City Commission approval of the proposed fee waiver policy, allowing the City Manager to consider requests from eligible groups as proposed. LB:DQ d12 Fees.LB .. hI_ . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGEJM SUBJECT: AGENDA ITEM # ?K' - MEETING OF JANUARY 2l, 1992 FINAL PLAT APPROVAL/PALM COVE APARTMENTS DATE: January l7, 1992 We have received a request for final plat approval for the Palm Cove Apartments located on the south side of Linton Boulevard just west of Homewood Boulevard. Palm Cove is a proposed 252 unit multiple family development. Previously, Delray Bay Apartments were approved at this site. However, they were never constructed. During the processing of the full site plan and plat for Delray Bay Apartments the applicant requested that the site plan for Palm Cove be permitted to run concurrent with the plans in process. The Planning and Zoning Board at their March 18, 1991 meeting approved the site plan and preliminary plat for Delray Bay. However, the plat petition was not finalized due to the new configuration of the Palm Cove site plan. As a plat was previously recorded for Delray Bay, Palm Cove only needs to replace existing facilities in conjunction with its plat. The replacement easements have been provided and the plat is now ready for approval. The Planning and Zoning Board at their December 16th meeting certified the final plat for Palm Cove, subject to conditions. A detailed staff report is attached as backup material for this item. Recommend approval of the final plat for Palm Cove, subject to the conditions as recommended by the Planning and Zoning Board. ~ I.X(L ~ ~ aloo ~. :If /5'- 9.;2 ( apfU~ M/rrlL dat:e) .Il(, aiJ&)<Lf~ i~ '. ,. . t/J) C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAV.ID T. HARDEN'~ITY.MANAG~.. . --, ~, ~ '\~ :''S.~'~,~~~~~-- a~'.' THRU: DAVID J. KOVACS, DIRECTOR DEP RTMEN OF ~L NNING AND ZONING FROM: II SUBJECT: MEETING OF JANUARY 21, 1992 FINAL PLAT APPROVAL ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of final plat request for Palm Cove Apartments. The project is located on the souths ide of Linton Boulevard, just west of Homewood Boulevard. BACKGROUND: Palm Cove is a proposed 252 unit multiple family development. Previously, Delray Bay Apartments were approved at this site, but were never constructed. On March 18, 1991 the site plan and preliminary plat for Delray Bay were approved by the Planning and Zoning Board. However, the project was never constructed due to the submittal of the new Palm Cove project. For further history refer to the Planning and Zoning staff report. Due to the fact that Delray Bay has a recorded plat, Palm Cove only needs to replace existing facilities in conjunction with its plat. The replacement easements have been provided and the plat is now ready for approval. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at it's meeting of December 16, 1991 and certified the final plat for Palm Cove is consistent with the preliminary plat (site plan) subject to the following conditions: "I' ".1. . City Commission Documentation Final Plat for Palm Cove Apartments Page 2 * That "Technical Items" 1-4 in the staff report be addressed prior to scheduling plat for City Commission action and * That the abandonment for existing easements be executed at the same time the final plat is approved by the City Commission. These conditions have been met. RECOMMENDED ACTION: By motion, approve the Final Plat for Palm Cove Apartments. Attachment: * P&Z Staff Report and Reduced plat ,. ,.d PLANNING & ZC":"JING BOARD (~, C.ITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: DECEMBER 16, 1991 AGENDA ITEM: ' IV. A. ITEM: FINAL PLAT FOR PALM COVE (aka Delray Bay) Jl 1'/ - I J ll~" .~ ~~, ~ ~ ~~c. J\. .... CDLJ'f 'IJ\>'-!J'" E: I _ ~.u... . . .'. . f ,I l ~~ 1 _ l I 1:iS --=.>... ----:~~,v"Ff--~::...T~::-~. - -:---- 'W --,- --, i ~~"T~""j;~ I!!lo' .-, - ~ '" ! W~ ' ~8'P~_'Dl'fJlllo& 1 'Ii ~ CROS~~~t>S ~~ ~r",~V't'" ,;: J' /.~ "4 ~"'-""~' . I . PHASE...~?l '/ ~. ~.-... P>.,'Q,/II ~ ~\.~y.", / (1 &<< .~. v.f~ ~q," - ',I , "1i"AL , ~ ~ '1' <~C~~.I~- <II I -"......,. ... 1\. ~.-. ~ . J ~....~..,~. ~ . ..,/ , '.1"'" !:t.'T,I,lI. . '7;: . _ - Ito . . -u ~ p.,ce' ' . ,'I' :~..-, 3611-A 10...'....."",1</ u, .:Y I' . f:'~ t:;~f..,:-fC~I:~ . !::".-k."-:-:" ~,;~/ .v. ," / _:.- :...~".;......,;~ ~C;_~;r:arl-....j\\AB. BEY OEL~':J' ( ~N .' ,;~""",'. l""~ I..J.~~V"""~'~' SOUTH'~',' ~ t I"~'''~ '~~;'II("':" \. ..:. ~'':~;~_'~'':'''~ ~... \~.....-....:;:-... ~ :""..;""G,~.h!, /; ___ h_~ .' ,'- - z-"" ~~ "..- ~~'C"\"""~'_I'" ,-\..._~,.,..,~~~/" , ji .-:- " . ., . ~ ~ to '----"" ')... ,.".--.' '-:".~:\..;..,~ ' 'L~~2 N~t"n...1 . ,,0.0 - -i 'L-~.Rt;... - , \ ~"'-="'"~ ~""l...., II U ..e .' . ,.. ,...,.... ..,;J,,". ,,~, ..~. ~~....... 'J" j r-; to' :--, ~,. '. - .;:.1::1.; t .. .' ~. -- ~';)'. - ~ ;" ce"'u' _,~. .1'\-,.r,Hi"S 1-. ~ '," Z. I,''''' N:-.z 7 t to ....-r" ~... I ------'. "'NO .../.~ . ;..,-,.:".,....,.:-1,.., ;~ ..... ""'-'. .,...._1 AT GENERAL DATA: Owner...........................Delray Bay Assoc. Ltd. Agent................. ..........Keith Kuhlman Locatlon........................On the south side of Linton Boulevard, between Homewood Boulevard and Dover Road. Property Size...................14.217 Acres City Land Use Plan..............Mediurn Density 5-12 Du/Acres City Zoning.....................PRD (Planned Residential Development) Adjacent Zoning.................Land to the west of the subject property is zoned RM (Multi- Family ResIdential) and A (Agri- culture), land to the south is R-lAAA (Single Family Residential), to the east is PRO and RL (Multi-Family Residential), and to the North is RM. Existing Land Use...............yacant Proposed Land Use...............Multi-Family Residential Water Service...................12" water main along Germantown Road, and 8" throughout the development. ITEM: IV.A. Sewer Service...................8.. sanitary sewer throughout the opvelopment, ., ,.,1. .. (-', 0 . ' , -,.-- . ITEM BEFORE THE BOARD: The item before the Board is certification of a final plat as being consistent with the preliminary plat (site plan). The subject property is a replat of parcels Band C Delray Bay, located west of Congress Avenue, south of Linton Boulevard, west of the Crosswinds development. The site contains approximately 14.182 acres. Note: The plat by definition is considered a major subdivision, as it involves the reconfiguration of utilities, replacement easements and abandonment of an ingress/egress easement. BACKGROUND: The subject property has a long development history. For complete background history refer to the Delray Bay Plat staff report of August 21, 1989. The site and development plan approval in 1989, was for 222 townhouse and flat over flat rental units. After the plat was recorded no further development occurred on the site. More recent history is discussed in the following paragraphs. The Board has seen several site plan modifications since the Delray Bay plat was recorded. The first site plan modification involved the redesign of Delray Bay Apartments, a proposed 252 multi-family development. The City Commission approved an extension for the previously approved site plan along with a sketch plan at its October 23, 1990 meeting. As the full site plan and plat for Delray Bay Apartments was being processed, the applicant requested that another site plan (Palm Cove) to run concurrent with the plans in process. At its meeting of March 18, 1991, the Board approved the site plan and and preliminary plat for Delray Bay Apartments. The plat petition was not finalized due to the new configuration of the Palm Cove site plan. On May 20, 1991 the Board approved a basic site plan for Palm Cove Apartments. A preliminary plat and full site plan was submitted on October 9th. The site plan received final approvals on October 23rd from the Site Plan Review and Appearance Board. The final plat is now before the Planning and Zoning Board for certification that the final plat is consistent with the preliminary plat (site plan). ,. '.'1 . r~ 0 . ~/ . PROJECT DESCRIPTION: The replat is basically a boundary plat. Parcel E is designated as an ingress/egress easement for Delray Bay Boulevard. The ingress/egress easement enters the site from Linton Boulevard, traverses west then south along the west boundary line to Germantown Road. The most significant aspect of this replat is the abandonment of existing easements i.e. drainage, utility, ingress/egress and the providing of new and replacement easements. An abandonment petition has been filed. However, it has not been accepted for processing. The abandonments will need to be executed at the time the final plat is approved by the City Commission. p L A T A N A L y S I S REQUIRED FINDINGS - CHAPTER THREE: Pursuant to Section 3.1.1 (Required Finding) prior to the approval of development applications, certain findings must be made in a form which is part of the official record. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four area; Concurrency, Consistency with the Future Land Use Map, Compatibility with the Comprehensive Plan Policies and Compliance with Land Development Regulations. Positive findings in regard to the above items and the Standards for Site Plan/Plat action [Section 3.3.3] were discussed in the May 20th staff report (basic site approval). A copy may be obtained from the Planning Department upon request. TECHNICAL REVIEW ITEMS: 1 . Permits required from P.B.C. Traffic Division for the modifications on Linton Boulevard and access road onto Germantown Road. 2 . Permits required from P.B.C. Health Department, S.F.W.M.D. and L.W.D.D. ~ ,.d . f'; () . . '-- ',-./ , 3. Provide a certified cost estimate of the public improvements for the project on site and road work offsite. Include costs for relocating plant materials, modifying sprinkler system and any new plant/grass in the medians on Linton Boulevard. 4 . Plat does not reflect utilities on the west and east side of the property. Revise accordingly. ALTERNATIVE COURSES OF ACTION: A. Continue with direction. B. Certify the final plat as being consistent with the preliminary plat (site plan) with conditions for Palm Cove Apartments. C. Deny the request with basis stated. RECOMMENDED ACTION: Certify that the final plat for Palm Cove Apartments is consistent with the approved preliminary plat (site plan) subject to the following conditions: 1. That Technical items 1-4 be addressed prior to scheduling the plat for City Commission consideration. 2 . The abandonment petition for existing easements be executed at the time the final plat is approved by the City Commission. jcm/#9:PALMPLAT.TXT '. "'., · r 0 . . '~~.' "--"*" '. CJ;1,9J NC7J..N/7 ____, ,~_" ' I . "+: _ __~~ ~~_~l_J:_l"" "1<'lC1 ~ " I' st '.;:::. Q( ....,.j,Jl~ J<u1 "1.0. ._ ; 1,..." n'd" s. C.. '..,],., 00.., __'\. .... 6... 1"-_ _~'__.;';:;;_ _____ ,,, 'oo.. 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS f FROM: CITY MANAGER/'ll L / SUBJECT: AGENDA ITEM # g'L - MEETING OF JANUARY 21, 1992 RESOLUTION NO. 15-92 DATE: January 17, 1992 This is a resolution vacating and abandoning all existing access, utility, drainage, limited access and water easements located wi thin Parcels Band C, Plat of Delray Bay. This abandonment petition is associated with the Palm Cove plat petition. Before the plat can be approved, the old easements within Delray Bay must be abandoned. Replacement easements are being provided wi th the Palm Cove plat. The only easements that will not be abandoned are those with existing utilities in within them. No Planning and Zoning Board consideration is required for abandonment of easements. Recommend approval of Resolution No. 15-92 vacating and abandoning all existing access, utility, drainage, limited access and water easements located within Parcel Band C Plat of Delray Bay. ~ t..Jt.LL ~ / /.u /9,;)..- '. . . ,. RESOLUTION NO. 15-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL EXISTING ACCESS, UTILITY, DRAINAGE, LIMITED ACCESS AND WATER EASEMENTS LOCATED WITHIN PARCELS "B" AND "C", PLAT OF DELRAY BAY, AS RECORDED IN PLAT BOOK 65, PAGES 127 AND 128 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, EXCEPT CERTAIN ~SEMENTS BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Delray Bay Associates, Ltd., a Florida limited Partnership, is the fee-simple owner of all the lands contained in the Plat of Delray Bay, according to the Plat thereof as recorded in Plat Book 65, Pages 127 and 128, Public Records of Palm Beach County, Florida; and WHEREAS, Keith H. Kuhlman, Authorized General Partner of Delray Bay Associates, Ltd., has made application for abandonment of all existing access, utility, drainage, limited access and water easements lying within Parcels "B" and "C", Plat of Delray Bay, as recorded in Plat Book 65, Pages 127 and 128 of the Public Records of Palm Beach County, Florida, except certain easements being more particularly described herein; 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 utility easements, 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 to vacate and abandon all right and interest it holds to the following real property: All access utility, drainage, limited access easement and water easements located within Parcels "B" and "c" of the Delray Bay Plat, as recorded in Plat Book 65, Pages 127 and 128 of the Public Records of Palm Beach County, Florida, with the exception of the 45 foot Lake Worth Drainage District easement, as per O.R. Book 3419, Page 144, those portions of the 12 foot utility easement located adjacent to Old Germantown Road and those portions adjacent to Crosswinds Phase II, Tract "A" Lake, as recorded in Plat Book 44, Pages 34, 35 and 36, of the Public Records of Palm Beach County, Florida. . AND EXCEPT ALSO A 12 foot wide drainage easement lying in Parcel "B", Delray Bay, as recorded in Plat Book 65, Pages 127 and 128, Public Records, Palm Beach County, being more particularly described as follows: Commence at the Southeast corner of said Parcel B, thence North 00 20'26" West along the East line of said Parcel B for 40.99 feet to a point on a curve, said point bears South 66 33'59" West from the radius point, thence Northwesterly along a circular curve to the right having a radius of 299.39 feet, a central angle of 4 36'08" for an arc distance of 24.05 feet to . . . - --- --- -~--- -- - -.- the point of beginning of said 12 foot wide drainage easement lying 6.00 feet on each side of and contiguous with the following described centerline, thence South 38 02'43" West for 73.49 feet to the point of terminus. PASSED AND ADOPTED in regular session on this the 21st day of January, 1992. MAY 0 R ATTEST: City Clerk . . -2- Res. No. 15-92 . 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W S~~S~, o c.V!uj,a w - ~ - . ..i. · ~ ; : 0 . irl"' ~ -t-. zi5iti5,' . ,> OW ' ~~, ~l.. H :=:liW 0 . ~.. . w ~ xi:i'i~ . i ..' '- ~ 0 ~ - C' .~.. - ~ ~~> ~.. I ," e~O~' ~, . ," ~ 0- u _ l' ~~~.u w ~,OW - % %' .x~ . I i' e~e~ . ~ . ~- , " '" : n. 0 .... , I~: ~... ~ . ._.",0,. " r----- I u. · -, . -- .... - " -- ~ ----" " " - . -, - .. . ,- .. ~: -- . " . . ~ -. ...-- . " .. . , , " '" J) . . ::"rv-II C I T Y COM MIS S ION D d CUM E N TAT ION TO: THRU: ZONING FROM: II SUBJECT: ,MEETING OF JANUARY 21, 1992 ABANDONMENT OF UTILITY, DRAINAGE, AND ACCESS EASEMENTS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of various utility, drainage, and access easements lying within the plat of Delray Bay Plat Book 65, Pages 127 and 128 The project is located on the souths ide of Linton Boulevard, just west of Homewood Boulevard. BACKGROUND: This abandonment petition is associated with the Palm Cove plat petition. Before the plat for Palm Cove can be approved, the old easements within Delray Bay must be abandoned. Replacement easements are being provided with the Palm Cove plat. The only easements that will not be abandoned are those with existing utilities within them. PLANNING AND ZONING BOARD CONSIDERATION: No Planning and Zoning Board consideration is required for abandonment of easements. RECOMMENDED ACTION: By motion, approve the abandonment of various utility, drainage, and access easements within the plat of Delray Bay through the adoption of Resolutin 15-92. Attachment: * Reduced Plat of Delray Bay . .l'9'ld JO S.ll~ll I' 9i ON l'ftt.j.i..~ .! '...;JI'I\,1 ~ 1 .40U' _ f ,00 , r " .-J; ~ '~I~ , . Ji ~., . ."" -~ , ..f' ".~ _ :ii .J . , -.' . _ 0 . . . oZ' ' .' ,. . :;~. .- ; 00' ." . . a:: a:: ,; S - t · I- u" " 'i,;- .... _ _ u ~ ::- i :; t::l Z . ,."' z " . , ; II' 8~ _ / ~ " '; I is ~ ". . ,,<0' ,,' u c, . . , ._' ,,' u " -i · . l _ ~. & ;:11 ..' <lCT'1041 I . 1:~ ~ ~I;_ ,If)>-<a:fTl .,,_ 0 .' >-< '<7 ~Ii~"" "l!'-' wo ~ ~ "'~ s ~ ~ :;: i ~ .... ~ -l lU . ~:~:: Q:~~:!' lUa..lJ..t::l< . ~ . E" -:,,";" ':!". ~ ~. vi ~ . ,,~ k_ h :: : : 4! i :I: <l;:a: < ~ i ; ::: :~ ~: ;i ~ ; 1 .s : a.. Z ,ij o~_t:~,dkl=i"....... If),::>:I: z ~:.~: _ ;:e:: ~ i;; II- O~C:H-- " .. ._ ,d' .. _ d . , z u ~. . m , ~ " " " .' ; , i ! , >- ~::J::: I 0; ~l'"'!''''' ... iJiDUm, o Il..!l~:= J~ oS::!! l:: .. <(If)O<llDC: >- 1'-- II &-J!--:: OCDW'<7t. .. ~ . j ;; j~ ,! ,; . JJ J ClJ 5 ~ W Q - ~ ~ ... " . ~L-' ,/ , U) .. ~ k = !." ~ i ' W U. ~ T ' , . "" . ,_.. I"'" '\. . ~ ,& c... ">- t- Z a. 7 {I " c. , . : : . H ~ .5 . ~ . <("OU_: " CC4WU1. " . q,H" -1lI: (1 PI " --1wtl8- I '.., U W lU ., , I W~~~";: I 0 a. t.n ( J ~ (1 - ~ .,,, ,,: ~ i ~ I D. . C.: c. ,'; 0,,'0 z6"'" . ' ' D ... Q U .. _ .J<n.-' ~ >-<LL L '. _0" H _..,'J'.. ~ < ,. , _:3 I' - ;, ,,<n a.... ,<l LL'. I ,'" .,<U",' ,," -l",(J" '1. lJ.... u.. (') LL L .. .. D ___ 0 . ., z .. I- l11 C1 I -- ~ <l or: .: ," 3= -If-<JC.' ~; (l,C> .. I ?f : ~ >- :,; I u - <' -- .... -----, ;= , ' . " " ., - " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS L.P" /\ FROM: CITY MANAGER L / /- SUBJECT: AGENDA ITEM # '8. M . - MEETING OF JANUARY 21, 1992 RESOLUTION NO. 14-92 DATE: January l7, 1992 This is a resolution vacating and abandoning a three foot utility easement lying over the north three feet of Lot 1 and Lots 5 through 23, and a three foot utility easement lying over the west three feet of Lots 2 through 4, Block 1 Seger's Addition. The applicant is requesting this abandonment in order to allow development to occur. The three foot utility easement has not been used, nor is it of value, and no utility providers have objected to the abandonment. When Sea Avenue was abandoned, the previously platted "setback" should have been deleted from the plat, thus allowing future buildings to simply observe normal setback requirements for lot lines. Similarly, there are two platted 25 foot radii at the corners of Andrews Avenue and Ocean Boulevard. These should have also been abandoned with Sea Avenue; and therefore it is appropriate to abandon them now. The Planning and Zoning Board is not required to consider abandonment of easements. Recommend approval of Resolution No. 14-92 abandoning a three foot utility easement lying over the north three feet of Lot 1 and Lots 5 through 23, and a three foot utility easement lying over the west three feet of Lots 2 through 4, Block 1 Seger's Addition, a 15 foot platted building line lying within Block 1, Seger's Addition and two platted 25 foot radii at the corners of Andrews Avenue and Ocean Boulevard. ~ ~ ~ 1/;;V/9;;L '. . . RESOLUTION NO. 14-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN UTILITY EASEMENTS, PLATTED BUILDING LINE AND PLATTED RADII LYING WITHIN BLOCK 1, SEGER'S ADDITION TO DELRAY BEACH, FLORIDA AS RECORDED IN PLAT BOOK 13, PAGE 16 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Michael M. Listick and J.P. Listick, his wife, are the fee-simple owners of Lots 1 thru 23, Block 1, Seger's Addition to De1ray Beach, Florida, as recorded in Plat Book 13, Page 16 of the Public Records of Palm Beach County, Florida; and, WHEREAS, Michael M. Listick and J.P. Listick, his wife, have made application for abandonment of certain utility easements, platted building line and platted radii lying within Block 1, Seger's Addition to Delray Beach, Florida; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interests of the City of Delray Beach to vacate and abandon said utility easements, platted building line and platted radii, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: UTILITY EASEMENTS A 3 foot utility easement lying over the north 3.00 feet of Lot 1 and Lots 5 thru 23, and a 3 foot utility easment lying over the west 3.00 feet of Lots 2 thru 4, Block 1, Seger's Addition to Delray Beach, Florida, a Subdivision as recorded in Plat Book 13, Page 16 of the Public Records of Palm Beach County, Florida. PLATTED BUILDING LINE A 15 foot platted building line lying within Block 1, Seger's Addition to Delray Beach, Florida, a Subdivision as recorded in Plat Book 13, Page 16 of the Public Records of Palm Beach County, Florida. PLATT~ RADII The spandrel of a 25 foot radius in the southeasterly corner of Lot 4 and the spandrel of a 25 foot radius in the southwesterly corner of Lot 23, Plat of Seger's Addition to Delray Beach, Florida, a Subdivision as recorded in Plat Book 13, Page 16 of the Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the 21st day January, 1992. MAY 0 R ATTEST: , . City Clerk ~ 'X j-"v" C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: ZONING FROM: II SUBJECT: MEETING OF JANUARY 21, 1992 ABANDONMENT OF UTILITY EASEMENT, BUILDING SETBACK LINE, AND PLATTED RADII ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of abandonment of a 3 ' utility easement, 15' platted building setback line, and two platted 25' radii within Block 1 Seger's Addition to Delray Beach, Florida The project is located between Andrews Avenue and North Ocean Boulevard, south of Northeast 8th Street BACKGROUND: In December 1991 the Planning Department received a request to abandon a 3 ' utility easement and a 15' platted setback line within Block 1 Seger's Addition. All 23 lots within the Seger's subdivision are under common ownership. The request is being made to allow development to occur. The 3 ' utility' easement has not been us ed, nor is it of value, and no utility providers have objected to the abandonment. Sea Avenue has been previously abandoned. At that time, the previously platted "setback" should have been deleted from the plat, thus allowing future building to simply observe normal setback requirements for lot lines. Similarly, there exists two platted 25' radii at the corners of Andrews Avenue and Ocean Boulevard. These should have been abandoned when Sea Avenue was abandoned and it is appropriate to abandon them now. PLANNING AND ZONING BOARD CONSIDERATION: No Planning and Zoning Board consideration is required for the abandonment of an easement, platted setback line, or platted radii. . . City Commission Documentation Seger's Utility, Platted Setback Line and Platted Radii Abandonment Page 2 RECOMMENDED ACTION: By motion, approve the abandonment f or the 3' utility easement, 15' platted setback line, and platted 25' radii within Block 1 Seger's Addition through resolution 14-92. Attachment: * Site location map and survey reduction . ,. ~ /'.U'fti Dt , 11t Cur. 01' OW? 4<:. s ~ 3c!'~ -,:) ~ rc rc .7:- z:. NO.OO'-I".c '517,01',.., 2rAr~l,o/(t R.,oco" . , $.5 .q,~.$~ S~r'i- ~'Ar,P. Wnl.t'...ny 04'17" "' . 04' 3<)' P ~ '" '" ~ "-> ~ . ,. ..l"""""1li - - - -.........~..,; '~L" ..... ~ .--~- ~ 1"-.", ;;> - ,. ~~- ~ '" . ..... . 0\ Vi ~ :b 01 ~ () I'l ~ )0 A \0 ('\ '" -0 . i " ~ ~ ~ ~;: - - ~ ' "c;. """ -J ':) '" .... 0 UI 0). r " ~ .... (D ~I; ~. = ~ 0 ' >'i) . lI) ..... 0 III () (l) .. """,. '" 'v. 7' .. " - "\ ;It) \:) (0 . III ~ Vt ~ , 0 - ~ ""OJ "'l . - .()o . ~ <.!> ~ . ~ CO " .'" , ~ -.J I, . I 'f) I -1 'c ~ r o 7\\1> ~ ~ -\ll' \Il~':...O Ul ~ C ~ ~~ ~ ~"Z, . O. Cd ~ ..; II - - C -.I~O Ul ~ I O. i .:~, I: I I " I ..> N - C') ~ f) 0 ~~ '> . I II: ~ ~ '> Z04' Asplro( 1'."",,1 , ---=::.~.. Sov/.!!'Oi?,""C. Z036;80' ~ I ~ tJC-'lq{ ~'S.. , - i ~ ~ " ~ t '" . \ ~IDIJ I: > \ I 101 ...J ~ 0 1ZI HUAU - ,- --- ----------------- --- HARBOR -- ----------- __z Z DRIVE << ~ ~ 101 W U (J 0 0 CANAL '"" " '\t 'V 'V ISLAND DRIVE -------------------------------- (J - l- ll) Z ~ ~ CANAL Ill: -.J ~ 0 I- z .c ~ \ I - " I BEACH DRIVE SEA SPRAY AVE. ~ - ~ STREET DTIIJJJIJJl I I J N mrrrrnm I I .- I J '"n,'" _. . '. . ,. - , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~. SUBJECT: AGENDA ITEM # <?- IV - MEETING OF JANUARY 2l, 1992 RESOLUTION NO. 8-92 DATE: January 17, 1992 This item is a resolution assessing costs for abatement action required to board up an unsafe building and to repair the safety barrier around the pool at 20 S.E. Dolphin Drive. 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 $823.90 remains unpaid. Recommend approval of Resolution No. 8-92 assessing costs to board up an unsafe building and repair the safety barrier around the pool at 20 S.E. Dolphin Drive. ,. .,H ., . -~_.._-~-_._- RESOLUTION NO. 8-92 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 Ordi:nances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed 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, WHEREAS, the City Conunission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . '. ~_.~.- ---- _._-----~-_._-------,.- - ------.----.- ~ --.---'---,--.-..------ -------.. . --- Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obl~gations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1991. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 8-92 . .. 1.'1 NOTICE OF ASSESSMENT Date TO: Fireman's Fund Mortgage Corporation c/o Charles K. George Ill, ~sq. ADDRESS: PO Box 2509 Orlando, Fl jZ~UZ PROPERTY: 20 SE Dolphin Drive, Delray Beach, Fl 33445 LEGAL DESCRIPTION: Lot 3, Block 4, Delray Shores, Plat Book 24, Pages 232 and 233, Palm Beach County, F1 You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of ~821.90 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1991, 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 11-8-91 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 11-14-91 at a cost of $823.90 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. ,. ''''1- , ' . . 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 ~ I.". ,. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS Q;v1 FROM: CITY MANAGERL . I SUBJECT: AGENDA ITEM # g"~O - MEETING OF JANUARY 21, 1992 RESOLUTION NO. 9-92 DATE: January 17, 1992 This item is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 1010 N.E. 8th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $4,888.40 remains unpaid. Recommend approval of Resolution No. 9-92 assessing costs to demolish an unsafe building on property located at l010 N.E. 8th Avenue. " ";I .. - -.-..-........---- RESOLUTION NO. 9-92 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 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 f~le an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . ,. ~ -- '-'-- -.- , ---- - ~...._-_.__."_...- ...------.'.,.--- - --_.,~.__.__._._~._---~.__.~-- ~._------._- Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of De1ray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1991. MAY 0 R ATTEST: City Clerk , - 2 - Res. No. 9-92 ,. 1-;1 . NOTICE OF ASSESSMENT Date TO: Marilyn M. Cartwright, Tr. c/o Kenneth Rappaport, Tr. ADDRESS: 1300 N. Federal Highway, suite 203, Boca Raton, F1 33432 PROPERTY: 1010 NE 8th Avenue, Delray Beach, F1 33444 LEGAL DESCRIPTION: Lot 1 (less Martell Arms Condo, Phase I, II, III) according to Plat Book 37, Page 133 of the official records of Palm Beach County, Fl You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $4,888.40 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1991, 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 .7-29-91 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 12-3-91 at a cost of $4,RRR 40 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. '. f"f. \ . 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 . ~ \"\ " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt7;v1 SUBJECT: AGENDA ITEM #: <1? - MEETING OF JANUARY 21, 1992 RESOLUTION NO. 10-92 DATE: January 17, 1992 This item is a resolution assessing costs for abatement action required to board up an unsafe building on property located at 227 s.w. 2nd Avenue. The resolution sets forth the actual costs incurred and provides the mechani sm to attach a lien on this property in the event the assessment of $275 remains unpaid. Recommend approval of Resolution No. 10-92 assessing costs to board up an unsafe building located on property at 227 s.w. 2nd Avenue. '. bll' " " -- ----- - -- RESOLUTION NO. 10-92 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 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, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . '. ~, , .' . - - ,...- Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6 %) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1991. MAY 0 R ATTEST: City Clerk . Res. No. 10-92 - 2 - ,. '.'1 ., NOTICE OF ASSESSMENT Date TO: David Jacob Simmons, David Jacobs Simmons as Guardian for Lucius Simmons, III ADDRESS: 3836 Dolphin Drive, Delray Beach, Fl 33445 PROPERTY: 227 SW 2nd Avenue, Delray Beach, Florida 33444 LEGAL DESCRIPTION: Lots 10 and 11, Block 55, C.H. Diggans subdivision according to Plat. Book 8, Page 58 of the official records of Palm Beach County, Fl You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of 1;7~ 00 by resolution of the City Commission of the City of Delray Beach, F orida, dated , 1991, 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 11-7-91 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 initiat~d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 11-13-91 at a' cost of $275.00 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. ,. 1<'1< , I ~ . 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 ~ . ~ ,." ., - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERcn;v1 SUBJECT: AGENDA ITEM # g"CS( - MEETING OF JANUARY 21, 1992 RESOLUTION NO, 11-92 DATE: January 17, 1992 This item is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 64 N.E. 2nd Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $8,662.50 remains unpaid. Recommend approval of Resolution No. 11-92 assessing costs to demolish an unsafe building on property located at 64 N.E. 2nd Avenue. " 1--'1. " " -l---- ' RESOLUTION NO. 11-92 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 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, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the Cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . II 1'''1- . "__ "__u_ --.-- -" ----_.__._~--_.__._~._.._-- - - _.._--.-.._--- -----_._~~----------_..._._._._-_._- Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- c'ated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk . - 2 - Res. No. 11-92 l' 'HI. - NOTICE OF ASSESSMENT Date TO: Resolution Trust Corp. c/o Real Estate Recovery, Attn: Jake ADDRESS: 927 Clint Moore Rd., Boca=-Raton, FL 33487 PROPERTY: 64 NE 2nd Avenue, Delray Beach, F1 33444 LEGAL DESCRIPTION: Lots 8 and 9, Block 76, Town of Delray according to Plat Book 1, Page 3 of the official records of Palm Beach County, Fl. You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of$8,662.50 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1991, 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 5-3-91 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of,Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 12-13-91 at a cost of $8,662.50 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. ,. "'1 - 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 ~ 1'.1.' . . MEMQRArwUM TO: MAYOR AND CITY COMMISSIONERS FROM: o-;/V/1 CITY MANAGER" ! G SUBJECT: AGENDA ITEM #: f"R - MEETING OF JANUARY 21, 1992 RESOLUTION NO. 12-92 DATE: January 17, 1992 This item is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 57 s.w 5th 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 $2,464 remains unpaid. Recommend approval of Resolution No. 12-92 assessing costs to demolish an unsafe building on property located at 57 s.w. 5th Avenue. ~ 1.'1 " . . -.-..---- .-- - -----.-- .--.-..-. _..._--_..__._-~--~-~._- --- RESOLUTION NO. 12-92 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 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, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . ., I" . " -~ ---_...,---- ----~- Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid wi thin thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty ( 30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 12-92 . -, hi - .. ~ NOTICE OF ASSESSMENT Date TO: Cecil Holt and Lois Bonner ADDRESS: 57~ SW 5th Avenue, Delray Beach, Fl 33444 PROPERTY: 57 SW 5th Avenue, Delray Beach, FI 33444 LEGAL DESCRIPTION: The West 70 feet of Lot 37, together with South 15 feet of the West 70 feet of Lot 38, Block 29 of the resubdivision of Block 29 and 37, Delray, Plat Book 9, Page 66 of the official records of Palm Beach County, FI You, as the record owner of, or holder of an interest in, the~ above- described property are hereby advised that a cost of$2,464.00 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1991, 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 8-22-91 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on12-30-91 at a cost of $7,464.00 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. " ~II' - . ~ . 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 ~ HI ., , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt01 SUBJECT: AGENDA ITEM #: ?s - MEETING OF JANUARY 21, 1992 RESOLUTION NO. 13-92 DATE: January 17, 1992 This item is a resolution assessing costs for abatement action required to remove nuisances on 25 properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to at.tach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 13-92 assessing costs for abating nuisances on 25 properties located within the City. " 1'1. ., RESOLUTION NO. 13-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT: SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES: PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS: PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO ! BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, , pursuant to Chapter 100 of the Code of Ordinances, declared the exis- . tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances: and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the 1and(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from. the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property: and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly re~uest a hearing pursuant to Section 100.21 and 100.22 within the time l~mits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s): and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice: and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved: and, WHEREAS, the City Commission of the City of De1ray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), . I. 1.'1 ., . ----- ~._-_. -- -_._-_.~-~._.._-_._"-----"--' -----~----~--~._.._-- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of B% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property (s), and interest shall accrue at the rate of eight (B) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of B%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of ,1991. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 13-92 . l' ''''1 " COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT S150' OF E50' OF BLK 18/LESS H. & HAZEL CLEM $ 50.00 E20' RD R/W, TOWN OF DELRAY, 3 SUMMER STREET 70.00 (ADM. COST) PB 1, P 3, PUBLIC RECORDS, NORWALK, CT 06851 (RECORDING) PALM BEACH COUNTY, FL (NW 2ND STREET) LOT 19, BLK 10, ATLANTIC EVELYN CLINTON $ 50.00 GARDENS, DELRAY, PB 14, P 63, 111 N.E. 16TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL 33435 ( RECORDING) COUNTY, FL (SW 10TH AVENUE) LOT 14, BLK 39, RESUB. OF WALTER & ELOUISE WALKER $ 65.00 S 1/2 OF BLK 38 & N 1/2 OF P.O. BOX 251 70.00 (ADM. COST) BLK 39, DELRAY BEACH,PB 11, DELRAY BEACH, FL 33447 (RECORDING) P 34, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 4TH AVENUE) S40' OF N256' OF E135'OF BLK DELORES RIGGINS $ 55.00 31, TOWN OF DELRAY, PB 1, P 3, 220 S.W. 4TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING) COUNTY, FL (214 SW 4TH AVENUE) LOT 21, BLK B, TOURIST NOOK, RUSSELL E. BROWN $ 40.00 DELRAY, PB 11, P 47, PUBLIC C/O JUNE DIMON 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL 9720 WILLOW ROAD (RECORDING) (NW 8TH AVENUE) WILLIS, MI 48191 LOTS 22 TO 26 INCL., BLK 15, ALVAN E. MCFORD $ 65.00 TOWN OF DELRAY, PB 13, P l8, l783l N.W. 47TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH CAROL CITY, FL 33055 (RECORDING) COUNTY, FL (SW 3RD STREET) E50' OF W175' OF N160' W 1/2 BEATRICE GRAHAM $ 50.00 OF S 1/2 OF LOT 5, SUB. BOBBY L. GRAHAM 70.00 (ADM. COST) 8-46-43, PUBLIC RECORDS, PALM 721 N.W. 4TH STREET (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 (LAKE IDA ROAD) LOT 22, BLK 32, TOWN OF DELRAY, J.W. & MARGARET YOUNG $ 65.00 PB 6, P 97, PUBLIC RECORDS, 317 S.W. 5TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (SW 4TH AVENUE) -3- Res. No. l3-92 ., ','1. N 1/2 OF LOT 13, BLK 30, TOWN ETHEL MACKEY $ 55.00 OF DELRAY, PB 1, P 3, PUBLIC C/O SHIRLEY WALLACE 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL 1120 N.W. 64TH STREET (RECORDING) (SW 4TH AVENUE) MIAMI, FL 33150 Sl50' OF W135.5' OF BLK 26, FRED MC COY $ 87.90 TOWN OF DELRAY, PB 5, P 64, ... 4950 N.W. 15TH COURT 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH MIAMI, FL 33142 (RECORDING) COUNTY, FL (NW 2ND STREET) E50' OF S135' OF BLK 3, TOWN ARIDEEN CLOSE $ 65.00 OF DELRAY, PB I,P 3, PUBLIC C/O BENJAMIN BALDWIN 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL 1392 LAWRENCE ROAD (RECORDING) (NW lST STREET) DELRAY BEACH, FL 33445 LOT 96, TROPIC ISLE, PB 24, JAMES & ELIZABETH $ 50.00 P 235, PUBLIC RECORDS, PALM A. GINESI 70.00 (ADM. COST) BEACH COUNTY, FL 363-A BRICKYARD ROAD (RECORDING) (TROPIC BLVD.) FREEHOLD, NJ 07728 LOT 29, BLK B, TOURIST NOOK, DELVERNA C. RILEY $ 50.00 PB 11, P 47, PUBLIC RECORDS, 231 N.W. 8TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 ( RECORDING) (NW 8TH AVENUE) W55' OF LOTS 11 & 12, BLK 23, MARIE QUINCE $ 36.00 TOWN OF DELRAY, PB 10, P 69, 506 S.W. 14TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING) COUNTY, FL (SW 6TH AVENUE) LOT 10, NICHOL'S 1ST ADD TO JULIANA NAJULSAINT $ 94.00 DELRAY BEACH, PB 21, P 69, JEANNOT BAPTISTE & 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH G.F. AIMES (RECORDING) COUNTY, FL l013 S.W. 8TH AVENUE (120 SW 7TH STREET) DELRAY BEACH, FL 33444 LOTS 1 & 2/LESS RD R/W, BLK 11, L. C. PROPERTY OF DELRAY $ 94.00 OSCEOLA PARK, PB 3, P 2, BEACH, INC. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 5730 N. FEDERAL HWY. (RECORDING) COUNTY, FL FT. LAUDERDALE, FL 33308 (SE 6TH AVENUE & SE 6TH ST) LOTS 3 & 4, BLK 2, RIO DEL JAMES GINESI $ 38.25 REY SHORES, PB 25, P 5, 363-A BRICKYARD ROAD 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH FREEHOLD, NJ 07728 (RECORDING) COUNTY, FL (SE 6TH AVENUE) -4- Res. No. 13-92 .. ~.'I' . > ~ LOT 17, BLK 1, ATLANTIC PARK ELKANNAH HEPBURN $ 28.00 GARDENS, DELRAY, PB 14, P 56, 1500 N. CONGRESS AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH APT. C-9 (RECORDING) COUNTY, FL WEST PALM BEACH, FL 33401 (NW 13TH AVENUE) LOT 19, BLK l, ODMANN'S SUB., O.W. & MILDRED BURROUGHS $ 64.00 PB 4, P 53, PUBLIC RECORDS, 243 BILBOA STREET 70.00 (ADM. COST) PALM BEACH COUNTY, FL ROYAL PALM BEACH,FL 3341l ( RECORDING) (NW 13TH AVENUE) LOT 19, BLK 2, ATLANTIC PARK J.D. & EARLINE MONROE $125.00 GARDENS, DELRAY, PB 14, P 56, 32 EARLE STREET 70.00 (ADM. . COST) PUBLIC RECORDS, PALM BEACH HARTFORD, CT 06120-1714 (RECORDING) COUNTY, FL (SW 13TH AVENUE) LOT 24, BLK A, WEST SIDE DURANTE-STROCK INC. $ 50.00 HEIGHTS, DELRAY, PB 13, P 61, 2160 W.ATLANTIC AVE, #100 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 (RECORDING) COUNTY, FL (NW 9TH AVENUE & NW 2ND ST) LOT 4, BLK A, WEST SIDE STRAGHN ENTERPRISES OF $ 65.00 HEIGHTS, DELRAY, PB 13, P 61, DELRAY BEACH, INC. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 26 S.W. 5TH AVENUE (RECORDING) COUNTY, FL DEL RAY BEACH, FL 33444 (NW 10TH AVENUE) LOT 5, BLK 2, J.G. FENNO'S ETHEL MACKEY $ 55.00 SUB., PB 2, P 89, PUBLIC C/O SHIRLEY M. WALLACE 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL 1120 N.W. 64TH STREET (RECORD ING) (NW 9TH AVENUE) MIAMI, FL 33150 LOTS 18 TO 20 INC., BLK 5, DORA M. TROUTT $261.48 SOUTHRIDGE, PB 13, P 38, C/O M. REESE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH RR 4, BOX 238 (RECORDING) COUNTY, FL PERRY, FL 32347 (625 DOUGLAS AVENUE) ALL OF PLAT, CORNICHE, PUBLIC CRAFT DEV. II, INC. $ 59.40 RECORDS, PALM' BEACH COUNTY, FL 18559 LONG LAKE DRIVE 70.00 (ADM. COST) (SE 6TH AVENUE) BOCA RATON, FL 33496 (RECORDING) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -5- Res. No. 13-92 .. " .. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f1;k-1 SUBJECT: AGENDA ITEM #: 8'. T. - MEETING OF JANUARY 21, 1992 AWARD OF BIDS AND CONTRACTS DATE: January 17, 1992 This item is before you to approve the award of the following bids and contracts: 1. Turn-out Gear - Fire Department - Municipal Equipment Company (via Orange County Bid) - in the amount of $11,143.75 with funding from Fire Department Uniform/Linen Services (Account No. 001-2315-526-33.48). Account balance $49,103. 2. Meter boxe s , covers and lids - Environmental Services - Brooks Products, Inc. (Palm Beach County bid) in the amount of $24,400 with funding from Water and Sewer Installation of Service Connections (Account No. 441-5161-536-60.58). Account balance $54,000. 3. Police Pursuit Vehicles (10) - Police Department - Duval Ford (via State contract) in the amount of $124,590 with funding from Ci ty Garage - Automotive (Account No. 501-3312-591-60.84). Account balance $567,274. 4. Rechargeable Flashlight System - Police Department - Lawmen's and Shooters Supply, Inc. in the amount of $15,621. 80 with funding from Police Department Special Projecto Fund ~ Equipment Oth~h (Account No. 11:; 2112 521 60.89}. Account balance $225,347. lIa -~n~- Sal- 35.l5 LAw &1-fuec..&mEnr -reu..ST Ft.J./)D - OP~77f}G Recommend approval of the award of the above bids and contracts with funding as indicated. .. '''1 " ~ . Agenda Item No.: AGENDA REQUEST Date: JANUARY 13, 1992 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: JANUARY 21. 1992 Description of item (who, what, where, how much): PURCHASE OF TWENTY FIVE SETS OF PROTECTIVE CLOTHING FOR NEW. PERSONNEL. SOME REPLACEMENTS AND REPLACEMENT FOR OUTDATED STOCK. PURCHASE USING BID FROM ORANGE COUTY FIRE DEPARTMENT. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: RECOMMEND APPROVAL FOR THIS PURCHASE WITH FUNDING TO COME FROM LINE ITEM 001-2315-526-33-48 (UNIFORMS) (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature, ~4s:{~'1~ "- City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives: I\)~ (if apPhiCable) Account No. & Descr~Ption: 00 ~IS S2b 33 tI-~ .. UN I FoIt.~ WI\le"J 'S.Jc.s. Account Balance: ~Jo:3 ~ I City Manager Review: .,.-- 1 Approved for agenda: (~E_~ NO k.~r7.'\.- ( ; Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. .. . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ministrative Services FROM: Ted Glas, Purchasing Officer ~ DATE: January 15, 1992 SUBJECT; DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 21, 1992 - PURCHASE AWARD - BUNKER GEAR FOR FIRE DEPARTMENT Item Before City Commission: The City Commission is requested to award purchase of bunker gear to Municipal Equipment Company, at a total cost of $11,143.75. Per the Finance Department, funding is from: ( ) . Background: Funds were allocated in the Fire Department FY 91-92 budget to purchase bunker gear. A total of $ is budgeted for this purchase. Bunker gear (protective clothing) is available via Orange County Contract #Yl-128A, per attached documentation. The Assistant Fire Chief has reviewed this contract and recommends award for (25) turnout coats and (25) turnout pants. (Items 111 & 2 plus additional lettering on coats.) These are needed for our new fire fighters and as replacement for worn out gear. Gear meets safety testing standards and is the same as existing turnout gear. Recommendation: Staff recommends award of bunker gear to Municipal Equipment Company, at a total cost of $11,143.75, via Orange County Contract. Funding as outlined above. Attachments: Memo from Fire Department Documentation on Orange County Contract pc Chief Koen 8TII 'f HI, - , [IT' OF DELAA' BEA[H FIRE DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: M. B. WIGDERSON, ACTING FIRE CHIEF DATE: JANUARY 14, 1992 SUBJECT: BUNKER GEAR ORDER I would like to place an order for protective clothing, coats and pants, for our new personnel, replacement gear for existing personnel and to have some items in stock for replacement of outdated stock. To maintain the same standards we have established for the department we can "tag-along" on the bid in effect by the Orange County Florida, Fire Department. Utilizing this bid, which is valid until January 31, 1992, enables us to purchase the clothing at a considerable savings through Municipal Equipment Company in Orlando, Florida. We will be ordering 25 sets of this gear, the jacket with lettering is $271. 75 each, to total $6,793.75 and for the pants $174.00 each to total $4,350.00. The total cost for both items will be $11,143.75. This is a budgeted purchase with funds available in Line Item 001-2315-526-33-48 and 001-2311-522-33-48. Attached you will find an Agenda request to present to the Commission if you concur with this proposal. A1{3Jl~ M. B. Wigderson Acting Fire Chief MBW/mmh FIRE DEP/\RTMEI\!T HE/\OQGARTERS. 101 WEST ATLANTIC AVENUE. OELRA Y BEACH, FLORIDA 33444 1![)7/243 7400 . F A X 407/ 265-4660 ., ., " ~ " -oj , ~ Oran~e - County Purchasing Department G. 1<. Calpenterl Manager 201 South Rosalind Avenue, 3rd Floor - Reply To: Post Office'Box 1393 Orlando, Florida 32802-1393 Telephone (407)~3S / ~~-.5'b35 March 14, 1991 H~Ct."\\!~n ~1M' , ,5 1m " MUNICIPAL EQUIPMENT COMPANY 1124 S. Woods Avenue Orlando, FL 32805 Re: NOTICE OF AWARD - Contraot iYl-12a~ / prQ~ective Clothin~ At their meeting on March 5, 1991, the Board of County Commissioners awarded the referenced contract to your firm for Items 1, 2 & 5 thru 10. Enclosed is your copy of the e~ecuted contract. Please consult it for information on the terms, conditions and specifications. If you have any questions, please do not hesitate to contact me.. sincerely, ., ~i , / i / / I II :ns (: -.... ,. " MUNICIPAL EQUIPMENT COMPANY U24 Sout~ WOOCli A_ OIlLA.NDO. FlQRIPA 34806 (4G7) 843-!lIl71 1 (toO) ~ (fLA) fAX (407) ~tu - - ., ,. JAN 14 ' 92 14: 34 FROM MUNICIPAL EQUIPMENT TO DELRRY BCH PAGE. 001 .. . l/ . / FROMlORANGE CO. PURCHASING TO: 96484142 SEP 18, 1991 2:28PM tt916 p.la2 - -.. ,.....,. SOLiCITATION .V1-128-GJ OPENED 1!24/g 1 Bt~ IASYk-A.jION OF ~, ~IBE R~SCUE ~~ER GE6B ITEM NO./DESCAIPTIO~ ~UNI~AL EQUIP~ENT t!QRNING PRIOE 1 . TURNOUT COAT $258.00 $272.04 2. TURNOUT PANTS $174.00 $1C7.86 TOTAL OF ITEMS 1 & 2 $432.00 $439.90 3. BUNKER BOOTS $ 72.00 $ 58.46 4. GLOVES $ 21,00 $ 11.16 5. HELMET $ 84.00 $ 11. 90 6. FACE SHIELD $ 9.00 $ 16,96 7. HAROWARE $ 9.25 $ 6.36 8. HEAD BANOS $ 13.00 $ 10.60 9. I.INER $ 28.98 $ 02 '0. CHIN STRAP $ 7.50 $ 0.36 TOTAL OF ITEMS 5 THRU 10 $152.73 $120.20 , 0' ..;, .. JAN. 14 '92 12:10 FROM MUNICIPRL.EQUIPMENT TO DELRRY BCH "" PAGE.038 . . . MUNICIPAL EQUIPMENT COMPANY 1124 South Woom "",,"lie OR\AI'lOO, FLORIQA 3280S . ~ (40n 843-3071 1 (tOO) ~ (FUI) FAX (40n 648-4J4t '~ - -.. -.. _. .--- -_./ ~~ BID FORM ~~~~ FOR PROTECTIVE CLOTHING ~ ~ ~ ITEM . QESCRIPTION UNIT PRICE TURNOUT COAT $Q(6RDO {~ 1- - \5~1 ~ -.4l..,/ ..l/.L/ ~ AiF/lAG- ,~ MANUFACTURER MODEL ~~l COLOR OF TURNOUT COAT IF ~ ~~ ~W O~ WHITE NOT AVAILABLE, ~~~.uLA-~~~,~' ~\ 2. TURNOUT PANTS $ l'ltf. CO \J~ ~ . A1FP/'l'/lG- ~~~ ~~ MANUFACTURER MODEL COLOR OF TURNOUT PANTS IF ~& YELLOW OR WHITE NOT AVAILABLE ~~~~h--~~k-~. tp 3. BUNKER BOOTS $2c?OO ~~/ II ~67 ~R / I if 6"-:1 MODEL OR.. wi J.....-UG&L-e C;R.~~ 0/d(~O W/ AJ.JG- lS'tJU:: 4. FIRE FIGHTING GLOVES $ ?J.. ,,00 ~U/rJ'~;~ ~.;{..;; L MANUFACTURER MODEL 5. FIRE FIGHTING HELMETS $_PtI. aJ ~ 6t::>O~ MANUFACTURER MODEL Page 39 So1icitation #Y1-128-GJ /1 LJ- ..r.rc/f1S ;57?)C/\ '. " . JAW 14 '82 12: 10 FROM MUNIC1PAL EQUIPMENT TO DELRAY BCH -> PAGE.038 .. . . .. . 6. FACE SHIELD TO FIT 6" AND 4" $ /O.OO~ (2~~ ~/( .tS (;0-6 ?:OO 5601- MANUFACTURER MODEL ~. J/H S Got . 1. HARDWARE FOR FACE SHIELD $ c;dl5 ~ i:!9.10 MANUFACTURER MODEL 8. HEAD BANDS FOR HELMET $ /300 (2~ ~,d h ('?"//.;'"7J, ../~ MANUFACTURER MODEL~ 9. COMPLETE LINER $ ~r. ?i' ~ . (Y) (POO ~~ MANUFACTURER MODEl ~ ~~/~ 10. CHIN STRAP . $ ~ \-SIJ (?p~ C!.. '7 t? 0 ~ MANUFACTURER. MODEL . . ~~e~~~.i5% a ~ ~Jr?~~~ ./ , 'Lfj-- eJ .COHPANY NAME CONTACT PERSON .11.';<'-/ x/~~ ?~3 ~~tf)7/ LOCATION TELEPHONE NUMBER ~~..P ./ 6~f- ~/i/.~ ~ MAILING ADDRESS FAX NUMBER CI:1tR#---~7J . ~L ~~t7oS CITY, STATE, tIP Page 40 A- L..L r7C/VLS STvcA\ Solicitation 'Y1-128-GJ '. '0/ " . . Agenda I tem No. : AGENDA REQUEST Date: January 13. 1992 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: January 21, 1992 Description of agenda item (who, what, where, how much): Contract Award: Meter boxes, covers and lids - Term Contract ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Brooks Products, Inc. at estimated cost of $2.4.400. ViR Palm Beach County Bid #90-006/HV. 'f// /, !;1t (2r' i/ ,/ '.. . / / ~ Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives: (if applicable) Account No. & Description: 4?E./-5Ibl- S"?h. (pO -S~ IN'7rALL.,I'fnON rs:F'Se:r:?Vi Account Balance: t?4}CW. 00 C()N"'~CTlON> City Manager Review: Approved for agenda: (~ NO?~ Hold Until: -~/ Agenda Coordinator Review: Received: Action: Approved/Disapproved '. . . MEMORANDUM TO: David T. Harden, City Manager THROUGH~Obert A. Barcinski, Assistant City Manager/ Administrative Services FROM: Ted Glas, Purchasing Officer ~~/ DATE: January 13, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 21, 1992 - CONTRACT AWARD - METER BOXES - TERM CONTRACT Item Before City Commission: The City Commission is requested to award a contract to Brooks Products, Inc. for meter boxes, covers, and lids, in an estimated cost of $24,400. Per the Finance Department, funding if from: ( ) . Background: Funds were allocated in the Environmental Services Department FY 91-92 budget to purchase meter boxes. A total of $ was budgeted. Meter boxes are available via Palm Beach County Bid #90-006/HV, per attached documentation. The Deputy Director/Public Utilities has reviewed this bid and recommends award. Recommendation: Staff recommends award of meter box contract to Brooks Products, Inc., at an estimated cost of $24,400. via Palm Beach County Bid #90-006/HV. Funding as outlined above. Attachments: Memo from Environmental Services Documentation on Palm Beach County Bid #90-006/HV pc William Greenwood <3.\-2. 'f .";,, MEMORANDUM TO: Ted Glas Purchasing Officer &), THRU: George Abou-Jaoude 1(3 ~ L Deputy Director/Public Utilities FROM: Michael Offie Supt. of Water/Sewer Network SUBJ: CONCRETE METER BOXES (441-5161-536-60.58) DATE: January 7, 1992 The following list of meter boxes, covers and lids are the estimated quantities we will need for the rest of this fiscal year. Meter Box; consisting of body, concrete cover with cast iron hinged lid, as follows: 1) 12IX20", for I" water meters No. 37-H or approved equal 300 $19.75 $5925.00 2) 13IX24", for 1 1/2" water meters; No. 38.m or approved equal 150 $39.65 $5947.50 Cover, concrete: with cast iron hinged lid: as follows: 1) 10 1/8"XI5 3/8" with 4 5/8"X 7 5/8" lid: No. 36-H or approved equal brand offered - Brooks #36-H-C & L 100 $ 8.40 $ 840.00 2) 11 1/4"X18 1/8" with 4 5/8" X7 5/8" lid: No. 37-H or approved equal brand offered - Brooks #37-H-C & L 100 $10.15 $1015.00 3) 13 3/411X 23 1/4" with 5 1/211 X 7 5/8" lid: No. 38-H or approved equal brand offered - Brooks #38-H-C & L 100 $20.70 $2070.00 , .~} ., ,. . 4) Cover, cast iron 10 1/8"X 15 3/8"; No. 36-T or approved equal brand offered - Brooks # 36-T cover 50 $17.00 $ 850.00 5) Cover, cast iron; 11 1/4"X 18 1/8"; No. 37-T or approved equal brand offered - Brooks #37-T cover 50 $23.00 $1150.00 6) Cover, steel l7 3/8"X26 7/8" with 7 1/2" diameter steel reading lid; No. 38-STL or approved equal brand offered - Brooks #38-STL C&L 50 $132.00 $6600.00 TOTAL FOR ALL ITEMS: $24,397.50 ~(f~ ichael S. 0 ie Supt. of Water/Sewer Network MO:pw cc: William H. Greenwood, Director of Environmental Services FILE; Memos to Purchasing Department I . .::~ ~ . . Board of County Commissioners County Administrator Karen T. Marcus, Chair Jan Winters Carole Phillips. Vice Chair Carol A. Roberts Carol J. Elmquist PURCHASING DEPARTMENT Mary McCarty Ken Foster Maude ford Lee . Da te : October 18. 1991 BROOOOO6 Brooks Products, Inc. 7311 NW 77th St. Medley, FL 33166 RE: PRICE AGREEMENT I: 90006B Dear Vendor: This is to inform you that Palm Beach County Board of county commissioners is enterina into a Price Agreement with your company based on one of the following: [ ] FORMAL BID No. C X ] RENEWAL OF FORMAL BID # 90-006/HV DATED 9114/89 [ ] EXTENSION or FORMAL BID/RrQ f DATED [ ] WRITTEN QUOTATION , DATED [ ] VERBAL QUOTATION PER DATED [ ] STATE or FLORIDA CONTRACT NO.: r ] PALM BEACH COUNTY SCHOOL BOARD BID I [ x J OTHER: Meter Boxes, Covers and Lids The term of'this agreement is 10/01/91 through 09130/92. The estimated dollar value is $75,000.00 . The obligations of Palm Beach County under this agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners. Vendor is advised to notify Buyer 30 days prior to expiration and/or when expenditures exceed 80l\! of estimate. Palm Beach County Departments will issue hard copy orders against this agreement &5 your authorization to deliv~r. All invoices must reference each unique document number. If you have any questions, please contact ~chael Hauer at (407) 233-1515. , Director Purchasing Department cc: Wa ter Utili ties; Tammy Smith, Purchasing :. II,: ncculT Four Points Centre, 50 So. Military Trail. Suite 110. West Palm Beach. FL B415 (407) 233-1500 . FAX (407) 233-1511 ., ,;, . .'/ .....), 'I,....~ . BID PROPOSAL . :..1 .... .' ~... . BID 190-006/HV KITER 80X: co~isting of body, concrete cover with cast iron hinge4 li4; as follows: ITEM UNIT OFFER r.o.8. NO. DESCRI~TIOH QUANTITY PRICE DESTINATION 1- 10 1/2" x 17 1/4", for 3/4" water 1500 $15.40 $ 23.100.00 meters No. 36-H or approved equal. Brand offere4 Brooks #36-H-KBC 2. ..~~j,12.t~."fo..,s'fdr7<,t"';<,..t.r"_t.r-' ~;'J{O,. 400 ,19. 7~ . $ 1,900.00 3'1-1. .or:."ppt~~.~}~~1.1. Brand otterH"~\'k9.,~>:I3:~~j~~< ".1J.dl 3. ~i.;A~"Ji~H~~p;tOl'~j"lla,;,;*}".t.'~JAf:i'l'(J 10 $'39~"5 $ 396.50 <"IO."31..B:or!Jvp~l~.equal~'. ~ ~ .,.... Brand offeia~~t38;j..;Jif.M:~;:t;~?" iiI.,,~.... 4. 15 1/2" x 17 1/2", for dual meters. 1500 S 23. is $ 34,725.00 Dual H-4 or approved equal. . Brand offered !rookc-Dual-H4MBC COVER, Concrete; with cast iron hinged lid: as follows: 5. "..~...;~...,~l-a~."jil~j1,~,.~;~"ltb' ....1'\&/8~ ~OO $$~40. $ 1,680.00 I r"1l.'518!'.li.~:'~.,j...~;3.f"\""1Or: ;.Jt~Y.~\.~ltk .. ..-' .... ". ...." . Brand offer.e~()k.,,~.a,~;a.... 6. ,:<:1,~,JI.r;x ,.~!,,;~!t\8n;ZJ1~~4"!/8"Y;.. 1 00 $10.15 S 1,015.00 '''''5t8tt:~ij .~.;;.~31';".t..r;'.pprC)tK,;t~qu.l. i\~;..,..v';;""'"'i>,>r,,,' ........,.. ..",,,v Brand ~ff ~r~d"<lr<H)k"~ft1~.06t".,,>,;;, "_,.,j"'" ,-,!,'_'." _ ,", "(C _:":'~~'~"_~ 7. .1.l,"'Jl4.~J..2a;1/.1t",lit_6;1lall<~~h; ~ . . 20 $~O.70 $ 414..00 T.... bo- '::'1/8'1 ~licl.,;.t~..~,a":",9l'~P))~~v,~\:~qUa1. Br.';Ii'iffl~~~;;,~~;;~t~~...... $..l~. 50 1,350.00 . 8. 14 9/16" x 16 9/16" with 9 1/16~x 100 $ 5 3/4" lid. Dual H-4 or approved equal. Brand offered Brooks Dual H4C&L 12 ., ,,,,. . < . - 4 . I .. BID PROPOSAL , . -, . ' BID t90-006/HV ITEM UNIT OFFER r.O.B. NO. DESC1IP.!ION QUANTITY 'JtICl; DESTINATION 9. For 17" X 28" meter box No. 65-8 50 S:l3.30 $ 1.665.00 - or approved equal. Brand offered Brooks #65-H-MBC 10. COV:E1, ~l~1l:I'Qa-J;j'a.Q, ~la~' ,x15' / 8" 100 '1ft".. OQ S 1,70,0,,00 tfo.)'JJ,'<".~;J'&PPtoi"equ.l. .......>'1, Brand offere4'8l'ook.'3~..t~F9v.J' 11. COY.ER.",,~,~;ill:p~ ;-<1":'1{.~..(iIF~18Jr.J.J 8 If 50 $;23.00 $ t,~50.00 ~...;~;7'7f.qi...pproved equaf. . ~ ~ . '~if,'Jf~k<,' ",,:: ...~);i#~ff~t~r,.'l.v!i.f,g, Brand off.t:..4:'~00It.,)1i1~o::,~ 12. COVER, Cast Iron: 14 9/16" x 16 9/1611, 300 828.70 8 8,610.00 with 9 1/16" x 5 3/4" <:ast iron hinged lid. Dual 8-4' or approved equal. Brand offered B~ook. Dual H4T C~L .... ~.,>~,., e'I;-' ;\':.1-"."i:~n.,~ ,..,,-,,,;~,~;!.~ """". 50 $132:.00 $ 6,600.00 13. ~~,~(O '~k.M!t1 ',,; '.""F.}'l8~,'titJt ,. 112"'''atmtfi:J''~t;: .... fMI.>li4. . "JI".ftt~<< ,A...~ ,"~it'~~1$'" ~r!,J0"~:~~~.~. Dr and of en4" "'. .... ....,....,. '." 14. I LID, Steel Reading; round; 7 1/2" 50 S 13.00 S 650.00 diam.eter. No. 38~STL or approved equal. Brand offered Brooks #38-STL Lid 15. LID, Concrete; round, 6 1/8" diameter. 50 $ 1.85 $ 92 LSO No. 36-l or approved equal. Brand offered Bro~9-~' ~ld 16. LID, Concrete, rectangle; 5 1/2" x 50 S 1.95 S 97.50 9 1/811. No. 36-S or approved equal. Brand offered Braoks S;Lid 17. METER BOX; 17" x 30'4; consisting of 200 S 4~*7~ S 8,750.00 body, concrete cover with concrete lid: for 2" , 3" water meters. No.. 66-2 or approved equal. Brand offered Brooke '66~S-MBC 13 ;" ., "'.' . --- ~ , ~ ;.. f . , , " . - . JID PROPOIlL III '90-006l1Y IUM WIT orrEll. r.o.8. NO. I)ESCUPUON QUANTITY PIICI ~STINATI01f .. 18. COVEll. Concrete: 11 1/~" x 30 1/~" SO S 2:1. 50 $ 1.01$.00 with 8 3/4" x 14 1/~" (!ou(!reh 1i4. No. 66-S or 4pproTed equal. Brand otferM Bfook, 166-8 C&L ~' 19. COVEll. Jteeli a1 3/a" x 34 1/4" with 30 a 136.00 $ 4.080.00 I 7 1/2" 41aseter ,teel readiu9 lid. Xo. 66-STls or a.ppron4 equa.l. ~/ Brand offered Brook. '66-3TL C&L 4.50 ao. tsID. concretej rectangular; a 3(4" ~C a~L:.- $ 2%5.00 ... x 14 112". No. 66-8 or approyed equal. Braud offered Brooks 166~STL L1d ~ 21. LIP, St.el: round; 1 1/2- 4iaaeter; 30 S 13.00 S 390.00 3/4" 4iaaond plate. llo. 66-1'I.'t. or approved equd. Brand offered Brook. 13 Lid Broots: Products aUM" .ho,", doye. If bi441ag alteraate. iDticate aanufacturer ~ part nualaers). ..~O.:~~ TO'fAL ORB I' .0. I. DBS'I': $ PA'fJIIIT 'RIlfS: $ DlLllUf: A. required.... I %$ S~edule of Subcontractor's rora included, per Term ~ud Coudition I-IL-? (Hot Deeded it DO ,u~contractorB are used) YI;S _ KO .....!.- N/A ----A- tDDOR UPRUOTS TBAT P/SII II A: Bl~ck KiDority Business Enterprise ( ) Hispanic KiDority Susiness Enterprise ( ) other KiDority ausi~e.. Enterpri.e ( I speCify wo..n BusiAes. Enterprise ( I "on-Kinoritr Vendor ( ~ I HUE OJ' lUX: ~~ook. Produet.. Inc. AY~ Hana er - Htaml Divl.ton , (Ti tIe) ADDlESS: 7311 Ii'" 17th St. Hedley. F~ 33166 TELEPHONE: ( 305 857-3527 STATE LICENSE . COUNTY LICENSE , 00189-1 (if applicable) (it aSllll1cable) crn LICENSE , C89.171 LICENSE T\1>S: OecupaUona1 (it applicable) 16 .. ., . . Agenda I tern No. : AGENDA REQUEST Date: Januarv 16, 1992 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: January 21, 1992 Description of agenda item (who, what, where, how much): Purchase Award - Ten (10) Police Pursuit Vehicles ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Duval Ford, at a total cost of $124,590., via Florida State Contract (,/ i# Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives: ~A (if applicable) Account No. & Description: ~ol 331L... S9J 6 0 ~ ~ A-...rn,."o 71 \J ~ Account Balance: !5t, 7, 2-71- ~ City Manager Review: ;1 <~ tr'/ Approved for agenda: iYEV NO Hold Until: L_. Agenda Coordinator Review: Received: Action: Approved/Disapproved ., '. . MEMORANDUM TO: David T. Harden, City Manager THROUG~Robert A. Barcinski, Assistant City Manager/ Administrative Services FROM: Ted Glas, Purchasing Officer ff DATE: January 16, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 21, 1992 - PURCHASE AWARD POLICE PURSUIT VEHICLES Item Before City Commission: The City Commission is requested to award a contract to Duval Ford for ten (10) police pursuit vehicles, at a total cost of $124,590. Per the Finance Department, funding is from: ( ) . Background: Funds were placed in the FY 91-92 budget for police pursuit vehicles under the direction of the Vehicle Maintenance Division of the Environmental Services Department. Pursuit vehicles are available via Florida State Contract as listed on attached work sheet. The Fleet Maintenance Superintendent has reviewed the contract and recommends award. Recommendation: Staff recommends award for ten (10) pursuit vehicles to Duval Ford, at a total cost of $124,590. Funding as outlined above. Attachments: Fleet Listing/Replacement Schedule Contract Work Sheets pc William Greenwood Richard Corwin Jerry Rude 8.\,3. 0' ",'I- ., . STATE OF FLORIDA CONTRACT # 070-100-400 (2A) 1992 Ford Crown Victoria Police Pursuit Package Dealer: Duval Ford - Jacksonville Base Price $ 12,223.00 Extended Warranty Included Rain Shields (5012) 46.00 Spotlight (9901) 190.00 Total Unit Price $ 12,459.00 Total Cost - 10 Vehicles = $124,590.00 (Total - POLICE DEPARTMENT) ~ lon' '0 . --- CITY OF DELRAY BEACH FLEET LISTING/REPLACEMENT VEHICLE POLICE DEPT. FUNDING AVAILABLE $567,274.00 VEHICLE OLD NEW EST. REPL # VEHICLE REPLACEMENT LIFE YEAR ---------------------------------------------------------------- ---------------------------------------------------------------- 1818 84 MERCURY/MARQUIS 92 FORD/CROWN/VIC 3 1995 1706 87 FORD/L.T.D. 92 FORD/CROWN/VIC 3 1995 .1703 87 FORD/L.T.D.- 92 FORD/CROWN/VIC 3 1995 1904 89 FORD/CROWN/VIC 92 FORD/CROWN/VIC 3 1995 1906 89 FORD/CROWN/VIC 92 FORD/CROWN/VIC 3 1995 1908 89 FORD/CROWN/VIC 92 FORD/CROWN/VIC 3 1995 1909 89 FORD/CROWN/VIC 92 FORD/CROWN/VIC 3 1995 1910 89 FORD/CROWN/VIC 92 FORD/CROWN/VIC 3 1995 1911 89 FORD/CROWN/VIC 92 FORD/CROWN/VIC 3 1995 1912 89 FORD!CROWN/LTD 92 FORD/CROWN/VIC 3 1995 " ,." " _,. ,_, n'o.._ ,~~," c-l_ L-"_'-H'r-,~_ J ';_'i"IL iLL- I ~l.. :::iU...,. ...::,c..i D:J::1tJ ~11t:l r'Uc' 070-100-400 (2~) PaalUIT VEBIcLE, LARGE SIIB, 4-Dk SBDAN (RWD) CIQ:VROLET CAPRIC!:, FORD CI\OWN VIC'1'Oaa 01\ APl'aOVZD ZQllIVALENf%' ./ 1I0'l"Bt Tbi. detail.d .pecifica~1on i. not complete unl... it i. u.ed in co~junetion with 8pecif1cat1on .umber GRLV-l, o.neral ~quir.ment. All Light Vehicle., dat.4 8/30/91. 10. ".1:... A. ....11.. eD.i~, vi, a1Dt.ua 4.lt (211 C:D) and 20! .et &P. '1'he followin9 ..,1..., o. .pp~ e~iv.lent, are aooeptable. FOZ:Oc!' 4.~L (211 CID), 210 .et BP (.Ft) 8. 5.7L (350 CID), 205 wet RP (ZrI) a. EDf1De oil cooler, factory i~.t.lled, if available frQa the ..nufacturer. C. M1D~ 120 aap alternator. p. lit n f -DI 730. CCA . 0 deFee. ,. heavy-cSuty battez:oy. .. ...xJ~ capacity coolift' .Y.~.. ('EI .orB 1), factory in.talled. 20. 'l'IWfuaIIIOR . Mto.atic overdr1w tran.ait.lon v1th low V-ar blooko~~ and WaAaa1,.a!oD ail cool_r. coal_I:' .u.~ be factory 1n.talled. oil-air coole~ de.ired, lf oil-air cooler aY.11&ble fro. factory. 30. AJOLI.. ..ayY-duty z:oear axle, .-nutac~ur.r" .tandard pur.uit rat!o. 40. ~0MUCa Il!mC8& A. Volt.et.r, oil pre..ure and coolant temperature ,auge.. Gauge. to b. factory iutalled. .. rov.r .teeric, d..igned tor pur'ult work, power .t..ring fluid cooler. e:. .arkin; brake varnin9 light, aQd/or auto..tic r.l..... D. ~ lightJ lnt.r1or d~ li9bt(.), that operate troa pu.h-button door avi. tah.. . /'" .. PUr.uit .u.pen.lon .y.t.., .pring., .bock., .tablllaer bar. and all other ~utaGturer" .~ard police pack.g. .qui~nt that ..y DOt be .0 .pec1f1ed beniD. F. c.rtifi.d .pee~t.r (..e .pecification PV-l). o. .ilioone radlatGr ~ b..ter ho..., including vater ~ by-pa.. ho... 50. c:oNFOItf rnM. A. AU ooucU.t1cm1cV, factory irl.tal1ec1. .. 'l'inted 91... all UOUACl. Factory tinted. C. "ayy~duty, fo.. padded front ..at (cuabioD and baok z:o..t). cloth .04 vinyl upbol.te~ on ..at.. .0 dark int.rior.. I). Factory ANlPK r.dio with pu.hbuttOD or el.ctronic tunlng, in.eall.d. .. Kap U.9ht., he._r _untecl. r. Add!tlonal doaa light, he.der .ount.d be~w.en .un vi.or., p.te~.on Model PH 3'0 or approv.d equivalent. MU.t Inclu4e an in-line fu.. or cirQuit breaker. o. Dl.co~t ~ ligbt .witch on drIver. door. llay be perforMd by cS..l.r or unufactveZ'. . a. ae.ote deck11d r.l..... oaab .ounted .witch. . ., . u.... ...._ -i _ ,__ __ _~,,; ''::':''L:: \....:,_y'hl.-- IU~;LI r,L~__ t--LL ~Li-t _::k:i 1 bS':::'lci ~~c\J 1~\J 1 010-100-400 (2A) ~ ,~ '0. IA1'Tn' I'1'EIIlIl A. tne.raittent electric wind.hi.l~ w1~er', v1ndahield w..her(.). .. OUt.ide airror.. LB and RB, r~t. ~ontrol, in.ide re.rview mirror. C. Dual .yet.. power brake., he.:r-duty front diac brak.., and heavy-duty ~..r ~ O~ d!a. b~.ke.. 'ade ~.a .tant lin1ftv. d.aign.d tor pur.uit work. (s.. apeo1f1oatLoft PV-1 fo~ brake teat). 70. TI~S . WBZELSl rive CS) P225/70BR15 or 1.rge~ radial BS. tire., heaVY-duty minimum '.5- rtae. ~ir.. to be police .pec1al, hi9h performAnce type. OOodyear Zai1. GT IP4lecl 8)'Mol B or approve(! equival.nt. FUll .1.. 'p~. r.qub'.d. Stat. tir.. and vbeell bid. 1WWI'ACf't1a.D.1 GOOOYZAll. r'IRl:S'l'OWII: t <mR!:U1. SUEI P22!170RRl !i 10. caul:tl, PItAIII, cu. A. ~ 114.0- ~lb"e. B. ....,.-du~y ~ber floor ..t., troDt and rear. c. Pront lie.n.. plate bracket. to. COIIPI'1'Iowa. lee Gener.l Aequir...nt. All Liiht Vehicle. A. Xl ~.rtiti.d .pe.a~t.r i. not correct, ahy expen.. inourred to corre~t, ahall be born by the .ucc...tul bidder or the ..Dufaotur.r. .. r.otory authori..d ..rvic. and pa~e. mu.t be avallable '~ate-wid., inolu41nq ~t ...11 .ubicipaliti... c. Manufao~urer'. Ext.nded Vehicle Warranty (Deyond KaDuf.c~ur.r'. stattd.rd V.bicle Warranty). Warranty .hall be for a ~rlod of 5 year. or 70,000 .Ue. ( whichevr. occur. firat C... Specific.tion ZVM S/70). , , 070- .~ ., . . ~ U..i.--- 1~-1 ~11.":" ...."':"1: ~C L"_;',,"liL t-Ur-ILJ M. , i-i......c ~U'-t ...::;b 1 b::':JC1 ~-,c'-t 't:J.l ~~ 070-100-400 (~A) an ellOWH VIC'l'QUl --.. u.- U)ttT ONLY IftH CON'!'RAC'fO!t DI'COUWT* MODEL' .JUCI: w..e.rn Di.trict DUVAL :PORD ~ll,pg eJ'.QJfH VIe ,A.~..;U. 0.2 (Al Worthern Dl.trict DUVAL FORD -0- . CBOWH VIe 12.0'2.00 (8) ceDtral Dl.trict R~AL "O~ 50.00 CllOWN v:rc 12,193.00 (C) aoutbern Di.~1c~ QUVAL po~ 90.00 o.Ot4R V1:c 12.223.00 (D) . MAJK ~,~ iIC~Ok~ .A.a. mr~fl'I ~fl'IlI OHtOMa %ftI( Con'JW:'l'<)a D2:.COUft* MoDaL' .-.zca We.tern Di.trict ....z, ",:cU'~RQ IS0.00 CllOlflf Vl:C 12.450.00 (A) . ~.rD Dl.trict DUVAL PORD -0-. ...-CROVN VIC P".Ql.2..00 (8) C4iAUal Di.uic:t no. urn ..Olp CROWH ",:Ie 12.198.00 (e) 8OQth.rn Di.trict DOYn PORJ) to . DO eRCIWI!I ~ 12.223.00 (D) -. *o1.oount per unit for ..hiel. plc:~d up by orderin9 avenct at con~.otor'. place of bu.iD.... 81 0' .. Agenda Item No. : AGENDA REQUEST Date: Jannary 14. 1992 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: .T;mm~ry 21. 1 'l'l2 Description of agenda item (who, what, wherel how much): Bid Award - Rechargeable Flashlight Systems for the Police Department Bid #92-11 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low bidder, Lawmen's and Shooters' Supply, Inc. at a total cost of $15,621.80. ~f)Jt~. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO (if afiPli~ Funding alternatives: ~~ Account No. & Description: II~ 2..1/2,. S2f 6-c--R-t--'-"-SP~IA;L. c:oJa Account Balance: h.JI'olO a.1: ~2~f3'f-7 ~l,,\P ~r _ City Manager Review: ./'=~' . ~ U2 - ;//f;2 - 5aJ - 3.6./5 Approved for agenda: YES.y NO tic^- i ,LlluJ En! /ius"- Ff,LI?O- Hold Until: \.. '- . . Agenda Coordinator Review: oPE.em7n7 flu-- 'R. 01 Connoe Received: 1100~J'1&-- Action: Approved/Disapproved ., .. MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~Administrative Services FROM: Ted Glas, Purchasing Officer ~ DATE: January 14, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 21, 1992 - BID AWARD - BID #92-11 RECHARGEABLE FLASHLIGHT SYSTEMS FOR POLICE DEPT. Item Before City Commission: The City Commission is requested to award a contract to low bidder, Lawmen's and Shooters' Supply, Inc., at a total cost of $15,621. 80. Per the Finance Department, funding is from: ( ) . Background: Funds were allocated by City Commission for flashlight systems for the Police Department. A total of $ was allocated for this purchase. Bids for 150 flashlight systems which includes the flashlight, battery charger, holster and battery were received on January 14, 1992 from five (5) vendors, all in accordance with City purchasing procedures. (Bid 1192-11. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Police Department has reviewed the bids, and recommends award to the low bidder, per attached memo. Recommendation: Staff recommends award to the low bidder, Lawmen's and Shooters' Supply, Inc. at a total cost of $15,621.80. Funding as outlined above. Attachments: Tabulation of Bids Recommendation from Police Dept. pc Chief Overman Major Cochrane 8-"4- o. ,.;, .. ~~ ~:.!~ ~~~ ,lft}lit'l Delray B~ach Police De~artment .~ 300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 RICHARD G. OVERMAN (407) 243-7888 Fax (407) 243-7816 Chief of Police MEMORANDUM TO: Ted Glas, Purchasing Officer / FROM: William H. Cochrane, Major ~ Support Bureau ,~ THRU: Richard G. Overman, Chief of pOlice\~j DATE: January 14, 1992 SUBJECT: BID NO. 92-11 PROFESSIONAL RECHARGEABLE FLASHLIGHT SYSTEM Pursuant to Bid No. 92-11 for Professional Rechargeable Flashlight Systems, I have reviewed the tabulation of bids along with each individual bid and recommend that the bid be awarded to Lawmen's and Shooters' Supply, Inc. in the amount $15,621.80. The City Commission had previously appropriated $18,037.50 on November 19, 1991, for this purchase from the Law Enforcement Trust Fund. Your understanding and cooperation is appreciated in attempting to get this on the City Commission Agenda for January 21st for their approval. Special thanks to you and your staff for their assistance in this matter. WHC/gb COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE ,,~'" I I. ,. ., (I) 0 00 I >> ... s::.c .... <II '" ..... lJ S::,..... .... '" ~ lJ IU 00 t.O ., IU >> IU (I) IU o '" s:: III IU ......... lJ IU '" '" 00.... 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WW z: et....J ....J et f/l 0 HCOf- U >-et ....Ja: I >- f-H <IW ~ N H etet....JL NetW WW Het et ....J 0 a. 0' a: ::><!IW .....w~ COf- ZW 00. Wf- wet W 0' U (f) J: v) f- f-et f/l f- Z OJ: LO U ..... (f) U<!(f) Nf-<I: /I)....J I/)f- <to O~ H X W a:w....J>- Xl<I:J: .....0 Xl<t etH LH f-u. W . 0 Xla:u..f/l ucou >::t: coco (jCO ....J 0 "- '<t OJ: >- >- f/l ..... Zf/l ~ et~ f- >- <I<tL Z wo. Z ....JW <t >H W et wu.~ et HW L c: (f) et ....JU L ::> >- 0 I/) 0 0 <I:u.>- <I: WlU 0 :z: f- I/) V I/) I/) LOf/l ::t Oet U <I 0 ..... ..... ,.., O. I'.' ., . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [-,7~ SUBJECT: AGENDA ITEM #: 9/t - MEETING OF JANUARY 21, 1992 REPORT OF APPEALABLE LAND USE ITEMS DATE: January 17, 1992 This item is before you for acceptance of the report of decisions made by the various development related boards during the period January 14, 1992 through January 17, 1992. The following actions were considered during this reporting period: Historic Preservation Board: -Granted a variance, with conditions, to allow the construction of parking lots with a mulch surface for the Sundy House and Sundy Apartments Development. -Granted a Certificate of Appropriateness for an architectural elevation change (enclose entrance of breezeway on west facade) for Renaissance Dental Studio. No other meetings were held during this reporting period. A detailed staff report is attached as backup material for this item. ~ 6--0 wi JJ/J. ~',a; e~ Or) rrrudd-J ,. 10." ., . . C I T Y COM MIS S ION DOC U MEN TAT ION TO: QD T~ HARDEN, CITY MANAGER THRU: 'D ~V~~OR DEPARTMENT OF PLANNING AND ZONING FROM: /,ao/>'<r-. ~ JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF JANUARY 21, 1992 REPORT OF APPEALABLE LAND USE ITEMS JANUARY 14, 1992 THRU JANUARY 17, 1992 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of January 14, 1992, through January l7, 1992. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. .. 1.'" " . . -- City Commission Documentation Report of Appealable Land Use Items January 14, 1992 thru January 17, 1992 Page 2 HISTORIC PRESERVATION BOARD (HPB) MEETING OF JANUARY IS, 1992 l. Granted a Variance (with conditions) from LDR Section 4.6.9(D) (8) (a) "Parking Surface and Drainage" to allow the construction of parking lots with a mulch surface for the Sundy House and Sundy Apartments development, located on the south side of SW 1st Street, between SW 1st Avenue and Swinton. (Vote Sto 0). 2. Granted a Certificate of Appropriateness for a architectural elevation change (enclose entrance of breezeway on west facade) for Renaissance Dental Studio, located at the northeast corner of NE 2nd Avenue and NE Sth Street (Vote S to 0). No other appealable items were considered by the Board. However, the following agenda item required Board action: * Certificate of Appropriateness request for exterior architectural changes (re-roof) for a duplex structure at 318/320 NE 1st Avenue. RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Map JA/#63/CCDOCJ2.TXT ., 1<.'1 . ' . '".... .,~ \. ,y ;( '- )"1--' L..JL y~ -~j ~~~ (^) ',1 r..,=- z ~ /l I-----l Z ~ U I J '--- ~ 0 EIftrrrrR' n H ~ I 5T ~ ,~ I 4Tlf. ~ RENAISSANCE:t d I-- I- -DENTAL STUDIO Z - 1-- ~ :t ~ - ~ ~ c t--~ t-- ~ .- r-- I ~~ N.E. 311, ~ rr Cl - ~I~ ~ g U - f-- ~ :::=: ~ i-- ~ f-- c ::::::::: _I- - l- e f-- = _I- - f-- ,..-- _ - I-- ::::: I- ~ - I-- ~ '-- l- n- IT ffEJ~ ~ ~= n N. """ ST. NoE. _ rt. - N~ I I Iri ~~t-- ~I I J=:,c..... II .- f-- - i -....,;.. . '-- ~ .. - :J: .==- ~ 5 ~ g o! I ~H+" ~ N~~ IS iJ..WJi~ ~ i r-- I )l Ji ~ 8 ~ '" z.J. ~ is z I ::I Ul IIIIIII DJI] []]]JJ]!lli] ~ a ~lU U 11IlIJllJ ITlIIIJ !lIfi1: L 11111 ~ WIJ] [[ill [1IJ 10J] 0IIill [[]I ~ l;! -~ t==:- t--_ ___ ~::l _ ~ '--::: r-- C:i ~ - = '- 0.... _ = ~ B - ~ 6 u 11. ~ Z ,~ ~ [[[l] ~ . ~~-~ I , i =gg j. ~ ~ ~ -r- :llm;!tm~~mi~ll/lm.~~i ., .". ., , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER F7,A SUBJECT: AGENDA ITEM #: '7~ - MEETING OF JANUARY 21, 1992 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION DATE: January 17, 1992 This item was discussed at the January 10, 1992 regular meeting at which time the Commission, by consensus, agreed to postpone a decision pending the notification of the owner of record. This appeal involves a decision made at the December 4, 1991 meeting of the Site Plan Review and Appearance Board with regard to approving building elevations for a freezer addition and landscape plan modifications for Dunkin Donuts located on Federal Highway and Tropic Boulevard. The appeal was raised by Dr. Alperin at the December 10, 1991 regular meeting. He cited the situation wherein the subject property had several code violations which were not resolved. Those violations have nearly all been accommodated. A January 28, 1992 appearance before the Code Enforcement Board is scheduled. Upon further review, it appears that there are additional circumstances which prompted the appeal. Some time ago the owner of the shopping center had presented a landscape (up-grade) plan for the entire center. This included the hedge treatment along the alleway on the west side of the building. During Site Plan Review and Appearance Board consideration, problems with the alleyway area and landscaping were identified. The owner stated an intent to work the problems out and return to SPRAB; however, he has never returned before the Board. This area remains an eye-sore. Although a formal Code Violation Citation has not been issued, staff believes that one is justified. Therefore, staff recommends that the Commission: 1. Discuss the situation with the property owner. 2. Either reach an agreement as to the owner reviving his up-grade plan with a commitment to appear at the next available Site Plan Review and Appearance Board; or, direct the Administration to issue appropriate citations for the condition of the boundary. 3 . Not take any action on the appeal and allow installation of the freezer and the modifications to the landscaping. A detailed staff report is attached as backup material for this item. i~ ~ -& f)u~ /)~ CWXooed 071 rmo/Um b; iJUJ. i!l6ULif /~ 4 ~ ?~ 5-0 .. . . ('{JI, t.-. . , C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER D~~ \ ~M&Ag ~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 21, 1992 APPEAL OF SPRAB ACTION RE DUNKIN DONUTS FREEZER ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of consideration of an appeal of SPRAB's approval of a freezer addition to Dunkin Donuts on South Federal Highway. BACKGROUND: This item was continued from last week's meeting so that the property owner of the shopping center could be present. Please refer to the previous documentation for background. In addition to the previous material, the following is provided: * With regard to the specific Code Enforcement citations identified in last week's material, they have nearly all been accommodated. A January 28th appearance before the Code Enforcement Board is scheduled. * Upon further review of the situation, it appears that those Code citations do not represent the basis for the complaint which was received (and hence the appeal). The situation of concern appears to be as follows: 1. The owner of the shopping center presented a landscape (up-grade) plan for the entire center. This included hedge treatment along the alleyway on the west side of the buildings (adjacent to the alley). 2. During review by SPRAB, problems with the alleyway area landscaping were identified. The owner stated an intent to work the problems out and return to SPRAB. 3. After discussions with staff members, it appears that either because of assumed significant costs, or other reasons, the owner did not pursue work along the alleyway. ., ., City Commission Documentation Meeting of January 21, 1992 Appeal of SPRAB Action Re Dunkin Donuts Freezer Page 2 4. This area remains an eye-sore. Although a formal Code Violation Citation has not been issued, we believe that one is justified in there being a violation of standards for the treatment of boundary conditions between commercial and residential zone districts. RECOMMENDED ACTION: It is recommended that the Commission proceed in the following manner: A. Discuss the above situation with the property owner. B. Either reach an agreement as to the owner reviving his up-graded plan with a commitment to appear at the next available SPRAB meeting; or, direct the Administration to issue appropriate citations for the condition of the boundary. C. Take no action on the stated appeal; thus, allowing the SPRAB action on the Dunkin Donuts modification to stand approved. T:CCDUNK2.DOC ., ,.., ., , . . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER !lfV1 I SUBJECT: AGENDA ITEM #: cr6 - MEETING OF JANUARY 14, 1992 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION DATE: January 10, 1992 At their December 4, 1991 meeting the Site Plan Review and Appearance Board approved building elevations for a freezer addition and landscaping plan modifications for Dunkin Donuts located on Federal Highway and Tropic Boulevard. This appeal action resulted from the review of appealable land use items at the December 10, 1991 regular meeting. The appeal was raised by Dr. Alperin. He cited the situation wherein the subject property had several code violations which were not resolved. Those violations are: -Improper storage of outside refuse. -Handicapped parking spaces not properly striped. -Improper fill in public right-of-way. Currently, liens and accrued fines total $26,800. This appeal opens up another issue, whether or not compliance with code violations or citations should be resolved prior to, or as a part of, the granting of land use approvals. Currently, no policies exist which direct such actions. Therefore, staff recommends that the Commission not take any action on the appeal and allow installation of the freezer and the modifications to the landscaping. Further, direction is sought with regard to requiring code compliance as part of the land use review process. The City Attorney should also be consulted as to whether it is proper to link decisions on land use requests with resolution of code violations. A detailed staff report is attached as backup material for this item. foS1P6fJED So fhlrl- f/!a~ aWIJEe c.nn IJE (!o/717K!riiO leo8l1llJ.E- Ft:J~ 1/,;)/ /9 ;)- .. . "0 ;1 , . ['Ij C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER J~QDL- FROM: AVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 14, 1992 CONSIDERATION OF APPEAL OF SPRAB ACTION PERTAINING TO SITE PLAN MODIFICATIONS AT DUNKIN DONUTS ( S. FEDERAL HIGHWAY) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of considerinq an appeal of the SPRAB action which approved modifications at Dunkin Donuts on South Federal Highway. The action taken by SPRAB was approval of: * building elevations for a freezer addition; and, * landscaping plan modifications. However, a policy direction issue also surfaces in consideration of this item. BACKGROUND: This appeal has resulted from the review of appealable items at the City Commission meeting of December la, 1991. The appeal was raised by Commissioner Alprin. He cited the situation wherein the subject property had several code violations which were not resolved. The code citations which existed involved four cases; the subjects of which includes: * improper storage of outside refuse; * handicapped parking spaces not properly striped; * improper fill in public right-of-way. This property is scheduled for a January 28, 1992 hearing before the Code Enforcement Board. Since the December action, the City has undertaken some regrading of the alleyway. Please refer to the memorandum from Jeff Costello, dated December 17th, for a more detailed accounting of the citations. Defininq the Issue: It appears that this appeal is not of what was approved, but of whether or not compliance with code violations or citations should be resolved prior to, or as a part of, the granting of land use approvals. .. . . City Commission Documentation Consideration of Appeal of SPRAB Action Pertaining to Site Plan Modifications at Dunkin Donuts (S. Federal Highway) Page 2 Attached is a narrative from the Director of Community Improvement and the Director of Planning regarding this broader issue. Assessment: It is thought that the Dunkin Donuts situation is a rather isolated instance (with respect to code compliance matters) and does not represent the norm; thus, looking at code enforcement matters may not create excessive bureaucracy. In order to get a better understanding of the situation, it may be appropriate to operate for three months worth of projec"U where we do determine if there are outstanding citations and include them as a part of the project review. ALTERNATIVE ACTIONS: With respect to the site plan modification action of SPRAB it seems most appropriate to not take any action) and allow installation of the freezer and the modifications to the landscaping. With respect to the issue of seeking code compliance as a part of the land use review process, it is necessary that the City Commission provide direction. Choices which are available include: 1. Direct that we continue as we have in the past and make no changes. 2. Direct that a three month trial period be used during which the state of Code Enforcement citations are considered in the review process. 3. Direct that a more aggressive program be pursued. RECOMMENDED ACTION: 1. Take no action on the appeal, thus allowing the freezer addition to go forward. 2. Regarding the broader issue, Commission discretion. Attachment: * Narrative re Staff Assessment of consideration of Code Enforcement matters in land use processing * Costello memo re Code Enforcement actions on the subject property. * SPRAB Staff Report and Minutes re Dunkin Donuts freezer addition and landscaping changes '. <. . NARRATIVE RE STAFF ASSESSMENT OF CONSIDERATION OF CODE ENFORCEMENT MATTERS IN LAND USE PROCESSING: DJK/LB 1/8/92 Staff Perspective: The Director of Community Improvement and Director of Planning offer the following perspective. Code Violations: Most code violations noted during land use review reflect non-conforming situations. Little effort is made to determine if the situation is, indeed, non-conforming or may be illegal. There is an assessment made of the current condition and often conditions are imposed for some upgrading. These assessment may be very casual with "non-impacting" type of requests. Code Citations: There is not a practice to review Code Enforcement records as a part of project review. This step could be instituted and the status of any such violations noted in the staff report. Resolution Prior to Acceptance of an Application: This requirement may be quite onerous. In some instances, the application may have been generated in response to a Code citation. A similar type of submission prerequisite which dealt with a clean tax payment record was considered when the LORs were prepared. However, such a concept was re j ected due to the various situations which may occur such as property being in out of control of the property owner, etc. Resolution as a Part of the Land Use Review Process: As stated above, current citations could be a part of the staff report. However, it would require a specific policy (ordinance?) if compliance were to be required as a condition of approval, especially if the citation did not relate directly to the development order. " .. . . ( , "" MEMORANDUM TO: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING ~~ FROM: JEFF COSTELLO, PLANNING TECHNICIAN I~ . RE: GATEWAY SHOPPING CENTER DATE: DECEMBER 17, 1991 As you are aware, the Planning Department has processed a request for a non-impacting site plan modification to install a freezer in the rear of the existing Dunkin' Donuts at the Shopping Center. The elevations and landscape plan were approved by S.P.R.A.B. subject to conditions and was appealed by at the City Commission meeting by Commissioner Alperin. The basis for the appeal was that the shopping center has been cited for a number of code violations that have not been corrected. The following is a list of Code Violations associated with the Gateway Shopping Center that are pending: A. Code Enforcement Board Case No. 91-6624: 1. LDR Section 4.6.6(B) (2), refuse areas and outside storage to be screened from public right-of-way. Gates must remain closed. 2. LDR Section 4.6.9(C), requires handicapped spaces shall be provided (designed, signed & striped) per Florida Statutes. STATUS: Since 1l/22/91 being fined $200 per day, thus accruing $5,000 in fines. B. Code Enforcement Board Case No. 91-6350: 1. Code of Ordinances Section 102.01(B), Permit to perform work in public right-of-way. Fill was placed in the alley east of the subject property causing drainage problems. STATUS: $3,600 LIEN ASSESSED. Since 7/24/91 accrued $4,025 in fines. Scheduled for hearing at the January 28, 1992 Code Enforcement Board meeting. C. Code Enforcement Board Case No. 91-6303: 1. Code of Ordinances Section 51. 35, requires adequate trash containers on-site for holding waste materials. ., '. . . 2. Code of Ordinances 51.41(B) , requires trash to be properly placed in containers so as not to become wind blown. 3 . Code of Ordinances Section 51.42, requires trash containers to have lids. 4. Code of Ordinances Section 98.04, requires premises to be free of litter. STATUS: $1,400 LIEN ASSESSED. Since 6/16/91, accrued $4,725 in fines. Scheduled for hearing at the January 28, 1992 Code Enforcement Board meeting. D. Code Enforcement Board Case No. 90-6163: 1. Code of Ordinances 159.27(A,B,D) . STATUS: $2,875 LIEN ASSESSED. Since 5/29/91 accrued $5,175 in fines. LIENS + ACCRUED FINES = $26,800 If you would like to discuss the above with me or need additional information, let me know. ,. "0" . . MINUTES: S~te Plan Review and Appearance Board Heeting December 4, 1991 ~ Page 3 , IV. PROJECT PLANS A. Scarlett O'Hara 335 East Linton Boulevard . James Sharon Elevations & Landscaping Represented by James Sharon, one of the owners of the restaurant and of the center. Mr. Taylor review the staff report. Mr. Sharon stated the deck will be in a "cranberry bog" with the awnings in a pink-peach color. Some of the parking spaces will be removed to accommodate the deck and Mr. Taylor stated there was sufficient parking area. Some of members were concerned about safety with cars travelling close to the seating area. It was noted there was a railing. Four (4) parking spaces will be eliminated. One member expressed some concern regarding noise and setting precedent. Hr. Sharon assured the board there would be no bands playing music. A recommendation was made to reduce the railing height. After discussion, Mr. LaSalle moved to accept the plans as submitted with the reduction in the height of the railing to 36" and with the width of the deck reduced to 16' make the landscaping island 4' wide instead of 3'. Seconded by Mr. Fisher. Mr. Marsh noted that in, effect, people have been placed in a parking - lot and recommended that the issue of safety be reviewed by staff. - ..' Mr. DeOto noted the lack of car stops by the railing. Also, the applicant was informed he needed to provide a sample of the awnings. The vote was as follows: Tom LaSalle Yes Gene Fisher Yes Sam DeOto Yes Jess Sowards Yes Debora Oster Yes Rett Talbot Yes Mark Marsh Yes B. Dunkin Donuts 1911 South Federal Highway Bill Salera Non-impacting Site Plan Modification Represented by Bill Salera. Some of the members expressed concern with the compressors located atop the freezers. Also, Mrs. Oster questioned the Ligustrum and suggested a shadow-box type fencing with a vine. Mr. Marsh felt the freezer should be treated as would a dumpster and questioned if the hedge screening would be sufficient. After discussion, Mrs. Oster moved to approve the Dunkin Donuts plans as submitted with the condition that an 8' wooden fence be added ~ - behind the hedge and be painted to match the Dunkin Donuts walls. Seconded by Mr. Sowards with the vote as follows: $Pl~a " .,...' .. t1l'Itdt!n ~J .~ l!:" . " . \( ,. MINUTES: S~te Plan Review and Appearance Board Meeting \ December 4, 1991 \ Page 4 0 Gene Fisher Yes Sam DeOto Yes Torn LaSalle Yes Jess Sowards Yes Rett Talbot Yes Debora Oster Yes Mark Marsh Yes Discussion Mrs. Meeks briefly informed the members that Sherwood Pontiac, Pompey Park Press Box and the Barwick Middle School would be before the Board for review. Also, The Groves was scheduled for January 8, 1992. Ad;ournment There being no further business to come before the Board, the meeting was adjourned at 8:45 p.m. Note To Reader -- If the Minutes you have received are not completed as indicated above, () these are not the official Minutes of the Site Plan Review and Appearance Board. They will become official Minutes only after they have been reviewed and approved which may involve some amendments or additions or deletions of the Minutes as set forth above. The undersigned is the secretary of the Site Plan Review and Appearance Board of Delray Beach and the information is the Minutes of the meeting of said Site Plan Review and Appearance Board of December 4, 1991, which Minutes were formally approved and adopted by the Site Plan Review and Appearance Board on , 1991. (ur~eL 13dJ1~ Anita Barba Recording Secretary spI2-491.txt r) '. . . . ------------------------------------------------------------------- PLANNING AND ZONING DEPARTMENT MEMORANDUM ------------------------------------------------------------------- . AGENT: Bill Salera PROJECT NAME: Dunkin' Donuts - Non-Impacting Site Plan Modification PROJECT LOCATION: Northeast corner of Federal Highway and Tropic Boulevard, within the Tropic Square Shopping Center. ITEM BEFORE THE BOARD: The item before the Board is that of approval of the building elevations and landscape plan associated with a non-impacting site plan modification for Dunkin' Donuts. The site plan will be approved administratively. PROJECT DESCRIPTION: The development proposal is to construct a 36 sq. ft. walk-in freezer underneath the building overhang in the rear of the Dunkin' Donut building. In addition, a ligustrum hedge with a height of 3 ft. at the time of planting is proposed on the east and north sides of the freezer. The proposal indicates that the hedge will be maintained at 6 ft. The height of the freezer will be 7.5 ft. high with an air compressor unit on top of the freezer. Thus, the overall building height will be 8.5 ft. PROJECT ANALYSIS: The proposed freezer will be a prefabricated aluminum structure with a silver color. As the prefabricated freezer will be inconsistent with the Dunkin' Donut building with respect to building material and texture, Staff recommends that the height of the hedge be 4.5 ft. at the time of planting. RECOMMENDATION: By separate motions: A. Approve the building elevations for Dunkin' Donuts based upon positive findings with respect to Section 4.6.18. B. Approve the landscape plan based upon positive findings pursuant to Section 4.6.16 subject to the condition that the proposed Ligustrum hedge be 4.5 ft. at the time of planting. AGENDA ITEM: IV. B DATE: DECEMBER 4, 1991 S~Me, St,,-* ...': j ~"'. ~,. ., . I ---- --- ~ ~ W '4 J I I z <: ...J a.. w a.. <: () - CI) '0 z <: ...J ...... Z - 0 - .-- - <: - - () - . - 0 - - - ...J -- - - - - - - - , B "I' .... " . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS , 1\ FROM: CITY MANAGER,"~' , SUBJECT: AGENDA ITEM #: ,.. - MEETING OF DECEMBER 10 1991 REPORT OF APPEALABLE LAND USE ITEMS DATE: December 6, 1991 This item is before you for acceptance of the report of decisions made by the various development related boards during the period November 26, 1991 through December 9, 1991. The following actions were considered during this reporting period: Site Plan Review and Appearance Board: -Approved the landscape plan and architectural elevations to allow a covered deck addition at Scarlett O'Hara's. -Approved the landscape plan and architectural elevations associated with the addition of a 36 square foot walk-in freezer at the Dunkin Donut. Planning and Zoning Board: No appealable items were considered during this reporting period. Historic Preservation Board: No regular business meetings were held during this reporting period. ~~~J2/1.~ fiL )9~ ~ -7 1//'-1/9 ;;L ~~ I.:z/IO /9/ . . . ~ . C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~j~"OCL- THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING l~~ ~ FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF DECEMBER 10, 1991 REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 26, 1991 THRU DECEMBER 9, 1991 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of November 26, 1991, through December 9, 1991- BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1- The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. " . ~ . City Commission Documentation . Report of Appealable Land Use Items November 26, 1991 thru December 9, 1991 Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF DECEMBER 4, 1991: 1. Approved the landscape plan and architectural elevations to allow a covered deck addition at Scarlett O'Haras, located within the Old Harbor Plaza at the northeast corner of U. S. Highway No. 1 arid Linton Boulevard. The site plan will be approved administratively as a non-impacting modification (Vote 7-0). 2. Approved the landscape plan and architectural elevations associated with the addition of a 36 sq. ft. walk-in freezer at Dunkins Donut located within Tropic Square Shopping Center at the northeast corner of U.S. Highway No. 1 and Tropic Boulevard. The site plan will be approved administratively as a non-impacting modification (Vote 7-0). No other appealable items. PLANNING AND ZONING BOARD SPECIAL MEETING OF DECEMBER 9, 1991 The only action item on the December 5th agenda deals with the conditional use request to allow the establishment of a recreational facility "Whirly Ball" at Congress Square Shopping Center. As the Board provides a recommendation to the City Commission this is not an appealable item. The Board's recommendation will be provided as a part of a separate agenda item. HISTORIC PRESERVATION BOARD MEETING: No Regular Business meeting was held during this period. RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Map JA/#62/CCDOC.TXT . , . , . ,.1 COLLIlI A~ ~ cJ .. ..: SCARLETT O'HARA UNTOH BOULEVARD DUNKINS DONUT ~ TROPIC BLVD. i(2] I I :1: AWIII.C A ..J < a: ~ w 0 W IL. N UIlYOll _ m.~ - , s " . , , A , , " I ,y/ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Lrt1 SUBJECT: AGENDA ITEM # q ~ - MEETING OF JANUARY 21, 1992 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/ HISTORIC EXECUTIVE SUITES DATE: January 17, 1992 This appeal involves a decision made at the December 18, 1991 meeting of the Site Plan Review and Appearance Board with regard to approving an as-built modification to the carport awning at the Historic Executive Suites located on the west side of S.E. 6th Avenue between Atlantic Avenue and S.E. 1st Street. The appeal was raised by Commissioner Andrews at the January 14, 1992 regular meeting. At the Site Plan Review and Appearance Board's meeting of June 19, 1991, the Board approved a basic site plan for the Historic Executive Sui tes. During that review, the Board felt that a trelli s type structure should be provided with an architectural feature around the perimeter of the carport to screen the awning. The applicant redesigned the carport to be consistent with the Board's recommendation and on July 17, 1991 the final site plan and carport elevations were approved. During the final inspection of the project, it was noted that the trellis had not been constructed in accordance with approved plans and would require SPRAB approval for an as-built condition. The carport contains a PVC lattice feature. At the December 18, 1991 SPRAB meeting, the applicant presented the as-buil t drawings for the trellis with the argument that the detail on the approved trellis was being repeated too many times elsewhere on the site. After a lengthy di scussion with regard to how the lattice could be modified to become conforming to the original approval, the Board approved the exi sting condition with no modification by a 4-2 vote (one abstaining). A detailed staff report is attached as backup material for this item. ~ W1-~ fOLuu-d- 5' - 0 " ,", , . r"'j (\ ;15- V)UILI L~P()rc.-\ tL b(/ /4-77 d IJ:( . ,- 2xG ROUGII. SAHli CEDAR ~ - ~ ~ 1/4" xli!.. HOOD" LA TTI CE '--- -~-7 ~ _. --- - ' 211x211 ROUGH SAVIN CEDAR @ 4'~O" O.c.. \ . I 4~ - a" MAX. " . 4',. oil M~'X.' . .. . . '12'- 0" MAX. . ... .... , . ~;'sL6eE~. 311. (;')1 i( i~~ . . . . . ..' :..".... . . .. ' '. . ) ..... . . , . I . ..... . /..:~ -. .. .. . ' , . . .... . . . .. ~ " , r , L. ., ' . I , I , . I : . ~ " : - - . I - I Z , , - .' ". ::E . ... . , . . . :2 .. , 0 "1-. - , .. ..... - - ... ~ ..... - . . .' '~ r~6p'\;~.~~~i~c~i:T-~' ol~~, ' '. " . ":" t . <.. :. ,..... ... . . .. '. .:ASPHAL r PAVH\ENT ,'-; :~' " . . .. . . , . ' .::'._.;._.~ :....:4......:.:,...._.......__"::...H.::.:..~ ~ . . '. :.. "0.:,._ O. '.. . '. '. . ' . ," . . . . .. . ~ .. . ' . . , ' ' . "... ... .. .. . , . . .' . .' f... .. ," . .... ,. \ ..., . . , ~ \.: ./ . .., .' . .. .;.. '.. .'. .. .. . .. .. . . . .' . . ," 'Qi)'TYP S JOE' ELEVATION,~'....'...'.,.,>...'..- " , , . o. I" ., . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS , FROM: CITY MANAGER (flV1 SUBJECT: AGENDA ITEM #: Cj.7J - MEETING OF JANUARY 21, 1992 APPEAL OF HISTORIC PRESERVATION BOARD DECISION DATE: January 17, 1992 This appeal involves a decision made at the December 18, 1991 meeting of the Historic Preservation Board with regard to granting a Certificate of Appropriateness to allow the elimination of landscaping adjacent to the dining deck at Brandy's Waterside Cafe. The appeal was raised by Dr. Alperin at the January 14, 1992 regular meeting. During construction of the dining deck at Brandy's, a designated landscape area was paved. Thereafter, a site plan modification was submitted which sought to delete the landscape area and accommodate the installed asphalt. Further, two planting pots containing a Mahogany tree each, were proposed to be placed on the paved surface to accommodate the tree aspect of the approved plan. The Historic Preservation Board at their December 18, 1991 meeting received a presentation from the applicant's agent. He stated that a basis for the elimination of the landscape area was to accommodate drainage. The Board by a 6-0 vote: 1. Required that the pavement be removed from the previously approved landscape area. 2. Accommodated an increase in pavement width of the loading area to 15 feet. 3. Required that the landscape area be protected with curbing. 4. Rejected the planting pots and required that the trees be planted within the landscape area. Subsequently, the owner objected to the Board's decision and after some discussion, the Board considered an amended motion, as follows: 1. Approved the elimination of the landscape island with the installation of pavement adjacent to the deck and ramp (i. e. the as-built condition). 2. That the two pots each containing a Mahogany tree not be required. 3. That the two existing flower pots remain. That motion was approved on a 4-2 vote. A detailed staff report is attached as backup material for this item. moTIon 10 {:.E<.JE.es6 11185 Rev/sw f/e:T10f} ~ t:.E(j)w ~ 7hE..- J RnOSCRpinc; pfJsseo 017 R 310d uoTE (/TJouw 0/- /-L; nci) d/SSC/J77 n9 ) '. '. '\ . ( Tv!) C I T Y COM MIS S ION DOC U MEN TAT ION TO: VID T. HARDEN, CITY MANAGER ZONING FROM: ~y TECHNICIAN II SUBJECT: MEETING OF JANUARY 2l, 1992 CONSIDERATION OF AN APPEAL OF HPB ACTION PERTAINING TO A SITE PLAN MODIFICATION FOR BRANDY'S WATERSIDE CAFE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of considerinq an appeal of the Historic Preservation Board action which approved a site plan modification for Brandy's Waterside Cafe. (Reference COA #8-l57-A) The action taken by the HPB dealt with two subjects. They were: (a) enlargement of the dumpster area, and (b) elimination of designated landscape area. The appeal occured during the review of appealable items at the City Commission meeting of January l4, 1992. The appeal was raised by Commissioner Alperin. A purpose of the appeal is to examine the circumstances under which the modification to the landscaping was accommodated. Thus, the balance of this documentation will deal only with that portion of the modification. BACKGROUND: As the Commission is aware, a site and development plan was approved involving a deck addition to Brandy's Restaurant and the up-grading and expansion of an associated parking area. During construction, a designated landscape area ( 8 ' x 40', 320 sq. ft. with trees and groundcover) was paved (See Exhibit "A", HPB approved plan of 7/17/91). .. .. . City Commission Documentation Consideration of an appeal of HPB action pertaining to a site plan modification for Brandy's Waterside Cafe Page 2 Thereafter a site plan modification was submitted. The modification sought deletion of the landscape area and accommodation of the installed asphalt. Further, two (2) planting pots, each containing a Mahogany tree, on the paved surface were proposed; thus, accommodating the tree aspect of the approved plan. At its meeting of December 18, 1991, the Historic Preservation Board received a presentation from the applicant's agent, Digby Bridges. He stated that a basis for the elimination of the landscape area was to accommodate drainage which flows eastward to an existing drainage inlet, located east of the landscape area and beneath the western edge of the deck. The Board then, initially, took the following action (6-0) : a. Required removal of the pavement from the previously approved landscape area. b. Did accommodate an increase in pavement width of the loading area to 15 ft. c. Required that the landscaped area be protected with curbing. (Original requirement) d. Required that the trees be planted within the landscape area L e. rejection of the potted trees. (Original requirement) Approximately 45 minutes after the Board's action, Mr. Bridges returned to the meeting accompanied by Mr. Branscomb, the owner of Brandy's Waterside Cafe. The owner objected to the Board's decision. He stated that he would not be able to hose the area daily to remove cigarette butts and trash which patrons drop over the deck railing and that bugs and dirt would be a problem without regular cleaning. After some discussion, Board member, Wayne Campbell, amended his original motion as follows: * Approve the elimination of the landscape island with the installation of pavement adjacent to the deck and ramp. (Le. the as-built condition) * That the two (2 ) pots each containing a Mahogany tree not be required. * That the two (2 ) existing flower pots remain. The amended motion was approved on a 4-2 vote (Dan Carter & Christine Bull dissenting). ., '. ... City Commission Documentation Consideration of an appeal of HPB action pertaining to a site plan modification for Brandy's Waterside Cafe Page 3 ALTERNATIVE ACTIONS: A. Take no action on the appeal. B. Reverse the HPB's revised action and take an action akin to their initial action. RECOMMENDED ACTION: As this is a City Commission review of a Board action, there is no staff recommendation. Attachments: * HPB Staff Report * Exhibit "A" (Landscape Plan approved by HPB on 7/17/91) * Exhibit "B" (Modified Site Plan approved by HPB on 12/18/91) ., .. .. e . ---------------------------------------------------------------------- HISTORIC PRESERVATION BOARD ---------------------------------------------------------------------- AGENT: Digby Bridges PROJECT NAME: Brandy's Waterfront Cafe PROJECT LOCATION: 840 East Atlantic Avenue I . ITEM BEFORE THE BOARD: The item before the Board is a modification to the C.O.A #8-157-A for Brandy's Waterfront Cafe. II. BACKGROUND: The applicant is requesting two modifications to the approved site plan as follows: * The enlargement of the existing dumpster which becomes double in size; and * The elimination of the landscape island adjacent to the handicap ramp/deck. With the original approval, there was a considerable amount of discussion regarding the dumpster and its capacity to handle all the solid waste being generated by the restaurant. The Board and Staff at that time, requested that the applicant look into providing a trash compactor or increasing the size of the dumpster. The proposed modification is consistent with previous recommendatons. The elimination of the landscape island is an as-built condition. The applicant is requesting that two pots with Mahogany Trees be located in this area in-lieu of the landscape island. The Board should make a site visit to assess the visual impact that the landscape island may have on the storefronts looking out into this area from the Boyd Building, the softening of the ashpalt parking lot and the visual effect it may have when sitting on the deck. ., . e e Staff also has some concerns regarding the survivability of the Mahogany Trees in pots. III. RECOMMENDATION: By Separate Motions: 1. Approve the enlargement of the dumpster 2. Boards Discretion on the elimination of the landscape island. 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'\..1., . ~::>~ ~. ;',' --- !,~~---~: '" .--;./.; ,~ -. -... ~ - u_ - I I . . -:;:> 0. ~ ~~ . ff =-=-=-- t..~ 'p- '~ . - :~' ~; ,\. . nO I fcn'~: - ---- ~- ~ .. ---- I [ . . 0 r;.t) 'fU . -" l~i .-t'~ C1~ - =-. m~~. , r' ) . ~z ::::1 cP~ + .~ 4--- --=- r=~ >~ ~~. . \ , ~~~ ~. E ;en _~z.. C1~ 'c!~~ c '~~ ~ (/) O'~: =- :~ 0111 ~ ~z <0 ~Q Cot) ~~ ~ $:> '. ~! LJ I ,~ ~ :-t' ':i 0 .,- I r;:, :~ ~ .z I ~ V\ .- Q III ~. 'z r- III l't) ,-1 ; << ~ ~ - ~ c:: <- .- - - z '" . - m ~ ,', - lP - CfJ - - ~ =::J I~' I : - z .. . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER eN SUBJECT: AGENDA ITEM #: CfE - MEETING OF JANUARY 21, 1992 REQUEST FOR EXTENSION OF SITE PLAN APPROVAL/HOLIDAY INN DATE: January 17, 1992 We have received a request for extension of site plan approval for the Camino Real Holiday Inn expansion located on the northwest corner of Ocean Boulevard and Atlantic Avenue. The development proposal consists of the construction of a five story, 100 room, hotel, banquet room, ballroom, lobby, atrium court and expansion of the parking garage. This is a pre-LDR project. Conditional use and site plan approval were granted for this project in July 1990. With the adoption of the LDRs, and implementation of the Comprehensive Plan, requirements were put in place to sunset previously approved land development applications. Such approvals were allowed to be built-out but only within the previously established approval periods. There is an exception provided however, for projects which are under construction and which are diligently pursuing completion. The request for extension of the site plan approval for Camino Real has been properly submitted in a timely manner. The basis for this request relies on the fact that construction has commenced and is diligently being pursued. Staff is recommending denial of this request on the basis that diligent pursuit of construction has not been demonstrated. Planning and Zoning Board and/or Site Plan Review and Appearance Board review is not required as the Commission originally granted approval of the site plan and conditional use applications. Additionally, should the Commission approve this request, both the conditional use and site plan approvals should be extended as this is a Pre-LDR project. A detailed staff report is attached as backup material for this item. dJ./ month ExrEnSlon km DATE OF EXPI,efn7oi) f1 p P R.tJ iJ E/) on 4 1-0 j VOTe.... (f}/p~n (l5S~nf)7) VOlE- : lI!foefJELj (!/Kl/f) 's 0'r1fTEO Cons/oE.eR71on Or PIbu/Dln9 Ho teL H AfCm IfSS 9- /n dE.mnJ~'(!'.477CJJ..J .r . , ~ . . C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARD~\CITY MAN~ ~~ ~()~ ~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 21, 1992 REQUEST FOR EXTENSION OF PREVIOUS APPROVAL, SITE PLAN FOR CAMINO REAL (HOLIDAY INN) EXPANSION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of qrantinq an extension to a previously approved project. This approval occurred prior to enactment of the LDRs. The project is a 100 unit expansion to the Camino Real - Holiday Inn. It is located at the northwest corner of Ocean Boulevard (A-I-A) and Atlantic Avenue. BACKGROUND: A Conditional Use approval and a site plan plan approval were granted for this project on July 24, 1990. This was prior to adoption of the LDRs. With adoption of the LDRs, and in implementing the Comprehensive Plan, requirements were put in place which, in effect, sunset previously (previous to September 30, 1990) approved land development applications. Such approvals were allowed to be built-out but only within the previously established approval periods. There is an exception; however, for projects which are "under construction" and which are diligently pursuing completion. The purpose of the "sunsetting" was many fold. One reason was to proceed with the "use it or lose it" concepts which had been embraced by the City prior to the adoption of the LDRs. Another reason was to assure that development post October, 1990, would comply with today's development standards. A third reason relates to the allocation of traffic and other Level of Service considerations so that situations are avoided whereby a previously approved project retains (banks) capacity and thus does not allow a new project to proceed. While the above factors may not specifically apply to the request at hand, they do constitute a decision-making framework which has been applied and has resulted in some development projects being abandoned. . City Commission Documentation Request for Extension of Previous Approval, Site Plan for Camino Real (Holiday Inn) Expansion Page 2 A request for extension of a previous approval has been properly and timely provided for the Camino Real Expansion Project. (See Ciklin letter of October 16, 1991.) The basis for the request relies on the fact that construction has commenced (a $100,000 wall constructed in the fall of 1990) and is diligently being pursued. Please refer to Mr. Ciklin's letter of January 14, 1992 (copy attached) for the rational behind "diligent pursuit". ALTERNATIVE COURSES OF ACTION: 1. Reject the request on the basis that construction in the field has not been diligently pursued. *** Such an action will necessitate the filing of a new site and development plan with approval authority resting with SPRAB. It is anticipated that there would be minimal, if any, significant changes to the previously approved site plan. From the documentation which was submitted with the extension request, it appears that compliance with traffic concurrency would be readily accommodated. Conditional Use (public hearing) review is not required since the LDRs accommodate a hotel as a principal use. Note: Once approval is granted under the LDRs, future extensions can be granted regardless of status of construction. 2. Grant an extension request for both the Conditional Use action and the site plan. *** Both land use actions should be extended since this is a pre-LOR approval. This will also assure that any conditions imposed as a part of the Conditional Use, but not a part of the site plan, will not get "lost". Also, we have been quite insistent that a project be either "pre" or "post" LDRs and not a mixture of the two. In addition, when this mechanism was used for the Palm Cove project specific performance time frames were set forth so that another "at the brink" situation does not occur. Thus the following additional conditions of approval should be affixed: A. That a complete "full site plan" submission (grading, drainage, water, sewer, landscaping, etc.) be made by October 1, 1992; and, that revisions as required by SPRAB action be made and submitted by March 1, 1993. B. That a full building permit application and building construction plans be submitted for plan check by March 1, 1993. C. That in-field construction commence by June 1, 1993. And, . . City Commission Documentation Request for Extension of Previous Approval, Site Plan for Camino Real (Holiday Inn) Expansion Page 3 D. That the requirements of Section 2.4.4(D) (Establishment of Project) are met by January 21, 1994. PLANNING AND ZONING BOARD/SPRAB CONSIDERATION: Since the City Commission is the body which granted approval (which is requested to be extended), neither the Planning and Zoning Board nor SPRAB have reviewed (nor are required to review) this request. RECOMMENDED ACTION: By motion, denial of the request on the basis that diligent pursuit of construction is not demonstrated. Attachments: * Ciklin request letter of October 16, 1991 * Ciklin additional information letter of January 14, 1992 * P&Z Staff Report Cover Sheet of previous approval * Reduced copy of approved site plan DJK/CCINN.DOC ., LAW OFTICES BOOSE CASEY CIKLIN LUBITZ MARTENS MCBANE a O'CONNELL A PARTNERSHIP INCLUDING PROF'ESSIONAL ASSOCIATIONS .JOSEPH L. ACKERMAN, .JR. DEBRA A, .JENKS PHILLIP D, O'CONNELL, SR. (1907-1987) BRUCE G. ALEXANDER, P.A BRIAN B. .JOSLYN, 1".11., - .JERALD S, BEER, 1",11., GREGORY S. KINO OF' COUNSEL WILLIAM R. BOOSE, m, 1",11.. CHARLES A. LUBITZ, P A, .JOHN L. REMSEN .JOHN D, BOYKIN, 1".11., EDWIN C. LUNSF"ORD PATRICK .J. CASEY, 1".11.. RICHARD L. MARTENS, P A. - ALAN .J. CIKLIN, 1",11.. LOUIS R. MCBANE, P.A. NORTHBRIDGE TOWER I . 19"" F"LOOR CORY .J, CIKLIN CLAUDIA M. McKENNA SI5 NORTH F"LAGLER DRIVE MICHAEL W. CONNORS MORRIS G, (SKIP) MILLER WEST PALM BEACH, FLORIDA 33401 ROBERT L. CRANE, P.A. BRIAN M, O'CONNELL, PA, TELEPHONE (407) 832-5900 LEE B, GORDON PHIL D. O'CONNELL, .JR., 1".11., TELECOP'ER (407) 833 -4209 MIKEL D. GREENE .JOHN R. YOUNG, P.A. - LYNDA .J. HARRIS. P.A, LONNIE B, ~NGRILLO MAILING ADDRESS DANIEL A, HERSHMAN P.O. DRAWER 024626 W~~lt"'..c~;'O~~'.'. October 16, 1991 :~.>'~: ~ .~.~ L,,; 0) '\ ..~ -. , ~ '~ -~. t: ; ~ ~~ - , r))! David Kovacs, Director ~. Department of Planning and Zoning - .-- -' " ~ ';,J City of Delray Beach 100 N.W. 1st street Delray Beach, Florida 33444 Re: Request for Extension of Site Plan Approval for Camino Real (Holiday Inn)/Atlantic Avenue and Ocean Boulevard Dear David: As you know, I represent Ocean Properties, owners of the above-referenced hotel and adjacent property. An expansion of the hotel was approved by the City Commission on July 24, 1990, and pursuant to the terms of the zoning Code, it expires eighteen (18) months later, unless an extension of the approval is granted by the Commission. The original expansion approval included both a conditional use and site plan; however, by virtue of a City-initiated rezoning, the property is now zoned Central Business District (CBD) , and hotels are permitted uses in that District. Therefore, only an extension of the site plan approval is required. As we discussed several weeks ago, Article 1.2 of the Zoning Code controls extensions of previously approved projects. Pursuant to Section 1.2.2, a project which is not established but has commenced construction, may request an extension of its approval prior to the expiration of the previous approval. "Actual construction" is defined in Section 1.3.1(C) to include "the placing of construction materials in permanent position and fastened in a permanent manner." As you'll recall, the City and Ocean Properties completed a land exchange, pursuant to a Land Exchange Agreement dated February 20, 1990 (a copy is attached for your reference). Included in the Agreement was a requirement that Ocean properties construct retaining walls in order to accommodate construction of the City'S new fire station. The wall which is located on the Ocean Properties' site, is a structural wall, designed not only for retaining purposes, but also as part of the future hotel structure. The cost of the construction was approximately . David Kovacs, Director Department of Planning and Zoning City of De1ray Beach October 16, 1991 Page Two $100,000. This construction satisfies the requirements of Sections 1.2.2, and 1.3.1(C), because actual construction has, in fact, commenced. In addition to the foregoing, and as further support for the extension request, the land exchange, as part of its consideration to Ocean Properties, was the hotel expansion approval. In fact, the primary reason for the exchange by Ocean Properties was so that it could expand the existing hotel facility. I believe that it would be contrary to the spirit as well as the express terms of the land exchange, to not allow for extension(s) of the site plan approval. I should also add that these financial times have been especially severe to the hotel industry, and the u1 tima te expansion will someday provide addi tiona1 tou r ist dollars and tax base to the local economy. It should, in my opinion, be encouraged, without unnecessary red tape, which this extension will assist in. For the above-stated reasons, please consider this my request for an extension of the approved site plan for an additional twenty-four (24) months from the date of expiration. Please advise me at your earliest convenience when this matter will be heard by the City Commission. As always, I appreciate your help and cooperation; should you have any questions, please don't hesitate to call me. AJC/ag Encl. cc: Tom McMurrain or LAW Of"f"ICES BOOSE CASEY CIKLIN LUBITZ MARTENS McBANE 8: O'CONNELL A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS JOSEPH L. ACKERMAN, JR, DEBRA A, JENKS PHILLIP D, O'CONNELL, SR, (1907-1987) BRUCE G. ALEXANDER. P.A, BRIAN B. JOSLYN. P,A. - JERALD S, BEER. Po A, GREGORY S. KINO OF COUNSEL WILLIAM R. BOOSE. m. P.A. CHARLES A. LUBITZ. P,A. JOHN L. REMSEN JOHN D. BOYKIN. P.A, EDWIN C. LUNSFORD PATRICK J. CASEY. P.A, RICHARD L, MARTENS. P.A. - ALAN J. CIKLIN. P.A. LOUIS R, MeBANE. P.A. NORTH BRIDGE TOWER I . 19.... FLOOR CORY J, CIKLIN CLAUDIA Ilol, McKENNA 5115 NORTH F'LAGLER DRIVE MICHAEL W. CONNORS MORRIS G, (SKIP) MILLER WEST PALM BEACH, FLORIDA 33401 ROBERT L. CRANE. P,A. BRIAN Ilol, O'CONNELL. PoA. TELEPHONE (407) 832- 5900 LEE B. GORDON PHIL D. O'CONNELL. JR.. P.A. TELECOPIER (407) 833 -4209 MIKEL D. GREENE JOHN R. YOUNG. P,A, - LYNDA J. HARRIS. P.A, LONNIE B, ZANGRILLO MAILING ADDRESS DANIEL A. HERSHMAN P,O. DRAWER 024626 WEST PALM BEACH. FL 33402-4626 January 14, 1992 David J. Kovacs, A.I.C.P., Director Department of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Request for Extension of Site Plan Approval for Camino Real (Holiday Inn)/ Atlantic Avenue and Ocean Boulevard Dear David: The following is our response to your December 20, 1991 letter in which you requested that our traffic engineer contact Greg Lutrell to discuss the traffic situation on Ocean Boulevard and for our office to provide evidence of our client's "due diligence" to actually commence and complete construction. Joe Pollock of Kimley - Horn has contacted Greg Lutrel1 to discuss the traffic situation on Ocean Boulevard in light of a two year extension until 1994. Enclosed is Mr. Pollock's traffic evaluation which indicates that the roadways and the project impact area have and will have sufficient capacity to allow the project buildout time frame to be extended to 1994. With regard to the "diligence and good faith" of our client to actually commence and complete construction, ~2.4.4(F) (2) provides that the following factors shall be considered: 1. When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith); 2. The extent to which construction has proceeded; and 3. The extent to which there has been a bona fide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. ~m(Cm:ffWIEIID JA~ 18 1\f'i2 PLANNING & ZONING .. David J. Kovacs, A.I.C.P., Director January 14, 1992 Page 2 Ocean Properties has met these criterion and therefore a twenty-four month extension to the site plan approval should be granted. The first criteria the City commission is to consider is when construction commenced. The hotel expansion was approved by the City commission on July 24, 1990. Ocean Properties has constructed a $100,000 retaining wall which is an integral part of its hotel expansion project. Construction on this wall began in July of 1990 and was completed by the end of 1990. Therefore, commencement of construction began immediately after the hotel expansion approval in July of 1990 and well before the expiration date of the original approval. ~2.4.4(F) (2) also provides that the city commission shall consider the extent to which the construction has proceeded and the extent to which there has been a good faith effort to develop. As previously stated, Ocean Properties expended approximately $100,000 on the project's retaining wall which is an integral part of its expansion project and was required by the Land Exchange Agreement entered into with the City in order to accommodate construction of the City's new fire station. various circumstances beyond the control of the developer have prohibited further efforts to develop the project. Quite clearly, the main obstacle is the state of the economy and its effect on the hospitality industry. It has always been Ocean Properties intent to expand the hotel and it remains their intent to complete the project in a timely fashion. They have all the necessary variances to construct the future hotel expansion which also evidences their good faith. In addition, the City Commission should take notice of Ocean Properties other good faith efforts and dealings with the city of Delray Beach. Specifically, the developer entered into a Land Exchange Agreement with the City of Delray Beach on February 20, 1990 which required Ocean Properties to make hundreds of thousands of dollars of financial commitments to the City. In addition, Ocean Properties allowed the extended use of the old fire station by the City of Delray Beach at no cost to the City. For the above reasons, Ocean Properties has established their "diligence and good faith" in commencing construction of the hotel expansion and therefore asks for a twenty-four month extension of the site plan approval. ., David J. Kovacs, A.I.C.P. , Director January 14, 1992 Page 3 Please do not hesitate to call me or my associate, Greg Kino, if you have any questions. AJC: jam 13180 enc. cc: Thomas T. McMurrain . K;'n/ey~"'orn Kimley-Horn and Associates. Inc. ENGINEERS . PLANNERS . SURVEYORS 4431 Embarcadero Drive Wesl Palm Beach, Florida 33407 407845-0666 Facsimile 407863-8175 January 10, 1992 4677.19(07) Mr. Thomas T. McMurrain, Vice President Ocean Properties, Ltd. 1766 North Congress A venue Boynton Beach, Florida 33426 Re: Time Extension Request EI Camino Real Hotel Expansion Delray Beach, Florida Dear Mr. McMurrain: As requested, we have undertaken a general traffic evaluation of the proposed time extension referenced above. The proposed time extension request is for two years or 1994. The hotel expansion of 100 rooms will generate approximately 880 daily trips using the trip generation equation from Trio Generation, 5th Edition published by the Institute of Transportation Engineers. This letter addresses the traffic implications of the proposed time extension. The issue is whether the roadway system will have sufficient capacity to handle traffic impacts from the hotel expansion in addition to other traffic which will be on the system at that time. A review of the existing traffic volumes on roadways in the area of the site was undertaken as well as review of historic growth rates. The results of the evaluation are presented in Table I. Table I clearly indicates that the roadways in the project impact area have and will have sufficient capacity to allow the project buildout timeframe to be extended to 1994. The projections have been completed using the methodology and standards contained in the Countywide Traffic Performance Standards. If you or the City should have any questions, please do not hesitate to call. verY!PjlY Y i~ ' INC. . . Ii' ' JBP:jsl J~ B. Plock, Attachment Vi President Flo'rida Registration Number 19562 467719- TMM-LOII092- jbp, wp Charlotte. Cocoa. Dallas. Fort lauderdale . Fort Myers. las Vegas. Orange. Orlando Phoenix. Raleigh. Sarasota. Slua,! . Tampa. Vero Beach. Virginia Beach. West Palm Beach BUlld,ng c I j e n t relationships SIn c e 1 9 6 7 " > > >~ -4 -4 > > i( . :zJ CD :::I :act c n CD ~ ~ > ... ;- . > :a :::I I - ... n c;O : ~ CD :a :::I c C CD CD Z U) c: ~ ! 0 in So ::T ::T ... fI,) fI,) ~ ( m r- r- ... ... ~ ~ -4 .... Co) I !< z !-' Co) 0 ..... ~ N i i ~ 0 0 0 0 0 0 ... .... I~~ n :z: J;; <D 0 Co) J~... C:n ~ N t fI,) e ... 0 fI,) m g I ~ 0 <D ~I ~ 0., W ..... fI. C1I z U) fI. fI. o _ 0 Z .... ... .... Ii .... 0 ~ b en N ~ Co) co Co) .... co .... 0) i C1I C1I 0) fI,) co <D ..... ..... .... Ii ..... 0 ..... b (,) (0 <D CD C1I C1I <D ~ ., . L...a <<~l ~ 11 "lJ ts. LU'"ll~b bUHt\U -_.~ STAFF REPORT ~TY' - - OF OELRAY BEACH MEETING rnTE: JULY 16, 1990 AGEf'.OO llEM: IV. A. ITEM: CONSIDERATION OF THE CONDITIONAL USE REUEST AND ATTENDANT SITE PLAN FOR EXPANSION OF THE CAMINO REAL HOTEL (HOLIDAY INN) ~'I I I ... ) N . I '48 <0 " " , \C " .. .. I ... I '" @ , 1" .. "'to.: - GENERAL DATA: Owner......................... ..Ocean Properties, Ltd. Agent...........................Tom T. McMurrain, Vice President Ocean Properties, Ltd. Location........................Northwest corner of E. Atlantic Avenue and State Road A-l-A (Ocean Boulevard). Property Size...................4.64 Acres City Land Use Plan..............Commercial Core Existing Zoning.................LC (Limited Commercial) Adjacent Zoning.................North of the subject property is zoned CF (Community Facilities). south is zoned LC. To the west is zoned LC and RM-1S (Multiple- Family Dwelling District). East is the Municipal Beach. Existing Land Use...............Holiday Inn and associated parking Proposed Land Use...............Addition of 5 story hotel (100 rocms), a banquet room, ballroom, lobby, atrium court and expansion of the parking garage. Water Service...................Existing on-site gA, Sewer Service.................. .Existing on-site ., . . . .- -- . . - . I '-,--==,.;:=--===--=,-,-.~. 0" -.' , ,~. ~~. r- ~ .~.=-_._,.""""._,,---_. . ... AT~9 A~E~U.!= ,- ----- - I I --- -- .--- . :,...;. I. i , I I i I . i I ! ... -c I ! I . I ~~ . . , "'..11'. , - · _l_,- /. i I.... I : I' Y 1ft [: ~.I ~ ... ; >- > .. Ilf c: ~ llt. ~ i: c .... . m t , I I , ~ l-A~ . · I ' .. ('i~ . (n~ ;~. i ., . . . .' -. - -' . . if -- .. ~ I, OURAY BEACH Of'( PAAKJHQ lOT ~ ~ '.L"~{J-JJ-1I... / ; / I I l I ;T' i..__-~""__"_."II . : . - ...-"-...."....."J...,__~....._.., .-' / "' ,,1 , . } ATlANTlC AVENUE ''II ../ -- . ; ,~. -. . - - -, - ., ~ flU I ~ I ~ I 01 ~ I D~I ~ "1 :u ' ._.. .. . ')j ":0 ~o ,z {i) - I I {i) --- ~ ~ 0-- I --~~!T= I m -IT ~ @ U (I - _ Ii" I \ _ ~ .. " z - f t-- - - -4 . . - 1T L r ~. -- :J rn - ? iD . t )0 I ;J , " > ~ ~ - tI . ) , '" ~ ~ l.~ - - .' - , , . 'I ~. I , -- , III! -- ~l r f, ,. . . " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t7fv1 SUBJECT: AGENDA ITEM =It C1F - MEETING OF JANUARY 21, 1992 CONSIDERATION OF PROPOSALS TO DETERMINE THE FEASIBILITY OF PURCHASING LAKEVIEW GOLF COURSE DATE: January 17, 1992 This item is before you to consider proposals for an appraisal and business study to determine the feasibility of purchasing the Lakeview Golf Course. At the time the agenda was completed, staff was still working on the backup material for this item. As Monday, is a holiday, that documentation will be presented to you on Tuesday. meT! 0 n 10 APP~uS -$ b) 000 L b()..(lDeD b~m CfO~ C6t4eSE.- p~~'+S" - bus/-- etjm8u..eseo 8/1C.t:.. in Fo~ BonLLS pu..ep05f.S Foe. DUBl f)) In o eo<ee To 00 A-() RPPEilIS4)C Ctt~ 80TH Go u= c.ou..es f... 1- 'R f:S I DE-nil ffL- ) A p p e00eD 3 +0 .;{ (R AnooJ...P H +1-L{nch diSSenTlnq) [) f. ke- l~nD LLsS . I SSUf.5 u...rYT1 L- ftFTEe APpefflSAL J:s e..o liS 10 t,e<U:J . .. '.;, " , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~Qjv1 SUBJECT: AGENDA ITEM #: C; G- - MEETING OF JANUARY 21, 1992 PINEAPPLE GROVE WAY/LANDSCAPE NODE DESIGN DATE: January 17, 1992 At the January 14, 1992 Commission meeting, a question arose with regard to the impact of the landscape nodes design and traffic circulation on Pineapple Grove Way. Based upon staff's research it does not seem necessary to take any action with respect to designating a traffic route or formally adding truck restrictions. However, changes are recommended to better facilitate traffic flow through this project. A detailed staff report is attached as backup material for this item. 00 foemAL fiC.:T1 Q n n 'C.c 'C:5 S R1=-Lf - Prc.o C,t.tD AS ou..Tl-l n~o .- .. .". " ,....' / '( . . ~ ,:.-/1 , I C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: ~&O~~!o~ DEPARTMENT OF PLANNING AND ZONING FROM: GREG LUTTRELL, TRAFFIC ENGINEER~ SUBJECT: MEETING OF JANUARY 21, 1992 PINEAPPLE GROVE WAY LANDSCAPE PROJECT ACTION REQUESTED OF THE COMMISSION: This memo does not call for an action. It is supporting material as requested at Commission meeting of January 14th. Two subjects are addressed: (a) Truck Traffic Routing Impacts (b) Analysis of intersection geometries with respect to turning movement and the landscape nodes. BACKGROUND: Introduction: Questions have arisen concerning traffic patterns in the Pineapple Grove Way area. This area is generally bounded by Swinton Avenue, N.E. 4th Street, F.E.C. Railroad, and East Atlantic Avenue. The roads and alleys in this area are shown on the attached map. Currently traffic travels this area unrestricted with two exceptions: - Truck prohibitions exist on East Atlantic Avenue from Swinton Avenue to US1. - N.E. 1st Street - one way westbound from US1 to Swinton Avenue. All other Streets accommodate two-way traffic flow of all vehicle types. Recently three roadway projects have been approved, or built, that will result in restricting traffic flows: - Banker's Row (N.E. 1st Avenue - N.E. 2nd to N.E. 3rd Street) . ,. ,-." ., , City Commission Documentation Meeting of January 21, 1992 Pineapple Grove Way Landscape Project Page 2 - Old School Square street improvements (N.E. 1st Avenue - Atlantic Avenue to N.E. 1st Street). - Pineapple Grove Way beautification (N.E. 2nd Avenue - East Atlantic Avenue to N.E. 4th Street). These projects alter the roadway environment due to changes to on-street parking, reduced intersection geometrics, and landscaping nodes. Truck Patterns: Trucks accessing sites in west part of Pineapple Grove currently travel all roads except East Atlantic Avenue. Questions have arisen concerning the truck access patterns following completion of the three streetscape improvement projects discussed above. The attached map shows the current truck restriction, as well as possible future truck restrictions. These possible truck restrictions may be required if trucks continue to use these roadways following completion of the improvement projects. Through a natural learning process, most truck operators will learn and travel the easiest route to/from a site. The reduced geometrics being proposed and built for Banker's Row, Old School Square and Pineapple Grove Way projects, should naturally discourage truck use on these road sections. Trucks should therefore use the other streets in the area. Currently, many truck trips occur on the area alley network. Travel down the alleys has been improved through recent pavement resurfacing. Use of the alleys for deliveries and utility purposes should continue. An examination of that part of the Pineapple Grove road system which will remain open to truck traffic reveals the following: - Access to major truck users remain open, although routes may be altered. - Truck access using the alley system remains unchanged. These new/altered routes include Swinton Avenue for north/south travel and N.E. 1st, N.E. 2nd, and N.E. 4th Streets for east/west travel. Using these roads and alleys results in acceptable truck flows through and to users in this area. Based on the above, it does not seem necessary to take any action, at this time, with respect to designating a traffic route or formally adding truck restrictions. .. 1...1 '. City Commission Documentation Meeting of January 21, 1992 Pineapple Grove Way Landscape Project Page 3 Geometric: Specific geometric questions have been raised pertaining to the intersections being modified by the Pineapple Grove Way beautification project. This project includes the installation of nodes on most intersection corners. These nodes provide for pedestrian movements and landscaping areas. These nodes also narrow the roadway geometrics at the three project intersections. These reduced geometrics do not, and cannot accommodate many types of trucks. The American Association of State Highway and Transportation Officials (AASHTO), A Policy on Geometric Desiqn of Hiqhways and Streets (1990), provides national roadway standards. The discussion concerning intersection design relative to turning vehicles presents three specific design recommendations: - "Radii of 15 to 25 ft are adequate for passenger vehicles." - "Radii of 30 ft or more at major cross streets should be provided where feasible so that an occasional truck can turn without too much encroachment." - "Radii of 40 ft or more . . . should be provided where large truck combinations and buses turn frequently." These three design guidelines state that larger vehicles require larger intersection radii. Other comments made in the AASHTO text discussed lane widths. Minimum local road lane widths are 10 feet. These lane widths must be increased when near an intersection where minimum curb radii are being used. Desirable lane widths are 12 feet. A 12 foot lane at an intersection where minimum radii are used allows a turning vehicle (passenger) to maneuver through the turn without encroaching other lanes. Three intersections are being modified by the Pineapple Grove Way beautification project. A geometric evaluation of these three intersections yielded the following results. This evaluation focused on the adequacy of the proposed improvements to efficiently handle passenger vehicular traffic. - N.E. 2nd Avenue/N.E. 1st Street: - The north and south approaches are 22' wide. These should be increased to 24' to allow the marking of 2-12' lanes. '. .. City Commission Documentation Meeting of January 2l, 1992 Pineapple Grove Way Landscape Project Page 4 - Above ground utilities appear not to allow the radii to be increased in the east corners. - Right-of-way constraints appear not to allow the radii to be increased in the west corners. - N.E. 2nd Avenue/N.E. 2nd Street: - The north approach measures 29 feet wide. It should be narrowed to 24 feet and marked as 2-12 foot lanes. Widening to allow for a separate southbound right turn lane would require at least 34 feet and result in a 3 foot deep landscaping area. - The south approach should be increased from 23 to 24 feet to allow 2-12 foot lanes to be marked. - Above ground utility and right-of-way constraints appear to limit the curb radii to those shown. - N.E. 2nd Avenue/N.E. 3rd Street: - The west approach scales to be 18 feet wide. This approach must be widened to 24 feet. - The south approach scales to be 23 feet wide. It should be increased to 24 feet to allow the marking of 2-12 foot lanes. - The curb radii in the N.E. corner can and should be increased to 25 feet. These changes are recommended to better facilitate traffic flow through this project. However, they do need further review to insure that they do not negate the intent of the beautification project. The resolution of this matter can be accommodated within the Administration. Attachments: * Exhibit marked "Truck Patterns" * Three exhibits showing geometrics at impacted intersections along Pineapple Grove Way T:CCPGTRUK .. ....'h .. \J r..J % :z: c PINEAPPLE GROVE WAY - TRUCK PATTERNS i , ,\ J ~ H.W. -4TH ST. I ~ ~. 0 ~ I ~ ! ~ I ~ - I ~ J 4: I D I' I ST. ~ ~ i i~ ~ <( I i ~ 8 ~ J . ~ ~ < . ! ~ ~ ! I II: tIS I . . I Dl i. p ~ ~ n SL I I ~ I e I n ~ i d . % , to-: ~ i ~ :I: i i!: ~ ~ . .. o 1= Ii z ~ ~ --- I N.E. -- .........c- 1 -- . ~ w I ~ ~ i z ~ . ~ g ! >- ...J I I- 0.1 W LJ ~ Z O:i"!' ;i ~ I Z ::! ~ I I I 8 l J cl IDi ATLANTIC AVENUE ffi r 1 ~ w ~ Vl N . . . . D:IS11,NG TRUCK RES1RICTION 4( ~ n. 0 W I -.- POSSIBLE TRUCK RESTRICTION ~ c I- 4: W ~ U ~ ::J 0 o 0 n. ~ 'I ,-., ~v I I Oo(/)~ J w 10- Z o. 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X (f)a) ~ 3: -II I- ~~OlS "to W-......",<( ~ Z3:3: I- (f)! II) '15 1SL '3'N Z~(f) .(f) I t:> -I 0 (t.: I -<( I r ;i 3: 5 .~ . -I <Co <( -' 0 >- <cO 1t)0l I- <Ca) ::J N en It) .- Zo::(f) W o (f) 0:: I- F~W 0 <Co 0.. <(u I- W U (f) enl-uo...<( 0::: 0:::3: ~ ::>ow 0... ::> - UWI-W<C 0:: : OzZu 0 O' .w- _ :~ I-W wo en 0 (/)ZO:::I-z a:::: 1(' ,- :::-; I., A' ".. o. ~~ x~ I w - -9-/ 0 z (f) I ::L W ,0::: 0 ~ 0 I a. W ::c ::c ::c I a. (/) (f) ~ . <( ?: W 0::: > ~ <( U . 0 Z ~ N ~ . <0 W I . z I LO I .q- LO ....... U-.J I-C! ::)~ <{DO Z....... <(00 :>~ 1l)~~ 3i3i . ..... 0.. a. 00 1-1- ..... r - -'VfM ..9- -- -i (- -~~OlS d8^ uSL - 015 ONZ '3 . (-------~ -9- ~l'v'M '8N08 ,s ..... 1->- to Wl.1.. ~~ -1o~.- zoo:::~ . ~ ,If) z~ I- xr- (f) . - , ~~ -w~~ Xo - ?i~ (/) W<(oO::: CD ::) W 0::: I- . :> 0..0.. U (f)~ t:; : 00 G: - 0.._ If) I- 1-1- ~oox r- 0'; (f) O:::I-I-W I I .)r: ~ l.1.. I w -1 , , ,..., - .. ~ , i I -~ I I 0 I ~ w W 0:: r- ......=~ (/)~ X< wCL .....J <(0 <(0 ...... lOS . I I "1M' ':)NOJ .~ 'lS OtJ~ '3'N '~n8 X006 185 ~ <(0 <(0 lOS (. : : I N N .- Z .- J '-' I CL u.. U1 u.. ::::;; I -1 ~ 0 0 a. lI) f'0 0 N N I I~ (/) w ~ a. CL ~ <( CD 0:: ::> 0 c lO ~ ~ '. ., . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER lM SUBJECT: AGENDA ITEM # 9 H - MEETING OF JANUARY 21, 1992 CHANGE ORDER NO. l/METRA INDUSTRIES, INC. DATE: January 17, 1992 This is a change order in the amount of $29,143 to the contract with Metra Industries, Inc. for the installation of an eight (8) inch water main on N. Swinton Avenue to interconnect with the City of Boynton Beach water system. This interconnect will provide water for additional fire protection and water for domestic service during periods of water shortages. Some $5,189 of this cost is to be paid by the new Assembly of God Church since this line is required to provide adequate fire protection for their new building. Recommend approval of Change Order No. 1 in the amount of $29,143 with funding from 1991 Water and Sewer Revenue Bond Construction - Water Distribution Improvements (Account No. 447-5174-536-61.78). ~ 1./-0 '. ., > Agenda Item No.: AGENDA REOUEST Request to be placed on: Date: January 8, 1992 X Regular Agenda ____Special Agenda ____Workshop Agenda }.I When: 1/J;:4192 Description of agenda item (who, what, where, how much)____ p . Staff recommends approval of Change Order No.1 to Metra Industries, Inc. in the amount of '} - if 1 . A7? I.) $1~7.357.66 for the Pineridqe/Church of the Palms Water Main Extension. Proiect #91-30. This change order will provide for an~ 8" water main to be constructed on N. Swinton Ave. to interconnect with the City of Boynton Beach water system. Acct. No. 447-5174-536-61.78 Previous Contract Amount $98 823.00 Net Increase $29 143.00 Total Price $127 966. ORDINANCE/RESOLUTION REQUIRED: YES/ DRAFT ATTACHED YES a Recommendation: Staff recommends approval ,-/ / --, " .~ .-')o'e 1-, /,' / ,-'I '. .2" ""'11,'1 . ~ . L>, L /~r---i (; -,d~ /~:::-:J7- ature: $.J. 4( ~p J / / ~ /9 "Z- 'ch l t ' ,. L <<1-,-,- '"7 <-l '71~":7\ c ~l' ~'.~. "rPv~j L ~ . \ sis.te-- , . .,:. '8 Plan: A,. . ( . , ,'^-' ,,/ . I Iv -( ,,'-" -~ "',. . -(-t-v'-~\ C h'-J... .. ",,-,,".1- ii, ---C-. - -': / ~\;-...::....._; I' l,j---c.~~.'\ ~ L<\..;.~"'" L. ~ ~ 1:.' .... , -1{ ,. -. ----u~ ~.~/ , '-'~'. -~ r ''"'-. .?-c "cT...:"" '. .~. -< r\"-GC.'f,!., ~~ /~ 1/- . _ I; ," / .'4' '--, .' Gt;"-e.. "'-' ,rr - '--\.J},.. ;Lt:-'.. 1_ ~_ \: . _..-''\.,\~ --~. I, - l '''-{. , /' '---'" ;"L.'./V~_<) .' ''-\,....il".....:N'"....'l " :',. < "jReCOJDll IW'1\ 4' ! i.L~ L'-"'\. ,Ie) ). -(!J..-, lu>X";( .> . ~ .~ I' - ,'. ,- - X'~, \... '-"'-- I,"^- "\~0~' /\~~' ~... l:~U:'1-- I ~ )!W~~,r: avi;w (ret. .""' VJ I involving ls) . (;:::----..... C\i\.{fLi .\ able: ~/! \' ~ , l.," lative~. ~t\-O,)^\\ Jj."~ ?licable) Account;. nv. _ DeSCr:LC:Lon. (fl" \ ~ ~ Account Balance G)f'\ - \}J ~ ,.+~. ) City Manager Review: Approved for agenda: @/NO fr;v1 Hold until: Agenda Coordinator Review: , Received: Action: Approved/Disapproved ., .. . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: RALPH B. HAYDBII, P.B.~1J.!.(6 CITY ENGINEER DATE: JANUARY 8, 1992 SUBJECT: PINERIDGE ROAD/CHURCH OF THE PALMS WATER MAIN EXTENSION BOYNTON BEACH INTERCONNECT PROJECT NO. 91-30 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Enclosed is an agenda request Change Order No. 1 for METRA Industries, Inc. This project will provide an interconnection with the City of Boynton Beach utilities System, and will provide additional fire protection and domestic service during periods of water shortages. We also feel it would be more cost effective to issue a change order to this contract than rebid the extension. Original Contract Price ------------- $ 98,823.00 Change Order No. 1 ------------------ 29.143.00 TOTAL PRICE --------------------- $ 127.966.90 Attached is a cost break down for the change order. Please place on the agenda for Commission Approval (Account No. 447-5174-536-61.78). REH:kt RHDHJ7.KT cc: Interoffice Memos: Memos to David T. Harden, City Manager Sandee Mills, Adm. Sec. , Environmental Services Department File: 91-30 (D) Enclosure .. ,.., 9HANGE ORDE~ No. 1 Date December 9 I 1991 - Project No. 91-30 . Project Name: Pineridge/Church of the Palms Water 'Main Extension . 0,1 (447-5174-536-61.78) Owner: City of Delray Beach, Florida Cont.ractor: Metra Industries Inc. Contract Date: SeRtember 6. 1991 To: Metra Industries : Contractor , You are directed to make the following changes in the subject contract: Extend water main northward aEproximately 1,050 LF along Swinton Avenue, including additional fire hydrant per Schedllle itA" attached. ~ ,. ....- which changes are more specifically described in the attached amended plans, drawlngs/ and specifications. ':Phe reason for the change is as follows: To ~rovide 8" upgrade loop with the Boxnton interconnect. Staff feels it would be more cost effective to issue a change order to this ~ontract rather than rebid this extension. The contract price', and contract time shall be adjusted because ,of such changes as follows: A. Contract Price 1. Contract pric.e prLor to this -change order: $98,823.00 1 of. 2 o. I..' . . CHANGE ORDER # / 2. Net increase resul tingfrom the change order: $29,143.00 3. Current contract price including this change order:$127,966.00 B. Contract Time '.1 1. Contro.ct .time prior to this change order : 120 days 2. Net incr-ease resulting from this change order: 15 days 3. Current ,contro.ct time including this change order: 135 days City of Delray Beach, Florida, OWNER By: Thomas E. Lynch. Mayor Attest; . 1 C.l..ty Clerk City of Delray Beach Approved as to form: City Attorney ,. The above changes are accepted on ~~lAL.(<l,.r, 3 , 19~. I understand .that all the pl."ovisions of the Contract Document related to Project No. 91-1.Q_^ which are not inconsistent with the terrllS of this Change Order shall remain in effect and apply to all work undertaken pursuant to this Cho.nge order. hlitncss: _~ _ '.. IIf -(' -h--'\ :Cr7ClvJv{..,~ 'rAC , CONTRACTOR ~ /~.. By: ;(Ji;1fl.u~ p,.,,:.la~1-- As to Contractor ~ I Title . ' 2 of 2 , 1, 1'1 . . SCHEDULE IIAII CHANGE ORDER #1 Item Description units unit Price Total 1 811 DIP 1050 23.08 $24,234.00 2 811 Gate valve 2 400.00 800.00 3 Fire hydrant assembly 2 1,450.00 2,900.00 4 811 Connection 2 600.00 1,200.00 TOTAL OF CHANGE ORDER #1 $29,134.00 o. . fN Ul Jl J l J L ill 5.f. Jll1H 10. VE. Gl.U' STM:.w 1lLW. BOYNTON BlUCH INTKRCONNECT s DRM: KX/STING L. W.A~ ~.A!!! CONNECT TO EXISTING FATER MAIN d' nTER Jl.AIN .t EXTENSION I ] ti EXISTINe 8' WATER MAIN 0 ~---- ------~- ~ !!l !!l ::l ~ 0 ~ < OJ .... e !!? i!l J' '" :i. Z ::JT l l CITY of DELRAY BEACH ~ SWINTON AVENUE 6i> ~ ~ WATER MAIN EXTENSION ENVIRONMENTAL SERVICES DEPARTMENT 43C IIIIO'IB _ AQIllJI, _ MACH, _ II3U4 PINERIDGE ROAD TO BOYNTON INTERCONNECT " ,,' ,. . ~ .. . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER !/; SUBJECT: AGENDA ITEM # 1 I - MEETING OF JANUARY 21, 1992 RESOLUTION NO. 7-92 CALLING FOR SPECIAL ELECTION DATE: JANUARY 17, 1992 Resolution No. 7-92 is before the Commission pursuant to the requirements of Section 5.07(a) of the City's Charter which mandates the adoption of a resolution calling for a special election by the Commission at least 30 days in advance of same. The special election pertains to the three charter amendment questions to be placed on the March 10, 1992, municipal ballot. On December 19, 1991, the Commission adopted the following ordinances: (1) Ordinance No. 77-91 relative to increasing the term of office from two to three years for the Mayor and Commissioners, beginning with the 1993 and 1994 elections; (2 ) Ordinance No. 79-91 relative to the elimination of the second nonpartisan election. It would allow for the candidate receiving the highest number of votes to be elected to the office for which he or she is running. Only in the event of a tie would a second election be held; and (3 ) Ordinance No. 80-91 which would place a six (6 ) year limitation on the number of years an individual could serve as a mayor or commissioner. After six consecutive years of elected service, the individual will be required to wait one year to run for any commission seat, including mayor. Each of the ordinances contains the provision that it shall not become effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, voting at the election to be held on March 10, 1992. This resolution is a requirement of the election process in order to place the questions on the ballot. Recommend approval of Resolution No. 7-92 calling for a special election on the matter of three charter amendment questions to be placed on the March 10, 1992, municipal ballot. ~ 3& / (. ;9fl. ~ ~) '. '. . , RESOLUTION NO. 7-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO CAUSE TO BE PLACED ON THE MARCH 10, 1992, DELRAY BEACH MUNICIPAL ELECTION BALLOT THREE (3) QUESTIONS RELATING TO AMENDMENTS TO THE CITY CHARTER OF THE CITY OF DEL RAY BEACH, FLORIDA: ESTABLISHING THE BALLOT LANGUAGE TO STATE THE QUESTIONS: PROVIDING PROCEDURES PERTAINING TO THE VOTE ON THE QUESTIONS: PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. For the purpose of amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office: Number; Offices of Vice-Mayor and Deputy Vice-Mayor: Succession to Office of Mayor" , Subsection 3.01(a) of the City Charter of the City of Delray Beach, Florida. Chapter 25788, Laws of Florida, Special Acts of 1949, and amendments thereto, there shall be placed on the March 10, 1992, municipal election ballot the following question: INCREASING THE LENGTH OF TERMS OF OFFICE FOR COMMISSIONERS AND MAYOR FROM TWO TO THREE YEARS AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF DEL RAY BEACH, FLORIDA, TO PROVIDE THAT THE LENGTH OF THE TERM OF OFFICE FOR CITY COMMISSIONERS AND THE CITY MAYOR SHALL INCREASE FROM TWO (2) YEARS TO THREE (3) YEARS COMMENCING WITH THE ELECTIONS IN 1993 AND 1994. SHALL THE ABOVE DESCRIBED CHARTER AMENDMENT BE ADOPTED? YES (For Approval) NO (Against Approval) The ballot shall clearly indicate spaces to answer "YES" and "NO" to the above question. Section 2. For the purpose of amending Article V, "Elections", Section 5.02, "Types of Elections", Subsection 5.02(a), and Section 5.04, "Elections Generally", of the City Charter of the City of Delray Beach, Florida, Chapter 25788, Laws of Florida, Special Acts of 1949, and amendments thereto, there shall be placed on the March 10, 1992. municipal election ballot the following question: THE CANDIDATE RECEIVING THE HIGHEST NUMBER OF VOTES IS ELECTED, WITHOUT REGARD TO MAJORITY AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF DEL RAY BEACH, FLORIDA, TO PROVIDE THAT A CANDIDATE FOR THE OFFICE OF COMMISSIONER OR MAYOR WHO RECEIVES THE HIGHEST NUMBER OF VOTES EVEN IF IT IS NOT A MAJORITY OF VOTES CAST FOR THAT OFFICE BE DECLARED TO BE ELECTED TO THE OFFICE FOR WHICH HE OR SHE IS A CANDIDATE, AND TO PROVIDE FOR A SECOND NONPARTISAN ELECTION IN THE EVENT OF A TIE. I .. '. . SHALL THE ABOVE DESCRIBED CHARTER AMENDMENT BE ADOPTED? YES (For Approval) NO (Against Approval) The ballot shall clearly indicate spaces to answer "YES" and "NO" to the above question. Section 3. For the purpose of amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number;. Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of Mayor", of the City Charter of the City of Delray Beach, Florida, Chapter 25788, Laws of Florida, Special Acts of 1949, and amendments thereto, there shall be placed on the March 10, 1992, municipal election ballot the following question: LIMITING MAYOR AND COMMISSIONERS TO SIX CONSECUTIVE YEARS OF ELECTED SERVICE AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO LIMIT THE TERMS OF COMMISSIONERS AND MAYOR TO SIX (6) CONSECUTIVE ELECTED YEARS IN OFFICE, AND TO PROVIDE FOR A ONE-YEAR PERIOD DURING WHICH AN INDIVIDUAL WHO SERVED SIX (6) CONSECUTIVE ELECTED YEARS MAY NOT BE REAPPOINTED OR RUN FOR ELECTION. SHALL THE ABOVE DESCRIBED CHARTER AMENDMENT BE ADOPTED? YES (For Approval) NO (Against Approval) The ballot shall clearly indicate spaces to answer "YES" and "NO" to the above question. Section 4. Said election shall be held at the same polling places in the several precincts in the City as the polling places for the general election, and the election officers who shall conduct said election shall be the same as those selected and appointed for the general election. Section 5. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 21st day of January, 1992. MAY 0 R ATTEST: City Clerk . - 2 - Res. No. 7-92 .. .. '. ,. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER /M SUBJECT: AGENDA ITEM # qJ" - MEETING OF JANUARY 21, 1992 RESOLUTION NO. 16-92 DATE: January 17, 1992 This is a resolution requesting that the Florida Department of Transportation approve a City recommendation to remove the left turn restrictions and modify pavement markings at the intersection of Palm Square and East Atlantic Avenue (SR 806). The left turns at Palm Square/Atlantic Avenue were initially restricted to address traffic congestion from the Patio Restaurant. As this condition no longer exists, staff has recommended that the turn prohibition be eliminated. A detailed staff report is attached as backup material for this item. Recommend approval of Resolution No. 16-92. K t..so I LA.. 11 0 n VDiD Cro-r n ~l=.SSA Ib-{ ) ''K sc..~tu~ O~ hom FOoT foR- RemctJAL_ of +hE- R tSrfC,ie.. Tl au IOf?- onE.. <-t EJl-G . +0 bE- R-E UJR'I t..Ut-- /EL) J ~ OILL Lf J..IJ.A..., . fI~) :IiL ~~ ~ UY mrH-- ~. " f." , .. ..-..- .+. - -- RESOLUTION NO. 16-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO APPROVE CITY RECOMMENDATIONS TO REMOVE THE LEFT TURN RESTRICTIONS AND MODIFY THE PAVEMENT MARKINGS AT THE INTERSECTION OF PALM SQUARE AND EAST ATLANTIC AVENUE (SR 806) . WHEREAS, the City of Delray Beach, Florida, has requested the District Traffic Operations Engineer of the Department of Transportation to approve City recommendations to remove the left turn restrictions and modify the pavement markings at the intersection of Palm Square and East Atlantic Avenue (SR 806); and, WHEREAS, in support of the request, the City of Delray Beach has made the following findings: that there is no longer a traffic congestion problem in the area; that there appears to be no sight distance limitation as has been previously stated and that there is an apparant inconsistency in the application of the left turn restriction to another building in the immediate area compared to said intersection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, formally requests the District Traffic Operatons Engineer of Department of Transportation of the State of Florida to provide written approval of the City's request to remove the left turn restrictions and modify the pavement markings at the intersection of Palm Square and East Atlantic Avenue (SR 806) . Section 2. That the City Clerk is hereby directed to furnish a certified copy of this Resolution to the District Traffic Operations Engineer of the Department of Transportation of the State of Florida. PASSED AND ADOPTED in regular session on this the _____ day of , 1992. MAY 0 R ATTEST: City Clerk . ( " . . -. . - [IT' DF DELHA' BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 January 13, 1992 Mr. Walt Lashley District Traffic Operations Department of Transportation 3111 South Dixie Highway Suite 112 West Palm Beach, Florida 33405 RE: PALM SQUARE @ SR806 (EAST ATLANTIC AVENUE) LEFT TURN RESTRICTIONS Dear Mr. Lashley: This letter is to confirm our discussions over the past few days concerning the removal of the left turn restrictions at the Palm Square/SR806 intersection. Presented below is a short history, site data, and a request for changing the traffic control at this intersection: HISTORY: Pre 1981 - The Patio Restaurant is in operation using Palm Square as a valet parking staging area. Congestion was created by the valet parking maneuvers. The City Engineer, Gerry Church, performed a traffic study and recommended the restriction of left turns to address the congestion. This City initiated request was approved and installed. 1981 - Letters between the City Engineer and George Martas, Assistant District Traffic Operations Engineer, indicate that the left turn restrictions were not operating well. Intensified enforcement and possible physical barriers are requested. 1989 - The Patio Restaurant burns to the ground, greatly lowering traffic on Palm Square. 1991 - A traffic signal is requested by the Ci ty for the referenced intersection, as a relief from the left turn restrictions. It was revealed that Palm Square carries less then 500 vehicles per day. The signal request is denied as the intersection doesn't meet minimum warrants. THE EFFORT ALWAYS MATTERS o. , . Mr. Walt Lashley , . Palm Square @ SR806 (East Atlantic Avenue) Left Turn Restrictions January 13, 1992 Page 2 DATA: Actual field measurements taken January, 1992 reveled the sight distance from Palm Square east to westbound SR806 is 520 feet. Accident records indicate that there has been 2 reported accidents at this intersection over the past 3 years. Casual observations made at this intersection show frequent violations of the existing left turn restrictions. ANALYSIS: The left turns at Palm Square/SR806 were initially restricted to address traffic congestion from the Patio Restaurant. This congestion is no longer present. Over the past couple of years, FDOT has re-evaluated the need for these left turn restrictions and stated they must remain due to limited sight distances. Field measurements indicate that the motorist traveling westbound on SR806 would see the intersection approximately 520 feet away. The FOOT Green Book requires 325 feet of minimum stopping sight distance for a 40 MPH design speed roadway. The road is currently posted at 25 MPH. There appears to be no sight distance limitation as has been previously stated. East from the SR806 intercoastal bridge is a similar situation. A bank/development driveway is approximately the same distance from the center of the bridge. Left turns are not prohibited at this location. This apparant inconsistency in the application of the left turn restriction for the bank drive compared to Palm Square has been brought to the attention of our City Commission by concerned citizens. REQUEST: Based on the above discussion, restricting the left turns at the Palm Square/SR806 intersection appears inappropriate. We are therefore requesting that the turn prohibition be eliminated. City forces are available to perform the sign removal. In addition to the removal of the no left turn' signs (R 3-1), minor pavement marking revisions will be required. These modifications are shown on the attached sketch. Again, the City will assume the responsibility to perform these changes. '. . . . Mr. Walt Lashley ~ Palm Square @ SR806 (East Atlantic Avenue) Left Turn Restrictions January 13, 1992 Page 3 FOLLOW-UP: The City is eager to have these no left turn signs removed, but realizes that the safety of our motorists is paramount. We will therefore work with the FDOT to address any future safety concerns which arise at this intersection, as well as any location Citywide. The removal of these turn restrictions is very important to the City. Many of our Advisory Boards, The Chamber of Commerce, and The City Commission are preparing to request this sign removal through resolutions. It would be beneficial to all of us involved if we can handle this matter prior to their actions. We are therefore requesting that we receive a response as soon as possible, but, no later than January 21, 1992. GREG L ELL \ Traffic E gineer Planning epartment GL/leh Attachments cc: David T. Harden T:PALMSQ ., I;' I . . ~ ! ~ ,I i , ) , j , ~ ij " " . .-. ; ~ ~ t ;1A-": i,,':" I " t :1 (,: ,.:.... I - f':i{ ~ e:~~:,::" , -'" 'J , I '.4 ~ i,f)/'j '~ ; ,.,).' '.: d i ",- ,'~"';.;' .' , . t,;{~;':~~t ":1 I ~ I " " I ~ I .....:.:.. " I I ~ . ., ~ ~ I J l " .' . " I ' " . . .. ~ , . ~ cJ ~ ; r '. "h:~:'" . i .' . -' -' , .3 ~ ~ t ,:',:' :.~ :~~. .. i ~ ~ ~ i , ; ./' , . " I I , '~ , , I i t ~ , .. I ~. ~ I , I !~ t .II 2 !.-. --- . ~J; , ' ....2 te f- . ~ t . , j~ I I , , , / I , ,I HI 1 / I I , ~ I " , ,',-:; r~ 1 ~ I I ~'. '. " I ' i f i~,{~ J : .' /'" J 1 i ! ';fi~"" ~ II "")~ q:i} ~I.II~ '~' , I ;. , " I 1,\ ~ ! I II' I 1 ' If/I' I ~ ~: , \\ , 1\' " ~ . ~I I - -- : ~11 \ ~ 110 ' . , It I:,. ~ I !, I ~ L. v' : i f /' I ,; ~ , , ~ ~ 1 f P , ' " 'I f ~ I ~ ' . i I I f t I I I' \ ! :.t to ; I t l I I I I r I J , I & ~ ~ I I I I 1= , ,I I j I 'I : I ~ i , t- . . \ , I, I 8.\\ ; I I I ,I , ~ ~ I , II I I ;1; ~ -----.. I, i ' .. I , . I I ,.. J.. " I,d . ~ -," . -/) .1 . -. .A. -" "\ JANUARY 9, 1992 TO WHOM IT MAY CONCERN: ATTACHED PLEASE FIND SIG~mD PETITIONS FROM PROPERTY OWNERS IN THE IMMEDIATE AREA OF THE PROPOSED CHANGE TO PALM SQUARE, WHO ARE IN FAVOR OF THE CHANGE. ~~ 1. f ALIEDA N. RILEY .. WE THE UNDERSIGNED, RESIDENTS OF DELRAY BEACH, FLORIDA, BELIEVE THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY ZONED MARINA HISTORIC DISTRICT, PALM SQUARE SHOULD BE CLOSED AT THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA, WITH A TURN AROUND. DATE NAME ADDRESS 1)3/12- I[;4J. I it 5 ?~ ~~ /J 3 / 0/,- @ IZ t!d" c3 .3 (j1/At~ <~L~/L L I --....~ . 17- ~~ ~L~ :3 '1 ~~AM- ,~'LQ.. /,)c ~~ cJ~ ~ ~~ III ~~ bey- )-4- 'iL J~e-a-K--~ 7tJ7 1~. ~ ~ C~d~~~) 1-<4--')2-. O~ ~~ ~ (S:t~~ /-./-9z. 7/;~ ~.-z~d~ ,/7('17.. &...vv~ 30~""... n / h 1;.< /?7;v> ( #f..J,"ry . · " //7 I?v AD~ r::~U '('t/C; 2- . III! P~Y1 /020 T<<mMIf'ld Qd 33'fcg3 lily ~ I ~ LQz~ 60~~7 ;(q(qy 1~ kuii.e-~ 1/ f('1) . ;v7~ f'? tJ/q/ht S-~. '. . WE THE UNDERSIGNED, RESIDENTS OF DELRAY BEACH, FLORIDA, BELIEVE THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY ZONED ~~RINA HISTORIC DISTRICT, PALM SQUARE SHOULD BE CLOSED AT THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA, WITH A TURN AROUND. DATE NAME ADDRESS 1/r/tJ- ;td/l~ 5'i~WflI 1/ Q/9.J-. ~ R&:vw#-- 54-~ ~/ ~/J3'ff5 II q/t11- nf!MJl;~ eJ-O{) fl/tlJ2tJtj ~ " E, l \tol"f2 \J~. 'lDl ~. C_ \ U T. <, ". '/ /: "AI tfilOrJ f746o,s- ?!J'/f r,r f...,-,-> .. cSl , '~' , f ! 0 92 . ~/,;,dTL '-o+- b t<(~ SQ.v".eG '. THE UNDERSIGNED PROPERTY HOLDER IN DELRAY BEACH, FLORIDA BELIEVES THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY ZONED MARINA HISTORIC DISTRICT, PALM SQUARE SHOULD BE CLOSED AT THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA, WITH A TURN AROUND. DATE NAME ADDRESS 1'i1<- r;;e/ J 3rt, T#~~-rD,..) ~O~L~~&. . -- .--..,,- JANUARY 9, 1992 MR. ALEXANDER CAMPBELL, WHO OWNS PROPERTY AT 53 PALM SQUARE, HAS INDICATED THROUGH HIS AGENT, MR. STEVEN BATES, THAT HE WILL BE IN AGREEMENT WITH THE MAJORITY OF THE RESIDENTS OF PALM SQUARE. Ud~ l, IL / ALIEDA N. RILEY . - , , " . ,,- . Jtd FAVtJt( N , . J \ 1 Pl< () ~cUL 1" ~ D IJJ l\.l G IG ~ l - PAL-IV\ ~~l.,j.q-R.I;? - . - -------- --------.--...--t--" ATtA~)T(C- f~ II (;, 1--- ---_._,--~ . 5,}/0 F':; , K)';:i 7IiVi.'hN7! -r I )-:--f) f. M [; 1\ I . -_.~_..._------------- I UklVE I P4//0 II' ' ,fAr{ K Il\JG I Pt?o fRRT I 'Z\ G ~ Uc <t:: ", .\t \---"':::1 ':z. \j- IUlt0Y LUo OPE nJ i-- -- .'1 -~ II t' B'fH:rvlifU> .~ _-) . "J fDEf"RT.5 DE !o!'J'Tb ,~ ~ \ . !-f 1/t. E .~ c. .-T 0J#~;- ~ ~. ~ ;;,'li T /I r ,-- .l; tAn 8 5 C-1-1 ~JL-lJ iJ -~ --- -., C /} i'l (~/ri;1- I.- J] fl-R ~ f---.. I f) L l3 ( 8(0 7J.I ~R.(7; A ~d~D~l fILe-! ---"---~.- (~ 1l..L.e- R. - - :S~r ~ ~ r E, 1. f , I~wt~~~ n~RI~& VrL"~ tlTt I I / I ' I (~, ?J4 K'< I <& t. ~ -, .' .J () 4.7 F N '< ~(- ~._.1 "';~ ,-J.... ;,...'"i ,:') I -r' '.. \\." r .,;..J. .. ,. \' , I' R'-' ..\ N I '< , 0 1"\1-' ~ ......l.... ' , l I 1... '. . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~ SUBJECT: AGENDA ITEM # q .K. - MEETING OF JANUARY 21, 1992 APPOINTMENTS TO THE EDUCATION BOARD DATE: JANUARY 16, 1992 Due to the resignations of Carolyn Young and Donald C. Allgrove, vacancies have been created on the Education Board, with both unexpired terms ending on July 13, 1992. Pursuant to the City's Code, members of the Education Board shall be residents of the City of Delray Beach or shall be a person with a child or children attending Delray Beach public schools. Should a member of the Education Board not be a resident of the City and should that member's child or children cease attending Delray Beach public schools, then such member shall no longer be qualified to serve on the board. The following individuals have expressed an interest in being appointed to the Education Board and have submitted their resumes for consideration: Kathy Anderson A~D~~ John M. Jackson (recommendation by Churches United) KAndolph Jerome (Jerry) Marshall Rosalind Murray Joseph Valentino (currently serving on Kids and Cops) Horace Waldman In accordance with the established rotation system, the appointments will be made by Commissioner Andrews (Seat #3) and Commissioner Randolph (Seat # 4) . Pursuant to direction received at the Commission meeting of January 14, 1992, a check for code violations and property liens has been conducted. According to City records, none of the applicants has any outstanding violations. Recommend appointment of two members to the Education Board in order to fill unexpired terms ending on July 13, 1992. ., '. , CITy Of DELRAY BEACH 80ARD MEMBER ~PtICATION '- NA.'-IE KATI:lY ANDFRSf)N -- 509 ELDORADO. LANE, DELRAY BEACH 33444 ~OME ADDRESS ($craet, Cicy. Zip Code) (LEGAL RESIDENCE) N.A. PRINCIPAL BUSINESS ADDRESS (Street" City, Zip Code) HOME: PHONE 276-5498 BUSINESS E'HONE ON WHAT BOARDS ARE yOU INTERESTED IN SERVING EDUCATION LtST ALL clTY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) NONE EDUCATIONAL QUALIFICATIONS A.A. ELIZABETH SETON COLLEGE. YONKERS, N.Y. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH yOU HOLD NONE .- . .... GtVE YOUR PRESENT, OR MOST RECENT ~LOYER. AND POSITION HOUSEWIFE : DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ACTIVE: PTA SPADY ELEMENTRY VOLUNTEER 2 HRS. /WK. SPADY CLASSROOM NEIGHBORHOOD YOUTH ACTIVITIES COORDINATOR . , TWO CHILDRED WENT FROM PRIVATE TO PUBLIC SCHOOL - AWARE OF PLEAse ATTACH A BlUEr RESUME:. DIFFERENCES I HEREBY CERTIFY THAT AlL THE ABOVE STATEMENTS ME TRUE. AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APE'ttCA- IION MAY CAUSE FORFElTURE UPON MY PART OF ANY APPOtNTMtNT r MAY RECEIVE. 'fr(.~~~~ JAN. 14. 199/ SlGNATUkE DATE 4/?O .. " . .. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME John M. Jackson P. O. Box 2784 Delray Beach. Florida 33447 HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE) 64 Sparrow Avenue, Royal Palm Beach, Florida PRINCIPAL BUSINESS ADDRESS (Street.. City. Zip Code) HOME PHONE 407-272-9629 BUSINESS PHONE 407 -79 5-4943 ON WHAT BOARDS-ARE YOU INTERESTED IN SERVING Education Board LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS Bachelor of Arts Degree LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Teacher Certificate GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION Palm Beach County School Board----Teacher of Social Studies DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD N/A 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 FORFEIT UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. /- /s - ?oZ DATE 4/90 '. .. . , RESU~1E John ~1. Jackson P. O. Box 2784 Delray Beach, Florida 33447 Telephone: C ) 272-9629 EDUCATIONAL BACKGROUND 1947 -50 High School Diploma Tivoli High School DeFuniak Springs, Florida 1950-51 Barber Certificate Florida A. and M. Uni1ersity Tallahassee, Florida 1955 Certificate Administrative and Supply School McCord Air Force Base, Washington 1957 Certificate Noncommissioned Officers Leadership and Preparatory School McCord Air Force Base, Washington 1969 Certificate Noncommissioned Officers Academy McClellan Air Force Base, Cal ifornia 1976 Cert ifi cate Correctional Officers Standards Training School Union Correctional Institution Starks, Florida 1975-78 Associate of Arts Degree Central Florida Community College Ocala, Florida 1978-80 Bachelor of Arts Degree Criminal Justice and Public Administration University of Central Florida Orlando, Florida , o. ,'.' RESUME - John M. Jackson f-li19l: i.. " ~JORK EXPERIENCE 1984 to present-Teacher of social studies in the Palm Beach County School System 1983 Security Officer Certified Security Services Delray Beach, Florida Worked as the main gate officer and performed car patrol duties. Made routine security checks of all buildings and business establishments. 1975-82 Correctional Officer/Food Service Director Department of Corrections Marion Correctional Ins t itu te Lowe 11, F lor i d a Maintained the custody and security of all inmates . assigned under my protection and supervision. Responsible for Food Service Department. Interviewed and recommended applicants for employment. Supervised a staff of two CO-II's and five CO-l 's and had eighty- five inmates assigned duty to me. 1971 -75 Dietary Director Eden Park Nursing and Health Related Facility Utica, New York Responsible for the operation of the Dietary Department of the 125 bed facility. 1951-71 Served in the United States Air Force Began career as a basic Airman in the Food Service field, and wo~ked my way up to Food Service Superintendent. Throughout the twenty years, I was required to work extensively with people on all levels in order to effec- tively execute the job. CHURCH AND ORGANIZATIONAL AFFILIATIONS Saint Paul African Methodist Episcopal Church-Asst. Pastor Alpha Phi Jl.lphaJraternity, Member Delray Beach Lodge # 275, F & A M, Member Veterans of Foreign Wars Arabic Order Mystic Shrine, Temple # 17 ., . . RESUME - John M. ~ackson Page 3 CHURCH AND ORGANIZATIONAL AFFILIATIONS continued... Roots Cultural Festival, Inc.- Member of Security Committee, Educational Component (r.1ath Games Committee), Finance COrT:lllittee fvlILITARY SERVICE Served twenty (20) years in the United States Air Force with tours of duty in Texas, Korea, Washington State, Oregon, California, Canada, New York, Alaska, Vietnam and Florida. . '. '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER L~f!I SUBJECT: AGENDA ITEM # Cf'L - MEETING OF JANUARY 21, 1992 SERVICE AUTHORIZATION NO. 3/VETERAN'S PARK DATE: January 17, 1992 This is a service authorization in an amount not to exceed $14,352.42 plus reimbursab1es not to exceed $1.250 under the contract with Currie Schneider and Associates, P.A. , AIA for providing bidding assistance and construction administration services for the relocation of the existing shuffleboard courts on the south side of the existing recreation building. The courts shall be located west of the existing lawn bowling courts and extended into the existing parking lot. Recommend approval of Service Authorization No. 3 under the contract with Currie Schneider and Associates, P.A. , AIA in an amount not to exceed $14,352.42 plus reimbursables not to exceed $1,250 with funding from Decade of Excellence Bond Fund - Veteran's Park Redevelopment (Account No. 225-4126-572-61.63). ~ ,5-() - wdh tem 90 ~ ~-c10;6 - /JoT ESl717l 1}-lF/) " Agenda Item No.: AGENDA REQUEST Request to be plac~d on: Date: J an. 16, 1 992 X Regular Agenda ____Special Agenda ____Workshop Agenda - When: 1/21/92 Description of agenda item (who, what, where, how much) Currie Schneider Associates Service Authorization 3 for bidding arur-- construction administration services for shuffleboard courts at Veterans Parkt not to exceed fee of $ 14,352.42 plus $ 1,250 in reimbursables.City Account Code 225-4126-572~61.63. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Department Head Signature: tJ~ ~ ~A~.,..J \aJi- Determination of consi~tency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (ff tfPlicable) Account No. & Description D..~Q ~ r~L ~ \l.ef- {k: ~J Account Balance . City Manager Review: 'Y~/NO 1 Approved for agenda: fJ7v/i L ' Hold Until: L,. Agenda Coordinator Review: Received: Action: Approved/Disapproved '. . CURRIE SCHNEIDER ASSOCIATES AlA, PA CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: January 10, 1992 SERVICE AUTHORIZATION NO. 3 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE ;;20lS--L:jI;2&-~72-G:j,03 PROJECT NO. 91-49 (CITY) 90573.03 CURRIE SCHNEIDER ASSOCIATES AlA, PA TITLE: Veteran's Park / Relocation of Shuffleboard Courts This Service Authorization, when executed, shall be incorporated in and shall become an integral,part of the Contract, dated March 1, 1991 , between the City of Delray Beach and Currie Schneider Associates AlA, PA . I. PROJECT DESCRIPTION Preparation of drawings and specifications (contract docu- ments) for master planning and proposed improvements to the Veteran's Park located off of Atlantic Avenue and the intracoastal waterway in Delray Beach, Florida II. SCOPE OF SERVICES Provide bidding assistance for the relocation of the existing shuffleboard courts on the south side of the existing recreation building. The courts shall be located west of the existing lawn bowling courts and extend into the existing parking lot. The bidding assistance shall incorporate these following services: Project Administration services consisting of bidding and/or negotiation administrative functions Agency Consulting/Review Approval services relating to the Owner's interests before construction begins Owner-supplied Data Coordination services consisting of activities relating to the bidding of the project Bidding Materials services consisting of organizing and handling the Bidding Documents '. . Addenda services consisting of preparation and distribution of addenda as may be required during the bidding process including supplementary drawings, specifications, instructions and notice(s) of changes in the bidding schedule and procedure Bidding/Negotiations services consisting of: Participation in pre-bid conferences Responses to questions from bidders and clarifications or interpretations of the bidding documents Attendance &t bid opening Documentation and distribution of bidding results Analysis of Alternates/Substitutions Bid Evaluation services consisting of: validation of bids participation in review of bids evaluation of bids recommendation on award of contract participation in negotiations prior to or following decisions on award of the contract for construction Construction Contract Agreements services consisting of: notification of contract award assistance in preparation of construction contract agreement forms preparation and distribution of sets of contract documents for execution by parties to the contract receipt, distribution and processing, for Owner's approval, of required certificates of insurance, bonds and similar documents Provide basic construction administration services for the shuffleboard courts as outlined under Phase V of the basic agreement. This Service Authorization shall include those services by the Electrical Engineer and the Landscape Architect during the bidding and construction of the project. ~ . III. BUDGET Compensation to complete these basic services shall be established as follows: A: For Bidding Services as outlined above; a fixed fee of Five Thousand Ninety One Dollars and 30/100 ($5,091.30) . B: Compensation for the basic services of the Construction Administration phase of the work shall be a fixed fee of Nine Thousand Two Hundred Sixty One Dollars and 12/100 ($9,261.12) . C: Reimbursable expenses shall not exceed One Thousand Two Hundred Fifty Dollars ($1,250.00) , as per paragraph VII A 2a, 2b (1-6) for this service authorization. IV. COMPLETION DATE ck.a.d:L Time for the basic services of bidding shall be o~~imited to be completed with ninety (90) days from date of receipt of written notice to proceed. Time for the basic services for the construction administration phase of the work shall be established as forty five (45 ) days for substantial completion and fifteen (15 ) additional days for final completion from receipt of written notice to proceed. " . This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CURRIE SCHNEIDER ASSOCIATES AlA, PA DATE: :::E~12 Thomas E. Lynch Larry M. Schneider, AlA Mayor (Print or Type) Title: Principal (Corporate Seal) ~~1. Witn~ / Witn ss Attest: ~EFORE ME, the.for~oi~ lnstrument, thls A Approved as to Legal day of -:JaM'<< a W~ Sufficiency and Form was acknowledged b , on behalf of the Corpor tion and said person executed the same free and voluntarily I for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this I(~ it day of ~-.fM C(ct rcr ' 1992. ~~~~a~Y ~u~i~~ida.-?~ L- //~.. L ~a!-0 r ~( My ommisslon Ex l es: :' ", IIofGIrPulllli lrifIefFJorJld ~ ~~ [xpires June 5, 1992 aonded lhru TriOY Fe;", .. Insurance Inc. '1 EXHIBIT B Hourly Hourly Raw Salary Salary Rate Rates Time 3.00 Multiplier Employer Category Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists Robert G. Currie 28.50 85.50 Larry M. Schneider 28.50 85.50 Jess Sowards 16.00 48.00 Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographies, Construction Inspectors Jose Aguila 18.00 54.00 Rusty Kupi 13.46 40.38 J ames Currie 5.50 16.50 Fernando Paredes 15.00 45.00 Office Support Carol Waterbeck 15.63 46.89 Sheri Nichols 10.00 30.00 Reimbursables Mileage $00.25 per mile Printing (24x36 sheets) $1.00 per sheet Faxing $1.50 per sheet Copies $00.15 per sheet Mailings/Fed- x/Deli veries per cost/invoice Long Distance Communications per cost of call '. . I~ii' U(l!iTi/TI'RAi. sr:HVIr;FS FOi( C1'- 1F DELRAY BEACH, FLORIDA r:~?^N' S i'AKKj,)i1iirFI,Eil!IWI Cl1iiilTS !,::r:Hln:r.rS PIlO,iECT ~IIJMI\f.R ,)0;,71,0] ,:/dillARY /l, 10'12 ,: I ~1f: ri II 1 p I (, r P"lS i ( A r ( hit (' r j 'I r ~ 1 5 (If vie C 5 j Bid din ~ CD DD HD TOTAL HO[JRLY OVF.RHBAD P ROJ HeT ~IONTii I ) J 4 5 (, HOURS RATES ~[JLTIPLIER COSTS . -----------------------------------___________________________w________________~________ -~-------------------------------------------------------.-------------.------------.--. ;'HASt: ACTi vrTY 01 PRO,I Err A 0/[ I'i!) TR AT! 11 II Prin(i~.ll f, 0 2 2 /) n /, m,50 3,00 5342.00 PII 0 0 ~ 8 0 0 16 $ In, 00 3,00 $664,00 Tnrn J (I /) 0 0 /) 0 0 $ 15 , 00 3.00 $0.00 fp chi i 0 /) 0 /) /) /) 0 S 13.'16 3,00 $0,00 TI'ch I i I 0 G I I I 0 J $12.82 ),00 SIIS,J8 23 $1,321.38 , n 2 (liSP /)nCIIMFmj cnn~OIHATE COllSlli,TAm Prircip.l! II 0 0 Il 0 0 0 $28,50 3,00 $0,00 PM 0 0 0 0 0 0 0 SIB,OO 3,00 $0,00 Tee I, I (i 0 0 0 0 0 0 $15,00 3,00 $0.00 r ~ chi I 0 0 0 0 0 0 0 SlU6 3,00 SO.OO Te chi II 0 0 0 0 0 0 0 $[2.82 3,00 SO,OO 0 $0,00 ,0.1 Ar,ENCY rnNSIJLTiliGj RE\llF\~/^pPRf)VAI. Principr1j 0 11 0 0 0 0 0 nuo 3.00 $0,00 PM 0 0 0 11 11 0 0 $1 ij, 00 3.00 SO,OO Tpcn I 0 11 0 0 0 0 0 $15,00 3,00 $0,00 fp r n 1 i 0 0 0 0 0 0 0 $IJ.lJ6 3,00 SO,OO IP r hill r. 0 0 0 0 0 0 512.82 3,00 SO,OO 0 ~O,OO . ~l'~ nW'JEj) S!JPPl.lED DATA COORDI NATION Prindo,,1 f: 11 0 11 0 0 0 no.50 3,00 SO,OO ,j pfl (I 0 2 11 0 0 2 $1 n. 00 3.00 noa.oo " Tpen 1 0 0 0 0 0 0 0 $I.UO 3.00 SO,OO T pc h ! I 0 0 11 0 0 0 0 $I J.il6 3,00 $0,00 T,' chi r I 0 0 0 0 II 0 0 S12,82 3.00 $0,00 2 n08,00 , ~I I rONSTF!lrTlON iI!1('IW!':nS P r i r, (: i Ii,l \ (i 0 \I 11 n 11 0 51 B.5 0 3,00 SO.OO pI' 0 0 (; 0 0 0 0 $ 18,00 3,00 SO,OO ., T'llh ! (I /) 0 0 0 0 0 $15,00 3,00 SO,OO Tntl Ii n 0 (I 0 0 0 0 S 13 ,/16 :1.00 $0,00 TIIl:n ill (I 0 0 0 0 0 0 $ 12 . 82 3,00 SO,OO 0 $0,00 r. lr. S P;': I" [ FIe ^ Tln~; S . , P r in (: j lh) ! C 11 0 0 n 0 11 $2 R.5 0 ),00 $0,00 ~M (I 0 0 0 0 11 0 $ \ ij, 00 3,00 $0,00 r" c h : (I 11 0 0 0 0 0 W,OO 3,00 SO,OO Tr (' h ;! (I 0 0 0 0 0 0 $[ 3, I, 6 3,00 $ 0.00 T,~ r h r i [ (I 0 0 0 11 0 0 $12.82 3.00 $0,00 0 $0.00 ;\'1 {r' I DATH [5-Jan-92 " .", '0 . -",' i' ^IiIHl!Er~;if,^i, ::F;iVI!:;:,~ fOUR 1:1'" OF liELRAY BEACH, FLORIDA -- \, -'H'i '.1 PAl:;iSliiliFI.I':[)OAIlO 1;IlUilTS !":j i nr:~ n:n,] i,n Ii iill I' i'; R ~[)" 7 :1.(13 i [,I,!(~,VY f~ f I Q(12 ,; , :' (, r! If I (' f 0 r 11." j r ^ r (. Ii i I P (' 1.11 r ~ i 5 n vie C 5 f B i rl din ~ ~O no no TOTAL HOURLY OVERHEAD PRO,JHCT ~1I';r!i I / 3 " ) 6 HOURS RATES MULTIPLIER COSTS ---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- 'I. ,-\ ~ ADDE/I~~ ;'rj nc i ;1r] j 0 \/ 2 0 0 0 2 W,,\O 3.00 5[11.00 PM 0 n n 0 0 0 n W,OO 3,00 S432.00 1'''('1] I n 0 0 0 0 0 0 $15,00 3,00 50.00 l>ch \] II II n 0 II 0 0 S lJ. {In 3.00 $0.00 T"cn II I 0 0 1 0 0 0 2 112.82 3,00 576, n . [2 5679,92 r -. MULYSIS (iF , ',I A i.TE',n: m VES / 3\IBST1TI1Tl0NS Pr in, i ~,1 i [) n , 0 [I 0 2 nuo },OO 5171 ,00 Pi1 n II g 0 0 0 R n G. 00 UO $432.00 Tt"J(',h ( q n Ii [I n 0 0 W,QO 3.00 $0.00 7 pc h [i 0 0 0 0 0 I] 0 W.46 3.00 H,OO ~!'eh : i I 0 0 0 I) 0 0 0 $i2.B2 3.00 $0.00 10 5603.00 ',le; nlD mLilATlnf; P r j n r i ;',,1 \ 0 0 0 2 0 0 2 $28,50 UO $\71.00 pr. 0 0 0 6 (: [I I) $[11.00 3.00 $324.00 Torn ] 0 0 0 0 0 0 0 s n. 00 UO $0.00 .., l' 0 0 n 0 0 0 I) W,46 J,OO $0.00 I pen ,I j'p c h ;:; I] 0 [) 0 0 0 I) S 12 . 82 3,00 $0,00 P, $495,00 J: ~: l'n~::iTr!lr:T r ON l:n~l'r^rl' ^GP1~1~~j~~TS Prlnr:IHf I] n 0 B 0 0 e W,50 3.00 568'1.0 0 'I JlI" 0 0 0 0 0 0 0 nu,oo J.OO $ 0,00 ~'r, (h ' I) r; 0 0 0 G 0 SlUG 3.00 $0.00 T (1!~ h r; 0 0 0 [1 0 0 0 $1U6 3,00 SO, 00 T~ en i I I 0 0 n 0 0 0 0 $ 12,82 . 3.00 $ 0.00 3 $6OIl.00 ~---------------------------------------------------~----------------~------------------ ----------------------------------------------------------------------------.------------ 63 SJ,89!.30 BASIC ARCHITECTURAL SERVICES 53,891.30 ~EP mINr:ER $250.00 "ASIC CIVIL ENGINEERING SERVICES mnl1iG 50,00 BASIC L^~DSC^PE ARCHITECTURAL SERVICES n r DD r~l; 5950.00 TOTAL CONSULTANT FEES S5 109 UO .- ,/(, 2 DATE 15-Jan-92 '. .": " ,',"\;';:<-:>,1i] "1 ::,P, Cri'l' ill: }i''''IbEAr:H, FLORIDA '~':;'D CrJiiR'i,; .., .~ p ;: n, i E f; -:- ~il::~ ~~ F ~\ li'-i ~ 7 J I 0 J " ',; ,\, ~ " \, .~) <) '2 ;', ~:('n,'rlilij(ln A':~il:isl.r,Jii(11I Services TOTAL HOURLY OVERHEAD PROJECT M~~iJlTH \ 'i 1 4 J 6 7 Il 9 10 \ I 12 IIOURS RAn. Klll.TlPLIER COSTS , ---------------------------------.-.----.-----------------------------------------..------.----.------------.------------------ ..._--------------------------------------------.------------------.---------------------------------------------------------. ", ~ . ,',niVITY ;'~' 0.1 El.T .\ 'I'! i!i 1 ~T!IAT 1 f)~ :., r i 11 C 1 pr11 \ 1 0 0 0 0 0 0 0 0 0 0 2 $28, ~IO 3.00 $ 171 .00 ....t I, " 0 0 0 Q 0 0 0 0 0 0 n $ 1>>,00 ),00 $412,00 .. ., h I] '1 n 0 0 0 0 0 0 0 0 0 0 $ 15,00 ).00 ~O.OO ~, ., ,~~ \! [I n (I 0 0 (I 0 0 0 0 0 0 0 $ I ) .46 3.00 10,00 "1 I II J 1 0 0 0 0 0 0 0 0 0 0 2 $IU2 J.OO m.92 SUB-TOTAl, 12 $679.92 -~E~V D0r~~E\r~f ':I1~['i1 IIItTE r'lliS!:iJAnS :,' ~ i r: c ) pr1 \ 0 ri q 0 0 0 0 0 0 0 0 0 0 $2UG 3.00 $0,00 '.. L 2 0 0 0 0 0 0 0 0 0 0 4 $1 n . 00 3.00 $216,00 .'.. r h j 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 15,00 3.00 lO,OO I,' ~ hI] (J 0 [I 0 0 0 0 0 0 0 0 0 0 S t ) .1,6 UO ~ (1,00 >r1 j I r 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 12. B 2 3.00 ~O.OO SUB-TOTAL 4 nUI,oo 1\~E~!~'r' '~nl(~i!1,T1Nr;1 ,,;, ViE W / A P P R n \' 1\ i, " r in,. i llA I 0 ~ II 0 0 0 0 0 I) I) 0 0 0 $20.50 ),00 $0.00 ",11 0 0 0 0 [I 0 n 0 0 0 0 0 0 $IR.OO 3.00 $43UO i ~I r ~ ! n [I 0 0 [I 0 0 0 0 0 0 0 0 $ 15 , 00 ),00 ~O.OO ~.!' r ~ I I 0 [I n 0 n 0 Ii 0 0 0 0 0 0 n),/16 ).00 $0.00 ." n r J I G [I I] 0 0 0 (I 0 0 0 0 0 0 $12.82 3.00 SO.OO SUB-TOTAL 8 $4)2,00 ')'~;;) :;IiPi'LIFD DAiA '1i'1[ ~i ^ ~'I n'i ,- : ~, ( i r'11 I) 0 0 n 0 0 n 0 0 0 0 0 0 $26.50 ).00 SO.OO -,U I, 2 t1 0 0 0 0 0 0 0 0 0 6 $IR.OO J.OO $m.oo P ('\ I n 0 n 0 0 0 0 0 0 0 0 0 0 S15,00 ),00 $0.00 r hI: n [j 0 0 0 0 0 0 0 0' 0 0 0 W,116 ).00 10,00 ." r il I r] 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 12 , 82 3,00 SO,OO SIlB-TOTAL 6 $m.oo 'I'III'E l'n~STRllnl01i ,\ ',~i ; N IS n AT 1Ii:l :-, ~ i n r; 1 ~il [ I) 0 n 0 0 0 G 0 0 0 0 0 0 \2fi.50 ),00 lO.OO ;.' ~~ 12 12 0 0 0 0 0 G 0 0 0 0 24 $18.00 ),00 $1.2%.00 I' r, r:1 1 f, n 0 0 0 0 0 0 0 0 0 0 0 $15.00 ),00 ~O,OO .' (' (, 11 1: n n 0 0 0 0 0 0 n 0 0 0 0 $ ! ) ./j Ii 3.00 $ n. 00 ""'r:] I r r 1 , 0 0 0 0 0 0 0 0 0 0 4 n 2.02 3.00 ~J5:I,04 . SUB-TOTAL 20 Sl,4lI!J,B4 II~;;:: T;~ 11rT I f:~l ;; I!,: l,n IH'FHHTlI1I; '," r i ~ r' i p r1 ~ Ci 0 n 0 0 0 0 n 0 0 0 0 0 ~2G.50 ),00 $n.oo ." p, e 0 0 0 0 0 0 0 0 0 0 16 S 18.00 3.00 S86'1.00 """\', I '.1 0 '1 n 0 0 0 0 0 0 0 0 0 $15,00 3,00 \0.00 "r:' ] I n 0 n 0 0 0 0 0 0 0 0 0 0 o J.Ii 6 ),00 ~ ll.O 0 rh III n 0 0 0 n 0 n 0 0 0 0 0 0 $12.82 J.OO ~n,oo SUB-TOTAL 16 $86/1.00 ., DATE 15-Jiln-92 .. . :'~ : 'i ,\~'q:Ji"T~l!\~jCi:1 :~Ii: ';TY Ii!' DF' - 'Y nEWI, FLORIDA .~.~ . ~ ';'i'I,\,:;n (liUn~ ; T' ri' ,) ;' R I) ,i E CT Ii iJi~ R ': R '! I'~ 7 1, 0 J . I ,. :' ,~ '~'1' K, 1 q') i ':1: ( f'1f C~)n~:f1jc'~.ipn A,.j~inlstrf)l.i(ln Services TOT AI. DIRECT OVERHEAD PRI)JF,eT I~n'ir!l I 2 ) I, \ 6 7 n 9 10 Ii 11 HOURS PAY RATE COSTS I -----------------------------------------------------------------------.------------------------------------------------------- -------------------------------.---------------------------------------------------------------------------------------------- :: II \']1 I.E~ I:, NT :\ L i111'~ln~E~~7s Princinai 0 0 0 0 0 0 0 0 0 0 0 0 0 $21J.50 J,OO So.oo "HI 2 2 0 0 n 0 0 0 0 0 0 0 4 no.oo J,OO n16.00 ' 1'1 T" r h ! (} n 0 0 0 0 0 () 0 0 0 0 0 115.00 J,OO $0,00 ." r h Ii G r, 0 0 0 0 0 0 0 0 0 0 0 113.116 3.00 $0.00 >r hill r. I, 0 0 0 0 0 0 0 0 0 0 R $12.82 3.00 SJ07.63 ~Ua.TOTAL 12 $52J,68 ;r:pSTlnTII)/iS MiD "i!AIIGE nROi:DS i'r i n r j pal 0 n 0 0 <1 Q a 0 0 0 0 0 0 $28.50 3.00 SO.OO iT " 2 0 0 0 0 0 0 0 0 0 0 6 SIR.OO J.OO SW.OO e" C ~ I n 0 r: 0 0 0 0 0 0 0 0 0 0 ~ J ~I, 00 3.00 SO,OO -I' r n II n 0 0 0 n 0 0 0 0 0 0 0 0 $1 J .',6 3.00 $0,00 i (~ r: n I j 1 I 1 0 0 0 0 0 0 0 0 0 0 2 $12,82 3.00 S7&,Q2 SUB-TOTAL 3 $400,92 i'~nJ~CT CLOSEOUT i'r j n r i r,l i 0 '1 0 0 0 0 0 0 0 0 0 0 I, S2 6.5 0 3,00 SJil2.00 ;:; ~.: 0 12 0 0 0 0 0 0 0 0 0 0 12 na.oo 3.00 H/,a.oo .,. "C 1 1 q 0 0 0 0 0 0 0 0 0 0 0 0 ns,oo 3,00 SO.OO .,. ~ ,; h II n 0 0 0 0 0 0 0 0 0 0 0 0 $13,116 3,00 $0,00 ~(' (' n I J ! 0 6 0 0 0 0 0 0 0 0 0 0 6 S 12. B 2 3,00 mO.76 SUB-TOTAL 22 $ 1, 220. 76 ~:==~:==:=:=====::=:====:=~=============::===:======:==:=:=======:====================:=:======================:=:=:======== TOTAL 116 S6,11I.12 CONSULTANT FEES ---------.------------------ MRP ENGINEER $750.00 LANDSCAPE ARCHITECT $2,400.00 Hourly not to exceed ...----------- TOTAL PROFESSIONAL FEES $9,26I.l2 DIRECT PROJECT EXPENSES TELEPHONE S50.00 PRINTING $100,00 FAXING m.oo POSTAGP, $25,00 MISC EU $50,00 ---------------------- TOT AL $475,00 i ~ " I: DATE 15-Jan-92 " . , ',' ,\i)l~HIF'"~II~E :-":f'VlI:!';S r'JR rr' 0F DELHAY DEACIi, FLORIDA . 7 F ;U, ~1 'S i:l A 9 ~r \>''l.iiFC7S :)~i),lifr ~lIi~:\ER !J{):,71.0) 'ii~:',r!~i1Y HI ~902 ; i' "rill i I' f (I" ~ ,) , i cAr (; h i i. (' C III r ,} i S r rv i c r s / 1I j d din ~ ---------------------------------------------------------------------------------------- DIRECT PROJECT EXPENSES TEI.EPHONE $75.00 PRINTING 1550.00 FAXING ~50.00 POSTAGE $50.00 , MISC EXPENSES ~50.00 -...---...-...--..... TOTkL ms.oo ;' ,) ril ~\ DATE 15-Jan-92 '. ,:, " . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 87V1 SUBJECT: AGENDA ITEM *" q.f1 - MEETING OF JANUARY 21. 1992 SERVICE AUTHORIZATION NO. 4/VETERAN'S PARK DATE: January 17, 1992 This is a service authorization in an amount not to exceed $65,229.96 plus reimbursables not to exceed $2,685 under the contract with Currie Schneider and Associates, P .A., AlA for the preparation of drawings and specifications for the proposed improvements to Veteran's Park, as well as bidding and construction related services. The scope of service for this service authorization includes preparation of the design document; preparation of construction documents for the lawn bowling courts, Gazebo, sun shelters, children's play area, walkway systems, lighting plans, fencing, landscaping and drainage plan; bidding assistance and administration of the construction contract agreements. Recommend approval of Service Authorization No. 4 under the contract with Currie Schneider and Associates, P.A. AlA in an amount not to exceed $65,229.96 plus reimbursables not to exceed $2,685 with funding from Decade of Excellence Bond Fund - Veteran's Park Redevelopment (Account No. 225-4126-572-61.63). ~ $-0 .. " , Agenda Item No.: AGENDA REOUEST Request to be plac~d on: Date: January 16,1992 X Regular Agenda ____Special Agenda ____Workshop Agenda When: 1/21/92 Description of agenda item (who, what, where, how much) Currie Schneider Associates Service Authorization 4 for constructlon documents. bidding and construction administration services for Veteran's Park, not to exceed fee of $ 65,229.96 plus $ 2,685 in reimbursables. City Account Code 225-4126-572-61.63. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: . .. 1tJ.~~~ J 1!l3i Department Head Sl.gnature: .~- .~ .. ..."''''-oM .IT Determination of Consi~tency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: .~ :tAl) Approved for agenda: ciE.S/NO Hold Until: c Agenda Coordinator Review: , Received: Action: Approved/Disapproved .. ,. . , ~. . CURRIE SCHNEIDER ASSOCIATES AlA PA CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: January 10, 1992 SERVICE AUTHORIZATION NO. ~ FOR CONSULTING SERVICES CITY P.O. NO. ,CITY EXPENSE CODE ;I.;J <S-Lj/::l(.,-S,-72 -&"03 PROJECT NO. 91-49 (CITY) 90573.04 Currie Schneider Associates AlA PA TITLE: Architectural Services for Veteran's Park This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated March 1, 1991, between the City of Delray Beach and Currie Schneider Associates AlA PA. I. PROJECT DESCRIPTION Preparation of drawings and specifications (contract documents) for master planning and proposed improvements to the Veteran's Park located off of Atlantic Avenue and the Intracostal Waterway in Delray Beach, Florida. II. SCOPE OF SERVICES Provide basic architectural services as follows: Phase II - Design Development Phase Phase III - Construction Document Phase Preparation of drawings and specifications (contract documents) based upon the master plan dated 6-25-91 and updated 12-20-91 for the improvements to the Veteran's Park located off of Atlantic Avenue and the Intracostal Waterway in Delray Beach, Florida. The drawings shall provide construction documentation for the lawn bowling courts, the Gazebo of approximately 32 feet in diameter, sun shelters along the waterway (approximately six), providing a children's play area, assisting in the selection of the children's play equipment, the proposed brick walkways with a major entry off of Atlantic Avenue, a semi-circle brick paved walkway system, lighting plans for the park, new fencing for the park, landscaping and drainage plans for the park. We shall assist in providing assistance for the exterior design of the new lift station by attending meetings to review and discuss the issues. ,. I." " Phase IV - Bidding/Negotiation Phase The bidding assistance shall incorporate these following services: Project Administration services consisting of bidding and/or negotiation administrative functions Agency Consulting/Review Approval services relating to the Owner's interests before construction begins Owner-supplied Data Coordination services consisting of activities relating to the bidding of the project Bidding Materials services consisting of organizing and handling the Bidding Documents Addenda services consisting of preparation and distribution of addenda as may be required during the bidding process including supplementary drawings, specifications, instructions and notice(s) of changes in the bidding schedule and procedure Bidding/Negotiations services consisting of: Participation in pre-bid conferences Responses to questions from bidders and clarifications or interpretations of the biqding documents Attendance at bid opening Documentation and distribution of bidding results Analysis of Alternates/Substitutions Bid Evaluation services consisting of: validation of bids participation in review of bids evaluation of bids recommendation on award of contract participation in negotiations prior to or following decisions on award of the contract for construction Construction Contract Agreements services consisting of: notification of contract award assistance in preparation of construction contract agreement forms .. ,-" ,. preparation and distribution of sets of contract documents for execution by parties to the contract receipt, distribution and processing, for Owner's approval, of required certificates of insurance, bonds and similar documents Provide a project schedule in the format of a Calendar based upon the software program Calendar Plus Provide basic civil, structural, electrical, mechanical, plumbing engineering and landscape architectural services for the phases as noted above. Provide basic construction administration services for Veteran's Park as outlined under Phase V of the basic agreement. ADDITIONAL SERVICES IF REQUESTED Prepare construction documents for the refurbishing of the exterior only of the existing recreation building. A existing facilities study of the building shall be done to prepare record drawings of ,the exterior of the existing building. Based upon these drawings a "new" design for the exterior of the existing recreation building shall be prepared and approved by the City to be compatable with the "design" of the park. Construction documents shall be prepared based upon the approved design and bid as an alternate bid item when the bidding occurs for the Veteran's Park improvements. III. BUDGET Compensation for the basic services for Phase II, Phase III and Phase IV, Preliminary Design, Construction Documents and Bidding respectfully, shall be a fixed fee of Fourty Five Thousand Eighty Two Dollars and 00/100 ($45,082.00). This fee does not include any time or work to be preformed for any issues that may require working with the Corps of Engineers. Compensation for the basic services for Phase V, construction administration, shall be a fixed fee of Twenty Thousand One Hundred Forty Seven Dollars and 96/100 ($20,147.96) for the construction administration phase of the work. Reimbursable expenses shall not exceed Two Thousand Six Hundred Eighty Five Dollars ($2,685.00), as per paragraph VII A 2a, 2b (1-6) for this service authorization. '. IV. COMPLETION DATE Time for the basic services shall be within one hundred twenty (120) days for Phase II and III, Preliminary Design and Construction Documents respectfully, of the work from receipt of written Notice to Proceed. Time for the basic services under Phase IV shall be within Ninety (90) days for the Bidding phase of the work from receipt of written Notice to Proceed. Time for the basic services for Phase V, Construction Administration, shall be established as one hundred eighty (180) days from receipt of written Notice to Proceed to date of final completion. o. '..I ,. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Currie Schneider Associates AlA PA DATE: J 12 DATE: BY: Thomas E. Lynch Larry M. Schneider AlA Mayor (Print or Type) Title: Principal (Corporate Seal) ~~~ Witn~ W~tn Attest: BEFORE ME, the fOregO;r;y instrument, this /~ - I Approved as to Legal day of~/YU./a r~~ , , 1992, Sufficiency and Form was acknowledged y , on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this 1/# +t: day of - ~ rt"/YU{ C( rCj , 1992. Notary Public , Sta~F~da ~(~~ . d-''?:Zcc<-. ".. .l. --' My Commission EXPi~ : n "" 1Io~ ,....,fIwhlll It c Expires June 5, 1991 Ioftde, Thrv Troy Foirt . anw,.,nC4 1r\C. ,. ,-.;, '. . . EXHIBIT B Hourly Hourly Raw Salary Salary Rate Rates Time 3.00 Multiplier Employer Category Professionals - Engineers, Architects, Planners, Economists, Scientists. Hydrologists, Hydrogeologists, Geologists Robert G. Currie 28.50 85.50 Larry M. Schneider 28.50 85.50 Jess Sowards 16.00 48.00 Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographies, Construction Inspectors Jose Aguila 18.00 54.00 Rusty Kupi 13.46 40.38 J ames Currie 5.50 16.50 Fernando Paredes 15.00 45.00 Office Support Carol Waterbeck 15.63 46.89 Sheri Nichols 10.00 30.00 Reimbursables Mileage $00.25 per mile Printing (24x36 sheets) $1.00 per sheet Faxing $1.50 per sheet Copies $00.15 per sheet Mailings/Fed- x/Deliveries per cost/invoice Long Distance Communications per cost of call ,. ., .',;' ^~'-Hlr:.:-:";?AL Si:R\ f';i,; FO? CJ~" OF DHHAY 3EACH. FtORIDA ,- \. .' - -.:, :-,' l, ~i 1;1 P ^ ~ ~~ /:1\ I Fen ,)~n.IEC7 !iilj1BER Q0573, 0" , " 'i ,i ^ R Y R, P ~ ~ ~,oi:llo f(lr ~'Io i i' ,Irchi i,pct.llra I Services/Construction Documents-Bidding ,::i CD AD AD TOTAl, IlOUR!.Y OVERHEAD PROJECT :10!1 P 1 2 J I. 5 6 HOURS RATES MULTIPLIER COSTS :====::==:=::=====::======~==:==:=============~:===================:================:=== ~\ il.!~ ~ ~ 1iCl'j'{ IT'{ 1")1 pgo,nn ~.DMl ~J I ~!PAT I O~ l'r j n c i i],l i I 1 2 2 0 0 fl no.50 3.00 $684,00 , /, P ~~ r. H 0 8 0 0 32 S 18,00 3,00 S1.728,00 :) Tpch ] n n 0 0 0 0 0 SJ5.00 .1.00 $0,00 ~pch II 0 0 0 0 0 0 I) !JJ,46 3.00 SO.OO Toch I I I I, II 4 I. 0 0 16 S12,B2 3,00 $615,36 56 S3,027.36 . r, 2 ~lit,CV Dn~lj~FFi( l:nl1Hn i N.l.T:'; cnNS(JJ.rANTS Principal 0 B 0 0 0 0 8 $2B.50 3,00 $684,00 PM R 32 0 0 0 0 40 S18,00 3.00 $2,160,00 [Pen [ 0 0 0 0 0 0 0 S15.00 .1.00 $0,00 Tee h I I 0 0 0 0 0 0 0 S I J. 4 6 3.00 $0.00 Tr c Ii [r r [} 0 0 0 0 0 0 S12,82 .1.00 SO.OO 48 S2,84.4.00 0' AI; UI ry I:O~: ~IJ J,rn::./ RF.VI:-,W!~~pqnV^L Princi~'11 0 0 0 0 0 0 0 S2 8.5 0 3.00 SO.OO P~l 0 6 0 0 0 0 6 n8.00 3,00 S32'..OO Tech 1 0 0 0 0 0 0 0 $ 15 . 00 3,00 SO.OO le chi I 0 0 0 0 0 0 0 S [3.46 3.00 SO,OO Tech : 11 0 0 0 0 0 0 0 S12.82 3.00 SO.OO 6 $324,00 (,I, o'niER S!IPPLIEJ DATA !:onnn:~ATlnN rrin(';p~1 0 n 0 0 0 0 0 \ 26.50 3,00 SO.OO p~ 2 2 2 0 0 0 6 $IR.OO 3.00 $324.00 Ie ell ! 0 0 0 0 0 0 0 W.OO .1.00 $0.00 Tech 11 0 0 0 0 0 0 0 S 13 .If 6 3.00 $0.00 Tf'ch [II 0 0 0 0 0 0 0 \12.02 3.00 $0.00 6 $324.00 r: 11 CONSTR DnC~"E~TS .1,1 VETE:U,'!'S ?AP.K P r i n c j ;lr1 j R R 0 0 0 0 16 S26.50 3.00 ~1,368.00 P" H 2', 0 0 0 0 48 $18.00 3.00 S2,592.00 '" T,: c:, I 160 If 0 n 0 0 0 200 $ 15.00 3.00 S9,OOO,00 !pch I! 0 0 0 0 0 0 0 S I 3,'.6 3.00 $0.00 Tr." hI: : 0 0 0 0 0 0 0 \12.B2 3,00 SO.OO 2611 $12,960.00 : '~(~ ~ DATE 15-Jan-92 .. ,. . !. ~ : " ,\; r; H : 'I~':' T I) ?!d S I: PVl n: S F n R r.' OF DEI,RAY BEACH, FLORIDA ~. . i:~f"A~'~ PAP' '. ~~r~ITFrTS PRnJ5CT ~UM"EP 90573.06 . ~ I; 1; A P Y 8 I 1 99 2 ~'1e,'jIJ [~ fr.r :',], i' ~r~hi f,cctllrA I Ser',iccs/Coool.ruction Documents-Bidding :n en 50 DO TOT AI. HOURLY OVERHEAD PROJECT ~!G 'li:l I , 3 4 5 6 flOURS RATES MULTIPLIER COSTS . ---------------------------------------------------------------------------------------- -----------~---------------------------------------------------------------------------- :':II,~;;. ACTIvm r "H1 SPECIFICATiONS , ;'1' rrincip,]1 0 16 0 0 0 0' 16 n8.50 3.00 H,m.oo P11 0 Ilfl 0 0 0 0 48 $ 18.00 3.00 0,592.00 'If' c n I 0 0 0 0 0 0 0 W,OO 3,00 SO.OO Tp c h 1 r 0 0 0 0 0 0 0 S JJ, 1,6 ),00 $0,00 THh III 0 ,12 0 0 0 0 32 $ 12 , 82 3.00 $1,230.72 96 $5,190,72 ,15 AOOENDI, Prlncip,]! 0 0 2 0 0 0 2 DUO 3.00 $ 171.00 PM [} 0 R [} 0 0 n $ 1 B, 00 3.00 $432,00 Tech I 0 0 0 0 0 0 0 n5,00 3,00 $0,00 Tech 1 I [} 0 0 0 n 0 0 $ 1),46 3.00 $0.00 THh III 0 0 2 0 0 0 2 $12.82 3,00 $76.92 12 $679,92 , ,i 7 ANALYSIS OF !,i,TFmTlV~s/ .iJlDmTIITrOHS Drincir,]1 0 0 2 0 0 0 2 DB,50 3.00 $171.00 pr'! n 0 p, 0 0 0 8 $[ n, 00 3.00 ~432, 00 loch r 0 0 0 0 0 0 0 ns,oo 3.00 SO.OO Tp,-~ ! I 0 0 0 0 0 0 0 S [3,46 3,00 $0,00 re, (h I]! Q 0 0 n 0 0 0 S12,82 3.00 $0,00 10 $603,00 I . ~ ~ ~ I D E'I ,WIATI ON Prin(i~,]! 0 0 0 2 0 0 2 $28,50 3.00 S17!.00 PM 0 0 0 6 0 0 6 S 18.00 3,00 $32'..00 Tech: 0 0 0 0 0 0 0 $15.00 3.00 ~O.OO T~ c h ! r 0 0 0 0 0 0 0 113,1,6 3.00 $0.00 Tr,- h ; r] 0 0 0 0 0 0 0 ~ 12.82 3,00 $0.00 B $495.00 I" :1(', COliSTi\IICTII1N ~nNTF^~T AGREEMENTS Princiral 0 0 0 fl 0 0 8 S28,50 3,00 $684,00 PM 0 0 0 0 0 0 0 Sl8.00 3,00 $0,00 Trch 1 0 0 n 0 0 0 0 W.OO 3,00 SO,OO Tp c h ] [ 0 0 0 0 0 0 0 $ 13, 1,6 3.00 $0,00 rom r r r 0 0 r. 0 0 0 0 $12,82 3,00 SO.OO 8 1684.00 ---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- 5 ! 4 $27,132.00 r ~l ,Co) 2 DATE l5 -J a n -9 2 ,. '. . "'.~;]I: "RI::!lTFi:;"W,3~I!vrcss FOR C'--- OF DURAY REACH, FLORIDA ~.-- . >:::;I,\N'S PAP' !~r~ITECT2 PROJECT UUMf~~ 9057],06 -!';!:,\P,Y 8, l~n ~ '", ri II ]" I 0 r" ;\ i: ~ i ( /, rr h i t.r! d II r iI j 5 e r vie e & / Con 5 l. r II cI: ion Doc II men t 5 - Did din ~ BASIC ARCHITECTURAL SERVICES m ,132.00 STRIICTURAL E~GINEER Sl,150,00 Mi';P ENG I IIEER SI,750,00 ~ASIC CIVfL ENGINEERING SERVICES DESIGN Slt/IOO.OO 31 on IIIG S400,OO PERM I TTl NG S 1,800, 00 HASIC LANDSCAPE ARCHITECTURAL SERVICES ORSIGN $10,950,00 BIDDING S500,OO TOTAL DESIGN FEES S45,082.00 DIRECT PROJECT EXPENSES TELEPHONE SlOO.OO PRINTING S1,200.00 FAXING SIOO.OO POSTAGE SlOO,OO MISC EXPENSES S75,00 ---------------------- ---------------------- TOTAL S1,575.00 '. : ,~ ,T l' "\ DATE 15-Jan-92 ., "0" '. . - . i.:<I~ AiI';lijTrI:Tii;:I,:, S~E',':I::~~ FOn cr-" OF DELRA'{ IlEACH, FLORJDA .."'"- i;on;':; ?H~ !. .~; iT E C T Spy q ,in II U:~ [1 E R 9057,1.0 4 A'~ii,\;~,Y fl. I~')'~ ~ "riole fnr ~1sit ^rchil@clur~1 Services/Construction Documcnts-Biddin( ------------------------------------------------------------------.--------------------- ^00!TlnNAL SERVICES IF REQUESTED n~T^I~ED COST ESTIMATE ~4,950.00 C~;!r~ WJRK FOR EXTERIOR REDESIGN OF RECREATION BUILDING CD CD BD nD TOTAL HOURLY OVERHEAD PROJECT r~nNTI! I . 2 J 4 5 6 HOURS RATES MULTIPLIER COSTS -------------------------------~-----------------------------------.-------------------- .---------------------------------------------.------------------------------.---------- ~'~::\ ~ E ~,rTf VI TY , I'i FYrST1~~ ?A~iLITY !. . jljRVEY Pr i "c: i P,l ; n 0 0 0 0 0 0 $28,50 3.00 $0,00 p~ (I [) 0 0 [) [) 0 nB,OO 3.00 ~O,OO Tern ] J 2 0 0 0 0 0 12 $15.00 3.00 ~540.00 Tern II n n 0 0 0 0 0 $ 1 J. 4 6 3.00 ~O.OO Tr r h i r J 12 [) 0 0 0 0 12 $ 12,82 3,DO ~461.52 24 Sl,001.52 ~ , 2 ~ rRRL!~IN^Y OESIG~ Rf:r ~\lll.nl!1r, Fr i nr j p.ll H f] 0 0 0 0 8 $2UO 3,00 $684,00 1"'" 16 r) [) 0 0 0 16 $18,00 :1,00 $864.00 , II Tr r h I 2lJ n 0 0 0 0 24 W,QO 3,00 SI,080.00 T r (n ): 0 n 0 0 0 0 0 S I J, 46 3.00 $0.00 T '! r h I r j 0 n 0 0 0 0 n $IU2 3,00 ~O.OO 48 n,628,00 : CnNSH D"Clin:nS ~'Fr Bllrl,nr~;I~ :1 r ; n ( i ~l'l ! 8 R 0 0 0 0 16 $28.50 3.00 n,36B.00 i1M 12 l2 0 0 0 0 2'1 StB.OO '3,00 0,2%.00 T" r h I hO 1,1) 0 [) 0 0 AO $15,00 3.00 $3,600.00 i.. \ 11 1\ 0 (I 0 0 [) 0 [) $ \3 .'\6 ).00 SO.OO Tr ( h i 1 ; 0 0 0 0 0 0 0 nU2 3.00 ~O. 00 120 $6,26'..00 --------------------------------------. 192 ~9,893,52 P'l (Cl b DATE [5-Jan-92 '. I.." ,'J':','; l.il:mlST?ATli:~j r'O:: em OF O""'Y BEACH, FLORIDA r---. r;: -.. -: :1, ,; . ~ r'/l R E " i 'r~Ti PROJECT NU~BSR 90~7J.04 /l '~':' ::, I 9 92 :'ij,' [or Consl.rllrl.ion Aciminisf,r,]l.ion Services TOTAl. HOURLY OVERHEAD PROJECT rj~NTIi \ 2 3 4 5 G 7 R q 10 II l2 HOURS RATE KULTIPLIER COSTS ---------------------------------------------------------------------------------------------~-------------------------------- --------------------.--.-----------------------------------------------------------------------------------------------.------ '0 ' !CT!\'1TY " , - " r'r0,iFrr !.)lnN I STRATf 0'1 c'r in c i pol 1 I I 1 I I 0 0 0 0 0 0 6 ~2B.50 3.00 ~513,00 !' '~ I, " I, " I, 4. 0 0 0 0 0 0 24 He,oo 3.00 H,296.00 - i':O 1 n n n 0 0 0 0 0 0 0 0 0 0 $15.00 3,00 $0.00 " ^ h II G n n 0 0 0 0 0 0 0 0 0 0 03,46 3,00 ~O,OO "" ~ [I I .; 2 2 2 2 2 0 0 0 0 0 0 12 W.82 3,00 $461.52 SUB-TOTAL 42 n,270,52 ri, ::c~ nOCUMEnS! l'li)RDPlATE CONSlj;'WITS :'rincipill i) I] 0 I] 0 0 I] 0 I] 0 0 0 0 n6.50 3.00 $0.00 ',~ " 1 /. 2 2 0 0 0 0 0 0 0 10 Sl6,00 3,00 WIO.OO ~ ' . , :"ch 1 0 0 I] 0 0 0 0 I] 0 0 0 0 0 05.00 3.00 SO.OO '<'! h I r 0 I] 0 0 0 0 0 G 0 0 0 0 0 $ 13.46 3.00 SO.OO "" c h II r n I] 0 0 0 0 0 0 0 0 0 0 0 Sl2,82 J.OO SO.OO SUB-TOTAL 10 mo.oo ^~ENry CONSULTINGI ;~ .'. V I E VI f A P PRO V A L i'rincipol 0 0 0 0 0 0 0 0 0 0 0 0 0 $28.50 3,00 SO.OO 1:11 6 0 0 0 0 0 0 0 0 0 0 0 8 ~18,00 3.00 $432.00 Tech I n I] 0 I] 0 0 0 0 0 0, 0 0 0 ~ 15,00 3.00 SO.OO - '''~ h r [ 0 I] n 0 0 0 0 0 0 0 0 0 0 03,46 3.00 SO.OO -'c c)', ]] I I] 0 0 0 0 0 0 0 0 0 0 0 0 $ 12.82 3,00 SO.OO SUB- TOrAL 8 $432,00 O,i~;J ~liPPl.lEO DATA ,:,)C,I R n [II AT] 011 i':' i n c i pol I] 0 0 0 0 0 I] 0 I] 0 0 0 0 m.50 3,00 SO.OO F ~~ I, 2 I] 0 0 0 J 0 0 0 0 0 6 $18.00 3.00 $324.00 '''1 j n I] n 0 0 0 0 0 0 0 0 0 0 S15,00 3.00 SO.OO T" r h 11 n 0 0 0 0 0 0 0 0 o . 0 0 0 513.46 3,00 $0,00 '" r h I I I n 0 I] 0 0 0 0 0 0 0 0 0 0 512.82 3,00 SO,OO SUB-TOTAL 6 $324.00 liFFirP, CONHRIICTlON ,', ;111 I III STRA T I ON ;' r i n r; i pill n 0 I] I] 0 4 0 0 0 0 0 0 4 m.50 J.OO ~J42.00 P!~ 12 12 12 l2 12 12 0 0 0 0 0 0 72 $16.00 3,00 $3.886,00 if' cn I n 0 0 0 0 Q Q 0 0 0 0 0 0 W.OO 3.00 $0,00 'co (h 1 I I] I] 0 0 0 0 0 0 0 0 0 0 0 $ 13.46 3.00 ~O,OO Tr'(:h I I I I] 0 I] 0 0 0 0 0 0 0 0 0 0 H2. 82 3.00 SO.OO SUB-TOTAl, 76 S'.,230,00 -, rnN5TRUCTION FIELD i\!\SERVIITJON Principol n I] 0 0 0 0 0 0 0 0 0 0 0 $26,50 3,00 SO,OO ;,., 3 6 B 6 8 8 0 n 0 0 0 0 40 HB,OO 3,00 $2,592.00 ,'" T"ro r 0 0 0 0 0 0 0 0 0 0 0 0 0 S15,00 J.OO SO.OO I" c h ! I 0 n 0 n 0 0 0 0 0 0 0 0 0 ~13.46 3.00 ~n.oo T" en]] 1 n 0 0 0 0 0 0 0 0 0 0 0 0 $12.B2 3.00 SO,OO SUB-TOTAL 48 n,5n.OO i'i, : BATE 15-Jan-91 '. - . "'.. r: ': A fJ M 1'1 ; ,1 T P A:') n ': F Ii R r:] TY I) F D' Y BEACH. HOHIDA , ',':'; el. p- o . i ',..'..,; i'~n,iEcr !iUliREi\ fJ0573. 01, ',' I.: '( !, ,) ~ q 2 ;. "'> i" i (I r C (i n sir I) c1, j (I n Adm i n i drat i (I n 3 f~ r vie e s TOTU DIRECT OVERHEAD PROJr:CT ~:I)NTlI 1 2 ) I, 5 6 ? 8 9 10 11 12 HOURS PAY RATE C o:m ---_.._---------~--------------~---------------------------------------.-------------------------------------------------------- -.-.--.--.------------.-------------------------.---.---------------------------------------.----------------------------------- :;IIPi'I,EMENT,II. :if1I:UMENTS "I j 1 C j pa i n 0 0 0 0 0 0 0 0 0 0 0 0 m.50 3,00 SO.OO F ,I{ 2 2 0 0 0 0 0 0 0 0 0 0 4 n8.00 3.00 $216,00 T'r h I Ii 0 0 0 0 0 0 fJ 0 0 0 0 0 ~J5.00 3.00 SO.OO "" r' h I I 0 0 0 0 0 0 0 0 0 0 0 0 0 S 13 , 46 3,00 SO,OO ~"d If I h 4 0 0 0 0 0 0 0 0 0 0 8 02.82 3.00 S307,68 SUB-TOTAL 11 S51J.6B ~1!;jnlT\JT10~S gD " !il\,lif;~ OiiDERS "rincip'll a 0 n 0 0 0 r, 0 0 0 0 0 0 ~28,50 3.00 ~O.OO j\M J, 2 0 0 4 0 0 0 0 0 0 0 10 ~18,00 3,00 S540.00 )"r c h ; n 0 0 0 0 0 0 I) 0 0 0 0 0 S 15 , 00 3.00 SO,OO . ,. c h [1 0 0 0 0 0 0 0 0 0 0 0 0 0 $ l3, ',6 3.00 $0,00 I"ri) III ., 2 0 0 0 0 0 0 0 0 0 0 4 SIl,Bl 3.00 S153.84 SUD-TOTAL 14 $693,84 - ., irO,lEr.T CLOSF:lilT ;',ipcipal 0 0 0 0 0 II 0 0 0 0 0 0 4 m.50 3.00 $342.00 ;\ ~I 0 0 0 0 0 12 0 0 0 0 0 0 12 ~ 10.00 3.00 $648,00 ", '. n r 0 0 0 0 0 0 0 0 0 0 0 0 0 S15.00 3.00 ~O,OO -,), h [I ~ n n 0 0 0 0 0 0 0 0 0 0 $13.46 3.00 $0.00 y" r hI] 1 (I 0 0 0 0 2 0 0 0 0 0 0 2 S12,82 3,00 $7&,92 SUD-TOTAL 18 ll,066,92 ---~------------------------------------------------------------.----------------.-------------------------------------------- -----------.-.-.-------------------------------------------------------------------------------------------------------------- TOT AI. 234 $12,672.96 CONSlILTANT FEES ---------------------------------------- CIVIL ENGINEER $3,550.00 STRUCTURAL 000.00 KEP ENGINEER S925,00 LANDSCAPE ARCHITECT 0,500,00 ---------...-- TOTAL PROFESSIONAL FEES S20, 147,96 ---------------------------------------- DIRECT PROJECT EXPENSES TEl.EPIIONE S100.00 PRINTING $750,00 FWNG SIOO.OO POSTAGE S100.00 MISC $60.00 TOTAL SI,110,00 - I I~ i: ~ DATE 15-J~n-92 ,. ...,. '. . . . CITY OF DELRAY BEACH. FLORIDA.- CITY COMMISSION REGULAR MEETING - JANUARY 21. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS - ADDENDUM THE CONSENT AGENDA IS AMENDED TO INCLUDE: H. ACCEPTANCE OF AN EASEMENT DEED/EASEMENT AGREEMENT: Accept an easement deed and easement agreement from Trainer Roofing for a 25 foot utility easement necessary to install water and sewer mains in the former enclave area on Germantown Road. THE REGULAR AGENDA IS AMENDED TO INCLUDE: N. RESOLUTION NO. 19-92: A resolution which requests that the Department of Community Affairs finds the Countywide Future Land Use Element to be "not in compliance". ~ 5-0 '. .. C I T Y COM MIS S ION DOC U MEN TAT ION TO: QVID T. HARDEN, CITY MANAGER \ ~J~u~j FROM: ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 21, 1992 ADD-ON ITEM --- OPPOSITION TO C.F.L.U.E. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of adoptinq a Resolution which requests that the Department of Community Affairs finds the CFLUE to be found not in compliance. BACKGROUND: With the occurrence of recent events, it seems appropriate that the City of Delray Beach make a formal statement as to the impact of the Countywide Future Land Use Element (CFLUE) upon our local planning program. One way in which this can be done is to formally recommend that the Department of Community Affairs find the CFLUE to be "not in compliance". If such a finding is made, additional actions including more State review and possible modifications will be required. Through such a process, the City of Delray Beach can attempt to have the CFLUE be more responsive to our local concerns and needs. It is anticipated that other municipalities throughout the County will make similar requests of D.C.A. The attached resolution has been drafted by the Planning Director and has been reviewed and modified by the City Attorney. Time is of the essence: Since the CFLUE is now before DCA for a compliance determination and said determination may be made prior to the next regular meeting of the Commission, it is requested that this item be added to tonight's agenda. 'I '. To: city Commission Documentation Meeting of January 21, 1992 Add-On Item --- Opposition to C.F.L.U.E. Page 2 RECOMMENDED ACTION: By motion, adoption of the Resolution, as presented. Attachment: * Resolution c: Jeff Kurtz, City Attorney Alison MacGregor-Harty, City Clerk T:CCRES.DOC " h" .... RESOLUTION NO. 19-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE DEPARTMENT OF COMMUNITY AFFAIRS TO FIND THE COUNTYWIDE FUTURE LAND USE ELEMENT (CFLUE) TO BE "NOT IN COMPLIANCE" . WHEREAS, the Palm Beach County Board of County Commissioners (County Commission) has adopted a Countywide Future Land Use Element (CFLUE) as an optional element to the County Comprehensive Plan: and, WHEREAS, said adoption occurred on December 16, 1991. and said CFLUE is now in review by the State Department of Community Affairs (DCA) for a "determination of compliance": and, WHEREAS, subsequent to the date of preparation of the CFLUE and its transmittal to DCA, there have been significant changes to the background data, the basis for authority, and the manner of implementation of the CFLUE: with such changes including, but not limited to: 1. Part I.A., Authority and Establishment of the Planning Council: The Planning Council has been "sunset" pursuant to provisions of Article VII of the County Charter. Information which is found throughout CFLUE is now inconsistent with 9J-5.005(6). 2. Part I.C., Relationship of CFLUE to Local Government Comprehensive Plans: Part I.C. of CFLUE confirms that there is internal inconsistency between it and the County Comprehensive Plan and between CFLUE and local government plans but that said inconsistency shall be achieved pursuant to Policy 2.1.1 of said CFLUE. However, the County Commission has embarked on a course of action, by adopting an Ordinance which creates a certification process that is inconsistent with the amended portion of paragraph two of Part I.C. The existence of such inconsistencies is a violation of 9J-5.018(1). 3. Goal Area 1, Administrative Policies: Goal Area 1 of CFLUE appropriately set forth requirements and procedures which rely upon local government plans using "pass-through" provisions. However, the County Commission has adopted an Ordinance which requires that local plans must comply with the CFLUE: hence, it is inconsistent with CFLUE and is not consistent with the intergovernmental coordination provisions of 9-J5. 4. Goal Area 1, Objective 2: Mediation: This objective and its procedural rule (pages 156-160) creates a conflict with the mediation role of the Regional Planning Council as set forth in the CRDC Policy. This conflict puts local governments in a dilemma as to appropriate jurisdiction for conflict resolution. Further, the County Commission has adopted an Ordinance which provides for binding "arbitration" instead of "mediation". Such a requirement is in conflict with goals, objectives and policies of the Regional Plan which applies to Palm Beach County and the municipalities therein. The above constitutes a violation of 9J-5.018(2). . " " '- ~,~---"'--""-------'---'~-'_. -- ----------.-- ----- .. _._--~~- .. - ----..--- 5. Goal Area 2, Performance Standards Policy, Objective 1, and policies subsequent thereto, Consistency Review and Certification: These policies are in conflict with 9J-5.018(3) in that consistency is not being achieved concurrent with adoption of this optional element. This item is of paramount importance to the City of Delray Beach since it sets the pattern for processing future amendments to CFLUE (i.e. the County Commission may make amendments to CFLUE which make each municipal plan "inconsistent" and then force compliance by local governments). Such resulting local amendments may create additional inconsistencies within each individual jurisdiction. It is clear from Chapter 163 and 9J-5.018(3) that proper planning necessitates the assessment of amendments upon the totality of a comprehensive plan prior to adoption of the amendment. Resolution of this situation and the method for processing CFLUE policy amendments needs to be a part of the CFLUE if, indeed, a "contingency" approach is to be accepted in meeting the requirements of 9J-5.01B(3). 6. CFLUE is consistent with the County Intergovernmental Coordination Element: While the staff of the former Countywide Planning Council has been diligent in notice and distribution requirements of Chapter 163, there has been no compliance with provisions of the adopted Intergovernmental Coordination Element of the Palm Beach County Comprehensive Plan. Since CFLUE is an optional element to the County Comprehensive Plan, it is necessary to comply with provisions of that Element in the preparation and adoption of the CFLUE. 7. Insufficient Policy Guidance: The Treasure Coast Regional Planning Council in its review of September 20, 1991, stated "the CFLUE does not provide sufficient policy guidance nor the mechanisms to allow the PBCPC to carry out its chartered mission of a cooperative effort to resolve and prevent incompatibilities and conflicts and to coordinate land use planning". In its January 17, 1992, review of the adopted CFLUE, it notes that the County Commission provided "No apparent response" to the above concern. WHEREAS, the amended CFLUE was not responsive to the Treasure Coast Regional Planning Council review comments which were made prior to preparation of the DCA Objections, Recommendations, and Comments (ORC) Report and to the collective comments of Palm Beach County municipalities as represented by the Palm Beach County Municipal League: and, WHEREAS. the CFLUE, in its present form, will severely restrict the ability of the City of Delray Beach to efficiently and effectively implement its own adopted Comprehensive Plan which has been determined as "in compliance" by the DCA, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: · - 2 - Res. No. 19-92 .. 1.-' .... ------ ._._~-_. ------ - - -_.-. Section 1. That the City Commission of the City of Delray Beach, Florida, requests that the State Department of Community Affairs find the Palm Beach County, optional element, Countywide Future Land Use Element to be not in compliance. Section 2. That the City Clerk is directed to transmit this Resolution to the Department of Community Affairs, the Board of County Commissioners, the Treasure Coast Regional Planning Council, and to the Palm Beach County Municipal League. PASSED AND ADOPTED in regular session on this the 21st day of January, 1992. ~~ , MAYCf:Y ATTEST: () PI Nm WL )fA I ff7 Po rIr C1ty Cle · - 3 - Res. No. 19-92 ., ,,, ,I . - - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ("," FROM: CITY MANAGER SUBJECT: AGENDA ITEM # IO.A, - MEETING OF JANUARY 21, 1992 ORDINANCE NO. 6-92 DATE: January 17, 1992 This is a second reading of an ordinance amending Ordinance No. 125-88 to include language previously omitted from Ordinance No. 125-88, to provide for extended hours of operation for property located immediately north of the L-32 Canal, and immediately south of Lake Ida Road, between Congress Avenue and the Lake Worth Drainage District Canal #3-1/2. Ordinance No. 125-88 annexed this parcel into the City. Following second reading and public hearing of Ordinance No. 125-88. Commissioner Brainerd made a motion to approve the ordinance with a 20 year amortization period for the hours of operation. Also included in that motion was the requirement that if the County Code requirements concerning hours of operation change, the non-conformity shall cease and come into compliance with the City's code. The Commission approved the ordinance unanimously. When adopted, however. the additional motion language was never inserted into Ordinance No. 125-88. The City Attorney's office has spoken with the former City Attorney and other parties involved and found that the language was inadvertently omitted. Because this is a substantial omission, passage of an amending ordinance is required in order to insert the omitted language into Ordinance No. 125-88. Recommend approval of Ordinance No. 6-92 on second and final reading. Section 1 has been amended as agreed by the Commission and the property owner on January 14, 1992. f~ 6/0 ,. . -, . ORDINANCE NO. 6-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 125-88 TO INCLUDE LANGUAGE PREVIOUSLY OMITTED FROM ORDINANCE 125-88, TO PROVIDE FOR EXTENDED HOURS OF OPERATION FOR PROPERTY LOCATED IMMEDIATELY NORTH OF THE L-32 CANAL, AND IMMEDIATELY SOUTH OF LAKE IDA ROAD, BETWEEN CONGRESS AVENUE AND THE LAKE WORTH DRAINAGE DISTRICT CANAL .3-1/2; PROVIDING FURTHER THAT NOTHING IN THIS ACTION SHALL AFFECT ANY OF THE TERMS, CONDITIONS, OR REQUIREMENTS OF THE . ENCLAVE ACT AS TO OTHER REGULATIONS AFFECTING USES IN THEIR CONTINUATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of De1ray Beach unanimously approved Ordinance 125-88 on November 8, 1988 pursuant to the requirements of the Delray Beach Enclave Act; and, WHEREAS, the motion to approve Ordinance 125-88 included language which was inadvertently omitted from Ordinance 125-88; and, WHEREAS, this Ordinance amends Ordinance 125-88 to provide for inclusion of the missing language regarding the continuance of businesses operating under the Palm Beach County Code requirements pertaining to the hours of operation for uses in operation on November 8, 1988; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMI SS ION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1- That Ordinance 125-88 of the City of Delray Beach, Florida, passed and adopted on November 8, 1988, be, and the same is hereby amended to add a new Section 10 to read as follows and renumbering existing Sections 10-12 accordingly: Those uses, operating within the boundaries of Parcel liE", in operation in accordance with Palm Beach County Code requirements as of November 8, 1988, are permitted to continue operating under Palm Beach County Code requirements concerning hours of operation for 20 years from the date of adoption of Ordinance 125-88. Provided, however, that no expansion of operating hours shall be permitted unless a like expansion is permitted by the applicable codes of the City of Delray Beach and in no event shall the hours of operation be reduced beyond that permitted by the applicable codes of the City of Delray Beach. In any event, all non-conformities with respect to such codes shall cease as of November 9, 2008. Section 2. That nothing in this action shall affect any of the terms, conditions, or requirements of the Delray Beach Enclave Act as to other regulations affecting continuing uses. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word . ., . be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992. MAY 0 R ATTEST: City Clerk First Reading Second Reading . 2 ORD. NO. 6-92 . '. . . v . · DF DELRAY BEA[H - . . 8::LRAY BEACH FLORIDA 33444 . 407/243.7000 MEMORANDUM TO: David T. Harden, City Manager FROM: n~obert A. Barcinski, Assistant City Manager/ ~ Administrative Services SUBJECT: Agenda Item City Commission Meeting 1/21/92 Emergency Management Ordinance and accompanying Standby Resolutions DATE: January 14, 1992 City Commission is requested to approve on first reading the attached Emergency Management Ordinance and accompanying Standby Resolutions. This draft ordinance repeals Chapter 95 "Civil Defense" and creates a new Chapter 95 "Emergency Management." The ordinance creates an Emergency Management structure and sets forth a procedure for the declaration of a state of emergency. The basic framework provides for certification by the Fire Department, Police Department and the Environmental Services Department that a state of emergency exists. The Mayor, Vice-Mayor, City Manager or the Acting City Manager, in the order named, shall have the authority to declare an emergency based on the certification. The ordinance change is requested to update the code to match existing administrative procedures and to provide a quick response in case~ of emergency. Staff has thoroughly reviewed and recommends approval. RAB:kwg f~ Is! /!wd.-- .1/rJ-1/9d- Attachment ..5 -0 fH / df70 on 0l-/1I/9d-.- / d. /I. THE E;:;: CJ R TAL VV A Y sMA TT E R S . .. . . ." . !ITY DF DELRAY BEA[H .-. - CITY ATTORNEY'S OFFICE 200 NW ISl AVENUE. DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wr~t_r'. D~r_ct L~n_ (40'7) 243-'7081 MEMORANDUM DATE: January 6, 1992.. .. . ~~~rn::HWIr~ TO: Robert A. Barcinski, Assistant City Ma ageiJAN 7 1992 FROM: Susan A. Ruby, Assistant City Attorney ADMIN 'Sm.~T1VF SF:RVICES SUBJECT: Emerqency Manaqement Resolutions Our office previously sent you a draft ordinance governing emergency management. In addition, we have submitted to you certain resolutions for your review and comment. Our office has made necessary changes and submits to you the ordinance and resolutions to be placed on an upcoming City Commission Agenda. Please submit the ordinance and resolutions to the City Manager when you deem it appropriate that they be placed on the City c; Agenda. SAR:ci cc David Harden, City Manager Chief Kerry Koen, Delray Beach Fire Department Chief Richard Overman, Delray Beach Police Department Lula Butler, Director of Community Improvement Ted Glas, Director of Purchasing bob.sar ,. ,. <.,,- _. ORDINANCE NO. 7-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 95, "CIVIL DEFENSE AND EMERGENCIES" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 95, "CIVIL DEFENSE AND EMERGENCIES", AND BY ENACTING A NEW CHAPTER 95, "EMERGENCY MANAGEMENT"; TO PROVIDE A FRAMEWORK FOR DECLARATION OF EMERGENCIES, PROVIDING FOR DEFINITIONS; APPLICABILITY OF PROVISIONS; EMERGENCY MANAGEMENT STRUCTURE; POWERS, DUTIES AND RESPONSIBILITIES; DECLARATION OF STATE OF EMERGENCY; TERMINATION OF A STATE OF EMERGENCY; POLICE EMERGENCIES; FIRE AND HAZARDOUS MATERIALS EMERGENCIES; UTILITY EMERGENCIES; WEATHER EMERGENCIES; SUSPENSION OF LOCAL BUILDING REGULATIONS; CERTIFICATION OF EMERGENCY CONDITIONS; AND PENALTIES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intent of the City Commission of the City of Delray Beach, Florida, by enacting this legislation, to provide the necessary organization, powers and authority to enable the timely and effective use of all available City resources to prepare for, respond to, and recover from emergencies, natural and man-made, likely to affect the security, safety or health of the City of Delray Beach and its residents; and, WHEREAS, it is the intent of the City Commission that nothing contained within this ordinance shall relieve City Departments of their normally assigned duties, responsibilities and functions; and, WHEREAS, it is the intention of the City Commission that nothing contained within this ordinance shall be construed as a delegation of authority to abridge or diminish the legislative or administrative powers of the City Commission; and, WHEREAS, it is the intention of the City Commission to address all types of emergencies including, but not limited to, the preservation of the public peace as defined within Florida Statutes Section 870.041 et seq; and, WHEREAS, the City Commission is authorized to create emergency management plans, pursuant to Florida Statutes Chapter 252. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS: Section 1. That Chapter 95, "Civil Defense and Emergencies", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety. Section 2. That a new Chapter 95, "Emergency Management", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: . . . -- Chapter 95 - "EMERGENCY MANAGEMENT" 95.01 Definitions 95.02 Applicability of Provisions 95.03 Emergency Management Structure 95.04 Powers, Duties and Responsibilities 95.05 Declaration of a State of Emergency 95.06 Termination of a State of Emergency 95.09 Police Emergencies 95.10 Fire and Hazardous Materials Emergencies 95.11 Utility Emergencies 95.12 Weather Emergencies 95.13 Suspension of Local Building Regulations 95.14 Certification of Emergency Conditions 95.99 Penalty Section 95.01 Definitions. As used in this Chapter: (A) Emergency shall mean a condition which threatens or adversely affects the public health, safety or security and which is or threatens to be beyond the control of those public and private agencies normally responsible for the management of such a condition, resulting from an act or imminent threatened act of war, riot, terrorism, mob or other acts of violence; from conflagration, explosion, hazardous materials incident or release; from a weather event such as a flood, hurricane or tornado; from a disruption in the City's utility system; or from any other cause. (B) Normal Average Price shall mean the price at retail for merchandise, goods or services at which similar merchandise, goods or services were being sold during the ninety (90) days immediately preceding a declaration of public emergency. Section 95.02 Applicability of Provisions. All officers, employees, contractors, vendors, boards, commissions, authorities and other agencies of the City are subject to the provisions of this chapter. Section 95.03 Emergency Management Structure. (~ The City Manager or his designee shall perform the function of Director of Emergency. Management and shall implement, manage and report on all actions authorized and taken under the provisions of this chapter. (B) The City Manager or his designee shall appoint a Coordinator of Emergency Services whose duties shall include the ongoing planning for and coordination of those actions necessary for the creation and maintenance of an effective emergency response capability to prepare for and manage emergency conditions. . - 2 - Ord. No. 7-92 . '. ._- - ------ - Section 95.04 Powers, Duties and Responsibilities. (A) The City Manager, or Acting City Manager, when acting as the Director of Emergency Management, shall have the following powers, duties and responsibilities: (1) To declare or recommend a declaration of emergency pursuant to Section 95.05. To inform the Mayor and Vice Mayor and the City Commission of the reasons for and status of events requiring the declaration. (2) To direct the creation, revision and the exercise of emergency response plans conforming to state and county emergency plans for the mitigation of, preparation for, response to, and recovery from emergencies; and to exercise all powers permitted by Florida Statutes Chapter 252. (3) To assist the efforts of the Coordinator of Emergency Services in preparation for, response to, and recovery from, emergency conditions; (4) To recommend a budget to the City Commission for the creation and maintenance of an emergency response capability as provided herein. (5) To promulgate emergency regulations necessary for the protection of life and property, establishment of public order, and control of adverse conditions affecting public welfare resulting from an emergency, to the City Commission. (B) The Coordinator of Emergency Services shall have the following responsibilities and duties: (1) To supervise the development and maintenance of City emergency plans, including annual updates: (2) To plan for and develop an emergency operations control center to include equipment, manning, and operational procedures necessary to the management and control of emergency conditions: . (31 To develop and manage the City's emergency awareness public information program. (4 ) To prepare and submit an annual operating budget to the City Manager related to Emergency Management Activities, preparations and training. . - 3 - Ord. No. 7-92 . . Section 95.05 Declaration of a State of Emergency. (A) The Mayor, Vice Mayor, City Manager, or the Acting City Manager, in the order named, shall have the authority to declare a state of emergency. Upon the absence or unavailability of the Mayor, the Vice Mayor may issue such a declaration, and upon the absence or unavailability of Mayor and the Vice Mayor, the City Manager may issue such declaration, or upon the absence or unavailability of the City Manager, the Acting City Manager may issue such a declaration. (B) Any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter shall be confirmed by the City Commission by resolution no later than at the next regular meeting, unless the nature of the emergency renders a meeting of the City Commission extremely impractical. Confirmation of the emergency declaration shall disclose the reasons for, anticipated impacts of, actions proposed and taken to manage the emergency, and other pertinent data relating to the emergency requiring the declaration. (C) Emergency resolutions authorized by this chapter shall include, but are not limited to, the following subjects: Resolution Subject A Evacuation B Curfews: Declaration of areas off limits C Suspension or regulation of the sale of, or offer to sell, with or without consideration: alcoholic beverages: ammunition: firearms: explosives: or combustibles D Prohibiting the sale of merchandise, goods or services at more than the average retail price E Water use restrictions . F Suspension of local building regulations G Regulating the use of and rationing of fuel, ice and other essentials H Emergency procurement procedures · - 4 - Ord. No. 7 - 9 2 . '. ---------- - ------,-- _ ________n _.... -------- -- ---_._~ --- (D) A declaration of a state of emergency shall activate the emergency plans applicable to the City. A declaration of a state of emergency shall automatically invoke the emergency measures listed in Florida Statutes, Section 870.044, if the emergency relates to overt acts of violence or the imminent threat of such violence. (E) A state of emergency, when declared as provided herein, shall continue in effect from day to day until declared to be terminated: however, provided that a state of emergency declared pursuant to Florida Statutes Section 870.041 et seq. shall commence upon the declaration thereof and shall terminate at the end of a period of seventy-two (72) consecutive hours thereafter, unless, prior to the end of such seventy-two (72) hour period the public official or City official declaring the emergency shall have terminated such state of emergency. An extension of the seventy-two (72) hour time limit must be accomplished by a request from the public official and the concurrence of the City Commission, by duly enacted resolution. (F) Upon the declaration of a state of emergency, the City Manager shall post a written notice of such declaration upon the main bulletin board in City Hall, and shall. as promptly as practicable, file in the office of the City Clerk a notice of a declared state of emergency, or emergency measure declared or ordered and promulgated by virtue of Florida Statutes Section 870.041 et seq. The City Manager shall notify the local media by telephone, if practicable. When practicable, the City Manager shall also cause written notice to be published, in its entirety, at least three (3) days each week, in the newspaper of general circulation in the City until the state of emergency is declared to be terminated. Section 95.06 Termination of a State of Emergency. A state of emergency shall be terminated by a vote of the City Commission if practicable or upon the certification of the person .who originally requested the declaration of the state of emergency, that the conditions leading to or causing the emergency no longer exist and the City's agencies and departments are able to manage the situation without extraordinary assistance: provided that a state of emergency e~tablished under Florida Statutes Section 870.041 et seq. , shall terminate at the end of a period of seventy-two (72) consecutive hours after the declaration of the emergency, unless, prior to the end of the seventy-two (72 ) hour period, the public official calling for a declaration of emergency or the City Commission have terminated such state of emergency. Any extension of the seventy-two (72) hour time limit must be accomplished by a request from the public official and concurrence of the City Commission by duly enacted resolution. Notice of termination of the emergency declaration shall be made to the public by the City Manager by the same means as the notice of the declaration of the state of emergency. . - 5 - Ord. No. 7-92 , . ----- _.,--_.._-~ ._-- - ------ - -....:--.:...-~....:.:.=.-- :~. -~-:-~-====~._~-====-:.........:.:..-=-----~ - ---- -.-- -.. --- Section 95.09 Police Emergencies. (A) A public emergency may be declared because of civil unrest or imminent threat to public peace or order when the Chief of Police, or if unavailable, the next highest ranking officer in the Police Department chain of command, certifies to the City Manager (or, if unavailable, the Acting City Manager) that an emergency condition arising from hostile actions of others, armed or unarmed or other imminent threat to public peace or order, requires extraordinary measures for control, including, but not limited to curfew: blockade: proscription of the sale of firearms and other weapons, alcoholic beverages: explosives and combustibles: evacuation: and other like actions. The City Manager, or if unavailable, the Acting City Manager, shall report said certification to the officials in the order named in Section 95.05 regarding the need to declare a state of emergency. Pursuant to Section 95.05, a declaration of emergency may then issue. (B) Declaration of a public emergency because of civil unrest or imminent threat to pub lic peace or order, shall authorize the issuance of emergency resolutions A, B, C, D and H, and other appropriate resolutions, as may be required and may, if applicable, require automatic emergency measures pursuant to Florida Statutes Section 870.044 et seq. In addition, additional discretionary emergency measures pursuant to Florida Statutes 870.045 may be issued. Section 95.10 Fire and Hazardous Materials Emergencies. (A) A public emergency may be declared because of fire or a hazardous materials incident emergency when the Fire Chief, or if unavailable, the next highest ranking officer in the Fire Department chain of command, certifies to the City Manager (or, if unavailable, the Acting City Manager) that an actual or potential condition arising from fire, explosion, chemical spill or release, building or bridge collapse, or plane, train, or other vehicle accident, requires extraordinary measures for control, including, but not limi ted to calling out of off-duty and reserve personnel; assistance by outside agencies: evacuation: and . other like actions. The City Manager, or if unavailable, the Acting City Manager, shall report said certification to the officials, in the order named in Section 95.05 regarding the need to declare a state of emergency. Pursuant to Section 95.05, a declaration of emergency may then issue. (B) Declaration of a public emergency because of fir.- and hazardous material emergency shall author i z.,:; the issuance of emergency resolutions A, B, C, D, E, G and H, and other appropriate resolutions, 35 may be required. , - 6 - Ord. No. 7-92 ., '. ------ --~-_._~- --_._------------. Section 95.11 Utility Emergencies. (A) A public emergency may be declared because of utility conditions when the Director of Environmental Services Department, or if unavailable, the next highest ranking Environmental Services Department officiai, certifies to the City Manager (or, if unavailable, the Acting City Manager) that: (1) A condition exists or is imminent that endangers the safety, potability, quantity, availability, collection, conveyance, transmission, distribution, treatment, or storage of water or waste water through or within the City's water or waste water utility system; or, (2) a condition exists or is imminent that endangers the safety, quality, quantity, availability, transmission, distribution, or storage of gas through or within the City's gas utility system: and, (3) extraordinary actions to control and correct the situation are required, including, but not limited to emergency purchase: call-in of off-duty personnel; assistance by other communities and agencies: and other like actions. The City Manager, or, if unavailable, the Acting City Manager, shall report said certification to the officials, in the order named in Section 95.05 regarding the need to declare a state of emergency. Pursuant to Section 95.05, a declaration of emergency may then issue. (B) Declaration of a public emergency because of utility conditions shall authorize the issuance of emergency resolutions A, B, E and H, and other appropriate resolutions, as may be required. Section 95.12 Weather Emergencies. (A) A public emergency may be declared because of weather conditions when the national weather service or a state, county or local emergency management agency informs the City or the public that emergency conditions resulting from ~ meteorological conditions are present or imminent. Meteorological conditions covered by this section shall include, but are not limited to hurricanes, floods, tornados, or other severe weather conditions and the results therefrom. The Citj Manager, or, if unavailable, the Acting Cit'/ Manager, shall request a declaration of a State or Emergency from the officials in the order named l~ Section 95.05. Pursuant to Section 95.05, 1 declaration of emergency may then issue. · - 7 - Ord. No. 7-92 - . ____.._n_ (B) Declaration of a public emergency because of weather conditions shall authorize the issuance of emergency resolutions A through H, and other appropriate resolutions, as may be required. Section 95.13 Suspension of Local Building Regulations. The City Manager (or, if unavailable, the Acting City Manager) may authorize a suspension of local building regulations during and following a declared state of emergency when the Chief Building Official certifies to the City Manager or, if unavailable, the Acting City Manager, that such action is necessary for the expeditious restoration of property damaged by the emergency event. Such suspension of building regulations may be applied on a case by case basis as required to remedy specific conditions and to facilitate the provision of emergency housing to disaster victims. The Chief Building Official shall specify the provisions of the building code to be suspended and the reasons therefore, when certifying the necessity of such suspension to the City Manager. The City Manager shall communicate to the City Commission the need to suspend, local building regulations to the officials, in the order named in Section 95.05(A). The City Commission shall confirm the suspension pursuant to Section 95.05(B). Section 95.14 Certification of Emergency Conditions. A certification of emergency conditions to the City Manager may be verbal, but each verbal certification shall be confirmed in writing within twenty-four (24) hours following an emergency declaration. Section 95.99 Penalty. Any person, firm or corporation who violates any provision of this chapter for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $500, or imprisonment for a term not exceeding ninety (90) days, or both. Each day a new violation shall continue to exist shall constitute a separate offense. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be de~lared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. · - 8 - Ord. No. 7-92 ,. 'f - .~--- PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992. MAYOR ATTEST: City Clerk First Reading Second Reading . . - 9 - Ord. No. 7-92 . . RESOLUTION NO, A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE EVACUATION OF CERTAIN AREAS OF THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, a State of Emergency in the City of Delray 'Beach was proclaimed by on due to ; and, WHEREAS, citizens must be moved from harm's way; and, WHEREAS. Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the activation of plans for evacuation during a state of emergency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. Section 1- A declaration of a State of Emergency proclaimed on is hereby confirmed. Section 2. has seriously affected and threatened the lives and property of residents of the City of Delray Beach and requires the evacuation of citizens from the following area ( s) : effective (Time) (Date) (Month) (Year) Section 3. Such evacuation shall remain in effect until competent authority declares the state of emergency terminated. Section 4. This resolution shall take effect at the date and time specified in Section 2. PASSED AND ADOPTED in regular session this day of , 199 - MAY 0 R ATTEST: City Clerk . . .- RESOLUTION NO. B A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE SETTING OF A CURFEW AND DESIGNATING CERTAIN AREAS OFF LIMITS. WHEREAS. a State of Emergency in the City of Delray Beach was proclaimed by on due to ; and, WHEREAS, conditions arising from have seriously affected the safety and security of the lives and property of the citizens of the City of Delray Beach; and, WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the declaration of a curfew and the designation of areas as off limits during a state of emergency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. Section l. A declaration of a State of Emergency proclaimed on is hereby confirmed. Section 2. has seriously affected and created conditions which threaten the safety anr security of the lives and property of the citizens of Delray Beach ar thereby requires the establishment of a curfew between the hours 01. and daily and the designation of the following areas as off-limits to all except personnel authorized by the Police or Fire Departments: effective (Time) (Date) (Month) (Year) Section 3. This resolution shall take effect at the date and time specified in Section 2. Section 4. All violations of the provisions of this resolution shall be subject to prosecution under Section 95.99 of the Delray Beach Code of Ordinances. PASSED AND ADOPTED this day of , 199 - . MAY 0 R ATTEST: City Clerk ,. .. : RESOLUTION NO. C A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE REGULATION AND SUSPENSION OF THE SALE OF ALCOHOLIC BEVERAGES, AMMUNITION, FIREARMS, AND FLAMMABLE OR COMBUSTIBLE MATERIALS AND EXPLOSIVES. WHEREAS. a State of Emergency in the City of Delray Beach was proclaimed by on due to ; and, WHEREAS, threatens the safety and welfare of the citizens of the City of Delray Beach; and, WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the suspension or regulation of the sale of alcoholic beverages, ammunition, firearms, explosives, and flammables or combustibles during a state of emergency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. Section 1. A declaration of a State of Emergency proclaimed on is hereby confirmed. Section 2. has and conditions arising therefrom are seriously threatening the safety of the citizens and property in the City of Delray Beach and require the sale of alcohol, ammunition, firearms, explosives and flammable or combustible materials to be suspended within the City limits of the City of Delray Beach to control and prevent circumstances leading to public disorder, riot, arson, looting. and other unlawful acts during the period of the declared emergency. Section 3. No alcoholic beverage in any form shall be sold, offered for sale or otherwise distributed wi thin the City during the period of the emergency by any person or by any commercial. nonprofit or other establishment whether for consumption on or off-premises or for wholesale or retail sale. Section 4. No firearm shall be sold, transferred, or otherwise made available for sale or exchange within the City during the period of this emergency by an person. The sale or exchange of ammunition, spare parts, or other items integral to the operation of firearms s ha 11 likewise be forbidden. During the period of this emergency, no person shall carry, display, or otherwise use a firearm without the express written consent of the Chief of Police, other than law enforcement officers. The carrying, display or possession of a firearm in the City without the specific approval of the Chief of Police shall result in its confiscation by the proper police authority. .. .. Section 5. No flammable or combustible material or explosive, i.e. gasoline, kerosene, benzine, or blasting caps, dynamite, plastic explosives, nitroglycerine, ammonium nitrate or other explosives, shall be sold, used or transported in containers within the City other than on a tank-hold basis during the period of emergency without the issuance of a written permit by the Fire Chief. Such flammable or explosive materials shall not be transported otherwise. Section 6. All violations of the provisions of this resolution shall be subject to prosecution under Section 95.99 of the Delray Beach Code of Ordinances. Section 7. The regulation and suspension of the sale and possession of alcoholic beverages, ammunition, firearms, flammable or combustible materials or explosives shall remain in effect until competent authority declares the state of emergency to be terminated. Section 8. This resolution shall take effect on (Time) (Day) (Month) (Year) PASSED AND ADOPTED this day of , 199 - MAY 0 R ATTEST: City Clerk .. 2 ORD. NO. .. . RESOLUTION NO. D A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND PROHIBITING THE SALE OF MERCHANDISE, GOODS OR SERVICES AT MORE THAN THE NORMAL AVERAGE RETAIL PRICE. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by on due to ; and, WHEREAS, threatens the stability, economy. and civil order of the City of Delray Beach; and its citizens; and, WHEREAS, charging more than the normal retail price under existing conditions is an attempt to pro fi t from the misfortunes of others and can lead to civil strife, to inequities in the distribution of essential materials such as foodstuffs, ice, fuel, and other vital necessities, and to a greater loss of the sense of hope and well-being so basic to a speedy recovery and restoration of the community; and, WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes this prohibition of the sale of merchandise, goods, or services at more than the normal average retail price during a state of emergency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. Section 1. A declaration of a State of Emergency proclaimed on is hereby confirmed. Section 2. has and conditions arising therefrom threaten to create shortages of essential goods and services which are needed to sustain the physical well-being, economic stability, and public order of the City of Delray Beach and its citizens. Section 3. No person or business entity offering goods or services for sale within the City of Delray Beach shall charge more than the normal average retail price as defined by Section 95.01(B), Chapter 95, Code of Ordinances, during the period of the declared emergency. Section 4. All violations of the provisions of this resolution shall be subject to prosecution under Section 95.99 of the Delray Beach Code of Ordinances. Sect.lon 5. The regulation and control of retail prices within the City of Delray Beach shall remain in effect until competent authority declares the state of emergency to be terminated. ., ,. Section 6. This resolution shall take effect 0" (Time) (Day) (Month) (Year) PASSED AND ADOPTED this day of , 199 - MAYOR ATTEST: City Clerk . 2 ORD. NO. . . RESOLUTION NO. E A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND PLACING CERTAIN RESTRICTIONS ON THE USE OF WATER WITHIN THE UTILITY SERVICE AREAS OF THE CITY OF DELRAY BEACH. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by on due to ; and, WHEREAS. threatens the water supply of the City of Delray Beach; and. WHEREAS, extraordinary actions must be taken to assure adequate potable water supplies; and, WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes water use restrictions during a state of emergency; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. Section 1. A declaration of a State of Emergency proclaimed on is hereby confirmed. Section 2. is seriously affecting the water of the City of Delray Beach and requires the restriction of water to and use within the following areas: effective . (Time) (Day) (Month) (Year) Section 3. Water use shall be restricted to the following conditions: Section 4. Such restrictions shall remain in effect until competent authority shall declare the state of emergency terminated. Section 5. This resolution s.hall take effect at the date and time specified in Section 2. PASSED AND ADOPTED this .day of , 199 - . MAY 0 R ATTEST: City Clerk . " RESOLUTION NO. F A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND SUSPENDING CERTAIN LOCAL BUILDING REGULATIONS UNDER EMERGENCY CONDITIONS. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by on due to ; and, WHEREAS, has caused extensive damage to public and private property within the City of Delray Beach; and, WHEREAS, the expeditious restoration of property to pre-existing conditions is vital to enable the re-establishment of shelter for residents, businesses, and public activities; and, WHEREAS, adherence to certain local established building regulations and procedures can delay the process of restoring properties to conditions existing prior to the emergency; and, WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the suspension of local building regulations during a state of emergency: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TH~ CITY OF DELRAY BEACH, FLORIDA. Section 1- A declaration of a State of Emergency proclaimed on is hereby confirmed. Section 2. has caused damage to numerous properties rendering them unsafe or marginally habitable forcing residents from their residences and business and commercial activities to remain closed. Section 3. The following suspension of certain building regulations and procedures shall remain in effect until competent authority shall declare the state of emergency terminated: Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 199 - . MAYOR ATTEST: City Clerk . RESOLUTION NO. G A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND RATIONING CERTAIN ESSENTIAL CONSUMABLES UNDER EMERGENCY CONDITIONS. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by on due to ; and, WHEREAS, conditions caused by have caused or threaten to cause shortages of critically needed consumables essential to the substance of the citizens of Delray Beach; and, WHEREAS, measures are necessary to assure an equitable distribution of these essentials; and, WHEREAS, a method to assure the availability of to meet the minimum requirements for these consumables must limit the amount sold to individual families; and, WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the rationing of fuel, water, ice, and other essentials during a state of emergency: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. Section l. A declaration of a State of Emergency proclaimed on is hereby confirmed. Section 2. The following essential consumables shall be rationed for sale to individual families: Section 3. No individual may purchase more than the followlnq amount of the above each day: Section 4. Such rationing of essential consumables shdil remain in effect until competent authority shall declare a state ,( emergency terminated. Section 5. This resoll1tion shall take effect immediately_;.._n adoption. . . 'T PASSED AND ADOPTED this day of , 199 - MAYOR ATTEST: City Clerk ~ 2 ORD. NO. .. . RESOLUTION NO. H A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO EMERGENCY MANAGEMENT; CONFIRMING A DECLARATION OF A STATE OF EMERGENCY. AUTHORIZING EMERGENCY PROCUREMENT PROCEDURES, AND SUSPENDING CERTAIN CITY CODES RELATING TO PURCHASING. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by on due to ; and. WHEREAS, has caused extensive damage to public and private property within the City of Delray Beach; and, - WHEREAS, the expeditious restoration of property to pre-existing conditions is vital to enable the re-establishment of public activity; and, WHEREAS, adherence to certain local ordinances establishing, purchasing and procurement procedures can delay the process of restoring public facilities to conditions existing prior to the emergency; and, WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the enactment of emergency procurement procedures during a state of emergency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. Section 1. A declaration of a State of Emergency proclaimed on is hereby confirmed. Section 2. has caused damage to numerous properties rendering them unsafe or marginally habitable. Section 3. It is hereby necessary to suspend local ordinances, rules and regulations dealing with purchasing and procurement. Section 4. Suspension of ordinances, regulations and procedures shall remain in effect until competent authority shall declare the state of emergency terminated. Section 5. This resolution shall take affect immediately upon adoption. . .. ,. . PASSED AND ADOPTED in regular session this day of , 199 - MAYOR ATTEST: City Clerk . 2 ORD. NO. -"', - I CITY DF DELRAY BEA[H GlTY ATTORNEY'S OFFICE ~ ; '.'.... ~ )(\"'. c.-..d E . [:; t'" \Y lH:..l'H. FLl-.d{IDA 33":~.. ; '\' ') i .\ i ; ~ _ L . ' ; - .:: -; ~ - --: .' Wr~t.r'. D~r_ct L~n_ (407) 243-7091 MEMORANDUM Date: January 17, 1992 To: City Commission From: Susan A. Ruby, Assistant City Attorney Subject: Kettlehut v. City of Delray Beach In 1987 the City entered into a contract with Kurt Kettlehut for the design of certain beautification projects. The City terminated the contract. At the time of termination, the City proposed various settlement offers which were either rejected by the applicant or the City Commission. As time went on, the settlement figures proposed by Mr. Kettlehut and the City's original settlement offers became even more divergent. The City received, approximately two weeks ago, a Complaint to Compel Arbitration regarding this particular matter. The City, in response, moved to dismiss the Complaint to Compel Arbitration on the basis that the arbitration clause is only triggered when there are internal disputes. The City alleged in its Motion to Dismiss that Mr. Kettlehut breached his contract. A hearing was scheduled and held before Judge Lucy Brown on January 9, 1992 on the City's Motion to Dismiss. The judge denied the City's Motion to Dismiss; however, the Judge indicated that the reason she denied the Motion to Dismiss was that she believed the appropriate pleading would be an answer by the City. The Judge indicated that if the answer indicated via counterclaim that there was an issue of breach of contract, that she would reconsider the issue of arbitration. Our office will be seeking direction as to whether we should file a counterclaim alleging breach of contract against Kurt Kettlehut during the City Attorney's comments portion of the City Commission meeting of January 21, 1992. A more detailed account of the factual issues will be presented at that time. Should you desire further information prior to the Commission meeting, please do not hesitate to contact our office. (JJ}fJn imolLS {!onSEnStLS -10 flui;'o~/2 S SAR: sh fd,nCf of C!oun-rEe (!).PItT) j;e 8eE11C1f cc: David Harden, City Manager tJr:- Co/J~r kettle.sar. 1/,;:l//9~ ..